Amended in Senate April 3, 2013

Amended in Senate March 12, 2013

Senate Bill No. 192

Introduced by Senator Liu

February 7, 2013

begin delete An act to amend Section 8385 of, to amend the heading of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of, to amend and renumber Sections 8210, 8212, 8212.3, 8213, 8214, 8215, 8216, 8238, 8238.4, 8264.5, 8265, 8265.1, 8265.5, 8265.7, 8266, 8266.1, 8266.5, 8268, 8271, 8275, 8276.5, 8277, 8277.1, 8277.2, 8277.3, 8277.4, 8277.5, 8277.6, 8277.65, 8277.66, 8277.7, 8277.8, 8278.3, 8279.1, 8279.4, 8279.5, 8279.6, 8279.7, 8320, 8321, 8322, 8324, 8326, 8327, 8329, 8330, 8331, 8335, 8335.1, 8335.2, 8335.3, 8335.4, 8335.5, 8335.6, 8335.7, 8340, 8341, 8341.5, 8342, 8343, 8344, 8345, 8346, 8351, 8352, 8353, 8354, 8355, 8356, 8356.1, 8358.5, 8359, 8359.1, 8362, 8363, 8363.5, 8368, 8369, 8402, 8403, 8404, 8405, 8406, 8406.6, 8406.7, 8406.9, 8407, 8408, 8409, 8441, 8442, 8444, 8445, 8447, 8447.5, 8450, 8493, 8494, 8495, 8495.1, 8496, 8498, 8499.3, 8499.5, and 8499.7 of, to amend and renumber the heading of Article 16.5 (commencing with Section 8385) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to amend, renumber, and repeal Section 8350.5 of, to add Sections 8292 and 8293 to, to add the heading of Article 8 (commencing with Section 8296) to, to add the heading of Article 9 (commencing with Section 8300) to, to add the heading of Article 10 (commencing with Section 8305) to, to add the heading of Article 14 (commencing with Section 8365) to, to add the heading of Article 18 (commencing with Section 8407) to, to add the heading of Article 25 (commencing with Section 8490) to, and to add the heading of Article 26 (commencing with Section 8492) to, Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Article 2 (commencing with Section 8210) to, to add Article 4 (commencing with Section 8240) to, to add Article 4.5 (commencing with Section 8252) to, to add Article 5 (commencing with Section 8260) to, to add Article 6 (commencing with Section 8270) to, to add Article 11 (commencing with Section 8310) to, to add Article 12 (commencing with Section 8325) to, to add Article 13 (commencing with Section 8350) to, to add Article 14.5 (commencing with Section 8370) to, to add Article 14.7 (commencing with Section 8377) to, and to add Article 15 (commencing with Section 8380) to, Chapter 2 of Part 6 of Division 1 of Title 1 of, to repeal Sections 8350 and 8499 of, to repeal the heading of Article 2 (commencing with Section 8210) of, to repeal the heading of Article 6 (commencing with Section 8230) of, to repeal the heading of Article 7 (commencing with Section 8235) of, to repeal the heading of Article 12 (commencing with Section 8275) of, to repeal the heading of Article 15 (commencing with Section 8320) of, to repeal the heading of Article 15.2 (commencing with Section 8335) of, to repeal the heading of Article 15.3 (commencing with Section 8340) of, to repeal the heading of Article 15.5 (commencing with Section 8350) of, to repeal the heading of Article 18 (commencing 8400) of, to repeal the heading of Article 20 (commencing with Section 8440) of, to repeal the heading of Article 21 (commencing with Section 8448) of, to repeal the heading of Article 23 (commencing with Section 8485) of, and to repeal the heading of Article 24 (commencing with Section 8493) of, Chapter 2 of Part 6 of Division 1 of Title 1 of, to repeal the heading of Article 1 (commencing with Section 8499) of, and to repeal the heading of Article 2 (commencing with Section 8499.3) of, Chapter 2.3 of, and to repeal the heading of Chapter 2.3 (commencing with Section 8499) of, Part 6 of Division 1 of Title 1 of, to repeal Article 8 (commencing with Section 8240) of, to repeal Article 8.5 (commencing with Section 8245) of, to repeal Article 9 (commencing with Section 8250) of, to repeal Article 10 (commencing with Section 8255) of, and to repeal Article 14 (commencing with Section 8286) of, Chapter 2 of Part 6 of Division 1 of Title 1 of, to repeal and add Article 1 (commencing with Section 8200) of, and to repeal and add Article 3 (commencing with Section 8220) to, Chapter 2 of Part 6 of Division 1 of Title 1 of, end delete begin insert An act to amend Sections 8200, 8201, 8202, 8203, 8203.5, 8204, 8205, 8208, 8208.1, 8208.5, 8209, 8210, 8211, 8212, 8212.3, 8213, 8214, 8215, 8216, 8220, 8220.1, 8220.5, 8222, 8223, 8225, 8226, 8227, 8230, 8231, 8232, 8233, 8235, 8236, 8236.1, 8238.4, 8239, 8244, 8250, 8250.5, 8251, 8252, 8255, 8257, 8258, 8261, 8261.5, 8262, 8263, 8263.2, 8263.3, 8263.4, 8264, 8264.5, 8264.6, 8264.7, 8265, 8266, 8266.1, 8272, 8275, 8276.7, 8277, 8277.8, 8278.3, 8279.1, 8279.3, 8279.4, 8279.5, 8279.7, 8282, 8320, 8321, 8324, 8327, 8328, 8329, 8335.1, 8335.5, 8341, 8341.5, 8342, 8343, 8344, 8350, 8352, 8353, 8354, 8355, 8356, 8357, 8358, 8358.5, 8359.1, 8360, 8360.2, 8390, 8392, 8394, 8395, 8397, 8400, 8401, 8402, 8406.7, 8447, 8448, 8450, 8493, 8494, 8495, 8495.1, 8498, 8499, 8499.3, and 8499.5 of, to amend the heading of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of, to amend the headings of Article 6 (commencing with Section 8230), Article 7 (commencing with Section 82 end insert begin insert 3 end insert begin insert 5), Article 8 (commencing with Section 8240), Article 9 (commencing with Section 8250), Article 15.2 (commencing with Section 8335), Article 15.3 (commencing with Section 8340), Article 15.5 (commencing with Section 8350), Article 16 (commencing with Section 8360), and Article 17 (commencing with Section 8390) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to amend the heading of Article 2 (commencing with Section 8499.3) of Chapter 2.3 of Part 6 of Division 1 of Title 1 of, to amend, repeal, and add Section 8240 of, to add Sections 8202.1 and 8220.3 to, to add Article 5 (commencing with Section 8228) to Chapter 2 of Part 6 of Division 1 of Title 1 of, and to repeal and add Sections 8264.8 and 8360.1 of, end insert the Education Code, relating to early learning and educational support services.

LEGISLATIVE COUNSEL’S DIGEST

SB 192, as amended, Liu. Early learning and educational support services.

The Child Care and Development Services Act, administered by the Superintendent of Public Instruction, requires the Superintendent to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs.

This bill would reorganize and recast those provisions as the Early Learning and Educational Support Act, and would establish as its purpose providing a comprehensive early learning and begin delete educational end delete begin insert school end insert support system that promotes access to safe, high-quality early learning and educational support programs, as specified. The bill would require the Superintendent to administer the early learning and educational support program through direct classroom or alternative payment services, and would require the Superintendent to develop requirements for the implementation of high-quality early learning and educational support programs based on certain indicia of quality, including, but not limited to, effective educators begin delete that end delete begin insert who end insert foster school readiness and possess the appropriate and required educational qualifications and experience, including any required credentials or permits, as required by the Commission on Teacher Credentialing, and who meet applicable licensing standards. begin delete The bill, when expansion funding is made available for direct classroom service programs, would require priority for funding to be given to certain elementary schools ranked in deciles 1 to 3, inclusive, on the Academic Performance Index. end delete The bill would delete obsolete provisions, make begin insert other related and end insert conforming changes, and make nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The heading of Chapter 2 (commencing with
Section 8200) of Part 6 of Division 1 of Title 1 of the end insert begin insert Education
Code end insert begin insert is amended to read: end insert

 

Chapter  2. begin delete Child Care and Development Services Act end delete
begin insert Early Learning and Educational Support Act end insert

 

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8200 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8200.  

This chapter shall be known and may be cited as the
begin delete Child Care and Development Services end delete begin insert Early Learning and
Educational Support end insert Act.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8201 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8201.  

The purpose of this chapter is as follows:

(a) To provide a comprehensive begin delete , coordinated, and cost-effective
system of child care and development services for children from
infancy to 13 years of age and their parents, including a full range
of supervision, health, and support services through full- and
part-time programs. end delete begin insert early learning and school support system that
promotes access to safe, high-quality early learning and
educational support programs that will promote and support the
development of the whole child, including, but not limited to, the
following: end insert

begin insert

(1) Developmentally appropriate curriculum with differentiated
instruction.

end insert begin insert

(2) Knowledgeable, caring, and well-trained educators, program
staff, and providers.

end insert begin insert

(3) Promotion of healthy practices and activities.

end insert begin insert

(4) An educationally enriched environment that respects and
supports cultural, linguistic, and ability diversity.

end insert

(b) To encourage community-level coordination in support of
begin delete child care and development end delete begin insert early learning and educational support end insert
services.

begin insert

(c) To coordinate services for children, starting at birth, that
support parental choice and maximize the long-term success of
early learners.

end insert begin delete

(c)

end delete

begin insert (d) end insert  To begin delete provide an environment that is healthy and nurturing for
all children in child care and development programs. end delete begin insert promote
positive parenting, parental choice, and involvement through the
understanding of healthy development and the importance of
high-quality early learning opportunities for school readiness. end insert

begin delete

(d) To provide the opportunity for positive parenting to take
place through understanding of human growth and development.

(e) To reduce strain between parent and child in order to prevent
abuse, neglect, or exploitation.

(f) To enhance the cognitive development of children, with
particular emphasis upon those children who require special
assistance, including bilingual capabilities to attain their full
potential.

end delete begin insert

(e) To support the development of the ability to measure
outcomes assessing early learning and educational support
programs.

end insert begin delete

(g)

end delete

begin insert (f) end insert  To establish a framework for the expansion of begin delete child care and
development end delete begin insert early learning and educational support end insert services begin insert for
children starting at birth end insert .

begin delete

(h) To empower and encourage parents and families of children
who require child care services to take responsibility to review the
safety of the child care program or facility and to evaluate the
ability of the program or facility to meet the needs of the child.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 8202 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8202.  

begin delete It end delete begin insert To ensure that all children, starting at birth, in
California have equal access to high-quality early learning and
educational support programs so that they thrive in their early
learning settings and succeed in entering transitional kindergarten
or kindergarten and throughout their school education and adult
life, it end insert is the intent of the Legislature that:

(a) All families have access to begin delete child care and development end delete begin insert safe,
high-quality early learning and educational support end insert services begin delete ,
through resource and referral services, where appropriate, end delete begin insert that
support the development of the whole child, including healthy
physical, cognitive, soci end insert begin insert al, and emotional growth and development
of children end insert regardless of ethnic status, cultural background, or
special needs. begin delete It is further the intent that subsidized child care and
development services be provided to persons meeting the eligibility
criteria established under this chapter to the extent funding is made
available by the Legislature and Congress. end delete

begin delete

(b) The healthy physical, cognitive, social, and emotional growth
and development of children be supported.

(c) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment, while maximizing growth
and development of their children, and enhancing their parenting
skills through participation in child care and development
programs.

end delete begin insert

(b) Subsidized early learning and educational support services
be provided to persons meeting the eligibility criteria established
under this chapter to the extent funding is made available by the
Legislature and Congress.

end insert begin delete

(d)

end delete

begin insert (c) end insert  Community-level coordination begin delete in end delete begin insert between early learning
and educational end insert support begin delete of child care and development services end delete
begin insert programs and other human services organizations end insert be encouraged.

begin delete

(e) Families have a choice of programs that allow for maximum
involvement in planning, implementation, operation, and evaluation
of child care and development programs.

end delete begin insert

(d) Parental choice, parenting education, and information all
be components of a long-term successful early learning and
educational support system.

end insert begin delete

(f)

end delete

begin insert (e) end insert  Parents and families be fully informed of their rights and
responsibilities to begin delete evaluate the quality and safety of child care
programs, including, but not limited to, their right to inspect child
care licensing files end delete begin insert select safe and high-quality early learning and
educational support programs end insert .

begin delete

(g) Planning for expansion of child care and development
programs be based on ongoing local needs assessments.

end delete begin insert

(f) Planning for expansion of direct classroom services be based
on ongoing local needs assessments and targeted to programs
operating classrooms located in the attendance area of elementary
schools ranked in deciles 1 to 3, inclusive, of the Academic
Performance Index pursuant to Section 52056.

end insert begin insert

(g) Families achieve and maintain their personal, social,
economic, and emotional stability through an opportunity to attain
financial stability through employment and work support activities,
while maximizing the growth and development of their children,
and supporting parental participation in the educational
development and success of their children.

end insert begin insert

(h) Early learning and educational support staff be culturally
and linguistically diverse and support school readiness, healthy
development, and improved child outcomes.

end insert begin insert

(i) Sustained support of professional development and
preparation of early learning educators and professionals include,
but not be limited to, the following:

end insert begin insert

(1) Academic support.

end insert begin insert

(2) Higher education articulation.

end insert begin insert

(3) Career advancement.

end insert begin insert

(4) Evidence-based coaching and mentoring.

end insert begin insert

(5) Child-teacher interactions.

end insert begin insert

(6) Child centered, family-educator, and family-professional
interactions.

end insert begin insert

(7) Training on research-based tools and resources aligned to
California preschool learning foundations, frameworks, and
guidelines, and California early childhood educator competencies.

end insert begin insert

(8) Retention of high-quality educators.

end insert begin insert

(9) Adequate compensation and incentives for professional
growth.

end insert begin insert

(10) Strong leadership and management practices.

end insert begin insert

(j) The Superintendent coordinate with the California Children
and Families Commission, county children and families
commissions, and other federal, state, and local agencies to support
improved alignment and access, including, but not limited to:
support services, quality enhancements, and additional training
and resources in early learning and educational support programs
and staff.

end insert begin insert

(k) The department create, administer, and support a
comprehensive early learning and educational support
infrastructure that promotes and fosters school readiness, healthy
development, and improved child outcomes.

end insert begin delete

(h)

end delete

begin insert (l) end insert  The Superintendent begin delete of Public Instruction end delete , in providing
funding to begin delete child care and development end delete begin insert early learning and
educational support end insert agencies, promote a range of services begin delete which end delete
begin insert that end insert will allow parents the opportunity to choose the type of care
most suited to their needs. The program scope may include the
following:

(1) Programs located in centers, family day care homes, or in
begin delete the child’s own home end delete begin insert license-exempt care end insert .

(2) Services provided part-day, full-day, and during nonstandard
hours including weekend care, night and shift care, before and
after school care, and care during holidays and vacation.

(3)  begin delete Child care end delete begin insert Early learning and educational support end insert services
provided for infants begin insert and toddlers end insert , preschool, and schoolage
children.

begin delete

(i)

end delete

begin insert (m) end insert  The Superintendent begin delete of Public Instruction end delete be responsible for
the establishment of a public hearing process or other public input
process that ensures the participation of those agencies directly
affected by a particular section or sections of this chapter.

begin insert

(n) The department consolidate contracts for agencies providing
direct classroom programs into a single contract in order to ease
administration, to reduce reporting and auditing requirements,
and to ensure that special populations continue to receive services
and support.

end insert begin insert

(o) The department administer the alternative payment and
CalWORKs Stage 2 and 3 programs in order to maximize and
support parental choice in educator, professional, or caregiver
selection.

end insert begin insert

(p) The department review existing resources and opportunities
for consumer education in order to expose parents to a variety of
strategies and learning opportunities to support caregiver choices.
These resources should include information on all of the following:

end insert begin insert

(1) The options that are available.

end insert begin insert

(2) The benefits of each option.

end insert begin insert

(3) The educational and socioemotional development of
expectations of children at various ages.

end insert begin insert

(q) The department review a variety of existing requirements
in order to consider alternatives that reduce administrative burden
and cost and streamline program administration.

end insert begin insert

(r) As additional funding becomes available, the department
review options to implement a statewide quality rating and
improvement system to obtain data on the success of California’s
early learning and educational support programs, including
program quality improvements and early educator and child
outcomes.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 8202.1 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8202.1. end insert   

The Legislature recognizes the importance of a
culturally and linguistically diverse early educator workforce in
our early learning and educational support programs to support
school readiness and improved child outcomes. Sustained support
of the professional development and preparation of educators and
professionals in the field of early learning and educational support
services includes, but is not limited to, the following:

(a) Academic support.

(b) Higher education articulation.

(c) A career ladder with periodic updates.

(d) Evidence-based coaching and mentoring.

(e) Child-teacher interaction.

(f) Training on research-based tools and resources aligned to
California preschool learning foundations, frameworks, and
guidelines, and California early childhood educator competencies.

(g) Retention of high-quality educators.

(h) Adequate compensation and incentives for professional
growth.

(i) Efficient program administration.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 8203 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8203.  

The Superintendent begin delete of Public Instruction end delete shall develop
standards for the implementation of begin delete quality end delete begin insert high-quality early
learning and educational support end insert programs. Indicators of quality
shall include, but not be limited to:

(a) A physical environment that is safe and appropriate to the
ages begin insert and developmental needs end insert of the children and that meets
applicable licensing standards.

(b) Program activities and services that are age appropriate and
meet the developmental needs of each child begin insert , and utilize the
California preschool learning foundations, frameworks, and
guidelines, and end insert begin insert California end insert begin insert early childhood educator competencies end insert .

(c) Program activities and services that meet the cultural and
linguistic needs of children and families.

(d) Family and community begin delete involvement end delete begin insert engagement end insert .

(e) Parent education.

(f) Efficient and effective local program administration.

begin delete

(g) Staff that possesses the appropriate and required
qualifications or experience, or both. The appropriate staff
qualifications shall reflect the diverse linguistic and cultural
makeup of the children and families in the child care and
development program. The use of intergenerational staff shall be
encouraged.

end delete begin insert

(g) Educators who:

end insert begin insert

(1) Foster school readiness, healthy development, and improved
child outcomes.

end insert begin insert

(2) Are culturally and linguistically diverse and reflect the
makeup of children and families in the program.

end insert begin insert

(3) Possess the appropriate and required educational
qualifications and experience, including credentials or permits,
as specified by the Commission on Teacher Credentialing and who
meet applicable licensing standards.

end insert begin insert

(4) Meet children’s instructional and developmental needs.

end insert begin insert

(5) Provide positive teacher-child interactions.

end insert

(h) Program activities and services begin delete that end delete meet the needs of
children with exceptional needs begin insert and diverse abilities, end insert and their
families.

(i) Support services for children, families, and begin delete providers of care end delete
begin insert early learning educators end insert .

(j) Resource and referral services.

(k) Alternative payment services.

(l) Provision for nutritional needs begin insert and physical activity end insert of
children.

(m) Social services that include, but are not limited to, begin insert child
abuse prevention, end insert identification of child and family needs begin insert , end insert and
referral to appropriate agencies.

(n)  begin delete Health end delete begin insert Developmental and health end insert services begin insert , as defined in
Section 8208, end insert that include referral of children to appropriate
agencies for services.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 8203.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8203.5.  

(a) The Superintendent shall ensure that each contract
entered into under this chapter to provide begin delete child care and
development end delete begin insert early learning and educational support end insert services, or
to facilitate the provision of those services, begin delete provides support to
the public school system of this state end delete begin insert promotes children’s school
readiness and subsequent school success end insert through the delivery of
appropriate begin insert high-quality end insert educational services to the children served
pursuant to the contract.

(b) The Superintendent shall ensure that all contracts for begin delete child
care and development end delete begin insert direct classroom services end insert programs include
a requirement that each begin delete public or private end delete provider maintain a
developmental profile to appropriately identify the emotional,
social, physical, and cognitive growth of each child served in order
to promote the child’s success in the public schools. To the extent
possible, the department shall provide a developmental profile to
all public and private providers using existing profile instruments
that are most cost efficient. The provider of any program operated
pursuant to a contract under Section 8262 shall be responsible for
maintaining developmental profiles upon entry through exit from
a begin delete child development end delete begin insert direct classroom services end insert program.

(c) This section is not subject to Part 34 (commencing with
Section 62000) of Division 4 of Title 2.

begin delete

(d) This section shall become operative on July 1, 2011.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 8204 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8204.  

In recognition of the demonstrated relationship between
food and good nutrition and the capacity of children to develop
and learn, it is the policy of this state that no child shall be hungry
while in attendance in begin insert a end insert child care and development begin delete facilities end delete
begin insert facility end insert as defined in Section 8208 and that begin delete child development end delete
begin insert these end insert facilities have an obligation to provide for the nutritional
needs of children in attendance.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 8205 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8205.  

It is the intent of the Legislature that in providing begin delete child
development end delete begin insert early learning and educational support end insert programs
the Superintendent begin delete of Public Instruction give end delete begin insert do the following: end insert

begin insert

(a) Develop an early learning and educational support system
that allows maximum parental choice by providing both direct
classroom and alternative payment services.

end insert

begin insert (b) end insert begin insert   end insert begin insert Give end insert priority to children of families that qualify under
applicable federal statutes or regulations as recipients of public
assistance and other low-income and disadvantaged families.
Federal reimbursement shall be claimed for any child receiving
services under this chapter for whom federal funds are available.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 8208 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8208.  

As used in this chapter:

(a) “Alternative payments” includes payments that are made by
one child care agency to another agency or child care provider for
the provision of begin delete child care and development end delete begin insert early learning and
educational support end insert services, and payments that are made by an
agency to a parent for the parent’s purchase of begin delete child care and
development end delete begin insert early learning and educational support end insert services.

(b) “Alternative payment program” means a local government
agency or nonprofit organization that has contracted with the
department pursuant to Section 8220.1 to provide alternative
payments and to provide support services to parents and providers.

(c) “Applicant or contracting agency” means a school district,
community college district, college or university, county
superintendent of schools, county, city, public agency, private
nontax-exempt agency, private tax-exempt agency, or other entity
that is authorized to establish, maintain, or operate services
pursuant to this chapter. Private agencies and parent cooperatives,
duly licensed by law, shall receive the same consideration as any
other authorized entity with no loss of parental decisionmaking
prerogatives as consistent with the provisions of this chapter.

(d) “Assigned reimbursement rate” is that rate established by
the contract with the agency and is derived by dividing the total
dollar amount of the contract by the minimum child day of average
daily enrollment level of service required.

(e)  begin insert (1) end insert begin insert   end insert “Attendance” means the number of children present at
a child care and development facility begin insert where services are provided end insert .
begin delete “Attendance,” for end delete

begin insert (2) end insert begin insert   end insert begin insert For end insert purposes of reimbursement begin delete , end delete begin insert to direct classroom end insert
begin insert programs, attendance end insert includes excused absences begin delete by end delete begin insert of end insert children
because of illness, quarantine, illness or quarantine of their parent,
family emergency, or to spend time with a parent or other relative
as required by a court of law or that is clearly in the best interest
of the child.

begin insert

(3) For purposes of reimbursement to providers through an
alternative payment services program, attendance includes either
of the following:

end insert begin insert

(A) The hours of service provided that are broadly consistent
with certified hours of need.

end insert begin insert

(B) In the case of license-exempt providers that provide
part-time services, the actual days and hours of attendance.

end insert

(f) “Capital outlay” means the amount paid for the renovation
and repair of child care and development facilities to comply with
state and local health and safety standards, and the amount paid
for the state purchase of relocatable child care and development
facilities for lease to qualifying contracting agencies.

(g) “Caregiver” means a person who provides direct care,
supervision, and guidance to children in a child care and
development facility.

(h) “Child care and development facility” means a residence or
building or part begin delete thereof end delete begin insert of a residence or building end insert in which begin delete child
care and development end delete begin insert early learning and educational support end insert
services are provided.

begin delete

(i) “Child care and development programs” means those
programs that offer a full range of services for children from
infancy to 13 years of age, for any part of a day, by a public or
private agency, in centers and family child care homes. These
programs include, but are not limited to, all of the following:

end delete begin delete

(1) General child care and development.

end delete begin delete

(2) Migrant child care and development.

end delete begin delete

(3) Child care provided by the California School Age Families
Education Program (Article 7.1 (commencing with Section 54740)
of Chapter 9 of Part 29 of Division 4 of Title 2).

end delete begin delete

(4) California state preschool program.

end delete begin delete

(5) Resource and referral.

end delete begin delete

(6) Child care and development services for children with
exceptional needs.

end delete begin delete

(7) Family child care home education network.

end delete begin delete

(8) Alternative payment.

end delete begin delete

(9) Schoolage community child care.

end delete begin delete

(j) “Child care and development services” means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite. These
services may include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.

end delete begin delete

(k)

end delete

begin insert (i) end insert  “Children at risk of abuse, neglect, or exploitation” means
children who are so identified in a written referral from a legal,
medical, or social service agency, or emergency shelter.

begin delete

(l)

end delete

begin insert (j) end insert  “Children with exceptional needs” means either of the
following:

(1) Infants and toddlers under three years of age who have been
determined to be eligible for early intervention services pursuant
to the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) and
its implementing regulations. These children include an infant or
toddler with a developmental delay or established risk condition,
or who is at high risk of having a substantial developmental
disability, as defined in subdivision (a) of Section 95014 of the
Government Code. These children shall have active individualized
family service plans, shall be receiving early intervention services,
and shall be children who require the special attention of adults in
a child care setting.

