California 2017-2018 Regular Session

California Assembly Bill AB108 Compare Versions

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1-Assembly Bill No. 108 CHAPTER 7An act to amend Sections 8212, 8332, 8332.1, 8332.2, 8332.3, 8332.4, 8332.5, 8332.7, 8335.1, 8335.3, 8335.4, 8347.2, 8347.3, 8347.4, and 8499.5 of, to amend the heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Sections 8332.25, 8332.8, and 8335.5 to, to repeal Section 8335.2 of, and to repeal Article 15.1.1 (commencing with Section 8333), Article 15.1.1 (commencing with Section 8334), Article 15.3 (commencing with Section 8340), Article 15.4.1 (commencing with Section 8348), and Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, to amend Sections 99101, 99102, 99106, 99108, and 99109 of, and to repeal Section 99104 of, the Government Code, and to add Item 6980-102-0001 to, and to repeal Item 0954-101-0001 of, Section 2.00 of the Budget Act of 2017, relating to education, and making an appropriation therefor, to take effect immediately, bill related to the budget. [ Approved by Governor March 13, 2018. Filed with Secretary of State March 13, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 108, Committee on Budget. Education: Child care: individualized county child care subsidy plans: the Every Kid Counts (EKC) Act.(1) The Child Care and Development Services Act has a 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 develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county child care subsidy plan, as provided. Existing law repeals each of these pilot programs on specified dates.This bill would repeal, recast, and revise the law relating to the above-specified counties individualized subsidy plans and make related conforming changes, as provided. The bill would extend the operative dates of the individualized pilot programs by 6 months.(2) Existing law authorizes the City and County of San Francisco and the City of San Mateo to develop and implement individualized county child care subsidy plans that include specified elements. Existing law authorizes the plans to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria, as provided. This bill would, among other things, make changes to the eligibility criteria and would allow the plans to supersede state law on ratios of four-year-old children in state preschool programs.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.(4) Existing law establishes the Every Kid Counts (EKC) Act, which requires the Scholarshare Investment Board to implement and administer a college savings program that incentivizes families to participate in a qualified tuition program established under the Golden State Scholarshare Trust Act or other college savings programs. Before implementing the program, existing law requires the board to make specified considerations, including how best to incentivize low-income families to participate in these college savings programs and whether and how proposed actions allow for rigorous evaluation of the effects of the EKC Act. Existing law requires the board and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under these college savings programs.This bill would revise and recast the act to instead, among other things, require the Student Aid Commission to distribute grants to local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families establish and maintain college savings accounts. The bill would make the amount of each grant $100,000, at a minimum, and would require each participating entity to meet certain requirements in order to receive the grant.(5) Existing law, the Budget Act of 2017, appropriates $3,000,000 for purposes of the Golden State Scholarshare Trust Program.This bill would repeal that appropriation and would appropriate that amount to the Student Aid Commission for purposes of the EKC College Savings Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8212 of the Education Code is amended to read:8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.SEC. 2. The heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is amended to read: Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy PlansSEC. 3. Section 8332 of the Education Code is amended to read:8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.SEC. 4. Section 8332.1 of the Education Code is amended to read:8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.SEC. 5. Section 8332.2 of the Education Code is amended to read:8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project. SEC. 6. Section 8332.25 is added to the Education Code, immediately following Section 8332.2, to read:8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors. SEC. 7. Section 8332.3 of the Education Code is amended to read:8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.SEC. 8. Section 8332.4 of the Education Code is amended to read:8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year. SEC. 9. Section 8332.5 of the Education Code is amended to read:8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 10. Section 8332.7 of the Education Code is amended to read:8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.SEC. 11. Section 8332.8 is added to the Education Code, to read:8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors. SEC. 12. Article 15.1.1 (commencing with Section 8333) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 703 of the Statutes of 2017, is repealed.SEC. 13. Article 15.1.1 (commencing with Section 8334) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 697 of the Statutes of 2017, is repealed.SEC. 14. Section 8335.1 of the Education Code is amended to read:8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.SEC. 15. Section 8335.2 of the Education Code is repealed.SEC. 16. Section 8335.3 of the Education Code is amended to read:8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.SEC. 17. Section 8335.4 of the Education Code is amended to read:8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 18. Section 8335.5 is added to the Education Code, to read:8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).SEC. 19. Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 20. Section 8347.2 of the Education Code is amended to read:8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.SEC. 21. Section 8347.3 of the Education Code is amended to read:8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.SEC. 22. Section 8347.4 of the Education Code is amended to read:8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 23. Article 15.4.1 (commencing with Section 8348) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 24. Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 25. Section 8499.5 of the Education Code is amended to read:8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.SEC. 26. Section 99101 of the Government Code is amended to read:99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.SEC. 27. Section 99102 of the Government Code is amended to read:99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.SEC. 28. Section 99104 of the Government Code is repealed.SEC. 29. Section 99106 of the Government Code is amended to read:99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.SEC. 30. Section 99108 of the Government Code is amended to read:99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.SEC. 31. Section 99109 of the Government Code is amended to read:99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).SEC. 32. Item 0954-101-0001 of Section 2.00 of the Budget Act of 2017 is repealed.SEC. 33. Item 6980-102-0001 is added to Section 2.00 of the Budget Act of 2017, to read:6980-102-0001For local assistance, Student Aid Commission ........................ 3,000,000Schedule:(1)Every Kid Counts (EKC) College Savings Program ........................ 3,000,000Provisions:1.The funds appropriated in this item are for costs of the Every Kid Counts (EKC) College Savings Program, pursuant to Title 19 (commencing with Section 99100) of the Government Code. The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, and available for liquidation until June 30, 2021.SEC. 34. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma. Existing law does not reflect the fiscal reality of living in these counties, some of which are high-cost counties where the cost of living is well beyond the state median level resulting in reduced access to quality child care, and in some of the other counties, the cost of operating child care programming coupled with the minimum wage increase, means families are experiencing challenges in meeting eligibility criteria for state subsidized programs. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma with proper access to child care through an individualized county child care subsidy plan. SEC. 35. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
1+Enrolled March 08, 2018 Passed IN Senate March 08, 2018 Passed IN Assembly March 08, 2018 Amended IN Senate February 27, 2018 Amended IN Senate February 26, 2018 Amended IN Senate June 12, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 108Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limn, McCarty, Medina, Mullin, Muratsuchi, ODonnell, Rubio, Mark Stone, Weber, and Wood) January 10, 2017An act to amend Sections 8212, 8332, 8332.1, 8332.2, 8332.3, 8332.4, 8332.5, 8332.7, 8335.1, 8335.3, 8335.4, 8347.2, 8347.3, 8347.4, and 8499.5 of, to amend the heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Sections 8332.25, 8332.8, and 8335.5 to, to repeal Section 8335.2 of, and to repeal Article 15.1.1 (commencing with Section 8333), Article 15.1.1 (commencing with Section 8334), Article 15.3 (commencing with Section 8340), Article 15.4.1 (commencing with Section 8348), and Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, to amend Sections 99101, 99102, 99106, 99108, and 99109 of, and to repeal Section 99104 of, the Government Code, and to add Item 6980-102-0001 to, and to repeal Item 0954-101-0001 of, Section 2.00 of the Budget Act of 2017, relating to education, and making an appropriation therefor, to take effect immediately, bill related to the budget. LEGISLATIVE COUNSEL'S DIGESTAB 108, Committee on Budget. Education: Child care: individualized county child care subsidy plans: the Every Kid Counts (EKC) Act.