Bill Text: CA AB92 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Preschool and child care and development services: family fees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2022-09-13 - Vetoed by Governor. [AB92 Detail]

Download: California-2021-AB92-Amended.html

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Amended  IN  Senate  August 11, 2022

Amended  IN  Senate  August 01, 2022

Amended  IN  Senate  June 14, 2021

Amended  IN  Assembly  April 29, 2021

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 92

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Introduced by Assembly Members Reyes and McCarty
(Principal coauthor: Senator Limón)

December 07, 2020

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An act to amend Section 8525 8252 of the Education Code, and to amend Section 10290 of the Welfare and Institutions Code, relating to early childhood education.

LEGISLATIVE COUNSEL'S DIGEST

AB 92, as amended, Reyes. Preschool and childcare child care and development services: family fees.

Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of child care and development services for children up to 13 years of age.

Existing law requires the State Department of Social Services, in consultation with the State Department of Education, to establish a fee schedule for families using preschool and child care and development services and requires families who utilize those services to be assessed a family fee that is based on income, certified family need for full-time or part-time care services, and enrollment. Existing law prohibits those family fees from exceeding 10% of the family’s monthly income.

This bill would instead instead, upon appropriation, (1) prohibit those family fees from exceeding 1% of the family’s monthly income, and would also prohibit families income and (2) prohibit a family with an adjusted monthly family income below 75% of the state median family income from being assessed a family fee. The bill would also require the Superintendent and the State Department of Social Services, as applicable, and childcare contractors to reimburse California state preschool programs and childcare providers paid with childcare subsidies or vouchers the full amount of the California state preschool program or contracted childcare space or voucher without deducting family fees for that fiscal year, year and would also prohibit the number of California state preschool program or childcare contracted spaces and vouchers from being reduced on account of any reduction in the collection of family fees.

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 8252 of the Education Code is amended to read:

8252.

 (a) The Superintendent shall use the fee schedule developed in conjunction with the State Department of Social Services for families using full-day preschool services pursuant to this chapter, including families receiving services pursuant to subdivision (a) of Section 8211.

(b) Families shall be assessed a single flat monthly fee for all state subsidized early childhood services received, including California state preschool program services and services received through childcare child care and development programs administered by the State Department of Social Services, pursuant to Section 10290 of the Welfare and Institutions Code.

(c) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included in total countable income for purposes of determining the amount of the family fee.

(d) Family fees shall be assessed at initial enrollment and reassessed at recertification.

(e) Family fees shall be used by contractors to pay reasonable and necessary costs for providing additional services.

(f) It is the intent of the Legislature that the new family fees shall be cost neutral to the state and generate roughly the same amount of revenue as was generated under the previous family fee schedule.

(g)Notwithstanding any other provision of this article, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of the act that added this subdivision.

(h)

(g) (1) Notwithstanding any other law, family fees shall not be collected for the 2022–23 fiscal year.

(2) Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees.

(h) The Superintendent and childcare contractors shall reimburse all California state preschool programs and childcare providers paid with childcare subsidies, including, but not limited to, family childcare home providers participating in a family childcare home education network, the full amount of the contracted California state preschool program or childcare space without deducting family fees. The number of California state preschool program and childcare contracted spaces shall not be reduced on account of any reduction in the collection of family fees.

SEC. 2.

 Section 10290 of the Welfare and Institutions Code is amended to read:

10290.

 (a) The department, in consultation with the State Department of Education, shall establish a fee schedule for families using preschool and child care and development services pursuant to this part including families receiving services pursuant to paragraph (1) of subdivision (b) of Section 10271. It is the intent of the Legislature that the new fee schedule shall be simple and easy to implement.

(b) The family fee schedule shall retain a single flat monthly fee per family. The schedule shall differentiate between fees for part-time care and full-time care.

(c) Using the most recently approved family fee schedule pursuant to subdivision (e) of Section 10436, families shall be assessed a single flat monthly fee for all state-subsidized services, including California state preschool program services administered by the State Department of Education, based on income, certified family need for full-time or part-time care services, and enrollment, and shall not be based on actual attendance. No recalculation of a family fee shall occur if attendance varies from enrollment unless a change in need for care is assessed.

(d) (1) The department shall design the new family fee schedule based on the most recent census data available on state median family income in the past 12 months, adjusted for family size, according to the methodology provided in subdivision (c) of Section 10271.5. The Except as provided in paragraph (2), the revised fees shall not exceed 10 percent of the family’s monthly income. The department shall first submit the adjusted fee schedule to the Department of Finance for approval.

