Amended in Assembly June 29, 2015

Amended in Assembly June 12, 2015

Senate Bill No. 94

Introduced by Committee on Budget and Fiscal Review

January 9, 2015

An act to amend Sections 8208, 8212, 8236, 8240, 8263, begin insert 8347.2, 8347.4, end insert and 8499.5 of, begin delete and end delete to add Section 8201.5 to, begin insert and to repeal Section 8347.6 of, end insert the Education Code, relating to child care and development, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 94, as amended, Committee on Budget and Fiscal Review. Child care and development: priority enrollment: underserved begin delete areas. end delete begin insert areas: individualized county child care subsidy plans. end insert

(1) The Child Care and Development Services Act requires the Superintendent of Public Instruction to administer child care and development programs that provide a full range of services for eligible children from infancy to 13 years of age. Existing law requires a child care resource and referral program, as defined, to publicize its services through all available media sources, agencies, and other appropriate methods.

This bill would require a child care resource and referral program to include in the publicity a statement regarding the state’s special interest in enrolling children placed by a child welfare agency with a relative or foster parent, children served by a child welfare agency who have an open dependency or voluntary child protective services begin insert court end insert case, and children who are dependents of a parent with an open dependency court case, in programs that are operated by licensed child care providers or local educational agencies.

(2) Existing law requires an applicant or contracting agency, as defined, of a California state preschool program to give priority to children who meet certain criteria, including children who are recipients of child protective services.

This bill would require an applicant or contracting agency to also give priority enrollment to children placed by a child welfare agency with a relative or foster parent, children served by a child welfare agency who have an open dependency or voluntary child protective services begin insert court end insert case, and children who are dependents of a parent with an open dependency court case.

This bill would require general child care and development programs to include priority enrollment, when slots become available in programs operated by licensed child care providers or local educational agencies, for children from birth to 5 years of age who are supervised by the child welfare system, have an open dependency or voluntary child protective services court case, or are dependents of a parent with an open dependency begin insert court end insert case.

This bill would revise eligibility requirements for federal and state subsidized child development services administered by the Superintendent to include children placed by a child welfare agency with a relative or foster parent, children served by a child welfare agency who have an open dependency or voluntary child protective services court case, and children who are dependents of a parent with an open dependency court case.

(3) Existing law requires a local planning council to annually submit local priorities that reflect child care needs in the county to the State Department of Education, and requires a local planning council to conduct an assessment of the child care needs that includes specified factors.

This bill would include among those factors the child care needs of children placed by a child welfare agency with a relative or foster parent, children served by a child welfare agency who have an open dependency or voluntary child protective services court case, and children who are dependents of a parent with an open dependency court case.

(4) This bill would also express the Legislature’s intent that the highest priority for enrollment in child care and development programs be given to children with the greatest need to benefit from those programs.

(5) Existing law defines certain terms for purposes of the Child Care and Development Services Act, including the term “underserved area,” to mean specified areas where the ratio of publicly subsidized child care and development program services to the need for these services is low, as determined by the Superintendent of Public Instruction.

This bill would revise the term “underserved area” to also include the specified areas where the overall number of eligible children without access to publicly subsidized child care and development program services is high, as determined by the Superintendent.

begin insert

(6) 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, and as a pilot project, to develop an individualized county child care subsidy plan, as provided. Existing law requires the County of San Mateo to submit an annual report, until January 1, 2018, to the Legislature and other specified entities that summarizes the success of the plan, among other things. Existing law provides for the repeal of those provisions on January 1, 2019.

end insert begin insert

This bill would authorize the County of San Mateo to implement the individualized county child care subsidy plan indefinitely and would make conforming changes. The bill would make legislative findings and declarations regarding the need for special legislation for the County of San Mateo.

end insert begin delete

(6)

end delete

begin insert (7) end insert  This bill would appropriate $1,000 to the State Department of Education for begin insert allocation for end insert purposes of the above provisions.

begin delete

(7)

end delete

begin insert (8) end insert  To the extent that the funds appropriated by this bill are allocated to a school district or a community college district, those funds would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

begin delete

(8)

end delete

begin insert (9) end insert  This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 8201.5 is added to the Education Code,
to read:

8201.5.  

