BILL NUMBER: AB 1944	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 19, 2014

   An act to amend Section 8263.4 of the Education Code, relating to
child care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1944, as introduced, Garcia. Child care: administration:
preferred placement of children of 11 or 12 years of age.
   Existing law requires children who are 11 or 12 years of age, who
are receiving subsidized child care services, and for whom a before
or after school program is not available, to continue to receive
subsidized child care services. Existing law establishes when a
before or after school program shall be considered "not available" as
when the parent certifies in writing, on a form provided by the
State Department of Education, the reasons why the program would not
meet the child care needs of the family.
   This bill would delete the provision relating to the certification
by a parent of an unavailable before or after school program.
   Existing law requires specified savings to be annually reported to
the department by a contractor providing child care services and
requires the department to annually report the amount of statewide
savings to the Legislature.
   This bill would delete this reporting provision.
   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 8263.4 of the Education Code is amended to
read:
   8263.4.  (a) The preferred placement for children who are 11 or 12
years of age and who are otherwise eligible for subsidized child
care and development services shall be in a before or after school
program.
   (b) Children who are 11 or 12 years of age shall be eligible for
subsidized child care services only for the portion of care needed
that is not available in a before or after school program provided
pursuant to Article 22.5 (commencing with Section 8482) or Article
22.6 (commencing with Section 8484.7). Contractors shall provide each
family of an eligible 11 or 12 year old with the option of combining
care provided in a before or after school program with subsidized
child care in another setting, for those hours within a day when the
before or after school program does not operate, in order to meet the
child care needs of the family.
   (c) Children who are 11 or 12 years of age, who are eligible for
and who are receiving subsidized child care services, and for whom a
before or after school program is not available, shall continue to
receive subsidized child care services. 
   (d) A before or after school program shall be considered not
available when a parent certifies in writing, on a form provided by
the department that is translated into the parent's primary language
pursuant to Sections 7295.4 and 7296.2 of the Government Code, the
reason or reasons why the program would not meet the child care needs
of the family. The reasons why a before or after school program
shall be considered not available shall include, but not be limited
to, any of the following: 
   (1) The program does not provide services when needed during the
year, such as during the summer, school breaks, or intersession.
 
   (2) The program does not provide services when needed during the
day, such as in the early morning, evening, or weekend hours.
 
   (3) The program is too geographically distant from the child's
school of attendance.  
   (4) The program is too geographically distant from the parents'
residence.  
   (5) Use of the program would create substantial transportation
obstacles for the family.  
   (6) Any other reason that makes the use of before or after school
care inappropriate for the child or burdensome on the family.
 
   (e) 
    (d)  If an 11 or 12 year old child who is enrolled in a
subsidized child development program becomes ineligible for
subsidized child care under subdivision (b) and is disenrolled from
the before or after school program, or if the before or after school
program no longer meets the child care needs of the family, the child
shall be given priority to return to the subsidized child care
services upon the parent's notification of the contractor of the need
for child care. 
   (f) 
    (e)  This section does not apply to an 11 or 12 year old
child with a disability, including a child with exceptional needs
who has an individualized education program as required by the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973
(29 U.S.C. Sec. 794), or Part 30 (commencing with Section 56000) of
Division 4 of Title 2. 
   (g) 
    (f)  The savings generated each contract year by the
implementation of the changes made to this section by the act
amending this section during the 2005-06 Regular Session shall remain
with each alternative payment program, child development center, or
other contractor for the provision of child care services, except for
care provided by programs pursuant to Article 15.5 (commencing with
Section 8350).  Each contractor shall report annually to the
department the amount of savings resulting from this implementation,
and the department shall report annually to the Legislature the
amount of savings statewide resulting from that implementation.