BILL NUMBER: AB 1059 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Member De Leon
FEBRUARY 23, 2007
An act to amend Sections 8279.7, 69622, and 69624 of, to
add Section 8279.8 to, and to add Article 5.4 (commencing with
Section 69617) to Chapter 2 of Part 42 of Division 5 of Title 3 of
the Education Code, An act to amend Section 69624 of
the Education Code, relating to child care personnel.
LEGISLATIVE COUNSEL'S DIGEST
AB 1059, as amended, De Leon. Child care personnel:
Prekindergarten Assumption Program of Loans for Education:
Child Development Teacher and Supervisor Grant Program.
(1) Existing law declares the intent of the Legislature to assist
counties in improving the retention of qualified child care employees
working directly with children who receive state-subsidized child
care services. Existing law requires that moneys in specified items
of the Budget Acts of 2000, 2004, 2005, and 2006 be allocated to
local child care and development planning councils based on the
percentage of state-subsidized, center-based child care funds
received in the county, and requires that these funds be used to
address the retention of qualified child care employees in
state-subsidized child care centers.
This bill would declare the intent of the Legislature to expand
the provision of funding for the purposes of this provision. The bill
would require a county that also participates in a Comprehensive
Approach to Raising Educational Standards (CARES) program to align
these programs and related educational requirements to the maximum
extent feasible. The bill would require a county receiving funds for
the purposes of this provision to grant priority to allocating funds
at sites operated by publicly funded providers that are located in
the attendance area of elementary schools that have been ranked in
decile 1, 2, or 3 of the Academic Performance Index or that employ
child care workers enrolled in for-credit college or university early
childhood development classes.
The bill would require the State Department of Education to
annually provide the Student Aid Commission with a list of state and
state-subsidized preschool programs that are located in the
attendance areas of elementary schools that have been ranked in
decile 1, 2, or 3 of the Academic Performance Index.
(2) Existing law establishes an Assumption Program of Loans for
Education (APLE), administered by the Student Aid Commission, and
under which an applicant enrolled in a participating institution of
postsecondary education, or an applicant who agrees to participate in
a teacher trainee or teacher internship program, and who further
agrees to obtain a teaching credential in subject areas that are
designated as current or projected shortage areas or to provide
classroom instruction in schools that serve large populations of
pupils from low-income families, is eligible to enter into a loan
assumption agreement, to be redeemed pursuant to a prescribed
procedure upon becoming employed as a teacher, for up to $11,000 of
loan assumption benefit after 4 consecutive years of qualified
teaching.
This bill would establish the Prekindergarten Assumption Program
of Loans for Education (P-APLE). This program would be administered
by the Student Aid Commission, and would be similar to APLE. Under
P-APLE, a person who has obtained a bachelor of arts or a bachelor of
science degree could receive up to $11,000 of loan assumption
benefit after 4 consecutive years of working at a public preschool
that is located within the attendance area of a publicly funded
elementary school that has been ranked in decile 1, 2, or 3 of the
Academic Performance Index.
(3) Existing
Existing law establishes the Child Development Teacher
and Supervisor Grant Program, which is administered by the Student
Aid Commission. Under the program, qualified students attending
California public or private 2-year or 4-year postsecondary
educational institutions who intend to teach or supervise in the
field of childcare and development in a licensed children's center
may receive grants, for no more than 2 academic years, of up to
$2,000 for each academic year if the participant is enrolled in a
4-year institution, and $1,000 for each academic year if the
participant is enrolled in a community college. Existing law
expresses the intent of the Legislature that up to 100 new grants be
awarded under the program each year. Existing law also provides that
this program is not implemented unless and until federal funds are
made available for its purposes.
This bill would add persons working at a child care center that
contracts with the State Department of Education and persons working
for a publicly funded provider that is located in the attendance area
of a public elementary school that has been ranked in decile 1, 2,
or 3 of the Academic Performance Index to those persons who are
eligible to receive grants under the program. The
This bill would express the intent of the Legislature
that , subject to the availability of federal funds, up to
400 new grants be awarded under the program each year. The bill
would raise the maximum level of the grants to $3,000 for each
academic year if the participant is enrolled in a 4-year institution,
and $2,000 for each academic year if the participant is enrolled in
a community college. The bill would delete the provision that limits
eligibility for this program to no more than 2 academic years.