(2) Subject to an appropriation for the express purpose of this paragraph, both of the following shall apply:

(A) The revised fees described in paragraph (1) shall not exceed 1 percent of the family’s monthly income.

(B) A family with an adjusted monthly family income below 75 percent of the state median family income shall not be charged or assessed a family fee.

(e) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 shall not be included in total countable income for purposes of determining the amount of the family fee.

(f) Family fees shall be assessed at initial enrollment and reassessed at update of certification or recertification. The implementation of this section shall comply with the requirements specified in subdivision (h) of Section 10271.

(g) It is the intent of the Legislature that the new family fees shall be cost neutral to the state and generate roughly the same amount of revenue as was generated under the previous family fee schedule.

(h)Notwithstanding any other provision of this chapter, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of the act that added this section.

(i)

(h) Notwithstanding any other provision of this chapter, family fees shall not be collected for the 2022–23 fiscal year.

(j)

(i) During the 2022–23 fiscal year, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees.

(j) The department and childcare contractors shall reimburse all childcare providers paid with childcare subsidies, including, but not limited to, family childcare home providers participating in a family childcare home education network, the full amount of the contracted childcare space or voucher without deducting family fees. The number of childcare contracted spaces and vouchers shall not be reduced on account of any reduction in the collection of family fees.

SECTION 1.Section 8252 of the Education Code is amended to read:

8252.

(a)The Superintendent shall use the fee schedule developed in conjunction with the State Department of Social Services for families using full-day preschool services pursuant to this chapter, including families receiving services pursuant to subdivision (a) of Section 8211.

(b)Families shall be assessed a single flat monthly fee for all state subsidized early childhood services received, including California state preschool program services and services received through childcare and development programs administered by the State Department of Social Services, pursuant to Section 10290 of the Welfare and Institutions Code.

(c)The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included in total countable income for purposes of determining the amount of the family fee.

(d)Family fees shall be assessed at initial enrollment and reassessed at recertification.

(e)Family fees shall be used by contractors to pay reasonable and necessary costs for providing additional services.

(f)It is the intent of the Legislature that the new family fees shall be cost neutral to the state and generate roughly the same amount of revenue as was generated under the previous family fee schedule.

(g)The Superintendent and childcare contractors shall reimburse all California state preschool programs and childcare providers paid with childcare subsidies, including, but not limited to, family childcare home providers participating in a family childcare home education network, the full amount of the contracted California state preschool program or childcare space without deducting family fees. The number of California state preschool program and childcare contracted spaces shall not be reduced on account of any reduction in the collection of family fees.

SEC. 2.Section 10290 of the Welfare and Institutions Code is amended to read:

10290.

(a)The department, in consultation with the State Department of Education, shall establish a fee schedule for families using preschool and child care and development services pursuant to this part including families receiving services pursuant to paragraph (1) of subdivision (b) of Section 10271. It is the intent of the Legislature that the new fee schedule shall be simple and easy to implement.

(b)The family fee schedule shall retain a single flat monthly fee per family. The schedule shall differentiate between fees for part-time care and full-time care.

(c)Using the most recently approved family fee schedule pursuant to subdivision (e) of Section 10436, families shall be assessed a single flat monthly fee for all state-subsidized services, including California state preschool program services administered by the State Department of Education, based on income, certified family need for full-time or part-time care services, and enrollment, and shall not be based on actual attendance. No recalculation of a family fee shall occur if attendance varies from enrollment unless a change in need for care is assessed.

(d)The department shall design the new family fee schedule based on the most recent census data available on state median family income in the past 12 months, adjusted for family size, according to the methodology provided in subdivision (c) of Section 10271.5. The revised fees shall not exceed 1 percent of the family’s monthly income. Families with an adjusted monthly family income below 75 percent of the state median family income shall not be charged or assessed a family fee. The department shall first submit the adjusted fee schedule to the Department of Finance for approval.

(e)The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 shall not be included in total countable income for purposes of determining the amount of the family fee.

(f)Family fees shall be assessed at initial enrollment and reassessed at update of certification or recertification. The implementation of this section shall comply with the requirements specified in subdivision (h) of Section 10271.

(g)It is the intent of the Legislature that the new family fees shall be cost neutral to the state and generate roughly the same amount of revenue as was generated under the previous family fee schedule.

(h)The department and childcare contractors shall reimburse all childcare providers paid with childcare subsidies, including, but not limited to, family childcare home providers participating in a family childcare home education network, the full amount of the contracted childcare space or voucher without deducting family fees. The number of childcare contracted spaces and vouchers shall not be reduced on account of any reduction in the collection of family fees.