Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  April 11, 2019
Amended  IN  Senate  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 614

Introduced by Senator Rubio

February 22, 2019

An act to amend Section 8492 of, and to add Section 8492.5 to, the Education Code, relating to childcare.


LEGISLATIVE COUNSEL'S DIGEST


SB 614, as amended, Rubio. Early childhood education: county offices of education: grant program.
The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age. Existing law establishes the Inclusive Early Education Expansion Program for the purpose of increasing access to inclusive early care and education programs. The program requires the department to award grants to local educational agencies, as defined, on a competitive basis, and requires the department’s Special Education Division and Early Education and Support Division to work collaboratively to administer the program. The program requires a grant to be used for one-time infrastructure costs only.
This bill would would, contingent upon an appropriation by the Legislature for these purposes, establish the Inclusive Early Childhood Education Grant Program for the purpose of increasing access to early childhood education programs. The bill would require the department’s Special Education Division and Early Learning and Care Division, in consultation and coordination with the State Department of Developmental Services, to administer the program, including developing criteria for proposals, selecting grantees, and collecting specified data. The bill would require an applicant to be a county office of education and to include specified information in its grant application. The bill would require grants to be awarded on a competitive basis, with priority given to applicants that meet any of specified criteria. The bill would require grants to be used only for outreach coordinators, placement navigators, coordination and provision of resources, adaptive equipment, professional development, assessment or evaluation of tools and licenses, training for parents, and certain specialists. The bill would require the department to create an evaluation plan for county offices of education that receive grants, as provided. The bill would delay implementation of these provisions until June 30, 2020.
The bill would also make changes to the findings and declarations for the Inclusive Early Education Expansion Program and nonsubstantive changes to other provisions of that program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8492 of the Education Code is amended to read:

8492.
 (a) The Legislature finds and declares all of the following:
(1) Early childhood inclusion embodies the values, policies, and practices that support the right of every infant and young child and their families, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities and their families include a sense of belonging and membership, positive social relationships and friendships, and positive developmental, social, and attitudinal outcomes. The defining features of inclusion that can be used to identify high-quality early childhood programs and services are access, participation, and supports.
(2) In accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), all young children with exceptional needs should have access to inclusive high-quality early childhood education programs where they are able to learn alongside children who do not have exceptional needs and are provided with individualized and appropriate supports to enable them to meet high expectations.
(3) Inclusive early childhood education programs can improve a child’s developmental progress and educational outcomes, especially for children with exceptional needs.
(4) Interventions provided to children with exceptional needs, including children who are at risk of requiring services for as pupils with exceptional needs, can be more effective when a child is younger.
(5) Access to inclusive early childhood education programs benefits communities and families, especially when programs are coordinated with identified early intervention services and supports.
(b) The Inclusive Early Education Expansion Program is hereby established for the purpose of increasing access to inclusive early childhood education programs.
(c) The sum of one hundred sixty-seven million two hundred forty-two thousand dollars ($167,242,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies for the Inclusive Early Education Expansion Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2023.
(d) The department’s Special Education Division and Early Education and Support Division shall work collaboratively to administer the program, including developing criteria for the selection of grantees.
(e) At a minimum, an applicant shall be a local educational agency and shall include all of the following information in its grant application:
(1) A proposal to increase access to subsidized inclusive early childhood education programs for children up to five years of age, including those defined as “children with exceptional needs” pursuant to Section 8208, in low-income and high-need communities. “High-need” shall be defined pursuant to the county childcare needs assessment specified in Section 8499.5. The proposal shall quantify the number of additional subsidized children proposed to be served, including children with exceptional needs.
(2) A plan to fiscally sustain subsidized spaces or programs created by grant funds beyond the grant period. Subsidies may be funded with private, local, state, or federal funds, but shall be able to demonstrate a reasonable expectation of sustainability.
(3) The identification of local resources to contribute 33 percent of the total award amount. The total award amount shall include state and local resources. Local resources may include in-kind contributions.
(4) The identification of resources necessary to support lead agency professional development to allow staff to develop the knowledge and skills required to implement effective inclusive practices and fiscal sustainability.
(5) A description of the special education expertise that will be used to ensure the funds are used in a high-quality, inclusive manner.
(f) This section does not prohibit a local educational agency from applying on behalf of a consortium of providers within the local educational agency’s program area, including public and private agencies that will provide inclusive early childhood education programs on behalf of the applicant.
(g) Grants shall be awarded on a competitive basis. Priority shall be given to all of the following:
(1) Applicants with a demonstrated need for expanded access to inclusive early childhood education.
(2) Applicants in low-income communities and applicants that represent a consortium of local partners, including local special education partners and those with expertise in inclusive early learning and care environments.
(3) Applicants who demonstrate the ability to serve a broad range of disabilities.
(4) Applicants who do or plan to serve children with disabilities in proportion to their rate of identification similar to local educational agencies in their region.
(h) Grants may be used for one-time infrastructure costs only, including, but not limited to, adaptive and universal design facility renovations, adaptive equipment, and professional development. Funds shall not be used for ongoing expenditures.
(i) A grant recipient shall commit to provide program data and participate in overall program evaluation to ensure expanded access to inclusive environments, as specified by the department, as a condition of the receipt of grant funding.
(j) The department may reserve up to 1 percent of the program funds to support an evaluation to address improved access, participation, and supports to inclusive early learning and care programs and program and child outcomes.
(k) Commencing in the 2018–19 fiscal year, the department shall convene a stakeholder workgroup that includes, but is not limited to, representatives from the relevant divisions in the department, the State Department of Developmental Services, the State Interagency Coordinating Council on Early Intervention, local educational agencies, appropriate county agencies, regional centers, and resource and referral agencies. The workgroup shall be maintained through June 30, 2023, with the goal of providing continuous improvement in the inclusion of children with exceptional needs in early childhood education settings. The department shall include representatives of local educational agencies participating in the Inclusive Early Education Expansion Program established in this section and county offices of education participating in the Inclusive Early Care Pilot Program, established pursuant to Section 136 of the act adding this section, in this workgroup, when appropriate, to share challenges, barriers, and best practices.
(l) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year.