(1) The Child Care and Development Services Act has a 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 develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county child care subsidy plan, as provided. Existing law repeals each of these pilot programs on specified dates.This bill would repeal, recast, and revise the law relating to the above-specified counties individualized subsidy plans and make related conforming changes, as provided. The bill would extend the operative dates of the individualized pilot programs by 6 months.(2) Existing law authorizes the City and County of San Francisco and the City of San Mateo to develop and implement individualized county child care subsidy plans that include specified elements. Existing law authorizes the plans to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria, as provided. This bill would, among other things, make changes to the eligibility criteria and would allow the plans to supersede state law on ratios of four-year-old children in state preschool programs.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.(4) Existing law establishes the Every Kid Counts (EKC) Act, which requires the Scholarshare Investment Board to implement and administer a college savings program that incentivizes families to participate in a qualified tuition program established under the Golden State Scholarshare Trust Act or other college savings programs. Before implementing the program, existing law requires the board to make specified considerations, including how best to incentivize low-income families to participate in these college savings programs and whether and how proposed actions allow for rigorous evaluation of the effects of the EKC Act. Existing law requires the board and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under these college savings programs.This bill would revise and recast the act to instead, among other things, require the Student Aid Commission to distribute grants to local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families establish and maintain college savings accounts. The bill would make the amount of each grant $100,000, at a minimum, and would require each participating entity to meet certain requirements in order to receive the grant.(5) Existing law, the Budget Act of 2017, appropriates $3,000,000 for purposes of the Golden State Scholarshare Trust Program.This bill would repeal that appropriation and would appropriate that amount to the Student Aid Commission for purposes of the EKC College Savings Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8212 of the Education Code is amended to read:8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.SEC. 2. The heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is amended to read: Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy PlansSEC. 3. Section 8332 of the Education Code is amended to read:8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.SEC. 4. Section 8332.1 of the Education Code is amended to read:8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.SEC. 5. Section 8332.2 of the Education Code is amended to read:8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project. SEC. 6. Section 8332.25 is added to the Education Code, immediately following Section 8332.2, to read:8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors. SEC. 7. Section 8332.3 of the Education Code is amended to read:8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.SEC. 8. Section 8332.4 of the Education Code is amended to read:8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year. SEC. 9. Section 8332.5 of the Education Code is amended to read:8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 10. Section 8332.7 of the Education Code is amended to read:8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.SEC. 11. Section 8332.8 is added to the Education Code, to read:8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors. SEC. 12. Article 15.1.1 (commencing with Section 8333) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 703 of the Statutes of 2017, is repealed.SEC. 13. Article 15.1.1 (commencing with Section 8334) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 697 of the Statutes of 2017, is repealed.SEC. 14. Section 8335.1 of the Education Code is amended to read:8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.SEC. 15. Section 8335.2 of the Education Code is repealed.SEC. 16. Section 8335.3 of the Education Code is amended to read:8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.SEC. 17. Section 8335.4 of the Education Code is amended to read:8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 18. Section 8335.5 is added to the Education Code, to read:8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).SEC. 19. Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 20. Section 8347.2 of the Education Code is amended to read:8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.SEC. 21. Section 8347.3 of the Education Code is amended to read:8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.SEC. 22. Section 8347.4 of the Education Code is amended to read:8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 23. Article 15.4.1 (commencing with Section 8348) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 24. Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 25. Section 8499.5 of the Education Code is amended to read:8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.SEC. 26. Section 99101 of the Government Code is amended to read:99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.SEC. 27. Section 99102 of the Government Code is amended to read:99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.SEC. 28. Section 99104 of the Government Code is repealed.SEC. 29. Section 99106 of the Government Code is amended to read:99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.SEC. 30. Section 99108 of the Government Code is amended to read:99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.SEC. 31. Section 99109 of the Government Code is amended to read:99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).SEC. 32. Item 0954-101-0001 of Section 2.00 of the Budget Act of 2017 is repealed.SEC. 33. Item 6980-102-0001 is added to Section 2.00 of the Budget Act of 2017, to read:6980-102-0001For local assistance, Student Aid Commission ........................ 3,000,000Schedule:(1)Every Kid Counts (EKC) College Savings Program ........................ 3,000,000Provisions:1.The funds appropriated in this item are for costs of the Every Kid Counts (EKC) College Savings Program, pursuant to Title 19 (commencing with Section 99100) of the Government Code. The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, and available for liquidation until June 30, 2021.SEC. 34. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma. Existing law does not reflect the fiscal reality of living in these counties, some of which are high-cost counties where the cost of living is well beyond the state median level resulting in reduced access to quality child care, and in some of the other counties, the cost of operating child care programming coupled with the minimum wage increase, means families are experiencing challenges in meeting eligibility criteria for state subsidized programs. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma with proper access to child care through an individualized county child care subsidy plan. SEC. 35. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
22
3- Assembly Bill No. 108 CHAPTER 7An act to amend Sections 8212, 8332, 8332.1, 8332.2, 8332.3, 8332.4, 8332.5, 8332.7, 8335.1, 8335.3, 8335.4, 8347.2, 8347.3, 8347.4, and 8499.5 of, to amend the heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Sections 8332.25, 8332.8, and 8335.5 to, to repeal Section 8335.2 of, and to repeal Article 15.1.1 (commencing with Section 8333), Article 15.1.1 (commencing with Section 8334), Article 15.3 (commencing with Section 8340), Article 15.4.1 (commencing with Section 8348), and Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, to amend Sections 99101, 99102, 99106, 99108, and 99109 of, and to repeal Section 99104 of, the Government Code, and to add Item 6980-102-0001 to, and to repeal Item 0954-101-0001 of, Section 2.00 of the Budget Act of 2017, relating to education, and making an appropriation therefor, to take effect immediately, bill related to the budget. [ Approved by Governor March 13, 2018. Filed with Secretary of State March 13, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 108, Committee on Budget. Education: Child care: individualized county child care subsidy plans: the Every Kid Counts (EKC) Act.(1) The Child Care and Development Services Act has a 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 develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county child care subsidy plan, as provided. Existing law repeals each of these pilot programs on specified dates.This bill would repeal, recast, and revise the law relating to the above-specified counties individualized subsidy plans and make related conforming changes, as provided. The bill would extend the operative dates of the individualized pilot programs by 6 months.(2) Existing law authorizes the City and County of San Francisco and the City of San Mateo to develop and implement individualized county child care subsidy plans that include specified elements. Existing law authorizes the plans to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria, as provided. This bill would, among other things, make changes to the eligibility criteria and would allow the plans to supersede state law on ratios of four-year-old children in state preschool programs.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.(4) Existing law establishes the Every Kid Counts (EKC) Act, which requires the Scholarshare Investment Board to implement and administer a college savings program that incentivizes families to participate in a qualified tuition program established under the Golden State Scholarshare Trust Act or other college savings programs. Before implementing the program, existing law requires the board to make specified considerations, including how best to incentivize low-income families to participate in these college savings programs and whether and how proposed actions allow for rigorous evaluation of the effects of the EKC Act. Existing law requires the board and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under these college savings programs.This bill would revise and recast the act to instead, among other things, require the Student Aid Commission to distribute grants to local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families establish and maintain college savings accounts. The bill would make the amount of each grant $100,000, at a minimum, and would require each participating entity to meet certain requirements in order to receive the grant.(5) Existing law, the Budget Act of 2017, appropriates $3,000,000 for purposes of the Golden State Scholarshare Trust Program.This bill would repeal that appropriation and would appropriate that amount to the Student Aid Commission for purposes of the EKC College Savings Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO
3+ Enrolled March 08, 2018 Passed IN Senate March 08, 2018 Passed IN Assembly March 08, 2018 Amended IN Senate February 27, 2018 Amended IN Senate February 26, 2018 Amended IN Senate June 12, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 108Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limn, McCarty, Medina, Mullin, Muratsuchi, ODonnell, Rubio, Mark Stone, Weber, and Wood) January 10, 2017An act to amend Sections 8212, 8332, 8332.1, 8332.2, 8332.3, 8332.4, 8332.5, 8332.7, 8335.1, 8335.3, 8335.4, 8347.2, 8347.3, 8347.4, and 8499.5 of, to amend the heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Sections 8332.25, 8332.8, and 8335.5 to, to repeal Section 8335.2 of, and to repeal Article 15.1.1 (commencing with Section 8333), Article 15.1.1 (commencing with Section 8334), Article 15.3 (commencing with Section 8340), Article 15.4.1 (commencing with Section 8348), and Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, to amend Sections 99101, 99102, 99106, 99108, and 99109 of, and to repeal Section 99104 of, the Government Code, and to add Item 6980-102-0001 to, and to repeal Item 0954-101-0001 of, Section 2.00 of the Budget Act of 2017, relating to education, and making an appropriation therefor, to take effect immediately, bill related to the budget. LEGISLATIVE COUNSEL'S DIGESTAB 108, Committee on Budget. Education: Child care: individualized county child care subsidy plans: the Every Kid Counts (EKC) Act.(1) The Child Care and Development Services Act has a 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 develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county child care subsidy plan, as provided. Existing law repeals each of these pilot programs on specified dates.This bill would repeal, recast, and revise the law relating to the above-specified counties individualized subsidy plans and make related conforming changes, as provided. The bill would extend the operative dates of the individualized pilot programs by 6 months.(2) Existing law authorizes the City and County of San Francisco and the City of San Mateo to develop and implement individualized county child care subsidy plans that include specified elements. Existing law authorizes the plans to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria, as provided. This bill would, among other things, make changes to the eligibility criteria and would allow the plans to supersede state law on ratios of four-year-old children in state preschool programs.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.(4) Existing law establishes the Every Kid Counts (EKC) Act, which requires the Scholarshare Investment Board to implement and administer a college savings program that incentivizes families to participate in a qualified tuition program established under the Golden State Scholarshare Trust Act or other college savings programs. Before implementing the program, existing law requires the board to make specified considerations, including how best to incentivize low-income families to participate in these college savings programs and whether and how proposed actions allow for rigorous evaluation of the effects of the EKC Act. Existing law requires the board and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under these college savings programs.This bill would revise and recast the act to instead, among other things, require the Student Aid Commission to distribute grants to local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families establish and maintain college savings accounts. The bill would make the amount of each grant $100,000, at a minimum, and would require each participating entity to meet certain requirements in order to receive the grant.(5) Existing law, the Budget Act of 2017, appropriates $3,000,000 for purposes of the Golden State Scholarshare Trust Program.This bill would repeal that appropriation and would appropriate that amount to the Student Aid Commission for purposes of the EKC College Savings Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.Digest Key Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled March 08, 2018 Passed IN Senate March 08, 2018 Passed IN Assembly March 08, 2018 Amended IN Senate February 27, 2018 Amended IN Senate February 26, 2018 Amended IN Senate June 12, 2017
6+
7+Enrolled March 08, 2018
8+Passed IN Senate March 08, 2018
9+Passed IN Assembly March 08, 2018
10+Amended IN Senate February 27, 2018
11+Amended IN Senate February 26, 2018
12+Amended IN Senate June 12, 2017
13+
14+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
415
516 Assembly Bill No. 108
6-CHAPTER 7
17+
18+Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limn, McCarty, Medina, Mullin, Muratsuchi, ODonnell, Rubio, Mark Stone, Weber, and Wood) January 10, 2017
19+
20+Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limn, McCarty, Medina, Mullin, Muratsuchi, ODonnell, Rubio, Mark Stone, Weber, and Wood)
21+January 10, 2017
722
823 An act to amend Sections 8212, 8332, 8332.1, 8332.2, 8332.3, 8332.4, 8332.5, 8332.7, 8335.1, 8335.3, 8335.4, 8347.2, 8347.3, 8347.4, and 8499.5 of, to amend the heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Sections 8332.25, 8332.8, and 8335.5 to, to repeal Section 8335.2 of, and to repeal Article 15.1.1 (commencing with Section 8333), Article 15.1.1 (commencing with Section 8334), Article 15.3 (commencing with Section 8340), Article 15.4.1 (commencing with Section 8348), and Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, to amend Sections 99101, 99102, 99106, 99108, and 99109 of, and to repeal Section 99104 of, the Government Code, and to add Item 6980-102-0001 to, and to repeal Item 0954-101-0001 of, Section 2.00 of the Budget Act of 2017, relating to education, and making an appropriation therefor, to take effect immediately, bill related to the budget.
9-
10- [ Approved by Governor March 13, 2018. Filed with Secretary of State March 13, 2018. ]
1124
1225 LEGISLATIVE COUNSEL'S DIGEST
1326
1427 ## LEGISLATIVE COUNSEL'S DIGEST
1528
1629 AB 108, Committee on Budget. Education: Child care: individualized county child care subsidy plans: the Every Kid Counts (EKC) Act.
1730
1831 (1) The Child Care and Development Services Act has a 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 develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county child care subsidy plan, as provided. Existing law repeals each of these pilot programs on specified dates.This bill would repeal, recast, and revise the law relating to the above-specified counties individualized subsidy plans and make related conforming changes, as provided. The bill would extend the operative dates of the individualized pilot programs by 6 months.(2) Existing law authorizes the City and County of San Francisco and the City of San Mateo to develop and implement individualized county child care subsidy plans that include specified elements. Existing law authorizes the plans to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria, as provided. This bill would, among other things, make changes to the eligibility criteria and would allow the plans to supersede state law on ratios of four-year-old children in state preschool programs.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.(4) Existing law establishes the Every Kid Counts (EKC) Act, which requires the Scholarshare Investment Board to implement and administer a college savings program that incentivizes families to participate in a qualified tuition program established under the Golden State Scholarshare Trust Act or other college savings programs. Before implementing the program, existing law requires the board to make specified considerations, including how best to incentivize low-income families to participate in these college savings programs and whether and how proposed actions allow for rigorous evaluation of the effects of the EKC Act. Existing law requires the board and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under these college savings programs.This bill would revise and recast the act to instead, among other things, require the Student Aid Commission to distribute grants to local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families establish and maintain college savings accounts. The bill would make the amount of each grant $100,000, at a minimum, and would require each participating entity to meet certain requirements in order to receive the grant.(5) Existing law, the Budget Act of 2017, appropriates $3,000,000 for purposes of the Golden State Scholarshare Trust Program.This bill would repeal that appropriation and would appropriate that amount to the Student Aid Commission for purposes of the EKC College Savings Program.This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
1932
2033 (1) The Child Care and Development Services Act has a 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 develop standards for the implementation of quality child care programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county child care subsidy plan, as provided. Existing law repeals each of these pilot programs on specified dates.
2134
2235 This bill would repeal, recast, and revise the law relating to the above-specified counties individualized subsidy plans and make related conforming changes, as provided. The bill would extend the operative dates of the individualized pilot programs by 6 months.
2336
2437 (2) Existing law authorizes the City and County of San Francisco and the City of San Mateo to develop and implement individualized county child care subsidy plans that include specified elements. Existing law authorizes the plans to supersede state law concerning child care subsidy programs with regard to specified factors, including eligibility criteria, as provided.
