Amended IN Assembly May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1352Introduced by Assembly Member Bonta(Coauthor: Assembly Member Berman)February 16, 2023 An act to amend Sections 8202.6 and Section 8281 of the Education Code, and to amend Section 10348 of the Welfare and Institutions Code, relating to childcare, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1352, as amended, Bonta. Childcare: statewide pilot policies: individualized county childcare subsidy plans.(1) Existing law requires the State Department of Social Services and the State Department of Education, on or before June 30, 2022, to review the existing individualized county childcare pilot program and provide a report to the appropriate policy and fiscal committees of the Legislature. Existing law requires the report to include recommendations on what flexibilities currently available to individualized county childcare pilot programs should be adopted statewide, and what flexibilities available to individualized county childcare pilot programs are no longer justified given statewide policy changes. Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.Existing law requires the Superintendent of Public Instruction to, in consultation with the Director of Social Services and the executive director of the State Board of Education, convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children, as provided.This bill would require the establishment of a statewide childcare pilot subcommittee of the workgroup and would specify the membership. The bill would require the subcommittee to propose, evaluate, and collect evidence to support the creation of statewide pilot policies for childcare and child development programs by the State Department of Education and the State Department of Social Service (the departments), as provided. The bill would require the subcommittee, or a consultant on their behalf, to submit proposals to create new statewide pilot policies to the departments. The bill would authorize the statewide pilot policies to supersede state law with respect to specified factors. The bill would establish a process for the departments to approve, respond, or deny the proposal, as provided.Existing law provides for the establishment of local planning councils. Existing law provides that it is the intent of the Legislature that local childcare and development planning councils provide a forum for the identification of local priorities for childcare and the development of policies to meet the needs identified within those priorities.This bill would authorize a local planning council to apply to the departments to participate in an approved statewide pilot policy, as provided. The bill would require the departments, in consultation with the subcommittee, to, among other things, establish instructions and timelines for the submission of, or modifications to, the application used by the local planning council.The bill would require the departments to provide a report on the statewide pilot policies described above to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026, as provided.The bill would require the departments to implement and administer the above provisions through the issuance of guidance or other written directives and would exempt these actions from the Administrative Procedure Act.The bill would make these provisions inoperative on July 1, 2027.(2)Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.This bill would extend the authorization for the specified counties to develop and implement individualized county childcare subsidy plans to July 1, 2025.(3)(2) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 8202.6 of the Education Code is amended to read:8202.6.(a)(1)The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts.(2)The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources.(3)The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system.(b)The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022.(c)The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023.(d)(1)A statewide childcare pilot subcommittee of the workgroup established in subdivision (a) shall be established to propose, evaluate, and collect evidence to support the departments and the State Department of Social Services creation of statewide pilot policies for childcare and child development programs. The subcommittee shall include representatives from the individualized county childcare subsidy plans established in Sections 8273, 8283, and 8289, and may include representatives from local planning councils, county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and administrators of child development programs.(2)The subcommittee shall meet at least twice annually to develop, consider, evaluate, and discuss statewide pilot policies, for consideration by the department and the State Department of Social Services, that would address state-imposed regulatory barriers to achieving the goals outlined in the Master Plan for Early Learning and Care, including all of the following goals:(A)Increased access to full-day early learning and care programs that meet the needs of parents.(B)Implementation of mixed-delivery models, including collaborations between local educational agencies and community-based organizations.(C)More equitable access to high-quality preschool and transitional kindergarten programs.(D)Streamlined enrollment for families and decreased administrative burdens on providers.(E)Increased enrollment of children with exceptional needs in inclusive early learning and care settings.(3)Members of the subcommittee, or a consultant on their behalf, may submit proposals to create new statewide pilot policies to the department and State Department of Social Services for their consideration. Proposals shall include all of the following information:(A)Evidence that the proposed pilot policy is aligned with the intent of this subdivision and the Master Plan for Early Learning and Care.(B)Data demonstrating that the pilot policy would further one or more of the goals outlined in paragraph (2).(C)The projected impact of the pilot policy, including any estimated change in capacity, access, enrollment, eligibility, continuity of care, increased ability to meet family needs, and cost of implementation.(D)Any existing policies that would be affected by the pilot policy.