BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 379|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 379
          Author:   Mullin (D)
          Amended:  7/19/04 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  11-0, 6/9/04
          AYES:  Vasconcellos, McPherson, Alarcon, Alpert, Chesbro,  
            Denham, Karnette, Romero, Scott, Speier, Vincent
          NO VOTE RECORDED:  Sher, Vacancy

           SENATE HEALTH & HUMAN SERV. COMMITTEE  :  9-2, 6/23/04
          AYES:  Ortiz, Alarcon, Chesbro, Escutia, Figueroa, Florez,  
            Kuehl, Romero, Vincent
          NOES:  Aanestad, Ashburn
          NO VOTE RECORDED:  Battin, Vasconcellos

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  65-13, 1/26/04 - See last page for vote


           SUBJECT  :    Family child care home education networks

           SOURCE  :     Author


           DIGEST  :    This bill establishes family child care home  
          education networks, within the Child Care and Development  
          Services Act, to support educational objectives for  
          children in licensed family child care homes.

           ANALYSIS  :    Existing law:

                                                           CONTINUED





                                                                AB 379
                                                                Page  
          2

          1. Establishes a classification of community care facility  
             called family day care home, licensed for up to six  
             children or, with a second adult present, up to 12  
             children.  This bill refers to family day care homes as  
             family child care homes.

          2. Defines "child care and development programs" as  
             programs that offer a full range of services for  
             children from infancy to 14 years of age for any part of  
             the day, in centers or family child care homes.

          3. Requires the Superintendent of Public Instruction (SPI)  
             to fund and to develop standards of quality for these  
             programs.

          4. Allows the State Department of Education (SDE) to  
             contract with networks of family child care homes.

          This bill:

          1. Expresses the intent of the Legislature to clarify and  
             codify state law governing current contracts with  
             networks of family child care homes.

          2. Establishes a new program, within the Child Care and  
             Development Services Act, called family child care home  
             education networks.

          3. Defines a network as an entity that contracts with SDE  
             to make payments to licensed family child care home  
             providers, and to provide educational and support  
             services to those providers and to children and families  
             eligible for state-subsidized child care and development  
             services.  

          4. Requires the SPI to contract with networks that support  
             educational objectives for children in licensed family  
             day care homes that serve families eligible for  
             subsidized child care, when funds are appropriated for  
             this purpose.

          5. Requires network programs to include at least the  
             following:








                                                                AB 379
                                                                Page  
          3

             A.   Age and developmentally appropriate activities for  
               children.

             B.   Care and supervision of children.

             C.   Parenting education and parental involvement.

             D.   Social services, including the identification of  
               child and family needs and referral to appropriate  
               agencies.

             E.   Health services including referrals.

             F.   Nutrition.

             G.   Training and support for network providers and  
               staff.

             H.   Assessment of each provider to ensure that services  
               are of high quality and educationally and  
               developmentally appropriate.

             I.   Developmental profiles of children.

          1. Requires network contractors to:

             A.   Recruit, enroll, and certify eligible families.

             B.   Recruit, train, support, and reimburse licensed  
               family home providers.

             C.   Collect family fees.

             D.   Assess the educational quality of each  
               participating home, pursuant to requirements to be  
               established by the SDE.

             E.   Monitor requirements and conduct periodic  
               assessments.

             F.   Ensure that basic health and nutrition requirements  
               are met.

             G.   Provide data and reporting in accordance with  







                                                                AB 379
                                                                Page  
          4

               contract requirements.

             H.   Establish a written policy that describes the  
               relationship between the Network and each provider  
               including the establishment of rates and the  
               conditions that determine whether the provider is an  
               independent contractor or is an employee of the  
               Network.

          1. States that the act does not impose any new requirement  
             on a network that entered into an agreement with the SDE  
             on or before January 1, 2005, and does not require any  
             increases in reimbursement rates under that contract.   
             Also states that the act does not require the SDE to  
             modify its contracting procedure that was in effect  
             prior to January 1, 2005.

          2. Double joints the bill to SB 1657 (Scott).

           Comments  

          Family child care home education networks are not currently  
          defined in state law.  SDE has contracted with networks for  
          over 30 years to recruit licensed family home providers to  
          provide care, place children with providers, ensure  
          children receive an appropriate education program, provide  
          training for both parents and providers, collect family  
          fees, and collect invoices from providers, among other  
          responsibilities.  In 2001-02 more than 5,000 children were  
          served by 32 network contracts.

           The author's purpose  .  During the past 30 years, SDE has  
          contracted with family child care networks under the  
          general rubric of child care and development programs.  The  
          author believes that codifying existing practice and  
          defining the purpose, responsibilities, and outcome  
          measures for family child care networks is in order.

           Family child care networks  .  Under current provisions of  
          the Education Code, SDE contracts with family child care  
          networks - including requiring appropriate activities for  
          children, parenting education and involvement, social and  
          health services, nutrition, and training and career ladder  
          opportunities.  The contract includes a maximum amount of  







                                                                AB 379
                                                                Page  
          5

          funds and a daily per-child rate for child care and  
          development services.  The network provides administration  
          of the contract - recruiting licensed family child care  
          providers, certifying the eligibility of children,  
          enrolling children, and ensuring that all required services  
          are provided to the children and families who are enrolled  
          in subsidized care.  These contracts are authorized through  
          Article 8, General Child Care, of the Child Care and  
          Development Services Act.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  7/22/04)

          California Child Care Resource and Referral Network
          California Child Development Administrators Associates
          California State PTA
          Consumers Union
          Health Access California


           ASSEMBLY FLOOR  :
          AYES:  Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,  
            Calderon, Canciamilla, Chan, Chavez, Chu, Cohn, Corbett,  
            Correa, Daucher, Diaz, Dutra, Dymally, Firebaugh,  
            Frommer, Garcia, Goldberg, Hancock, Harman, Jerome  
            Horton, Shirley Horton, Jackson, Keene, Koretz, Laird,  
            Leno, Levine, Lieber, Liu, Longville, Lowenthal, Maddox,  
            Maldonado, Matthews, McCarthy, Montanez, Mullin,  
            Nakanishi, Nakano, Negrete McLeod, Nunez, Oropeza, Parra,  
            Pavley, Plescia, Reyes, Richman, Ridley-Thomas, Runner,  
            Salinas, Samuelian, Simitian, Spitzer, Steinberg, Vargas,  
            Wiggins, Wolk, Wyland, Yee, Wesson
          NOES:  Campbell, Cogdill, Cox, Dutton, Haynes, Houston, La  
            Malfa, La Suer, Leslie, Maze, Mountjoy, Pacheco,  
            Strickland
          NO VOTE RECORDED:  Kehoe, Nation


          NC:sl  8/5/04   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE








                                                                AB 379
                                                                Page  
          6

                                ****  END  ****