In recognition of the importance of early brain
development and the lifelong personal, social, and economic
impacts of unmet early childhood needs, it is the intent of the
Legislature that the highest priority for enrollment in child care
and development programs be given to children with the greatest
need to benefit from those programs. This priority extends to all
children who have been or are at risk of being abused, neglected,
or exploited, including children placed by a child welfare agency
with a relative or foster parent, children served by a child welfare
agency who have an open dependency or voluntary child protective
services court case, and children who are dependents of a parent
with an open dependency court case. Those children shall have
the right to continuous enrollment in those programs even if the
residence in which they are placed changes, if continued enrollment
is considered to be in the best interest of the child.

SEC. 2.  

Section 8208 of the Education Code is amended to
read:

8208.  

As used in this chapter:

(a) “Alternative payments” includes payments that are made by
one child care agency to another agency or child care provider for
the provision of child care and development services, and payments
that are made by an agency to a parent for the parent’s purchase
of child care and development services.

(b) “Alternative payment program” means a local government
agency or nonprofit organization that has contracted with the
department pursuant to Section 8220.1 to provide alternative
payments and to provide support services to parents and providers.

(c) “Applicant or contracting agency” means a school district,
community college district, college or university, county
superintendent of schools, county, city, public agency, private
nontax-exempt agency, private tax-exempt agency, or other entity
that is authorized to establish, maintain, or operate services
pursuant to this chapter. Private agencies and parent cooperatives,
duly licensed by law, shall receive the same consideration as any
other authorized entity with no loss of parental decisionmaking
prerogatives as consistent with the provisions of this chapter.

(d) “Assigned reimbursement rate” is that rate established by
the contract with the agency and is derived by dividing the total
dollar amount of the contract by the minimum child day of average
daily enrollment level of service required.

(e) “Attendance” means the number of children present at a
child care and development facility. “Attendance,” for purposes
of reimbursement, includes excused absences by children because
of illness, quarantine, illness or quarantine of their parent, family
emergency, or to spend time with a parent or other relative as
required by a court of law or that is clearly in the best interest of
the child.

(f) “Capital outlay” means the amount paid for the renovation
and repair of child care and development facilities to comply with
state and local health and safety standards, and the amount paid
for the state purchase of relocatable child care and development
facilities for lease to qualifying contracting agencies.

(g) “Caregiver” means a person who provides direct care,
supervision, and guidance to children in a child care and
development facility.

(h) “Child care and development facility” means a residence or
building or part thereof in which child care and development
services are provided.

(i) “Child care and development programs” means those
programs that offer a full range of services for children from
infancy to 13 years of age, for any part of a day, by a public or
private agency, in centers and family child care homes. These
programs include, but are not limited to, all of the following:

(1) General child care and development.

(2) Migrant child care and development.

(3) Child care provided by the California School Age Families
Education Program (Article 7.1 (commencing with Section 54740)
of Chapter 9 of Part 29 of Division 4 of Title 2).

(4) California state preschool program.

(5) Resource and referral.

(6) Child care and development services for children with
exceptional needs.

(7) Family child care home education network.

(8) Alternative payment.

(9) Schoolage community child care.

(j) “Child care and development services” means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite. These
services may include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.

(k) “Children at risk of abuse, neglect, or exploitation” means
children who are so identified in a written referral from a legal,
medical, or social service agency, or emergency shelter.

(l) “Children with exceptional needs” means either of the
following:

(1) Infants and toddlers under three years of age who have been
determined to be eligible for early intervention services pursuant
to the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) and
its implementing regulations. These children include an infant or
toddler with a developmental delay or established risk condition,
or who is at high risk of having a substantial developmental
disability, as described in subdivision (a) of Section 95014 of the
Government Code. These children shall have active individualized
family service plans, shall be receiving early intervention services,
and shall be children who require the special attention of adults in
a child care setting.

(2) Children 3 to 21 years of age, inclusive, who have been
determined to be eligible for special education and related services
by an individualized education program team according to the
special education requirements contained in Part 30 (commencing
with Section 56000) of Division 4 of Title 2, and who meet
eligibility criteria described in Section 56026 and, Article 2.5
(commencing with Section 56333) of Chapter 4 of Part 30 of
Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the
California Code of Regulations. These children shall have an active
individualized education program, shall be receiving early
intervention services or appropriate special education and related
services, and shall be children who require the special attention of
adults in a child care setting. These children include children with
intellectual disabilities, hearing impairments (including deafness),
speech or language impairments, visual impairments (including
blindness), serious emotional disturbance (also referred to as
emotional disturbance), orthopedic impairments, autism, traumatic
brain injury, other health impairments, or specific learning
disabilities, who need special education and related services
consistent with Section 1401(3)(A) of Title 20 of the United States
Code.

