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SB-393 Migrant Childcare and Development Programs.(2021-2022)

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Date Published: 05/20/2021 09:00 PM
SB393:v98#DOCUMENT

Amended  IN  Senate  May 20, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 393


Introduced by Senator Hurtado

February 11, 2021


An act to amend Section 8233 of add Section 8234 to the Education Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


SB 393, as amended, Hurtado. Migrant Childcare and Development Programs.
Existing law requires the Superintendent of Public Instruction to administer all migrant childcare and development programs. programs, including the Migrant Alternative Payment Program. Existing law requires children of migrant agricultural worker families, as defined, to be enrolled in child development programs on the basis of specified priorities. Existing law authorizes the cost for migrant programs to exceed the standard reimbursement rate established by the Superintendent of Public Instruction. Existing law requires the Superintendent of Public Instruction to annually reimburse seasonal migrant childcare and development agencies for approvable startup and closedown costs. Existing law, as of July 1, 2021, transfers that program and responsibility to the State Department of Social Services.
This bill would instead authorize the cost for migrant programs to exceed the regional market rate established by the Superintendent of Public Instruction. The bill would instead require the Superintendent of Public Instruction to annually reimburse approvable ongoing costs. authorize the Migrant Alternative Payment Program to expend more than the standard reimbursement rate for a particular child but would prohibit payments made by that program from exceeding the applicable market rate ceiling. The bill would also require the reimbursement for the migrant program Migrant Alternative Payment Program to include the cost of childcare paid to childcare providers plus the administrative and support services costs of the alternative payment program, as specified. The bill would make related findings and declarations.
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 the following:
(1) California operates one Migrant Childcare Alternative Payment program. Alternative Payment Program.
(2) California’s Migrant Childcare Alternative Payment program Alternative Payment Program supports the unique needs of migrant workers whose employ requires migrant patterns to follow agricultural work amongst at least 19 counties.
(3) This Migrant Childcare Alternative Payment program Alternative Payment Program was established specifically to support the unique work, cultural, linguistic linguistic, and diverse needs of migrant families.
(4) Once a migrant family is enrolled into the Migrant Childcare Alternative Payment program Alternative Payment Program, a family can continue migrating and working in any county within California.
(5) Over 50 percent of the family’s total gross income needs to come from employment in agriculture or agriculturally related work to be eligible for the program.
(6) Migrant families that have an established need of employment, seeking employment, parental incapacity, vocational training, homelessness or seeking permanent housing to receive childcare are in need of assistance.
(b) Accordingly, it is the intent of the Legislature in enacting this act, to support the unique needs of the Migrant Childcare Alternative Payment program Alternative Payment Program in order to meet the needs of this integral population by supporting their access to childcare and early learning.
SEC. 2.Section 8233 of the Education Code is amended to read:
8233.

(a)Cost for migrant programs may exceed the regional market rate established by the Superintendent of Public Instruction. In no case shall the reimbursement exceed the cost of the program. State-funded programs may be eligible for Chapter I federal funds to supplement state funding. These funds shall not be contingent upon the provision of additional child days or enrollment.

(b)The Superintendent of Public Instruction shall annually reimburse seasonal migrant childcare and development agencies for approvable ongoing costs. Reimbursement for ongoing costs shall not exceed 15 percent of the total contract amount.

(c)The reimbursement for the migrant program shall include the cost of childcare paid to childcare providers plus the administrative and support services costs of the alternative payment program. The total cost for administration and support services shall be 21 percent of the total contract amount. The administrative costs shall not exceed the costs allowable for administration under federal requirements.

SEC. 2.

 Section 8234 is added to the Education Code, to read:

8234.
 (a) (1) Payments made by the Migrant Alternative Payment Program shall not exceed the applicable market rate ceiling.
(2) Subject to paragraph (1), the Migrant Alternative Payment Program may expend more than the standard reimbursement rate for a particular child.
(b) The reimbursement for the Migrant Alternative Payment Program shall include the cost of childcare paid to childcare providers plus the administrative and support services costs of the Migrant Alternative Payment Program. The total cost for administration and support services shall not exceed an amount equal to 21 percent of the total contract amount. The administrative costs shall not exceed the costs allowable for administration under federal requirements.