BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 548|
|Office of Senate Floor Analyses | |
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VETO
Bill No: SB 548
Author: De León (D), et al.
Amended: 9/11/15
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE EDUCATION COMMITTEE: 7-1, 9/11/15 (Pursuant to Senate
Rule 29.10)
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
NOES: Vidak
NO VOTE RECORDED: Runner
SENATE FLOOR: 26-14, 9/11/15
AYES: Allen, Beall, Block, De León, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara,
Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan,
Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,
Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak
ASSEMBLY FLOOR: 50-26, 9/11/15 - See last page for vote
SUBJECT: Child care: family child care providers:
orientation training
SOURCE: Author
DIGEST: This bill requires the California Department of
Education (CDE) to ensure that all family child care providers
attend in-person orientation training, as specified and requires
the CDE and California Department of Social Services (DSS) to
make information regarding family child care providers available
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Page 2
to provider organizations, as specified.
ANALYSIS:
1)Establishes the Child Care and Development Services Act to
provide child care and development services as part of a
coordinated, comprehensive, and cost-effective system serving
children from birth to 13 years old and their parents
including a full range of supervision, health, and other
support services through full- and part-time programs.
(Education Code § 8200, et seq.)
2)Establishes the California Child Day Care Facilities Act
provides for the licensure and regulation of family day care
homes by the DSS and encourages the development of licensing
staff with knowledge and understanding of children and child
care needs. (Health and Safety Code § 1596.73)
This bill establishes the Raising Child Care Quality Act for the
purpose of ensuring that family child care providers receive
orientation training on specified subjects, inform family child
care providers about training opportunities, and increase the
possibility that family child care providers form and join
provider organizations to share concerns and advocate for
improvements to the system of state-funded child care.
Specifically it:
1)Requires CDE to ensure all family child care providers attend
in-person orientation training and establishes deadlines by
which providers must complete such training. Specifically it:
a) Requires a provider who is newly participating in
a state-funded child care program to complete orientation
training within three months of participation.
b) Requires a provider already participating in a
state-funded child care to complete orientation training
within two years after the training is first offered.
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c) Authorizes other child care providers not subject
to these requirements to be invited to attend training at
no cost to the provider, as specified.
2)Requires family child care providers to be compensated for time
spent attending orientation training.
3)Requires orientation training to be:
a) Offered at times and in settings convenient and
access to family child care providers.
b) Made available in languages other than English,
as specified, if specified criteria are met.
c) Offered in an alternative manner on a case by
case basis to providers who are unable to comply with the
training requirements.
4)Requires the orientation training to:
a) Consist of at least four-hours of instruction
(beyond that already provided by existing training offered
by resources and referral programs for the purpose of
meeting specified federal law requirements).
b) Include all of the following:
i) Information on the minimum health and safety
standards including emergency preparedness and response
planning.
ii) Information on occupational health and safety
for family child care providers, as specified.
iii) Information about state-funded child care
including, referral and listing process of resource and
referral agencies, alternative payment programs, as
specified, and the process for becoming a licensed family
child care provider.
iv) Information about the state's early learning
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foundations and the way in which they align with K-5
standards.
v) Information on resources available to providers
and the children and families they serve including:
i) The federal Child and Adult
Care Food Program.
ii) The state early intervention
system, First 5 county commissions and other
resources, as specified.
iii) Information from provider
organizations that meet specified criteria, to be
delivered as specified.
5)Requires California Department of Education (CDE) to offer the
orientation training either directly or through contracts and
specifically requires that the portion of training covering
occupational health and safety be offered through contracts
with a statewide organization that meets specified criteria.
6)Limits the curriculum to be used for orientation training to only
that approved by CDE and requires that occupational health and
safety training only be approved by CDE if it has been
developed with input from family child care providers or their
representatives.
7)Authorizes the Superintendent of Public Instruction to adopt
rules and regulations regarding the orientation trainings
required by this bill, as specified.
8)Makes the training provisions of the bill contingent upon
appropriation of funds in the annual Budget Act, or other
statutes, for this purpose.
9)Establishes deadlines and conditions for collection of data for
purposes of compiling a list of child care providers and
declares Legislative intent that the specified list will
assist the California Department of Social Services (DSS) and
CDE and their contractors in tracking provider compliance.
