BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 309
S
AUTHOR: Liu
B
VERSION: March 21, 2011
HEARING DATE: April 12, 2011
3
FISCAL: Appropriations
0
9
CONSULTANT:
Hailey
SUBJECT
Child day care facilities: youth with disabilities
SUMMARY
Allows child care programs to serve persons with
disabilities to age 21 under certain conditions.
ABSTRACT
Current law
1. Allows pupils to receive special education and related
services to age 21 if they have an individual education
plan (IEP) or an individual transition plan specifying the
need for those services.
2. Provides case management and purchase of services,
through regional centers, for persons who, before their
18th birthday, are diagnosed with any one of several
disabilities: mental retardation, cerebral palsy, epilepsy,
autism, and a neurological impairment with the effect of
mental retardation.
3. Establishes licensure for child day care programs,
including centers for school aged children, and defines
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STAFF ANALYSIS OF SENATE BILL 309 (Liu) Page
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"child" as a person younger than 18 years of age.
This bill
1. Makes various findings and declarations to the effect
that students who have reached their 18th birthday and are
not yet 22, and who receive special education and related
services, should maintain eligibility to be enrolled in a
child day care facility, if otherwise eligible.
2. Redefines "child" for the purposes of eligibility to
services in licensed child day care facilities for school
aged children to include an individual with developmental
disabilities between 18 and 22 years of age who is still
enrolled in school and has an IEP or an individual
transition plan.
3. Adds to the definition of "child day care facility" to
include a facility that provides nonmedical care to an
individual with developmental disabilities between 18 and
22 years of age, who is still enrolled in school and has an
IEP or an individual transition plan.
FISCAL IMPACT
Unknown.
BACKGROUND AND DISCUSSION
The author points to inconsistencies between the Education
Code and the Health and Safety Code as being the nexus for
this bill. Young adults who have not yet completed their
courses of study are eligible for inclusion in special
education program with minors. On the other hand, in the
world of licensed child day care, 18-year-olds are too old.
The problem comes with care provided to school aged youth
who need extended day care services before and after their
special education programs.
The sponsor of the bill, Ability First, has been advised
that its child care license is not valid for young adults,
and a separate license - for adult day programs - is
required for this small segment of their population. In
addition, having separate licenses raises questions about
STAFF ANALYSIS OF SENATE BILL 309 (Liu) Page
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whether the two sets of students can be integrated.
COMMENT AND QUESTIONS
Persons who are 18 years of age and older tend, on average,
to be larger than students who are not yet 18. The
committee may want to ask the author, the bill's sponsor,
and the Department of Social Services to comment on whether
there have been problems experienced among older and
younger participants in programs integrating persons ages
15 to 21 in one community care facility.
POSITIONS
Support: Ability First (sponsor)
American Federation of State, County and
Municipal Employees
8 individuals
Oppose: None received
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