Amended in Senate June 1, 2015

Amended in Senate April 14, 2015

Senate BillNo. 548


Introduced by Senator De León

begin insert

(Coauthors: Senators Hancock and Jackson)

end insert

(begin deleteCoauthor: end deletebegin insertCoauthors:end insertbegin insert end insertAssemblybegin delete Memberend deletebegin insert Membersend insert Atkinsbegin insert and Weberend insert)

February 26, 2015


An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care.

LEGISLATIVE COUNSEL’S DIGEST

SB 548, as amended, De León. Child care: family child care providers: bargainingbegin delete representatives.end deletebegin insert representative.end insert

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks.

This bill would authorize family child care providers, as defined, to form, join, and participate in the activities of provider organizations, as defined, and to seek the certification of a provider organization to act as the exclusive representative for family child care providers on matters related to state-funded child care programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board.

The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations, and would require the provider organization requesting the information to bear the costs of collecting the information, as provided.

The bill would establish the scope of representation of the certified provider organization, and would require the Governor, through the Department of Human Resources, in consultation with the Superintendent of Public Instruction and other entities, to meet and confer in good faith with the certified provider organization on all matters within that scope of representation. The bill would require the parties to jointly prepare a memorandum of understanding if agreement is reached, which would be binding on all state departments and agencies, and their contractors and subcontractors, that are involved in the administration of state-funded child care programs. The bill would authorize the parties, if, after a reasonable period of time they fail to reach agreement, to agree to submit unresolved issues to the California State Mediation and Conciliation Service for mediation or binding arbitration, and would authorize either party to declare that an impasse has been reached and request the Public Employment Relations Board to appoint a mediator or arbitrator from the service to perform mediation or binding arbitration.

The bill would authorize a certified provider organization to enter into an agreement with the state that provides that the state will require entities that make subsidy payments to providers, including the contractors or subcontractors of state agencies and departments, to deduct membership dues and other voluntary deductions from those subsidy payments. The bill would prohibit provider organizations from calling strikes. The bill would prohibit the state and provider organizations from engaging in specified prohibited behavior with each other and providers.

The bill would require the Governor or his or her designee to perform a study of best practices for engaging families in their children’s early care and education in family child care settings, as provided, and would require the Governor or his or her designee to report to the Legislature and the Department of Finance on or before January 1, 2017, with his or her findings and a proposed framework of priorities in which to invest.

The bill would require a certified provider organization and the state to form abegin delete Joint Committeeend deletebegin insert Partnershipend insert on Child Care Training, Education, and Quality Improvement made up of specified individuals. Among other things, the bill would require thebegin delete committeeend deletebegin insert partnershipend insert to identify gaps in the training available to family child care providers and barriers that prevent family child care providers from gaining greater skills and accessing postsecondary education, and issue recommendations on an annual basis to improve the quality of care offered by licensed and licensed-exempt family child care providers. The bill would require thebegin insert certifiedend insert provider organization tobegin delete establish a training program toend delete carry out the recommendations of thebegin delete committee.end deletebegin insert partnership.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Quality, affordable child care is essential to prepare
4California’s children to succeed in school and in life and to allow
5families to work and contribute to the state’s economy with the
6assurance that their children are safe, well cared for, and learning.

7(b) Family child care is the child care setting of choice for many
8families because of its warm homelike environment, convenience,
9and affordability. The flexibility offered by many family child care
10providers is particularly vital to low-wage workers who are subject
11to highly unpredictable work schedules, and to the many California
12workers who work nontraditional hours and need child care on
13evenings, overnights, and weekends. Close to 40 percent of licensed
14family child care homes offer evening, weekend, and overnight
15care, compared with only 2 percent of centers.

16(c) Family child care providers are small business owners who
17contribute significantly to the economies of their communities and
18the state. As businesses, family child care providers are engines
19for economic growth, generating 100,000 direct and indirect jobs,
20three billion five hundred million dollars ($3,500,000,000) in
21economic output, and five hundred fifty million dollars
P4    1($550,000,000) in tax revenues. Family child care providers also
2contribute to the economy by serving as a vital job support for
3working families.

