BILL ANALYSIS                                                                                                                                                                                                    �






                           SENATE COMMITTEE ON EDUCATION
                                  Carol Liu, Chair
                             2013-2014 Regular Session
                                          

          BILL NO:       SB 1123
          AUTHOR:        Liu
          AMENDED:       April 3, 2014
          FISCAL COMM:   Yes            HEARING DATE:  April 9, 2014
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  Early education.
          
           SUMMARY
           
          This bill modifies Title 5 general child care and development  
          programs serving children from birth to age three to require,  
          among other things, providers to have at least one teacher in  
          each classroom that holds a child development teacher permit by  
          July 1, 2019.

           BACKGROUND
           
           State-funded programs

           
           -------------------------------------------------------------------------------------------------------- 
          |                    |License-Exempt      |Title 22            |Title 22            |Title 5             |
          |                    |Providers           |FCCHs               |Centers             |Centersb            |
          |--------------------+--------------------+--------------------+--------------------+--------------------|
          |Staff               |None.               |15 hours of health  |Child Development   |Child Development   |
          |Qualifications      |                    |and safety          |Associate           |Teacher Permit (24  |
          |                    |                    |training.           |Credential or 12    |units of ECE/CD     |
          |                    |                    |                    |units in ECE/CD.c   |plus 16 general     |
          |                    |                    |                    |                    |education units).d  |
          |--------------------+--------------------+--------------------+--------------------+--------------------|
          |Staffing Ratios     |None.               |1:6 adult-child     |1:12 teacher-child  |1:24 teacher-child  |
          |                    |                    |ratio.              |ratio or 1 teacher  |and 1:8 adult-child |
          |                    |                    |                    |and 1 aide per 15   |ratio.              |
          |                    |                    |                    |children.           |                    |
          |--------------------+--------------------+--------------------+--------------------+--------------------|
          |Health and Safety   |Criminal background |Staff and           |Same as Title 22    |Same as Title 22    |
          |Standards           |check.              |volunteers are      |FCCHs.              |FCCHs.              |
          |                    |Self-certification  |finger printed.     |                    |                    |








                                                                   SB 1123
                                                                    Page 2

          |                    |of certain health   |Subject to health   |                    |                    |
          |                    |and safety          |and safety          |                    |                    |
          |                    |standards.          |standards.          |                    |                    |
          |--------------------+--------------------+--------------------+--------------------+--------------------|
          |Content Standards   |None.               |None.               |None.               |Requires            |
          |                    |                    |                    |                    |developmentally     |
          |                    |                    |                    |                    |appropriate         |
          |                    |                    |                    |                    |activities.         |
          |--------------------+--------------------+--------------------+--------------------+--------------------|
          |Monitoring          |None.               |Unannounced visits  |Same as Title 22    |Same as Title 22    |
          |                    |                    |by CCL every five   |FCCHs.              |FCCHs, but also     |
          |                    |                    |years or more       |                    |onsite reviews by   |
          |                    |                    |frequently under    |                    |CDE every three     |
          |                    |                    |special             |                    |years (or as        |
          |                    |                    |circumstances.      |                    |resources allow)    |
          |                    |                    |                    |                    |and annual outcome  |
          |                    |                    |                    |                    |reports.            |
          |--------------------+--------------------+--------------------+--------------------+--------------------|
          |Applicable Programs |CalWORKs, AP        |CalWORKs, AP        |CalWORKs, AP        |General Child Care, |
          |                    |Program             |Program             |Program             |Migrant Child Care, |
          |                    |                    |                    |                    |State Preschool     |
           -------------------------------------------------------------------------------------------------------- 
           ---------------------------------------------------------------- 
          |a Standards for children of other ages similar to those         |
          |displayed here.                                                 |
          |                                                                |
          |                                                                |
          |b Same standards apply to Title 5 family child care network     |
          |homes.                                                          |
          |                                                                |
          |                                                                |
          |c The Child Development Associate Credential is issued by the   |
          |National Credentialing Program of the Council for Professional  |
          |Recognition.                                                    |
          |                                                                |
          |                                                                |
          |d The Child Development Teacher Permit is issued by             |
          |California's Commission on Teacher           Credentialing.     |
          |                                                                |
          |                                                                |
          |FCCHs = family child care homes; ECE/CD = Early Childhood       |
          |Education/Child Development; CCL = Community Care Licensing;    |
          |CDE = California Department of Education; and AP = Alternative  |
          |Payment.                                                        |








