BILL NUMBER: AB 769 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 24, 2009
AMENDED IN ASSEMBLY MAY 13, 2009
INTRODUCED BY Assembly Member Torres
FEBRUARY 26, 2009
An act to amend Section 8236 of, and to add Section 8235.5 to, the
Education Code, relating to state preschool.
LEGISLATIVE COUNSEL'S DIGEST
AB 769, as amended, Torres. State preschool.
Existing law requires applicants or contracting agencies that
operate a state preschool program to give first priority for
participation to neglected or abused children who are recipients of
child protective services, or recipients who are at risk of being
neglected or abused, as specified.
This bill would state findings and declarations regarding children
of youth that are in custody, on probation, or are in the foster
care system. This The bill would
require priority for participation in state preschool programs also
to be given to children who have a biological custodial parent who
is, or who has been within the previous 6 months, a dependent or ward
of the juvenile court pursuant to specified provisions of law. The
bill would prohibit priority enrollment from being used to displace
children who are currently receiving care.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8235.5 is added to the Education Code, to read:
8235.5. (a) The Legislature finds and declares that children of
youth that are in custody, on probation, or are in the foster care
system are at high risk of developmental delays and other cognitive,
social, and emotional difficulties.
(b) The Legislature further finds and declares that there is
sufficient evidence to suggest that stressful prenatal experiences
and even the physical and mental condition of parents prior to
conception impact brain development and future well-being.
(c) The Legislature further finds and declares that by extending
eligibility for other programs and services to those most in need,
specifically, the dependents of youth who are under court
supervision, the public would enjoy future savings in education,
health care, mental health, social services, and criminal justice.
SEC. 2. Section 8236 of the Education Code, as
amended by Section 5 of Chapter 730 of the Statutes of 2007, is
amended to read:
8236. (a) For purposes of this section, the following definitions
apply:
(1) "Eligible children" means children who are currently eligible
for the state preschool program.
(2) "Four-year-old children" means those children who will have
their fourth birthday on or before December 2 of the fiscal year in
which they are enrolled in a state preschool program.
(3) "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.
(4) "Superintendent" means the Superintendent of Public
Instruction.
(5) "Three-year-old children" means those children who will have
their third birthday on or before December 2 of the fiscal year in
which they are enrolled in a state preschool program.
(b) (1) Each applicant or contracting agency funded pursuant to
Section 8235 shall give first priority to neglected or abused
children who are recipients of child protective services, recipients
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social service agency, or children who have
a biological custodial parent who is, or who has been within the
previous six months, a dependent or ward of the juvenile court,
pursuant to Section 300, 601, or 602 of the Welfare and Institutions
Code. 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 resource 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) After children in the first priority category set forth in
paragraph (1) are served, each agency funded pursuant to Section 8235
shall serve eligible four-year-old children prior to serving
eligible three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
(c) For state preschool programs operating with funding that was
initially allocated in a prior fiscal year, at least half the
children enrolled at a preschool site shall be four-year-olds. Any
exception to this requirement shall be approved by the
Superintendent. The Superintendent shall inform the Secretary of
Child Development and Education of any exceptions that have been
granted.
(d) The following provisions apply to the award of new funding for
the expansion of the state preschool program that is appropriated by
the Legislature for that purpose in any fiscal year:
(1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters' preferences and eligibility criteria relating to fiscal
or programmatic noncompliance established pursuant to Section 8261,
shall give priority to applicant agencies that, in expending the
expansion funds, will be serving the highest percentage of
four-year-old children.
(3) (A) Agencies that receive funding for the expansion of a state
preschool program shall enroll children in the following priority
order:
(i) Neglected or abused children who are recipients of child
protective services, recipients who are at risk of being neglected or
abused, upon written referral from a legal, medical, or social
services agency, or children who have a biological custodial parent
who is, or who has been within the previous six months, under the
jurisdiction of the delinquency or dependency court.
(ii) Four-year-old children who are eligible for the state
preschool program.
(B) Otherwise, children shall be enrolled based on other statutory
and regulatory priorities for the state preschool program.
(e) Nothing in this section shall be deemed to preclude a local
educational agency from subcontracting with an appropriate public or
private agency to operate a state preschool program and to apply for
funds made available for the purposes of this section. If a school
district chooses not to operate or subcontract for a 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 state preschool program.
(f) Nothing in this section shall prevent eligible children who
are currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
SEC. 2. Section 8236 of the Education
Code , as amended by Section 4 of Chapter 308
of the Statutes of 2008, 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 , or children who have
a biological custodial parent who is, or who has been within the
previous six months, a dependent or ward of the juvenile court,
pursuant to Section 300, 601, or 602 of the Welfare and Institutions
Code . 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 resource 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 prior to 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
Secretary for Education and the Department of Finance of any
exceptions that have been granted and the reasons for granting the
exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year:
(1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters headquarters' preferences
and eligibility criteria relating to fiscal or programmatic
noncompliance established pursuant to Section 8261, shall give
priority to applicant agencies that, in expending the expansion
funds, will be serving the highest percentage of four-year-old
children.
(d) Nothing in this section shall be deemed to
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 the 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) Nothing in this section shall This
section does not prevent eligible children who are currently
receiving services from continuing to receive those services in
future years pursuant to this chapter.