Bill Text: CA SB1420 | 2015-2016 | Regular Session | Amended


Bill Title: Child care and development: occupational health and safety training.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1420 Detail]

Download: California-2015-SB1420-Amended.html
BILL NUMBER: SB 1420	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 19, 2016

    An act to amend Section 35179 of the Education Code,
relating to interscholastic athletics.   An act to add
Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of
Division 1 of Title 1 of the Education Code, relating to child care.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1420, as amended, Mendoza.  Interscholastic athletics.
  Child care and development: occupational health and
safety training.  
   Existing federal law, the Child Care and Development Block Grant
Act of 1990, which is administered by the State Department of
Education in California, requires that a state plan include
requirements that specified child care providers receive minimum
health and safety training relating to, among other things, the
prevention and control of infectious diseases and the handling and
storage of hazardous materials in order to receiving funding for
child care.  
    Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of child day care
facilities by the State Department of Social Services. Existing law,
the Child Care and Development Services Act, administered by the
State Department of Education, requires the Superintendent of Public
Instruction to administer child care and development programs that
offer a full range of services for eligible children from infancy to
13 years of age, including, among others, resource and referral
programs, alternative payment programs, and family child care home
education networks.  
   This bill would, effective July 1, 2017, require a caregiver, as
defined, to attend a one-time, two-hour training on occupational
health and safety risks specific to the child care profession, and on
how to identify and avoid those risks. The bill would require the
State Department of Education, in consultation with the State
Department of Public Health and child care caregivers, to develop the
curriculum for the training, which is required to include, among
other things, a discussion of specified risks, including chemical and
biological hazards. The bill would also require the department to
contract with an entity to provide the occupational health and safety
training and to compensate a caregiver for his or her time for
attending the training.  
   Existing law provides that each school district governing board
has general control of, and responsibility for, all aspects of the
interscholastic athletic policies, programs, and activities in its
district, as specified. Existing law authorizes school district
governing boards to enter into associations or consortia with other
school district governing boards for the purpose of governing
regional or statewide interscholastic athletic programs, as
specified. Existing law prohibits voluntary interscholastic athletic
associations from discriminating against, or denying the benefits of
any program to, any person on the basis of specified personal
characteristics. Existing law also prohibits voluntary
interscholastic athletic associations from denying a school from
participation in interscholastic athletic activities because of the
religious tenets of the school.  
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  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) Improving occupational health and safety in all lines of work
is a priority for the State of California, and that focus should
extend to child care caregivers.  
   (b) Child care caregivers are at risk for occupational health and
safety risks on the job, including from toxic chemicals, illness,
stress, and physical hazards such as lifting and bending. According
to the Bureau of Labor Statistics, child care workers have
musculoskeletal injury rates comparable to those of industrial truck
and tractor operators and construction equipment operators. 

   (c) The federal Child Care and Development Block Grant Act of 1990
(CCDBG) (42 U.S.C. Sec. 9857 et. seq) was reauthorized in 2014
(Public Law 113-186). The changes to the CCDBG include a requirement
that caregivers complete preservice or orientation training on topics
including infectious disease prevention and control, building and
physical premises safety, emergency preparedness and disaster
response, and handling/storage of hazardous materials and disposal of
biocontaminants. Requiring caregivers to complete occupational
health and safety training will satisfy several of the new CCDBG
health and safety requirements and will also help caregivers with
child development permits satisfy the 105 hours of professional
growth activities necessary to renew their permits. The training will
also improve health and safety for caregivers and the children in
their care, and will therefore benefit the families of the children
served and the economy of the state. 
   SEC. 2.    Article 19.5 (commencing with Section
8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the
  Education Code   , to read:  