4(d) There is a need to improve the quality of child care and to
5increase stability in the industry that is charged with providing
6safe and quality care for children in California. Turnover among
7child care providers is estimated at more than 30 percent per year,
8more than four times higher than among teachers in the public
9school system. Losing a caregiver leaves working parents
10scrambling to find other arrangements and disrupts the children’s
11cognitive and social development, putting them at a disadvantage
12when it is time for them to start school.

13(e) Experienced child care providers who care for children under
14California’s state-funded child care program are leaving the
15profession because extremely low reimbursement rates and a lack
16of access to employment benefits mean they cannot afford to
17provide for their own families. The state’s fragmented, disorganized
18system for paying child care providers under the state-funded child
19care program, in which more than 120 different agencies contract
20with the state to pay child care providers, also contributes to this
21turnover. Child care providers’ pay is often late, reduced, or does
22not arrive at all, and there is a lack of clear authority and redress
23when problems arise.

24(f) The supply of quality child care in California is inadequate
25to meet the demand. Since 2008, the state has seen a decline of
26almost 26 percent in the number of licensed family child care
27homes. California lost over 11,000 licensed family child care
28providers and over 61,000 slots for children in these homes. In
292012, there was licensed child care capacity for only 25 percent
30of children of working parents.

31(g) In order to address one of the areas of greatest need in the
32state-funded child care program, to improve developmental and
33educational outcomes for children in poverty, and to build off the
34goals of the local control funding formula, additional slots for
35California’s neediest children must be added.

36(h) Family child care providers’ role in the state’s child care
37program gives them unique insight into how quality, access, and
38stability could be improved for children and families. For the last
39several years, child care providers have worked together with the
40State Department of Education to make improvements to the state’s
P5    1requirements for timeliness of payment and communications with
2child care providers and families. This progress shows the value
3that child care provider voices can add. But it also highlights the
4need for child care providers to have a formal role in
5decisionmaking on issues that shape the child care system and the
6way they carry out their profession.

7(i) To promote higher quality and greater access and stability
8in the child care system, it is necessary to enact legislation to grant
9family child care providers the right to choose a representative to
10negotiate with the state over the operation of the state-funded child
11care program. Permitting family child care providers a formal
12voice will allow the state to get input from providers and to
13maximize its return on its investment in child care, and will allow
14providers to advocate to improve the quality, access, and stability
15 of care available to California’s children and families.

16(j) The existing system for providing training to child care
17providers is a patchwork. Training is provided by hundreds of
18different entities and is challenging to access for large numbers of
19child care providers. Family child care providers also face
20particular barriers to gaining greater skills and accessing
21postsecondary education, including language barriers, scheduling
22of classes that are incompatible with the operation of their family
23child care homes, and lack of access to tutoring and mentoring.
24Consistent with the state’s focus on the improvement and expansion
25of workforce development and apprenticeships, a training
26partnership between the state and a certified provider organization
27will be able to draw down federal and private funding to add
28capacity to existing state training resources, from general education
29classes (GED) and English language learner (ELL) classes to
30providing support for child care providers who seek to obtain
31higher education credentials in child development. This training
32partnership will help build skills, knowledge, and techniques to
33provide higher quality early learning for family child care providers
34as well as center or school-based care providers. Financial
35incentives, such as rate add-ons for child care providers who obtain
36additional training or who complete apprenticeship programs, will
37encourage participation, acknowledge additional skill, and help
38ensure that child care providers with greater training remain serving
39at-risk children.

P6    1(k) Parent engagement is a crucial part of children’s success in
2early care, inbegin delete schoolend deletebegin insert school,end insert and later in life. Family child care
3providers’ role in the state’s child care program gives them unique
4insight into how quality, access, and stability could be improved
5for children and families. Many parents choose home-based child
6care providers due to shared values and culture, close personal
7relationships, and provider flexibility with erratic work schedules.
8Accordingly, pursuant to Section 8439 of the Education Code, the
9Governor or his or her designee shall perform a study of best
10practices for culturally competent parent engagement in family
11child care, including in particular engagement of parents who work
12nontraditional hours. The study shall determine how to most
13effectively ensure that parents are involved with their children’s
14development and are better able to provide learning and other
15developmental opportunities for their children at home in a
16culturally appropriate manner. The goal of the study will be to
17identify best practices that target low-income families and to
18propose some options for a California parent engagement program
19as well as identify possible funding sources for such work.

