Today's Law As Amended

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AB-2292 Child care: reimbursement rates: startup costs: grants.(2017-2018)



SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) The first three years of each child’s life is the foundation for a successful and healthy future.
(2) California is able to offer affordable child care to less than 14 percent of eligible babies and toddlers in the state, which creates a crisis for working new parents, their families, and the state’s businesses.
(3) Increasing the state’s capacity for infant and toddler child care will require four foundational and distinct supports in increased per-child funding rate capacity, classroom infrastructure capacity, licensing capacity, and service capacity.
(b) It is the intent of the Legislature to increase California’s capacity to serve babies and toddlers in high-quality child care programs across the state, through adequate per-child funding, classroom infrastructure development, licensing startup support for center-based and licensed family child care, and increased child access to child care in all settings to meet the needs of working families.

SEC. 2.

 Section 8215.5 is added to the Education Code, to read:

8215.5.
 In order to support the recruitment and training of a new generation of licensed family child care providers, there is hereby established in the department the Family Child Care Recruitment and Training Program of 2018, to be administered by the Superintendent. Upon appropriation by the Legislature for these purposes, the program shall provide resources pursuant to Section 8215, conduct outreach, recruitment, and business training, and provide startup costs and resources to new family child care providers in the state.

SEC. 2.SEC. 3.

 Section 8265.5 of the Education Code is amended to read:

8265.5.
 (a) In order to reflect the additional expense of serving children who meet any of the criteria outlined in subdivision (c), paragraphs (1) to (7), inclusive, of subdivision (b)  the provider agency’s reported child days of enrollment for these children shall be multiplied by the adjustment factors listed below.
(b) (1) The  Except as provided in paragraph (2), the adjustment factors described in subdivision (c)   adjustment factors  shall apply to a full-day  state preschool program and those programs for which assigned reimbursement rates are at or below the standard reimbursement rate. In addition, the adjustment factors shall apply to those programs for which assigned reimbursement rates are above the standard reimbursement rate, but the reimbursement rate, as adjusted, shall not exceed the adjusted standard reimbursement rate. The adjustment factors shall apply to those full-day  state preschool programs for which assigned reimbursement rates are above the full-day  state preschool reimbursement rate, but the reimbursement rate, as adjusted, shall not exceed the adjusted full-day  state preschool reimbursement rate.
(2) The adjustment factors described in paragraphs (5) and (6) of subdivision (c) shall apply only for full-day preschool programs and those part-day preschool programs for which assigned reimbursement rates are at or below the standard reimbursement rate.
(c) Notwithstanding any other law, commencing January 1, 2019, the adjustment factors shall be as follows:
(1) For infants who are 0 to 18 months of age and are served in a child daycare center or a family childcare home,  age,  the adjustment factor shall be 2.44.
(2) For toddlers who are 18 to 36 months of age and are served in a child daycare center or a family childcare home,  age,  the adjustment factor shall be 1.8. 1.83. 
(3) For children with exceptional needs who are 0 to 21 years of age, the adjustment factor shall be 1.54. 1.2. 
(4) For severely disabled children who are 0 to 21 years of age, the adjustment factor shall be 1.93. 1.5. 
(5) For children at risk of neglect, abuse, or exploitation who are 0 to 14 years of age, the adjustment factor shall be 1.1.
(6) For limited-English-speaking and non-English-speaking children who are two 2  years of age through kindergarten age, the adjustment factor shall be 1.1.
(7) For children who are served in a California state preschool program, infants and toddlers who are 0 to 36 months of age and are served in general childcare and development programs, or children who are 0 to 5 years of age and are served in a family childcare home education network setting funded by a general childcare and development program, where early childhood mental health consultation services are provided, pursuant to Section 8265.2, the adjustment factor shall be 1.05.
(d) (c)  Use of the adjustment factors shall not increase the provider agency’s total annual allocation.
(e) (d)  (1)  Days of enrollment for children who meet  having  more than one of the criteria outlined in paragraphs (1) to (6), (7),  inclusive, of subdivision (c) (b)  shall not be reported under more than one of the categories specified in those paragraphs. above categories. 
(2) Notwithstanding paragraph (1), for children for whom an adjustment factor is applied pursuant to any of paragraphs (1) to (6), inclusive, of subdivision (c), and who are additionally eligible for the adjustment factor established in paragraph (7) of subdivision (c), reported child days of enrollment shall be multiplied by the sum of the applicable adjustment factor under paragraphs (1) to (6), inclusive, of subdivision (c) and 0.05.
(f) (e)  The difference between the reimbursement resulting from the use of the adjustment factors outlined in subdivision (c) paragraphs (1) to (7), inclusive, of subdivision (b)  and the reimbursement that would otherwise be received by a provider in the absence of the adjustment factors shall be used for special and appropriate services for each child for whom an adjustment factor is claimed.

SEC. 4.