(m) “Closedown costs” means reimbursements for all approved
activities associated with the closing of operations at the end of
each growing season for migrant child development programs
only.

(n) “Cost” includes, but is not limited to, expenditures that are
related to the operation of child care and development programs.
“Cost” may include a reasonable amount for state and local
contributions to employee benefits, including approved retirement
programs, agency administration, and any other reasonable program
operational costs. “Cost” may also include amounts for licensable
facilities in the community served by the program, including lease
payments or depreciation, downpayments, and payments of
principal and interest on loans incurred to acquire, rehabilitate, or
construct licensable facilities, but these costs shall not exceed fair
market rents existing in the community in which the facility is
located. “Reasonable and necessary costs” are costs that, in nature
and amount, do not exceed what an ordinary prudent person would
incur in the conduct of a competitive business.

(o) “Elementary school,” as contained in former Section 425 of
Title 20 of the United States Code (the National Defense Education
Act of 1958, Public Law 85-864, as amended), includes early
childhood education programs and all child development programs,
for the purpose of the cancellation provisions of loans to students
in institutions of higher learning.

(p) “Family child care home education network” means an entity
organized under law that contracts with the department pursuant
to Section 8245 to make payments to licensed family child care
home providers and to provide educational and support services
to those providers and to children and families eligible for
state-subsidized child care and development services. A family
child care home education network may also be referred to as a
family child care home system.

(q) “Health services” include, but are not limited to, all of the
following:

(1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.

(2) Health screening and health treatment, including a full range
of immunization recorded on the appropriate state immunization
form to the extent provided by the Medi-Cal Act (Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code) and the Child Health and Disability
Prevention Program (Article 6 (commencing with Section 124025)
of Chapter 3 of Part 2 of Division 106 of the Health and Safety
Code), but only to the extent that ongoing care cannot be obtained
utilizing community resources.

(3) Health education and training for children, parents, staff,
and providers.

(4) Followup treatment through referral to appropriate health
care agencies or individual health care professionals.

(r) “Higher educational institutions” means the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Community
Colleges, and the governing bodies of any accredited private
nonprofit institution of postsecondary education.

(s) “Intergenerational staff” means persons of various
generations.

(t) “Limited-English-speaking-proficient and
non-English-speaking-proficient children” means children who
are unable to benefit fully from an English-only child care and
development program as a result of either of the following:

(1) Having used a language other than English when they first
began to speak.

(2) Having a language other than English predominantly or
exclusively spoken at home.

(u) “Parent” means a biological parent, stepparent, adoptive
parent, foster parent, caretaker relative, or any other adult living
with a child who has responsibility for the care and welfare of the
child.

(v) “Program director” means a person who, pursuant to Sections
8244 and 8360.1, is qualified to serve as a program director.

(w) “Proprietary child care agency” means an organization or
facility providing child care, which is operated for profit.

(x) “Resource and referral programs” means programs that
provide information to parents, including referrals and coordination
of community resources for parents and public or private providers
of care. Services frequently include, but are not limited to: technical
assistance for providers, toy-lending libraries, equipment-lending
libraries, toy- and equipment-lending libraries, staff development
programs, health and nutrition education, and referrals to social
services.

(y) “Severely disabled children” are children with exceptional
needs from birth to 21 years of age, inclusive, who require intensive
instruction and training in programs serving pupils with the
following profound disabilities: autism, blindness, deafness, severe
orthopedic impairments, serious emotional disturbances, or severe
intellectual disabilities. “Severely disabled children” also include
those individuals who would have been eligible for enrollment in
a developmental center for handicapped pupils under Chapter 6
(commencing with Section 56800) of Part 30 of Division 4 of Title
2, as that chapter read on January 1, 1980.

