Bill Text: CA AB641 | 2013-2014 | Regular Session | Amended
Bill Title: Child care: family child care providers: bargaining representative.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2013-09-11 - Ordered to inactive file at the request of Senator De León. [AB641 Detail]
Download: California-2013-AB641-Amended.html
BILL NUMBER: AB 641 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 10, 2013
AMENDED IN SENATE JUNE 17, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Rendon
(Coauthors: Assembly Members Ammiano and Bradford)
FEBRUARY 20, 2013
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,
and to add Section 1596.811 to the Health and Safety Code,
relating to child care.
LEGISLATIVE COUNSEL'S DIGEST
AB 641, as amended, Rendon. Child care: family child care
providers: bargaining representative.
Existing law authorizes employees of public schools to form, join,
and participate in the activities of an employee organization for
the purpose of representation on matters of employer-employee
relations, including terms and conditions of employment.
Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of family day care homes 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 authorize family child care providers, as defined,
to choose whether to be represented by a single
form, join, and participate in the activities of provider
organization, organizations, as
defined, that would be designated and to seek
the certification of a provider organization to act as the exclusive
representative for family child care providers on matters related to
child care subsidy programs pursuant to a specified
petition and election process overseen by the Public
Employment Relations Board or a neutral 3rd party designated by the
board. The bill would also establish a Family Child Care Parent
Advisory Committee that is required ,
consisting of 11 members, to (A) advise
, and make recommendations to, the Governor and any
certified provider organization on certain issues, and (B)
make specified recommendations would provide for the
reimbursement of mem bers of the committee for related
travel expenses .
The bill would require the State Department of Social Services and
the State Department of Education, with the assistance of specified
state departments and agencies, and their contractors and
subcontractors, to make specified information regarding family child
care providers available to provider organizations , and
would require the provider organization requesting the information to
bear the costs of collecting the information.
The bill would authorize a certified provider
organization to perform various functions, including meeting with
state regulatory agencies and engaging in various types of
negotiation on matters within a specified scope of representation
with the Department of Human Resources, in consultation with the
Superintendent of Public Instruction and other state agencies that
administer programs of publicly funded child care. The bill would
prohibit provider organizations from calling strikes and from
interfering with, intimidating, restraining, coercing, or
discriminating against a family child care provider because the
family child care provider joins or refuses to join a provider
organization. The state, as defined, also would be subject to the
latter prohibition. establish the scope of
representation of the certified provider organization, and would
require the Governor, through the Department of Human Resources, in
consultation with the Superintendent of Public Instruction and other
entities, to meet and confer in good faith with the certified
provider organization on all matters within that scope of
representation. The bill would require the parties to
jointly prepare a memorandum of understanding if agreement is
reached, whi ch would be binding on all state departments
and agencies, and their contractors and subcontractors, that are
involved in the administration of child care subsidy programs.
The bill would authorize the Governor, through the
Department of Human Resources, and the certified provider
organization, parties, if, after a reasonable
period of time they fail to reach agreement, to agree to submit
unresolved issues to the California State Mediation and Conciliation
Service for mediation or binding arbitration, and would authorize
either party to declare that an impasse has been reached and request
the Public Employment Relations Board to appoint a mediator or
arbitrator from the service to perform mediation or binding
arbitration.
The bill would authorize a certified provider organization to
enter into an agreement with the state regarding deduction of
membership dues and fair share fees from subsidy payments made to
providers, and would prohibit provider organizations and the state,
as defined, from calling strikes and from interfering with,
intimidating, restraining, coercing, or discriminating against a
family child care provider for joining or refusing to join a provider
organization.
The bill would require the State Department of Education to
require all resource and referral agencies to provide, without
charge, workshops to family child care providers that include, among
other things, training on child development and literacy, and to
provide copies of curricula, frameworks, and introductory materials
related to childhood education endorsed or published by the State
Department of Education.
The bill would require the State Department of Social Services to
consult with a stakeholder group, as specified, regarding ways to
ensure the most effective implementation of safety standards for
family child care homes.
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) Quality, affordable child care is essential to prepare
California's children to succeed in school and in life and to allow
families to work and contribute to the state's economy with the
assurance that their children are safe and well cared for.
