BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2592
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 2592 (Buchanan) - As Amended:  April 8, 2010
           
          SUBJECT  :   Early Learning Quality Improvement System

           SUMMARY  :   Requires the California Department of Education (CDE)  
          to develop and implement an early learning quality rating scale.  
           Specifically, this bill  :  

          1)Makes declarations and findings that includes the following:

             a)   High-quality early learning programs significantly  
               narrow the achievement gap for low-income children, reduce  
               the high school dropout rate, and produce savings from  
               lower costs in special education, welfare, recidivism or  
               prisons, or both, and crime; and,

             b)   Actions on the state and federal levels to promote and  
               improve quality of early learning settings include the  
               establishment of the Early Learning Quality Improvement  
               System (ELQIS) Advisory Committee and President Barack  
               Obama's proposal to provide $9 billion for the Early  
               Learning Challenge Fund.

          2)Expresses the intent of the Legislature that the development  
            of the ELQIS provide a quality rating scale with program  
            indicators that promote high-quality early care and education  
            and future academic success.

          3)Specifies that for purposes of this bill, "early care and  
            education providers" and "early care and education facilities"  
            mean early care and education providers or facilities that are  
            regulated pursuant to Title 5 or Title 22 of the California  
            Code of Regulations.

          4)Requires the CDE to develop and implement a quality rating  
            scale based on the recommendations submitted by the ELQIS  
            Advisory Committee.  Requires the quality rating scale to do  
            the following:

             a)   Measure the quality of services of an early care and  
               education provider;








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             b)   Measure elements of quality of an early care and  
               education facility that include, but are not limited to,  
               the following:

               i)     Quality of the learning environment;
               ii)    Quality of adult-child interactions;
               iii)   Adult-to-child ratios;
               iv)    Provider's education and professional  
                 qualifications, including those recognized by the  
                 Commission on Teacher Credentialing; and,
               v)     Parent and family involvement.

             c)   Inform parents and other consumers of early care and  
               education services about the quality of a facility in a  
               simple and easy to understand manner.

          5)Requires the State Advisory Council on Early Childhood  
            Education and Care (State Advisory Council) to conduct an  
            annual review of the program and provide ongoing  
            recommendations for the improvement of the quality rating  
            scale.

          6)Requires the CDE to develop and implement any rules and  
            regulations necessary for the implementation of the provisions  
            of this bill.

           EXISTING LAW  :

          1)Establishes the ELQIS Advisory Committee comprised of 13  
            members, including the Superintendent of Public Instruction or  
            his or her designee, the Secretary for Education or his or her  
            designee, the Speaker of the Assembly or his or her designee,  
            the Director of Finance or his or her designee, the Director  
            of Social Services or his or her designee, two representatives  
            appointed by the Governor, the chairperson of the California  
            Children and Families Commission or his or her designee, two  
            representatives from the early care and education community  
            appointed by the Senate Committee on Rules, and a kindergarten  
            teacher and a representative from the early care and education  
            community who has experience with English learners appointed  
            by the Speaker of the Assembly.  (Education Code (EC) 8300)

          2)Requires the ELQIS Advisory Committee to develop the policy  
            and implementation plan for an ELQIS for the state and to  








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            submit an interim report by December 31, 2009 and a final  
            report by December 31, 2010 to the Governor and the  
            Legislature.  Requires the report to address, but need not be  
            limited to, four specified elements of a quality improvement  
            system. (EC 8301) 

          3)Establishes a system of child care and development services  
            for children up to 13 years of age, specifies certain  
            requirements for the payment by the state for these child care  
            and development services, and establishes reimbursement rates,  
            including requirements for their adjustment and application.  
            (EC 8200 - 8244)  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  This bill requires the CDE to develop and implement a  
          quality rating scale based on the recommendations of the ELQIS  
          Advisory Committee, established by SB 1629 (Steinberg), Chapter  
          307, Statutes of 2008.  The ELQIS Advisory Committee was  
          established to focus attention on how to identify and improve  
          the quality of early learning programs serving kids from birth  
          to five years of age in an effort to improve student outcomes in  
          kindergarten and beyond.  The ELQIS Advisory Committee is  
          charged with developing an implementation plan for an ELQIS and  
          is required to present an interim report to the Governor and  
          Legislature by December 31, 2009 and a final report by December  
          31, 2010.  SB 1629 requires the report to address four elements  
          of a quality improvement system as follows:

          1)An assessment and analysis of existing early care and  
            education infrastructures, including other state and local  
            systems and the identification of effective features of those  
            systems;
          2)The development of an early learning quality rating scale for  
            child care and development programs, including preschool;
          3)The development of a funding model aligned with the quality  
            rating scale; and,
          4)Recommendations on how local, state, federal and private  
            resources can best be utilized to complement a statewide  
            funding model as part of a comprehensive effort to improve the  
            child care and development system of the state.  

          The 13 member ELQIS Advisory Committee held a number of meetings  
          in different locations throughout the state in 2009 and issued a  
          preliminary report in January.  The Advisory Committee focused  








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          its work mainly on the first two required elements and learned  
          about existing local systems as well as features of systems from  
          19 other states.  According to the report, some of the common  
          elements found in the quality rating and improvement systems  
          (QRIS) from other states include standards, accountability  
          measures, program and practitioner outreach and support,  
          financing incentives, and parent/consumer education.  Some of  
          the lessons that can be learned from other states' experiences  
          include:

          1)Conduct a pilot and have the training for the rating  
            infrastructure in place before implementing the quality rating  
            system statewide;
          2)Set clear standards from the outset for the rating system;
          3)Use environment rating scales as a core element of QRIS,  
            although they can be expensive to administer;
          4)Determine who should conduct the quality ratings, recognizing  
            that this is a key decision; and,
          5)Accompany ratings with financial incentives and technical  
            assistance, given that participation in most QRIS systems is  
            voluntary, and that providers are taking some risk to be  
            rated.      