                                                                   SB 1123
                                                                    Page 3

           ---------------------------------------------------------------- 

           Teacher qualifications

           Existing requirements for a child development teacher permit  
          (for State Preschool, and general child care and development)  
          include 24 units in early childhood education or child  
          development, 16 units in general education, and 175 hours of  
          experience in an instructional capacity in a child care and  
          development program.  The child development teacher permit is  
          issued for five years and is renewable for successive five-year  
          periods upon completion of 105 hours of professional growth. 

          Existing requirements for a child development associate teacher  
          permit, which authorizes the holder to provide instruction,  
          include 12 units in early childhood education or child  
          development, and 50 days of experience in an instructional  
          capacity in a child care and development program.  The child  
          development associate teacher permit is issued for five years  
          and is renewable once, for a total of two issuances.  To renew,  
          the holder must complete at least 15 semester units toward the  
          child development teacher permit.  By the end of the ten year  
          period, the holder must meet the requirements for the child  
          development teacher permit.   
           http://ctc.ca.gov/credentials/leaflets/cl797.pdf  
           
          Staff ratios

           Current law establishes the following staffing ratios for  
          center-based programs:

          1)   Infants, birth to two years old - 3:1 child-to-adult  
               ratio, and 18:1 child-to-teacher ratio.


          2)   Infants and toddlers, birth to two years old - 4:1  
               child-to-adult ratio, and 16:1 child-to-teacher ratio.


          3)   Children three to six years old - 8:1 child-to-adult  
               ratio, and 24:1 child-to-teacher ratio.


          4)   Children six to 10 years old - 14:1 child-to-adult ratio,  








                                                                   SB 1123
                                                                    Page 4

               and 28:1 child-to-teacher ratio.


          5)   Children 10 to 13 years old - 18:1 child-to-adult ratio,  
               and 36:1 child-to-teacher ratio.  (Education Code �  
               8264.8)

           Full-day

           Current law provides that three- and four-year olds are  
          eligible for wraparound child care services to supplement  
          part-day State Preschool if the family is eligible for State  
          Preschool and the parents need care for at least one of the  
          following reasons:

          1)   The child is a recipient of protective services, or at  
               risk.


          2)   The parents are engaged in vocational training, as  
               specified, employed or seeking employment, seeking  
               permanent housing, or are incapacitated. 
               (EC � 8239)  

           ANALYSIS
           
           This bill  modifies Title 5 general child care and development  
          programs serving children from birth to age three to require,  
          among other things, providers to have at least one teacher in  
          each classroom that holds a child development teacher permit by  
          July 1, 2019.  Specifically, this bill:

           This bill  

          1)   Provides that general child care services for infants and  
               toddlers is to be known as California Strong Start  
               services, and requires services for children from birth to  
               age three to include but not be limited to:

               a)        Parent engagement and support services that  
               promote positive 
                    parent-child relationships.

               b)        Full-day early learning and care services.








                                                                   SB 1123
                                                                    Page 5


               c)        Part-day early learning and care services.

               d)        Voluntary home visitation services.

               e)        Nutrition services.

               f)        Referrals to needed services such as health and  
               dental care, child 
                    abuse prevention, housing, and early childhood mental  
               health.  

          2)   Requires the Superintendent of Public Instruction to  
               develop standards, rules, and regulations for the  
               implementation of high-quality, evidence-based  
               infant-toddler services, based on but not limited to the  
               federal Early Head Start model.  This bill requires the  
               standards, rules and regulations to achieve the following:
           
                a)        Promote language rich environments, including  
               supporting a child's  
                     home language and English acquisition.  


                b)        Promote responsive caregiving by parents,  
               guardians, and care  
                     providers.  


                c)        Be based on the Infant/Toddler Learning and  
               Development  
                     Foundations.   
                http://www.cde.ca.gov/sp/cd/re/itfoundations.asp  
           
          Provider qualifications

           3)   Requires, by July 1, 2019, child care and development  
               providers to have at least one teacher in each classroom  
               that holds at a minimum a child development teacher permit  
               issued by the Commission on Teacher Credentialing (CTC).  