(4)(A)Within 60 days of receiving a proposal to create a statewide pilot policy, the department and the State Department of Social Services shall review and either approve or respond to the proposal with questions, requests for additional information, or requests for modifications. Members of the subcommittee, or a consultant on their behalf, shall have 60 days to respond to questions and requests.(B)Within 60 days of receiving responses to questions, additional information, or a modified proposal for a statewide pilot policy from members of the subcommittee, the department and the State Department of Social Services shall review and either approve or deny the proposal.(C)If a proposal to create a new statewide pilot policy is denied, the department and the State Department of Social Services shall provide a written explanation for the denial, including any conflicts with federal law or regulation, cost of implementation, data demonstrating that the pilot policy would not further one or more of the goals outlined in paragraph (2), and evidence that the pilot policy would have a negative impact on capacity, access, enrollment, eligibility, continuity of care, or decreased ability to meet family needs.(5)Statewide pilot policies may supersede state law concerning childcare subsidy programs with regard to only the following factors:(A)Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(B)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 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable.(C)Reimbursement rates, including adjustment factors identified in Section 8244 of this code or Section 10281.5 of the Welfare and Institutions Code, as applicable.(D)Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based childcare, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(E)Regulations and notices governing childcare licensing.(F)Facilities.(6)Statewide pilot policies shall not change or supersede state laws governing enrollment priority and shall not impact or reduce any element in the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code that provides a greater benefit to participating families than is provided for in the statewide pilot policy.(7)(A)(i)A local planning council, as defined in Section 10480 of the Welfare and Institutions Code, may apply to the department and the State Department of Social Services to participate in an approved statewide pilot policy.(ii)Components of an application relating to preschool or transitional kindergarten shall be overseen by the department and the components of applications addressing all other childcare programs or requirements shall be overseen by the State Department of Social Services.(B)Within 30 days of receiving the application, the appropriate department shall review and either approve or respond to the application with questions, requests for additional information, or requests for modifications. The local planning council shall have 30 days to respond to questions and requests.(C)(i)Within 30 days of receiving responses to questions, additional information, or a modified application, the appropriate department shall review and either approve or deny the application.(ii)Modified applications shall be submitted by the local planning council for approval before final approval by the appropriate department.(D)If approval of an application would change rates, the application shall be approved by the board of supervisors of the county before final approval by the appropriate department.(E)The department and the State Department of Social Services, in consultation with the subcommittee established in paragraph (1), shall establish instructions and timelines for the submission of or modifications to the application used by the local planning council pursuant to this paragraph, including, but not limited to, application templates and guidance on inviting childcare and child development providers to participate.(F)A participating provider shall receive an increase or decrease in funding that the provider would have received if the provider had not participated in the application.(8)The department and the State Department of Social Services, in consultation with the subcommittee, shall discuss and determine both of the following:(A)Which, if any, of the individualized pilot policies granted to the individualized county childcare subsidy plans established in Sections 8273, 8283, and 8289, have not been adopted statewide through legislation or regulation.(B)Whether any of the individualized pilot policies not adopted statewide through legislation or regulation should be approved as a statewide pilot policy pursuant to the process prescribed in paragraph (3).(9)The department and the State Department of Social Services shall provide a report on the statewide pilot policies considered pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026. The report shall include all of the following:(A)A list of the approved statewide pilot policies and the counties that have applied and received approval to participate in each pilot policy.(B)A brief description of the impact of each pilot policy, including estimated increases in capacity, access, enrollment, eligibility, continuity of care, or ability to meet family needs.(C)A list of the statewide pilot policies that were denied and the written explanation for the denial.(D)Recommendations on what statewide pilot policies should be implemented through statute or regulation.(10)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 subdivision 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.(11)For purposes of this subdivision, department means the State Department of Education.(12)This subdivision shall become inoperative on July 1, 2027.(e)For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.(f)Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (e) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.SEC. 2.SECTION 1. Section 8281 of the Education Code is amended to read:8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.SEC. 3.SEC. 2. Section 10348 of the Welfare and Institutions Code is amended to read:10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.SEC. 4.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To ensure that current individualized county childcare subsidy plans remain in effect until a new statewide childcare pilot process is enacted, without interruption, it is necessary for this act to take effect immediately.
