Bill Text: CA AB274 | 2013-2014 | Regular Session | Chaptered
Bill Title: Child care and development services.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 733, Statutes of 2013. [AB274 Detail]
Download: California-2013-AB274-Chaptered.html
BILL NUMBER: AB 274 CHAPTERED
BILL TEXT
CHAPTER 733
FILED WITH SECRETARY OF STATE OCTOBER 11, 2013
APPROVED BY GOVERNOR OCTOBER 11, 2013
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 27, 2013
AMENDED IN SENATE JULY 9, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 10, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Bonilla
(Coauthors: Assembly Members Buchanan and Ian Calderon)
(Coauthor: Senator Gaines)
FEBRUARY 11, 2013
An act to add Sections 8221.5, 8227.3, 8262.1, and 8262.3 to the
Education Code, relating to child care and development services.
LEGISLATIVE COUNSEL'S DIGEST
AB 274, Bonilla. Child care and development services.
(1) The Child Care and Development Services Act, administered by
the State Department of Education, provides that children up to 13
years of age are eligible, with certain requirements, for child care
and development services. The act requires the department to contract
with local contracting agencies to provide for alternative payment
programs, and authorizes alternative payment programs for services
provided in licensed centers and family day care homes and for other
types of programs that conform to applicable law.
This bill would require child care providers authorized to provide
services pursuant to those provisions to submit to the alternative
payment program a monthly attendance record or invoice for each child
who received services that, at a minimum, documents the dates and
actual times care was provided each day. The bill would require the
monthly attendance record or invoice to, at a minimum, be signed by
the parent or guardian of the child receiving services and the child
care provider once per month to attest that the child's attendance is
accurately reflected. The bill would require verification of
attendance to be made by signature at the end of each month of care
and under penalty of perjury by both the parent or guardian of the
child receiving services and the child care provider. By expanding
the scope of the crime of perjury, the bill would impose a
state-mandated local program. The bill would require an alternative
payment program to accept the monthly attendance record or invoice as
documentation of the hours of care provided if the attendance record
or invoice includes adequate information documented on a daily
basis, as specified. The bill would specify the hours or days and
hours that an alternative payment program is required to reimburse.
The bill would make these provisions operative on July 1, 2014.
This bill would also authorize alternative payment programs and
providers and other contractors providing child care development
services to maintain records in electronic format if the original
documents were created in electronic format, including, but not
limited to, child immunization records.
(2) Existing law authorizes the Superintendent of Public
Instruction to enter into and execute local contractual agreements
with any public or private entity or agency for the delivery of child
care and development services related to the delivery of child care
and development services or the furnishing of property, facilities,
personnel, supplies, equipment, and administrative services related
to the delivery of child care development services.
This bill would require the department, on and after the date on
which the Superintendent determines that the Financial Information
System for California has been implemented within the department, at
the request of a contractor, to request the Controller to make
payments via direct deposit by electronic funds transfer, as
specified.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8221.5 is added to the Education Code, to read:
8221.5. (a) Child care providers authorized to provide services
pursuant to this article shall submit to the alternative payment
program a monthly attendance record or invoice for each child who
received services that, at a minimum, documents the dates and actual
times care was provided each day, including the time the child
entered and the time the child left care each day. The information
shall be documented on a daily basis.
(b) The monthly attendance record or invoice shall, at a minimum,
be signed by the parent or guardian of the child receiving services
and the child care provider once per month to attest that the child's
attendance is accurately reflected. The verification of attendance
shall be made by signature at the end of each month of care and under
penalty of perjury by both the parent or guardian of the child
receiving services and the child care provider.
(c) The monthly attendance record or invoice shall be maintained
by the child care provider in the unaltered original format in which
it was created, which may be in paper form or electronic format.
(d) The alternative payment program shall accept the monthly
attendance record or invoice as documentation of the hours of care
provided if the attendance record or invoice includes adequate
information documented on a daily basis, including, at a minimum, the
dates and actual times care was provided each day, including the
time the child entered and the time the child left care each day. The
alternative payment program shall reimburse child care providers
based upon the following criteria:
(1) The hours of service provided that are broadly consistent with
certified hours of need.
(2) For families with variable schedules, the actual days and
hours of attendance, up to the maximum certified hours.
(3) For license-exempt providers that provide part-time services,
the actual days and hours of attendance, up to the maximum certified
hours.
(e) For purposes of reimbursement to providers through an
alternative payment program, contractors shall not be required to
track absences.
(f) For purposes of this section, a monthly attendance record or
invoice is defined as documentation that includes, at a minimum, the
name of the child receiving services, the dates and actual times care
was provided each day, including the time the child entered and the
time the child left care each day, that is signed under penalty of
perjury by both the parent or guardian and the child care provider,
attesting that the information provided is accurate.
(g) This section shall become operative on July 1, 2014.
SEC. 2. Section 8227.3 is added to the Education Code, to read:
8227.3. (a) Alternative payment programs and providers operating
or providing services pursuant to this article may maintain records
in electronic format only if the original documents were created in
electronic format. Records that may be created in electronic format
and maintained electronically include, but are not limited to, the
following:
(1) Child immunization records.
(2) Parental job verification records.
(3) Parent income verification.
(4) Parent school or training verifications and attendance
records.
(b) Pursuant to Section 33421, the original records shall be
retained by each contractor for at least five years, or, where an
audit has been requested by a state agency, until the date the audit
is resolved, whichever is longer.
(c) Nothing in this section requires an alternative payment
program or provider to create records electronically.
SEC. 3. Section 8262.1 is added to the Education Code, to read:
8262.1. (a) Contractors operating or providing services pursuant
to this chapter may maintain records in electronic format only if the
original documents were created in electronic format. Records that
may be created in electronic format and maintained electronically
include, but are not limited to, the following:
(1) Child immunization records.
(2) Parental job verification records.
(3) Parent income verification.
(4) Parent school or training verifications and attendance
records.
(b) Pursuant to Section 33421, the original records shall be
retained by each contractor for at least five years, or, where an
audit has been requested by a state agency, until the date the audit
is resolved, whichever is longer.
(c) Nothing in this section requires a contractor to create
records electronically.
SEC. 4. Section 8262.3 is added to the Education Code, to read:
8262.3. On and after the date on which the Superintendent
determines that the Financial Information System for California
(Fi$Cal Project) has been implemented within the department, at the
request of a contractor, for a contract executed by the department
pursuant to Section 8262, the department shall request the Controller
to make a payment via direct deposit by electronic funds transfer
through the Fi$Cal Project into the contractor's account at the
financial institution of the contractor's choice.
SEC. 5. 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.