          4)   Requires the CTC, by July 1, 2017, to review and amend the  
               Child Development Permit Matrix to include the following  
               requirements:








                                                                   SB 1123
                                                                    Page 6

           
                a)        Teachers and caregivers of infants and toddlers  
               must obtain six  
                     units in infant and toddler development.   


                b)        Each permit holder must have an individual  
               professional  
                     development plan that includes a minimum of 21 hours  
                    of annual training, and the training must include  
                    in-classroom coaching (coaching may account for up to  
                    10 of the 21 hours of annual training).  

           Eligibility
           
          5)   Adds an eligibility threshold (for State Preschool, and  
               general child care and development), in addition to the  
               existing threshold of having an income at or below 70% of  
               the state median income (adjusted for family size), to  
               provide eligibility for four-year olds enrolled in  
               transitional kindergarten who are eligible for free and  
               reduced-price lunch, Cal-Fresh, or Medi-Cal.  This bill  
               establishes, beginning with the 2014-15 fiscal year,  
               income eligibility limits as no less than 70% of the state  
               median income for the prior fiscal year, adjusted for  
               family size. 
           
          Supplemental grants

           6)   Requires a family engagement supplemental grant to be  
               available to qualifying service providers, as determined  
               by the SPI, at a rate of $1,000 per eligible child.  

          7)   Requires a voluntary home visitation supplemental grant to  
               be available to qualifying service providers, as  
               determined by the SPI.  This bill establishes a rate of  
               $2,500 per child for those who receive full-day early  
               learning and care services, and a rate of $6,000 per child  
               for those who receive part-day early learning and care  
               services. 

          8)   Authorizes a countywide or regional consortium of  
               providers, with a lead grantee agency that is a First 5  
               commission, county office of education, or other local  








                                                                   SB 1123
                                                                    Page 7

               public agency, to apply to the SPI for a countywide or  
               regional grant for the total amount of eligible children.   
               This bill provides that these grants are dependent upon  
               appropriation in the Budget Act or another measure, for  
               purposes of funding general child care services.

          9)   Requires the SPI to distribute family engagement and  
               voluntary home visitation supplemental grants to provide  
               evidence-based parent training services, and  
               evidence-based voluntary home visitation services, as  
               defined in the California Department of Social Services'  
               California Evidenced-Based Clearing House for Child  
               Welfare.  

          Adjustment factors for additional expenses

           10)  Increases adjustment factors (which are multiplied by  
               enrollment of certain populations of children) as follows:

               a)        Infants, from 1.7 to 2.3.

               b)        Toddlers, from 1.4 to 1.8.

               c)        Infants and toddlers in a family child care  
               home, from 1.4 to 1.8.

     11)Provides that California Strong Start service providers are to  
          have the flexibility  
                to combine early learning and care services with one or  
               more of the additional services described in #1 above,  
               based on the needs of the children and families served.  

           State Preschool

           12)  Eliminates the family fee for part-day preschool programs.  


          13)  Modifies priority for State Preschool relative to  
               four-year olds to specify that priority is for four-year  
               olds who are not enrolled in transitional kindergarten. 

     14)Deletes the requirement that State Preschool programs operating  
          with  
                carryover funds (from prior years) have at least  of  








                                                                   SB 1123
                                                                    Page 8

               their enrollment be children who are four-years old.  This  
               bill also deletes the requirement that funding for  
               expansion of State Preschool be prioritized for programs  
               servicing the highest percentage of four-year olds. 
                
