Bill Text: CA AB123 | 2019-2020 | Regular Session | Amended
Bill Title: Early childhood education: childcare and development programs.
Spectrum: Partisan Bill (Democrat 22-1)
Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB123 Detail]
Download: California-2019-AB123-Amended.html
Amended
IN
Senate
August 01, 2020 |
Amended
IN
Senate
July 07, 2020 |
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
March 26, 2019 |
Introduced by Assembly Members McCarty, Berman, Bonta, Burke, Carrillo, Chiu, Chu, Friedman, Eduardo Garcia, Gonzalez, Limón, Reyes, Robert Rivas, Blanca Rubio, Santiago, Smith, Ting, and Wicks (Principal coauthors: Senators Chang, Dodd, Hill, and Wieckowski) (Coauthor: Assembly Member Ramos) |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided.
This bill would authorize a California state preschool program to serve 2-year-old children in extenuating circumstances, including, but not limited to, the unavailability of an alternative placement in an infant and toddler general childcare and development program.
(3)
(4)
(5)
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8208 of the Education Code is amended to read:8208.
As used in this chapter:(a)The Superintendent shall administer all California state preschool programs. Those programs shall include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the Budget Act, and unless otherwise specified by the Legislature, shall not use federal funds made available through Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397).
(b)(1)Three- and four-year-old children are eligible for the part-day California state preschool program if the family meets at least one of the criteria specified in paragraph (1) of subdivision (a) of Section 8263.
(2)To provide continuity of care and developmentally appropriate services, a California state preschool program may serve two-year-old children in extenuating circumstances, including, but not limited to, the unavailability of an alternative placement in an infant and toddler general childcare and development program.
(c)Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as
described in Sections 8263 and 8263.1, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(d)Notwithstanding any other law, after all otherwise eligible children have been enrolled, a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children have been identified as “children with exceptional needs” pursuant to subdivision (l) of Section 8208. Children receiving services pursuant to this subdivision shall not count towards the 10-percent limit of children from families above the income eligibility threshold as specified in subdivision (c).
(e)A
part-day California state preschool program shall operate for a minimum of (1) three hours per day, excluding time for home-to-school transportation, and (2) a minimum of 175 days per year, unless the contract specifies a lower number of days of operation.
(f)Any agency described in subdivision (c) of Section 8208 as an “applicant or contracting agency” is eligible to contract to operate a California state preschool program.
(g)Part-day preschool services shall be reimbursed on a per capita basis, as determined by the Superintendent, and contingent on funding being provided for the part-day preschool services in the annual Budget Act.
(h)Federal Head Start funds used to provide services to families receiving California state preschool services shall be deemed nonrestricted funds.
(i)School districts and charter schools that administer a California state preschool program may place four-year-old children in a transitional kindergarten program classroom in accordance with subdivisions (h) to (j), inclusive, of Section 48000.
SEC. 2.
Section 8209.2 is added to the Education Code, to read:8209.2.
(a) For purposes of this section, “commingled classroom” means a classroom that serves children from 0 to 12 years of age.SEC. 3.
Section 8236.2 of the Education Code is amended to read:8236.2.
(a) The department shall promote full utilization of childcare and development funds and match available unused funds with identified service needs. To promote continuity of care for children and to meet community needs, the department shall allow and arrange intraagency and interagency adjustments between California state preschool contracts and general childcare contracts for the same agency or different agencies and the same funding allocation. The department shall establish timelines for intraagency and interagency contract fund transfers.(a)For purposes of this section, “commingled classroom” means a classroom that serves children from 0 to 12 years of age.
(b)Adjustment factors to the standard reimbursement rate, including those based on child age, as described in Section 8265.5, shall continue to apply irrespective of whether a child is served in a commingled classroom.
(c)During the 2020–2021 fiscal year, the department shall allow a contractor providing services under this chapter to provide those services to children from 0 to 12 years of age in commingled classrooms. If groups of children of varying ages are commingled within a single classroom, the teacher and adult ratios shall be proportionate and
appropriate to the ages and groups of children, as provided in Section 8264.8.
(d)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives.
SEC. 5.SEC. 4.
Section 8263 of the Education Code is amended to read:8263.
(a) (1) The Superintendent shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in both of the following areas:SEC. 6.SEC. 5.
Section 8263.5 is added to the Education Code, to read:8263.5.
(a) If a family is eligible for services under this chapter on the basis of being a current recipient of Medi-Cal or CalFresh, the parent shall provide documentation of current enrollment in CalFresh or Medi-Cal, unless the contractor providing services under this chapter has, and elects to use, other means of obtaining verification of that enrollment. Further proof of income shall not be required for determining the eligibility for services under this chapter. A family may submit a self-certification of income that is signed by the parentSEC. 7.SEC. 6.
Section 8273 of the Education Code is amended to read:8273.
(a) The Superintendent shall establish a fee schedule for families using preschool and childcare and development services pursuant to this chapter, including families receiving services pursuant to paragraph (1) of subdivision (b) of Section 8263. It is the intent of the Legislature that the new fee schedule shall be simple and easy to implement.SEC. 8.SEC. 7.
Section 8450 of the Education Code is amended to read:8450.
(a) All child development contractors are encouraged to develop and maintain a reserve within the child development fund, derived from earned but unexpended funds. Child development contractors may retain all earned funds. For purposes of this section, “earned funds” are those for which the required number of eligible service units have been provided.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.