(2) Children 3 to 21 years of age, inclusive, who have been
determined to be eligible for special education and related services
by an individualized education program team according to the
special education requirements contained in Part 30 (commencing
with Section 56000) of Division 4 of Title 2, and who meet
eligibility criteria described in Section 56026 and, Article 2.5
(commencing with Section 56333) of Chapter 4 of Part 30 of
Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the
California Code of Regulations. These children shall have an active
individualized education program, shall be receiving early
intervention services or appropriate special education and related
services, and shall be children who require the special attention of
adults in a child care setting. These children include children with
intellectual disabilities, hearing impairments (including deafness),
speech or language impairments, visual impairments (including
blindness), serious emotional disturbance (also referred to as
emotional disturbance), orthopedic impairments, autism, traumatic
brain injury, other health impairments, or specific learning
disabilities, who need special education and related services
consistent with Section 1401(3)(A) of Title 20 of the United States
Code.

begin delete

(m)

end delete

begin insert (k) end insert  “Closedown costs” means reimbursements for all approved
activities associated with the closing of operations at the end of
each growing season for migrant begin delete child development programs end delete
begin insert services end insert only.

begin delete

(n)

end delete

begin insert (l) end insert  “Cost” includes, but is not limited to, expenditures that are
related to the operation of begin delete child care and development end delete begin insert early
learning and educational support end insert programs. “Cost” may include
a reasonable amount for state and local contributions to employee
benefits, including approved retirement programs, agency
administration, and any other reasonable program operational
costs. “Cost” may also include amounts for licensable facilities in
the community served by the program, including lease payments
or depreciation, downpayments, and payments of principal and
interest on loans incurred to acquire, rehabilitate, or construct
licensable facilities, but these costs shall not exceed fair market
rents existing in the community in which the facility is located.
“Reasonable and necessary costs” are costs that, in nature and
amount, do not exceed what an ordinary prudent person would
incur in the conduct of a competitive business.

begin insert

(m) “Developmental and health services” include, but are not
limited to, all of the following:

end insert begin insert

(1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.

end insert begin insert

(2) Developmental and health screening and health treatment,
including a full range of immunization recorded on the appropriate
state immunization form to the extent provided by the Medi-Cal
Act (Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code) and the Child
Health and Disability Prevention Program (Article 6 (commencing
with Section 124025) of Chapter 3 of Part 2 of Division 106 of the
Health and Safety Code), but only to the extent that ongoing care
cannot be obtained utilizing community resources.

end insert begin insert

(3) Health education and training for children, parents, staff,
and providers.

end insert begin insert

(4) Followup treatment through referral to appropriate health
care agencies or individual health care professionals.

end insert begin insert

(n) “Direct classroom programs” means early learning and
educational support programs that serve children from birth to
13 years of age, including, but not limited to, services for infants
and toddlers, preschool age children, schoolage children, and
children of migrant agricultural worker families.

end insert begin insert

(o) “Direct classroom services” means direct classroom
programs, family child care home education networks, and
programs that serve severely disabled children, that are
administered by the Superintendent pursuant to Article 5
(commencing with Section 8228).

end insert begin insert

(p) “Early learning and educational support programs” means
those programs that offer a full range of services designed to meet
a wide variety of needs of children, from birth to 13 years of age,
and their families. Services provided by an applicant or contracting
agency, may be for any part of the day that a parent is working,
in training, seeking employment, incapacitated, or in need of
respite. These services may include, but are not limited to, direct
classroom and alternative payment services.

end insert begin delete

(o)

end delete

begin insert (q) end insert  “Elementary school,” as contained in former Section 425 of
Title 20 of the United States Code (the National Defense Education
Act of 1958, Public Law 85-864, as amended), includes early
childhood education programs and all begin delete child development end delete begin insert early
learning and educational support end insert programs, for the purpose of the
cancellation provisions of loans to students in institutions of higher
learning.

begin delete

(p)

end delete

begin insert (r) end insert  “Family child care home education network” means an entity
organized under law that contracts with the department pursuant
to Section 8245 to make payments to licensed family child care
home providers and to provide educational and support services
to those providers and to children and families eligible for
state-subsidized begin delete child care and development end delete begin insert early learning and
educational support end insert services. A family child care home education
network may also be referred to as a family child care home system.

begin delete

(q) “Health services” include, but are not limited to, all of the
following:

(1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.

(2) Health screening and health treatment, including a full range
of immunization recorded on the appropriate state immunization
form to the extent provided by the Medi-Cal Act (Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code) and the Child Health and Disability
Prevention Program (Article 6 (commencing with Section 124025)
of Chapter 3 of Part 2 of Division 106 of the Health and Safety
Code), but only to the extent that ongoing care cannot be obtained
utilizing community resources.

(3) Health education and training for children, parents, staff,
and providers.

(4) Followup treatment through referral to appropriate health
care agencies or individual health care professionals.

(r)

end delete

begin insert (s) end insert  “Higher educational institutions” means the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Community
Colleges, and the governing bodies of any accredited private
nonprofit institution of postsecondary education.

begin delete

(s)

end delete

begin insert (t) end insert  “Intergenerational staff” means persons of various
generations.

begin delete

(t)

end delete

begin insert (u) end insert  “Limited-English-speaking-proficient and
non-English-speaking-proficient children” means children who
are unable to benefit fully from an English-only begin delete child care and
development end delete begin insert early learning and educational support end insert program as
a result of either of the following:

(1) Having used a language other than English when they first
began to speak.

(2) Having a language other than English predominantly or
exclusively spoken at home.

begin delete

(u)

end delete

begin insert (v) end insert  “Parent” means a biological parent, stepparent, adoptive
parent, foster parent, caretaker relative, or any other adult living
with a child who has responsibility for the care and welfare of the
child.

begin delete

(v)

end delete

begin insert (w) end insert  “Program director” means a person who, pursuant to
Sections 8244 and 8360.1, is qualified to serve as a program
director.

begin delete

(w)

end delete

begin insert (x) end insert  “Proprietary begin delete child care end delete agency” means an organization or
facility providing begin delete child care, end delete begin insert early learning and educational
support services, end insert which is operated for profit.

begin delete

(x)

end delete

begin insert (y) end insert  “Resource and referral programs” means programs that
provide information to parents, including referrals and coordination
of community resources for parents and public or private providers
of care. Services frequently include, but are not limited to: technical
assistance for providers, toy-lending libraries, equipment-lending
libraries, toy- and equipment-lending libraries, staff development
programs, health and nutrition education, and referrals to social
services.

begin delete

(y)

end delete

begin insert (z) end insert  “Severely disabled children” are children with exceptional
needs from birth to 21 years of age, inclusive, who require intensive
instruction and training in programs serving pupils with the
following profound disabilities: autism, blindness, deafness, severe
orthopedic impairments, serious emotional disturbances, or severe
intellectual disabilities. “Severely disabled children” also include
those individuals who would have been eligible for enrollment in
a developmental center for handicapped pupils under Chapter 6
(commencing with Section 56800) of Part 30 of Division 4 of Title
2 as it read on January 1, 1980.

begin delete

(z)

end delete

begin insert (aa) end insert  “Short-term respite child care” means child care service to
assist families whose children have been identified through written
referral from a legal, medical, or social service agency, or
emergency shelter as being neglected, abused, exploited, or
homeless, or at risk of being neglected, abused, exploited, or
homeless. Child care is provided for less than 24 hours per day in
child care centers, treatment centers for abusive parents, family
child care homes, or in the child’s own home.

begin delete

(aa) (1) 

end delete

begin insert (ab) end insert begin insert   end insert “Site supervisor” means a person who, regardless of his or
her title, has operational program responsibility for begin delete a child care
and development end delete begin insert an early learning and educational support end insert
program at a single site. A site supervisor shall hold a permit begin insert or
credential end insert issued by the Commission on Teacher Credentialing
that authorizes supervision of begin delete a child care and development end delete begin insert an
early learning and educational support end insert program operating in a
single site. The Superintendent may waive the requirements of this
subdivision if the Superintendent determines that the existence of
compelling need is appropriately documented.

begin delete

(2) For California state preschool programs, a site supervisor
may qualify under any of the provisions in this subdivision, or
may qualify by holding an administrative credential or an
administrative services credential. A person who meets the
qualifications of a program director under both Sections 8244 and
8360.1 is also qualified under this subdivision.

(ab)

end delete

begin insert (ac) end insert  “Standard reimbursement rate” means that rate established
by the Superintendent pursuant to Section 8265.

begin delete

(ac)

end delete

begin insert (ad) end insert  “Startup costs” means those expenses an agency incurs in
the process of opening a new or additional facility before the full
enrollment of children.

begin delete

(ad)

end delete

begin insert (ae) end insert  “California state preschool begin delete program” end delete begin insert program services end insert begin insert ” end insert
means part-day and full-day educational programs begin insert and services
designed to facilitate the transition to kindergarten end insert for low-income
or otherwise disadvantaged three- and four-year-old children.

begin delete

(ae)

end delete

begin insert (af) end insert  “Support services” means those services that, when
combined with begin delete child care and development end delete begin insert early learning and
educational support end insert services, help promote the healthy physical,
mental, social, and emotional growth of children. Support services
include, but are not limited to: protective services, parent training,
provider and staff training, transportation, parent and child
counseling, begin delete child development end delete resource and referral services, and
child placement counseling.

begin delete

(af)

end delete

begin insert (ag) end insert  “Teacher” means a person with the appropriate permit
issued by the Commission on Teacher Credentialing who provides
program supervision and instruction that includes supervision of
a number of aides, volunteers, and groups of children.

begin delete

(ag)

end delete

begin insert (ah) end insert  “Underserved area” means a county or subcounty area,
including, but not limited to, school districts, census tracts, or ZIP
Code areas, where the ratio of publicly subsidized begin delete child care and
development end delete begin insert early learning and educational support end insert program
services to the need for these services is low, as determined by the
Superintendent.

begin delete

(ah)

end delete

begin insert (ai) end insert  “Workday” means the time that the parent requires
temporary care for a child for any of the following reasons:

(1) To undertake training in preparation for a job.

(2) To undertake or retain a job.

(3) To undertake other activities that are essential to maintaining
or improving the social and economic function of the family, are
beneficial to the community, or are required because of health
problems in the family.

begin delete

(ai)

end delete

begin insert (aj) end insert  “Three-year-old children” means children who will have
their third birthday on or before the date specified of the fiscal
year in which they are enrolled in a California state preschool
program, as follows:

(1) November 1 of the 2012-13 fiscal year.

(2) October 1 of the 2013-14 fiscal year.

(3) September 1 of the 2014-15 fiscal year and each fiscal year
thereafter.

begin delete

(aj)

end delete

begin insert (ak) end insert  “Four-year-old children” means children who will have
their fourth birthday on or before the date specified of the fiscal
year in which they are enrolled in a California state preschool
program, as follows:

(1) November 1 of the 2012-13 fiscal year.

(2) October 1 of the 2013-14 fiscal year.

(3) September 1 of the 2014-15 fiscal year and each fiscal year
thereafter.

begin delete

(ak)

end delete

begin insert (a end insert begin insert l end insert begin insert ) end insert  “Local educational agency” means a school district, a county
office of education, a community college district, or a school
district on behalf of one or more schools within the school district.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 8208.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8208.1.  

begin delete Child care end delete begin insert Care end insert exempt from licensure is a valid
parental choice of care for all programs provided for under this
part, and no provision of this part shall be construed to exclude or
discourage the exercise of that choice.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 8208.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8208.5.  

Notwithstanding any other begin delete provision of end delete law, begin delete child care
and development end delete begin insert early learning and educational support end insert programs,
as defined in Section 8208, shall include, but not be limited to,
respite child care begin delete and development end delete .

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 8209 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8209.  

(a) If a state of emergency is declared by the Governor,
the Superintendent begin delete of Public Instruction end delete may waive any
requirements of this code or regulations adopted pursuant to this
code relating to begin delete child care and development end delete begin insert early learning and
educational support end insert programs operated pursuant to this chapter
only to the extent that enforcement of the regulations or
requirements would directly impede disaster relief and recovery
efforts or would disrupt the current level of service in begin delete child care
and development end delete begin insert early learning and educational support end insert programs.

(b) If a state of emergency is declared by the Governor, the
Superintendent begin delete of Public Instruction end delete may waive, any requirements
of this code or regulations adopted pursuant to this code relating
to child nutrition programs in begin delete child care and development end delete begin insert early
learning and educational support end insert programs operated pursuant to
this chapter only to the extent that enforcement of the regulations
or requirements would directly impede disaster relief and recovery
efforts or would disrupt the current level of service in begin delete child care
and development end delete begin insert early learning and educational support end insert programs.

(c) A waiver granted pursuant to subdivision (a) or (b) shall not
exceed 45 calendar days.

(d) For purposes of this section, “state of emergency” includes
fire, flood, earthquake, or a period of civil unrest.

(e) If a request for a waiver pursuant to subdivision (a) or (b)
is for begin delete a child care and development end delete begin insert an early learning and
educational support end insert program or child nutrition program that
receives federal funds and the waiver may be inconsistent with the
state plan or any federal law or regulations governing the program,
the Superintendent begin delete of Public Instruction end delete shall seek and obtain
approval of the waiver from the appropriate federal agency begin delete prior
to end delete begin insert before end insert granting the waiver.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 8210 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8210.  

Funds appropriated for the purpose of this chapter may
be used for begin delete child care end delete resource and referral programs begin delete which end delete begin insert that end insert
may be operated by public or private nonprofit entities.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 8211 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8211.  

It is the intent of the Legislature that one hundred eighty
thousand dollars ($180,000) be appropriated each fiscal year for
allocation to begin delete child care and development end delete resource and referral
agencies operated by local educational agencies for the purpose
of the begin delete child care end delete resources and referral program set forth in this
article.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 8212 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8212.  

For purposes of this article, begin delete child care end delete resource and
referral programs, established to serve a defined geographic area,
shall provide the following services:

(a) Identification of the full range of existing begin delete child care end delete services
through information provided by all relevant public and private
agencies in the areas of service, and the development of a resource
file of those services begin delete which end delete begin insert that end insert shall be maintained and updated
at least quarterly. These services shall include, but not be limited
to, begin insert early learning and educational support programs, end insert family day
care homes, public and private day care programs, full-time and
part-time programs, and infant, begin insert toddler, end insert preschool, and extended
care programs.

The resource file shall include, but not be limited to, the
following information:

(1) Type of program.

(2) Hours of service.

(3) Ages of children served.

(4) Fees and eligibility for services.

(5) Significant program information.

(b) (1) Establishment of a referral process begin delete which end delete begin insert that end insert responds
to parental need for information and begin delete which end delete begin insert that end insert is provided with
full recognition of the confidentiality rights of parents. Resource
and referral programs shall make referrals to licensed child day
care facilities. Referrals shall be made to unlicensed care facilities
only if there is no requirement that the facility be licensed. The
referral process shall afford parents maximum access to all referral
information. This access shall include, but is not limited to,
telephone referrals to be made available for at least 30 hours per
week as part of a full week of operation. Every effort shall be made
to reach all parents within the defined geographic area, including,
but not limited to, any of the following:

(A) Toll-free telephone lines.

(B) Office space convenient to parents and providers.

(C) Referrals in languages which are spoken in the community.

Each begin delete child care end delete resource and referral program shall publicize its
services through all available media sources, agencies, and other
appropriate methods.

(2) (A) Provision of information to any person who requests a
begin delete child care end delete referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the
Health and Safety Code and to access any public files pertaining
to the facility that are maintained by the State Department of Social
Services Community Care Licensing Division.

(B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):

“State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining
to the facility that documents a facility visit or a substantiated
complaint investigation. In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing
Division. You have the right to access any public information in
these files.”

(c) Maintenance of ongoing documentation of requests for
service tabulated through the internal referral process. The
following documentation of requests for service shall be maintained
by all begin delete child care end delete resource and referral programs:

(1) Number of calls and contacts to the begin delete child end delete care information
and referral program or component.

(2) Ages of children served.

(3) Time category of begin delete child end delete care request for each child.

(4) Special time category, such as nights, weekends, and swing
shift.

(5) Reason that the begin delete child end delete care is needed.

This information shall be maintained in a manner that is easily
accessible for dissemination purposes.

(d) Provision of technical assistance to existing and potential
providers of all types of begin delete child end delete care services. This assistance shall
include, but not be limited to:

(1) Information on all aspects of initiating new begin delete child end delete care
services including, but not limited to, licensing, zoning, program
and budget development, and assistance in finding this information
from other sources.

(2) Information and resources that help existing begin delete child care
services end delete providers to maximize their ability to serve the children
and parents of their community.

(3) Dissemination of information on current public issues
affecting the local and state delivery of begin delete child care end delete services.

(4) Facilitation of communication between existing child care
and child-related services providers in the community served.

Services prescribed by this section shall be provided in order to
maximize parental choice in the selection of begin delete child end delete care to facilitate
the maintenance and development of begin delete child end delete care services and
resources.

(e) (1) A program operating pursuant to this article shall, within
two business days of receiving notice, remove a licensed child day
care facility with a revocation or a temporary suspension order, or
that is on probation from the program’s referral list.

(2) A program operating pursuant to this article shall, within
two business days of receiving notice, notify all entities, operating
a program under Article 3 (commencing with Section 8220) and
Article 15.5 (commencing with Section 8350) in the program’s
jurisdiction, of a licensed child day care facility with a revocation
or a temporary suspension order, or that is on probation.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 8212.3 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8212.3.  

(a) In addition to the services described in Section
8212, a begin delete child care end delete resource and referral program, established to
serve a defined geographic area, may provide short-term respite
child care. “Short-term respite care,” for purposes of this article,
means temporary child care services to do any of the following:

(1) Provide services to families identified and referred by child
protective agencies.

(2) Relieve the stress caused by child abuse, neglect, or
exploitation, or the risk of abuse, neglect, or exploitation.

(3) Assist parents who, because of serious illness or injury,
homelessness, or family crisis, including temporary absence from
the home because of illness or injury, would be unable without
assistance to provide the normal care and nurture expected of
parents.

(4) Provide temporary relief to parents from the care of children
with exceptional needs.

(b) Pursuant to the delivery of short-term respite child care
services, priority shall be given for the provision of services to
families identified and referred by child protective agencies, to
relieve the stress caused by child abuse, neglect, or exploitation,
or the risks thereof, as described in paragraphs (1) and (2) of
subdivision (a). Priority shall be given to assist parents and to
provide temporary relief to parents, as described in paragraphs (3)
and (4) of subdivision (a) to the extent that resources are available.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 8213 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8213.  

All begin delete child care end delete resource and referral services shall be
provided in a manner begin delete which end delete begin insert that end insert is responsive to the diverse
cultural, linguistic, and economic needs of a defined geographic
area of service.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 8214 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8214.  

begin delete Child care resources end delete begin insert (a) end insert begin insert   end insert begin insert Resource and end insert referral begin insert services end insert
shall be provided to all persons requesting services and to all types
of begin delete child care end delete begin insert eligible end insert providers, regardless of income level or other
eligibility criteria. In addition to the services prescribed by this
section, begin delete child care end delete resource and referral may provide a wide variety
of parent and provider support and educational services.

begin insert

(b) (1) To assist parents in making informed choices about the
available types of care, all families determined eligible for and
receiving services through the alternative payment program
pursuant to Article 3 (commencing with Section 8220) and all
parents determined eligible for and receiving services through the
CalWORKs Stage 2 and Stage 3 programs pursuant to Article 15.5
(commencing with Section 8350) shall be provided parent
information resources.

end insert begin insert

(2) These informational resources shall be provided at the time
the family is determined eligible for services and at recertification
of eligibility, pursuant to Section 8220.5, so that parents may make
informed choices about services available.

end insert begin insert

(3) These informational resources shall include options that
both offer a safe, caring, and age-appropriate early learning and
educational support environment for children, as well as support
the parents’ work activity and shall also describe indicators of
high-quality early learning and educational support options
pursuant to subparagraphs (A) to (G), inclusive, of paragraph (4).

end insert begin insert

(4) Resource and referral agencies may utilize resources from
a certified list posted on the department’s Internet Web site,
pursuant to subdivision (c), or may develop local resources that
shall include, but are not limited to:

end insert begin insert

(A) Information regarding how to select services that meet the
needs of the parent and child.

end insert begin insert

(B) Information on licensing requirements and procedures for
centers and family child care homes.

end insert begin insert

(C) Trustline requirements for family child care homes and
license-exempt providers.

end insert begin insert

(D) A range of possible early learning and educational support
options from which a parent may choose.

end insert begin insert

(E) Information on available care subsidies and eligibility
requirements.

end insert begin insert

(F) Quality indicators including provider or educator training,
accreditation, staff stability, group size, ratio of children to staff,
environments that support the healthy development of children,
parent involvement and parent-provider communication.

end insert begin insert

(G) Information on quality rating and improvement systems,
where available.

end insert begin insert

(c) The department shall develop and certify a list of high-quality
early learning and educational support resources to demonstrate
high-quality options available to parents. The list of certified
resources shall be posted and maintained on the department’s
Internet Web site.

end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 8215 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8215.  

(a) There is hereby established a project known as the
California Child Care Initiative Project. It is the intent of the
Legislature to promote and foster the project in cooperation with
private corporations and local governments. The objective of the
project is to increase the availability of quality begin delete child care end delete programs
in the state.

(b) For purposes of this section, the California Child Care
Initiative Project means a project to expand the role and functions
of selected resource and referral agencies in activities including
needs assessment, recruitment and screening of providers, technical
assistance, and staff development and training, in order to aid
communities in increasing their capability in the number of begin delete child
care end delete spaces available and the quality of begin delete child care end delete services offered.

(c) The Superintendent begin delete of Public Instruction end delete shall allocate all
state funds appropriated for the California Child Care Initiative
Project for the purpose of making grants to those begin delete child care end delete
resource and referral agencies that have been selected as pilot sites
for the project.

(d) The project shall ensure that each dollar of state funds
allocated pursuant to subdivision (c) is matched by two dollars
($2) from other sources, including private corporations, the federal
government, or local governments.

(e) The grants to the sites made available by the project shall
be comprised of a combination of state funds and other funds
pursuant to subdivision (d).

(f) The Superintendent begin delete of Public Instruction end delete shall develop a begin delete data
base end delete begin insert database end insert for the project.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 8216 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8216.  

When making referrals, every agency operating begin delete both end delete a
direct begin delete service end delete begin insert classroom services program or an alternative
payment end insert program and a resource and referral program shall provide
at least four referrals, at least one of which shall be a provider over
which the agency has no fiscal or operational control, as well as
information to a family on the family’s ability to choose a license
exempt provider.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 8220 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8220.  

Upon the approval of the begin delete State Department of Education, end delete
begin insert department, end insert funds appropriated for the purposes of this chapter
may be used for alternative payment programs to allow for
maximum parental choice. Various methods of reimbursement for
parental costs for begin delete child end delete care may be utilized. All payment
arrangements shall conform to the eligibility criteria and the parent
fee schedule established pursuant to Sections 8263 and 8265.

To provide for maximum parental choice, alternative payment
programs may include the following:

(a) A subsidy that follows the family from one provider to
another within a given alternative payment program.

(b) Choices, whenever possible, among hours of service
including before and after school, evenings, weekends, and split
shifts.

(c)  begin delete Child care and development end delete begin insert Early learning and educational
support end insert services according to parental choice, including use of
family day care homes, general center based programs, and other
state-funded programs to the extent that those programs exist in
the general service area and are in conformity with the purposes
and applicable laws for which those programs were established,
but excluding begin insert California end insert state preschool begin delete programs end delete begin insert program
services end insert .

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 8220.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8220.1.  

(a) The begin delete State Department of Education end delete begin insert department end insert
shall contract with local contracting agencies for alternative
payment programs so that services will be provided throughout
the state. The department shall expand existing alternative payment
programs and fund new alternative payment programs to the extent
that funds are provided by the Legislature.

(b) Funding for the new programs pursuant to this section shall
be allocated to programs which meet all of the following
requirements:

(1) Applicants shall conform to the requirements of this article.

