Existing law, the Child Care and Development Services Act, 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 California state preschool programs. The act requires families to meet certain requirements to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

This bill would prohibit a contracting agency from expelling or unenrolling a child from a state preschool program because of a childs behavior unless the contracting agency has expeditiously pursued and documented reasonable steps to maintain the childs safe participation in the program and determines, in consultation with specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

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 require the department to consider, in determining whether to issue a citation to or impose a civil penalty on a child day care facility that contracts with the State Department of Education, whether the child day care facility is in the process of complying with the procedure described above.

Existing law, the Child Care and Development Services Act, 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 California state preschool programs. The act requires families to meet certain requirements to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

This bill would prohibit a contracting agency from expelling or unenrolling a child from a state preschool program because of a childs behavior unless the contracting agency has expeditiously pursued and documented reasonable steps to maintain the childs safe participation in the program and determines, in consultation with specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

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 require the department to consider, in determining whether to issue a citation to or impose a civil penalty on a child day care facility that contracts with the State Department of Education, whether the child day care facility is in the process of complying with the procedure described above.

Existing law, the Child Care and Development Services Act, 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 California state preschool programs. The act requires families to meet certain requirements to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

This bill would prohibit a contracting agency from expelling or unenrolling a child from a state preschool program because of a childs behavior unless the contracting agency has expeditiously pursued and documented reasonable steps to maintain the childs safe participation in the program and determines, in consultation with specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

Existing law, the Child Care and Development Services Act, 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 California state preschool programs. The act requires families to meet certain requirements to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

This bill would prohibit a contracting agency from expelling or unenrolling a child from a state preschool program because of a childs behavior unless the contracting agency has expeditiously pursued and documented reasonable steps to maintain the childs safe participation in the program and determines, in consultation with specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

Existing law, the Child Care and Development Services Act, 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 California state preschool programs. The act requires families to meet certain requirements in various areas to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

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 a contracting agency from expelling or unenrolling a child from a state preschool program because of a childs behavior unless the contracting agency has expeditiously pursued and documented reasonable steps to maintain the childs safe participation in the program and determines, in consultation with specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

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 the procedure described above. The bill would authorize a child day care facility that contracts with the State Department of Education to appeal a citation or civil penalty issued by the State Department of Social Services that is related to the behavior of a child when the facility is in the process of complying with that procedure. The bill would require the State Department of Social Services to withdraw a citation or civil penalty solely related to the behavior of a child upon the presentation of evidence by the child day care facility that the facility was in the process of complying with that procedure. The bill, notwithstanding those provisions, would authorize the State Department of Social Services to issue a citation or impose a civil penalty for a violation related to a childs behavior if the contracting agency is not pursuing and documenting reasonable steps to maintain the childs safe participation in the program. this procedure, except if the contracting agency is not expeditiously pursuing and documenting reasonable steps to maintain the childs safe participation, as specified.

Existing law, the Child Care and Development Services Act, 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. age, including California state preschool programs. The act requires families to meet certain requirements in various areas to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

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 a contracting agency from expelling or unenrolling a child from a state preschool program because of a childs behavior unless the contracting agency has pursued and documented reasonable steps to maintain the childs safe participation in the program and determines, in consultation with specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

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 the procedure described above. The bill would authorize a child day care facility that contracts with the State Department of Education to appeal a citation or civil penalty issued by the State Department of Social Services that is related to the behavior of a child when the facility is in the process of complying with that procedure. The bill would require the State Department of Social Services to withdraw a citation or civil penalty solely related to the behavior of a child upon the presentation of evidence by the child day care facility that the facility was in the process of complying with that procedure. The bill, notwithstanding those provisions, would authorize the department State Department of Social Services to issue a citation or impose a civil penalty for a violation related to a childs behavior if the contracting agency is not pursuing and documenting reasonable steps to maintain the childs safe participation in the program.

Existing law, the Child Care and Development Services Act, 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. The act requires families to meet certain requirements in various areas to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

This bill would prohibit a contracting agency from expelling or unenrolling a child because of a childs behavior unless the contracting agency has explored pursued and documented all possible reasonable steps to maintain the childs safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the childs teacher, and, if applicable, the local agency responsible for implementing the Individuals with Disabilities Education Act, and specified parties, that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children. The bill would require, if a child is expelled or unenrolled, the contracting agency to facilitate the childs transition to a more appropriate placement. The bill would require the State Department of Education to develop criteria to ensure that children are not expelled or unenrolled from a program due to challenging behaviors without a documented process and with due consideration of the requirement to facilitate transition to a more appropriate placement. children, and has referred the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community.

Existing law, the Child Care and Development Services Act, 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. The act requires families to meet certain requirements in various areas to be eligible for federal and state subsidized child development services. The act authorizes the Superintendent of Public Instruction to enter into and execute local contractual agreements with any public or private entity or agency for the delivery of child care and development services.

This bill would prohibit a contracting agency from expelling or unenrolling a child because of a childs behavior unless the contracting agency has explored and documented all possible steps to maintain the childs safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the childs teacher, and, if applicable, the local agency responsible for implementing the Individuals with Disabilities Education Act, and that the childs continued enrollment would present a continued serious safety threat to the child or other enrolled children. The bill would require, if a child is expelled or unenrolled, the contracting agency to facilitate the childs transition to a more appropriate placement. The bill would require the State Department of Education to develop criteria to ensure that children are not expelled or unenrolled from a program due to challenging behaviors without a documented process and with due consideration of the requirement to facilitate transition to a more appropriate placement.

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 result in an immediate civil penalty.

This bill would prohibit the department from penalizing a licensed child day care facility providing services through the California State Preschool Program or other child care and development services for failure to expel or unenroll a child, or for failure to provide specialized or extraordinary supervision in response to serious challenging behavior, when the documented process described above has not yet been completed. The bill would also suspend, in certain circumstances, the requirements that the facility post various documents and provide various notices to parents in response to certain citations, and suspend imposition of civil penalties for failure to comply with those requirements, while the licensee is exercising its right to appeal the citation.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 752

Author:(Rubio)

As Amended Ver:September 1, 2017

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Prohibits a California State Preschool Program contracting agency from expelling or unenrolling a child due to behavior unless certain steps are taken.

Specifically, this bill:

1. Makes Legislative findings and declarations related to high rates of preschool expulsion, the negative impacts of these expulsions, and the state's current lack of guidelines or regulations regarding expulsion in the California State Preschool Program (State Preschool), and states Legislative intent to significantly reduce the expulsion or unenrollment of children from State Preschool due to challenging behaviors.
2. Prohibits a State Preschool contracting agency from expelling or unenrolling a child because of a child's behavior except in instances when the contracting agency has pursued and documented reasonable steps to maintain the child's safe participation in the program and determined, in consultation with specified entities including the child's parents or legal guardians, that the child's continued enrollment would present a serious safety threat to the child or other enrolled children, at which point the contracting agency must refer the parents or legal guardians to other resources or placements, as specified, and then may unenroll the child.
3. Requires a contracting agency to inform the parent(s) or legal guardian(s) of a child exhibiting persistent and serious challenging behaviors about the process described in the provisions of this bill.
4. Requires a State Preschool contracting agency, if a child exhibits continuing and serious challenging behaviors, to pursue and document reasonable steps, including consulting with the child's parents or legal guardians and teacher, to maintain the child's safe participation in the program and to do the following:
   1. For a child with an individualized family service plan (IFSP) or individualized education program (IEP), with written parental consent, contact the agency responsible for the IFSP or IEP to seek consultation on serving the child; or
   2. For a child who does not have an IFSP or IEP, consider, if appropriate, completing a universal screening of the child, including, but not limited to, screening the child's social and emotional development, referring the child's parents or legal guardians to community resources, and implementing behavior supports within the program prior to referring the parents or legal guardians to the local agency responsible for implementing the Individuals with Disabilities Education Act (IDEA).
5. Requires a State Preschool contracting agency to complete the process of pursuing and documenting reasonable steps to maintain a child's safe participation in the program, and taking other related steps as proposed by this bill, within 180 days.
6. Requires the Department of Social Services (DSS) to consider, in determining whether to issue a citation or impose a civil penalty related to licensure, as specified, to a child day care facility that contracts with the California Department of Education (CDE), whether that day care facility is in the process of complying with the provisions of this bill.

