Bill Text: CA SB311 | 2015-2016 | Regular Session | Amended
Bill Title: Child Care and Development Services Act: preschool: Alum
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB311 Detail]
Download: California-2015-SB311-Amended.html
BILL NUMBER: SB 311 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 6, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Beall
(Coauthor: Senator Wieckowski)
FEBRUARY 23, 2015
An act to add and repeal Article 7.5 7.6
(commencing with Section 8239.5)
8239.15) of Chapter 2 of Part 6 of Division 1 of Title 1 of the
Education Code, relating to preschool, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 311, as amended, Beall. Child Care and Development Services
Act: preschool: Alum Rock Union Elementary School District: pilot
project.
Existing law provides that it is the intent of the Legislature
that in providing child development programs the Superintendent of
Public Instruction give priority to children of families that qualify
under applicable federal statutes or regulations as recipients of
public assistance and other low-income and disadvantaged families.
Existing law authorizes the City and County of San Francisco, until
July 1, 2016, and as a pilot project, to develop and implement an
individualized county child care subsidy plan, as provided. Existing
law requires the Superintendent to administer all California state
preschool programs, which include part-day age and developmentally
appropriate programs for 3- and 4-year-old children, as provided.
Existing law provides that 3- and 4-year-old children are eligible
for the state part-day preschool program if the family meets one of
several eligibility requirements, including income eligibility.
This bill would authorize the Alum Rock Union Elementary School
District, located in the County of Santa Clara, and a preschool
program, as defined, as a pilot project until
January 1, 2022, June 30, 2021, to
develop and implement an individualized eligibility part-day
preschool subsidy plan for children residing in
the school district for purposes of attending a state-funded
part-day preschool program in the school district. The
bill would require the school district to consult with
and the preschool programs, as defined,
and program to consult with the Santa Clara
County Office of Education and First 5 Santa Clara
County in developing the plan. The bill would require the plan
to include specified elements relating to
elements. The bill would establish certain requirements relating to
eligibility and age of preschool program participation. The
bill would require the plan , and any modifications t
o the plan, to be submitted to, and approved by,
the Santa Clara County Local Child Care Planning Council and
the governing board of the school district. The bill
would require the governing board of the school district, upon
approval, to submit the plan or modifications to the Early
Education and Support Division of the State Department of
Education. Education for approval, as provided.
The bill would require the school district and the preschool
program to submit an annual report to the Legislature and the
department, as provided, and a final an
additional report on or before December 31, 2022.
2020, that provides recommendations as to whether the
pilot project should continue as a permanent program. The bill
would provide that no additional state funds shall be appropriated
for purposes of implementing the above provisions.
This bill would make legislative findings and declarations as to
the necessity for special legislation.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7.5 7.6
(commencing with Section 8239.5) 8239.15)
is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the
Education Code, to read:
Article 7.5. 7.6. Individualized
Eligibility Part-Day Preschool Subsidy Plan for
Alum Rock Union Elementary School District
8239.5. 8239.15. For purposes of
this article, the following terms have the following meanings:
(a) "School district" means the Alum Rock Union Elementary School
District, located in the County of Santa Clara.
(b) (1) "Preschool program" means a
state-funded part-day preschool program that operates in the school
district. an agency that holds a California state
preschool program (Article 7 (commencing with Section 8235)) contract
with the department as of July 1, 2015, has a memorandum of
understanding with the school district, and holds a license pursuant
to Article 2 (commencing with Section 1596.80) of Chapter 3.4 of
Division 2 of the Health and Safety Code for preschool services
within a transitional kindergarten classroom in the school district.
(2) The memorandum of understanding between the school district
and the preschool program shall clarify the use of facilities, shared
goals of the pilot project, and the responsibilities of both
parties.
8239.6. 8239.16. The school
district and the preschool program, in consultation with the
Santa Clara County Office of Education and First 5 Santa Clara County
, as a pilot project, may develop and implement an
individualized eligibility part-day preschool subsidy
plan for children residing in the school district for
purposes of attending a preschool program in the school district. The
plan shall ensure that child care subsidies received by a
preschool program are used to address local needs, conditions, and
priorities of families in the school district and for preparing
children for kindergarten and grades 1 to 12, inclusive.
include, but not be limited to, all of the following:
(a) Elements to address local needs, conditions, and priorities of
families in the school district for purposes of preparing children
for kindergarten and grades 1 to 12, inclusive.
(b) Increasing access to preschool in the school district to
prepare children for transitional kindergarten and kindergarten.
(c) The provision of supplemental services to children in
transitional kindergarten.
(d) The provision of parent education, parent engagement, and
family support services.
(e) Systems to facilitate transition of children and their
families from a federal Head Start program and preschool to
transitional kindergarten and kindergarten.
