California 2009-2010 Regular Session

California Senate Bill SCR44 Latest Draft

Bill / Amended Version Filed 03/15/2010

 BILL NUMBER: SCR 44AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 15, 2010 AMENDED IN SENATE AUGUST 26, 2009 AMENDED IN SENATE AUGUST 18, 2009 AMENDED IN SENATE JULY 8, 2009 INTRODUCED BY Senator Corbett MAY 6, 2009 Relative to child care. LEGISLATIVE COUNSEL'S DIGEST SCR 44, as amended, Corbett. Child care. This measure would request the Legislature to  hold one or more joint legislative hearings and requests the State Department of Education to participate in the hearing or hearings, on or before April 1, 2010, to  review California's current regional market rate  methodology and implementation guidelines   survey  for subsidized child care  , as specified  . The bill would also request that all vested stakeholders be included in the planning and implementation process being undertaken by the  department   State Department of Education  to establish new rates or a new rate structure. Fiscal committee: yes. WHEREAS, In 1990, the federal government began a major investment in child care with the passage of the Child Care and Development Block Grant  (CCDBG) Act   Act of 1990 (CCDBG)  (42 U.S.C. Sec. 9858 et seq.); and WHEREAS, In 1996 CCDBG was expanded as part of federal welfare reform legislation called the Personal Responsibility and Work Opportunity Reconciliation Act (PROWORA). At that time, the child care funding component became known as the Child Care and Development Fund (CCDF); and WHEREAS, A vital cornerstone of CCDF funding is parental choice. Allowing families the ability to choose a child care environment that best meets the needs of the child and the family is an integral part of keeping children learning while parents are earning; and WHEREAS, The intent of both the federal and state child care  and development  subsidy programs is to ensure that  families   low-income working families with children from birth to 13 years of age  have equal access to  child care providers who provide child care   providers that provide child care and developmental services  to nonsubsidized families; and WHEREAS, The subsidized child  care   and development  reimbursement system should be based on the current regional market rates of  child care  providers  who   that  provide care to private nonsubsidized families; and  WHEREAS, The subsidized regional market rate ceilings should allow for comparable access to all quality early care and education environments, and the regional market rate ceilings paid should provide adequate access to high-quality infant and toddler care; and   WHEREAS, The subsidized regional market rate ceilings should provide opportunities for families with particular needs to obtain quality child care options, including those families working nontraditional hours, such as nights and weekends or working rotating shifts, and for families with children with special needs; and   WHEREAS, The subsidized regional market rate ceilings should facilitate access to providers trained to work with children with special needs from birth to 21 years of age; and   WHEREAS, The subsidized regional market rate ceilings should make proactive efforts to ensure that all children have access to developmentally, linguistically, and culturally competent child care; and  WHEREAS, California's child care provider reimbursement rate should be updated no less than every two years in accordance with requirements of the United States Department of Health and Human Services and be included as part of California's State Plan; and WHEREAS, The methodology for the California regional market rate survey was last approved in 2005. The methodology approved takes into account 12 different variables  ,  including median home values, median gross rent, median real estate taxes, and median household income; and WHEREAS, The California economy has changed dramatically since the methodology for the regional market rate was approved and these changes may have an adverse impact on the upcoming regional market rate survey; and WHEREAS, By the time California conducts and implements the market rate survey, often it is already  out-of-date   out of date  ; and WHEREAS, Families are disadvantaged  with   by  outdated rates that limit the access to providers who are willing and able to provide quality child care to subsidized children; and WHEREAS, The regulations that govern the implementation of the California regional market rate ceilings can be administratively burdensome and are in need of a more simplified process; and WHEREAS, The regional market rate development process has become inadequate in providing a reasonable rate that affords families access to high quality child care programs and does not always represent the true cost of care; now, therefore, be it  Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature intends to hold one or more joint legislative hearings and requests the State Department of Education to also participate in the joint legislative hearing or hearings to review California's current regional market rate methodology and implementation guidelines, question whether adherence to the current regional market rate system has resulted in sufficient access for working poor families, and execute any recommended changes to the current methodology; and be it further   RESOLVED, by the Senate of the State of California, the Assembly thereof concurring, That the Legislature shall review the regional market rate survey in each year that the survey is not being implemented to determine the following: whether the regional market rate ceilings are adequate to ensure high-quality regional programs; whether the ratesetting system has resulted in sufficient access to child care for working poor families; whether the supply of current licensed child care providers has diminished or expanded compared to previous years; whether the regional market rate ceilings provide access to providers able to provide infant and toddler care, special needs care, and child care during nontraditional hours; and, whether the regional market rate ceilings take into account regional differences so as not to create a bifurcated child care and development delivery system; and be it further  RESOLVED, That the Legislature requests that all vested stakeholders be included in the planning and implementation process being undertaken by the State Department of Education to establish new rates or a new rate structure; and be it further  RESOLVED, That the discussion items include, but not be limited to, the regional market rate history, current methodology, federal and state requirements, and the regulations and implementation guidelines used to implement the regional market rate; and be it further   RESOLVED, That the joint legislative hearing or hearings take place on or before April 1, 2010, so that any recommended changes to the current regional market rate methodology can be considered in budget negotiations; and be it further  Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.