          Staff ratios

           15)  This bill sunsets existing staff ratios on July 1, 2019,  
               and as of that date establishes the following minimum  
               ratios and group sizes:

                    a)             Infants, birth to 18 months old - 4:1  
                    child-to-adult, and 8:1 child-to-teacher for a group  
                    size of eight; 3:1 child-to-adult, and 9:1  
                    child-to-teacher for a group size of nine.


                    b)             Toddlers, 18 months up to age three -  
                    4:1 child-to-adult, and 12:1 child-to-teacher for a  
                    group size of 12.


                    c)             Preschool, at least 30 months to  
                    kindergarten eligibility - 8:1 child-to-adult, and  
                    24:1 child-to-teacher for a group size of 24; 10:1  
                    child-to-adult, and 20:1 child-to-teacher for a group  
                    size of 20.


                    d)             Schoolage, kindergarten to age 13 -  
                    14:1 child-to-adult, and 28:1 child-to-teacher.

          16)  Requires compliance with these ratios to be determined  
               based on actual attendance.  This bill exempts family  
               child care home education networks from these ratios.   
               This bill authorizes providers to maintain these ratios  
               prior to  
                July 1, 2019.  

          Continuity of care

           17)  Deems a child who is enrolled in a state or federally  
               funded child care and development program as being  
               eligible for the remainder of the program year, in order  








                                                                   SB 1123
                                                                    Page 9

               to promote continuity of services.

          18)  Adds to existing indicators of quality early education and  
               care programs to include support in addition to family  
               education, and for services for infants and toddlers,  
               continuity of care and the assignment of primary  
               caregivers.  
                
           Miscellaneous

           19)  Authorizes California Strong Start service providers to  
               coordinate with First 5 commissions, voluntary home  
               visitation programs, Early Head Start, child care, child  
               welfare, early childhood mental health and intervention  
               including Early Start, and health and nutrition services.   


          20)  States legislative findings and declarations relative to a  
               comprehensive and adequately funded early learning and  
               educational support system for children from birth to five  
               years of age, and states legislative intent that the 
               expansion of transitional kindergarten does not adversely  
               impact access to early care and education opportunities  
               for infants and toddlers.


           STAFF COMMENTS
           
           1)   Strong Start  .  This bill increases standards for Title 5  
               programs serving children from birth to three years old,  
               focusing on this age group because of the importance of  
               early brain development as well as the fact that older  
               children have more opportunities to attend a high-quality  
               early education program such as State Preschool or  
               transitional kindergarten.  As indicated in a recent  
               report issued by the Legislative Analyst, "only a small  
               share of children in subsidized child care birth through  
               age three may access programs that are required to include  
               cognitive development."  
                http://lao.ca.gov/reports/2014/education/child-care/restruc 
               turing-child-care-system-040414.pdf  

           2)   Provider qualifications  .  This bill requires, by July 1,  
               2019, providers of child care and development to infants  








                                                                   SB 1123
                                                                    Page 10

               and toddlers to have at least one teacher in each  
               classroom that holds at a minimum a child development  
               teacher permit issued by the Commission on Teacher  
               Credentialing (CTC).  Current law requires a provider to  
               have an associate teacher permit.  The difference in  
               educational requirements for these permits is that  
               associate teachers must have 12 units in early childhood  
               education or child development, while teachers must have  
               24 units, plus 16 units in general education.

          This bill requires, by July 1, 2019, a provider of care to  
               infants and toddlers to also have 6 units in infant and  
               toddler development.  Current law does not require the  
               units in early childhood education or child development to  
               be specific to infants and toddlers.  

          This bill requires the CTC, by July 1, 2017, to review and  
               amend the Child Development Permit Matrix to include,  
               among other things, that each permit holder have an  
               individual professional development plan that includes a  
               minimum of 21 hours of annual training, and the training  
               must include in-classroom coaching (coaching may account  
               for up to 10 of the 21 hours of annual training).  Holders  
               of teacher permits must currently complete 105 hours of  
               professional development over a five year period.   
               In-classroom coaching is not currently a requirement for  
               professional development. 

          It is not clear where staff will complete this coursework  
               (presumably at community colleges).  Will the necessary  
               coursework be available and accessible, particularly for  
               the workforce in areas that are not near a community  
               college?  How much will it cost, and how will it be paid  
               for?  Who will provide the in-classroom coaching?  Is the  
               July 1, 2019, deadline sufficient time for the workforce  
               to complete these requirements?  