(2) Applicants shall demonstrate that an alternative payment
begin delete child development end delete program is an appropriate method of delivering
begin delete child care end delete services within the county or service area at the level
requested in the application by doing either of the following:

(A) Demonstrating the availability of sufficient licensed or
begin delete exempt child care end delete begin insert license-exempt end insert providers.

(B) Providing a plan for the development of sufficient licensed
begin delete child care end delete providers working in cooperation with the local resource
and referral agency.

(3) Applicants shall demonstrate the administrative viability of
the alternative payment agency and its capacity to meet
performance requirements.

(4) Existing alternative payment begin delete child development end delete programs
receiving funds for expansion into a new service area shall be
funded at a documented rate appropriate to that community and
may contract separately as appropriate.

begin insert

(c) On and after July 1, 2014, the Superintendent shall
streamline the delivery of alternative payment programs through
the simplification of contracts that serve special populations,
including, but not limited to, migrant populations. Contractors
shall continue to serve the same populations specified in their
2013-14 contracts, unless they receive prior approval from the
department.

end insert

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 8220.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8220.3. end insert   

Alternative payment contractors serving migrant
populations shall give priority for enrollment to children of migrant
agricultural worker families, in the following priority order:

(a) The family moves from place to place.

(b) The family has qualified for services under paragraph (1)
of subdivision (b) of Section 8231 within the past five years and
is currently dependent for its income on agricultural employment,
but is currently settled near agricultural areas.

(c) The family resides in a rural agricultural area and is
dependent upon seasonal agricultural work.

end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 8220.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8220.5.  

begin insert (a) end insert begin insert   end insert To offer maximum support for parents and
providers, alternative payment programs shall have access to
resource and referral services. Funding shall be adequate to
purchase care at the begin delete fee charged the end delete begin insert same rate that a end insert private client
begin insert is charged end insert for the same service as well as to provide locally
designed support services for parents and providers. begin delete In
communities where there are no resource and referral agencies,
alternative payment programs end delete begin insert Alternative payment programs end insert begin insert , in
collaboration with resource and referral agencies in the county, end insert
shall provide the following support services:

begin delete

(a) Information for parents to assist them in making informed
choices.

end delete begin insert

(1) At the time the family is determined eligible for services and
at recertification, provide information for parents to assist them
in making informed choices about available types of care that offer
a safe, caring, and age-appropriate early learning and educational
support environment for children, as well as support the parents’
work activities, including, but not limited to, all of the following:

end insert begin insert

(A) Information about high-quality early learning and
educational support services pursuant to subdivision (b) of Section
8214.

end insert begin insert

(B) Information on quality rating and improvement systems,
where available.

end insert begin delete

(b)

end delete

begin insert (2) end insert  Professional and technical assistance and information for
providers.

begin delete

(c)

end delete

begin insert (3) end insert  Parenting information.

begin insert

(b) The department shall make informational resources available
to both resource and referral programs and alternative payment
programs pursuant to subdivision (c) of Section 8214.

end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 8222 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8222.  

(a) Payments made by alternative payment programs
shall not exceed the applicable market rate ceiling. Alternative
payment programs may expend more than the standard
reimbursement rate for a particular child. However, the aggregate
payments for services purchased by the agency during the contract
year shall not exceed the assigned reimbursable amount as
established by the contract for the year. No agency may make
payments in excess of the rate charged to full-cost families. This
section does not preclude alternative payment programs from using
the average daily enrollment adjustment factor for children with
exceptional needs as provided in Section 8265.5.

(b) Alternative payment programs shall reimburse licensed begin delete child
care end delete providers in accordance with a biennial market rate survey
pursuant to Section 8447, at a rate not to exceed the ceilings
established pursuant to Section 8357.

(c) An alternative payment program shall reimburse a licensed
provider for begin delete child end delete care of a subsidized child based on the rate
charged by the provider to nonsubsidized families, if any, for the
same services, or the rates established by the provider for
prospective nonsubsidized families. A licensed begin delete child care end delete provider
shall submit to the alternative payment program a copy of the
provider’s rate sheet listing the rates charged, and the provider’s
discount or scholarship policies, if any, along with a statement
signed by the provider confirming that the rates charged for a
subsidized child are equal to or less than the rates charged for a
nonsubsidized child.

(d) An alternative payment program shall maintain a copy of
the rate sheet and the confirmation statement.

(e) A licensed begin delete child care end delete provider shall submit to the local
resource and referral agency a copy of the provider’s rate sheet
listing rates charged, and the provider’s discount or scholarship
policies, if any, and shall self-certify that the information is correct.

(f) Each licensed begin delete child care end delete provider may alter rate levels for
subsidized children once per year and shall provide the alternative
payment program and resource and referral agency with the updated
information pursuant to subdivisions (c) and (e), to reflect any
changes.

(g) A licensed begin delete child care end delete provider shall post in a prominent
location adjacent to the provider’s license at the child care facility
the provider’s rates and discounts or scholarship policies, if any.

(h) An alternative payment program shall verify provider rates
no less frequently than once a year by randomly selecting 10
percent of licensed begin delete child care end delete providers serving subsidized families.
The purpose of this verification process is to confirm that rates
reported to the alternative payment programs reasonably correspond
to those reported to the resource and referral agency and the rates
actually charged to nonsubsidized families for equivalent levels
of services. It is the intent of the Legislature that the privacy of
nonsubsidized families shall be protected in implementing this
subdivision.

(i) The department shall develop regulations for addressing
discrepancies in the provider rate levels identified through the rate
verification process in subdivision (h).

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 8223 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8223.  

The reimbursement for alternative payment programs
shall include the cost of begin delete child end delete care paid to begin delete child care end delete providers plus
the administrative and support services costs of the alternative
payment program. The total cost for administration and support
services shall not exceed an amount equal to 17.5 percent of the
total contract amount. The administrative costs shall not exceed
the costs allowable for administration under federal requirements.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 8225 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8225.  

When making referrals, every agency operating begin delete both end delete a
direct begin delete service end delete begin insert classroom services program or a resource and
referral end insert program and an alternative payment program shall provide
at least four referrals, at least one of which shall be a provider over
which the agency has no fiscal or operational control, as well as
information to a family on the family’s ability to choose a license
exempt provider.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 8226 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8226.  

(a) When making referrals, every program operating
pursuant to this article shall provide information to any person
who requests a begin delete child care end delete referral of his or her right to view the
licensing information of a licensed child day care facility required
to be maintained at the facility pursuant to Section 1596.859 of
the Health and Safety Code and to access any public files pertaining
to the facility that are maintained by the State Department of Social
Services Community Care Licensing Division.

(b) A written or oral advisement in substantially the following
form will comply with the requirements of subdivision (a):

“State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining
to the facility that documents a facility visit or a substantiated
complaint investigation. In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing
Division. You have the right to access any public information in
these files.”

(c) Every program operating pursuant to this article shall, within
two days of receiving notice, remove from the program’s referral
list the name of any licensed child day care facility with a
revocation or a temporary suspension order or that is on probation.

(d) A program operating pursuant to this article shall, within
two business days of being notified of a revocation or a temporary
suspension order for a licensed child day care facility, do both of
the following:

(1) Terminate payment to the facility.

(2) Notify each parent and the facility in writing that payment
has been terminated and the reason for the termination.

(e) A program operating pursuant to this article shall, upon being
notified that a licensed child day care facility has been placed on
probation, provide written notice to each parent utilizing the facility
that the facility has been placed on probation and that the parent
has the option of selecting a different begin delete child day care end delete provider or
remaining with the facility without risk of subsidy payments to
the provider being terminated. The Legislature urges each agency
operating pursuant to this section to provide the written notice
required by this subdivision in the primary language of the parent,
to the extent feasible.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 8227 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8227.  

(a) To the extent that funding is made available for this
purpose through the annual Budget Act, the alternative payment
agency in each county shall design, maintain, and administer a
system to consolidate local child care waiting lists so as to establish
a countywide centralized eligibility list. In those counties with
more than one alternative payment agency, the agency that also
administers the resource and referral program shall have the
responsibility of developing, maintaining, and administering the
countywide centralized eligibility list. In those counties with more
than one alternative payment agency and more than one resource
and referral program, the begin delete State Department of Education end delete
begin insert department end insert shall establish a process to select the agency to develop,
maintain, and administer the countywide centralized eligibility
list.

(b) Notwithstanding subdivision (a), in those counties in which
a countywide centralized eligibility list exists, as of the date that
the act adding this section is enacted, the entity administering that
list may receive funding, instead of the entity specified under
subdivision (a).

(c) Each centralized eligibility list shall include all of the
following:

(1) Family characteristics, including ZIP Code of residence,
ZIP Code of employment, monthly income, and size.

(2) Child characteristics, including birth date and whether the
child has special needs.

(3) Service characteristics, including reason for need, whether
full-time or part-time service is requested, and whether after hours
or weekend care is requested.

(d) Information collected for the centralized eligibility list shall
be reported to the Superintendent begin delete of Public Instruction end delete on an annual
basis on the date and in the manner determined by the begin delete State
Department of Education end delete begin insert department end insert .

(e) (1) To be eligible to enter into an agreement with the
department to provide subsidized begin delete child end delete care, a contractor shall
participate in and use the centralized eligibility list.

(2) A contractor with a campus child care and development
program operating pursuant to Section 66060, begin delete migrant child care
and development end delete begin insert a end insert program operating on a seasonal basis begin insert providing
services to a migrant population end insert pursuant to Section 8230, or begin insert a end insert
program serving severely begin delete handicapped end delete begin insert disabled end insert children pursuant
to subdivision (d) of Section 8250 and who has a local site waiting
list shall submit eligibility list information to the centralized
eligibility list administrator for any parent seeking subsidized begin delete child
care end delete begin insert services end insert for whom these programs are not able to provide
begin delete child care and development end delete begin insert early learning and educational support end insert
services. A begin delete child care and development end delete contractor or program
described in this paragraph may utilize any waiting lists developed
at its local site to fill vacancies for its specific population. Families
enrolled from a local site waiting list shall be enrolled pursuant to
Section 8263.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Article 5 (commencing with Section 8228) is added
to Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 5. end insert   Direct Classroom Services

 

begin insert 8228. end insert   

(a) The Superintendent shall administer early learning
and educational support programs through direct classroom
services, including, but not limited to, direct classroom programs
pursuant to Article 6 (commencing with Section 8230) and Article
7 (commencing with Section 8235), family child care home
education networks pursuant to Article 8.5 (commencing with
Section 8245), and services for children with special needs
pursuant to Article 9 (commencing with Section 8250).

(b) Contractors providing direct classroom services pursuant
to this article shall comply with the administrative requirements
set forth in Article 10 (commencing with Section 8255).

begin insert 8228.1. end insert   

The Superintendent, with funds appropriated for this
purpose, shall administer programs through direct classroom
services. These programs shall include, but not be limited to, all
of the following:

(a) Age and developmentally appropriate activities for children.

(b) Supervision.

(c) Parenting education and parent engagement.

(d) Developmental and health services.

(e) Nutrition.

(f) Family support services that include, but are not limited to,
assessment of child and family needs and referral to appropriate
human services organizations.

(g) Training, professional development, and career advancement
opportunities, documentation of which shall be provided to the
department.

begin insert 8228.2. end insert   

(a) Subdivision (b) shall apply to the award of funding
for direct classroom services programs if upon appropriation by
the Legislature moneys are made available for that purpose in any
fiscal year.

(b) (1) When funding is made available, priority for funding
shall be given to programs operating classrooms located in the
attendance area of elementary schools ranked in deciles 1 to 3,
inclusive, of the Academic Performance Index pursuant to Section
52056.

(2) In an application for funds pursuant to this subdivision, an
agency shall furnish the Superintendent with an estimate of the
number and ages of 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 estimates.

(3) In awarding contracts for expansion, the Superintendent
shall take into account the geographic criteria established pursuant
to Section 8279.2, and the headquarters preferences and eligibility
criteria relating to fiscal or programmatic noncompliance
established pursuant to Section 8261.

(c) 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.

end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert The heading of Article 6 (commencing with Section
8230) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 6.  begin delete Migrant Child Care and Development Programs end delete
begin insert Services for Migrant Populations end insert

 

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 8230 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8230.  

begin delete The Superintendent of Public Instruction shall administer
all migrant child care and development programs. end delete begin insert Contractors
serving migrant populations shall comply with the requirements
set forth in this article. end insert In addition, the Superintendent begin delete of Public
Instruction end delete shall support and encourage the state-level coordination
of all agencies that offer services to migrant begin delete children and their
families end delete begin insert populations end insert and state-level coordination of existing health
funds for migrants.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 8231 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8231.  

(a) For the purpose of this begin delete article end delete begin insert chapter end insert , a “migrant
agricultural worker family” means a family begin delete that has earned at least
50 percent of its total gross end delete begin insert with at least one parent that has earned
at least 50 percent of his or her end insert income from employment in
fishing, agriculture, or agriculturally related work during the
12-month period immediately preceding the date of application
for begin delete child care and development end delete begin insert early learning and educational
support end insert services.

(b)  begin delete Children end delete begin insert For purposes of this article, priority for enrollment
shall be given to children end insert of migrant agricultural worker families
begin delete shall be enrolled in child development programs on the basis of end delete
begin insert in end insert the following begin delete priorities end delete begin insert priority order end insert :

(1) The family moves from place to place.

(2) The family has qualified under paragraph (1) within the past
five years and is currently dependent for its income on agricultural
employment, but is currently settled near agricultural areas.

(3) The family resides in a rural agricultural area and is
dependent upon seasonal agricultural work.

(4) Eligibility and priority for services for the federally funded
Migrant Child Development Program shall be in accordance with
the applicable federal regulations.

begin insert

(c) If a contractor serving migrant populations, upon prioritizing
migrant families for enrollment and complying with this section,
is unable to reach the anticipated level of enrollment as provided
in the contract for services, the contractor may use any funds
remaining to enroll children from otherwise eligible families
pursuant to the priorities set forth in Section 8263.

end insert

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 8232 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8232.  

The begin delete superintendent end delete begin insert Superintendent end insert shall develop
appropriate begin delete migrant child care and development programs, end delete quality
indicators begin insert for contractors that serve migrant populations end insert , including
those prescribed in begin delete subdivisions (a) to (h), inclusive, and (k) to
(m), inclusive, of end delete Section 8203, and the following:

(a) Social services.

(1) Bilingual liaison between migrant parents and the center or
family child care home, or both.

(2) Liaison between the agency and the relevant community
agencies and organizations, including health and social services.

(3) Identification and documentation of family needs and
followup referrals as appropriate.

(b) Staffing.

(1) Bilingual health personnel shall be available to each program
site of begin delete a migrant child care and development end delete begin insert an end insert agency begin insert that serves
migrant populations end insert .

(2) Professional and nonprofessional staff shall reflect the
linguistic and cultural background of the children being served.

(3) Whenever possible, migrants will be recruited, trained, and
hired in begin delete child care and development end delete begin insert early learning and educational
support end insert programs. Documentation of training and career ladder
opportunities and of recruitment and hiring efforts shall be provided
to the begin delete Department of Education. end delete begin insert department. end insert Staff training shall
include principles and practices of begin delete child care and development end delete
begin insert early learning and educational support end insert for the age groups of
children being served.

(c)  begin delete Health end delete begin insert Developmental and health end insert services in begin delete migrant child
care and development programs end delete begin insert agencies that serve migrant
populations end insert shall include health and dental screening and followup
treatment. Health records for all migrant children shall follow the
child.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 8233 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8233.  

(a) Cost for migrant begin delete programs end delete begin insert population services end insert may
exceed the standard reimbursement rate established by the
begin delete Superintendent of Public Instruction. end delete begin insert Superintendent. end insert In no case
shall the reimbursement exceed the cost of the begin delete program end delete begin insert services end insert .
State-funded programs may be eligible for Chapter I federal funds
to supplement state funding. These funds shall not be contingent
upon the provision of additional child days or enrollment.

(b) The Superintendent begin delete of Public Instruction end delete shall annually
reimburse begin insert agencies that provide services for end insert seasonal migrant begin delete child
care and development agencies end delete begin insert populations pursuant to this article end insert
for approvable startup and closedown costs. Reimbursement for
both startup and closedown costs shall not exceed 15 percent of
begin delete each such end delete begin insert the end insert agency’s total contract amount.

begin delete

Seasonal

end delete

begin insert (c) end insert begin insert   end insert begin insert Agencies that provide services for end insert begin insert seasonal end insert migrant begin delete child
care and development agencies end delete begin insert populations end insert shall submit
reimbursement claims for startup costs with their first monthly
reports, and reimbursement claims for closedown costs with their
final reports.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert The heading of Article 7 (commencing with Section
8235) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 7.  California State Preschool begin delete Programs end delete begin insert Program
Services end insert

 

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 8235 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8235.  

(a)  begin delete The Superintendent shall administer all end delete begin insert Contractors
providing end insert California state preschool begin delete programs. Those programs
shall include, but not be limited to, part-day age and
developmentally appropriate programs designed to facilitate the
transition to kindergarten for three- end delete begin insert program services for children
described in subdivision (aj) of Section 8208, end insert and four-year-old
children begin insert , as described in subdivision (ak) of Section 8208, shall
adhere to the requirements set forth in Article 5 (commencing with
Section 8228) end insert in educational development, health services, social
services, nutritional services, parent education and parent
participation, evaluation, and staff development. begin delete Preschool
programs end delete begin insert These programs shall include, but are not limited to,
part-day age and developmentally appropriate programs designed
to facilitate the transition to kindergarten for three- and
four-year-old children. end insert

begin insert (b) end insert begin insert   end insert begin insert Preschool end insert begin insert services end insert 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 use federal funds made available through Title XX of the
federal Social Security Act (42 U.S.C. Sec. 1397).

begin delete

(b)

end delete

begin insert (c) end insert  Three- and four-year-old children are eligible for begin delete the end delete part-day
California state preschool program begin insert services end insert if the family meets at
least one of the criteria specified in paragraph (1) of subdivision
(a) of Section 8263.

begin delete

(c)

end delete

begin insert (d) end insert  Notwithstanding any other law, a begin insert contractor providing end insert
part-day California state preschool program begin insert services end insert 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.

begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  Part-day preschool services shall be reimbursed on a per
capita basis, as determined by the Superintendent, and contingent
on funding being provided for the part-day preschool services in
the annual Budget Act.

begin delete

(g)

end delete

begin insert (h) end insert  Federal Head Start funds used to provide services to families
receiving California state preschool services shall be deemed
nonrestricted funds.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 8236 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8236.  

(a) (1)  begin delete Each applicant or contracting agency funded
pursuant to Section 8235 end delete begin insert Contractors providing California state
preschool program services pursuant to this article end insert shall give first
priority to three- or four-year-old neglected or abused children
who are recipients of child protective services, or who are at risk
of being neglected, abused, or exploited upon written referral from
a legal, medical, or social service agency. 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.

(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 before enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.

(b) For begin delete California state end delete begin insert contractors that provide part-day end insert
preschool begin delete programs end delete begin insert services that are end insert 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 Department
of Finance of any exceptions that have been granted and the reasons
for granting the exceptions.

(c) The following provisions apply to the award of new funding
for the expansion of the California state preschool program begin insert services end insert
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
estimates.

(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
four-year-old children.

(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.

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 8236.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8236.1.  

The department shall annually monitor funding used
in begin delete general child care and development end delete begin insert direct classroom end insert programs
for infants and toddlers, and hours of service provided in begin delete the end delete
California state preschool program begin insert services end insert , and shall annually
report to the Department of Finance and to the Legislature a
statewide summary identifying the estimated funding used for
infants and toddlers, and the number of preschool age children
receiving part-day preschool and wraparound begin delete child care end delete services,
as defined in subdivision (f) of Section 8239. The annual report
shall include a comparison to the prior year on a county-by-county
basis.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 8238.4 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 begin insert contractors providing end insert
California state preschool begin delete programs end delete begin insert program services end insert that contract
to receive this funding before July 1, 2012. 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 begin insert contractors providing end insert
California state preschool begin delete programs end delete begin insert program services end insert 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 begin delete programs end delete begin insert program services end insert in the annual
Budget Act or other statute.

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 8239 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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
wraparound begin delete general child care and development programs end delete begin insert services end insert .
In order to facilitate a full-day of services, all of the following
shall apply:

(a) Part-day preschool begin delete programs end delete begin insert services end insert provided pursuant to
this section shall operate between 175 and 180 days begin insert and shall
include the core class curriculum end insert .

(b) Wraparound begin delete general child care and development programs end delete
begin insert services end insert provided pursuant to this section begin delete may end delete begin insert shall end insert operate a
minimum of 246 days per year unless the begin delete child development end delete
contract specified a lower minimum days of operation. begin delete Part-day
general child care and development programs end delete begin insert Wraparound services end insert
may operate a full-day for the remainder of the year after the
completion of the begin insert part-day end insert preschool program begin insert services. Services
shall be provided in accordance with Article 1 (commencing with
Section 8200) and Article 5 (commencing with Section 8228) end insert .

(c) Part-day preschool services combined with wraparound begin delete child
care end delete services shall be reimbursed at no more than the full-day
standard reimbursement rate begin delete for general child care programs end delete begin insert , end insert with
adjustment factors, pursuant to Section 8265 and as determined in
the annual Budget Act.

(d) Three- and four-year-old children are eligible for wraparound
begin delete child care end delete services to supplement the part-day begin delete California state end delete
preschool begin delete program end delete begin insert services end insert if the family meets begin delete at least one of end delete the
begin insert eligibility end insert 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.

(e) Fees shall be assessed and collected for families with children
in part-day preschool programs, or families receiving wraparound
child care services, or both, pursuant to subdivisions (g) and (h)
of Section 8263.

begin delete

(f) For purposes of this section, “wraparound child care services”
and “wraparound general child care and development programs”
mean services provided for the remaining portion of the day or
remainder of the year following the completion of part-day
preschool services that are necessary to meet the child care needs
of parents eligible pursuant to subdivision (a) of Section 8263.
These services shall be provided consistent with the general child
care and development programs provided pursuant to Article 8
(commencing with Section 8240).

end delete begin insert

(f) For purposes of this section, the following definitions apply:

end insert begin insert

(1) “Wraparound services” means additional funding beyond
the part-day California state preschool program services provided
pursuant to subdivision (a), to meet a family’s need for services
while the parent participates in an approved work or work-related
activity. These services shall be provided consistent with the early
learning and educational support programs provided pursuant to
Article 1 (commencing with Section 8200) and Article 5
(commencing with Section 8228).

end insert begin insert

(2) “Core class curriculum” means services that are
developmentally, culturally, and linguistically appropriate for
children served pursuant to this article, and that operate for a
minimum of three hours per day, excluding scheduled nap periods,
for a minimum of 175 days.

end insert

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert The heading of Article 8 (commencing with Section
8240) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 8.  begin delete General Child Care and Development end delete begin insert Direct
Classroom end insert Programs

 

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 8240 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8240.  

begin insert (a) end insert begin insert   end insert The Superintendent begin delete of Public Instruction end delete , with funds
appropriated for this purpose, shall administer general child care
and development programs.

General child care and development programs shall include:

begin delete

(a)

end delete

begin insert (1) end insert  Age and developmentally appropriate activities for children.

begin delete

(b)

end delete

begin insert (2) end insert  Supervision.

begin delete

(c)

end delete

begin insert (3) end insert  Parenting education and parent involvement.

begin delete

(d)

end delete

begin insert (4) end insert  Social services that include, but are not limited to,
identification of child and family needs and referral to appropriate
agencies.

begin delete

(e)

end delete

begin insert (5) end insert  Health services.

begin delete

(f)

end delete

begin insert (6) end insert  Nutrition.

begin delete

(g)

end delete

begin insert (7) end insert  Training and career ladder opportunities, documentation of
which shall be provided to the begin delete Department of Education end delete
begin insert department end insert .

begin insert

(b) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute
that is enacted before January 1, 2015, deletes or extends the dates
on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 8240 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 8240. end insert   

(a) Direct classroom programs shall serve children
from birth to 13 years of age, including, but not limited to, services
for all of the following:

(1) Infants and toddlers.

(2) Preschool age children.

(3) Schoolage children.

(4) Migrant children.

(b) The Superintendent shall streamline the delivery of direct
classroom programs through the simplification of contracts that
serve children described in subdivision (a). This shall include, but
is not limited to, services for both of the following special
populations:

(1) Preschool age children.

(2) Migrant children.

(c) (1) Contractors shall continue to serve the same populations
specified in their 2013-14 contracts, unless they receive prior
approval from the department.

(2) Contractors that provide services to migrant populations
shall comply with Article 6 (commencing with Section 8230).

(3) Contractors that provide services to California state
preschool program populations shall comply with Article 7
(commencing with Section 8235).

(d) This section shall become operative on July 1, 2014.

end insert

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 8244 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8244.  

