Bill Text: CA AB51 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Early childcare and education: California state preschool program.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2024-09-26 - Chaptered by Secretary of State - Chapter 618, Statutes of 2024. [AB51 Detail]

Download: California-2023-AB51-Amended.html

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Amended  IN  Senate  August 23, 2024

Amended  IN  Senate  September 08, 2023

Amended  IN  Senate  September 01, 2023

Amended  IN  Senate  July 13, 2023

Amended  IN  Senate  June 26, 2023

Amended  IN  Assembly  May 01, 2023

Amended  IN  Assembly  April 12, 2023

Amended  IN  Assembly  April 04, 2023

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 51

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Introduced by Assembly Member Bonta
(Coauthors: Assembly Members Aguiar-Curry, Boerner, Calderon, Davies, Hart, Jackson, Quirk-Silva, and Schiavo)
(Coauthor: Senator Ashby)

December 05, 2022

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An act to amend Sections 8240 and 46120 of, to add Sections 8202.8 and 8222 to, and to add and repeal Section 8202.7 of, add Section 8222 to the Education Code, and to amend Sections 10219 and 10280 of the Welfare and Institutions Code, relating to early childcare and education.

LEGISLATIVE COUNSEL'S DIGEST

AB 51, as amended, Bonta. Early childcare and education. education: California state preschool program.

(1)Existing law establishes the Expanded Learning Opportunities Program. Existing law authorizes a local educational agency that elects to operate an expanded learning opportunity program to operate a before school component of a program, an after school component of a program, or both, and requires the local educational agency to comply with specified requirements, including the development of a program plan based on specified things, including that programs serving transitional kindergarten or kindergarten pupils maintain a pupil-to-staff ratio of no more than 10 to 1.

This bill would also include, as part of the program plan, a requirement that an extended learning opportunity program serving transitional kindergarten pupils be developmentally appropriate for pupils in transitional kindergarten.

(2)The Early Education Act requires the Superintendent of Public Instruction to provide an inclusive and cost-effective preschool program. The act requires the Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, to convene a statewide interestholder workgroup, as provided, to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings and recommendations to update preschool standards, as provided.

This bill would request the University of California to study the impact of transitional kindergarten on the early childcare and education ecosystem, as provided, and to submit the preliminary results of that study to the appropriate policy committees of the Legislature on or before December 31, 2025, and the final results on or before December 31, 2027.

(3)The

The Early Education Act authorizes school districts and charter schools that administer a California state preschool program to place 4-year-old children in a transitional kindergarten, as provided. The act also establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children across the state through a mixed-delivery system, as defined. The act requires the Superintendent of Public Instruction to establish rules and regulations for the staffing of all preschool programs under contract with the State Department of Education.

This bill would, notwithstanding any provision of the act to the contrary, require the Superintendent to establish rules and regulations for the commingling of children participating in California state preschool programs with children supported through other state- or federally subsidized programs and private funding. The bill would, until such time as the Superintendent establishes those rules and regulations, authorize children in California state preschool programs to be commingled with children from other state- or federally subsidized programs and private funding, as provided.

This bill would, notwithstanding any provision of the act to contrary, require the State Department of Education department to, among other things, provide prospective California state preschool program providers an equitable opportunity to establish a trained workforce and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that have either not received a California state preschool program contract within the last 5 years or can demonstrate a negative financial impact due to the implementation of transitional kindergarten expansion. as provided. The bill would, among other things, require the department to develop early learning resources, as specified, and to develop and implement a proactive one-time 3-year outreach, capacity building, training, and technical assistance plan that targets prospective and new contractors, as provided. The bill would make its provisions operative only upon appropriation by the Legislature for its purposes.

(4)Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age, which includes various programs and services, including, among others, CalWORKs Stage 2 and Stage 3 childcare, migrant childcare, childcare and development services for children with special needs, the alternative payment program, and Head Start programs. Existing law requires the State Department of Social Services, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, as specified. Commencing July 1, 2022, subject to available funding, existing law authorizes the State Department of Social Services to issue temporary rate increases to contractors that exceed the rates. Existing law requires childcare resource and referral programs to provide specified services, including the establishment of a referral process that responds to parental need for information, as provided.

This bill would require the State Department of Social Services, in collaboration with the State Department of Education, as reimbursement rates are updated and modified to align to an alternative methodology, to consider updates and modifications that will support childcare providers impacted by the expansion of transitional kindergarten. The bill, contingent upon an appropriation of funds for this purpose, would require the State Department of Education to contract with childcare resource and referral programs to expand existing childcare resource and referral services to include navigation and referral services for preschool program services under the Early Education Act and transitional kindergarten programs, as provided. The bill would require the State Department of Education to consult with the State Department of Social Services regarding the services provided by childcare resource and referral programs that contract with the State Department of Education.

This bill would incorporate additional changes to Section 46120 of the Education Code proposed by AB 141 and SB 141 to be operative only if this bill and either AB 141 or SB 141 is enacted and this bill is enacted last.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 8202.7 is added to the Education Code, to read:

8202.7.

(a)If able to identify a funding source, the University of California is requested to study the impact of transitional kindergarten on the early childcare and education ecosystem. The study is requested to include, but not be limited to, both of the following:

(1)The impact that the loss of four-year-olds to transitional kindergarten has had on childcare providers, including center-based providers and family childcare homes, including addressing staffing, finances, and classroom fluctuations due to transitional kindergarten.

(2)The impact to access to, and cost of, care for infants and toddlers.

(b)The University of California is requested to submit the preliminary results of the study to the appropriate policy committees of the Legislature on or before December 31, 2025, and the final results on or before December 31, 2027.

(c)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2.Section 8202.8 is added to the Education Code, to read:

8202.8.