The Senate amendments:

1. Clarify that a contracting agency's pursuit and documentation of reasonable steps to maintain a child's safe participation in State Preschool must be done in an expeditious manner.
2. Clarify that the reasonable steps a contracting agency must take to ensure a child's safe participation in State Preschool include, but are not limited to, consulting with the child's parents or legal guardians and teacher.
3. Add language requiring a contracting agency to inform the parent(s) or legal guardian(s) of a child exhibiting persistent and serious challenging behaviors about the process described in the provisions of this bill.
4. Delete language requiring a contracting agency to, for a child who does not have an IFSP or IEP, refer the child's parents or legal guardians to the local agency responsible for implementing IDEA and, instead, add language requiring that agency to consider, if appropriate, completing a universal screening of the child, including, but not limited to, screening the child's social and emotional development, referring the child's parents or legal guardians to community resources, and implementing behavior supports within the program prior to referring the parents or legal guardians to the local agency responsible for implementing IDEA.
5. Delete language related to the issuance of civil penalties pursuant to the California Child Day Care Facilities Act, including the removal of language that:
   1. Prohibits the Department of Social Services (DSS) from issuing a citation or imposing a civil penalty pursuant to the California Child Day Care Facilities Act to a State Preschool contracting facility for a violation that is solely related to the behavior of a child when the facility is in the process of complying with the provisions of this bill that require a State Preschool contracting agency to complete the process of exploring, pursuing, and documenting reasonable steps to maintain the safe participation in the program of a child demonstrating challenging behaviors, as specified;
   2. Permits a State Preschool contracting facility to appeal a citation or civil penalty issued by DSS that is related to the behavior of a child when the facility is in, and requires DSS to withdraw a citation or civil penalty that is solely related to the behavior of a child upon presentation of evidence by the facility that it was in, the process of exploring, pursuing, and documenting reasonable steps to maintain the safe participation in the program of a child demonstrating challenging behaviors, as specified; and
   3. Maintains DSS's authority to issue a citation or impose a civil penalty for a violation related to a child's behavior if a State Preschool contracting agency is not pursuing and documenting reasonable steps to maintain the child's safe participation in the program.
6. Add language that requires DSS to consider, in determining whether to issue a citation or impose a civil penalty pursuant to the California Child Day Care Facilities Act, as specified, to a child day care facility that contracts with CDE, whether that day care facility is in the process of complying with the provisions of this bill.

EXISTING LAW:

1. Defines "California State Preschool Program" to mean part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year olds, and includes the California State Preschool Program under the definition of "child care and development programs" which offer a full range of services for children from 0 to 13 years of age, as specified. (Education Code Section (EDC) 8208 (i) and (ad))
2. Requires the Superintendent of Public Instruction to administer all state preschool programs, which include, but are not limited to, part-day age- and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. (EDC 8235(a))
3. Authorizes a part-day state preschool program to provide services to children in families with incomes up to 15% above the income eligibility threshold, as specified, provided all other eligible three- and four-year-olds have been enrolled. Further specifies that no more than 10% of the children enrolled under a provider's entire contract can be children in families above the income eligibility threshold. (EDC 8235(c))
4. Requires families to meet certain criteria in order to be eligible for federal and state subsidized child development services, including that a family must be either a current aid recipient, income eligible, homeless, or one whose children are recipients of protective services or have been identified as being abused, or neglected, as specified. (EDC 8263)
5. Establishes the California Child Day Care Facilities Act to provide a comprehensive, quality system for licensing child day care facilities to ensure that working families have access to healthy and safe child care providers and that child care programs contribute positively to a child's emotional, cognitive, and educational development, and are able to respond to, and provide for, the unique characteristics and needs of children. (Health and Safety Code Section (HSC) 1596.70 et seq.)
6. Subjects all licensed child day care centers to unannounced inspections by DSS, and provides that the department shall visit facilities as often as necessary to ensure the quality of care provided. (HSC 1597.09)
7. Requires annual unannounced inspections when a license is on probation, when required by the terms of a facility compliance plan, when an accusation against a licensee is pending, or to verify that a person who has been ordered out of the facility is no longer present. (HSC 1597.09)
8. Requires DSS to perform random inspections each year in no fewer than 30% of facilities not subject to annual inspections, and requires DSS to visit every licensed child care facility no less than every three years. (HSC 1597.09)
9. Prohibits, in federal regulations, a Head Start program from expelling or un-enrolling a child from Head Start based on the child's behavior and requires a program to prohibit or severely limit the use of suspension due to a child's behavior, as specified. (45 Code of Federal Regulations (CFR) Section 1302.17)
10. Establishes in federal law the Individuals with Disabilities Education Act (IDEA) to ensure the provision of free appropriate public education to children with disabilities that is tailored to meet their needs. (20 United States Code (U.S.C.) Section 1400 et seq.)
11. Defines "individualized family services plan" or "IFSP" in federal law to mean a written plan for each infant or toddler with a disability that is developed by a multidisciplinary team, including the infant's or toddler's parents, and that includes a description of the appropriate transition services for the infant or toddler, as specified. (20 U.S.C. Section 1436)
12. Defines "individualized education program" or "IEP" in federal law to mean a written statement for each child with a disability that is developed, reviewed, and revised as specified. (20 U.S.C. Section 1414 (d))

FISCAL EFFECT: According to the Senate Appropriations Committee on September 1, 2017, this bill may result in the following costs:

1. CDE estimates one-time General Fund costs of approximately $120,000 for various administrative activities as a result of this measure; and
2. The bill's requirement that State Preschool providers take specified steps to address students' behaviors prior to expelling or unenrolling them will create unknown, but potentially significant local costs for providers.

COMMENTS:

California State Preschool Program: AB 2759 (Jones), Chapter 308, Statutes of 2008, consolidated funding for State Preschool, Prekindergarten and Family Literacy, and General Child Care serving eligible three- and four-year-olds into the California State Preschool Program (State Preschool). State Preschool provides both part-day and full-day services to eligible three- and four-year-olds, including: developmentally appropriate curriculum, parent education, meals and snacks, and referral to social and health services for families. Children are eligible for state preschool if their families are one of the following: current aid recipients, income eligible, homeless, or one in which children are recipients of protective services or children have been identified as being, or at risk of being, abused, neglected, or exploited. These eligibility standards are the same as they are for other components of the subsidized child care system in California. However, there are also some differences between California State Preschool Program (CSPP) and other subsidized child care. For one, state preschool prioritizes four-year-olds for enrollment, and then serves three-year-olds if slots remain after enrolling all eligible four-year-olds. Additionally, parents do not have to be working (or meeting related criteria) to be eligible for state preschool; however, this is a requirement for other child care programs. State preschool also may allow up to 10% of children served to be from families whose incomes exceed the eligibility cut-off by up to 15%. For 2016-17, there are an estimated 101,598 part-day state preschool slots, and an estimated 62,005 full-day slots.

Impacts of suspension and expulsion: While evidence of the disproportionate suspension and expulsion of school-age students of color has been recorded and analyzed for some time, more recently, similar concerning trends have been observed in preschool populations. For the first time, in 2011-12, the U.S. Department of Education Office for Civil Rights' Civil Rights Data Collection included data on preschool suspensions and expulsions, and the findings were troubling. Black children were determined to represent 18% of preschool enrollment, yet constituted 48% of all preschool children receiving more than one out-of-school suspension. Overall, 6% of school districts with children participating in preschool programs reported placing at least one child in out-of-school suspension.

Suspensions and expulsions can have significantly negative, lasting impacts for children. In 2015, the U.S. Departments of Health and Human Services and Education released a "Policy Statement on Expulsion and Suspension Policies in Early Childhood Settings." This statement claims suspension and expulsion can negatively impact a child's development, health, and education. The policy statement goes on to acknowledge that, not only do suspensions and expulsions hold the potential to negatively impact social-emotional and behavioral development, but they also pull children out of the very settings that could benefit them the most: early learning environments. Not only do suspended and expelled children then miss out on the benefits they could gain in those environments, but education professionals lose access to those children and thus, the opportunity to identify the underlying sources of their behavior and the ability to help those children address those underlying issues. Additionally, suspension and expulsion can add to family stresses and burdens. The policy statement contends that: "In many cases, families of children who are expelled do not receive assistance in identifying an alternative placement, leaving the burden of finding another program entirely to the family. There may be challenges accessing another program, particularly an affordable high-quality program. Even in cases where assistance is offered, often there is a lapse in service which leaves families, especially working families, in difficult situations."

Head Start program rules: Since 1965, the U.S. Department of Health and Human Services' Head Start program has provided early childhood education, nutrition, health, and parent involvement services to low-income families; in 2014-15, Head Start Served 1.1 million children ages 0 to 5 and pregnant women across the nation. New requirements related to suspension and expulsion were included in the Head Start Program Performance Standards as of November 7, 2016.

The new requirements, 45 CFR Section1302.17, did two main things: they placed limitations on suspensions and they prohibited expulsions. Regarding suspensions, Head Start programs must now prohibit or severely limit the use of them due to a child's behavior; when they are used, they must be temporary in nature and used only as a last resort in extraordinary circumstances where there is a serious safety threat. Prior to a program determining whether a temporary suspension is necessary, it must engage with a mental health consultant, work with parents, and utilize other appropriate community resources, such as behavior coaches. A Head Start program must help a suspended child return to full participation in all activities as quickly as possible while ensuring child safety.

Regarding expulsions, a Head Start program is prohibited from expelling or unenrolling a child due to the child's behavior. Instead, when a child exhibits continued and serious challenging behaviors, the program must explore all possible steps and document those steps taken to address the issues, and work to facilitate the child's continued safe participation in the program. If after exploring and documenting these steps, it is determined that the child's enrollment in the program presents a continued serious safety threat and that the program is not the most appropriate placement for the child, the Head Start program is required to work to facilitate the child's transition to a more appropriate placement.

