Amended in Assembly August 17, 2015

Amended in Senate June 1, 2015

Amended in Senate April 14, 2015

Senate BillNo. 548


Introduced by Senator De León

(Coauthors: Senators Hancock and Jackson)

(Coauthors: Assembly Members Atkins and Weber)

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: bargaining representative.

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 a Partnership on Child Care Training, Education, and Quality Improvement made up of specified individuals. Among other things, the bill would require the partnership 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 the certified provider organization to carry out the recommendations of the partnership.

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.begin delete Theend deletebegin insert The child care workforce is
18almost exclusively female and predominantly people of color,
19 including many recent immigrants, first-generation college
20students, and working mothers. Nearly one-half of child care
21workers nationwide live in families that rely on public support,
22compared to 25 percent in the overall United States’ workforce.end insert

23begin insert(f)end insertbegin insertend insertbegin insertTheend insert state’s fragmented, disorganized system for paying child
24care providers under the state-funded child care program, in which
25more than 120 different agencies contract with the state to pay
26child care providers, also contributes to this turnover. Child care
27providers’ pay is often late, reduced, or does not arrive at all, and
28there is a lack of clear authority and redress when problems arise.

begin delete

29(f) The supply of quality child care in California is inadequate
30to meet the demand. Since 2008, the state has seen a decline of
31almost 26 percent in the number of licensed family child care
32homes. California lost over 11,000 licensed family child care
33providers and over 61,000 slots for children in these homes. In
342012, there was licensed child care capacity for only 25 percent
35of children of working parents.

36(g) In order to address one of the areas of greatest need in the
37state-funded child care program, to improve developmental and
38educational outcomes for children in poverty, and to build off the
39goals of the local control funding formula, additional slots for
40California’s neediest children must be added.

P5    1(h)

end delete

2begin insert(g)end insert Family child care providers’ role in the state’s child care
3program gives them unique insight into how quality, access, and
4stability could be improved for children and families. For the last
5several years, child care providers have worked together with the
6State Department of Education to make improvements to the state’s
7requirements for timeliness of payment and communications with
8child care providers and families. This progress shows the value
9that child care provider voices can add. But it also highlights the
10need for child care providers to have a formal role in
11decisionmaking on issues that shape the child care system and the
12way they carry out their profession.

begin delete

13(i)

end delete

14begin insert(h)end insert To promote higher quality and greater access and stability
15in the child care system, it is necessary to enact legislation to grant
16family child care providers the right to choose a representative to
17negotiate with the state over the operation of the state-funded child
18care program. Permitting family child care providers a formal
19voice will allow the state to get input from providers and to
20maximize its return on its investment in child care, and will allow
21providers to advocate to improve the quality, access, and stability
22of care available to California’s children and families.

begin delete

23(j)

end delete

24begin insert(i)end insert The existing system for providing training to child care
25providers is a patchwork. Training is provided by hundreds of
26different entities and is challenging to access for large numbers of
27child care providers. Family child care providers also face
28particular barriers to gaining greater skills and accessing
29postsecondary education, including language barriers, scheduling
30of classes that are incompatible with the operation of their family
31child care homes, and lack of access to tutoring and mentoring.
32begin insert No existing child care training programs address the issue of low
33wages and the high cost of education and training.end insert
Consistent with
34the state’s focus on the improvement and expansion of workforce
35development andbegin delete apprenticeships,end deletebegin insert apprenticeships to include lower
36wage workers,end insert
a training partnership between the state and a
37certified provider organization will be able to draw down federal
38and private funding to add capacity to existing state training
39resources, frombegin delete general education classesend deletebegin insert General Educational
40Developmentend insert
(GED) and English language learner (ELL) classes
P6    1to providing support for child care providers who seek to obtain
2higher education credentials in child development. This training
3partnership will help build skills, knowledge, and techniques to
4provide higher quality early learning for family child care providers
5as well as center or school-based care providers. Financial
6incentives, such as rate add-ons for child care providers who obtain
7additional training or who complete apprenticeship programs, will
8encourage participation, acknowledge additional skill, and help
9ensure that child care providers with greater training remain serving
10at-risk children.

