California Senate Bill SB311 Latest Draft

 BILL NUMBER: SB 311AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 6, 2015 AMENDED IN SENATE JUNE 1, 2015 AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Beall (Coauthor: Senator Wieckowski) FEBRUARY 23, 2015 An act to add and repeal Article  7.5   7.6  (commencing with Section  8239.5)   8239.15)  of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to preschool, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 311, as amended, Beall. Child Care and Development Services Act: preschool: Alum Rock Union Elementary School District: pilot project. Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility. This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara,  and a preschool program,   as defined,  as a pilot project until  January 1, 2022,   June 30, 2021,  to develop and implement an individualized eligibility part-day preschool  subsidy  plan for children residing in the school district for purposes of attending a  state-funded part-day  preschool program in the school district. The bill would require the school district  to consult with   and the  preschool  programs, as defined, and   program to consult with  the Santa Clara  County  Office of Education  and First 5 Santa Clara County  in developing the plan. The bill would require the plan to include specified  elements relating to   elements. The bill would establish certain requirements relating to  eligibility and age of preschool program participation. The bill would require the plan  , and any modifications t  o the plan,  to be submitted to, and approved by,  the Santa Clara County Local Child Care Planning Council and   the governing board of the school district. The bill would require the governing board of the school district, upon approval, to submit the plan or modifications to  the Early Education and Support Division of the State Department of  Education.  Education for approval, as provided.  The bill would require the school district  and the preschool program  to submit an annual report to the Legislature and the department, as provided, and  a final   an additional  report on or before December 31,  2022.   2020, that provides recommendations as to whether the pilot project should continue as a permanent program.  The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions. This bill would make legislative findings and declarations as to the necessity for special legislation. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article  7.5   7.6  (commencing with Section  8239.5)   8239.15)  is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article  7.5.   7.6.  Individualized Eligibility Part-Day Preschool  Subsidy  Plan for Alum Rock Union Elementary School District  8239.5.   8239.15.  For purposes of this article, the following terms have the following meanings: (a) "School district" means the Alum Rock Union Elementary School District, located in the County of Santa Clara. (b)  (1)    "Preschool program" means  a state-funded part-day preschool program that operates in the school district.   an agency that holds a California state preschool program (Article 7 (commencing with Section 8235)) contract with the department as of July 1, 2015, has a memorandum of understanding with the school district, and holds a license pursuant to Article 2 (commencing with Section 1596.80) of Chapter 3.4 of Division 2 of the Health and Safety Code for preschool services within a transitional kindergarten classroom in the school district.   (2) The memorandum of understanding between the school district and the preschool program shall clarify the use of facilities, shared goals of the pilot project, and the responsibilities of both parties.   8239.6.   8239.16.  The school district  and the preschool program, in consultation with the Santa Clara County Office of Education and First 5 Santa Clara County  , as a pilot project, may develop and implement an individualized eligibility part-day preschool  subsidy  plan for children residing in the school district for purposes of attending a preschool program in the school district. The plan shall  ensure that child care subsidies received by a preschool program are used to address local needs, conditions, and priorities of families in the school district and for preparing children for kindergarten and grades 1 to 12, inclusive.   include, but not be limited to, all of the following:   (a) Elements to address local needs, conditions, and priorities of families in the school district for purposes of preparing children for kindergarten and grades 1 to 12, inclusive.   (b) Increasing access to preschool in the school district to prepare children for transitional kindergarten and kindergarten. (c) The provision of supplemental services to children in transitional kindergarten. (d) The provision of parent education, parent engagement, and family support services. (e) Systems to facilitate transition of children and their families from a federal Head Start program and preschool to transitional kindergarten and kindergarten. (f) Increasing collaboration between preschool, transitional kindergarten, and kindergarten teachers.   