Need for this bill: According to the author:

"Recent data shows expulsion occurs frequently in preschool programs across the United States. Nationally, three and four year olds enrolled in Pre-K are expelled 3.2 times more frequently than K-12 students, while California's Pre-K expulsion rates are even higher than the national average.

Furthermore, Pre-K expulsion disproportionately affects children of color. Recent studies show that African American children are twice as likely to be expelled as Latino and white children, and five times more likely to be expelled than their Asian American peers. The disparity is severe for African American four-year-old boys. This demographic is more likely to be 'pushed out' of Pre-K at a time when their need for support is crucial.

Without adequate safeguards for children enrolled in preschool and other child care and developmental services, cycles of inequity will continue to persist for lower income communities. High quality preschool programs are aiming to close the achievement gap between low income students and their middle and high income peers; however, it is deeply concerning that Pre-K expulsions occur at such a high rate.

[This bill] will help prevent children from being unnecessarily expelled or unenrolled from the California State Preschool Program. It prohibits California State Preschool from expelling or unenrolling a child for challenging behaviors except in narrow circumstances. The bill creates a process, modeled after recently adopted US Department of Health and Human Services' guidelines for the federal Head Start programs, for addressing persistent and serious challenging behaviors and reduces other incentives to expel a child. The process includes participation from the child's parents, teacher, and other appropriate agencies, to ensure steps are taken to maintain the child's safe participation in the program. However, the bill allows for a more suitable placement if continued enrollment would present a serious safety threat."

PRIOR LEGISLATION:

AB 2759 (Jones), Chapter 308, Statutes of 2008, established the California State Preschool Program, consolidating the State Preschool program, and the portion of the general child care and development program that served three- and four-year-olds into one preschool program.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0001961

 THIRD READING  

Bill No: AB 752

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 6/21/17

AYES: Allen, Galgiani, Leyva, Mendoza, Pan, Vidak

NO VOTE RECORDED: Wilk

SENATE HUMAN SERVICES COMMITTEE: 7-0, 7/11/17

AYES: Wiener, Berryhill, Glazer, Leyva, McGuire, Nguyen, Portantino

SENATE APPROPRIATIONS COMMITTEE: 6-0, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Nielsen, Wiener

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 76-0, 5/26/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Kidango

DIGEST:

This bill prohibits State Preschool providers from expelling or disenrolling a child as a result of the child’s behavior.

ANALYSIS:

Existing law:

1. Defines “California state preschool program” as part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year old children. (Education Code § 8208)
2. Requires the Superintendent of Public Instruction to administer all California state preschool programs, which are to include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year old children in education development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. (EC § 8235)
3. Prohibits, pursuant to federal regulations, a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior. (Code of Federal Regulations, Title 45, §1302.17)
4. Provides that three- and four-year old children are eligible for state preschool if the family meets at least one of the following criteria:
   1. A current aid recipient;
   2. Income eligible;
   3. Homeless; or
   4. One whose children are recipients of protective services, or identified as being, or at risk of being, abused, neglected, or exploited. (EC § 8235 and § 8263)
5. Establishes the California Child Day Care Facilities Act to provide a comprehensive, quality system for licensing child day care facilities to ensure that working families have access to healthy and safe child care providers and that child care programs contribute positively to a child's emotional, cognitive, and educational development, and are able to respond to, and provide for, the unique characteristics and needs of children. (Health and Safety Code § 1596.70 et seq.)
6. Authorizes, when the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in violation of the California Child Day Care Facilities Act or of the rules and regulations promulgated under the California Child Day Care Facilities Act, the agency to issue a citation to, or impose penalties on, the facility. Existing law requires the Department of Social Services (DSS) to distinguish between types of violations in relation to the immediate risk to the health, safety, or personal rights of the children in care. (HSC § 1596.893b)
7. Requires civil penalties to be imposed only after the day care licensee fails to correct the violation in the specified time period. (HSC § 1596.893b)

This bill prohibits State Preschool providers from expelling or disenrolling a child as a result of the child’s behavior. Specifically, this bill:

1. Prohibits a contracting agency from expelling or un-enrolling a child because of a child’s behavior, except as provided in # 7.
2. Requires the contracting agency to expeditiously pursue and document reasonable steps to maintain the child’s safe participation in the program if a child exhibits persistent and serious challenging behaviors. This bill provides that reasonable steps include but are not limited to consulting with the child’s parents or legal guardians and teacher.
3. Requires the contracting agency to inform the parents or legal guardians of a child exhibiting persistent and serious challenging behaviors of the process provided pursuant to this bill.
4. Requires the contracting agency, if the child has an individualized family service plan (IFSP) or individualized education program (IEP), to contact (with parental consent) the agency responsible for the IFSP or IEP to seek consultation on serving the child.
5. Requires the contracting agency, if the child does not have an IFSP or IEP, to consider, if appropriate, completing a universal screening of the child, including but not limited to screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program before referring the child’s parents or legal guardians to the local agency responsible for implementing the federal Individuals with Disabilities Education Act.
6. Requires the contracting agency refer the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community, if a contracting agency has done both of the following:
   1. Explored and documented reasonable steps to maintain the child’s safe participation in the program.
   2. Determines, in consultation with the parents or legal guardians, the child’s teacher, and if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act, that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children.
7. Authorizes the contracting agency to unenroll the child once the criteria in # five are met.
8. Provides that a contracting agency has up to 180 days to complete the process described above.
9. Requires the DSS to consider, in determining whether to issue a citation or impose a civil penalty to a child day care facility that contracts with the California Department of Education (CDE), whether the child day care facility is in the process of complying with the provisions of this bill.
10. Applies the provisions of this bill only to the California state preschool program.
11. States legislative intent to significantly reduce the expulsion or un-enrollment of children due to challenging behaviors from the California State Preschool Program.
12. States legislative findings and declarations relative to the damaging effects of expulsion on young children.

Comments

1. California State Preschool Program. State Preschool provides both part-day and full-day services to eligible three- and four-year-olds, including: developmentally appropriate curriculum, parent education, meals and snacks, and referral to social and health services for families. State Preschool can be offered in various settings, including child care centers, family child care network homes, school districts, or county offices of education. Approximately two-thirds of children in State Preschool are served by local education agencies, and the remaining one-third are served by community-based organizations. State Preschool programs must have a 1:8 adult-to-child ratio, and a 1:24 teacher-to-child ratio; teachers must have a Child Development Teacher Permit, which includes 24 units in early childhood education and/or child development and 16 general education units.
2. Enough discretion? This bill prohibits a state preschool program from expelling or un-enrolling a child because of a child’s behavior, unless the program has (a) explored and documented reasonable steps to maintain the child’s safe participation, and (b) determined that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children. It appears that this bill allows for the unenrollment of a student that poses a threat if the state preschool program has explored and documented reasonable steps to maintain the child’s safe participation in the program.
3. Consistent with Head Start program rules. Existing federal regulations prohibit a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior. The United States Department of Health and Human Services issued a memo to the field in November 2016, that highlights the requirements and includes a policy statement related to expulsion and suspension in early childhood settings. This bill is closely aligned with the federal regulations and federal policy statement. [https://www.acf.hhs.gov/occ/

resource/im-2016-03]

1. Heard in the Senate Human Services Committee. This bill was heard in the Senate Education and Human Services committees. Please refer to those committees’ policy analyses for additional information.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

1. The CDE estimates one-time General Fund costs of approximately $120,000 for various administrative activities as a result of this measure.
2. The bill’s requirement that State Preschool providers take specified steps to address students’ behaviors prior to expelling or disenrolling them will create unknown, but potentially significant local costs for providers.

SUPPORT: (Verified 9/1/17)

Kidango (source)

American Academy of Pediatrics, California

California Child Development Administrators Association

Children’s Defense Fund, California

Congregation Beth Am

Early Edge California

Fight Crime: Invest in Kids

First 5 Association

First 5 California

First 5 LA

Mexican American Legal Defense and Educational Fund

National Association of Social Workers, California Chapter

Santa Clara County Office of Education

United Domestic Workers of America – American Federation of State, County,

Municipal Employees Local 3930

Valley Industry and Commerce Association

OPPOSITION: (Verified 9/1/17)

None received

ASSEMBLY FLOOR: 76-0, 5/26/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon

NO VOTE RECORDED: Chau, Eggman, Steinorth, Waldron

Prepared by:

9/2/17 13:37:35

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 752 (Rubio) - Child care: state preschool programs: expulsion

Bill Summary:

This bill prohibits State Preschool providers from expelling or disenrolling a child as a result of the child’s behavior unless it is determined that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2017

Fiscal Impact:

• The California Department of Education estimates one-time General Fund costs of approximately $120,000 for various administrative activities as a result of this measure.
• The bill’s requirement that State Preschool providers take specified steps to address students’ behaviors prior to expelling or disenrolling them will create unknown, but potentially significant local costs for providers.

Author Amendments:

Require the Department of Social Services to consider, in determining whether to issue a citation or impose a civil penalty on a child day care facility, whether the facility is in the process of complying with the procedures established by the bill.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 752 (Rubio) - Child care: state preschool programs: expulsion

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill prohibits State Preschool providers from expelling or disenrolling a child as a result of the child’s behavior unless it is determined that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, as specified.

