Bill Text: CA AB51 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Early childcare and education: California state preschool program.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2024-09-26 - Chaptered by Secretary of State - Chapter 618, Statutes of 2024. [AB51 Detail]

Download: California-2023-AB51-Amended.html

---

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 51

---

Introduced by Assembly Member Bonta

December 05, 2022

---

An act relating to universal early care. An act to amend Section 46120 of, and to add and repeal Section 48000.2 of, the Education Code, and to amend Sections 10219 and 10280 of the Welfare and Institutions Code, relating to early childcare and education.

LEGISLATIVE COUNSEL'S DIGEST

AB 51, as amended, Bonta. Universal early care. Early childcare and education.

(1) Existing law establishes the Expanded Learning Opportunities Program. Existing law authorizes a local educational agency that elects to operate an expanded learning opportunity program to operate a before school component of a program, an after school component of a program, or both, and requires the local educational agency to comply with specified requirements, including the development of a program plan based on specified things, including that programs serving transitional kindergarten or kindergarten pupils maintain a pupil-to-staff ratio of no more than 10 to 1.

This bill would also include, as part of the program plan, a requirement that an extended learning opportunity program serving transitional kindergarten pupils be developmentally appropriate for pupils in transitional kindergarten.

(2) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, establishes specified requirements relating to transitional kindergarten, including, among others, that a school district or charter school maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite.

This bill would require, on or before March 1, 2024, each schoolsite that offers a transitional kindergarten program to demonstrate to the State Department of Education that they meet specified requirements pertaining to providing transitional kindergarten. The bill would require, if a schoolsite cannot make this demonstration, the governing board of the school district to contract with a licensed third-party provider to provide transitional kindergarten services for that schoolsite. The bill would require the contract to provide specified terms and provisions, including, among others, that the contractor run the transitional kindergarten program in compliance with specified laws relating to transitional kindergarten programs. The bill would provide that it is the intent of the Legislature that the governing board of a school district maintain ultimate management and control over a transitional kindergarten program under a contract. The bill would repeal these provisions on January 1, 2026. Because this bill would impose new duties on the governing board of a school district, this bill would impose a state-mandated local program.

The

(3) The Early Education Act requires the Superintendent of Public Instruction to provide an inclusive and cost-effective preschool program. Existing law also establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4- year-old children across the state through a mixed-delivery system, as defined.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age, which includes various programs and services, including, among others, CalWORKs Stage 2 and Stage 3 childcare, migrant childcare, childcare and development services for children with special needs, the alternative payment program, and Head Start programs. Existing law requires the department, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, as specified. 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 state the intent of the Legislature to create a universal early care and education system, utilizing the existing mixed-delivery system, that promotes equity and access for all families.

This bill would require the State Department of Social Services to develop a new rate schedule for calculating reimbursement rates for childcare services provided that is reflective of the potential loss of 4-year-old children who would instead be served under a transitional kindergarten program. The bill would also 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 preschool program services under the Early Education Act, as provided.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

---

Bill Text

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

SECTION 1.

 Section 46120 of the Education Code is amended to read:

46120.

 (a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities.

(2) The Expanded Learning Opportunities Program is hereby established.

(b) (1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements. Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (B) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program. Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (C) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program. Expanded learning opportunity programs shall include all of the following:

(A) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no less than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.

(B) (i) For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no less than nine hours of in-person expanded learning opportunities per day.

(ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not less than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.

(C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no less than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no less than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays.

(2) Local educational agencies operating expanded learning opportunity programs pursuant to this section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following:

(A) The department’s guidance.

(B) Section 8482.6.

(C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3.

(D) (i) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1.

(ii) Programs serving transitional kindergarten pupils shall be developmentally appropriate for pupils in transitional kindergarten.

(3) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area.

(4) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity programs provided pursuant to this section.

(5) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6.

(6) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas.

(7) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.

(8) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours.

(9) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations.

(c) (1) Commencing with the 2023–24 school year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b).

(2) Commencing with the 2023–24 school year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (1) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph.

(3) (A) Commencing with the 2023–24 school year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d) an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements.

(B) Commencing with the 2023–24 school year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements.

(d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (f), if applicable, in the following manner:

(A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(B) Commencing with the 2022–23 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(C) For all other local educational agencies not receiving an allocation under subparagraph (A) or (B), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (f), if applicable, after the amount allocated pursuant to subparagraph (A) or (B), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(2) A local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000).

(3) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities.

(4) A local educational agency receiving funding pursuant to subparagraph (B) of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (B) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.

(5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure.

