BILL NUMBER: AB 1080 CHAPTERED
BILL TEXT
CHAPTER 278
FILED WITH SECRETARY OF STATE OCTOBER 5, 2007
APPROVED BY GOVERNOR OCTOBER 5, 2007
PASSED THE SENATE SEPTEMBER 7, 2007
PASSED THE ASSEMBLY JUNE 6, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
INTRODUCED BY Assembly Member Mullin
FEBRUARY 23, 2007
An act to amend Sections 8238.2, 8238.4, and 8239 of the Education
Code, relating to state preschool programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1080, Mullin. State preschool programs: funding.
The Child Care and Development Services Act requires the
Superintendent of Public Instruction to administer state preschool
programs that include part-day and preschool appropriate programs for
prekindergarten children 3 to 5 years of age, inclusive. The act
provides that $50,000,000 from a specified item in the Budget Act of
2006 for child development and preschool programs is available for
expenditure by the Superintendent according to a specified schedule.
The act specifies that $45,000,000 of that amount is to reimburse
participating programs located in the attendance area of elementary
schools in deciles 1 to 3, inclusive, based on the 2005 base Academic
Performance Index on a per-child basis at the same rate that is used
for the state preschool program.
This bill would require the State Department of Education, if
funds from the $45,000,000 amount are offered under a new competitive
bidding process after January 1, 2008, due to the termination,
suspension, or relinquishment of an original contract award and in
order to maintain an existing class, to assign first priority to
successful applicants that will maintain that class within the
attendance area of the elementary school pursuant to the program's
original grant. The bill would also make other technical, clarifying,
and conforming changes to existing statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8238.2 of the Education Code is amended to
read:
8238.2. A local educational agency or a participating program on
behalf of one or more participating programs may select a family
literacy and education coordinator whose duties may include all of
the following:
(a) Developing a system to coordinate the provision of literacy
services to families at the local educational agency and community
level.
(b) Creating an organizational partnership between each program
provider and an adult education program operated by a local
educational agency or other community provider, as needed.
(c) Promoting parental involvement in participating classrooms.
SEC. 2. Section 8238.4 of the Education Code is amended to read:
8238.4. Of funds appropriated in Schedule (1) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 48,
Stats. 2006) for child development and preschool programs, fifty
million dollars ($50,000,000) is available for expenditure by the
Superintendent as follows:
(a) (1) Forty-five million dollars ($45,000,000) to reimburse
participating programs on a per-child basis at the same rate that is
used for the state preschool program, as determined in the annual
Budget Act or other statute.
(2) The funds described in paragraph (1) shall be assigned to
programs located in the attendance area of elementary schools in
deciles 1 to 3, inclusive, based on the 2005 base Academic
Performance Index pursuant to Section 52056. Within elementary
schools in deciles 1 to 3, inclusive, based on the 2005 base Academic
Performance Index, preference shall be provided to underserved areas
as described in subdivision (d) of Section 8279.3. If the funds
described in paragraph (1) are offered under a new competitive
bidding process after January 1, 2008, due to the termination,
suspension, or relinquishment of an original contract award and in
order to maintain an existing class, the department shall assign
first priority to successful applicants that will maintain that class
within the attendance area of the elementary school as originally
granted.
(3) Notwithstanding any other provision of law, programs receiving
funding in this section shall serve children who would attend
kindergarten in the subsequent academic year. No child shall receive
services from a program under this section for more than one year.
(4) Notwithstanding any other provision of law, a program
receiving funding pursuant to this section may provide services to
children in families above the income eligibility threshold, as
described in Sections 8263 and 8263.1, if the number of contracted
slots exceed the number of eligible children. No more than 20 percent
of contracted slots, calculated throughout the participating program'
s entire contract, may be filled by children in families above the
income eligibility threshold.
(5) The department shall report to the Department of Finance and
the Legislature at budget hearings the number of children who are
being served with the funds described in paragraph (1). The report
shall also include the number of children served above the income
eligibility threshold and the age of all children served.
(b) (1) Five million dollars ($5,000,000) to be distributed to
each participating class at a rate of two thousand five hundred
dollars ($2,500) per class per school year. Funds received pursuant
to this subdivision may be used for all of the following purposes:
(A) Compensation and support costs for program coordinators as
described in Section 8238.2.
(B) Staff development pursuant to Section 8238.3.
(C) Family literacy services.
(D) Instructional materials, including consumables.
(2) In the event that the total amount described in paragraph (1)
is insufficient to fund all of the participating class at the per
classroom rate described in that paragraph, the class rate shall be
prorated accordingly.
(c) The appropriation of funds for purposes of this section beyond
the amounts described in this section shall be pursuant to the
annual Budget Act or other statute.
SEC. 3. 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 part-day general child
care and development programs. In order to facilitate a full-day of
services, all of the following shall apply:
(a) Part-day preschool programs provided pursuant to this section
shall operate between 175 and 180 days.
(b) Part-day general child care and development programs provided
pursuant to this section may 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
may operate a full-day for the remainder of the year after the
completion of the preschool program.
(c) Full day services provided under this section shall be
reimbursed at no more than the standard reimbursement rate with
adjustment factors.
(d) Notwithstanding any provision of law, to be eligible for
part-day child care, a child who is enrolled in a preschool program
shall be required to meet the eligibility requirements specified in
paragraph (4) of subdivision (a) of Section 8238.4 and the
requirements pursuant to Sections 8263 and 8263.1 at the time of
enrollment in a preschool. Subsequent to enrollment, a child shall be
deemed eligible for part-day care as long as the child is enrolled
in a preschool program.