SEC. 2.

 Section 8492.5 is added to the Education Code, to read:

8492.5.
 (a) The Contingent upon an appropriation by the Legislature for purposes of this section, the Inclusive Early Childhood Education Grant Program is hereby shall be established for the purpose of increasing access to inclusive early childhood education programs.
(b) The State Department of Education’s Special Education Division and Early Learning and Care Division, in consultation and coordination with the State Department of Developmental Services, shall administer the program, including developing criteria for proposals, selecting grantees, and collecting data as described in subdivision (g). The criteria for proposals shall include, but is not limited to, reporting on referral pathways and transitions.
(c) At a minimum, an applicant shall be a county office of education and shall include all of the following information in its grant application:
(1) A proposal to increase access to subsidized inclusive early childhood education programs for children up to five years of age, including children with exceptional needs, as defined in Section 8208, in low-income and high-need communities. “High-need” shall be defined pursuant to the county childcare needs assessment specified in Section 8499.5. The proposal shall quantify the number of additional subsidized children proposed to be served, including children with exceptional needs.
(2) A proposal that demonstrates coordination and collaboration with local partners, which may include, but are not limited to, other county agencies, school districts, regional centers, and resource and referral agencies.
(3) Demonstration of coordination and the leveraging of other state funds directed toward supporting children with exceptional needs.
(d) Grants shall be awarded on a competitive basis. Priority shall be given to applicants that meet any of the following criteria:
(1) Applicants with a demonstrated need for expanded access to inclusive early childhood education.
(2) Applicants in low-income communities and applicants that represent a consortium of local partners, including local special education partners and those with expertise in inclusive early childhood education environments.
(3) Applicants who demonstrate the ability to serve children with a broad range of disabilities.
(4) Applicants who serve, or plan to serve, children with exceptional needs in proportion to their presence in the general population.
(e) Grants shall be used only for outreach coordinators, placement navigators, coordination and provision of resources, adaptive equipment, professional development, assessment or evaluation of tools and licenses, training for parents, and specialists, including coaches and behavioral or mental health consultants.
(f) A grant recipient shall commit to providing program data and participating in overall program evaluation to ensure expanded access to inclusive environments, as specified by the department, as a condition of the receipt of grant funding.
(g) The department shall create an evaluation plan for county offices of education that receive grants pursuant to this section that addresses both of the following:
(1) Improved access, participation, and supports for inclusive early childhood education programs.
(2) Program and child outcomes.
(h) This section shall become operative on June 30, 2020.