Today's Law As Amended


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SB-311 Child Care and Development Services Act: preschool: Alum Rock Union Elementary School District: pilot project.(2015-2016)



As Amends the Law Today


SECTION 1.

 Article 7.6 (commencing with Section 8239.15) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:

Article   7.6. Individualized Eligibility Part-Day Preschool Plan for Alum Rock Union Elementary School District
8239.15.
 For purposes of this article, the following terms have the following meanings:
(a) “School district” means the Alum Rock Union Elementary School District, located in the County of Santa Clara.
(b) (1) “Preschool program” means an agency that holds a California state preschool program (Article 7 (commencing with Section 8235)) contract with the department as of July 1, 2015, has a memorandum of understanding with the school district, and holds a license pursuant to Article 2 (commencing with Section 1596.80) of Chapter 3.4 of Division 2 of the Health and Safety Code for preschool services within a transitional kindergarten classroom in the school district.
(2) The memorandum of understanding between the school district and the preschool program shall clarify the use of facilities, shared goals of the pilot project, and the responsibilities of both parties.
8239.16.
 The school district and the preschool program, in consultation with the Santa Clara County Office of Education and First 5 Santa Clara County, as a pilot project, may develop and implement an individualized eligibility part-day preschool plan for children residing in the school district for purposes of attending a preschool program in the school district. The plan shall include, but not be limited to, all of the following:
(a) 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.
(b) Increasing access to preschool in the school district to prepare children for transitional kindergarten and kindergarten.
(c) The provision of supplemental services to children in transitional kindergarten.
(d) The provision of parent education, parent engagement, and family support services.
(e) Systems to facilitate transition of children and their families from a federal Head Start program and preschool to transitional kindergarten and kindergarten.
(f) Increasing collaboration between preschool, transitional kindergarten, and kindergarten teachers.
8239.17
 (a) Notwithstanding any other law, eligibility to participate in the services offered under the pilot project 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 Section 42238.01, or participates in the federal Child and Adult Care Food Program (42 U.S.C. Sec 1766; 7 C.F.R. 226.20).
(2) The child is a foster youth, as that term is used in subdivision (b) of Section 42238.01.
(b) Notwithstanding any other law, children up to the age of admission into kindergarten pursuant to Section 48000 shall be allowed to participate in the services offered under the pilot project.
8239.18.
 (a) The plan and any modifications to the plan shall be submitted to the governing board of the school district, for approval by the governing board of the school district. Upon approval by the governing board of the school district, the plan or modifications to the plan shall be submitted to the Early Education and Support Division of the department for review.
(b) Within 30 days of receiving the plan or modifications, the Early Education and Support Division shall review and either approve or disapprove the plan or the modifications.
(c) The Early Education and Support Division may disapprove only those portions of the plan or modifications to the plan that are not in conformance with this article or that are in conflict with federal law.
8239.19.
 (a) Upon approval of the plan, pursuant to Section 8239.18, the school district and the preschool program, in consultation with the Santa Clara County Office of Education and First 5 Santa Clara County, shall prepare and submit an annual report to the Legislature and the department that summarizes the success of the pilot project, and shall demonstrate all of the following, as applicable:
(1) By the end of the first fiscal year of operation under the approved pilot project plan, an increase in the enrollment of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan.
(2) By the end of the second fiscal year of operation under the approved pilot project plan, an increase in the percentage of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan of 3 percent.
(3) By the end of the first fiscal year of operation under the approved pilot project plan, an increase of 3 percent of the child days of enrollment of children receiving child development services under a California state preschool program (Article 7 (commencing with Section 8235)) contract over the 2014–15 fiscal year.
(b) The school district and the preschool program, in consultation with the Santa Clara County Office of Education and First 5 Santa Clara County, shall submit a report to the Legislature and the department on or before December 31, 2020, that shall provide recommendations as to whether the pilot project should continue as a permanent program.
(c) A report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
8239.20.
 The school district and the preschool program may implement an individualized eligibility part-day preschool plan as a pilot project pursuant to this article until June 30, 2021, at which date the school district shall terminate the plan and implement the state’s requirements for subsidized part-day preschools. A child enrolling for the first time in a preschool program in the school district after June, 30, 2021, shall not be enrolled in the pilot project established pursuant to this article, and shall be subject to existing state laws and regulations regarding preschool eligibility.
8239.21.
 Sharing of information between the school district and the preschool program shall be in accordance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant thereto.
8239.22.
  Additional state funds shall not be appropriated for purposes of implementing this article.
8239.23.
 This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 2.
 The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Alum Rock Union Elementary School District, 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 act will achieve this by offering preschool services to children and families in the school district.
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
The start of the 2015–16 school year begins in August. This act 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 that this act take effect immediately.