(b) Family child care is the child care setting of choice for many
families because of its warm homelike environment, convenience, and
affordability. The flexibility offered by many family child care
providers is particularly vital to the more than one-in-five
California workers who work nontraditional schedules and need child
care on evenings, overnight, and weekends.
(c) Family child care providers are small business owners who
contribute significantly to the economies of their communities and
the state. As businesses, family child care providers are engines for
economic growth, generating 100,000 direct and indirect jobs, three
billion five hundred million dollars ($3,500,000,000) in economic
output, and five hundred fifty million dollars ($550,000,000) in tax
revenues. Family child care providers also contribute to the economy
by serving as a vital job support for working families.
(d) There is a need to improve the quality of child care and to
increase stability in the industry that is charged with providing
safe and quality care for children in California. Turnover among
family child care providers is estimated at more than 30 percent per
year, more than four times higher than among teachers in the public
school system. Losing a caregiver leaves working parents scrambling
to find other arrangements and disrupts children's cognitive and
social development, putting them at a disadvantage when it is time
for them to start school.
(e) Experienced family child care providers who care for children
under California's child care subsidy program are leaving the
profession because low reimbursement rates and a lack of access to
affordable health insurance mean they cannot afford to provide for
their own families. The state's fragmented, disorganized system for
paying family child care providers under the child care subsidy
program, in which more than 120 different agencies contract with the
state to pay family child care providers
providers, also contributes to the turnover. Family child care
providers' pay is often late, is reduced, or never arrives, and there
is a lack of clear authority and redress when problems arise.
(f) The supply of quality child care in the market is inadequate
to meet the demand in California. Since 2008
2008, the state has lost nearly 11,000 licensed child care
providers, representing a 25-percent decrease in the supply of
licensed child care providers and an elimination of 21 percent of, or
86,500, licensed slots for children in these homes. In 2011, there
was only licensed capacity to care for 25 percent of children
with of working parents.
(g) Child care presents a perfect opportunity for early learning
and increased school readiness. However, there are few connections
between the state's child care system and the elementary and
secondary educational system. Establishing such links would improve
the quality of early education and care for California's children and
strengthen the elementary and secondary educational system by
ensuring that children would be better prepared to start school.
(h) Family child care providers' role in the state's child care
system gives them unique insight into how quality, access, and
stability could be improved for children and families. In the last
year, family child care providers have worked with the
California State Department of Education to make
improvements to the state's requirements for timeliness of payment
and communications with family child care providers and families.
This progress shows the value that family child care provider voices
can add. But it also highlights the need for family child care
providers to have a formal role in decisionmaking on issues that
shape the child care system and the way they carry out their
profession.
(i) To promote higher quality and greater access and stability in
the child care system, it is necessary to enact legislation to grant
family child care providers the right to choose a representative to
negotiate collectively with the state over the operation of the child
care subsidy program. Permitting family child care providers a
formal voice will allow the state to get input from family child care
providers and to maximize its return on its investment in child
care, and will allow family child care providers to advocate to
improve the quality, access, and stability of care available to
California's children and families.
(j) Families who receive child care subsidies also lack any formal
voice into the way the child care system operates. Forming a Family
Child Care Parent Advisory Committee on matters related to the
state child care subsidy program will permit the state to
benefit from the experience and recommendations of families who rely
on the state child care subsidy program.
(k) Research demonstrates that substantive orientation training
for family child care providers, accompanied by educational material,
and the opportunity for family child care providers to give formal
feedback to oversight agencies are effective ways to improve quality
outcomes among family child care providers and children. For example,
a survey in Oregon found that license-exempt child care providers
who attended an orientation training and received a toolkit were 44
percent more likely to read to their children five or more times a
week than before they had attended the orientation training and
received the toolkit.
(l) While many resource and referral agencies make high-quality
training opportunities available to family child care providers,
including through the California Child Care Initiative Project, these
opportunities are not available to all family child care providers.
Requiring that high-quality training be made available to family
child care providers at convenient times and in community-based
locations on topics such as child development and literacy will
increase the quality of care provided and maximize the state's return
on its investment in the child care system.
(m) Establishing a stakeholder group of family child care
providers and parents whose children participate in family child care
to consult with the State Department of Social Services and the
State Department of Education regarding best practices to ensure the
well-being of children, including, but not limited to, the most
effective implementation of safety standards and training, will also
improve the quality of care provided to California's children.
