Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 833


Introduced by Assembly Member Bonta

February 26, 2015


An act to addbegin delete Sections 8203.2 and 8203.25 toend deletebegin insert and repeal Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 ofend insert the Education Code, relating tobegin delete early childhood education.end deletebegin insert child care and development services.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 833, as amended, Bonta. begin deleteEarly childhood education.end deletebegin insert Child care and development services: individualized county child care subsidy plan: County of Alameda.end insert

The Child Care and Development Services Act has a purpose of providing a comprehensive, 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. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs.begin insert Existing law authorizes the County of San Mateo, as a pilot project, to develop an individualized county child care subsidy plan, as provided.end insert

begin delete

This bill would require the Superintendent, on or before an unspecified date, to establish a statewide centralized eligibility list to consolidate child care waiting lists and a statewide quality rating and improvement system to improve the quality of early learning, as provided.

end delete
begin insert

This bill would authorize, until January 1, 2021, the County of Alameda to develop an individualized county child care subsidy plan, as specified. The bill would require the Child Development Division of the State Department of Education to review and approve or disapprove modifications to the plan. The bill would require the County of Alameda to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan.

end insert
begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

end insert

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

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

P2    1

SECTION 1.  

It is the intent of the Legislature to build a stable,
2comprehensive, and adequately funded high-quality early learning
3and educational support system for children from birth to five years
4of age, inclusive, with alignment and integration into the K-12
5education system by strategically using state and federal funds,
6and engaging all early care and education stakeholders, including
7K-12 education stakeholders, in an effort to provide access to
8affordable, high-quality services supported by adequate rates,
9integrated data systems, and a strong infrastructure that supports
10children and the educators that serve them.

begin delete11

SEC. 2.  

Section 8203.2 is added to the Education Code, to
12read:

13

8203.2.  

On or before ____, and notwithstanding Section 8227,
14the Superintendent shall establish a statewide centralized eligibility
15list to consolidate child care waiting lists.

end delete
begin delete16

SEC. 3.  

Section 8203.25 is added to the Education Code, 17immediately following Section 8203.2, to read:

18

8203.25.  

On or before ____, and notwithstanding Section
198203.1, the Superintendent shall establish a statewide quality rating
20and improvement system to improve the quality of early learning
21and increase the number of low-income children in high-quality
22preschool programs that prepare those children for success in
23school and life.

end delete
P3    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertArticle 15.3 (commencing with Section 8340) is added
2to Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert
begin insertEducation
3Code
end insert
begin insert, to read:end insert

begin insert

4 

5Article begin insert15.3.end insert  Individualized County of Alameda Child Care
6Subsidy Plan
7

 

8

begin insert8340.end insert  

The County of Alameda may, as a pilot project, develop
9and implement an individualized county child care subsidy plan.
10The plan shall ensure that child care subsidies received by the
11County of Alameda are used to address local needs, conditions,
12and priorities of working families in the community.

13

begin insert8340.1.end insert  

For purposes of this article, “county” means the
14County of Alameda.

15

begin insert8340.2.end insert  

For purposes of this article, “plan” means an
16individualized county child care subsidy plan developed and
17approved under the pilot project described in Section 8340, which
18includes all of the following:

19(a) An assessment to identify the county’s goal for its subsidized
20child care system. The assessment shall examine whether the
21current structure of subsidized child care funding adequately
22supports working families in the county and whether the county’s
23child care goals coincide with the state’s requirements for funding,
24eligibility, priority, and reimbursement. The assessment shall also
25identify barriers in the state’s child care subsidy system that inhibit
26the county from meeting its child care goals. In conducting the
27assessment, the county shall consider all of the following:

28(1) The general demographics of families who are in need of
29child care, including employment, income, language, ethnic, and
30family composition.

31(2) The current supply of available subsidized child care.

32(3) The level of need for various types of subsidized child care
33services, including, but not limited to, infant care, after-hours care,
34and care for children with exceptional needs.

35(4) The county’s self-sufficiency income level.

36(5) Income eligibility levels for subsidized child care.

37(6) Family fees.

38(7) The cost of providing child care.