begin delete

11(k)

end delete

12begin insert(j)end insert Parent engagement is a crucial part of children’s success in
13early care, in school, and later in life. Family child care providers’
14role in the state’s child care program gives them unique insight
15into how quality, access, and stability could be improved for
16children and families. Many parents choose home-based child care
17providers due to shared values and culture, close personal
18relationships, and provider flexibility with erratic work schedules.
19Accordingly, pursuant to Section 8439 of the Education Code, the
20Governor or his or her designee shall perform a study of best
21practices for culturally competent parent engagement in family
22child care, including in particular engagement of parents who work
23nontraditional hours. The study shall determine how to most
24effectively ensure that parents are involved with their children’s
25development and are better able to provide learning and other
26developmental opportunities for their children at home in a
27culturally appropriate manner. The goal of the study will be to
28identify best practices that target low-income families and to
29propose some options for a California parent engagement program
30as well as identify possible funding sources for such work.

31

SEC. 2.  

Article 19.5 (commencing with Section 8430) is added
32to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
33Code
, to read:

34 

35Article 19.5.  Raising Child Care Quality and Accessibility Act
36

 

37

8430.  

This article shall be known, and may be cited, as the
38Raising Child Care Quality and Accessibility Act.

39

8430.5.  

(a) The purpose of this article is to promote quality,
40access, and stability in the child care systembegin delete by increasing the
P7    1number of child care slots available to California’s neediest
2children;end delete
by authorizing an appropriate unit of family child care
3providers to choose a provider organization to act as their exclusive
4representative for purposes of the meet and confer process set forth
5in this article and the administration and enforcement of any
6resulting memorandum of understanding; by establishing a training
7partnership between the state and that exclusive representative;
8and by conducting a study of best practices for parent engagement
9in home-based early care and education. It is also the purpose of
10this article to promote full communication between family child
11care providers and the state by permitting a provider organization
12certified as the representative of family child care providers to
13meet and confer with the state regarding the state’s child care
14system.

15(b) This article does not change the family child care providers’
16status as independent business owners or classify family child care
17providers as public employees.

18

8431.  

As used in this article:

19(a) “Certified provider organization” means a provider
20organization that is, or provider organizations that jointly are,
21certified by the Public Employment Relations Board as the
22exclusive representative of family child care providers in an
23appropriate unit after a proceeding under Section 8434.

24(b) “Family child care provider” or “provider” means a child
25care provider that participates in a state-funded child care program
26and is either of the following:

27(1) A family day care home provider, as described in Section
281596.78 of the Health and Safety Code, who is licensed pursuant
29to the requirement in Section 1596.80 of the Health and Safety
30Code.

31(2) An individual who meets both of the following criteria:

32(A) Provides child care in his or her own home or in the home
33of the child receiving care.

34(B) Is exempt from licensing requirements pursuant to Section
351596.792 of the Health and Safety Code.

36(c) “Maintenance of checkoff” means an agreement between a
37provider and a provider organization that the provider’s
38authorization for the deduction of union dues or their equivalent
39can only be withdrawn during a designated window period.

P8    1(d) “Provider organization” means an organization that has all
2of the following characteristics:

3(1) Includes family child care providers as members.

4(2) Has as one of its main purposes the representation of family
5child care providers in their relations with public or private entities
6in California and the terms of their participation in state-funded
7child care programs.

8(3) Is not an entity that contracts with the state or a county to
9administer or process payments for a state-funded child care
10program.

11(e) “Public Employment Relations Board” or “board” means
12the Public Employment Relations Board established pursuant to
13Section 3541 of the Government Code. The powers and duties of
14the board described in Sections 3514.5, 3520.5, and 3541.3 of the
15Government Code, and the respective implementing regulations,
16shall apply, as appropriate, to this article to the extent those
17procedures are not inconsistent with the procedures specified in
18this article. If a provision of this article is the same or substantially
19the same as that contained in Chapter 10 (commencing with Section
203500), Chapter 10.3 (commencing with Section 3512), or Chapter
2110.7 (commencing with Section 3540) of Division 4 of Title 1 of
22the Government Code, it shall be interpreted and applied in
23accordance with the regulations and judicial interpretations of the
24provision in those statutes.

