Bill Text: CA SB976 | 2021-2022 | Regular Session | Amended
Bill Title: Universal Preschool Act.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Engrossed - Dead) 2022-06-28 - From committee: Do pass and re-refer to Com. on ED. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on ED. [SB976 Detail]
Download: California-2021-SB976-Amended.html
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Amended
IN
Senate
May 19, 2022 |
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Amended
IN
Senate
April 19, 2022 |
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Amended
IN
Senate
March 16, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 976
| Introduced by Senator Leyva (Principal coauthor: Senator Newman) (Principal coauthor: Assembly Member Mia Bonta) (Coauthors: Senators Caballero, Hurtado, and Ochoa Bogh) (Coauthors: Assembly Members Aguiar-Curry, Cervantes, Cristina Garcia, Luz Rivas, and Valladares) |
February 10, 2022 |
An act to amend Sections 8200, 8201, 8202, 8203, 8203.3, 8203.5, 8205, 8207, 8209, 8223, 8231, 8239, 8242, 8254, and 8300 of, to add Sections 8202.5, 8202.6, and 8255.5 to, to repeal Sections 8213, 8221, 8252, and 8253 of, and to repeal and add Section 8208 of, the Education Code, and to amend Section 10219 of the Welfare and Institutions Code, relating to preschool.
LEGISLATIVE COUNSEL'S DIGEST
SB 976, as amended, Leyva.
Universal Preschool Act.
Existing law, the Early Education Act, requires the Superintendent of Public Instruction, to, among other things, provide an inclusive and cost-effective preschool program. Existing law requires the Superintendent to develop standards for the implementation of high-quality preschool programs.
This bill would rename the Early Education Act as the Universal Preschool Act, and would revise and recast the act to, among other things, require the State Department of Education, in consultation with the State Department of Social Services, to administer the universal preschool program. The bill would require the Superintendent and the Director of Social Services to convene a statewide coordination council to develop, among other things, goals, guidelines, and best practices to be used at a local level to implement a universal preschool program, as
provided. The bill would require the Superintendent, in consultation with the Director of Social Services, to develop standards for the implementation of high-quality preschool programs in all settings, including, among other settings, transitional kindergarten.
This bill would instead require a universal preschool program, whether part- or full-day, to operate for a minimum of 246 days. The bill instead would prohibit public funds from being paid directly or
indirectly to an agency that does not pay at least a living wage, instead of the minimum wage, to each of its employees. The bill would require the State Department of Education, in consultation with the State Department of Social Services, to instead ensure the standard reimbursement rate provides at least a living wage for all universal preschool site supervisors, teachers, and staff. The bill would delete the definition of “attendance” for purposes of this reimbursement.
The Early Education Act establishes eligibility requirements, including income eligibility requirements, for the part- and full-day preschool programs. The act establishes a fee schedule for families receiving preschool services.
This bill would delete the requirements relating to eligibility and the fee schedule, and instead would provide
that the universal preschool program shall be free, inclusive, and available to all 3- and 4-year-olds.
The Early Education Act provides that the same fee as that prescribed for a credential shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program.
This bill would instead provide that no fees shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program. The bill would require the State Department of Education, in consultation with the State Department of Social Services, to offer financial support to current and aspiring universal preschool site supervisors, teachers, and other
support staff in obtaining required credentials and degrees to work in the preschool classroom or setting, as provided.
This bill would make other related changes to the administration of the newly named Universal Preschool Act.
Existing law requires childcare resource and referral programs to provide specified services, including the establishment of a referral process that responds to parental need for information, as provided.
This bill would require the Director of Social Services, in partnership with the Superintendent, to expand existing childcare resource and referral services to include navigation, referral, and enrollment services for the universal preschool program, as provided.
This bill would provide that the above described changes to law would
become operative only upon an appropriation of funds by the Legislature for these purposes in the annual Budget Act or another statute.
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.
