BILL NUMBER: AB 2104 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 25, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
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 amended, 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 $50,000,000 of prescribed
funds appropriated pursuant to the Budget Act of 2006 for child
development and preschool programs. Existing law requires
$45,000,000 of these funds to be used to reimburse participating
programs on a per-child basis at a specified rate, and requires these
funds to 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, with preferences provided to
specified underserved areas. Existing law requires the remaining
$5,000,000 of these funds to be distributed to each participating
class at a rate of $2,500 per class per fiscal year and authorizes
these funds to be used for specified purposes.
This bill would instead establish a schedule for the
expenditure, by the Superintendent, of $50,000,000 of prescribed
funds appropriated pursuant to the Budget Act of 2013. The bill would
require $45,000,000 of these funds to be used to reimburse
participating programs on a per-child basis at a specified rate, with
first priority assigned 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. The
bill would delete the preference for specified underserved areas. The
bill would require the remaining $5,000,000 to be distributed to
require a family literacy supplemental grant to be
made available and distributed to qualifying California state
preschool classes classrooms, as determined
by the Superintendent, at a rate of $2,500 per class
per fiscal year to coordinate the provision of specified services
. The bill would, among other things, assign first priority
to California state preschool programs that received
specified funding for classrooms established on or before June 30,
2013 contract to receive this funding before July 1,
2013. The bill would require family literacy supplemental grants to
be used for specified purposes. The bill would also provide that
implementation of the family literacy supplemental grant program is
contingent upon funding being provided for the program in the annual
Budget Act or other statute .
(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 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 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 as 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
coordinate the provision of all of the following:
(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.
SEC. 4. Section 8238.2 of the Education Code is repealed.
SEC. 5. Section 8238.3 of the Education Code is repealed.
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 2013 (Ch.____,
Stats. 2013) for California state 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 California state preschool program, as determined in the
annual Budget Act or other statute.
(2) Of the funds described in paragraph (1), 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.
(3) If the funds described in paragraph (1) are offered under a
new competitive bidding process after January 1, 2013, due to the
termination, suspension, or relinquishment of an original contract
award, the funds shall be assigned to programs located in the
attendance area of elementary schools in deciles 1 to 3, inclusive,
based on the most recent base Academic Performance Index pursuant to
Section 52056. Priority shall be given to successful applicants that
will maintain that class within the attendance area of the elementary
school as originally granted.
(b) Five million dollars ($5,000,000) to be distributed to
8238.4. (a) A family
literacy supplemental grant shall be made available and distributed
to qualifying California state preschool classes
classrooms, as determined by the Superintendent,
at a rate of two thousand five hundred dollars ($2,500) per class
per fiscal year, to coordinate the provision of services
pursuant to Section 8238. Funds available pursuant to this section
shall be distributed by the Superintendent as follows
. The Superintendent shall distribute the family literacy
supplemental grant funds according to the following priorities
:
(1) First priority shall be assigned to California state preschool
programs that received funding pursuant to subdivision (a)
for classrooms established on or before June 30, 2013
contract to receive this funding before July 1, 2013. These programs
shall receive this funding until their contract is terminated or the
California state preschool program no longer provides family literacy
services .
(2) Funds not obligated pursuant to paragraph (1) on or
before July 1, 2013, shall be distributed, through a lottery process,
Second priority shall be assigned 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. The Superintendent shall use a
lottery process in implementing this paragraph.
(3) Funds described in this section that are made available after
July 1, 2013, due to the termination, suspension, or relinquishment
of an original contract award shall be assigned to applicants or
contracting agencies awarded funding pursuant to paragraph (3) of
subdivision (a).
(b) A family literacy supplemental grant distributed pursuant to
this section shall be used for purposes specified in Section 8238.
(c) Implementation of this section is contingent upon funding
being provided for family literacy supplemental grants for California
state preschool programs in the annual Budget Act or other statute.
SEC. 7. Section 8238.5 of the Education Code is repealed.
SEC. 8. Section 8238.6 of the Education Code is repealed.
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. Subsequent to enrollment, a child
shall be deemed eligible for part-day care as long as the child is
enrolled in a preschool program.