          The ELQIS Advisory Committee has approved a preliminary general  
          design of a quality rating structure featuring a non-weighted  
          block system.  Six quality elements - family involvement, ratios  
          and group size, environment rating scales, staff education and  
          training, teaching and learning, and program leadership - makeup  
          the evaluation components.  According to the report, all the  
          quality criteria in each tier need to be accomplished to obtain  
          that rating, and the criteria included in each tier build on  
          those in previous blocks.  For example, if a program meets Tier  
          1 criteria in the "Family Involvement" scale, it would be scored  
          in the Tier 1 box.  If it meets criteria for Tiers 1 through 5,  
          it would be scored in the Tier 5 box for that scale.


             ------------------------------------------------------------ 
            |                                                            |
            |                    Matrix of Standards                     |
             ------------------------------------------------------------ 
            |------------------------------+-----+-----+-----+-----+-----|
            |       Quality Elements       |Tier |Tier |Tier |Tier |Tier |
            |                              |1    |2    |3    |4    |5    |
            |------------------------------+-----+-----+-----+-----+-----|








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            |Family Involvement            |     |     |     |     |     |
            |------------------------------+-----+-----+-----+-----+-----|
            |Ratios and Group Size         |     |     |     |     |     |
            |  n   Infant:                 |     |     |     |     |     |
            |  n   Toddler:                |     |     |     |     |     |
            |n    Preschool:               |     |     |     |     |     |
            |------------------------------+-----+-----+-----+-----+-----|
            |Environment Rating Scale(s)   |     |     |     |     |     |
            |That focus on Structural      |     |     |     |     |     |
            |Quality and                   |     |     |     |     |     |
            |Teacher/Provider-Child        |     |     |     |     |     |
            |Interaction                   |     |     |     |     |     |
            |------------------------------+-----+-----+-----+-----+-----|
            |Staff Education and Training  |     |     |     |     |     |
            |------------------------------+-----+-----+-----+-----+-----|
            |Teaching and Learning         |     |     |     |     |     |
            |------------------------------+-----+-----+-----+-----+-----|
            |Program Leadership            |     |     |     |     |     |
             ------------------------------------------------------------ 
            The report stresses that what has been developed is not final.   
          During 2010, the ELQIS Advisory Committee will complete the  
          design structure of the QRIS and complete the last two  
          requirements of SB 1629.  

          This bill directs the CDE to develop and implement a quality  
          rating scale.  It is unclear why the CDE is directed to develop  
          a quality rating scale when the ELQIS Advisory Committee is  
          already charged with developing the scale and will have  
          completed its work by the end of this year.  Staff recommends  
          striking the requirement that the CDE develop a quality rating  
          scale.  The bill requires the quality rating scale to measure  
          specified elements of an early care and education facility that  
          are mostly consistent with the draft scales developed by the  
          ELQIS Advisory Committee.  Staff also recommends changing the  
          reference to "facility" to "program".  The term facility  
          connotates a physical space, but the elements are programmatic  
          in nature.  

          This bill further requires the State Advisory Council, comprised  
          of the ELQIS Advisory Committee plus five additional  
          representatives specified in Executive Order S-23-09, to  
          annually review and provide ongoing recommendations for the  
          improvement of the quality rating scale.  The State Advisory  
          Council was established by the Governor in November 2009 as  
          specified in the federal Head Start School Readiness Act of 2007  








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          as the entity to apply for Head Start collaboration grants.

          The author states that this bill is necessary for California to  
          compete for $9 billion from the federal Early Learning Challenge  
          Fund (ELCF) proposed by President Obama as part of the 2011  
          budget.  According to the author, the ELCF is "a competitive  
          grant proposal that challenges states to develop effective,  
          innovative models to raise quality through high standards,  
          incentivizing excellence, and focusing on outcomes.  Draft  
          legislation in Congress (HR 3221, Miller) has identified the  
          Quality Rating Scale (QRS) as the primary vehicle for early  
          learning systems change, and it is likely to be a requirement  
          for states to compete for the ELCF, which could mean from $100  
          million to $200 million a year for California to implement its  
          QRS."  The ELCF was initially incorporated in a student loan  
          measure but has since been removed from the bill.  ELCF  
          supporters are advocating for its inclusion in the  
          reauthorization of the Elementary and Secondary Education Act. 

           Previous related legislation  .  SB 1629 (Steinberg), Chapter 307,  
          Statutes of 2008, established the ELQIS Advisory Committee to  
          develop a quality rating scale that parents can use to identify  
          high quality programs.  The Advisory Committee is required to  
          complete its report and recommendations by December 31, 2010.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Advancement Project
          Bay Area Council
          Business-Education Alliance of Merced County
          California Child Development Administrators Association
          California Federation of Teachers
          California Head Start Association
          California Kindergarten Association
          Children Now
          Delhi Unified School District
          Fight Crime:  Invest in Kids
          Livingston Union School District
          Los Angeles Area Chamber of Commerce
          Memorial Hospital Los Banos
          Options - A Child Care and Human Services Agency
          San Diego Regional Economic Development Corporation
          Santa Clara County Office of Education








                                                                  AB 2592
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          Silicon Valley Leadership Group
          University of California, Merced
          Worldcolor
          Two individuals

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087