Bill Text: CA AB1897 | 2015-2016 | Regular Session | Introduced
Bill Title: Day care centers: birth to first grade license option.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1897 Detail]
Download: California-2015-AB1897-Introduced.html
BILL NUMBER: AB 1897 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mullin
(Coauthor: Assembly Member Chávez)
(Coauthor: Senator Hertzberg)
FEBRUARY 11, 2016
An act to add Section 1596.951 to the Health and Safety Code,
relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1897, as introduced, Mullin. Day care centers: birth to first
grade license option.
Existing law provides for the licensure and regulation of day care
centers by the State Department of Social Services. Existing
regulations require a separate license to be issued for each
component of a combination center, and establishes teacher-child
ratio requirements.
This bill would require the department to, in consultation with
specified stakeholders, adopt regulations on or before January 1,
2018, to develop and implement a birth to entering first grade
license option for day care centers. The bill would require the
regulations to include age-appropriate transition times, as
specified, a requirement that a single integrated license option list
the age groups of children being served at the day care center, and
a requirement that all other licensing regulations that apply to a
day care center shall also apply to a birth to entering first grade
license option. The bill would require, until a day care center has
the new integrated license, standards for inspection of a day care
center to be based on the current license.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In the 1970s, California led the nation in the creation of its
licensing system for community care facilities, and pioneered
recognition of the special needs of infants and toddlers with a
license distinct from preschool-age care.
(b) While the standard of care in California statutes remains
appropriate, the bifurcation of early care licensing in California
into two separate licenses is unnecessary and problematic.
(c) Many states now mandate the standard required in California,
but without dual-licensing. California is one of only two states in
the country that employ a separate infant-toddler license. Other
states employ a single license for early childhood centers, mandating
developmentally appropriate standards based on the age of the
children served.
(d) Even in California, family day care homes are not subject to
the dual license requirement. Only private fee and state and
federally funded child day care facilities are subject to the dual
license requirement.
(e) It is the intent of the Legislature to create a third facility
license option serving children from birth to entering first grade.
This additional facility license option shall not replace the current
infant license, preschool license, and toddler component option, but
instead be in addition to these early care and education facility
licensure options.
(f) It is also the intent of the Legislature that all of the
following are required under the birth to entering first grade
license option:
(1) Children shall be grouped together by their appropriate
developmental levels, and appropriate staff-child ratio and group
size regulations shall be followed.
(2) Children shall transition from age-appropriate classrooms or
program spaces when their developmental level is appropriate for such
a move.
(3) A child's chronological age and the entire group's need shall
also be considering factors for these moves.
(4) All children shall be supervised appropriately by teachers and
aides with appropriate staff qualifications. Toddlers may be grouped
with either infants or preschoolers as long as the requirements
applicable to the youngest age group in the group are followed.
(5) Emphasis shall be placed on improving the quality of early
care and education for children from birth to entering first grade in
center-based programs.
(6) Long-term efficiency within the Community Care Licensing
Division of the State Department of Social Services shall be promoted
through the elimination of duplicate paperwork, toddler component
waiver processing, and compliance visits to day care centers.
(7) A single inspection visit and administration of the birth to
entering first grade day care center shall be implemented versus
multiple inspection visits and administration of a day care center
with an infant license or preschool license and a toddler component
option. This will increase efficiency and allow a department analyst
to more holistically evaluate the birth to entering first grade day
care center, which will lead to stronger health and safety practices.
The efficiencies gained will reduce cost pressure on the department
and allow more providers to operate in California, and thus open more
spaces for children and parents waiting for care.
(g) The ability for providers to choose which type of facility
license option best meets their specific programmatic contract,
business, and community needs will allow for more flexibility in the
planning for a successful operation of the center.
SEC. 2. Section 1596.951 is added to the Health and Safety Code,
to read:
1596.951. (a) The department shall, in consultation with
stakeholders through the regulatory process, adopt regulations on or
before January 1, 2018, to develop and implement a birth to entering
first grade license option for day care centers. Regulations adopted
pursuant to this section shall include all of the following:
(1) Age-appropriate transition periods that do all of the
following:
(A) Allow children to transition from one age group to another age
group up to three months before or three months after their
birthday.
(B) Take the needs of the whole age group into consideration in
order to move children together.
(C) Consider continuity of care of the children and parents being
served.
(D) Consider the needs of the day care center licensees to
maximize spaces being used.
(2) A requirement that when a birth to entering first grade
license option is being issued to a new or current day care center
licensee, the licensee shall list the age groups of children being
served at the day care center for the purposes of license
inspections, data collection management, and county needs
assessments.
(3) A requirement that all other licensing regulations that apply
to a day care center shall also apply to a birth to entering first
grade license option.
(b) (1) A new applicant for a birth to entering first grade
license option may be charged a fee commensurate with the other age
specific facility license fee schedules.
(2) Until an existing day care center license has been replaced
with a birth to entering first grade license option, a day care
center licensee shall maintain a day care center that meets
regulatory standards for the age groups of children that are being
cared for at the day care center, and standards for inspection of a
day care center shall be based on the current license.
(c) Stakeholders consulted in adopting regulations pursuant to
this section shall include, but are not limited to, the State
Department of Education, California Association for the Education of
Young Children, Early Edge California, First 5 California, Children
Now, Alliance for Early Success, California Head Start Association,
California Child Development Administrators Association, California
Child Care Resource and Referral Network, California Child Care
Coordinators Association, Infant Development Association, the Western
Office of Zero to Three, L.A. Alliance, Professional Association for
Childhood Education, Californians for Quality Early Learning,
WestEd, American Federation of State, County and Municipal Employees,
Title 5 and Head Start-funded center-base child care providers, and
private fee -for-service center-based child care providers.