20

SEC. 2.  

Article 19.5 (commencing with Section 8430) is added
21to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
22Code
, to read:

23 

24Article 19.5.  Raising Child Care Quality and Accessibility Act
25

 

26

8430.  

This article shall be known, and may be cited, as the
27Raising Child Care Quality and Accessibility Act.

28

8430.5.  

(a) The purpose of this article is to promote quality,
29access, and stability in the child care system by increasing the
30number of child care slots available to California’s neediest
31children; by authorizing an appropriate unit of family child care
32providers to choose a provider organization to act as their exclusive
33representative for purposes of the meet and confer process set forth
34in this article and the administration and enforcement of any
35resulting memorandum of understanding; by establishing a training
36partnership between the state and that exclusive representative;
37and by conducting a study of best practices for parent engagement
38in home-based early care and education. It is also the purpose of
39this article to promote full communication between family child
40care providers and the state by permitting a provider organization
P7    1certified as the representative of family child care providers to
2meet and confer with the state regarding the state’s child care
3system.

4(b) This article does not change the family child care providers’
5status as independent business owners or classify family child care
6providers as public employees.

7

8431.  

As used in this article:

8(a) “Certified provider organization” means a provider
9organization that is, or provider organizations that jointly are,
10certified by the Public Employment Relations Board as the
11exclusive representative of family child care providers in an
12appropriate unit after a proceeding under Section 8434.

13(b) “Family child care provider” or “provider” means a child
14care provider that participates in a state-funded child care program
15and is either of the following:

16(1) A family day care home provider, as described in Section
171596.78 of the Health and Safety Code, who is licensed pursuant
18to the requirement in Section 1596.80 of the Health and Safety
19Code.

20(2) An individual who meets both of the following criteria:

21(A) Provides child care in his or her own home or in the home
22of the child receiving care.

23(B) Is exempt from licensing requirements pursuant to Section
241596.792 of the Health and Safety Code.

25(c) “Maintenance of checkoff” means an agreement between a
26provider and a provider organization that the provider’s
27authorization for the deduction of union dues or their equivalent
28can only be withdrawn during a designated window period.

29(d) “Provider organization” means an organization that has all
30of the following characteristics:

31(1) Includes family child care providers as members.

32(2) Has as one of its main purposes the representation of family
33child care providers in their relations with public or private entities
34in California and the terms of their participation in state-funded
35child care programs.

36(3) Is not an entity that contracts with the state or a county to
37administer or process payments for a state-funded child care
38program.

39(e) “Public Employment Relations Board” or “board” means
40the Public Employment Relations Board established pursuant to
P8    1Section 3541 of the Government Code. The powers and duties of
2the board described in Sections 3514.5, 3520.5, and 3541.3 of the
3Government Code, and the respective implementing regulations,
4shall apply, as appropriate, to this article to the extent those
5procedures are not inconsistent with the procedures specified in
6this article. If a provision of this article is the same or substantially
7the same as that contained in Chapter 10 (commencing with Section
83500), Chapter 10.3 (commencing with Section 3512), or Chapter
910.7 (commencing with Section 3540) of Division 4 of Title 1 of
10the Government Code, it shall be interpreted and applied in
11accordance with thebegin insert regulations andend insert judicial interpretations of the
12provision in those statutes.

13(f) “State-funded child care program” means a program
14administered by the State Department of Education, the State
15Department of Social Services, or another department, agency, or
16political subdivision of the state, including programs established
17subsequent to the passage of this article, to subsidize early learning
18and care for children, but not including the public education system.

19

8431.5.  

The state action antitrust exemption to the application
20of federal and state antitrust laws is applicable to the activities of
21family child care providers and their representatives authorized
22under this article.

23

8432.  