39(8) The regional market rates, as established by the department,
40for different types of child care.

P4    1(9) The standard reimbursement rate or state per diem for
2centers operating under contracts with the department.

3(10) Trends in the county’s unemployment rate and housing
4affordability index.

5(b) (1) Development of a local policy to eliminate state-imposed
6regulatory barriers to the county’s achievement of its desired
7outcomes for subsidized child care.

8(2) The local policy shall do all of the following:

9(A) Prioritize lowest income families first.

10(B) Follow the family fee schedule established pursuant to
11Section 8273 for those families that are income eligible, as defined
12by Section 8263.1.

13(C) Meet local goals that are consistent with the state’s child
14care goals.

15(D) Identify existing policies that would be affected by the
16county’s plan.

17(E) (i) Authorize any agency that provides child care and
18development services in the county through a contract with the
19department to apply to the department to amend existing contracts
20in order to benefit from the local policy.

21(ii) The department shall approve an application to amend an
22existing contract if the plan is modified pursuant to Section 8340.3.

23(iii) The contract of a department contractor who does not elect
24to request an amendment to its contract remains operative and
25enforceable.

26(3) The local policy may supersede state law concerning child
27care subsidy programs with regard only to the following factors:

28(A) Eligibility criteria, including, but not limited to, age, family
29size, time limits, income level, inclusion of former and current
30CalWORKs participants, and special needs considerations, except
31that the local policy may not deny or reduce eligibility of a family
32that qualifies for child care pursuant to Section 8353. Under the
33local policy, a family that qualifies for child care pursuant to
34Section 8354 shall be treated for purposes of eligibility and fees
35in the same manner as a family that qualifies for subsidized child
36care on another basis pursuant to the local policy.

37(B) Fees, including, but not limited to, family fees, sliding scale
38fees, and copayments for those families that are not income eligible,
39as defined by Section 8263.1.

40(C) Reimbursement rates.

P5    1(D) Methods of maximizing the efficient use of subsidy funds,
2including, but not limited to, multiyear contracting with the
3department for center-based child care, and interagency
4agreements that allow for flexible and temporary transfer of funds
5among agencies.

6(c) Recognition that all funding sources utilized by direct service
7contractors that provide child care and development services in
8the county are eligible to be included in the county’s plan.

9(d) Establishment of measurable outcomes to evaluate the
10success of the plan to achieve the county’s child care goals, and
11to overcome any barriers identified in the state’s child care subsidy
12system.

13

begin insert8340.3.end insert  

(a) Within 30 days of receiving any modification to
14the plan, the Child Development Division shall review and either
15approve or disapprove that modification to the plan.

16(b) The Child Development Division may disapprove only those
17portions of modifications to the plan that are not in conformance
18with this article or that are in conflict with federal law.

19

begin insert8340.4.end insert  

(a) The county shall annually prepare and submit to
20the Legislature, the State Department of Social Services, and the
21department a report that summarizes the success of the county’s
22plan, and the county’s ability to maximize the use of funds and to
23improve and stabilize child care in the county.

24(b) A report to be submitted pursuant to subdivision (a) shall
25be submitted in compliance with Section 9795 of the Government
26Code.

27

begin insert8340.5.end insert  

A participating contractor shall receive any increase
28or decrease in funding that the contractor would have received if
29the contractor had not participated in the plan.

30

begin insert8340.6.end insert  

This article shall remain in effect only until January
311, 2021, and as of that date is repealed, unless a later enacted
32statute, that is enacted before January 1, 2021, deletes or extends
33that date.

end insert
34begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
35is necessary and that a general law cannot be made applicable
36within the meaning of Section 16 of Article IV of the California
37Constitution because of the unique circumstances in the County
38of Alameda. Existing law does not reflect the fiscal reality of living
39in the County of Alameda, a high-cost county where the cost of
40living is well beyond the state median level, resulting in reduced
P6    1access to quality child care. In recognition of the unintended
2consequences of living in a high-cost county, this act is necessary
3to provide children and families in the County of Alameda proper
4access to child care through an individualized county child care
5subsidy plan.

end insert


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