Amended in Assembly June 19, 2014

Amended in Senate May 27, 2014

Amended in Senate April 3, 2014

Amended in Senate March 26, 2014

Senate Bill No. 1123

Introduced by Senator Liu

February 19, 2014

An act to amend Sections 8203, 8236, 8263, and 8263.1 of, begin insert to amend and repeal Section 8264.8 of, and end insert to add Sections 8242, 8264.9, and 8264.10 to, begin delete and to amend and repeal Section 8264.8 of, end delete the Education Code, relating to child care and development.

LEGISLATIVE COUNSEL’S DIGEST

SB 1123, as amended, Liu. Child care and development services.

Under 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 3- and 4-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development.

Existing law requires the Superintendent to develop standards for the implementation of quality programs with indicators of quality required to include certain things, including parent education.

This bill would also include parent education and support and continuity of care and the assignment of primary caregivers for infants and toddlers as part of quality indicators.

Existing law requires each applicant or contracting agency of a California state preschool program to give first priority to 3- or 4-year-old neglected or abused children, as provided, with 2nd priority required to go to eligible 4-year-old children before enrolling eligible 3-year-old children.

This bill would instead give 2nd priority to 4-year-old children who are not enrolled in a state-funded transitional kindergarten program. The bill would require 4-year-old children enrolled in a state-funded transitional kindergarten program to be deemed eligible for begin delete supplemental education and care end delete begin insert wraparound child care end insert services begin delete through the California state preschool program end delete if they meet certain eligibility requirements, as provided.

Existing law requires specified state preschool programs to have at least1⁄2 of the children enrolled at a preschool site to be 4-year-old children and requires certain priority requirements for the award of new funding for the expansion of the preschool program.

This bill would delete these requirements.

This bill would require the Superintendent to develop standards, rules, and regulations for the implementation of high-quality, evidenced-based infant and toddler services that would be required to, among other things, promote responsive caregiving by parents, guardians, and care providers. The bill would, upon appropriation by the Legislature in the annual Budget Act or in any other statute, establish supplemental grants for purposes of funding parent training and voluntary home visitation services.

Existing law authorizes a family enrolled in state or federally funded child care and development programs whose services would otherwise be terminated because the family no longer meets the program criteria to continue to receive child development services in another state or a federally funded child care and development program, as provided.

This bill would require a child to be deemed eligible for the remainder of the program year subsequent to enrollment in a state or federally funded child care and development program.

Existing law defines “income eligible,” for purposes of the act, to mean that a family’s adjusted monthly income is at or below 70% of the state median income, adjusted for family size, and adjusted annually.

This bill would also include in this definition a family that is eligible for Cal-Fresh or Medi-Cal, or has a school aged child eligible for free or reduced-price lunch.

Existing law establishes staffing ratios for center-based programs.

This bill would delete these ratios on July 1, 2019. The bill would require, no later than July 1, 2019, child care and development services providers to maintain updated staffing ratios, as provided. The bill would require no later than July 1, 2019, child care and development services providers to have at least one teacher in each classroom that holds at a minimum a child development teacher permit issued by the Commission on Teacher Credentialing begin insert , if funds are made available for that purpose in the annual Budget Act or in any other statute end insert .

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) The first three years of life are a period of dynamic and
unparalleled brain development in which children acquire the
ability to think, speak, learn, and reason. During these first 36
months, children need good health, strong families, and positive
early learning experiences to lay the foundation for later school
success. Low-income infants and toddlers are at a greater risk for
a variety of poorer outcomes and vulnerabilities, such as later
school failure, learning disabilities, behavior problems,
developmental delay, and health impairments.

(b) The most effective way to help babies and toddlers is to
promote positive parent-child relationships. Existing law requires
the Superintendent of Public Instruction to administer child care
and development programs, including the general child care and
development program that provides services to eligible low-income
children from birth to 13 years of age. For children birth to three
years of age, the General Child Care Program funds centers and
family child care home networks in 49 of California’s counties to
provide full-day, full-year child care and development services
that meet the State Department of Education’s Infant/Toddler
Learning and Development Foundations, and include some
provisions for parent education and involvement such as parent
conferences and an orientation. However, several core,
research-based approaches to parent engagement and support are
not required nor is funding provided.

