Bill Text: CA AB128 | 2015-2016 | Regular Session | Amended
Bill Title: Education finance.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB128 Detail]
Download: California-2015-AB128-Amended.html
BILL NUMBER: AB 128 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2015
AMENDED IN SENATE AUGUST 24, 2015
INTRODUCED BY Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)
JANUARY 9, 2015
An act to amend Sections 8347.2, 8347.4, 70022, 89007.7, and 89282
of, and to repeal Section 8347.6 of, the Education Code, to
amend Section 58 of Chapter 13 of the Statutes of 2015, and to
amend Items 6100-194-0001 and 6100-194-0890 of Section 2.00 of the
Budget Act of 2015, relating to education finance, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 128, as amended, Committee on Budget. Education finance.
(1) The Child Care and Development Services Act has a purpose of
providing a comprehensive, coordinated, and cost-effective system of
child care and development services for children from infancy to 13
years of age and their parents, including a full range of
supervision, health, and support services through full- and part-time
programs. Existing law requires the Superintendent of Public
Instruction to develop standards for the implementation of quality
child care programs. Existing law authorizes the County of San Mateo,
and as a pilot project, to develop an individualized county child
care subsidy plan, as provided. Existing law requires the County of
San Mateo to submit an annual report, until January 1, 2018, to the
Legislature and other specified entities that summarizes the success
of the plan, among other things. Existing law provides for the repeal
of those provisions on January 1, 2019.
This bill would authorize the County of San Mateo to implement the
individualized county child care subsidy plan indefinitely and would
make conforming changes. The bill would make legislative findings
and declarations regarding the need for special legislation for the
County of San Mateo.
(2) Existing law establishes the Student Aid Commission as the
primary state agency for the administration of state-authorized
student financial aid programs available to students attending all
segments of postsecondary education. The programs administered by the
commission include the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program and the Middle Class Scholarship Program.
The Middle Class Scholarship Program provides that, subject to an
available and sufficient appropriation, commencing with the 2014-15
academic year, an undergraduate student enrolled at the University of
California or the California State University, and meeting certain
requirements, is eligible for a scholarship award that, combined with
other federal, state, and institutionally administered grants and
fee waivers, is for an amount of up to 40% of the systemwide tuition
and fees. Under existing law, to receive an award under the Middle
Class Scholarship Program, a student is required to have an annual
household income that does not exceed $150,000, satisfy specified
requirements for a Cal Grant award, be a California resident or
exempt from paying nonresident tuition, file specified financial aid
forms, timely apply for publicly funded student financial aid for
which he or she is eligible, maintain at least a 2.0 grade point
average, be pursuing his or her first undergraduate baccalaureate
degree or be enrolled in a specified professional teacher preparation
program, and be enrolled at least part-time.
The program provides that a student whose annual income exceeds
$100,000, but does not exceed $150,000, and who otherwise meets the
program requirements, receives a scholarship award that is reduced in
accordance with prescribed calculations.
This bill would require the commission, beginning with the 2016-17
academic year, to annually adjust these calculations to reflect
changes in the cost of living, as defined.
(3) Existing law establishes the California State University,
under the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Existing law requires, commencing on January 1, 2014,
and no later than July 1 of each even-numbered year, that the
Legislative Analyst's Office, in consultation with the university,
submit a report to the Legislature including specified data relating
to the California State University Early Start Program. Existing law
makes these provisions regarding the Early Start Program inoperative
on July 1, 2018.
This bill would instead require the Legislative Analyst's Office
to submit the required report on or before January 1, 2018, rather
than no later than July 1 of each even-numbered year.
(4) Existing law authorizes the California State University to
establish a Doctor of Nursing Practice degree pilot program at 3
campuses chosen by the trustees to award the Doctor of Nursing
Practice degree. Existing law requires the university, the
Legislative Analyst's Office, and the Department of Finance to
jointly conduct a statewide evaluation of the degree pilot program
and report the results to the Legislature and the Governor, in
writing, on or before January 1, 2017. Existing law requires that
evaluation to consider specified subjects. These provisions are
repealed on January 1, 2021.
This bill would delete the requirement of a joint statewide
evaluation of the Doctor of Nursing Practice degree pilot programs.
The bill would instead require California State University to submit
a report on these programs to the Legislature and Governor on or
before March 1, 2016, considering most of the same subjects, except
that the Legislative Analyst's Office would report to the Legislature
on or before January 1, 2017, on the pilot program's compliance with
the law, and with recommendations for the program. The bill would
require the California State University to provide, by July 1, 2016,
the Legislative Analyst's Office with data deemed necessary by the
office for its report.
(5) Existing law establishes the University of California, under
the administration of the Regents of the University of California,
the California State University, under the administration of the
Trustees of the California State University, and the California
Community Colleges, under the administration of the Board of
Governors of the California Community Colleges, as the 3 public
segments of postsecondary education in this state.
Existing law establishes the Office of Planning and Research in
the Office of the Governor to serve the Governor and his or her
Cabinet as staff for long-range planning and research.