(a) (1) Any entity operating begin delete child care and development end delete begin insert end insert
programs funded pursuant to this chapter that provide direct
begin insert classroom end insert services to children at two or more sites, including
through more than one contract or subcontract funded pursuant to
this chapter, shall employ a program director.

(2) Programs providing direct services to children, for the
purposes of this section, are begin delete general child care and development end delete
begin insert direct classroom services end insert programs pursuant to Article begin delete 8 end delete begin insert 5 end insert
(commencing with Section begin delete 8240), end delete begin insert 8228), end insert migrant begin delete child care and
development programs end delete begin insert services end insert pursuant to Article 6 (commencing
with Section 8230), begin delete campus child care and development programs
pursuant to Article 4 (commencing with Section 8225), end delete begin insert California end insert
state preschool programs pursuant to Article 7 (commencing with
Section 8235), begin delete child care and development end delete begin insert direct classroom end insert
services for children with special needs programs pursuant to
Article 9 (commencing with Section 8250), infant care and
development services programs pursuant to Article 17
(commencing with Section 8390), and any of these programs
operated through family child care homes.

(b) (1) For purposes of this section, the following definitions
shall apply:

(A) “Administrative responsibility” means awareness of the
financial and business circumstances of the program, and, in
appropriate cases, supervision of administrative and support
personnel and the knowledge and authority to direct or modify
administrative practices and procedures to ensure compliance to
administrative and financial standards imposed by law.

(B) “Program director” means a person who, regardless of his
or her title, has programmatic and administrative responsibility
for begin delete a child care and development end delete begin insert an early learning and educational
support end insert program that provides direct services to children at two
or more sites.

(C) “Programmatic responsibility” means overall supervision
of curriculum and instructional staff, including instructional aides,
and the knowledge and authority to direct or modify program
practices and procedures to ensure compliance to applicable quality
and health and safety standards imposed by law.

(2) Administrative and programmatic responsibility also includes
the responsibility to act as the representative for the begin delete child
development end delete begin insert early learning and educational support end insert program to
the begin delete State Department of Education. end delete begin insert department. end insert With respect to
programs operated through family child care homes, administrative
and programmatic responsibility includes ensuring that quality
services are provided in the family child care homes.

(c) The program director also may serve as the site supervisor
at one of the sites, provided that he or she both fulfills the duties
of a begin delete “day end delete begin insert day end insert care center begin delete director,” end delete begin insert director, end insert as set forth in Section
begin delete 101315 end delete begin insert 101215.1 end insert of Title 22 of the California Code of Regulations,
and meets the qualifications for a site supervisor as set forth in
subdivision begin delete (aa) end delete begin insert (ab end insert begin insert ) end insert of Section 8208.

(d) The Superintendent begin delete of Public Instruction end delete may waive the
qualifications for program director described in Sections 8360.1
and 8360.3 upon a finding of one of the following circumstances:

(1) The applicant is making satisfactory progress toward
securing a permit issued by the Commission on Teacher
Credentialing authorizing supervision of a begin delete child care and
development end delete begin insert early learning and educational support end insert program
operating in two or more sites or fulfilling the qualifications for
program directors in begin delete severely handicapped end delete programs begin insert serving
severely disabled children end insert , as specified in Section 8360.3.

(2) The place of employment is so remote from institutions
offering the necessary coursework as to make continuing education
impracticable and the contractor has made a diligent search but
has been unable to hire a more qualified applicant.

(e) The Superintendent begin delete of Public Instruction end delete , upon good cause,
may by rule identify and apply grounds in addition to those
specified in subdivision (d) for granting a waiver of the
qualifications for program director.

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert The heading of Article 9 (commencing with Section
8250) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 9.  begin delete Child Care and Development end delete Services for Children
with Special Needs

 

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 8250 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8250.  

(a) The Superintendent shall ensure that eligible children
with exceptional needs are given equal access to all begin delete child care and
development end delete begin insert early learning and educational support end insert programs.
Available federal and state funds for children with exceptional
needs above the standard reimbursement amount shall be used to
assist agencies in developing and supporting appropriate programs
for these children.

(b) To provide children with exceptional needs with additional
access to begin delete child care and development end delete begin insert early learning and
educational support end insert programs, the Superintendent shall establish
alternate appropriate placements, such as self-contained programs
and innovative programs using the least restrictive environment.
These programs shall be started as expansion funds become
available and shall be expanded throughout the implementation
of the plan. The Superintendent shall utilize existing program
models and input from program specialists to develop new program
criteria and guidelines for programs serving children with
exceptional needs. These programs may serve children with
exceptional needs up to 21 years of age.

(c) Any child with exceptional needs served in begin delete child care and
development end delete begin insert early learning and educational support end insert programs
shall be afforded all rights and protections guaranteed in state and
federal laws and regulations for individuals with exceptional needs.

(d) Notwithstanding any other provision of this chapter, the
Superintendent may develop unique reimbursement rates for, and
make reimbursements to, begin delete child care and development end delete begin insert early
learning and educational support end insert programs that received state
funding for the 1980-81 fiscal year and serve severely disabled
children, as defined in subdivision begin delete (y) end delete begin insert (z) end insert of Section 8208, when
all of the following conditions exist:

(1) Eligibility for enrollment of a severely disabled child in the
program is the sole basis of the child’s need for service.

(2) Services are provided to severely disabled children from
birth to 21 years of age.

(3) No fees are charged to the parents of the severely disabled
children receiving the services.

(e) The Superintendent shall include begin delete child care and development end delete
providers in all personnel development for persons providing
services for children with exceptional needs.

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 8250.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8250.5.  

A contractor providing services pursuant to a begin delete general
child care end delete begin insert direct classroom services end insert contract, begin delete a campus child care
contract, end delete a migrant begin delete child care end delete begin insert services end insert contract, or an alternative
payment child care contract is subject to the requirements of the
Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.).

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 8251 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8251.  

All begin delete child care and development end delete begin insert direct classroom services end insert
programs shall include plans or programs, or both, for the care of
the children when they are sick. These plans shall be age
appropriate and parents shall be included in the planning and
evaluation. The Superintendent begin delete of Public Instruction end delete shall
disseminate information regarding effective sick child care models
to all begin delete child care and development end delete begin insert early learning and educational
support end insert programs.

Nothing in this chapter shall be construed to allow the practice
of medicine without a license.

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 8252 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8252.  

(a) The begin delete Department of Education end delete begin insert department end insert and the
local county welfare department shall enter into contracts begin delete which end delete
begin insert that end insert establish the procedures for serving and referring a child in
need of care as part of the provision of protective services pursuant
to Chapter 5 (commencing with Section 16500) of Part 4 of
Division 9 of the Welfare and Institutions Code. The begin delete Department
of Education end delete begin insert department end insert , in consultation with the State Department
of Social Services, may contract with another appropriate
community agency begin delete which end delete begin insert that end insert provides services or referrals, or
both, for the prevention or intervention of child abuse or neglect
if no such contract for child care services exists between the
begin delete Department of Education end delete begin insert department end insert and the county welfare
department.

(b) The contracts shall specify the resource and referral program
or operating agency or agencies providing begin delete child care and
development end delete begin insert early learning and educational support end insert pursuant to
this chapter in the county that the local contracting agency shall
contact to secure care for a child needing protective services. If
an operating agency is unable to enroll the child, the local
contracting agency described in subdivision (a) with the assistance
of the providers of local resources and referral services shall locate
services for the family. Payments for begin delete such end delete begin insert these end insert located services
in the absence of other funds shall be made by the local contracting
agency.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert need for begin delete child care end delete begin insert services end insert funded pursuant to this
section shall be reviewed by the local contracting agency no less
than every three months.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 8255 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8255.  

(a) The Legislature finds and declares that the
effectiveness of begin delete child care and development end delete begin insert early learning and
educational support end insert programs can be increased through improved
state administration, technical assistance to provider agencies, and
monitoring.

(b) It is the intent of the Legislature:

(1) That the begin delete State Department of Education end delete begin insert department end insert develop
clear, consistent, and appropriate regulations for begin delete child care and
development end delete begin insert early learning and educational support end insert programs to
replace policy guidelines begin delete which end delete begin insert that end insert are not subject to the public
hearing process, often inconsistent, and without the force of law.

(2) That the begin delete State Department of Education end delete begin insert department end insert make
better use of staff with direct field experience in begin delete child development end delete
begin insert early learning and educational support end insert programs.

(3) That better criteria be developed for the awarding,
evaluating, and renewal of begin delete child care and development end delete begin insert early
learning and educational support end insert contracts.

(4) That improvements be made in the method of reimbursing
begin delete child care and development program end delete providers.

(5) That increased effort be made to provide program operators
with technical assistance in meeting their contractual obligations.

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 8257 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8257.  

The department shall do all of the following in
administering begin delete the provisions of end delete this chapter:

(a) Apply sanctions against contracting agencies that have
serious licensing violations, as defined and reported by the State
Department of Social Services pursuant to Section 1544 of the
Health and Safety Code.

(b) Provide 90 days’ written notification to any contractor whose
agreement is being terminated, except if there is imminent danger
to the health and welfare of children if agency operation is not
terminated more promptly. Notwithstanding Article 18
(commencing with Section 8400), the department shall establish
procedures for placing a contractor whose agreement is being
terminated into receivership. Action to initiate receivership shall
be at the discretion of the department, and may be taken against a
contractor whose agreement is being terminated either immediately
or within 90 days. The receiver shall not be a department employee.
The receiver shall have sufficient experience in the administration
of begin delete child care and development end delete begin insert early learning and educational
support end insert programs to ensure compliance with the terms of the
receivership.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 8258 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8258.  

(a) No person employed by the begin delete State Department of
Education end delete begin insert department end insert in a policymaking position in the area of
begin delete child care and development end delete begin insert early learning and educational support end insert
programs shall serve as a member of the board of directors,
advisory council, or advisory committee for any agency receiving
funds pursuant to this chapter. begin delete The provisions of this subdivision
shall not apply to any person appointed prior to January 1, 1985. end delete

(b) No retired, dismissed, separated, or formerly employed
person of the begin delete state end delete department employed under the State Civil
Service or otherwise appointed to serve in the begin delete state end delete department
may enter into a contract pursuant to Section 8262 in which he or
she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decisionmaking process relevant
to the contract while employed in any capacity by the begin delete state end delete
department. The prohibition contained in this subdivision shall
apply to the person only during the two-year period beginning on
the date the person left state employment.

(c) For a period of 12 months following the date of his or her
retirement, dismissal, or separation from state service, no person
employed under State Civil Service or otherwise appointed to serve
in the begin delete state end delete department may enter into a contract pursuant to Section
8262 if he or she was employed by the department in a
policymaking position in the area of begin delete child care and development end delete
begin insert early learning and educational support end insert programs within the
12-month period begin delete prior to end delete begin insert before end insert his or her retirement, dismissal,
or separation.

(d) For a period of 12 months following the date of his or her
retirement, dismissal, or separation from state service, no person
employed under State Civil Service or otherwise appointed to serve
in the department may be employed by a contractor pursuant to
Section 8262 if he or she engaged in any of the negotiations,
transactions, planning, arrangements, or any part of the
decisionmaking process relevant to the contract while employed
in any capacity by the department.

begin delete

(e) The provisions of subdivisions (b), (c), and (d) shall not
apply to any persons who were already in the situations described
by these subdivisions prior to January 1, 1985.

end delete

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 8261 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8261.  

(a) The Superintendent begin delete of Public Instruction end delete shall adopt
rules and regulations pursuant to this chapter. The rules and
regulations shall include, but not be limited to, provisions which
do all of the following:

(1) Provide clear guidelines for the selection of agencies when
begin delete child development end delete begin insert early learning and educational support end insert contracts
are let begin delete , including, but not limited to, specification that any agency
headquartered in the proposed service area on January 1, 1985,
will be given priority for a new contract in that area, unless the
State Department of Education makes a written determination that
(A) the agency is not able to deliver the level of services specified
in the request for proposal, or (B) the department has notified the
agency that it is not in compliance with the terms of its contract end delete .

(2) Provide for a contract monitoring system to ensure that
agencies expend funds received pursuant to this chapter in
accordance with the provisions of their contracts.

(3) Specify adequate standards of agency performance.

(4) Establish reporting requirements for service reports,
including provisions for varying the frequency with which these
reports are to be submitted on the basis of agency performance.

(5) Specify standards for withholding payments to agencies that
fail to submit required fiscal reports.

(6) Set forth standards for department site visits to contracting
agencies, including, but not limited to, specification as to the
purpose of the visits, the personnel that will perform these visits,
and the frequency of these visits begin delete which end delete begin insert that end insert shall be as frequently
as staff and budget resources permit. By September 1 of each year,
the department shall report to the Senate Education, Senate Health
and Human Services, Assembly Education, and Assembly Human
Services Committees on the number of visits conducted during
the previous fiscal year pursuant to this paragraph.

(b) The begin delete superintendent end delete begin insert Superintendent end insert shall consult with the
State Department of Social Services with respect to rules and
regulations adopted relative to the disbursal of federal funds under
Title XX of the federal Social Security Act.

(c) For purposes of expediting the implementation of state or
federal legislation to expand child care services, the begin delete superintendent end delete
begin insert Superintendent end insert may waive (1) the regulations regarding the point
qualifications for, and the process and scoring of, interviews of
contract applicants pursuant to Section 18002 of Title 5 of the
California Code of Regulations, or (2) the time limitations for
scheduling and notification of appeal hearings and their results
pursuant to Section 18003 of Title 5 of the California Code of
Regulations. The begin delete superintendent end delete begin insert Superintendent end insert shall ensure that
the appeal hearings provided for in Section 18003 of Title 5 of the
California Code of Regulations are conducted in a timely manner.

(d) (1)  begin delete Child care and development end delete begin insert Early learning and
educational support end insert programs operated under contract from funds
made available pursuant to the federal Child Care and Development
Fund, shall be administered according to Division 19 (commencing
with Section 17906) of Chapter 1 of Title 5 of the California Code
of Regulations, unless provisions of these regulations conflict with
federal regulations. If state and federal regulations conflict, the
federal regulations shall apply unless a waiver of federal regulations
is authorized.

(2) For purposes of this section, “Child Care and Development
Fund” has the same meaning as in Section 98.2 of Title 45 of the
Code of Federal Regulations.

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 8261.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8261.5.  

For purposes of meeting state and federal reporting
requirements and for the effective administration of begin delete child care and
development end delete begin insert early learning and educational support end insert programs,
the Superintendent begin delete of Public Instruction end delete is authorized to require
the collection and submission of social security numbers of heads
of households, and other information as required, from public and
private agencies contracting with the begin delete State Department of
Education end delete begin insert department end insert pursuant to this chapter, including local
educational agencies.

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 8262 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8262.  

Notwithstanding Sections 14616 and 14780 of the
Government Code, the Superintendent begin delete of Public Instruction end delete may
enter into and execute local contractual agreements with any public
or private entity or agency for the delivery of begin delete child care and
development end delete begin insert early learning and educational support end insert services or
the furnishing of property, facilities, personnel, supplies,
equipment, and administrative services related to the delivery of
begin delete child care development end delete begin insert early learning and educational support end insert
services. begin delete Prior to end delete begin insert Before end insert entering into or executing a local
agreement, the begin delete State Department of Education end delete begin insert department end insert shall
obtain annual approval from the Department of General Services
and the Department of Finance as to the form and general content
thereof. The agreements may only be made for the delivery of
begin delete child care and development end delete begin insert early learning and educational support end insert
services, or the furnishing of property, facilities, personnel,
supplies, equipment, or administrative services related thereto,
which conform with the provisions of this chapter.

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 8263 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8263.  

(a) The Superintendent shall adopt rules and regulations
on eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized begin delete child development end delete begin insert early learning and educational
support end insert services, families shall meet at least one requirement in
each of the following areas:

(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are recipients of protective
services, or whose children have been identified as being abused,
neglected, or exploited, or at risk of being abused, neglected, or
exploited.

(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or social services agency, or
emergency shelter as (i) a recipient of protective services or (ii)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation, or (B) because the parents are (i) engaged in
vocational training leading directly to a recognized trade,
paraprofession, or profession, (ii) employed or seeking
employment, (iii) seeking permanent housing for family stability,
or (iv) incapacitated.

(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized begin delete child development end delete
begin insert early learning and educational support end insert services is as follows:

(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency. If an agency is
unable to enroll a child in the first priority category, the agency
shall refer the family to local resource and referral services to
locate services for the child.

(B) A family who is receiving child care on the basis of being
a child at risk of abuse, neglect, or exploitation, as defined in
subdivision begin delete (k) end delete begin insert (i) end insert of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).

(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family’s begin delete child care end delete referral is
recertified by the county child welfare agency.

(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross monthly
income in relation to family size, as determined by a schedule
adopted by the Superintendent, shall be admitted first. If two or
more families are in the same priority in relation to income, the
family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For purposes
of determining order of admission, the grants of public assistance
recipients shall be counted as income.

(3) The Superintendent shall set criteria for and may grant
specific waivers of the priorities established in this subdivision for
agencies that wish to serve specific populations, including children
with exceptional needs or children of prisoners. These new waivers
shall not include proposals to avoid appropriate fee schedules or
admit ineligible families, but may include proposals to accept
members of special populations in other than strict income order,
as long as appropriate fees are paid.

(c) Notwithstanding any other law, in order to promote
continuity of services, a family enrolled in a state or federally
funded child care and development program whose services would
otherwise be terminated because the family no longer meets the
program income, eligibility, or need criteria may continue to
receive child development services in another state or federally
funded child care and development program if the contractor is
able to transfer the family’s enrollment to another program for
which the family is eligible before the date of termination of
services or to exchange the family’s existing enrollment with the
enrollment of a family in another program, provided that both
families satisfy the eligibility requirements for the program in
which they are being enrolled. The transfer of enrollment may be
to another program within the same administrative agency or to
another agency that administers state or federally funded child
care and development programs.

(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision
(a) of Section 18086.5 of Title 5 of the California Code of
Regulations for an additional 60 working days if he or she
determines that opportunities for employment have diminished to
the degree that one or both parents cannot reasonably be expected
to find employment within 60 working days and granting the
extension is in the public interest. The scope of extensions granted
pursuant to this subdivision shall be limited to the necessary
geographic areas and affected persons, which shall be described
in the Superintendent’s order granting the extension. It is the intent
of the Legislature that extensions granted pursuant to this
subdivision improve services in areas with high unemployment
rates and areas with disproportionately high numbers of seasonal
agricultural jobs.

(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within
six weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to begin delete a
child care and development end delete begin insert an early learning and educational
support end insert program of a child whose parent or guardian files a letter
with the governing board of the begin delete child care and development end delete
program stating that the medical examination or immunization is
contrary to his or her religious beliefs, or provide for the exclusion
of a child from the program because of a parent or guardian having
filed the letter. However, if there is good cause to believe that a
child is suffering from a recognized contagious or infectious
disease, the child shall be temporarily excluded from the program
until the governing board of the begin delete child care and development end delete
program is satisfied that the child is not suffering from that
contagious or infectious disease.

(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department
of Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek
the advice and assistance of these health authorities in situations
where service under this chapter includes or requires care of
children who are ill or children with exceptional needs.

(g) (1) The Superintendent shall establish a fee schedule for
families utilizing begin delete child care and development end delete begin insert early learning and
educational support end insert services pursuant to this chapter, including
families receiving services under paragraph (1) of subdivision (b).
Families receiving services under subparagraph (B) of paragraph
(1) of subdivision (b) may be exempt from these fees for up to
three months. Families receiving services under subparagraph (C)
of paragraph (1) of subdivision (b) may be exempt from these fees
for up to 12 months. The cumulative period of time of exemption
from these fees for families receiving services under paragraph
(1) of subdivision (b) shall not exceed 12 months.

(2) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act
(42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with
Section 12000) of Part 3 of Division 9 of the Welfare and
Institutions Code shall not be included as income for purposes of
determining the amount of the family fee.

(h) (1) The family fee schedule begin delete shall end delete

begin delete provide, end delete begin insert shall provide, end insert among other things, that a contractor or
provider may require parents to provide diapers. A contractor or
provider offering field trips either may include the cost of the field
trips within the service rate charged to the parent or may charge
parents an additional fee. Federal or state money shall not be used
to reimburse parents for the costs of field trips if those costs are
charged as an additional fee. A contractor or provider that charges
parents an additional fee for field trips shall inform parents, before
enrolling the child, that a fee may be charged and that no
reimbursement will be available.

(2) A contractor or provider may charge parents for field trips
or require parents to provide diapers only under the following
circumstances:

(A) The provider has a written policy that is adopted by the
agency’s governing board that includes parents in the
decisionmaking process regarding both of the following:

(i) Whether or not, and how much, to charge for field trip
expenses.

(ii) Whether or not to require parents to provide diapers.

(B) The maximum total of charges per child in a contract year
does not exceed twenty-five dollars ($25).

(C) A child shall not be denied participation in a field trip due
to the parent’s inability or refusal to pay the charge. Adverse action
shall not be taken against a parent for that inability or refusal.

(3) Each contractor or provider shall establish a payment system
that prevents the identification of children based on whether or
not their parents have paid a field trip charge.

(4) Expenses incurred and income received for field trips
pursuant to this section shall be reported to the department. The
income received for field trips shall be reported specifically as
restricted income.

(i) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from
a parent whose child receives subsidized begin delete child care and
development end delete begin insert early learning and educational support end insert services.
These guidelines shall provide for the collection of the full amount
of the benefit payment, but not to exceed the actual cost of begin delete child
care and development end delete begin insert early learning and educational support end insert
services provided, notwithstanding the applicable fee based on the
fee schedule.

(j) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the begin delete child
care and development end delete begin insert early learning and educational support end insert
program will certify children as eligible for state reimbursement
pursuant to this section.

(k) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 8263.2 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8263.2.  

(a) Notwithstanding any other law, effective July 1,
2011, the department shall reduce the maximum reimbursable
amounts of the contracts for the Preschool Education Program, the
General Child Care Program, the Migrant Day Care Program, the
Alternative Payment Program, the CalWORKs Stage 3 Program,
and the Allowance for Handicapped Program by 11 percent or by
whatever proportion is necessary to ensure that expenditures for
these programs do not exceed the amounts appropriated for them,
including any reductions made subsequent to the adoption of the
annual Budget Act. The department may consider the contractor’s
performance or whether the contractor serves children in begin insert an end insert
underserved begin delete areas end delete begin insert area, end insert as defined in subdivision begin delete (ag) end delete begin insert (ah) end insert of
Section 8208 begin insert , end insert when determining contract reductions, provided that
the aggregate reduction to each program specified in this
subdivision is 11 percent or by whatever proportion is necessary
to ensure that expenditures for these programs do not exceed the
amounts appropriated for them, including any reductions made
subsequent to the adoption of the annual Budget Act.

(b) Notwithstanding any other law, effective July 1, 2011,
families shall be disenrolled from subsidized begin delete child care end delete services,
consistent with the priorities for services specified in subdivision
(b) of Section 8263. Families shall be disenrolled in the following
order:

(1) Families whose income exceeds 70 percent of the state
median income (SMI) adjusted for family size, except for families
whose children are receiving child protective services or are at
risk of being neglected or abused.

(2) Families with the highest income below 70 percent of the
SMI, in relation to family size.

(3) Families that have the same income and have been enrolled
in begin delete child care end delete services the longest.

(4) Families that have the same income and have a child with
exceptional needs.

(5) Families whose children are receiving child protective
services or are at risk of being neglected or abused, regardless of
family income.

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 8263.3 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8263.3.  

(a) Notwithstanding any other law, and in addition to
any reductions applied pursuant to Section 8263.2, effective July
1, 2012, the department shall reduce the maximum reimbursable
amounts of the contracts for the General Child Care Program, the
Migrant Day Care Program, the Alternative Payment Program, the
CalWORKs Stage 3 Program, and the Allowance for Handicapped
Program by 8.7 percent or by whatever proportion is necessary to
ensure that expenditures for these programs do not exceed the
amounts appropriated for them, as adjusted for any reductions in
appropriations made subsequent to the adoption of the annual
Budget Act. The department may consider the contractor’s
performance or whether the contractor serves children in begin insert an end insert
underserved begin delete areas end delete begin insert area, end insert as defined in subdivision begin delete (ag) end delete begin insert (ah) end insert of
Section 8208 begin insert , end insert when determining contract reductions, provided that
the aggregate reduction to each program specified in this
subdivision is 8.7 percent or whatever proportion is necessary to
ensure that expenditures for these programs do not exceed the
amounts appropriated for them, as adjusted for any reductions in
appropriations made subsequent to the adoption of the annual
Budget Act.

(b) Notwithstanding any other law, effective July 1, 2012,
families shall be disenrolled from subsidized begin delete child care end delete services,
consistent with the priorities for services specified in subdivision
(b) of Section 8263. Families shall be disenrolled in the following
order:

(1) Families with the highest income in relation to family size.

(2) Families that have the same income and have been enrolled
in begin delete child care end delete services the longest.