(c) The federal Early Head Start program serves low-income
infants and toddlers with a flexible program model intended to
meet the varied needs of families, including child care and
development services, family engagement and support, voluntary
home visitation services, and health services. Research shows that
children who participated in Early Head Start had significantly
larger vocabularies and scored higher on standardized measures
of cognitive development, and that children and parents had more
positive interactions, and parents provided more support for
learning. Many different home visiting programs have been shown
to significantly reduce the occurrence of child maltreatment and
abuse, and improve children’s health and school success. Parent
training programs, such as the Positive Parenting Program, have
shown significant reductions in child abuse and neglect as well as
improvements in school readiness, health, and well-being.

(d) High quality learning services for infants and toddlers
strengthen family engagement and parent-child relationships; focus
workforce development on provider-child relationships; promote
teacher-child interaction and a language rich learning environment;
support dual language learning; serve as a gateway to
comprehensive services; and promote a choice of quality service
options.

SEC. 2.  

(a) It is the intent of the Legislature to strategically
use state and federal funds to provide a stable, comprehensive, and
adequately funded early learning and educational support system
for children from birth to five years of age that promotes access
to safe, high-quality, part-day and full-day services that support
the development of the whole child, especially for those children
who need it most, that includes, but is not limited to, the following:

(1) Supporting positive parent-child relationships and responsive
caregiving.

(2) Promoting language rich environments, including at home.

(3) Developmentally appropriate curriculum with differentiated
instruction.

(4) Knowledgeable, caring, and well-trained educators, staff,
and providers.

(5) Program activities and services that are age appropriate and
meet the developmental needs of each child, including special
needs children.

(6) Promotion of healthy practices and activities.

(7) An educationally enriched environment that respects and
supports cultural, linguistic, and ability diversity.

(8) A physical environment that is safe and appropriate to the
ages and developmental needs of the children served.

(9) Provision for nutritional needs and physical activity of
children.

(10) Access for low-income infants, toddlers, and preschoolers
to high-quality early learning and care.

(11) Access for all four-year-old children to a voluntary,
high-quality transitional kindergarten program one year before
enrolling in kindergarten.

(12) Support services for children and families that include
referral of children to appropriate agencies, including referrals
related to, but not limited to, all of the following:

(A) Health care.

(B) Social services that include, but are not limited to, child
abuse prevention, identification of child and family needs, and
referral to appropriate agencies.

(C) Early childhood mental health services, including primary
prevention, crisis intervention, assessments, and referrals.

(D) Family support, parenting education, and family and
community engagement.

(E) Counseling, including family counseling.

(F) Nutrition services.

(G) Interagency coordination and collaboration among the state
agencies responsible for the provision of support services to
children and their families.

(b) It is further the intent of the Legislature to ensure that
expansion of transitional kindergarten does not adversely impact
access to early care and education opportunities for infants and
toddlers.

SEC. 3.  

Section 8203 of the Education Code is amended to
read:

8203.  

The Superintendent shall develop standards for the
implementation of quality programs. Indicators of quality shall
include, but not be limited to:

(a) A physical environment that is safe and appropriate to the
ages of the children and that meets applicable licensing standards.

(b) Program activities and services that are age appropriate and
meet the developmental needs of each child.

(c) Program activities and services that meet the cultural and
linguistic needs of children and families.

(d) Family and community involvement.

(e) Parent education and support.

(f) Efficient and effective local program administration.

(g) Staff that possesses the appropriate and required
qualifications or experience, or both. The appropriate staff
qualifications shall reflect the diverse linguistic and cultural
makeup of the children and families in the child care and
development program. The use of intergenerational staff shall be
encouraged.

(h) Program activities and services that meet the needs of
children with exceptional needs and their families.

(i) Support services for children, families, and providers of care.

(j) Resource and referral services.

(k) Alternative payment services.

(l) Provision for nutritional needs of children.

(m) Social services that include, but are not limited to,
identification of child and family needs and referral to appropriate
agencies.

(n) Health services that include referral of children to appropriate
agencies for services.

(o) For services for infants and toddlers, continuity of care and
the assignment of primary caregivers.

SEC. 4.  

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, or who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical,
or social service agency. 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 who are not enrolled in a
state-funded transitional kindergarten program before 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.

