Amended in Assembly September 4, 2015

Amended in Assembly August 17, 2015

Amended in Senate June 1, 2015

Amended in Senate April 14, 2015

Senate Bill No. 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 begin delete providers: bargaining representative. end delete begin insert providers: training. 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.

begin delete

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.

end delete begin insert

The bill would require the State Department of Education to ensure that all family child care providers, as defined, attend an in-person orientation training, as provided. The bill would require the orientation training to include at least 4 hours of instruction and include specified information, including minimum health and safety standards. The bill would authorize the Superintendent to adopt rules and regulations regarding the orientation training. The bill would provide that the above provisions are contingent upon an appropriation of funds for these purposes in the annual Budget Act or other statutes.

end insert

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.

begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

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

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

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

begin delete

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

(e) Experienced child care providers who care for children under
California’s state-funded child care program are leaving the
profession because extremely low reimbursement rates and a lack
of access to employment benefits mean they cannot afford to
provide for their own families. The child care workforce is almost
exclusively female and predominantly people of color, including
many recent immigrants, first-generation college students, and
working mothers. Nearly one-half of child care workers nationwide
live in families that rely on public support, compared to 25 percent
in the overall United States’ workforce.

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

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

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

(i)  The existing system for providing training to child care
providers is a patchwork. Training is provided by hundreds of
different entities and is challenging to access for large numbers of
child care providers. Family child care providers also face
particular barriers to gaining greater skills and accessing
postsecondary education, including language barriers, scheduling
of classes that are incompatible with the operation of their family
child care homes, and lack of access to tutoring and mentoring.
No existing child care training programs address the issue of low
wages and the high cost of education and training. Consistent with
the state’s focus on the improvement and expansion of workforce
development and apprenticeships to include lower wage workers,
a training partnership between the state and a certified provider
organization will be able to draw down federal and private funding
to add capacity to existing state training resources, from General
Educational Development (GED) and English language learner
(ELL) classes to providing support for child care providers who
seek to obtain higher education credentials in child development.
This training partnership will help build skills, knowledge, and
techniques to provide higher quality early learning for family child
care providers as well as center or school-based care providers.
Financial incentives, such as rate add-ons for child care providers
who obtain additional training or who complete apprenticeship
programs, will encourage participation, acknowledge additional
skill, and help ensure that child care providers with greater training
remain serving at-risk children.

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

end delete begin insert

(d) Family child care providers face significant health and safety
risks on the job, and will thus benefit from training on occupational
safety and health.

end insert begin insert

(e) Giving family child care providers training on how to better
navigate the state-funded child care system, including how to
become licensed, will result in a more efficient and cost-effective
system for family child care providers, families, and the state.

end insert begin insert

(f) California currently does not have a single list of all family
child care providers who participate in the state-funded child care
program. Creating such a list will enable the state to track and
ensure compliance with training and background check
requirements. Making that list available to provider organizations
that will enable family child care providers to meet one another,
be informed about training opportunities, and form and build
organizations will allow them to share their common concerns
and advocate to improve the quality, access, and stability of child
care available to California’s children and families. This will
allow the state to maximize its return on its investment in child
care.

end insert

SEC. 2.  

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

 

Article 19.5.  Raising Child Care Quality begin delete and Accessibility end delete Act

 

8430.  

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

begin delete

8430.5.  

(a) The purpose of this article is to promote quality,
access, and stability in the child care system by authorizing an
appropriate unit of family child care providers to choose a provider
organization to act as their exclusive representative for purposes
of the meet and confer process set forth in this article and the
administration and enforcement of any resulting memorandum of
understanding; by establishing a training partnership between the
state and that exclusive representative; and by conducting a study
of best practices for parent engagement in home-based early care
and education. It is also the purpose of this article to promote full
communication between family child care providers and the state
by permitting a provider organization certified as the representative
of family child care providers to meet and confer with the state
regarding the state’s child care system.

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

end delete begin insert

begin insert 8431. end insert   

The purpose of this article is to ensure that family child
care providers receive orientation training on subjects including
occupational health and safety practices and standards and the
state’s early learning foundations, and to make it more possible
for family child care providers to be informed about training
opportunities and to form and join provider organizations to share
their common concerns and advocate for improvements to the
state-funded child care system.

end insert

begin delete 8431. end delete
begin insert 8432. end insert   

As used in this article:

begin delete

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

end delete begin delete

(b)

end delete

begin insert (a) end insert  “Family child care provider” or “provider” means a child
care provider that participates in a state-funded child care program
and is either of the following:

(1) A family day care home provider, as described in Section
1596.78 of the Health and Safety Code, who is licensed pursuant
to the requirement in Section 1596.80 of the Health and Safety
Code.