(z) “Short-term respite child care” means child care service to
assist families whose children have been identified through written
referral from a legal, medical, or social service agency, or
emergency shelter as being neglected, abused, exploited, or
homeless, or at risk of being neglected, abused, exploited, or
homeless. Child care is provided for less than 24 hours per day in
child care centers, treatment centers for abusive parents, family
child care homes, or in the child’s own home.

(aa) (1) “Site supervisor” means a person who, regardless of
his or her title, has operational program responsibility for a child
care and development program at a single site. A site supervisor
shall hold a permit issued by the Commission on Teacher
Credentialing that authorizes supervision of a child care and
development program operating in a single site. The Superintendent
may waive the requirements of this subdivision if the
Superintendent determines that the existence of compelling need
is appropriately documented.

(2) For California state preschool programs, a site supervisor
may qualify under any of the provisions in this subdivision, or
may qualify by holding an administrative credential or an
administrative services credential. A person who meets the
qualifications of a program director under both Sections 8244 and
8360.1 is also qualified under this subdivision.

(ab) “Standard reimbursement rate” means that rate established
by the Superintendent pursuant to Section 8265.

(ac) “Startup costs” means those expenses an agency incurs in
the process of opening a new or additional facility before the full
enrollment of children.

(ad) “California state preschool program” means part-day and
full-day educational programs for low-income or otherwise
disadvantaged three- and four-year-old children.

(ae) “Support services” means those services that, when
combined with child care and development services, help promote
the healthy physical, mental, social, and emotional growth of
children. Support services include, but are not limited to: protective
services, parent training, provider and staff training, transportation,
parent and child counseling, child development resource and
referral services, and child placement counseling.

(af) “Teacher” means a person with the appropriate permit issued
by the Commission on Teacher Credentialing who provides
program supervision and instruction that includes supervision of
a number of aides, volunteers, and groups of children.

(ag) “Underserved area” means a county or subcounty area,
including, but not limited to, school districts, census tracts, or ZIP
Code areas, where the ratio of publicly subsidized child care and
development program services to the need for these services is
low or where the overall number of eligible children without access
to publicly subsidized child care and development program services
is high, as determined by the Superintendent.

(ah) “Workday” means the time that the parent requires
temporary care for a child for any of the following reasons:

(1) To undertake training in preparation for a job.

(2) To undertake or retain a job.

(3) To undertake other activities that are essential to maintaining
or improving the social and economic function of the family, are
beneficial to the community, or are required because of health
problems in the family.

(ai) “Three-year-old children” means children who will have
their third birthday on or before the date specified of the fiscal
year in which they are enrolled in a California state preschool
program, as follows:

(1) November 1 of the 2012-13 fiscal year.

(2) October 1 of the 2013-14 fiscal year.

(3) September 1 of the 2014-15 fiscal year and each fiscal year
thereafter.

(aj) “Four-year-old children” means children who will have
their fourth birthday on or before the date specified of the fiscal
year in which they are enrolled in a California state preschool
program, as follows:

(1) November 1 of the 2012-13 fiscal year.

(2) October 1 of the 2013-14 fiscal year.

(3) September 1 of the 2014-15 fiscal year and each fiscal year
thereafter.

(ak) “Local educational agency” means a school district, a
county office of education, a community college district, or a
school district on behalf of one or more schools within the school
district.

SEC. 3.  

Section 8212 of the Education Code is amended to
read:

8212.  

(a) For purposes of this article, child care resource and
referral programs established to serve a defined geographic area
shall provide the following services:

(1) (A) Identification of the full range of existing child care
services through information provided by all relevant public and
private agencies in the areas of service, and the development of a
resource file of those services that shall be maintained and updated
at least quarterly. These services shall include, but are not limited
to, family day care homes, public and private day care programs,
full-time and part-time programs, and infant, preschool, and
extended care programs.

(B) The resource file shall include, but is not limited to, the
following information:

(i) Type of program.

(ii) Hours of service.

(iii) Ages of children served.

(iv) Fees and eligibility for services.

(v) Significant program information.

(2) (A) Establishment of a referral process that responds to
parental need for information and that is provided with full
recognition of the confidentiality rights of parents. Resource and
referral programs shall make referrals to licensed child day care
facilities. Referrals shall be made to unlicensed care facilities only
if there is no requirement that the facility be licensed. The referral
process shall afford parents maximum access to all referral
information. This access shall include, but is not limited to,
telephone referrals to be made available for at least 30 hours per
week as part of a full week of operation. Every effort shall be made
to reach all parents within the defined geographic area, including,
but not limited to, any of the following:

(i) Toll-free telephone lines.

