California 2023-2024 Regular Session

California Assembly Bill AB2381 Compare Versions

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1-Enrolled September 05, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly May 22, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2381Introduced by Assembly Member BontaFebruary 12, 2024An act to amend Section 8242 of the Education Code, relating to childcare.LEGISLATIVE COUNSEL'S DIGESTAB 2381, Bonta. California state preschool programs: reimbursement rates.Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8242 of the Education Code is amended to read:8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
1+Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2381Introduced by Assembly Member BontaFebruary 12, 2024An act to amend Section 8242 of the Education Code, relating to childcare.LEGISLATIVE COUNSEL'S DIGESTAB 2381, as amended, Bonta. Childcare. California state preschool programs: reimbursement rates.Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services.This bill would state the intent of the Legislature to enact legislation relating to childcare.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8242 of the Education Code is amended to read:8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.SECTION 1.It is the intent of the Legislature to enact legislation relating to childcare.
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3- Enrolled September 05, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly May 22, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2381Introduced by Assembly Member BontaFebruary 12, 2024An act to amend Section 8242 of the Education Code, relating to childcare.LEGISLATIVE COUNSEL'S DIGESTAB 2381, Bonta. California state preschool programs: reimbursement rates.Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2381Introduced by Assembly Member BontaFebruary 12, 2024An act to amend Section 8242 of the Education Code, relating to childcare.LEGISLATIVE COUNSEL'S DIGESTAB 2381, as amended, Bonta. Childcare. California state preschool programs: reimbursement rates.Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services.This bill would state the intent of the Legislature to enact legislation relating to childcare.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
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5- Enrolled September 05, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly May 22, 2024 Amended IN Assembly March 21, 2024
5+ Amended IN Assembly March 21, 2024
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7-Enrolled September 05, 2024
8-Passed IN Senate August 30, 2024
9-Passed IN Assembly May 22, 2024
107 Amended IN Assembly March 21, 2024
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129 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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1411 Assembly Bill
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1613 No. 2381
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1815 Introduced by Assembly Member BontaFebruary 12, 2024
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2017 Introduced by Assembly Member Bonta
2118 February 12, 2024
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2320 An act to amend Section 8242 of the Education Code, relating to childcare.
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2522 LEGISLATIVE COUNSEL'S DIGEST
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2724 ## LEGISLATIVE COUNSEL'S DIGEST
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29-AB 2381, Bonta. California state preschool programs: reimbursement rates.
26+AB 2381, as amended, Bonta. Childcare. California state preschool programs: reimbursement rates.
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31-Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.
28+Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services.This bill would state the intent of the Legislature to enact legislation relating to childcare.
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3330 Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the2018regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.
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3532 This bill would instead require, for a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions.
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34+Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services.
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36+
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38+This bill would state the intent of the Legislature to enact legislation relating to childcare.
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41+
3742 ## Digest Key
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3944 ## Bill Text
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41-The people of the State of California do enact as follows:SECTION 1. Section 8242 of the Education Code is amended to read:8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
46+The people of the State of California do enact as follows:SECTION 1. Section 8242 of the Education Code is amended to read:8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.SECTION 1.It is the intent of the Legislature to enact legislation relating to childcare.
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4348 The people of the State of California do enact as follows:
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4550 ## The people of the State of California do enact as follows:
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4752 SECTION 1. Section 8242 of the Education Code is amended to read:8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
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4954 SECTION 1. Section 8242 of the Education Code is amended to read:
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5156 ### SECTION 1.
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5358 8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
5459
5560 8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
5661
5762 8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).(2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:(A) The 75th percentile of the2018regional market rate survey.(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:(A) Address, including ZIP Code.(B) Race and ethnicity.(C) Gender.(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.(E) What types of federal relief funds have been received from the state.(F) Use of federal relief funds received.(G) Documentation that the provider met certifications as required by federal law.(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.(d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.(2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.(e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:(1) The maximum reimbursable amount stated in the contract.(2) Net reimbursable program costs.(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
5863
5964
6065
6166 8242. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.
6267
6368 (1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.
6469
6570 (2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
6671
6772 (b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).
6873
6974 (B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).
7075
7176 (2) Commencing in the 202223 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.
7277
7378 (c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received thestandard reimbursement rate established in this section shall be reimbursed at the greater of the following:
7479
7580 (A) The 75th percentile of the2018regional market rate survey.
7681
7782 (B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).
7883
7984 (2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.
8085
8186 (3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:
8287
8388 (A) Address, including ZIP Code.
8489
8590 (B) Race and ethnicity.
8691
8792 (C) Gender.
8893
8994 (D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
9095
9196 (E) What types of federal relief funds have been received from the state.
9297
9398 (F) Use of federal relief funds received.
9499
95100 (G) Documentation that the provider met certifications as required by federal law.
96101
97102 (4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
98103
99104 (d) (1) Notwithstanding subdivisions (b) and (c), for the 202324 fiscal year and the 202425 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.
100105
101106 (2) It is the intent of the Legislature that any adjustments in the 202324 fiscal year and the 202425 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.
102107
103108 (e) For a contract whose period of performance begins on and after July 1, 2025, the contract reimbursement shall be based on the lesser of the following:
104109
105110 (1) The maximum reimbursable amount stated in the contract.
106111
107112 (2) Net reimbursable program costs.
108113
109114 (3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
115+
116+
117+
118+It is the intent of the Legislature to enact legislation relating to childcare.