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

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

(B) Is exempt from licensing requirements pursuant to Section
1596.792 of the Health and Safety Code.

begin delete

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

end delete begin delete

(d)

end delete

begin insert (b) end insert  “Provider organization” means an organization that has all
of the following characteristics:

(1) Includes family child care providers as members.

(2) Has as one of its main purposes the representation of family
child care providers in their relations with public or private entities
in California begin delete and end delete begin insert or in advancing the concerns of providers
regarding end insert the terms of their participation in state-funded child care
programs.

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

begin delete

(e) “Public Employment Relations Board” or “board” means
the Public Employment Relations Board established pursuant to
Section 3541 of the Government Code. The powers and duties of
the board described in Sections 3514.5, 3520.5, and 3541.3 of the
Government Code, and the respective implementing regulations,
shall apply, as appropriate, to this article to the extent those
procedures are not inconsistent with the procedures specified in
this article. If a provision of this article is the same or substantially
the same as that contained in Chapter 10 (commencing with Section
3500), Chapter 10.3 (commencing with Section 3512), or Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of
the Government Code, it shall be interpreted and applied in
accordance with the regulations and judicial interpretations of the
provision in those statutes.

(f)

end delete

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

begin delete

8431.5.  

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

end delete begin delete

8432.  

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

end delete begin delete

8432.5.  

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

end delete begin delete

8433.  

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

end delete begin insert

begin insert 8433. end insert   

(a) To ensure that family child care providers have the
opportunity to receive substantive training on topics including
health and safety standards for child care workers, child care
subsidy program functioning, and the state’s early learning
foundations, the State Department of Education shall ensure that
all family child care providers attend an in-person orientation
training. Providers who are new to the state-funded child care
program shall complete the orientation training within three
months after they begin participating in the state-funded child care
program. Providers who are already participating in the
state-funded child care program shall complete the orientation
training within two years after it is first offered. Other child care
providers who are not family child care providers or who do not
participate in the state-funded child care program may also be
invited to attend the orientation training at no cost to the providers
personally.

(b) Family child care providers shall be compensated for their
time attending the orientation training. The orientation training
shall be offered at times and in community-based settings that are
convenient and accessible to family child care providers.

(c) If a substantial number of the family child care providers
participating in the state-funded child care program in a given
county are non-English speaking, some orientation training,
including written material distributed at the training, in that county
shall be provided in the languages spoken by a substantial number
of family child care providers, in order to facilitate full
participation from all providers.

(d) Alternatives to in-person orientation training shall be offered
on a case-by-case basis for providers who have been unable to
attend an orientation training within two years after the training
are first offered, or within three months after the family child care
provider begins participating in the state-funded child care
program.

(e) An orientation training shall include at least four hours of
instruction and shall include information about all of the following:

(1) Minimum health and safety standards, as required by Section
658E of the Child Care and Development Block Grant Act (42
U.S.C. Sec. 9858c).

(2) Occupational health and safety for family child care
providers, including information about injuries, infectious diseases,
environmental risks, and job-related stress.

(3) Information about the state-funded child care program,
including the referral and listing process of resource and referral
agencies, alternative payment programs, including family approval
and payment processes, timelines, appeals processes, licensing
guidelines, and the process for becoming a licensed family child
care provider.

(4) Information about the state’s early learning foundations
and how they align with K-5 standards.

(5) Information on resources available to providers and the
children and families they serve, including all of the following:

(A) The federal Child and Adult Care Food Program.

(B) The state early intervention system, First 5 county
commissions, and other sources of available training and
resources, particularly related to child development, literacy, and
alignment with K-5 standards.

(C) Information from provider organizations that notify the
State Department of Education they would like to make
presentations at or include information about their organizations
at orientation training. These programs or organizations may
deliver this information through brief presentations as part of the
orientation training.

(f) The State Department of Education shall offer the orientation
training either directly or through contracts. The occupational
safety and health portion of the training shall be offered through
contracts with a statewide organization that has expertise about
the state-funded child care program, that includes family child
care providers as members, and that is not an entity that contracts
with the state or a county to administer or process payments for
a state-funded child care program.