Family child care providers have the right to form, join,
24and participate in the activities of provider organizations of their
25own choosing for the purpose of being represented in all matters
26specified in this article. Family child care providers have the right
27to refuse to join or participate in the activities of provider
28organizations. This article does not change the rights of family
29child care providers to represent themselves individually in their
30relations with the state, agencies or departments of the state,
31contractors of the state, parents, or others, or their rights to speak
32to and petition the government with respect to all aspects of the
33state’s child care program or any other topic.

34

8432.5.  

Family child care providers are not public employees,
35and this article does not create an employer-employee relationship
36between family child care providers and the state or a public or
37private nonprofit entity for any purpose, including, but not limited
38to, eligibility for health or retirement benefits or vicarious liability
39in tort. This article does not alter the status of a family child care
P9    1provider as a business owner, an employee of a family, or a
2contractor.

3

8433.  

This article does not alter the rights of families to select,
4direct, and terminate the services of family child care providers.

5

8433.5.  

(a) Within 10 days of receipt of a request from a
6provider organization, the State Department of Social Services
7shall make available to that provider organization information
8regarding family child care providers described in paragraph (1)
9of subdivision (b) of Section 8431, including each provider’s name,
10home address, mailing address, telephone number, email address,
11begin insert if known,end insert and license number.

12(b) Within 30 days of receipt of a request from a provider
13organization, the State Department of Education, with the
14assistance of the State Department of Social Services and any state
15department or agency, or its contractor or subcontractor, in
16possession of the relevant information, shall collect information
17regarding family child care providers, including each provider’s
18name, home address, mailing address, telephone number, email
19address,begin insert if known,end insert unique provider identification number, if
20applicable, and shall make that information available to the
21provider organization. The provider organization shall bear the
22reasonable costs of collecting the information described in this
23subdivision to the extent that the state is not already collecting it
24and is not already required by federal or state law or regulation to
25collect it.

26(c) Upon the request of a certified provider organization, the
27State Department of Social Services and the State Department of
28Education shall make available to that organization the information
29specified in subdivisions (a) and (b), updated on a monthly basis.

30(d) A provider organization under this article shall be considered
31abegin insert familyend insert day care organization for purposes of subdivisions (b) and
32(c) of Section 1596.86 of the Health and Safety Code. All
33confidentiality requirements applicable to recipients of information
34pursuant to Section 1596.86 of the Health and Safety Code apply
35to provider organizations and shall apply also to protect the
36personal information of family child care providers as defined in
37paragraph (2) of subdivision (b) of Section 8431. Information
38provided pursuant to this section shall be used only for purposes
39of organizing and representing family child care providers.

P10   1(e) Upon written request of a family child care provider, the
2State Department of Education and the State Department of Social
3Services shall remove the family child care provider’s home
4address and home telephone number from the mailing lists
5referenced in subdivisions (a), (b), and (c) beforebegin delete toend delete the release of
6the lists.

7

8434.  

(a) begin deleteThe end deletebegin insertAn end insertappropriate unit of family child care
8providers, as described in subdivision (e), may designate, in
9accordance withbegin delete the provisions ofend delete this article, the provider
10organization, if any, that shall be its exclusive representative. The
11board shall certify a provider organization designated by an
12appropriate unit of family child care providers as the exclusive
13representative of those providers.

14(b) Requests for elections, challenges,begin delete andend delete competing claims,
15requests for intervention, and requests for decertification shall be
16filed with, received by, and acted upon by the board,begin insert in accordance
17with its rules and regulations,end insert
provided that a valid petition for a
18certification or decertification election is resolved by a secret ballot
19election among family child care providers. The board may
20designate a neutral third party to act on any of the requests filed
21with the board pursuant to this subdivision.

begin delete

22(c) The provider organization that presents a petition requesting
23certification shall pay the reasonable costs of verifying the number
24of family child care providers that have designated a provider
25organization to act as their exclusive representative. The

end delete

26begin insert(c)end insertbegin insertend insertbegin insertA provider organization petitioning for an election to be
27certified by the board as the exclusive representative for an
28appropriate group of providers shall include in its petition proof
29of a 30 percent showing of interest designating the provider
30organization to act as the exclusive representative of the providers.
31The provider organization shall pay the reasonable costs of
32verifying this showing of interest. Theend insert
board, or a neutral third
33party designated by the board to act on a request forbegin delete certificationend delete
34begin insert anend insert election, shall consider a document evidencing a family child
35care provider’sbegin delete supportend deletebegin insert support, or lack of support,end insert for a provider
36organization valid if it was signed by the family child care provider
37within two years of the date it is submitted to the board.

