Amended in Senate April 6, 2015

Senate Bill No. 311

Introduced by Senator Beall

(Coauthor: Senator Wieckowski)

February 23, 2015

An act to begin delete amend Section 8205 of the Education Code, relating to education programs end delete begin insert add and repeal Article 7.5 (commencing with Section 8239.5) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to preschool, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 311, as amended, Beall. Child Care and Development Services begin delete Act. end delete begin insert Act: preschool: Alum Rock Union Elementary School District: pilot project. end insert

Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. begin insert Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility. end insert

begin delete

This bill would make nonsubstantive changes to this law.

end delete begin insert

This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara, as a pilot project until January 1, 2022, to develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district for purposes of attending a state-funded part-day preschool program in the school district. The bill would require the school district to consult with preschool programs, as defined, and the Santa Clara Office of Education in developing the plan. The bill would require the plan to include specified elements relating to eligibility and age of preschool program participation. The bill would require the plan to be submitted to, and approved by, the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the State Department of Education. The bill would require the school district to submit an annual report to the Legislature and the department, as provided, and a final report on or before December 31, 2022.

end insert begin insert

This bill would make legislative findings and declarations as to the necessity for special legislation.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . 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 Article 7.5 (commencing with Section 8239.5) is
added to Chapter 2 of Part 6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 7.5. end insert   Individualized Eligibility Part-Day Preschool
Subsidy Plan for Alum Rock Union Elementary School District

 

begin insert 8239.5. end insert   

For purposes of this article, the following terms have
the following meanings:

(a) “School district” means the Alum Rock Union Elementary
School District, located in the County of Santa Clara.

(b) “Preschool program” means a state-funded part-day
preschool program that operates in the school district.

begin insert 8239.6. end insert   

The school district, as a pilot project, may develop and
implement an individualized eligibility part-day preschool subsidy
plan for children residing in the school district for purposes of
attending a preschool program in the school district. The plan
shall ensure that child care subsidies received by a preschool
program are used to address local needs, conditions, and priorities
of families in the school district and for preparing children for
kindergarten and grades 1 to 12, inclusive.

begin insert 8239.7. end insert   

Before implementing the plan, the school district, in
consultation with any preschool program and the Santa Clara
Office of Education, shall develop an individualized eligibility
part-day preschool subsidy plan that shall include both of the
following:

(a) Notwithstanding any other law, eligibility to participate in
the preschool program shall be based on either of the following
conditions:

(1) The child is eligible for free or reduced-price meals, as that
term is used in subdivision (a) of Section 42238.01.

(2) The child is a foster youth, as that term is used in subdivision
(b) of Section 42238.01.

(b) Notwithstanding any other law, children up to the age of
admission into first grade shall be allowed to participate in the
preschool program.

begin insert 8239.8. end insert   

The plan shall be submitted to, and approved by, the
Santa Clara County Local Child Care Planning Council and the
Early Education and Support Division of the department.

begin insert 8239.9. end insert   

(a) Upon approval of the plan, pursuant to Section
8239.8, the school district, in consultation with the preschool
program, the Santa Clara Office of Education, and First 5 Santa
Clara, shall prepare and submit an annual report to the Legislature
and the department that summarizes the success of the pilot project.

(b) The school district, in consultation with the preschool
program, the Santa Clara Office of Education, and First 5 Santa
Clara shall submit a final report to the Legislature and the
department on or before December 31, 2022, that shall provide
recommendations as to whether the pilot project should continue
as a permanent program.

(c) A report submitted to the Legislature pursuant to this section
shall be submitted in compliance with 9795 of the Government
Code.

begin insert 8239.10. end insert   

The school district may implement an individualized
eligibility part-day preschool subsidy plan as a pilot project
pursuant to this article until January 1, 2022, at which date the
school district shall terminate the plan and implement the state’s
requirements for subsidized part-day preschools. A child enrolling
for the first time in a preschool program in the school district after
January 1, 2022, shall not be enrolled in the pilot project
established pursuant to this article, and shall be subject to existing
state laws and regulations regarding preschool eligibility.

begin insert 8239.11 end insert   

This article shall remain in effect only until January
1, 2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares that a special law
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 of the Alum Rock
Union Elementary School District, in the County of Santa Clara.
The school district has a high level of children who live in poverty,
children who are English language learners, children who are
part of a minority group, and children who are exposed to violence
in their community. The school district is particularly focused on
significantly increasing pupil achievement and parent engagement
and this act will achieve this by offering preschool services to
children and families in the school district.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

The start of a the 2015-16 school year begins in August. This
act will prevent needless hours and paperwork to certify eligibility
past the August start date. Therefore, in order to eliminate the
barriers for families to access state preschool and to remove the
paperwork burden on families and agencies in time for the new
school year, it is necessary that this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 8205 of the Education Code is amended
to read:

8205.  

It is the intent of the Legislature that in providing child
development programs the Superintendent give priority to children
of families that qualify under applicable federal statutes or
regulations as recipients of public assistance and other low-income
and disadvantaged families. Federal reimbursement shall be
claimed for any child receiving services pursuant to this chapter
for whom federal funds are available.

end delete