BILL NUMBER: AB 1683	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        JANUARY 26, 2010

   An act to amend Sections 8236, 12000, and 12001 of, and to add
Section 8235.5 to, the Education Code, relating to education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1683, as introduced, Torres. Education: finance.
   Existing law requires applicants or contracting agencies that
operate a state preschool program to give first priority for
participation to neglected or abused children who are recipients of
child protective services, or recipients who are at risk of being
neglected or abused, as specified.
   This bill would state findings and declarations of the Legislature
regarding children of youth who are in custody, on probation, or are
in the foster care system. The bill would require priority for
participation in state preschool programs also to be given to
children who have a biological custodial parent who is, or who has
been within the previous 6 months, a dependent or ward of the
juvenile court pursuant to specified provisions of law. The bill
would prohibit priority enrollment from being used to displace
children who are currently receiving care.
   Existing law requires the State Board of Education to direct the
allocation and apportionment of federal funds to local educational
agencies.
   This bill instead would require the state board to direct the
allocation and apportionment of federal funds to school districts,
and would include county offices of education and other agencies, as
specified, within the definition of school districts for purposes of
these provisions. The bill would also make conforming 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.  Section 8235.5 is added to the Education Code, to read:

   8235.5.  (a) The Legislature finds and declares that children of
youth who are in custody, on probation, or are in the foster care
system are at high risk of developmental delays and other cognitive,
social, and emotional difficulties.
   (b) The Legislature further finds and declares that there is
sufficient evidence to suggest that stressful prenatal experiences
and even the physical and mental condition of parents prior to
conception impact brain development and future well-being.
   (c) The Legislature further finds and declares that by extending
eligibility for other programs and services to those most in need,
specifically, the dependents of youth who are under court
supervision, the public would enjoy future savings in education,
health care, mental health, social services, and criminal justice.
  SEC. 2.  Section 8236 of the Education Code is amended to read:
   8236.  (a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 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  
agency, or children who have a biological custodial parent who is, or
who has been within the previous six months, a dependent or ward of
the juvenile court, pursuant to Section 300, 601, or   602
of the Welfare and Institutions Code  . If an agency is unable
to enroll a child in this first priority category, the agency shall
refer the child's parent or guardian to local resource and referral
services so that services for the child can be located.  Priority
enrollment shall be granted when slots become available, but shall
not be used to displace children who are currently receiving care.

   (2) 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 prior to 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 preschool programs 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
Secretary for Education and 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 that is
appropriated by the Legislature for that purpose in any fiscal year:
   (1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
   (2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
 headquarters   headquarters'  preferences
and eligibility criteria relating to fiscal or programmatic
noncompliance established pursuant to Section 8261, shall give
priority to applicant agencies that, in expending the expansion
funds, will be serving the highest percentage of four-year-old
children.
   (d)  Nothing in this section shall be deemed to 
 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)  Nothing in this section shall   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. 3.  Section 12000 of the Education Code is amended to read:
   12000.   Whenever   (a)    
If,  by any act of Congress  ,  funds are provided as
federal aid to education to the several states and the disposition of
the funds is not otherwise provided for by or under the act of
Congress or by or under any law of this state, the apportionment and
distribution  thereof   of those funds  to
school districts shall, insofar as consistent with the requirements
prescribed by the federal law and implementing rules and regulations,
be governed by the standards set forth in this article. 
   When any such 
    (b)     If a  federal law designates a
state  education   educational  agency or
other agency or officer primarily responsible for state supervision
of public schools,  such   that 
designation shall be deemed to refer to the State Board of Education.
The State Board of Education shall make timely application for any
federal funds made available, and shall, pursuant to the federal law
and  the provisions of  this article, direct the
allocation and apportionment of the federal funds to  local
education agencies   school districts  . 
   (c) As used in this article, "school districts" include school
districts, county offices of education, and other agencies deemed
eligible pursuant to state and federal law. 
  SEC. 4.  Section 12001 of the Education Code is amended to read:
   12001.  The State Board of Education shall adopt rules and
regulations for the allocation of federal funds to  local
 school districts  and other agencies 
entitled to receive federal funds for the support of schools. In
determining the rules and regulations by which  such
  those  allocations are to be made, the State
Board of Education shall consider all factors of local effort and all
educational programs maintained by  such agencies. Such
  those school districts. The  rules and
regulations  adopted pursuant to this section  shall be
based upon need  ,  and the  agencies' 
State Board of Education shall carefully scrutinize the 
abilities and efforts  shall be carefully scrutinized
  of the affected school districts  .