BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2592|
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                                 THIRD READING


          Bill No:  AB 2592
          Author:   Buchanan (D), et al
          Amended:  8/4/10 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  5-2, 6/23/10
          AYES:  Romero, Alquist, Liu, Price, Simitian
          NOES:  Huff, Emmerson
          NO VOTE RECORDED:  Hancock, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  7-4, 8/12/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES:  Ashburn, Emmerson, Walters, Wyland

           ASSEMBLY FLOOR  :  50-27, 6/3/10 - See last page for vote


           SUBJECT  :    Early Learning Quality Improvement Rating Scale  
          Pilot 
                      Program

           SOURCE  :     Preschool California 


           DIGEST  :    This bill requires the California Department of  
          Education to implement an early learning quality rating  
          scale, including a pilot program, that measures the quality  
          of early child care and education providers and facilities  
          until June 30, 2017.

           ANALYSIS  :    SB 1629 (Steinberg), Chapter 207, Statutes of  
          2008, established the Early Learning Quality Improvement  
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          System Advisory Committee (advisory committee), comprised  
          of 13 members, for the purpose of developing the policy and  
          implementation plan for an Early Learning Quality  
          Improvement System (quality rating scale).  The advisory  
          committee was required to submit an interim report in 2009,  
          and is required to submit a final report by December 31,  
          2010.

          The advisory committee held a number of meetings in  
          different locations throughout the state in 2009 and issued  
          a preliminary report in January of 2010.  The advisory  
          committee focused its work mainly on two of the four  
          elements of quality required to be considered 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 from other states include standards, accountability  
          measures, program and practitioner outreach and support,  
          financing incentives, and parent/consumer education.   
          According to the repot, some of the lessons learned from  
          other states' experience 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 of the rating system.

          3.Use environment rating scales as a core element of the  
            quality rating system, although they can be expensive to  
            administer.

          4.Determine who should conduct the quality ratings,  
            recognizing that this is a key decision.

          5.Accompany ratings with financial incentives and technical  
            assistance, given that participation in most quality  
            rating systems is voluntary, and that providers are  
            taking some risk to be rated.

          The advisory committee has approved a preliminary general  
          design of a quality rating system featuring a non-weighted  
          block system.  Six quality elements - family involvement,  
          ratios and group size, environment rating scales, staff  







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          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 builds upon those in previous blocks.  
           

          The interim report stresses that what has been developed is  
          not final.  The advisory committee is scheduled to complete  
          a design structure of the quality rating system in 2010.

          On November 16, 2009, Governor Schwarzenegger issued  
          Executive Order S-23-09, which established the California  
          State Council on Early Childhood Education and Care for the  
          purpose of submitting an application for American Recover  
          and Reinvestment Head Start funding by August 1, 2010.   
          This executive order cites the requirement that states have  
          an advisory council pursuant to the federal Improving Head  
          Start for School Readiness Act of 2007.  This advisory  
          council is comprised of the Early Learning Quality  
          Improvement System Advisory Committee members plus five  
          additional representatives.

          This bill requires the California Department of Education  
          (CDE) to implement an early learning quality rating scale,  
          including a pilot program, until June 30, 2017.   
          Specifically, this bill:

          1.Requires the CDE to implement a quality rating scale  
            based on the final recommendations developed by the Early  
            Learning Quality Improvement System Advisory Committee  
            that reflects the cultural and linguistic diversity of  
            California's young children.

          2.Requires the quality rating scale to be implemented on a  
            pilot basis, with the sunset date of June 30, 2017.

          3.Authorizes the quality rating scale to do any or all of  
            the following:

             A.    Measure the quality of services of an early care  
                and education provider.  Measurements may include,  
                but are not limited to, the following characteristics  
                of the children and families:







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                (1)      Socioeconomic demographics.
                (2)      Ethnic, linguistic, and cultural  
                   demographics.
                (3)      The providers' demonstrated ability to  
                   address the learning needs of English learners and  
                   children with disabilities.

             B.    Measure elements of quality in an early care and  
                education program and facility that include, but are  
                not limited to, the following:

                (1)      Quality of the learning environment.
                (2)      Quality of adult-child interactions.
                (3)      Adult-to-child ratios.
                (4)      Provider's education, experience, and  
                   professional qualifications, including those  
                   recognized by the Commission on Teacher  
                   Credentialing.
                (5)      Parent and family involvement.

             C.    The elements of quality will be used to measure  
                and assess various early care and education providers  
                and programs and to determine childrens' outcomes.