The bill would require the Director of the Office of Planning and
Research, or his or her designee, to administer a study to evaluate
the admissions policies used by the University of California and the
California State University and determine the number of students
eligible for admission to those segments. The bill would require the
office to submit a report summarizing the methodology and findings of
this study to the Legislature and the Governor by December 1, 2016.
The bill would provide that the Director of the Office of Planning
and Research would use $1,000,000 appropriated in a specified statute
for its costs pursuant to this provision.
(6) Existing law appropriates $490,000,000 to school
districts, county offices of education, charter schools, and the
state special schools in an equal amount per certificated staff in
the 2014-2015 fiscal year.
This bill would require that the money appropriated above be
in an equal amount per full-time equivalent certificated staff, not
to exceed the total certificated staff count for each eligible local
educational agency, in the 2014-2015 fiscal year. The bill would
require the Superintendent of Public Instruction to make the
calculations for the above appropriation using the data submitted
through the California Longitudinal Pupil Achievement Data System.
(6)
(7) This bill would revise General Fund and federal
trust fund appropriations in the Budget Act of 2015 relating to local
assistance for child care and developmental programs.
(7)
(8) This bill would declare that it is to take effect
immediately as a bill providing for appropriations related to the
Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8347.2 of the Education Code is amended to
read:
8347.2. For purposes of this article, "plan" means an
individualized county child care subsidy plan developed and approved
as described in Section 8347, which includes all of the following:
(a) An assessment to identify the county's goal for its subsidized
child care system. The assessment shall examine whether the current
structure of subsidized child care funding adequately supports
working families in the county and whether the county's child care
goals coincide with the state's requirements for funding,
eligibility, priority, and reimbursement. The assessment shall also
identify barriers in the state's child care subsidy system that
inhibit the county from meeting its child care goals. In conducting
the assessment, the county shall consider all of the following:
(1) The general demographics of families who are in need of child
care, including employment, income, language, ethnic, and family
composition.
(2) The current supply of available subsidized child care.
(3) The level of need for various types of subsidized child care
services, including, but not limited to, infant care, after-hours
care, and care for children with exceptional needs.
(4) The county's self-sufficiency income level.
(5) Income eligibility levels for subsidized child care.
(6) Family fees.
(7) The cost of providing child care.
(8) The regional market rates, as established by the department,
for different types of child care.
(9) The standard reimbursement rate or state per diem for centers
operating under contracts with the department.
(10) Trends in the county's unemployment rate and housing
affordability index.
(b) (1) Development of a local policy to eliminate state-imposed
regulatory barriers to the county's achievement of its desired
outcomes for subsidized child care.
(2) The local policy shall do all of the following:
(A) Prioritize lowest income families first.
(B) Follow the family fee schedule established pursuant to Section
8273 for those families that are income eligible, as defined by
Section 8263.1.
(C) Meet local goals that are consistent with the state's child
care goals.
(D) Identify existing policies that would be affected by the
county's plan.
(E) (i) Authorize any agency that provides child care and
development services in the county through a contract with the
department to apply to the department to amend existing contracts in
order to benefit from the local policy.
(ii) The department shall approve an application to amend an
existing contract if the plan is modified pursuant to Section 8347.3.
(iii) The contract of a department contractor who does not elect
to request an amendment to its contract remains operative and
enforceable.
(3) The local policy may supersede state law concerning child care
subsidy programs with regard only to the following factors:
(A) Eligibility criteria, including, but not limited to, age,
family size, time limits, income level, inclusion of former and
current CalWORKs participants, and special needs considerations,
except that the local policy shall not deny or reduce eligibility of
a family that qualifies for child care pursuant to Section 8353.
Under the local policy, a family that qualifies for child care
pursuant to Section 8354 shall be treated for purposes of eligibility
and fees in the same manner as a family that qualifies for
subsidized child care on another basis pursuant to the local policy.
(B) Fees, including, but not limited to, family fees, sliding
scale fees, and copayments for those families that are not income
eligible, as defined by Section 8263.1.
(C) Reimbursement rates.
(D) Methods of maximizing the efficient use of subsidy funds,
including, but not limited to, multiyear contracting with the
department for center-based child care, and interagency agreements
that allow for flexible and temporary transfer of funds among
agencies.
(c) Recognition that all funding sources utilized by direct
service contractors that provide child care and development services
in the county are eligible to be included in the county's plan.
(d) Establishment of measurable outcomes to evaluate the success
of the plan to achieve the county's child care goals, and to overcome
any barriers identified in the state's child care subsidy system.
SEC. 2. Section 8347.4 of the Education Code is amended to read:
8347.4. (a) The county shall annually prepare and submit to the
Legislature, the State Department of Social Services, and the
department a report that summarizes the success of the county's plan,
and the county's ability to maximize the use of funds and to improve
and stabilize child care in the county.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 3. Section 8347.6 of the Education Code is repealed.
