California Assembly Bill AB1683 Introduced / Bill

 BILL NUMBER: AB 1683INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Torres JANUARY 26, 2010 An act to amend Sections 8236, 12000, and 12001 of, and to add Section 8235.5 to, the Education Code, relating to education. LEGISLATIVE COUNSEL'S DIGEST AB 1683, as introduced, Torres. Education: finance. Existing law requires applicants or contracting agencies that operate a state preschool program to give first priority for participation to neglected or abused children who are recipients of child protective services, or recipients who are at risk of being neglected or abused, as specified. This bill would state findings and declarations of the Legislature regarding children of youth who are in custody, on probation, or are in the foster care system. The bill would require priority for participation in state preschool programs also to be given to children who have a biological custodial parent who is, or who has been within the previous 6 months, a dependent or ward of the juvenile court pursuant to specified provisions of law. The bill would prohibit priority enrollment from being used to displace children who are currently receiving care. Existing law requires the State Board of Education to direct the allocation and apportionment of federal funds to local educational agencies. This bill instead would require the state board to direct the allocation and apportionment of federal funds to school districts, and would include county offices of education and other agencies, as specified, within the definition of school districts for purposes of these provisions. The bill would also make conforming changes. 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 8235.5 is added to the Education Code, to read: 8235.5. (a) The Legislature finds and declares that children of youth who are in custody, on probation, or are in the foster care system are at high risk of developmental delays and other cognitive, social, and emotional difficulties. (b) The Legislature further finds and declares that there is sufficient evidence to suggest that stressful prenatal experiences and even the physical and mental condition of parents prior to conception impact brain development and future well-being. (c) The Legislature further finds and declares that by extending eligibility for other programs and services to those most in need, specifically, the dependents of youth who are under court supervision, the public would enjoy future savings in education, health care, mental health, social services, and criminal justice. SEC. 2. 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   agency, or children who have a biological custodial parent who is, or who has been within the previous six months, a dependent or ward of the juvenile court, pursuant to Section 300, 601, or   602 of the Welfare and Institutions Code  . 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.  Priority enrollment shall be granted when slots become available, but shall not be used to displace children who are currently receiving care.  (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   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   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 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   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. 3. Section 12000 of the Education Code is amended to read: 12000.  Whenever   (a)     If,  by any act of Congress  ,  funds are provided as federal aid to education to the several states and the disposition of the funds is not otherwise provided for by or under the act of Congress or by or under any law of this state, the apportionment and distribution  thereof   of those funds  to school districts shall, insofar as consistent with the requirements prescribed by the federal law and implementing rules and regulations, be governed by the standards set forth in this article.  When any such   (b)     If a  federal law designates a state  education   educational  agency or other agency or officer primarily responsible for state supervision of public schools,  such   that  designation shall be deemed to refer to the State Board of Education. The State Board of Education shall make timely application for any federal funds made available, and shall, pursuant to the federal law and  the provisions of  this article, direct the allocation and apportionment of the federal funds to  local education agencies   school districts  .  (c) As used in this article, "school districts" include school districts, county offices of education, and other agencies deemed eligible pursuant to state and federal law.  SEC. 4. Section 12001 of the Education Code is amended to read: 12001. The State Board of Education shall adopt rules and regulations for the allocation of federal funds to  local  school districts  and other agencies  entitled to receive federal funds for the support of schools. In determining the rules and regulations by which  such   those  allocations are to be made, the State Board of Education shall consider all factors of local effort and all educational programs maintained by  such agencies. Such   those school districts. The  rules and regulations  adopted pursuant to this section  shall be based upon need  ,  and the  agencies'  State Board of Education shall carefully scrutinize the  abilities and efforts  shall be carefully scrutinized   of the affected school districts  .