38(d) All provider organizations placed on the ballot shall share
39equally the cost of an election.

begin delete

P11   1(e) The only appropriate unit shall consist of all family child
2care providers in the state.

end delete
begin insert

3(e) There shall be no more than one bargaining unit at any time.
4A unit of providers shall be considered an appropriate unit if it is
5a statewide unit and is any of the following:

end insert
begin insert

6(1) All family child care providers in the state.

end insert
begin insert

7(2) All family child care providers described in paragraph (1)
8of subdivision (b) of Section 8431.

end insert
begin insert

9(3) All family child care providers described in paragraph (2)
10of subdivision (b) of Section 8431.

end insert

11(f) A certified provider organization shall represent each
12provider in the represented unit fairly with respect to matters within
13the scope of the certified provider organization’s role as exclusive
14representative of the bargaining unit, without discrimination and
15without regard to whether the provider is a member of the provider
16organization.

begin insert

17(g) A certified provider organization may file a request with the
18board for an election to add providers to an existing unit, to be
19voted on by a group of providers proposed to be added to the unit,
20based on a showing of interest by 30 percent of the providers
21proposed to be added to the unit, at any point after the provider
22organization has been certified as an exclusive representative.
23This article does not require a one-year waiting period after the
24provider organization has been certified as an exclusive
25representative before the election, authorized pursuant to this
26subdivision, can be held.

end insert
27

8434.5.  

The scope of representation shall include all of the
28following:

29(a) The administration of laws and regulations governing
30licensing for providers.

31(b) Joint labor-management committees.

32(c) Contract grievance arbitration.

33(d) Expanded access to professional development and training
34opportunities for providers, including, but not limited to, through
35the training partnership established pursuant to Section 8439.5,
36and state contributions tobegin insert carry out the recommendations ofend insert the
37training partnership.

38(e) Benefits for providers.

39(f) Payment procedures for state-funded child care programs.

P12   1(g) Reimbursement rates, including, but not limited to, rate
2add-ons for providers who complete additional training, and other
3economic matters.

4(h) Expanded access to and funding for food and nutrition
5programs.

6(i) The deduction of membership dues and other voluntary
7deductions authorized by individual family child care providers,
8including, but not limited to, honoring maintenance of checkoff
9agreements, and allocation of the costs of implementing such a
10deduction system.

11(j) Expanded access to the state-funded child care program to
12families in need of subsidies.

13(k) Any changes to current practice other than those listed in
14subdivisions (a) to (j), inclusive, that would do any of the
15following:

16(1) Improve recruitment and retention of qualified providers.

17(2) Improve the quality of the programs.

18(3) Encourage qualified providers to seek additional education
19and training.

20(4) Promote the health and safety of providers and the children
21in their care.

22

8435.  

(a) The Governor, through the Department of Human
23Resources, in consultation with the Superintendent, other state
24agencies that administer state-funded child care programs, and
25their contractors, as needed, shall meet and confer in good faith
26regarding all matters within the scope of representation with
27representatives of a certified provider organization and, before
28arriving at a determination of policy or course of action, shall
29consider fully the presentations made by the certified provider
30organization on behalf of the providers it represents.

31(b) As used in this section, “meet and confer in good faith”
32means that the Governor, through the Department of Human
33 Resources, and representatives of the certified provider
34organization shall have the mutual obligation to meet and confer
35promptly upon request by either party and continue for a reasonable
36period of time in order to exchange freely information, opinions,
37and proposals. The duty to meet and confer in good faith also
38requires the parties to begin negotiations sufficiently in advance
39of the adoption of the state’s final budget for the ensuing fiscal
40year so that there is adequate time for agreement to be reached
P13   1before the adoption of the final budget and for the resolution of
2an impasse.