Fiscal Impact:

• The California Department of Education estimates one-time General Fund costs of approximately $120,000 for various administrative activities as a result of this measure.
• The bill’s requirement that State Preschool providers take specified steps to address students’ behaviors prior to expelling or disenrolling them will create unknown, but potentially significant local costs for providers.

Background:

Existing law defines “California state preschool program” as part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year old children. Existing law requires the Superintendent of Public Instruction to administer all California state preschool programs, which are to include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year old children in education development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development.

Further, existing law provides that three- and four-year old children are eligible for state preschool if the family meets at least one of the following criteria: a current aid recipient; income eligible; homeless; or one whose child is a recipient of protective services, or identified as being, or at risk of being, abused, neglected, or exploited.

Existing law establishes the California Child Day Care Facilities Act to provide a comprehensive, quality system for licensing child day care facilities to ensure that working families have access to healthy and safe child care providers and that child care programs contribute positively to a child's emotional, cognitive, and educational development, and are able to respond to, and provide for, the unique characteristics and needs of children.

Existing law also authorizes, when the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in violation of the California Child Day Care Facilities Act or of the rules and regulations promulgated under the California Child Day Care Facilities Act, the agency to issue a citation to, or impose penalties on, the facility. Existing law requires the Department of Social Services to distinguish between types of violations in relation to the immediate risk to the health, safety, or personal rights of the children in care.

Existing law prohibits, pursuant to federal regulations, a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior. Federal regulations state that a Head Start program is prohibited from expelling or un-enrolling a child due to the child’s behavior. Instead, when a child exhibits continued and serious challenging behaviors, the program must explore all possible steps and document the steps taken to address the issues, and work to facilitate the child’s continued safe participation in the program. If after exploring and documenting these steps, it is determined that the child’s enrollment in the program presents a continued serious safety threat and that the program is not the most appropriate placement for the child, the Head Start program is required to work to facilitate the child’s transition to a more appropriate placement.

Proposed Law:

This bill prohibits a contracting agency from expelling or un-enrolling a child because of a child’s behavior, except as authorized below. This bill requires the contracting agency, if a child exhibits persistent and serious challenging behaviors, to pursue and document reasonable steps to maintain the child’s safe participation in the program. The contracting agency shall also inform the parents or legal guardians of such a child.

This bill requires the contracting agency, if the child has an individualized family service plan (IFSP) or individualized education program (IEP), to contact (with parental consent) the agency responsible for the IFSP or IEP to seek consultation on serving the child. If the child does not have an IFSP or IEP, the contracting agency shall consider completing a universal screening of the child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program before referring the child’s parents or legal guardians to the local agency responsible for implementing the federal Individuals with Disabilities Education Act.

This bill requires the contracting agency to refer the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community, if a contracting agency has done both of the following:

1. Pursued and documented reasonable steps to maintain the child’s safe participation in the program.
2. Determines, in consultation with the parents or legal guardians, the child’s teacher, and if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act, that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children.
   

This bill authorizes the contracting agency to unenroll the child once these criteria are met.

This bill also provides that a contracting agency has 180 days to complete the process described above.

This bill applies its provisions only to the California state preschool program.

This bill also states legislative intent to significantly reduce the expulsion or un-enrollment of children due to challenging behaviors from the California State Preschool Program and includes findings and declarations relative to the damaging effects of expulsion on young children.

Staff Comments:

The bill creates a process, modeled after recently adopted United States Department of Health and Human Services (DHHS) guidelines for the federal Head Start programs, for addressing persistent and serious challenging behaviors. It seeks to reduce other incentives to expel a child, and allows for a more suitable placement if continued enrollment would present a serious safety threat. The United States DHHS issued a memo in November 2016 that highlights the requirements and includes a policy statement related to expulsion and suspension in early childhood settings.

“States are strongly encouraged to establish statewide policies, applicable across settings, including publicly and privately funded early childhood programs, to promote children’s social-emotional and behavioral health and eliminate or severely limit the use of expulsion, suspension, and other exclusionary discipline practices,” the policy said, “These exclusionary measures should be used only as a last resort in extraordinary circumstances where there is a determination of a serious safety threat that cannot otherwise be reduced or eliminated by the provision of reasonable modifications.”

In establishing this process, the bill imposes prescriptive procedures that State Preschool providers must take for children exhibiting persistent and challenging behaviors. For example, a provider would be required to pursue and document reasonable steps to maintain the child’s safe participation in the program and also inform the parents or legal guardians of the child. Further, the bill requires the provider to refer the parents to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community prior to unenrolling the child. Providers will likely incur additional staff time to perform these activities and train staff as necessary. Additionally, the bill requires that a provider consider completing a universal screening of the child, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program. While not required, there could be additional local costs, likely to be significant, for providers to offer these activities if they elect to do so.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 752

Subject: Child care: expulsion

SUMMARY

This bill prohibits a California State Preschool Program contracting agency from expelling or un-enrolling a child due to behavior, unless certain steps are taken. It prohibits the California Department of Social Services (CDSS) from issuing a citation or civil penalty for a violation solely related to the behavior of a child while those steps are being taken and authorizes an appeal process for such citations, as specified.

ABSTRACT

Existing law:

1. Establishes the Head Start program for the purpose of promoting the school readiness of low-income children by enhancing their cognitive, social, and emotional development. (42 USC 9801 et seq.)
2. Prohibits, in federal regulations, a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior and requires a program to prohibit or severely limit the use of suspension due to a child’s behavior, as specified. (45 CFR 1302.17)
3. Establishes the Individuals with Disabilities Education Act (IDEA) to ensure the provision of free appropriate public education to children with disabilities that is tailored to meet their needs. (20 USC 1400 et seq.)
4. Defines “individualized education program” (IEP) to mean a written statement for each child with a disability that is developed, reviewed, and revised as specified. (20 USC 1414 (d))
5. Defines “individualized family services plan” (IFSP) to mean a written plan for each infant or toddler with a disability that is developed by a multidisciplinary team, including the infant’s or toddler’s parents, and that includes a description of the appropriate transition services for the infant or toddler, as specified. (20 USC 1436)
6. Defines “California state preschool program” as part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year old children. (EDC 8208 (ad))
7. Defines “child care and development programs” as programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care homes, including State Preschool. (EDC 8208 (i))
8. Requires the Superintendent of Public Instruction to administer all state preschool programs, which include but are not limited to, part-day age- and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children. (EDC 8235(a))
9. Establishes the California Child Day Care Facilities Act to provide a comprehensive, quality system for licensing child day care facilities to ensure that working families have access to healthy and safe child care providers and that child care programs contribute positively to a child's emotional, cognitive, and educational development, and are able to respond to, and provide for, the unique characteristics and needs of children. (HSC 1596.70 et seq.)
10. Authorizes CDSS to issue a citation or impose penalties on a facility when CDSS has reason to believe that an unlicensed day care facility is operating or that a day care facility is in violation of the California Child Day Care Facilities Act or of the rules and regulations promulgated under the Act. Further requires CDSS to distinguish between types of violations in relation to the immediate risk to the health, safety, or personal rights of the children in care. (HSC 1596.893b)
11. Requires civil penalties to be imposed only after the day care licensee fails to correct the violation in the specified time period. (HSC 1596.893b)
12. Authorizes a part-day state preschool program to provide services to children in families with incomes up to 15 percent above the income eligibility threshold, as specified, provided all other eligible three- and four-year-olds have been enrolled. Further specifies that no more than 10 percent of the children enrolled under a provider’s entire contract can be children in families above the income eligibility threshold. (EDC 8235(c))
13. Requires families to meet certain criteria in order to be eligible for federal and state subsidized child development services, including that a family must be either a current aid recipient, income eligible, homeless, or one whose children are recipients of protective services or have been identified as being abused, or neglected, as specified. (EDC 8235 and 8263)

This bill:

1. Makes Legislative findings and declarations related to high rates of preschool expulsion, the negative impacts of these expulsions, and the state’s lack of guidelines or regulations regarding expulsion in the California State Preschool Program and states Legislative intent to significantly reduce the expulsion or un-enrollment of children from State Preschool due to challenging behaviors.
2. Prohibits a contracting agency from expelling or un-enrolling a child because of a child’s behavior, except as authorized.
3. Requires the contracting agency to expeditiously pursue and document reasonable steps including, but not limited to, consulting with the child’s parents or legal guardians and teacher, to maintain the child’s safe participation in the program if a child exhibits persistent and serious challenging behaviors.
4. Requires the contracting agency, if the child has an IFSP or IEP, to contact (with parental consent) the agency responsible for the IFSP or IEP to seek consultation on serving the child.
5. Requires the contracting agency, if the child does not have an IFSP or IEP, to consider, if appropriate, completing a universal screening of the child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program before referring the child’s parents or legal guardians to the local agency responsible for implementing the federal Individuals with Disabilities Education Act.
   
