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AB-1001 Child care: strategic planning councils.(2019-2020)

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Date Published: 07/03/2019 09:00 PM
AB1001:v95#DOCUMENT

Amended  IN  Senate  July 03, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 30, 2019
Amended  IN  Assembly  April 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1001


Introduced by Assembly Member Ting
(Coauthor: Assembly Member Mullin)

February 21, 2019


An act to amend Sections 8277.6, 8279.3, 8286, 8332.3, 8335.3, 8358, 8359, 8499, 8499.3, 8499.5, and 8499.7 of, and to add Section 8499.6 to, the Education Code, relating to child care.


LEGISLATIVE COUNSEL'S DIGEST


AB 1001, as amended, Ting. Child care: strategic planning councils.
Existing law requires the county board of supervisors and the county superintendent of schools to select members for the local child care and development planning council, known as a local planning council, for that county. Existing law provides requirements for the makeup of a local planning council. Existing law requires a local planning council, by May 30 of each year, and upon approval by the county board of supervisors and the county superintendent of schools, to submit to the State Department of Education the local priorities it has identified that reflect all child care needs in the county, and requires the local planning council, in order to identify those local priorities, to do certain things, including, among others, encourage public input in the development of the priorities, collaborate with specified entities to foster partnerships designed to meet local child care needs, and conduct an assessment of child care needs in the county at least once every 5 years. Existing law defines “child care” for purposes of these provisions to mean all licensed child care and development services and license-exempt child care for all children up to and including 12 years of age, as provided.
This bill would rename “local planning council” to “strategic planning council” and would revise the definition of “child care” to include early childhood education services. The bill would revise the makeup requirements for strategic planning councils, as provided. The bill would authorize a county board of supervisors and a county superintendent of schools to merge the strategic planning council with the Quality Rating and Improvement System local consortia or with another strategic planning council in a contiguous county under certain conditions, as provided. The bill would repeal all of the requirements imposed on strategic planning councils in order for the strategic planning council to identify local priorities, except those listed above, as provided. The bill would require the needs assessment to be due by May 30 of each year in which it is due, and would require a strategic planning council, beginning in 2021, to use the needs assessment template developed by the department in collaboration with the strategic planning councils. The bill would require specified state and local entities to provide to the department the information necessary for a strategic planning council to complete the needs assessment, and would require the department to share data and information necessary to complete the needs assessment with strategic planning councils and counties implementing individualized county child care subsidy plans.
The bill would require a strategic planning council, on or before March 30, 2021, and every 3 years thereafter, to develop and submit to the county board of supervisors and the county board of education a strategic plan and investment priorities, and would require the strategic plan to address facility needs, workforce needs, family access, and quality and transition planning, as provided. The bill would require the county board of supervisors and the county board of education to hold public hearings on the proposed strategic plan and investment priorities at a regularly scheduled meeting. The bill would require a strategic planning council, at least twice each year, to convene a forum for stakeholders to provide input to and receive updates from the Quality Rating and Improvement System local consortium. The bill would require a strategic planning council to work with the county office of education, special education local plan areas, and the school districts and regional centers in the county to facilitate the transition of children with exceptional needs into the K–12 system. By imposing new duties on strategic planning councils, the bill would impose a state-mandated local program. The bill would provide that the operation of these provisions is contingent upon an appropriation in the annual Budget Act for these purposes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 8277.6 of the Education Code is amended to read:

