Amended in Senate June 16, 2015

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 add and repeal Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services.

LEGISLATIVE COUNSEL’S DIGEST

AB 833, as amended, Bonta. Child care and development services: individualized county child care subsidy plan: County of Alameda.

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. Existing law authorizes the County of San Mateo, as a pilot project, to develop an individualized county child care subsidy plan, as provided.

This bill would authorize, until January 1, 2021, the County of Alameda to develop an individualized county child care subsidy plan, as specified.begin insert The bill would require the plan to be submitted to the local planning council and the Alameda County Board of Supervisors for approval, as specified.end insert The bill would require thebegin delete Child Development Divisionend deletebegin insert Early Education and Support Divisionend insert of the State Department of Education to review and approve or disapprovebegin insert the plan and any subsequentend insert 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.

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

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.

11

SEC. 2.  

Article 15.3 (commencing with Section 8340) is added
12to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
13Code
, to read:

14 

15Article 15.3.  Individualized County of Alameda Child Care
16Subsidy Plan
17

 

18

8340.  

The County of Alameda may, as a pilot project, develop
19and implement an individualized county child care subsidy plan.
20The plan shall ensure that child care subsidies received by the
21County of Alameda are used to address local needs, conditions,
22and priorities of working families in the community.

23

8340.1.  

For purposes of this article, “county” means the County
24of Alameda.

25

8340.2.  

For purposes of this article, “plan” means an
26individualized county child care subsidy plan developed and
P3    1approved under the pilot project described in Section 8340, which
2includes all of the following:

3(a) An assessment to identify the county’s goal for its subsidized
4child care system. The assessment shall examine whether the
5current structure of subsidized child care funding adequately
6supports working families in the county and whether the county’s
7child care goals coincide with the state’s requirements for funding,
8eligibility, priority, and reimbursement. The assessment shall also
9identify barriers in the state’s child care subsidy system that inhibit
10the county from meeting its child care goals. In conducting the
11assessment, the county shall consider all of the following:

12(1) The general demographics of families who are in need of
13child care, including employment, income, language, ethnic, and
14family composition.

15(2) The current supply of available subsidized child care.

16(3) The level of need for various types of subsidized child care
17services, including, but not limited to, infant care, after-hours care,
18and care for children with exceptional needs.

19(4) The county’s self-sufficiency income level.

20(5) Income eligibility levels for subsidized child care.

21(6) Family fees.

22(7) The cost of providing child care.

23(8) The regional market rates, as established by the department,
24for different types of child care.

25(9) The standard reimbursement rate or state per diem for centers
26operating under contracts with the department.

27(10) Trends in the county’s unemployment rate and housing
28 affordability index.

29(b) (1) Development of a local policy to eliminate state-imposed
30regulatory barriers to the county’s achievement of its desired
31outcomes for subsidized child care.

32(2) The local policy shall do all of the following:

33(A) Prioritize lowest income families first.

34(B) Follow the family fee schedule established pursuant to
35Section 8273 for those families that are income eligible, as defined
36by Section 8263.1.

37(C) Meet local goals that are consistent with the state’s child
38care goals.

39(D) Identify existing policies that would be affected by the
40county’s plan.

P4    1(E) (i) Authorizebegin delete anyend deletebegin insert anend insert agency that provides child care and
2development services in the county through a contract with the
3department to apply to the department to amend existing contracts
4in order to benefit from the local policy.

5(ii) The department shall approve an application to amend an
6existing contract if the plan is modified pursuant to Section 8340.3.

7(iii) The contract of a department contractor who does not elect
8to request an amendment to its contract remains operative and
9enforceable.

10(3) The local policy may supersede state law concerning child
11care subsidy programs with regard only to the following factors:

12(A) Eligibility criteria, including, but not limited to, age, family
13size, time limits, income level, inclusion of former and current
14CalWORKs participants, and special needs considerations, except
15that the local policybegin delete mayend deletebegin insert shallend insert not deny or reduce eligibility of a
16family that qualifies for child care pursuant to Section 8353. Under
17the local policy, a family that qualifies for child care pursuant to
18Section 8354 shall be treated for purposes of eligibility and fees
19in the same manner as a family that qualifies for subsidized child
20care on another basis pursuant to the local policy.

