Bill Text: CA SB192 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Early learning and educational support services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB192 Detail]
Download: California-2013-SB192-Amended.html
Bill Title: Early learning and educational support services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB192 Detail]
Download: California-2013-SB192-Amended.html
BILL NUMBER: SB 192 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 3, 2013
AMENDED IN SENATE MARCH 12, 2013
INTRODUCED BY Senator Liu
FEBRUARY 7, 2013
An act to amend Section 8385 of, to amend the heading of
Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of
Title 1 of, to amend and renumber Sections 8210, 8212, 8212.3, 8213,
8214, 8215, 8216, 8238, 8238.4, 8264.5, 8265, 8265.1, 8265.5, 8265.7,
8266, 8266.1, 8266.5, 8268, 8271, 8275, 8276.5, 8277, 8277.1,
8277.2, 8277.3, 8277.4, 8277.5, 8277.6, 8277.65, 8277.66, 8277.7,
8277.8, 8278.3, 8279.1, 8279.4, 8279.5, 8279.6, 8279.7, 8320, 8321,
8322, 8324, 8326, 8327, 8329, 8330, 8331, 8335, 8335.1, 8335.2,
8335.3, 8335.4, 8335.5, 8335.6, 8335.7, 8340, 8341, 8341.5, 8342,
8343, 8344, 8345, 8346, 8351, 8352, 8353, 8354, 8355, 8356, 8356.1,
8358.5, 8359, 8359.1, 8362, 8363, 8363.5, 8368, 8369, 8402, 8403,
8404, 8405, 8406, 8406.6, 8406.7, 8406.9, 8407, 8408, 8409, 8441,
8442, 8444, 8445, 8447, 8447.5, 8450, 8493, 8494, 8495, 8495.1, 8496,
8498, 8499.3, 8499.5, and 8499.7 of, to amend and renumber the
heading of Article 16.5 (commencing with Section 8385) of Chapter 2
of Part 6 of Division 1 of Title 1 of, to amend, renumber, and repeal
Section 8350.5 of, to add Sections 8292 and 8293 to, to add the
heading of Article 8 (commencing with Section 8296) to, to add the
heading of Article 9 (commencing with Section 8300) to, to add the
heading of Article 10 (commencing with Section 8305) to, to add the
heading of Article 14 (commencing with Section 8365) to, to add the
heading of Article 18 (commencing with Section 8407) to, to add the
heading of Article 25 (commencing with Section 8490) to, and to add
the heading of Article 26 (commencing with Section 8492) to, Chapter
2 of Part 6 of Division 1 of Title 1 of, to add Article 2 (commencing
with Section 8210) to, to add Article 4 (commencing with Section
8240) to, to add Article 4.5 (commencing with Section 8252) to, to
add Article 5 (commencing with Section 8260) to, to add Article 6
(commencing with Section 8270) to, to add Article 11 (commencing with
Section 8310) to, to add Article 12 (commencing with Section 8325)
to, to add Article 13 (commencing with Section 8350) to, to add
Article 14.5 (commencing with Section 8370) to, to add Article 14.7
(commencing with Section 8377) to, and to add Article 15 (commencing
with Section 8380) to, Chapter 2 of Part 6 of Division 1 of Title 1
of, to repeal Sections 8350 and 8499 of, to repeal the heading of
Article 2 (commencing with Section 8210) of, to repeal the heading of
Article 6 (commencing with Section 8230) of, to repeal the heading
of Article 7 (commencing with Section 8235) of, to repeal the heading
of Article 12 (commencing with Section 8275) of, to repeal the
heading of Article 15 (commencing with Section 8320) of, to repeal
the heading of Article 15.2 (commencing with Section 8335) of, to
repeal the heading of Article 15.3 (commencing with Section 8340) of,
to repeal the heading of Article 15.5 (commencing with Section 8350)
of, to repeal the heading of Article 18 (commencing 8400) of, to
repeal the heading of Article 20 (commencing with Section 8440) of,
to repeal the heading of Article 21 (commencing with Section 8448)
of, to repeal the heading of Article 23 (commencing with Section
8485) of, and to repeal the heading of Article 24 (commencing with
Section 8493) of, Chapter 2 of Part 6 of Division 1 of Title 1 of, to
repeal the heading of Article 1 (commencing with Section 8499) of,
and to repeal the heading of Article 2 (commencing with Section
8499.3) of, Chapter 2.3 of, and to repeal the heading of Chapter 2.3
(commencing with Section 8499) of, Part 6 of Division 1 of Title 1
of, to repeal Article 8 (commencing with Section 8240) of, to repeal
Article 8.5 (commencing with Section 8245) of, to repeal Article 9
(commencing with Section 8250) of, to repeal Article 10 (commencing
with Section 8255) of, and to repeal Article 14 (commencing with
Section 8286) of, Chapter 2 of Part 6 of Division 1 of Title 1 of, to
repeal and add Article 1 (commencing with Section 8200) of, and to
repeal and add Article 3 (commencing with Section 8220) to, Chapter 2
of Part 6 of Division 1 of Title 1 of, An act to
amend Sections 8200, 8201, 8202, 8203, 8203.5, 8204, 8205, 8208,
8208.1, 8208.5, 8209, 8210, 8211, 8212, 8212.3, 8213, 8214, 8215,
8216, 8220, 8220.1, 8220.5, 8222, 8223, 8225, 8226, 8227, 8230,
8231, 8232, 8233, 8235, 8236, 8236.1, 8238.4, 8239, 8244, 8250,
8250.5, 8251, 8252, 8255, 8257, 8258, 8261, 8261.5, 8262, 8263,
8263.2, 8263.3, 8263.4, 8264, 8264.5, 8264.6, 8264.7, 8265, 8266,
8266.1, 8272, 8275, 8276.7, 8277, 8277.8, 8278.3, 8279.1,
8279.3, 8279.4, 8279.5, 8279.7, 8282, 8320, 8321, 8324, 8327, 8328,
8329, 8335.1, 8335.5, 8341, 8341.5, 8342, 8343, 8344, 8350, 8352,
8353, 8354, 8355, 8356, 8357, 8358, 8358.5, 8359.1, 8360, 8360.2,
8390, 8392, 8394, 8395, 8397, 8400, 8401, 8402, 8406.7, 8447, 8448,
8450, 8493, 8494, 8495, 8495.1, 8498, 8499, 8499.3, and 8499.5 of, to
amend the heading of Chapter 2 (commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of, to amend the headings of Article
6 (commencing with Section 8230), Article 7 (commencing with Section
82 3 5), Article 8 (commencing with Section
8240), Article 9 (commencing with Section 8250), Article 15.2
(commencing with Section 8335), Article 15.3 (commencing with Section
8340), Article 15.5 (commencing with Section 8350), Article 16
(commencing with Section 8360), and Article 17 (commencing
with Section 8390) of Chapter 2 of Part 6 of Division 1 of Title 1
of, to amend the heading of Article 2 (commencing with Section
8499.3) of Chapter 2.3 of Part 6 of Division 1 of Title 1 of, to
amend, repeal, and add Section 8240 of, to add Sections 8202.1 and
8220.3 to, to add Article 5 (commencing with Section 8228) to Chapter
2 of Part 6 of Division 1 of Title 1 of, and to repeal and add
Sections 8264.8 and 8360.1 of, the Education Code, relating to
early learning and educational support services.
LEGISLATIVE COUNSEL'S DIGEST
SB 192, as amended, Liu. Early learning and educational support
services.
The Child Care and Development Services Act, administered by the
Superintendent of Public Instruction, requires the Superintendent to
administer child care and development programs that offer a full
range of services for eligible children from infancy to 13 years of
age and their parents, including a full range of supervision, health,
and support services through full- and part-time programs.
This bill would reorganize and recast those provisions as the
Early Learning and Educational Support Act, and would establish as
its purpose providing a comprehensive early learning and
educational school support system that promotes
access to safe, high-quality early learning and educational support
programs, as specified. The bill would require the Superintendent to
administer the early learning and educational support program through
direct classroom or alternative payment services, and would require
the Superintendent to develop requirements for the implementation of
high-quality early learning and educational support programs based on
certain indicia of quality, including, but not limited to, effective
educators that who foster school
readiness and possess the appropriate and required educational
qualifications and experience, including any required credentials or
permits, as required by the Commission on Teacher Credentialing, and
who meet applicable licensing standards. The bill, when
expansion funding is made available for direct classroom service
programs, would require priority for funding to be given to certain
elementary schools ranked in deciles 1 to 3, inclusive, on the
Academic Performance Index. The bill would delete obsolete
provisions, make other related and conforming changes, and
make nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 2 (commencing
with Section 8200) of Part 6 of Division 1 of Title 1 of the
Education Code is amended to read:
CHAPTER 2. CHILD CARE AND DEVELOPMENT SERVICES ACT
EARLY LEARNING AND EDUCATIONAL SU PPORT ACT
SEC. 2. Section 8200 of the Education
Code is amended to read:
8200. This chapter shall be known and may be cited as the
Child Care and Development Services Early
Learning and Educational Support Act.
SEC. 3. Section 8201 of the Education
Code is amended to read:
8201. The purpose of this chapter is as follows:
(a) To provide a comprehensive , coordinated, and
cost-effective system of child care and development services for
children from infancy to 13 years of age and their parents, including
a full range of supervision, health, and support services through
full- and part-time programs. early learning and
school supp ort system that promotes access to safe,
high-quality early learning and educational support programs that
will promote and support the development of the whole child,
including, but not limited to, the following:
(1) Developmentally appropriate curriculum with differentiated
instruction.
(2) Knowledgeable, caring, and well-trained educators, program
staff, and providers.
(3) Promotion of healthy practices and activities.
(4) An educationally enriched environment that respects and
supports cultural, linguistic, and ability diversity.
(b) To encourage community-level coordination in support of
child care and development early learning and
educational support services.
(c) To coordinate services for children, starting at birth, that
support parental choice and maximize the long-term success of early
learners.
(c)
(d) To provide an environment that is healthy
and nurturing for all children in child care and development
programs. promote positive parenting, parental choice,
and involvement through the understanding of healthy development and
the importance of high-quality early learning opportunities for
school readiness.
(d) To provide the opportunity for positive parenting to take
place through understanding of human growth and development.
(e) To reduce strain between parent and child in order to prevent
abuse, neglect, or exploitation.
(f) To enhance the cognitive development of children, with
particular emphasis upon those children who require special
assistance, including bilingual capabilities to attain their full
potential.
(e) To support the development of the ability to measure outcomes
assessing early learning and educational support programs.
(g)
(f) To establish a framework for the expansion of
child care and development early learning and
educational support services for children starting at
birth .
(h) To empower and encourage parents and families of children who
require child care services to take responsibility to review the
safety of the child care program or facility and to evaluate the
ability of the program or facility to meet the needs of the child.
SEC. 4. Section 8202 of the Education
Code is amended to read:
8202. It To ensure that all children,
starting at birth, in California have equal access to high-quality
early learning and educational support programs so that they thrive
in their early learning settings and succeed in entering transitional
kindergarten or kindergarten and throughout their school education
and adult life, it is the intent of the Legislature that:
(a) All families have access to child care and
development safe, high-quality early learning and
educational support services , through resource and
referral services, where appropriate, that support the
development of the whole child, including healthy physical,
cognitive, soci al, and emotional growth and development
of children regardless of ethnic status, cultural background,
or special needs. It is further the intent that subsidized
child care and development services be provided to persons meeting
the eligibility criteria established under this chapter to the extent
funding is made available by the Legislature and Congress.
(b) The healthy physical, cognitive, social, and emotional growth
and development of children be supported.
(c) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment, while maximizing growth and
development of their children, and enhancing their parenting skills
through participation in child care and development programs.
(b) Subsidized early learning and educational support services be
provided to persons meeting the eligibility criteria established
under this chapter to the extent funding is made available by the
Legislature and Congress.
(d)
(c) Community-level coordination in
between early learning and educational support of
child care and development services programs and
other human services organizations be encouraged.
(e) Families have a choice of programs that allow for maximum
involvement in planning, implementation, operation, and evaluation of
child care and development programs.
(d) Parental choice, parenting education, and information all be
components of a long-term successful early learning and educational
support system.
(f)
(e) Parents and families be fully informed of their
rights and responsibilities to evaluate the quality and
safety of child care programs, including, but not limited to, their
right to inspect child care licensing files select
safe and high-quality early learning and educational
support programs .
(g) Planning for expansion of child care and development programs
be based on ongoing local needs assessments.
(f) Planning for expansion of direct classroom services be based
on ongoing local needs assessments and targeted to programs operating
classrooms located in the attendance area of elementary schools
ranked in deciles 1 to 3, inclusive, of the Academic Performance
Index pursuant to Section 52056.
(g) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment and work support activities,
while maximizing the growth and development of their children, and
supporting parental participation in the educational development and
success of their children.
(h) Early learning and educational support staff be culturally and
linguistically diverse and support school readiness, healthy
development, and improved child outcomes.
(i) Sustained support of professional development and preparation
of early learning educators and professionals include, but not be
limited to, the following:
(1) Academic support.
(2) Higher education articulation.
(3) Career advancement.
(4) Evidence-based coaching and mentoring.
(5) Child-teacher interactions.
(6) Child centered, family-educator, and family-professional
interactions.
(7) Training on research-based tools and resources aligned to
California preschool learning foundations, frameworks, and
guidelines, and California early childhood educator competencies.
(8) Retention of high-quality educators.
(9) Adequate compensation and incentives for professional growth.
(10) Strong leadership and management practices.
(j) The Superintendent coordinate with the California Children and
Families Commission, county children and families commissions, and
other federal, state, and local agencies to support improved
alignment and access, including, but not limited to: support
services, quality enhancements, and additional training and resources
in early learning and educational support programs and staff.
(k) The department create, administer, and support a comprehensive
early learning and educational support infrastructure that promotes
and fosters school readiness, healthy development, and improved child
outcomes.
(h)
(l) The Superintendent of Public Instruction
, in providing funding to child care and
development early learning and educational support
agencies, promote a range of services which
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 centers, family day care homes, or in
the child's own home license-exempt care
.
(2) Services provided part-day, full-day, and during nonstandard
hours including weekend care, night and shift care, before and after
school care, and care during holidays and vacation.
(3) Child care Early learning and
educational support services provided for infants and
toddlers , preschool, and schoolage children.
(i)
(m) 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.
(n) The department consolidate contracts for agencies providing
direct classroom programs into a single contract in order to ease
administration, to reduce reporting and auditing requirements, and to
ensure that special populations continue to receive services and
support.
(o) The department administer the alternative payment and CalWORKs
Stage 2 and 3 programs in order to maximize and support parental
choice in educator, professional, or caregiver selection.
(p) The department review existing resources and opportunities for
consumer education in order to expose parents to a variety of
strategies and learning opportunities to support caregiver choices.
These resources should include information on all of the following:
(1) The options that are available.
(2) The benefits of each option.
(3) The educational and socioemotional development of expectations
of children at various ages.
(q) The department review a variety of existing requirements in
order to consider alternatives that reduce administrative burden and
cost and streamline program administration.
(r) As additional funding becomes available, the department review
options to implement a statewide quality rating and improvement
system to obtain data on the success of California's early learning
and educational support programs, including program quality
improvements and early educator and child outcomes.
SEC. 5. Section 8202.1 is added to the
Education Code , to read:
8202.1. The Legislature recognizes the importance of a culturally
and linguistically diverse early educator workforce in our early
learning and educational support programs to support school readiness
and improved child outcomes. Sustained support of the professional
development and preparation of educators and professionals in the
field of early learning and educational support services includes,
but is not limited to, the following:
(a) Academic support.
(b) Higher education articulation.
(c) A career ladder with periodic updates.
(d) Evidence-based coaching and mentoring.
(e) Child-teacher interaction.
(f) Training on research-based tools and resources aligned to
California preschool learning foundations, frameworks, and
guidelines, and California early childhood educator competencies.
(g) Retention of high-quality educators.
(h) Adequate compensation and incentives for professional growth.
(i) Efficient program administration.
SEC. 6 . Section 8203 of the
Education Code is amended to read:
8203. The Superintendent of Public Instruction
shall develop standards for the implementation of quality
high-quality early learning and educational support
programs. Indicators of quality shall include, but not be
limited to:
(a) A physical environment that is safe and appropriate to the
ages and developmental needs of the children and that
meets applicable licensing standards.
(b) Program activities and services that are age appropriate and
meet the developmental needs of each child , and utilize the
California preschool learning foundations, frameworks, and
guidelines, and California early childhood
educator competencies .
(c) Program activities and services that meet the cultural and
linguistic needs of children and families.
(d) Family and community involvement
engagement .
(e) Parent education.
(f) Efficient and effective local program administration.
(g) Staff that possesses the appropriate and required
qualifications or experience, or both. The appropriate staff
qualifications shall reflect the diverse linguistic and cultural
makeup of the children and families in the child care and development
program. The use of intergenerational staff shall be encouraged.
(g) Educators who:
(1) Foster school readiness, healthy development, and improved
child outcomes.
(2) Are culturally and linguistically diverse and reflect the
makeup of children and families in the program.
(3) Possess the appropriate and required educational
qualifications and experience, including credentials or permits, as
specified by the Commission on Teacher Credentialing and who meet
applicable licensing standards.
(4) Meet children's instructional and developmental needs.
(5) Provide positive teacher-child interactions.
(h) Program activities and services that meet
the needs of children with exceptional needs and diverse
abilities, and their families.
(i) Support services for children, families, and
providers of care early learning educators .
(j) Resource and referral services.
(k) Alternative payment services.
( l ) Provision for nutritional needs and physical
activity of children.
(m) Social services that include, but are not limited to,
child abuse prevention, identification of child and family
needs , and referral to appropriate agencies.
(n) Health Developmental and health
services , as defined in Section 8208, that include
referral of children to appropriate agencies for services.
SEC. 7. Section 8203.5 of the Education
Code is amended to read:
8203.5. (a) The Superintendent shall ensure that each contract
entered into under this chapter to provide child care and
development early learning and educational support
services, or to facilitate the provision of those services,
provides support to the public school system of this state
promotes children's school readiness and subsequent
school success through the delivery of appropriate
high-quality educational services to the children served
pursuant to the contract.
(b) The Superintendent shall ensure that all contracts for
child care and development direct classroom
services 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 8262 shall be responsible for maintaining
developmental profiles upon entry through exit from a child
development direct classroom services program.
(c) This section is not subject to Part 34 (commencing with
Section 62000) of Division 4 of Title 2.
(d) This section shall become operative on July 1, 2011.
SEC. 8. Section 8204 of the Education
Code is amended to read:
8204. In recognition of the demonstrated relationship between
food and good nutrition and the capacity of children to develop and
learn, it is the policy of this state that no child shall be hungry
while in attendance in a child care and development
facilities facility as defined in
Section 8208 and that child development these
facilities have an obligation to provide for the nutritional
needs of children in attendance.
SEC. 9. Section 8205 of the Education
Code is amended to read:
8205. It is the intent of the Legislature that in providing
child development early learning and
educational support programs the Superintendent of
Public Instruction give do the following:
(a) Develop an early learning and educational support system that
allows maximum parental choice by providing both direct classroom and
alternative payment services.
(b) Give priority to children of
families that qualify under applicable federal statutes or
regulations as recipients of public assistance and other low-income
and disadvantaged families. Federal reimbursement shall be claimed
for any child receiving services under this chapter for whom federal
funds are available.
SEC. 10. Section 8208 of the Education
Code is amended to read:
8208. As used in this chapter:
(a) "Alternative payments" includes payments that are made by one
child care agency to another agency or child care provider for the
provision of child care and development early
learning and educational support services, and payments that
are made by an agency to a parent for the parent's purchase of
child care and development early learning and
educational support services.
(b) "Alternative payment program" means a local government agency
or nonprofit organization that has contracted with the department
pursuant to Section 8220.1 to provide alternative payments and to
provide support services to parents and providers.
(c) "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.
(d) "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.
(e) (1) "Attendance" means the number of
children present at a child care and development facility where
services are provided . "Attendance," for
(2) For purposes of reimbursement
, to direct classroom programs,
attendance includes excused absences by
of 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.
(3) For purposes of reimbursement to providers through an
alternative payment services program, attendance includes either of
the following:
(A) The hours of service provided that are broadly consistent with
certified hours of need.
(B) In the case of license-exempt providers that provide part-time
services, the actual days and hours of attendance.
(f) "Capital outlay" means the amount paid for the renovation and
repair of child care and development facilities to comply with state
and local health and safety standards, and the amount paid for the
state purchase of relocatable child care and development facilities
for lease to qualifying contracting agencies.
(g) "Caregiver" means a person who provides direct care,
supervision, and guidance to children in a child care and development
facility.
(h) "Child care and development facility" means a residence or
building or part thereof of a residence or
building in which child care and development
early learning and educational support services are
provided.
(i) "Child care and development 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 or private agency,
in centers and family child care homes. These programs include, but
are not limited to, all of the following:
(1) General child care and development.
(2) Migrant child care and development.
(3) Child care provided by the California School Age Families
Education Program (Article 7.1 (commencing with Section 54740) of
Chapter 9 of Part 29 of Division 4 of Title 2).
(4) California state preschool program.
(5) Resource and referral.
(6) Child care and development services for children with
exceptional needs.
(7) Family child care home education network.
(8) Alternative payment.
(9) Schoolage community child care.
(j) "Child care and development services" means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite. These
services may include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.
(k)
(i) "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, or
emergency shelter.