Section 8200 of the Education Code is amended to read:8200.
This chapter shall be known, and may be cited, as the Universal Preschool Act.SEC. 2.
Section 8201 of the Education Code is amended to read:8201.
The purpose of this chapter is as follows:(a) To provide a universal, high-quality, free, inclusive, mixed-delivery, and cost-effective preschool program that provides high-quality learning experiences, coordinated services, and referrals for families to access health and social-emotional support services through full- and part-day programs to families.
(b) To encourage community-level coordination in support of preschool and early childhood services.
(c) To provide an inclusive, developmentally appropriate, and culturally and linguistically responsive mixed-delivery preschool environment
that is nurturing for all children in the programs.
(d) To provide family engagement activities that support positive parenting practices and enhance understanding of human growth and development.
(e) To promote strengthening families and access to resources that prevent and address child abuse, neglect, or exploitation.
(f) To support the cognitive and social emotional development of all children, including children with exceptional needs, children experiencing developmental delays, and children experiencing trauma.
(g) To promote and support home language and development of multilingual capabilities to ensure all children attain their full potential.
(h) To establish a framework that promotes equitable access to quality early learning experiences through the expansion of preschool services.
(i) To empower parents and family choice by providing information and resources for choosing a high-quality preschool program that meets the needs of the family.
(j) To inform parents and families of their right to understand and evaluate the quality and health and safety requirements of the preschool program.
SEC. 3.
Section 8202 of the Education Code is amended to read:8202.
It is the intent of the Legislature that:(a) All families have equitable access to a high-quality preschool program, regardless of race or ethnic status, cultural, religious, or linguistic background, family composition, or children with exceptional needs. It is further the intent that, to support equitable access, the state should offer universal preschool to all persons meeting the eligibility criteria established under this chapter.
(b) The physical, cognitive, social, and emotional growth and development of preschool children be supported in a healthy, developmentally, and culturally appropriate manner.
(c) Families are supported to seek opportunities through employment, training, and education to attain financial stability, while maximizing learning opportunities for their children through participation in preschool programs.
(d) Local- and community-level coordination of various funding streams and programs to support preschool services and preschool to grade 3 alignment.
(e) Programs allow for maximum involvement of families in planning, implementation, operation, and evaluation of preschool programs, recognizing that parent and family engagement is integral to the well-being of the child.
(f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety
of preschool programs, including, but not limited to, their right to inspect childcare licensing files.
(g) Planning for expansion of preschool programs based on ongoing, coordinated, and comprehensive local needs assessments and other state-level data.
(h) Support for staff, including administrators, program directors, site supervisors, and teachers, to reduce bias through professional development opportunities.
(i) Investments in preschool programs be leveraged to improve equity and reduce the opportunity gap through a targeted universalism approach.
(j) Preschool programs provide fully inclusive early learning experiences that contribute to closing the
school readiness gap, especially for children from low-income families, children with exceptional needs, and children who are dual language learners, and partner with elementary schools to support smooth transitions and sustain early learning gains.
(k) The Superintendent of Public Instruction, in providing funding to agencies offering preschool programs, promote a range of services that will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following:
(1) Programs located in childcare centers or family childcare homes.
(2) Services provided part day or full day.
(l) The
Superintendent of Public Instruction be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter.
SEC. 4.
Section 8202.5 is added to the Education Code, to read:8202.5.
The department, in consultation with the State Department of Social Services, shall administer the universal preschool program described in this chapter.SEC. 5.
Section 8202.6 is added to the Education Code, to read:8202.6.
The Superintendent and the Director of Social Services shall convene a statewide coordination council. This council shall include, but not be limited to, representatives from county offices of education, resource and referral programs, alternative payment programs, First 5 county commissions, contracted state preschool programs, general childcare programs, tribal preschool programs, representatives of the duly designated collective bargaining agent of family childcareSEC. 6.
Section 8203 of the Education Code is amended to read:8203.
