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

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Revised  May 25, 2018
Amended  IN  Assembly  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2292

Introduced by Assembly Member Aguiar-Curry
(Coauthors: Assembly Members Burke, Cervantes, Eggman, Quirk-Silva, Rubio, Waldron, and Gonzalez Fletcher)
(Coauthor: Senator Leyva)

February 13, 2018

An act to amend Section 8265.5 of, and to add Section 8278.4 8215.5 to, and to add Article 23.5 (commencing with Section 8492) to Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, relating to child care services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2292, as amended, Aguiar-Curry. Child care: reimbursement rates: start-up startup costs: grants.
Existing law, the Child Care and Development Services Act, establishes a system of child care and development services for children up to 13 years of age, and requires the Superintendent of Public Instruction to implement a plan establishing assigned reimbursement rates, per unit of average daily enrollment, to be paid by the state to provider agencies for the provision of those services. Existing law also provides for an adjustment factor to be applied to units of average daily enrollment if a provider agency serves children who meet specified criteria. Existing law provides adjustment factors for infants who are 0 to 18 months of age, and toddlers who are 18 to 36 months of age, and are served in a child day care center, and for infants and toddlers who are 0 to 36 months of age and are served in a family child care home.
This bill would increase the adjustment factor for infants who are 0 to 18 months of age, age and toddlers who are 18 to 36 months of age, and are served in a child day care center, and for infants and toddlers who are 0 to 36 months of age and are served in a family child care home. age, would provide that these adjustment factors apply without regard to the kind of facility that the infant or toddler is served by, and would make conforming changes.
The bill would establish the Early Education Expansion Program for the purpose of increasing access to inclusive early care and education programs and increasing early learning infrastructure capacity in high-need communities. The bill would require the State Department of Education to award grants on a competitive basis, and would require a grant to be used for one-time infrastructure costs only. The bill would require an applicant to include specified information in its application.
The bill would also establish the Early Education Expansion Program for Local Educational Agencies. The bill would require the department to award grants on a competitive basis, and would require the department’s Special Education Division and Early Education and Support Division to provide guidance to local educational agencies on serving young children with exceptional needs in the least restrictive environment. The bill would require a grant to be used for one-time infrastructure costs only. The bill would require an applicant to include specified information in its application.

The act establishes the Child Care Facilities Revolving Fund in the State Treasury to provide funding for loans for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services, and for the purchase of new relocatable child care facilities for lease to local educational agencies and contracting agencies that provide child care and development services.

This bill would establish in the State Department of Education the Classroom Planning and Implementation Grant Program, to be administered by the Superintendent, in order to reflect the additional start-up costs of opening new general child care and development centers and California state preschool program classrooms or converting existing classrooms to serve a different child age group, as provided. The bill would require the Superintendent to award grants, as provided, upon appropriation by the Legislature.

The act establishes the California Child Care Initiative Project and provides that the objective of the project is to increase the availability of quality child care programs in the state.
This bill would establish in the department the Family Child Care Recruitment and Training Program of 2018, to be administered by the Superintendent, to support the recruitment and training of a new generation of licensed family child care providers. The bill would require the program to provide resources pursuant to the California Child Care Initiative Project as well as startup costs and resources to new family child care providers, among other things, upon appropriation by the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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 our eligible babies and toddlers, toddlers in the state, which creates a crisis for working new parents, their families, and our 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 our high-quality child care programs across the state, through adequate per-child funding, classroom infrastructure development, licensing start-up support, startup support for center-based and licensed family child care, and increased child access to child care. 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 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) The 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.
(1) For infants who are 0 to 18 months of age and are served in a child day care center, age, the adjustment factor shall be 2.1. 2.44.
(2) For toddlers who are 18 to 36 months of age and are served in a child day care center, age, the adjustment factor shall be 1.7. 1.83.

(3)For infants and toddlers who are 0 to 36 months of age and are served in a family child care home, the adjustment factor shall be 1.7.

(4)

(3) For children with exceptional needs who are 0 to 21 years of age, the adjustment factor shall be 1.2.

(5)

(4) For severely disabled children who are 0 to 21 years of age, the adjustment factor shall be 1.5.

(6)

(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.

(7)

(6) For limited-English-speaking and non-English-speaking children who are 2 years of age through kindergarten age, the adjustment factor shall be 1.1.
(c) Use of the adjustment factors shall not increase the provider agency’s total annual allocation.
(d) Days of enrollment for children having more than one of the criteria outlined in paragraphs (1) to (7), inclusive, of subdivision (b) shall not be reported under more than one of the above categories.
(e) The difference between the reimbursement resulting from the use of the adjustment factors outlined in 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. 3.Section 8278.4 is added to the Education Code, to read:
8278.4.

(a)In order to reflect the additional start-up costs of opening new general child care and development centers and California state preschool program classrooms or converting existing classrooms to serve a different child age group there is hereby established in the department the Classroom Planning and Implementation Grant Program, to be administered by the Superintendent.

(b)Applicant or contracting agencies funded pursuant to this chapter, or seeking a contract pursuant to this chapter, may apply to the Superintendent for a Classroom Planning and Implementation grant that is up to 25 percent of the contractor’s annual contract amount or proposed annual contract amount for child care and development facility renovation, classroom furnishings and equipment, instructional materials, staff recruitment, staff training and professional development costs, and other start-up costs.

(c)Upon an appropriation by the Legislature for these purposes, the Superintendent shall award Classroom Planning and Implementation grants as provided pursuant to this section.

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.

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REVISIONS:
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