(ii) Office space convenient to parents and providers.

(iii) Referrals in languages that are spoken in the community.

(B) Each child care resource and referral program shall publicize
its services through all available media sources, agencies, and other
appropriate methods. The publicity shall include a statement
regarding the state’s special interest in enrolling the following
children in programs that are operated by licensed child care
providers or local educational agencies: children placed by a child
welfare agency with a relative or foster parent, children served by
a child welfare agency who have an open dependency or voluntary
child protective services court case, and children who are
dependents of a parent with an open dependency court case.

(3) (A) Provision of information to any person who requests a
child care referral of his or her right to view the licensing
information of a licensed child day care facility required to be
maintained at the facility pursuant to Section 1596.859 of the
Health and Safety Code and to access any public files pertaining
to the facility that are maintained by the State Department of Social
Services Community Care Licensing Division.

(B) A written or oral advisement in substantially the following
form will comply with the requirements of subparagraph (A):

“State law requires licensed child day care facilities to make
accessible to the public a copy of any licensing report pertaining
to the facility that documents a facility visit or a substantiated
complaint investigation. In addition, a more complete file regarding
a child care licensee may be available at an office of the State
Department of Social Services Community Care Licensing
Division. You have the right to access any public information in
these files.”

(4) Maintenance of ongoing documentation of requests for
service tabulated through the internal referral process. The
following documentation of requests for service shall be maintained
by all child care resource and referral programs:

(A) Number of calls and contacts to the child care information
and referral program or component.

(B) Ages of children served.

(C) Time category of child care request for each child.

(D) Special time category, such as nights, weekends, and swing
shift.

(E) Reason that the child care is needed.

This information shall be maintained in a manner that is easily
accessible for dissemination purposes.

(5) Provision of technical assistance to existing and potential
providers of all types of child care services. This assistance shall
include, but not be limited to:

(A) Information on all aspects of initiating new child care
services including, but not limited to, licensing, zoning, program
and budget development, and assistance in finding this information
from other sources.

(B) Information and resources that help existing child care
services providers to maximize their ability to serve the children
and parents of their community.

(C) Dissemination of information on current public issues
affecting the local and state delivery of child care services.

(D) Facilitation of communication between existing child care
and child-related services providers in the community served.

(b) Services prescribed by this section shall be provided in order
to maximize parental choice in the selection of child care to
facilitate the maintenance and development of child care services
and resources.

(c) (1) A program operating pursuant to this article shall, within
two business days of receiving notice, remove a licensed child day
care facility with a revocation or a temporary suspension order, or
that is on probation from the program’s referral list.

(2) A program operating pursuant to this article shall, within
two business days of receiving notice, notify all entities, operating
a program under Article 3 (commencing with Section 8220) and
Article 15.5 (commencing with Section 8350) in the program’s
jurisdiction, of a licensed child day care facility with a revocation
or a temporary suspension order, or that is on probation.

SEC. 4.  

Section 8236 of the Education Code is amended to
read:

8236.  

(a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused children who are recipients of
child protective services, or who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical,
or social service agency, including children placed by a child
welfare agency with a relative or foster parent, children served by
a child welfare agency who have an open dependency or voluntary
child protective services court case, or children who are dependents
of a parent with an open dependency court case. If an agency is
unable to enroll a child in this first priority category, the agency
shall refer the child’s parent or guardian to local resources and
referral services so that services for the child can be located.
Priority enrollment shall be granted when slots become available,
but shall not be used to displace children who are currently
receiving care.

(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children who are not enrolled in a
state-funded transitional kindergarten program before enrolling
eligible three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.

(b) For California state preschool programs operating with
funding that was initially allocated in a prior fiscal year, at least
one-half of the children enrolled at a preschool site shall be
four-year-old children. Any exception to this requirement shall be
approved by the Superintendent. The Superintendent shall inform
the Department of Finance of any exceptions that have been granted
and the reasons for granting the exceptions.