The Superintendent, in consultation with the Director of Social Services, shall develop standards for the implementation of high-quality preschool programs, in all settings, including the universal preschool program, transitional kindergarten classrooms, general childcare settings, childcare centers, Head Start centers, and family childcare homes. Indicators of quality shall include, but not be limited to:(a) A physical environment that is safe and appropriate for preschool children and that meets applicable licensing standards.
(b) Program activities and services that are age appropriate for preschool children and meet the developmental needs of
each child.
(c) Program activities and services that meet the cultural and linguistic needs of children and families, including, but not limited to, program activities and services that meet the need of dual language learners for support in the development of their home language and English.
(d) Family engagement including, but not limited to, opportunities to participate on parent advisory committees and parent education.
(e) Community engagement, coordination, and local partnerships that support successful transitions from preschool to the early elementary grades.
(f) Efficient and effective local program administration.
(g) Staff that possesses the appropriate and required qualifications, experience, or training, or a combination thereof. The appropriate staff qualifications shall reflect the diverse linguistic and cultural makeup of the children and families in the preschool program. The use of intergenerational staff shall be encouraged.
(h) The promotion of inclusive experiences through program activities and support for parents to access services that meet the needs of children with exceptional needs and their families.
(i) Support services for children, families, and early learning staff and administrators.
(j) Program activities that support equity by eliminating implicit bias,
exclusionary discipline practices, and discrimination through staff development and training.
(k) Provision for nutritional needs of children, including nutrition education at preschool and, when appropriate, shared resource for families.
(l) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies.
(m) Health services that include referral of children to appropriate agencies for services.
SEC. 7.
Section 8203.3 of the Education Code is amended to read:8203.3.
(a) The department, in consultation with the State Department of Social Services, shall maintain and update the prekindergarten learning development guidelines. The guidelines shall focus on preparing three-, four-, and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or grade 1, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The department may contract with an appropriate public or private agency to develop the guidelines.(b) In future expenditure plans for quality improvement activities, the State Department of Social Services shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines.
(c) Programs funded by the department under this chapter shall use the prekindergarten learning development guidelines developed pursuant to this section.
SEC. 8.
Section 8203.5 of the Education Code is amended to read:8203.5.
(a) The Superintendent, in consultation with the Director of Social Services, shall ensure that providers participating in universal preschool programs provide services that are appropriate, quality educational services to the children served pursuant to the program.(b) The Superintendent, in consultation with the Director of Social Services, shall ensure that all providers of universal preschool programs include a requirement that each public or private provider maintain a developmental profile to appropriately identify the emotional, social, physical, and cognitive growth of each child served in order to promote the child’s success in the public schools. To the extent possible,
the department shall provide a developmental profile to all public and private providers using existing profile instruments that are most cost efficient. The provider of any program operated pursuant to a contract under Section 8233 shall be responsible for maintaining developmental profiles upon entry through exit from a child development program.
(c) This section is not subject to Part 34 (commencing with Section 62000) of Division 4 of Title 2.
SEC. 9.
Section 8205 of the Education Code is amended to read:8205.
As used in this chapter:(a) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(b) “Assigned reimbursement rate” is that rate
established by the contract with the agency and is derived by dividing the total
dollar amount of the contract by the minimum child day of average daily enrollment level of service required.
(c) “Attendance” means the number of children present at a preschool facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child.
(d) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount
paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies.
(e) “Preschool facility” means a residence or building or part thereof in which preschool services are provided.
(f) “Early childhood programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes.
(g) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, 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.
(h) “Children with exceptional needs” means either of the following:
(1) Children under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family
service plans, shall be receiving early intervention services,
and shall be children who require the special attention of adults in a childcare setting.
(2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program, shall be receiving early intervention services or appropriate special education and related services, and shall be children who require the special
attention of adults in a childcare setting. These children include children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the United States Code.
