BILL NUMBER: SB 311 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Beall
(Coauthor: Senator Wieckowski)
FEBRUARY 23, 2015
An act to amend Section 8205 of the Education Code,
relating to education programs add and repeal Article
7.5 (commencing with Section 8239.5) 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. 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 make nonsubstantive changes to this law.
This bill would authorize the Alum Rock Union Elementary School
District, located in the County of Santa Clara, as a pilot project
until January 1, 2022, 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 preschool programs, as defined, and
the Santa Clara Office of Education in developing the plan. The bill
would require the plan to include specified elements relating to
eligibility and age of preschool program participation. The bill
would require the plan to be submitted to, and approved by, the Santa
Clara County Local Child Care Planning Council and the Early
Education and Support Division of the State Department of Education.
The bill would require the school district to submit an annual report
to the Legislature and the department, as provided, and a final
report on or before December 31, 2022.
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: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7.5 (commencing with Section
8239.5) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of
the Education Code , to read:
Article 7.5. Individualized Eligibility Part-Day Preschool
Subsidy Plan for Alum Rock Union Elementary School District
8239.5. 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) "Preschool program" means a state-funded part-day preschool
program that operates in the school district.
8239.6. The school district, 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.
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:
(a) Notwithstanding any other law, eligibility to participate in
the preschool program 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.
(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 shall be allowed to participate in the
preschool program.
8239.8. The plan shall be submitted to, and approved by, the
Santa Clara County Local Child Care Planning Council and the Early
Education and Support Division of the department.
8239.9. (a) Upon approval of the plan, pursuant to Section
8239.8, the school district, in consultation with the preschool
program, the Santa Clara Office of Education, and First 5 Santa
Clara, shall prepare and submit an annual report to the Legislature
and the department that summarizes the success of the pilot project.
(b) The school district, in consultation with the preschool
program, the Santa Clara Office of Education, and First 5 Santa Clara
shall submit a final report to the Legislature and the department on
or before December 31, 2022, 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 9795 of the Government Code.
8239.10. The school district may implement an individualized
eligibility part-day preschool subsidy plan as a pilot project
pursuant to this article until January 1, 2022, 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, 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.
8239.11 This article shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, 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.
SECTION 1. Section 8205 of the Education Code
is amended to read:
8205. It is the intent of the Legislature that in providing child
development programs the Superintendent 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. Federal reimbursement shall be claimed
for any child receiving services pursuant to this chapter for whom
federal funds are available.