             D.    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.

          4.Requires the CDE to develop criteria for the selection of  
            an early care and education providers and facilities to  
            participate in the pilot program.  Requires the CDE to  
            ensure that the providers and facilities selected are  
            geographically diverse and provide services to low income  
            children, children with special needs, and English  
            learners.

          5.Requires the California State Advisory Council on Early  
            Childhood Education and Care (advisor council) to do all  
            of the following:

             A.    Conduct an annual review of the pilot program and  
                provide ongoing recommendations for the improvement  
                of the quality rating scale.







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             B.    Develop criteria to be used to evaluate the pilot  
                program.

             C.    Select an evaluator to conduct an evaluation of  
                the pilot program established pursuant to this bill.

             D.    Submit the evaluation to the appropriate policy  
                committees of the Legislature on or before January 1,  
                2016.

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

          7.Prohibits this bill from being implemented unless federal  
            early care and education funds are provided for the  
            purposes of this bill.

          9.Sunsets the provisions of this bill on June 30, 2017,  
            and, as of January 1, 2018, is repealed, unless a later  
            enacted statute, that becomes operative on or before  
            January 1, 2018, deletes or extends the dates on which it  
            becomes inoperative and is repealed.

           Comments
           
          License-exempt child care providers must be fingerprinted  
          and meet background check requirements, but are not  
          required to meet education or training requirements,  
          staffing ratios, and are not monitored or overseen by the  
          state.  This bill does not include license-exempt child  
          care providers in the quality rating scale.

          California has a system of reimbursement rates that does  
          not always incentivize providers to improve program quality  
          (e.g., child care programs in high-cost counties that meet  
          only basic health and safety requirements can earn higher  
          reimbursement rates than child care and development  
          programs that meet higher standards).  In addition, child  
          care providers need education and training in order to  
          improve the quality of programs.  These issues are  
          longstanding but remain unresolved.








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

                          Fiscal Impact (in thousands)

           Major Provisions             2010-11             2011-12          
              2012-13             Fund

           Quality rating scale       Likely in the millions, pending  
          the final         Federal
          pilot                               evaluation of the  
          advisory committee

           SUPPORT  :   (Verified  8/16/10)

          Preschool California (source)
          Advancement Project
          Association of California School Administrators
          AT&T
          Bay Area Council
          Berliner Cohen - Attorneys at Law
          Business-Education Alliance of Merced County
          California Business for Education Excellence
          California Child Development Administrators Association
          California Community Foundation
          California Federation of Teachers
          California Head Start Association
          California Kindergarten Association
          California State Parent Teacher Association
          Children Now
          County of Los Angeles
          D&D Associates Management Consultants
          Delhi Unified School District
          Family Resource Council
          Fight Crime:  Invest in Kids
          First Five California
          Fresno County Office of Education
          Leap/Carpenter/Kemps Insurance Agency
          Livingston Union School District
          Los Angeles Area Chamber of Commerce
          Los Angeles Preschool Advocacy Initiative
          Memorial Hospital Los Banos
          Merced City School District Preschool Program
          Merced County Board of Supervisors







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          Merced County Department of Workforce Investment
          Merced County District Attorney
          Merced County Economic Development Corporation
          Merced County Office of Education
          Options - A Child Care and Human Services Agency
          Orange County Department of Education
          Policy Roundtable for Child Care
          Sacramento County Office of Education
          Santa Clara County Office of Education
          San Diego Regional Economic Development Corporation
          San Diego County Office of Education
          San Mateo County Office of Education
          Silicon Valley Leadership Group
          United Way of Merced County
          University of California, Merced
          Worldcolor 

           OPPOSITION  :    (Verified  8/16/10)

          Child Care Providers United

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "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.  This competitive grant proposal 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 complete  
          for the ELCF, which could mean from $100 million to $200  
          million a year for California to implement in QRS."

           ARGUMENTS IN OPPOSITION  :    Child Care Providers United is  
          opposed to this bill because they believe that there are  
          many significant issues that still need to be addressed.   
          They believe that this bill is premature since the final  
          ELQIS report is due to the Legislature on December 31 of  
          this year, and, if this bill were to become law, it would  
          not have the benefit of the final recommendations in the  
          report.  
           







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           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Bass, Beall, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Galgiani, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,  
            Nava, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Yamada, John A. Perez
          NOES:  Adams, Anderson, Bill Berryhill, Blakeslee, Conway,  
            Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,  
            Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,  
            Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva,  
            Smyth, Tran, Villines
          NO VOTE RECORDED:  Tom Berryhill, Audra Strickland, Vacancy


          CPM:cm  8/17/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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