2538
2639 This bill would, among other things, make changes to the eligibility criteria and would allow the plans to supersede state law on ratios of four-year-old children in state preschool programs.
2740
2841 (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.
2942
3043 (4) Existing law establishes the Every Kid Counts (EKC) Act, which requires the Scholarshare Investment Board to implement and administer a college savings program that incentivizes families to participate in a qualified tuition program established under the Golden State Scholarshare Trust Act or other college savings programs. Before implementing the program, existing law requires the board to make specified considerations, including how best to incentivize low-income families to participate in these college savings programs and whether and how proposed actions allow for rigorous evaluation of the effects of the EKC Act. Existing law requires the board and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under these college savings programs.
3144
3245 This bill would revise and recast the act to instead, among other things, require the Student Aid Commission to distribute grants to local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families establish and maintain college savings accounts. The bill would make the amount of each grant $100,000, at a minimum, and would require each participating entity to meet certain requirements in order to receive the grant.
3346
3447 (5) Existing law, the Budget Act of 2017, appropriates $3,000,000 for purposes of the Golden State Scholarshare Trust Program.
3548
3649 This bill would repeal that appropriation and would appropriate that amount to the Student Aid Commission for purposes of the EKC College Savings Program.
3750
3851 This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
3952
4053 ## Digest Key
4154
4255 ## Bill Text
4356
4457 The people of the State of California do enact as follows:SECTION 1. Section 8212 of the Education Code is amended to read:8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.SEC. 2. The heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is amended to read: Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy PlansSEC. 3. Section 8332 of the Education Code is amended to read:8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.SEC. 4. Section 8332.1 of the Education Code is amended to read:8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.SEC. 5. Section 8332.2 of the Education Code is amended to read:8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project. SEC. 6. Section 8332.25 is added to the Education Code, immediately following Section 8332.2, to read:8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors. SEC. 7. Section 8332.3 of the Education Code is amended to read:8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.SEC. 8. Section 8332.4 of the Education Code is amended to read:8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year. SEC. 9. Section 8332.5 of the Education Code is amended to read:8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 10. Section 8332.7 of the Education Code is amended to read:8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.SEC. 11. Section 8332.8 is added to the Education Code, to read:8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors. SEC. 12. Article 15.1.1 (commencing with Section 8333) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 703 of the Statutes of 2017, is repealed.SEC. 13. Article 15.1.1 (commencing with Section 8334) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 697 of the Statutes of 2017, is repealed.SEC. 14. Section 8335.1 of the Education Code is amended to read:8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.SEC. 15. Section 8335.2 of the Education Code is repealed.SEC. 16. Section 8335.3 of the Education Code is amended to read:8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.SEC. 17. Section 8335.4 of the Education Code is amended to read:8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 18. Section 8335.5 is added to the Education Code, to read:8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).SEC. 19. Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 20. Section 8347.2 of the Education Code is amended to read:8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.SEC. 21. Section 8347.3 of the Education Code is amended to read:8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.SEC. 22. Section 8347.4 of the Education Code is amended to read:8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 23. Article 15.4.1 (commencing with Section 8348) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 24. Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.SEC. 25. Section 8499.5 of the Education Code is amended to read:8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.SEC. 26. Section 99101 of the Government Code is amended to read:99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.SEC. 27. Section 99102 of the Government Code is amended to read:99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.SEC. 28. Section 99104 of the Government Code is repealed.SEC. 29. Section 99106 of the Government Code is amended to read:99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.SEC. 30. Section 99108 of the Government Code is amended to read:99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.SEC. 31. Section 99109 of the Government Code is amended to read:99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).SEC. 32. Item 0954-101-0001 of Section 2.00 of the Budget Act of 2017 is repealed.SEC. 33. Item 6980-102-0001 is added to Section 2.00 of the Budget Act of 2017, to read:6980-102-0001For local assistance, Student Aid Commission ........................ 3,000,000Schedule:(1)Every Kid Counts (EKC) College Savings Program ........................ 3,000,000Provisions:1.The funds appropriated in this item are for costs of the Every Kid Counts (EKC) College Savings Program, pursuant to Title 19 (commencing with Section 99100) of the Government Code. The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, and available for liquidation until June 30, 2021.SEC. 34. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma. Existing law does not reflect the fiscal reality of living in these counties, some of which are high-cost counties where the cost of living is well beyond the state median level resulting in reduced access to quality child care, and in some of the other counties, the cost of operating child care programming coupled with the minimum wage increase, means families are experiencing challenges in meeting eligibility criteria for state subsidized programs. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma with proper access to child care through an individualized county child care subsidy plan. SEC. 35. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
4558
4659 The people of the State of California do enact as follows:
4760
4861 ## The people of the State of California do enact as follows:
4962
5063 SECTION 1. Section 8212 of the Education Code is amended to read:8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.
5164
5265 SECTION 1. Section 8212 of the Education Code is amended to read:
5366
5467 ### SECTION 1.
5568
5669 8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.
5770
5871 8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.
5972
6073 8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:(1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.(B) The resource file shall include, but not be limited to, the following information:(i) Type of program.(ii) Hours of service.(iii) Ages of children served.(iv) Fees and eligibility for services.(v) Significant program information.(2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:(I) Toll-free telephone lines.(II) Office space convenient to parents and providers.(III) Referrals in languages which are spoken in the community.(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:(i) Number of calls and contacts to the child care information and referral program or component.(ii) Ages of children served.(iii) Time category of child care request for each child.(iv) Special time category, such as nights, weekends, and swing shift.(v) Reason that the child care is needed.(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.(4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:(A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.(B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.(C) Dissemination of information on current public issues affecting the local and state delivery of child care services.(D) Facilitation of communication between existing child care and child-related services providers in the community served.(5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.(B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.(ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.
6174
6275
6376
6477 8212. (a) For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide the following services:
6578
6679 (1) (A) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services which shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs.
6780
6881 (B) The resource file shall include, but not be limited to, the following information:
6982
7083 (i) Type of program.
7184
7285 (ii) Hours of service.
7386
7487 (iii) Ages of children served.
7588
7689 (iv) Fees and eligibility for services.
7790
7891 (v) Significant program information.
7992
8093 (2) (A) (i) Establishment of a referral process which responds to parental need for information and which is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities. Referrals shall be made to unlicensed care facilities only if there is no requirement that the facility be licensed. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of operation. Every effort shall be made to reach all parents within the defined geographic area, including, but not limited to, any of the following:
8194
8295 (I) Toll-free telephone lines.
8396
8497 (II) Office space convenient to parents and providers.
8598
8699 (III) Referrals in languages which are spoken in the community.
87100
88101 (ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods.
89102
90103 (B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division.
91104
92105 (ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i):
93106
94107 State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.
95108
96109 (3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs:
97110
98111 (i) Number of calls and contacts to the child care information and referral program or component.
99112
100113 (ii) Ages of children served.
101114
102115 (iii) Time category of child care request for each child.
103116
104117 (iv) Special time category, such as nights, weekends, and swing shift.
105118
106119 (v) Reason that the child care is needed.
107120
108121 (B) This information shall be maintained in a manner that is easily accessible for dissemination purposes and shall be accessible to local child care and development planning councils authorized pursuant to Section 8499.5 and any county implementing an individualized county child care subsidy plan.
109122
110123 (4) Provision of technical assistance to existing and potential providers of all types of child care services. This assistance shall include, but not be limited to:
111124
112125 (A) Information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources.
113126
114127 (B) Information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community.
115128
116129 (C) Dissemination of information on current public issues affecting the local and state delivery of child care services.
