BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1781


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          Date of Hearing:   April 5, 2016


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 1781  
          (Lopez) - As Amended March 17, 2016


          [Note:  This bill is double referred to the Assembly Veterans  
          Affairs Committee and will be heard as it relates to issues  
          under its jurisdiction.]





          SUBJECT:  Public postsecondary education:  child development  
          programs


          SUMMARY:  Requires child development programs established by the  
          California Community Colleges (CCC), the California State  
          University (CSU), and the University of California (UC), as  
          authorized, to give priority to children of students who are  
          active duty members of the California National Guard (CNG); and,  
          specifies that the priority shall not exceed other priorities  
          established, as of January 1, 2017, by the public postsecondary  
          educational institution or the State Superintendent of Public  
          Instruction (SPI) for the program.  


          EXISTING LAW:  










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          1)Authorizes higher educational institutions to establish and  
            maintain child development programs on or near their  
            respective campuses; specifies that those higher educational  
            institutions under contract with the California Department of  
            Education (CDE) for child care and development services are  
            subject to the rules and regulations adopted by the SPI;  
            requires that children of students of each campus operating a  
            child development program shall have first priority for  
            service in that program, in accordance with the priorities  
            established in subdivision (b) of Education Code (EC) Section  
            8263; and, requires the SPI, in cooperation with higher  
            educational institutions, to establish rules and regulations  
            governing programs operated, as specified (EC Section 66060).


          2)Establishes the Child Care and Developmental Services Act to  
            provide child care and development services as part of a  
            coordinated, comprehensive, and cost-effective system serving  
            children from birth to 13 years old and their parents and  
            including a full range of supervision, health, and support  
            services through full- and part-time programs (EC Section  
            8200, et seq.).


          3)Declares legislative intent to give priority access to child  
            development programs to children of families that qualify for  
            applicable federal public assistance and other low-income and  
            disadvantage families (EC Section 8205). 


          4)Requires the SPI to administer general child care and  
            development programs to include, among other things as  
            specified, age- and developmentally-appropriate activities,  
            supervision, parenting education and involvement, and  
            nutrition.  Further allows such programs to be designed to  
            meet child-related needs identified by parents or guardians,  
            as specified (EC Sections 8240 and 8241).










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          5)Stipulates requirements families must meet in order to be  
            eligible for federal and state subsidized child development  
            services, and grants priority enrollment to children who have  
            been or are at risk of being abused or neglected, as specified  
            (EC Section 8263).


          FISCAL EFFECT:  Unknown


          COMMENTS:  Need for this measure.  According to the author, due  
          to the inconsistency of military personnel's demanding job  
          schedules, their children can be subjected to conditions where  
          they are left without care.  The author states, "California  
          Military Department's Office of Governmental Affairs has also  
          noted that Service Members could be called for active duty for  
          as little as a few days or be called for a couple of months in  
          response to any state emergency."


          The author argues that, "This bill will grant active duty  
          members of the California National Guard who are students  
          attending a California college or university to be given  
          priority to enroll their child at a campus child development  
          center, if available.  Allowing this will take off a burden many  
          service members face when activated for state duty."


          General child care and development programs.  According to the  
          CDE, general child care and development programs are state and  
          federally funded programs that use centers and family child care  
          home networks operated or administered by either public or  
          private agencies and local educational agencies.  These agencies  
          provide child development services for children from birth  
          through 12 years of age and older children with exceptional  
          needs.  Said programs provide an educational component that is  
          developmentally, culturally, and linguistically appropriate for  
          the children served.  Additionally, the programs also provide  
          meals and snacks to children, parent education, referrals to  








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          health and social services for families, and staff development  
          opportunities to employees.


          The CDE currently contracts with over 700 private, non-profit,  
          as well as other public agencies so that low-income families can  
          find safe, healthy, and age-appropriate educational environments  
          for the care of their children.  The care can be provided in  
          licensed centers, family child care homes, as well as in homes  
          and centers exempt from licensure.  The early education system  
          administered by the CDE continues to be the largest, most  
          culturally diverse, and most comprehensive system in the nation,  
          with funding for fiscal year 2015-16 at $2.4 billion. Services  
          are projected to provide child care to some 450,000 children.   
          Contractors for direct services include school districts, county  
          offices of education, cities, local park and recreation  
          districts, county welfare departments, other public entities,  
          community-based organizations, and private agencies.


