Bill Text: CA SB1047 | 2021-2022 | Regular Session | Amended
Bill Title: Early learning and care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 923, Statutes of 2022. [SB1047 Detail]
Download: California-2021-SB1047-Amended.html
Amended
IN
Assembly
August 15, 2022 |
Amended
IN
Assembly
June 30, 2022 |
Amended
IN
Senate
March 09, 2022 |
Introduced by Senator Limón |
February 15, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the Superintendent to administer age and developmentally appropriate programs designed to facilitate the transition to kindergarten for 3- and 4-year-old children in educational
development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development.
This bill, commencing July 1, 2023, would also make a child who is less than 3 years of age, but who is at least 18 months of age, eligible to enroll in the California state preschool program as long as the child meets all other eligibility requirements. The bill would, subject to an appropriation in the annual budget act for this purpose, require the State Department of Education, by November 1, 2026, to submit a report to the Legislature and the Department of Finance, regarding the implementation of this expansion of the California state preschool program. This bill would repeal
these provisions on January 1, 2029.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 8207 of the Education Code is amended to read:8207.
(a) The Superintendent shall administer all California state preschool programs. Those programs shall include, but not be limited to, part-day and full-day age and developmentally appropriate programs, offered through childcare centers and family childcare home education networks, that are designed to facilitate the transition to kindergarten for three- and four-year-old children and that provide early learning and care, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development, and that comply with all applicable statutory and regulatory requirements, including, but not limited to, Section 1596.955 of the Health and Safety Code. Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the Budget Act, and unless otherwise specified by the Legislature, shall not use federal funds made available through Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397).(a)(1)Notwithstanding any other law, children who are less than three years of age, but who are at least 18 months of age, shall be eligible to enroll in a California state preschool program. This paragraph does not authorize local educational agencies operating a license-exempt California state preschool program classroom, pursuant to Section 18140 of Title 5 of the California Code of Regulations, to serve children other than four-year-old children.
(2)Children who are eligible for the California state preschool program pursuant to paragraph (1) shall meet all eligibility requirements for enrollment in a California state preschool program other than the age requirements.
(3)A California state preschool program serving children who are less than three years of age shall be reimbursed for those children at the rate equivalent to the rate that would be paid if those children were enrolled in a general childcare and development program pursuant to Part 1.8 (commencing with Section 10207) of Division 9 of the Welfare and Institutions Code.
(4)A California state preschool program shall meet the minimum ratios applicable to each age group served, pursuant to Section 1596.955 of the Health and Safety Code and Section 18290 of Title 5 of the California Code of Regulations.
(b)(1)Subject to an appropriation in the annual budget act for this
purpose, the department shall, on or before November 1, 2026, submit a report to the Legislature and the Department of Finance identifying successes and failures relating to the implementation of, and the effect of the implementation of, subdivision (a).
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)This section shall become operative on July 1, 2023, and shall remain in effect only until January 1, 2029, and as of that date is repealed.
(a)(1)A three- or four-year-old child is eligible for the part-day California state preschool program if the child’s family is one of the following:
(A)A current aid recipient.
(B)Income eligible.
(C)Homeless.
(D)One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
(E)One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department.
(2)Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(3)Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).
(4)Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school, as set forth in Section 8217, may enroll four-year-old children.
(b)A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year.
(c)(1)A three- or four-year old child is eligible for a full-day California state preschool program if the family meets both of the following requirements:
(A)The child’s family is one of the following:
(i)A current aid recipient.
(ii)Income eligible.
(iii)Homeless.
(iv)One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
(v)One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department.
(B)The child’s family needs the childcare services because of either the following:
(i)The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:
(I)A recipient of protective services.
(II)Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
(III)Being homeless.
(ii)The child’s parents are one of the following:
(I)Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
(II)Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
(III)Employed or seeking employment.
(IV)Seeking permanent housing for family stability.
(V)Incapacitated.
(2)Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraph (1) have been enrolled, a full-day California state preschool program may provide services to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (B) of paragraph (1).
(3)After all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a provider operating a full-day California state preschool program within the attendance boundary of a public school as set forth in Section 8217 may enroll any four-year-old child.
(d)(1)With the exception of the age requirements and paragraphs (3) and (4), upon establishing
initial eligibility or ongoing eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2)In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 8207.5.
(3)A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility, as described in Section 8213, and the family’s ongoing eligibility for services shall at that time be recertified.
(4)A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
(e)(1)Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
(2)Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud.
(f)(1)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) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (d), the department shall implement subdivision (d) through management bulletins or similar letters of instruction on or before October 1, 2017.
(2)The department shall initiate a rulemaking action to implement subdivision (d) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (d).
(g)(1)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) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (d) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023.
(2)The department shall initiate a rulemaking action to implement the changes made to subdivision (d) by the act that added this subdivision on or before December 31, 2024.
(h)The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify
children as eligible for state reimbursement purposes.
SEC. 3.
Section 8208 of the Education Code is amended to read:8208.
(a) (1) A three- or four-year-old child is eligible for the part-day California state preschool program if the child’s family is one of the following:SEC. 5.SEC. 4.
Section 8213.5 is added to the Education Code, to read:8213.5.
(a) For purposes of establishing eligibility for services under this chapter, “a member of the household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following:(a)If a family is eligible for services under this chapter on the basis that the parent is employed, and the parent’s employment has a variable schedule, the contracting agency shall use simplifying assumptions to authorize the maximum certified hours of care based on need for care. The family shall not be required to report a change in employment schedule for at least 24 months after establishing eligibility, however, a family may, at any time, voluntarily report a change in schedule.
(b)If a family is eligible for services under this chapter on the basis that the family is homeless, or that the parents are seeking employment or seeking permanent housing for family
stability, families shall be eligible for no more than full-time service.
(c)Notwithstanding the rulemaking provision 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 department may implement and administer this section through the issuance of guidance or other written directives.
SEC. 7.SEC. 5.
Section 8263 of the Education Code is amended to read:8263.
(a) The department shall disburse augmentations to the base allocation for the expansion of preschool programs to promote equal access to preschool services across the state.SEC. 8.SEC. 6.
Section 10271 of the Welfare and Institutions Code is amended to read:10271.
(a) (1) The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas:SEC. 9.SEC. 7.
Section 10271.7 is added to the Welfare and Institutions Code, to read:10271.7.
(a) For purposes of establishing eligibility for services under this part, “a member of the household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following:(a)If a family is eligible for services under this part on the basis that the parent is employed, and the parent’s employment has a variable schedule, the contracting agency shall use simplifying assumptions to authorize the maximum certified hours of care based on need for care. The family shall not be required to report a change in employment schedule for at least 24 months after establishing eligibility, however, a family may, at any time, voluntarily report a change in schedule.
(b)If a family is eligible for services under this part on the basis that the family is homeless, or that the parents are seeking employment or seeking permanent housing for family stability, families
shall be eligible for no more than full-time service.
(c)Notwithstanding the rulemaking provision 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 department may implement and administer this section through the issuance of guidance or other written directives.