(i) “Cost” includes, but is not limited to, expenditures that are related to the operation of preschool programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program
operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
(j) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the
purpose of the cancellation provisions of loans to students in institutions of higher learning.
(k) “Family childcare home” has the same meaning as provided under Section 1596.78 of the Health and Safety Code.
(l) “Family childcare home education network” means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for universal preschool program services.
(m) “Health services” include, but are not limited to, all of the following:
(1) Referral, whenever possible, to appropriate health
care providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources.
(3) Health education and training for children, parents, staff, and providers.
(4) Followup treatment through referral to
appropriate health care agencies or individual health care professionals.
(n) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(o) “Intergenerational staff” means persons of various generations.
(p) “Dual language learner children” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.
(q) “Parent” means a biological
parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(r) “Program director” means a person who, pursuant to Section 8298, is qualified to serve as a program director.
(s) “Proprietary agency” means an organization or facility providing preschool, which is operated for profit.
(t) “Children with severe disabilities” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or
severe intellectual disabilities. “Children with severe disabilities” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 as it read on January 1, 1980.
(u) (1) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site.
(2) A site supervisor shall satisfy one of the following:
(A) Hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site.
(B) Hold an administrative credential or an administrative services credential issued by the Commission on Teacher Credentialing.
(C) Meet the qualifications of a program director under Section 8298.
(3) The Superintendent may waive the requirements of this subdivision if the Superintendent determines that the existence of compelling need is appropriately documented.
(v) “Standard reimbursement rate” means the reimbursement rate applicable to universal preschool programs pursuant to Section 8242.
(w) “Startup costs” means those expenses an agency incurs in the process of opening a new or
additional facility before the full enrollment of children.
(x) “Universal preschool” means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. These programs may be offered by a through a mixed-delivery system of public, private, or proprietary agency, agencies, or operated in a Head Start agency or delegate agency funded under the Head Start Act (42 U.S.C. Sec. 9831, et seq.), childcare centers, family childcare homes
operating through a family childcare home education network, and individual family childcare homes.
(y) “Support services” means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. Support services may include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
(z) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
(aa) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized preschool program services to the need for these services is low, as determined by the Superintendent.
(ab) “Three-year-old children” means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a universal preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a universal preschool program on or after their third birthday. Any child under four years of age shall be served in a universal preschool program facility, licensed in accordance with Title 22 of the California Code of
Regulations.
(ac) “Four-year-old children” means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a universal preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a universal preschool program and whose parent or guardian has opted to retain or enroll them in a universal preschool program.
(ad) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(ae) “Local educational agency” means a school district, a county office of education, a community college district, or
a school district acting on behalf of one or more schools within the school district.
(af) “Mixed-delivery system” means a system of early childhood education services that is delivered through a combination of providers, programs, and settings, including, but not limited to, a Head Start agency or delegate agency funded under the Head Start Act (42 U.S.C. Sec. 9831, et seq.), private or proprietary center-based childcare programs, family childcare homes, community-based organizations, and public schools.
SEC. 10.
Section 8207 of the Education Code is amended to read:8207.
(a) The Superintendent, in consultation with the Director of Social Services, shall administer all universal preschool programs. Those programs shall include, but not be limited to, part-day and full-day age and developmentally appropriate programs, offered through Head Start, childcare centers, family childcare home education networks, and individual family childcare homes, that are designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. 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).(b) A part-day universal preschool program shall operate for a minimum of 246 days per year. (1) three hours per day, excluding time for home-to-school transportation, and (2) a minimum of 175 days per year, unless the contract specifies a lower number of days of operation.
(c) A full-day
universal preschool program shall operate for a minimum of 246 days per year, unless the contract specifies a lower number of days of operation.
(c)
(d) Any agency described in subdivision (a) of Section 8205 as an “applicant or contracting agency” is eligible to contract to operate a universal preschool program.
(d)
(e) Public funds shall not be paid directly or indirectly to an agency that does not pay at least a living the minimum wage to each of its employees.
