Bill Text: CA AB769 | 2009-2010 | Regular Session | Amended

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

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Bill Title: State preschool.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB769 Detail]

Download: California-2009-AB769-Amended.html

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BILL NUMBER: AB 769	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  MAY 13, 2009

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 26, 2009

   An act to amend Section 8236 of, and to add Section 8235.5 to, the
Education Code, relating to state preschool.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 769, as amended, Torres. State preschool.
   Existing law requires applicants or contracting agencies that
operate a state preschool program to give first priority for
participation to neglected or abused children who are recipients of
child protective services, or recipients who are at risk of being
neglected or abused, as specified.
   This bill would state findings and declarations regarding children
of youth that are in custody, on probation, or are in the foster
care system. This bill would require priority for participation in
state preschool programs also to be given to children who have a
biological  custodial  parent who is, or who has been within
the previous 6 months, a dependent or ward of the juvenile court
pursuant to specified provisions of law.  The bill would
 prohibit priority enrollment from being used to displace
children who are currently receiving care. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8235.5 is added to the Education Code, to read:

   8235.5.  (a) The Legislature finds and declares that children of
youth that are in custody, on probation, or are in the foster care
system are at high risk of developmental delays and other cognitive,
social, and emotional difficulties.
   (b) The Legislature further finds and declares that there is
sufficient evidence to suggest that stressful prenatal experiences
and even the physical and mental condition of parents prior to
conception impact brain development and future well-being.
   (c) The Legislature further finds and declares that by extending
eligibility for other programs and services to those most in need,
specifically, the dependents of youth who are under court
supervision, the public would enjoy future savings in education,
health care, mental health, social services, and criminal justice.
  SEC. 2.  Section 8236 of the Education Code, as amended by Section
5 of Chapter 730 of the Statutes of 2007, is amended to read:
   8236.  (a) For purposes of this section, the following definitions
apply:
   (1) "Eligible children" means children who are currently eligible
for the state preschool program.
   (2) "Four-year-old children" means those children who will have
their fourth birthday on or before December 2 of the fiscal year in
which they are enrolled in a state preschool program.
   (3) "Local educational agency" means a school district, a county
office of education, a community college district, or a school
district on behalf of one or more schools within the school district.

   (4) "Superintendent" means the Superintendent of Public
Instruction.
   (5) "Three-year-old children" means those children who will have
their third birthday on or before December 2 of the fiscal year in
which they are enrolled in a state preschool program.
   (b) (1) Each applicant or contracting agency funded pursuant to
Section 8235 shall give first priority to neglected or abused
children who are recipients of child protective services, recipients
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social service agency, or children who have
a biological  custodial  parent who is, or who has been
within the previous six months, a dependent or ward of the juvenile
court, pursuant to Section 300, 601, or 602 of the Welfare and
Institutions Code. If an agency is unable to enroll a child in this
first priority category, the agency shall refer the child's parent or
guardian to local resource and referral services so that services
for the child can be located.  Priority enrollment shall be
granted when slots become available, but shall not be used to
displace children who are currently receiving care. 
   (2) After children in the first priority category set forth in
paragraph (1) are served, each agency funded pursuant to Section 8235
shall serve eligible four-year-old children prior to serving
eligible three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
   (c) For state preschool programs operating with funding that was
initially allocated in a prior fiscal year, at least half the
children enrolled at a preschool site shall be four-year-olds. Any
exception to this requirement shall be approved by the
Superintendent. The Superintendent shall inform the Secretary of
Child Development and Education of any exceptions that have been
granted.
   (d) The following provisions apply to the award of new funding for
the expansion of the state preschool program that is appropriated by
the Legislature for that purpose in any fiscal year:
   (1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
   (2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
 headquarters   headquarters'  preferences
and eligibility criteria relating to fiscal or programmatic
noncompliance established pursuant to Section 8261, shall give
priority to applicant agencies that, in expending the expansion
funds, will be serving the highest percentage of four-year-old
children.
   (3) (A) Agencies that receive funding for the expansion of a state
preschool program shall enroll children in the following priority
order:
   (i) Neglected or abused children who are recipients of child
protective services, recipients who are at risk of being neglected or
abused, upon written referral from a legal, medical, or social
services agency, or children who have a biological  custodial
 parent who is, or who has been within the previous six months,
under the jurisdiction of the delinquency or dependency court.
   (ii) Four-year-old children who are eligible for the state
preschool program.
   (B) Otherwise, children shall be enrolled based on other statutory
and regulatory priorities for the state preschool program.
   (e) Nothing in this section shall be deemed to preclude a local
educational agency from subcontracting with an appropriate public or
private agency to operate a state preschool program and to apply for
funds made available for the purposes of this section. If a school
district chooses not to operate or subcontract for a state preschool
program, the Superintendent shall work with the county office of
education and other eligible agencies to explore possible
opportunities in contracting or alternative subcontracting to provide
a state preschool program.
   (f) Nothing in this section shall prevent eligible children who
are currently receiving services from continuing to receive those
services in future years pursuant to this chapter.