BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 769
AUTHOR: Torres
AMENDED: May 13, 2009
FISCAL COMM: No HEARING DATE: June 17, 2009
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : State Preschool: Priority enrollment for
high-risk children.
SUMMARY
This bill expands priority enrollment in state preschool
programs to include 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.
BACKGROUND
Current law establishes priorities for enrollment in state
preschool programs as follows:
1) First priority is for 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.
2) Second priority is for eligible four-year old children
prior to enrolling eligible three-year old children.
ANALYSIS
This bill expands priority enrollment in state preschool to
include 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. Specifically, this bill:
1) Adds to the first priority for enrollment in a state
preschool program 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.
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2) Adds this population to the first priority for
enrollment during any expansion of a state preschool
program (when additional slots become available).
STAFF COMMENTS
1) Priorities for care . Current law establishes
priorities for which children are enrolled in state
preschool programs, and families are placed on waiting
lists according to where they fall within the
priorities. When a "slot" becomes available, it is
filled by a child on the waiting list. This bill
gives priority to children that meet specified
criteria for a preschool "slot" over any children on
the waiting list. There are an estimated 200,000
children on the Centralized Eligibility List.
2) Dependents and delinquents . A minor may be declared a
dependent of the court if he or she has been removed
from the home due to abuse or neglect. A minor who
has been convicted of a crime may be declared a ward
of the court, also referred to as a delinquent. This
bill affects children of both dependents and
delinquents.
3) Already getting priority enrollment ? Current law
gives priority enrollment to children who are
recipients of child protective services. While it is
likely that a child of a minor who is a dependent or
delinquent would also receive protective services, the
author believes this bill is necessary to ensure those
children do indeed receive priority enrollment in
state preschool programs.
4) Displacement of currently enrolled children . This
bill does not clearly prohibit the displacement of a
child currently enrolled in a state preschool program
in favor of a child given priority enrollment by this
bill. Staff recommends an amendment to specify that
priority enrollment shall be granted pursuant to this
bill when "slots" become available, thereby ensuring
that the receiving program would have to have an
available "slot" or funding for the incoming child.
5) Custodial parent . This bill expands priority
enrollment for children who have a biological parent
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who is, or who has been within the previous six
months, a dependent or ward of the juvenile court.
Staff recommends an amendment to specify that the
parent must be the custodial parent of the child.
6) Another source ? The California School Age Families
Education (Cal-SAFE) program provides
community-linked, school-based support services and
child care and development programs for expectant
mothers and teen parents. These programs may be
available at school sites, including alternative
schools. Dependents and wards of the court that are
parents or are pregnant are eligible for this program.
The 2009-10 Budget appropriated $57.9 million for the
Cal-SAFE program. Cal-SAFE funding is included in the
categorical program flexibility (Tier III), allowing
school districts to use this funding for any
educational purpose for the 2008-09 fiscal year to the
2012-13 fiscal year. This grant funding was reduced
by 15.38% in 2008-09, and faces an additional 4.46%
reduction in 2009-10. Therefore, it is unclear if
Cal-SAFE programs will continue to operate and provide
child care (different from preschool) for the
population affected by this bill.
7) Related legislation . SB 244 (Wright), at one time,
expanded 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 who have a parent in the foster system, on
probation or parole, or in a correctional or
residential treatment facility. SB 244 was recently
amended to instead require the California Department
of Education to conduct a study regarding the
feasibility of providing priority enrollment in
high-quality child care and development programs for
those children. SB 244 is pending in the Assembly.
8) Prior legislation . AB 659 (Ma, 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, whose veto message read:
The continuity of services in child care settings is a
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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.
SUPPORT
Advancement Project
Association of California School Administrators
California Catholic Conference
California State PTA
Contra Costa County Office of Education
Los Angeles County Office of Education (sponsor)
OPPOSITION
None received.