BILL NUMBER: AB 2104 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2012
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. An act
to amend Section 21113 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2104, as amended, Gordon. Child care: state preschool
programs. Vehicles: conditions or regulations:
vehicles or animals.
Existing law prohibits a person from driving any vehicle or
animal, or stopping, parking, or leaving standing any vehicle or
animal, whether attended or unattended, upon the driveways, paths,
parking facilities, or the grounds of specified public entities,
except with the permission of, and upon and subject to any condition
or regulation that may be imposed by, the governing body of the
specified public entity. Existing law also requires that all the
provisions of the Vehicle Code relating to traffic upon the highways,
except for those conditions imposed or regulations enacted by the
governing board, legislative body, or officer applicable to that
traffic, are applicable to the traffic upon the driveways, paths,
parking facilities, or grounds under the jurisdiction of the
specified state or local agency.
This bill would authorize a governing board, legislative body, or
officer that imposes any condition or regulation upon a person who
drives a vehicle or animal, or stops, parks, or leaves standing any
vehicle or animal, pursuant to these provisions, to enforce that
condition or regulation in the same manner generally provided for the
enforcement of parking regulations. The bill would also provide that
the governing board, legislative body, or officer is considered the
issuing agency for this purpose and is authorized to remove any
animal from its driveways, paths, parking facilities, or grounds, or
any vehicle in the same manner as a city, county, or jurisdiction of
a state agency is authorized pursuant to specified provisions of law.
(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 require a family literacy supplemental
grant to be made available and distributed to qualifying California
state preschool classrooms, as determined by the Superintendent, at a
rate of $2,500 per class. The bill would, among other things, assign
first priority to California state preschool programs that 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
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21113 of the Vehicle
Code is amended to read:
21113. (a) No A person shall
not drive any vehicle or animal, nor shall any person
or stop, park, or leave standing any vehicle or
animal, whether attended or unattended, upon the driveways, paths,
parking facilities, or the grounds of any public school, state
university, state college, unit of the state park system, county
park, municipal airport, rapid transit district, transit development
board, transit district, joint powers agency operating or managing a
commuter rail system, or any property under the direct control of the
legislative body of a municipality, or any state, county, or
hospital district institution or building, or any educational
institution exempted, in whole or in part, from taxation, or any
harbor improvement district or harbor district formed pursuant to
Part 2 (commencing with Section 5800) or Part 3 (commencing with
Section 6000) of Division 8 of the Harbors and Navigation Code, a
district organized pursuant to Part 3 (commencing with Section 27000)
of Division 16 of the Streets and Highways Code, or state grounds
served by the Department of the California Highway Patrol, or any
property under the possession or control of a housing authority
formed pursuant to Article 2 (commencing with Section 34240) of Part
2 of Division 24 of the Health and Safety Code, except with the
permission of, and upon and subject to any condition or regulation
which that may be imposed by the
legislative body of the municipality, or the governing board or
officer of the public school, state university, state college, county
park, municipal airport, rapid transit district, transit development
board, transit district, joint powers agency operating or managing a
commuter rail system, or state, county, or hospital district
institution or building, or educational institution, or harbor
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code, or
housing authority, or the Director of Parks and Recreation regarding
units of the state park system or the state agency with jurisdiction
over the grounds served by the Department of the California Highway
Patrol.
(b) Every A governing board,
legislative body, or officer shall erect or place appropriate signs
giving notice of any special conditions or regulations that are
imposed under this section and every the
governing board, legislative body, or officer shall also
prepare and keep available at the principal administrative office of
the governing board, legislative body, or officer, for
examination by all interested persons, a written statement of all
those special conditions and regulations adopted under
pursuant to this section.
(c) When any a governing board,
legislative body, or officer permits public traffic upon the
driveways, paths, parking facilities, or grounds under their control
then, except for those conditions imposed or regulations enacted by
the governing board, legislative body, or officer applicable to the
traffic, all the provisions of this code relating to traffic upon the
highways shall be applicable to the traffic upon the driveways,
paths, parking facilities, or grounds.
(d) A governing board, legislative body, or officer that imposes
any condition or regulation upon a person who drives a vehicle or
animal, or stops, parks, or leaves standing any vehicle or animal,
pursuant to subdivision (a), is authorized to enforce that condition
or regulation in the manner provided in Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of this code and shall be
(1) considered the issuing agency for that purpose, and (2) is
authorized to remove any animal from its driveways, paths, parking
facilities, or grounds, or any vehicle in the same manner as a city,
county, or jurisdiction of a state agency pursuant to Chapter 10
(commencing with Section 22650) of Division 11 of this code.
(d)
(e) With respect to the permitted use of vehicles or
animals on property under the direct control of the legislative body
of a municipality, no change in the use of vehicles or animals on the
property, which that had been
permitted on January 1, 1976, shall be effective unless and until the
legislative body, at a meeting open to the general public,
determines that the use of vehicles or animals on the property should
be prohibited or regulated.
(e)
(f) A transit development board may adopt ordinances,
rules, or regulations to restrict, or specify the conditions for, the
use of bicycles, motorized bicycles, skateboards, and roller skates
on property under the control of, or any portion of property used by,
the board.
(f)
(g) A public agency, including, but not limited to, the
Regents of the University of California and the Trustees of the
California State University, may adopt rules or regulations to
restrict, or specify the conditions for, the use of bicycles,
motorized bicycles, skateboards, and roller skates on public property
under the jurisdiction of that agency.
(g)
(h) "Housing authority," for the purposes of this
section, means a housing authority located within a county with a
population of over six million people, and any other housing
authority that complies with the requirements of this section.
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. (a) A family literacy supplemental grant shall be made
available and distributed to qualifying California state preschool
classrooms, as determined by the Superintendent, at a rate of two
thousand five hundred dollars ($2,500) per class. 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 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) 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.
(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.