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        AB 393 - Childcare: Dual Language Learners

        Assembly Bill

        October 8, 2023 |

        AB 393 - An act to amend Section 8241.5 of the Education Code, and to add Section 10209.6 to the Welfare and Institutions Code, relating to childcare.

        Luz Rivas. Childcare: dual language learners.

        Existing law, the Early Education Act, requires the Superintendent of Public Instruction to provide an inclusive and cost-effective preschool program. Existing law requires the Superintendent to develop procedures for state preschool contractors to identify and report data on dual language learners enrolled in a preschool program. Existing law requires these procedures, at minimum, to include a distribution and collection of a family language instrument, as specified, and a family language and interest interview. Existing law requires the reported data to include, among other things, a child’s home language and the language composition of the program staff.

        Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age, which includes various programs and services, including, among others, general childcare and development programs and migrant childcare and development programs.

        This bill would similarly require the Director of Social Services to develop procedures for general or migrant childcare and development contractors to identify and report data on dual language learners enrolled in a general childcare and development program or migrant childcare and development program, as specified, and requires the director to develop informal directives and adopt regulations to implement these provisions. The bill would require the Superintendent and the director to coordinate efforts to implement these provisions.

        The bill would prohibit the use of these provisions to compel a parent or guardian to participate in the data collection procedures described above. The bill would further clarify that a family’s decision to decline to complete the family language instrument or family language and interest interview shall not affect the contract of a state preschool contractor or general or migrant childcare and development contractor. The bill would also specify that these provisions shall not affect the eligibility of a child to enroll in a state preschool program or a general or migrant childcare and development program.

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