3

8435.5.  

(a) If agreement is reached between the Governor,
4through the Department of Human Resources, and the certified
5provider organization, they jointly shall prepare a written
6memorandum of understanding. Any portions of the memorandum
7of understanding requiring appropriation by the Legislature or
8statutory or regulatory revisions shall be subject to legislative
9approval of those appropriations or statutory or regulatory
10revisions.

11(b) A memorandum of understanding between the Governor,
12through the Department of Human Resources, and the certified
13provider organization is binding on all state departments and
14agencies that are involved in the administration of the state-funded
15child care program, and the relevant contractors or subcontractors
16of those departments and agencies.

17(c) An agreement pursuant to this section may provide for
18binding arbitration of grievances concerning the interpretation,
19application, or violation of the agreement.

20(d) This article does not alter the requirements governing the
21child care reimbursement system that are set forth in Section 8222.

22

8436.  

(a) A certified provider organization shall have the right
23to enter into an agreement with the state that provides that the state
24will require entities that make subsidy payments to providers,
25including the contractors or subcontractors of state agencies and
26departments, to deduct membership dues and other voluntary
27deductions from those subsidy payments.

28(b) If the deduction of membership dues or other voluntary
29deductions for a provider requires action by more than one agency,
30department, contractor, or subcontractor, the certified provider
31organization shall establish procedures to ensure both of the
32following:

33(1) The total amount deducted does not exceed the total dues
34and other voluntary deductions owed by that provider.

35(2) The administrative procedures for deducting dues and other
36voluntary deductions are reasonable.

37(c) The state, its agencies and departments, and their contractors
38and subcontractors shall not be liable in any action by a provider
39seeking recovery of, or damage for, improper calculation or use
40of dues or other voluntary deductions.

P14   1

8436.5.  

(a) It is unlawful for the state, including its agencies,
2boards, commissions, departments, public benefit corporations,
3political subdivisions, contractors, subcontractors, or employees,
4to do to the providers or provider organizations any of the things
5made unlawful under Section 3519 of the Government Code.

6(b) It shall be unlawful for a provider organization to do to the
7state or to the providers any of the things made unlawful under
8Section 3519.5 of the Government Code.

9(c) For purposes of subdivisions (a) and (b), the references in
10subdivision (e) of Section 3519 of, and subdivision (d) of Section
113519.5 of, the Government Code to “the mediation procedure set
12forth in Section 3518” shall be deemed to refer to the impasse
13procedures set forth in Section 8437.5.

14(d) The initial determination as to whether charges of unfair
15practices are justified and, if so, what remedy is necessary to
16effectuate the purposes of this article shall be a matter within the
17exclusive jurisdiction of the board.

18

8437.  

A provider organization shall not direct or call a strike.

19

8437.5.  

If after a reasonable period of time the parties fail to
20reach agreement, the parties may agree to submit unresolved issues
21to the California State Mediation and Conciliation Service
22established by the Department of Industrial Relations for mediation
23or binding arbitration, or either party may declare that an impasse
24has been reached and request the board to appoint a mediator or
25an arbitrator from the California State Mediation and Conciliation
26Service to perform mediation or binding arbitration. A
27memorandum of understanding reached by means of mediation or
28arbitration is subject to appropriation by the Legislature and
29necessary statutory and regulatory revisions.

30

8438.  

Ifbegin delete orientationsend deletebegin insert preend insertbegin insertservice or orientation trainingsend insert are
31held for providers by the state orbegin delete anyend deletebegin insert aend insert department, contractor,
32agency, or political subdivision of the state, a certified provider
33organization shall be permitted to make a brief presentation about
34the organization and its activities, its negotiations and
35 memorandum of understanding, and membership at thebegin delete orientation.end delete
36begin insert preend insertbegin insertservice or orientation trainings.end insert

37

8438.5.  

It is the intent of the Legislature to create ____
38additional slots in alternative payment voucher programs for
39children living in extreme poverty, defined as 50 percent of the
P15   1federal poverty level, pending approval through the annual budget
2process.