6. Requires the contracting agency to refer the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community, and permits the contracting agency to unenroll the child, if a contracting agency has done both of the following:
   
   1. Expeditiously pursued and documented reasonable steps to maintain the child’s safe participation in the program.
   2. Determines, in consultation with the parents or legal guardians, the child’s teacher, and if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act, that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children.
7. Provides that a contracting agency has up to 180 days to complete the process described above.
8. Prohibits the CDSS from issuing a citation or imposing a civil penalty to a child day care facility that contracts with the California Department of Education (CDE) for a violation that is solely related to the behavior of a child when the facility is in the process of complying with the provisions described above.
9. Authorizes a child day care facility that contracts with the CDE to appeal a citation or civil penalty issued by CDSS that is related to the behavior of a child when the facility is in the process of complying with the provisions described above. This bill requires CDSS to withdraw a citation or civil penalty upon presentation of evidence by the child day care facility that the facility was in the process of complying.
10. Authorizes DSS to 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.
11. Applies the provisions of this bill only to the California State Preschool program.
    

FISCAL IMPACT

According to an analysis prepared by the Assembly Appropriations Committee, this bill will likely generate onetime costs to the California Department of Education (CDE) of approximately $120,000 (GF) for administration activities and negligible fiscal impact to CDSS.

BACKGROUND AND DISCUSSION

Purpose of the bill:

Recent data shows that expulsion occurs frequently in preschool programs across the United States. At a rate of 6.7 expulsions per 1,000 children, three and four year olds enrolled in Pre-K are expelled 3.2 times more frequently than K-12 students. California was found to have 7.5 expulsions per 1,000 preschoolers and 2.5 expulsions per 1,000 K-12 students. New Mexico had the highest expulsion rate of 21.1 children per 1,000. Kentucky had the lowest rate of zero per 1,000. California’s ranking was 16th among the 40 states that operate Pre-K programs.

According to the author, “Given the well-established evidence on the benefits for young children of attending a high quality preschool program – particularly in terms of closing the achievement gap between low-income students and their middle- and high-income peers – it is deeply concerning that expulsions occur at such a high rate, affecting children (and their families) at a crucial time in their development.”

This bill prohibits California State Preschool from expelling or un-enrolling a child for challenging behaviors except in narrow circumstances. The bill creates a process, modeled after recently adopted US Department of Health and Human Services’ guidelines for the federal Head Start programs, for addressing persistent and serious challenging behaviors, reduces other incentives to expel a child, and allows for a more suitable placement if continued enrollment would present a serious safety threat.

“Expelled children miss out on crucial learning opportunities and developmental benefits while parents face the challenge of finding alternate care. It is vitally important that we work towards eliminating expulsion in preschool,” per the author.

California State Preschool Program

State Preschool provides part-day and full-day services to eligible three- and four-year-olds, including developmentally appropriate curriculum, parent education, meals and snacks, and referral to social and health services for families. State Preschool can be offered in various settings, including child care centers, family child care network homes, school districts, or county offices of education. Approximately two-thirds of children in State Preschool are served by local education agencies, and the remaining one-third is served by community-based organizations. State Preschool programs must have a 1:8 adult-to-child ratio, and a 1:24 teacher-to-child ratio. Teachers must have a Child Development Teacher Permit, including 24 units in early childhood education and/or child development and 16 general education units.

Children are eligible for State Preschool if their families are current aid recipients, income eligible, homeless, or if the children are recipients of protective services or children have been identified as being, or at risk of being, abused, neglected, or exploited.

Head Start

Head Start and Early Head Start are federal grant programs that promote school readiness of qualified children from birth to age five who are from families with incomes below the poverty guidelines. Children from homeless families and families receiving public assistance such as TANF or SSI are also eligible. Foster children are eligible regardless of their foster family’s income. 

Head Start programs support children’s growth and development through a variety of services, which include early learning, health, and family well-being. Head Start and Early Head Start programs offer a variety of service models, depending on the needs of the local community. Many Head Start and Early Head Start programs are based in centers and schools. Other programs are located in child care centers and family child care homes.  Some programs offer home-based services in which dedicated staff conduct weekly visits to children in their own homes and work with the parent as the child's primary teacher.

More than 88,000 three to five year-olds were served by Head Start in California during the 2015-2016 school year.

Suspension and expulsion

Expulsion is the most severe disciplinary sanction that an educational program can impose on a student. According to a study, “Prekindergarteners Left Behind: Expulsion Rates in State Prekindergarten Systems:”

• The national average expulsion rate was 6.7 per 1,000 children enrolled in pre-K programs.
• California’s average expulsion rate was 7.5 per 1,000 children, which placed California at number 16 of 40 states that offer pre-K programs.
• Boys were expelled at more than 4½ times the rate of girls
• African American preschoolers were expelled at about twice the rate of preschoolers of European descent (both Latino and non-Latino).
• The overall prekindergarten expulsion rate was more than three times higher than in K-12.

In 2011-12, the U.S. Department of Education Office for Civil Rights Data Collection included data on preschool suspensions and expulsions. The data showed that black children were determined to represent 18 percent of preschool enrollment, yet constituted 48 percent of all preschool children receiving more than one out-of-school suspension. Overall, 6 percent of school districts with children participating in preschool programs reported placing at least one child in out-of-school suspension.

The U.S. Departments of Health and Human Services (DHHS) and Education issued a policy statement on Expulsion and Suspension Polices in Early Childhood Settings which states “Recent data indicate that expulsions and suspensions occur at high rates in preschool settings. This is particularly troubling given that research suggests that school expulsion and suspension practices are associated with negative educational and life outcomes. In addition, stark racial and gender disparities exist in these practices, with young boys of color being suspended and expelled much more frequently than other children. These disturbing trends warrant immediate attention from the early childhood and education fields to prevent, severely limit, and work toward eventually eliminating the expulsion and suspension – and ensure the safety and well-being – of young children in early learning settings.”

Head Start program rules on suspension and expulsion

Federal regulations prohibit a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior. The United States DHHS issued a memo in November 2016 that highlights the requirements and includes a policy statement related to expulsion and suspension in early childhood settings.

“States are strongly encouraged to establish statewide policies, applicable across settings, including publicly and privately funded early childhood programs, to promote children’s social-emotional and behavioral health and eliminate or severely limit the use of expulsion, suspension, and other exclusionary discipline practices,” the policy said, “These exclusionary measures should be used only as a last resort in extraordinary circumstances where there is a determination of a serious safety threat that cannot otherwise be reduced or eliminated by the provision of reasonable modifications.”

Per the federal regulations, Head Start programs must now prohibit or severely limit the use of suspensions due to a child’s behavior. When they are used, suspensions must be temporary in nature and used only as a last resort in extraordinary circumstances where there is a serious safety threat. Prior to a program determining whether a temporary suspension is necessary, it must engage with a mental health consultant, work with parents, and utilize other appropriate community resources, such as behavior coaches. A Head Start program must help a suspended child return to full participation in all activities as quickly as possible while ensuring child safety.

Federal regulations state that a Head Start program is prohibited from expelling or un-enrolling a child due to the child’s behavior. Instead, when a child exhibits continued and serious challenging behaviors, the program must explore all possible steps and document the steps taken to address the issues, and work to facilitate the child’s continued safe participation in the program. If after exploring and documenting these steps, it is determined that the child’s enrollment in the program presents a continued serious safety threat and that the program is not the most appropriate placement for the child, the Head Start program is required to work to facilitate the child’s transition to a more appropriate placement.

This bill is closely aligned with the federal regulations and federal policy statement.

Regulation of licensed child care facilities

CCLD is the regulatory and enforcement program within CDSS with the responsibility of protecting the health and safety of children and adults residing in, or spending a portion of their time in, out-of-home care. The objective of CCLD is to ensure all clients are served by licensed facilities that meet established standards for health and safety, which provide a homelike setting with the least restrictive environment for clients. CCLD is responsible for the licensing of all community care facilities – including child day care facilities operating State Preschool programs – and for investigating all complaints against those facilities.

State Preschool programs must comply with CCLD’s health and safety standards. Programs also must adhere to rules set by CDE regarding the classroom environment. CCLD typically conducts site inspections once every three years to monitor compliance with regulations; the division also investigates complaints.

When CDSS finds a licensed community care facility in violation of an applicable law or regulation, the facility may be given a citation, which includes a notice of deficiency that details the reason for the violation, and assesses a civil penalty. The cited facility is generally given the opportunity to correct the violation and submit a Plan of Correction that documents that the violation was corrected within a specified length of time, and, thus, avoids payment of the civil penalty. If the facility fails to correct the deficiency within an established time frame, the fines accumulate daily.

CDSS may issue two types of citations:

• “Type A” citations are for the most serious types of violations, ones which pose an immediate risk to the health, safety, or personal rights of the children in care (these can include lack of care and supervision, access to dangerous chemicals, lack of a fire clearance, for example);
• “Type B” citations are those that, if not corrected, might pose an immediate risk to the health, safety, or personal rights of the children in care (examples include inadequate training of staff and faulty record keeping).

When any citation is issued, it becomes public information. Licensed child day care facilities are required to post a copy of any licensing report that results in a citation for a violation that, if not corrected, will create a direct and immediate risk to the health, safety, or personal rights of the children in care. The report must be posted near the main door to the facility and shall remain posted for 30 consecutive days, as specified. The citation is also disclosed on CDSS website.

