Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility.

This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara, and a preschool program, as defined, as a pilot project until January 1, 2022, June 30, 2021, to develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district for purposes of attending a state-funded part-day preschool program in the school district. The bill would require the school district to consult with and the preschool programs, as defined, and program to consult with the Santa Clara County Office of Education and First 5 Santa Clara County in developing the plan. The bill would require the plan to include specified elements relating to elements. The bill would establish certain requirements relating to eligibility and age of preschool program participation. The bill would require the plan, and any modifications to the plan, to be submitted to, and approved by, the Santa Clara County Local Child Care Planning Council and the governing board of the school district. The bill would require the governing board of the school district, upon approval, to submit the plan or modifications to the Early Education and Support Division of the State Department of Education. Education for approval, as provided. The bill would require the school district and the preschool program to submit an annual report to the Legislature and the department, as provided, and a final an additional report on or before December 31, 2022. 2020, that provides recommendations as to whether the pilot project should continue as a permanent program. The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions.

This bill would make legislative findings and declarations as to the necessity for special legislation.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility.

This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara, as a pilot project until January 1, 2022, to develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district for purposes of attending a state-funded part-day preschool program in the school district. The bill would require the school district to consult with preschool programs, as defined, and the Santa Clara Office of Education in developing the plan. The bill would require the plan to include specified elements relating to eligibility and age of preschool program participation. The bill would require the plan to be submitted to, and approved by, the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the State Department of Education. The bill would require the school district to submit an annual report to the Legislature and the department, as provided, and a final report on or before December 31, 2022. The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions.

This bill would make legislative findings and declarations as to the necessity for special legislation.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility.

Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families.

This bill would make nonsubstantive changes to this law.

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 311

Author:(Beall) – As Amended Ver:July 6, 2015

Urgency: Yes State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill authorizes the Alum Rock Union Elementary School District (ARUESD) to develop and implement an individualized plan to provide preschool services within a transitional kindergarten (TK) classroom on a five year pilot basis through June 30, 2021. Specifically, this bill:

1. Authorizes ARUESD and a preschool program (Kidango) to develop the pilot, pursuant to a Memorandum of Understanding (MOU). Requires the MOU to clarify the use of facilities, shared goals of the pilot project, and responsibilities of both parties.

2. Requires ARUESD and the preschool program to consult with the Santa Clara Office of Education and First 5 of Santa Clara County in the development of the individualized part day preschool plan for children residing in the district.

3. Requires the plan to include the following:

   1. Elements to address local needs, conditions, and priorities of families in the school district for purposes of preparing children for kindergarten and grades 1 to 12, inclusive.

   2. Increased access to preschool in the school district to prepare children for transitional kindergarten and kindergarten.

   3. The provision of supplemental services to children in transitional kindergarten.

   4. The provision of parent education, parent engagement, and family support services.

   5. Systems to facilitate transition of children and their families from a federal Head Start program and preschool to transitional kindergarten and kindergarten.

   6. Collaboration between preschool, transitional kindergarten and kindergarten teachers.

4. Provides that a child is eligible to participate in the pilot based on free and reduced-price meal (FRPM) eligibility, participation in the federal Child and Adult Care Food Program or if the child is a foster youth.

5. Authorizes children up to the age of admission to kindergarten to participate in the pilot program.

6. Requires the pilot project plan to be submitted to the governing board of the school district for approval. Upon approval by the governing board, the plan or modifications to the plan shall be submitted to California Department of Education (CDE) for review. CDE shall either approve or disapprove the plan, or modifications to the plan, within 30 days of receipt of the plan.

7. Requires the ARUESD and the preschool program to submit interim reporting requirements to the Legislature and CDE demonstrating if the program increased enrollment of children eligible for FRPM and increased provision of child development services. Further requires the district and the preschool, in consultation with the Santa Clara County Office of Education and First 5 of Santa Clara County, to submit a report to the Legislature and CDE on or before December 31, 2020, recommending if the program should continue.

8. Specifies no additional state funds shall be used for purposes of implementing the pilot program.

FISCAL EFFECT:

1. This bill specifies no additional state funding shall be used to implement the program; however, this bill effectively prevents a reversion of preschool dollars, potentially in the range of $170,000 to $860,000, thus a potential loss of Proposition 98/GF.

The preschool provider subject to this pilot plans to repurpose an existing California State Preschool Program (CSPP) grant to pay for the services under the pilot. The pilot expands eligibility to serve children up to five years old and changes income eligibility requirements. These changes increase the likelihood that the preschool provider will utilize a greater portion of their CSPP grant. Currently, CDE predicts this provider will only utilize 84% of their existing $13.8 million state contract. Traditionally, early education dollars that revert to the state have been reallocated to serve other early care needs in high need communities.

2. Proposition 98/GF cost pressure, potentially in the millions, to expand age and income eligibility for CSPP program grantees throughout the state.

