BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 309
Author: Liu (D)
Amended: 8/29/11
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 7-0, 04/12/11
AYES: Liu, Emmerson, Berryhill, Hancock, Strickland,
Wright, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 05/31/11
AYES: Alquist, Anderson, Blakeslee, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR : 79-0, 8/31/11 - See last page for vote
SUBJECT : Child day care facilities: youth with
disabilities
SOURCE : Ability First
DIGEST : This bill allows schoolage child care centers to
serve persons with developmental disabilities who are age
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18 to 22 and are enrolled in a special education program
under specified conditions.
Assembly Amendments delete provisions, including one
authorizing special education students 18 years of age or
older with developmental disabilities to attend schoolage
child day care centers under specified conditions, clarify
definitions, permit retention of a nonminor student in a
schoolage childcare center if a request is submitted to the
Department of Social Services (DSS) at least 30 days prior
to the student's 18th birthday, unless denies the request
in writing, exempt nonminor students from fingerprinting
and criminal record clearance requirements, and make other
substantive changes, outlined below.
ANALYSIS : Existing law:
1.Allows pupils to receive special education and related
services to age 21 if they have an individual education
plan 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
"child" as a person younger than 18 years of age.
This bill:
1.Defines "nonminor student" to include a person 18 years
of age or older who qualifies for special education
services as provided in the Education Code, and has a
developmental disability as defined in the Lanterman
Developmental Disabilities Services Act.
2.Defines "schoolage child care center" to mean a day care
center providing specified nonmedical care, supervision,
personal services, and assistance to schoolage children
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and nonminor students.
3.Authorizes DSS to approve or deny a written request for
enrollment or retention of a nonminor student at a
schoolage child care center if it determines the center
can meet the nonminor student's needs and enrollment or
retention of the nonminor student is not detrimental to
the health and safety of the nonminor student.
4.Permits retention of a nonminor student in a schoolage
childcare center if a request is submitted to DSS at
least 30 days prior to the student's 18th birthday,
unless DSS denies the request in writing.
5.Prohibits enrollment of a nonminor student at a schoolage
childcare center prior to approval by DSS.
6.Requires that a request to enroll or retain a nonminor
student in a schoolage childcare center include all of
the following:
A. Confirmation that the licensee conducted a personal
interview of the nonminor student or his or her
authorized representative;
B. A written statement from the licensee assessing
both of the following:
1) Whether the enrollment or retention of the
nonminor student would present a threat to the
health or safety of the nonminor student and others
at the center; and,
2) Whether the needs of the nonminor student can
be met by the schoolage child care center; and,
A. A copy of the nonminor student's current
individualized education program and other information
requested by DSS.
1.Exempts nonminor students from fingerprinting and
criminal record clearance requirements.
2.Authorizes DSS to terminate an approved request and issue
citations, assess civil penalties, or impose other
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discipline if the licensee fails to comply with
applicable law.
3.Authorizes DSS to adopt regulations to implement the
provisions of this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee
analysis, costs associated with this legislation would be
minor and absorbable within existing resources.
SUPPORT : (Verified 8/31/11)
AbilityFirst (source)
Ala Costa Centers
AFSCME
Developmental Disabilities Area Board 10
CARS Plus
Franklin D. Lanterman Regional Center
United Cerebral Palsy of Los Angeles, Ventura & Santa
Barbara Counties
Villa Esperanza Services
New Horizons
Staples Center
Bolton & Co
Jay Nolan Community Services
PathPoint
Lincoln Training Center
Easter Seals
County Welfare Directors Association of California
Arriba!
Valley Village
Lawry's Restaurant
Therapeutic Living Centers for the Blind
Los Angeles Area Chamber of Commerce
Pasadena Chamber of Commerce
Coppersmith Global Logistics
The Arc and United Cerebral Policy in California
California Alternative Payment Program Association
ARGUMENTS IN SUPPORT : According to the author's office,
inconsistencies between the Education Code and the Health
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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.
ASSEMBLY FLOOR : 79-0, 8/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Gorell
CTW:nl 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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