           3)   What if current providers do not meet the new  
               requirements  ?  It appears that providers may continue to  
               serve schoolage children under existing staff  
               qualifications and requirements, and may serve children  
               who are birth to age three but as Title 22 providers,  
               rather than pursuant to Title 5.  









                                                                   SB 1123
                                                                    Page 11


           4)   Eligibility  .  This bill adds an eligibility threshold (for  
               State Preschool, and general child care and development),  
               in addition to the existing threshold of having an income  
               at or below 70% of the state median income (adjusted for  
               family size), to provide eligibility for four-year olds  
               enrolled in transitional kindergarten who are eligible for  
               free and reduced-price lunch, Cal-Fresh, or Medi-Cal.   
               This provision is meant to identify low-income children  
               who may need access to part-day wraparound services for  
               the part of the day not spent in transitional  
                         kindergarten.  

           5)   Continuity of care  .  This bill deems a child who is  
               enrolled in a state or federally funded child care and  
               development program as being eligible for the remainder of  
               the program year, in order to promote continuity of  
               services.  The result is that children would maintain  
               their "slot" over any children on the waiting list.   
               Currently, if a program has an available "slot" it could  
               be filled by a child on a waiting list, while pursuant to  
               this bill, that child would remain on the list because the  
               "slot" is maintained for a child currently receiving care.  
                There were an estimated 200,000 children on the  
               Centralized Eligibility List, which was recently abolished  
               due to budget reductions.  

           6)   Staffing ratios and adjustment factors  .  This bill  
               modifies staffing ratios relative to serving infants and  
               toddlers to split those groups at age 18 months (rather  
               than two years of age), add group sizes, and match ratios  
               for preschools to ratios for Head Start as well as  
               proposed ratios for expanded transitional kindergarten.  

          This bill increases adjustment factors, which multiplies days  
               of enrollment by the adjustment factor to reflect the  
               additional expense of serving infants, toddlers, children  
               with exceptional needs, children at risk of neglect or  
               abuse, and children who are English learners.

          This bill does not change reimbursement rates.  Between 2008-09  
               and 2012-13, child care and preschool programs saw a  
               reduction in state funding of approximately $984 million,  
               and a reduction of approximately 110,000 slots.  In  








                                                                   SB 1123
                                                                    Page 12

               addition to reducing slots, several policy changes were  
               made to reduce state spending:

               a)        Maintained the regional market rate at 2005  
                    levels, and the standard reimbursement rate at 2007  
                    levels.


               b)        Reduced the regional market rate for  
                    license-exempt providers from 90% to 60% of licensed  
                    rates.

               c)        Lowered income eligibility thresholds from 75%  
                    to 70% of the state median income.






               d)        Exempted CalWORKs recipients with very young  
                    children from work requirements (thereby eliminating  
                    the need for child care).


               e)        Implemented family fees for part-day preschool.

           7)   Family fee for part-day preschool  .  This bill eliminates  
               the family fee for part-day State Preschool because  
               children who are eligible for this program must be  
               low-income.  It is estimated that the elimination of this  
               fee will result in a reduction of $3.3 million in funds  
               for this program.

           8)   Fiscal impact  .  This bill does not identify a funding  
               source, although it may be possible to direct "savings"  
               from a separate proposal to shift four-year olds to  
               transitional kindergarten.

           9)   Related legislation  .  SB 837 (Steinberg) expands  
               eligibility for transitional kindergarten to all four-year  
               olds, phased in over a four year period beginning in the  
               2015-16 school year.  SB 837 is scheduled to be heard by  
               this Committee on April 9.








                                                                   SB 1123
                                                                    Page 13


          AB 1902 (Bonta), among other things, eliminates the family fee  
               for part-day preschool.  AB 1902 is pending in the  
               Assembly Education Committee.

          AB 273 (Rendon) would have established the California  
               Partnership for Infants and Toddlers Act to provide  
               supplemental funding to serve infants and toddlers from  
               birth to three years of age.  AB 273 was held in the  
               Assembly Appropriations Committee.

           SUPPORT
           
          None on file.

           OPPOSITION

           None on file.