(l)
(j) "Children with exceptional needs" means either of
the following:
(1) Infants and toddlers 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 child care 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 child care 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.
(m)
(k) "Closedown costs" means reimbursements for all
approved activities associated with the closing of operations at the
end of each growing season for migrant child development
programs services only.
(n)
(l) "Cost" includes, but is not limited to,
expenditures that are related to the operation of child care
and development early learning and educational
support 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.
(m) "Developmental and 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) Developmental and 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) "Direct classroom programs" means early learning and
educational support programs that serve children from birth to 13
years of age, including, but not limited to, services for infants and
toddlers, preschool age children, schoolage children, and children
of migrant agricultural worker families.
(o) "Direct classroom services" means direct classroom programs,
family child care home education networks, and programs that serve
severely disabled children, that are administered by the
Superintendent pursuant to Article 5 (commencing with Section 8228).
(p) "Early learning and educational support programs" means those
programs that offer a full range of services designed to meet a wide
variety of needs of children, from birth to 13 years of age, and
their families. Services provided by an applicant or contracting
agency, may be for any part of the day that a parent is working, in
training, seeking employment, incapacitated, or in need of respite.
These services may include, but are not limited to, direct classroom
and alternative payment services.
(o)
(q) "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
early learning and educational support programs,
for the purpose of the cancellation provisions of loans to students
in institutions of higher learning.
(p)
(r) "Family child care home education network" means an
entity organized under law that contracts with the department
pursuant to Section 8245 to make payments to licensed family child
care home providers and to provide educational and support services
to those providers and to children and families eligible for
state-subsidized child care and development
early learning and educational support services. A family child
care home education network may also be referred to as a family
child care home system.
(q) "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.
(r)
(s) "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.
(s)
(t) "Intergenerational staff" means persons of various
generations.
(t)
(u) "Limited-English-speaking-proficient and
non-English-speaking-proficient children" means children who are
unable to benefit fully from an English-only child care and
development early learning and educational support
program as a result of either of the following:
(1) Having used a language other than English when they first
began to speak.
(2) Having a language other than English predominantly or
exclusively spoken at home.
(u)
(v) "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.
(v)
(w) "Program director" means a person who, pursuant to
Sections 8244 and 8360.1, is qualified to serve as a program
director.
(w)
(x) "Proprietary child care agency"
means an organization or facility providing child care,
early learning and educational support services,
which is operated for profit.
(x)
(y) "Resource and referral programs" means programs
that provide information to parents, including referrals and
coordination of community resources for parents and public or private
providers of care. Services frequently include, but are not limited
to: technical assistance for providers, toy-lending libraries,
equipment-lending libraries, toy- and equipment-lending libraries,
staff development programs, health and nutrition education, and
referrals to social services.
(y)
(z) "Severely disabled children" 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. "Severely disabled
children" 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.
(z)
(aa) "Short-term respite child care" means child care
service to assist families whose children have been identified
through written referral from a legal, medical, or social service
agency, or emergency shelter as being neglected, abused, exploited,
or homeless, or at risk of being neglected, abused, exploited, or
homeless. Child care is provided for less than 24 hours per day in
child care centers, treatment centers for abusive parents, family
child care homes, or in the child's own home.
(aa) (1)
(ab) "Site supervisor" means a person who,
regardless of his or her title, has operational program
responsibility for a child care and development
an early lea rning and educational support
program at a single site. A site supervisor shall hold a permit
or credential issued by the Commission on Teacher Credentialing
that authorizes supervision of a child care and development
an early learning and educational support
program operating in a single site. The Superintendent may waive the
requirements of this subdivision if the Superintendent determines
that the existence of compelling need is appropriately documented.
(2) For California state preschool programs, a site supervisor may
qualify under any of the provisions in this subdivision, or may
qualify by holding an administrative credential or an administrative
services credential. A person who meets the qualifications of a
program director under both Sections 8244 and 8360.1 is also
qualified under this subdivision.
(ab)
(ac) "Standard reimbursement rate" means that rate
established by the Superintendent pursuant to Section 8265.
(ac)
(ad) "Startup costs" means those expenses an agency
incurs in the process of opening a new or additional facility before
the full enrollment of children.
(ad)
(ae) "California state preschool program"
program services " means part-day and
full-day educational programs and services designed to
facilitate the transition to kindergarten for low-income or
otherwise disadvantaged three- and four-year-old children.
(ae)
(af) "Support services" means those services that, when
combined with child care and development
early learning and educational support services, help promote
the healthy physical, mental, social, and emotional growth of
children. Support services 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.
(af)
(ag) "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.
(ag)
(ah) "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
child care and development early learning and
educational support program services to the need for these
services is low, as determined by the Superintendent.
(ah)
(ai) "Workday" means the time that the parent requires
temporary care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to
maintaining or improving the social and economic function of the
family, are beneficial to the community, or are required because of
health problems in the family.
(ai)
(aj) "Three-year-old children" means children who will
have their third birthday on or before the date specified of the
fiscal year in which they are enrolled in a California state
preschool program, as follows:
(1) November 1 of the 2012-13 fiscal year.
(2) October 1 of the 2013-14 fiscal year.
(3) September 1 of the 2014-15 fiscal year and each fiscal year
thereafter.
(aj)
(ak) "Four-year-old children" means children who will
have their fourth birthday on or before the date specified of the
fiscal year in which they are enrolled in a California state
preschool program, as follows:
(1) November 1 of the 2012-13 fiscal year.
(2) October 1 of the 2013-14 fiscal year.
(3) September 1 of the 2014-15 fiscal year and each fiscal year
thereafter.
(ak)
(a l ) "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.
SEC. 11. Section 8208.1 of the
Education Code is amended to read:
8208.1. Child care Care exempt from
licensure is a valid parental choice of care for all programs
provided for under this part, and no provision of this part shall be
construed to exclude or discourage the exercise of that choice.
SEC. 12. Section 8208.5 of the
Education Code is amended to read:
8208.5. Notwithstanding any other provision of
law, child care and development early
learning and educational support programs, as defined in
Section 8208, shall include, but not be limited to, respite child
care and development .
SEC. 13. Section 8209 of the Education
Code is amended to read:
8209. (a) If a state of emergency is declared by the Governor,
the Superintendent of Public Instruction may waive
any requirements of this code or regulations adopted pursuant to
this code relating to child care and development
early learning and educational support programs operated
pursuant to this chapter only to the extent that enforcement of the
regulations or requirements would directly impede disaster relief and
recovery efforts or would disrupt the current level of service in
child care and development early learning and
educational support programs.
(b) If a state of emergency is declared by the Governor, the
Superintendent of Public Instruction may waive,
any requirements of this code or regulations adopted pursuant to this
code relating to child nutrition programs in child care and
development early learning and educational support
programs operated pursuant to this chapter only to the extent
that enforcement of the regulations or requirements would directly
impede disaster relief and recovery efforts or would disrupt the
current level of service in child care and development
early learning and educational support programs.
(c) A waiver granted pursuant to subdivision (a) or (b) shall not
exceed 45 calendar days.
(d) For purposes of this section, "state of emergency" includes
fire, flood, earthquake, or a period of civil unrest.
(e) If a request for a waiver pursuant to subdivision (a) or (b)
is for a child care and development an early
learning and educational support program or child nutrition
program that receives federal funds and the waiver may be
inconsistent with the state plan or any federal law or regulations
governing the program, the Superintendent of Public
Instruction shall seek and obtain approval of the waiver
from the appropriate federal agency prior to
before granting the waiver.
SEC. 14. Section 8210 of the Education
Code is amended to read:
8210. Funds appropriated for the purpose of this chapter may be
used for child care resource and referral programs
which that may be operated by public
or private nonprofit entities.
SEC. 15. Section 8211 of the Education
Code is amended to read:
8211. It is the intent of the Legislature that one hundred eighty
thousand dollars ($180,000) be appropriated each fiscal year for
allocation to child care and development resource
and referral agencies operated by local educational agencies for the
purpose of the child care resources and referral
program set forth in this article.
SEC. 16. Section 8212 of the Education
Code is amended to read:
8212. For purposes of this article, child care
resource and referral programs, established to serve a defined
geographic area, shall provide the following services:
(a) Identification of the full range of existing child
care 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
that shall be maintained and updated at least
quarterly. These services shall include, but not be limited to,
early learning and educational support progr ams,
family day care homes, public and private day care programs,
full-time and part-time programs, and infant, toddler,
preschool, and extended care programs.
The resource file shall include, but not be limited to, the
following information:
(1) Type of program.
(2) Hours of service.
(3) Ages of children served.
(4) Fees and eligibility for services.
(5) Significant program information.
(b) (1) 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
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:
(A) Toll-free telephone lines.
(B) Office space convenient to parents and providers.
(C) Referrals in languages which are spoken in the community.
Each child care resource and referral program
shall publicize its services through all available media sources,
agencies, and other appropriate methods.
(2) (A) Provision of information to any person who requests a
child care referral of his or her right to view
the licensing information of a licensed child day care 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 State
Department of Social Services Community Care Licensing Division.
(B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):
"State law requires licensed child day care 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 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."
(c) 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 resource and referral programs:
(1) Number of calls and contacts to the child
care information and referral program or component.
(2) Ages of children served.
(3) Time category of child care request for
each child.
(4) Special time category, such as nights, weekends, and swing
shift.
(5) Reason that the child care is needed.
This information shall be maintained in a manner that is easily
accessible for dissemination purposes.
(d) Provision of technical assistance to existing and potential
providers of all types of child care services.
This assistance shall include, but not be limited to:
(1) Information on all aspects of initiating new child
care services including, but not limited to, licensing,
zoning, program and budget development, and assistance in finding
this information from other sources.
(2) Information and resources that help existing child
care services providers to maximize their ability to serve
the children and parents of their community.
(3) Dissemination of information on current public issues
affecting the local and state delivery of child care
services.
(4) Facilitation of communication between existing child care and
child-related services providers in the community served.
Services prescribed by this section shall be provided in order to
maximize parental choice in the selection of child
care to facilitate the maintenance and development of child
care services and resources.
(e) (1) A program operating pursuant to this article shall, within
two business days of receiving notice, remove a licensed child day
care 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 article shall, within two
business days of receiving notice, notify all entities, operating a
program under Article 3 (commencing with Section 8220) and Article
15.5 (commencing with Section 8350) in the program's jurisdiction, of
a licensed child day care facility with a revocation or a temporary
suspension order, or that is on probation.
SEC. 17. Section 8212.3 of the
Education Code is amended to read:
8212.3. (a) In addition to the services described in Section
8212, a child care resource and referral program,
established to serve a defined geographic area, may provide
short-term respite child care. "Short-term respite care," for
purposes of this article, means temporary child care services to do
any of the following:
(1) Provide services to families identified and referred by child
protective agencies.
(2) Relieve the stress caused by child abuse, neglect, or
exploitation, or the risk of abuse, neglect, or exploitation.
(3) Assist parents who, because of serious illness or injury,
homelessness, or family crisis, including temporary absence from the
home because of illness or injury, would be unable without assistance
to provide the normal care and nurture expected of parents.
(4) Provide temporary relief to parents from the care of children
with exceptional needs.
(b) Pursuant to the delivery of short-term respite child care
services, priority shall be given for the provision of services to
families identified and referred by child protective agencies, to
relieve the stress caused by child abuse, neglect, or exploitation,
or the risks thereof, as described in paragraphs (1) and (2) of
subdivision (a). Priority shall be given to assist parents and to
provide temporary relief to parents, as described in paragraphs (3)
and (4) of subdivision (a) to the extent that resources are
available.
SEC. 18. Section 8213 of the Education
Code is amended to read:
8213. All child care resource and referral
services shall be provided in a manner which
that is responsive to the diverse cultural, linguistic, and
economic needs of a defined geographic area of service.
SEC. 19. Section 8214 of the Education
Code is amended to read:
8214. Child care resources (a)
Resource and referral services shall be
provided to all persons requesting services and to all types of
child care eligible providers,
regardless of income level or other eligibility criteria. In addition
to the services prescribed by this section, child care
resource and referral may provide a wide variety of parent
and provider support and educational services.
(b) (1) To assist parents in making informed choices about the
available types of care, all families determined eligible for and
receiving services through the alternative payment program pursuant
to Article 3 (commencing with Section 8220) and all parents
determined eligible for and receiving services through the CalWORKs
Stage 2 and Stage 3 programs pursuant to Article 15.5 (commencing
with Section 8350) shall be provided parent information resources.
(2) These informational resources shall be provided at the time
the family is determined eligible for services and at recertification
of eligibility, pursuant to Section 8220.5, so that parents may make
informed choices about services available.
(3) These informational resources shall include options that both
offer a safe, caring, and age-appropriate early learning and
educational support environment for children, as well as support the
parents' work activity and shall also describe indicators of
high-quality early learning and educational support options pursuant
to subparagraphs (A) to (G), inclusive, of paragraph (4).
(4) Resource and referral agencies may utilize resources from a
certified list posted on the department's Internet Web site, pursuant
to subdivision (c), or may develop local resources that shall
include, but are not limited to:
(A) Information regarding how to select services that meet the
needs of the parent and child.
(B) Information on licensing requirements and procedures for
centers and family child care homes.
(C) Trustline requirements for family child care homes and
license-exempt providers.
(D) A range of possible early learning and educational support
options from which a parent may choose.
(E) Information on available care subsidies and eligibility
requirements.
(F) Quality indicators including provider or educator training,
accreditation, staff stability, group size, ratio of children to
staff, environments that support the healthy development of children,
parent involvement and parent-provider communication.
(G) Information on quality rating and improvement systems, where
available.
(c) The department shall develop and certify a list of
high-quality early learning and educational support resources to
demonstrate high-quality options available to parents. The list of
certified resources shall be posted and maintained on the department'
s Internet Web site.
SEC. 20. Section 8215 of the Education
Code is amended to read:
8215. (a) There is hereby established a project known as the
California Child Care Initiative Project. It is the intent of the
Legislature to promote and foster the project in cooperation with
private corporations and local governments. The objective of the
project is to increase the availability of quality child
care programs in the state.
(b) For purposes of this section, the California Child Care
Initiative Project means a project to expand the role and functions
of selected resource and referral agencies in activities including
needs assessment, recruitment and screening of providers, technical
assistance, and staff development and training, in order to aid
communities in increasing their capability in the number of
child care spaces available and the quality of
child care
services offered.
(c) The Superintendent of Public Instruction
shall allocate all state funds appropriated for the California Child
Care Initiative Project for the purpose of making grants to those
child care resource and referral agencies that
have been selected as pilot sites for the project.
(d) The project shall ensure that each dollar of state funds
allocated pursuant to subdivision (c) is matched by two dollars ($2)
from other sources, including private corporations, the federal
government, or local governments.
(e) The grants to the sites made available by the project shall be
comprised of a combination of state funds and other funds pursuant
to subdivision (d).
(f) The Superintendent of Public Instruction
shall develop a data base database for
the project.
SEC. 21. Section 8216 of the Education
Code is amended to read:
8216. When making referrals, every agency operating both
a direct service classroom
services program or an alternative payment program and a
resource and referral program shall provide at least four referrals,
at least one of which shall be a provider over which the agency has
no fiscal or operational control, as well as information to a family
on the family's ability to choose a license exempt provider.
SEC. 22. Section 8220 of the Education
Code is amended to read:
8220. Upon the approval of the State Department of
Education, department, funds appropriated for
the purposes of this chapter may be used for alternative payment
programs to allow for maximum parental choice. Various methods of
reimbursement for parental costs for child care
may be utilized. All payment arrangements shall conform to the
eligibility criteria and the parent fee schedule established pursuant
to Sections 8263 and 8265.
To provide for maximum parental choice, alternative payment
programs may include the following:
(a) A subsidy that follows the family from one provider to another
within a given alternative payment program.
(b) Choices, whenever possible, among hours of service including
before and after school, evenings, weekends, and split shifts.
(c) Child care and development Early
learning and educational support services according to parental
choice, including use of family day care homes, general center based
programs, and other state-funded programs to the extent that those
programs exist in the general service area and are in conformity with
the purposes and applicable laws for which those programs were
established, but excluding California state preschool
programs program services .
SEC. 23. Section 8220.1 of the
Education Code is amended to read:
8220.1. (a) The State Department of Education
department shall contract with local contracting agencies
for alternative payment programs so that services will be provided
throughout the state. The department shall expand existing
alternative payment programs and fund new alternative payment
programs to the extent that funds are provided by the Legislature.
(b) Funding for the new programs pursuant to this section shall be
allocated to programs which meet all of the following requirements:
(1) Applicants shall conform to the requirements of this article.
(2) Applicants shall demonstrate that an alternative payment
child development program is an appropriate method
of delivering child care services within the
county or service area at the level requested in the application by
doing either of the following:
(A) Demonstrating the availability of sufficient licensed or
exempt child care license-exempt
providers.
(B) Providing a plan for the development of sufficient licensed
child care providers working in cooperation with
the local resource and referral agency.
(3) Applicants shall demonstrate the administrative viability of
the alternative payment agency and its capacity to meet performance
requirements.
(4) Existing alternative payment child development
programs receiving funds for expansion into a new service
area shall be funded at a documented rate appropriate to that
community and may contract separately as appropriate.
(c) On and after July 1, 2014, the Superintendent shall streamline
the delivery of alternative payment programs through the
simplification of contracts that serve special populations,
including, but not limited to, migrant populations. Contractors shall
continue to serve the same populations specified in their 2013-14
contracts, unless they receive prior approval from the department.
SEC. 24. Section 8220.3 is added to the
Education Code , to read:
8220.3. Alternative payment contractors serving migrant
populations shall give priority for enrollment to children of migrant
agricultural worker families, in the following priority order:
(a) The family moves from place to place.
(b) The family has qualified for services under paragraph (1) of
subdivision (b) of Section 8231 within the past five years and is
currently dependent for its income on agricultural employment, but is
currently settled near agricultural areas.
(c) The family resides in a rural agricultural area and is
dependent upon seasonal agricultural work.
SEC. 25. Section 8220.5 of the
Education Code is amended to read:
8220.5. (a) To offer maximum support for
parents and providers, alternative payment programs shall have access
to resource and referral services. Funding shall be adequate to
purchase care at the fee charged the same
rate that a private client is charged for the same
service as well as to provide locally designed support services for
parents and providers. In communities where there are no
resource and referral agencies, alternative payment programs
Alternative payment programs , in
collaboration with resource and referral agencies in the county,
shall provide the following support services:
(a) Information for parents to assist them in making informed
choices.
(1) At the time the family is determined eligible for services and
at recertification, provide information for parents to assist them
in making informed choices about available types of care that offer a
safe, caring, and age-appropriate early learning and educational
support environment for children, as well as support the parents'
work activities, including, but not limited to, all of the following:
(A) Information about high-quality early learning and educational
support services pursuant to subdivision (b) of Section 8214.
(B) Information on quality rating and improvement systems, where
available.
(b)
(2) Professional and technical assistance and
information for providers.
(c)
(3) Parenting information.
(b) The department shall make informational resources available to
both resource and referral programs and alternative payment programs
pursuant to subdivision (c) of Section 8214.
SEC. 26. Section 8222 of the Education
Code is amended to read:
8222. (a) Payments made by alternative payment programs shall not
exceed the applicable market rate ceiling. Alternative payment
programs may expend more than the standard reimbursement rate for a
particular child. However, the aggregate payments for services
purchased by the agency during the contract year shall not exceed the
assigned reimbursable amount as established by the contract for the
year. No agency may make payments in excess of the rate charged to
full-cost families. This section does not preclude alternative
payment programs from using the average daily enrollment adjustment
factor for children with exceptional needs as provided in Section
8265.5.
(b) Alternative payment programs shall reimburse licensed
child care providers in accordance with a biennial market
rate survey pursuant to Section 8447, at a rate not to exceed the
ceilings established pursuant to Section 8357.
(c) An alternative payment program shall reimburse a licensed
provider for child care of a subsidized child
based on the rate charged by the provider to nonsubsidized families,
if any, for the same services, or the rates established by the
provider for prospective nonsubsidized families. A licensed
child care provider shall submit to the alternative payment
program a copy of the provider's rate sheet listing the rates
charged, and the provider's discount or scholarship policies, if any,
along with a statement signed by the provider confirming that the
rates charged for a subsidized child are equal to or less than the
rates charged for a nonsubsidized child.
(d) An alternative payment program shall maintain a copy of the
rate sheet and the confirmation statement.
(e) A licensed child care provider shall submit
to the local resource and referral agency a copy of the provider's
rate sheet listing rates charged, and the provider's discount or
scholarship policies, if any, and shall self-certify that the
information is correct.
(f) Each licensed child care provider may alter
rate levels for subsidized children once per year and shall provide
the alternative payment program and resource and referral agency with
the updated information pursuant to subdivisions (c) and (e), to
reflect any changes.
(g) A licensed child care provider shall post
in a prominent location adjacent to the provider's license at the
child care facility the provider's rates and discounts or scholarship
policies, if any.
(h) An alternative payment program shall verify provider rates no
less frequently than once a year by randomly selecting 10 percent of
licensed child care providers serving subsidized
families. The purpose of this verification process is to confirm that
rates reported to the alternative payment programs reasonably
correspond to those reported to the resource and referral agency and
the rates actually charged to nonsubsidized families for equivalent
levels of services. It is the intent of the Legislature that the
privacy of nonsubsidized families shall be protected in implementing
this subdivision.
(i) The department shall develop regulations for addressing
discrepancies in the provider rate levels identified through the rate
verification process in subdivision (h).