8277.6.
 (a) Notwithstanding Section 89, for purposes of this section “department” means the Department of Housing and Community Development.
(b) The department shall administer the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund. The department may administer the funds directly, through interagency agreements with other state agencies, through contracts with public or private entities, or through any combination thereof. If the department determines that a public or private entity is capable of making child care and development facilities loans or loan guarantees, the department may delegate the authority to review and approve those loans or guarantees to the public or private entity. The department is authorized to enter into interagency agreements to carry out the purposes of this section and Section 8277.5 by using the services of small business financial development corporations established pursuant to Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code. Toward this end, the department is authorized to transfer funds from the Child Care and Development Facilities Direct Loan Fund to the California Economic Development Grant and Loan Fund established by Section 15327 of the Government Code and to transfer funds from the Child Care and Development Facilities Loan Guaranty Fund to the California Small Business Expansion Fund established by Section 63089.5 of the Government Code. Those funds shall be deposited into a Child Care Direct Loan Fund Account and a Child Care Loan Guaranty Fund Account hereby established in the respective funds. Notwithstanding anything to the contrary in Chapter 1 (commencing with Section 15310) of Part 6.7 of Division 3 of Title 2 of the Government Code and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code, the funds in these accounts shall be administered in compliance with the requirements of this section and Section 8277.5.
(c) Eligible applicants for the loan guaranty program and the direct loan program shall include, but not be limited to, sole proprietorships, partnerships, proprietary and nonprofit corporations, and local public agencies that are responsible for contracting with or providing licensed child care and development services. Eligible facilities shall include licensed full-day and part-day child care and development facilities and licensed large family daycare homes as described in Section 1597.465 of the Health and Safety Code, and licensed small family daycare homes as described in Section 1597.44 of the Health and Safety Code.
(d) Loan guarantees and direct loans for family child care homes shall not be made for the purpose of purchasing a home or any real property.
(e) The State Department of Education shall provide input regarding program priorities that shall be considered in the funding of applications by the department. These priorities shall include, but are not limited to, the following:
(1) Geographic priorities based on the extent of need for child care and development supply-building efforts in different parts of the state.
(A) Not less than 30 percent of the loan guarantee and direct loan obligations shall benefit providers located in rural areas, as defined in subparagraph (B). If the amount of qualified applications from rural providers is insufficient to satisfy this requirement, the excess capacity reserved for rural providers may be made available to other qualified applications according to the policies and procedures of the department. The remaining 70 percent of funds shall be available to rural or urban areas and other priorities in accordance with this subdivision.
(B) For purposes of subdivision (a), rural communities are defined by any county with fewer than 400 residents per square mile.
(2) Age priorities based on the extent of need for child care and development supply-building efforts for children of different age groups.
(3) Income priorities shall include families transitioning to work or other lower income families. For purposes of this section, “lower income” shall have the same meaning as “income eligible” as set forth in Section 8263.1.
(4) Program priorities based on the extent of facilities needs among specific kinds of providers, including those that contract to administer state and federally funded child care and development programs administered by the State Department of Education, providers who have lost classrooms due to class size reduction or other state or local initiatives, or providers that need to expand to meet the needs of a child care initiative for recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program.
(f) The program priorities shall reflect input from representatives of diverse sectors of the child care and development field, financial institutions, strategic planning councils, the Child Development Programs Advisory Committee, and the State Department of Social Services for purposes of identifying communities with high percentages of recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program, who need child care to meet work requirements. As part of its annual report to the Legislature, required pursuant to Section 50408 of the Health and Safety Code, the department shall assess and report, after consultation with the State Department of Education, on the performance, effectiveness, and fiscal standing of the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund. The report shall include information on the number of defaults, the types of facilities in default, and a review of the adequacy of the set-aside for rural areas specified in paragraph (1) of subdivision (e).
(g) The department shall adopt regulations and establish priorities, forms, policies, and procedures for implementing and managing the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund and making the loan guarantees and direct loans authorized hereunder consistent with priorities provided by the State Department of Education. To the extent feasible, the department shall use applicant fees and points to cover its administrative costs. The department may use an amount of money from the Child Care and Development Facilities Loan Guaranty Fund and the Child Care and Development Facilities Direct Loan Fund, as appropriate, for reasonable administrative costs in any given fiscal year. Unless an appropriation for administrative costs is made in the annual Budget Act that exceeds the following limits, administrative expenditures shall not exceed 3 percent of the amount appropriated to each fund in the Budget Act of 1997.
(h) (1) The department shall adopt regulations to efficiently and effectively implement the microenterprise loan program described in this subdivision, including, but not limited to, the following:
(A) Making loans available from the Child Care and Development Facilities Direct Loan Fund to local microenterprise loan funds and other lenders who may relend the funds in appropriate amounts to eligible small family daycare home providers described in Section 1597.44 of the Health and Safety Code, large family daycare home providers described in Section 1597.465 of the Health and Safety Code, and licensed child care and development facilities that serve up to 35 children.
(B) Authorizing a specified amount of guarantees of small loans by local microenterprise loan funds and other lenders serving eligible small family daycare home providers described in Section 1597.44 of the Health and Safety Code, large family daycare home providers described in Section 1597.465 of the Health and Safety Code, and licensed child care and development facilities that serve up to 35 children.
(2) Notwithstanding anything to the contrary in this section or Section 8277.5, a loan made pursuant to this subdivision shall not be made for less than five thousand dollars ($5,000) or for more than fifty thousand dollars ($50,000) and shall not be subject to the 75-percent investment restriction contained in paragraph (2) of subdivision (e) of Section 8277.5.
(i) The department may adopt regulations for the purposes of this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. Notwithstanding subdivision (e) of Section 11346.1, any regulation adopted pursuant to this section shall not remain in effect for more than 180 days unless the department complies with all provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code.