(g) Only curriculum approved by the State Department of
Education may be used to fulfill the training requirements specified
in this section. In order to ensure that the occupational safety and
health portion of the training reflects providers’ needs and the
realities of their work with regard to the occupational safety and
health portion of the training, the State Department of Education
shall only approve training curriculum that has been developed
with input from family child care providers or their representatives.

(h) The Superintendent may adopt rules and regulations
regarding the orientations required under this section. The
Superintendent may consult with other appropriate entities,
including provider organizations and other early education and
care advocates, representatives of community colleges, higher
education institutions, resource and referral networks, First 5
county commissions, organizations that operate training programs
or apprenticeship programs, and early education and care
employers in developing these rules and regulations.

(i) The requirements of this section are contingent upon
appropriation of funds for purposes of this section in the annual
Budget Act or other statutes.

end insert

begin delete 8433.5. end delete
begin insert 8434. end insert   

(a) Within 10 days of receipt of a request from a provider
organization, the State Department of Social Services shall make
available to that provider organization information regarding family
child care providers described in paragraph (1) of subdivision begin delete (b) end delete
begin insert (a) end insert of Section begin delete 8431, end delete begin insert 8432, end insert including each provider’s name, home
address, mailing address, telephone number, email address, if
known, and license number.

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

begin insert

(c) A provider organization under this article shall be
considered a family day care organization for purposes of
subdivisions (b) and (c) of Section 1596.86 of the Health and Safety
Code. All confidentiality requirements applicable to recipients of
information pursuant to Section 1596.86 of the Health and Safety
Code apply to provider organizations and shall apply also to
protect the personal information of family child care providers as
defined in paragraph (2) of subdivision (a) of Section 8432.

end insert begin delete

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

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

(e)

end delete

begin insert (d) end insert  Upon written request of a family child care provider, the
State Department of Education and the State Department of Social
Services shall remove the family child care provider’s home
address and home telephone number from the mailing lists
referenced in subdivisions begin delete (a), (b), and (c) end delete begin insert (a) and (b) end insert before the
release of the lists.

begin delete

8434.  

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

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

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

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

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

(1) All family child care providers described in subdivision (b)
of Section 8431 in the state.

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

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

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

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

8434.5.  

The scope of representation shall include all of the
following:

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

(b) Joint labor-management committees.

(c) Contract grievance arbitration.

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

(e) Benefits for providers.

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

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

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

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

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

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

(1) Improve recruitment and retention of qualified providers.

(2) Improve the quality of the programs.

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

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

8435.  

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

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

8435.5.  

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

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

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

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

8436.  

(a) A certified provider organization shall have the right
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.

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

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

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

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

8436.5.  

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

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

(c) For purposes of subdivisions (a) and (b), the references in
subdivision (e) of Section 3519 of, and subdivision (d) of Section
3519.5 of, the Government Code to “the mediation procedure set
forth in Section 3518” shall be deemed to refer to the impasse
procedures set forth in Section 8437.5.

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

8437.  

A provider organization shall not direct or call a strike.

8437.5.  

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

8438.  

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

8439.  

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

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

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

8439.5.  

(a) If a provider organization is certified pursuant to
Section 8434, the state and the certified provider organization shall
establish a training partnership that will consist of a Partnership
on Child Care Training, Education, and Quality Improvement,
made up of representatives of the certified provider organization
and designees of the Governor. The partnership shall make
recommendations regarding, and oversee, the expenditures referred
to in subdivision (e). The partnership may consult with other early
education and care advocates, the Superintendent or his or her
designees, representatives of community colleges, higher education
institutions, resource and referral networks, workforce investment
boards, the Division of Apprenticeship Standards of the Department
of Industrial Relations, organizations that operate training
programs, apprenticeship programs, and early education and care
employers. The certified provider organization shall carry out the
recommendations of the partnership.

(b) The partnership shall meet 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.

(c) The partnership shall play a coordinating role in ensuring
that the training offered to providers meets the state’s needs for
the overall child care workforce; satisfies the health, safety, and
educational standards prescribed by the state; aligns with the state’s
quality rating systems; and identifies and works to eliminate
barriers to providers accessing training in order to create a
sustainable career pathway for the early education workforce.

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

(e) It is the intent of the Legislature that the recommendations
of the partnership shall be funded by contributions agreed to for
that purpose in the memorandum of understanding between the
provider organization and the Governor, through the Department
of Human Resources, as specified in Section 8435.5.

end delete

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CORRECTIONS:

Text--Pages 7 and 11.

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