California Legislature—2013–14 Regular Session

Assembly Bill No. 1902

Introduced by Assembly Member Bonta

February 19, 2014

An act to amend Sections 8239 and 8273 of the Education Code, relating to preschool.

LEGISLATIVE COUNSEL’S DIGEST

AB 1902, as introduced, Bonta. California State Preschool Program: part-day preschool: fees.

Existing law, the Child Care and Development Services Act, is enacted for, among other purposes, the purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires those programs to include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten 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.

Existing law requires fees to be assessed and collected for families with children in a part-day preschool program and requires the Superintendent to establish a fee schedule for families using preschool and child care and development services pursuant to the act.

This bill would eliminate the requirement for families to be assessed these fees for part-day preschool and for the Superintendent to establish a fee schedule for families using the part-day preschool program.

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.  

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
wraparound 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) Wraparound 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) Part-day preschool services combined with wraparound child
care services shall be reimbursed at no more than the full-day
standard reimbursement rate for general child care programs with
adjustment factors, pursuant to Section 8265 and as determined in
the annual Budget Act.

(d) Three- and four-year-old children are eligible for wraparound
child care services to supplement 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, and
the parents meet at least one of the criteria specified in paragraph
(2) of subdivision (a) of Section 8263.

(e) Fees shall be assessed and collected for begin delete families with children
in part-day preschool programs, or end delete families receiving wraparound
child care services, begin delete or both, end delete pursuant to Article 11.5 (commencing
with Section 8273).

(f) The Superintendent shall annually report to the Department
of Finance, on or before October 1 of each year, the fees collected
from families who have children enrolled in the California state
preschool program. begin delete The report shall distinguish between family
fees collected for part-day preschool programs and fees collected
for wraparound child care services. end delete

(g) For purposes of this section, “wraparound child care
services” and “wraparound general child care and development
programs” mean services provided for the remaining portion of
the day or remainder of the year following the completion of
part-day preschool services that are necessary to meet the child
care needs of parents eligible pursuant to subdivision (a) of Section
8263. These services shall be provided consistent with the general
child care and development programs provided pursuant to Article
8 (commencing with Section 8240).

SEC. 2.  

Section 8273 of the Education Code is amended to
read:

8273.  

(a) The Superintendent shall establish a fee schedule
for families using preschool and child care and development
services pursuant to this chapter, including families receiving
services pursuant to paragraph (1) of subdivision (b) of Section
8263. It is the intent of the Legislature that the new fee schedule
shall be simple and easy to implement.

(b) The family fee schedule shall retain a flat monthly fee per
family. The schedule shall differentiate between fees for part-time
care and full-time care.

(c) Using the most recently approved family fee schedule
pursuant to subdivision (f) of Section 8447, families shall be
assessed a flat monthly fee based on income, certified family need
for full-time or part-time care services, and enrollment, and shall
not be based on actual attendance. begin delete No end delete begin insert A end insert recalculation of a family
fee shall begin insert not end insert occur if attendance varies from enrollment unless a
change in need for care is assessed.

(d) The Superintendent shall design the new family fee schedule
based on the state median income data that was in use for the
2007−08 fiscal year, adjusted for family size. The revised family
fee schedule shall begin at income levels at which families
currently begin paying fees. The revised fees shall not exceed 10
percent of the family’s monthly income. The Superintendent shall
first submit the adjusted fee schedule to the Department of Finance
for approval.

(e) 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 et seq.) and Chapter 3 (commencing with
Section 12000) of Part 3 of Division 9 of the Welfare and
Institutions Code shall not be included in total countable income
for purposes of determining the amount of the family fee.

(f) Family fees shall be assessed at initial enrollment and
reassessed at update of certification or recertification.

(g) It is the intent of the Legislature that the new family fees
shall be cost neutral to the state and generate roughly the same
amount of revenue as was generated under the previous family fee
schedule.

begin insert

(h) The authority provided to the Superintendent to establish a
fee schedule pursuant to this section shall not apply to the part-day
preschool program provided pursuant to Section 8239.

end insert