Bill Text: CA AB1038 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Family childcare home education networks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-09-12 - Ordered to inactive file at the request of Senator Dahle. [AB1038 Detail]

Download: California-2023-AB1038-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1038

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Introduced by Assembly Member Reyes

February 15, 2023

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An act to amend Section 1596.893c of the Health and Safety Code, relating to childcare.

LEGISLATIVE COUNSEL'S DIGEST

AB 1038, as introduced, Reyes. California state preschool programs: expulsion.

Existing law prohibits a contracting agency from expelling or unenrolling a child in the California state preschool program because of a child’s behavior, except as provided. The California Child Day Care Facilities Act requires the State Department of Social Services to consider, in determining whether to issue a citation or impose civil liability pursuant to the act to a child daycare facility that contracts with the State Department of Education whether the child daycare facility is in the process of complying with the above law relating to the expelling or unenrolling of a child in the California state preschool program, as provided. Existing law requires that, upon presentation of evidence by the facility that it was in the process of complying with the above law, the department must withdraw all citations or civil penalties.

This bill would require those citations or civil penalties to be withdrawn within 30 days.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1596.893c of the Health and Safety Code is amended to read:

1596.893c.

 (a) The department shall consider, in determining whether to issue a citation or impose a civil penalty under any provision of this chapter to a child daycare facility that contracts with the department or the State Department of Education, whether the child daycare facility is in the process of complying with Section 8489.1 of the Education Code or Section 10491.1 of the Welfare and Institutions Code.

(b) A child daycare facility may appeal a citation or civil penalty issued by the department that is related to the behavior of a child, including the actions of the facility or its staff related to the behavior of a child, if the facility is in the process of complying with Section 8489.1 of the Education Code or Section 10491.1 of the Welfare and Institutions Code. The department shall shall, within 30 days, withdraw all citations or civil penalties upon the presentation of evidence by the facility that it was in the process of complying with Section 8489.1 of the Education Code or Section 10491.1 of the Welfare and Institutions Code.