(a)(1)The department shall contract directly with childcare resource and referral programs, established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code to serve a defined geographic area, to expand existing childcare resource and referral services to include navigation and referral services for the programs established pursuant to this chapter and for transitional kindergarten programs. These resource and referral services shall include all of the following:

(A)Types of services, including setting, hours, and eligibility requirements.

(B)Navigation support for families, including resources and information for enrollment.

(C)Expansion of the state’s childcare consumer education internet website to include the programs described in this paragraph.

(2)When providing information to families and navigation support for families with three- or four-year-old children to enroll in preschool, transitional kindergarten, or other early learning and care programs, a childcare resource and referral program shall do all of the following:

(A)Operate in alignment with their county’s plan for providing outreach services and enrollment support for families of three- or four-year-old children pursuant to paragraph (4) of subdivision (f) of Section 8320.

(B)Coordinate with local school districts, charter schools, and the county office of education to assist families with navigation support to access transitional kindergarten programs.

(C)(i)Identify transitional kindergarten programs and license-exempt California state preschool program sites through information provided by the department and local educational agencies in the areas of service, and develop a resource file of those services that shall be maintained and updated at least quarterly.

(ii)The department shall provide to childcare resource and referral programs a current list of schools offering transitional kindergarten programs and license-exempt California state preschool program sites.

(iii)The resource file described in clause (i) shall include, but not be limited to, all of the following information:

(I)Type of program.

(II)Hours of service.

(III)Ages of children served.

(IV)Fees and eligibility for services.

(V)Significant program information, as specified by the Superintendent, including, but not limited to, the oversight and monitoring of the program, available methods to submit a complaint regarding the program, and any internet website or other method of obtaining information regarding the operation of the program.

(b)The department shall consult with the State Department of Social Services regarding the services provided by childcare resource and referral programs pursuant to this section.

(c)(1)For purposes of this section, the department may enter into exclusive or nonexclusive contracts with existing childcare resource and referral programs on a bid or negotiated basis so long as the program has a current contract with the State Department of Social Services for childcare resource and referral services and is in good standing. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.

(2)Notwithstanding any other law, a childcare resource and referral program described in paragraph (1) may subcontract as necessary in the performance of its duties, subject to the approval of the Superintendent.

(3)As a condition of receiving funding, a childcare resource and referral program described in paragraph (1) shall report data to the department upon request.

(d)(1)If the State Department of Social Services decides to discontinue funding it allocates to a childcare resource and referral program, the State Department of Social Services shall notify the department within 10 business days and include the reason for discontinuing funding.

(2)If the department receives notice from the State Department of Social Services pursuant to paragraph (1), the department shall determine whether to continue funding the childcare resource and referral program in question or to reallocate funds within the region to another entity.

(e)The operation of this section is contingent upon an appropriation being made for purposes of this section in the annual Budget Act or another statute.

SEC. 3.SECTION 1.

 Section 8222 is added to the Education Code, to read:

8222.

 (a) Notwithstanding any other provision of this chapter to the contrary, the department shall do all of the following:

(a)

(1) Provide prospective California state preschool program contractors an equitable opportunity to establish a trained workforce and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that meet at least one of the following criteria: either of the following:

(1)

(A) The applicant has not received a California state preschool program contract within the last five years.

(2)

(B) The applicant can demonstrate a negative financial impact due to the implementation of transitional kindergarten expansion. has not previously received a California state preschool program contract.

(b)

(2) Develop early learning resources, including, but not limited to, early learning resources regarding all of the following:

(1)

(A) The importance of early learning to improve school readiness for kindergarten and pupil outcomes in elementary and secondary schools.

(2)

(B) Best practices of existing successful early learning programs.

(3)

(C) Information on statutes and regulations pertaining to early learning programs.

(4)

(D) Instructions for paper and electronic applications for administrative and funding purposes relating to operating an early learning program, including requests for applications.

(3) Develop and communicate guidance to inform prospective and existing universal preschools, as defined in Section 8320, about current flexibilities available to serve children in mixed-income settings, such as through combining public funding and private tuition.

(c)

(4) Develop and implement a proactive one-time three-year outreach, capacity building, training, and technical assistance plan that shall target prospective and new contractors. contractors, and which shall include, but not be limited to, a plan for application technical assistance for prospective first-time California state preschool program contractors. The plan shall include both web-based and in-person opportunities for training and technical assistance.

(d)

(5) Disseminate information regarding training and technical assistance events, trainings, and resources through multiple communication channels, including, but not limited to, letters, departmental LISTSERVs, and social media.

(e)

(6) (1)(A) Create, for purposes of more effective outreach and communication and to provide more services and educational opportunities to three- and four-year-old children, a separate webpage on its internet website that shall include, but not be limited to, all of the following:

(A)

(i) Detailed information on starting, funding, and operating early learning and care programs, including, but not limited to, the a California state preschool program.

(B)

(ii) Existing resources from the department pertaining to technical assistance for early learning programs, including past and upcoming webinars and events.

(C)

(iii) The early learning resources described in subdivision (b). paragraph (2).

(D)

(iv) Dates and times of upcoming trainings and technical assistance events conducted pursuant to subdivision (c). paragraph (4).

(E)

(v) Online electronic applications.

(2)

(B) The department shall complete the webpage described in paragraph (1), subparagraph (A), and make it publicly accessible, on or before January 1, 2025. 2026. The department shall annually update the webpage, including, but not limited to, updating the webpage to reflect any new or revised statutes or regulations.

(C) The department may modify the California state preschool program request for application requirements to simplify and streamline the application process for prospective California state preschool program contractors.

(b) This section shall only become operative upon appropriation by the Legislature for its purposes.