SEC. 4. Section 70022 of the Education Code is amended to read:
70022. (a) (1) Subject to an available and sufficient
appropriation, commencing with the 2014-15 academic year, an
undergraduate student enrolled in the California State University or
the University of California who meets the requirements of paragraph
(2) is eligible for a scholarship award as described in that
paragraph.
(2) Each academic year, except as provided in paragraphs (3) and
(4), an eligible student shall receive a scholarship award in an
amount that, combined with other federal, state, or institutionally
administered student grants or fee waivers received by an eligible
student, is up to 40 percent of the amount charged to that student in
that academic year for mandatory systemwide tuition and fees, if all
of the following requirements are met, to the satisfaction of the
commission, each academic year:
(A) The student's annual household income does not exceed one
hundred fifty thousand dollars ($150,000). For awards distributed for
the 2016-17 academic year and subsequent academic years, the
commission shall annually adjust the maximum income level set under
this subparagraph in accordance with the percentage changes in the
cost of living within the meaning of paragraph (1) of subdivision (e)
of Section 8 of Article XIII B of the California Constitution. For
purposes of this article, annual household income shall be calculated
in a manner that is consistent with the requirements applicable to
the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter
1.7 (commencing with Section 69430)) and Section 69506.
(B) Beginning with awards distributed in the 2015-16 academic
year, the student's household asset level shall not exceed one
hundred fifty thousand dollars ($150,000). For awards distributed in
the 2016-17 academic year and subsequent academic years, the
commission shall annually adjust the maximum household asset level
set under this subparagraph in accordance with the percentage changes
in the cost of living within the meaning of paragraph (1) of
subdivision (e) of Section 8 of Article XIII B of the California
Constitution. For purposes of this article, student's household asset
level shall be calculated in a manner that is consistent with the
requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos
Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and
Section 69506.
(C) The student satisfies the eligibility requirements for a Cal
Grant award pursuant to Section 69433.9, except that a student who is
exempt from nonresident tuition under Section 68130.5 shall not be
required to satisfy the requirements of subdivision (a) of Section
69433.9.
(D) The student is exempt from paying nonresident tuition.
(E) The student completes and submits a Free Application for
Federal Student Aid (FAFSA) application. The FAFSA must be submitted
or postmarked by no later than March 2. If the student is not able to
complete a FAFSA application, the student may satisfy this
subparagraph by submitting an application determined by the
commission to be equivalent to the FAFSA application for purposes of
this article by March 2.
(F) The student makes a timely application or applications for all
other federal, state, or institutionally administered grants or fee
waivers for which the student is eligible.
(G) The student maintains satisfactory academic progress in a
manner that is consistent with the requirements applicable to the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program pursuant to
subdivision (m) of Section 69432.7.
(H) The student is pursuing his or her first undergraduate
baccalaureate degree or has completed a baccalaureate degree and has
been admitted to, and is enrolled in, a program of professional
teacher preparation at an institution approved by the California
Commission on Teacher Credentialing.
(I) The student is enrolled at least part time.
(3) (A) The percentage specified in paragraph (2) shall be reduced
by 0.6-percent increments per one thousand dollars ($1,000) of
annual household income in excess of one hundred thousand dollars
($100,000), to a minimum 10 percent of mandatory systemwide tuition
and fees for an academic year, provided that no scholarship award
shall be provided to a student with an annual household income
exceeding one hundred fifty thousand dollars ($150,000). Beginning
with award calculations for the 2016-17 academic year, and for
subsequent academic years, the commission shall annually adjust the
income levels specified in this subparagraph by the percentage change
in the cost of living within the meaning of paragraph (1) of
subdivision (e) of Section 8 of Article XIII B of the California
Constitution and shall adjust the incremental reduction accordingly
to ensure that a minimum of 10 percent of mandatory systemwide
tuition and fees for an academic year are awarded. This reduction
shall be in addition to any reduction required by Section 70023.
(B) Notwithstanding subparagraph (A), for any student who
qualifies for a scholarship award of at least one dollar ($1), the
minimum annual scholarship amount for full-time enrollment is ninety
dollars ($90).
(4) For the 2014-15, 2015-16, and 2016-17 academic years, the
maximum amount of a student's scholarship award shall be 35 percent,
50 percent, and 75 percent, respectively, of the total scholarship
award amount that the student would otherwise be eligible to receive.
(b) In order for students enrolled in their respective segments to
remain eligible to receive a scholarship award under this article,
the University of California and the California State University
shall not supplant their respective institutional need-based grants
with the funds provided for scholarships under this article, and
shall maintain their funding amounts at a level that, at a minimum,
is equal to the level maintained for undergraduate students during
the 2013-14 academic year.
(c) The University of California and the California State
University shall report on the implementation of this article as part
of the report made pursuant to Section 66021.1.
(d) A Middle Class Scholarship Program award authorized pursuant
to this article shall be defined as a full-time equivalent grant. An
award to a part-time student shall be a fraction of a full-time
grant, as determined by the proportionate amount charged for
systemwide tuition and fees. A part-time student shall not be
discriminated against in the selection of Middle Class Scholarship
Program awards. For purposes of this section, "full-time student" and
"part-time student" have the same meaning as specified in
subdivision (f) of Section 69432.7.