(3) Families that have the same income and have a child with
exceptional needs.

(4) Families whose children are receiving child protective
services or are at risk of being neglected or abused, regardless of
family income.

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 8263.4 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8263.4.  

(a) The preferred placement for children who are 11
or 12 years of age and who are otherwise eligible for subsidized
begin delete child care and development end delete begin insert early learning and educational support end insert
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 begin delete child care end delete 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 begin delete child end delete 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 begin delete child care end delete needs of the family.

(c) Children who are 11 or 12 years of age, who are eligible for
and who are receiving subsidized begin delete child care end delete services, and for whom
a before or after school program is not available, shall continue to
receive subsidized begin delete child care end delete 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 begin delete child care end delete 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) If an 11 or 12 year old child who is enrolled in a subsidized
begin delete child development end delete begin insert early learning and educational support end insert program
becomes ineligible for subsidized begin delete child end delete 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 begin delete child care end delete
needs of the family, the child shall be given priority to return to
the subsidized begin delete child care end delete begin insert early learning and educational support end insert
services upon the parent’s notification of the contractor of the need
for child care.

(f) 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) The savings generated each contract year by the
implementation of the changes made to this section by begin delete the act
amending this section during the 2005-06 Regular Session end delete begin insert Chapter
78 of the Statutes of 2005 end insert shall remain with each alternative
payment program, begin delete child development end delete begin insert early learning and
educational support end insert center, or other contractor for the provision
of begin delete child care end delete 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.

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 8264 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8264.  

By July 1, 1981, and annually thereafter, the State
Department of Health Services shall provide a mechanism for the
delivery of health screening and followup services for children
enrolled in begin delete child care and development end delete begin insert early learning and
educational support end insert programs for whom there are no appropriate
health services accessible by referral.

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 8264.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8264.5.  

The Superintendent may waive or modify begin delete child
development end delete requirements in order to enable begin delete child development end delete
begin insert direct classroom services end insert programs to serve combinations of
eligible children in areas of low population. The begin delete child development end delete
programs for which the Superintendent may grant waivers shall
include, but need not be limited to, California state preschool
full-day begin delete programs end delete begin insert program services end insert , begin delete child care end delete begin insert services end insert provided
by the California School Age Families Education Program (Article
7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of
Division 4 of Title 2), infant begin delete care and development end delete begin insert and toddler end insert
services, migrant begin delete child care and development end delete begin delete programs end delete begin insert services end insert ,
and general begin delete child care and development end delete begin insert direct classroom services end insert
programs.

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 8264.6 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8264.6.  

The Superintendent begin delete of Public Instruction end delete may provide
outreach services and technical assistance to new begin delete child care end delete
begin insert applicants or end insert contracting agencies and to those providing begin delete child
care end delete begin insert services end insert during nontraditional times, in underserved
geographic areas, and for children with begin delete special child care end delete begin insert specific
service end insert needs, including infants and toddlers under three years of
age.

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert Section 8264.7 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8264.7.  

begin insert (a) end insert begin insert   end insert The Superintendent begin delete of Public Instruction end delete shall
establish rules and regulations for the staffing of all begin delete center-based
child care and development end delete begin insert direct classroom services end insert programs
under contract with the department.

begin delete

Priority

end delete

begin insert (b) end insert begin insert   end insert begin insert Priority end insert shall be given by the department to the employment
of persons in begin delete child development end delete begin insert direct classroom services end insert programs
with ethnic backgrounds begin delete which end delete begin insert that end insert are similar to those of the
child for whom begin delete child development end delete services are provided.

begin delete

For

end delete

begin insert (c) end insert begin insert   end insert begin insert For end insert purposes of staffing begin delete child care and development end delete begin insert direct
classroom services end insert programs, the role of a teacher in child
supervision means direct supervision of the children as well as
supervision of aides and groups of children.

begin delete

Family

end delete

begin insert (d) end insert begin insert   end insert begin insert Family end insert child care homes shall operate pursuant to adult/child
ratios prescribed in Chapter 7 (commencing with Section 86001)
of Division 6 of Title 22 of the California Code of Regulations.

begin delete

Approval

end delete

begin insert (e) end insert begin insert   end insert begin insert Approval end insert by the Superintendent begin delete of Public Instruction end delete of any
ongoing or new programs seeking to operate under the ratios and
standards established by the Superintendent begin delete of Public Instruction end delete
under this chapter shall be based upon the following considerations:

begin delete

(a)

end delete

begin insert (1) end insert  The type of facility in which care is being or is to be
provided.

begin delete

(b)

end delete

begin insert (2) end insert  The ability of the Superintendent begin delete of Public Instruction end delete to
implement a funding source change.

begin delete

(c)

end delete

begin insert (3) end insert  The proportion of nonsubsidized children enrolled or to be
enrolled by the agency.

begin delete

(d)

end delete

begin insert (4) end insert  The most cost-effective ratios possible for the type of
services provided or to be provided by the agency.

begin delete

The

end delete

begin insert (f) end insert begin insert   end insert begin insert The end insert Superintendent begin delete of Public Instruction end delete shall apply for begin delete such end delete
waivers of federal requirements as are necessary to carry out this
section.

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 8264.8 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

8264.8.  

Until the Superintendent of Public Instruction
promulgates regulations for center-based programs establishing
staffing ratios, the following staffing ratios shall apply:

(a) Infants, 0 to 2 years old--1:3 adult-child ratio, 1:18
teacher-child ratio.

(b) Infants and toddlers, 0 to 2 years old--1:4 adult-child ratio,
1:16 teacher-child ratio.

(c) Children 3 to 6 years old--1:8 adult-child ratio, 1:24
teacher-child ratio.

(d) Children 6 to 10 years old--1:14 adult-child ratio, 1:28
teacher-child ratio.

(e) Children 10 to 13 years old--1:18 adult-child ratio, 1:36
teacher-child ratio.

(f) If groups of children of varying ages are commingled, the
teacher and adult ratios shall be proportionate and appropriate to
the ages and groups of children.

end delete

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 8264.8 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8264.8. end insert   

(a) Early learning and educational support programs
shall maintain at least the following minimum ratios in all direct
classroom services except for family child care home education
networks operating pursuant to Article 8.5 (commencing with
Section 8245):

(1) Infants, birth to 18 months old--1:3 adult-to-child ratio,
1:18 teacher-to-child ratio.

(2) Toddlers, 18 months up to their third birthday--1:4
adult-to-child ratio, 1:16 teacher-to-child ratio.

(3) Preschool, at least 30 months to kindergarten eligibility--1:8
adult-to-child ratio, 1:24 teacher-to-child ratio.

(4) Schoolage, enrolled in kindergarten to their 13th
birthday--1:14 adult-to-child ratio, 1:28 teacher-to-child ratio.

(b) Compliance with the ratios established by subdivision (a)
shall be determined based on actual attendance.

end insert

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 8265 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8265.  

(a) The Superintendent shall implement a plan that
establishes reasonable standards and assigned reimbursement rates,
which vary with the length of the program year and the hours of
service.

(1) Parent fees shall be used to pay reasonable and necessary
costs for providing additional services.

(2) When establishing standards and assigned reimbursement
rates, the Superintendent shall confer with applicant agencies.

(3) The reimbursement system, including standards and rates,
shall be submitted to the Joint Legislative Budget Committee.

(4) The Superintendent may establish any regulations he or she
deems advisable concerning conditions of service and hours of
enrollment for children in the programs.

(b) The standard reimbursement rate shall be three thousand
five hundred twenty-three dollars ($3,523) per unit of average
daily enrollment for a 250-day year, increased by the cost-of-living
adjustment granted by the Legislature beginning July 1, 1980.

(c) The plan shall require agencies having an assigned
reimbursement rate above the current year standard reimbursement
rate to reduce costs on an incremental basis to achieve the standard
reimbursement rate.

(d) The plan shall provide for adjusting reimbursement on a
case-by-case basis, in order to maintain service levels for agencies
currently at a rate less than the standard reimbursement rate.
Assigned reimbursement rates shall be increased only on the basis
of one or more of the following:

(1) Loss of program resources from other sources.

(2) Need of an agency to pay the same begin delete child care end delete rates as those
prevailing in the local community.

(3) Increased costs directly attributable to new or different
regulations.

(4) Documented increased costs necessary to maintain the prior
year’s level of service and ensure the continuation of threatened
begin delete programs. end delete

begin delete Child care agencies end delete begin insert programs. Agencies end insert funded at the lowest
rates shall be given first priority for increases.

(e) The plan shall provide for expansion of begin delete child development end delete
begin insert early learning and educational support end insert programs at no more than
the standard reimbursement rate for that fiscal year.

(f) The Superintendent may reduce the percentage of reduction
for a public agency that satisfies any of the following:

(1) Serves more than 400 children.

(2) Has in effect a collective bargaining agreement.

(3) Has other extenuating circumstances that apply, as
determined by the Superintendent.

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 8266 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8266.  

begin insert (a) end insert begin insert   end insert Notwithstanding begin delete the provisions of end delete Section 8265,
the assigned reimbursement rate of a begin delete center-based child care agency
(a) end delete begin insert direct classroom services program (1) end insert contracting with the
begin delete Department of Education end delete begin insert department end insert , begin delete (b) end delete begin insert (2) end insert operating under
licensing standards for child care and development facilities
specified by Section 1500 et seq. of the Health and Safety Code
and by Title 22 of the California begin delete Administrative Code end delete begin insert Code of
Regulations end insert , and begin delete (c) end delete begin insert (3) end insert with less than a majority of subsidized
children enrolled in the facility, shall be equivalent to the fee paid
for the same service by families of nonsubsidized children.

begin delete

It

end delete

begin insert (b) end insert begin insert   end insert begin insert It end insert is not the intent of the Legislature to preclude an agency
with a contract with the department from adjusting the fees charged
to nonsubsidized children during the contract year. In no event
shall the assigned reimbursement rate exceed the standard
reimbursement rate established pursuant to Section 8265.

begin delete

These agencies

end delete

begin insert (c) end insert begin insert   end insert begin insert An agency subject to this section end insert shall provide documentation
to the department that subsidized children, as necessary and
appropriate, shall receive supportive services through county
welfare departments, resource and referral programs, or other
existing community resources, or all of them.

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 8266.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8266.1.  

Commencing with the 1995-96 fiscal year and each
fiscal year thereafter, for the purposes of this chapter,
reimbursement rates shall be adjusted by the following
reimbursement factors for begin delete child care and development end delete begin insert direct
classroom services end insert programs with a standard reimbursement rate,
but shall not apply to the Resource and Referral Programs set forth
in Article 2 (commencing with Section 8210), the Alternative
Payment Programs set forth in Article 3 (commencing with Section
8220), the part-day California state preschool programs set forth
in Article 7 (commencing with Section 8235), the schoolage
community child care services programs set forth in Article 22
(commencing with Section 8460), or to the schoolage parent and
infant development programs:

(a) For begin delete child care and development end delete begin insert direct classroom services
program end insert providers serving children for less than four hours per
day, the reimbursement factor is 55 percent of the standard
reimbursement rate.

(b) For begin delete child care and development end delete begin insert direct classroom services end insert
program providers serving children for not less than four hours
per day, and less than six and one-half hours per day, the
reimbursement factor is 75 percent of the standard reimbursement
rate. For providers operating under the At Risk Child Care Program
set forth in Article 15.5 (commencing with Section 8350) and
serving children for not less than four hours per day, and less than
seven hours per day, the reimbursement factor is 75 percent of the
standard reimbursement rate.

(c) For begin delete child care and development end delete begin insert direct classroom services end insert
program providers serving children for not less than six and
one-half hours per day, and less than 10 and one-half hours per
day, the reimbursement factor is 100 percent of the standard
reimbursement rate. For providers operating under the At Risk
Child Care Program set forth in Article 15.5 (commencing with
Section 8350) and serving children for not less than seven hours
per day, and less than 10 hours per day, the reimbursement factor
is 100 percent of the standard reimbursement rate.

(d) For begin delete child care and development end delete begin insert direct classroom services end insert
program providers serving children for 101⁄2 hours or more per
day, the reimbursement factor is 118 percent of the standard
reimbursement rate.

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 8272 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8272.  

(a) The rules, regulations, and guidelines adopted by
the Superintendent begin delete of Public Instruction end delete pursuant to Sections 8261
and 8269 shall permit reimbursement for interest paid by
contractors on private sector debt financing for the purchase,
lease-purchase, repair, or renovation of child care and development
facilities owned or leased by contractors providing begin delete center-based
care end delete begin insert early learning and educational support services end insert .

(b) The Superintendent begin delete of Public Instruction end delete shall adopt
regulations requiring contractors to demonstrate that the amount
of interest paid in a year on private sector debt financing for the
purposes identified in subdivision (a) does not exceed the value
obtained by the state in the use of the facilities during the year for
the begin delete child care and development end delete begin insert early learning and educational
support end insert services program. The regulations shall include, but not
be limited to, the following methods of making this demonstration:

(1) Amortization of a loan or lease-purchase contract on a
straight-line basis for the purchase price of a portable building,
including any transportation charges, installation charges, loan
fees, taxes, points or other fees associated with the purchase, over
a period of 15 years or more.

(2) Amortization of a loan or lease-purchase contract on a
straight-line basis for the purchase price of a permanent building
and real estate, including any loan fees, taxes, points or other fees
associated with the purchase, over a period of 15 years or more.

(3) Evidence acceptable to the Superintendent begin delete of Public
Instruction end delete that loan payments for the purchase of a portable
building or permanent building and real estate, including principal
and interest, do not exceed the fair market rental cost that the
contractor would have paid if the property was not purchased.

(c) Loans or lease-purchase agreements amortized over the
number of years designated in subdivision (b), but due in a fewer
number of years, shall not be disallowed because of the shorter
due date.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert Section 8275 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8275.  

(a) The Superintendent may reimburse approvable
startup costs of begin delete child development end delete agencies or facilities in an
amount not to exceed 15 percent of the expansion or increase of
each agency’s total contract amount. Under no circumstances shall
reimbursement for startup costs result in an increase in the agency’s
total contract amount. These funds shall be available for all of the
following:

(1) The employment and orientation of necessary staff.

(2) The setting up of the program and facility.

(3) The finalization of rental agreements and the making of
necessary deposits.

(4) The purchase of a reasonable inventory of materials and
supplies.

(5) The purchase of an initial premium for insurance.

(b) Agencies shall submit claims for startup costs with their first
quarterly reports.

(c) The Legislature recognizes that allowances for startup costs
are necessary for the establishment and stability of new begin delete child
development end delete begin insert early learning and educational support end insert programs. begin delete Programs initially funded in the 1978-79 fiscal year and 1979-80
fiscal year are included in this section. end delete

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 8276.7 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8276.7.  

Unless specifically exempted by the Legislature, the
administrative cost for all state-funded begin delete child care and development end delete
begin insert early learning and educational support end insert programs and all federal
programs administered by the state shall not exceed 15 percent of
the funds provided for those programs. Eighty-five percent of these
funds shall be used to provide direct services in accordance with
rules and regulations, or contractual funding terms and conditions
prescribed by the Superintendent begin delete of Public Instruction end delete .

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 8277 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8277.  

begin insert (a) end insert begin insert   end insert The Superintendent begin delete of Public Instruction end delete shall
establish regulations for the allocation of capital outlay funds
provided pursuant to Section 8277.1 to Section 8277.4, inclusive,
to benefit children most needing begin delete child care and development end delete begin insert early
learning and educational support end insert programs. The first priority for
all capital outlay shall be given to facilities located in geographic
areas with no other available enrollment slots in existing subsidized
and nonsubsidized child care and development facilities. begin delete All such end delete
begin insert This end insert capital outlay funding shall be used solely for purposes of
renovation and repair of existing buildings.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert Superintendent begin delete of Public Instruction end delete shall establish
qualifications for determining the eligibility of contracting agencies
and day care homes to apply for capital outlay funds.

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 8277.8 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8277.8.  

begin insert (a) end insert begin insert   end insert In the event that a school district elects to
discontinue its contract for child development services, the facilities
owned by the school district and constructed through the provisions
of the local tax override for begin delete child development end delete begin insert early learning and
educational support program end insert purposes shall be made available to
the local contractor whose bid is accepted for continuation of the
services.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert rent for begin delete such end delete begin insert the end insert facilities shall not exceed the prevailing
rental rate for such facilities.

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert Section 8278.3 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8278.3.  

(a) (1) The Child Care Facilities Revolving Fund is
hereby established in the State Treasury to provide funding for the
renovation, repair, or improvement of an existing building to make
the building suitable for licensure for begin delete child care and development end delete
begin insert early learning and educational support end insert services and for the
purchase of new relocatable child care facilities for lease to school
districts and contracting agencies that provide begin delete child care and
development end delete begin insert early learning and educational support end insert services begin delete , end delete
pursuant to this chapter. The Superintendent may transfer state
funds appropriated for child care facilities into this fund for
allocation to school districts and contracting agencies, as specified,
for the purchase, transportation, and installation of facilities for
replacement and expansion of capacity. School districts and
contracting agencies using facilities made available by the use of
these funds shall be charged a leasing fee, either at a fair market
value for those facilities or at an amount sufficient to amortize the
cost of purchase and relocation, whichever amount is lower, over
a 10-year period. Upon full repayment of the purchase and
relocation costs, title shall transfer from the State of California to
the school district or contracting agency. The Superintendent shall
deposit all revenue derived from the lease payments into the Child
Care Facilities Revolving Fund.

(2) Notwithstanding Section 13340 of the Government Code,
all moneys in the fund, including moneys deposited from lease
payments, are continuously appropriated, without regard to fiscal
years, to the Superintendent for expenditure pursuant to this article.

(b) On or before August 1 of each fiscal year, the Superintendent
shall submit to the Department of Finance and the Legislative
Analyst’s Office a report detailing the number of funding requests
received and their purpose, the types of agencies that received
funding from the Child Care Facilities Revolving Fund, the
increased capacity that these facilities generated, a description of
the manner in which the facilities are being used, and a projection
of the lease payments collected and the funds available for future
use.

(c) A school district or county office of education that provides
child care pursuant to the California School Age Families
Education Program (Article 7.1 (commencing with Section 54740)
of Chapter 9 of Part 29 of Division 4 of Title 2) is eligible to apply
for and receive funding pursuant to this section.

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 8279.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8279.1.  

(a) The Legislature recognizes that begin delete child care end delete begin insert early
learning and educational support end insert programs have made valuable
contributions towards ensuring that public assistance recipients
will be able to accept and maintain employment or
employment-related training. Therefore, it is the intent of the
Legislature that the Superintendent ensure that counties comply
with the requirements of Section 8279.

(b) The Superintendent shall ensure each county’s compliance
with Section 8279 by not issuing funds to a local begin delete child care end delete
contractor within a county until the Superintendent has received
written certification from that county that the level of expenditure
for begin delete child care end delete services provided by the county has been maintained
at the 1970-71 fiscal year level pursuant to Section 8279. Funding
provided by a county to a local begin delete child care end delete contractor shall not
adversely affect the reimbursement received by the agency from
the Superintendent pursuant to Section 8265, 8265.5, or 8266.

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 8279.3 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8279.3.  

(a) The department shall disburse augmentations to
the base allocation for the expansion of begin delete child care and development end delete
begin insert early learning and educational support end insert programs to promote equal
access to begin delete child development end delete begin insert these end insert services across the state.

(b) The Superintendent begin delete of Public Instruction end delete shall use the
formula developed pursuant to subdivision (c) and the priorities
identified by local begin delete child care and development end delete planning councils,
unless those priorities do not meet the requirements of state or
federal law, as a guide in disbursing augmentations pursuant to
subdivision (a).

(c) The Superintendent begin delete of Public Instruction end delete shall develop a
formula for prioritizing the disbursement of augmentations pursuant
to this section. The formula shall give priority to allocating funds
to underserved areas. The Superintendent begin delete of Public Instruction end delete
shall develop the formula by using the definition of “underserved
area” in subdivision begin delete (af) end delete begin insert (ah) end insert of Section 8208 and direct impact
indicators of need for begin delete child care and development end delete begin insert early learning
and educational support end insert services in the county or subcounty areas.
For purposes of this section, “subcounty areas” include, but are
not limited to, school districts, census tracts, or ZIP Code areas
that are deemed by the Superintendent begin delete of Public Instruction end delete to be
most appropriate to the type of program receiving an augmentation.
Direct impact indicators of need may include, but are not limited
to, the teenage pregnancy rate, the unemployment rate, area
household income, or the number or percentage of families
receiving public assistance, eligible for Medi-Cal, or eligible for
free or reduced-price school meals, and any unique characteristics
of the population served by the type of program receiving an
augmentation.

(d) To promote equal access to services, the Superintendent begin delete of
Public Instruction end delete shall include in guidelines developed for use by
local planning councils pursuant to subdivision (d) of Section
8499.5 guidance on identifying underserved areas and populations
within counties. This guidance shall include reference to the direct
impact indicators of need described in subdivision (c).

begin insert

begin insert SEC. 79. end insert   

end insert

begin insert Section 8279.4 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8279.4.  

The Legislature finds and declares the following:

(a) There is a serious shortage of quality child day care facilities
throughout the state.

(b) It is in the interest of the state’s children and families, and
the state’s economic growth, to encourage the expansion of existing
child day care facilities by assisting communities and interested
government and private entities to finance child day care facilities.

(c) In addition to regional resource centers described in
Provision 7(d) of Item 6110-196-0001 of the Budget Act of 1999,
which focus on developing begin delete child end delete care capacity in underserved areas
of the state, there is a need to access capital for facilities on a
systematic basis, especially to use limited public sector funds to
leverage a greater private sector role in financing child day care
facilities. The Legislature finds and declares that a financial
intermediary could fill this role and support the regional resource
centers and other local entities that work with potential providers
by functioning as a centralized repository of training, best practices,
and expertise on facilities financing.

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Section 8279.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8279.5.  

(a) The Superintendent begin delete of Public Instruction end delete shall
contract with a nonprofit organization to serve as a financial
intermediary. The nonprofit organization shall have staff who have
expertise in financing and capital expansion, are knowledgeable
about the begin delete child care end delete begin insert early learning and educational support end insert field,
and have the ability to develop and implement a plan to increase
the availability of financing to renovate, expand, and construct
child day care facilities, both in begin delete day care end delete centers and family begin delete day end delete
begin insert child end insert care homes.

(b) The financial intermediary selected by the Superintendent
begin delete of Public Instruction end delete shall undertake activities designed to increase
funds available from the private and public sectors for the financing
of child day care facilities. These activities shall include, but are
not limited to, all of the following:

(1) Soliciting capital grants and program-related investments
from foundations and corporations.

(2) Building partnerships with foundations and corporations.

(3) Developing lending commitments, linked deposits, and other
financing programs with conventional financial institutions.

(4) Coordinating private sources of capital with existing public
sector sources of financing for child day care facilities, including,
but not limited to, the Department of Housing and Community
Development and the California Infrastructure and Economic
Development Bank.

(5) Coordinating financing efforts with the technical assistance
provided by the regional resource centers described in Provision
7(d) of Item 6110-196-0001 of the Budget Act of 1999, and other
local entities that work with potential providers.

(c) This section shall only be implemented to the extent that
funds are appropriated for this purpose in the annual Budget Act.

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Section 8279.7 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8279.7.  

(a) The Legislature recognizes the importance of
providing begin delete quality child care end delete begin insert high-quality early learning and
educational support end insert services. It is, therefore, the intent of the
Legislature to assist counties in improving the retention begin insert and
professional growth end insert of qualified begin delete child care end delete begin insert instructional end insert employees
who work directly with children who receive state-subsidized begin delete child
care end delete begin insert early learning and educational support end insert services.

(b) It is further the intent of the Legislature, in amending this
section during the 2009-10 Regular Session, to address the unique
challenges of the County of Los Angeles, in which an estimated
60,000 low-income children receive subsidized begin delete child end delete care in
nonstate-funded child care settings and an additional 50,000
eligible children are waiting for subsidized services.

(c) (1) Except as provided in paragraph (2), the funds
appropriated for the purposes of this section by paragraph (11) of
Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget
Act of 2000 (Chapter 52 of the Statutes of 2000), and that are
described in subdivision (i) of Provision 7 of that item, and any
other funds appropriated for purposes of this section, shall be
allocated to local begin delete child care and development end delete planning councils
based on the percentage of state-subsidized, begin delete center-based child
care end delete begin insert direct classroom services end insert funds received in that county, and
shall be used to address the retention of qualified begin delete child care end delete
begin insert instructional end insert employees in state-subsidized begin delete child care end delete centers.