SEC. 27. Section 8223 of the Education
Code is amended to read:
8223. The reimbursement for alternative payment programs shall
include the cost of child care paid to
child care providers plus the administrative and support
services costs of the alternative payment program. The total cost for
administration and support services shall not exceed an amount equal
to 17.5 percent of the total contract amount. The administrative
costs shall not exceed the costs allowable for administration under
federal requirements.
SEC. 28. Section 8225 of the Education
Code is amended to read:
8225. When making referrals, every agency operating both
a direct service classroom services
p rogram or a resource and referral program and an
alternative payment program shall provide at least four referrals, at
least one of which shall be a provider over which the agency has no
fiscal or operational control, as well as information to a family on
the family's ability to choose a license exempt provider.
SEC. 29. Section 8226 of the Education
Code is amended to read:
8226. (a) When making referrals, every program operating pursuant
to this article shall provide information to any person who requests
a child care referral of his or her right to view
the licensing information of a licensed child day care 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 State
Department of Social Services Community Care Licensing Division.
(b) A written or oral advisement in substantially the following
form will comply with the requirements of subdivision (a):
"State law requires licensed child day care 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 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."
(c) Every program operating pursuant to this article shall, within
two days of receiving notice, remove from the program's referral
list the name of any licensed child day care facility with a
revocation or a temporary suspension order or that is on probation.
(d) A program operating pursuant to this article shall, within two
business days of being notified of a revocation or a temporary
suspension order for a licensed child day care facility, do both of
the following:
(1) Terminate payment to the facility.
(2) Notify each parent and the facility in writing that payment
has been terminated and the reason for the termination.
(e) A program operating pursuant to this article shall, upon being
notified that a licensed child day care facility has been placed on
probation, provide written notice to each parent utilizing the
facility that the facility has been placed on probation and that the
parent has the option of selecting a different child day
care provider or remaining with the facility without risk
of subsidy payments to the provider being terminated. The Legislature
urges each agency operating pursuant to this section to provide the
written notice required by this subdivision in the primary language
of the parent, to the extent feasible.
SEC. 30. Section 8227 of the Education
Code is amended to read:
8227. (a) To the extent that funding is made available for this
purpose through the annual Budget Act, the alternative payment agency
in each county shall design, maintain, and administer a system to
consolidate local child care waiting lists so as to establish a
countywide centralized eligibility list. In those counties with more
than one alternative payment agency, the agency that also administers
the resource and referral program shall have the responsibility of
developing, maintaining, and administering the countywide centralized
eligibility list. In those counties with more than one alternative
payment agency and more than one resource and referral program, the
State Department of Education department
shall establish a process to select the agency to develop,
maintain, and administer the countywide centralized eligibility list.
(b) Notwithstanding subdivision (a), in those counties in which a
countywide centralized eligibility list exists, as of the date that
the act adding this section is enacted, the entity administering that
list may receive funding, instead of the entity specified under
subdivision (a).
(c) Each centralized eligibility list shall include all of the
following:
(1) Family characteristics, including ZIP Code of residence, ZIP
Code of employment, monthly income, and size.
(2) Child characteristics, including birth date and whether the
child has special needs.
(3) Service characteristics, including reason for need, whether
full-time or part-time service is requested, and whether after hours
or weekend care is requested.
(d) Information collected for the centralized eligibility list
shall be reported to the Superintendent of Public
Instruction on an annual basis on the date and in the
manner determined by the State Department of Education
department .
(e) (1) To be eligible to enter into an agreement with the
department to provide subsidized child care, a
contractor shall participate in and use the centralized eligibility
list.
(2) A contractor with a campus child care and development program
operating pursuant to Section 66060, migrant child care and
development a program operating on a seasonal
basis providing services to a migrant population pursuant
to Section 8230, or a program serving severely
handicapped disabled children pursuant to
subdivision (d) of Section 8250 and who has a local site waiting list
shall submit eligibility list information to the centralized
eligibility list administrator for any parent seeking subsidized
child care services for whom these
programs are not able to provide child care and development
early learning and educational support services.
A child care and development contractor or
program described in this paragraph may utilize any waiting lists
developed at its local site to fill vacancies for its specific
population. Families enrolled from a local site waiting list shall be
enrolled pursuant to Section 8263.
SEC. 31. Article 5 (commencing with Section 8228)
is added to Chapter 2 of Part 6 of Division 1 of Title 1
of the Education Code , to read:
Article 5. Direct Classroom Services
8228. (a) The Superintendent shall administer early learning and
educational support programs through direct classroom services,
including, but not limited to, direct classroom programs pursuant to
Article 6 (commencing with Section 8230) and Article 7 (commencing
with Section 8235), family child care home education networks
pursuant to Article 8.5 (commencing with Section 8245), and services
for children with special needs pursuant to Article 9 (commencing
with Section 8250).
(b) Contractors providing direct classroom services pursuant to
this article shall comply with the administrative requirements set
forth in Article 10 (commencing with Section 8255).
8228.1. The Superintendent, with funds appropriated for this
purpose, shall administer programs through direct classroom services.
These programs shall include, but not be limited to, all of the
following:
(a) Age and developmentally appropriate activities for children.
(b) Supervision.
(c) Parenting education and parent engagement.
(d) Developmental and health services.
(e) Nutrition.
(f) Family support services that include, but are not limited to,
assessment of child and family needs and referral to appropriate
human services organizations.
(g) Training, professional development, and career advancement
opportunities, documentation of which shall be provided to the
department.
8228.2. (a) Subdivision (b) shall apply to the award of funding
for direct classroom services programs if upon appropriation by the
Legislature moneys are made available for that purpose in any fiscal
year.
(b) (1) When funding is made available, priority for funding shall
be given to programs operating classrooms located in the attendance
area of elementary schools ranked in deciles 1 to 3, inclusive, of
the Academic Performance Index pursuant to Section 52056.
(2) In an application for funds pursuant to this subdivision, an
agency shall furnish the Superintendent with an estimate of the
number and ages of 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.
(3) In awarding contracts for expansion, the Superintendent shall
take into account the geographic criteria established pursuant to
Section 8279.2, and the headquarters preferences and eligibility
criteria relating to fiscal or programmatic noncompliance established
pursuant to Section 8261.
(c) This section does not prevent eligible children who are
currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
SEC. 32. The heading of Article 6 (commencing with
Section 8230) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 6. Migrant Child Care and Development
Programs Services for Migrant Populations
SEC. 33. Section 8230 of the Education
Code is amended to read:
8230. The Superintendent of Public Instruction shall
administer all migrant child care and development programs.
Contractors serving migrant populations shall comply with the
requirements set forth in this article. In addition, the
Superintendent of Public Instruction shall support
and encourage the state-level coordination of all agencies that
offer services to migrant children and their families
populations and state-level coordination of
existing health funds for migrants.
SEC. 34. Section 8231 of the Education
Code is amended to read:
8231. (a) For the purpose of this article
chapter , a "migrant agricultural worker family" means a
family that has earned at least 50 percent of its total
gross with at least one parent that has earned at
least 50 percent of his or her income from employment in
fishing, agriculture, or agriculturally related work during the
12-month period immediately preceding the date of application for
child care and development early learning and
educational support services.
(b) Children For purposes of this article,
priority for enrollment shall be given to children of migrant
agricultural worker families shall be enrolled in child
development programs on the basis of in the
following priorities priority order :
(1) The family moves from place to place.
(2) The family has qualified under paragraph (1) within the past
five years and is currently dependent for its income on agricultural
employment, but is currently settled near agricultural areas.
(3) The family resides in a rural agricultural area and is
dependent upon seasonal agricultural work.
(4) Eligibility and priority for services for the federally funded
Migrant Child Development Program shall be in accordance with the
applicable federal regulations.
(c) If a contractor serving migrant populations, upon prioritizing
migrant families for enrollment and complying with this section, is
unable to reach the anticipated level of enrollment as provided in
the contract for services, the contractor may use any funds remaining
to enroll children from otherwise eligible families pursuant to the
priorities set forth in Section 8263.
SEC. 35. Section 8232 of the Education
Code is amended to read:
8232. The superintendent Superintendent
shall develop appropriate migrant child care and
development programs, quality indicators for
contractors that serve migrant populations , including those
prescribed in subdivisions (a) to (h), inclusive, and (k) to
(m), inclusive, of Section 8203, and the following:
(a) Social services.
(1) Bilingual liaison between migrant parents and the center or
family child care home, or both.
(2) Liaison between the agency and the relevant community agencies
and organizations, including health and social services.
(3) Identification and documentation of family needs and followup
referrals as appropriate.
(b) Staffing.
(1) Bilingual health personnel shall be available to each program
site of a migrant child care and development
an agency that serves migrant populations .
(2) Professional and nonprofessional staff shall reflect the
linguistic and cultural background of the children being served.
(3) Whenever possible, migrants will be recruited, trained, and
hired in child care and development early
learning and educational support programs. Documentation of
training and career ladder opportunities and of recruitment and
hiring efforts shall be provided to the Department of
Education. department. Staff training shall
include principles and practices of child care and
development early learning and educational support
for the age groups of children being served.
(c) Health Developmental and health
services in migrant child care and development programs
agencies that serve migrant populations shall
include health and dental screening and followup treatment. Health
records for all migrant children shall follow the child.
SEC. 36. Section 8233 of the Education
Code is amended to read:
8233. (a) Cost for migrant programs
population services may exceed the standard reimbursement rate
established by the Superintendent of Public Instruction.
Superintendent. In no case shall the
reimbursement exceed the cost of the program
services . State-funded programs may be eligible for Chapter I
federal funds to supplement state funding. These funds shall not be
contingent upon the provision of additional child days or enrollment.
(b) The Superintendent of Public Instruction
shall annually reimburse agencies that provide services for
seasonal migrant child care and development agencies
populations pursuant to this article for
approvable startup and closedown costs. Reimbursement for both
startup and closedown costs shall not exceed 15 percent of
each such the agency's total contract amount.
Seasonal
(c) Agencies that provid e
services for seasonal migrant child care
and development agencies populations shall
submit reimbursement claims for startup costs with their first
monthly reports, and reimbursement claims for closedown costs with
their final reports.
SEC. 37. The heading of Article 7 (commencing with
Section 8235) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 7. California State Preschool Programs
Program Services
SEC. 38. Section 8235 of the Education
Code is amended to read:
8235. (a) The Superintendent shall administer all
Contractors providing California state preschool
programs. Those programs shall include, but not be limited
to, part-day age and developmentally appropriate programs designed to
facilitate the transition to kindergarten for three-
program services for children described in subdivision (aj) of
Section 8208, and four-year-old children , as
described in subdivision (ak) of Section 8208, shall adhere to the
requirements set forth in Article 5 (commencing with Section 8228)
in educational development, health services, social services,
nutritional services, parent education and parent participation,
evaluation, and staff development. Preschool programs
These programs shall include, but are not limited to,
part-day age and developmentally appropriate programs designed to
facilitate the transition to kindergarten for three- and
four-year-old children.
(b) Preschool services
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)
(c) Three- and four-year-old children are eligible for
the part-day California state preschool program
services if the family meets at least one of the criteria
specified in paragraph (1) of subdivision (a) of Section 8263.
(c)
(d) Notwithstanding any other law, a contractor
providing part-day California state preschool program
services may provide services to children in families whose
income is no more than 15 percent above the income eligibility
threshold, as described in Sections 8263 and 8263.1, after all
eligible three- and four-year-old children have been enrolled. No
more than 10 percent of children enrolled, calculated throughout the
participating program's entire contract, may be filled by children in
families above the income eligibility threshold.
(d)
(e) A part-day California state preschool program shall
operate for a minimum of (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.
(e)
(f) Any agency described in subdivision (c) of Section
8208 as an "applicant or contracting agency" is eligible to contract
to operate a California state preschool program.
(f)
(g) Part-day preschool services shall be reimbursed on
a per capita basis, as determined by the Superintendent, and
contingent on funding being provided for the part-day preschool
services in the annual Budget Act.
(g)
(h) Federal Head Start funds used to provide services
to families receiving California state preschool services shall be
deemed nonrestricted funds.
SEC. 39. Section 8236 of the Education
Code is amended to read:
8236. (a) (1) Each applicant or contracting agency
funded pursuant to Section 8235 Contractors providing
California state preschool program services pursuant to this article
shall give first priority to three- or four-year-old neglected
or abused children who are recipients of child protective services,
or who are at risk of being neglected, abused, or exploited upon
written referral from a legal, medical, or social service agency. 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.
(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children before enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
(b) For California state contractors that
provide part-day preschool programs
services that are operating with funding that was initially
allocated in a prior fiscal year, at least one-half of the children
enrolled at a preschool site shall be four-year-old children. Any
exception to this requirement shall be approved by the
Superintendent. The Superintendent shall inform the Department of
Finance of any exceptions that have been granted and the reasons for
granting the exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program se
rvices 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 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.
(d) This section does not preclude a local educational agency from
subcontracting with an appropriate public or private agency to
operate a California 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 California 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 California state preschool program.
(e) This section does not prevent eligible children who are
currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
SEC. 40. Section 8236.1 of the
Education Code is amended to read:
8236.1. The department shall annually monitor funding used in
general child care and development direct
classroom programs for infants and toddlers, and hours of
service provided in the California state preschool
program services , and shall annually report to the
Department of Finance and to the Legislature a statewide summary
identifying the estimated funding used for infants and toddlers, and
the number of preschool age children receiving part-day preschool and
wraparound child care services, as defined in
subdivision (f) of Section 8239. The annual report shall include a
comparison to the prior year on a county-by-county basis.
SEC. 41. Section 8238.4 of the
Education Code is amended to read:
8238.4. (a) A family literacy supplemental grant shall be made
available and distributed to qualifying California state preschool
classrooms, as determined by the Superintendent, at a rate of two
thousand five hundred dollars ($2,500) per class. The Superintendent
shall distribute the family literacy supplemental grant funds
according to the following priorities:
(1) First priority shall be assigned to contractors providing
California state preschool programs
program services that contract to receive this funding before
July 1, 2012. These programs shall receive this funding until their
contract is terminated or the California state preschool program no
longer provides family literacy services.
(2) Second priority shall be assigned to contractors
providing California state preschool programs
program services operating classrooms located in
the attendance area of elementary schools in deciles 1 to 3,
inclusive, based on the most recently published Academic Performance
Index pursuant to Section 52056. The Superintendent shall use a
lottery process in implementing this paragraph.
(b) A family literacy supplemental grant distributed pursuant to
this section shall be used for purposes specified in Section 8238.
(c) Implementation of this section is contingent upon funding
being provided for family literacy supplemental grants for California
state preschool programs program services
in the annual Budget Act or other statute.
SEC. 42. Section 8239 of the Education
Code is amended to read:
8239. The Superintendent shall encourage state preschool program
applicants or contracting agencies to offer full-day services through
a combination of part-day preschool slots and wraparound
general child care and development programs services
. In order to facilitate a full-day of services, all of the
following shall apply:
(a) Part-day preschool programs services
provided pursuant to this section shall operate between 175 and
180 days and shall include the core class curriculum .
(b) Wraparound general child care and development
programs services provided pursuant to this
section may shall operate a minimum of
246 days per year unless the child development
contract specified a lower minimum days of operation.
Part-day general child care and development programs
Wraparound services may operate a full-day for the remainder of
the year after the completion of the part-day preschool
program services. Services shall be provided in accordance with
Article 1 (commencing with Section 8200) and Article 5 (commencing
with Section 8228) .
(c) Part-day preschool services combined with wraparound
child care services shall be reimbursed at no more than the
full-day standard reimbursement rate for general child care
programs , with adjustment factors, pursuant to
Section 8265 and as determined in the annual Budget Act.
(d) Three- and four-year-old children are eligible for wraparound
child care services to supplement the part-day
California state preschool program
services if the family meets at least
one of the eligibility criteria specified in
paragraph (1) of subdivision (a) of Section 8263, and the parents
meet at least one of the criteria specified in paragraph (2) of
subdivision (a) of Section 8263.
(e) Fees shall be assessed and collected for families with
children in part-day preschool programs, or families receiving
wraparound child care services, or both, pursuant to subdivisions (g)
and (h) of Section 8263.
(f) For purposes of this section, "wraparound child care services"
and "wraparound general child care and development programs" mean
services provided for the remaining portion of the day or remainder
of the year following the completion of part-day preschool services
that are necessary to meet the child care needs of parents eligible
pursuant to subdivision (a) of Section 8263. These services shall be
provided consistent with the general child care and development
programs provided pursuant to Article 8 (commencing with Section
8240).
(f) For purposes of this section, the following definitions apply:
(1) "Wraparound services" means additional funding beyond the
part-day California state preschool program services provided
pursuant to subdivision (a), to meet a family's need for services
while the parent participates in an approved work or work-related
activity. These services shall be provided consistent with the early
learning and educational support programs provided pursuant to
Article 1 (commencing with Section 8200) and Article 5 (commencing
with Section 8228).
(2) "Core class curriculum" means services that are
developmentally, culturally, and linguistically appropriate for
children served pursuant to this article, and that operate for a
minimum of three hours per day, excluding scheduled nap periods, for
a minimum of 175 days.
SEC. 43. The heading of Article 8 (commencing with
Section 8240) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 8. General Child Care and Development
Direct Classroom Programs
SEC. 44. Section 8240 of the Education
Code is amended to read:
8240. (a) The Superintendent of
Public Instruction , with funds appropriated for this
purpose, shall administer general child care and development
programs.
General child care and development programs shall include:
(a)
(1) Age and developmentally appropriate activities for
children.
(b)
(2) Supervision.
(c)
(3) Parenting education and parent involvement.
(d)
(4) Social services that include, but are not limited
to, identification of child and family needs and referral to
appropriate agencies.
(e)
(5) Health services.
(f)
(6) Nutrition.
(g)
(7) Training and career ladder opportunities,
documentation of which shall be provided to the Department
of Education department .
(b) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute that
is enacted before January 1, 2015, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 45. Section 8240 is added to the
Education Code , to read:
8240. (a) Direct classroom programs shall serve children from
birth to 13 years of age, including, but not limited to, services for
all of the following:
(1) Infants and toddlers.
(2) Preschool age children.
(3) Schoolage children.
(4) Migrant children.
(b) The Superintendent shall streamline the delivery of direct
classroom programs through the simplification of contracts that serve
children described in subdivision (a). This shall include, but is
not limited to, services for both of the following special
populations:
(1) Preschool age children.
(2) Migrant children.
(c) (1) Contractors shall continue to serve the same populations
specified in their 2013-14 contracts, unless they receive prior
approval from the department.
(2) Contractors that provide services to migrant populations shall
comply with Article 6 (commencing with Section 8230).
(3) Contractors that provide services to California state
preschool program populations shall comply with Article 7 (commencing
with Section 8235).
(d) This section shall become operative on July 1, 2014.
SEC. 46. Section 8244 of the Education
Code is amended to read:
8244. (a) (1) Any entity operating child care and
development programs funded pursuant to this
chapter that provide direct classroom services to children
at two or more sites, including through more than one contract or
subcontract funded pursuant to this chapter, shall employ a program
director.
(2) Programs providing direct services to children, for the
purposes of this section, are general child care and
development direct classroom services programs
pursuant to Article 8 5 (commencing
with Section 8240), 8228), migrant
child care and development programs services
pursuant to Article 6 (commencing with Section 8230),
campus child care and development programs pursuant to Article 4
(commencing with Section 8225), California state
preschool programs pursuant to Article 7 (commencing with Section
8235), child care and development direct
classroom services for children with special needs programs
pursuant to Article 9 (commencing with Section 8250), infant care and
development services programs pursuant to Article 17 (commencing
with Section 8390), and any of these programs operated through family
child care homes.
(b) (1) For purposes of this section, the following definitions
shall apply:
(A) "Administrative responsibility" means awareness of the
financial and business circumstances of the program, and, in
appropriate cases, supervision of administrative and support
personnel and the knowledge and authority to direct or modify
administrative practices and procedures to ensure compliance to
administrative and financial standards imposed by law.
(B) "Program director" means a person who, regardless of his or
her title, has programmatic and administrative responsibility for
a child care and development an early
learning and educational support program that provides direct
services to children at two or more sites.
(C) "Programmatic responsibility" means overall supervision of
curriculum and instructional staff, including instructional aides,
and the knowledge and authority to direct or modify program practices
and procedures to ensure compliance to applicable quality and health
and safety standards imposed by law.
(2) Administrative and programmatic responsibility also includes
the responsibility to act as the representative for the
child development early learning and educational
support program to the State Department of Education.
department. With respect to programs operated
through family child care homes, administrative and programmatic
responsibility includes ensuring that quality services are provided
in the family child care homes.
(c) The program director also may serve as the site supervisor at
one of the sites, provided that he or she both fulfills the duties of
a "day day care center
director," director, as set forth in Section
101315 101215.1 of Title 22 of the
California Code of Regulations, and meets the qualifications for a
site supervisor as set forth in subdivision (aa)
(ab ) of Section 8208.
(d) The Superintendent of Public Instruction
may waive the qualifications for program director described in
Sections 8360.1 and 8360.3 upon a finding of one of the following
circumstances:
(1) The applicant is making satisfactory progress toward securing
a permit issued by the Commission on Teacher Credentialing
authorizing supervision of a child care and development
early learning and educational support program
operating in two or more sites or fulfilling the qualifications for
program directors in severely handicapped programs
serving severely disabled children , as specified in
Section 8360.3.
(2) The place of employment is so remote from institutions
offering the necessary coursework as to make continuing education
impracticable and the contractor has made a diligent search but has
been unable to hire a more qualified applicant.