Amended IN Assembly May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1352Introduced by Assembly Member Bonta(Coauthor: Assembly Member Berman)February 16, 2023 An act to amend Sections 8202.6 and Section 8281 of the Education Code, and to amend Section 10348 of the Welfare and Institutions Code, relating to childcare, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 1352, as amended, Bonta. Childcare: statewide pilot policies: individualized county childcare subsidy plans.(1) Existing law requires the State Department of Social Services and the State Department of Education, on or before June 30, 2022, to review the existing individualized county childcare pilot program and provide a report to the appropriate policy and fiscal committees of the Legislature. Existing law requires the report to include recommendations on what flexibilities currently available to individualized county childcare pilot programs should be adopted statewide, and what flexibilities available to individualized county childcare pilot programs are no longer justified given statewide policy changes. Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.Existing law requires the Superintendent of Public Instruction to, in consultation with the Director of Social Services and the executive director of the State Board of Education, convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children, as provided.This bill would require the establishment of a statewide childcare pilot subcommittee of the workgroup and would specify the membership. The bill would require the subcommittee to propose, evaluate, and collect evidence to support the creation of statewide pilot policies for childcare and child development programs by the State Department of Education and the State Department of Social Service (the departments), as provided. The bill would require the subcommittee, or a consultant on their behalf, to submit proposals to create new statewide pilot policies to the departments. The bill would authorize the statewide pilot policies to supersede state law with respect to specified factors. The bill would establish a process for the departments to approve, respond, or deny the proposal, as provided.Existing law provides for the establishment of local planning councils. Existing law provides that it is the intent of the Legislature that local childcare and development planning councils provide a forum for the identification of local priorities for childcare and the development of policies to meet the needs identified within those priorities.This bill would authorize a local planning council to apply to the departments to participate in an approved statewide pilot policy, as provided. The bill would require the departments, in consultation with the subcommittee, to, among other things, establish instructions and timelines for the submission of, or modifications to, the application used by the local planning council.The bill would require the departments to provide a report on the statewide pilot policies described above to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026, as provided.The bill would require the departments to implement and administer the above provisions through the issuance of guidance or other written directives and would exempt these actions from the Administrative Procedure Act.The bill would make these provisions inoperative on July 1, 2027.(2)Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.This bill would extend the authorization for the specified counties to develop and implement individualized county childcare subsidy plans to July 1, 2025.(3)(2) This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 18, 2023
Amended IN Assembly May 18, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1352
Introduced by Assembly Member Bonta(Coauthor: Assembly Member Berman)February 16, 2023
Introduced by Assembly Member Bonta(Coauthor: Assembly Member Berman)
February 16, 2023
An act to amend Sections 8202.6 and Section 8281 of the Education Code, and to amend Section 10348 of the Welfare and Institutions Code, relating to childcare, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1352, as amended, Bonta. Childcare: statewide pilot policies: individualized county childcare subsidy plans.