(2) Of the funds identified in paragraph (1), funds qualified
pursuant to subparagraphs (A) to (C), inclusive, may also be used
to address the retention begin insert and professional growth end insert of qualified
persons working in licensed begin delete child care end delete begin insert early learning and
educational support end insert programs begin insert and end insert that serve a majority of children
who receive subsidized begin delete child care end delete begin insert direct classroom end insert services
pursuant to this chapter, including, but not limited to, family day
care homes as defined in Section 1596.78 of the Health and Safety
Code. To qualify for use pursuant to this paragraph, the funds shall
meet all of the following requirements:

(A) The funds are allocated for use in the County of Los
Angeles.

(B) The funds are appropriated in the annual Budget Act.

(C) The funds are unexpended after addressing the retention of
qualified begin delete child care end delete employees in state-subsidized begin delete child care end delete centers
and family child care home education networks.

(d) The department shall develop guidelines for use by local
begin delete child care and development end delete planning councils in developing county
plans for the expenditure of funds allocated pursuant to this section.
These guidelines shall be consistent with the department’s
assessment of the current needs of the subsidized begin delete child care end delete
workforce, and shall be subject to the approval of the Department
of Finance. Any county plan developed pursuant to these guidelines
shall be approved by the department begin delete prior to end delete begin insert before end insert the allocation
of funds to the local begin delete child care and development end delete planning council.

(e) Funds provided to a county for the purposes of this section
shall be used in accordance with the plan approved pursuant to
subdivision (d). A county with an approved plan may retain up to
1 percent of the county’s total allocation made pursuant to this
section for reimbursement of administrative expenses associated
with the planning process.

(f) The Superintendent shall provide an annual report, no later
than April 10 of each year, to the Legislature, the Department of
Finance, and the Governor that includes, but is not limited to, a
summary of the distribution of the funds by county and a
description of the use of the funds.

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 8282 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8282.  

(a) The Legislature finds and declares that the state
makes a substantial, annual investment in preschool, infant and
toddler, and schoolage begin delete child development end delete begin insert early learning and
educational support end insert programs for eligible families. It is in the best
interests of children and their families, and the taxpayers of
California, to have information about the development and learning
abilities of children developed in these settings, health and other
information transferred to, or otherwise available to, the pupil’s
elementary school.

(b) When a child in a state-funded preschool or infant and
toddler program will be transferring to a local public school, the
preschool or infant and toddler program shall provide the parent
or guardian with information from the previous year deemed
beneficial to the pupil and the public school teacher, including,
but not limited to, development issues, social interaction abilities,
health background, and diagnostic assessments, if any. The
preschool or infant and toddler program may, with the permission
of the parent or guardian, transfer this information to the pupil’s
elementary school.

(c) Any child who has participated in a state subsidized
begin insert California state end insert preschool begin insert program end insert that maintains results-based
standards, including the desired results accountability system, may
have the performance information transferred to any subsequent
or concurrent public school setting. Any transferred information
shall be in summary form and only accomplished with the
permission of the parent or guardian.

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 8320 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8320.  

The governing board of any school district or a county
superintendent of schools with the approval of the county board
of education is authorized to establish and maintain begin delete child
development end delete begin insert early learning and educational support end insert programs
upon the approval of, and subject to the regulations of the
Superintendent begin delete of Public Instruction end delete .

begin insert

begin insert SEC. 84. end insert   

end insert

begin insert Section 8321 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8321.  

begin insert (a) end insert begin insert   end insert The county superintendent of schools in each county,
with the approval of the county board of education and the
Superintendent begin delete of Public Instruction end delete , shall have the authority to
establish and maintain begin delete child development end delete begin insert direct classroom services end insert
programs begin delete and centers end delete in the same manner and to the same extent
as governing boards of school or community college districts,
except that nothing in this section shall be construed as vesting in
the county superintendents of schools any authority to alone effect
the levy and collection of any county, school, or other local taxes
for the support of any begin delete child development end delete begin insert direct classroom services end insert
programs begin delete and centers end delete .

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert establishment and maintenance of any begin delete child development end delete
begin insert direct classroom services end insert program begin delete and center end delete by the county
superintendent of schools shall be undertaken, subject to the prior
approval of both the county board of education and the
Superintendent begin delete of Public Instruction end delete , upon the application of one
or more school districts under his or her jurisdiction.

begin insert

begin insert SEC. 85. end insert   

end insert

begin insert Section 8324 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8324.  

The employees of school districts or community college
districts, or county superintendents of schools in begin delete preschool and
other types of child development services end delete begin insert direct classroom services
programs end insert under this division shall have the same rights and
privileges as are granted to employees of the same agencies in
children’s centers.

begin insert

begin insert SEC. 86. end insert   

end insert

begin insert Section 8327 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8327.  

Notwithstanding any other provision of this chapter, the
governing board of a school district or community college district,
county superintendent of schools, or other unit of local general
purpose government may enter into agreements with any city, city
and county, or other public agency, or with a private foundation,
nonprofit corporation, or proprietary begin delete child care end delete agency begin delete as defined
in Section 8254 end delete for the furnishing to, or use by, the governing
board, county superintendent of schools, or other unit of local
general purpose government in carrying out the provisions of this
chapter, of property, facilities, personnel, supplies, equipment and
other necessary items and such city, county, city and county, other
public agency, or private foundation or nonprofit corporation, is
authorized to enter into begin delete such end delete begin insert the end insert agreements.

begin insert

begin insert SEC. 87. end insert   

end insert

begin insert Section 8328 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8328.  

begin insert (a) end insert begin insert   end insert The governing board of any school district or the
county superintendent of schools shall establish in the county
treasury a fund to be known as the “child development fund” into
which shall be paid all funds received by the district or the county
for, or from the operation of, begin delete child development end delete begin insert early learning
and educational support end insert services under this chapter. The costs
incurred in the maintenance and operation of begin delete child development end delete
services shall be paid from the fund, with accounting to reflect
specific funding sources.

begin delete

Funds

end delete

begin insert (b) end insert begin insert   end insert begin insert Funds end insert of a district derived from the receipt of district taxes
or derived from moneys apportioned to the district for the support
of schools begin delete thereof end delete begin insert of the district end insert , in addition to state moneys
appropriated for the support of begin delete child development end delete services, fees,
and federal funds, may be expended for, or in connection with
begin delete child development end delete begin insert these end insert services.

begin insert

begin insert SEC. 88. end insert   

end insert

begin insert Section 8329 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8329.  

The governing board of any school district maintaining
begin delete a child development end delete begin insert an early learning and educational support end insert
program may include in its budget the amount necessary to initiate,
operate, and maintain a begin delete child development end delete program pursuant to
this chapter and the board of supervisors shall levy a school district
tax necessary to raise that amount. The tax shall be in addition to
any other school district tax authorized by law to be levied.

begin insert

begin insert SEC. 89. end insert   

end insert

begin insert The heading of Article 15.2 (commencing with Section
8335) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 15.2.  begin delete Child Care end delete Subsidy Plan for the City and County
of San Francisco

 

begin insert

begin insert SEC. 90. end insert   

end insert

begin insert Section 8335.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8335.1.  

begin delete Prior to end delete begin insert Before end insert implementing the local subsidy plan,
the City and County of San Francisco, in consultation with the
department, shall develop an individualized county begin delete child care end delete
subsidy plan for the city and county that includes the following
four elements:

(a) An assessment to identify the city and county’s goal for its
subsidized begin delete child end delete care system. The assessment shall examine
whether the current structure of subsidized begin delete child end delete care funding
adequately supports working families in the city and county and
whether the city and county’s begin delete child care end delete goals coincide with the
state’s requirements for funding, eligibility, priority, and
reimbursement. The assessment shall also identify barriers in the
state’s begin delete child care end delete subsidy system that inhibit the city and county
from meeting its begin delete child care end delete goals. In conducting the assessment,
the city and county shall consider all of the following:

(1) The general demographics of families who are in need of
begin delete child end delete care, including employment, income, language, ethnic, and
family composition.

(2) The current supply of available subsidized begin delete child end delete care.

(3) The level of need for various types of subsidized begin delete child care end delete
services including, but not limited to, infant care, after-hours care,
and care for children with exceptional needs.

(4) The city and county’s self-sufficiency income level.

(5) Income eligibility levels for subsidized begin delete child end delete care.

(6) Family fees.

(7) The cost of providing begin delete child end delete care.

(8) The regional market rates, as established by the department,
for different types of begin delete child end delete care.

(9) The standard reimbursement rate or state per diem for centers
operating under contracts with the department.

(10) Trends in the county’s unemployment rate and housing
affordability index.

(b) Development of a local policy to eliminate state-imposed
regulatory barriers to the city and county’s achievement of its
desired outcomes for subsidized begin delete child end delete care.

(1) The local policy shall do all of the following:

(A) Prioritize lowest income families first.

(B) Follow the family fee schedule established pursuant to
subdivision (f) of Section 8263 for those families that are income
eligible, as defined by Section 8263.1.

(C) Meet local goals that are consistent with the state’s begin delete child
care end delete goals.

(D) Identify existing policies that would be affected by the city
and county’s begin delete child care end delete subsidy plan.

(E) (i) Authorize any agency that provides begin delete child care and
development end delete begin insert early learning and educational support end insert services in
the city and county through a contract with the department to apply
to the department to amend existing contracts in order to benefit
from the local policy once it is adopted.

(ii) The department shall approve an application to amend an
existing contract if the begin delete child care end delete subsidy plan is approved pursuant
to subdivision (b) of Section 8335.3, or modified pursuant to
subdivision (c) of Section 8335.3.

(iii) The contract of a department contractor who does not elect
to request an amendment to its contract remains operative and
enforceable.

(2) (A) The city and county shall, by the end of the first fiscal
year of operation under the approved begin delete child care end delete subsidy plan,
demonstrate an increase in the aggregate child days of enrollment
in the county as compared to the enrollment in the final quarter of
the 2004-05 fiscal year.

(B) The amount of the increase shall be at least equal to the
aggregate child days of enrollment in the final quarter of the
2004-05 fiscal year for all contracts amended as provided in
subparagraph (E) of paragraph (1), under which the contractor
receives an increase in its reimbursement rate, times 2 percent.

(3) The local policy may supersede state law concerning begin delete child
care end delete subsidy programs with regard only to the following factors:

(A) Eligibility criteria including, but not limited to, age, family
size, time limits, income level, inclusion of former and current
CalWORKs participants, and special needs considerations, except
that the local policy may not deny or reduce eligibility of a family
that qualifies for begin delete child end delete care pursuant to Section 8353. Under the
local policy, a family that qualifies for begin delete child end delete care pursuant to
Section 8354 shall be treated for purposes of eligibility and fees
in the same manner as a family that qualifies for subsidized begin delete child end delete
care on another basis pursuant to the local policy.

(B) Fees including, but not limited to, family fees, sliding scale
fees, and copayments for those families that are not income eligible,
as defined by Section 8263.1.

(C) Reimbursement rates.

(D) Methods of maximizing the efficient use of subsidy funds,
including, but not limited to, multiyear contracting with the
department for begin delete center-based child care end delete begin insert direct classroom services end insert ,
and interagency agreements that allow for flexible and temporary
transfer of funds among agencies.

(c) Recognition that all funding sources utilized by direct service
contractors that provide begin delete child care and development end delete begin insert early learning
and educational support end insert services in the city and county are eligible
to be included in the begin delete child care end delete subsidy plan of the city and county.

(d) Establishment of measurable outcomes to evaluate the
success of the plan to achieve the city and county’s begin delete child care end delete goals
and to overcome any barriers identified in the state’s begin delete child care end delete
subsidy system. The State Department of Social Services shall
have an opportunity to review and comment on the proposed
measurable outcomes before they are submitted to the local begin delete child
care end delete planning council for approval pursuant to Section 8335.3.

begin insert

begin insert SEC. 91. end insert   

end insert

begin insert Section 8335.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8335.5.  

The City and County of San Francisco may implement
an individualized begin delete child care end delete subsidy plan until July 1, 2014, at
which date the city and county shall terminate the plan. Between
July 1, 2014, and July 1, 2016, the city and county shall phase out
the individualized county begin delete child care end delete subsidy plan and, as of July
1, 2016, shall implement the state’s requirements for begin delete child care end delete
subsidies. A child enrolling for the first time for subsidized begin delete child end delete
care in the city and county after July 1, 2014, shall not be enrolled
in the pilot program established pursuant to this article and is
subject to existing state laws and regulations regarding begin delete child care end delete
eligibility and priority.

begin insert

begin insert SEC. 92. end insert   

end insert

begin insert The heading of Article 15.3 (commencing with Section
8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 15.3.  Individualized County begin delete Child Care end delete Subsidy Plan

 

begin insert

begin insert SEC. 93. end insert   

end insert

begin insert Section 8341 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8341.  

begin delete Prior to end delete begin insert Before end insert implementing the local subsidy plan, the
County of San Mateo, in consultation with the department, shall
develop an individualized county begin delete child care end delete subsidy plan that
includes the following four elements:

(a) An assessment to identify the county’s goal for its subsidized
begin delete child end delete care system. The assessment shall examine whether the
current structure of subsidized begin delete child end delete care funding adequately
supports working families in the county and whether the county’s
begin delete child care end delete goals coincide with the state’s requirements for funding,
eligibility, priority, and reimbursement. The assessment shall also
identify barriers in the state’s begin delete child care end delete subsidy system that inhibit
the county from meeting its begin delete child care end delete goals. In conducting the
assessment, the county shall consider all of the following:

(1) The general demographics of families who are in need of
begin delete child end delete care, including employment, income, language, ethnic, and
family composition.

(2) The current supply of available subsidized begin delete child end delete care.

(3) The level of need for various types of subsidized begin delete child care end delete
services including, but not limited to, infant care, after-hours care,
and care for children with exceptional needs.

(4) The county’s self-sufficiency income level.

(5) Income eligibility levels for subsidized begin delete child end delete care.

(6) Family fees.

(7) The cost of providing begin delete child end delete care.

(8) The regional market rates, as established by the department,
for different types of begin delete child end delete care.

(9) The standard reimbursement rate or state per diem for centers
operating under contracts with the department.

(10) Trends in the county’s unemployment rate and housing
affordability index.

(b) Development of a local policy to eliminate state-imposed
regulatory barriers to the county’s achievement of its desired
outcomes for subsidized begin delete child end delete care.

(1) The local policy shall do all of the following:

(A) Prioritize lowest income families first.

(B) Follow the family fee schedule established pursuant to
subdivision (f) of Section 8263 for those families that are income
eligible, as defined by Section 8263.1.

(C) Meet local goals that are consistent with the state’s begin delete child
care end delete goals.

(D) Identify existing policies that would be affected by the
county’s begin delete child care end delete subsidy plan.

(E) (i) Authorize any agency that provides begin delete child care and
development end delete begin insert early learning and educational support end insert services in
San Mateo County through a contract with the department to apply
to the department to amend existing contracts in order to benefit
from the local policy once it is adopted.

(ii) The department shall approve an application to amend an
existing contract if the begin delete child care end delete subsidy plan is approved pursuant
to subdivision (b) of Section 8342, or modified pursuant to
subdivision (c) of Section 8342.

(iii) The contract of a department contractor who does not elect
to request an amendment to its contract remains operative and
enforceable.

(2) (A) The County of San Mateo shall, by the end of the first
fiscal year of operation under the approved begin delete child care end delete subsidy plan,
demonstrate an increase in the aggregate child days of enrollment
in the county as compared to the enrollment in the final quarter of
the 2002-03 fiscal year.

(B) The amount of the increase shall be at least equal to the
aggregate child days of enrollment in the final quarter of the
2002-03 fiscal year for all contracts amended as provided in
subparagraph (E) of paragraph 1, under which the contractor
receives an increase in its reimbursement rate, times 2 percent.

(3) The local policy may supersede state law concerning begin delete child
care end delete subsidy programs with regard only to the following factors:

(A) Eligibility criteria including, but not limited to, age, family
size, time limits, income level, inclusion of former and current
CalWORKs participants, and special needs considerations, except
that the local policy may not deny or reduce eligibility of a family
that qualifies for begin delete child end delete care pursuant to Section 8353. Under the
local policy, a family that qualifies for begin delete child end delete care pursuant to
Section 8354 shall be treated for purposes of eligibility and fees
in the same manner as a family that qualifies for subsidized begin delete child end delete
care on another basis pursuant to the local policy.

(B) Fees including, but not limited to, family fees, sliding scale
fees, and copayments for those families that are not income eligible,
as defined by Section 8263.1.

(C) Reimbursement rates.

(D) Methods of maximizing the efficient use of subsidy funds,
including, but not limited to, multiyear contracting with the
department for begin delete center-based child care end delete begin insert direct classroom services end insert ,
and interagency agreements that allow for flexible and temporary
transfer of funds among agencies.

(c) Recognition that all funding sources utilized by direct service
contractors that provide begin delete child care and development end delete begin insert early learning
and educational support end insert services in San Mateo County are eligible
to be included in the begin delete child care end delete subsidy plan of the county.

(d) Establishment of measurable outcomes to evaluate the
success of the plan to achieve the county’s begin delete child care end delete goals and to
overcome any barriers identified in the state’s begin delete child care end delete subsidy
system. The Department of Social Services shall have an
opportunity to review and comment on the proposed measurable
outcomes before they are submitted to the local begin delete child care end delete planning
council for approval pursuant to Section 8342.

begin insert

begin insert SEC. 94. end insert   

end insert

begin insert Section 8341.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8341.5.  

To ensure that the annual and final reports required
pursuant to Section 8343 provide useful comparative information,
the Legislative Analyst and the Senate Office of Research shall
review the evaluation design, the baseline data, and the data
collection proposed in the begin delete child care end delete subsidy plan of the county
before the plan is submitted to the local begin delete child care end delete planning council
for approval.

begin insert

begin insert SEC. 95. end insert   

end insert

begin insert Section 8342 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8342.  

(a) The plan shall be submitted to the local begin delete child care end delete
planning council for approval. Upon approval of the plan by the
local begin delete child care end delete planning council, the county board of supervisors
shall hold at least one public hearing on the plan. Following the
hearing, if the county board of supervisors votes in favor of the
plan, the plan shall be submitted to the Child Development Division
of the department for review.

(b) Within 30 days of receiving the plan, the Child Development
Division shall review and either approve or disapprove the plan.

(c) Within 30 days of receiving any modification to the plan,
the Child Development Division shall review and either approve
or disapprove that modification to the plan.

(d) The Child Development Division may disapprove only those
portions of the plan or modifications to the plan that are not in
conformance with this article or that are in conflict with federal
law.

begin insert

begin insert SEC. 96. end insert   

end insert

begin insert Section 8343 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8343.  

(a) Upon approval of the plan by the Child Development
Division, the County of San Mateo shall annually prepare and
submit to the Legislature, the Department of Social Services, and
the department a report that summarizes the success of the pilot
project and the county’s ability to maximize the use of funds and
to improve and stabilize begin delete child end delete care in the county.

(b) On or before December 31, 2008, the County of San Mateo
shall submit a final report to the Legislature, the Department of
Social Services, and the department summarizing the impact of
the plan on the begin delete child end delete care needs of working families.

begin insert

begin insert SEC. 97. end insert   

end insert

begin insert Section 8344 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8344.  

The County of San Mateo may implement its
individualized county begin delete child care end delete subsidy plan until January 1, 2014,
at which date the County of San Mateo shall terminate the plan.
Between January 1, 2014, and January 1, 2016, the County of San
Mateo shall phase out the individualized county begin delete child care end delete subsidy
plan and, as of January 1, 2016, shall implement the state’s
requirements for begin delete child care end delete subsidies. A child enrolling for the first
time for subsidized begin delete child end delete care in San Mateo County after January
1, 2014, shall not be enrolled in the pilot program established
pursuant to this article and is subject to existing state laws and
regulations regarding begin delete child end delete care eligibility and priority.

begin insert

begin insert SEC. 98. end insert   

end insert

begin insert The heading of Article 15.5 (commencing with Section
8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 15.5.  begin delete Child Care for end delete Recipients of the CalWORKs
Program

 

begin insert

begin insert SEC. 99. end insert   

end insert

begin insert Section 8350 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8350.  

(a) It is the intent of the Legislature in enacting this
article to ensure that recipients of aid under Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, and former recipients
who have left aid for employment, are connected as soon as
possible to local begin delete child care end delete resources, make stable begin delete child care end delete
arrangements begin insert for services end insert , and continue to receive subsidized begin delete child
care end delete services after they no longer receive aid as long as they require
those services and meet the eligibility requirements set forth in
Sections 8263 and 8263.1.

(b) This article establishes three stages of child care services
through which a recipient of aid under Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, will pass. Further, as
families’ begin delete child care end delete needs are met by county welfare departments
and later by other local begin delete child care and development end delete begin insert early learning
and educational support end insert contractors, it is the intent of the
Legislature that families experience no break in their begin delete child care end delete
services due to a transition between the three stages of child care
services.

begin insert

begin insert SEC. 100. end insert   

end insert

begin insert Section 8352 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8352.  

(a) As soon as appropriate, a county welfare department
shall refer families needing begin delete child care end delete services to the local begin delete child
care end delete resource and referral program funded pursuant to Article 2
(commencing with Section 8210). Resource and referral program
staff shall colocate with a county welfare department’s case
management offices for aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, or arrange other
means of swift communication with parents and case managers of
this aid. The local begin delete child care end delete resource and referral program shall
assist families to establish stable begin delete child care end delete arrangements as soon
as possible. These begin delete child care end delete arrangements may include licensed
and license-exempt care.

begin insert

(b) The resource and referral agencies in the county shall
provide information regarding high-quality early learning and
educational support options pursuant to subdivision (b) of Section
8214 to alternative payment programs in the county to offer support
services pursuant to Section 8220.5, and if available, provide
information on quality rating and improvement systems.

end insert begin insert

(c) The department shall make informational resources available
to both resource and referral and alternative payment programs
pursuant to subdivision (c) of Section 8214.

end insert begin delete

(b)

end delete

begin insert (d) end insert  A program operating pursuant to this article shall, within
two business days of being notified of a revocation or a temporary
suspension order for a licensed child day care facility, do both of
the following:

(1) Terminate payment to the facility.

(2) Notify each parent and the facility in writing that payment
has been terminated and the reason for the termination.

begin delete

(c)

end delete

begin insert (e) end insert  A program operating pursuant to this article shall, upon being
notified that a licensed child care facility has been placed on
probation, provide written notice to each parent utilizing the facility
that the facility has been placed on probation and that the parent
has the option of selecting a different begin delete child day care end delete provider or
remaining with the facility without risk of subsidy payments to
the provider being terminated. The Legislature urges each agency
operating pursuant to this section to provide the written notice
required by this subdivision in the primary language of the parent,
to the extent feasible.

begin insert

begin insert SEC. 101. end insert   

end insert

begin insert Section 8353 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8353.  

(a) The second stage of child care begins when the
county determines that the recipient’s work or approved work
activity is stable or when a recipient is transitioning off of aid and
begin delete child end delete care is available through a local stage two program. Second
stage child care may be provided to a family who elects to receive
a lump-sum diversion payment or diversion services under Section
11266.5 of the Welfare and Institutions Code when a funded space
is not immediately available for the family in third stage. The local
stage two agency shall assist in moving families to stage three as
quickly as feasible. Former CalWORKs recipients are eligible to
receive begin delete child care end delete services in stage one and stage two for up to a
total of no more than 24 months after they leave cash aid, or until
they are otherwise ineligible within that 24-month period. Family
size and income for purposes of determining eligibility and
calculating the family fee shall be determined pursuant to Sections
8263 and 8263.1. A family leaving cash aid under the CalWORKS
program shall receive up to two years of begin delete child end delete care, if otherwise
eligible, as needed to continue the family’s employment. The
provision of the two-year time limit is not intended to limit
eligibility for begin delete child end delete care under Section 8354.

(b) The second stage shall be administered by agencies
contracting with the begin delete State Department of Education end delete begin insert department end insert .
These contractors may be either agencies that have an alternative
payment contract pursuant to Section 8220.1 or county welfare
departments that choose to administer this stage in order to continue
to provide begin delete child care end delete services for recipients or former recipients
of aid. If the county chooses to contract with the department to
provide alternative payment services, this contract shall not
displace, or result in the reduction of an existing contract of, a
current alternative payment program.

begin insert

begin insert SEC. 102. end insert   

end insert

begin insert Section 8354 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8354.  

(a) The third stage of child care begins when a funded
space is available. CalWORKs recipients are eligible for the third
stage of child care. Persons who received a lump-sum diversion
payment or diversion services and former CalWORKs participants
are eligible if they have an income that does not exceed 70 percent
of the state median income pursuant to Section 8263.1. The third
stage shall be administered by programs contracting with the begin delete State
Department of Education end delete begin insert department end insert . Parents’ eligibility for begin delete child
care and development end delete services will be governed by Section 8263
and regulations adopted by the begin delete State Department of Education end delete
begin insert department end insert .

(b) In order to move welfare recipients and former recipients
from their relationship with county welfare departments to
relationships with institutions providing services to working
families, it is the intent of the Legislature that families that are
former recipients of aid, or are transitioning off aid, receive their
begin delete child care end delete assistance in the same fashion as other low-income
working families. Therefore, it is the intent of the Legislature that
families no longer rely on county welfare departments to obtain
begin delete child care end delete subsidies beyond the time they are receiving other
services from the welfare department.