Specifically it:
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a) Requires the DSS to make available each family
child care provider's name, home address, mailing address,
telephone number, email address, if known, and license
number within 10 days of receipt of a request from a
provider organization.
b) Requires the CDE, with assistance from DSS and
other entities, as specified, to collect information
regarding family child care providers, as specified, within
30 days of receipt of a request from a provider
organization.
c) Requires, to the extent the state is not already
collecting or required by federal or state law to collect
the information, that the provider organization bear the
costs of collecting information described and that any
payment go to reimburse the affected entity for costs
incurred to compile the list.
d) Permits provider organizations to have access to
such information within the limits of existing
confidentiality requirements, as specified.
10)Requires CDE and DSS, upon the written request of family child
care providers, to remove the provider's home address and
telephone number for mailing lists, as specified, before
releasing those lists.
11)Defines all of the following for purposes of this article:
a) "Family child care provider" means a child care
provider that participates in a state-funded child care
program and is either:
i) A family day care home provider, as specified;
or
ii) An individual who is exempt from licensing
requirements, as specified, and who provides child care
in his or her own home or in the home of the child
receiving care.
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b) "Provider organization" means an organization
that has all of the following characteristics:
i) Includes family child care providers as
members;
ii) Has the representation of family child care
providers or advancing the concerns of providers, as
specified, as one of its main purposes; and
iii) Does not contract with the state or a county to
administer or process payments for a state funded child
care program.
c) "State Funded Child Care program" means a program
administered by the California Department of Education
(CDE), the Department of Social Services (DSS), or other
specified entities, to subsidize early learning and care
for children. The public education system is excluded from
this definition.
12)Makes a number of related declarations and findings.
Comments
1)Need for the bill. The author notes that the federal Child Care
and Development Block Grant Act of 2014 mandates that states
meet specified health and safety training requirements related
to child care providers who serve children receiving federal
assistance. In addition, the author contends that the lack of
orientation and training, coupled with the lack of opportunity
for child care workers to share common concerns and advocate
for improvements, results in a subsidized child care system
that is not as stable or reliable as necessary to support
working families.
This bill seeks to ensure that family child care providers are
better informed about the state's subsidized child care
system, occupational health and safety practices and related
resources by requiring in-person orientation training and the
creation of a statewide list of family child-care providers.
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2)Dual objectives. While existing training programs are available,
this bill would require additional training of all licensed
and license-exempt family child care providers and require
that the training include health and safety practices and
standards for family child care providers. Additionally, the
training would be required to include information about
provider organizations, in an attempt to inform family child
care providers how to form and join them.
3)Provider lists. Currently, Alternative Payment Providers maintain
lists of family child care providers by county, but no
statewide list of family child care providers exists. This
bill would require California Department of Education (CDE) to
collect the identifying information necessary to develop a
centralized list of all family child care providers statewide.
If a provider organization requests information from CDE that
is not already collected or required to be collected by state
or federal law, the provider organization would be responsible
for the costs of collecting the additional information.
4)Fiscal impact. This bill makes funding for orientation training
contingent upon an appropriation for this purpose. According
to CDE, providing training to all family care providers will
cost approximately $12.7 million and require additional staff.
Notwithstanding the bill requirements that costs for
collection of data be reimbursed, CDE estimates additional
one-time and on-going staffing costs to maintain a list of
family child care providers.
It is unclear whether funding for this bill would compete with
funding allocated for subsidized child care slots in the
annual Budget Act or impact other state allocations for child
care programs.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
Unknown with latest amendments.
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SUPPORT: (Verified10/29/15)
Services Employees International Union, California
UDW/AFSCME Local 3930
OPPOSITION: (Verified10/29/15)
California Alternative Payment Program
GOVERNOR'S VETO MESSAGE:
Senate Bill 548 establishes training requirements for both
licensed and license-exempt family child care providers and
requires both the Department of Social Services and the
Department of Education to collect and deliver providers'
personal information to provider organizations, upon their
request.
I am returning SB 548 without my signature, because the
bill prematurely anticipates what will be necessary to
comply with the new federal Child Care and Development
Block Grant Act of 2014.
California will need to be in compliance with an abundance
of new requirements, not all of which are clear at this
juncture. The Department of Education is currently working
with stakeholders to update our state's plan, to be
submitted by March 1, 2016, after further federal guidance
is issued. Public input will be sought prior to the
finalization of the plan.
As part of that work, I will direct the State Advisory
Council on Early Learning and Care to work with the
department and review how the state can best position
itself to meet those requirements efficiently and
effectively, including the delivery of any training.
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ASSEMBLY FLOOR: 50-26, 9/11/15
AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,
Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Ting,
Weber, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper,
Jones, Kim, Lackey, Maienschein, Mathis, Melendez, Obernolte,
Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Linder, Mayes, Thurmond, Williams
Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105
11/4/15 14:01:21
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