(1) Existing law requires the State Department of Social Services and the State Department of Education, on or before June 30, 2022, to review the existing individualized county childcare pilot program and provide a report to the appropriate policy and fiscal committees of the Legislature. Existing law requires the report to include recommendations on what flexibilities currently available to individualized county childcare pilot programs should be adopted statewide, and what flexibilities available to individualized county childcare pilot programs are no longer justified given statewide policy changes. Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.Existing law requires the Superintendent of Public Instruction to, in consultation with the Director of Social Services and the executive director of the State Board of Education, convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children, as provided.This bill would require the establishment of a statewide childcare pilot subcommittee of the workgroup and would specify the membership. The bill would require the subcommittee to propose, evaluate, and collect evidence to support the creation of statewide pilot policies for childcare and child development programs by the State Department of Education and the State Department of Social Service (the departments), as provided. The bill would require the subcommittee, or a consultant on their behalf, to submit proposals to create new statewide pilot policies to the departments. The bill would authorize the statewide pilot policies to supersede state law with respect to specified factors. The bill would establish a process for the departments to approve, respond, or deny the proposal, as provided.Existing law provides for the establishment of local planning councils. Existing law provides that it is the intent of the Legislature that local childcare and development planning councils provide a forum for the identification of local priorities for childcare and the development of policies to meet the needs identified within those priorities.This bill would authorize a local planning council to apply to the departments to participate in an approved statewide pilot policy, as provided. The bill would require the departments, in consultation with the subcommittee, to, among other things, establish instructions and timelines for the submission of, or modifications to, the application used by the local planning council.The bill would require the departments to provide a report on the statewide pilot policies described above to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026, as provided.The bill would require the departments to implement and administer the above provisions through the issuance of guidance or other written directives and would exempt these actions from the Administrative Procedure Act.The bill would make these provisions inoperative on July 1, 2027.(2)Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.This bill would extend the authorization for the specified counties to develop and implement individualized county childcare subsidy plans to July 1, 2025.(3)(2) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires the State Department of Social Services and the State Department of Education, on or before June 30, 2022, to review the existing individualized county childcare pilot program and provide a report to the appropriate policy and fiscal committees of the Legislature. Existing law requires the report to include recommendations on what flexibilities currently available to individualized county childcare pilot programs should be adopted statewide, and what flexibilities available to individualized county childcare pilot programs are no longer justified given statewide policy changes. Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.
Existing law requires the Superintendent of Public Instruction to, in consultation with the Director of Social Services and the executive director of the State Board of Education, convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children, as provided.
This bill would require the establishment of a statewide childcare pilot subcommittee of the workgroup and would specify the membership. The bill would require the subcommittee to propose, evaluate, and collect evidence to support the creation of statewide pilot policies for childcare and child development programs by the State Department of Education and the State Department of Social Service (the departments), as provided. The bill would require the subcommittee, or a consultant on their behalf, to submit proposals to create new statewide pilot policies to the departments. The bill would authorize the statewide pilot policies to supersede state law with respect to specified factors. The bill would establish a process for the departments to approve, respond, or deny the proposal, as provided.
Existing law provides for the establishment of local planning councils. Existing law provides that it is the intent of the Legislature that local childcare and development planning councils provide a forum for the identification of local priorities for childcare and the development of policies to meet the needs identified within those priorities.
This bill would authorize a local planning council to apply to the departments to participate in an approved statewide pilot policy, as provided. The bill would require the departments, in consultation with the subcommittee, to, among other things, establish instructions and timelines for the submission of, or modifications to, the application used by the local planning council.
The bill would require the departments to provide a report on the statewide pilot policies described above to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026, as provided.
The bill would require the departments to implement and administer the above provisions through the issuance of guidance or other written directives and would exempt these actions from the Administrative Procedure Act.
The bill would make these provisions inoperative on July 1, 2027.
(2)Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.
This bill would extend the authorization for the specified counties to develop and implement individualized county childcare subsidy plans to July 1, 2025.