COMMENTS:

1. Purpose. The CSPP offers part-day and full-day preschool programs through contracts with local educational agencies, private contractors, and colleges. Part-day preschool operates three hours per day for 175 days. The General Child Care program provides "wrap around" to provide full-day care. The 2015-16 Budget Act provides 9,500 new slots to the CSPP part-day and full-day programs.

Under current law, priority for enrollment for CSPP goes to four- or three-year-old neglected or abused children who are recipients of Child Protective Services or recipients who are at risk of being neglected or abused, without regard to income. Second priority goes to four-year-old children who were enrolled in CSPP as a three-year-old, followed by four-year-old children with the lowest income ranking. Three-year-old children may be enrolled after four-year-olds are enrolled.

This bill is sponsored by Kidango, a Bay Area early childhood education and preschool provider. In May of 2015, Kidango was awarded $866,400 in CSPP funding to serve 96 children (ages three and four) in a full-day preschool setting. The sponsor indicates their goal is to instead use these funds to provide part-day services within ARUESD for transitional kindergarten students using ARUESD classroom facilities. Existing CDE guidance does not currently allow CSPP contracts to provide before or after school services for transitional kindergarten.

The bill also expands eligibility by allowing families to use FRPM eligibility (which allows families to self-certify), participation in the federal Child and Adult Care Food Program or a child's status as a foster youth for purposes of CSPP funding. Currently, eligibility is determined using the CSPP application and income eligibility of 70% of the State Median Income (SMI). According to the author, this process is overly burdensome and time consuming.

2. Existing law options for expanding transitional kindergarten. Current law authorizes a number of options to provide an extended day to transitional kindergarten students. Current regulations authorize children enrolled in transitional kindergarten who are in need of before or after school services to be enrolled in the General Child Care and Alternative Payment Programs. School districts can also seek state after school program funds or use local control funding formula dollars for this purpose. It is not clear to what extent the ARUESD has pursued these other options.

3. Urgency. According to the author, this bill is urgent because the district is attempting to implement the program in the 2015-16 school year. According to the ARUESD website, the school year begins August 26. Even if the bill were signed by mid-July, current provisions in the bill make it highly unlikely the program would be implemented by August. The bill requires a plan developed by the school district and Kidango to be approved by the ARUESD governing board and the CDE. Once the plan is submitted to the CDE, the department has 30 days to review and to approve, or disapprove the plan.

4. Other pilots. The Legislature has authorized other pilot projects in San Mateo County and the city of county of San Francisco that provide limited local flexibility to adjust eligibility rules, provider rates and family fees to accommodate higher cost of living and higher cost to provide care in these areas. AB 833 (Bonta), on Suspense in the Senate Appropriations Committee, authorizes Alameda to establish a similar pilot. This bill is different than the other pilots in that it only applies to CSPP and not all early development programs, and the flexibilities granted by this bill are limited to funds received by one agency rather than on a countywide basis.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: July 1, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 311

Author:(Beall) – As Amended Ver:June 1, 2015

SENATE VOTE: 40-0

SUBJECT: Child Care and Development Services Act: preschool: Alum Rock Union Elementary School District: pilot project.

SUMMARY: Authorizes the Alum Rock Union Elementary School District (ARUESD) to develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district. Specifically, this bill:

1. Establishes the following definitions:

   1. "School district" as the ARUESD, located in the County of Santa Clara.

   2. "Preschool program" as a state-funded part-day preschool program that operates in the ARUESD.

2. Authorizes the ARUESD, as a pilot project, to develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district for purposes of attending a preschool program in the school district. Requires the plan to ensure that child care subsidies received by a preschool program are used to address local needs, conditions, and priorities of families in the school district and for preparing children for kindergarten and grades 1 to 12, inclusive.

3. Requires the ARUESD, before implementing the plan and in consultation with any preschool program and the Santa Clara Office of Education, to develop an individualized eligibility part-day preschool subsidy plan that shall include both of the following:

   1. Notwithstanding any other law, eligibility to participate in the preschool program shall be based on either of the following conditions:

      1. The child is eligible for free or reduced-price meals, as that term is used in subdivision (a) of Education Code (EC) Section 42238.01.

      2. The child is a foster youth, as that term is used in subdivision (b) of EC Section 42238.01.

   2. Notwithstanding any other law, children up to the age of admission into first grade shall be allowed to participate in the preschool program.

4. Requires the plan to be submitted to, and approved by, the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the California Department of Education (CDE).

5. Specifies that upon approval of the plan, the ARUESD, in consultation with the preschool program, the Santa Clara Office of Education, and First 5 Santa Clara, shall do the following:

   1. Prepare and submit an annual report to the Legislature and the CDE that summarizes the success of the pilot project; and,

   2. Submit a final report to the Legislature in accordance with the procedures established in the Government Code and the CDE on or before December 31, 2022, that shall provide recommendations as to whether the pilot project should continue as a permanent program.

6. Authorizes the ARUESD to implement the pilot project until January 1, 2022, at which date the district shall terminate the plan and implement the state's requirements for subsidized part-day preschools. Specifies that a child enrolling for the first time in a preschool program in the school district after January 1, 2022 shall not be enrolled in the pilot project established by this bill and shall be subject to existing state laws and regulations regarding preschool eligibility.