(c) (1) (A) Commencing June 15, 2015, and notwithstanding
any other law, in awarding new funding for the expansion of a
California state preschool program that is appropriated by the
Legislature for that purpose in any fiscal year, the Superintendent,
after taking into account the geographic criteria established
pursuant to Section 8279.3 and the data described in subparagraph
(B), shall give priority to applicant agencies that, in expending the
expansion funds, will provide the greatest progress toward
achieving access to full-day, full-year services for all
income-eligible four-year-old children.

(B) In awarding funding pursuant to subparagraph (A) and in
order to promote access for all income-eligible four-year-old
children to at least a part-day California state preschool program,
the department shall take into account the needs assessments
submitted to the department pursuant to Section 8499.5 and any
other high-quality data resources available to the department.

(2) Expansion funding awarded pursuant to paragraph (1) shall
be apportioned at the rate described in Section 8265 and as
determined in the annual Budget Act.

(3) A family child care home education network shall be eligible
to apply for expansion funding awarded pursuant to paragraph (1).

(d) This section does not preclude a local educational agency
from subcontracting with an appropriate public or private agency
to operate a California state preschool program and to apply for
funds made available for purposes of this section. If a school
district chooses not to operate or subcontract for a California state
preschool program, the Superintendent shall work with the county
office of education and other eligible agencies to explore possible
opportunities in contracting or alternative subcontracting to provide
a California state preschool program.

(e)  This section does not prevent eligible children who are
receiving services from continuing to receive those services in
future years pursuant to this chapter.

SEC. 5.  

Section 8240 of the Education Code is amended to
read:

8240.  

(a) The Superintendent, with funds appropriated for this
purpose, shall administer general child care and development
programs.

(b) General child care and development programs shall include:

(1) Age and developmentally appropriate activities for children.

(2) Supervision.

(3) Parenting education and parent involvement.

(4) Social services that include, but are not limited to,
identification of child and family needs and referral to appropriate
agencies.

(5) Health services.

(6) Nutrition.

(7) Training and career ladder opportunities, documentation of
which shall be provided to the department.

(8) Priority enrollment, when slots become available in programs
operated by licensed child care providers or local educational
agencies, for children from birth to five years of age who meet
any of the following criteria:

(A) Are supervised by the child welfare system.

(B) Have an open dependency or voluntary child protective
services court case.

(C) Are dependents of a parent with an open dependency court
case.

SEC. 6.  

Section 8263 of the Education Code is amended to
read:

8263.  

(a) The Superintendent shall adopt rules and regulations
on eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development services, families shall meet at least
one requirement in each of the following areas:

(1) A family (A) is a current aid recipient, (B) is income eligible,
(C) is homeless, or (D) has physical custody of a child who is a
recipient of protective services, or a child who has been identified
as being abused, neglected, or exploited, or at risk of being abused,
neglected, or exploited, including a child placed by a child welfare
agency with a relative or foster parent, a child served by a child
welfare agency who has an open dependency or voluntary child
protective services court case, or a child who is a dependent of a
parent with an open dependency court case.

(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or social services agency, or
emergency shelter as (i) a recipient of protective services, including
a child placed by a child welfare agency with a relative or foster
parent, a child served by a child welfare agency who has an open
dependency or voluntary child protective services court case, or a
child who is a dependent of a parent with an open dependency
court case, or (ii) being neglected, abused, or exploited, or at risk
of neglect, abuse, or exploitation, or (B) because the parents are
(i) engaged in vocational training leading directly to a recognized
trade, paraprofession, or profession, (ii) employed or seeking
employment, (iii) seeking permanent housing for family stability,
or (iv) incapacitated.

(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized child development
services is as follows:

(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency, including children
placed by a child welfare agency with a relative or foster parent,
children served by a child welfare agency who have an open
dependency or voluntary child protective services court case, or
children who are dependents of a parent with an open dependency
court case. If an agency is unable to enroll a child in the first
priority category, the agency shall refer the family to local resource
and referral services to locate services for the child. Priority
enrollment shall be granted when slots become available, but shall
not be used to displace children who are currently receiving care.

(B) A family who is receiving child care on the basis of being
a child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).

(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family’s child care referral is
recertified by the county child welfare agency.

