Amended in Assembly July 6, 2015

Amended in Senate June 1, 2015

Amended in Senate April 6, 2015

Senate Bill No. 311

Introduced by Senator Beall

(Coauthor: Senator Wieckowski)

February 23, 2015

An act to add and repeal Article begin delete 7.5 end delete begin insert 7.6 end insert (commencing with Section begin delete 8239.5) end delete begin insert 8239.15) end insert 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.

LEGISLATIVE COUNSEL’S DIGEST

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

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. 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.

This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara, begin insert and a preschool program, as defined, end insert as a pilot project until begin delete January 1, 2022, end delete begin insert June 30, 2021, end insert to develop and implement an individualized eligibility part-day preschool begin delete subsidy end delete plan for children residing in the school district for purposes of attending a begin delete state-funded part-day end delete preschool program in the school district. The bill would require the school district begin delete to consult with end delete begin insert and the end insert preschool begin delete programs, as defined, and end delete begin insert program to consult with end insert the Santa Clara begin insert County end insert Office of Education begin insert and First 5 Santa Clara County end insert in developing the plan. The bill would require the plan to include specified begin delete elements relating to end delete begin insert elements. The bill would establish certain requirements relating to end insert eligibility and age of preschool program participation. The bill would require the plan begin insert , and any modifications to the plan, end insert to be submitted to, and approved by, begin delete the Santa Clara County Local Child Care Planning Council and end delete begin insert the governing board of the school district. The bill would require the governing board of the school district, upon approval, to submit the plan or modifications to end insert the Early Education and Support Division of the State Department of begin delete Education. end delete begin insert Education for approval, as provided. end insert The bill would require the school district begin insert and the preschool program end insert to submit an annual report to the Legislature and the department, as provided, and begin delete a final end delete begin insert an additional end insert report on or before December 31, begin delete 2022. end delete begin insert 2020, that provides recommendations as to whether the pilot project should continue as a permanent program. end insert The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions.

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

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

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Article begin delete 7.5 end delete begin insert 7.6 end insert (commencing with Section begin delete 8239.5) end delete
begin insert 8239.15) end insert is added to Chapter 2 of Part 6 of Division 1 of Title 1
of the Education Code, to read:

 

Article begin delete 7.5. end delete begin insert 7.6. end insert   Individualized Eligibility Part-Day Preschool
begin delete Subsidy end delete Plan for Alum Rock Union Elementary School District

 

begin delete 8239.5. end delete
begin insert 8239.15. 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)  begin insert (1) end insert begin insert   end insert “Preschool program” means begin delete a state-funded part-day
preschool program that operates in the school district. end delete begin insert an agency
that holds a California state preschool program (Article 7
(commencing with Section 8235)) contract with the department as
of July 1, 2015, has a memorandum of understanding with the
school district, and holds a license pursuant to Article 2
(commencing with Section 1596.80) of Chapter 3.4 of Division 2
of the Health and Safety Code for preschool services within a
transitional kindergarten classroom in the school district. end insert

begin insert

(2) The memorandum of understanding between the school
district and the preschool program shall clarify the use of facilities,
shared goals of the pilot project, and the responsibilities of both
parties.

end insert

begin delete 8239.6. end delete
begin insert 8239.16. end insert   

The school district begin insert and the preschool program, in
consultation with the Santa Clara County Office of Education and
First 5 Santa Clara County end insert , as a pilot project, may develop and
implement an individualized eligibility part-day preschool begin delete subsidy end delete
plan for children residing in the school district for purposes of
attending a preschool program in the school district. The plan shall
begin delete 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. end delete begin insert include, but not be
limited to, all of the following: end insert

begin insert

(a) Elements to address local needs, conditions, and priorities
of families in the school district for purposes of preparing children
for kindergarten and grades 1 to 12, inclusive.

end insert begin insert

(b) Increasing access to preschool in the school district to
prepare children for transitional kindergarten and kindergarten.

(c) The provision of supplemental services to children in
transitional kindergarten.

(d) The provision of parent education, parent engagement, and
family support services.

(e) Systems to facilitate transition of children and their families
from a federal Head Start program and preschool to transitional
kindergarten and kindergarten.

(f) Increasing collaboration between preschool, transitional
kindergarten, and kindergarten teachers.

end insert

begin delete

8239.7.  