7. Specifies that additional state funds shall not be appropriated for purposes of implementing this bill.

8. Sunsets on January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.

9. Finds and declares that a special law is necessary because of the unique circumstances of the ARUESD, in the County of Santa Clara. The school district has a high level of children who live in poverty, children who are English language learners, children who are part of a minority group, and children who are exposed to violence in their community. The school district is particularly focused on significantly increasing pupil achievement and parent engagement and this bill will achieve this by offering preschool services to children and families in the school district.

10. Contains an urgency clause due to the fact that the start of the 2015-16 school year begins in August. This bill will prevent needless hours and paperwork to certify eligibility past the August start date. Therefore, in order to eliminate the barriers for families to access state preschool and to remove the paperwork burden on families and agencies in time for the new school year, it is necessary for this bill to take effect immediately.

EXISTING LAW:

1. Establishes eligibility for child care services and child development programs administered by the CDE and requires the Superintendent of Public Instruction (SPI) to adopt rules and regulations on eligibility, enrollment and priority of services needed for implementation (EC Section 8263).

2. Specifies that in order to be eligible for federal and state subsidized child development services, families must meet at least one requirement in each of the following areas:

1. A family is (A) a current aid recipient, (B) income eligible, (C) homeless or (D) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited; and,

2. A family needs the child care services (A) because the child is identified by a legal, medical, social services agency, or emergency shelter as (i) a recipient of protective services or (ii) being neglected, abused, or exploited, or at risk of neglect, abuse or exploitation, or (B) because the parents are (i) engaged in vocational training leading directly to a recognized trade, paraprofession or profession, (ii) employed or seeking employment, (iii) seeking permanent housing for family stability, or (iv) incapacitated. (EC Section 8263(a))

3. Establishes the California State Preschool Program (CSPP) and provides that the programs shall include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. (EC Section 8235).

4. Defines "income eligible" as a family whose adjusted monthly income is at or below 70% of the state median income (SMI), adjusted for family size, and adjusted annually. For the 2014-15 fiscal year, the income eligibility shall be 70% of the SMI that was in use for the 2007-08 fiscal year, adjusted for family size. (EC Section 8263.1)

FISCAL EFFECT: According to the Senate Appropriations Committee, absorbable local costs to implement the pilot; minor and absorbable administrative costs to the CDE related to contract monitoring and review of the pilot plan and reports; and potential significant cost pressure to scale this pilot statewide, which would result in changes in eligibility, allowing for self-certification of income eligibility and allowing children to participate in the program that are older than four years old.

COMMENTS: Purpose of the bill. The author states that the ARUESD "has one of the highest numbers of low income families and a high violence rate within the East of San Jose. As a result of the various barriers, academic performances have been highly impacted amongst children and youth residing in the Alum Rock community. This bill will reduce the paper work burden for eligibility requirements on families. ARUESD already has in place a universal free and reduced lunch program for all students. If new students wanted to participate in the pilot project, families would have to fill out double the paper work for eligibility under current state requirements. The Child Development funding, unlike K-12, is not permissive. This bill allows alternatives for children and families to qualify for this service."

According to the CDE, in 2013-14, ARUESD had an enrollment of 12,570, of which, 11,183 (89%) were eligible for the free and reduced-price meals (FRPM) program.

CSPP. The CSPP offers part-day and full-day preschool programs through contracts with local educational agencies, private contractors, and colleges. These programs are required to comply with health and safety standards under Title 22 regulations and higher developmental and teacher qualification standards under Title 5 regulations adopted by the CDE. Income eligibility is 70% of the SMI ($46,896 for a family of four). Part-day preschool operates three hours per day for 175 days. The General Child Care program provides "wrap around" to provide full-day care. The 2015-16 budget recently passed by the Legislature provides 9,500 new slots to the CSPP part-day and full-day programs.

What does this bill do? This bill establishes a preschool pilot project for the ARUESD. According to the sponsor, Kidango, and the author, the purpose of the bill is to allow Kidango to reduce the amount of paper work and administrative time required to determine eligibility and to use CSPP as a "wraparound" service for children in transitional kindergarten (TK) and kindergarten. The bill authorizes the district to develop and implement the pilot, but the school district does not currently have a contract with the CDE to provide preschool services. Kidango, an early childhood education and preschool provider with a number of sites throughout the Bay Area, has a contract with CDE to provide state subsidized preschool. This pilot, however, is intended to apply only to Kidango's services for children who reside and attend schools in the ARUESD, targeting approximately 200 kids. The school district's role is in providing classrooms and playground space. As such, the bill needs to be amended to clarify that the preschool program is authorized to participate in the pilot project. Staff recommends an amendment to clarify that ARUESD and a preschool program, defined as an agency that holds a CSPP contract and that has a memorandum of understanding with ARUESD, are authorized to develop the pilot.

