BILL NUMBER: AB 1673 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mitchell
FEBRUARY 14, 2012
An act to amend Sections 8231, 8235, 8237, 8239, 8263, and 66060
of the Education Code, relating to child care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1673, as introduced, Mitchell. Child care: eligibility.
(1) Existing law, the Child Care and Development Services Act,
administered by the State Department of Education, requires the
Superintendent of Public Instruction to administer child care and
development programs that offer a full range of services for eligible
children from infancy to 13 years of age. Existing law also requires
the Superintendent to administer all migrant child care and
development programs which are available to children of migrant
agricultural worker families, as defined.
This bill would require that once a child of a migrant
agricultural worker family is enrolled in a migrant child care and
development program that the child be deemed eligible for these
services for a period of 12 months unless the child no longer resides
in the state or the child is deceased.
(2) Existing law requires the Superintendent to administer all
California state preschool programs, including full-day California
state preschool program services for 3- and 4-year-old children.
This bill would require that once a 3- or 4-year-old child is
certified as eligible for full-day California state preschool program
services that the child remain eligible for these services for a
period of 12 months unless the child no longer resides in the state
or the child is deceased.
(3) Existing law requires the Superintendent to administer all
California state preschool programs, including part-day California
state preschool program services for 3- and 4-year-old children.
Existing law also provides that once a child is enrolled in a
part-day California state preschool program that the child be deemed
eligible for this program for the remainder of the program year.
This bill would require that once a child is enrolled in a
part-day California state preschool program that the child be deemed
eligible for this program for a period of 12 months unless the child
no longer resides in the state or the child is deceased.
(4) Existing law requires the Superintendent to encourage state
preschool program applicants or contracting agencies to offer
full-day services through a combination of part-day preschool slots
and part-day general child care and development programs. Existing
law also provides that subsequent to enrollment, a child shall be
deemed eligible for part-day care as long as the child is enrolled in
a preschool program.
This bill would require that subsequent to enrollment, a child
shall be deemed eligible for part-day care for a period of 12 months
unless the child no longer resides in the state or the child is
deceased.
(5) Existing law requires the Superintendent to adopt rules and
regulations on eligibility, enrollment, and priority of services
needed to implement the Child Care and Development Services Act.
Existing law requires families to meet at least one of the specified
requirements in order to be eligible for federal and state subsidized
child development services. Existing law also requires the
Superintendent to 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. The provisions related to eligibility apply to
alternative payment programs, general child care and development
programs, and the 3 stages of child care services available to
recipients of aid under the California Work Opportunity and
Responsibility to Kids Act.
This bill would require that, subsequent to certification of
eligibility for federal and state subsidized child development
services, a child be deemed eligible for these services for a period
of 12 months unless the child no longer resides in the state or the
child is deceased.
(6) Existing law authorizes higher educational institutions to
establish and maintain child development programs on or near their
respective campuses. Existing law also requires that first priority
for service be given to children of students of each campus operating
a child development program.
This bill would require that, subsequent to enrollment, a child be
deemed eligible for these services for an academic year unless the
child no longer resides in the state or the child is deceased.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Child care is critical to the healthy physical, cognitive,
social, and emotional growth and development of children.
(b) Child care assistance not only enables parents to work but
also allows parents to be more productive knowing that their children
are in safe and stable settings.
(c) During difficult economic times it is particularly important
to maintain continuity and consistency of stable child care
environments for employed families.
(d) Adopting 12-month eligibility for federal and state subsidized
child care and development programs, with limited interim reporting
requirements, can promote sustained access to subsidies and
continuous care arrangements for children.
(e) Adopting 12-month eligibility for federal and state subsidized
child care and development programs will benefit child care
providers who contribute to the education and nurturance of children
and our economy, and simplify the administration of subsidies.
SEC. 2. Section 8231 of the Education Code is amended to read:
8231. (a) For the purpose of this article, a "migrant
agricultural worker family" means a family that has earned at least
50 percent of its total gross income from employment in fishing,
agriculture, or agriculturally related work during the 12-month
period immediately preceding the date of application for child care
and development services.
(b) Children of migrant agricultural worker families shall be
enrolled in child care and development programs on the
basis of the following priorities:
(1) The family moves from place to place.
(2) The family has qualified under paragraph (1) within the past
five years and is currently dependent for its income on agricultural
employment, but is currently settled near agricultural areas.
(3) The family resides in a rural agricultural area and is
dependent upon seasonal agricultural work.
(4) Eligibility and priority for services for the federally funded
Migrant Child Development Program shall be in accordance with the
applicable federal regulations.
(c) Subsequent to enrollment, a child of a migrant agricultural
worker family shall be deemed eligible for child care and development
programs for a period of 12 months unless the child no longer
resides in the state, or the child is deceased.
SEC. 3. Section 8235 of the Education Code is amended to read:
8235. (a) The Superintendent shall administer all California
state preschool programs. Those programs shall include, but not be
limited to, part-day and full-day age and developmentally appropriate
programs for three- and four-year old
four-year-old children in educational development, health
services, social services, nutritional services, parent education and
parent participation, evaluation, and staff development. Preschool
programs for which federal reimbursement is not available shall be
funded as prescribed by the Legislature in the Budget Act, and unless
otherwise specified by the Legislature, shall not utilize federal
funds made available through Title XX of the Social Security Act (42
U.S.C. Sec. 1397).
(b) Three- and four-year-old children are eligible for the
part-day California state preschool program if the family meets at
least one of the criteria specified in paragraph (1) of subdivision
(a) of Section 8263.