117130
118131 (D) Facilitation of communication between existing child care and child-related services providers in the community served.
119132
120133 (5) (A) (i) Provision of a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system, including the children of nonminor dependents. The navigator shall work with the childs family, as described in paragraph (2) of subdivision (d) of Section 11461.6 of the Welfare and Institutions Code, and the childs social worker and child and family team to assess child care opportunities appropriate to the childs age and needs, assist the family in identifying potential opportunities for an ongoing child care subsidy, assist the caregiver in completing appropriate child care program applications, and develop an overall, long-term child care plan for the child.
121134
122135 (ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to facilitate interagency communication and, to the maximum extent possible, to leverage federal funding, including administrative funding, available pursuant to Title IVE of the federal Social Security Act, to enhance the navigation support authorized under this subparagraph, or the resource and referral program shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible. Navigator services provided pursuant to this subparagraph shall be made available to any child in foster care, any child previously in foster care who has returned to his or her home of origin, and any child of parents involved in the child welfare system, including any child who meets the eligibility criteria for the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code. Eligibility for navigator services shall not be contingent on a childs receipt of a child care payment or voucher.
123136
124137 (B) (i) Provision of trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system. Training shall include, but not be limited to, infant and toddler development and research-based, trauma-informed best care practices. Child care providers shall be provided with coaching to assist them in applying training techniques and strategies for working with children, and children of parenting youth, in foster care.
125138
126139 (ii) As a condition of receiving funds pursuant to this subparagraph, each resource and referral program, in coordination with the California Child Care Resource and Referral Network, shall develop and enter into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency in order to, to the maximum extent possible, leverage federal funding, including training funds, available pursuant to Title IVE of the federal Social Security Act, to enhance the training support authorized under this subparagraph, or the resource and referral agency shall explain, in writing, annually, why entering into a memorandum of understanding, contract, or other formal agreement with the county child welfare agency is not practical or feasible.
127140
128141 (b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources.
129142
130143 (c) (1) A program operating pursuant to this article shall, within two business days of receiving notice, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the programs referral list.
131144
132145 (2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the programs jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation.
133146
134147 SEC. 2. The heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is amended to read: Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans
135148
136149 SEC. 2. The heading of Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is amended to read:
137150
138151 ### SEC. 2.
139152
140153 Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans
141154
142155 Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans
143156
144157 Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans
145158
146159 Article 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans
147160
148161 SEC. 3. Section 8332 of the Education Code is amended to read:8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.
149162
150163 SEC. 3. Section 8332 of the Education Code is amended to read:
151164
152165 ### SEC. 3.
153166
154167 8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.
155168
156169 8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.
157170
158171 8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.
159172
160173
161174
162175 8332. The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.
163176
164177 SEC. 4. Section 8332.1 of the Education Code is amended to read:8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.
165178
166179 SEC. 4. Section 8332.1 of the Education Code is amended to read:
167180
168181 ### SEC. 4.
169182
170183 8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.
171184
172185 8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.
173186
174187 8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.
175188
176189
177190
178191 8332.1. For purposes of this article, county means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.
179192
180193 SEC. 5. Section 8332.2 of the Education Code is amended to read:8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project.
181194
182195 SEC. 5. Section 8332.2 of the Education Code is amended to read:
183196
184197 ### SEC. 5.
185198
186199 8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project.
187200
188201 8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project.
189202
190203 8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:(1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.(B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.(C) The countys self-sufficiency income level.(D) The cost of providing child care.(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(B) The local policy shall do all of the following:(i) Prioritize lowest income families first.(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.(iii) Meet local goals that are consistent with the states child care goals.(iv) Identify existing policies that would be affected by the countys plan.(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act. (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project.
191204
192205
193206
194207 8332.2. (a) For purposes of this article, plan means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:
195208
196209 (1) An assessment to identify the countys goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:
197210
198211 (A) Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.
199212
200213 (B) Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.
201214
202215 (C) The countys self-sufficiency income level.
203216
204217 (D) The cost of providing child care.
205218
206219 (2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.
207220
208221 (B) The local policy shall do all of the following:
209222
210223 (i) Prioritize lowest income families first.
211224
212225 (ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.
213226
214227 (iii) Meet local goals that are consistent with the states child care goals.
215228
216229 (iv) Identify existing policies that would be affected by the countys plan.
217230
218231 (v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.
219232
220233 (II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.
221234
222235 (III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
223236
224237 (vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.
225238
226239 (C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
227240
228241 (i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.
229242
230243 (ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.
231244
232245 (iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.
233246
234247 (iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
235248
236249 (v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.
237250
238251 (vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.
239252
240253 (3) Recognition that all funding sources utilized by contractors that provide child care and development services in the county are eligible to be included in the countys plan.
241254
242255 (4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.
243256
244257 (b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
245258
246259 (c) Nothing in this section shall allow a county to adopt as part of its pilot project an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act.
247260
248261 (d) A plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, pilot administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the pilot project.
249262
250263 SEC. 6. Section 8332.25 is added to the Education Code, immediately following Section 8332.2, to read:8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.
251264
252265 SEC. 6. Section 8332.25 is added to the Education Code, immediately following Section 8332.2, to read:
253266
254267 ### SEC. 6.
255268
256269 8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.
257270
258271 8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.
259272
260273 8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.
261274
262275
263276
264277 8332.25. The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.
265278
266279 SEC. 7. Section 8332.3 of the Education Code is amended to read:8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.
267280
268281 SEC. 7. Section 8332.3 of the Education Code is amended to read:
269282
270283 ### SEC. 7.
271284
272285 8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.
273286
274287 8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.
275288
276289 8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.
277290
278291
279292
280293 8332.3. (a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.
281294
282295 (2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county prior to final approval of the plan by the department.
283296
284297 (b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.
285298
286299 (c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval prior to final approval of the plan by the department.
287300
288301 (d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.
289302
290303 (e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.
291304
292305 SEC. 8. Section 8332.4 of the Education Code is amended to read:8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year.
293306
294307 SEC. 8. Section 8332.4 of the Education Code is amended to read:
295308
296309 ### SEC. 8.
297310
298311 8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year.
299312
300313 8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year.
301314
302315 8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year.
303316
304317
305318
306319 8332.4. (a) The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201516 fiscal year.
307320
308321 (b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201415 fiscal year.
309322
310323 (c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 201617 fiscal year.
311324
312325 SEC. 9. Section 8332.5 of the Education Code is amended to read:8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
313326
314327 SEC. 9. Section 8332.5 of the Education Code is amended to read:
315328
316329 ### SEC. 9.
317330
318331 8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
319332
320333 8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
321334
322335 8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:(1) At the end of year one of the plan, a report that describes the first year of implementation.(2) At the end of year three of the plan, a report that describes years two and three of implementation.(3) At the end of year five of the plan, a report that describes years four and five of implementation.(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan. (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
323336
324337
325338
326339 8332.5. (a) Using a template developed by the department, the county shall prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county. The report shall be submitted as follows:
327340
328341 (1) At the end of year one of the plan, a report that describes the first year of implementation.
329342
330343 (2) At the end of year three of the plan, a report that describes years two and three of implementation.
331344
332345 (3) At the end of year five of the plan, a report that describes years four and five of implementation.
333346
334347 (b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.
335348
336349 (c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan.
337350
338351 (d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
339352
340353 SEC. 10. Section 8332.7 of the Education Code is amended to read:8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.
341354
342355 SEC. 10. Section 8332.7 of the Education Code is amended to read:
343356
344357 ### SEC. 10.
345358
346359 8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.
347360
348361 8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.
349362
350363 8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.