(e) The Superintendent of Public Instruction ,
upon good cause, may by rule identify and apply grounds in addition
to those specified in subdivision (d) for granting a waiver of the
qualifications for program director.
SEC. 47. The heading of Article 9 (commencing with
Section 8250) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 9. Child Care and Development
Services for Children with Special Needs
SEC. 48. Section 8250 of the Education
Code is amended to read:
8250. (a) The Superintendent shall ensure that eligible children
with exceptional needs are given equal access to all child
care and development early learning and educational
support programs. Available federal and state funds for
children with exceptional needs above the standard reimbursement
amount shall be used to assist agencies in developing and supporting
appropriate programs for these children.
(b) To provide children with exceptional needs with additional
access to child care and development early
learning and educational support programs, the Superintendent
shall establish alternate appropriate placements, such as
self-contained programs and innovative programs using the least
restrictive environment. These programs shall be started as expansion
funds become available and shall be expanded throughout the
implementation of the plan. The Superintendent shall utilize existing
program models and input from program specialists to develop new
program criteria and guidelines for programs serving children with
exceptional needs. These programs may serve children with exceptional
needs up to 21 years of age.
(c) Any child with exceptional needs served in child care
and development early learning and educational
support programs shall be afforded all rights and protections
guaranteed in state and federal laws and regulations for individuals
with exceptional needs.
(d) Notwithstanding any other provision of this chapter, the
Superintendent may develop unique reimbursement rates for, and make
reimbursements to, child care and development
early learning and educational support programs that received
state funding for the 1980-81 fiscal year and serve severely disabled
children, as defined in subdivision (y) (z)
of Section 8208, when all of the following conditions exist:
(1) Eligibility for enrollment of a severely disabled child in the
program is the sole basis of the child's need for service.
(2) Services are provided to severely disabled children from birth
to 21 years of age.
(3) No fees are charged to the parents of the severely disabled
children receiving the services.
(e) The Superintendent shall include child care and
development providers in all personnel development for
persons providing services for children with exceptional needs.
SEC. 49. Section 8250.5 of the
Education Code is amended to read:
8250.5. A contractor providing services pursuant to a
general child care direct classroom services
contract, a campus child care contract, a migrant
child care services contract, or an
alternative payment child care contract is subject to the
requirements of the Americans with Disabilities Act (42 U.S.C. Sec.
12101, et seq.).
SEC. 50. Section 8251 of the Education
Code is a mended to read:
8251. All child care and development
direct classroom services programs shall include plans or
programs, or both, for the care of the children when they are sick.
These plans shall be age appropriate and parents shall be included in
the planning and evaluation. The Superintendent of Public
Instruction shall disseminate information regarding
effective sick child care models to all child care and
development early learning and educational support
programs.
Nothing in this chapter shall be construed to allow the practice
of medicine without a license.
SEC. 51. Section 8252 of the Education
Code is amended to read:
8252. (a) The Department of Education
department and the local county welfare department shall enter
into contracts which that establish the
procedures for serving and referring a child in need of care as part
of the provision of protective services pursuant to Chapter 5
(commencing with Section 16500) of Part 4 of Division 9 of the
Welfare and Institutions Code. The Department of Education
department , in consultation with the State
Department of Social Services, may contract with another appropriate
community agency which that provides
services or referrals, or both, for the prevention or intervention of
child abuse or neglect if no such contract for child care services
exists between the Department of Education
department and the county welfare department.
(b) The contracts shall specify the resource and referral program
or operating agency or agencies providing child care and
development early learning and educational support
pursuant to this chapter in the county that the local
contracting agency shall contact to secure care for a child needing
protective services. If an operating agency is unable to enroll the
child, the local contracting agency described in subdivision (a) with
the assistance of the providers of local resources and referral
services shall locate services for the family. Payments for
such these located services in the absence of
other funds shall be made by the local contracting agency.
The
(c) The need for child
care services funded pursuant to this section
shall be reviewed by the local contracting agency no less than every
three months.
SEC. 52. Section 8255 of the Education
Code is amended to read:
8255. (a) The Legislature finds and declares that the
effectiveness of child care and development
early learning and educational support programs can be
increased through improved state administration, technical assistance
to provider agencies, and monitoring.
(b) It is the intent of the Legislature:
(1) That the State Department of Education
department develop clear, consistent, and appropriate
regulations for child care and development
early learning and educational support programs to replace
policy guidelines which that are not
subject to the public hearing process, often inconsistent, and
without the force of law.
(2) That the State Department of Education
department make better use of staff with direct field
experience in child development early
learning and educational support programs.
(3) That better criteria be developed for the awarding,
evaluating, and renewal of child care and development
early learning and educational support
contracts.
(4) That improvements be made in the method of reimbursing
child care and development program providers.
(5) That increased effort be made to provide program operators
with technical assistance in meeting their contractual obligations.
SEC. 53. Section 8257 of the Education
Code is amended to read:
8257. The department shall do all of the following in
administering the provisions of this chapter:
(a) Apply sanctions against contracting agencies that have serious
licensing violations, as defined and reported by the State
Department of Social Services pursuant to Section 1544 of the Health
and Safety Code.
(b) Provide 90 days' written notification to any contractor whose
agreement is being terminated, except if there is imminent danger to
the health and welfare of children if agency operation is not
terminated more promptly. Notwithstanding Article 18 (commencing with
Section 8400), the department shall establish procedures for placing
a contractor whose agreement is being terminated into receivership.
Action to initiate receivership shall be at the discretion of the
department, and may be taken against a contractor whose agreement is
being terminated either immediately or within 90 days. The receiver
shall not be a department employee. The receiver shall have
sufficient experience in the administration of child care
and development early learning and educational support
programs to ensure compliance with the terms of the
receivership.
SEC. 54. Section 8258 of the Education
Code is amended to read:
8258. (a) No person employed by the State Department of
Education department in a policymaking position
in the area of child care and development
early learning and educational support programs shall serve as
a member of the board of directors, advisory council, or advisory
committee for any agency receiving funds pursuant to this chapter.
The provisions of this subdivision shall not apply to any
person appointed prior to January 1, 1985.
(b) No retired, dismissed, separated, or formerly employed person
of the state department employed under the State
Civil Service or otherwise appointed to serve in the state
department may enter into a contract pursuant to Section
8262 in which he or she engaged in any of the negotiations,
transactions, planning, arrangements, or any part of the
decisionmaking process relevant to the contract while employed in any
capacity by the state department. The prohibition
contained in this subdivision shall apply to the person only during
the two-year period beginning on the date the person left state
employment.
(c) For a period of 12 months following the date of his or her
retirement, dismissal, or separation from state service, no person
employed under State Civil Service or otherwise appointed to serve in
the state department may enter into a contract
pursuant to Section 8262 if he or she was employed by the department
in a policymaking position in the area of child care and
development early learning and educational support
programs within the 12-month period prior to
before his or her retirement, dismissal, or separation.
(d) For a period of 12 months following the date of his or her
retirement, dismissal, or separation from state service, no person
employed under State Civil Service or otherwise appointed to serve in
the department may be employed by a contractor pursuant to Section
8262 if he or she engaged in any of the negotiations, transactions,
planning, arrangements, or any part of the decisionmaking process
relevant to the contract while employed in any capacity by the
department.
(e) The provisions of subdivisions (b), (c), and (d) shall not
apply to any persons who were already in the situations described by
these subdivisions prior to January 1, 1985.
SEC. 55. Section 8261 of the Education
Code is amended to read:
8261. (a) The Superintendent of Public Instruction
shall adopt rules and regulations pursuant to this chapter.
The rules and regulations shall include, but not be limited to,
provisions which do all of the following:
(1) Provide clear guidelines for the selection of agencies when
child development early learning and
educational support contracts are let , including, but
not limited to, specification that any agency headquartered in the
proposed service area on January 1, 1985, will be given priority for
a new contract in that area, unless the State Department of Education
makes a written determination that (A) the agency is not able to
deliver the level of services specified in the request for proposal,
or (B) the department has notified the agency that it is not in
compliance with the terms of its contract .
(2) 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.
(3) Specify adequate standards of agency performance.
(4) 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.
(5) Specify standards for withholding payments to agencies that
fail to submit required fiscal reports.
(6) 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 that
shall be as frequently as staff and budget resources permit. By
September 1 of each year, the department shall report to the Senate
Education, Senate Health and Human Services, Assembly Education, and
Assembly Human Services Committees on the number of visits conducted
during the previous fiscal year pursuant to this paragraph.
(b) The superintendent Superintendent
shall consult with the State Department of Social Services with
respect to rules and regulations adopted relative to the disbursal
of federal funds under Title XX of the federal Social Security Act.
(c) For purposes of expediting the implementation of state or
federal legislation to expand child care services, the
superintendent Superintendent may waive (1) the
regulations regarding the point qualifications for, and the process
and scoring of, interviews of contract applicants pursuant to Section
18002 of Title 5 of the California Code of Regulations, or (2) the
time limitations for scheduling and notification of appeal hearings
and their results pursuant to Section 18003 of Title 5 of the
California Code of Regulations. The superintendent
Superintendent shall ensure that the appeal hearings
provided for in Section 18003 of Title 5 of the California Code of
Regulations are conducted in a timely manner.
(d) (1) Child care and development Early
learning and educational support programs operated under
contract from funds made available pursuant to the federal Child Care
and Development Fund, shall be administered according to Division 19
(commencing with Section 17906) of Chapter 1 of Title 5 of the
California Code of Regulations, unless provisions of these
regulations conflict with federal regulations. If state and federal
regulations conflict, the federal regulations shall apply unless a
waiver of federal regulations is authorized.
(2) For purposes of this section, "Child Care and Development Fund"
has the same meaning as in Section 98.2 of Title 45 of the Code of
Federal Regulations.
SEC. 56. Section 8261.5 of the
Education Code is amended to read:
8261.5. For purposes of meeting state and federal reporting
requirements and for the effective administration of child
care and development early learning and educational
support programs, the Superintendent of Public
Instruction is authorized to require the collection and
submission of social security numbers of heads of households, and
other information as required, from public and private agencies
contracting with the State Department of Education
department pursuant to this chapter, including local
educational agencies.
SEC. 57. Section 8262 of the Education
Code is amended to read:
8262. Notwithstanding Sections 14616 and 14780 of the Government
Code, the Superintendent of Public Instruction may
enter into and execute local contractual agreements with any public
or private entity or agency for the delivery of child care
and development early learning and educational support
services or the furnishing of property, facilities, personnel,
supplies, equipment, and administrative services related to the
delivery of child care development early
learning and educational support services. Prior to
Before entering into or executing a local
agreement, the State Department of Education
department shall obtain annual approval from the Department of
General Services and the Department of Finance as to the form and
general content thereof. The agreements may only be made for the
delivery of child care and development early
learning and educational support services, or the furnishing of
property, facilities, personnel, supplies, equipment, or
administrative services related thereto, which conform with the
provisions of this chapter.
SEC. 58. Section 8263 of the Education
Code is amended to read:
8263. (a) The Superintendent shall adopt rules and regulations on
eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development early learning
and educational support services, families shall meet at least
one requirement in each of the following areas:
(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are recipients of protective
services, or whose children have been identified as being abused,
neglected, or exploited, or at risk of being abused, neglected, or
exploited.
(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or social services agency, or
emergency shelter as (i) a recipient of protective services or (ii)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation, or (B) because the parents are (i) engaged in
vocational training leading directly to a recognized trade,
paraprofession, or profession, (ii) employed or seeking employment,
(iii) seeking permanent housing for family stability, or (iv)
incapacitated.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized child
development early learning and educational
support services is as follows:
(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency. If an agency is
unable to enroll a child in the first priority category, the agency
shall refer the family to local resource and referral services to
locate services for the child.
(B) A family who is receiving child care on the basis of being a
child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) (i) of Section 8208, is
eligible to receive services pursuant to subparagraph (A) for up to
three months, unless the family becomes eligible pursuant to
subparagraph (C).
(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family's child care
referral is recertified by the county child welfare agency.
(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross
monthly income in relation to family size, as determined by a
schedule adopted by the Superintendent, shall be admitted first. If
two or more families are in the same priority in relation to income,
the family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For
purposes of determining order of admission, the grants of public
assistance recipients shall be counted as income.
(3) The Superintendent shall set criteria for and may grant
specific waivers of the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These new
waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals to
accept members of special populations in other than strict income
order, as long as appropriate fees are paid.
(c) Notwithstanding any other law, in order to promote continuity
of services, a family enrolled in a state or federally funded child
care and development program whose services would otherwise be
terminated because the family no longer meets the program income,
eligibility, or need criteria may continue to receive child
development services in another state or federally funded child care
and development 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 child care and development programs.
(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision (a) of
Section 18086.5 of Title 5 of the California Code of Regulations for
an additional 60 working days if he or she determines that
opportunities for employment have diminished to the degree that one
or both parents cannot reasonably be expected to find employment
within 60 working days and granting the extension is in the public
interest. The scope of extensions granted pursuant to this
subdivision shall be limited to the necessary geographic areas and
affected persons, which shall be described in the Superintendent's
order granting the extension. It is the intent of the Legislature
that extensions granted pursuant to this subdivision improve services
in areas with high unemployment rates and areas with
disproportionately high numbers of seasonal agricultural jobs.
(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within six
weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to
a child care and development an early learning and
educational support program of a child whose parent or guardian
files a letter with the governing board of the child care
and development program stating that the medical
examination or immunization is contrary to his or her 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 child care and development program is
satisfied that the child is not suffering from that contagious or
infectious disease.
(f) Regulations formulated and promulgated pursuant to this
section shall 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 children with exceptional needs.
(g) (1) The Superintendent shall establish a fee schedule for
families utilizing child care and development
early learning an d educational support services
pursuant to this chapter, including families receiving services under
paragraph (1) of subdivision (b). Families receiving services under
subparagraph (B) of paragraph (1) of subdivision (b) may be exempt
from these fees for up to three months. Families receiving services
under subparagraph (C) of paragraph (1) of subdivision (b) may be
exempt from these fees for up to 12 months. The cumulative period of
time of exemption from these fees for families receiving services
under paragraph (1) of subdivision (b) shall not exceed 12 months.
(2) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act (42
U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section
12000) of Part 3 of Division 9 of the Welfare and Institutions Code
shall not be included as income for purposes of determining the
amount of the family fee.
(h) (1) The family fee schedule shall
provide, shall provide, among other
things, that 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 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.
(2) A contractor or provider may charge parents for field trips or
require parents to provide diapers only under the following
circumstances:
(A) The provider has a written policy that is adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(i) Whether or not, and how much, to charge for field trip
expenses.
(ii) Whether or not to require parents to provide diapers.
(B) The maximum total of charges per child in a contract year does
not exceed twenty-five dollars ($25).
(C) A child shall not be denied participation in a field trip due
to the parent's inability or refusal to pay the charge. Adverse
action shall not be taken against a parent for that inability or
refusal.
(3) Each contractor or provider shall establish a payment system
that prevents the identification of children based on whether or not
their parents have paid a field trip charge.
(4) Expenses incurred and income received for field trips pursuant
to this section shall be reported to the department. The income
received for field trips shall be reported specifically as restricted
income.
(i) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from a
parent whose child receives subsidized child care and
development early learning and educational support
services. These guidelines shall provide for the collection of
the full amount of the benefit payment, but not to exceed the actual
cost of child care and development early
learning and educational support services provided,
notwithstanding the applicable fee based on the fee schedule.
(j) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the
child care and development early learning and
educational support program will certify children as eligible
for state reimbursement pursuant to this section.
(k) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.
SEC. 59. Section 8263.2 of the
Education Code is amended to read:
8263.2. (a) Notwithstanding any other law, effective July 1,
2011, the department shall reduce the maximum reimbursable amounts of
the contracts for the Preschool Education Program, the General Child
Care Program, the Migrant Day Care Program, the Alternative Payment
Program, the CalWORKs Stage 3 Program, and the Allowance for
Handicapped Program by 11 percent or by whatever proportion is
necessary to ensure that expenditures for these programs do not
exceed the amounts appropriated for them, including any reductions
made subsequent to the adoption of the annual Budget Act. The
department may consider the contractor's performance or whether the
contractor serves children in an underserved
areas area, as defined in subdivision
(ag) (ah) of Section 8208 , when
determining contract reductions, provided that the aggregate
reduction to each program specified in this subdivision is 11 percent
or by whatever proportion is necessary to ensure that expenditures
for these programs do not exceed the amounts appropriated for them,
including any reductions made subsequent to the adoption of the
annual Budget Act.
(b) Notwithstanding any other law, effective July 1, 2011,
families shall be disenrolled from subsidized child care
services, consistent with the priorities for services
specified in subdivision (b) of Section 8263. Families shall be
disenrolled in the following order:
(1) Families whose income exceeds 70 percent of the state median
income (SMI) adjusted for family size, except for families whose
children are receiving child protective services or are at risk of
being neglected or abused.
(2) Families with the highest income below 70 percent of the SMI,
in relation to family size.
(3) Families that have the same income and have been enrolled in
child care services the longest.
(4) Families that have the same income and have a child with
exceptional needs.
(5) Families whose children are receiving child protective
services or are at risk of being neglected or abused, regardless of
family income.
SEC. 60. Section 8263.3 of the
Education Code is amended to read:
8263.3. (a) Notwithstanding any other law, and in addition to any
reductions applied pursuant to Section 8263.2, effective July 1,
2012, the department shall reduce the maximum reimbursable amounts of
the contracts for the General Child Care Program, the Migrant Day
Care Program, the Alternative Payment Program, the CalWORKs Stage 3
Program, and the Allowance for Handicapped Program by 8.7 percent or
by whatever proportion is necessary to ensure that expenditures for
these programs do not exceed the amounts appropriated for them, as
adjusted for any reductions in appropriations made subsequent to the
adoption of the annual Budget Act. The department may consider the
contractor's performance or whether the contractor serves children in
an underserved areas area,
as defined in subdivision (ag) (ah) of
Section 8208 , when determining contract reductions,
provided that the aggregate reduction to each program specified in
this subdivision is 8.7 percent or whatever proportion is necessary
to ensure that expenditures for these programs do not exceed the
amounts appropriated for them, as adjusted for any reductions in
appropriations made subsequent to the adoption of the annual Budget
Act.
(b) Notwithstanding any other law, effective July 1, 2012,
families shall be disenrolled from subsidized child care
services, consistent with the priorities for services
specified in subdivision (b) of Section 8263. Families shall be
disenrolled in the following order:
(1) Families with the highest income in relation to family size.
(2) Families that have the same income and have been enrolled in
child care services the longest.
(3) Families that have the same income and have a child with
exceptional needs.
(4) Families whose children are receiving child protective
services or are at risk of being neglected or abused, regardless of
family income.
SEC. 61. Section 8263.4 of the
Education Code is amended to read:
8263.4. (a) The preferred placement for children who are 11 or 12
years of age and who are otherwise eligible for subsidized
child care and development early learning and
educational support services shall be in a before or after
school program.
(b) Children who are 11 or 12 years of age shall be eligible for
subsidized child care services only for the
portion of care needed that is not available in a before or after
school program provided pursuant to Article 22.5 (commencing with
Section 8482) or Article 22.6 (commencing with Section 8484.7).
Contractors shall provide each family of an eligible 11 or 12 year
old with the option of combining care provided in a before or after
school program with subsidized child care in
another setting, for those hours within a day when the before or
after school program does not operate, in order to meet the
child care needs of the family.
(c) Children who are 11 or 12 years of age, who are eligible for
and who are receiving subsidized child care
services, and for whom a before or after school program is not
available, shall continue to receive subsidized child care
services.
(d) A before or after school program shall be considered not
available when a parent certifies in writing, on a form provided by
the department that is translated into the parent's primary language
pursuant to Sections 7295.4 and 7296.2 of the Government Code, the
reason or reasons why the program would not meet the child
care needs of the family. The reasons why a before or after
school program shall be considered not available shall include, but
not be limited to, any of the following:
(1) The program does not provide services when needed during the
year, such as during the summer, school breaks, or intersession.
(2) The program does not provide services when needed during the
day, such as in the early morning, evening, or weekend hours.
(3) The program is too
geographically distant from the child's school of attendance.
(4) The program is too geographically distant from the parents'
residence.
(5) Use of the program would create substantial transportation
obstacles for the family.
(6) Any other reason that makes the use of before or after school
care inappropriate for the child or burdensome on the family.
(e) If an 11 or 12 year old child who is enrolled in a subsidized
child development early learning and
educational support program becomes ineligible for
subsidized child care under subdivision (b) and is
disenrolled from the before or after school program, or if the
before or after school program no longer meets the child
care needs of the family, the child shall be given priority
to return to the subsidized child care early
learning and educational support services upon the parent's
notification of the contractor of the need for child care.
(f) This section does not apply to an 11 or 12 year old child with
a disability, including a child with exceptional needs who has an
individualized education program as required by the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794), or Part 30 (commencing with Section 56000) of
Division 4 of Title 2.
(g) The savings generated each contract year by the implementation
of the changes made to this section by the act amending
this section during the 2005-06 Regular Session
Chapter 78 of the Statutes of 2005 shall remain with each
alternative payment program, child development
early learning and educational support center, or other
contractor for the provision of child care
services, except for care provided by programs pursuant to Article
15.5 (commencing with Section 8350). Each contractor shall report
annually to the department the amount of savings resulting from this
implementation, and the department shall report annually to the
Legislature the amount of savings statewide resulting from that
implementation.