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. Quality Family Child Care
8430. This article shall be known, and may be cited, as the
Quality Family Child Care Act.
8430.5. (a) The purpose of this article is to promote quality,
access, and stability in the child care system by authorizing an
appropriate unit of family child care providers to choose a provider
organization to act as their exclusive representative on all matters
specified in this article. It is also the purpose of this article to
promote full communication between family child care providers and
the state by permitting a provider organization certified as the
representative of family child care providers to meet and confer with
the state regarding the state's child care system.
(b) This article does not change family child care providers'
status as independent business owners or classify family child care
providers as public employees.
8431. As used in this article:
(a) "Certified provider organization" means a provider
organization that is, or provider organizations that jointly are,
certified by the board as the exclusive representative of family
child care providers in an appropriate unit after a proceeding under
Section 8434.
(b) "Child care subsidy program" means a program established
pursuant to this chapter and administered by the department or the
State Department of Social Services, or both, or any successor
program or similar program subsequently established or administered
by any departments of the state or a political subdivision of the
state, to subsidize families in purchasing child care.
(c) "Family child care provider" or "provider" means a child care
provider that participates in a child care subsidy program and is
either of the following:
(1) A family day care home provider, as defined in Section 1596.78
of the Health and Safety Code, who is licensed pursuant to the
requirement in Section 1596.80 of the Health and Safety Code.
(2) An individual who meets all both
of the following criteria:
(A) Provides child care in his or her own home or in the home of
the child receiving care.
(B) Is exempt from licensing requirements pursuant to Section
1596.792 of the Health and Safety Code.
(C) Participates in a child care subsidy program.
(d) "Provider organization" means an organization that has all of
the following characteristics:
(1) Includes family child care providers.
(2) Has as one of its main purposes the representation of family
child care providers in their relations with public and private
entities in California.
(3) Is not an entity that contracts with the state or a county to
administer or process payments for a child care subsidy program.
(e) "Public Employment Relations Board" or "board" means the
Public Employment Relations Board established pursuant to Section
3541 of the Government Code. The powers and duties of the board
described in Sections 3514.5, 3520.5, and 3541.3 of the Government
Code, and the respective implementing regulations, shall apply, as
appropriate, to this article to the extent those procedures are not
inconsistent with the procedures specified in this article. If a
provision of this article is the same or substantially the same as
that contained in Chapter 10 (commencing with Section 3500), Chapter
10.3 (commencing with Section 3512), or Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, it
shall be interpreted and applied in accordance with the judicial
interpretations of the provision in those statutes.
8431.3. (a) There is hereby established a Family Child Care
Parent Advisory Committee. The committee shall consist of 11 members,
nine of whom shall be the parents or guardians of children who
participate or have participated in a child care subsidy program
, with particular consideration given to parents who are involved
with, or have received training from, organizations focused on child
care advocacy or made up of parents whose children receive child care
. The Director of the State Department of Social Services, or
his or her designee, shall serve on the committee. The
Superintendent, or his or her designee, shall serve on the committee
and act as the committee chair. A majority of members of the
committee shall constitute a quorum for the transaction of any
business.
(b) The Governor shall appoint five parent or guardian members to
the committee.
(c) The Speaker of the Assembly, and the Senate Committee on Rules
shall each appoint two parent or guardian members to the committee.
(d) The committee members shall serve three-year terms.
(e) The committee shall meet not more than three times per
calendar year and the committee members shall each be entitled to
reimbursement for travel by the department not to exceed four hundred
dollars ($400) per meeting for airfare, or fifty-six and four-tenths
cents ($0.564) per mile for motor vehicle mileage per meeting.
(f) The committee shall advise the Governor, or his or her
designee, and any certified provider organization regarding issues
related to the quality, affordability, and accessibility of child
care offered through child care subsidy programs of the state. In
particular, the committee shall make recommendations regarding both
of the following:
(1) Strategies for improving quality, affordability, and access to
child care for families, including, but not limited to,
and for ensuring that families are informed of their
rights and eligibility for benefits under the child care subsidy
programs of the state. These strategies shall include recommendations
relevant to families who cannot participate in the child care
subsidy program because of wait lists or other hurdles.
