Bill Text: CA AB769 | 2009-2010 | Regular Session | Enrolled
Bill Title: State preschool.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB769 Detail]
Download: California-2009-AB769-Enrolled.html
BILL NUMBER: AB 769 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 24, 2009
AMENDED IN ASSEMBLY MAY 13, 2009
INTRODUCED BY Assembly Member Torres
FEBRUARY 26, 2009
An act to amend Section 8236 of, and to add Section 8235.5 to, the
Education Code, relating to state preschool.
LEGISLATIVE COUNSEL'S DIGEST
AB 769, Torres. State preschool.
Existing law requires applicants or contracting agencies that
operate a state preschool program to give first priority for
participation to neglected or abused children who are recipients of
child protective services, or recipients who are at risk of being
neglected or abused, as specified.
This bill would state findings and declarations regarding children
of youth that are in custody, on probation, or are in the foster
care system. The bill would require priority for participation in
state preschool programs also to be given to children who have a
biological custodial parent who is, or who has been within the
previous 6 months, a dependent or ward of the juvenile court pursuant
to specified provisions of law. The bill would prohibit priority
enrollment from being used to displace children who are currently
receiving care.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8235.5 is added to the Education Code, to read:
8235.5. (a) The Legislature finds and declares that children of
youth that are in custody, on probation, or are in the foster care
system are at high risk of developmental delays and other cognitive,
social, and emotional difficulties.
(b) The Legislature further finds and declares that there is
sufficient evidence to suggest that stressful prenatal experiences
and even the physical and mental condition of parents prior to
conception impact brain development and future well-being.
(c) The Legislature further finds and declares that by extending
eligibility for other programs and services to those most in need,
specifically, the dependents of youth who are under court
supervision, the public would enjoy future savings in education,
health care, mental health, social services, and criminal justice.
SEC. 2. Section 8236 of the Education Code, as amended by Section
4 of Chapter 308 of the Statutes of 2008, is amended to read:
8236. (a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused children who are recipients of
child protective services, who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical, or
social service agency, or children who have a biological custodial
parent who is, or who has been within the previous six months, a
dependent or ward of the juvenile court, pursuant to Section 300,
601, or 602 of the Welfare and Institutions Code. If an agency is
unable to enroll a child in this first priority category, the agency
shall refer the child's parent or guardian to local resource and
referral services so that services for the child can be located.
Priority enrollment shall be granted when slots become available, but
shall not be used to displace children who are currently receiving
care.
(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children prior to enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
(b) For California state preschool programs operating with funding
that was initially allocated in a prior fiscal year, at least
one-half of the children enrolled at a preschool site shall be
four-year-old children. Any exception to this requirement shall be
approved by the Superintendent. The Superintendent shall inform the
Secretary for Education and the Department of Finance of any
exceptions that have been granted and the reasons for granting the
exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year:
(1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters' preferences and eligibility criteria relating to fiscal
or programmatic noncompliance established pursuant to Section 8261,
shall give priority to applicant agencies that, in expending the
expansion funds, will be serving the highest percentage of
four-year-old children.
(d) This section does not preclude a local educational agency from
subcontracting with an appropriate public or private agency to
operate a California state preschool program and to apply for funds
made available for the purposes of this section. If a school district
chooses not to operate or subcontract for a California state
preschool program, the Superintendent shall work with the county
office of education and other eligible agencies to explore possible
opportunities in contracting or alternative subcontracting to provide
a California state preschool program.
(e) This section does not prevent eligible children who are
currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