SEC. 5. Section 89007.7 of the Education Code is amended to read:
89007.7. (a) The Legislature finds and declares that the
California State University Early Start Program was adopted pursuant
to Executive Order No. 1048 at the May 2010 meeting of the Trustees
of the California State University (CSU) with the stated goal of
facilitating a student's graduation through changes in policies on
fulfilling entry-level proficiencies in mathematics and English.
(b) On January 1, 2014, and on or before January 1, 2018, the
Legislative Analyst's Office, in consultation with CSU, shall submit
a report to the Legislature detailing the impact of the CSU Early
Start Program on student mathematics and English proficiency. The
report to the Legislature required by this subdivision shall include,
but not necessarily be limited to, all of the following:
(1) Information on how the CSU Early Start Program increases
successful remediation rates as compared to the remediation rates
that existed in the 2010-11 academic year.
(2) Information on how the CSU Early Start Program expedites the
student remediation process, or otherwise reduces the length of time
that students spend on remediation.
(3) Demographic information on participants in the CSU Early Start
Program, including information relating to race or ethnicity,
eligibility for financial aid, geographic origins, and other
pertinent data.
(4) The number of enrollees in the CSU Early Start Program,
counted statewide and by campus, including the number who eventually
earned credit from the program.
(5) As observed one year after participating in the CSU Early
Start Program, counted statewide and by campus, how many enrollees
became proficient, how many did not remediate successfully, and how
many were disenrolled from CSU.
(c) This section shall remain in effect only until July 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.
SEC. 6. Section 89282 of the Education Code is amended to read:
89282. (a) The California State University (CSU) shall report on
the Doctor of Nursing Practice degree pilot programs authorized
pursuant to Section 89281 and implemented under this article. The
report shall be submitted, in writing, to the Legislature and the
Governor on or before March 1, 2016. The report shall consider all of
the following:
(1) The number of Doctor of Nursing Practice degree pilot programs
implemented, including information regarding the number of
applicants, admissions, enrollments, degree recipients,
time-to-degree, and attrition.
(2) The extent to which the post-master's degree pilot programs
are fulfilling identified state needs for training doctorally
prepared nurses.
(3) Statewide supply and demand data that considers capacity at
the University of California and in California's independent colleges
and universities.
(4) Information on the place of employment of students and the
subsequent job placement of graduates.
(5) Any available evidence on the effects that the graduates of
the degree pilot program are having on addressing the state's nursing
shortage.
(6) Pilot program costs and the fund sources that were used to
finance the program, including a calculation of cost per degree
awarded.
(7) The costs of the degree pilot program to students, the amount
of financial aid offered, and student debt levels of graduates of the
program.
(b) The Legislative Analyst's Office shall submit a report to the
Legislature on or before January 1, 2017, that includes both of the
following:
(1) The extent to which the degree pilot program is in compliance
with the requirements of this article.
(2) Recommendations for the degree pilot program, including
whether the program should be continued or modified.
(c) The CSU shall, by July 1, 2016, provide the Legislative
Analyst's Office with data deemed necessary by that office for
fulfilling the requirements of subdivision (b).
(d) (1) The reports submitted pursuant to subdivisions (a) and (b)
shall be submitted in compliance with Section 9795 of the Government
Code.
(2) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 7. (a) (1) The Director of the Office of Planning and
Research, or his or her designee, shall administer a study to
evaluate the admissions policies used by the University of California
and the California State University and determine the number of
students eligible for admission to each of these institutions of
postsecondary education.
(2) The Director of the Office of Planning and Research, or his or
her designee, shall convene a work group that includes, but is not
necessarily limited to, representatives from the University of
California, the California State University, the State Department of
Education, the Department of Finance, and the Legislative Analyst's
Office to consider the overall approach to the study.
(b) The study shall report the number of students eligible for
admission to each segment by race, gender, ethnicity, region, and
income, and shall include an analysis of the factors affecting
eligibility for admission to the University of California and the
California State University for each of those groups.
(c) The Director of the Office of Planning and Research, or his or
her designee, shall submit a report summarizing the methodology and
findings of the study to the Legislature and the Governor by December
1, 2016. The report shall describe whether the University of
California and the California State University are admitting students
as described in the Master Plan for Higher Education in California.
The report shall also include a discussion of any adjustments the
University of California and the California State University have
made, or plan to make, to admissions policies in response to the
findings of the study.
(d) The report to be submitted pursuant to subdivision (c) shall
be submitted in compliance with Section 9795 of the Government Code.
(e) The Director of the Office of Planning and Research, or his or
her designee, shall use the funding appropriated in Section 40 of
Chapter 22 of the Statutes of 2015 for its costs incurred pursuant to
this section.
(f) The Director of the Office of Planning and Research, or his or
her designee, may execute contracts to perform the study specified
in this section. Any contracts executed for the study specified in
this section are not subject to the provisions of Article 1
(commencing with Section 10100) of Chapter 1 of Part 2 of Division 2
of the Public Contract Code, or Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.