Using eligibility for federal meal programs to determine eligibility. This bill will allow Kidango to use eligibility for FRPM to constitute eligibility, instead of determining eligibility using the CSPP application and income eligibility of 70% of the SMI. According to the sponsor, this will allow the agency to reduce time and costs to establish eligibility under the CSPP. According to the CDE, CSPP eligibility requires proof of income, while the FRPM does not. The FRPM is a federally and state funded program that provides free or very low cost meals to needy children in schools. According to the sponsor, the children enrolled in the pilot may include three- or four-year-old children, in addition to children already enrolled in the ARUESD. The three- or four-year-old children will not be enrolled in the FRPM program. Instead, these children may be eligible for the child and adult care food program (CACFP). The CACFP is also a federally and state funded program that subsidizes meals and snacks served at child care, preschool, family day care homes and at adult day care programs. Staff recommends adding the CACFP as another method for determining eligibility for CSPP.

Income eligibility for both the FRPM and the CACFP programs is the same and is established by the federal government. For the free meal category, household income must be at or below 130% of the federal poverty guidelines. For the reduced-price category, household income must be between 130% and 185% of federal poverty guidelines. When compared by family size, the income ceilings for the CSPP and the FRPM and CACFP are fairly comparable. Below are examples of family ceilings for a family of 3 and 4:

Comparison of income eligibility for CSPP, FRPM and CACFP programs:

These examples show that the federal food program income ceilings are lower than the CSPP; therefore, if a child is eligible for either CACFP or the FRPM program, the child would be eligible for CSPP. Using the meal programs as proxies for eligibility for CSPP would work. The issue for the Committee to consider is whether the state should provide eligibility for CSPP without verification of income. While there is potential for enrolling children who do not meet income eligibility, the fact that 89% of the district is comprise of low income students eligible for FRPM reduce that likelihood.

Extending eligibility to children enrolled in TK and kindergarten. Under current law, priority for enrollment for CSPP goes to four- or three-year-old neglected or abused children who are recipients of Child Protective Services or recipients who are at risk of being neglected or abused, without regard to income. Second priority goes to four-year-old children who were enrolled in CSPP as a three-year-old, followed by four-year-old children with the lowest income ranking. Three-year-old children may be enrolled after four-year-olds are enrolled. This bill provides CSPP eligibility to children up to the age of admission into first grade, which means that children in TK and kindergarten are eligible to be enrolled in CSPP.

TK program. TK was established in 2010 when the date by which a child turns five for enrollment in kindergarten was changed from December 2 to September 1. TK is a modified kindergarten program for the children with fall birthdays displaced as result of the change. According to the sponsor, the purpose of this part of the bill is to enable children in TK and kindergarten enrolled in the district to receive preschool services after school ends. The district's TK and kindergarten are part-day programs. By expanding eligibility to children in kindergarten, this bill may potentially expand eligibility to children who may be up to six years of age. Even as a pilot, the Committee may wish to consider whether this is a good and appropriate use of CSPP funds, especially given that there currently are not enough slots to provide services to all eligible three- and four-year-old children. If the district wishes to extend the number of hours for kindergarteners, the district may consider offering extended day kindergarten (full-day), seek state after school program funds, or use its local control funding formula for this purpose.

Current regulations authorize children enrolled in TK who are in need of before or after school services to be enrolled in the General Child Care and Alternative Payment Programs, but not the CSPP. While extending CSPP to children old enough for TK also goes beyond age limitations, it is at least somewhat consistent with preschool; the children are at most five years old and budget trailer bill language enacted last year expresses the intent of the Legislature for the TK curriculum to be aligned to the state preschool learning foundations. Staff recommends an amendment to authorize children up to the age of admission into kindergarten to be eligible to participate in the pilot. The effect is that children enrolled in TK would be eligible to participate in the pilot.

The plan. The bill requires ARUESD to develop a plan that specifies the eligibility criteria and submit the plan to the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the CDE for approval. Staff recommends the following:

1. Rather than submitting the plan to the Santa Clara County Local Child Care Planning Council, require the plan or modification to the plan to be submitted to the governing board of the ARUESD and the CDE.

2. Require the CDE to approve or disapprove the plan or modifications to the plan within 30 days of submission and specify that disapproval of the plan or modifications to the plan shall be based on nonconformance with this bill or conflicts with federal law.

3. Specify that the plan shall include, but is not limited to, the following:

1. Increasing access to preschool in the school district to prepare children for TK and kindergarten.

2. Provision of supplemental services to children in TK.

3. Provision of parent education, parent engagement and family support services.

4. Systems to facilitate transition of children and their families from Head Start and preschool to TK and kindergarten.

5. Increasing collaboration between preschool, TK and kindergarten teachers.

Reports. The bill requires an annual report to be submitted by the school district summarizing the success of the pilot. However, the bill does not define the measurements of success. Staff recommends using increase in the enrollment of very low-income kids (using the number of kids eligible for free meals under the FRPM program) as a measure of success.

Privacy considerations. Staff recommends an amendment to require any sharing of information between the school district and Kidango to be in accordance with the federal Family Educational Rights and Privacy Act of 1974.

