Amended in Senate September 4, 2015

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. 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. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent 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.

P3    1

8340.2.  

begin insert(a)end insertbegin insertend insert For purposes of this article, “plan” means an
2individualized county child care subsidy plan developed and
3approved under the pilot project described in Section 8340, which
4includes all of the following:

begin delete

5(a)

end delete

6begin insert(1)end insert An assessment to identify the county’s goal for its subsidized
7child care system. The assessment shall examine whether the
8current structure of subsidized child care funding adequately
9supports working families in the county and whether the county’s
10child care goals coincide with the state’s requirements for funding,
11eligibility, priority, and reimbursement. The assessment shall also
12identify barriers in the state’s child care subsidy system that inhibit
13the county from meeting its child care goals. In conducting the
14assessment, the county shall consider all of the following:

begin delete

15(1)

end delete

16begin insert(A)end insert The general demographics of families who are in need of
17child care, including employment, income, language, ethnic, and
18family composition.

begin delete

19(2)

end delete

20begin insert(B)end insert The current supply of available subsidized child care.

begin delete

21(3)

end delete

22begin insert(C)end insert The level of need for various types of subsidized child care
23services, including, but not limited to, infant care, after-hours care,
24and care for children with exceptional needs.

begin delete

25(4)

end delete

26begin insert(D)end insert The county’s self-sufficiency income level.

begin delete

27(5)

end delete

28begin insert(E)end insert Income eligibility levels for subsidized child care.

begin delete

29(6)

end delete

30begin insert(F)end insert Family fees.

begin delete

31(7)

end delete

32begin insert(G)end insert The cost of providing child care.

begin delete

33(8)

end delete

34begin insert(H)end insert The regional market rates, as established by the department,
35 for different types of child care.

begin delete

36(9)

end delete

37begin insert(I)end insert The standard reimbursement rate or state per diem for centers
38operating under contracts with the department.

begin delete

39(10)

end delete

P4    1begin insert(J)end insert Trends in the county’s unemployment rate and housing
2affordability index.

begin delete

3(b) (1) 

end delete

4begin insert(2)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insert Development of a local policy to eliminate
5state-imposed regulatory barriers to the county’s achievement of
6its desired outcomes for subsidized child care.

begin delete

7(2)

end delete

8begin insert(B)end insert The local policy shall do all of the following:

begin delete

9(A)

end delete

10begin insert(i)end insert Prioritize lowest income families first.

begin delete

11(B)

end delete

12begin insert(ii)end insert Follow the family fee schedule established pursuant to
13Section 8273 for those families that are income eligible, as defined
14by Section 8263.1.

begin delete

15(C)

end delete

16begin insert(iii)end insert Meet local goals that are consistent with the state’s child
17care goals.

begin delete

18(D)

end delete

19begin insert(iv)end insert Identify existing policies that would be affected by the
20county’s plan.

begin delete

21(E) (i) 

end delete

22begin insert(v)end insertbegin insertend insertbegin insert(I)end insertbegin insertend insert Authorize an agency that provides child care and
23development services in the county through a contract with the
24departmentbegin insert and either provides direct services or contracts with
25licensed providers or centersend insert
to apply to the department to amend
26existing contracts in order to benefit from the local policy.

begin delete

27(ii)

end delete

28begin insert(II)end insert The department shall approve an application to amend an
29existing contract if the plan is modified pursuant to Section 8340.3.

begin delete

30(iii)

end delete

31begin insert(III)end insert The contract of a department contractor who does not elect
32to request an amendment to its contract remains operative and
33enforceable.

begin delete

34(3)

end delete

35begin insert(C)end insert The local policy may supersede state law concerning child
36care subsidy programs with regard only to the following factors:

begin delete

37(A)

end delete

38begin insert(i)end insert Eligibility criteria, including, but not limited to, age, family
39size, time limits, income level, inclusion of former and current
40CalWORKs participants, and special needs considerations, except
P5    1that the local policy shall not deny or reduce eligibility of a family
2 that qualifies for child care pursuant to Section 8353. Under the
3local policy, a family that qualifies for child care pursuant to
4Section 8354 shall be treated for purposes of eligibility and fees
5in the same manner as a family that qualifies for subsidized child
6care on another basis pursuant to the local policy.