 Article 23.5 (commencing with Section 8492) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:

Article  23.5. Early Education Expansion
8492.
 (a) The Legislature finds and declares all of the following:
(1) Increasing the state’s capacity for high-quality early care and education will require increased classroom infrastructure capacity, including staff development, equipment, curricula, and facility development.
(2) All young children benefit from, and should have access to, inclusive and high-quality early care and education programs, and should be provided with individualized and appropriate supports to enable them to meet high expectations.
(3) Inclusive early care and education programs can improve a child’s developmental progress and educational outcomes, especially for children with exceptional needs.
(4) Interventions provided to children with exceptional needs, including children who are at risk of requiring services for pupils with exceptional needs, can be more effective when a child is younger.
(5) Access to high-quality inclusive early care and education programs benefits communities and families, especially when programs are coordinated with public elementary and secondary education systems to create a developmental and educational continuum of support.
(6) Early childhood inclusion embodies the values, policies, and practices that support the right of every infant and young child, and his or her family, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities, and their families, include a sense of belonging and membership, positive social relationships and friendships, and development and learning to reach their full potential. The defining features of inclusion that can be used to identify high-quality early childhood programs and services are access, participation, and supports.
(b) The Early Education Expansion Program is hereby established for purposes of increasing access to inclusive early care and education programs and increasing early learning infrastructure capacity in high-need communities.
(c) The department shall use funds that are appropriated in the annual Budget Act or another statute for purposes of this section in accordance with this section. Notwithstanding any other law, funds shall be available for encumbrance until June 30, 2023.
(d) At a minimum, an applicant shall include all of the following information in its application:
(1) A proposal to increase access to subsidized inclusive early care and education programs for children up to five years of age, or subsidized infant and toddler early care and education programs, in low-income and high-need communities. “High-need” shall be defined pursuant to the county child care needs assessment specified in Section 8499.5. The proposal shall quantify the number of additional subsidized children proposed to be served and the number of children with exceptional needs intended to be served initially, if applicable.
(2) A plan to fill and sustain subsidized spaces or programs created by grant funds beyond the grant period. Subsidies may be funded with private, local, state, or federal funds, but shall be able to demonstrate a reasonable expectation of sustainability.
(3) The inclusion of a set-aside of resources to invest in professional development, including, but not limited to, professional development to allow staff to develop the knowledge and skills required to implement effective and age-appropriate inclusive practices.
(e) Grants shall be awarded on a competitive basis. Priority shall be given to applicants with a demonstrated need for expanded access to inclusive early care and education or infant and toddler care, as well as applicants that represent a consortium of local partners.
(f) Grants shall be used for one-time infrastructure costs only, including, but not limited to, adaptive and age-appropriate facility renovations or new construction, adaptive and age-appropriate equipment, staff recruitment, and professional development. Funds shall not be used for ongoing expenditures.
(g) Expenditures shall comply with Subchapter IV (commencing with Section 601) of Chapter 7 of Title 42 of the United States Code.
(h) A grant recipient shall commit to provide program data, as specified by the department, as a condition of the receipt of grant funding.
8492.1.
 (a) The Early Education Expansion Program for Local Educational Agencies is hereby established for the purpose of increasing access to inclusive early care and education programs and increasing early learning infrastructure capacity in high-need communities.
(b) The department shall use funds that are appropriated in the annual Budget Act or another statute for purposes of this section in accordance with this section. Notwithstanding any other law, funds shall be available for encumbrance until June 30, 2023.
(c) The department’s Special Education Division and Early Education and Support Division shall provide guidance to local educational agencies on serving young children with exceptional needs in the least restrictive environment, as required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(d) At a minimum, an applicant shall be a local educational agency and shall include all of the following information in its grant application:
(1) A proposal to increase access to subsidized inclusive early care and education programs for children up to five years of age, or subsidized infant and toddler early care and education programs, in low-income and high-need communities. “High-need” shall be defined pursuant to the county child care needs assessment specified in Section 8499.5. The proposal shall quantify the number of additional subsidized children proposed to be served.
(2) A plan to fill and sustain subsidized programs created by grant funds beyond the grant period. Subsidies may be funded with private, local, state, or federal funds, but shall be able to demonstrate a reasonable expectation of sustainability.
(3) The identification of resources necessary to support lead agency professional development, including, but not limited to, professional development to allow staff to develop the knowledge and skills required to implement effective inclusive and age-appropriate practices, and fiscal sustainability.
(e) Nothing in this section shall prohibit a local educational agency from applying on behalf of a consortium of providers within the local educational agency’s program area, including agencies that will provide inclusive early care and education programs on behalf of the applicant.
(f) Grants shall be awarded on a competitive basis. Priority shall be given to applicants with a demonstrated need for expanded access to inclusive early care and education that demonstrate a commitment to serving a specified number of additional children with exceptional needs or children in infant and toddler early care and education programs, applicants in low-income communities, and applicants that represent a consortium of local partners. Priority shall also be given to local educational agencies that, through their applications, demonstrate collaboration between special education and early education staff and that commit to serving a higher proportion of children with exceptional needs in least restrictive early education environments, if applicable.
(g) Grants may be used for one-time infrastructure costs only, including, but not limited to, adaptive and age-appropriate facility renovations or new construction, adaptive and age-appropriate equipment, staff recruitment, and professional development. Funds shall not be used for ongoing expenditures.
(h) A grant recipient shall commit to provide program data, as specified by the department, as a condition of the receipt of grant funding.