Creating Positive Early Learning Environments
Reducing Suspension and Expulsion in Child Care: Assembly Bill (AB) 2806
On January 1, 2023, Assembly Bill (AB) 2806 (Chapter 915, Statutes of 2022) added, to Welfare and Institutions Code (WIC), sections 10491 and 10491.1 specific to expulsion and suspension policies and procedures. Effective July 1, 2023, agencies providing services under certain direct-contract child care and development programs must consult with parents or guardians and take specific steps before deciding, due to the child’s behavior, to expel or suspend a child enrolled in these programs. By enacting AB 2806, the state seeks to significantly reduce the expulsion or suspension of children zero to five years of age from direct contract child care and development programs due to serious or persistent behaviors.
Overview of AB 2806
WIC sections 10491 and 10491.1 provide clear definitions for suspension and expulsion in preschool and child care settings serving children from zero to five years of age. The sections prohibit programs from expelling or disenrolling a child due to behavior, except in extraordinary circumstances where there is a serious safety threat that cannot be mitigated without removal. In addition, before considering suspension or expulsion, programs are required to collaborate with parents or legal guardians, utilize community resources, and, if available, engage early childhood mental health consultants to support the child's participation. The bill strengthens early childhood mental health consultation services to support educators in fostering inclusive and supportive environments that promote optimal development and learning for all children. WIC section 10491.1 requires CDSS to create a data collection infrastructure/framework within current reporting structures and publish annual data.
Applicable Child Care and Development Programs
The following programs are subject to WIC sections 10491 and 10491.1 requirements:
Family Child Care Home Education Network (CFCC) contracts, General Child Care and Development (CCTR) contracts, Child Care and Development service for children with severe disabilities (CHAN) contracts, and Migrant Child Care and Development (CMIG) contracts excluding migrant alternative payment programs, and CCTR and CMIG programs that operate through a family child care home education network (FCCHEN).
Future Collection and Publication of Data
Beginning July 1, 2030, and annually thereafter, CDSS must begin collecting data on suspensions and expulsions in early learning and care programs. This provision is subject to appropriation.
Beginning January 1, 2031, and annually thereafter, CDSS must publish aggregate data. This provision is also subject to appropriation.
General Inquiries
For inquiries, please contact the Child Care and Development Division Early Childhood Wellness and Inclusion Team at SECAhelp@dss.ca.gov.