(f) Increasing collaboration between preschool, transitional
kindergarten, and kindergarten teachers.
8239.7. Before implementing the plan, the school district, in
consultation with any preschool program and the Santa Clara Office of
Education, shall develop an individualized eligibility part-day
preschool subsidy plan that shall include both of the following:
8239.17 (a) Notwithstanding any other law, eligibility
to participate in the preschool program
services offered under the pilot project shall be based on
either of the following conditions:
(1) The child is eligible for free or reduced-price meals, as that
term is used in subdivision (a) of Section 42238.01 , or
participates in the federal Child and Adult Care Food Program (42
U.S.C. Sec 1766; 7 C.F.R. 226.20) .
(2) The child is a foster youth, as that term is used in
subdivision (b) of Section 42238.01.
(b) Notwithstanding any other law, children up to the age of
admission into first grade kindergarten
pursuant to Section 48000 shall be allowed to participate in the
preschool program services offered under the
pilot project .
8239.8. 8239.18. (a)
The plan and any modifications to the plan
shall be submitted to, and approved by, to
the Santa Clara County Local Child Care Planning
Council and the Early Education and Support Division of the
department governing board of the school district, for
approval by the governing board of the school district. Upon
approval by the governing board of the school district, the plan or
modifications to the plan shall be submitted to the Early Education
and Support Division of the department for review .
(b) Within 30 days of receiving the plan or modifications, the
Early Education and Support Division shall review and either approve
or disapprove the plan or the modifications.
(c) The Early Education and Support Division may disapprove only
those portions of the plan or modifications to the plan that are not
in conformance with this article or that are in conflict with federal
law.
8239.9. 8239.19. (a) Upon approval
of the plan, pursuant to Section 8239.8
8239.18 , the school district, in consultation with
the district and the preschool program, in
consultation with the Santa Clara County Office of
Education, Education and First 5 Santa
Clara County , shall prepare and submit an annual report
to the Legislature and the department that summarizes the success of
the pilot project. project, and shall
demonstrate all of the following, as applicable:
(1) By the end of the first fiscal year of operation under the
approved pilot project plan, an increase in the enrollment of
children who are eligible for free meals under the free or
reduced-price meal program, as that term is used in subdivision (a)
of Section 42238.01, as compared to the first quarter of the pilot
project under the approved plan.
(2) By the end of the second fiscal year of operation under the
approved pilot project plan, an increase in the percentage of
children who are eligible for free meals under the free or
reduced-price meal program, as that term is used in subdivision (a)
of Section 42238.01, as compared to the first quarter of the pilot
project under the approved plan of 3 percent.
(3) By the end of the first fiscal year of operation under the
approved pilot project plan, an increase of 3 percent of the child
days of enrollment of children receiving child development services
under a California state preschool program (Article 7 (commencing
with Section 8235)) contract over the 2014-15 fiscal year.
(b) The school district and the preschool program , in
consultation with the preschool program, the Santa
Clara County Office of Education,
Education and First 5 Santa Clara County, shall
submit a final report to the Legislature and the
department on or before December 31, 2022,
2020, that shall provide recommendations as to whether the
pilot project should continue as a permanent program.
(c) A report submitted to the Legislature pursuant to this section
shall be submitted in compliance with Section 9795 of the
Government Code.
8239.10. 8239.20. The school
district and the preschool program may implement an
individualized eligibility part-day preschool subsidy
plan as a pilot project pursuant to this article until
January 1, 2022, June 30, 2021, at
which date the school district shall terminate the plan and implement
the state's requirements for subsidized part-day preschools. A child
enrolling for the first time in a preschool program in the school
district after January 1, 2022, June, 30,
2021, shall not be enrolled in the pilot project established
pursuant to this article, and shall be subject to existing state laws
and regulations regarding preschool eligibility.
8239.21. Sharing of information between the school district and
the preschool program shall be in accordance with the federal Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and
any federal regulations adopted pursuant thereto.
8239.11. 8239.22. Additional state
funds shall not be appropriated for purposes of implementing this
article.
8239.12. 8239.23. This article
shall remain in effect only until January 1, 2023,
2022, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2023,
2022, deletes or extends that date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the Alum Rock Union Elementary
School District, in the County of Santa Clara. The school district
has a high level of children who live in poverty, children who are
English language learners, children who are part of a minority group,
and children who are exposed to violence in their community. The
school district is particularly focused on significantly increasing
pupil achievement and parent engagement and this act will achieve
this by offering preschool services to children and families in the
school district.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
The start of a the 2015-16 school year begins
in August. This act will prevent needless hours and paperwork to
certify eligibility past the August start date. Therefore, in order
to eliminate the barriers for families to access state preschool and
to remove the paperwork burden on families and agencies in time for
the new school year, it is necessary that this act take effect
immediately.
