California Legislature—2015–16 Regular Session

Assembly BillNo. 765


Introduced by Assembly Member Ridley-Thomas

February 25, 2015


An act to amend Section 8265 of the Education Code, relating to child care and development.

LEGISLATIVE COUNSEL’S DIGEST

AB 765, as introduced, Ridley-Thomas. Child care and development: reimbursement rates.

Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable child care standards and assigned reimbursement rates, as provided. Existing law requires the standard reimbursement rate to be increased annually by a cost-of-living adjustment, as provided.

This bill would make nonsubstantive changes to these provisions.

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

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

P1    1

SECTION 1.  

Section 8265 of the Education Code is amended
2to read:

3

8265.  

(a) The Superintendent shall implement a plan that
4establishes reasonable standards and assigned reimbursement rates,
5which vary with the length of the program year and the hours of
6service.

7(1) Parent fees shall be used to pay reasonable and necessary
8costs for providing additional services.

P2    1(2) When establishing standards and assigned reimbursement
2rates, the Superintendent shall confer with applicant agencies.

3(3) The reimbursement system, including standards and rates,
4shall be submitted to the Joint Legislative Budget Committee.

5(4) The Superintendent may establish any regulations he or she
6deems advisable concerning conditions of service and hours of
7enrollment for children in the programs.

8(b) The standard reimbursement rate shall be nine thousand
9twenty-four dollars and seventy-five cents ($9,024.75) per unit of
10average daily enrollment for a 250-day year, and commencing
11with the 2015-16 fiscal year, shall be increased by the
12cost-of-living adjustment granted by the Legislature annually
13pursuant to Section 42238.15.

14(c) The plan shall require agencies having an assigned
15reimbursement rate above the current year standard reimbursement
16rate to reduce costs on an incremental basis to achieve the standard
17reimbursement rate.

18(d) The plan shall provide for adjusting reimbursement on a
19case-by-case basis, in order to maintain service levels for agencies
20currently at a rate less than the standard reimbursement rate.
21Assigned reimbursement rates shall be increased only on the basis
22of one or more of the following:

23(1) Loss of program resources from other sources.

24(2) Need of an agency to pay the same child care rates as those
25prevailing in the local community.

26(3) Increased costs directly attributable to new or different
27regulations.

28(4) begin insert(A)end insertbegin insertend insert Documented increased costs necessary to maintain the
29prior year’s level of service and ensure the continuation of
30threatened programs.

begin delete

31Child

end delete

32begin insert(B)end insertbegin insertend insertbegin insertChild end insertcare agencies funded at the lowest rates shall be given
33first priority for increases.

34(e) The plan shall provide for expansion of child development
35programs at no more than the standard reimbursement rate for that
36fiscal year.

37(f) The Superintendent may reduce the percentage of reduction
38for a public agency that satisfies any of the following:

39(1) Serves more than 400 children.

40(2) Has in effect a collective bargaining agreement.

P3    1(3) Has other extenuating circumstances that apply, as
2determined by the Superintendent.



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