BILL ANALYSIS
AB 769
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Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 769 (Torres) - As Introduced: February 26, 2009
SUBJECT : State preschool
SUMMARY : Expands priority for state-funded preschool programs
to children who have a biological parent who is, or who has been
within the previous six months, under the jurisdiction of the
delinquency or dependency court.
EXISTING LAW requires the Superintendent of Public Instruction
to administer state preschool programs, including part-time day
and preschool appropriate programs for prekindergarten children
3 to 5 years of age.
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : Background . The state provides both part-day and
full-day state preschool programs. The part-day state preschool
programs provide comprehensive developmental programs for three-
to five-year-old children from low-income families. The
programs emphasize parent education and encourage parent
involvement. In addition to preschool education activities that
are developmentally appropriate for the children served, the
state preschool programs (part-day and full-day) provide meals
or snacks to children, referrals to health and social services
for families, and staff development opportunities to employees.
In 2008, AB 2759 (Jones), Chapter 308, Statutes of 2008,
consolidated preschool programs, including the portions of
general child care programs that serve three and four-year-olds,
into one program called the California State Preschool Program.
In Fiscal Year (FY) 2008-09, the State Preschool Program
received $429 million.
Preschool Programs Eligibility . Existing law and regulations
give eligibility priority for State Preschool Program services
to neglected and abused children who are recipients of child
protective services, upon written referral from a legal,
medical, or social services agency, or recipients who are at
risk of being neglected or abused, followed by four-year-old
children and three-year-old children. Families with the lowest
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adjusted monthly income are admitted first, with an income
ceiling of 75 percent of the state median income based on family
size. According to the Legislative Analyst's Office, there are
110,000 state preschool slots for children between the ages of 3
- 5 who meet the income eligibility threshold of 75 percent of
the State Median Income. According to the county centralized
eligibility list, as of September, 2008, there were 220,069
children on the waiting list for subsidized child care, 87,629
of which were between three to five years of age.
This bill adds to the priority for enrollment children who have
a biological parent who is, or who has been within the previous
six months, under the jurisdiction of the delinquency or
dependency court. According to the author, "Children of youth
who are in custody, on probation or in the foster system are at
high risk of developmental delays and other cognitive, social
and emotional difficulties. Even if these children are not
being raised by their biological parents, 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.
"Studies consistently show that early childhood education has a
positive impact on pupils' future educational success. AB 769
(Torres) would go a long way in furthering successful education
opportunities for the state's at-risk youth."
Delinquency Court . When a minor (under 18) commits a crime, the
minor can be admitted to a juvenile center, where an
investigation takes place and a recommendation can be made to
the District Attorney to file charges. The Delinquency Court
makes a determination to dismiss the case, put the minor on
informal probation, or make the minor a ward of the court. When
a minor is a ward of the Court, the Court takes over all or some
of the decision making for the minor in regards to the minor's
care and treatment. The Court can send the minor home on
probation with supervision, send the minor to live with a
relative, put the minor in foster care, a group home or
institution, or send the minor to a local detention facility,
ranch or county boot camp.<1>
Juvenile Dependency Court . The Dependency Court hears cases
regarding minors who are abused or neglected and makes decisions
regarding the placement of the minors. Section 300 of the
---------------------------
<1> Superior Court of California, County of Santa Clara
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Welfare and Institutions Code defines this population as
children who have suffered or have a substantial risk of
suffering serious physical harm or illness as a result of the
failure or inability of their parents or guardians to adequately
supervise or protect them, or the willful or negligent failure
of parents or guardians to provide adequate food, clothing,
shelter, or medical treatment; children who are suffering or are
at substantial risk of suffering serious emotional damage;
children who have been or have substantial risk of being
sexually abused; or children freed for adoption due to the
relinquishment or termination of parental rights.