(6) For the 2021–22 fiscal year, a school district or charter school may expend the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2022–23 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend the funds received pursuant to this subdivision from the 2022–23 fiscal year to the 2023–24 fiscal year, inclusive.

(7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows:

(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts.

(ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district.

(B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows:

(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts.

(ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district.

(iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district.

(iv) For purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district.

(8) (A) Beginning with the 2022–23 fiscal year, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds.

(B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs.

(e) For purposes of this section, the following definitions apply:

(1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities.

(2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of less than 11 persons per square mile.

(3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to Section 47605.5.

(4) “Nonschooldays” means days not identified pursuant to subparagraph (A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in Section 37223.

(5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels.

(6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program. If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency.

(7) “Unduplicated pupil” has the same meaning as in Section 42238.02.

(f) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section.

(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (f) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 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 2020–21 fiscal year.

SEC. 2.

 Section 48000.2 is added to the Education Code, to read:

48000.2.

 (a) On or before March 1, 2024, each schoolsite that offers a transitional kindergarten program pursuant to Section 48000 shall demonstrate to the department that they meet all of the requirements of Section 48000, including any applicable requirements established by Section 14030 of Title 5 of the California Code of Regulations.

(b) (1) If a schoolsite cannot make the demonstration described in subdivision (a), the governing board of the school district shall contract with a licensed third-party provider to provide transitional kindergarten services for that schoolsite.

(2) The contract to provide transitional kindergarten services shall include all of the following terms and provisions:

(A) The governing board of the school district shall control the approval, denial, and revocation of the contract.

(B) The governing board of the school district shall maintain continuous oversight and monitoring over the contractor.

(C) The governing board of the school district shall establish parameters for revoking the contract upon violation of the terms of the contract or of any other law.

(D) The governing board of the school district shall have the authority to demand that any problems are cured by the contractor, as they occur.

(E) The contractor shall run the transitional kindergarten program pursuant to the requirements of Section 48000, including applicable requirements established by Section 14030 of Title 5 of the California Code of Regulations.

(c) It is the intent of the Legislature that the governing board of a school district maintain ultimate management and control over a transitional kindergarten program under a contract pursuant to this section.

(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 10219 of the Welfare and Institutions Code is amended to read:

10219.

 (a) For purposes of this chapter, child care 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 child care 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 child care childcare homes, public and private child care 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 which that responds to parental need for information and which that is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care 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 child care 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 programs 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 the programs described in this clause.

(B) (i) Provision of information to any person who requests a child care childcare referral of their right to view the licensing information of a licensed child day care 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 day care 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 child care 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 child care childcare resource and referral programs:

(i) Number of calls and contacts to the child care childcare information and referral program or component.

(ii) Ages of children served.

(iii) Time category of child care childcare request for each child.

(iv) Special time category, such as nights, weekends, and swing shift.

(v) Reason that the child care 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 child care childcare and development planning councils authorized pursuant to Section 10486 and any county implementing an individualized county child care childcare subsidy plan.

(4) Provision of technical assistance to existing and potential providers of all types of child care childcare services. This assistance shall include, but not be limited to:

(A) Information on all aspects of initiating new child care 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 child care 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 child care childcare services.

(D) Facilitation of communication between existing child care childcare and child-related services providers in the community served.

(5) (A) (i) Provision of a child care 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 child care childcare opportunities appropriate to the child’s age and needs, assist the family in identifying potential opportunities for an ongoing child care childcare subsidy, assist the caregiver in completing appropriate child care childcare program applications, and develop an overall, long-term child care 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 child care childcare payment or voucher.

(B) (i) Provision of trauma-informed training and coaching to child care 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. Child care 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 child care childcare to facilitate the maintenance and development of child care 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 day care 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 day care daycare facility with a revocation or a temporary suspension order, or that is on probation.

SEC. 4.

 Section 10280 of the Welfare and Institutions Code is amended to read:

10280.

 (a) The department, in collaboration with the State Department of Education, 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.

(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.

(2) When establishing standards and assigned reimbursement rates, the department and the State Department of Education shall confer with applicant agencies.

(3) The reimbursement system, including standards and rates, shall be submitted to the Joint Legislative Budget Committee.

(4) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.

(b) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand eight hundred eighty-eight dollars ($12,888) and, commencing with the 2022–23 fiscal year, shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15 of the Education Code.

(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 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 child care 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.

(d) The department shall develop a new rate schedule for calculating reimbursement rates for services provided under this part that is reflective of the potential loss of four-year-old children who would instead be served under a transitional kindergarten program.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.

It is the intent of the Legislature to enact legislation to create a universal early care and education system, utilizing the existing mixed-delivery system, that promotes equity and access for all families.