351364
352365
353366
354367 8332.7. (a) For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.
355368
356369 (b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.
357370
358371 (c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.
359372
360373 SEC. 11. Section 8332.8 is added to the Education Code, to read:8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors.
361374
362375 SEC. 11. Section 8332.8 is added to the Education Code, to read:
363376
364377 ### SEC. 11.
365378
366379 8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors.
367380
368381 8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors.
369382
370383 8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors.
371384
372385
373386
374387 8332.8. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors.
375388
376389 SEC. 12. Article 15.1.1 (commencing with Section 8333) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 703 of the Statutes of 2017, is repealed.
377390
378391 SEC. 12. Article 15.1.1 (commencing with Section 8333) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 703 of the Statutes of 2017, is repealed.
379392
380393 ### SEC. 12.
381394
382395
383396
384397 SEC. 13. Article 15.1.1 (commencing with Section 8334) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 697 of the Statutes of 2017, is repealed.
385398
386399 SEC. 13. Article 15.1.1 (commencing with Section 8334) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, as added by Section 2 of Chapter 697 of the Statutes of 2017, is repealed.
387400
388401 ### SEC. 13.
389402
390403
391404
392405 SEC. 14. Section 8335.1 of the Education Code is amended to read:8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
393406
394407 SEC. 14. Section 8335.1 of the Education Code is amended to read:
395408
396409 ### SEC. 14.
397410
398411 8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
399412
400413 8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
401414
402415 8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:(a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The city and countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.(1) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the city and countys child care subsidy plan.(E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.(ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.(B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.(C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.(e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.(f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.(g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
403416
404417
405418
406419 8335.1. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county child care subsidy plan for the city and county that includes the following four elements:
407420
408421 (a) An assessment to identify the city and countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the city and county and whether the city and countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the city and county from meeting its child care goals. In conducting the assessment, the city and county shall consider all of the following:
409422
410423 (1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.
411424
412425 (2) The current supply of available subsidized child care.
413426
414427 (3) The level of need for various types of subsidized child care services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.
415428
416429 (4) The city and countys self-sufficiency income level.
417430
418431 (5) Income eligibility levels for subsidized child care.
419432
420433 (6) Family fees.
421434
422435 (7) The cost of providing child care.
423436
424437 (8) The regional market rates, as established by the department, for different types of child care.
425438
426439 (9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.
427440
428441 (10) Trends in the countys unemployment rate and housing affordability index.
429442
430443 (b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and countys achievement of its desired outcomes for subsidized child care.
431444
432445 (1) The local policy shall do all of the following:
433446
434447 (A) Prioritize lowest income families first.
435448
436449 (B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.
437450
438451 (C) Meet local goals that are consistent with the states child care goals.
439452
440453 (D) Identify existing policies that would be affected by the city and countys child care subsidy plan.
441454
442455 (E) (i) Authorize any agency that provides child care and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted.
443456
444457 (ii) The department shall approve an application to amend an existing contract if the child care subsidy plan is approved pursuant to subdivision (b) of Section 8335.3, or modified pursuant to subdivision (c) of Section 8335.3.
445458
446459 (iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
447460
448461 (2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 200405 fiscal year.
449462
450463 (B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 200405 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent.
451464
452465 (C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan.
453466
454467 (3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
455468
456469 (A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.
457470
458471 (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.
459472
460473 (C) Reimbursement rates, including adjustment factors identified in Section 8265.5.
461474
462475 (D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.
463476
464477 (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
465478
466479 (F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.
467480
468481 (c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the city and county are eligible to be included in the child care subsidy plan of the city and county.
469482
470483 (d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and countys child care goals and to overcome any barriers identified in the states child care subsidy system. The State Department of Social Services shall have an opportunity to review and comment on the proposed measurable outcomes before they are submitted to the local child care and development planning council for approval pursuant to Section 8335.3.
471484
472485 (e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county.
473486
474487 (f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.
475488
476489 (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
477490
478491 SEC. 15. Section 8335.2 of the Education Code is repealed.
479492
480493 SEC. 15. Section 8335.2 of the Education Code is repealed.
481494
482495 ### SEC. 15.
483496
484497
485498
486499 SEC. 16. Section 8335.3 of the Education Code is amended to read:8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
487500
488501 SEC. 16. Section 8335.3 of the Education Code is amended to read:
489502
490503 ### SEC. 16.
491504
492505 8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
493506
494507 8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
495508
496509 8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
497510
498511
499512
500513 8335.3. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.
501514
502515 (b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.
503516
504517 (c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.
505518
506519 (d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
507520
508521 SEC. 17. Section 8335.4 of the Education Code is amended to read:8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
509522
510523 SEC. 17. Section 8335.4 of the Education Code is amended to read:
511524
512525 ### SEC. 17.
513526
514527 8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
515528
516529 8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
517530
518531 8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
519532
520533
521534
522535 8335.4. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and countys plan, and the city and countys ability to maximize the use of funds and to improve and stabilize child care in the city and county.
523536
524537 (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
525538
526539 SEC. 18. Section 8335.5 is added to the Education Code, to read:8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).
527540
528541 SEC. 18. Section 8335.5 is added to the Education Code, to read:
529542
530543 ### SEC. 18.
531544
532545 8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).
533546
534547 8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).
535548
536549 8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).
537550
538551
539552
540553 8335.5. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 15.1 (commencing with Section 8332).
541554
542555 SEC. 19. Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.
543556
544557 SEC. 19. Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.
545558
546559 ### SEC. 19.
547560
548561
549562
550563 SEC. 20. Section 8347.2 of the Education Code is amended to read:8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
551564
552565 SEC. 20. Section 8347.2 of the Education Code is amended to read:
553566
554567 ### SEC. 20.
555568
556569 8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
557570
558571 8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
559572
560573 8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:(a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:(1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.(2) The current supply of available subsidized child care.(3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.(4) The countys self-sufficiency income level.(5) Income eligibility levels for subsidized child care.(6) Family fees.(7) The cost of providing child care.(8) The regional market rates, as established by the department, for different types of child care.(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.(10) Trends in the countys unemployment rate and housing affordability index.(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.(2) The local policy shall do all of the following:(A) Prioritize lowest income families first.(B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.(C) Meet local goals that are consistent with the states child care goals.(D) Identify existing policies that would be affected by the countys plan.(E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.(3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:(A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.(C) Reimbursement rates, including adjustment factors identified in Section 8265.5.(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.(c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
561574
562575
563576
564577 8347.2. For purposes of this article, plan means an individualized county child care subsidy plan developed and approved as described in Section 8347, which includes all of the following:
565578
566579 (a) An assessment to identify the countys goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the countys child care goals coincide with the states requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the states child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:
567580
568581 (1) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.
569582
570583 (2) The current supply of available subsidized child care.
571584
572585 (3) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.
573586
574587 (4) The countys self-sufficiency income level.
575588
576589 (5) Income eligibility levels for subsidized child care.
577590
578591 (6) Family fees.
579592
580593 (7) The cost of providing child care.
581594
582595 (8) The regional market rates, as established by the department, for different types of child care.
583596
584597 (9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.
585598
586599 (10) Trends in the countys unemployment rate and housing affordability index.
587600
588601 (b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the countys achievement of its desired outcomes for subsidized child care.
589602
590603 (2) The local policy shall do all of the following:
591604
592605 (A) Prioritize lowest income families first.
593606
594607 (B) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.
595608
596609 (C) Meet local goals that are consistent with the states child care goals.
597610
598611 (D) Identify existing policies that would be affected by the countys plan.
599612
600613 (E) (i) Authorize any agency that provides child care and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.
