BILL NUMBER: AB 2133 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Chu
FEBRUARY 17, 2016
An act to amend Section 89000 of add
Sections 8221.6 and 8221.7 to the Education Code, relating to
postsecondary education. child care and
development.
LEGISLATIVE COUNSEL'S DIGEST
AB 2133, as amended, Chu. California State University.
Child care: alternative payment programs: appeals
process.
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.
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.
Existing law establishes the California State University and its
various campuses under the administration of the Trustees of the
California State University.
This bill would make a nonsubstantive change in a provision
relating to the trustees.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
do all of the following:
(a) 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.
(b) To ensure that the providers of care receive appropriate
referrals and accurate and timely payment for their services.
(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.
SEC. 2. Section 8221.6 is added to the
Education Code , to read:
8221.6. 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.
SEC. 3. Section 8221.7 is added to the
Education Code , to read:
8221.7. 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.
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.