25(f) “State-funded child care program” means a program
26administered by the State Department of Education, the State
27Department of Social Services, or another department, agency, or
28political subdivision of the state, including programs established
29subsequent to the passage of this article, to subsidize early learning
30and care for children, but not including the public education system.

31

8431.5.  

The state action antitrust exemption to the application
32of federal and state antitrust laws is applicable to the activities of
33family child care providers and their representatives authorized
34under this article.

35

8432.  

Family child care providers have the right to form, join,
36and participate in the activities of provider organizations of their
37own choosing for the purpose of being represented in all matters
38specified in this article. Family child care providers have the right
39to refuse to join or participate in the activities of provider
40organizations. This article does not change the rights of family
P9    1child care providers to represent themselves individually in their
2relations with the state, agencies or departments of the state,
3contractors of the state, parents, or others, or their rights to speak
4to and petition the government with respect to all aspects of the
5state’s child care program or any other topic.

6

8432.5.  

Family child care providers are not public employees,
7and this article does not create an employer-employee relationship
8between family child care providers and the state or a public or
9private nonprofit entity for any purpose, including, but not limited
10to, eligibility for health or retirement benefits or vicarious liability
11in tort. This article does not alter the status of a family child care
12provider as a business owner, an employee of a family, or a
13contractor.

14

8433.  

This article does not alter the rights of families to select,
15direct, and terminate the services of family child care providers.

16

8433.5.  

(a) Within 10 days of receipt of a request from a
17provider organization, the State Department of Social Services
18shall make available to that provider organization information
19regarding family child care providers described in paragraph (1)
20of subdivision (b) of Section 8431, including each provider’s name,
21home address, mailing address, telephone number, email address,
22if known, and license number.

23(b) Within 30 days of receipt of a request from a provider
24organization, the State Department of Education, with the
25assistance of the State Department of Social Services and any state
26department or agency, or its contractor or subcontractor, in
27possession of the relevant information, shall collect information
28regarding family child care providers, including each provider’s
29name, home address, mailing address, telephone number, email
30address, if known, unique provider identification number, if
31applicable, and shall make that information available to the
32provider organization. The provider organization shall bear the
33reasonable costs of collecting the information described in this
34subdivision to the extent that the state is not already collecting it
35and is not already required by federal or state law or regulation to
36collect it.

37(c) Upon the request of a certified provider organization, the
38State Department of Social Services and the State Department of
39Education shall make available to that organization the information
40specified in subdivisions (a) and (b), updated on a monthly basis.

P10   1(d) A provider organization under this article shall be considered
2a family day care organization for purposes of subdivisions (b)
3and (c) of Section 1596.86 of the Health and Safety Code. All
4confidentiality requirements applicable to recipients of information
5pursuant to Section 1596.86 of the Health and Safety Code apply
6to provider organizations and shall apply also to protect the
7personal information of family child care providers as defined in
8paragraph (2) of subdivision (b) of Section 8431. Information
9provided pursuant to this section shall be used only for purposes
10of organizing and representing family child care providers.

11(e) Upon written request of a family child care provider, the
12State Department of Education and the State Department of Social
13Services shall remove the family child care provider’s home
14address and home telephone number from the mailing lists
15referenced in subdivisions (a), (b), and (c) before the release of
16the lists.

17

8434.  

(a) An appropriate unit of family child care providers,
18as described in subdivision (e), may designate, in accordance with
19this article, the provider organization, if any, that shall be its
20exclusive representative. The board shall certify a provider
21organization designated by an appropriate unit of family child care
22providers as the exclusive representative of those providers.