SEC. 62. Section 8264 of the Education
Code is amended to read:
8264. By July 1, 1981, and annually thereafter, the State
Department of Health Services shall provide a mechanism for the
delivery of health screening and followup services for children
enrolled in child care and development early
learning and educational support programs for whom there are no
appropriate health services accessible by referral.
SEC. 63. Section 8264.5 of the
Education Code is amended to read:
8264.5. The Superintendent may waive or modify child
development requirements in order to enable child
development direct classroom services programs
to serve combinations of eligible children in areas of low
population. The child development programs for
which the Superintendent may grant waivers shall include, but need
not be limited to, California state preschool full-day
programs program services , child care
services provided by the California School Age
Families Education Program (Article 7.1 (commencing with Section
54740) of Chapter 9 of Part 29 of Division 4 of Title 2), infant
care and development and toddler
services, migrant child care and development
programs services , and general
child care and development direct classroom services
programs.
SEC. 64. Section 8264.6 of the
Education Code is amended to read:
8264.6. The Superintendent of Public Instruction
may provide outreach services and technical assistance to
new child care applicants or
contracting agencies and to those providing child care
services during nontraditional times, in
underserved geographic areas, and for children with special
child care specific service needs, including
infants and toddlers under three years of age.
SEC. 65. Section 8264.7 of the
Education Code is amended to read:
8264.7. (a) The Superintendent of
Public Instruction shall establish rules and regulations
for the staffing of all center-based child care and
development direct classroom services programs
under contract with the department.
Priority
(b) Priority shall be given by the
department to the employment of persons in child
development direct classroom services programs
with ethnic backgrounds which that are
similar to those of the child for whom child development
services are provided.
For
(c) For purposes of staffing
child care and development direct classroom
services programs, the role of a teacher in child supervision
means direct supervision of the children as well as supervision of
aides and groups of children.
Family
(d) Family child care homes shall
operate pursuant to adult/child ratios prescribed in Chapter 7
(commencing with Section 86001) of Division 6 of Title 22 of the
California Code of Regulations.
Approval
(e) Approval by the
Superintendent of Public Instruction of any
ongoing or new programs seeking to operate under the ratios and
standards established by the Superintendent of Public
Instruction under this chapter shall be based upon the
following considerations:
(a)
(1) The type of facility in which care is being or is
to be provided.
(b)
(2) The ability of the Superintendent of
Public Instruction to implement a funding source change.
(c)
(3) The proportion of nonsubsidized children enrolled
or to be enrolled by the agency.
(d)
(4) The most cost-effective ratios possible for the
type of services provided or to be provided by the agency.
The
(f) The Superintendent
of Public Instruction shall apply for such
waivers of federal requirements as are necessary to carry
out this section.
SEC. 66. Section 8264.8 of the
Education Code is repealed.
8264.8. Until the Superintendent of Public Instruction
promulgates regulations for center-based programs establishing
staffing ratios, the following staffing ratios shall apply:
(a) Infants, 0 to 2 years old--1:3 adult-child ratio, 1:18
teacher-child ratio.
(b) Infants and toddlers, 0 to 2 years old--1:4 adult-child ratio,
1:16 teacher-child ratio.
(c) Children 3 to 6 years old--1:8 adult-child ratio, 1:24
teacher-child ratio.
(d) Children 6 to 10 years old--1:14 adult-child ratio, 1:28
teacher-child ratio.
(e) Children 10 to 13 years old--1:18 adult-child ratio, 1:36
teacher-child ratio.
(f) If groups of children of varying ages are commingled, the
teacher and adult ratios shall be proportionate and appropriate to
the ages and groups of children.
SEC. 67. Section 8264.8 is added to the
Education Code , to read:
8264.8. (a) Early learning and educational support programs shall
maintain at least the following minimum ratios in all direct
classroom services except for family child care home education
networks operating pursuant to Article 8.5 (commencing with Section
8245):
(1) Infants, birth to 18 months old--1:3 adult-to-child ratio,
1:18 teacher-to-child ratio.
(2) Toddlers, 18 months up to their third birthday--1:4
adult-to-child ratio, 1:16 teacher-to-child ratio.
(3) Preschool, at least 30 months to kindergarten eligibility--1:8
adult-to-child ratio, 1:24 teacher-to-child ratio.
(4) Schoolage, enrolled in kindergarten to their 13th
birthday--1:14 adult-to-child ratio, 1:28 teacher-to-child ratio.
(b) Compliance with the ratios established by subdivision (a)
shall be determined based on actual attendance.
SEC. 68. Section 8265 of the Education
Code is amended to read:
8265. (a) The Superintendent shall implement a 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 Superintendent shall confer with applicant agencies.
(3) The reimbursement system, including standards and rates, shall
be submitted to the Joint Legislative Budget Committee.
(4) The Superintendent may establish any regulations he or she
deems advisable concerning conditions of service and hours of
enrollment for children in the programs.
(b) The standard reimbursement rate shall be three thousand five
hundred twenty-three dollars ($3,523) per unit of average daily
enrollment for a 250-day year, increased by the cost-of-living
adjustment granted by the Legislature beginning July 1, 1980.
(c) The plan shall require agencies having an assigned
reimbursement rate above the current year standard reimbursement rate
to reduce costs on an incremental basis to achieve the standard
reimbursement rate.
(d) The plan shall provide for adjusting reimbursement on a
case-by-case basis, in order to maintain service levels for agencies
currently at a rate less than the standard reimbursement rate.
Assigned reimbursement rates shall be increased only on the basis of
one or more of the following:
(1) Loss of program resources from other sources.
(2) Need of an agency to pay the same child care
rates as those prevailing in the local community.
(3) Increased costs directly attributable to new or different
regulations.
(4) Documented increased costs necessary to maintain the prior
year's level of service and ensure the continuation of threatened
programs.
Child care agencies programs. Agencies
funded at the lowest rates shall be given first priority for
increases.
(e) The plan shall provide for expansion of child
development early learning and educational support
programs at no more than the standard reimbursement rate for
that fiscal year.
(f) The Superintendent may reduce the percentage of reduction for
a public agency that satisfies any of the following:
(1) Serves more than 400 children.
(2) Has in effect a collective bargaining agreement.
(3) Has other extenuating circumstances that apply, as determined
by the Superintendent.
SEC. 69. Section 8266 of the Education
Code is amended to read:
8266. (a) Notwithstanding the
provisions of Section 8265, the assigned reimbursement rate
of a center-based child care agency (a)
direct classroom services program (1) contracting with the
Department of Education department ,
(b) (2) operating under licensing
standards for child care and development facilities specified by
Section 1500 et seq. of the Health and Safety Code and by Title 22 of
the California Administrative Code Code of
Regulations , and (c) (3) with
less than a majority of subsidized children enrolled in the facility,
shall be equivalent to the fee paid for the same service by families
of nonsubsidized children.
It
(b) It is not the intent of the
Legislature to preclude an agency with a contract with the department
from adjusting the fees charged to nonsubsidized children during the
contract year. In no event shall the assigned reimbursement rate
exceed the standard reimbursement rate established pursuant to
Section 8265.
These agencies
(c) An agency subject to this section
shall provide documentation to the department that subsidized
children, as necessary and appropriate, shall receive supportive
services through county welfare departments, resource and referral
programs, or other existing community resources, or all of them.
SEC. 70. Section 8266.1 of the
Education Code is amended to read:
8266.1. Commencing with the 1995-96 fiscal year and each fiscal
year thereafter, for the purposes of this chapter, reimbursement
rates shall be adjusted by the following reimbursement factors for
child care and development direct classroom
services programs with a standard reimbursement rate, but shall
not apply to the Resource and Referral Programs set forth in Article
2 (commencing with Section 8210), the Alternative Payment Programs
set forth in Article 3 (commencing with Section 8220), the part-day
California state preschool programs set forth in Article 7
(commencing with Section 8235), the schoolage community child care
services programs set forth in Article 22 (commencing with Section
8460), or to the schoolage parent and infant development programs:
(a) For child care and development direct
classroom services program providers serving children for less
than four hours per day, the reimbursement factor is 55 percent of
the standard reimbursement rate.
(b) For child care and development direct
classroom services program providers serving children for not
less than four hours per day, and less than six and one-half hours
per day, the reimbursement factor is 75 percent of the standard
reimbursement rate. For providers operating under the At Risk Child
Care Program set forth in Article 15.5 (commencing with Section 8350)
and serving children for not less than four hours per day, and less
than seven hours per day, the reimbursement factor is 75 percent of
the standard reimbursement rate.
(c) For child care and development direct
classroom services program providers serving children for not
less than six and one-half hours per day, and less than 10 and
one-half hours per day, the reimbursement factor is 100 percent of
the standard reimbursement rate. For providers operating under the At
Risk Child Care Program set forth in Article 15.5 (commencing with
Section 8350) and serving children for not less than seven hours per
day, and less than 10 hours per day, the reimbursement factor is 100
percent of the standard reimbursement rate.
(d) For child care and development direct
classroom services program providers serving children for 101/2
hours or more per day, the reimbursement factor is 118 percent of
the standard reimbursement rate.
SEC. 71. Section 8272 of the Education
Code is amended to read:
8272. (a) The rules, regulations, and guidelines adopted by the
Superintendent of Public Instruction pursuant to
Sections 8261 and 8269 shall permit reimbursement for interest paid
by contractors on private sector debt financing for the purchase,
lease-purchase, repair, or renovation of child care and development
facilities owned or leased by contractors providing
center-based care early learning and educational
support services .
(b) The Superintendent of Public Instruction
shall adopt regulations requiring contractors to demonstrate that the
amount of interest paid in a year on private sector debt financing
for the purposes identified in subdivision (a) does not exceed the
value obtained by the state in the use of the facilities during the
year for the child care and development early
learning and educational support services program. The
regulations shall include, but not be limited to, the following
methods of making this demonstration:
(1) Amortization of a loan or lease-purchase contract on a
straight-line basis for the purchase price of a portable building,
including any transportation charges, installation charges, loan
fees, taxes, points or other fees associated with the purchase, over
a period of 15 years or more.
(2) Amortization of a loan or lease-purchase contract on a
straight-line basis for the purchase price of a permanent building
and real estate, including any loan fees, taxes, points or other fees
associated with the purchase, over a period of 15 years or more.
(3) Evidence acceptable to the Superintendent of Public
Instruction that loan payments for the purchase of a
portable building or permanent building and real estate, including
principal and interest, do not exceed the fair market rental cost
that the contractor would have paid if the property was not
purchased.
(c) Loans or lease-purchase agreements amortized over the number
of years designated in subdivision (b), but due in a fewer number of
years, shall not be disallowed because of the shorter due date.
SEC. 72. Section 8275 of the Education
Code is amended to read:
8275. (a) The Superintendent may reimburse approvable startup
costs of child development agencies or facilities
in an amount not to exceed 15 percent of the expansion or increase of
each agency's total contract amount. Under no circumstances shall
reimbursement for startup costs result in an increase in the agency's
total contract amount. These funds shall be available for all of the
following:
(1) The employment and orientation of necessary staff.
(2) The setting up of the program and facility.
(3) The finalization of rental agreements and the making of
necessary deposits.
(4) The purchase of a reasonable inventory of materials and
supplies.
(5) The purchase of an initial premium for insurance.
(b) Agencies shall submit claims for startup costs with their
first quarterly reports.
(c) The Legislature recognizes that allowances for startup costs
are necessary for the establishment and stability of new
child development early learning and educational
support programs. Programs initially funded in the
1978-79 fiscal year and 1979-80 fiscal year are included in this
section.
SEC. 73. Section 8276.7 of the
Education Code is amended to read:
8276.7. Unless specifically exempted by the Legislature, the
administrative cost for all state-funded child care and
development early learning and educational support
programs and all federal programs administered by the state
shall not exceed 15 percent of the funds provided for those programs.
Eighty-five percent of these funds shall be used to provide direct
services in accordance with rules and regulations, or contractual
funding terms and conditions prescribed by the Superintendent
of Public Instruction .
SEC. 74. Section 8277 of the Education
Code is amended to read:
8277. (a) The Superintendent of
Public Instruction shall establish regulations for the
allocation of capital outlay funds provided pursuant to Section
8277.1 to Section 8277.4, inclusive, to benefit children most needing
child care and development early learning
and educational support programs. The first priority for all
capital outlay shall be given to facilities located in geographic
areas with no other available enrollment slots in existing subsidized
and nonsubsidized child care and development facilities.
All such This capital outlay funding shall be
used solely for purposes of renovation and repair of existing
buildings.
The
(b) The Superintendent
of Public Instruction shall establish qualifications for
determining the eligibility of contracting agencies and day care
homes to apply for capital outlay funds.
SEC. 75. Section 8277.8 of the
Education Code is amended to read:
8277.8. (a) In the event that a school
district elects to discontinue its contract for child development
services, the facilities owned by the school district and constructed
through the provisions of the local tax override for child
development early learning and educational support
program purposes shall be made available to the local
contractor whose bid is accepted for continuation of the services.
The
(b) The rent for such
the facilities shall not exceed the prevailing
rental rate for such facilities.
SEC. 76. Section 8278.3 of the
Education Code is amended to read:
8278.3. (a) (1) The Child Care Facilities Revolving Fund is
hereby established in the State Treasury to provide funding for the
renovation, repair, or improvement of an existing building to make
the building suitable for licensure for child care and
development early learning and educational support
services and for the purchase of new relocatable child care
facilities for lease to school districts and contracting agencies
that provide child care and development early
learning and educational support services ,
pursuant to this chapter. The Superintendent may transfer state funds
appropriated for child care facilities into this fund for allocation
to school districts and contracting agencies, as specified, for the
purchase, transportation, and installation of facilities for
replacement and expansion of capacity. School districts and
contracting agencies using facilities made available by the use of
these funds shall be charged a leasing fee, either at a fair market
value for those facilities or at an amount sufficient to amortize the
cost of purchase and relocation, whichever amount is lower, over a
10-year period. Upon full repayment of the purchase and relocation
costs, title shall transfer from the State of California to the
school district or contracting agency. The Superintendent shall
deposit all revenue derived from the lease payments into the Child
Care Facilities Revolving Fund.
(2) Notwithstanding Section 13340 of the Government Code, all
moneys in the fund, including moneys deposited from lease payments,
are continuously appropriated, without regard to fiscal years, to the
Superintendent for expenditure pursuant to this article.
(b) On or before August 1 of each fiscal year, the Superintendent
shall submit to the Department of Finance and the Legislative Analyst'
s Office a report detailing the number of funding requests received
and their purpose, the types of agencies that received funding from
the Child Care Facilities Revolving Fund, the increased capacity that
these facilities generated, a description of the manner in which the
facilities are being used, and a projection of the lease payments
collected and the funds available for future use.
(c) A school district or county office of education that provides
child care pursuant to the California School Age Families Education
Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of
Part 29 of Division 4 of Title 2) is eligible to apply for and
receive funding pursuant to this section.
SEC. 77. Section 8279.1 of the
Education Code is amended to read:
8279.1. (a) The Legislature recognizes that child care
early learning and educational support programs
have made valuable contributions towards ensuring that public
assistance recipients will be able to accept and maintain employment
or employment-related training. Therefore, it is the intent of the
Legislature that the Superintendent ensure that counties comply with
the requirements of Section 8279.
(b) The Superintendent shall ensure each county's compliance with
Section 8279 by not issuing funds to a local child care
contractor within a county until the Superintendent has
received written certification from that county that the level of
expenditure for child care services provided by
the county has been maintained at the 1970-71 fiscal year level
pursuant to Section 8279. Funding provided by a county to a local
child care contractor shall not adversely affect
the reimbursement received by the agency from the Superintendent
pursuant to Section 8265, 8265.5, or 8266.
SEC. 78. Section 8279.3 of the
Education Code is amended to r ead:
8279.3. (a) The department shall disburse augmentations to the
base allocation for the expansion of child care and
development early learning and educational support
programs to promote equal access to child development
these services across the state.
(b) The Superintendent of Public Instruction
shall use the formula developed pursuant to subdivision (c) and the
priorities identified by local child care and development
planning councils, unless those priorities do not meet the
requirements of state or federal law, as a guide in disbursing
augmentations pursuant to subdivision (a).
(c) The Superintendent of Public Instruction
shall develop a formula for prioritizing the disbursement of
augmentations pursuant to this section. The formula shall give
priority to allocating funds to underserved areas. The Superintendent
of Public Instruction shall develop the formula
by using the definition of "underserved area" in subdivision
(af) (ah) of Section 8208 and direct impact
indicators of need for child care and development
early learning and educational support services in the
county or subcounty areas. For purposes of this section, "subcounty
areas" include, but are not limited to, school districts, census
tracts, or ZIP Code areas that are deemed by the Superintendent
of Public Instruction to be most appropriate to
the type of program receiving an augmentation. Direct impact
indicators of need may include, but are not limited to, the teenage
pregnancy rate, the unemployment rate, area household income, or the
number or percentage of families receiving public assistance,
eligible for Medi-Cal, or eligible for free or reduced-price school
meals, and any unique characteristics of the population served by the
type of program receiving an augmentation.
(d) To promote equal access to services, the Superintendent
of Public Instruction shall include in guidelines
developed for use by local planning councils pursuant to subdivision
(d) of Section 8499.5 guidance on identifying underserved areas and
populations within counties. This guidance shall include reference to
the direct impact indicators of need described in subdivision (c).
SEC. 79. Section 8279.4 of the
Education Code is amended to read:
8279.4. The Legislature finds and declares the following:
(a) There is a serious shortage of quality child day care
facilities throughout the state.
(b) It is in the interest of the state's children and families,
and the state's economic growth, to encourage the expansion of
existing child day care facilities by assisting communities and
interested government and private entities to finance child day care
facilities.
(c) In addition to regional resource centers described in
Provision 7(d) of Item 6110-196-0001 of the Budget Act of 1999, which
focus on developing child care capacity in
underserved areas of the
state, there is a need to access capital for facilities on a
systematic basis, especially to use limited public sector funds to
leverage a greater private sector role in financing child day care
facilities. The Legislature finds and declares that a financial
intermediary could fill this role and support the regional resource
centers and other local entities that work with potential providers
by functioning as a centralized repository of training, best
practices, and expertise on facilities financing.
SEC. 80. Section 8279.5 of the
Education Code is amended to read:
8279.5. (a) The Superintendent of Public Instruction
shall contract with a nonprofit organization to serve as a
financial intermediary. The nonprofit organization shall have staff
who have expertise in financing and capital expansion, are
knowledgeable about the child care early
learning and educational support field, and have the ability to
develop and implement a plan to increase the availability of
financing to renovate, expand, and construct child day care
facilities, both in day care centers and family
day child care homes.
(b) The financial intermediary selected by the Superintendent
of Public Instruction shall undertake activities
designed to increase funds available from the private and public
sectors for the financing of child day care facilities. These
activities shall include, but are not limited to, all of the
following:
(1) Soliciting capital grants and program-related investments from
foundations and corporations.
(2) Building partnerships with foundations and corporations.
(3) Developing lending commitments, linked deposits, and other
financing programs with conventional financial institutions.
(4) Coordinating private sources of capital with existing public
sector sources of financing for child day care facilities, including,
but not limited to, the Department of Housing and Community
Development and the California Infrastructure and Economic
Development Bank.
(5) Coordinating financing efforts with the technical assistance
provided by the regional resource centers described in Provision 7(d)
of Item 6110-196-0001 of the Budget Act of 1999, and other local
entities that work with potential providers.
(c) This section shall only be implemented to the extent that
funds are appropriated for this purpose in the annual Budget Act.
SEC. 81. Section 8279.7 of the
Education Code is amended to read:
8279.7. (a) The Legislature recognizes the importance of
providing quality child care high-quality
early learning and educational support services. It is,
therefore, the intent of the Legislature to assist counties in
improving the retention and professional growth of
qualified child care instructional
employees who work directly with children who receive
state-subsidized child care early learning
and educational support services.
(b) It is further the intent of the Legislature, in amending this
section during the 2009-10 Regular Session, to address the unique
challenges of the County of Los Angeles, in which an estimated 60,000
low-income children receive subsidized child care
in nonstate-funded child care settings and an additional 50,000
eligible children are waiting for subsidized services.
(c) (1) Except as provided in paragraph (2), the funds
appropriated for the purposes of this section by paragraph (11) of
Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget Act
of 2000 (Chapter 52 of the Statutes of 2000), and that are described
in subdivision (i) of Provision 7 of that item, and any other funds
appropriated for purposes of this section, shall be allocated to
local child care and development planning councils
based on the percentage of state-subsidized, center-based
child care direct classroom services funds
received in that county, and shall be used to address the retention
of qualified child care instructional
employees in state-subsidized child care centers.
(2) Of the funds identified in paragraph (1), funds qualified
pursuant to subparagraphs (A) to (C), inclusive, may also be used to
address the retention and professional growth of qualified
persons working in licensed child care early
learning and educational support programs and that
serve a majority of children who receive subsidized child
care direct classroom services pursuant to this
chapter, including, but not limited to, family day care homes as
defined in Section 1596.78 of the Health and Safety Code. To qualify
for use pursuant to this paragraph, the funds shall meet all of the
following requirements:
(A) The funds are allocated for use in the County of Los Angeles.
(B) The funds are appropriated in the annual Budget Act.
(C) The funds are unexpended after addressing the retention of
qualified child care employees in state-subsidized
child care centers and family child care home
education networks.