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 Legislature finds and declares
all of the following:
(a) Prekindergarten years are a time when children's brains are
rapidly developing and literacy interventions can be especially
effective.
(b) Long-term national studies show that children who attended an
effective preschool had better vocabulary and language skills, as
well as significantly higher reading scores on standardized tests
through grade 6.
(c) Effective prekindergarten provides a language-rich environment
that strongly contributes to successful beginning reading in
kindergarten and beyond.
(d) Early care and education (ECE) teacher turnover is twice that
of California public elementary and secondary teachers.
(e) Only one-quarter of ECE teachers have a bachelor's degree, and
only 12 percent of ECE assistant teachers have an associate's
degree.
(f) Less than one-third of licensed child care centers employ a
teacher who has received unit-bearing training in instruction for
English language learners.
SEC. 2. Section 8279.7 of the Education Code is
amended to read:
8279.7. (a) The Legislature recognizes the importance of
providing high-quality child care services. It is, therefore, the
intent of the Legislature to assist counties in improving the
retention of qualified child care employees who work directly with
children who receive state-subsidized child care services.
(b) (1) It is further the intent of the Legislature, in amending
this section during the 2005-06 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.
(2) It is further the intent of the Legislature, in amending this
section during the 2007-08 Regular Session, to expand the provision
of funding for the purposes of this section.
(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 (Ch. 52, Stats. 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 funds received in that
county, and shall be used to address the retention of qualified child
care 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 of qualified persons working in licensed child
care programs that serve a majority of children who receive
subsidized child care 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 either in paragraph (11) of
Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget Act
of 2000 (Ch. 52, Stats. 2000) and are described in subdivision (i) of
Provision 7 of that item, in paragraph (l) of Schedule (1.5) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2004 (Ch. 208,
Stats. 2004) and are described in subdivision (i) of Provision 7 of
that item, in paragraph (1) of Schedule (1.5) of Item 6110-196-0001
of Section 2.00 of the Budget Act of 2005 (Ch. 38, Stats. 2005), in
paragraph (1) of Schedule (1.5) of Item 6110-196-0001 of Section 2.00
of the Budget Act of 2006 and are described in subdivision (g) of
Provision 5 of that item, and if funding is provided, in
corresponding sections of the 2007 and 2008 Budget Acts.
(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 Secretary for Education and
the Department of Finance. Any county plan developed pursuant to
these guidelines shall be approved by the department prior to the
allocation of funds to the local child care and development planning
council.
(e) (1) 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.
(2) A county receiving funds for the purposes of this section that
also participates in a Comprehensive Approach to Raising Educational
Standards (CARES) program shall, to the maximum extent feasible,
align these programs and related educational requirements.
(3) A county receiving funds for the purposes of this section
shall grant priority to allocating funds at sites operated by
publicly funded providers that are located in the attendance area of
elementary schools that have been ranked in decile 1, 2, or 3 of the
Academic Performance Index or that employ child care workers enrolled
in for-credit college or university classes related to early
childhood development.
(f) The Superintendent of Public Instruction shall provide an
annual report, no later than April 10 of each year, to the
Legislature, the Secretary for Education, the Department of Finance,
and the Governor that includes, but is not necessarily limited to, a
summary of the distribution of the funds by county and a description
of the use of the funds.
SEC. 3. Section 8279.8 is added to the
Education Code, to read:
8279.8. The department shall annually provide to the Student Aid
Commission a list of state and state-subsidized preschool programs
that are located in the attendance areas of public elementary schools
that have been ranked in decile 1, 2, or 3 of the Academic
Performance Index pursuant to Section 52052.
SEC. 4. Article 5.4 (commencing with Section
69617) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of
the Education Code, to read:
Article 5.4. Prekindergarten Assumption Program of Loans for
Education (P-APLE)
69617. (a) There is hereby established the Prekindergarten
Assumption Program of Loans for Education (P-APLE), to be
administered by the Student Aid Commission.
