Code Section Group

Education Code - EDC

TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Title 1 enacted by Stats. 1976, Ch. 1010. )

DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Division 1 enacted by Stats. 1976, Ch. 1010. )

PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004]

  ( Part 6 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 2. Early Education Act [8200 - 8488]

  ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. )

ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5]
  ( Article 11 heading added by Stats. 2021, Ch. 116, Sec. 139. )

8289.
  

On and after July 1, 2014, the individualized county childcare subsidy plan for the County of San Mateo that was developed as a pilot project pursuant to Article 15.3 (commencing with Section 8340), as that article read on January 1, 2013, may continue in existence and may be implemented in accordance with the provisions of this article. The plan shall ensure that childcare subsidies received by the County of San Mateo are used to address local needs, conditions, and priorities of working families in those communities.

(Added by renumbering Section 8347 by Stats. 2021, Ch. 116, Sec. 178. (AB 131) Effective July 23, 2021.)

8290.
  

For purposes of this article, “county” means the County of San Mateo.

(Added by renumbering Section 8347.1 by Stats. 2021, Ch. 116, Sec. 179. (AB 131) Effective July 23, 2021.)

8291.
  

For purposes of this article, “plan” means an individualized county childcare subsidy plan developed and approved as described in Section 8289, which includes all of the following:

(a) An assessment to identify the county’s goal for its subsidized childcare system. The assessment shall examine whether the current structure of subsidized childcare funding adequately supports working families in the county and whether the county’s childcare goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s childcare subsidy system that inhibit the county from meeting its childcare goals. In conducting the assessment, the county shall consider all of the following:

(1) The general demographics of families who are in need of childcare, including employment, income, language, ethnic, and family composition.

(2) The current supply of available subsidized childcare.

(3) The level of need for various types of subsidized childcare services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.

(4) The county’s self-sufficiency income level.

(5) Income eligibility levels for subsidized childcare.

(6) Family fees.

(7) The cost of providing childcare.

(8) The regional market rates, as established by the department, for different types of childcare.

(9) The standard reimbursement rate or state per diem for centers operating under contracts with the department.

(10) Trends in the county’s unemployment rate and housing affordability index.

(b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized childcare.

(2) The local policy shall do all of the following:

(A) Prioritize lowest income families first.

(B) Follow the family fee schedule established pursuant to Section 8252 of this code or Section 10290 of the Welfare and Institutions Code, as applicable, for those families that are income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable.

(C) Meet local goals that are consistent with the state’s childcare goals.

(D) Identify existing policies that would be affected by the county’s plan.

(E) (i) Authorize any agency that provides childcare and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.

(ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8292.

(iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.

(3) The local policy may supersede state law concerning childcare subsidy programs with regard only to the following factors:

(A)  Provide a family that qualifies for the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized childcare on another basis pursuant to the local policy, except as otherwise provided in Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code. Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code that provides a greater benefit to participating families than is provided for in the local policy.

(B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable.

(C) Reimbursement rates, including adjustment factors identified in Section 8244 of this code or Section 10281.5 of the Welfare and Institutions Code, as applicable.

(D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8263.

(E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for preschool, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.

(F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 2 (commencing with Section 8207), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.

(c) Recognition that all funding sources utilized by contractors that provide childcare and development services in the county are eligible to be included in the county’s plan.

(d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s childcare goals, and to overcome any barriers identified in the state’s childcare subsidy system.

(e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.

(f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act.

(g) The plan may include stage one childcare services in addition to alternative payment and direct service childcare programs. If the plan includes CalWORKs childcare, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their childcare services due to a transition between the three stages of childcare services and policies implemented in the plan.

(Added by renumbering Section 8347.2 by Stats. 2021, Ch. 116, Sec. 180. (AB 131) Effective July 23, 2021.)

8292.
  

(a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 9 (commencing with Section 8273).

(b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.

(c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 9 (commencing with Section 8273) or that are in conflict with federal law.

(Added by renumbering Section 8347.3 by Stats. 2021, Ch. 116, Sec. 181. (AB 131) Effective July 23, 2021.)

8293.
  

(a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize childcare in the county.

(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(Added by renumbering Section 8347.4 by Stats. 2021, Ch. 116, Sec. 182. (AB 131) Effective July 23, 2021.)

8294.
  

A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan.

(Added by renumbering Section 8347.5 by Stats. 2021, Ch. 116, Sec. 183. (AB 131) Effective July 23, 2021.)

8294.5.
  

Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the department and the components of the plan addressing all other childcare programs shall be overseen by the State Department of Social Services.

(Added by Stats. 2021, Ch. 116, Sec. 140. (AB 131) Effective July 23, 2021.)

EDCEducation Code - EDC11.