23(b) Requests for elections, challenges, competing claims,
24requests for intervention, and requests for decertification shall be
25filed with, received by, and acted upon by the board, in accordance
26with its rules and regulations, provided that a valid petition for a
27certification or decertification election is resolved by a secret ballot
28election among family child care providers. The board may
29designate a neutral third party to act on any of the requests filed
30with the board pursuant to this subdivision.

31(c) A provider organization petitioning for an election to be
32certified by the board as the exclusive representative for an
33appropriate group of providers shall include in its petition proof
34of a 30-percent showing of interest designating the provider
35organization to act as the exclusive representative of the providers.
36The provider organization shall pay the reasonable costs of
37verifying this showing of interest. The board, or a neutral third
38party designated by the board to act on a request for an election,
39shall consider a document evidencing a family child care provider’s
40support, or lack of support, for a provider organization valid if it
P11   1was signed by the family child care provider within two years of
2the date it is submitted to the board.

3(d) All provider organizations placed on the ballot shall share
4equally the cost of an election.

5(e) There shall be no more than one bargaining unit at any time.
6A unit of providers shall be considered an appropriate unit if it is
7a statewide unit and is any of the following:

8(1) All family child care providersbegin insert described in subdivision (b)
9of Section 8431end insert
in the state.

10(2) All family child care providers described in paragraph (1)
11of subdivision (b) of Section 8431.

12(3) All family child care providers described in paragraph (2)
13of subdivision (b) of Section 8431.

14(f) A certified provider organization shall represent each
15provider in the represented unit fairly with respect to matters within
16the scope of the certified provider organization’s role as exclusive
17representative of the bargaining unit, without discrimination and
18without regard to whether the provider is a member of the provider
19organization.

20(g) A certified provider organization may file a request with the
21board for an election to add providers to an existing unit, to be
22voted on by a group of providers proposed to be added to the unit,
23based on a showing of interest by 30 percent of the providers
24proposed to be added to the unit, at any point after the provider
25organization has been certified as an exclusive representative. This
26article does not require a one-year waiting period after the provider
27organization has been certified as an exclusive representative before
28the election, authorized pursuant to this subdivision, can be held.

29

8434.5.  

The scope of representation shall include all of the
30following:

31(a) The administration of laws and regulations governing
32licensing for providers.

33(b) Joint labor-management committees.

34(c) Contract grievance arbitration.

35(d) Expanded access to professional development and training
36opportunities for providers, including, but not limited to, through
37the training partnership established pursuant to Section 8439.5,
38and state contributions to carry out the recommendations of the
39training partnership.

40(e) Benefits for providers.

P12   1(f) Payment procedures for state-funded child care programs.

2(g) Reimbursement rates, including, but not limited to, rate
3add-ons for providers who complete additional training, and other
4economic matters.

5(h) Expanded access to and funding for food and nutrition
6programs.

7(i) The deduction of membership dues and other voluntary
8deductions authorized by individual family child care providers,
9including, but not limited to, honoring maintenance of checkoff
10agreements, and allocation of the costs of implementing such a
11deduction system.

12(j) Expanded access to the state-funded child care program to
13families in need of subsidies.

14(k) Any changes to current practice other than those listed in
15subdivisions (a) to (j), inclusive, that would do any of the
16following:

17(1) Improve recruitment and retention of qualified providers.

18(2) Improve the quality of the programs.

19(3) Encourage qualified providers to seek additional education
20and training.

21(4) Promote the health and safety of providers and the children
22in their care.

23

8435.  

(a) The Governor, through the Department of Human
24Resources, in consultation with the Superintendent, other state
25agencies that administer state-funded child care programs, and
26their contractors, as needed, shall meet and confer in good faith
27regarding all matters within the scope of representation with
28representatives of a certified provider organization and, before
29arriving at a determination of policy or course of action, shall
30consider fully the presentations made by the certified provider
31organization on behalf of the providers it represents.