21(B) Fees, including, but not limited to, family fees, sliding scale
22fees, and copayments for those families that are not income eligible,
23as defined by Section 8263.1.

24(C) Reimbursement rates.

25(D) Methods of maximizing the efficient use of subsidy funds,
26including, but not limited to, multiyear contracting with the
27department for center-based child care, and interagency agreements
28that allow for flexible and temporary transfer of funds among
29agencies.

30(c) Recognition that all funding sources utilized by direct service
31contractors that provide child care and development services in
32the county are eligible to be included in the county’s plan.

33(d) Establishment of measurable outcomes to evaluate the
34success of the plan to achieve the county’s child care goals, and
35to overcome any barriers identified in the state’s child care subsidy
36system.

37

8340.3.  

(a) begin deleteWithin end deletebegin insertThe plan shall be submitted to the local
38planning council, as defined in subdivision (g) of Section 8499,
39for approval. Upon approval of the plan by the local planning
40council, the Board of Supervisors of the County of Alameda shall
P5    1hold at least one public hearing on the plan. Following the hearing,
2if the board votes in favor of the plan, the plan shall be submitted
3to the Early Education and Support Division of the department
4for review.end insert

begin insert

5(b) Within 30 days of receiving the plan, the Early Education
6 and Support Division shall review and either approve or
7disapprove the plan.

end insert

8begin insert(c)end insertbegin insertend insertbegin insertWithinend insert 30 days of receivingbegin delete anyend deletebegin insert aend insert modification to the plan,
9thebegin delete Child Development Divisionend deletebegin insert Early Education and Support
10Divisionend insert
shall review and either approve or disapprove that
11modification to the plan.

begin delete

12(b)

end delete

13begin insert(d)end insert Thebegin delete Child Development Divisionend deletebegin insert Early Education and
14Support Divisionend insert
may disapprove only those portions of
15modifications to the plan that are not in conformance with this
16article or that are in conflict with federal law.

begin insert
17

begin insert8340.4.end insert  

The county shall, by the end of the first fiscal year of
18operation under the approved child care subsidy plan, demonstrate,
19in the report required pursuant to Section 8340.5, an increase in
20the aggregate days a child is enrolled in child care in the county
21as compared to the enrollment in the final quarter of the
222014-2015 fiscal year.

end insert
23

begin delete8340.4.end delete
24begin insert8340.5.end insert  

(a) The county shall annually prepare and submit to
25the Legislature, the State Department of Social Services, and the
26department a report that summarizes the success of the county’s
27plan, and the county’s ability to maximize the use of funds and to
28improve and stabilize child care in the county.

29(b) A report to be submitted pursuant to subdivision (a) shall
30be submitted in compliance with Section 9795 of the Government
31Code.

32

begin delete8340.5.end delete
33begin insert8340.6.end insert  

A participating contractor shall receivebegin delete anyend deletebegin insert anend insert increase
34or decrease in funding that the contractor would have received if
35the contractor had not participated in the plan.

36

begin delete8340.6.end delete
37begin insert8340.7.end insert  

This article shall remain in effect only until January
381, 2021, and as of that date is repealed, unless a later enacted
39statute, that is enacted before January 1, 2021, deletes or extends
40that date.

P6    1

SEC. 3.  

The Legislature finds and declares that a special law
2is necessary and that a general law cannot be made applicable
3within the meaning of Section 16 of Article IV of the California
4Constitution because of the unique circumstances in the County
5of Alameda. Existing law does not reflect the fiscal reality of living
6in the County of Alameda, a high-cost county where the cost of
7living is well beyond the state median level, resulting in reduced
8access to quality child care. In recognition of the unintended
9consequences of living in a high-cost county, this act is necessary
10to provide children and families in the County of Alameda proper
11access to child care through an individualized county child care
12subsidy plan.



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