(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross monthly
income in relation to family size, as determined by a schedule
adopted by the Superintendent, shall be admitted first. If two or
more families are in the same priority in relation to income, the
family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For purposes
of determining order of admission, the grants of public assistance
recipients shall be counted as income.

(3) The Superintendent shall set criteria for, and may grant
specific waivers of, the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These
new waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals
to accept members of special populations in other than strict income
order, as long as appropriate fees are paid.

(c) Notwithstanding any other law, in order to promote
continuity of services, a family enrolled in a state or federally
funded child care and development program whose services would
otherwise be terminated because the family no longer meets the
program income, eligibility, or need criteria may continue to
receive child development services in another state or federally
funded child care and development program if the contractor is
able to transfer the family’s enrollment to another program for
which the family is eligible before the date of termination of
services or to exchange the family’s existing enrollment with the
enrollment of a family in another program, provided that both
families satisfy the eligibility requirements for the program in
which they are being enrolled. The transfer of enrollment may be
to another program within the same administrative agency or to
another agency that administers state or federally funded child
care and development programs.

(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision
(a) of Section 18086.5 of Title 5 of the California Code of
Regulations for an additional 60 working days if he or she
determines that opportunities for employment have diminished to
the degree that one or both parents cannot reasonably be expected
to find employment within 60 working days and granting the
extension is in the public interest. The scope of extensions granted
pursuant to this subdivision shall be limited to the necessary
geographic areas and affected persons, which shall be described
in the Superintendent’s order granting the extension. It is the intent
of the Legislature that extensions granted pursuant to this
subdivision improve services in areas with high unemployment
rates and areas with disproportionately high numbers of seasonal
agricultural jobs.

(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within
six weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a
child care and development program of a child whose parent or
guardian files a letter with the governing board of the child care
and development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent
or guardian having filed the letter. However, if there is good cause
to believe that a child is suffering from a recognized contagious
or infectious disease, the child shall be temporarily excluded from
the program until the governing board of the child care and
development program is satisfied that the child is not suffering
from that contagious or infectious disease.

(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department
of Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek
the advice and assistance of these health authorities in situations
where service under this chapter includes or requires care of
children who are ill or children with exceptional needs.

(g) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from
a parent whose child receives subsidized child care and
development services. These guidelines shall provide for the
collection of the full amount of the benefit payment, but not to
exceed the actual cost of child care and development services
provided, notwithstanding the applicable fee based on the fee
schedule.

(h) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the child
care and development program will certify children as eligible for
state reimbursement pursuant to this section.

(i) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 8347.2 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8347.2.  

For purposes of this article, “plan” means an
individualized county child care subsidy plan developed and
approved begin delete under the pilot project end delete begin insert as end insert described in Section 8347,
which includes all of the following:

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

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

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

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

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

(5) Income eligibility levels for subsidized child care.

(6) Family fees.

(7) The cost of providing child care.

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

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

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

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

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

(A) Prioritize lowest income families first.

(B) Follow the family fee schedule established pursuant to
begin delete subdivision (g) of Section 8263 end delete begin insert Section 8273 end insert for those families
that are income eligible, as defined by Section 8263.1.

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

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

(E) (i) Authorize any agency that provides child care and
development services in the county through a contract with the
department to apply to the department to amend existing contracts
in order to benefit from the local policy.

(ii) The department shall approve an application to amend an
existing contract if the plan is modified pursuant to Section 8347.3.

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

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

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

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

(C) Reimbursement rates.

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

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

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

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 8347.4 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8347.4.  

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

begin delete

(b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2018, pursuant to
Section 10231.5 of the Government Code.

end delete begin delete

(2)

end delete

begin insert (b) end insert  A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government
Code.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 8347.6 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

8347.6.  

This article shall become inoperative on July 1, 2018,
and, as of January 1, 2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end delete

begin delete SEC. 7. end delete
begin insert SEC. 10. end insert   

Section 8499.5 of the Education Code is amended to
read:

8499.5.  

(a) The department shall allocate child care funding
pursuant to Chapter 2 (commencing with Section 8200) based on
the amount of state and federal funding that is available.