(e)
(f) Federal Head Start funds used to provide services to families receiving universal preschool services shall be deemed nonrestricted funds.
(f)
(g) School districts and charter schools that administer a universal preschool program may place a four- or five-year-old child in a transitional kindergarten program classroom in accordance with subdivisions (h) to (j), inclusive, of Section 48000 if the child’s parent or guardian elects to enroll their child into the transitional kindergarten program.
(g)
(h) Universal preschool programs shall include all of the following:
(1) Age- and developmentally appropriate activities for children that meet evidence-based preschool standards that, at a minimum, are as rigorous as the standards specified in subparagraph (B) of Section 641A(a)(1) of the Head Start Act (42 U.S.C. 9836a(a)(1)) or pursuant to this chapter.
(2) Supervision.
(3) Parenting education and parent engagement.
(4) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies.
(5) Health services.
(6) Nutrition.
(7) Training and career ladder opportunities, documentation of which shall be provided to the department.
(h)
(i) The Superintendent, in consultation with the Director of Social Services, shall adopt rules and regulations related to the administration of this chapter, including rules and regulations related to eligibility, enrollment, priority of services, and the
provision of outreach and enrollment support for families of eligible children, including specific outreach to families of underserved populations. Regulations shall also include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The Superintendent shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or have exceptional needs.
SEC. 11.
Section 8208 of the Education Code is repealed.SEC. 12.
Section 8208 is added to the Education Code, to read:8208.
The universal preschool program shall be free, inclusive, and available to all three- and four-year-olds.SEC. 13.
Section 8209 of the Education Code is amended to read:8209.
(a) A physical examination and evaluation, including age-appropriate immunizations, shall be required before, or within six weeks of, enrollment in a preschool program. A standard, rule, or regulation shall not require medical examination or immunization for admission to a preschool program of a child whose parent or guardian files a letter with the governing board of the preschool program stating that the medical examination or immunization is contrary to the parent’s or guardian’s religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the preschool program is satisfied that the child is not suffering from that contagious or infectious disease.(b) If only one parent has signed an application for enrollment in preschool services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(c) Notwithstanding any other law, in order to promote continuity
of services, a family enrolled in a state or federally funded universal preschool program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive universal preschool services in another state or federally funded preschool program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded preschool programs.
SEC. 14.
Section 8213 of the Education Code is repealed.SEC. 15.
Section 8221 of the Education Code is repealed.SEC. 16.
Section 8223 of the Education Code is amended to read:8223.
(a) Universal preschool providers operating through alternative payment programs serving licensed childcare centers, family childcare homes, and family childcare home education networks shall do all of the following:(1) Recruit, enroll, and certify eligible families.
(2) Recruit, train, support, and reimburse licensed family childcare home providers.
(3) Collect family fees in accordance with contract requirements.
(4) Assess, according to standards set by the department, the educational quality of the
program offered in each family childcare home in the network.
(5) Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider.
(6) Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family childcare home affiliated with the network.
(7) Ensure that basic health and nutrition requirements are met.
(8) Provide data and reporting in accordance with contract requirements.
(b) Each contractor shall ensure that their staff have sufficient training to successfully
accomplish the requirements of subdivision (a).
SEC. 17.
Section 8231 of the Education Code is amended to read:8231.
The Superintendent, in consultation with the Director of Social Services, shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that do all of the following:(a) Provide clear guidelines for the selection of agencies when child development contracts are let, including, but not limited to, specification that any agency headquartered in the proposed service area will be given priority for a new contract in that area, unless the department makes a written determination that (1) the agency is not able to deliver the level of services specified in the request for proposal, or (2) the department has notified the agency that it is
not in compliance with the terms of its contract.
(b) Provide for a contract monitoring system to ensure that agencies expend funds received pursuant to this chapter in accordance with the provisions of their contracts.
(c) Specify adequate standards of agency performance.