SEC. 8. Section 58 of Chapter 13 of the Statutes
of 2015 is amended to read:
Sec. 58. (a) The sum of five hundred million dollars
($500,000,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction for transfer to Section A of the
State School Fund for the purposes set forth in subdivisions (b) and
(c).
(b) Of the funds appropriated pursuant to this section, four
hundred ninety million dollars ($490,000,000) shall be apportioned to
school districts, county offices of education, charter schools, and
the state special schools in an equal amount per full-time
equivalent certificated staff , which shall not exceed the
total certificated staff count for each eligible local
educational agency, in the 2014-15 fiscal year. The
Superintendent of Public Instruction shall make the calculations
pursuant to this section using the data submitted through the
California Longitudinal Pupil Achievement Data System.
(1) A school district, county office of education, charter school,
or state special school shall expend funds allocated pursuant to
this subdivision for any of the following purposes:
(A) Beginning teacher and administrator support and mentoring,
including, but not limited to, programs that support new teacher and
administrator ability to teach or lead effectively and to meet
induction requirements adopted by the Commission on Teacher
Credentialing and pursuant to Section 44259 of the Education Code.
(B) Professional development, coaching, and support services for
teachers who have been identified as needing improvement or
additional support by local educational agencies.
(C) Professional development for teachers and administrators that
is aligned to the state content standards adopted pursuant to
Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.8, 60605.11,
60605.85, as that section read on June 30, 2014, and 60811.3, as that
section read on June 30, 2013, of the Education Code.
(D) To promote educator quality and effectiveness, including, but
not limited to, training on mentoring and coaching certificated staff
and training certificated staff to support effective teaching and
learning.
(2) As a condition of receiving funds allocated pursuant to this
subdivision, a school district, county office of education, charter
school, or state special school shall do both of the following:
(A) Develop and adopt a plan delineating how funds allocated
pursuant to this section shall be spent. The plan shall be explained
in a public meeting of the governing board of the school district,
county board of education, or governing body of the charter school,
before its adoption in a subsequent public meeting.
(B) On or before July 1, 2018, report detailed expenditure
information to the State Department of Education, including, but not
limited to, specific purchases made and the number of teachers,
administrators, or paraprofessional educators that received
professional development. The State Department of Education shall
determine the format for this report.
(3) A school district, county office of education, charter school,
or state special school may expend the funds received pursuant to
this subdivision over the 2015-16 fiscal year, 2016-17 fiscal year,
and the 2017-18 fiscal year. It is the intent of the Legislature that
school districts, county offices of education, charter schools, and
state special schools coordinate the use of any federal funds
received under Title II of the federal No Child Left Behind Act of
2001 (Public Law 107-110) to support teachers and administrators with
the provisions of this subdivision.
(4) The State Department of Education shall summarize the
information reported pursuant to paragraph (2) and shall submit the
summary to the appropriate budget subcommittees and policy committees
of the Legislature and to the Department of Finance on or before
January 1, 2019.
(c) Of the funds appropriated pursuant to this section, ten
million dollars ($10,000,000) shall be provided to the K-12
High-Speed Network for the purpose of providing professional
development and technical assistance to local educational agencies
related to network management.
(1) Professional development and technical assistance shall
include training of local educational agency staff, and development
and distribution of best practices, guidance, and other elements of
technical support to implement network infrastructure within schools
and to provide school districts with utilization information for
optimal decisions.
(2) The K-12 High-Speed Network may partner with county offices of
education or other local educational agencies to provide statewide
access to training and resources.
(d) Funding apportioned pursuant to this section is subject to the
annual audits required by Section 41020 of the Education Code.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the funds appropriated
pursuant to this section shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2014-15 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2014-15 fiscal year.
SEC. 8. SEC. 9. Item 6100-194-0001
of Section 2.00 of the Budget Act of 2015 is amended to read:
6100-194-0001--For local assistance,
State Department of Education, for
allocation by the Superintendent of
Public Instruction to school districts,
county offices of education, and other
agencies for child care and development
programs included in this item, in lieu
of the amount that otherwise would be
appropriated pursuant to any other
statute................................... 941,630,000
Schedule:
(1) 5210026-General
Child Development.... 265,938,000
(2) 5210028-Migrant Day
Care................. 23,881,000
(3) 5210030-Alternative
Payment.............. 80,453,000
(4) 5210032-Resource and
Referral............. 18,878,000
(5) 5210034-CalWORKs
Stage 2.............. 404,229,000
(6) 5210036-CalWORKs
Stage 3.............. 116,733,000
(7) 5210038-Accounts
Payable.............. 4,000,000
(8) 5210040-Child Care
for Children with
Severe Disabilities.. 1,635,000
(9) 5210042-California
Child Care
Initiative........... 225,000
(10) 5210044-Quality
Improvement.......... 1,461,000
(11) 5210046-Local
Planning Councils.... 34,000
(12) 5210010- Child
Development, Quality
Rating Improvement
System Grants........ 24,163,000
Provisions:
1. Funds in Schedules (4), (9),
(10), and (11) shall be
allocated to meet federal
requirements to improve the
quality of child care and shall
be used in accordance with the
approved California state
plan for the federal Child Care
and Development Fund that is
developed pursuant to the
requirements under Section
8206.1 of the Education Code.
2. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) may not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
3. Notwithstanding any other
provision of law, funds in
Schedule (7) are available for
accounts payable for
alternative payment programs for
actual and allowable costs
incurred for additional
services, pursuant to Section
8222.1 of the Education Code.
The State Department of
Education shall give priority
for the allocation of these
funds for accounts payable.
4. The amounts provided in
Schedules (1), (2), (3), and (8)
of this item reflect an
adjustment to the base funding
of 0.37 percent for an increase
in the population of 0-4 year-
olds.
5. The maximum standard
reimbursement rate shall not
exceed $38.29 per day for
general child care programs.
This reflects a 1.02 percent
cost-of-living adjustment and a
5 percent rate increase to the
standard reimbursement rate.
The maximum standard
reimbursement rate shall not
exceed $38.53 for full-day state
preschool programs. Furthermore,
the migrant child care program
shall adhere to the maximum
standard reimbursement rates as
prescribed for the general child
care programs. All other rates
and adjustment factors shall
conform.
6. (a) Alternative payment
child care programs
shall be subject to the
rate ceilings
established in the
Regional Market Rate
Survey of California
child care and
development providers
for provider payments.
When approved pursuant
to Section 8447 of the
Education Code, any
changes to the market
rate limits, adjustment
factors, or regions
shall be utilized by the
State Department of
Education, the
California Community
Colleges, and the State
Department of Social
Services in various
programs under the
jurisdiction of these
departments.
(b) Until October 1, 2015,
the funds appropriated
in this item for the
cost of licensed child
care services provided
through alternative
payment or voucher
programs, including
those provided under
Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing
with Section 8350) of
Chapter 2 of Part 6 of
Division 1 of Title 1 of
the Education Code,
shall be used only to
reimburse child care
costs up to the
deficited 85th
percentile of the rates
charged by providers
offering the same type
of child care for the
same age child in that
region, based on the
2009 Regional Market
Rate Survey data. The
85th percentile of rates
based on the 2009
Regional Market Rate
Survey shall be reduced
by 10.11 percent,
pursuant to Section 8447
of the Education Code.
If the reduced rate
schedule reimbursement
amount for a particular
county rate is less than
the reimbursement amount
provided for the same
rate prior to January 1,
2015, then the State
Department of Education
shall use the rate
schedule from the 2005
Regional Market Rate
Survey for that
particular reimbursement
amount. As of October 1,
2015, the funds
appropriated in this
item for the cost of
licensed child care
services provided
through alternative
payment or voucher
programs, including
those provided under
Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing
with Section 8350) of
Chapter 2 of Part 6 of
Division 1 of Title 1 of
the Education Code,
shall be used only to
reimburse child care
costs up to 104.5
percent of the deficited
85th percentile of the
rates charged by
providers offering the
same type of child care
for the same age child
in that region, based on
the 2009 Regional Market
Rate Survey data. The
85th percentile of rates
based on the 2009
Regional Market Rate
Survey shall be reduced
by 10.11 percent,
pursuant to Section 8447
of the Education Code.
If the reduced rate
schedule reimbursement
amount for a particular
county rate is less than
the reimbursement amount
provided for the same
rate prior to January 1,
2015, then the State
Department of Education
shall use 104.5 percent
of the rate schedule
from the 2005 Regional
Market Rate Survey for
that particular
reimbursement amount
(c) Until October 1, 2015,
the funds appropriated
in this item for the
cost of license-exempt
child care services
provided through
alternative payment or
voucher programs,
including those provided
under Article 3
(commencing with Section
8220) and Article 15.5
(commencing with Section
8350) of Chapter 2 of
Part 6 of Division 1 of
Title 1 of the Education
Code, shall be used only
to reimburse license-
exempt child care
costs up to 60 percent
of the regional
reimbursement rate
limits established for
family child care homes.
As of October 1, 2015,
the funds appropriated
in this item for the
cost of license-exempt
child care services
provided through
alternative payment or
voucher programs,
including those provided
under Article 3
(commencing with Section
8220) and Article 15.5
(commencing with Section
8350) of Chapter 2 of
Part 6 of Division 1 of
Title 1 of the Education
Code, shall be used only
to reimburse license-
exempt child care costs
up to 65 percent of the
regional reimbursement
rate limits established
for family child care
homes.
7. (a) The State Department of
Education (SDE) shall
conduct monthly analyses
of CalWORKs Stage 2 and
Stage 3 caseloads and
expenditures and adjust
agency contract maximum
reimbursement
amounts and allocations
as necessary to ensure
funds are distributed
proportionally to need.