Related legislation:

AB 2759 (Jones, Chapter 308, Statutes of 2008) established the California State Preschool Program, consolidating the State Preschool program, and the portion of the general child care and development program that served three- and four-year-olds into one preschool program.

COMMENTS

This bill proposes to suspend CDSS’s authority to issue citations and impose civil penalties – based on child behavior – while the child care facility is in the process of pursuing and documenting reasonable steps to maintain the child’s safe participation in the child care program. The authority to issue citations and assess civil penalties is a fundamental component of many of the state’s regulatory programs. Specific to the oversight of child care facilities, CDSS has authority to issue citations for a number of violations, including those that threaten the health, safety or personal rights of children in the care of the facility. Concerns have been expressed that diminishing that authority could jeopardize the health and safety of young children. Therefore, the committee suggests and the author has agreed to strike the language that restricts CDSS citation and fine authority (as shown below). However, the author and CDSS will continue to discuss an appropriate solution that would remove potential incentives to expel a child due the child’s behavior.

1596.893c.

 (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.

PRIOR VOTES

POSITIONS

Support:

Kidango (Sponsor)

American Academy of Pediatrics

California Child Development Administrative Association

Children’s Defense Fund, California

Congregation Beth Am

Early Edge California

First 5 California

First 5 LA

MALDFF, the Mexican American Legal Defense and Educational Fund

National Association of Social Workers, CA Chapter

The First 5 Association of California

UDW, AFSCME Local 3930

Valley Industry and Commerce Association

Oppose:

None received.

-- END –

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 752 Hearing Date: June 21, 2017

Subject: Child care: expulsion

NOTE: This bill has been referred to the Committees on Education and Human Services. A "do pass" motion should include referral to the Committee on Human Services.

SUMMARY

This bill prohibits State Preschool providers from expelling or disenrolling a child as a result of the child’s behavior.

BACKGROUND

Existing law:

1. Defines “California state preschool program” as part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year old children. (Education Code § 8208)
   
2. Requires the Superintendent of Public Instruction to administer all California state preschool programs, which are to include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year old children in education development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. (EC § 8235)
   
3. Prohibits, pursuant to federal regulations, a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior. (Code of Federal Regulations, Title 45, §1302.17)
   
4. Provides that three- and four-year old children are eligible for state preschool if the family meets at least one of the following criteria:
   
   1. A current aid recipient;
   2. Income eligible;
   3. Homeless; or
   4. One whose children are recipients of protective services, or identified as being, or at risk of being, abused, neglected, or exploited. (EC § 8235 and § 8263)
      
5. Establishes the California Child Day Care Facilities Act to provide a comprehensive, quality system for licensing child day care facilities to ensure that working families have access to healthy and safe child care providers and that child care programs contribute positively to a child's emotional, cognitive, and educational development, and are able to respond to, and provide for, the unique characteristics and needs of children. (Health and Safety Code § 1596.70 et seq.)
   
6. Authorizes, when the licensing agency has reason to believe that an unlicensed day care facility is operating or that a day care facility is in violation of the California Child Day Care Facilities Act or of the rules and regulations promulgated under the California Child Day Care Facilities Act, the agency to issue a citation to, or impose penalties on, the facility. Existing law requires the Department of Social Services to distinguish between types of violations in relation to the immediate risk to the health, safety, or personal rights of the children in care. (HSC § 1596.893b)
   
7. Requires civil penalties to be imposed only after the day care licensee fails to correct the violation in the specified time period. (HSC § 1596.893b)

ANALYSIS

This bill prohibits State Preschool providers from expelling or disenrolling a child as a result of the child’s behavior. Specifically, this bill:

1. Prohibits a contracting agency from expelling or un-enrolling a child because of a child’s behavior, except as provided in # five.
   
2. Requires the contracting agency to pursue and document reasonable steps to maintain the child’s safe participation in the program if a child exhibits persistent and serious challenging behaviors.
   
3. Requires the contracting agency, if the child has an individualized family service plan (IFSP) or individualized education program (IEP), to contact (with parental consent) the agency responsible for the IFSP or IEP to seek consultation on serving the child.
   
4. Requires the contracting agency, if the child does not have an IFSP or IEP, to refer the child’s parents or legal guardians to the local agency responsible for implementing the federal Individuals with Disabilities Education Act.
   
5. Requires the contracting agency refer the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community, if a contracting agency has done both of the following:
   
   1. Explored and documented reasonable steps to maintain the child’s safe participation in the program.
      
   2. Determines, in consultation with the parents or legal guardians, the child’s teacher, and if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act, that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children.
      
6. Authorizes the contracting agency to unenroll the child once the criteria in # five are met.
   
7. Provides that a contracting agency has 180 days to complete the process described above.
   
8. Prohibits the Department of Social Services (DSS) from issuing a citation or impose a civil penalty to a child day care facility that contracts with the California Department of Education (CDE) for a violation that is solely related to the behavior of a child when the facility is in the process of complying with the provisions described above.
   
9. Authorizes a child day care facility that contracts with the CDE to appeal a citation or civil penalty issued by DSS that is related to the behavior of a child when the facility is in the process of complying with the provisions described above. This bill requires the DSS to withdraw a citation or civil penalty upon presentation of evidence by the child day care facility that the facility was in the process of complying.
   
10. Authorizes DSS to issue a citation or impose a civil penalty for a violation related to a child’s behavior if the contracting agency is not pursuing and documenting reasonable steps to maintain the child’s safe participation in the program.
    
11. Applies the provisions of this bill only to the California state preschool program.
    
12. States legislative intent to significantly reduce the expulsion or un-enrollment of children due to challenging behaviors from the California State Preschool Program.
    
13. States legislative findings and declarations relative to the damaging effects of expulsion on young children.

STAFF COMMENTS

1. Need for the bill. According to the author, “Recent data shows expulsion occurs frequently in preschool programs across the United States. With a rate of 6.7 expulsions per 1,000 children, three and four year olds enrolled in Pre-K are expelled 3.2 times more frequently than K-12 students. Pre-K expulsion disproportionately affects children of color. Recent studies show that African American children are twice as likely to be expelled as Latino and white children, and five times more likely to be expelled than their Asian American peers. The disparity is severe for African American four-year old boys. Given the well-established evidence on the benefits for young children of attending a high quality preschool program, particularly in terms of closing the achievement gap, it is deeply concerning that expulsions occur at such a high rate, affecting children (and their families) at a crucial time in their development.”
   
2. California State Preschool Program: State Preschool provides both part-day and full-day services to eligible three- and four-year-olds, including: developmentally appropriate curriculum, parent education, meals and snacks, and referral to social and health services for families. State Preschool can be offered in various settings, including child care centers, family child care network homes, school districts, or county offices of education. Approximately two-thirds of children in State Preschool are served by local education agencies, and the remaining one-third are served by community-based organizations. State Preschool programs must have a 1:8 adult-to-child ratio, and a 1:24 teacher-to-child ratio; teachers must have a Child Development Teacher Permit, which includes 24 units in early childhood education and/or child development and 16 general education units.
   
3. Enough discretion? This bill prohibits a state preschool program from expelling or un-enrolling a child because of a child’s behavior, unless the program has (a) explored and documented reasonable steps to maintain the child’s safe participation, and (b) determined that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children. Opponents cite the need to remove students who pose a threat to other students or themselves. It appears that this bill allows for the unenrollment of a student that poses a threat if the state preschool program has explored and documented reasonable steps to maintain the child’s safe participation in the program.
   
4. Consistent with Head Start program rules. Existing federal regulations prohibit a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior. The United States Department of Health and Human Services issued a memo to the field in November 2016, that highlights the requirements and includes a policy statement related to expulsion and suspension in early childhood settings. This bill is closely aligned with the federal regulations and federal policy statement. https://www.acf.hhs.gov/occ/resource/im-2016-03
5. Technical amendment. The provisions of this bill that prohibit a state preschool program from expelling a child due to behavioral issues are placed in the general provisions of the Child Care and Development Services Act. Staff recommends an amendment to move these provisions to the area of the Education Code that is specific to state preschool programs (Article 7, beginning with Section 8235).

SUPPORT

Kidango (sponsor)

American Academy of Pediatrics, California

California Child Development Administrators Association

Children’s Defense Fund, California

Congregation Beth Am

Early Edge California

Fight Crime: Invest in Kids

First 5 Association

First 5 California

First 5 LA

Mexican American Legal Defense and Educational Fund

National Association of Social Workers, California Chapter

United Domestic Workers of America – AFSCME Local 3930

OPPOSITION

California Federation of Teachers

-- END --

Date of Hearing: May 17, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 752

Author:(Rubio) – As Amended Ver:April 18, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill prohibits a California State Preschool Program contracting agency from expelling or unenrolling a child due to behavior unless certain steps are taken, and prohibits the Department of Social Services (DSS) from issuing a citation or civil penalty for a violation solely related to the behavior of a child while those steps are being taken. Specifically, this bill:

1. Prohibits a State Preschool contracting agency from expelling or unenrolling a child because of a child’s behavior except when the contracting agency has explored and documented reasonable steps to maintain the child’s safe participation in the program and determined, in consultation with specified entities including the child’s parents or legal guardians, that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, at which point the contracting agency must refer the parents or legal guardians to other resources or placements, as specified, and then may unenroll the child.
2. Requires a State Preschool contracting agency, if a child exhibits continuing and serious challenging behaviors, to pursue and document reasonable steps to maintain the child’s safe participation in the program, as specified.
3. Requires a State Preschool contracting agency to complete the process of exploring, pursuing, and documenting reasonable steps to maintain a child’s safe participation in the program, and taking other related steps as proposed by this bill, within 180 days.
4. Prohibits the Department of Social Services (DSS) from issuing a citation or imposing a civil penalty pursuant to the California Child Day Care Facilities Act to a State Preschool contracting facility for a violation that is solely related to the behavior of a child when the facility is in the process of complying with the provisions of this bill.