(c) A county welfare department shall not administer the third
stage of child care for CalWORKs recipients except to the extent
to which it delivered those services to families receiving, or within
one year of having received, Aid to Families with Dependent
Children begin delete prior to end delete begin insert before end insert the enactment of this section.

(d) This article does not preclude county welfare departments
from operating an alternative payment program under contract
with the begin delete State Department of Education end delete begin insert department end insert to serve
families referred by child protective services.

begin insert

begin insert SEC. 103. end insert   

end insert

begin insert Section 8355 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8355.  

Child care during the third stage may be funded with
moneys dedicated to current and former recipients of aid under
Chapter 2 (commencing with Section 11200) of Part 3 of Division
9 of the Welfare and Institutions Code, or any successor program,
including the federal funds appropriated to alternative payment
program contractors in the 1996-97 fiscal year using the Budget
Act’s Section 28 process as described in subdivision (b). Nothing
shall prevent begin delete child care end delete services provided under stage three from
being funded with moneys from other federal or state sources.
Nothing in this article shall preclude current and former recipients
of aid under Chapter 2 (commencing with Section 11200) of Part
3 of Division 9 of the Welfare and Institutions Code, or any
successor program, from receiving begin delete child care end delete services pursuant to
other provisions of this chapter.

begin insert

begin insert SEC. 104. end insert   

end insert

begin insert Section 8356 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8356.  

It is the intent of the Legislature that the begin delete State Department
of Education end delete begin insert department end insert work with Head Start and begin insert California end insert
state preschool programs to generate extended-day and evening
care for recipients of aid under Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or any successor program, through recruiting
and training parents to be licensed and license-exempt care
providers and shall facilitate connections between Head Start and
begin insert California end insert state preschool begin insert program end insert contractors and begin delete child care end delete
certificate administrators, including counties and other alternative
payment programs, so that funds available for Sections 8351, 8353,
and 8354 cover the cost of this care.

begin insert

begin insert SEC. 105. end insert   

end insert

begin insert Section 8357 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8357.  

(a) The cost of begin delete child care end delete services provided under this
article shall be governed by regional market rates. Recipients of
begin delete child care end delete services provided pursuant to this article shall be allowed
to choose the begin delete child care end delete services of licensed begin delete child care end delete providers
or begin delete child care end delete providers who are, by law, not required to be licensed,
and the cost of that begin delete child end delete care shall be reimbursed by counties or
agencies that contract with the begin delete State Department of Education end delete
begin insert department end insert if the cost is within the regional market rate. For
purposes of this section, “regional market rate” means care costing
no more than 1.5 market standard deviations above the mean cost
of care for that region. The regional market rate ceilings shall be
established at the 85th percentile of the 2005 regional market rate
survey for that region.

(b) Reimbursement to license-exempt begin delete child care end delete providers shall
not exceed 60 percent of the family child care home rate established
pursuant to subdivision (a), effective July 1, 2011.

(c) Reimbursement to begin delete child care end delete providers shall not exceed the
fee charged to private clients for the same service.

(d) Reimbursement shall not be made for begin delete child care end delete services
begin delete when end delete begin insert if end insert care is provided by parents, legal guardians, or members
of the assistance unit.

(e) A begin delete child care end delete provider located on an Indian reservation or
rancheria and exempted from state licensing requirements shall
meet applicable tribal standards.

(f) For purposes of this section, “reimbursement” means a direct
payment to the provider of begin delete child care end delete services, including
license-exempt providers. If care is provided in the home of the
recipient, payment may be made to the parent as the employer,
and the parent shall be informed of his or her concomitant legal
and financial reporting requirements. To allow time for the
development of the administrative systems necessary to issue direct
payments to providers, for a period not to exceed six months from
the effective date of this article, a county or an alternative payment
agency contracting with the begin delete State Department of Education end delete
begin insert department end insert may reimburse the cost of begin delete child care end delete services through
a direct payment to a recipient of aid rather than to the begin delete child care end delete
provider.

(g) Counties and alternative payment programs shall not be
bound by the rate limits described in subdivision (a) begin delete when end delete begin insert if end insert there
are, in the region, no more than two begin delete child care end delete providers of the
type needed by the recipient of begin delete child care end delete services provided under
this article.

(h) Notwithstanding any other begin delete provision of end delete law, reimbursements
to begin delete child care end delete providers based upon a daily rate may only be
authorized under either of the following circumstances:

(1) A family has an unscheduled but documented need of six
hours or more per occurrence, such as the parent’s need to work
on a regularly scheduled day off, that exceeds the certified need
for begin delete child end delete care.

(2) A family has a documented need of six hours or more per
day that exceeds no more than 14 days per month. In no event shall
reimbursements to a provider based on the daily rate over one
month’s time exceed the provider’s equivalent full-time monthly
rate or applicable monthly ceiling.

(3) This subdivision shall not limit providers from being
reimbursed for services using a weekly or monthly rate, pursuant
to subdivision (c) of Section 8222.

begin insert

begin insert SEC. 106. end insert   

end insert

begin insert Section 8358 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8358.  

(a)  begin delete By January 31, 1998, the State Department of
Education end delete begin insert The department end insert and the State Department of Social
Services shall design a form for license-exempt begin delete child care end delete providers
to use for certifying health and safety requirements to the extent
required by federal law. Until the form is adopted, the information
required pursuant to Section 11324 of the Welfare and Institutions
Code shall continue to be maintained by the county welfare
department or contractor, as appropriate.

(b)  begin delete By January 31, 1998, the State Department of Education end delete
begin insert The department end insert and the State Department of Social Services shall
do both of the following:

(1) Design a standard process for complaints by parents about
the provision of begin delete child end delete care that is exempt from licensure.

(2) Design, in consultation with local planning councils, a single
application for all begin delete child care end delete begin insert early learning and educational support end insert
programs and all families.

(c) (1) County welfare departments and alternative payment
programs shall encourage all providers who are licensed or who
are exempt from licensure and who are providing care under
Section 8351, 8353, or 8354, to secure training and education in
basic child development.

(2)  begin delete Child care provider end delete begin insert Provider end insert job training provided to
CalWORKs recipients that is funded by either the begin delete State Department
of Education end delete begin insert department end insert or the State Department of Social Services
shall include information on becoming a licensed begin delete child care end delete
provider.

(d) The begin delete State Department of Education end delete begin insert department end insert shall increase
consumer education and consumer awareness activities so that
parents will have the information needed to seek begin delete child care of high
quality end delete begin insert high-quality services end insert . begin delete High quality child care end delete begin insert High-quality
services end insert shall include both licensed and license-exempt care.

begin insert

begin insert SEC. 107. end insert   

end insert

begin insert Section 8358.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8358.5.  

Notwithstanding any other confidentiality requirement,
the government or private agency administering subsidized begin delete child end delete
care services shall share information necessary for the
administration of the begin delete child care end delete programs pursuant to this article
and the CalWORKs program pursuant to Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code, for the time period for which the person receives
begin delete child care end delete begin insert services end insert .

begin insert

begin insert SEC. 108. end insert   

end insert

begin insert Section 8359.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8359.1.  

(a) It is the intent of the Legislature in enacting this
article to provide sufficient funding through an appropriation in
the annual Budget Act to fund the estimated cost of providing begin delete child end delete
care for all individuals who are anticipated to need begin delete child end delete care to
participate in the welfare-to-work programs and to transition to
work.

begin delete

(b) It is the intent of the Legislature that child care and
development contracts in existence on the effective date of this
section be allowed to continue until the end of the 1997-98 fiscal
year.

(c)

end delete

begin insert (b) end insert  Funding for purposes of implementing this article shall be
appropriated in the annual Budget Act.

begin insert

begin insert SEC. 109. end insert   

end insert

begin insert The heading of Article 16 (commencing with Section
8360) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 16.  begin delete Child Development Program end delete begin insert Early Learning and
Educational Support end insert Personnel Qualifications

 

begin insert

begin insert SEC. 110. end insert   

end insert

begin insert Section 8360 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8360.  

(a)  begin delete (1) end delete begin delete   end delete begin delete Child development end delete begin insert Early learning and
educational support end insert programs shall include a career ladder begin delete program end delete
for begin delete classroom end delete begin insert instructional end insert staff. begin delete Persons who are 18 years of age
and older may be employed as aides and may be eligible for salary
increases upon the completion of additional semester units in early
childhood education or child development. end delete The governing board
of each contracting agency shall be encouraged to provide begin delete teachers end delete
begin insert instructional staff end insert and aides with salary increases for the successful
completion of early childhood education or child development
begin delete courses in six semester unit increments end delete begin insert unit-based coursework
and degrees end insert .

begin delete

(2) Persons employed as teachers shall possess a permit issued
by the Commission on Teacher Credentialing authorizing service
in the care, development, and instruction of children in a child care
and development program.

end delete

(b) Any person who meets the following criteria is eligible to
serve in an instructional capacity in begin delete a child care and development end delete
begin insert an early learning and educational support end insert program:

begin delete

(1) Possesses a current credential issued by the Commission on
Teacher Credentialing authorizing teaching service in elementary
school or a single subject credential in home economics.

end delete begin delete

(2) Twelve units in early childhood education or child
development, or both, or two years’ experience in early childhood
education or a child care and development program.

end delete begin insert

(1) Any person serving as a teacher in an early learning and
educational support program providing direct classroom services
shall possess a permit or credential issued by the Commission on
Teacher Credentialing, including, but not limited to, one of the
following:

end insert begin insert

(A) An associate teacher permit, or higher, authorizing service
in the care, development, and instruction of children in early
learning and educational support programs.

end insert begin insert

(B) A multiple subject credential with an authorization to teach
prekindergarten through grade 12, inclusive, in a self-contained
classroom.

end insert begin insert

(C) An elementary or a single subject credential in home
economics. Teachers with an elementary or single subject
credential must also have completed 12 semester units in early
childhood education or child development, or both, or have two
years’ experience in early childhood education or an early learning
and educational support program.

end insert begin insert

(2) Persons who are 18 years of age and older may be employed
as aides and may be eligible for salary increases upon the
completion of additional semester units in early childhood
education or child development.

end insert

begin insert

begin insert SEC. 111. end insert   

end insert

begin insert Section 8360.1 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

8360.1.  

Except as waived under Section 8242 and except as
stated in Section 18203 of Title 5 of the California Code of
Regulations regarding program directors in schoolage community
child care services programs, any entity operating child care and
development programs providing direct services to children, as
defined in Section 8244, at two or more sites, shall employ a
program director who possesses one of the following:

(a) A permit issued by the Commission on Teacher Credentialing
authorizing supervision of a child care and development program
operating in multiple sites.

(b) Any person who meets the following criteria is eligible to
supervise a child care and development program operating in
multiple sites and serve in an instructional capacity in a child care
and development program:

(1) Possesses a current credential issued by the Commission on
Teacher Credentialing authorizing teaching service in elementary
school or a single subject credential in home economics.

(2) Six units in administration and supervision of early childhood
education or child development, or both. The requirement set forth
in this paragraph does not apply to any person who was employed
as a program director prior to January 1, 1993, in a child care and
development program receiving funding under this chapter.

(3) Twelve units in early childhood education or child
development, or both, or at least two years’ experience in early
childhood education or a child care and development program.

(c) A waiver issued by the Superintendent of Public Instruction
pursuant to Section 8244.

This section shall become operative on January 1, 1997.

end delete

begin insert

begin insert SEC. 112. end insert   

Section 8360.1 is added to the Education Code, to
read:

begin insert 8360.1. end insert   

Except as waived under Section 8242 and except as
stated in Section 18203 of Title 5 of the California Code of
Regulations regarding program directors in schoolage community
services programs, any entity operating early learning and
educational support programs providing direct classroom services
to children, pursuant to Article 5 (commencing with Section 8228),
at two or more sites, shall employ a program director who
possesses a permit or credential issued by the Commission on
Teacher Credentialing authorizing supervision of a child care and
development program, including, but not limited to:

(a) An administrative credential.

(b) A children’s center supervision permit.

(c) A program director permit.

(d) A waiver issued by the Superintendent pursuant to Section
8244.

end insert

begin insert

begin insert SEC. 113. end insert   

end insert

begin insert Section 8360.2 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8360.2.  

Not later than 95 days after the governing board of a
public agency sets the date a person employed by that board shall
begin service in a position requiring a begin delete children’s center
instructional end delete begin delete permit or a children’s center supervision end delete permit begin insert or
credential end insert , that person shall file, on or before that date, with the
county superintendent of schools a valid permit issued on or before
that date, authorizing him or her to serve in a position for which
he or she was employed. Upon renewal of that permit, that person
shall file that renewal with the county superintendent of schools
no later than 95 days after the renewal.

begin insert

begin insert SEC. 114. end insert   

end insert

begin insert The heading of Article 17 (commencing with Section
8390) of Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 17.  Infant begin delete Care and Development end delete begin insert and Toddler end insert Services

 

begin insert

begin insert SEC. 115. end insert   

end insert

begin insert Section 8390 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8390.  

The Superintendent begin delete of Public Instruction end delete may, with funds
appropriated for begin delete such end delete begin insert that end insert purpose, enter into agreements with
school districts or community college districts or county
superintendents of schools for the establishment and maintenance
of begin insert early learning and educational support end insert programs for begin delete the care
and development of end delete infants, and the training of begin delete students end delete begin insert pupils end insert in
their roles as parents, as part of the high school program.

begin insert

begin insert SEC. 116. end insert   

end insert

begin insert Section 8392 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8392.  

Infant begin delete care and development end delete begin insert early learning and
educational support end insert services include, but are not limited to, the
following:

(a) Supervision and group care, providing for the physical and
emotional needs of the infant in a manner begin delete which end delete begin insert that end insert conveys
concern and engenders trust.

(b) Educational stimulation from the earliest development stages
onward.

(c)  begin delete Health end delete begin insert Development and health end insert screening and treatment.

begin insert

begin insert SEC. 117. end insert   

end insert

begin insert Section 8394 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8394.  

begin insert (a) end insert begin insert   end insert In school districts maintaining more than one high
school, the governing board, after soliciting the opinions of begin delete student end delete
begin insert pupil end insert parents and other interested persons, shall determine the
location of the infant begin delete care and development end delete center.

begin delete

Infant care and development

end delete

begin insert (b) end insert begin insert   end insert begin insert Infant end insert centers shall be located within high school buildings
or within that proximity to high school buildings as would ensure
convenient access by begin delete student end delete begin insert pupil end insert parents and other begin delete students. end delete
begin insert pupils. end insert

begin insert

begin insert SEC. 118. end insert   

end insert

begin insert Section 8395 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8395.  

To the extent funds are available, federal reimbursement
shall be claimed for any child receiving services in the infant begin delete care
and development end delete begin insert early learning and educational support end insert program.

begin insert

begin insert SEC. 119. end insert   

end insert

begin insert Section 8397 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8397.  

(a) Notwithstanding any other law, infants whose parent
or parents are high school begin delete students end delete begin insert pupils end insert may attend infant begin delete care
and development end delete centers while their parents attend high school.

(b) Notwithstanding any other law, begin delete commencing January 1,
1986, end delete the Superintendent begin delete of Public Instruction end delete may enter into an
agreement pursuant to Section 8390 permitting infants whose
parent or parents are begin delete students end delete begin insert pupils end insert in grades 7 and 8 to attend
infant begin delete care and development end delete centers while their parents attend
school.

begin insert

begin insert SEC. 120. end insert   

end insert

begin insert Section 8400 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8400.  

It has come to the attention of the Legislature that:

(a) Existing law does not provide for an administrative appeal
procedure to review and resolve disputes between the begin delete State
Department of Education end delete begin insert department end insert and the over 750 local
contracting agencies begin delete which end delete begin insert that end insert contract with the department to
provide begin delete child care end delete begin insert early learning and educational support end insert services
to low-income families in California.

(b) All disputes are currently resolved in the already
overburdened California courts resulting in a time-consuming and
costly process for both the contract agency and the department.
Extensive funds have been expended by the begin delete State Department of
Education end delete begin insert department end insert for those purposes.

(c) The presence of public and private agencies, small as well
as large, in the subsidized begin delete child end delete care delivery system provides
client families with a range of desirable services, and cost-effective
service mechanisms.

(d) The presence of an efficient administrative appeal procedure
will ensure program stability and encourage retention in the
delivery system of a range of service-providing agencies.

begin insert

begin insert SEC. 121. end insert   

end insert

begin insert Section 8401 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8401.  

It is the intent of the Legislature to authorize an appeal
process for the resolution of disputes between the begin delete State Department
of Education end delete begin insert department end insert and local agencies begin delete which end delete begin insert that end insert contract
with the begin delete Department of Education end delete begin insert department end insert pursuant to Section
8262 to provide begin delete child care and development end delete begin insert early learning and
educational support end insert services or to furnish property, facilities,
personnel, supplies, equipment and administrative services.

begin insert

begin insert SEC. 122. end insert   

end insert

begin insert Section 8402 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8402.  

The begin delete State Department of Education end delete begin insert department end insert shall
provide an independent appeal procedure to each contracting
agency providing begin delete child care and development end delete begin insert early learning and
educational support end insert services pursuant to Section 8262. begin delete Prior to end delete
begin insert Before end insert filing an appeal petition, the contracting agency shall have
submitted all previously required standard monthly or quarterly
reporting forms to the begin delete State Department of Education end delete begin insert department end insert .
The appeal procedure shall be conducted by the Office of
Administrative Hearings and shall be provided upon petition of
the contracting agency in any of the following circumstances:

(a) Termination or suspension of a contracting agency’s contract.

(b) Denial of more than 4 percent or twenty-five thousand dollars
($25,000), whichever is less, of a local contracting agency’s
contracted payment for services schedule.

(c) Demand for remittance of an overpayment of more than 4
percent or twenty-five thousand dollars ($25,000), whichever is
less, of a local contracting agency’s annual contract.

begin insert

begin insert SEC. 123. end insert   

end insert

begin insert Section 8406.7 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8406.7.  

(a) Any agency that evidences chronic fiscal or
program violations of a felony nature may have its contract
suspended or terminated immediately begin delete , provided end delete begin insert if end insert there is
documented evidence begin delete thereof end delete begin insert of these violations end insert , and upon review
and recommendation of the general counsel of the begin delete State Department
of Education end delete begin insert department end insert . A fiscal or programmatic violation
constituting a breach of contract includes one or more of the
following:

(1) Fraud, or conspiracy to defraud.

(2) Misuse of state funds in violation of the State of California
Accounting Manual.

(3) Embezzlement.

(4) Threats of bodily or other harm to state officials.

(5) Bribery or attempted bribery of a state official.

(6) Unsafe or unhealthy physical environment or facility.

(7) Substantiated abuse or molestation of children.

(8) Failure to report suspected child abuse or molestation.

(9) Theft of supplies, equipment or food.

(b) An agency contract terminated for cause retains appeal rights
in accordance with Section 8402.

(c) The begin delete State Department of Education end delete begin insert department end insert shall advise
begin delete child care and development end delete contractors of the begin delete provision end delete begin insert provisions end insert
of this section within 30 working days of its enactment.

begin insert

begin insert SEC. 124. end insert   

end insert

begin insert Section 8447 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8447.  

(a) The Legislature hereby finds and declares that greater
efficiencies may be achieved in the execution of state subsidized
begin delete child care and development end delete begin insert early learning and educational support end insert
program contracts with public and private agencies by the timely
approval of contract provisions by the Department of Finance, the
Department of General Services, and the State Department of
Education and by authorizing the State Department of Education
to establish a multiyear application, contract expenditure, and
service review as may be necessary to provide timely service while
preserving audit and oversight functions to protect the public
welfare.

(b) (1) The Department of Finance and the Department of
General Services shall approve or disapprove annual contract
funding terms and conditions, including both family fee schedules
and regional market rate schedules that are required to be adhered
to by contract, and contract face sheets submitted by the State
Department of Education not more than 30 working days from the
date of submission, unless unresolved conflicts remain between
the Department of Finance, the State Department of Education,
and the Department of General Services. The State Department of
Education shall resolve conflicts within an additional 30 working
day time period. Contracts and funding terms and conditions shall
be issued to begin delete child care end delete contractors no later than June 1. Applications
for new child care funding shall be issued not more than 45
working days after the effective date of authorized new allocations
of child care moneys.

(2) Notwithstanding paragraph (1), the State Department of
Education shall implement the regional market rate schedules
based upon the county aggregates, as determined by the Regional
Market survey conducted in 2005.

(3) Notwithstanding paragraph (1), for the 2006-07 fiscal year,
the State Department of Education shall update the family fee
schedules by family size, based on the 2005 state median income
survey data for a family of four. The family fee schedule used
during the 2005-06 fiscal year shall remain in effect. However,
the department shall adjust the family fee schedule for families
that are newly eligible to receive or will continue to receive services
under the new income eligibility limits. The family fees shall not
exceed 10 percent of the family’s monthly income.

(4) Notwithstanding any other law, the family fee schedule that
was in effect for the 2007-08, 2008-09, 2009-10, and 2010-11
fiscal years shall be adjusted to reflect the income eligibility limits
specified in subdivision (b) of Section 8263.1 for the 2011-12
fiscal year, and shall retain a flat fee per family. The revised family
fee schedule shall begin at income levels at which families
currently begin paying fees. The revised family fees shall not
exceed 10 percent of the family’s monthly income. The State
Department of Education shall first submit the adjusted fee
schedule to the Department of Finance for approval in order to be
implemented by July 1, 2011.

(5) Notwithstanding any other law, the family fee schedule that
was in effect for the 2011-12 fiscal year pursuant to paragraph (4)
shall remain in effect for the 2012-13 fiscal year, and shall retain
a flat fee per family.

(6) It is the intent of the Legislature to fully fund the third stage
of child care for former CalWORKs recipients.

(c) With respect to subdivision (b), it is the intent of the
Legislature that the Department of Finance annually review
contract funding terms and conditions for the primary purpose of
ensuring consistency between child care contracts and the child
care budget. This review shall include evaluating any proposed
changes to contract language or other fiscal documents to which
the contractor is required to adhere, including those changes to
terms or conditions that authorize higher reimbursement rates, that
modify related adjustment factors, that modify administrative or
other service allowances, or that diminish fee revenues otherwise
available for services, to determine if the change is necessary or
has the potential effect of reducing the number of full-time
equivalent children that may be served.

(d) Alternative payment begin delete child care systems, end delete begin insert programs, end insert as set
forth in Article 3 (commencing with Section 8220), shall be subject
to the rates established in the Regional Market Rate Survey of
California Child Care Providers for provider payments. The State
Department of Education shall contract to conduct and complete
a Regional Market Rate Survey no more frequently than once every
two years, consistent with federal regulations, with a goal of
completion by March 1.

(e) By March 1 of each year, the Department of Finance shall
provide to the State Department of Education the State Median
Income amount for a four-person household in California based
on the best available data. The State Department of Education shall
adjust its fee schedule for begin delete child care end delete providers to reflect this
updated state median income; however, no changes based on
revisions to the state median income amount shall be implemented
midyear.

(f) Notwithstanding the June 1 date specified in subdivision (b),
changes to the regional market rate schedules and fee schedules
may be made at any other time to reflect the availability of accurate
data necessary for their completion, provided these documents
receive the approval of the Department of Finance. The Department
of Finance shall review the changes within 30 working days of
submission and the State Department of Education shall resolve
conflicts within an additional 30 working day period. Contractors
shall be given adequate notice begin delete prior to end delete begin insert before end insert the effective date of
the approved schedules. It is the intent of the Legislature that
contracts for services not be delayed by the timing of the
availability of accurate data needed to update these schedules.

(g) Notwithstanding any other begin delete provision of end delete law, no family
receiving CalWORKs cash aid may be charged a family fee.

begin insert

begin insert SEC. 125. end insert   

end insert

begin insert Section 8448 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8448.  

As used in this article:

(a) “Financial and compliance audit” means a systematic review
or appraisal to determine each of the following:

(1) Whether the financial statements of an audited organization
fairly present the financial position and the results of financial
operations in accordance with generally accepted accounting
principles.

(2) Whether the organization has complied with laws and
regulations that may have a material effect upon the financial
statements.

(b) “Public accountants” means certified public accountants, or
state licensed public accountants.

(c) “Independent auditors” means public accountants who have
no direct or indirect relationship with the functions or activities
being audited or with the business conducted by any of the officials
or contractors being audited.

(d) “Generally accepted auditing standards” means the auditing
standards set forth in the financial and compliance element of the
“Government Auditing Standards” issued by the Comptroller
General of the United States and incorporating the audit standards
of the American Institute of Certified Public Accountants.