32(b) As used in this section, “meet and confer in good faith”
33means that the Governor, through the Department of Human
34Resources, and representatives of the certified provider
35organization shall have the mutual obligation to meet and confer
36promptly upon request by either party and continue for a reasonable
37period of time in order to exchange freely information, opinions,
38and proposals. The duty to meet and confer in good faith also
39requires the parties to begin negotiations sufficiently in advance
40of the adoption of the state’s final budget for the ensuing fiscal
P13   1year so that there is adequate time for agreement to be reached
2before the adoption of the final budget and for the resolution of
3an impasse.

4

8435.5.  

(a) If agreement is reached between the Governor,
5through the Department of Human Resources, and the certified
6provider organization, they jointly shall prepare a written
7memorandum of understanding. Any portions of the memorandum
8of understanding requiring appropriation by the Legislature or
9statutory or regulatory revisions shall be subject to legislative
10approval of those appropriations or statutory or regulatory
11revisions.

12(b) A memorandum of understanding between the Governor,
13through the Department of Human Resources, and the certified
14provider organization is binding on all state departments and
15agencies that are involved in the administration of the state-funded
16child care program, and the relevant contractors or subcontractors
17of those departments and agencies.

18(c) An agreement pursuant to this section may provide for
19binding arbitration of grievances concerning the interpretation,
20application, or violation of the agreement.

21(d) This article does not alter the requirements governing the
22child care reimbursement system that are set forth in Section 8222.

23

8436.  

(a) A certified provider organization shall have the right
24to enter into an agreement with the state that provides that the state
25will require entities that make subsidy payments to providers,
26including the contractors or subcontractors of state agencies and
27departments, to deduct membership dues and other voluntary
28deductions from those subsidy payments.

29(b) If the deduction of membership dues or other voluntary
30deductions for a provider requires action by more than one agency,
31department, contractor, or subcontractor, the certified provider
32organization shall establish procedures to ensure both of the
33following:

34(1) The total amount deducted does not exceed the total dues
35and other voluntary deductions owed by that provider.

36(2) The administrative procedures for deducting dues and other
37voluntary deductions are reasonable.

38(c) The state, its agencies and departments, and their contractors
39and subcontractors shall not be liable in any action by a provider
P14   1seeking recovery of, or damage for, improper calculation or use
2of dues or other voluntary deductions.

3

8436.5.  

(a) It is unlawful for the state, including its agencies,
4boards, commissions, departments, public benefit corporations,
5political subdivisions, contractors, subcontractors, or employees,
6to do to the providers or provider organizations any of the things
7made unlawful under Section 3519 of the Government Code.

8(b) It shall be unlawful for a provider organization to do to the
9state or to the providers any of the things made unlawful under
10Section 3519.5 of the Government Code.

11(c) For purposes of subdivisions (a) and (b), the references in
12subdivision (e) of Section 3519 of, and subdivision (d) of Section
133519.5 of, the Government Code to “the mediation procedure set
14forth in Section 3518” shall be deemed to refer to the impasse
15procedures set forth in Section 8437.5.

16(d) The initial determination as to whether charges of unfair
17practices are justified and, if so, what remedy is necessary to
18effectuate the purposes of this article shall be a matter within the
19exclusive jurisdiction of the board.

20

8437.  

A provider organization shall not direct or call a strike.

21

8437.5.  

If after a reasonable period of time the parties fail to
22reach agreement, the parties may agree to submit unresolved issues
23to the California State Mediation and Conciliation Service
24established by the Department of Industrial Relations for mediation
25or binding arbitration, or either party may declare that an impasse
26has been reached and request the board to appoint a mediator or
27an arbitrator from the California State Mediation and Conciliation
28Service to perform mediation or binding arbitration. A
29memorandum of understanding reached by means of mediation or
30arbitration is subject to appropriation by the Legislature and
31necessary statutory and regulatory revisions.

32

8438.  

If preservice or orientation trainings are held for
33providers by the state or a department, contractor, agency, or
34political subdivision of the state, a certified provider organization
35shall be permitted to make a brief presentation about the
36organization and its activities, its negotiations and memorandum
37of understanding, and membership at the preservice or orientation
38trainings.

begin delete
39

8438.5.  