FISCAL EFFECT:

1. Onetime costs to the California Department of Education (CDE) of approximately $120,000 (GF) for administration activities.
2. Negligible fiscal impact to DSS.

COMMENTS:

1. Purpose. According to the author:

“Recent data shows expulsion occurs frequently in preschool programs across the United States. Nationally, three and four year olds enrolled in Pre-K are expelled 3.2 times more frequently than K-12 students, while California’s Pre-K expulsion rates are even higher than the national average.

“Furthermore, Pre-K expulsion disproportionately affects children of color. Recent studies show that African American children are twice as likely to be expelled as Latino and white children, and five times more likely to be expelled than their Asian American peers. The disparity is severe for African American four-year-old boys. This demographic is more likely to be ‘pushed out’ of Pre-K at a time when their need for support is crucial.

“[This bill] will help prevent children from being unnecessarily expelled or unenrolled from the California State Preschool Program. It prohibits California State Preschool from expelling or unenrolling a child for challenging behaviors except in narrow circumstances. The bill creates a process, modeled after recently adopted US Department of Health and Human Services’ guidelines for the federal Head Start programs, for addressing persistent and serious challenging behaviors and reduces other incentives to expel a child. The process includes participation from the child’s parents, teacher, and other appropriate agencies, to ensure steps are taken to maintain the child’s safe participation in the program. However, the bill allows for a more suitable placement if continued enrollment would present a serious safety threat. Additionally, the bill reduces other incentives to expel children with challenging behaviors, including prohibiting provider penalties related to a child’s behavior while the process is underway.”

1. Background. Within the Community Care Licensing Division (CCLD), the Child Care Licensing Program, through 14 Regional Offices located across the state, provides oversight and enforcement for child care centers and family day care homes. State Preschool programs must comply with CCLD’s health and safety standards. CCLD typically conducts site inspections once every three years to monitor compliance with regulations; they also investigate complaints and issue citations.

The U.S. Department of Health and Human Services’ Head Start program provides early childhood education, nutrition, health, and parent involvement services to low-income families. New requirements related to suspension and expulsion were included in the Head Start Program Performance Standards as of November 7, 2016. The new requirements placed limitations on suspensions and they prohibited expulsions.

This bill seeks to reduce expulsions by applying similar provisions to the State Preschool Program.

1. Prior Legislation. AB 2759 (Jones), Chapter 308, Statutes of 2008, established the California State Preschool Program, consolidating the State Preschool program, and the portion of the general child care and development program that served three- and four-year-olds into one preschool program.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 752 (

Author:Rubio) – As Amended Ver:April 18, 2017

SUBJECT: Child care: expulsion

SUMMARY: Prohibits a California State Preschool Program contracting agency from expelling or unenrolling a child due to behavior unless certain steps are taken, and prohibits the Department of Social Services (DSS) from issuing a citation or civil penalty for a violation solely related to the behavior of a child while those steps are being taken.

Specifically, this bill:

1. Makes Legislative findings and declarations related to high rates of preschool expulsion, the negative impacts of these expulsions, and the state’s current lack of guidelines or regulations regarding expulsion in the California State Preschool Program (State Preschool), and states Legislative intent to significantly reduce the expulsion or unenrollment of children from State Preschool due to challenging behaviors.
2. Prohibits a State Preschool contracting agency from expelling or unenrolling a child because of a child’s behavior except in instances when the contracting agency has explored and documented reasonable steps to maintain the child’s safe participation in the program and determined, in consultation with specified entities including the child’s parents or legal guardians, that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, at which point the contracting agency must refer the parents or legal guardians to other resources or placements, as specified, and then may unenroll the child.
3. Requires a State Preschool contracting agency, if a child exhibits continuing and serious challenging behaviors, to pursue and document reasonable steps to maintain the child’s safe participation in the program and to do the following:
   1. For a child with an individualized family service plan (IFSP) or individualized education program (IEP), with written parental consent, contact the agency responsible for the IFSP or IEP to seek consultation on serving the child; or
   2. For a child that does not have an IFSP or IEP, refer the child’s parents or legal guardians to the local agency responsible for implementing the Individuals with Disabilities Education Act (IDEA).
4. Requires a State Preschool contracting agency to complete the process of exploring, pursuing, and documenting reasonable steps to maintain a child’s safe participation in the program, and taking other related steps as proposed by this bill, within 180 days.
5. Prohibits the Department of Social Services (DSS) from issuing a citation or imposing a civil penalty pursuant to the California Child Day Care Facilities Act to a State Preschool contracting facility for a violation that is solely related to the behavior of a child when the facility is in the process of complying with the provisions of this bill that require a State Preschool contracting agency to complete the process of exploring, pursuing, and documenting reasonable steps to maintain the safe participation in the program of a child demonstrating challenging behaviors, as specified.
6. Permits a State Preschool contracting facility to appeal a citation or civil penalty issued by DSS that is related to the behavior of a child when the facility is in, and requires DSS to withdraw a citation or civil penalty that is solely related to the behavior of a child upon presentation of evidence by the facility that it was in, the process of exploring, pursuing, and documenting reasonable steps to maintain the safe participation in the program of a child demonstrating challenging behaviors, as specified.
7. Maintains DSS’s authority to issue a citation or impose a civil penalty for a violation related to a child’s behavior if a State Preschool contracting agency is not pursuing and documenting reasonable steps to maintain the child’s safe participation in the program.

EXISTING LAW:

1. Defines “California State Preschool Program” to mean part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year olds, and includes the California State Preschool Program under the definition of “child care and development programs” which offer a full range of services for children from 0 to 13 years of age, as specified. (EDC 8208 (i) and (ad))
2. Requires the Superintendent of Public Instruction to administer all state preschool programs, which include, but are not limited to, part-day age- and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. (EDC 8235(a))
3. Authorizes a part-day state preschool program to provide services to children in families with incomes up to 15% above the income eligibility threshold, as specified, provided all other eligible three- and four-year-olds have been enrolled. Further specifies that no more than 10% of the children enrolled under a provider’s entire contract can be children in families above the income eligibility threshold. (EDC 8235(c))
4. Requires families to meet certain criteria in order to be eligible for federal and state subsidized child development services, including that a family must be either a current aid recipient, income eligible, homeless, or one whose children are recipients of protective services or have been identified as being abused, or neglected, as specified. (EDC 8263)
5. Establishes the California Child Day Care Facilities Act to provide a comprehensive, quality system for licensing child day care facilities to ensure that working families have access to healthy and safe child care providers and that child care programs contribute positively to a child's emotional, cognitive, and educational development, and are able to respond to, and provide for, the unique characteristics and needs of children. (HSC 1596.70 et seq.)
6. Subjects all licensed child day care centers to unannounced inspections by DSS, and provides that the department shall visit facilities as often as necessary to ensure the quality of care provided. (HSC 1597.09)
7. Requires annual unannounced inspections when a license is on probation, when required by the terms of a facility compliance plan, when an accusation against a licensee is pending, or to verify that a person who has been ordered out of the facility is no longer present. (HSC 1597.09)
8. Requires DSS to perform random inspections each year in no fewer than 30% of facilities not subject to annual inspections, and requires DSS to visit every licensed child care facility no less than every 3 years. (HSC 1597.09)
9. Prohibits, in federal regulations, a Head Start program from expelling or un-enrolling a child from Head Start based on the child’s behavior and requires a program to prohibit or severely limit the use of suspension due to a child’s behavior, as specified. (45 CFR §1302.17)
10. Establishes in federal law the Individuals with Disabilities Education Act (IDEA) to ensure the provision of free appropriate public education to children with disabilities that is tailored to meet their needs. (20 U.S.C. §1400 et seq.)
11. Defines “individualized family services plan” or “IFSP” in federal law to mean a written plan for each infant or toddler with a disability that is developed by a multidisciplinary team, including the infant’s or toddler’s parents, and that includes a description of the appropriate transition services for the infant or toddler, as specified. (20 U.S.C. §1436)
12. Defines “individualized education program” or “IEP” in federal law to mean a written statement for each child with a disability that is developed, reviewed, and revised as specified. (20 U.S.C. §1414 (d))

FISCAL EFFECT: Unknown.