(3)
(2) This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 8202.6 of the Education Code is amended to read:8202.6.(a)(1)The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts.(2)The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources.(3)The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system.(b)The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022.(c)The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023.(d)(1)A statewide childcare pilot subcommittee of the workgroup established in subdivision (a) shall be established to propose, evaluate, and collect evidence to support the departments and the State Department of Social Services creation of statewide pilot policies for childcare and child development programs. The subcommittee shall include representatives from the individualized county childcare subsidy plans established in Sections 8273, 8283, and 8289, and may include representatives from local planning councils, county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and administrators of child development programs.(2)The subcommittee shall meet at least twice annually to develop, consider, evaluate, and discuss statewide pilot policies, for consideration by the department and the State Department of Social Services, that would address state-imposed regulatory barriers to achieving the goals outlined in the Master Plan for Early Learning and Care, including all of the following goals:(A)Increased access to full-day early learning and care programs that meet the needs of parents.(B)Implementation of mixed-delivery models, including collaborations between local educational agencies and community-based organizations.(C)More equitable access to high-quality preschool and transitional kindergarten programs.(D)Streamlined enrollment for families and decreased administrative burdens on providers.(E)Increased enrollment of children with exceptional needs in inclusive early learning and care settings.(3)Members of the subcommittee, or a consultant on their behalf, may submit proposals to create new statewide pilot policies to the department and State Department of Social Services for their consideration. Proposals shall include all of the following information:(A)Evidence that the proposed pilot policy is aligned with the intent of this subdivision and the Master Plan for Early Learning and Care.(B)Data demonstrating that the pilot policy would further one or more of the goals outlined in paragraph (2).(C)The projected impact of the pilot policy, including any estimated change in capacity, access, enrollment, eligibility, continuity of care, increased ability to meet family needs, and cost of implementation.(D)Any existing policies that would be affected by the pilot policy.(4)(A)Within 60 days of receiving a proposal to create a statewide pilot policy, the department and the State Department of Social Services shall review and either approve or respond to the proposal with questions, requests for additional information, or requests for modifications. Members of the subcommittee, or a consultant on their behalf, shall have 60 days to respond to questions and requests.(B)Within 60 days of receiving responses to questions, additional information, or a modified proposal for a statewide pilot policy from members of the subcommittee, the department and the State Department of Social Services shall review and either approve or deny the proposal.(C)If a proposal to create a new statewide pilot policy is denied, the department and the State Department of Social Services shall provide a written explanation for the denial, including any conflicts with federal law or regulation, cost of implementation, data demonstrating that the pilot policy would not further one or more of the goals outlined in paragraph (2), and evidence that the pilot policy would have a negative impact on capacity, access, enrollment, eligibility, continuity of care, or decreased ability to meet family needs.(5)Statewide pilot policies may supersede state law concerning childcare subsidy programs with regard to only the following factors:(A)Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.(B)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 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable.(C)Reimbursement rates, including adjustment factors identified in Section 8244 of this code or Section 10281.5 of the Welfare and Institutions Code, as applicable.(D)Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based childcare, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.(E)Regulations and notices governing childcare licensing.(F)Facilities.(6)Statewide pilot policies shall not change or supersede state laws governing enrollment priority and shall not impact or reduce any element in the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code that provides a greater benefit to participating families than is provided for in the statewide pilot policy.(7)(A)(i)A local planning council, as defined in Section 10480 of the Welfare and Institutions Code, may apply to the department and the State Department of Social Services to participate in an approved statewide pilot policy.(ii)Components of an application relating to preschool or transitional kindergarten shall be overseen by the department and the components of applications addressing all other childcare programs or requirements shall be overseen by the State Department of Social Services.(B)Within 30 days of receiving the application, the appropriate department shall review and either approve or respond to the application with questions, requests for additional information, or requests for modifications. The local planning council shall have 30 days to respond to questions and requests.(C)(i)Within 30 days of receiving responses to questions, additional information, or a modified application, the appropriate department shall review and either approve or deny the application.(ii)Modified applications shall be submitted by the local planning council for approval before final approval by the appropriate department.(D)If approval of an application would change rates, the application shall be approved by the board of supervisors of the county before final approval by the appropriate department.(E)The department and the State Department of Social Services, in consultation with the subcommittee established in paragraph (1), shall establish instructions and timelines for the submission of or modifications to the application used by the local planning council pursuant to this paragraph, including, but not limited to, application templates and guidance on inviting childcare and child development providers to participate.