BILL NUMBER: AB 2104 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gordon
FEBRUARY 23, 2012
An act to amend Sections 8235, 8238, 8238.4, and 8239 of, and to
repeal Sections 8238.1, 8238.2, 8238.3, 8238.5, and 8238.6 of, the
Education Code, relating to child care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2104, as introduced, Gordon. Child care: state preschool
programs.
(1) Existing law requires the Superintendent of Public Instruction
to administer state preschool programs, including, but not limited
to, part-day and full-day age and developmentally appropriate
programs for 3- and 4-year-old children.
This bill would instead provide that the state preschool programs
shall include, but not be limited to, part-day and full-day age and
developmentally appropriate programs designed to facilitate the
transition to kindergarten for 3- and 4-year-old children.
(2) Existing law requires child development and preschool
programs, as a condition of receipt of specified funds appropriated
in the Budget Act of 2006, to include, but not be limited to, age and
developmentally appropriate activities for children that are
designed to facilitate their transition to kindergarten, and
opportunities for parents and legal guardians to work with their
children on interactive literacy activities, as defined.
This bill would instead require a participating California state
preschool program, as a condition of receipt of specified funds
appropriated in the Budget Act of 2013, to coordinate the provision
of (A) opportunities for parents and legal guardians to work with
their children on interactive literacy activities, as defined, (B)
specified parenting education, (C) referrals, as necessary, to
providers of instruction in adult education and English as a second
language in order to improve the academic skills of parents of
children in participating classrooms, and (D) specified staff
development.
(3) Existing law requires child development and preschool
programs, as a condition of receipt of specified funds appropriated
in the Budget Act of 2006, to coordinate the provision of specified
parenting education, and referrals, as necessary, to providers of
instruction in adult education and English as a second language in
order to improve the academic skills of parents of children in
participating classrooms.
This bill would repeal that provision, as its provisions are
recodified.
(4) Existing law authorizes a local educational agency or a
participating program on behalf of one or more participating programs
to select a family literacy and education coordinator whose duties
may include specified activities.
This bill would repeal that provision.
(5) Existing law requires child development and preschool
programs, as a condition of receipt of specified funds appropriated
in the Budget Act of 2006, to provide specified staff development for
teachers in participating classrooms.
This bill would repeal that provision, as its provisions are
recodified.
(6) Existing law establishes a schedule for the expenditure, by
the Superintendent, of prescribed funds appropriated pursuant to the
Budget Act of 2006 for child development and preschool programs.
This bill would instead establish a priority schedule for the
distribution, by the Superintendent, of prescribed funds appropriated
pursuant to the Budget Act of 2013 for qualifying California state
preschool classrooms at a rate of $2,500 per class. The bill would,
among other things, assign first priority to California state
preschool programs located in the attendance area of elementary
schools in deciles 1 to 3, inclusive, based on the 2005 base Academic
Performance Index, that received funding for classrooms established
on or before June 30, 2013.
(7) Existing law requires, subject to the availability of
specified funds, the Superintendent to conduct a specified evaluation
of the effectiveness of prekindergarten and family literacy programs
established pursuant to specified provisions of law.
This bill would repeal that provision.
(8) Existing law authorizes the use of up to $5,000,000 of
specified funds appropriated in the Budget Act of 2005 by the
Superintendent to provide direct child care services for children in
participating classrooms to meet the child care needs of parents for
the portion of each day that is not covered by services provided as
part of a specified preschool program.
This bill would repeal that provision.
(9) Existing law requires the Superintendent to 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. Existing
law provides specified requirements in order to facilitate a full day
of services and requires a child who is enrolled in a preschool
program to meet specified eligibility requirements in order to be
eligible for part-day child care.
This bill would delete the latter provisions. The bill would also
require that a child be deemed eligible for part-day care as long as
the child is enrolled in a preschool program.
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 of the Education Code is amended to read:
8235. (a) The Superintendent shall administer all California
state preschool programs. Those programs shall include, but not be
limited to, part-day and full-day age and developmentally appropriate
programs designed to facilitate the transition to kindergarten
for three- and four-year old
four-year-old children in educational development, health
services, social services, nutritional services, parent education and
parent participation, evaluation, and staff development. Preschool
programs 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 utilize federal
funds made available through Title XX of the Social Security Act (42
U.S.C. Sec. 1397).
(b) Three- and four-year-old children are eligible for the
part-day California state preschool program if the family meets at
least one of the criteria specified in paragraph (1) of subdivision
(a) of Section 8263.
(c) Notwithstanding any other provision of law,
a part-day California state preschool program 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) 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) Three- and four-year-old children are eligible for full-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, and the parents meet at least one of the
criteria specified in paragraph (2) of subdivision (a) of Section
8263.
(f) A full-day California state preschool program shall operate
(1) full time determined by the number of hours necessary to meet the
child care and development needs of families, and (2) a minimum of
246 days per year, unless the contract specifies a lower number of
days of operation.
(g) Fees shall be assessed and collected for families with
children in the full-day California state preschool program pursuant
to subdivisions (g) and (h) of Section 8263. Fees shall not be
assessed for families whose children are enrolled in the part-day
California state preschool program.
(h) 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.