(d) Establish reporting requirements for service reports, including provisions for varying the frequency with which these reports are to be submitted on the basis of agency performance.
(e) Specify standards for withholding payments to agencies that fail to submit required fiscal reports.
(f) Set forth standards for department site
visits to contracting agencies, including, but not limited to, specification as to the purpose of the visits, the personnel that will perform these visits, and the frequency of these visits which shall be as frequently as staff and budget resources permit.
(g) Authorize the department to develop a process that requires every contracting agency to recompete for continued funding no less frequently than every five years.
SEC. 18.
Section 8239 of the Education Code is amended to read:8239.
The Superintendent, in consultation with the Director of Social Services, shall provide outreach services and enrollment support for families of eligible children. The Superintendent shall also offer technical assistance to new providers and to those providing preschool services during nontraditional times, in underserved geographic areas, and for children with special childcare needs.SEC. 19.
Section 8242 of the Education Code is amended to read:8242.
(a) (1) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
(b) (1) (A) The department, in consultation with the State Department of Social Services, shall ensure the standard reimbursement rate
provides at least a living wage for all universal preschool site supervisors, teachers, and staff. Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).
(B) Commencing July 1, 2021, the standard reimbursement rate for part-day universal preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).
(2) Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.
(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received
the standard reimbursement rate established in this section shall be reimbursed at the greater of the following:
(A) The 75th percentile of the 2018 regional market rate survey.
(B) The contract per-child reimbursement amount as of December 31, 2021.
(2) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the
following:
(A) Address, including ZIP Code.
(B) Race and ethnicity.
(C) Gender.
(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
(E) What types of federal relief funds have been received from the state.
(F) Use of federal relief funds received.
(G) Documentation that the provider met certifications as required by federal law.
(3) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
SEC. 20.
Section 8252 of the Education Code is repealed.SEC. 21.
Section 8253 of the Education Code is repealed.SEC. 22.
Section 8254 of the Education Code is amended to read:8254.
(a) A contractor or provider may require parents to provide diapers. A contractor or provider offering field trips either may include the cost of the field trips within the service rate charged to the parent or may charge parents an additional fee. Federal or state money shall not be used to reimburse parents for the costs of field trips if those costs are charged as an additional fee. A contractor or family childcare home provider that charges parents an additional fee for field trips shall inform parents, before enrolling the child, that a fee may be charged and that no reimbursement will be available.(b) A contractor or family childcare home provider may require parents to provide diapers or charge parents for field trips, subject to all of the following conditions:
(1) The contractor or family childcare home provider has a written policy adopted by the agency’s governing board that includes parents in the decisionmaking process regarding both of the following:
(A) Whether or not, and how much, to charge for field trip expenses.
(B) Whether or not to require parents to provide diapers.
(2) The contractor or family childcare home provider does not charge
fees in excess of twenty-five dollars ($25) per child in a contract year.
(3) The contractor or family childcare home provider does not deny participation in a field trip due to a parent’s inability or refusal to pay the fee.
(4) The contractor or family childcare home provider does not take adverse action against a parent for the parent’s inability or refusal to pay the fee.
(c) A contractor or family childcare home provider shall establish a system that prevents the identification of children based on whether or not a child’s family has paid field trip fees.
(d) The contractor or provider shall report expenses incurred and income received for field trips to
the department. Income received shall be reported as restricted income.
SEC. 23.
Section 8255.5 is added to the Education Code, to read:8255.5.
To ensure universal preschool is widely available throughout the state and that each individual working in a universal preschool classroom or setting meets the necessary requirements, the department, in consultation with the State Department of Social Services, shall offer financial support to current and aspiring universal preschool site supervisors, teachers, and other support staff in obtaining required credentials and degrees, including baccalaureate degrees, to work in the preschool classroom or setting. Those funds shall be distributed equitably, in the highest need areas.SEC. 24.
Section 8300 of the Education Code is amended to read:8300.