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:

end delete

begin insert

begin insert 8239.17 end insert   

end insert

(a) Notwithstanding any other law, eligibility to
participate in the begin delete preschool program end delete begin insert services offered under the
pilot project end insert 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 begin insert , or participates
in the federal Child and Adult Care Food Program (42 U.S.C. Sec
1766; 7 C.F.R. 226.20) end insert .

(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 begin delete first grade end delete begin insert kindergarten pursuant to Section 48000 end insert
shall be allowed to participate in the begin delete preschool program end delete begin insert services
offered under the pilot project end insert .

begin delete 8239.8. end delete
begin insert 8239.18. end insert   

begin insert (a) end insert begin insert   end insert The plan begin insert and any modifications to the plan end insert shall
be submitted begin delete to, and approved by, end delete begin insert to end insert the begin delete Santa Clara County Local
Child Care Planning Council and the Early Education and Support
Division of the department end delete begin insert governing board of the school district,
for approval by the governing board of the school district. Upon
approval by the governing board of the school district, the plan
or modifications to the plan shall be submitted to the Early
Education and Support Division of the department for review end insert .

begin insert

(b) Within 30 days of receiving the plan or modifications, the
Early Education and Support Division shall review and either
approve or disapprove the plan or the modifications.

end insert begin insert

(c) The Early Education and Support Division may disapprove
only those portions of the plan or modifications to the plan that
are not in conformance with this article or that are in conflict with
federal law.

end insert

begin delete 8239.9. end delete
begin insert 8239.19. end insert   

(a) Upon approval of the plan, pursuant to Section
begin delete 8239.8 end delete begin insert 8239.18 end insert , the school begin delete district, in consultation with the end delete begin insert district
and the end insert preschool program, begin insert in consultation with end insert the Santa Clara
begin insert County end insert Office of begin delete Education, end delete begin insert Education end insert and First 5 Santa Clara
begin insert County end insert , shall prepare and submit an annual report to the Legislature
and the department that summarizes the success of the pilot begin delete project. end delete
begin insert project, and shall demonstrate all of the following, as applicable: end insert

begin insert

(1) By the end of the first fiscal year of operation under the
approved pilot project plan, an increase in the enrollment of
children who are eligible for free meals under the free or
reduced-price meal program, as that term is used in subdivision
(a) of Section 42238.01, as compared to the first quarter of the
pilot project under the approved plan.

end insert begin insert

(2) By the end of the second fiscal year of operation under the
approved pilot project plan, an increase in the percentage of
children who are eligible for free meals under the free or
reduced-price meal program, as that term is used in subdivision
(a) of Section 42238.01, as compared to the first quarter of the
pilot project under the approved plan of 3 percent.

end insert begin insert

(3) By the end of the first fiscal year of operation under the
approved pilot project plan, an increase of 3 percent of the child
days of enrollment of children receiving child development services
under a California state preschool program (Article 7 (commencing
with Section 8235)) contract over the 2014-15 fiscal year.

end insert

(b) The school district begin insert and the preschool program end insert , in
consultation with begin delete the preschool program, end delete the Santa Clara begin insert County end insert
Office of begin delete Education, end delete begin insert Education end insert and First 5 Santa Clara begin insert County, end insert
shall submit a begin delete final end delete report to the Legislature and the department
on or before December 31, begin delete 2022, end delete begin insert 2020, end insert 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 begin insert Section end insert 9795 of the
Government Code.

begin delete 8239.10. end delete
begin insert 8239.20. end insert   

The school district begin insert and the preschool program end insert may
implement an individualized eligibility part-day preschool begin delete subsidy end delete
plan as a pilot project pursuant to this article until begin delete January 1, 2022, end delete
begin insert June 30, 2021, end insert 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 begin delete January 1, 2022, end delete begin insert June, 30, 2021, end insert
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

begin insert 8239.21. end insert   

Sharing of information between the school district
and the preschool program shall be in accordance with the federal
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Sec. 1232g) and any federal regulations adopted pursuant thereto.

end insert

begin delete 8239.11. end delete
begin insert 8239.22. end insert   

Additional state funds shall not be appropriated for
purposes of implementing this article.

begin delete 8239.12. end delete
begin insert 8239.23. end insert   

This article shall remain in effect only until January
1, begin delete 2023, end delete begin insert 2022, end insert and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, begin delete 2023, end delete begin insert 2022, end insert deletes or
extends that date.

SEC. 2.  

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.

SEC. 3.  

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:

The start of begin delete a end delete 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.