(2) The structure of the child care subsidy program of the state,
including, but not limited to, the application and renewal process,
eligibility rules and standards, and the amount of family copayments.
8431.5. The state action antitrust exemption to the application
of federal and state antitrust laws is applicable to the activities
of family child care providers and their representatives authorized
under this article.
8432. Family child care providers have the right to form, join,
and participate in the activities of provider organizations of their
own choosing for the purpose of being represented in all matters
specified in this article. Family child care providers have the right
to refuse to join or participate in the activities of provider
organizations, except that a certified provider organization may
charge family child care providers who receive payment from a child
care subsidy program a fair share fee pursuant to Section 8436.
8432.5. Family child care providers are not public employees, and
this article does not create an employer-employee relationship
between family child care providers and the state or a public or
private nonprofit entity for any purpose, including, but not limited
to, eligibility for health or retirement benefits or vicarious
liability in tort. This article does not alter the status of a family
child care provider as a business owner, an employee of a family, or
a contractor.
8433. This article does not alter the rights of families to
select, direct, and terminate the services of family child care
providers.
8433.5. (a) Within 10 days of receipt of a request from a
provider organization, the State Department of Social Services shall
make available to that provider organization information regarding
family child care providers described in paragraph (1) of subdivision
(c) of Section 8431, including each provider's name, home address,
mailing address, telephone number, email address, and license number.
(b) Within 30 days of receipt of a request from a provider
organization, the department, with the assistance of the State
Department of Social Services and any state department or agency, or
its contractor or subcontractor, in possession of the relevant
information, shall collect information regarding family child care
providers, including each provider's name, home address, mailing
address, telephone number, email address, unique provider
identification number, if applicable, and shall make that information
available to the provider organization. The provider organization
shall bear the reasonable costs of collecting the information
described in this subdivision if that information has not been
previously collected.
(c) A provider organization under this article shall be considered
a day care organization for purposes of subdivisions (b) and (c) of
Section 1596.86 of the Health and Safety Code. All confidentiality
requirements applicable to recipients of information pursuant to
Section 1596.86 of the Health and Safety Code apply to provider
organizations and shall apply also to protect the personal
information of family child care providers as defined in paragraph
(2) of subdivision (c) of Section 8431. Information provided pursuant
to this section shall be used only for purposes of organizing and
representing family child care providers.
8434. (a) An appropriate unit of family child care providers, as
defined in subdivision (e), may designate, in accordance with the
provisions of this article, the provider organization, if any, that
shall be its exclusive representative. The board shall certify a
provider organization designated by an appropriate unit of family
child care providers as the exclusive representative of those
providers.
(b) Requests for elections, challenges, and competing claims,
requests for intervention, and requests for decertification shall be
filed with, received by, and acted upon by the board, provided that a
valid petition for a certification or decertification election is
resolved by a secret ballot election among family child care
providers. The board may designate a neutral third party to act on
any of the requests filed with the board pursuant to this
subdivision.
(c) The provider organization that presents a petition requesting
certification shall pay the reasonable costs of verifying the number
of family child care providers that have designated a provider
organization to act as their exclusive representative. The board, or
a neutral third party designated by the board to act on a request for
certification election, shall consider a document evidencing a
family child care provider's support for a provider organization
valid if it was signed by the family child care provider within two
years of the date it is submitted to the board.
(d) All provider organizations placed on the ballot shall share
equally the cost of an election.
(e) The only appropriate unit shall consist of all family child
care providers in the state.
(f) A certified provider organization shall represent each
provider in the represented unit fairly, without discrimination and
without regard to whether the provider is a member of the provider
organization.
8434.5. The scope of representation shall include all of the
following:
(a) The administration of laws and regulations governing licensing
for providers.
(b) Joint labor-management committees.
(c) Contract grievance arbitration.
(d) Expanded access to professional development and training
opportunities for providers.
(e) Benefits for providers.
(f) Payment procedures for child care subsidy programs.
(g) Reimbursement rates and other economic matters.
(h) Expanded access to food and nutrition programs.
(i) The deduction of membership dues, fair share fees, and any
voluntary deductions authorized by individual family child care
providers.
(j) Building connections between the family child care system and
the elementary and secondary educational system.