3

8439.  

(a) The Governor or his or her designee shall perform
4a study of best practices for engaging families in their children’s
5early care and education in family child care settings, and of federal
6and other funding streams that could support this work without
7reducing the availability and affordability of child care in
8California, and shall report to the Legislature and the Department
9of Finance, on or before January 1, 2017, with its findings and a
10proposed framework of priorities in which to invest. In performing
11the study, the Governor or his or her designee shall consult with
12stakeholders, including the State Department of Social Services,
13First 5 California, and organizations that represent parents with
14young children, particularly lower income and
15non-English-speaking families, to consider how best to engage
16and support those families in a culturally competent manner.

17(b) (1) A report submitted to the Legislature pursuant to this
18section shall be submitted in compliance with Section 9795 of the
19Government Code.

20(2) The requirement for submitting a report pursuant to this
21section shall become inoperative on January 1, 2021, pursuant to
22Section 10231.5 of the Government Code.

23

8439.5.  

(a) If a provider organization is certified pursuant to
24Section 8434, the state and the certified provider organization shall
25establish a training partnership that will consist of abegin delete Joint
26Committeeend delete
begin insert Partnershipend insert on Child Care Training, Education, and
27Quality Improvement, made up of representatives of the certified
28provider organization and designees of the Governor.begin delete The provider
29organization shall establish a training program that shall carry out
30the recommendations of the committee.end delete
begin insert The partnership shall
31make recommendations regarding, and oversee, the expenditures
32referred to in subdivision (e). The partnership may consult with
33other early education and care advocates, the end insert
begin insertSuperintendent end insertbegin insertor
34his or her designees, representatives of community colleges, higher
35education institutions, resource and referral networks, unions that
36operate training programs, apprenticeship programs, and early
37education and care employers. The certified provider organization
38shall carry out the recommendations of the partnership.end insert

39(b) Thebegin delete committeeend deletebegin insert partnershipend insert shall meet to identify gaps in
40the training available to family child care providers and barriers
P16   1that prevent family child care providers from gaining greater skills
2and accessing postsecondary education, and issue recommendations
3on an annual basis to improve the quality of care offered by
4licensed and licensed-exempt family child care providers.

5(c) Thebegin delete committeeend deletebegin insert partnershipend insert shall play a coordinating role in
6ensuring that the training offered to providersbegin delete through the training
7programend delete
meets the state’s needs for the child care workforce;
8satisfies the health, safety, and educational standards prescribed
9by the state; aligns with the state’s quality rating systems; and
10identifies and works to eliminate barriers to providers accessing
11training.

12(d) Thebegin delete committee’send deletebegin insert partnership’send insert recommendations may
13include, but are not limited to: ways to access federal and private
14funding for training to expand capacity to existing state training
15resources, such as general education classes and English language
16learner classes;begin insert ways to expand and improve provider training and
17skills on subjects including, but not limited to, child literacy,
18children with special needs, and children’s social and emotional
19development;end insert
ways to support providers who seek to obtain training
20or higher education credentials in childbegin delete development;end deletebegin insert development
21or a related field;end insert
waysbegin delete for the training programend delete to work with
22existing training providers and educational institutions, including,
23but not limited to, resource and referral networks, community
24colleges, and apprenticeship programs; and waysbegin delete for the training
25programend delete
to make training andbegin delete educationend deletebegin insert education, which may
26include unit-bearing courses and trainingend insert
begin insert,end insert available to child care
27workers and other workers employed by child care centers and
28schools.

29(e) It is the intent of the Legislature to allocate funds in the
30Budget Act of 2015, in the amount of one million dollars
31($1,000,000), to carry out the initial recommendations of the begin delete32 committee.end delete begin insert partnership.end insert It is the intent of thebegin delete Legislature,end delete
33begin insert Legislatureend insert thatbegin insert,end insert in subsequent years, the recommendations of the
34begin delete committeeend deletebegin insert partnershipend insert shall be funded by contributions agreed to
35for that purpose in the memorandum of understanding between
36the provider organization and the Governor, through the
37Department of Human Resources, as specified in Section 8435.5.



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