(b) (1) Any person enrolled in an eligible institution, or any
person who agrees to participate in a preschool teacher trainee or
preschool teacher internship program, may be eligible to enter into
an agreement for loan assumption, to be redeemed pursuant to Section
69617.2 upon becoming employed as a teacher. In order to be eligible
to enter into an agreement for loan assumption, an applicant shall
satisfy all of the conditions specified in subdivision (c).
(2) As used in this article, "eligible institution" means a
postsecondary institution that is determined by the Student Aid
Commission to meet both of the following requirements:
(A) The institution is eligible to participate in state and
federal financial aid programs.
(B) The institution maintains an accredited baccalaureate degree
program.
(c) (1) The applicant has completed at least 60 semester units, or
the equivalent, and is enrolled in an academic program leading to a
baccalaureate degree at an eligible institution.
(2) The applicant is currently enrolled, or has been admitted to a
program in which he or she will be enrolled on at least a half-time
basis, as determined by the participating institution. The applicant
shall agree to maintain satisfactory academic progress and a minimum
of half-time enrollment, as defined by the participating eligible
institution.
(3) The applicant has been judged by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any loan program approved by the Student Aid Commission.
(5) The applicant has agreed to teach full time for at least four
consecutive academic years at a publicly funded preschool that is
located within the attendance area of a public elementary school that
has been ranked in decile 1, 2, or 3 of the Academic Performance
Index pursuant to Section 52052.
(d) No applicant who has completed fewer than 60 units, or the
equivalent, shall be eligible under this section to participate in
the loan assumption program set forth in this article.
(e) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
69617.1. The commission shall commence loan assumption payments,
as specified in Section 69617.2, upon verification that the applicant
has fulfilled both of the following:
(a) The applicant has obtained a bachelor of arts or bachelor of
science degree.
(b) The applicant is working at a public preschool that is located
within the attendance area of a public elementary school that has
been ranked in decile 1, 2, or 3 of the Academic Performance Index
pursuant to Section 52052.
69617.2. (a) The terms of a loan assumption granted under this
article shall be as follows:
(1) After a program participant has completed one school year of
instruction pursuant to Section 69617.1, the commission shall assume
up to two thousand seven hundred fifty dollars ($2,750) of the
participant's outstanding loan liability under one or more of the
designated loan programs.
(2) After a program participant has completed two consecutive
school years of instruction pursuant to Section 69617.1, the
commission shall assume up to an additional two thousand seven
hundred fifty dollars ($2,750) of the participant's outstanding loan
liability under one or more of the designated loan programs, for a
total loan assumption of up to five thousand five hundred dollars
($5,500).
(3) After a program participant has completed three consecutive
school years of instruction pursuant to Section 69617.1, the
commission shall assume up to an additional two thousand seven
hundred fifty dollars ($2,750) of the participant's outstanding loan
liability under one or more of the designated loan programs, for a
total loan assumption of up to eight thousand two hundred fifty
dollars ($8,250).
(4) After a program participant has completed four consecutive
school years of instruction pursuant to Section 69617.1, the
commission shall assume up to an additional two thousand seven
hundred fifty dollars ($2,750) of the participant's outstanding loan
liability under one or more of the designated loan programs, for a
total loan assumption of up to eleven thousand dollars ($11,000).
(b) For purposes of this section, "school year" means at least 175
school days or its equivalent.
69617.3. (a) Except as provided in subdivision (b), if a program
participant fails to complete a minimum of four consecutive school
years of preschool instruction as required by this article, under the
terms of the agreement pursuant to paragraph (5) of subdivision (c)
of Section 69617, the participant shall assume full liability for all
student loan obligations remaining after the commission's assumption
of loan liability for the last year of qualifying teaching service
pursuant to Section 69617.
(b) Notwithstanding subdivision (a), if a program participant
becomes unable to complete one of the four consecutive years of
teaching service due to serious illness, pregnancy, or other natural
causes, the participant shall receive a deferral of the resumption of
full liability for the loan for a period not to exceed one calendar
year.
69617.4. (a) The commission shall distribute program information
and student applications to participate in the loan assumption
program to each eligible institution. Each eligible institution shall
receive at least one application. In addition, the commission shall
reexamine its outreach and marketing strategies to inform both
potential undergraduates and persons employed outside of academia
about the availability and benefits of the loan assumption program.