(3) Four-year-old children enrolled in state-funded transitional
kindergarten programs shall be deemed eligible for begin delete supplemental
education and care services through the California state preschool
program end delete begin insert wraparound child care services, as defined in Section
8239, end insert if they are also eligible for free and reduced-price lunch,
CalFresh or Medi-Cal programs, or if their family’s adjusted
monthly income is at or below 70 percent of the state median
income, adjusted for family size, and adjusted annually.

(b) In an application for the award of new funding for the
expansion of a California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year,
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.

(c) This section does not 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 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.

(d) This section does not prevent eligible children who are
currently receiving services from continuing to receive those
services in future years pursuant to this chapter.

SEC. 5.  

Section 8242 is added to the Education Code, to read:

8242.  

(a) General child care services for infants and toddlers
shall be known as California Strong Start services.

(b) Services provided pursuant to this chapter that serve children
from birth to their third birthday, shall include, but not be limited
to, the following:

(1) Parent engagement and support services that promote
positive parent-child relationships.

(2) Full-day early learning and care services.

(3) Part-day early learning and care services.

(4) Voluntary home visitation services.

(5) Nutrition services.

(6) Referrals to needed services such as health and dental care,
child abuse prevention, housing, and early childhood mental health.

(c) The Superintendent shall develop standards, rules, and
regulations for the implementation of high-quality, evidenced-based
infant-toddler services, based on, but not limited to, the federal
Early Head Start model. The standards, rules, and regulations shall
achieve the following:

(1) Promote language rich environments, including supporting
a child’s home language and English acquisition.

(2) Promote responsive caregiving by parents, guardians, and
care providers.

(3) Be based on the Infant/Toddler Learning and Development
Foundations.

(d) California Strong Start service providers shall have the
flexibility to combine early learning and care services with one or
more of the additional services identified in subdivision (a), based
on the needs of the children and families served.

(e) California Strong Start service providers may coordinate
with First 5 California commissions, voluntary home visitation
programs, Early Head Start, child care, child welfare, early
childhood mental health and intervention including Early Start,
and health and nutrition services.

(f) (1) A family engagement supplemental grant shall be made
available to qualifying California Strong Start service providers,
as determined by the Superintendent, at a rate of one thousand
dollars ($1,000) per eligible child. The Superintendent shall
distribute family engagement supplemental grant funds for the
purpose of providing evidence-based parent training services as
defined in the California Department of Social Services’ California
Evidenced-Based Clearinghouse for Child Welfare.

(2) A countywide or regional consortium of California Strong
Start providers, with a lead grantee agency that is a First 5
California commission, county office of education, or other local
public agency, may apply to the Superintendent for a countywide
or regional grant for the total amount of eligible children pursuant
to paragraph (1).

(g) (1) A voluntary home visitation supplemental grant shall
be made available to qualifying California Strong Start service
providers, as determined by the Superintendent. For children who
receive full-day early learning and care services, the supplemental
grant amount shall be two thousand five hundred dollars ($2,500)
per child. For children who receive part-day early learning and
care services, the supplemental grant shall be six thousand dollars
($6,000) per child. The Superintendent shall distribute
supplemental grant funds for the purpose of providing
evidence-based voluntary home visitation services as defined in
the California Department of Social Services’ California
Evidenced-Based Clearinghouse for Child Welfare.

(2) A countywide or regional consortium of California Strong
Start providers, with a lead grantee agency that is a First 5
California commission, county office of education, or other local
public agency, may apply to the Superintendent for a countywide
or regional grant for the total amount of eligible children pursuant
to paragraph (1).

(h) Grants made pursuant to subdivisions (f) and (g) shall be
made only upon appropriation by the Legislature in the annual
Budget Act or in any other statute for purposes of funding general
child care services.

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, or 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, subsequent to enrollment in a state or
federally funded child care and development program, a child shall
be deemed eligible for the remainder of the program year.

(d) 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.

(e) 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.

(f) 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 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) 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.

(i) 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.

(j) 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 8263.1 of the Education Code is amended to
read:

8263.1.  

(a) For purposes of this chapter, “income eligible”
means either of the following:

(1) That a family’s adjusted monthly income is at or below 70
percent of the state median income, adjusted for family size, and
adjusted annually.

(2) That a family is eligible for CalFresh or Medi-Cal, or has a
schoolaged child eligible for free or reduced-price lunch.

