BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           379 (Huff)
          
          Hearing Date:  05/28/2009           Amended: As Introduced
          Consultant:  Dan Troy           Policy Vote: Human Svcs. 4-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   This bill would define "heritage schools" in the  
          Health and Safety Code and establish requirements for them in  
          lieu of child care licensing requirements.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Compliance review      $200 to $500                     General

          Periodic monitoring               $100        $100      General
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.  AS PROPOSED TO BE AMENDED.

          Current law establishes certain health and safety licensing  
          standards for the operation of child care centers.  These  
          licensing standards are enforced by the Department of Social  
          Services (DSS), typically through a site review conducted once  
          every five years.  

          This bill would define "heritage schools" as schools that:

                 Serve children who are school aged.
                 Specify hours of operation.
                 Offer education or tutoring in a language other than  
               English.
                 Offer culturally enriching activities. 
                 Maintain membership in an association that upholds  
               specified health and safety standards such as staff health  
               screening reporting, criminal records clearance, an  
               emergency disaster plan, and other requirements.
                 Do not operate out of a residence.
                 Maintain an adult to child ratio of 1:14 and a tutor to  
               child ratio of 1:28.
                 Meet other miscellaneous requirements.











          Essentially, these are schools or centers that offer activities  
          and education intended to maintain the heritage of a particular  
          culture, such as instruction in language, dance, and other  
          traditions.  

          The bill would exempt the heritage schools from child care  
          facility licensing requirements - and the associated  
          applications, fees, and inspections - provided that the school  
          meets specified health and safety standards and maintains  
          membership in an association that upholds those standards.  

          While the bill would eliminate licensure requirements for  
          heritage schools, DSS would still need to ensure that the  
          centers are meeting the requirements established in the bill.  
          Page 2
          SB 379 (Huff) 

          DSS estimates that there may be as many as 3,000 of these  
          schools operating in the state, though the number is uncertain  
          given that these schools are not currently licensed or  
          monitored.  Conducting a preliminary compliance review of  
          heritage schools would likely cost in the range of $200,000 to  
          $500,000.  Assuming that schools would need to be periodically  
          visited to ensure they were meeting the standards specified by  
          the bill would likely have ongoing costs of approximately  
          $100,000.  

          Similar legislation (AB 1888, Huff, 2008) was held under  
          submission by the Assembly Appropriations Committee last year. 

          Author's amendments would require heritage schools only to  
          submit an affidavit to the Department of Education.