COMMENTS:

California State Preschool Program: AB 2759 (Jones), Chapter 308, Statutes of 2008, consolidated funding for State Preschool, Prekindergarten and Family Literacy, and General Child Care serving eligible three- and four-year-olds into the California State Preschool Program (State Preschool). State Preschool provides both part-day and full-day services to eligible three- and four-year-olds, including: developmentally appropriate curriculum, parent education, meals and snacks, and referral to social and health services for families. State Preschool can be offered in various settings, including child care centers, family child care network homes, school districts, or county offices of education. Approximately two-thirds of children in State Preschool are served by local education agencies (LEAs), and the remaining one-third are served by community-based organizations. State Preschool programs must have a 1:8 adult-to-child ratio, and a 1:24 teacher-to-child ratio; teachers must have a Child Development Teacher Permit, which includes 24 units in early childhood education and/or child development and 16 general education units.

Children are eligible for state preschool if their families are one of the following: current aid recipients, income eligible, homeless, or one in which children are recipients of protective services or children have been identified as being, or at risk of being, abused, neglected, or exploited. These eligibility standards are the same as they are for other components of the subsidized child care system in California. However, there are also some differences between CSPP and other subsidized child care. For one, state preschool prioritizes four-year-olds for enrollment, and then serves three-year-olds if slots remain after enrolling all eligible four-year-olds. Additionally, parents do not have to be working (or meeting related criteria) to be eligible for state preschool; however, this is a requirement for other child care programs. State preschool also may allow up to 10% of children served to be from families whose incomes exceed the eligibility cut-off by up to 15%.

For 2016-17, there are an estimated 101,598 part-day state preschool slots, and an estimated 62,005 full-day slots. State Preschool slots have been increased in the state budget in recent years, with the 2014 Budget Act providing 11,500 part-day slots, the 2015 Budget Act providing 7,000 full-day slots, and the 2016 Budget Act providing 3,000 full-day slots (however, CDE has issued a number of part-day slots in lieu of full-day slots due to low provider application rates for full-day slots).

Child care licensing: The Community Care Licensing Division (CCLD) within DSS licenses a variety of non-medical facilities, both residential and non-residential, serving vulnerable individuals throughout the state. These facilities include: child care centers, family child care homes, adult day care facilities, foster family care homes, other children’s residential facilities, and adult and senior residential facilities. There are over 73,000 licensed care facilities in the state, with the capacity to serve 1.7 million Californians.

Within CCLD, the Child Care Licensing Program, through 14 Regional Offices located across the state, is engaged in oversight and enforcement for child care centers and family day care homes. According to DSS:

“The core mission of the Child Care Licensing Program is to ensure the health and safety of children in care. The Child Care Licensing Program strives to provide preventive, protective, and quality services to children in care by ensuring that licensed facilities meet established health and safety standards through monitoring facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community….All children and families, regardless of age, ethnicity, cultural background, socioeconomic status, or ability, are afforded the same protections under the law and regulations for child care facilities.” 

State Preschool programs must therefore comply with CCLD’s health and safety standards. (They must also adhere to rules set by CDE regarding the classroom environment.) CCLD typically conducts site inspections once every three years to monitor compliance with regulations; they also investigate complaints. Licensees may receive two types of citations: “Type A” citations are for the most serious types of violations, ones which pose an immediate risk to the health, safety, or personal rights of the children in care (these can include lack of care and supervision, access to dangerous chemicals, lack of a fire clearance, for example); “Type B” citations are those that, if not corrected, might pose an immediate risk to the health, safety, or personal rights of the children in care (examples include inadequate training of staff and faulty record keeping).

Impacts of suspension and expulsion: While evidence of the disproportionate suspension and expulsion of school-age students of color has been recorded and analyzed for some time, more recently, similar concerning trends have been observed in preschool populations. For the first time, in 2011-12, the U.S. Department of Education Office for Civil Rights’ Civil Rights Data Collection included data on preschool suspensions and expulsions, and the findings were troubling. Black children were determined to represent 18% of preschool enrollment, yet constituted 48% of all preschool children receiving more than one out-of-school suspension. Overall, 6% of school districts with children participating in preschool programs reported placing at least one child in out-of-school suspension.

Suspensions and expulsions can have significantly negative, lasting impacts for children. In 2015, the U.S. Departments of Health and Human Services and Education released a “Policy Statement on Expulsion and Suspension Policies in Early Childhood Settings.” This statement claims that:

“Suspension and expulsion can influence a number of adverse outcomes across development, health, and education. Young students who are expelled or suspended are as much as 10 times more likely to drop out of high school, experience academic failure and grade retention, hold negative school attitudes, and face incarceration than those who are not. While much of this research has focused on expulsion and suspension in elementary, middle, and high school settings, there is evidence that expulsion or suspension early in a child’s education is associated with expulsion or suspension in later school grades.”

The policy statement goes on to acknowledge that, not only do suspensions and expulsions hold the potential to negatively impact social-emotional and behavioral development, but they also pull children out of the very settings that could benefit them the most: early learning environments. Not only do suspended and expelled children then miss out on the benefits they could gain in those environments, but education professionals lose access to those children and thus, the opportunity to identify the underlying sources of their behavior and the ability to help those children address those underlying issues. Additionally, suspension and expulsion can add to family stresses and burdens. The policy statement contends that:

“In many cases, families of children who are expelled do not receive assistance in identifying an alternative placement, leaving the burden of finding another program entirely to the family. There may be challenges accessing another program, particularly an affordable high-quality program. Even in cases where assistance is offered, often there is a lapse in service which leaves families, especially working families, in difficult situations.”

Head Start program rules: Since 1965, the U.S. Department of Health and Human Services’ Head Start program has provided early childhood education, nutrition, health, and parent involvement services to low-income families; in 2014-15, Head Start Served 1.1 million children ages 0 to 5 and pregnant women across the nation. New requirements related to suspension and expulsion were included in the Head Start Program Performance Standards as of November 7, 2016. A memo released by the U.S. Department of Health and Human Services on that date not only highlighted the new requirements, but also encouraged Head Start grantees and delegates to adopt practices set forth in the “Policy Statement on Expulsion and Suspension in Early Childhood Settings,” described above.

The new requirements, 45 CFR §1302.17, did two main things: they placed limitations on suspensions and they prohibited expulsions. Regarding suspensions, Head Start programs must now prohibit or severely limit the use of them due to a child’s behavior; when they are used, they must be temporary in nature and used only as a last resort in extraordinary circumstances where there is a serious safety threat. Prior to a program determining whether a temporary suspension is necessary, it must engage with a mental health consultant, work with parents, and utilize other appropriate community resources, such as behavior coaches. A Head Start program must help a suspended child return to full participation in all activities as quickly as possible while ensuring child safety.

Regarding expulsions, a Head Start program is prohibited from expelling or unenrolling a child due to the child’s behavior. Instead, when a child exhibits continued and serious challenging behaviors, the program must explore all possible steps and document those steps taken to address the issues, and work to facilitate the child’s continued safe participation in the program. If after exploring and documenting these steps, it is determined that the child’s enrollment in the program presents a continued serious safety threat and that the program is not the most appropriate placement for the child, the Head Start program is required to work to facilitate the child’s transition to a more appropriate placement.

Need for this bill: According to the author:

“Recent data shows expulsion occurs frequently in preschool programs across the United States. Nationally, three and four year olds enrolled in Pre-K are expelled 3.2 times more frequently than K-12 students, while California’s Pre-K expulsion rates are even higher than the national average.

Furthermore, Pre-K expulsion disproportionately affects children of color. Recent studies show that African American children are twice as likely to be expelled as Latino and white children, and five times more likely to be expelled than their Asian American peers. The disparity is severe for African American four-year-old boys. This demographic is more likely to be ‘pushed out’ of Pre-K at a time when their need for support is crucial.

Without adequate safeguards for children enrolled in preschool and other child care and developmental services, cycles of inequity will continue to persist for lower income communities. High quality preschool programs are aiming to close the achievement gap between low income students and their middle and high income peers; however, it is deeply concerning that Pre-K expulsions occur at such a high rate.

[This bill] will help prevent children from being unnecessarily expelled or unenrolled from the California State Preschool Program. It prohibits California State Preschool from expelling or unenrolling a child for challenging behaviors except in narrow circumstances. The bill creates a process, modeled after recently adopted US Department of Health and Human Services’ guidelines for the federal Head Start programs, for addressing persistent and serious challenging behaviors and reduces other incentives to expel a child. The process includes participation from the child’s parents, teacher, and other appropriate agencies, to ensure steps are taken to maintain the child’s safe participation in the program. However, the bill allows for a more suitable placement if continued enrollment would present a serious safety threat. Additionally, the bill reduces other incentives to expel children with challenging behaviors, including prohibiting provider penalties related to a child’s behavior while the process is underway.”

PRIOR LEGISLATION:

AB 2759 (Jones), Chapter 308, Statutes of 2008, established the California State Preschool Program, consolidating the State Preschool program, and the portion of the general child care and development program that served three- and four-year-olds into one preschool program.

REGISTERED SUPPORT / OPPOSITION:

Support

Children’s Defense Fund

Congregation Beth Am

Early Edge California
Fight Crime: Invest in Kids

Kidango (Sponsor)

MALDEF

National Association of Social Workers, CA Chapter

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089