begin delete

7(B)

end delete

8begin insert(ii)end insert Fees, including, but not limited to, family fees, sliding scale
9fees, and copayments for those families that are not income eligible,
10as defined by Section 8263.1.

begin delete

11(C)

end delete

12begin insert(iii)end insert Reimbursement rates.

begin delete

13(D)

end delete

14begin insert(iv)end insert Methods of maximizing the efficient use of subsidy funds,
15including, but not limited to, multiyear contracting with the
16department for center-based child care, and interagency agreements
17that allow for flexible and temporary transfer of funds among
18agencies.

begin delete

19(c)

end delete

20begin insert(3)end insert Recognition that all funding sources utilized by direct service
21contractors that provide child care and development services in
22the countybegin insert and contractors that contract with licensed providers
23and centersend insert
are eligible to be included in the county’s plan.

begin delete

24(d)

end delete

25begin insert(4)end insert Establishment of measurable outcomes to evaluate the
26success of the plan to achieve the county’s child care goals, and
27to overcome any barriers identified in the state’s child care subsidy
28system.

begin insert

29(b) Nothing in this section shall be construed to permit the
30county to change the regional market rate survey results for the
31county.

end insert
32

8340.3.  

(a) The plan shall be submitted to the local planning
33council, as defined in subdivision (g) of Section 8499, for approval.
34Upon approval of the plan by the local planning council, the Board
35of Supervisors of the County of Alameda shall hold at least one
36public hearing on the plan. Following the hearing, if the board
37votes in favor of the plan, the plan shall be submitted to the Early
38Education and Support Division of the department for review.

P6    1(b) Within 30 days of receiving the plan, the Early Education
2 and Support Division shall review and either approve or disapprove
3the plan.

4(c) Within 30 days of receiving a modification to the plan, the
5Early Education and Support Division shall review and either
6approve or disapprove that modification to the plan.

7(d) The Early Education and Support Division may disapprove
8only those portions of modifications to the plan that are not in
9conformance with this article or that are in conflict with federal
10law.

11

8340.4.  

The county shall, by the end of the first fiscal year of
12operation under the approved child care subsidy plan, demonstrate,
13in the report required pursuant to Section 8340.5, an increase in
14the aggregate days a child is enrolled in child care in the county
15as compared to the enrollment in the final quarter of the 2014-2015
16fiscal year.

17

8340.5.  

(a) The county shall annually prepare and submit to
18the Legislature, the State Department of Social Services, and the
19department a report that summarizes the success of the county’s
20plan, and the county’s ability to maximize the use of funds and to
21improve and stabilize child care in the county.

22(b) A report to be submitted pursuant to subdivision (a) shall
23be submitted in compliance with Section 9795 of the Government
24Code.

25

8340.6.  

A participating contractor shall receive an increase or
26decrease in funding that the contractor would have received if the
27contractor had not participated in the plan.

28

8340.7.  

This article shall remain in effect only until January
291, 2021, and as of that date is repealed, unless a later enacted
30statute, that is enacted before January 1, 2021, deletes or extends
31that date.

32

SEC. 3.  

The Legislature finds and declares that a special law
33is necessary and that a general law cannot be made applicable
34within the meaning of Section 16 of Article IV of the California
35Constitution because of the unique circumstances in the County
36of Alameda. Existing law does not reflect the fiscal reality of living
37in the County of Alameda, a high-cost county where the cost of
38living is well beyond the state median level, resulting in reduced
39access to quality child care. In recognition of the unintended
40consequences of living in a high-cost county, this act is necessary
P7    1to provide children and families in the County of Alameda proper
2access to child care through an individualized county child care
3subsidy plan.



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