(F)A participating provider shall receive an increase or decrease in funding that the provider would have received if the provider had not participated in the application.(8)The department and the State Department of Social Services, in consultation with the subcommittee, shall discuss and determine both of the following:(A)Which, if any, of the individualized pilot policies granted to the individualized county childcare subsidy plans established in Sections 8273, 8283, and 8289, have not been adopted statewide through legislation or regulation.(B)Whether any of the individualized pilot policies not adopted statewide through legislation or regulation should be approved as a statewide pilot policy pursuant to the process prescribed in paragraph (3).(9)The department and the State Department of Social Services shall provide a report on the statewide pilot policies considered pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026. The report shall include all of the following:(A)A list of the approved statewide pilot policies and the counties that have applied and received approval to participate in each pilot policy.(B)A brief description of the impact of each pilot policy, including estimated increases in capacity, access, enrollment, eligibility, continuity of care, or ability to meet family needs.(C)A list of the statewide pilot policies that were denied and the written explanation for the denial.(D)Recommendations on what statewide pilot policies should be implemented through statute or regulation.(10)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 subdivision 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.(11)For purposes of this subdivision, department means the State Department of Education.(12)This subdivision shall become inoperative on July 1, 2027.(e)For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.(f)Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (e) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.SEC. 2.SECTION 1. Section 8281 of the Education Code is amended to read:8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.SEC. 3.SEC. 2. Section 10348 of the Welfare and Institutions Code is amended to read:10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.SEC. 4.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To ensure that current individualized county childcare subsidy plans remain in effect until a new statewide childcare pilot process is enacted, without interruption, it is necessary for this act to take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)(1)The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts.
(2)The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources.
(3)The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system.
(b)The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022.
(c)The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023.
(d)(1)A statewide childcare pilot subcommittee of the workgroup established in subdivision (a) shall be established to propose, evaluate, and collect evidence to support the departments and the State Department of Social Services creation of statewide pilot policies for childcare and child development programs. The subcommittee shall include representatives from the individualized county childcare subsidy plans established in Sections 8273, 8283, and 8289, and may include representatives from local planning councils, county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and administrators of child development programs.
(2)The subcommittee shall meet at least twice annually to develop, consider, evaluate, and discuss statewide pilot policies, for consideration by the department and the State Department of Social Services, that would address state-imposed regulatory barriers to achieving the goals outlined in the Master Plan for Early Learning and Care, including all of the following goals:
(A)Increased access to full-day early learning and care programs that meet the needs of parents.
(B)Implementation of mixed-delivery models, including collaborations between local educational agencies and community-based organizations.
(C)More equitable access to high-quality preschool and transitional kindergarten programs.
(D)Streamlined enrollment for families and decreased administrative burdens on providers.
(E)Increased enrollment of children with exceptional needs in inclusive early learning and care settings.
(3)Members of the subcommittee, or a consultant on their behalf, may submit proposals to create new statewide pilot policies to the department and State Department of Social Services for their consideration. Proposals shall include all of the following information:
(A)Evidence that the proposed pilot policy is aligned with the intent of this subdivision and the Master Plan for Early Learning and Care.
(B)Data demonstrating that the pilot policy would further one or more of the goals outlined in paragraph (2).
(C)The projected impact of the pilot policy, including any estimated change in capacity, access, enrollment, eligibility, continuity of care, increased ability to meet family needs, and cost of implementation.
(D)Any existing policies that would be affected by the pilot policy.
(4)(A)Within 60 days of receiving a proposal to create a statewide pilot policy, the department and the State Department of Social Services shall review and either approve or respond to the proposal with questions, requests for additional information, or requests for modifications. Members of the subcommittee, or a consultant on their behalf, shall have 60 days to respond to questions and requests.
(B)Within 60 days of receiving responses to questions, additional information, or a modified proposal for a statewide pilot policy from members of the subcommittee, the department and the State Department of Social Services shall review and either approve or deny the proposal.
(C)If a proposal to create a new statewide pilot policy is denied, the department and the State Department of Social Services shall provide a written explanation for the denial, including any conflicts with federal law or regulation, cost of implementation, data demonstrating that the pilot policy would not further one or more of the goals outlined in paragraph (2), and evidence that the pilot policy would have a negative impact on capacity, access, enrollment, eligibility, continuity of care, or decreased ability to meet family needs.
(5)Statewide pilot policies may supersede state law concerning childcare subsidy programs with regard to only the following factors:
(A)Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.