(k) Expanded access to the subsidized family
child care system subsidy program to
families in need of subsidies.
(l) Any changes to current practice other than those listed in
subdivisions (a) to (k), inclusive, that would do any of the
following:
(1) Improve recruitment and retention of qualified providers.
(2) Improve the quality of the programs.
(3) Encourage qualified providers to seek additional education and
training.
(4) Promote the health and safety of providers and the children in
their care.
8435. (a) The Governor, through the Department of Human
Resources, in consultation with the Superintendent, other state
agencies that administer programs of publicly funded child care, and
their contractors, as needed, shall meet and confer in good faith
regarding all matters within the scope of representation with
representatives of a certified provider organization and, before
arriving at a determination of policy or course of action, shall
consider fully the presentations made by the certified provider
organization on behalf of the providers it represents.
(b) As used in this section, "meet and confer in good faith" means
that the Governor, through the Department of Human Resources, and
representatives of the certified provider organization shall have the
mutual obligation to meet and confer promptly upon request by either
party and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals. The duty to
meet and confer in good faith also requires the parties to begin
negotiations sufficiently in advance of the adoption of the state's
final budget for the ensuing fiscal year so that there is adequate
time for agreement to be reached before the adoption of the final
budget and for the resolution of an impasse.
8435.5. (a) If agreement is reached between the Governor, through
the Department of Human Resources, and the certified provider
organization, they jointly shall prepare a written memorandum of
understanding. Any portions of the memorandum of understanding
requiring appropriation by the Legislature or statutory or regulatory
revisions shall be subject to legislative approval of those
appropriations or statutory or regulatory revisions.
(b) A memorandum of understanding between the Governor, through
the Department of Human Resources, and the certified provider
organization is binding on all state departments and agencies that
are involved in the administration of child care subsidy programs,
and the relevant contractors or subcontractors of those departments
and agencies.
(c) An agreement pursuant to this section may provide for binding
arbitration of grievances concerning the interpretation, application,
or violation of the agreement.
(d) This article does not alter the requirements governing the
child care reimbursement system that are set forth in Section 8222.
8436. (a) A certified provider organization shall have the same
right to enter into an agreement with the state regarding deduction
of membership dues and fair share fees from subsidy payments made to
providers, including payments made through state agencies,
departments, contractors, or subcontractors, as recognized employee
organizations have under Sections 3515.7 and 3515.8 of the Government
Code.
(b) The amount of any fair share fee shall not exceed the amount
of the dues payable by the members of the certified provider
organization. The costs covered by the fair share fee may include all
of the following:
(1) The certified provider organization's costs for meeting and
conferring with the state.
(2) Contract administration.
(3) Securing for the represented providers improvements in subsidy
rates, benefits, payment systems, training opportunities, and other
matters related to the family child care system in addition to those
secured through meeting and conferring with the state.
(4) Other activities germane to the certified provider
organization's function as the exclusive representative of providers.
(c) If the deduction of membership dues or fair share fees for a
provider requires action by more than one agency, department,
contractor, or subcontractor, the certified provider organization
shall establish procedures to ensure both of the following:
(1) The amount of the dues or fees does not exceed the total
membership or fair share fee owed by that provider.
(2) The administrative procedures for deducting dues or fees are
reasonable.
(d) The state, its agencies and departments, and their contractors
and subcontractors shall not be liable in any action by a provider
seeking recovery of, or damage for, improper calculation or use of
fair share fees.
8436.5. (a) It is unlawful for the state, including its agencies,
boards, commissions, departments, public benefit corporations,
political subdivisions, contractors, subcontractors, or employees, to
do to providers or provider organizations any of the things made
unlawful under Section 3519 of the Government Code.
(b) It shall be unlawful for a provider organization to do to the
state or to providers any of the things made unlawful under Section
3519.5 of the Government Code.
(c) For purposes of subdivisions (a) and (b), the references in
subdivision (e) of Section 3519 of, and subdivision (d) of Section
3519.5 of, the Government Code to "the mediation procedure set forth
in Section 3518" shall be deemed to refer to the impasse procedures
set forth in Section 8437.5.
(d) The initial determination as to whether charges of unfair
practices are justified and, if so, what remedy is necessary to
effectuate the purposes of this article shall be a matter within the
exclusive jurisdiction of the board.