(d) The department shall develop guidelines for use by local
child care and development planning councils in
developing county plans for the expenditure of funds allocated
pursuant to this section. These guidelines shall be consistent with
the department's assessment of the current needs of the subsidized
child care workforce, and shall be subject to the
approval of the Department of Finance. Any county plan developed
pursuant to these guidelines shall be approved by the department
prior to before the allocation of funds
to the local child care and development planning
council.
(e) Funds provided to a county for the purposes of this section
shall be used in accordance with the plan approved pursuant to
subdivision (d). A county with an approved plan may retain up to 1
percent of the county's total allocation made pursuant to this
section for reimbursement of administrative expenses associated with
the planning process.
(f) The Superintendent shall provide an annual report, no later
than April 10 of each year, to the Legislature, the Department of
Finance, and the Governor that includes, but is not limited to, a
summary of the distribution of the funds by county and a description
of the use of the funds.
SEC. 82. Section 8282 of the Education
Code is amended to read:
8282. (a) The Legislature finds and declares that the state makes
a substantial, annual investment in preschool, infant and toddler,
and schoolage child development early
learning and educational support programs for eligible
families. It is in the best interests of children and their families,
and the taxpayers of California, to have information about the
development and learning abilities of children developed in these
settings, health and other information transferred to, or otherwise
available to, the pupil's elementary school.
(b) When a child in a state-funded preschool or infant and toddler
program will be transferring to a local public school, the preschool
or infant and toddler program shall provide the parent or guardian
with information from the previous year deemed beneficial to the
pupil and the public school teacher, including, but not limited to,
development issues, social interaction abilities, health background,
and diagnostic assessments, if any. The preschool or infant and
toddler program may, with the permission of the parent or guardian,
transfer this information to the pupil's elementary school.
(c) Any child who has participated in a state subsidized
California state preschool program that maintains
results-based standards, including the desired results accountability
system, may have the performance information transferred to any
subsequent or concurrent public school setting. Any transferred
information shall be in summary form and only accomplished with the
permission of the parent or guardian.
SEC. 83. Section 8320 of the Education
Code is amended to read:
8320. The governing board of any school district or a county
superintendent of schools with the approval of the county board of
education is authorized to establish and maintain child
development early learning and educational support
programs upon the approval of, and subject to the regulations
of the Superintendent of Public Instruction .
SEC. 84. Section 8321 of the Education
Code is amended to read:
8321. (a) The county superintendent of
schools in each county, with the approval of the county board of
education and the Superintendent of Public Instruction
, shall have the authority to establish and maintain
child development direct classroom services
programs and centers in the same manner and
to the same extent as governing boards of school or community college
districts, except that nothing in this section shall be construed as
vesting in the county superintendents of schools any authority to
alone effect the levy and collection of any county, school, or other
local taxes for the support of any child development
direct classroom services programs and
centers .
The
(b) The establishment and
maintenance of any child development direct
classroom services program and center by the
county superintendent of schools shall be undertaken, subject to the
prior approval of both the county board of education and the
Superintendent of Public Instruction , upon the
application of one or more school districts under his or her
jurisdiction.
SEC. 85. Section 8324 of the Education
Code is amended to read:
8324. The employees of school districts or community college
districts, or county superintendents of schools in preschool
and other types of child development services direct
classroom services programs under this division shall have the
same rights and privileges as are granted to employees of the same
agencies in children's centers.
SEC. 86. Section 8327 of the Education
Code is amended to read:
8327. Notwithstanding any other provision of this chapter, the
governing board of a school district or community college district,
county superintendent of schools, or other unit of local general
purpose government may enter into agreements with any city, city and
county, or other public agency, or with a private foundation,
nonprofit corporation, or proprietary child care
agency as defined in Section 8254 for the
furnishing to, or use by, the governing board, county superintendent
of schools, or other unit of local general purpose government in
carrying out the provisions of this chapter, of property, facilities,
personnel, supplies, equipment and other necessary items and such
city, county, city and county, other public agency, or private
foundation or nonprofit corporation, is authorized to enter into
such the agreements.
SEC. 87. Section 8328 of the Education
Code is amended to read:
8328. (a) The governing board of any school
district or the county superintendent of schools shall establish in
the county treasury a fund to be known as the "child development fund"
into which shall be paid all funds received by the district or the
county for, or from the operation of, child development
early learning and educational support services
under this chapter. The costs incurred in the maintenance and
operation of child development services shall be
paid from the fund, with accounting to reflect specific funding
sources.
Funds
(b) Funds of a district derived
from the receipt of district taxes or derived from moneys apportioned
to the district for the support of schools thereof
of the district , in addition to state moneys
appropriated for the support of child development
services, fees, and federal funds, may be expended for, or in
connection with child development these
services.
SEC. 88. Section 8329 of the Education
Code is amended to read:
8329. The governing board of any school district maintaining
a child development an early learning and
educational support program may include in its budget the
amount necessary to initiate, operate, and maintain a child
development program pursuant to this chapter and the board
of supervisors shall levy a school district tax necessary to raise
that amount. The tax shall be in addition to any other school
district tax authorized by law to be levied.
SEC. 89. The heading of Article 15.2 (commencing
with Section 8335) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 15.2. Child Care Subsidy Plan for
the City and County of San Francisco
SEC. 90. Section 8335.1 of the
Education Code is amended to read:
8335.1. Prior to Before
implementing the local subsidy plan, the City and County of San
Francisco, in consultation with the department, shall develop an
individualized county child care subsidy plan for
the city and county that includes the following four elements:
(a) An assessment to identify the city and county's goal for its
subsidized child care system. The assessment shall
examine whether the current structure of subsidized child
care funding adequately supports working families in the
city and county and whether the city and county's child care
goals coincide with the state's requirements for funding,
eligibility, priority, and reimbursement. The assessment shall also
identify barriers in the state's child care
subsidy system that inhibit the city and county from meeting its
child care goals. In conducting the assessment,
the city and county shall consider all of the following:
(1) The general demographics of families who are in need of
child care, including employment, income,
language, ethnic, and family composition.
(2) The current supply of available subsidized child
care.
(3) The level of need for various types of subsidized
child care services including, but not limited to, infant
care, after-hours care, and care for children with exceptional needs.
(4) The city and county's self-sufficiency income level.
(5) Income eligibility levels for subsidized child
care.
(6) Family fees.
(7) The cost of providing child care.
(8) The regional market rates, as established by the department,
for different types of child care.
(9) The standard reimbursement rate or state per diem for centers
operating under contracts with the department.
(10) Trends in the county's unemployment rate and housing
affordability index.
(b) Development of a local policy to eliminate state-imposed
regulatory barriers to the city and county's achievement of its
desired outcomes for subsidized child care.
(1) The local policy shall do all of the following:
(A) Prioritize lowest income families first.
(B) Follow the family fee schedule established pursuant to
subdivision (f) of Section 8263 for those families that are income
eligible, as defined by Section 8263.1.
(C) Meet local goals that are consistent with the state's
child care goals.
(D) Identify existing policies that would be affected by the city
and county's child care subsidy plan.
(E) (i) Authorize any agency that provides child care and
development early learning and educational support
services in the city and county through a contract with the
department to apply to the department to amend existing contracts in
order to benefit from the local policy once it is adopted.
(ii) The department shall approve an application to amend an
existing contract if the child care subsidy plan
is approved pursuant to subdivision (b) of Section 8335.3, or
modified pursuant to subdivision (c) of Section 8335.3.
(iii) The contract of a department contractor who does not elect
to request an amendment to its contract remains operative and
enforceable.
(2) (A) The city and county shall, by the end of the first fiscal
year of operation under the approved child care
subsidy plan, demonstrate an increase in the aggregate child days of
enrollment in the county as compared to the enrollment in the final
quarter of the 2004-05 fiscal year.
(B) The amount of the increase shall be at least equal to the
aggregate child days of enrollment in the final quarter of the
2004-05 fiscal year for all contracts amended as provided in
subparagraph (E) of paragraph (1), under which the contractor
receives an increase in its reimbursement rate, times 2 percent.
(3) The local policy may supersede state law concerning
child care subsidy programs with regard only to the
following factors:
(A) Eligibility criteria including, but not limited to, age,
family size, time limits, income level, inclusion of former and
current CalWORKs participants, and special needs considerations,
except that the local policy may not deny or reduce eligibility of a
family that qualifies for child care pursuant to
Section 8353. Under the local policy, a family that qualifies for
child care pursuant to Section 8354 shall be
treated for purposes of eligibility and fees in the same manner as a
family that qualifies for subsidized child care on
another basis pursuant to the local policy.
(B) Fees including, but not limited to, family fees, sliding scale
fees, and copayments for those families that are not income
eligible, as defined by Section 8263.1.
(C) Reimbursement rates.
(D) Methods of maximizing the efficient use of subsidy funds,
including, but not limited to, multiyear contracting with the
department for center-based child care direct
classroom services , and interagency agreements that allow for
flexible and temporary transfer of funds among agencies.
(c) Recognition that all funding sources utilized by direct
service contractors that provide child care and development
early learning and educational support services
in the city and county are eligible to be included in the
child care subsidy plan of the city and county.
(d) Establishment of measurable outcomes to evaluate the success
of the plan to achieve the city and county's child care
goals and to overcome any barriers identified in the state'
s child care subsidy system. The State Department
of Social Services shall have an opportunity to review and comment on
the proposed measurable outcomes before they are submitted to the
local child care planning council for approval
pursuant to Section 8335.3.
SEC. 91. Section 8335.5 of the
Education Code is amended to read:
8335.5. The City and County of San Francisco may implement an
individualized child care subsidy plan until July
1, 2014, at which date the city and county shall terminate the plan.
Between July 1, 2014, and July 1, 2016, the city and county shall
phase out the individualized county child care
subsidy plan and, as of July 1, 2016, shall implement the state's
requirements for child care subsidies. A child
enrolling for the first time for subsidized child
care in the city and county after July 1, 2014, shall not be enrolled
in the pilot program established pursuant to this article and is
subject to existing state laws and regulations regarding
child care eligibility and priority.
SEC. 92. The heading of Article 15.3 (commencing
with Section 8340) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 15.3. Individualized County Child Care
Subsidy Plan
SEC. 93. Section 8341 of the Education
Code is amended to read:
8341. Prior to Before implementing
the local subsidy plan, the County of San Mateo, in consultation with
the department, shall develop an individualized county
child care subsidy plan that includes the following four
elements:
(a) An assessment to identify the county's goal for its subsidized
child care system. The assessment shall examine
whether the current structure of subsidized child
care funding adequately supports working families in the county and
whether the county's child care goals coincide
with the state's requirements for funding, eligibility, priority, and
reimbursement. The assessment shall also identify barriers in the
state's child care subsidy system that inhibit the
county from meeting its child care goals. In
conducting the assessment, the county shall consider all of the
following:
(1) The general demographics of families who are in need of
child care, including employment, income,
language, ethnic, and family composition.
(2) The current supply of available subsidized child
care.
(3) The level of need for various types of subsidized
child care services including, but not limited to, infant
care, after-hours care, and care for children with exceptional needs.
(4) The county's self-sufficiency income level.
(5) Income eligibility levels for subsidized child
care.
(6) Family fees.
(7) The cost of providing child care.
(8) The regional market rates, as established by the department,
for different types of child care.
(9) The standard reimbursement rate or state per diem for centers
operating under contracts with the department.
(10) Trends in the county's unemployment rate and housing
affordability index.
(b) Development of a local policy to eliminate state-imposed
regulatory barriers to the county's achievement of its desired
outcomes for subsidized child care.
(1) The local policy shall do all of the following:
(A) Prioritize lowest income families first.
(B) Follow the family fee schedule established pursuant to
subdivision (f) of Section 8263 for those families that are income
eligible, as defined by Section 8263.1.
(C) Meet local goals that are consistent with the state's
child care goals.
(D) Identify existing policies that would be affected by the
county's child care subsidy plan.
(E) (i) Authorize any agency that provides child care and
development early learning and educational support
services in San Mateo County through a contract with the
department to apply to the department to amend existing contracts in
order to benefit from the local policy once it is adopted.
(ii) The department shall approve an application to amend an
existing contract if the child care subsidy plan
is approved pursuant to subdivision (b) of Section 8342, or modified
pursuant to subdivision (c) of Section 8342.
(iii) The contract of a department contractor who does not elect
to request an amendment to its contract remains operative and
enforceable.
(2) (A) The County of San Mateo shall, by the end of the first
fiscal year of operation under the approved child care
subsidy plan, demonstrate an increase in the aggregate
child days of enrollment in the county as compared to the enrollment
in the final quarter of the 2002-03 fiscal year.
(B) The amount of the increase shall be at least equal to the
aggregate child days of enrollment in the final quarter of the
2002-03 fiscal year for all contracts amended as provided in
subparagraph (E) of paragraph 1, under which the contractor receives
an increase in its reimbursement rate, times 2 percent.
(3) The local policy may supersede state law concerning
child care subsidy programs with regard only to the
following factors:
(A) Eligibility criteria including, but not limited to, age,
family size, time limits, income level, inclusion of former and
current CalWORKs participants, and special needs considerations,
except that the local policy may not deny or reduce eligibility of a
family that qualifies for child care pursuant to
Section 8353. Under the local policy, a family that qualifies for
child care pursuant to Section 8354 shall be
treated for purposes of eligibility and fees in the same manner as a
family that qualifies for subsidized child care on
another basis pursuant to the local policy.
(B) Fees including, but not limited to, family fees, sliding scale
fees, and copayments for those families that are not income
eligible, as defined by Section 8263.1.
(C) Reimbursement rates.
(D) Methods of maximizing the efficient use of subsidy funds,
including, but not limited to, multiyear contracting with the
department for center-based child care direct
cla ssroom services , and interagency agreements
that allow for flexible and temporary transfer of funds among
agencies.
(c) Recognition that all funding sources utilized by direct
service contractors that provide child care and development
early learning and educational support services
in San Mateo County are eligible to be included in the child
care subsidy plan of the county.
(d) Establishment of measurable outcomes to evaluate the success
of the plan to achieve the county's child care
goals and to overcome any barriers identified in the state's
child care subsidy system. The Department of Social
Services shall have an opportunity to review and comment on the
proposed measurable outcomes before they are submitted to the local
child care planning council for approval pursuant
to Section 8342.
SEC. 94. Section 8341.5 of the
Education Code is amended to read:
8341.5. To ensure that the annual and final reports required
pursuant to Section 8343 provide useful comparative information, the
Legislative Analyst and the Senate Office of Research shall review
the evaluation design, the baseline data, and the data collection
proposed in the child care subsidy plan of the
county before the plan is submitted to the local child care
planning council for approval.
SEC. 95. Section 8342 of the Education
Code is amended to read:
8342. (a) The plan shall be submitted to the local child
care planning council for approval. Upon approval of the
plan by the local child care planning council, the
county board of supervisors shall hold at least one public hearing
on the plan. Following the hearing, if the county board of
supervisors votes in favor of the plan, the plan shall be submitted
to the Child Development Division of the department for review.
(b) Within 30 days of receiving the plan, the Child Development
Division shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving any modification to the plan, the
Child Development Division shall review and either approve or
disapprove that modification to the plan.
(d) The Child
Development Division may disapprove only those portions of the plan
or modifications to the plan that are not in conformance with this
article or that are in conflict with federal law.
SEC. 96. Section 8343 of the Education
Code is amended to read:
8343. (a) Upon approval of the plan by the Child Development
Division, the County of San Mateo shall annually prepare and submit
to the Legislature, the Department of Social Services, and the
department a report that summarizes the success of the pilot project
and the county's ability to maximize the use of funds and to improve
and stabilize child care in the county.
(b) On or before December 31, 2008, the County of San Mateo shall
submit a final report to the Legislature, the Department of Social
Services, and the department summarizing the impact of the plan on
the child care needs of working families.
SEC. 97. Section 8344 of the Education
Code is amended to read:
8344. The County of San Mateo may implement its individualized
county child care subsidy plan until January 1,
2014, at which date the County of San Mateo shall terminate the plan.
Between January 1, 2014, and January 1, 2016, the County of San
Mateo shall phase out the individualized county child care
subsidy plan and, as of January 1, 2016, shall implement
the state's requirements for child care subsidies.
A child enrolling for the first time for subsidized child
care in San Mateo County after January 1, 2014, shall not
be enrolled in the pilot program established pursuant to this article
and is subject to existing state laws and regulations regarding
child care eligibility and priority.
SEC. 98. The heading of Article 15.5 (commencing
with Section 8350) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 15.5. Child Care for Recipients of
the CalWORKs Program
SEC. 99. Section 8350 of the Education
Code is amended to read:
8350. (a) It is the intent of the Legislature in enacting this
article to ensure that recipients of aid under Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, and former recipients
who have left aid for employment, are connected as soon as possible
to local child care resources, make stable
child care arrangements for services ,
and continue to receive subsidized child care
services after they no longer receive aid as long as they require
those services and meet the eligibility requirements set forth in
Sections 8263 and 8263.1.
(b) This article establishes three stages of child care services
through which a recipient of aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, will pass. Further, as
families' child care needs are met by county
welfare departments and later by other local child care and
development early learning and educational support
contractors, it is the intent of the Legislature that families
experience no break in their child care services
due to a transition between the three stages of child care services.
SEC. 100. Section 8352 of the Education
Code is amended to read:
8352. (a) As soon as appropriate, a county welfare department
shall refer families needing child care services
to the local child care resource and referral
program funded pursuant to Article 2 (commencing with Section 8210).
Resource and referral program staff shall colocate with a county
welfare department's case management offices for aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code, or any successor program, or arrange
other means of swift communication with parents and case managers of
this aid. The local child care resource and
referral program shall assist families to establish stable
child care arrangements as soon as possible. These
child care arrangements may include licensed and
license-exempt care.
(b) The resource and referral agencies in the county shall provide
information regarding high-quality early learning and educational
support options pursuant to subdivision (b) of Section 8214 to
alternative payment programs in the county to offer support services
pursuant to Section 8220.5, and if available, provide information on
quality rating and improvement systems.
(c) The department shall make informational resources available to
both resource and referral and alternative payment programs pursuant
to subdivision (c) of Section 8214.
(b)
(d) A program operating pursuant to this article shall,
within two business days of being notified of a revocation or a
temporary suspension order for a licensed child day care facility, do
both of the following:
(1) Terminate payment to the facility.
(2) Notify each parent and the facility in writing that payment
has been terminated and the reason for the termination.
(c)
(e) A program operating pursuant to this article shall,
upon being notified that a licensed child care facility has been
placed on probation, provide written notice to each parent utilizing
the facility that the facility has been placed on probation and that
the parent has the option of selecting a different child day
care provider or remaining with the facility without risk
of subsidy payments to the provider being terminated. The Legislature
urges each agency operating pursuant to this section to provide the
written notice required by this subdivision in the primary language
of the parent, to the extent feasible.
SEC. 101. Section 8353 of the Education
Code is amended to read:
8353. (a) The second stage of child care begins when the county
determines that the recipient's work or approved work activity is
stable or when a recipient is transitioning off of aid and
child care is available through a local stage two program.
Second stage child care may be provided to a family who elects to
receive a lump-sum diversion payment or diversion services under
Section 11266.5 of the Welfare and Institutions Code when a funded
space is not immediately available for the family in third stage. The
local stage two agency shall assist in moving families to stage
three as quickly as feasible. Former CalWORKs recipients are eligible
to receive child care services in stage one and
stage two for up to a total of no more than 24 months after they
leave cash aid, or until they are otherwise ineligible within that
24-month period. Family size and income for purposes of determining
eligibility and calculating the family fee shall be determined
pursuant to Sections 8263 and 8263.1. A family leaving cash aid under
the CalWORKS program shall receive up to two years of child
care, if otherwise eligible, as needed to continue the
family's employment. The provision of the two-year time limit is not
intended to limit eligibility for child care under
Section 8354.
(b) The second stage shall be administered by agencies contracting
with the State Department of Education
department . These contractors may be either agencies that have
an alternative payment contract pursuant to Section 8220.1 or county
welfare departments that choose to administer this stage in order to
continue to provide child care services for
recipients or former recipients of aid. If the county chooses to
contract with the department to provide alternative payment services,
this contract shall not displace, or result in the reduction of an
existing contract of, a current alternative payment program.
SEC. 102. Section 8354 of the Education
Code is amended to read:
8354. (a) The third stage of child care begins when a funded
space is available. CalWORKs recipients are eligible for the third
stage of child care. Persons who received a lump-sum diversion
payment or diversion services and former CalWORKs participants are
eligible if they have an income that does not exceed 70 percent of
the state median income pursuant to Section 8263.1. The third stage
shall be administered by programs contracting with the State
Department of Education department . Parents'
eligibility for child care and development
services will be governed by Section 8263 and regulations adopted by
the State Department of Education department
.
(b) In order to move welfare recipients and former recipients from
their relationship with county welfare departments to relationships
with institutions providing services to working families, it is the
intent of the Legislature that families that are former recipients of
aid, or are transitioning off aid, receive their child care
assistance in the same fashion as other low-income working
families. Therefore, it is the intent of the Legislature that
families no longer rely on county welfare departments to obtain
child care subsidies beyond the time they are
receiving other services from the welfare department.
(c) A county welfare department shall not administer the third
stage of child care for CalWORKs recipients except to the extent to
which it delivered those services to families receiving, or within
one year of having received, Aid to Families with Dependent Children
prior to before the enactment of this
section.
(d) This article does not preclude county welfare departments from
operating an alternative payment program under contract with the
State Department of Education department
to serve families referred by child protective services.