8239.7. Before implementing the plan, the school district, in consultation with any preschool program and the Santa Clara Office of Education, shall develop an individualized eligibility part-day preschool subsidy plan that shall include both of the following:   8239.17  (a) Notwithstanding any other law, eligibility to participate in the  preschool program   services offered under the pilot project  shall be based on either of the following conditions: (1) The child is eligible for free or reduced-price meals, as that term is used in subdivision (a) of Section 42238.01  , or participates in the federal Child and Adult Care Food Program (42 U.S.C. Sec 1766; 7 C.F.R. 226.20) . (2) The child is a foster youth, as that term is used in subdivision (b) of Section 42238.01. (b) Notwithstanding any other law, children up to the age of admission into  first grade   kindergarten pursuant to Section 48000 shall be allowed to participate in the  preschool program   services offered under the pilot project  .  8239.8.   8239.18.   (a)    The plan  and any modifications to the plan  shall be submitted  to, and approved by,   to  the  Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the department   governing board of the school district, for approval by the governing board of the school district. Upon approval by the governing board of the school district, the plan or modifications to the plan shall be submitted to the Early Education and Support Division of the department for review  .  (b) Within 30 days of receiving the plan or modifications, the Early Education and Support Division shall review and either approve or disapprove the plan or the modifications.   (c) The Early Education and Support Division may disapprove only those portions of the plan or modifications to the plan that are not in conformance with this article or that are in conflict with federal law.   8239.9.   8239.19.  (a) Upon approval of the plan, pursuant to Section  8239.8   8239.18  , the school  district, in consultation with the   district and the  preschool program,  in consultation with  the Santa Clara  County Office of  Education,   Education  and First 5 Santa Clara  County  , shall prepare and submit an annual report to the Legislature and the department that summarizes the success of the pilot  project.   project, and shall demonstrate all of the following, as applicable:   (1) By the end of the first fiscal year of operation under the approved pilot project plan, an increase in the enrollment of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan.   (2) By the end of the second fiscal year of operation under the approved pilot project plan, an increase in the percentage of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan of 3 percent.   (3) By the end of the first fiscal year of operation under the approved pilot project plan, an increase of 3 percent of the child days of enrollment of children receiving child development services under a California state preschool program (Article 7 (commencing with Section 8235)) contract over the 2014-15 fiscal year.  (b) The school district  and the preschool program  , in consultation with  the preschool program,  the Santa Clara  County  Office of  Education,   Education  and First 5 Santa Clara  County,  shall submit a  final  report to the Legislature and the department on or before December 31,  2022,   2020,  that shall provide recommendations as to whether the pilot project should continue as a permanent program. (c) A report submitted to the Legislature pursuant to this section shall be submitted in compliance with  Section  9795 of the Government Code.  8239.10.   8239.20.  The school district  and the preschool program  may implement an individualized eligibility part-day preschool  subsidy  plan as a pilot project pursuant to this article until  January 1, 2022,   June 30, 2021,  at which date the school district shall terminate the plan and implement the state's requirements for subsidized part-day preschools. A child enrolling for the first time in a preschool program in the school district after  January 1, 2022,   June, 30, 2021,  shall not be enrolled in the pilot project established pursuant to this article, and shall be subject to existing state laws and regulations regarding preschool eligibility.  8239.21. Sharing of information between the school district and the preschool program shall be in accordance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant thereto.   8239.11.   8239.22.  Additional state funds shall not be appropriated for purposes of implementing this article.  8239.12.   8239.23.  This article shall remain in effect only until January 1,  2023,   2022,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2023,   2022,  deletes or extends that date. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Alum Rock Union Elementary School District, in the County of Santa Clara. The school district has a high level of children who live in poverty, children who are English language learners, children who are part of a minority group, and children who are exposed to violence in their community. The school district is particularly focused on significantly increasing pupil achievement and parent engagement and this act will achieve this by offering preschool services to children and families in the school district. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The start of  a  the 2015-16 school year begins in August. This act will prevent needless hours and paperwork to certify eligibility past the August start date. Therefore, in order to eliminate the barriers for families to access state preschool and to remove the paperwork burden on families and agencies in time for the new school year, it is necessary that this act take effect immediately.