The SDE shall share
monthly caseload
analyses with the State
Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the
sufficiency of funding
for Stage 2 and Stage 3
to DSS. The SDE shall
provide caseloads,
expenditures,
allocations, unit costs,
family fees, and other
key variables and
assumptions used in
determining the
sufficiency of state
allocations. Detailed
backup by month and on a
county-by-county basis
shall be provided to the
DSS at least on a
quarterly basis for
comparisons with Stage 1
trends.
(c) By September 30 and
March 30 of each year,
the SDE shall ensure
that detailed caseload
and expenditure data,
through the most recent
period for Stage 2 and
Stage 3 along with all
relevant assumptions, is
provided to DSS to
facilitate budget
development. The
detailed data provided
shall include actual and
projected monthly
caseload from Stage 2
scheduled to time off of
their transitional child
care benefit from the
last actual month
reported by agencies
through the next two
fiscal years as well as
local attrition
experience. DSS shall
utilize data provided by
the SDE, including key
variables from the prior
fiscal year and the
first two months of the
current fiscal year, to
provide coordinated
estimates in November of
each year for each of
the three stages of care
for preparation of the
Governor's Budget, and
shall utilize data from
at least the first two
quarters of the current
fiscal year, and any
additional monthly data
as they become available
for preparation of the
May Revision. The DSS
shall share its
assumptions and
methodology with the SDE
in the preparation of
the Governor's Budget.
(d) The SDE shall coordinate
with the DSS to identify
annual general
subsidized child care
program expenditures for
Temporary Assistance for
Needy Families-eligible
children. The SDE shall
modify existing
reporting forms as
necessary to capture
this data.
(e) The SDE shall provide to
the DSS, upon request,
access to the
information and data
elements necessary to
comply with federal
reporting requirements
and any other
information deemed
necessary to improve
estimation of child care
budgeting needs.
(f) On or before January 30,
2016, following
consultation with the
DSS, the SDE shall
determine the adequacy
of funding appropriated
by the Legislature for
CalWORKs Stage 2 and
Stage 3. If the SDE
determines that the
Stage 2 appropriation
exceeds the current year
caseload needs and the
Stage 3 appropriation is
not sufficient to fully
fund its caseload need,
then the SDE shall
submit a request to the
Department of Finance to
transfer the excess
funds from Schedule (5),
CalWORKs Stage 2 child
care to Schedule (6),
CalWORKs Stage 3 child
care. Notwithstanding
Section 26.00 or any
other provision of law,
the Department of
Finance may, at its
discretion, approve such
a transfer.
(g) Notwithstanding any
other provision of law
or any other sections of
this act, the Department
of Finance may augment
the appropriation for
CalWORKs Stage 3 if the
estimate of
expenditures, as
determined by the SDE,
following consultation
with the DSS, will
exceed the expenditures
authorized in Schedule
(6). The Department of
Finance shall report any
augmentation pursuant to
this paragraph to the
Joint Legislative Budget
Committee. At the time
the report is made, the
amount of the
appropriation made in
Schedule (6) shall be
increased by the amount
of the augmentation.
(h) The Director of Finance
may, pursuant to
subdivisions (f) and (g)
of Provision 7,
authorize the
augmentation of the
amount available for
expenditure in Schedule
(6) by making a transfer
from Schedule (5). An
augmentation may be
authorized not sooner
than 30 days after
notification in writing
of the necessity to
exceed the limitations
is provided to the Joint
Legislative Budget
Committee, or whatever
lesser time the
chairperson of the joint
committee may determine.
Any request made by the
SDE to augment the
CalWORKs Stage 3
appropriation shall be
approved only in order
to cover increases in
costs that are
consistent with
assumptions of this act.
This provision shall not
be construed to treat
Stage 3 as an
entitlement.
8. Notwithstanding any other
provision of law, the funds in
Schedule (6) are reserved
exclusively for continuing child
care for the following: (a)
former CalWORKs families who are
working, have left cash aid, and
have exhausted their two-year
eligibility for transitional
services in either Stage 1 or
Stage 2 pursuant to subdivision
(c) of Section 8351 or Section
8353 of the Education Code,
respectively, but still meet
eligibility requirements for
receipt of subsidized child care
services, and (b) families who
received lump-sum diversion
payments or diversion services
under Section 11266.5 of the
Welfare and Institutions Code
and have spent two years in
Stage 2 off of cash aid, but
still meet eligibility
requirements for receipt of
subsidized child care services.
9. Notwithstanding any other
provision of law, each local
planning council receiving funds
appropriated in Schedule (11)
shall meet the requirements of
Section 8499.5 of the Education
Code to the extent feasible and
to the extent data is readily
accessible.
10. Notwithstanding any other
provision of law, the
implementation of Provision 12
is not subject to the appeal and
resolution procedures for
agencies that contract with the
State Department of Education
for the provision of child care
services or the due process
requirements afforded to
families that are denied
services specified in Chapter 19
(commencing with Section 18000)
of Division 1 of Title 5 of the
California Code of Regulations.
11. 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
State Department of Education
may implement Provision 12
through management bulletins or
similar instructions.