To this end, the commission shall enlist the advice and support of
the California Center for the Teaching Profession, the University of
California, the California State University, the Association of
Independent California Colleges and Universities, and private
employers and their associations throughout the state.
(b) Each eligible institution, school district, and county office
of education shall sign an institutional agreement with the
commission, certifying its intent to administer the loan assumption
program according to all applicable published rules, regulations, and
guidelines, and to make special efforts to notify students regarding
the availability of the program, particularly economically
disadvantaged students.
69617.5. (a) The commission shall administer this article, and
shall adopt rules and regulations for that purpose. The rules and
regulations shall include, but need not be limited to, provisions
regarding the period of time during which an agreement shall remain
valid, the reallocation of resources in light of agreements that are
not utilized by program participants, the failure, for any reason, of
a program participant to complete a minimum of four consecutive
years of preschool instruction, and the development of projections
for funding purposes.
(b) The commission shall solicit the advice of representatives
from postsecondary educational institutions, the State Department of
Education, the State Department of Social Services, school districts,
and county offices of education regarding proposed rules and
regulations.
69617.6. The commission shall report annually to the Legislature
regarding all of the following, on the basis of sex, age, and
ethnicity:
(a) The total number of program participants.
(b) The number of participants who receive a loan assumption
benefit, classified by payment year.
69617.7. (a) Beginning in the 2008-09 school year, and each
school year thereafter, the commission shall enter into agreements
for the assumption of up to 300 student loans for program
participants eligible under this article.
(b) The issuance of warrants under this article in any fiscal year
shall be subject to the provision of funding therefor in the annual
Budget Act.
SEC. 5. Section 69622 of the Education Code is
amended to read:
69622. (a) Participants shall be enrolled in an approved course
of study leading to the teacher, site supervisor, or program director
level of the Child Development Permit.
(b) An applicant shall be eligible to participate if he or she
meets one or more of the following criteria:
(1) Is nominated by a postsecondary institution.
(2) Is nominated by his or her employing agency that holds an
approved waiver of staffing qualifications on behalf of the
applicant.
(3) Is working at a child care center that contracts with the
State Department of Education under Chapter 19 (commencing with
Section 17906) of Division 1 of Title 5 of the California Code of
Regulations.
(4) Is working for a publicly funded provider that is located in
the attendance area of a public elementary school that has been
ranked in decile 1, 2, or 3 of the Academic Performance Index
pursuant to Section 52052.
(c) (1) From the list of applicants who are eligible under
subdivisions (a) and (b), the Student Aid Commission, or an agency
designated by the commission, shall select participants on the basis
of their demonstrated financial need and academic achievement, which
may include, but not necessarily be limited to, high school
grade-point average, college grade-point average, or academic test
scores.
(2) Notwithstanding paragraph (1), the Student Aid Commission, or
an agency designated by the commission, in selecting participants
from the list of applicants who are eligible under subdivisions (a)
and (b), shall give priority to qualified individuals who are working
under the State Preschool Program at licensed children's centers.
(d) Participants shall maintain no less than half-time enrollment
and satisfactory academic progress as defined by the postsecondary
educational institution.
(e) Recipients of a grant may renew their participation by
maintaining satisfactory academic progress, financial need, and
intent to pursue the approved course of study leading to the teacher,
site supervisor, or program director level as provided in
subdivision (a). The maximum amount any one recipient may receive
through the grant program is six thousand dollars ($6,000).
SEC. 6. SECTION 1. Section 69624 of
the Education Code is amended to read:
69624. (a) It is the intent of the Legislature that ,
subject to the availability of federal funds from the Child Care and
Development Block Grant Act of 1990 (P.L. 97-35), up to 400 new
grants be awarded each year , or that the maximum number of
grants be based on the amount of federal funds available from the
Child Development Block Grant Act of 1990 (P.L. 97-35).
.
(b) (1) Grants shall be awarded in the amount of three thousand
dollars ($3,000) for each academic year if the participant is
enrolled at least one-half time in a four-year institution.
(2) Grants shall be awarded in the amount of two thousand dollars
($2,000) for each academic year if the participant is enrolled at
least one-half time in a two-year institution.