BILL NUMBER: AB 1673 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
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 amended, 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 instead 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 instead 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 and subject to a specified exception , 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
one 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 purposes
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 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 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 An 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 before the first day of the beginning of
the new preschool year to certify eligibility and enroll families
into their its program. Subsequent to
enrollment, a child shall be deemed eligible for a part-day
California state preschool program for 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 services provided under this section shall be
reimbursed at no more than the standard reimbursement rate with
adjustment factors.
(d) Notwithstanding any provision of other
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 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 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 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 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 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 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 child care and development
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 child care and
development 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) 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, 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 , except for the first stage of child care services
provided pursuant to Section 8351, for a period of 12 months
unless the child on no longer resides
in the state, or the child is deceased.
(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.
(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.
(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.
(e) The Superintendent, in cooperation with higher educational
institutions, shall establish rules and regulations governing
child development programs operated pursuant to this section.
(f) It is the 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 in the development of rules and
regulations and policies and procedures affecting child care and
development programs. The Superintendent, 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.