BILL ANALYSIS �
SB 1087
Page 1
SENATE THIRD READING
SB 1087 (Walters)
As Amended August 6, 2012
Majority vote
SENATE VOTE :37-0
HUMAN SERVICES 5-1 APPROPRIATIONS 16-1
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|Ayes:|Beall, Jones, Grove, |Ayes:|Fuentes, Harkey, |
| |Hall, Portantino | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano |Nays:|Mitchell |
| | | | |
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SUMMARY : Doubles the hours by which an after school program
operated by a city, county or non-profit may operate, and
expands the definition of an organized resident camp and
organized day camp. Specifically, this bill :
1)Increases the number of hours a week from 30 to 60 that an
after school program operated by a city, county or non-profit
may operate.
2)Exempts from licensure under the California Child Day Care
Facility Act (CCDCFA) and the California Community Care
Facilities Act (CCCFA) any local after school program
administered by a city, county or non-profit that operates for
no more than 60 hours a week.
3)Prohibits a pupil from attending a locally operated After
School Education and Safety Program (ASES) program for more
than 30 hours a week.
4)Restricts a locally operated ASES program from receiving
additional funding pursuant to this subdivision.
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EXISTING LAW :
1)Establishes the ASES program to create incentives for
establishing locally driven before and after school enrichment
programs both during schooldays and summer, intersession, or
vacation days that partner public schools and communities to
provide academic and literacy support and safe, constructive
alternatives for youth.
2)Exempts locally operated and funded after school programs not
affiliated with the ASES program to be exempt from child care
licensure if they operate for no more than 30 hours per week.
3)Exempts from child care licensure recreation programs operated
by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, or Camp
Fire, or similar organizations as determined by regulations of
the Department of Social Services (DSS).
4)Establishes the CCDCFA to provide a comprehensive, quality
system for licensing child care facilities to ensure a quality
day care environment and states that good quality child care
services are essential services for working parents.
5)Sets licensing requirements and provides authority to DSS to
develop and adopt regulations to administer the act, including
the authority to set licensing standards for facilities that
provide nonmedical care to children under the age of 18.
6)Defines a "day care center" as any child day care facility
other than a family day care home, and includes infant
centers, preschools, extended day care facilities, and school
age child care centers.
7)Requires all employees of child day care centers to undergo a
criminal background check and clearance.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation should be
minor and absorbable within existing resources.
COMMENTS : This bill is a reintroduction of SB 737 (Walters) from
last year, which was vetoed by the Governor. Here is the
Governor's veto message:
SB 1087
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I am returning Senate Bill 737 without my signature.
I agree with the author's intent to clarify and simply the
regulation of organized camps, but this measure does not
achieve this goal. I am directing the Department of Public
Health and Department of Social Services to work with the
author and interested advocates to resolve this issue in
the coming year.
Need for the bill . According to the author, "SB 1087 is a
re-introduction of SB 737 which passed last year, but was vetoed
by the Governor based on some concerns raised by the Department
of Public Health and the Department of Social Services, which we
have addressed in this bill. This bill allows ASES programs
operated by city, county or nonprofit organizations to operate
up to 60 hours per week instead of the current 30 hours. The 30
hour limitation makes it difficult to serve students who attend
kindergarten and typically attend school for half days, and for
students who have parents with non-traditional work schedules."
ASES Program . The ASES Program was established by Proposition
39 in 2002 to school districts with grant based funding for
after school programs in three-year terms. This proposition
amended California Education Code (EC) Sections 8482-8482.55 to
expand and rename the former Before and After School Learning
and Safe Neighborhood Partnerships Program (ASLSNP) Program as
the ASES Program.
According to the California Department of Education (CDE), ASES
programs are created through partnerships between schools and
communities to provide literacy support, academic enrichment,
and safe, constructive alternatives for students in kindergarten
through grade nine (K-9). Funding is designed to provide
elementary and middle schools that submit applications to
establish before and after school programs with a three-year
grant. According to the CDE, by definition, an ASES program is
one that receives ASES grant funding.
Under current law, ASES programs are exempt from child care
licensure because they are associated and located on local
school campus. This exemption allows locally operated and
funded ASES programs to operate for a reasonable number of hours
before and after the school day without having to pursue a child
care license. This can be seen in the legislative history of EC
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Section 8484.3, which provides for this specific licensure
exemption.
EC Section 8484.3 was initially established by SB 1756
(Lockyer), Chapter 320, Statutes of 1998, that created the
initial ASLSNP Program. Under this measure locally operated
ASES programs were exempted from licensure if they operated for
no more than 20 hours a week. Three years later, the state
adopted AB 6 (Cardenas), Chapter 545, Statutes of 2001,
increasing the allowable hours of operation to 30.
According to the co-sponsors of this bill, the YMCA and the
California Collaboration for Youth (CCY), "the current 30 hour
limitation makes it difficult to serve students who attend
kindergarten and typically attend school for half days, and for
students who have parents with non-traditional work schedules."
In order to balance the operational need of ASES programs with
state health and safety concerns, this measure restricts any one
pupil from attending an ASES program for more than 30 hours, but
would allow the program to operate for up to 60 hours a week.
However, by doubling the number of hours an ASES program may
operate, it may create ambiguity as to whether it is providing
ASES services or child care services.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0004691