          As of March 2016, 52 CCC campuses, 1 CSU campus, and 7 UC  
          campuses have child development programs under contract with the  
          CDE.


          Current practices of the CCC, CSU, and UC.  Committee staff  
          understands that of the CCC, CSU, and UC campuses that have  
          child development programs, each campus differs in the  
          administration of the child development program.   According to  
          the CCC Chancellor's Office, any child development center or lab  
          of the CCC must follow the strict eligibility and priority  
          requirements as directed by their contracts with the CDE.  Some  
          CCC campuses have parent fee-based slots, and have their own  
          waiting lists and prioritization policies for that sub-set of  
          children.  According to the California State Student  
          Association, nearly all of the programs at the CSU are operated  
          under campus Associated Students/Associated Students, Inc.  Some  
          programs are funded through student fees, parent fees and/or  
          private funds.  Many of the CSU campuses give priority to  








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          low-income students seeking to have their children attend a  
          child development program on campus.  According to the UC Office  
          of the President, each campus has a wait list for more children  
          to be able to attend the child care program on campus. 


          The segments have raised questions as to whether or not this  
          measure can be implemented.  As outlined in the "Existing Law"  
          section of this analysis, the child development programs as run  
          by the postsecondary education institutions must adhere to all  
          of the rules and regulations as established by the SPI.  This  
          measure does not appear to align to existing rules and  
          regulations as established by the SPI.


          Active duty CNG.  As presently drafted, it is unclear as to what  
          is meant by "active duty CNG".  If a member of the CNG is on  
          active duty, he/she would presumably not be on campus and  
          attending classes.  If the author wants to ensure that all CNG  
          students' children are eligible, the author may wish to work  
          with the Assembly Veterans Affairs Committee in order to ensure  
          all CNG are captured in this measure.  


          Additionally, the CCC and CSU systems do not centrally collect  
          data for the number of enrolled "active duty CNG".   However,  
          the CCC estimates that this year, systemwide, approximately 65  
          CNG are enrolled.  The UC states that in 2015, systemwide, there  
          were 43 CNG enrolled.  It is presently unclear as to how many  
          children of active duty CNG may benefit from this measure.


          Policy considerations.   This measure calls for the creation of  
          a new priority for children of students who are active duty CNG  
          for the stated purpose of supporting CNG students with child  
          care needs when they are called to active duty.  It is unclear  
          how this bill, which would prioritize active duty CNG for  
          campus-based child care, would meet this goal.  Generally,  
          campus-based child care is available to students during regular  








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          business hours or campus operating hours, and not necessarily  
          open to support emergency child care needs.  


          Further, with limited slots for children to attend the child  
          development programs of the CCC, CSU, and UC campuses, and the  
          initial priorities given to children in dangerous situations and  
          then to children from low-income households, this measure could  
          have the unintended consequence of displacing current and  
          waitlisted students.


          Additionally, the role of the CNG is vital to our state, as are  
          other students who hold military and emergency services roles;  
          it is unclear why CNG students' children, but not other vital  
          service providers, should be giving top priority to limited  
          slots for campus child development programs.


          Lastly, Committee staff understands that this bill may violate  
          existing policies governing   campuses child development programs  
          under contract with the CDE, which are currently required to  
          provide priority to other categories of students.  To note,  
          child care development programs fall under the jurisdiction of  
          the Assembly Education Committee.


          To address the policy concerns, Committee staff recommends, and  
          the author has accepted, the following amendments:


          Strike out Section One entirely and replace with the following:   
          The SPI, in conjunction with the CDE and other appropriate state  
          agencies and stakeholders, shall convene a task force in order  
          to examine the current rules and regulations regarding the  
          priority of children specifically attending a child development  
          program under contract with the CDE, and opine in writing to the  
          appropriate policy committees of the Legislature, on or before  
          January 31, 2018, as to whether or not the existing priorities  








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          should be amended to include children of CNG and other military  
          personnel students; and, develop plans for child development  
          programs for their children in cases of state emergencies when  
          the CNG and other military personnel are called to duty.


          Note, due to the Legislative Calendar Deadlines, the amendments  
          will be processed and adopted in the Assembly Veterans Affairs  
          Committee.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.




          Opposition


          None on file.




          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)  
          319-3960













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