(b) Notwithstanding any other law, for the 2011-12 fiscal year,
the income eligibility limits that were in effect for the 2007-08
fiscal year shall be reduced to 70 percent of the state median
income that was in use for the 2007-08 fiscal year, adjusted for
family size, effective July 1, 2011.

(c) Notwithstanding any other law, for the 2012-13 fiscal year,
the income eligibility limits shall be 70 percent of the state median
income that was in use for the 2007-08 fiscal year, adjusted for
family size.

(d) Notwithstanding any other law, for the 2013-14 fiscal year,
the income eligibility limits shall be 70 percent of the state median
income that was in use for the 2007-08 fiscal year, adjusted for
family size.

(e) Notwithstanding any other law, for the 2014-15 fiscal year
and each year thereafter, the income eligibility limits shall not be
less than 70 percent of the state median income for the prior fiscal
year, adjusted for family size.

(f) 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 purposes of determining eligibility for child
care under this chapter.

SEC. 8.  

Section 8264.8 of the Education Code is amended to
read:

8264.8.  

(a) Until the Superintendent promulgates regulations
for center-based programs establishing staffing ratios, the following
staffing ratios shall apply:

(1) Infants, 0 to 2 years old--1:3 adult-child ratio, 1:18
teacher-child ratio.

(2) Infants and toddlers, 0 to 2 years old--1:4 adult-child ratio,
1:16 teacher-child ratio.

(3) Children 3 to 6 years old--1:8 adult-child ratio, 1:24
teacher-child ratio.

(4) Children 6 to 10 years old--1:14 adult-child ratio, 1:28
teacher-child ratio.

(5) Children 10 to 13 years old--1:18 adult-child ratio, 1:36
teacher-child ratio.

(6) If groups of children of varying ages are commingled, the
teacher and adult ratios shall be proportionate and appropriate to
the ages and groups of children.

(b) This section shall remain in effect only until July 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2019, deletes or extends that date.

SEC. 9.  

Section 8264.9 is added to the Education Code, to
read:

8264.9.  

(a) No later than July 1, 2019, child care and
development services providers shall maintain the following
minimum ratios and group sizes:

(1) Infants, birth to 18 months old--1:4 adult-child ratio, 1:8
teacher-child ratio, a group size of 8; or 1:3 adult-child ratio, 1:9
teacher-child ratio, a group size of 9.

(2) Toddlers, 18 months up to their 3rd birthday--1:4 adult-child
ratio, 1:12 teacher-child ratio, a group size of 12.

(3) Preschool, at least 30 months to kindergarten eligibility--1:8
adult-child ratio, 1:24 teacher-child ratio, a group size of 24; or
1:10 adult-child ratio, 1:20 teacher-child ratio, a group size of 20.

(4) Schoolage, enrolled in kindergarten to their 13th
birthday--1:14 adult-child ratio, 1:28 teacher-child ratio.

(b) Compliance with the ratios established by subdivision (a)
shall be determined based on actual attendance.

(c) This section shall not apply to family child care home
education networks operating pursuant to Article 8.5 (commencing
with Section 8245).

(d) Notwithstanding Section 8264.8, this section does not
prevent child care and development services providers from
maintaining the ratios pursuant to this section before July 1, 2019.

SEC. 10.  

Section 8264.10 is added to the Education Code, to
read:

8264.10.  

(a)  begin insert (1) end insert begin insert   end insert No later than July 1, 2019, child care and
development services providers shall have at least one teacher in
each classroom that holds at a minimum a child development
teacher permit issued by the Commission on Teacher Credentialing.

begin insert

(2) Paragraph (1) shall only become operative if funds are made
available in the annual Budget Act or in any other statute for
purposes of paragraph (1).

end insert

(b) No later than July 1, 2017, the Commission on Teacher
Credentialing shall review and amend the Child Development
begin delete Permit Matrix. end delete begin insert Permit. end insert The amendments shall include the following
requirements:

(1)  begin delete Teachers and caregivers of infants and toddlers shall obtain end delete
begin insert The development of an infant and toddler emphasis that includes
a minimum of end insert six units in infant and toddler development.

(2) Each permitholder shall have an individual professional
development plan that includes a minimum of 21 hours of annual
training, and that such training include in-classroom coaching.
In-classroom coaching may account for up to 10 of the 21 hours
each year.