      Article 19.5.  Child Care Caregiver Occupational Health and
Safety Training Act


   8430.  This article may be known and cited as the Child Care
Caregiver Occupational Health and Safety Training Act.
   8431.  As used in this article, the following terms have the
following meanings:
   (a) "Caregivers" means licensed caregivers and license-exempt
caregivers.
   (b) "Department" means the State Department of Education.
   (c) "Licensed caregiver" means a person who works directly with
children and is a child care provider, an administrator, or an
employee of a licensed child day care facility.
   (d) "License-exempt caregiver" means a person who works directly
with children under a publicly funded child care program, and is a
child care provider who is exempt from licensing requirements
pursuant to Section 1596.792 of the Health and Safety Code, or the
employee of such a child care provider, but excludes caregivers who
are the relatives of the children they care for.
   (e) "Publicly funded child care program" means a program
administered by the State Department of Education, the State
Department of Social Services, or another department, agency, or
political subdivision of the state, including, but not limited to,
child care voucher programs, the California State Preschool Program,
child care center contracts and programs established subsequent to
the passage of this article, to subsidize early learning and care for
children, but not including the public education system.
   8432.  (a) A caregiver shall attend a one-time, two-hour training
on occupational health and safety risks specific to the child care
profession, and on how to identify and avoid those risks.
   (b) A caregiver shall be required to complete this training within
two years of when the training is first offered pursuant to this
act, or within three months of the caregiver beginning to care for
children in a licensed child day care facility, whichever occurs
later.
   (c) The training shall include all of the following:
   (1) A discussion of all of the following risks and how the risks
can be identified and minimized in a child care setting:
   (A) Chemical and biological hazards.
   (B) Infectious disease.
   (C) Physical hazards and stress.
   (2) Small-group and large-group discussion.
   (3) An opportunity for a caregiver to learn from current child
care professionals.
   (4) Presentations by associations or organizations of child care
caregivers about their professional development offerings for
caregivers, upon approval by the department.
   (5) An opportunity for a caregiver to give feedback on the
training he or she has received.
   (d) The State Department of Education shall, in consultation with
the State Department of Public Health and child care caregivers,
develop the curriculum for the training.
   (e) The department shall compensate a caregiver for his or her
time for attending the training established in this article.
   (f) The department shall contract with an entity to provide the
occupational health and safety training required in this article
throughout the state. Based on a competitive process, the department
shall select an entity that meets all of the following requirements:
   (1) Has experience providing occupational health and safety
trainings, as described in this article, to caregivers.
   (2) Trains caregivers to give the training required by this
article to other caregivers.
   (3) Will provide periodic updates on health and safety matters to
caregivers who have completed the training.
   (g) The department shall, on a monthly basis, provide lists of the
caregivers who have attended the training and of those who are
required to attend the training, but have not yet attended, and their
contact information, to the entity selected to provide the training,
to enable the entity to provide periodic updates to affected
caregivers on health and safety issues and other educational
information.
   (h) The department and the entity it selects to provide the
training shall comply with the Dymally-Alatorre Bilingual Services
Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of
Title 1 of the Government Code), which includes, among alternative
communication options, providing the same type of training materials
in any non-English language spoken by a substantial number of members
of the public whom the department serves.
   8433.   This article shall take effect July 1, 2017. 

  SECTION 1.    Section 35179 of the Education Code
is amended to read:
   35179.  (a) Each school district governing board shall have
general control of, and be responsible for, all aspects of the
interscholastic athletic policies, programs, and activities in its
district, including, but not necessarily limited to, eligibility,
season of sport, number of sports, personnel, and sports facilities.
In addition, the school district governing board shall ensure that
all interscholastic policies, programs, and activities in its
district are in compliance with state and federal law.
   (b) School district governing boards may enter into associations
or consortia with other school district governing boards for the
purpose of governing regional or statewide interscholastic athletic
programs by permitting the public schools under their jurisdictions
to enter into a voluntary association with other schools for the
purpose of enacting and enforcing rules relating to eligibility for,
and participation in, interscholastic athletic programs among and
between schools.
   (c) Each school district governing board, or its designee, shall
represent the individual schools located within its jurisdiction in
any voluntary association of schools formed or maintained pursuant to
this section.
   (d) No voluntary interscholastic athletic association, of which
any public school is a member, shall discriminate against, or deny
the benefits of any program to, any person on any basis prohibited by
Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of
Title 1.
   (e) Notwithstanding any other law, no voluntary interscholastic
athletic association shall deny a school from participating in
interscholastic athletic activities because of the religious tenets
of the school, irrespective of whether that school is directly
controlled by a religious organization.
   (f) Interscholastic athletics is defined as those policies,
programs, and activities that are formulated or executed in
conjunction with, or in contemplation of, athletic contests between
two or more schools, either public or private. 
                                             
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