SEC. 2.

 Section 8279.3 of the Education Code is amended to read:

8279.3.
 (a) The department shall disburse augmentations to the base allocation for the expansion of child care and development programs to promote equal access to child development services across the state.
(b) The Superintendent shall use the formula developed pursuant to subdivision (c) and the priorities identified by strategic planning councils, unless those priorities do not meet the requirements of state or federal law, as a guide in disbursing augmentations pursuant to subdivision (a).
(c) The Superintendent shall develop a formula for prioritizing the disbursement of augmentations pursuant to this section. The formula shall give priority to allocating funds to underserved areas. The Superintendent shall develop the formula by using the definition of “underserved area” in subdivision (ag) of Section 8208 and direct impact indicators of need for child care and development services in the county or subcounty areas. For purposes of this section, “subcounty areas” include, but are not limited to, school districts, census tracts, or ZIP Code areas that are deemed by the Superintendent to be most appropriate to the type of program receiving an augmentation. Direct impact indicators of need may include, but are not limited to, the teenage pregnancy rate, the unemployment rate, area household income, or the number or percentage of families receiving public assistance, eligible for Medi-Cal, or eligible for free or reduced-price school meals, and any unique characteristics of the population served by the type of program receiving an augmentation.
(d) To promote equal access to services, the Superintendent shall include in guidelines developed for use by strategic planning councils pursuant to paragraph (3) of subdivision (c) of Section 8499.5 guidance on identifying underserved areas and populations within counties. This guidance shall include reference to the direct impact indicators of need described in subdivision (c).

SEC. 3.

 Section 8286 of the Education Code is amended to read:

8286.
 (a) The Governor shall appoint an advisory committee composed of one representative from the state board, one representative of private education, one representative of child welfare, one representative of private health care, two representatives of proprietary child care agencies, one representative of a community action agency qualified under Title II of the federal Economic Opportunity Act of 1964, two representatives of family daycare homes, one representative of a child care provider exempt from licensure, five parents of children participating in child care programs of whom at least three shall be parents of children participating in publicly subsidized child development programs, and one shall be a parent of a child receiving care from a child care provider exempt from licensure, appointed from names selected by a democratic process to ensure representation of the parents of children being served, four persons representing professional or civic groups or public or nonprofit private agencies, organizations or groups concerned with child development, one person who administers a public school child care program, one person who administers a county office of education schoolage child care program, and one teacher currently serving in a public school children’s center.
(b) The advisory committee also shall include one representative from the department appointed by the Superintendent, and one representative each from the Employment Development Department, the State Department of Social Services, the State Department of Health Care Services, and the State Department of Developmental Services, appointed by the respective director of each department.
(c) The advisory committee shall assist the department in developing a state plan for child development programs pursuant to this chapter.
(d) The advisory committee shall provide ongoing coordination and communication to strategic planning councils to facilitate activities and provide technical assistance as needed.
(e) The advisory committee shall continually evaluate the effectiveness of those programs and shall report thereon at each regular session of the Legislature.
(f) The advisory committee shall assist in and coordinate the drafting of guidelines for strategic planning councils pursuant to Chapter 2.3 (commencing with Section 8499). The advisory committee shall request state and local agencies to submit suggested guidelines. The final guidelines shall be drafted and adopted by the committee, in consultation with local child care agencies, strategic planning councils, the department, and the State Department of Social Services. The guidelines shall include, but not be limited to, provisions for assessing child care supply, demand, cost, and facility needs, in terms of age, family income level, special needs, and multilingual and multicultural backgrounds. Guidelines developed for programs administered by the department shall be concurred in by the department.

SEC. 4.