8437. A provider organization shall not direct or call a strike.
8437.5. If after a reasonable period of time the parties fail to
reach agreement, the parties may agree to submit unresolved issues to
the California State Mediation and Conciliation Service established
by the Department of Industrial Relations for mediation or binding
arbitration, or either party may declare that an impasse has been
reached and request the board to appoint a mediator or an arbitrator
from the California State Mediation and Conciliation Service to
perform mediation or binding arbitration. A memorandum of
understanding reached by means of mediation or arbitration is subject
to appropriation by the Legislature and necessary statutory and
regulatory revisions.
8438. (a) To ensure that family child care providers have the
opportunity to receive substantive training on topics such as child
development and literacy and on other resources available to family
child care providers and the families they serve, the department
shall require all resource and referral agencies to provide in-person
introductory workshops to all family child care providers in that
region who participate in child care subsidy programs. Other child
care providers and parents who participate in child care subsidy
programs may also be invited to attend the provider workshops.
(b) A provider workshop shall be offered without charge to family
child care providers, at times and in community-based settings that
are convenient and accessible, with a particular focus on making the
workshops accessible to family child care providers serving children
who are English learners.
(c) If a substantial number of the family child care providers
participating in child care subsidy programs in a county are
non-English speaking, some provider workshops, including written
material distributed at the workshops, shall be provided in the
languages spoken by a
substantial number of family child care providers, in order to
facilitate full participation from all providers.
(d) Alternatives to in-person provider workshops shall be offered
on a case-by-case basis for family child care providers who have been
unable to attend a scheduled workshop within two years after the
workshop is first offered, or within six months after the family
child care provider begins participating in the child care subsidy
program.
(e) A provider workshop shall include all of the following:
(1) Training on child development and literacy, including best
practices on how to align early education with standards for
kindergarten and grades 1 to 5, inclusive.
(2) Providing attendees with copies of curricula, frameworks, and
introductory materials related to childhood education that are
published or endorsed by the department.
(3) Information on resources available to family child care
providers and the children and families they serve, including the
federal Child and Adult Care Food Program, the state early
intervention system, First 5 county commissions, and alternative
payment programs. This information may be delivered through brief
presentations by representatives of those organizations.
(4) An opportunity for family child care providers to provide
input and feedback on the workshop.
(f) A provider workshop may also include the following:
(1) Training on all of the following:
(A) Setting up a family child care home to create an enriching
environment for children.
(B) Creating a routine for children.
(C) Creating a curriculum.
(D) Involving parents in their children's early education and
care.
(2) Information on bilingual teaching practices.
(3) Information on available training and professional development
opportunities, including those offered by local resource and
referral agencies, community colleges, and in association with First
5 county commissions.
(4) Opportunities for coaching or mentoring by early childhood
professionals, including other family child care providers.
(5) Information on the state's licensing system for family child
care providers, including how to become a licensed provider, and how
providers are informed of licensing rules and regulations.
(g) If there is a certified provider organization, it shall be
permitted to make a brief presentation at the provider workshops.
(h) The implementation of this section is contingent upon
appropriation of funds for purposes of this section in the annual
Budget Act.
(i) The curricula and other materials required to be distributed
to family child care providers participating in child care subsidy
programs pursuant to paragraph (2) of subdivision (e) shall also be
provided to all licensed family child care providers, including those
who do not participate in child care subsidy programs, either by
mail or electronic mail. The department shall work with the State
Department of Social Services to distribute these materials.
(j) The Superintendent may adopt rules and regulations to set
standards regarding the introductory core provider workshops required
pursuant to this section.
SEC. 3. Section 1596.811 is added to the
Health and Safety Code , to read:
1596.811. (a) The department shall consult with a stakeholder
group made up of up to four family child care providers, up to four
parents or guardians of children who attend or have attended family
child care, and the State Department of Education regarding ways to
ensure the most effective implementation of safety standards for
family child care homes.
(b) The family child care provider participants in the stakeholder
group shall be designated by the provider organization certified
pursuant to Section 8434 of the Education Code, or, if no provider
organization has been certified, by the Governor.
(c) The parent or guardian participants shall be designated by the
Family Child Care Parent Advisory Committee established by Section
8431.3 of the Education Code.