12. Notwithstanding any other
provision of law, families shall
be disenrolled from subsidized
child care services consistent
with the priorities for services
specified in subdivision (b) of
Section 8263 of the Education
Code. Families shall be
disenrolled in the following
order: (a) families with the
highest income below 70 percent
of the State Median Income (SMI)
adjusted for family size, (b) of
families with the same income
level, those that have been
receiving child care services
for the longest period of time,
(c) of families with the same
income level, those that have a
child with exceptional needs,
and (d) families with children
who are receiving child
protective services or are at
risk of being neglected or
abused, regardless of family
income.
14. Of the amount appropriated in
Schedule (3), $52,627,000 is
available to provide 6,800
voucher child care slots. The
Department shall allocate these
slots based on the existing
distribution of alternative
payment program contracts.
16. Of the amount appropriated in
Schedule (1), $3,471,000 is
available to provide wraparound
child care for 1,200 full-day
state preschool slots beginning
January 1, 2016.
17. The amount provided in Schedule
(12) is available for Quality
Rating and Improvement System
(QRIS) consortia to provide
training, technical assistance,
and resources to help infant and
toddler child care providers
meet a higher tier of quality as
determined by their local QRIS
matrix. No more than 20 percent
of the funding awarded to a
consortia may be allocated
directly to child care
providers. Each county
participating in a QRIS
consortia and in good standing
with the California Department
of Education (CDE) shall receive
a minimum grant amount of
$25,000 for this purpose, with
remaining funds distributed to
consortia based on their
proportion of contracts with CDE
for infant and toddler child
care and development.
Notwithstanding any other
provision of law, the funds
appropriated in this schedule
shall be available for
encumbrance until June 30, 2017.
SEC. 9. SEC. 10. Item 6100-194-0890
of Section 2.00 of the Budget Act of 2015 is amended to read:
6100-194-0890--For local assistance, State
Department of Education, payable from the
Federal Trust Fund.......................... 582,852,000
Schedule:
(1) 5210026-General Child
Development........... 184,227,000
(2) 5210028-Migrant Day
Care.................. 5,411,000
(3) 5210030-Alternative
Payment............... 170,199,000
(4) 5210034-CalWORKs
Stage 2............... 10,000,000
(5) 5210036-CalWORKs
Stage 3............... 161,489,000
(6) 5210044-Quality
Improvement........... 48,207,000
(7) 5210046-Local
Planning Councils..... 3,319,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
this item, to the extent
permissible under federal law, are
subject to Section 8262 of the
Education Code.
2. Of the funds appropriated in
this item, $10,000,000 is from the
transfer of funds, pursuant to Item
5180-402, from the federal
Temporary Assistance for Needy
Families (TANF) Block Grant
administered by the State
Department of Social Services to
the federal Child Care and
Development Block Grant for
CalWORKs Stage 2 child care.
3. Funds in Schedules (6) and (7)
shall be allocated to meet federal
requirements to improve the quality
of child care and shall be used in
accordance with the approved
California state plan for the
federal Child Care and Development
Fund that is developed pursuant to
the requirements under Section
8206.1 of the Education Code.
4. Notwithstanding any other provision
of law, each local planning council
receiving funds appropriated in
Schedule (7) shall meet the
requirements of Section 8499.5 of
the Education Code to the extent
feasible and to the extent data is
readily accessible.
5. Of the funds appropriated in this
item, $18,469,000 is available on a
one-time basis for CalWORKs Stage 3
child care from federal Child Care
and Development Block Grant funds
appropriated prior to the 2015-16
federal fiscal year.
6. (a) Of the funds appropriated in
Schedule (6) of this item,
$2,892,000 is available on a one-
time basis for quality activities
from federal Child Care and
Development Block Grant funds
appropriated prior to the 2015-16
federal fiscal year. The State
Department of Education shall
allocate these funds pursuant to
federal law and reflecting the
following priorities:
(1) First, to provide one-
time resources to
meet the requirements
of the 2014
reauthorization of
the federal Child
Care and Development
Block Grant.
(2) Second, to support
the retention and
training of teachers
and staff working in
state and federally
subsidized child care
programs.
(b) Funds appropriated in
Schedule (6) of this item
shall not be expended to
develop Feasibility Study
Reports or to support new
information technology
projects, unless approved by
the Department of Finance
and not sooner than 30 days
after notification in
writing to the Chairperson
of the Joint Legislative
Budget Committee.
7. Of the funds appropriated in
Schedule (6) of this item, $300,000
is available on a one-time basis
for the Resource and Referral
Network from federal Child Care and
Development Block Grant funds
appropriated prior to the 2015-16
federal fiscal year. It is the
intent of the Legislature that this
funding may support data collection
efficiency.
SEC. 10. SEC. 11. In regard to
Section Sections 1 to 3, inclusive, of
this act, the Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances concerning the County of San
Mateo.
SEC. 11. SEC. 12. This act is a bill
providing for appropriations related to the Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution, has been identified as related to the budget
in the Budget Bill, and shall take effect immediately.