Sunset date. The bill currently sunsets on January 1, 2023. Staff recommends changing the sunset date to June 30, 2021 to make the pilot a five and a half year pilot (assuming that implementation begins on January 1, 2016 and will end at the end of the fiscal year in 2021).

Other pilots. The Legislature has authorized other pilot projects in San Mateo County and the city of county of San Francisco that provides limited local flexibility to adjust eligibility rules, provider rates and family fees to accommodate higher cost of living and higher cost to provide care in these areas. AB 833 (Bonta), pending in the Senate Education Committee, authorizes Alameda to establish a similar pilot. This bill is different than the other pilots in that it only applies to CSPP and not all early development programs, and the flexibilities granted by this bill are limited to funds received by one agency rather than on a countywide basis.

Urgency clause. This bill contains an urgency clause and states, as a reason, because the start of the 2015-16 school year begins in August. Staff notes that even if the bill is signed by mid-July, it would be difficult for the pilot to take effect by August. As amended, the bill requires a plan developed by the school district and the preschool program to be approved by the ARUESD governing board and the CDE. Once the plan is submitted to the CDE, CDE would have 30 days to review and to approve or disapprove the plan. If modifications are required, CDE would have an additional 30 days for review.

Related legislation. AB 833 (Bonta), pending in the Senate Education Committee, authorizes the County of Alameda to, as a pilot project, develop and implement an individualized county child care subsidy plan.

Prior related legislation. AB 260 (Gordon), Chapter 731, Statutes of 2013, extended the sunset dates of the San Francisco and San Mateo County individualized county child care subsidy plans to 2016 and 2018, respectively.

AB 86 (Committee on Budget), Chapter 48, Statutes of 2013, extended the sunset data of the San Francisco individualized county child care subsidy plan to 2015.

SB 1016 (Committee on Budget and Fiscal Review), Chapter 38, Statutes of 2012, extended the sunset date of the San Francisco individualized county child care subsidy plan to 2014.

AB 1610 (Committee on Budget), Chapter 724, Statutes of 2010, extended the sunset date of the San Francisco individualized county child care subsidy plan to 2013.

SB 1225 (Yee), held in the Senate Appropriations Committee suspense file in 2010, would have extended the sunset date of the San Francisco individualized county child care subsidy plan to 2016.

AB 1304 (Simitian), Chapter 61, Statutes of 2008, extended the sunset date of the San Mateo County individualized county child care subsidy plan to 2014.

SB 701 (Migden), Chapter 725, Statutes of 2005, established the San Francisco individualized county child care subsidy plan pilot project, to sunset in 2011.

AB 1326 (Simitian), Chapter 691, Statutes of 2003, established the San Mateo County individualized county child care subsidy plan pilot project.

REGISTERED SUPPORT / OPPOSITION:

Support

Alum Rock Union Elementary School District

Alameda County Board of Supervisors

First 5 Santa Clara County

Kidango

Santa Clara County Office of Education

Numerous individuals

Opposition

None on file

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 311

Author: Beall (D)

Amended: 6/1/15

Vote: 27 - Urgency

SENATE EDUCATION COMMITTEE: 8-0, 4/15/15

AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: Child Care and Development Services Act: preschool: Alum Rock Union Elementary School District: pilot project

SOURCE: Author

DIGEST: This bill, an urgency measure, authorizes a pilot project at Alum Rock Union Elementary School District (ARUESD), located in Santa Clara County that allows the district to create a part-day pre-school subsidy plan to meet the particular needs of families in the school district until January 1, 2022.

ANALYSIS:

Existing law:

1. Establishes several programs providing subsidized child care and development services that service low-income families who are working, seeking work, in training, or providing community service. Existing law requires those programs to include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. These programs are administered by the California Department of Education (CDE) and require the Superintendent of Public Instruction (SPI) to adopt rules and regulations on eligibility, enrollment, family fees, provider rates, and priority services. (Education Code § 8235 and 8263)

2. Authorizes a pilot project in San Mateo County (since 2004) and San Francisco City and County (since 2006) that allows the counties to develop and implement an individualized county child care subsidy plan in recognition of the high-cost of living in those counties.

ANALYSIS

This bill:

1. Authorizes the ARUESD, located in Santa Clara County, to implement an individualized eligibility part-day preschool subsidy plan as a pilot project. Specifically it:

1. Requires the development of a plan that:

1. Bases participation on either eligibility for free or reduced meals, or foster youth status.

2. Authorizes admission of students up to the age of admission into first grade

2. Requires submission to, and approval of the plan by, the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the CDE.

3. Requires annual reports to the Legislature summarizing the success of the pilot project, with submission of a final report by December 31, 2022 to include recommendations regarding the continuance of the pilot as a permanent program.

4. Sunsets the pilot project by January 1, 2022 and thereafter reverts to current law regarding preschool eligibility.

2. Provides definitions for various terms for the purpose of this bill.

3. Specifies the unique circumstances of the school district, including a high level of children who live in poverty, that condition the need for a special law.

4. Specifies that additional state funds shall not be appropriated for purposes of implementing this article.

5. Makes the bill an urgency measure in order to remove the paperwork burden on families and agencies in time for the new school year.