601614
602615 (ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8347.3.
603616
604617 (iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
605618
606619 (3) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
607620
608621 (A) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.
609622
610623 (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.
611624
612625 (C) Reimbursement rates, including adjustment factors identified in Section 8265.5.
613626
614627 (D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.
615628
616629 (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
617630
618631 (F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.
619632
620633 (c) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county are eligible to be included in the countys plan.
621634
622635 (d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the countys child care goals, and to overcome any barriers identified in the states child care subsidy system.
623636
624637 (e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
625638
626639 (f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.
627640
628641 (g) The plan may include stage one child care services in addition to alternative payment and direct service child care programs. If the plan includes CalWORKs child care, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care services due to a transition between the three stages of child care services and policies implemented in the plan.
629642
630643 SEC. 21. Section 8347.3 of the Education Code is amended to read:8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
631644
632645 SEC. 21. Section 8347.3 of the Education Code is amended to read:
633646
634647 ### SEC. 21.
635648
636649 8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
637650
638651 8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
639652
640653 8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
641654
642655
643656
644657 8347.3. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 15.1 (commencing with Section 8332).
645658
646659 (b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.
647660
648661 (c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.
649662
650663 SEC. 22. Section 8347.4 of the Education Code is amended to read:8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
651664
652665 SEC. 22. Section 8347.4 of the Education Code is amended to read:
653666
654667 ### SEC. 22.
655668
656669 8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
657670
658671 8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
659672
660673 8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
661674
662675
663676
664677 8347.4. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the countys plan, and the countys ability to maximize the use of funds and to improve and stabilize child care in the county.
665678
666679 (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
667680
668681 SEC. 23. Article 15.4.1 (commencing with Section 8348) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.
669682
670683 SEC. 23. Article 15.4.1 (commencing with Section 8348) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.
671684
672685 ### SEC. 23.
673686
674687
675688
676689 SEC. 24. Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.
677690
678691 SEC. 24. Article 15.4.2 (commencing with Section 8349) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code is repealed.
679692
680693 ### SEC. 24.
681694
682695
683696
684697 SEC. 25. Section 8499.5 of the Education Code is amended to read:8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.
685698
686699 SEC. 25. Section 8499.5 of the Education Code is amended to read:
687700
688701 ### SEC. 25.
689702
690703 8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.
691704
692705 8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.
693706
694707 8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:(1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:(A) The needs of families eligible for subsidized child care.(B) The needs of families not eligible for subsidized child care.(C) The waiting lists for programs funded by the department and the State Department of Social Services.(D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.(E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.(F) Family income among families with preschool or schoolage children.(G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.(H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.(I) The number of children in the county by primary language spoken pursuant to the departments language survey.(J) Special needs based on geographic considerations, including rural areas.(K) The number of children needing child care services by age cohort.(2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.(3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.(4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.(5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.(6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.(7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.(8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.(9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.(10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.(c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).(d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.(e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.
695708
696709
697710
698711 8499.5. (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.
699712
700713 (b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a local planning council shall submit to the department the local priorities it has identified that reflect all child care needs in the county. To accomplish this, a local planning council shall do all of the following:
701714
702715 (1) Conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. The needs assessment shall also include all factors deemed appropriate by the local planning council in order to obtain an accurate picture of the comprehensive child care needs in the county. The factors include, but are not limited to, all of the following:
703716
704717 (A) The needs of families eligible for subsidized child care.
705718
706719 (B) The needs of families not eligible for subsidized child care.
707720
708721 (C) The waiting lists for programs funded by the department and the State Department of Social Services.
709722
710723 (D) The need for child care for children determined by the child protective services agency to be neglected, abused, or exploited, or at risk of being neglected, abused, or exploited.
711724
712725 (E) The number of children in families receiving public assistance, including CalFresh benefits, housing support, and Medi-Cal, and assistance from the Healthy Families Program and the Temporary Assistance for Needy Families (TANF) program.
713726
714727 (F) Family income among families with preschool or schoolage children.
715728
716729 (G) The number of children in migrant agricultural families who move from place to place for work or who are currently dependent for their income on agricultural employment in accordance with subdivision (a) of, and paragraphs (1) and (2) of subdivision (b) of, Section 8231.
717730
718731 (H) The number of children who have been determined by a regional center to require services pursuant to an individualized family service plan, or by a local educational agency to require services pursuant to an individualized education program or an individualized family service plan.
719732
720733 (I) The number of children in the county by primary language spoken pursuant to the departments language survey.
721734
722735 (J) Special needs based on geographic considerations, including rural areas.
723736
724737 (K) The number of children needing child care services by age cohort.
725738
726739 (2) Document information gathered during the needs assessment that shall include, but need not be limited to, data on supply, demand, cost, and market rates for each category of child care in the county.
727740
728741 (3) Encourage public input in the development of the priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.
729742
730743 (4) Prepare a comprehensive countywide child care plan designed to mobilize public and private resources to address identified needs.
731744
732745 (5) Conduct a periodic review of child care programs funded by the department and the State Department of Social Services to determine if identified priorities are being met.
733746
734747 (6) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.
735748
736749 (7) Design a system to consolidate local child care waiting lists, if a centralized eligibility list is not already in existence.
737750
738751 (8) Coordinate part-day programs, including state preschool and Head Start, with other child care and development services to provide full-day child care.
739752
740753 (9) Submit the results of the needs assessment and the local priorities identified by the local planning council to the board of supervisors and the county superintendent of schools for approval before submitting them to the department.
741754
742755 (10) Identify at least one, but not more than two, members to serve as part of the department team that reviews and scores proposals for the provision of services funded through contracts with the department. Local planning council representatives may not review and score proposals from the geographic area covered by their own local planning council. The department shall notify each local planning council whenever this opportunity is available.
743756
744757 (c) The needs assessment data shall be made available to counties implementing individualized county child care subsidy plans pursuant to Article 15.5 (commencing with Section 8332).
745758
746759 (d) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by local planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and child care data, and methodologies for assessing child care supply and demand.
747760
748761 (e) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the local planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.
749762
750763 SEC. 26. Section 99101 of the Government Code is amended to read:99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.
751764
752765 SEC. 26. Section 99101 of the Government Code is amended to read:
753766
754767 ### SEC. 26.
755768
756769 99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.
757770
758771 99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.
759772
760773 99101. The Legislature finds and declares all of the following:(a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.(b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.(c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.
761774
762775
763776
764777 99101. The Legislature finds and declares all of the following:
765778
766779 (a) Children who have even small savings accounts for college are three times more likely to attend, and four times more likely to graduate from, college.
767780
768781 (b) College enrollment among low-income students has risen but significantly lags behind the enrollment of middle- and high-income students. In 2012, about 51 percent of recent low-income high school graduates and equivalency holders were enrolled in college, while enrollment among middle- and high-income students had risen to nearly 65 percent and 81 percent, respectively.
769782
770783 (c) Recent pilot programs in California and throughout the nation have proven that low-income people can save if they have incentives and mechanisms encouraging them to do so.
771784
772785 SEC. 27. Section 99102 of the Government Code is amended to read:99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.
773786
774787 SEC. 27. Section 99102 of the Government Code is amended to read:
775788
776789 ### SEC. 27.
777790
778791 99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.
779792
780793 99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.
781794
782795 99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.(b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.(c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).(d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:(1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.(2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.(3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.(e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:(1) To award seed, matching, or incentive grants for individual family college savings accounts.(2) For outreach efforts to educate families about local college savings programs that are in operation or development.(3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:(A) Data collection and evaluation of college savings account creation and activity.(B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.(C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.(4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.(f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.