 Section 8332.3 of the Education Code is amended to read:

8332.3.
 (a) (1) The plan shall be submitted to the strategic planning council, as defined in Section 8499, for approval. Upon approval of the plan by the strategic planning council, the board of supervisors of the county shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the department for review.
(2) Initial proposed rate changes not included in the plan shall be approved by the board of supervisors of the county before final approval of the plan by the department.
(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. If the plan includes stage one child care services, the plan shall also be submitted to the State Department of Social Services for review only.
(c) Plan modifications, including subsequent rate changes, shall be submitted to the strategic planning council, as defined in Section 8499, for approval before final approval of the plan by the department.
(d) Within 30 days of receiving a modification of the plan, the department shall review and either approve or disapprove that modification of the plan.
(e) The department may disapprove only those portions of a plan, or any modification of the plan, that are not in conformance with this article or that are in conflict with federal law.

SEC. 5.

 Section 8335.3 of the Education Code is amended to read:

8335.3.
 (a) The plan shall be submitted to the strategic planning council, as defined in Section 8499, for approval. Upon approval of the plan by the strategic planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.
(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.
(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 15.1 (commencing with Section 8332) or that are in conflict with federal law.

SEC. 6.

 Section 8358 of the Education Code is amended to read:

8358.
 (a) By January 31, 1998, the department and the State Department of Social Services shall design a form for license-exempt child care providers to use for certifying health and safety requirements to the extent required by federal law. Until the form is adopted, the information required pursuant to Section 11324 of the Welfare and Institutions Code shall continue to be maintained by the county welfare department or contractor, as appropriate.
(b) By January 31, 1998, the department and the State Department of Social Services shall do both of the following:
(1) Design a standard process for complaints by parents about the provision of child care that is exempt from licensure.
(2) Design, in consultation with strategic planning councils, a single application for all child care programs and all families.
(c) (1) County welfare departments and alternative payment programs shall encourage all providers who are licensed or who are exempt from licensure and who are providing care under Section 8351, 8353, or 8354, to secure training and education in basic child development.
(2) Child care provider job training provided to CalWORKs recipients that is funded by either the department or the State Department of Social Services shall include information on becoming a licensed child care provider.
(d) The department shall increase consumer education and consumer awareness activities so that parents will have the information needed to seek child care of high quality. High quality child care shall include both licensed and license-exempt care.

SEC. 7.

 Section 8359 of the Education Code is amended to read:

8359.
 (a) County welfare departments and alternative payment programs shall provide to the department or the State Department of Social Services, whichever is appropriate, and the strategic planning council, on a monthly basis, data about child care usage and demand in each of the three stages. The department and the State Department of Social Services shall forward this data quarterly to the Department of Finance and the Joint Legislative Budget Committee for fiscal planning.
(b) By January 10 of each year, the Department of Finance shall present to the respective legislative budget committees an estimate of the cost of funding the expected demand for child care as described in subdivision (a) of Section 8351 and Sections 8353 and 8354.

SEC. 8.

 Section 8499 of the Education Code is amended to read:

8499.
 For purposes of this chapter, the following definitions shall apply:
(a) “Child care” means all licensed child care and development services, early childhood education services, and license-exempt child care, including, but not limited to, private for-profit programs, nonprofit programs, and publicly funded programs, for all children up to and including 12 years of age, including children with exceptional needs and children from all linguistic and cultural backgrounds.
(b) “Child care provider” means a person who provides child care services or represents persons who provide child care services.
(c) “Consumer” means a person who receives, or who has received within the past 36 months, child care services.
(d) “Strategic planning council” means a strategic local child care and development planning council, as described in Section 8499.3.

SEC. 9.

 Section 8499.3 of the Education Code is amended to read:

8499.3.
 (a) It is the intent of the Legislature that strategic local child care and development planning councils shall provide a forum to identify local priorities for child care and to develop policies to meet the needs identified within those priorities, and shall seek to create a local system of support for child care.
(b) (1) The strategic planning council shall be comprised as follows:
(A) One representative from a resource and referral agency in the county. This representative shall be appointed by a majority vote of all resource and referral agencies in the county.
(B) One representative from an alternative payment provider in the county. This representative shall be appointed by a majority vote of all alternative payment providers in the county.
(C) One representative from the local First 5 county commission.
(D) One representative from the county office of education.
(E) One representative from a school district that provides transitional kindergarten within the county.
(F) One representative from the county board of supervisors.
(G) One representative from the county human services department.
(H) One representative from the parent advisory committee established pursuant to paragraph (5). This representative shall be appointed by a majority vote of the members of the parent advisory committee.
(I) One representative from the provider advisory committee established pursuant to paragraph (6). This representative shall be appointed by a majority vote of the members of the provider advisory committee.
(J) One representative of a local postsecondary educational institution that receives state or federal funds and offers a degree, training, or professional development courses in child care, child development, or preschool.
(K) Other local government agencies, such as health, health services, human services, social services, regional centers, school districts, and special education local plan areas, that provide services to children from birth to 12 years of age, inclusive.
(L) Other representatives, at the discretion of the strategic planning council.
(2) Notwithstanding any other law, one individual may represent more than one of the categories identified in subparagraphs (A) to (I), inclusive, of paragraph (1).
(3) The members of the strategic planning council shall serve a term of three years.
(4) (A) The representative identified in subparagraph (J) of paragraph (1) shall be nominated by a majority vote of the other members of the strategic planning council and shall be appointed by the county board of supervisors or the county superintendent of schools.
(B) The county board of supervisors and the county superintendent of schools may each appoint one-half of the members nominated pursuant to subparagraphs (K) and (L) of paragraph (1) of subdivision (b). If there is an uneven number of appointees, the county board of supervisors and the county superintendent of schools shall agree on the odd-numbered appointee.
(5) The parent advisory committee shall be made up of consumers and may include, but is not limited to, the following members:
(A) One consumer who receives services from a family child care home provider or a family, friend, and or neighbor provider.
(B) One consumer who receives services from a child care center provider.
(C) One consumer who receives services from a transitional kindergarten provider.
(D) One consumer who represents a tribal organization who receives services from a child care provider.
(E) One consumer who is a parent of a child with exceptional needs, as defined in Section 8208, who receives services from a child care provider.
(F) One consumer who receives services from an after school program.
(6) The provider advisory committee may include, but is not limited to, the following members:
(A) One family child care home provider or a family, friend, or neighbor provider.
(B) One child care provider licensed pursuant to Title 5 of the California Code of Regulations.
(C) One child care provider licensed pursuant to Title 22 of the California Code of Regulations.
(D) One Head Start provider.
(E) One representative from a labor union that represents child care providers in the county.
(F) One representative from a child care provider experienced in providing services to children with exceptional needs, as defined in Section 8208, in a full inclusion environment.
(G) One representative from a child care provider experienced in providing services to children of migrant families.
(c) Every effort shall be made to ensure that the ethnic, racial, and geographic composition of the strategic planning council is reflective of the ethnic, racial, and geographic distribution of the population of the county.
(d) The county board of supervisors and county superintendent of schools may designate an existing child care planning council or coordinated child and family services council as the strategic planning council, as long as it has or can achieve the representation set forth in this section.
(e) Upon establishment of a strategic planning council, the strategic planning council shall elect a chair and select a staff.
(f) Each strategic planning council shall develop and implement a training plan to provide increased efficiency, productivity, and facilitation of strategic planning council meetings. This may include developing a training manual, hiring facilitators, and identifying strategies to meet the objectives of the council.
(g) A member of a strategic planning council shall not participate in a vote if the member has a proprietary interest in the outcome of the matter being voted upon.
(h) Notwithstanding any other law, the county board of supervisors and the county superintendent of schools may mutually agree to merge the strategic planning council and the Quality Rating and Improvement System local consortia, as defined in Section 8203.1, as long as it can achieve the representation set forth in this section.
(i) (1) Notwithstanding any other law, the county boards of supervisors and the county superintendents of schools in two or more contiguous counties may mutually agree to merge their strategic planning councils, as long as it can achieve the representation set forth in this section.
(2) If two or more counties choose to exercise the option to merge their strategic planning councils pursuant to paragraph (1), the strategic planning council shall make every effort to ensure that meetings and stakeholder forums are accessible to consumers and providers in all of the counties that the strategic planning council represents. This may be achieved by alternating the location of meetings between the counties, hosting meetings at a central point between the counties, or live broadcasting strategic planning council meetings at multiple locations within the counties.

SEC. 10.