Comments

1. Why ARUESD? According to the author, Alum Rock Union Elementary School District (ARUESD) located in San Jose, has one of the highest numbers of low income families and a high violence rate within the East of San Jose. As a result, academic performance among children and youth residing in the Alum Rock community has been impacted. For this reason, several of the anticipated outcomes for this pilot project include: effective transition of children between preschool and transitional Kindergarten through 8, parent and community engagement, decrease in use of the Juvenile Justice System competency in speaking and reading English while maintaining their home language, special education eligible children referred for services earlier and with a shorter need for intensive services. Additionally, the author asserts that the existing program presents administrative barriers that may discourage new families from participating in part-day preschool. This bill seeks to extend the hours of preschool and provide an efficient eligibility process for families.

Existing law has authorized two other Bay Area pilot projects in recognition of the high-cost of living in those counties. In addition to the high cost of living in Santa Clara County, this pilot project seeks to address unique issues relative to the high level of children who live in poverty, are English Language Learners and who are exposed to violence in the community.

2. Part-Day State Preschool. The California State Preschool Program – Part Day is a three-hour educational program for children ages three- and four- years of age that operates for a minimum of 3 hours daily for a minimum of 175 days per year. These programs are located at elementary schools and provide personalized learning experiences before children enter kindergarten.

Children are eligible for the program if the family currently receives aid, meets specified income eligibility requirements, is homeless, or if the child is the recipient of protective services, or has been identified as neglected, abused or exploited (or at risk of such). In addition, the family must have need of the child care services due to specified social service circumstances, employment training, or other specified needs.

3. Related Budget Action. The Budget Act of 2013 augmented funding for existing California State Preschool Program contracts, thereby allowing these contractors to provide additional services during fiscal year 2013-2014. This additional funding was included in the base funding for part-day preschool for fiscal year 2014-2015. According to the author, it is the intent that this pilot project will be funded within the existing resources provided to the district in the 2014-15 fiscal year.

Prior Legislation

AB 260 (Gordon, Chapter 731, Statutes of 2013) extends the individualized county child care subsidy pilot plans (pilot) for San Mateo County July 1, 2018 and San Francisco County July 1, 2016.

AB 1326 (Simitian, Chapter 691, Statutes of 2003) created a five-year child care subsidy pilot program in San Mateo County that permitted the county to revise their local child care system to meet the particular needs of San Mateo County residents.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee Fiscal Impact:

• Local costs: Absorbable within existing resources to implement the pilot program.

• Administrative costs: Minor and absorbable to the CDE related to contract monitoring and review of the pilot plan and reports.

• Cost pressure: Potential significant cost pressure to scale this pilot statewide which would result in changes in eligibility, allowing for self-certification of income eligibility and allowing children to participate in the program that are older than four years old.

SUPPORT: (Verified 5/28/15)

Early Edge California

First 5 Santa Clara County

Kidango

Local Early Education Planning Council

Santa Clara County Office of Education

OPPOSITION: (Verified 5/28/15)

None received

Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105

6/1/15 19:02:36

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 311 (Beall) - Child Care and Development Services Act: preschool: Alum Rock Union Elementary School District: pilot project

SUSPENSE FILE. AS AMENDED.

Bill Summary:

This bill, an urgency measure, authorizes a pilot project at Alum Rock Union Elementary School District (school district) which allows the district to create a part-day pre-school subsidy plan to meet the particular needs of families in the school district until January 1, 2022.

Fiscal Impact (as approved on May 28, 2015):

• Local costs: Absorbable within existing resources to implement the pilot program.

• Administrative costs: Minor and absorbable to the California Department of Education (CDE) related to contract monitoring and review of the pilot plan and reports.

• Cost pressure: Potential significant cost pressure to scale this pilot statewide which would result in changes in eligibility, allowing for self-certification of income eligibility and allowing children to participate in the program that are older than four years old.

• 
  Background:

Existing law establishes several programs providing subsidized child care and development services that service low-income families who are working, seeking work, in training, or providing community service. Existing law requires those programs to include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. These programs are administered by the CDE and require the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, family fees, provider rates, and priority services. (Education Code § 8235 and 8263)

The California State Preschool Program – Part Day is a three-hour educational program for children ages three- and four- years of age that operates for a minimum of 3 hours daily for a minimum of 175 days per year. These programs are located at elementary schools and provide personalized learning experiences before children enter kindergarten.

Children are eligible for the program if the family currently receives aid, meets specified income eligibility requirements, is homeless, or if the child is the recipient of protective services, or has been identified as neglected, abused or exploited (or at risk of such). In addition, the family must have need of the child care services due to specified social service circumstances, employment training, or other specified needs.

The Budget Act of 2013 augmented funding for existing California State Preschool Program contracts, thereby allowing these contractors to provide additional services during fiscal year 2013-2014. This additional funding was included in the base funding for part-day preschool for fiscal year 2014-2015. According to the author, it is the intent that this pilot project will be funded within the existing resources provided to the district in the 2014-15 fiscal year.

