BILL ANALYSIS Ķ
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1679
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|Author: |Weber |
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|Version: |April 6, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Olgalilia Ramirez |
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Subject: Child care: state preschool programs: eligibility:
military families
SUMMARY
This bill expands and codifies emergency regulations that
exclude all or a portion of the basic allowance for housing
provided to active duty military personnel from income
considerations for purposes of determining eligibility for state
preschool.
BACKGROUND
Existing Law:
1) Requires the Superintendent of Public Instruction to
administer all state preschool programs, which 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 in
educational development, health services, social services,
nutritional services, parent education and parent
participation, evaluation, and staff development.
(Education Code § 8235(a))
2) Authorizes a part-day state preschool program to provide
services to children in families with incomes up to 15%
above the income eligibility threshold, as specified,
provided all other eligible three- and four-year-olds have
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been enrolled. Further specifies that no more than 10% of
the children enrolled under a provider's entire contract
can be children in families above the income eligibility
threshold. (EC § 8235(c))
3) Requires families to meet certain criteria in order to be
eligible for federal and state subsidized child development
services, including that a family must be either a current
aid recipient, income eligible, homeless, or one whose
children are recipients of protective services or have been
identified as being abused, or neglected, as specified.
(EC § 8263)
4) Establishes the income eligibility limit for child
development services, including state preschool, at 70% of
the State median income that was in use for the 2007-08
fiscal year, adjusted for family size, as specified. (EC §
8263.1)
5) Provides, pursuant to federal law, a basic allowance for
housing to which a uniformed service member, including a
member with dependents, as specified, is entitled if he or
she is also entitled to basic pay.
(Title 37, United States Code § 403)
6) Authorizes a state preschool contractor located on or in
close proximity to a military base, with prior written
approval, as specified, to exclude from the child care
eligibility and rankings determination the amount of the
basic allowance for housing provided to an individual on
federal active duty, state active duty, active duty for
special work, or Active Guard and Reserve duty in the
military whose family resides on a military base or in
military housing. Requires program vacancies to first be
filled by children pursuant to all statutorily mandated
priorities for state preschool programs.
(Title 5, California Code of Regulations, § 18134)
ANALYSIS
This bill expands and codifies emergency regulations that
exclude all or a portion of the basic allowance for housing
provided to active duty military personnel from income
considerations for purposes of determining eligibility for state
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preschool. Specifically, it:
1) Makes various declarations and findings related to the
unique circumstances faced by transitioning California
Military Families and the role preschools play in early
academic success and providing stability for military
children.
2) States the Legislature's intent to ensure that military
families have access to preschool services that their
children need.
3) Excludes from income calculation the amount of basic
allowance for housing received by specified active duty
military for purposes of determining eligibility for state
preschool services.
4) Specifies, that the amount of basic allowance for housing
excluded from income be equal to the lowest rate of the
allowance for the military housing area in which an
individual resides.
5) States that its provisions do not supersede state mandated
priorities for state-subsidized child development services.
STAFF COMMENTS
1) Need for the bill. To help cover the cost of housing for a
military family, some service members are issued a housing
allowance. Many of these families that could be eligible
for state preschool programs do not qualify as a result of
the housing allowance inflating their calculated income.
According to the author, Since July 2013 over 95 waivers
have been issued by the California Department of Education
to local education agencies authorizing the exclusion of
the military housing allowance from the income calculation
when determining eligibility for state preschool programs.
This bill seeks to codify and continue this trend of
expanding access to state subsidized preschool services for
active duty military families.
2) Existing authorization. State regulations (Title 5, CCR, §
18134) allow for state preschool programs located on or in
close proximity to a military base to, exclude the military
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allowance for housing provided for active military
personnel, when calculating income for eligibility. The
contractor with prior written approval from the State
Superintendent of Public Instruction may exclude the amount
of the military housing allowance provided to the
individual pursuant to federal law (37 USC 403). Rather
than authorizing state preschool program, this bill would
automatically exclude the amount from being calculated as
income when determining eligibility for subsidized
preschool services. This would apply statewide regardless
of proximity to a military base.
3) California State Subsidized Preschool. The state preschool
program provides both part-day and full-day services that
offer age and developmentally appropriate curriculum to
children designed to facilitate the transition to
kindergarten for three- and four-year-old children in
educational development, health services, social services,
nutritional services, parent education and participation,
evaluation, and staff development. The program prioritizes
three- or four-year-olds neglected or abused children who
are recipients of child protective services, or who are at
risk of being neglected, abused, or exploited. After this
priority is satisfied then the next priority is given to
eligible four-year-old children before enrolling eligible
three-year-old children. This bill clarifies that its
provisions do not supersede state mandated priorities for
subsidized state preschool services.
4) Military Allowance for Housing. The housing allowance or
the Basic Allowance for Housing (BAH) is based on
geographic location, pay grade, and dependency status. The
intent of BAH is to provide service members equitable
housing compensation based on local housing markets, when
military housing is not provided. In California, the
starting BAH for beginning-ranking personnel with
dependents range from the mid $800's for areas such as
China Lake to the low $4,000's for San Francisco. The
ranges subsequently increase according to military rank. In
order to be eligible for state preschool services, existing
law requires a family's adjusted monthly income to be at or
below 70% of the state median income.
This bill proposes to exclude the BAH as income for
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purposes of determining eligibility for state preschool
services thereby making families that would not otherwise
qualify eligible for subsidized care. Under the provisions
of this bill, the amount of basic allowance for housing
excluded from income must be equal to the lowest rate of
the allowance for the military housing area in which an
individual resides leaving a higher ranking official with
the same allowance as lower ranking personnel.
5) Prior Legislation.
AB 427 (Weber, 2015) excludes the military housing
allowance from being calculated as income when determining
eligibility for child care and development services
specified under the Child Care and Development Services
Act. This bill is limited to state preschool services. AB
427 was held on suspense in the Senate Appropriations
committee.
AB 170 (Saldaņa, 2007) similar to this bill, excludes from
income calculation, the basic housing allowance received by
active military personnel for purposes of determining
eligibility for state preschool. AB 170 was held by the Assembly
Appropriations committee.
SUPPORT
Association of California School Administrators
First 5 California
Los Angeles County Office of Education
Marine Corps Installations West, United State Marine Corps
Tom Torlakson, State Superintendent of Public Instruction
OPPOSITION
None received.
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