BILL ANALYSIS
AB 529
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 529 (Mullin)
As Amended July 23, 2003
Majority vote
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|ASSEMBLY: |74-0 |(May 8, 2003) |SENATE: |31-3 |(August 25, |
| | | | | |2003) |
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Original Committee Reference: HUM. S.
SUMMARY : Allows one child enrolled in kindergarten to be
treated the same as a child aged six or older for purposes of
adding to the limit on the number of children who can be cared
for by family day care homes.
The Senate amendments reduce from two to one the number of
kindergarteners who may be counted along with six-year-olds
toward the limit of eight or 14 children to be cared for by
family day care homes.
EXISTING LAW :
1)Provides for the licensure of family day care homes, and
limits the number of children for whom family day care
providers can provide care.
2)Limits to six the number of children for whom small family day
care homes can provide care, and to 12 the number of children
for whom large family day care homes can provide care.
3)Allows two additional children beyond the limit of six or 12
children to be cared for by family day care homes if at least
two children are aged six or older.
4)Limits to two the number of infants which can be cared for by
small family day care providers, and to three the number of
infants which can be cared for by large family day care
providers.
AS PASSED BY THE ASSEMBLY , this bill allowed kindergartners
under age six to be treated as six year olds for the purpose of
allowing family day care homes to care for an additional two
children beyond the otherwise applicable limit of six (for small
AB 529
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family day care homes) or 12 (for large family day care homes).
FISCAL EFFECT : None
COMMENTS : The author states in support, "There is a critical
shortage of child care for school-age children in California."
This bill purports to address the shortage by adding to the
number of children for whom family day care homes can provide
care. It will allow these providers to care for an additional
child who is in kindergarten but not yet six years old, which,
combined with a six year old, increases the total allowable to
eight for small family day care homes and 14 for large family
day care homes.
Kindergartners under age six are treated for purposes of the
numerical limitation as if they required full-time care, even
though they may demand less time and attention. However, these
kindergartners may on average spend less time in school than
first graders, and the issue here is whether their situation is
more comparable to six-year old school age children than it is
to preschool children who require full-day care. Some children
enter kindergarten at four years, nine months.
The author contends that "[i]n-home day care providers cannot
afford to serve part-day kindergarten age children under the
current statutory scheme until the child turns six because he or
she would be counted towards the maximum number of children that
a licensed home can serve." Since kindergartners are included
in the maximum of six or twelve which can normally be served, a
provider who cares for them may receive less compensation than
if she served children for whom full-time rates are charged. To
avoid this, some providers charge full-time rates for
kindergartners even though they require less than full-time
care. The Senate amendments, however, would prohibit this
practice.
The author also notes that many kindergartners turn six while
they are in kindergarten, at which time they could be counted
toward an additional slot even though there is no difference in
the time required to care for them.
The Child Care Law Center (CCLC) argues that "it is very
important to keep licensing requirements that protect children
and promote quality by requiring a reasonable provider-child
ratio. ? Six year old children have a higher level of maturity
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and spend many more hours in school each day than kindergarten
children. Since state law allows one provider to care for a
total of eight children, "it is important to make certain that
at least two of those children have the level of independence
found in children six years or older."
The California Child Care Resource and Referral Network asserts
that "this bill will compromise the quality of child care
services in family child care while not truly addressing the
existing barriers that make the provision of child care for this
age group so challenging."
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
FN: 0002621