No fees shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program.SEC. 25.
Section 10219 of the Welfare and Institutions Code is amended to read:10219.
(a) For purposes of this chapter, childcare resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing childcare services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family childcare homes, public and private childcare programs, full-time and part-time programs, and infant, preschool, and extended care programs.
(B) The resource file shall include, but not be limited to, the following information:
(i) Type of program.
(ii) Hours of service.
(iii) Ages of children served.
(iv) Fees and eligibility for services.
(v) Significant program information.
(2) (A) (i) Establishment of a referral process that responds to parental need for information and that is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child
daycare facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:
(I) Toll-free telephone lines.
(II) Office space convenient to parents and providers.
(III) Referrals in languages which are spoken in the community.
(ii) Each childcare resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.
(iii) The director, in partnership with the Superintendent of Public Instruction, shall expand existing childcare resource and referral services to include navigation, referral, and enrollment services for the universal preschool program established pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code, including transitional kindergarten, state preschool, Head Start, general childcare programs, private childcare centers, and family childcare options for preschool programs. These resource and referral services shall include all of the following:
(I) Types of
services, including setting, hours, and eligibility requirements.
(II) Navigation support for families to enroll in programs.
(III) Expansion of the internet website “https://mychildcare.ca.gov/” to include universal preschool options.
(B) (i) Provision of information to any person who requests a childcare referral of their right to view the licensing information of a licensed child daycare facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the department’s Community Care Licensing Division.
(ii) A written or oral
advisement in substantially the following form will comply with the requirements of clause (i):
“State law requires licensed child daycare facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a childcare licensee may be available at an office of the State Department of Social Services’ Community Care Licensing Division. You have the right to access any public information in these files.”
(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all childcare resource and
referral programs:
(i) Number of calls and contacts to the childcare information and referral program or component.
(ii) Ages of children served.
(iii) Time category of childcare request for each child.
(iv) Special time category, such as nights, weekends, and swing shift.
(v) Reason that the childcare is needed.
(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local childcare and development planning councils authorized pursuant to Section 10486 and any county
implementing an individualized county childcare subsidy plan.
(4) Provision of technical assistance to existing and potential providers of all types of childcare services. This assistance shall include, but not be limited to:
(A) Information on all aspects of initiating new childcare services including, but not limited to, licensing, zoning, program
and budget development, and assistance in finding this information from other sources.
(B) Information and resources that help existing childcare services providers to maximize their ability to serve the children and parents of their community.
(C) Dissemination of information on current public issues affecting the local and state delivery of childcare services.
(D) Facilitation of communication between existing childcare and child-related services providers in the community served.
(5) (A) (i) Provision of a childcare navigator to support children in foster care, children previously in foster care upon return to their
home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The childcare navigator shall work with the child’s family, as described in paragraph (2) of subdivision (d) of Section 11461.6, and the child’s social worker and child and family team to assess childcare opportunities appropriate to the child’s age and needs, assist the family in identifying potential opportunities for an ongoing childcare subsidy, assist the caregiver in completing appropriate childcare program applications, and develop an overall, long-term childcare plan for the child.
(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare
agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IV–E of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to their home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant
to Section 11461.6. Eligibility for navigator services shall not be contingent on a child’s receipt of a childcare payment or voucher.
(B) (i) Provision of trauma-informed training and coaching to childcare providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Childcare providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.
(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California
Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IV–E of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.
(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of childcare to facilitate the maintenance and development of childcare services and resources.
(c) (1) A program operating pursuant to this chapter shall, within two business days of receiving notice, remove a licensed child daycare facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list.
(2) A program operating pursuant to this chapter shall, within two business days of receiving notice, notify all entities, operating a program under Chapter 3 (commencing with Section 10225) and Chapter 21 (commencing with Section 10370) in the program’s jurisdiction, of a licensed child daycare facility with a revocation or a temporary suspension order, or that is on probation.
