Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2133

Introduced by Assembly Member Chu

February 17, 2016

An act to begin delete amend Section 89000 of end delete begin insert add Sections 8221.6 and 8221.7 to end insert the Education Code, relating to begin delete postsecondary education. end delete begin insert child care and development. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2133, as amended, Chu. begin delete California State University. end delete begin insert Child care: alternative payment programs: appeals process. end insert

begin insert

Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care.

end insert begin insert

This bill would require the department to establish an appeals process for parents who receive child care subsidies and for family child care providers who receive child care subsidy payments, as specified.

end insert begin delete

Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University.

end delete begin delete

This bill would make a nonsubstantive change in a provision relating to the trustees.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

It is the intent of the Legislature to do all of the
following:

end insert

begin insert (a) end insert begin insert   end insert begin insert To ensure that parents eligible for child care subsidies
through the alternative payment program, also known as the
contractor, receive accurate and reliable information as to their
eligibility for services and their right to choose the appropriate
early education program for their child, and that eligible providers
are able to care for subsidized children in accordance with state
statute. end insert

begin insert

(b) To ensure that the providers of care receive appropriate
referrals and accurate and timely payment for their services.

end insert begin insert

(c) To establish appeals processes to ensure that parents and
providers have administrative remedies when they have reason to
believe that a decision by an alternative payment program is
incorrect.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8221.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8221.6. end insert   

The department shall establish a two-step appeals
process for parents who receive subsidies that includes a first step
within the alternative payment program agency with the hearing
officer being an administrative employee other than the employee
who made the decision that is being appealed, and a second step
within the department’s early education and support division. The
department’s decision shall be final.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8221.7 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8221.7. end insert   

The department shall establish a two-step appeals
process for licensed and license-exempt family child care providers
who receive subsidy payments through an alternative payment
program. The first step shall be within the alternative payment
program agency with the hearing officer being an administrative
employee other than the employee who made the decision that is
being appealed, and a second step within the department’s early
education and support division. The department’s decision shall
be final.

end insert

begin delete

SECTION 1.  

Section 89000 of the Education Code is amended
to read:

89000.  

For the purposes of this division, “trustees” means the
Trustees of the California State University, created under Section
66600.

end delete