Proposed Law:

This urgency measure establishes a pilot project with the Alum Rock Union Elementary School District. This district may develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district, until January 1, 2022.

Before implementing the plan, the school district, in consultation with any preschool program and the Santa Clara Office of Education, include eligibility for participation in the preschool program based on: (1) the child’s eligibility for free or reduced-priced meals; and (2) whether the child is a foster youth, as defined. In addition, this bill allows children up to the age of admission into first grade to be allowed to participate in the preschool program. These eligibility requirements would supersede those established in current law.

The plan must be submitted to and approved by the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the CDE. Upon approval, the school district, the Santa Clara Office of Education, and First 5 Santa Clara must submit a final report to the Legislature and CDE, by December 31, 2022 that provides recommendations as to whether the pilot project should continue as a permanent program.

This bill states that it will prevent needless hours and paperwork to certify eligibility. Further, it states that in order to eliminate the barriers for families to access state preschool and to remove the paperwork burden on families and agencies in time for the new school year, it is necessary that this act take effect immediately. By connecting eligibility to coincide with students that are eligible for free or reduced priced meals, the school district will be able to self-certify income eligibility and avoid procedures required in current law to confirm income eligibility.

Related Legislation:

1. AB 260 (Gordon, CH. 731, 2013) extends the individualized county child care subsidy pilot plans for San Mateo County to July 1, 2018 and San Francisco County to July 1, 2016.

AB 1326 (Simitian, CH. 691, 2003) created a five-year child care subsidy pilot program in San Mateo County that permitted the county to revise its local child care system to meet the particular needs of San Mateo County residents.

Author Amendments (as adopted on May 28, 2015): Amendment requires that implementation of the pilot program does not result in additional state funding.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 311 (Beall) - Child Care and Development Services Act: preschool: Alum Rock Union Elementary School District: pilot project

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill, an urgency measure, authorizes a pilot project at Alum Rock Union Elementary School District (school district) which allows the district to create a part-day pre-school subsidy plan to meet the particular needs of families in the school district until January 1, 2022.

Fiscal Impact:

• Expanded eligibility: This bill results in expanded eligibility for the school district’s part-day preschool by allowing for self-certification of income eligibility and allowing for children to participate in the program that are older than four years old. In addition, there is no requirement in the bill for the school district to use existing funds. Therefore, this bill could result in potentially significant costs to the state. For example, a 1 percent increase in the state’s contract with the sponsoring provider would be about $138,000.

• Administrative costs: this bill creates costs to develop an eligibility part-day preschool subsidy plan and also includes a reporting requirement to the Legislature and the department regarding the progress and future of the pilot program.

• Cost pressure: Potential significant cost pressure to scale this pilot statewide.

• 
  Background:

Existing law establishes several programs providing subsidized child care and development services that service low-income families who are working, seeking work, in training, or providing community service. Existing law requires those programs to include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. These programs are administered by the California Department of Education (CDE) and require the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, family fees, provider rates, and priority services. (Education Code § 8235 and 8263)

The California State Preschool Program – Part Day is a three-hour educational program for children ages three- and four- years of age that operates for a minimum of 3 hours daily for a minimum of 175 days per year. These programs are located at elementary schools and provide personalized learning experiences before children enter kindergarten.

Children are eligible for the program if the family currently receives aid, meets specified income eligibility requirements, is homeless, or if the child is the recipient of protective services, or has been identified as neglected, abused or exploited (or at risk of such). In addition, the family must have need of the child care services due to specified social service circumstances, employment training, or other specified needs.

The Budget Act of 2013 augmented funding for existing California State Preschool Program contracts, thereby allowing these contractors to provide additional services during fiscal year 2013-2014. This additional funding was included in the base funding for part-day preschool for fiscal year 2014-2015. According to the author, it is the intent that this pilot project will be funded within the existing resources provided to the district in the 2014-15 fiscal year.

Proposed Law:

This urgency measure establishes a pilot project with the Alum Rock Union Elementary School District. This district may develop and implement an individualized eligibility part-day preschool subsidy plan for children residing in the school district, until January 1, 2022.

Before implementing the plan, the school district, in consultation with any preschool program and the Santa Clara Office of Education, include eligibility for participation in the preschool program based on: (1) the child’s eligibility for free or reduced-priced meals; and (2) whether the child is a foster youth, as defined. In addition, this bill allows children up to the age of admission into first grade to be allowed to participate in the preschool program. These eligibility requirements would supersede those established in current law.

The plan must be submitted to and approved by the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the CDE. Upon approval, the school district, the Santa Clara Office of Education, and First 5 Santa Clara must submit a final report to the Legislature and CDE, by December 31, 2022 that provides recommendations as to whether the pilot project should continue as a permanent program.

This bill states that it will prevent needless hours and paperwork to certify eligibility. Further, it states that in order to eliminate the barriers for families to access state preschool and to remove the paperwork burden on families and agencies in time for the new school year, it is necessary that this act take effect immediately. By connecting eligibility to coincide with students that are eligible for free or reduced priced meals, the school district will be able to self-certify income eligibility and avoid procedures required in current law to confirm income eligibility.