 Section 8499.5 of the Education Code is amended to read:

8499.5.
 (a) The department shall allocate child care funding pursuant to Chapter 2 (commencing with Section 8200) based on the amount of state and federal funding that is available.
(b) By May 30 of each year, upon approval by the county board of supervisors and the county superintendent of schools, a strategic planning council shall submit to the department its local priorities, identified by ZIP Code and prioritized by the strategic planning council according to greatest child care needs in the county. To accomplish this, a strategic planning council shall do both of the following:
(1) Encourage public input in the development of the strategic planning council’s local priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed priorities.
(2) Collaborate with subsidized and nonsubsidized child care providers, county welfare departments, human service agencies, regional centers, job training programs, employers, integrated child and family service councils, local and state children and families commissions, parent organizations, early start family resource centers, family empowerment centers on disability, local child care resource and referral programs, and other interested parties to foster partnerships designed to meet local child care needs.
(c) (1) A strategic planning council shall conduct an assessment of child care needs in the county no less frequently than once every five years. The department shall define and prescribe data elements to be included in the needs assessment and shall specify the format for the data reporting. Beginning in 2021, the strategic planning council shall use the needs assessment template developed by the department in collaboration with the strategic planning councils. The needs assessment shall be submitted to the department by May 30 of each year in which it is due.
(2) The State Department of Social Services, the State Department of Public Health, local departments of social services and welfare, local regional centers, special education local plan areas, and local resource and referral agencies shall provide to the department the information necessary for strategic planning councils to complete the needs assessment. The department shall share data and information necessary to complete the needs assessment, notwithstanding any other law, with strategic planning councils and counties implementing individualized county child care subsidy plans pursuant to Article 15.1 (commencing with Section 8332) of Chapter 2.
(3) The department shall, in conjunction with the State Department of Social Services and all appropriate statewide agencies and associations, develop guidelines for use by strategic planning councils to assist them in conducting needs assessments that are reliable and accurate. The guidelines shall include acceptable sources of demographic and childcare data, and methodologies for assessing childcare supply and demand.
(4) Except as otherwise required by subdivision (c) of Section 8236, the department shall allocate funding within each county in accordance with the priorities identified by the strategic planning council of that county and submitted to the department pursuant to this section, unless the priorities do not meet the requirements of state or federal law.

SEC. 11.

 Section 8499.6 is added to the Education Code, to read:

8499.6.
 (a) (1) On or before March 30, 2021, and every three years thereafter, a strategic planning council shall develop and submit to the county board of supervisors and the county board of education a strategic plan and investment priorities using the template that shall be adopted by the department in collaboration with the strategic planning councils and First 5 California. Before the strategic plan and investment priorities can be submitted for approval, the strategic planning council shall do all of the following:
(A) Post the most recent needs assessment developed pursuant to subdivision (c) of Section 8499.5 on the strategic planning council’s internet website and share the needs assessment with all school districts in the county no later than January 1 of each year in which a strategic plan and investment priorities will be submitted.
(B) Seek input from the parent advisory committee and the provider advisory committee established pursuant to Section 8499.3.
(C) Identify existing publicly owned facilities that could house a child care program. The strategic planning council shall periodically survey school districts, county offices of education, and city and county governments to identify sites that could house a child care program and the modifications that each site would need to meet child care health and safety requirements.
(D) Encourage public input in the development of the strategic plan and investment priorities. Opportunities for public input shall include at least one public hearing during which members of the public can comment on the proposed strategic plan and investment priorities before submission to the county board of supervisors and the county board of education.
(2) The strategic plan shall address facility needs, workforce needs, family access, and quality and transition planning. The investment priorities shall identify priorities for the county board of supervisors, the county board of education, and the Legislature.
(3) The county board of supervisors and the county board of education shall hold public hearings on the proposed strategic plan and investment priorities at a regularly scheduled meeting. The hearings must shall be held before adoption of the strategic plan and investment priorities and may be no sooner than three days after the proposed strategic plan and investment priorities are posted on the strategic planning council’s internet website. The county board of supervisors and the county board of education shall each approve the strategic plan and investment priorities no later than July 1 of each year in which a strategic plan and investment priorities are submitted.
(4) A strategic plan and investment priorities shall be effective for a period of three years and shall be updated each intervening year by March 30.
(b) At least twice each year, a strategic planning council shall convene a forum for stakeholders to provide input to and receive updates from the Quality Rating and Improvement System local consortium, as defined in Section 8203.1.
(c) A strategic planning council shall work with the county office of education, special education local plan areas, and the school districts and regional centers in the county to facilitate the transition of children with exceptional needs into the K–12 system.
(d) The operation of this section is contingent upon an appropriation in the annual Budget Act for purposes of this section.

SEC. 12.

 Section 8499.7 of the Education Code is amended to read:

8499.7.
 It is the intent of the Legislature that any additional conditions imposed upon strategic planning councils shall be funded from available federal funds to the greatest extent legally possible.

SEC. 13.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.