(c) Notwithstanding any other provision of law,
a part-day California state preschool program may provide services
to children in families whose income is no more than 15 percent above
the income eligibility threshold, as described in Sections 8263 and
8263.1, after all eligible three- and four-year-old children have
been enrolled. No more than 10 percent of children enrolled,
calculated throughout the participating program's entire contract,
may be filled by children in families above the income eligibility
threshold.
(d) A part-day California state preschool program shall operate
for a minimum of (1) three hours per day, excluding time for
home-to-school transportation, and (2) a minimum of 175 days per
year, unless the contract specifies a lower number of days of
operation.
(e) Three- and four-year-old children are eligible for full-day
California state preschool program services if the family meets at
least one of the criteria specified in paragraph (1) of subdivision
(a) of Section 8263, and the parents meet at least one of the
criteria specified in paragraph (2) of subdivision (a) of Section
8263. Notwithstanding any other law, and subsequent to
certification of eligibility, a three- or four-year-old child shall
be deemed eligible for full-day California state
preschool program services for a period of 12 months unless the
child no longer resides in the state, or the child is deceased.
(f) A full-day California state preschool program shall operate
(1) full time determined by the number of hours necessary to meet the
child care and development needs of families, and (2) a minimum of
246 days per year, unless the contract specifies a lower number of
days of operation.
(g) Fees shall be assessed and collected for families with
children in the full-day California state preschool program pursuant
to subdivisions (g) and (h) of Section 8263. Fees shall not be
assessed for families whose children are enrolled in the part-day
California state preschool program.
(h) Any agency described in subdivision (c) of Section 8208 as an
"applicant or contracting agency" is eligible to contract to operate
a California state preschool program.
SEC. 4. Section 8237 of the Education Code is amended to read:
8237. A part-day California state preschool program contracting
agency has 120 calendar days prior to before
the first day of the beginning of the new preschool year to
certify eligibility and enroll families into their program.
Subsequent to enrollment, a child shall be deemed eligible for a
part-day California state preschool program for the
remainder of the program year a period of 12 months
unless the child no longer resides in the state, or the child is
deceased .
SEC. 5. Section 8239 of the Education Code is amended to read:
8239. The Superintendent shall encourage state preschool program
applicants or contracting agencies to offer full-day services through
a combination of part-day preschool slots and part-day general child
care and development programs. In order to facilitate a full-day of
services, all of the following shall apply:
(a) Part-day preschool programs provided pursuant to this section
shall operate between 175 and 180 days.
(b) Part-day general child care and development programs provided
pursuant to this section may operate a minimum of 246 days per year
unless the child development contract specified a lower minimum days
of operation. Part-day general child care and development programs
may operate a full-day for the remainder of the year after the
completion of the preschool program.
(c) Full day Full-day services
provided under this section shall be reimbursed at no more than the
standard reimbursement rate with adjustment factors.
(d) Notwithstanding any provision of law, to be eligible for
part-day child care, a child who is enrolled in a preschool program
shall be required to meet the eligibility requirements specified in
paragraph (4) of subdivision (a) of Section 8238.4 and the
requirements pursuant to Sections 8263 and 8263.1 at the time of
enrollment in a preschool. Subsequent to enrollment, a child shall be
deemed eligible for part-day care as long as the child is
enrolled in a preschool program for a period of 12
months unless the child no longer resides in the state, or the child
is deceased .
SEC. 6. 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, or whose children have been identified as being abused,
neglected, or exploited, or at risk of being abused, neglected, or
exploited.
(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, or (iv)
incapacitated.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and 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. 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).
(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 before 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 18086.5 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) A physical examination and evaluation, including
age-appropriate immunization, shall be required prior to
before , 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.
(f) 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.
(g) (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 (42 U.S.C. Sec. 1381) 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.
(h) 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
before 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.
(i) 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.
(j) 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.
(k) Notwithstanding any other law, and subsequent to certification
of eligibility, a child shall be deemed eligible for federal and
state subsidized child care and development services pursuant to this
chapter for a period of 12 months unless the child on longer resides
in the state, or the child is deceased.
(k)
(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.
SEC. 7. Section 66060 of the Education Code is amended to read:
66060. (a) Notwithstanding any law to the contrary, higher
educational institutions may establish and maintain child development
programs on or near their respective campuses. Those higher
educational institutions under contract with the State Department of
Education for child care and development services pursuant to this
chapter or Chapter 2 (commencing with Section 8200) of Part 6 of
Division 1 of Title 1 are subject to the rules and regulations
adopted by the Superintendent of Public Instruction
.
(b) Children of students of each campus operating a child
development program shall have first priority for service in that
program, in accordance with the priorities established in subdivision
(b) of Section 8263.
(c) Subsequent to enrollment, a child of a student at a campus
operating a child development program shall be deemed eligible for
child development program services for a period of one academic year
unless the child no longer resides in the state, or the child is
deceased.
(c)
(d) The higher educational institutions may
institutionalize child development programs on their respective
campuses for the purpose of incorporating child development programs
into the missions and functions of the respective campuses.
(d)
(e) The Superintendent of Public Instruction
, in cooperation with higher educational institutions,
shall establish rules and regulations governing programs operated
pursuant to this section.
(e)
(f) It is the intention intent
of the Legislature that a consortium composed of higher
educational institutions be established by the institutions to
improve communication and cooperation and to advise and assist the
Superintendent of Public Instruction in the
development of rules and regulations and policies and procedures
affecting child care and development programs. The Superintendent
of Public Instruction , in cooperation with the
consortium, shall be responsible for ongoing communication with and
dissemination of information to all campus child care and development
agencies under contract with the State Department of Education.