(B)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 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable.
(C)Reimbursement rates, including adjustment factors identified in Section 8244 of this code or Section 10281.5 of the Welfare and Institutions Code, as applicable.
(D)Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based childcare, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
(E)Regulations and notices governing childcare licensing.
(F)Facilities.
(6)Statewide pilot policies shall not change or supersede state laws governing enrollment priority and shall not impact or reduce any element in the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code that provides a greater benefit to participating families than is provided for in the statewide pilot policy.
(7)(A)(i)A local planning council, as defined in Section 10480 of the Welfare and Institutions Code, may apply to the department and the State Department of Social Services to participate in an approved statewide pilot policy.
(ii)Components of an application relating to preschool or transitional kindergarten shall be overseen by the department and the components of applications addressing all other childcare programs or requirements shall be overseen by the State Department of Social Services.
(B)Within 30 days of receiving the application, the appropriate department shall review and either approve or respond to the application with questions, requests for additional information, or requests for modifications. The local planning council shall have 30 days to respond to questions and requests.
(C)(i)Within 30 days of receiving responses to questions, additional information, or a modified application, the appropriate department shall review and either approve or deny the application.
(ii)Modified applications shall be submitted by the local planning council for approval before final approval by the appropriate department.
(D)If approval of an application would change rates, the application shall be approved by the board of supervisors of the county before final approval by the appropriate department.
(E)The department and the State Department of Social Services, in consultation with the subcommittee established in paragraph (1), shall establish instructions and timelines for the submission of or modifications to the application used by the local planning council pursuant to this paragraph, including, but not limited to, application templates and guidance on inviting childcare and child development providers to participate.
(F)A participating provider shall receive an increase or decrease in funding that the provider would have received if the provider had not participated in the application.
(8)The department and the State Department of Social Services, in consultation with the subcommittee, shall discuss and determine both of the following:
(A)Which, if any, of the individualized pilot policies granted to the individualized county childcare subsidy plans established in Sections 8273, 8283, and 8289, have not been adopted statewide through legislation or regulation.
(B)Whether any of the individualized pilot policies not adopted statewide through legislation or regulation should be approved as a statewide pilot policy pursuant to the process prescribed in paragraph (3).
(9)The department and the State Department of Social Services shall provide a report on the statewide pilot policies considered pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2026. The report shall include all of the following:
(A)A list of the approved statewide pilot policies and the counties that have applied and received approval to participate in each pilot policy.
(B)A brief description of the impact of each pilot policy, including estimated increases in capacity, access, enrollment, eligibility, continuity of care, or ability to meet family needs.
(C)A list of the statewide pilot policies that were denied and the written explanation for the denial.
(D)Recommendations on what statewide pilot policies should be implemented through statute or regulation.
(10)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 subdivision 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.
(11)For purposes of this subdivision, department means the State Department of Education.
(12)This subdivision shall become inoperative on July 1, 2027.
(e)For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(f)Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (e) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.
SEC. 2.SECTION 1. Section 8281 of the Education Code is amended to read:8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.
SEC. 2.SECTION 1. Section 8281 of the Education Code is amended to read:
### SEC. 2.SECTION 1.
8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.
8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.
8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.
8281. This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.
SEC. 3.SEC. 2. Section 10348 of the Welfare and Institutions Code is amended to read:10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.
SEC. 3.SEC. 2. Section 10348 of the Welfare and Institutions Code is amended to read:
### SEC. 3.SEC. 2.
10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.
10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.
10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.
10348. This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.
SEC. 4.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To ensure that current individualized county childcare subsidy plans remain in effect until a new statewide childcare pilot process is enacted, without interruption, it is necessary for this act to take effect immediately.
SEC. 4.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To ensure that current individualized county childcare subsidy plans remain in effect until a new statewide childcare pilot process is enacted, without interruption, it is necessary for this act to take effect immediately.
SEC. 4.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 4.SEC. 3.
To ensure that current individualized county childcare subsidy plans remain in effect until a new statewide childcare pilot process is enacted, without interruption, it is necessary for this act to take effect immediately.