783796
784797
785798
786799 99102. (a) There is hereby established the Every Kid Counts (EKC) College Savings Program.
787800
788801 (b) The Student Aid Commission shall implement and administer a grant program that supports local governments and other entities that sponsor one or more comprehensive citywide or regional childrens savings account programs to help families, especially low-income families with young children, establish and maintain college savings accounts.
789802
790803 (c) The commission shall distribute grants to qualifying entities determined pursuant to subdivision (d) based on how many of these entities are eligible to receive grants pursuant to subdivision (d), the amount of available funding to award grants under the Every Kid Counts (EKC) College Savings Program, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at minimum, one hundred thousand dollars ($100,000).
791804
792805 (d) A qualifying entity shall meet all of the following requirements in order to receive a grant under this title:
793806
794807 (1) Have a college savings program in operation or development that primarily targets pupils in kindergarten and grades 1 to 6, inclusive, on or before December 31, 2018.
795808
796809 (2) Have moneys, in addition to funding allocated pursuant to this title, to support its college savings program.
797810
798811 (3) Agree to enter into an evaluation consortium that allows for independent research and evaluation of activities and outcomes associated with its college savings program.
799812
800813 (e) Funding allocated to participating entities pursuant to this title may be used for any of the following purposes:
801814
802815 (1) To award seed, matching, or incentive grants for individual family college savings accounts.
803816
804817 (2) For outreach efforts to educate families about local college savings programs that are in operation or development.
805818
806819 (3) To support an established evaluation consortium that monitors, collects data on, and provides analysis on short-term and long-term college savings program trends and the development of best practices. Support under this paragraph may include any of the following:
807820
808821 (A) Data collection and evaluation of college savings account creation and activity.
809822
810823 (B) Data collection and evaluation of the postsecondary aspirations, enrollment, and degree completion for beneficiaries of college savings accounts.
811824
812825 (C) Efforts to help beneficiaries of college savings accounts receive high school diplomas, or the equivalent.
813826
814827 (4) To fund one-time administrative costs related to the Every Kid Counts (EKC) College Savings Program.
815828
816829 (f) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Every Kid Counts (EKC) College Savings Program.
817830
818831 SEC. 28. Section 99104 of the Government Code is repealed.
819832
820833 SEC. 28. Section 99104 of the Government Code is repealed.
821834
822835 ### SEC. 28.
823836
824837
825838
826839 SEC. 29. Section 99106 of the Government Code is amended to read:99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
827840
828841 SEC. 29. Section 99106 of the Government Code is amended to read:
829842
830843 ### SEC. 29.
831844
832845 99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
833846
834847 99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
835848
836849 99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.(b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
837850
838851
839852
840853 99106. (a) The commission shall adopt regulations as it deems necessary to implement and administer this title.
841854
842855 (b) The commission may adopt regulations to implement and administer this title as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
843856
844857 SEC. 30. Section 99108 of the Government Code is amended to read:99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.
845858
846859 SEC. 30. Section 99108 of the Government Code is amended to read:
847860
848861 ### SEC. 30.
849862
850863 99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.
851864
852865 99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.
853866
854867 99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.
855868
856869
857870
858871 99108. The commission may use up to 3 percent of any legislative appropriation for this part for administration of the program.
859872
860873 SEC. 31. Section 99109 of the Government Code is amended to read:99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).
861874
862875 SEC. 31. Section 99109 of the Government Code is amended to read:
863876
864877 ### SEC. 31.
865878
866879 99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).
867880
868881 99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).
869882
870883 99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:(1) Families to open a college savings account.(2) Families to make college savings account contributions.(3) Children to attend college.(4) Children to graduate from college.(b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).
871884
872885
873886
874887 99109. (a) The commission may, in implementing and administering this title, consider whether and how proposed actions allow for rigorous evaluation, such as through experimental or quasi-experimental methods, of the effects of a program established pursuant to this title, including whether the program causes each of the following:
875888
876889 (1) Families to open a college savings account.
877890
878891 (2) Families to make college savings account contributions.
879892
880893 (3) Children to attend college.
881894
882895 (4) Children to graduate from college.
883896
884897 (b) Consistent with other laws, the commission may make data available to allow for the rigorous evaluation described in subdivision (a).
885898
886899 SEC. 32. Item 0954-101-0001 of Section 2.00 of the Budget Act of 2017 is repealed.
887900
888901 SEC. 32. Item 0954-101-0001 of Section 2.00 of the Budget Act of 2017 is repealed.
889902
890903 ### SEC. 32.
891904
892905
893906
894907 SEC. 33. Item 6980-102-0001 is added to Section 2.00 of the Budget Act of 2017, to read:6980-102-0001For local assistance, Student Aid Commission ........................ 3,000,000Schedule:(1)Every Kid Counts (EKC) College Savings Program ........................ 3,000,000Provisions:1.The funds appropriated in this item are for costs of the Every Kid Counts (EKC) College Savings Program, pursuant to Title 19 (commencing with Section 99100) of the Government Code. The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, and available for liquidation until June 30, 2021.
895908
896909 SEC. 33. Item 6980-102-0001 is added to Section 2.00 of the Budget Act of 2017, to read:
897910
898911 ### SEC. 33.
899912
900913 6980-102-0001For local assistance, Student Aid Commission ........................ 3,000,000Schedule:(1)Every Kid Counts (EKC) College Savings Program ........................ 3,000,000Provisions:1.The funds appropriated in this item are for costs of the Every Kid Counts (EKC) College Savings Program, pursuant to Title 19 (commencing with Section 99100) of the Government Code. The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, and available for liquidation until June 30, 2021.
901914
902915 6980-102-0001For local assistance, Student Aid Commission ........................ 3,000,000
903916 Schedule:
904917 (1) Every Kid Counts (EKC) College Savings Program ........................ 3,000,000
905918 Provisions:
906919 1. The funds appropriated in this item are for costs of the Every Kid Counts (EKC) College Savings Program, pursuant to Title 19 (commencing with Section 99100) of the Government Code. The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, and available for liquidation until June 30, 2021.
907920
908921 6980-102-0001For local assistance, Student Aid Commission ........................
909922
910923 SEC. 34. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma. Existing law does not reflect the fiscal reality of living in these counties, some of which are high-cost counties where the cost of living is well beyond the state median level resulting in reduced access to quality child care, and in some of the other counties, the cost of operating child care programming coupled with the minimum wage increase, means families are experiencing challenges in meeting eligibility criteria for state subsidized programs. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma with proper access to child care through an individualized county child care subsidy plan.
911924
912925 SEC. 34. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma. Existing law does not reflect the fiscal reality of living in these counties, some of which are high-cost counties where the cost of living is well beyond the state median level resulting in reduced access to quality child care, and in some of the other counties, the cost of operating child care programming coupled with the minimum wage increase, means families are experiencing challenges in meeting eligibility criteria for state subsidized programs. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma with proper access to child care through an individualized county child care subsidy plan.
913926
914927 SEC. 34. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma. Existing law does not reflect the fiscal reality of living in these counties, some of which are high-cost counties where the cost of living is well beyond the state median level resulting in reduced access to quality child care, and in some of the other counties, the cost of operating child care programming coupled with the minimum wage increase, means families are experiencing challenges in meeting eligibility criteria for state subsidized programs. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma with proper access to child care through an individualized county child care subsidy plan.
915928
916929 ### SEC. 34.
917930
918931 SEC. 35. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
919932
920933 SEC. 35. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
921934
922935 SEC. 35. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
923936
924937 ### SEC. 35.