SEC. 103. Section 8355 of the Education
Code is amended to read:
8355. Child care during the third stage may be funded with moneys
dedicated to current and former recipients of aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code, or any successor program, including
the federal funds appropriated to alternative payment program
contractors in the 1996-97 fiscal year using the Budget Act's Section
28 process as described in subdivision (b). Nothing shall prevent
child care services provided under stage three
from being funded with moneys from other federal or state sources.
Nothing in this article shall preclude current and former recipients
of aid under Chapter 2 (commencing with Section 11200) of Part 3 of
Division 9 of the Welfare and Institutions Code, or any successor
program, from receiving child care services
pursuant to other provisions of this chapter.
SEC. 104. Section 8356 of the Education
Code is amended to read:
8356. It is the intent of the Legislature that the State
Department of Education department work with
Head Start and California state preschool programs to
generate extended-day and evening care for recipients of aid under
Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of
the Welfare and Institutions Code, or any successor program, through
recruiting and training parents to be licensed and license-exempt
care providers and shall facilitate connections between Head Start
and California state preschool program
contractors and child care certificate
administrators, including counties and other alternative payment
programs, so that funds available for Sections 8351, 8353, and 8354
cover the cost of this care.
SEC. 105. Section 8357 of the Education
Code is amended to read:
8357. (a) The cost of child care services
provided under this article shall be governed by regional market
rates. Recipients of child care services provided
pursuant to this article shall be allowed to choose the
child care services of licensed child care
providers or child care providers who
are, by law, not required to be licensed, and the cost of that
child care shall be reimbursed by counties or
agencies that contract with the State Department of
Education department if the cost is within the
regional market rate. For purposes of this section, "regional market
rate" means care costing no more than 1.5 market standard deviations
above the mean cost of care for that region. The regional market rate
ceilings shall be established at the 85th percentile of the 2005
regional market rate survey for that region.
(b) Reimbursement to license-exempt child care
providers shall not exceed 60 percent of the family child care home
rate established pursuant to subdivision (a), effective July 1, 2011.
(c) Reimbursement to child care providers shall
not exceed the fee charged to private clients for the same service.
(d) Reimbursement shall not be made for child care
services when if care is
provided by parents, legal guardians, or members of the assistance
unit.
(e) A child care provider located on an Indian
reservation or rancheria and exempted from state licensing
requirements shall meet applicable tribal standards.
(f) For purposes of this section, "reimbursement" means a direct
payment to the provider of child care services,
including license-exempt providers. If care is provided in the home
of the recipient, payment may be made to the parent as the employer,
and the parent shall be informed of his or her concomitant legal and
financial reporting requirements. To allow time for the development
of the administrative systems necessary to issue direct payments to
providers, for a period not to exceed six months from the effective
date of this article, a county or an alternative payment agency
contracting with the State Department of Education
department may reimburse the cost of child care
services through a direct payment to a recipient of aid
rather than to the child care provider.
(g) Counties and alternative payment programs shall not be bound
by the rate limits described in subdivision (a) when
if there are, in the region, no more than two
child care providers of the type needed by the
recipient of child care services provided under
this article.
(h) Notwithstanding any other provision of law,
reimbursements to child care providers based upon
a daily rate may only be authorized under either of the following
circumstances:
(1) A family has an unscheduled but documented need of six hours
or more per occurrence, such as the parent's need to work on a
regularly scheduled day off, that exceeds the certified need for
child care.
(2) A family has a documented need of six hours or more per day
that exceeds no more than 14 days per month. In no event shall
reimbursements to a provider based on the daily rate over one month's
time exceed the provider's equivalent full-time monthly rate or
applicable monthly ceiling.
(3) This subdivision shall not limit providers from being
reimbursed for services using a weekly or monthly rate, pursuant to
subdivision (c) of Section 8222.
SEC. 106. Section 8358 of the Education
Code is amended to read:
8358. (a) By January 31, 1998, the State Department of
Education The department and the State
Department of Social Services shall design a form for license-exempt
child care providers to use for certifying health
and safety requirements to the extent required by federal law. Until
the form is adopted, the information required pursuant to Section
11324 of the Welfare and Institutions Code shall continue to be
maintained by the county welfare department or contractor, as
appropriate.
(b) By January 31, 1998, the State Department of
Education The department and the State
Department of Social Services shall do both of the following:
(1) Design a standard process for complaints by parents about the
provision of child care that is exempt from
licensure.
(2) Design, in consultation with local planning councils, a single
application for all child care early
learning and educational support programs and all
families.
(c) (1) County welfare departments and alternative payment
programs shall encourage all providers who are licensed or who are
exempt from licensure and who are providing care under Section 8351,
8353, or 8354, to secure training and education in basic child
development.
(2) Child care provider Provider job
training provided to CalWORKs recipients that is funded by either
the State Department of Education department
or the State Department of Social Services shall include
information on becoming a licensed child care
provider.
(d) The State Department of Education
department shall increase consumer education and consumer
awareness activities so that parents will have the information needed
to seek child care of high quality
high-quality services . High quality child care
High-quality services shall include both
licensed and license-exempt care.
SEC. 107. Section 8358.5 of the
Education Code is amended to read:
8358.5. Notwithstanding any other confidentiality requirement,
the government or private agency administering subsidized
child care services shall share information necessary for
the administration of the child care programs
pursuant to this article and the CalWORKs program pursuant to Chapter
2 (commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code, for the time period for which the
person receives child care services .
SEC. 108. Section 8359.1 of the
Education Code is amended to read:
8359.1. (a) It is the intent of the Legislature in enacting this
article to provide sufficient funding through an appropriation in the
annual Budget Act to fund the estimated cost of providing
child care for all individuals who are anticipated to need
child care to participate in the welfare-to-work
programs and to transition to work.
(b) It is the intent of the Legislature that child care and
development contracts in existence on the effective date of this
section be allowed to continue until the end of the 1997-98 fiscal
year.
(c)
(b) Funding for purposes of implementing this article
shall be appropriated in the annual Budget Act.
SEC. 109. The heading of Article 16 (commencing
with Section 8360) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 16. Child Development Program
Early Learning and Educational Support Personnel Qualifications
SEC. 110. Section 8360 of the
Education Code is amended to read:
8360. (a) (1)
Child development Early learning and educational
support programs shall include a career ladder program
for classroom instructional
staff. Persons who are 18 years of age and older may be
employed as aides and may be eligible for salary increases upon the
completion of additional semester units in early childhood education
or child development. The governing board of each
contracting agency shall be encouraged to provide teachers
instructional staff and aides with salary
increases for the successful completion of early childhood education
or child development courses in six semester unit increments
unit-based coursework and degrees .
(2) Persons employed as teachers shall possess a permit issued by
the Commission on Teacher Credentialing authorizing service in the
care, development, and instruction of children in a child care and
development program.
(b) Any person who meets the following criteria is eligible to
serve in an instructional capacity in a child care and
development an early learning and educational support
program:
(1) Possesses a current credential issued by the Commission on
Teacher Credentialing authorizing teaching service in elementary
school or a single subject credential in home economics.
(2) Twelve units in early childhood education or child
development, or both, or two years' experience in early childhood
education or a child care and development program.
(1) Any person serving as a teacher in an early learning and
educational support program providing direct classroom services shall
possess a permit or credential issued by the Commission on Teacher
Credentialing, including, but not limited to, one of the following:
(A) An associate teacher permit, or higher, authorizing service in
the care, development, and instruction of children in early learning
and educational support programs.
(B) A multiple subject credential with an authorization to teach
prekindergarten through grade 12, inclusive, in a self-contained
classroom.
(C) An elementary or a single subject credential in home
economics. Teachers with an elementary or single subject credential
must also have completed 12 semester units in early childhood
education or child development, or both, or have two years'
experience in early childhood education or an early learning and
educational support program.
(2) Persons who are 18 years of age and older may be employed as
aides and may be eligible for salary increases upon the completion of
additional semester units in early childhood education or child
development.
SEC. 111. Section 8360.1 of the
Education Code is repealed.
8360.1. Except as waived under Section 8242 and except as stated
in Section 18203 of Title 5 of the California Code of Regulations
regarding program directors in schoolage community child care
services programs, any entity operating child care and development
programs providing direct services to children, as defined in Section
8244, at two or more sites, shall employ a program director who
possesses one of the following:
(a) A permit issued by the Commission on Teacher Credentialing
authorizing supervision of a child care and development program
operating in multiple sites.
(b) Any person who meets the following criteria is eligible to
supervise a child care and development program operating in multiple
sites and serve in an instructional capacity in a child care and
development program:
(1) Possesses a current credential issued by the Commission on
Teacher Credentialing authorizing teaching service in elementary
school or a single subject credential in home economics.
(2) Six units in administration and supervision of early childhood
education or child development, or both. The requirement set forth
in this paragraph does not apply to any person who was employed as a
program director prior to January 1, 1993, in a child care and
development program receiving funding under this chapter.
(3) Twelve units in early childhood education or child
development, or both, or at least two years' experience in early
childhood education or a child care and development program.
(c) A waiver issued by the Superintendent of Public Instruction
pursuant to Section 8244.
This section shall become operative on January 1, 1997.
SEC. 112. Section 8360.1 is added to the Education
Code, to read:
8360.1. Except as waived under Section 8242 and except as stated
in Section 18203 of Title 5 of the California Code of Regulations
regarding program directors in schoolage community services programs,
any entity operating early learning and educational support programs
providing direct classroom services to children, pursuant to Article
5 (commencing with Section 8228), at two or more sites, shall employ
a program director who possesses a permit or credential issued by
the Commission on Teacher Credentialing authorizing supervision of a
child care and development program, including, but not limited to:
(a) An administrative credential.
(b) A children's center supervision permit.
(c) A program director permit.
(d) A waiver issued by the Superintendent pursuant to Section
8244.
SEC. 113. Section 8360.2 of the
Education Code is amended to read:
8360.2. Not later than 95 days after the governing board of a
public agency sets the date a person employed by that board shall
begin service in a position requiring a children's center
instructional permit or a children's center
supervision permit or credential , that person
shall file, on or before that date, with the county superintendent of
schools a valid permit issued on or before that date, authorizing
him or her to serve in a position for which he or she was employed.
Upon renewal of that permit, that person shall file that renewal with
the county superintendent of schools no later than 95 days after the
renewal.
SEC. 114. The heading of Article 17 (commencing
with Section 8390) of Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code is amended to
read:
Article 17. Infant Care and Development
and Toddler Services
SEC. 115. Section 8390 of the Education
Code is amended to read:
8390. The Superintendent of Public Instruction
may, with funds appropriated for such that
purpose, enter into agreements with school districts or
community college districts or county superintendents of schools for
the establishment and maintenance of early learning and
educational support programs for the care and
development of infants, and the training of
students pupils in their roles as parents, as
part of the high school program.
SEC. 116. Section 8392 of the Education
Code is amended to read:
8392. Infant care and development ear
ly learning and educational support services
include, but are not limited to, the following:
(a) Supervision and group care, providing for the physical and
emotional needs of the infant in a manner which
that conveys concern and engenders trust.
(b) Educational
stimulation from the earliest development stages onward.
(c) Health Development and health
screening and treatment.
SEC. 117. Section 8394 of the Education
Code is amended to read:
8394. (a) In school districts maintaining
more than one high school, the governing board, after soliciting the
opinions of student pupil parents and
other interested persons, shall determine the location of the infant
care and development center.
Infant care and development
(b) Infant centers shall be
located within high school buildings or within that proximity to high
school buildings as would ensure convenient access by
student pupil parents and other
students. pupils.
SEC. 118. Section 8395 of the Education
Code is amended to read:
8395. To the extent funds are available, federal reimbursement
shall be claimed for any child receiving services in the infant
care and development early learning and
educational support program.
SEC. 119. Section 8397 of the Education
Code is amended to read:
8397. (a) Notwithstanding any other law, infants whose parent or
parents are high school students pupils
may attend infant care and development centers
while their parents attend high school.
(b) Notwithstanding any other law, commencing January 1,
1986, the Superintendent of Public Instruction
may enter into an agreement pursuant to Section 8390
permitting infants whose parent or parents are students
pupils in grades 7 and 8 to attend infant
care and development centers while their parents
attend school.
SEC. 120. Section 8400 of the Education
Code is amended to read:
8400. It has come to the attention of the Legislature that:
(a) Existing law does not provide for an administrative appeal
procedure to review and resolve disputes between the State
Department of Education department and the over
750 local contracting agencies which that
contract with the department to provide child care
early learning and educational support services
to low-income families in California.
(b) All disputes are currently resolved in the already
overburdened California courts resulting in a time-consuming and
costly process for both the contract agency and the department.
Extensive funds have been expended by the State Department
of Education department for those purposes.
(c) The presence of public and private agencies, small as well as
large, in the subsidized child care delivery
system provides client families with a range of desirable services,
and cost-effective service mechanisms.
(d) The presence of an efficient administrative appeal procedure
will ensure program stability and encourage retention in the delivery
system of a range of service-providing agencies.
SEC. 121. Section 8401 of the Education
Code is amended to read:
8401. It is the intent of the Legislature to authorize an appeal
process for the resolution of disputes between the State
Department of Education department and local
agencies which that contract with the
Department of Education department
pursuant to Section 8262 to provide child care and
development early learning and educational support
services or to furnish property, facilities, personnel,
supplies, equipment and administrative services.
SEC. 122. Section 8402 of the Education
Code is amended to read:
8402. The State Department of Education
department shall provide an independent appeal procedure to
each contracting agency providing child care and development
early learning and educational support services
pursuant to Section 8262. Prior to Before
filing an appeal petition, the contracting agency shall have
submitted all previously required standard monthly or quarterly
reporting forms to the State Department of Education
department . The appeal procedure shall be
conducted by the Office of Administrative Hearings and shall be
provided upon petition of the contracting agency in any of the
following circumstances:
(a) Termination or suspension of a contracting agency's contract.
(b) Denial of more than 4 percent or twenty-five thousand dollars
($25,000), whichever is less, of a local contracting agency's
contracted payment for services schedule.
(c) Demand for remittance of an overpayment of more than 4 percent
or twenty-five thousand dollars ($25,000), whichever is less, of a
local contracting agency's annual contract.
SEC. 123. Section 8406.7 of the
Education Code is amended to r ead:
8406.7. (a) Any agency that evidences chronic fiscal or program
violations of a felony nature may have its contract suspended or
terminated immediately , provided if
there is documented evidence thereof of these
violations , and upon review and recommendation of the general
counsel of the State Department of Education
department . A fiscal or programmatic violation constituting a
breach of contract includes one or more of the following:
(1) Fraud, or conspiracy to defraud.
(2) Misuse of state funds in violation of the State of California
Accounting Manual.
(3) Embezzlement.
(4) Threats of bodily or other harm to state officials.
(5) Bribery or attempted bribery of a state official.
(6) Unsafe or unhealthy physical environment or facility.
(7) Substantiated abuse or molestation of children.
(8) Failure to report suspected child abuse or molestation.
(9) Theft of supplies, equipment or food.
(b) An agency contract terminated for cause retains appeal rights
in accordance with Section 8402.
(c) The State Department of Education
department shall advise child care and development
contractors of the provision
provisions of this section within 30 working days of its
enactment.
SEC. 124. Section 8447 of the Education
Code is amended to read:
8447. (a) The Legislature hereby finds and declares that greater
efficiencies may be achieved in the execution of state subsidized
child care and development early learning and
educational support program contracts with public and private
agencies by the timely approval of contract provisions by the
Department of Finance, the Department of General Services, and the
State Department of Education and by authorizing the State Department
of Education to establish a multiyear application, contract
expenditure, and service review as may be necessary to provide timely
service while preserving audit and oversight functions to protect
the public welfare.
(b) (1) The Department of Finance and the Department of General
Services shall approve or disapprove annual contract funding terms
and conditions, including both family fee schedules and regional
market rate schedules that are required to be adhered to by contract,
and contract face sheets submitted by the State Department of
Education not more than 30 working days from the date of submission,
unless unresolved conflicts remain between the Department of Finance,
the State Department of Education, and the Department of General
Services. The State Department of Education shall resolve conflicts
within an additional 30 working day time period. Contracts and
funding terms and conditions shall be issued to child care
contractors no later than June 1. Applications for new
child care funding shall be issued not more than 45 working days
after the effective date of authorized new allocations of child care
moneys.
(2) Notwithstanding paragraph (1), the State Department of
Education shall implement the regional market rate schedules based
upon the county aggregates, as determined by the Regional Market
survey conducted in 2005.
(3) Notwithstanding paragraph (1), for the 2006-07 fiscal year,
the State Department of Education shall update the family fee
schedules by family size, based on the 2005 state median income
survey data for a family of four. The family fee schedule used during
the 2005-06 fiscal year shall remain in effect. However, the
department shall adjust the family fee schedule for families that are
newly eligible to receive or will continue to receive services under
the new income eligibility limits. The family fees shall not exceed
10 percent of the family's monthly income.
(4) Notwithstanding any other law, the family fee schedule that
was in effect for the 2007-08, 2008-09, 2009-10, and 2010-11 fiscal
years shall be adjusted to reflect the income eligibility limits
specified in subdivision (b) of Section 8263.1 for the 2011-12 fiscal
year, and shall retain a flat fee per family. The revised family fee
schedule shall begin at income levels at which families currently
begin paying fees. The revised family fees shall not exceed 10
percent of the family's monthly income. The State Department of
Education shall first submit the adjusted fee schedule to the
Department of Finance for approval in order to be implemented by July
1, 2011.
(5) Notwithstanding any other law, the family fee schedule that
was in effect for the 2011-12 fiscal year pursuant to paragraph (4)
shall remain in effect for the 2012-13 fiscal year, and shall retain
a flat fee per family.
(6) It is the intent of the Legislature to fully fund the third
stage of child care for former CalWORKs recipients.
(c) With respect to subdivision (b), it is the intent of the
Legislature that the Department of Finance annually review contract
funding terms and conditions for the primary purpose of ensuring
consistency between child care contracts and the child care budget.
This review shall include evaluating any proposed changes to contract
language or other fiscal documents to which the contractor is
required to adhere, including those changes to terms or conditions
that authorize higher reimbursement rates, that modify related
adjustment factors, that modify administrative or other service
allowances, or that diminish fee revenues otherwise available for
services, to determine if the change is necessary or has the
potential effect of reducing the number of full-time equivalent
children that may be served.
(d) Alternative payment child care systems,
programs, as set forth in Article 3 (commencing with
Section 8220), shall be subject to the rates established in the
Regional Market Rate Survey of California Child Care Providers for
provider payments. The State Department of Education shall contract
to conduct and complete a Regional Market Rate Survey no more
frequently than once every two years, consistent with federal
regulations, with a goal of completion by March 1.
(e) By March 1 of each year, the Department of Finance shall
provide to the State Department of Education the State Median Income
amount for a four-person household in California based on the best
available data. The State Department of Education shall adjust its
fee schedule for child care providers to reflect
this updated state median income; however, no changes based on
revisions to the state median income amount shall be implemented
midyear.
(f) Notwithstanding the June 1 date specified in subdivision (b),
changes to the regional market rate schedules and fee schedules may
be made at any other time to reflect the availability of accurate
data necessary for their completion, provided these documents receive
the approval of the Department of Finance. The Department of Finance
shall review the changes within 30 working days of submission and
the State Department of Education shall resolve conflicts within an
additional 30 working day period. Contractors shall be given adequate
notice prior to before the effective
date of the approved schedules. It is the intent of the Legislature
that contracts for services not be delayed by the timing of the
availability of accurate data needed to update these schedules.
(g) Notwithstanding any other provision of law,
no family receiving CalWORKs cash aid may be charged a family fee.
SEC. 125. Section 8448 of the Education
Code is amended to read:
8448. As used in this article:
(a) "Financial and compliance audit" means a systematic review or
appraisal to determine each of the following:
(1) Whether the financial statements of an audited organization
fairly present the financial position and the results of financial
operations in accordance with generally accepted accounting
principles.
(2) Whether the organization has complied with laws and
regulations that may have a material effect upon the financial
statements.
(b) "Public accountants" means certified public accountants, or
state licensed public accountants.
(c) "Independent auditors" means public accountants who have no
direct or indirect relationship with the functions or activities
being audited or with the business conducted by any of the officials
or contractors being audited.
(d) "Generally accepted auditing standards" means the auditing
standards set forth in the financial and compliance element of the
"Government Auditing Standards" issued by the Comptroller General of
the United States and incorporating the audit standards of the
American Institute of Certified Public Accountants.
(e) "Direct service contract" means any contract with any public
or private entity for child care and development
early learning and educational support programs, resource
and referral programs, and programs contracting to provide support
services , as defined in Section 8208.
(f) "Nonprofit organization" means an organization described in
Section 501(c)(3) of the Internal Revenue Code of 1954 which is
exempt from taxation under Section 501(a) of that code, or any
nonprofit, scientific, or educational organization qualified under
Section 23701d of the Revenue and Taxation Code.
(g) (1) Annually, there shall be a single
independent financial and compliance audit of organizations that
contract with the state under a direct service contract. Any such
audit shall include an evaluation of the accounting and control
systems of the direct service contractor and of the activities by the
contractor to comply with the financial requirements of direct
service contracts received by the contractor from the state agency.
The financial and compliance requirements to be reviewed during the
audit shall be those developed and published by the State
Department of Education department in
consultation with the Department of Finance. Audits carried out
pursuant to this section shall be audits of the contractor rather
than audits of individual contracts or programs. In the case of any
contractor that receives less than twenty-five thousand dollars
($25,000) per year from any state agency, the audit required by this
section shall be conducted biennially, unless there is evidence of
fraud or other violation of state law in connection with the direct
service contract. The cost of the audit may be included in direct
service contracts.
