BILL NUMBER: SB 311 AMENDED
BILL TEXT
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 (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: 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, 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. 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 (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. Additional state funds shall not be appropriated for
purposes of implementing this article.
8239.11 8239.12. 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.