Amended in Senate March 28, 2016

Senate Bill No. 1420

Introduced by Senator Mendoza

February 19, 2016

begin delete An act to amend Section 35179 of the Education Code, relating to interscholastic athletics. end delete begin insert 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. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1420, as amended, Mendoza. begin delete Interscholastic athletics. end delete begin insert Child care and development: occupational health and safety training. end insert

begin insert

Existing federal law, the Child Care and Development Block Grant Act of 1990, which is administered by the State Department of Education in California, requires that a state plan include requirements that specified child care providers receive minimum health and safety training relating to, among other things, the prevention and control of infectious diseases and the handling and storage of hazardous materials in order to receiving funding for child care.

end insert begin insert

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities 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.

end insert begin insert

This bill would, effective July 1, 2017, require a caregiver, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. The bill would require the State Department of Education, in consultation with the State Department of Public Health and child care caregivers, to develop the curriculum for the training, which is required to include, among other things, a discussion of specified risks, including chemical and biological hazards. The bill would also require the department to contract with an entity to provide the occupational health and safety training and to compensate a caregiver for his or her time for attending the training.

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Existing law provides that each school district governing board has general control of, and responsibility for, all aspects of the interscholastic athletic policies, programs, and activities in its district, as specified. Existing law authorizes school district governing boards to enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs, as specified. Existing law prohibits voluntary interscholastic athletic associations from discriminating against, or denying the benefits of any program to, any person on the basis of specified personal characteristics. Existing law also prohibits voluntary interscholastic athletic associations from denying a school from participation in interscholastic athletic activities because of the religious tenets of the school.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) Improving occupational health and safety in all lines of work
is a priority for the State of California, and that focus should extend
to child care caregivers.

end insert begin insert

(b) Child care caregivers are at risk for occupational health
and safety risks on the job, including from toxic chemicals, illness,
stress, and physical hazards such as lifting and bending. According
to the Bureau of Labor Statistics, child care workers have
musculoskeletal injury rates comparable to those of industrial
truck and tractor operators and construction equipment operators.

end insert begin insert

(c) The federal Child Care and Development Block Grant Act
of 1990 (CCDBG) (42 U.S.C. Sec. 9857 et. seq) was reauthorized
in 2014 (Public Law 113-186). The changes to the CCDBG include
a requirement that caregivers complete preservice or orientation
training on topics including infectious disease prevention and
control, building and physical premises safety, emergency
preparedness and disaster response, and handling/storage of
hazardous materials and disposal of biocontaminants. Requiring
caregivers to complete occupational health and safety training
will satisfy several of the new CCDBG health and safety
requirements and will also help caregivers with child development
permits satisfy the 105 hours of professional growth activities
necessary to renew their permits. The training will also improve
health and safety for caregivers and the children in their care, and
will therefore benefit the families of the children served and the
economy of the state.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

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

begin insert

 

Article begin insert 19.5. end insert   Child Care Caregiver Occupational Health and
Safety Training Act

 

begin insert 8430. end insert   

This article may be known and cited as the Child Care
Caregiver Occupational Health and Safety Training Act.

begin insert 8431. end insert   

As used in this article, the following terms have the
following meanings:

(a) “Caregivers” means licensed caregivers and license-exempt
caregivers.

(b) “Department” means the State Department of Education.

(c) “Licensed caregiver” means a person who works directly
with children and is a child care provider, an administrator, or
an employee of a licensed child day care facility.

(d) “License-exempt caregiver” means a person who works
directly with children under a publicly funded child care program,
and is a child care provider who is exempt from licensing
requirements pursuant to Section 1596.792 of the Health and Safety
Code, or the employee of such a child care provider, but excludes
caregivers who are the relatives of the children they care for.

(e) “Publicly 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, but not limited to, child
care voucher programs, the California State Preschool Program,
child care center contracts and 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 insert 8432. end insert   

(a) A caregiver shall attend a one-time, two-hour
training on occupational health and safety risks specific to the
child care profession, and on how to identify and avoid those risks.

(b) A caregiver shall be required to complete this training within
two years of when the training is first offered pursuant to this act,
or within three months of the caregiver beginning to care for
children in a licensed child day care facility, whichever occurs
later.

(c) The training shall include all of the following:

(1) A discussion of all of the following risks and how the risks
can be identified and minimized in a child care setting:

(A) Chemical and biological hazards.

(B) Infectious disease.

(C) Physical hazards and stress.

(2) Small-group and large-group discussion.

(3) An opportunity for a caregiver to learn from current child
care professionals.

(4) Presentations by associations or organizations of child care
caregivers about their professional development offerings for
caregivers, upon approval by the department.

(5) An opportunity for a caregiver to give feedback on the
training he or she has received.

(d) The State Department of Education shall, in consultation
with the State Department of Public Health and child care
caregivers, develop the curriculum for the training.

(e) The department shall compensate a caregiver for his or her
time for attending the training established in this article.

(f) The department shall contract with an entity to provide the
occupational health and safety training required in this article
throughout the state. Based on a competitive process, the
department shall select an entity that meets all of the following
requirements:

(1) Has experience providing occupational health and safety
trainings, as described in this article, to caregivers.

(2) Trains caregivers to give the training required by this article
to other caregivers.

(3) Will provide periodic updates on health and safety matters
to caregivers who have completed the training.

(g) The department shall, on a monthly basis, provide lists of
the caregivers who have attended the training and of those who
are required to attend the training, but have not yet attended, and
their contact information, to the entity selected to provide the
training, to enable the entity to provide periodic updates to affected
caregivers on health and safety issues and other educational
information.

(h) The department and the entity it selects to provide the
training shall comply with the Dymally-Alatorre Bilingual Services
Act (Chapter 17.5 (commencing with Section 7290) of Division 7
of Title 1 of the Government Code), which includes, among
alternative communication options, providing the same type of
training materials in any non-English language spoken by a
substantial number of members of the public whom the department
serves.

begin insert 8433. end insert   

 This article shall take effect July 1, 2017.

end insert

begin delete

SECTION 1.  

Section 35179 of the Education Code is amended
to read:

35179.  

(a) Each school district governing board shall have
general control of, and be responsible for, all aspects of the
interscholastic athletic policies, programs, and activities in its
district, including, but not necessarily limited to, eligibility, season
of sport, number of sports, personnel, and sports facilities. In
addition, the school district governing board shall ensure that all
interscholastic policies, programs, and activities in its district are
in compliance with state and federal law.

(b) School district governing boards may enter into associations
or consortia with other school district governing boards for the
purpose of governing regional or statewide interscholastic athletic
programs by permitting the public schools under their jurisdictions
to enter into a voluntary association with other schools for the
purpose of enacting and enforcing rules relating to eligibility for,
and participation in, interscholastic athletic programs among and
between schools.

(c) Each school district governing board, or its designee, shall
represent the individual schools located within its jurisdiction in
any voluntary association of schools formed or maintained pursuant
to this section.

(d) No voluntary interscholastic athletic association, of which
any public school is a member, shall discriminate against, or deny
the benefits of any program to, any person on any basis prohibited
by Chapter 2 (commencing with Section 200) of Part 1 of Division
1 of Title 1.

(e) Notwithstanding any other law, no voluntary interscholastic
athletic association shall deny a school from participating in
interscholastic athletic activities because of the religious tenets of
the school, irrespective of whether that school is directly controlled
by a religious organization.

(f) Interscholastic athletics is defined as those policies, programs,
and activities that are formulated or executed in conjunction with,
or in contemplation of, athletic contests between two or more
schools, either public or private.

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