The
(2) The organization receiving
funds from the state shall be responsible for obtaining the required
financial and compliance audits of the organization and any
subcontractors, except for direct service subcontracts and other
subcontracts exempt from State Department of Education
department review, as agreed to by the
Departments of Finance and General Services. The audits shall be made
by independent auditors in accordance with generally accepted
auditing standards. The audit shall be completed by the 15th day of
the fifth month following the end of the contractor's fiscal year. A
copy of the required audit shall be filed with the State
Department of Education department upon its
completion. In the event an audit is not filed, the State
Department of Education department shall notify
the organization of the contract violation. The audit report filed
shall be an integral part of the direct service contract file.
(h) (1) Nothing in this article limits the authority of the
State Department of Education department
to make audits of direct service contracts. However, if
independent audits arranged for by direct service contractors meet
generally accepted auditing standards, the State Department
of Education department shall rely on those
audits and any additional audit work shall build upon the work
already done.
(2) Nothing in this article precludes the state from conducting,
or contracting for the conduct of, contract performance audits which
are not financial and compliance audits.
(3) Nothing in this article limits the state's responsibility or
authority to enforce state law or regulations, procedures, or
reporting requirements arising pursuant thereto.
(4) Nothing in this article limits the responsibility of the
State Department of Education department
to provide an independent appeal procedure according to the
provisions of the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2) of the
Government Code.
SEC. 126. Section 8450 of the Education
Code is amended to read:
8450. (a) All child development early
learning and educational support contractors are encouraged to
develop and maintain a reserve within the child development fund,
derived from earned but unexpended funds. Child development
contractors Contractors may retain all earned
funds. For the purpose of this section, "earned funds" are those for
which the required number of eligible service units have been
provided.
(b) (1) Earned funds shall not be expended for any activities
proscribed by Section 8406.7. Earned but unexpended funds shall
remain in the contractor's reserve account within the child
development fund and shall be expended only by direct classroom
service child development programs that are
funded under contract with the department.
(2) Commencing July 1, 2011, a contractor may retain a reserve
fund balance, separate from the reserve fund retained pursuant to
subdivision (c) or (d), equal to 5 percent of the sum of the maximum
reimbursable amounts of all contracts to which the contractor is a
party, or two thousand dollars ($2,000), whichever is greater. This
paragraph applies to direct classroom service
child development programs that are funded under contract
with the department.
(c) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for a resource and referral program,
separate from the balance retained pursuant to subdivision (b) or
(d), not to exceed 3 percent of the contract amount. Funds from this
reserve account may be expended only by resource and referral
programs that are funded under contract with the department.
(d) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for alternative payment model and
certificate child care contracts, separate from
the reserve fund retained pursuant to subdivisions (b) and (c). Funds
from this reserve account may be expended only by alternative
payment model and certificate child care programs
that are funded under contract with the department. The reserve
amount allowed by this section may not exceed either of the
following, whichever is greater:
(1) Two percent of the sum of the parts of each contract to which
that contractor is a party that is allowed for administration
pursuant to Section 8276.7 and that is allowed for supportive
services pursuant to the provisions of the contract.
(2) One thousand dollars ($1,000).
(e) Each contractor's audit shall identify any funds earned by the
contractor for each contract through the provision of contracted
services in excess of funds expended.
(f) Any interest earned on reserve funds shall be included in the
fund balance of the reserve. This reserve fund shall be maintained in
an interest-bearing account.
(g) Moneys in a contractor's reserve fund may be used only for
expenses that are reasonable and necessary costs as defined in
subdivision (n) (l) of Section 8208.
(h) Any reserve fund balance in excess of the amount authorized
pursuant to subdivisions (b), (c), and (d) shall be returned to the
department pursuant to procedures established by the department.
(i) Upon termination of all child development
early learning and educational support
contracts between a contractor and the department, all moneys in a
contractor's reserve fund shall be returned to the department
pursuant to procedures established by the department.
(j) Expenditures from, additions to, and balances in, the reserve
fund shall be included in the agency's annual financial statements
and audit.
SEC. 127. Section 8493 of the Education
Code is amended to read:
8493. It is the intent of the Legislature that funds be
appropriated for capital outlay for purposes of providing facilities
for child care and development services provided
pursuant to this chapter, including, but not limited to, all of the
following purposes:
(a) For the purchase of relocatable facilities by the state for
lease to qualifying contracting agencies in areas with no available
economically practical or feasible child care and development
facilities.
(b) For renovation and repair of child care and development
facilities in order to comply with state and local health and safety
standards and licensing requirements, without unnecessarily
increasing the value of the facility.
SEC. 128. Section 8494 of the Education
Code is amended to read:
8494. (a) All of the following child care and
development programs, other than those providing extended
day care services, shall be eligible to receive a
loan for the renovation and repair of facilities used for the program
or to lease relocatable facilities to be used for the program:
(1) Private nonprofit child care and development
programs currently, or soon to be, under contract with the
State Department of Education departm
ent pursuant to Section 8262.
(2) Child care and development Early
learning and educational support programs conducted pursuant to
Article 4 (commencing with Section 8225).
(3) Child care and development Early
learning and educational support programs operated by, or in a
facility owned by, a public entity.
(4) Child care and development Early
learning and educational support programs conducted
pursuant to Article 7.1 (commencing with Section 54740) of Chapter 9
of Part 29.
(b) A recipient of a loan pursuant to this section shall document
that the renovated facility shall comply with all laws and
regulations applicable to child care facilities provided for pursuant
to Chapter 3.4 (commencing with Section 1596.70) and Chapter 3.5
(commencing with Section 1596.90) of Division 2 of the Health and
Safety Code.
(c) A recipient of a loan pursuant to this section shall assure
the board that the renovated facility shall be used for the
purposes of the child care and development
program for the entire loan period, which shall be
determined by the board as follows:
(1) For loans equal to or less than thirty thousand dollars
($30,000), not less than three years.
(2) For loans exceeding thirty thousand dollars ($30,000), the
loan period shall increase one year for each additional ten thousand
dollars ($10,000) or part thereof, to a maximum of fifty thousand
dollars ($50,000).
(d) Interest on the loan principal shall be charged at a rate
equal to the average of the interest rate applied to the last three
bond sales pursuant to Chapter 21.6 (commencing with Section 17695)
of Part 10.
(e) In the event that a recipient ceases to use the renovated
facility for purposes of the child care and development
program prior to before the
expiration of the loan period, the board shall collect the entire
outstanding balance of the loan, plus interest, notwithstanding the
loan period originally set pursuant to subdivision (c), unless the
board deems it appropriate to waive repayment at that time.
(f) If the renovated facility has been continuously used for
purposes of the child care and development program
for the entire loan period, the board shall waive repayment of the
amount of the loan principal, plus interest, at the end of the loan
period.
SEC. 129. Section 8495 of the Education
Code is amended to read:
8495. (a) There is hereby created in the State Treasury the State
Child Care Capital Outlay Fund. Notwithstanding Section 13340 of the
Government Code, all moneys in the State Child Care Capital Outlay
Fund, including moneys deposited in that fund from any source
whatsoever, shall be continuously appropriated without regard to
fiscal year for expenditure pursuant to the provisions of
this article. The fund shall be administered by the State
Allocation Board, which may authorize the expenditure of any moneys
in the fund for capital outlay projects pursuant to Section 8277.7 or
this article. Funds in the State Child Care Facilities Fund set
aside for the purposes of providing extended day care facilities
pursuant to Section 8477 shall be transferred to the State Child Care
Capital Outlay Fund upon the effective date of the act amending this
section in the 1997-98 Regular Session.
(b) The Superintendent of Public Instruction
shall establish the qualifications to determine the eligibility of
child care and development agencies, including
those that provide preschool and extended day care services, to lease
relocatable facilities under this section.
(c) Although primary use of relocatable facilities shall be for
child care and development early learning and
educational support programs, including preschool
and extended day care programs, those facilities may be used for
other purposes if the following conditions are met:
(1) The alternative use of the facility does not infringe upon the
accessibility of child care and development
early learning and educational support programs including
preschool or extended day care programs.
(2) The Superintendent of Public Instruction
authorizes alternative use as being compatible with child
care and development early learning and educational
support programs, including preschool or extended day care
programs.
(d) The State Allocation Board, with the advice of the
Superintendent of Public Instruction , may do all
of the following:
(1) Establish any procedures and policies
in connection with the administration of this section that it deems
necessary.
(2) Adopt any rules and regulations for the administration of this
section requiring those procedures, forms, and information that it
deems necessary.
(3) Have constructed, furnished, equipped, or otherwise require
whatever work is necessary to place relocatable facilities for
child care and development early learning and
educational support services, including preschool and extended
day care services where needed.
(e) The board shall lease relocatable facilities to qualifying
agencies providing child care and development
early learning and educational support services, including
preschool or extended day care services, and shall charge rent of one
dollar ($1) per year. The board shall require lessees to undertake
all necessary maintenance, repairs, renewal, and replacement to
ensure that a project is at all times kept in good repair, working
order, and condition. All costs incurred for this purpose shall be
borne by the lessee. Neither the board nor the state shall assume any
responsibility for utility services costs other than initial
installation costs reimbursed under this article, and the agency
shall provide adequate safeguards to protect the state's interest in
this regard.
(f) The board shall require lessees to insure at their own expense
for the benefit of the state, any leased relocatable facility that
is the property of the state, against any risks, including liability
from the use thereof, in the amounts the board deems necessary to
protect the interests of the state. Neither the board nor the state
shall assume any responsibility for utility services costs other than
initial installation costs reimbursed under this article, and the
agency shall provide adequate safeguards to protect the state's
interest in this regard.
(g) No relocatable facilities shall be made available to an agency
unless the agency furnishes evidence, satisfactory to the board,
that the agency has no other facility available for rental, lease, or
purchase in the geographic service area that is economically or
otherwise feasible.
(h) The board shall have prepared for its use, performance
specifications for relocatable facilities and bids for their
construction that can be solicited from more than one responsible
bidder. The board shall from time to time solicit bids from, and
award to, the lowest responsible competitive bidder, contracts for
the construction or purchase of relocatable facilities that have been
approved for lease to eligible agencies that provide child
care and development early learning and educational
support services, including preschool or extended day care
services.
(i) If at any time the board determines that a lessees' need for
particular relocatable facilities that were made available to the
lessee pursuant to this article has ceased, the board may take
possession of the relocatable facilities and may lease them to other
eligible contracting agencies, or, if there is no longer a need for
the relocatable facilities, the board may dispose of them to public
or private parties in the manner it deems to be in the best interests
of the state.
(j) If a lessee uses a particular relocatable facility for only a
portion of the year, the board may enter into a second lease with a
public or private party for the use of that facility for the portion
of the year during which the facility would otherwise be unused, in
the manner it deems to be in the best interests of the state. The
lessee shall be subject to subdivisions (d) and (f).
SEC. 130. Section 8495.1 of the
Education Code is amended to read:
8495.1. (a) The State Allocation Board shall establish
regulations for the allocation of funds for capital outlay and for
the reimbursement of initial utility installation costs for purposes
of this chapter. The Superintendent of Public Instruction
shall establish qualifications for determining the
eligibility of agencies providing child care and development
early learning and educational support
services, including preschool and extended day care service, to apply
for these funds.
(b) Notwithstanding any other provision of law,
except for Section 8477, priority in funding of capital outlay
grants or relocatables from funds administered pursuant to Section
8277.7 and under this article, shall be determined in the following
order:
(1) Programs experiencing emergencies as defined by the
Superintendent of Public Instruction and the State
Allocation Board.
(2) Facilities lost due to the Class Size Reduction Program
(Chapter 6.10 (commencing with Section 52120) of Part 28).
(3) Expansion of child care early learning
and educational support services.
SEC. 131. Section 8498 of the Education
Code is amended to read:
8498. (a) The State Allocation Board may use up to 5 percent of
any appropriation for the purposes of this article
to provide loans to private nonsectarian child care and
development early learning and educational
support programs not under contract with the department for
renovation and repair of existing program facilities, in accordance
with this section.
(b) The Superintendent shall establish qualifications to determine
the eligibility of child care agencies for loans
pursuant to this section.
(c) The board, with any necessary assistance from the
Superintendent, may do any of the following:
(1) Establish procedures and policies in connection with the
administration of this section it deems necessary.
(2) Adopt rules and regulations for the administration of this
section requiring procedure, forms, and information it deems
necessary.
(d) A recipient of a loan pursuant to this section shall do all of
the following:
(1) Document that the renovated facility shall comply with all
laws and regulations applicable to child care facilities provided for
pursuant to Chapter 3.4 (commencing with Section 1596.70) and
Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the
Health and Safety Code.
(2) Demonstrate to the satisfaction of the board that it will have
sufficient revenues to pay the principal and interest on the loan
and to maintain the operation of the child care facility.
(e) A recipient of a loan pursuant to this section shall assure
the board that the renovated facility shall be used for purposes of
the child care and development program for the
following periods:
(1) For loans equal to or less than thirty thousand dollars
($30,000), not less than three years from the beginning of the loan
period.
(2) For loans exceeding thirty thousand dollars ($30,000), the
fixed period of time shall increase one year for each additional ten
thousand dollars ($10,000) or part thereof, to a maximum of fifty
thousand dollars ($50,000).
(f) The board shall set the period of the loan for each recipient,
up to a maximum of 10 years, based upon the amount of the loan, the
recipient's ability to repay the loan, and the length of time the
recipient has committed to use the renovated facility for purposes of
the child care and development program.
(g) Interest on the loan principal shall be charged at a rate
equal to the average of the interest rate applied to the last three
bond sales pursuant to Chapter 21.6 (commencing with Section 17695)
of Part 10.
(h) In the event that a recipient ceases to use the renovated
facility for purposes of the child care and development
program prior to before the
expiration of the period specified pursuant to subdivision (e), the
board shall collect the entire outstanding balance of the loan, plus
interest, notwithstanding the loan period originally set pursuant to
subdivision (f).
SEC. 132. Section 8499 of the Education
Code is amended to read:
8499. For purposes of this chapter, the following definitions
shall apply:
(a) "Block grant" means the block grant contained in Title VI of
the Child Care and Development Fund, as established by the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. (Public Law 104-193).
(b) "Child care" means all licensed child care and
development early learning and educational
support services and license-exempt child care, including, but
not limited to, private for-profit programs, nonprofit programs, and
publicly funded programs, for all children up to and
including 12 from birth to 13 years of age,
including children with exceptional needs and children from all
linguistic and cultural backgrounds.
(c) "Child care provider" means a person who provides child care
services or represents persons who provide child care services.
(d) "Community representative" means a person who represents an
agency or business that provides private funding for child care
services, or who advocates for child care services through
participation in civic or community-based organizations but is not a
child care provider and does not represent an agency that contracts
with the State Department of Education to provide child care
and development early learning and educational
support services.
(e) "Consumer" means a parent or person who receives, or who has
received within the past 36 months, child care services.
(f) "Department" means the State Department of Education.
(g) "Local planning council" means a local child care and
development early learning and educational support
planning council as described in Section 8499.3.
(h) "Public agency representative" means a person who represents a
city, county, city and county, or local educational agency.
SEC. 133. The heading of Article 2 (commencing
with Section 8499.3) of Chapter 2.3 of Part 6 of Division
1 of Title 1 of the Education Code is amended
to read:
Article 2. Membership and Funding of Local Child Care
and Development Planning Councils
SEC. 134. Section 8499.3 of the
Education Code is amended to read:
8499.3. (a) It is the intent of the Legislature that local
child care and development planning councils shall
provide a forum for the identification of local priorities for
child care early learning and educational
support and the development of policies to meet the needs
identified within those priorities.
(b) The county board of supervisors and the county superintendent
of schools shall do both of the following:
(1) Select the members of the local planning council. Before
making selections pursuant to this subdivision, the county
board of supervisors and the county superintendent of schools shall
publicize their intention to select the members and shall invite
local organizations to submit nominations. In counties in which the
county superintendent is appointed by the county board of
education, the county board of education may make the appointment or
may delegate that responsibility to the superintendent.
(2) Establish the term of appointment for the members of the local
planning council.
(c) (1) The local planning council shall be comprised as follows:
(A) Twenty percent of the membership shall be consumers.
(B) Twenty percent of the membership shall be child care
providers, reflective of the range of child care
providers in the county.
(C) Twenty percent of the membership shall be public agency
representatives.
(D) Twenty percent of the membership shall be community
representatives, who shall not be child care
providers or agencies that contract with the department to provide
child care and development services.
(E) The remaining 20 percent shall be appointed at the discretion
of the appointing agencies.
(2) The county board of supervisors and the county
superintendent of schools shall each appoint one-half of the
members. In the case of uneven membership, both appointing entities
shall agree on the odd-numbered appointee.
(d) Every effort shall be made to ensure that the ethnic, racial,
and geographic composition of the local planning council is
reflective of the ethnic, racial, and geographic distribution of the
population of the county.
(e) The county board of supervisors and county
superintendent of schools may designate an existing child
care planning council or coordinated child and family
services council as the local planning council, as long as it has or
can achieve the representation set forth in this section.
(f) Upon establishment of a local planning council, the local
planning council shall elect a chair and select a staff.
(g) Each local planning council shall develop and implement a
training plan to provide increased efficiency, productivity, and
facilitation of local planning council meetings. This may include
developing a training manual, hiring facilitators, and identifying
strategies to meet the objectives of the council.
(h) No member of a local planning council shall participate in a
vote if he or she has a proprietary interest in the outcome of the
matter being voted upon.
SEC. 135. Section 8499.5 of the
Education Code is amended to read:
8499.5. (a) The department shall allocate child care
funding pursuant to Chapter 2 (commencing with Section
8200) based on the amount of state and federal funding that is
available.
(b) By May 30 of each year, upon approval by the county board of
supervisors and the county superintendent of schools, a local
planning council shall submit to the department the local priorities
it has identified that reflect all child care needs in the county. To
accomplish this, a local planning council shall do all of the
following:
(1) Conduct an assessment of child care needs in the county no
less than once every five years. The department shall define and
prescribe data elements to be included in the needs assessment and
shall specify the format for the data reporting. The needs assessment
shall also include all factors deemed appropriate by the local
planning council in order to obtain an accurate picture of the
comprehensive child care needs in the county. The factors include,
but are not limited to, all of the following:
(A) The needs of families eligible for subsidized child
care.
(B) The needs of families not eligible for subsidized
child care.
(C) The waiting lists for programs funded by the department and
the State Department of Social Services.
(D) The need for child care for children
determined by the child protective services agency to be neglected,
abused, or exploited, or at risk of being neglected, abused, or
exploited.
(E) The number of children in families receiving public
assistance, including CalFresh benefits, housing support, and
Medi-Cal, and assistance from the Healthy Families Program and the
Temporary Assistance for Needy Families (TANF) program.
(F) Family income among families with preschool or schoolage
children.
(G) The number of children in migrant agricultural families who
move from place to place for work or who are currently dependent for
their income on agricultural employment in accordance with
subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of,
Section 8231.
(H) The number of children who have been determined by a regional
center to require services pursuant to an individualized family
service plan, or by a local educational agency to require services
pursuant to an individualized education program or an individualized
family service plan.
(I) The number of children in the county by primary language
spoken pursuant to the department's language survey.
(J) Special needs based on geographic considerations, including
rural areas.
(K) The number of children needing child care
services by age cohort.
(2) Document information gathered during the needs assessment
which that shall include, but need not
be limited to, data on supply, demand, cost, and market rates for
each category of child care in the county.
(3) Encourage public input in the development of the priorities.
Opportunities for public input shall include at least one public
hearing during which members of the public can comment on the
proposed priorities.
(4) Prepare a comprehensive countywide child care plan designed to
mobilize public and private resources to address identified needs.
(5) Conduct a periodic review of child care programs funded by the
department and the State Department of Social Services to determine
if identified priorities are being met.
(6) Collaborate with subsidized and nonsubsidized child
care providers, county welfare departments, human service
agencies, regional centers, job training programs, employers,
integrated child and family service councils, local and state
children and families commissions, parent organizations, early start
family resource centers, family empowerment centers on disability,
local child care resource and referral programs,
and other interested parties to foster partnerships designed to meet
local child care needs.
(7) Design a system to consolidate local child care waiting lists,
if a centralized eligibility list is not already in existence.
(8) Coordinate part-day programs, including California
state preschool and Head Start, with other child care and
development early learning and educational support
services to provide full-day child care.
(9) Submit the results of the needs assessment and the local
priorities identified by the local planning council to the
county board of supervisors and the county superintendent of
schools for approval before submitting them to the department.
(10) Identify at least one, but not more than two, members to
serve as part of the department team that reviews and scores
proposals for the provision of services funded through contracts with
the department. Local planning council representatives may not
review and score proposals from the geographic area covered by their
own local planning council. The department shall notify each local
planning council whenever this opportunity is available.
(c) The department shall, in conjunction with the State Department
of Social Services and all appropriate statewide agencies and
associations, develop guidelines for use by local planning councils
to assist them in conducting needs assessments that are reliable and
accurate. The guidelines shall include acceptable sources of
demographic and child care data, and methodologies for assessing
child care supply and demand.
(d) The department shall allocate funding within each county in
accordance with the priorities identified by the local planning
council of that county and submitted to the department pursuant to
this section, unless the priorities do not meet the requirements of
state or federal law. All matter omitted in this version of the bill
appears in the bill as amended in the Senate, March 12, 2013. (JR11)
