(a) The scope of representation shall not extend to the rights of families to select, direct, and terminate the services of family childcare providers. The scope of representation shall be limited to the following:

(1) Improvement of recruitment and retention of providers.

(2) Joint labor-management committees, including the training partnership described in Section 8439.8.

(3) Grievance arbitration.

(4) Professional development and training for providers, including preservice and ongoing inservice training and training on supporting dual language learners in their biliteracy and overall development.

(5) Contributions to a certified provider organization-administered benefit trust fund.

(6) Payment and payment reporting procedures for state-funded early care and education programs.

(7) Reimbursement rates including, but not limited to, rate add-ons for providers who complete additional training; and other economic matters.

(8) The deduction of membership dues and other voluntary deductions authorized by individual providers and allocation of the costs of implementing that deduction system.

(9) Strike and lockout provisions.

(10) Confidentiality of information exchanged between parties consistent with state and federal law.

(11) Management and certified provider organization rights clauses.

(12) Any standard contract clauses necessary to effectuate a memorandum of understanding, including an entire agreement or integration clause, savings clause, or duration clause.

(13) Impacts on providers’ delivery of services, as a result of changes in regulations, rules, or resolutions, including, but not limited to, those that impact providers in regards to licensing and childcare quality measures. However, the decision to promulgate, the content of a regulation, rule, or resolution, and the enforcement of a regulation, rule, or resolution are not within the scope of representation, and shall not be a subject of meeting and negotiating.

(14) The structure, time, and manner of certified provider organization access to preservice meetings and orientations, as set forth in Section 8439.6.

(b) All matters not specifically enumerated are reserved to the state and may not be a subject of meeting and negotiating, except that this section does not limit the right of the state to consult and reach agreement with any certified provider organization on any matter outside the scope of representation. Any matter outside the enumerated subjects listed in this section agreed to by the parties in a memorandum of understanding shall not be considered a mandatory subject of bargaining.

(Added by Stats. 2019, Ch. 385, Sec. 14. (AB 378) Effective January 1, 2020.)