(b) By May 30 of each year, upon approval by the county board
of supervisors and the county superintendent of schools, a local
planning council shall submit to the department the local priorities
it has identified that reflect all child care needs in the county. To
accomplish this, a local planning council shall do all of the
following:

(1) Conduct an assessment of child care needs in the county no
less frequently than once every five years. The department shall
define and prescribe data elements to be included in the needs
assessment and shall specify the format for the data reporting. The
needs assessment shall also include all factors deemed appropriate
by the local planning council in order to obtain an accurate picture
of the comprehensive child care needs in the county. The factors
include, but are not limited to, all of the following:

(A) The needs of families eligible for subsidized child care.

(B) The needs of families not eligible for subsidized child care.

(C) The waiting lists for programs funded by the department
and the State Department of Social Services.

(D) The need for child care for children determined by the child
protective services agency to be neglected, abused, or exploited,
or at risk of being neglected, abused, or exploited, including
children placed by a child welfare agency with a relative or foster
parent, children served by a child welfare agency who have an
open dependency or voluntary child protective services court case,
or children who are dependents of a parent with an open
dependency court case.

(E) The number of children in families receiving public
assistance, including CalFresh benefits, housing support, and
Medi-Cal, and assistance from the Healthy Families Program and
the Temporary Assistance for Needy Families (TANF) program.

(F) Family income among families with preschool or schoolage
children.

(G) The number of children in migrant agricultural families
who move from place to place for work or who are currently
dependent for their income on agricultural employment in
accordance with subdivision (a) of, and paragraphs (1) and (2) of
subdivision (b) of, Section 8231.

(H) The number of children who have been determined by a
regional center to require services pursuant to an individualized
family service plan, or by a local educational agency to require
services pursuant to an individualized education program or an
individualized family service plan.

(I) The number of children in the county by primary language
spoken pursuant to the department’s language survey.

(J) Special needs based on geographic considerations, including
rural areas.

(K) The number of children needing child care services by age
cohort.

(2) Document information gathered during the needs assessment
that shall include, but need not be limited to, data on supply,
demand, cost, and market rates for each category of child care in
the county.

(3) Encourage public input in the development of the priorities.
Opportunities for public input shall include at least one public
hearing during which members of the public can comment on the
proposed priorities.

(4) Prepare a comprehensive countywide child care plan
designed to mobilize public and private resources to address
identified needs.

(5) Conduct a periodic review of child care programs funded
by the department and the State Department of Social Services to
determine if identified priorities are being met.

(6) Collaborate with subsidized and nonsubsidized child care
providers, county welfare departments, human service agencies,
regional centers, job training programs, employers, integrated child
and family service councils, local and state children and families
commissions, parent organizations, early start family resource
centers, family empowerment centers on disability, local child care
resource and referral programs, and other interested parties to
foster partnerships designed to meet local child care needs.

(7) Design a system to consolidate local child care waiting lists,
if a centralized eligibility list is not already in existence.

(8) Coordinate part-day programs, including state preschool
and Head Start, with other child care and development services to
provide full-day child care.

(9) Submit the results of the needs assessment and the local
priorities identified by the local planning council to the board of
supervisors and the county superintendent of schools for approval
before submitting them to the department.

(10) Identify at least one, but not more than two, members to
serve as part of the department team that reviews and scores
proposals for the provision of services funded through contracts
with the department. Local planning council representatives shall
not review and score proposals from the geographic area covered
by their own local planning council. The department shall notify
each local planning council whenever this opportunity is available.

(c) The department shall, in conjunction with the State
Department of Social Services and all appropriate statewide
agencies and associations, develop guidelines for use by local
planning councils to assist them in conducting needs assessments
that are reliable and accurate. The guidelines shall include
acceptable sources of demographic and child care data, and
methodologies for assessing child care supply and demand.

(d) Except as otherwise required by subdivision (c) of Section
8236, the department shall allocate funding within each county in
accordance with the priorities identified by the local planning
council of that county and submitted to the department pursuant
to this section, unless the priorities do not meet the requirements
of state or federal law.

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

The Legislature finds and declares that a special law,
as set fort in Sections 7 to 9, inclusive, is necessary and that a
general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution because of
the unique circumstances concerning the County of San Mateo.

end insert

begin delete SEC. 8. end delete
begin insert SEC. 12. end insert   

The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the State Department of
Education for allocation for purposes of this act.

begin delete

  

end delete

begin delete SEC. 9. end delete
begin insert SEC. 13. end insert   

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.