BILL NUMBER: AB 1683 AMENDED
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Member Torres
JANUARY 26, 2010
An act to amend Sections
12000 and 12001 of , and to add Section 8235.5 to,
the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1683, as amended, 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 school districts and other
agencies entitled to receive those funds .
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
define school districts for purposes of these
provisions to include county offices of education and other
agencies deemed eligible pursuant to state and federal law .
The bill would also make conforming technical
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, who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical, or
social service agency, or children who have a biological custodial
parent who is, or who has been within the previous six months, a
dependent or ward of the juvenile court, pursuant to Section 300,
601, or 602 of the Welfare and Institutions Code. If an agency is
unable to enroll a child in this first priority category, the agency
shall refer the child's parent or guardian to local resource and
referral services so that services for the child can be located.
Priority enrollment shall be granted when slots become available, but
shall not be used to displace children who are currently receiving
(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
(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
(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
(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
(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. 3. SECTION 1. Section 12000 of
the Education Code is amended to read:
12000. (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 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.
(b) If a federal law designates a state educational agency or
other agency or officer primarily responsible for state supervision
of public schools, 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 this article, direct the allocation
and apportionment of the federal funds to 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. SEC. 2. 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 school districts
entitled to receive federal funds for the support of schools. In
determining the rules and regulations by which those allocations are
to be made, the State Board of Education shall consider all factors
of local effort and all educational programs maintained by those
school districts. The rules and regulations adopted pursuant to this
section shall be based upon need, and the State Board of Education
shall carefully scrutinize the abilities and efforts of the affected