(e) “Direct service contract” means any contract with any public
or private entity for begin delete child care and development end delete begin insert early learning
and educational support end insert programs, resource and referral programs,
and programs contracting to provide support services begin insert , end insert as defined
in Section 8208.

(f) “Nonprofit organization” means an organization described
in Section 501(c)(3) of the Internal Revenue Code of 1954 which
is exempt from taxation under Section 501(a) of that code, or any
nonprofit, scientific, or educational organization qualified under
Section 23701d of the Revenue and Taxation Code.

(g)  begin insert (1) end insert begin insert   end insert Annually, there shall be a single independent financial
and compliance audit of organizations that contract with the state
under a direct service contract. Any such audit shall include an
evaluation of the accounting and control systems of the direct
service contractor and of the activities by the contractor to comply
with the financial requirements of direct service contracts received
by the contractor from the state agency. The financial and
compliance requirements to be reviewed during the audit shall be
those developed and published by the begin delete State Department of
Education end delete begin insert department end insert in consultation with the Department of
Finance. Audits carried out pursuant to this section shall be audits
of the contractor rather than audits of individual contracts or
programs. In the case of any contractor that receives less than
twenty-five thousand dollars ($25,000) per year from any state
agency, the audit required by this section shall be conducted
biennially, unless there is evidence of fraud or other violation of
state law in connection with the direct service contract. The cost
of the audit may be included in direct service contracts.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert organization receiving funds from the state shall be
responsible for obtaining the required financial and compliance
audits of the organization and any subcontractors, except for direct
service subcontracts and other subcontracts exempt from begin delete State
Department of Education end delete begin insert department end insert review, as agreed to by the
Departments of Finance and General Services. The audits shall be
made by independent auditors in accordance with generally
accepted auditing standards. The audit shall be completed by the
15th day of the fifth month following the end of the contractor’s
fiscal year. A copy of the required audit shall be filed with the
begin delete State Department of Education end delete begin insert department end insert upon its completion.
In the event an audit is not filed, the begin delete State Department of Education end delete
begin insert department end insert shall notify the organization of the contract violation.
The audit report filed shall be an integral part of the direct service
contract file.

(h) (1) Nothing in this article limits the authority of the begin delete State
Department of Education end delete begin insert department end insert to make audits of direct
service contracts. However, if independent audits arranged for by
direct service contractors meet generally accepted auditing
standards, the begin delete State Department of Education end delete begin insert department end insert shall
rely on those audits and any additional audit work shall build upon
the work already done.

(2) Nothing in this article precludes the state from conducting,
or contracting for the conduct of, contract performance audits
which are not financial and compliance audits.

(3) Nothing in this article limits the state’s responsibility or
authority to enforce state law or regulations, procedures, or
reporting requirements arising pursuant thereto.

(4) Nothing in this article limits the responsibility of the begin delete State
Department of Education end delete begin insert department end insert to provide an independent
appeal procedure according to the provisions of the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2) of the Government Code.

begin insert

begin insert SEC. 126. end insert   

end insert

begin insert Section 8450 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8450.  

(a) All begin delete child development end delete begin insert early learning and educational
support end insert contractors are encouraged to develop and maintain a
reserve within the child development fund, derived from earned
but unexpended funds. begin delete Child development contractors end delete begin insert Contractors end insert
may retain all earned funds. For the purpose of this section, “earned
funds” are those for which the required number of eligible service
units have been provided.

(b) (1) Earned funds shall not be expended for any activities
proscribed by Section 8406.7. Earned but unexpended funds shall
remain in the contractor’s reserve account within the child
development fund and shall be expended only by direct begin insert classroom end insert
service begin delete child development end delete programs that are funded under contract
with the department.

(2) Commencing July 1, 2011, a contractor may retain a reserve
fund balance, separate from the reserve fund retained pursuant to
subdivision (c) or (d), equal to 5 percent of the sum of the
maximum reimbursable amounts of all contracts to which the
contractor is a party, or two thousand dollars ($2,000), whichever
is greater. This paragraph applies to direct begin insert classroom end insert service begin delete child
development end delete programs that are funded under contract with the
department.

(c) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for a resource and referral program,
separate from the balance retained pursuant to subdivision (b) or
(d), not to exceed 3 percent of the contract amount. Funds from
this reserve account may be expended only by resource and referral
programs that are funded under contract with the department.

(d) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for alternative payment model and
certificate begin delete child care end delete contracts, separate from the reserve fund
retained pursuant to subdivisions (b) and (c). Funds from this
reserve account may be expended only by alternative payment
model and certificate begin delete child care end delete programs that are funded under
contract with the department. The reserve amount allowed by this
section may not exceed either of the following, whichever is
greater:

(1) Two percent of the sum of the parts of each contract to which
that contractor is a party that is allowed for administration pursuant
to Section 8276.7 and that is allowed for supportive services
pursuant to the provisions of the contract.

(2) One thousand dollars ($1,000).

(e) Each contractor’s audit shall identify any funds earned by
the contractor for each contract through the provision of contracted
services in excess of funds expended.

(f) Any interest earned on reserve funds shall be included in the
fund balance of the reserve. This reserve fund shall be maintained
in an interest-bearing account.

(g) Moneys in a contractor’s reserve fund may be used only for
expenses that are reasonable and necessary costs as defined in
subdivision begin delete (n) end delete begin insert (l) end insert of Section 8208.

(h) Any reserve fund balance in excess of the amount authorized
pursuant to subdivisions (b), (c), and (d) shall be returned to the
department pursuant to procedures established by the department.

(i) Upon termination of all begin delete child development end delete begin insert early learning
and educational support end insert contracts between a contractor and the
department, all moneys in a contractor’s reserve fund shall be
returned to the department pursuant to procedures established by
the department.

(j) Expenditures from, additions to, and balances in, the reserve
fund shall be included in the agency’s annual financial statements
and audit.

begin insert

begin insert SEC. 127. end insert   

end insert

begin insert Section 8493 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8493.  

It is the intent of the Legislature that funds be
appropriated for capital outlay for purposes of providing facilities
for begin delete child care and development end delete services provided pursuant to this
chapter, including, but not limited to, all of the following purposes:

(a) For the purchase of relocatable facilities by the state for lease
to qualifying contracting agencies in areas with no available
economically practical or feasible child care and development
facilities.

(b) For renovation and repair of child care and development
facilities in order to comply with state and local health and safety
standards and licensing requirements, without unnecessarily
increasing the value of the facility.

begin insert

begin insert SEC. 128. end insert   

end insert

begin insert Section 8494 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8494.  

(a) All of the following begin delete child care and development end delete
programs, other than those providing extended begin delete day end delete care services,
shall be eligible to receive a loan for the renovation and repair of
facilities used for the program or to lease relocatable facilities to
be used for the program:

(1) Private nonprofit begin delete child care and development end delete programs
currently, or soon to be, under contract with the begin delete State Department
of Education end delete begin insert department end insert pursuant to Section 8262.

(2)  begin delete Child care and development end delete begin insert Early learning and educational
support end insert programs conducted pursuant to Article 4 (commencing
with Section 8225).

(3)  begin delete Child care and development end delete begin insert Early learning and educational
support end insert programs operated by, or in a facility owned by, a public
entity.

(4)  begin delete Child care and development end delete begin insert Early learning and educational
support end insert programs conducted pursuant to Article 7.1 (commencing
with Section 54740) of Chapter 9 of Part 29.

(b) A recipient of a loan pursuant to this section shall document
that the renovated facility shall comply with all laws and
regulations applicable to child care facilities provided for pursuant
to Chapter 3.4 (commencing with Section 1596.70) and Chapter
3.5 (commencing with Section 1596.90) of Division 2 of the Health
and Safety Code.

(c) A recipient of a loan pursuant to this section shall assure the
board that the renovated facility shall be used for begin delete the end delete purposes of
the begin delete child care and development end delete program for the entire loan period,
which shall be determined by the board as follows:

(1) For loans equal to or less than thirty thousand dollars
($30,000), not less than three years.

(2) For loans exceeding thirty thousand dollars ($30,000), the
loan period shall increase one year for each additional ten thousand
dollars ($10,000) or part thereof, to a maximum of fifty thousand
dollars ($50,000).

(d) Interest on the loan principal shall be charged at a rate equal
to the average of the interest rate applied to the last three bond
sales pursuant to Chapter 21.6 (commencing with Section 17695)
of Part 10.

(e) In the event that a recipient ceases to use the renovated
facility for purposes of the begin delete child care and development end delete program
begin delete prior to end delete begin insert before end insert the expiration of the loan period, the board shall
collect the entire outstanding balance of the loan, plus interest,
notwithstanding the loan period originally set pursuant to
subdivision (c), unless the board deems it appropriate to waive
repayment at that time.

(f) If the renovated facility has been continuously used for
purposes of the begin delete child care and development end delete program for the entire
loan period, the board shall waive repayment of the amount of the
loan principal, plus interest, at the end of the loan period.

begin insert

begin insert SEC. 129. end insert   

end insert

begin insert Section 8495 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8495.  

(a) There is hereby created in the State Treasury the
State Child Care Capital Outlay Fund. Notwithstanding Section
13340 of the Government Code, all moneys in the State Child Care
Capital Outlay Fund, including moneys deposited in that fund from
any source whatsoever, shall be continuously appropriated without
regard to fiscal year for expenditure pursuant to begin delete the provisions of end delete
this article. The fund shall be administered by the State Allocation
Board, which may authorize the expenditure of any moneys in the
fund for capital outlay projects pursuant to Section 8277.7 or this
article. Funds in the State Child Care Facilities Fund set aside for
the purposes of providing extended day care facilities pursuant to
Section 8477 shall be transferred to the State Child Care Capital
Outlay Fund upon the effective date of the act amending this
section in the 1997-98 Regular Session.

(b) The Superintendent begin delete of Public Instruction end delete shall establish the
qualifications to determine the eligibility of begin delete child care and
development end delete agencies, including those that provide preschool and
extended day care services, to lease relocatable facilities under
this section.

(c) Although primary use of relocatable facilities shall be for
begin delete child care and development end delete begin insert early learning and educational support end insert
programs, including preschool and extended day care programs,
those facilities may be used for other purposes if the following
conditions are met:

(1) The alternative use of the facility does not infringe upon the
accessibility of begin delete child care and development end delete begin insert early learning and
educational support end insert programs including preschool or extended
day care programs.

(2) The Superintendent begin delete of Public Instruction end delete authorizes
alternative use as being compatible with begin delete child care and
development end delete begin insert early learning and educational support end insert programs,
including preschool or extended day care programs.

(d) The State Allocation Board, with the advice of the
Superintendent begin delete of Public Instruction end delete , may do all of the following:

(1) Establish any procedures and policies in connection with
the administration of this section that it deems necessary.

(2) Adopt any rules and regulations for the administration of
this section requiring those procedures, forms, and information
that it deems necessary.

(3) Have constructed, furnished, equipped, or otherwise require
whatever work is necessary to place relocatable facilities for begin delete child
care and development end delete begin insert early learning and educational support end insert
services, including preschool and extended day care services where
needed.

(e) The board shall lease relocatable facilities to qualifying
agencies providing begin delete child care and development end delete begin insert early learning and
educational support end insert services, including preschool or extended day
care services, and shall charge rent of one dollar ($1) per year. The
board shall require lessees to undertake all necessary maintenance,
repairs, renewal, and replacement to ensure that a project is at all
times kept in good repair, working order, and condition. All costs
incurred for this purpose shall be borne by the lessee. Neither the
board nor the state shall assume any responsibility for utility
services costs other than initial installation costs reimbursed under
this article, and the agency shall provide adequate safeguards to
protect the state’s interest in this regard.

(f) The board shall require lessees to insure at their own expense
for the benefit of the state, any leased relocatable facility that is
the property of the state, against any risks, including liability from
the use thereof, in the amounts the board deems necessary to protect
the interests of the state. Neither the board nor the state shall
assume any responsibility for utility services costs other than initial
installation costs reimbursed under this article, and the agency
shall provide adequate safeguards to protect the state’s interest in
this regard.

(g) No relocatable facilities shall be made available to an agency
unless the agency furnishes evidence, satisfactory to the board,
that the agency has no other facility available for rental, lease, or
purchase in the geographic service area that is economically or
otherwise feasible.

(h) The board shall have prepared for its use, performance
specifications for relocatable facilities and bids for their
construction that can be solicited from more than one responsible
bidder. The board shall from time to time solicit bids from, and
award to, the lowest responsible competitive bidder, contracts for
the construction or purchase of relocatable facilities that have been
approved for lease to eligible agencies that provide begin delete child care and
development end delete begin insert early learning and educational support end insert services,
including preschool or extended day care services.

(i) If at any time the board determines that a lessees’ need for
particular relocatable facilities that were made available to the
lessee pursuant to this article has ceased, the board may take
possession of the relocatable facilities and may lease them to other
eligible contracting agencies, or, if there is no longer a need for
the relocatable facilities, the board may dispose of them to public
or private parties in the manner it deems to be in the best interests
of the state.

(j) If a lessee uses a particular relocatable facility for only a
portion of the year, the board may enter into a second lease with
a public or private party for the use of that facility for the portion
of the year during which the facility would otherwise be unused,
in the manner it deems to be in the best interests of the state. The
lessee shall be subject to subdivisions (d) and (f).

begin insert

begin insert SEC. 130. end insert   

end insert

begin insert Section 8495.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8495.1.  

(a) The State Allocation Board shall establish
regulations for the allocation of funds for capital outlay and for
the reimbursement of initial utility installation costs for purposes
of this chapter. The Superintendent begin delete of Public Instruction end delete shall
establish qualifications for determining the eligibility of agencies
providing begin delete child care and development end delete begin insert early learning and
educational support end insert services, including preschool and extended
day care service, to apply for these funds.

(b) Notwithstanding any other begin delete provision of end delete law, except for
Section 8477, priority in funding of capital outlay grants or
relocatables from funds administered pursuant to Section 8277.7
and under this article, shall be determined in the following order:

(1) Programs experiencing emergencies as defined by the
Superintendent begin delete of Public Instruction end delete and the State Allocation
Board.

(2) Facilities lost due to the Class Size Reduction Program
(Chapter 6.10 (commencing with Section 52120) of Part 28).

(3) Expansion of begin delete child care end delete begin insert early learning and educational
support end insert services.

begin insert

begin insert SEC. 131. end insert   

end insert

begin insert Section 8498 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8498.  

(a) The State Allocation Board may use up to 5 percent
of any appropriation for begin delete the end delete purposes of this article to provide
loans to private nonsectarian begin delete child care and development end delete begin insert early
learning and educational support end insert programs not under contract
with the department for renovation and repair of existing program
facilities, in accordance with this section.

(b) The Superintendent shall establish qualifications to determine
the eligibility of begin delete child care end delete agencies for loans pursuant to this
section.

(c) The board, with any necessary assistance from the
Superintendent, may do any of the following:

(1) Establish procedures and policies in connection with the
administration of this section it deems necessary.

(2) Adopt rules and regulations for the administration of this
section requiring procedure, forms, and information it deems
necessary.

(d) A recipient of a loan pursuant to this section shall do all of
the following:

(1) Document that the renovated facility shall comply with all
laws and regulations applicable to child care facilities provided
for pursuant to Chapter 3.4 (commencing with Section 1596.70)
and Chapter 3.5 (commencing with Section 1596.90) of Division
2 of the Health and Safety Code.

(2) Demonstrate to the satisfaction of the board that it will have
sufficient revenues to pay the principal and interest on the loan
and to maintain the operation of the child care facility.

(e) A recipient of a loan pursuant to this section shall assure the
board that the renovated facility shall be used for purposes of the
begin delete child care and development end delete program for the following periods:

(1) For loans equal to or less than thirty thousand dollars
($30,000), not less than three years from the beginning of the loan
period.

(2) For loans exceeding thirty thousand dollars ($30,000), the
fixed period of time shall increase one year for each additional ten
thousand dollars ($10,000) or part thereof, to a maximum of fifty
thousand dollars ($50,000).

(f) The board shall set the period of the loan for each recipient,
up to a maximum of 10 years, based upon the amount of the loan,
the recipient’s ability to repay the loan, and the length of time the
recipient has committed to use the renovated facility for purposes
of the begin delete child care and development end delete program.

(g) Interest on the loan principal shall be charged at a rate equal
to the average of the interest rate applied to the last three bond
sales pursuant to Chapter 21.6 (commencing with Section 17695)
of Part 10.

(h) In the event that a recipient ceases to use the renovated
facility for purposes of the begin delete child care and development end delete program
begin delete prior to end delete begin insert before end insert the expiration of the period specified pursuant to
subdivision (e), the board shall collect the entire outstanding
balance of the loan, plus interest, notwithstanding the loan period
originally set pursuant to subdivision (f).

begin insert

begin insert SEC. 132. end insert   

end insert

begin insert Section 8499 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8499.  

For purposes of this chapter, the following definitions
shall apply:

(a) “Block grant” means the block grant contained in Title VI
of the Child Care and Development Fund, as established by the
federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 begin delete (P.L. end delete begin insert (Public Law end insert 104-193).

(b) “Child care” means all licensed begin delete child care and development end delete
begin insert early learning and educational support end insert services and license-exempt
child care, including, but not limited to, private for-profit programs,
nonprofit programs, and publicly funded programs, for all children
begin delete up to and including 12 end delete begin insert from birth to 13 end insert years of age, including
children with exceptional needs and children from all linguistic
and cultural backgrounds.

(c) “Child care provider” means a person who provides child
care services or represents persons who provide child care services.

(d) “Community representative” means a person who represents
an agency or business that provides private funding for child care
services, or who advocates for child care services through
participation in civic or community-based organizations but is not
a child care provider and does not represent an agency that
contracts with the State Department of Education to provide begin delete child
care and development end delete begin insert early learning and educational support end insert
services.

(e) “Consumer” means a parent or person who receives, or who
has received within the past 36 months, child care services.

(f) “Department” means the State Department of Education.

(g) “Local planning council” means a local begin delete child care and
development end delete begin insert early learning and educational support end insert planning
council as described in Section 8499.3.

(h) “Public agency representative” means a person who
represents a city, county, city and county, or local educational
agency.

begin insert

begin insert SEC. 133. end insert   

end insert

begin insert The heading of Article 2 (commencing with Section
8499.3) of Chapter 2.3 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 2.  Membership and Funding of Local begin delete Child Care and
Development end delete Planning Councils

 

begin insert

begin insert SEC. 134. end insert   

end insert

begin insert Section 8499.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8499.3.  

(a) It is the intent of the Legislature that local begin delete child
care and development end delete planning councils shall provide a forum for
the identification of local priorities for begin delete child care end delete begin insert early learning
and educational support end insert and the development of policies to meet
the needs identified within those priorities.

(b) The county board of supervisors and the county
superintendent of schools shall do both of the following:

(1) Select the members of the local planning council. Before
making selections pursuant to this subdivision, the begin insert county end insert board
of supervisors and the county superintendent of schools shall
publicize their intention to select the members and shall invite
local organizations to submit nominations. In counties in which
the begin insert county end insert superintendent is appointed by the county board of
education, the county board of education may make the
appointment or may delegate that responsibility to the
superintendent.

(2) Establish the term of appointment for the members of the
local planning council.

(c) (1) The local planning council shall be comprised as follows:

(A) Twenty percent of the membership shall be consumers.

(B) Twenty percent of the membership shall be begin delete child care end delete
providers, reflective of the range of begin delete child care end delete providers in the
county.

(C) Twenty percent of the membership shall be public agency
representatives.

(D) Twenty percent of the membership shall be community
representatives, who shall not be begin delete child care end delete providers or agencies
that contract with the department to provide begin delete child care and
development end delete services.

(E) The remaining 20 percent shall be appointed at the discretion
of the appointing agencies.

(2) The begin insert county end insert board of supervisors and the begin insert county end insert
superintendent of schools shall each appoint one-half of the
members. In the case of uneven membership, both appointing
entities shall agree on the odd-numbered appointee.

(d) Every effort shall be made to ensure that the ethnic, racial,
and geographic composition of the local planning council is
reflective of the ethnic, racial, and geographic distribution of the
population of the county.

(e) The begin insert county end insert board of supervisors and county superintendent
of schools may designate an existing begin delete child care end delete planning council
or coordinated child and family services council as the local
planning council, as long as it has or can achieve the representation
set forth in this section.

(f) Upon establishment of a local planning council, the local
planning council shall elect a chair and select a staff.

(g) Each local planning council shall develop and implement a
training plan to provide increased efficiency, productivity, and
facilitation of local planning council meetings. This may include
developing a training manual, hiring facilitators, and identifying
strategies to meet the objectives of the council.

(h) No member of a local planning council shall participate in
a vote if he or she has a proprietary interest in the outcome of the
matter being voted upon.

begin insert

begin insert SEC. 135. end insert   

end insert

begin insert Section 8499.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8499.5.  

(a) The department shall allocate begin delete child care end delete funding
pursuant to Chapter 2 (commencing with Section 8200) based on
the amount of state and federal funding that is available.

(b) By May 30 of each year, upon approval by the county board
of supervisors and the county superintendent of schools, a local
planning council shall submit to the department the local priorities
it has identified that reflect all child care needs in the county. To
accomplish this, a local planning council shall do all of the
following:

(1) Conduct an assessment of child care needs in the county no
less than once every five years. The department shall define and
prescribe data elements to be included in the needs assessment and
shall specify the format for the data reporting. The needs
assessment shall also include all factors deemed appropriate by
the local planning council in order to obtain an accurate picture of
the comprehensive child care needs in the county. The factors
include, but are not limited to, all of the following:

(A) The needs of families eligible for subsidized begin delete child end delete care.

(B) The needs of families not eligible for subsidized begin delete child end delete care.

(C) The waiting lists for programs funded by the department
and the State Department of Social Services.

(D) The need for begin delete child end delete care for children determined by the child
protective services agency to be neglected, abused, or exploited,
or at risk of being neglected, abused, or exploited.

(E) The number of children in families receiving public
assistance, including CalFresh benefits, housing support, and
Medi-Cal, and assistance from the Healthy Families Program and
the Temporary Assistance for Needy Families (TANF) program.

(F) Family income among families with preschool or schoolage
children.

(G) The number of children in migrant agricultural families
who move from place to place for work or who are currently
dependent for their income on agricultural employment in
accordance with subdivision (a) of, and paragraphs (1) and (2) of
subdivision (b) of, Section 8231.

(H) The number of children who have been determined by a
regional center to require services pursuant to an individualized
family service plan, or by a local educational agency to require
services pursuant to an individualized education program or an
individualized family service plan.

(I) The number of children in the county by primary language
spoken pursuant to the department’s language survey.

(J) Special needs based on geographic considerations, including
rural areas.

(K) The number of children needing begin delete child care end delete services by age
cohort.

(2) Document information gathered during the needs assessment
begin delete which end delete begin insert that end insert shall include, but need not be limited to, data on supply,
demand, cost, and market rates for each category of child care in
the county.

(3) Encourage public input in the development of the priorities.
Opportunities for public input shall include at least one public
hearing during which members of the public can comment on the
proposed priorities.

(4) Prepare a comprehensive countywide child care plan
designed to mobilize public and private resources to address
identified needs.

(5) Conduct a periodic review of child care programs funded
by the department and the State Department of Social Services to
determine if identified priorities are being met.

(6) Collaborate with subsidized and nonsubsidized begin delete child care end delete
providers, county welfare departments, human service agencies,
regional centers, job training programs, employers, integrated child
and family service councils, local and state children and families
commissions, parent organizations, early start family resource
centers, family empowerment centers on disability, local begin delete child care end delete
resource and referral programs, and other interested parties to
foster partnerships designed to meet local child care needs.

(7) Design a system to consolidate local child care waiting lists,
if a centralized eligibility list is not already in existence.

(8) Coordinate part-day programs, including begin insert California end insert state
preschool and Head Start, with other begin delete child care and development end delete
begin insert early learning and educational support end insert services to provide full-day
begin delete child end delete care.

(9) Submit the results of the needs assessment and the local
priorities identified by the local planning council to the begin insert county end insert
board of supervisors and the county superintendent of schools for
approval before submitting them to the department.

(10) Identify at least one, but not more than two, members to
serve as part of the department team that reviews and scores
proposals for the provision of services funded through contracts
with the department. Local planning council representatives may
not review and score proposals from the geographic area covered
by their own local planning council. The department shall notify
each local planning council whenever this opportunity is available.

(c) The department shall, in conjunction with the State
Department of Social Services and all appropriate statewide
agencies and associations, develop guidelines for use by local
planning councils to assist them in conducting needs assessments
that are reliable and accurate. The guidelines shall include
acceptable sources of demographic and child care data, and
methodologies for assessing child care supply and demand.

(d) The department shall allocate funding within each county
in accordance with the priorities identified by the local planning
council of that county and submitted to the department pursuant
to this section, unless the priorities do not meet the requirements
of state or federal law.

All matter omitted in this version of the bill appears in the bill as amended in the Senate, March 12, 2013. (JR11)