Bill Text: CA AB752 | 2017-2018 | Regular Session | Amended
Bill Title: Child care: state preschool programs: expulsion.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-12 - Chaptered by Secretary of State - Chapter 708, Statutes of 2017. [AB752 Detail]
Download: California-2017-AB752-Amended.html
Amended
IN
Senate
July 13, 2017 |
Amended
IN
Senate
July 03, 2017 |
Amended
IN
Senate
June 28, 2017 |
Amended
IN
Assembly
April 18, 2017 |
Assembly Bill | No. 752 |
Introduced by Assembly Member Rubio (Coauthor: Assembly Member McCarty) |
February 15, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides for the licensure, by the State Department of Social Services, of facilities that
provide day care for children, including day care centers and family day care homes. Existing law authorizes the department to impose civil penalties for certain violations of the licensing requirements and their corresponding regulations. Existing law requires each licensed child day care facility to post various documents and provide various notices to parents in response to certain citations. Existing law provides that failure to comply with these requirements results in an immediate civil penalty.
This bill would prohibit the State Department of Social Services from issuing a citation to or imposing a civil penalty on a child day care facility that contracts with the State Department of Education for a violation that is solely related to the behavior of a child when the facility is in the process of complying with this procedure, except if the contracting agency is not expeditiously pursuing and documenting reasonable steps to maintain the child’s safe participation, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:SEC. 2.
Section 8239.1 is added to the Education Code, to read:8239.1.
(a) A contracting agency shall not expel or unenroll a child because of a child’s behavior except as authorized by subdivision (c).(a)The department shall not issue a citation or impose a civil penalty under any provision of this chapter to a child day care facility that contracts with the State Department of Education for a violation that is solely related to the behavior of a child when the facility is in the process of complying with Section 8239.1 of the Education Code.
(b)A child day care facility that contracts with the State Department of Education may appeal a citation or civil penalty issued by the department that is related to the behavior of a child when the facility is in the process of complying with Section 8239.1 of the Education Code. The department shall withdraw a citation
or civil penalty that is solely related to the behavior of a child upon presentation of evidence by the child day care facility that the facility was in the process of complying with Section 8239.1 of the Education Code.
(c)Notwithstanding subdivisions (a) and (b), the department may issue a citation or impose a civil penalty for a violation related to a child’s behavior if the contracting agency is not expeditiously pursuing and documenting reasonable steps to maintain the child’s safe participation in the program.
(d)This section shall apply only to a California state preschool program described in Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1
of the Education Code.