It is the intent of the Legislature to create ____
40additional slots in alternative payment voucher programs for
P15   1children living in extreme poverty, defined as 50 percent of the
2federal poverty level, pending approval through the annual budget
3process.

end delete
4

8439.  

(a) The Governor or his or her designee shall perform
5a study of best practices for engaging families in their children’s
6early care and education in family child care settings, and of federal
7and other funding streams that could support this work without
8reducing the availability and affordability of child care in
9California, and shall report to the Legislature and the Department
10of Finance, on or before January 1, 2017, with its findings and a
11proposed framework of priorities in which to invest. In performing
12the study, the Governor or his or her designee shall consult with
13stakeholders, including the State Department of Social Services,
14First 5 California, and organizations that represent parents with
15young children, particularly lower income and
16non-English-speaking families, to consider how best to engage
17and support those families in a culturally competent manner.

18(b) (1) A report submitted to the Legislature pursuant to this
19section shall be submitted in compliance with Section 9795 of the
20Government Code.

21(2) The requirement for submitting a report pursuant to this
22section shall become inoperative on January 1, 2021, pursuant to
23Section 10231.5 of the Government Code.

24

8439.5.  

(a) If a provider organization is certified pursuant to
25Section 8434, the state and the certified provider organization shall
26establish a training partnership that will consist of a Partnership
27on Child Care Training, Education, and Quality Improvement,
28made up of representatives of the certified provider organization
29and designees of the Governor. The partnership shall make
30recommendations regarding, and oversee, the expenditures referred
31to in subdivision (e). The partnership may consult with other early
32education and care advocates, the Superintendent or his or her
33designees, representatives of community colleges, higher education
34institutions, resource and referralbegin delete networks, unionsend deletebegin insert networks,
35workforce investment boards, the Division of Apprenticeship
36Standards of the Department of Industrial Relations, organizationsend insert

37 that operate training programs, apprenticeship programs, and early
38education and care employers. The certified provider organization
39shall carry out the recommendations of the partnership.

P16   1(b) The partnership shall meet to identify gaps in the training
2available to family child care providers and barriers that prevent
3family child care providers from gaining greater skills and
4accessing postsecondary education, and issue recommendations
5on an annual basis to improve the quality of care offered by
6licensed and licensed-exempt family child care providers.

7(c) The partnership shall play a coordinating role in ensuring
8that the training offered to providers meets the state’s needs for
9thebegin insert overallend insert child care workforce; satisfies the health, safety, and
10educational standards prescribed by the state; aligns with the state’s
11quality rating systems; and identifies and works to eliminate
12barriers to providers accessingbegin delete training.end deletebegin insert training in order to create
13a sustainable career pathway for the early education workforce.end insert

14(d) The partnership’s recommendations may include, but are
15not limited to: ways to access federal and private funding for
16training to expand capacity to existing state training resources,
17such as general education classes and English language learner
18classes; ways to expand and improve provider training and skills
19on subjects including, but not limited to, child literacy, children
20with special needs, and children’s social and emotional
21development; ways to support providers who seek to obtain training
22or higher education credentials in child development or a related
23field; ways to work with existing training providers and educational
24institutions, including, but not limited to, resource and referral
25networks, communitybegin delete colleges,end deletebegin insert colleges, workforce investment
26boards,end insert
and apprenticeship programs; and ways to make training
27and education, which may include unit-bearing courses and
28training, available to child care workers and other workers
29employed by child care centers and schools.

30(e)  begin deleteIt is the intent of the Legislature to allocate funds in the
31Budget Act of 2015, in the amount of one million dollars
32($1,000,000), to carry out the initial recommendations of the
33partnership. end delete
It is the intent of the Legislaturebegin delete that, in subsequent
34years,end delete
begin insert thatend insert the recommendations of the partnership shall be funded
35by contributions agreed to for that purpose in the memorandum
36of understanding between the provider organization and the
37Governor, through the Department of Human Resources, as
38specified in Section 8435.5.



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