Do these children already have priority ? According to the
California Department of Education, children of youths under the
jurisdiction of the dependency or delinquency court are likely
to be recipients of child protective services and thus already
have priority for enrollment. The sponsor, the Los Angeles
County Office of Education, states that while many of these
children may already be served by the existing structure, this
is a "hidden population". In practice, some of these youths do
not receive priority because they are not known to the court or
social services systems. There is no data on the number of
children that would have eligibility priority for state
preschool programs specified pursuant to this bill.
Why just preschool ? Children benefit from birth to 3 quality
child care services as well as preschool programs. Abused and
neglected children have priority eligibility for both general
child care and preschool programs. Why limit the bill to just
preschool? The sponsor states that it recognizes the importance
of birth to 3 programs, but wanted to prioritize preschool to
ensure that these kids have a chance of success in kindergarten
and beyond. Moreover, SB 244 (Wright), a similar bill pending
in the Senate, includes priority for general child care
services.
Are there other programs available ? The California School Age
Families Education (Cal-SAFE) program, established by SB 1064
(Johnston), Chapter 1078, Statutes of 1998, provides
community-linked, school-based support services and child
care/development programs for expectant mothers and teen
parents. These programs are available at school sites,
including alternative schools. While foster care youths and
youths who are wards of the courts would be eligible for this
program, the revised FY 2008-09 budget imposed two year cuts and
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gave districts flexibility to spend the funds for other purposes
[SB 4 X3 (Ducheny), Chapter 12, Statutes of 2009]. The program
received $58 million for FY 2008-09 and was reduced by 15.4%, to
$49.1 million. The FY 2009-10 allocation will be $46.4 million,
reflecting a 19.8% reduction. It is unclear how many districts
have or will redirect these funds for other purposes.
Committee amendment . Staff recommends clarifying the language
as follows:
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, or 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 parent who is, or who has been
within the previous six months, a dependent or ward of the
juvenile court, pursuant to Sections 300, 601, or 602 of the
Welfare and Institutions Code under the jurisdiction of the
delinquency or dependency court .
Arguments in Support . The Chief Probation Officers of
California states, "AB 769 helps ensure that no child is left
behind by allowing children who live in unstable home
environments to receive the same educational opportunities as
others. Preschool provides many fundamental principles to
children as it prepares them for kindergarten, such as enhancing
problem solving, socialization, and other developmental skills.
These essential qualities are later improved as children
continue their education, which means they are less susceptible
of entering into the criminal justice system."
The sponsor offers the additional following reasons why this
bill is important:
Children of incarcerated fathers are 4 times more likely
to go into the foster system. Children of incarcerated
mothers are 5 times more likely to go into the foster
system.
These children are more likely to experience financial
instability and material hardship, residential mobility,
instability in family relationships, and behavior and
school performance problems.
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Children who experienced the incarceration of a parent
from the age of 6 or younger were more than twice as likely
to be convicted of a criminal offense between the ages of
19 and 30 compared with children who did not have a parent
incarcerated during early childhood.
Related Legislation . SB 244 (Wright), pending in the Senate
Appropriations Committee, expands eligibility for, and priority
enrollment in, child care and development program to children
who are in relative care, formerly in foster care and recently
adopted, or has a parent in the foster system, on probation or
parole, or in a correctional or residential treatment facility.
Prior Legislation . AB 659 (Ma), introduced in 2008, would have
extended to specified locally funded child care programs in San
Francisco existing continuity of care provisions for families
receiving subsidized child care from state and federally funded
programs. AB 659 was vetoed by the Governor with the following
veto message:
"The continuity of services in child care settings is a laudable
goal. However, this bill would create a negative incentive for
the county to rely on the availability of state and federally
funded programs to alleviate their local program needs, rather
than maximizing their local funds to create a comprehensive
child care delivery system. The bill would also create
significant Proposition 98 General Fund cost pressure to expand
state child care programs at a time of fiscal challenge."
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Office of Education (sponsor)
American Federation of State, County and Municipal Employees
California Catholic Conference
Chief Probation Officers of California
Contra Costa County Office of Education
San Diego County Office of Education
Santa Clara County Office of Education
Opposition
None on file
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Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087