SEC. 2. Section 8238 of the Education Code is amended to read:
8238. As a condition of receipt of funds pursuant to Section
8238.4, a participating California state preschool program
shall include, but not be limited to, both of
coordinate the provision of all of the following:
(a) Age and developmentally appropriate activities for children in
participating classrooms that are designed to facilitate their
transition to kindergarten.
(b)
(a) Opportunities for parents and legal guardians to
work with their children on interactive literacy activities. For
purposes of this subdivision, "interactive literacy activities" means
activities in which parents or legal guardians actively participate
in facilitating the acquisition by their children of prereading
skills through guided activities such as shared reading, learning the
alphabet, and basic vocabulary development.
(b) Parenting education for parents and legal guardians of
children in participating classrooms to support the development by
their children of literacy skills. Parenting education shall include,
but not be limited to, instruction in all of the following:
(1) Providing support for the educational growth and success of
their children.
(2) Improving parent-school communications and parental
understanding of school structures and expectations.
(3) Becoming active partners with teachers in the education of
their children.
(c) Referrals, as necessary, to providers of instruction in adult
education and English as a second language in order to improve the
academic skills of parents and legal guardians of children in
participating classrooms.
(d) Staff development for teachers in participating classrooms
that includes, but is not limited to, all of the following:
(1) Development of a pedagogical knowledge, including, but not
limited to, improved instructional strategies.
(2) Knowledge and application of developmentally appropriate
assessments of the prereading skills of children in participating
classrooms.
(3) Information on working with families, including the use of
onsite coaching, for guided practice in interactive literacy
activities.
SEC. 3. Section 8238.1 of the Education Code is repealed.
8238.1. As a condition of receipt of funds pursuant to Section
8238.4, a participating program shall coordinate the provision of all
of the following:
(a) Parenting education for parents and legal guardians of
children in participating classrooms to support the development by
their children of literacy skills. Parenting education shall include,
but not be limited to, instruction in all of the following:
(1) Providing support for the educational growth and success of
their children.
(2) Improving the parent-school communications and parental
understanding of school structures and expectations.
(3) Becoming active partners with teachers in the education of
their children.
(b) Referrals, as necessary, to providers of instruction in adult
education and English as a second language in order to improve the
academic skills of parents and legal guardians of children in
participating classrooms.
SEC. 4. Section 8238.2 of the Education Code is repealed.
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. 5. Section 8238.3 of the Education Code is repealed.
8238.3. As a condition of receipt of funds pursuant to Section
8238.4, a participating program shall provide staff development for
teachers in participating classrooms that includes, but is not
limited to, all of the following:
(a) Development of a pedagogical knowledge including, but not
limited to, improved instructional strategies.
(b) Knowledge and application of developmentally appropriate
assessments of the prereading skills of children in participating
classrooms.
(c) Information on working with families, including the use of on
site coaching, for guided practice in interactive literacy
activities.
SEC. 6. 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
2013 (Ch.____, Stats. 2013) for California state preschool
programs, five million dollars ($5,000,000) shall be distributed to
qualifying California state preschool classrooms at a rate of two
thousand five hundred dollars ($2,500) per class. Funds received
pursuant to this section shall be distributed 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
(a) First priority shall be assigned to
California state preschool programs that are 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 and received funding for classrooms established on or
before June 30, 2013 . 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
(b) Funds not obligated pursuant to
subdivision (a) on or before July 1, 2013, shall be distributed,
through a lottery process, to California state preschool programs
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.
(c) If the funds described in
paragraph (1) are offered under a new competitive bidding
process after January 1, 2008, this section are
offered under a lottery process after July 1, 2013, 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 and assign second priority to
California state preschool programs 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 .
(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 in the annual report specified in Section 8236.1 and
in the same format used for the annual report, the number of children
who are being served by the California state preschool program. 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.
(3) Eligibility to receive funding pursuant to this subdivision is
restricted to participating programs that were eligible to receive
funding pursuant to this section in the 2007-08 fiscal year.
(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.
(d) Notwithstanding the provisions of this section to the
contrary, programs receiving funding pursuant to this section may
participate in all California state preschool programs administered
by the Superintendent pursuant to Section 8235.
SEC. 7. Section 8238.5 of the Education Code is repealed.
8238.5. Subject to the availability of funds for purposes of this
section, as described in subdivision (c) of 8238.4, the
Superintendent shall conduct an evaluation of the effectiveness of
prekindergarten and family literacy programs established pursuant to
this article. To the extent feasible, the evaluation shall do both of
the following:
(a) Rely on quantifiable measures of academic achievement of
participating children, including, but not limited to, performance on
the Standardized Testing and Reporting Program test and the English
language development test administered in grade 3.
(b) Estimate the costs and benefits of the programs.
SEC. 8. Section 8238.6 of the Education Code is repealed.
8238.6. Notwithstanding any other provision of law, up to five
million dollars ($5,000,000) of unearned contract funds appropriated
in Schedule (1.5)(a) of Item 6110-196-0001 of Section 2.00 of the
Budget Act of 2005 (Ch. 38, Stats. 2005) for general child care
programs is available for expenditure by the Superintendent to
provide direct child care services for children in participating
classrooms to meet the child care needs of parents for the portion of
each day that is not covered by services provided as part of a
preschool program pursuant Section 8238.4.
SEC. 9. 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:
Subsequent to enrollment, a child shall be deemed eligible for
part-day care as long as the child is enrolled in a preschool
program.
(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.