Related Legislation:

1. AB 260 (Gordon, CH. 731, 2013) extends the individualized county child care subsidy pilot plans for San Mateo County to July 1, 2018 and San Francisco County to July 1, 2016.

AB 1326 (Simitian, CH. 691, 2003) created a five-year child care subsidy pilot program in San Mateo County that permitted the county to revise its local child care system to meet the particular needs of San Mateo County residents.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 311

Subject: Child Care and Development Services Act: preschool: Alum Rock Union …………..Elementary School District: pilot project

SUMMARY

This bill, an urgency measure, authorizes a pilot project at Alum Rock Union Elementary School District (ARUESD), located in Santa Clara County, that allows the district to create a part-day pre-school subsidy plan to meet the particular needs of families in the school district until January 1, 2022.

BACKGROUND

Existing law establishes several programs providing subsidized child care and development services that service low-income families who are working, seeking work, in training, or providing community service. Existing law requires those programs to include, but not be limited to, part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. These programs are administered by the California Department of Education (CDE) and require the Superintendent of Public Instruction (SPI) to adopt rules and regulations on eligibility, enrollment, family fees, provider rates, and priority services.

(Education Code § 8235 and 8263)

Existing law authorizes a pilot project in San Mateo County (since 2004) and San Francisco City and County (since 2006) that allows the counties to develop and implement an individualized county child care subsidy plan in recognition of the high-cost of living in those counties.

ANALYSIS

This bill:

1. Authorizes the ARUESD, located in Santa Clara County, to implement an individualized eligibility part-day preschool subsidy plan as a pilot project. Specifically it:

1. Requires the development of a plan that:

1. Bases participation on either eligibility for free or reduced meals, or foster youth status.

2. Authorizes admission of students up to the age of admission into first grade

2. Requires submission to, and approval of the plan by, the Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the Department of Education.

3. Requires annual reports to the Legislature summarizing the success of the pilot project, with submission of a final report by December 31, 2022 to include recommendations regarding the continuance of the pilot as a permanent program.

4. Sunsets the pilot project by January 1, 2022 and thereafter reverts to current law regarding preschool eligibility.

2. Provides definitions for various terms for the purpose of this bill.

3. Specifies the unique circumstances of the school district, including a high level of children who live in poverty, that condition the need for a special law.

4. Makes the bill an urgency measure in order to remove the paperwork burden on families and agencies in time for the new school year.

STAFF COMMENTS

1. Why ARUESD? According to the author, Alum Rock Union Elementary School District (ARUESD) located in San Jose, has one of the highest numbers of low income families and a high violence rate within the East of San Jose. As a result, academic performance among children and youth residing in the Alum Rock community has been impacted. For this reason, several of the anticipated outcomes for this pilot project include: effective transition of children between preschool and transitional Kindergarten through 8, parent and community engagement, decrease in use of the Juvenile Justice System competency in speaking and reading English while maintaining their home language, special education eligible children referred for services earlier and with a shorter need for intensive services. Additionally, the author asserts that the existing program presents administrative barriers that may discourage new families from participating in part-day preschool. This bill seeks to extend the hours of preschool and provide an efficient eligibility process for families.

Existing law has authorized two other Bay Area pilot projects in recognition of the high-cost of living in those counties. In addition to the high cost of living in Santa Clara County, this pilot project seeks to address unique issues relative to the high level of children who live in poverty, are English Language Learners and who are exposed to violence in the community.

2. Part-Day State Preschool. The California State Preschool Program – Part Day is a three-hour educational program for children ages three- and four- years of age that operates for a minimum of 3 hours daily for a minimum of 175 days per year. These programs are located at elementary schools and provide personalized learning experiences before children enter kindergarten.

Children are eligible for the program if the family currently receives aid, meets specified income eligibility requirements, is homeless, or if the child is the recipient of protective services, or has been identified as neglected, abused or exploited (or at risk of such). In addition, the family must have need of the child care services due to specified social service circumstances, employment training, or other specified needs.

3. Related Budget Action. The Budget Act of 2013 augmented funding for existing California State Preschool Program contracts, thereby allowing these contractors to provide additional services during fiscal year 2013-2014. This additional funding was included in the base funding for part-day preschool for fiscal year 2014-2015. According to the author, it is the intent that this pilot project will be funded within the existing resources provided to the district in the 2014-15 fiscal year.

4. Related and prior legislation.

PRIOR LEGISLATION

AB 260 (Gordon, CH. 731, 2013) extends the individualized county child care subsidy pilot plans (pilot) for San Mateo County July 1, 2018 and San Francisco County July 1, 2016.

AB 1326 (Simitian, CH. 691, 2003) created a five-year child care subsidy pilot program in San Mateo County that permitted the county to revise their local child care system to meet the particular needs of San Mateo County residents.

SUPPORT

Alum Rock Union Elementary School District

First 5 Santa Clara County

Kidango

PTA Adelante Dual Language Academy

Santa Clara County Office of Education

Numerous individuals

OPPOSITION

None received.

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