BILL NUMBER: SB 244 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN ASSEMBLY MARCH 18, 2010
AMENDED IN ASSEMBLY JULY 8, 2009
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Wright
(Coauthors: Senators Alquist, Hancock, and Liu)
FEBRUARY 24, 2009
An act to amend Sections 8236 and 8263 of the Education Code,
relating to children's services.
LEGISLATIVE COUNSEL'S DIGEST
SB 244, as amended, Wright. Children's services: high-risk
children.
Existing law requires the Superintendent of Public Instruction to
administer child care and development programs, including California
state preschool programs, and requires applicants and contracting
agencies to give first priority to children who meet specified
criteria, including 3- or 4-year-old neglected or abused children who
are the recipients of child protective services.
This bill would also give first priority to neglected or abused
children who are in family maintenance, family preservation, and
unification, and to certain other high-risk children who meet
specified criteria. The bill would give certain high-risk children
the right to continuous enrollment in a state preschool program or a
child care and development program that is licensed or is operated by
a local educational agency if the child's residence or placement
changes.
Under existing law, a family is required to meet certain
requirements to be eligible for federal and state subsidized child
development programs, and requires certain children to be given first
priority for those services.
This bill would expand the eligibility requirements to include
certain other high-risk children, and would also require first
priority to be given to children from birth to 5 years of age who
meet specified other requirements. The bill would require each county
operating a state-funded child care and development program to
annually inform the State Department of Education if the county does
not provide information on child care and development programs, as
specified.
By imposing additional duties on local agencies, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8236 of the Education Code 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, which includes neglected or abused
children who are in family maintenance , family
preservation, and unification pursuant to subdivision
(g) of Section 16501 and Section 16506 of the Welfare and
Institutions Code, family preservation pursuant to clause (ii) of
subparagraph (A) of paragraph (1) of subdivision (a) of Section
16500.5 of the Welfare and Institutions Code, and
reunification pursuant to subdivision (h) of Section 16501 of the
Welfare and Institutions Code , or who are at risk of being
neglected, abused, or exploited upon written referral from a legal,
medical, or social service agency, or who were in protective services
and are now in permanent placement with an income-eligible
caregiver, or who are the children of youth currently in foster care.
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.
(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 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 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 prevent eligible children who
are currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
(f) In order to promote continuity of services, the following
children have the right to continuous enrollment in a state preschool
program for the remainder of the school year if the child's
residence or placement changes:
(1) Neglected or abused children who are recipients of child
protective services.
(2) Children who are at risk of being neglected or abused.
(3) Children of youth in foster care.
SEC. 2. Section 8263 of the Education Code is amended to read:
8263. (a) The Superintendent shall adopt rules and regulations on
eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development services, families shall meet at least
one requirement in each of the following areas:
(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are recipients of protective
services, which includes neglected or abused children who are in
family maintenance, family preservation, and reunification,
or family maintenance pursuant to subdivision (g) of
Section 16501 and Section 165 06 of the Welfare and
Institutions Code, family preservation pursuant to clause (ii) of
subparagraph (A) of paragraph (1) of subdivision (a) of Section
16500.5 of the Welfare and Institutions Code, and reunification
pursuant to subdivision (h) of Section 16501 of the Welfare and
Institutions Code, or whose children have been identified as
being abused, neglected, or exploited, or at risk of being abused,
neglected, or exploited, or who were in protective services, are
between birth and five years of age, are now in permanent placement
with an income-eligible caregiver, or who are the children of youth
currently in foster care.
(2) A family needs the child care services (A) because the child
is identified by a legal, medical, social services agency, or
emergency shelter as (i) a recipient of protective services or (ii)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation, or (B) because the parents are (i) engaged in
vocational training leading directly to a recognized trade,
paraprofession, or profession, (ii) employed or seeking employment,
(iii) seeking permanent housing for family stability, (iv)
incapacitated, or (v) foster youth attending high school or an
alternative program aimed at completing requirements for a high
school diploma or passing the General Education Development (GED)
test.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for state and federally subsidized child development
services is as follows:
(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency, or children from
birth to five years of age enrolling in a child care and development
program that is licensed or is operated by a local educational agency
who are either children of foster youth or children in permanent
placement with income-eligible caregivers. If an agency is unable to
enroll a child in the first priority category, the agency shall refer
the family to local resource and referral services to locate
services for the child.
(B) A family who is receiving child care on the basis of being a
child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C) or for up to 12
months for children from birth to five years of age who are enrolled
in a child care and development program that is licensed or is
operated by a local educational agency.
(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family's child care referral is
recertified by the county child welfare agency.
(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross
monthly income in relation to family size, as determined by a
schedule adopted by the Superintendent, shall be admitted first. If
two or more families are in the same priority in relation to income,
the family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For
purposes of determining order of admission, the grants of public
assistance recipients shall be counted as income.
(3) The Superintendent shall set criteria for and may grant
specific waivers of the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These new
waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals to
accept members of special populations in other than strict income
order, as long as appropriate fees are paid.
(c) Notwithstanding any other provision of law, in order to
promote continuity of services, a family enrolled in a state or
federally funded child care and development program whose services
would otherwise be terminated because the family no longer meets the
program income, eligibility, or need criteria may continue to receive
child development services in another state or federally funded
child care and development program if the contractor is able to
transfer the family's enrollment to another program for which the
family is eligible prior to the date of termination of services or to
exchange the family's existing enrollment with the enrollment of a
family in another program, provided that both families satisfy the
eligibility requirements for the program in which they are being
enrolled. The transfer of enrollment may be to another program within
the same administrative agency or to another agency that administers
state or federally funded child care and development programs.
(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision (a) of
Section 18101 of Title 5 of the California Code of Regulations for
an additional 60 working days if he or she determines that
opportunities for employment have diminished to the degree that one
or both parents cannot reasonably be expected to find employment
within 60 working days and granting the extension is in the public
interest. The scope of extensions granted pursuant to this
subdivision shall be limited to the necessary geographic areas and
affected persons, which shall be described in the Superintendent's
order granting the extension. It is the intent of the Legislature
that extensions granted pursuant to this subdivision improve services
in areas with high unemployment rates and areas with
disproportionately high numbers of seasonal agricultural jobs.
(e) In order to promote continuity of services, the following
children from birth to five years of age shall have the right to
continuous enrollment in a child care and development program that is
licensed or is operated by a local educational agency if the child's
residence or placement changes:
(1) Children who are neglected or abused who are recipients of
child protective services.
(2) Children who are at risk of abuse, neglect, or exploitation.
(3) Children of youth in foster care.
(f) A physical examination and evaluation, including
age-appropriate immunization, shall be required prior to, or within
six weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a child
care and development program of a child whose parent or guardian
files a letter with the governing board of the child care and
development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent or
guardian having filed the letter. However, if there is good cause to
believe that a child is suffering from a recognized contagious or
infectious disease, the child shall be temporarily excluded from the
program until the governing board of the child care and development
program is satisfied that the child is not suffering from that
contagious or infectious disease.
(g) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department of
Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek the
advice and assistance of these health authorities in situations where
service under this chapter includes or requires care of children who
are ill or children with exceptional needs.
(h) (1) The Superintendent shall establish a fee schedule for
families utilizing child care and development services pursuant to
this chapter, including families receiving services under paragraph
(1) of subdivision (b). Families receiving services under
subparagraph (B) of paragraph (1) of subdivision (b) may be exempt
from these fees for up to three months. Families receiving services
under subparagraph (C) of paragraph (1) of subdivision (b) may be
exempt from these fees for up to 12 months. The cumulative period of
time of exemption from these fees for families receiving services
under paragraph (1) of subdivision (b) shall not exceed 12 months.
(2) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act and
Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of
the Welfare and Institutions Code shall not be included as income
for the purposes of determining the amount of the family fee.
(i) The family fee schedule shall include, but not be limited to,
the following restrictions:
(1) Fees shall not be assessed for families whose children are
enrolled in the state preschool program.
(2) A contractor or provider may require parents to provide
diapers. A contractor or provider offering field trips either may
include the cost of the field trips within the service rate charged
to the parent or may charge parents an additional fee. Federal or
state money shall not be used to reimburse parents for the costs of
field trips if those costs are charged as an additional fee. A
contractor or provider that charges parents an additional fee for
field trips shall inform parents, prior to enrolling the child, that
a fee may be charged and that no reimbursement will be available. A
contractor or provider may charge parents for field trips or require
parents to provide diapers only under the following circumstances:
(A) The provider has a written policy that is adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(i) Whether or not, and how much, to charge for field trip
expenses.
(ii) Whether or not to require parents to provide diapers.
(B) The maximum total of charges per child in a contract year does
not exceed twenty-five dollars ($25).
(C) A child shall not be denied participation in a field trip due
to the parent's inability or refusal to pay the charge. Adverse
action shall not be taken against a parent for that inability or
refusal.
Each contractor or provider shall establish a payment system that
prevents the identification of children based on whether or not their
parents have paid a field trip charge.
Expenses incurred and income received for field trips pursuant to
this section shall be reported to the department. The income received
for field trips shall be reported specifically as restricted income.
(j) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from a
parent whose child receives subsidized child care and development
services. These guidelines shall provide for the collection of the
full amount of the benefit payment, but not to exceed the actual cost
of child care and development services provided, notwithstanding the
applicable fee based on the fee schedule.
(k) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the child
care and development program will certify children as eligible for
state reimbursement pursuant to this section.
(l) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.
(m) A county operating a state-funded child care and development
program shall annually inform the department if the county does not
provide information on child care and development programs, including
state preschool programs, and how to select a high-quality program
to parents and caregivers of children from birth to five years of age
who are in child protective services and to foster youth who have
young children.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.