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. Child Care and Development Services Act [8200 - 8498]

  ( Heading of Chapter 2 amended by Stats. 1980, Ch. 798, Sec. 1. )

ARTICLE 15.1. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Child Care Subsidy Plans [8332 - 8332.8]
  ( Heading of Article 15.1 amended by Stats. 2018, Ch. 7, Sec. 2. )

8332.
  

The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care subsidy plans. The plans shall ensure that child care subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.

(Amended by Stats. 2018, Ch. 7, Sec. 3. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.1.
  

For purposes of this article, “county” means the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma.

(Amended by Stats. 2018, Ch. 7, Sec. 4. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.2.
  

(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:

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

(A)  Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.

(B)  Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.

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

(D) The cost of providing child care.

(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care.

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

(i) Prioritize lowest income families first.

(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.

(iii) Meet local goals that are consistent with the state’s child care goals.

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

(v) (I) Authorize an agency that provides child care 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 or modification of the plan is approved pursuant to Section 8332.3.

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

(vi) Provide a family that qualifies for the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.

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

(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.

(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.

(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.

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

(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), 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.

(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.

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

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

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

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

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

(Amended by Stats. 2018, Ch. 7, Sec. 5. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.25.
  

The department shall establish instructions and timelines for submittal or modifications of the plans, including, but not limited to, plan templates and timelines for plan submittal and requests for addition of participating contractors.

(Added by Stats. 2018, Ch. 7, Sec. 6. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.3.
  

(a) (1) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local 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 prior to 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 local planning council, as defined in subdivision (g) of Section 8499, for approval prior to 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.

(Amended by Stats. 2018, Ch. 7, Sec. 7. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.4.
  

(a)  The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year.

(b) The County of Alameda shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 2014–15 fiscal year.

(c) The Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the total aggregate child days of enrollment in child care in the county as compared to the enrollment in the final quarter of the 2016–17 fiscal year.

(Amended by Stats. 2018, Ch. 7, Sec. 8. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.5.
  

(a)  Using a template developed by the department, the county shall 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 child care in the county. The report shall be submitted as follows:

(1) At the end of year one of the plan, a report that describes the first year of implementation.

(2) At the end of year three of the plan, a report that describes years two and three of implementation.

(3) At the end of year five of the plan, a report that describes years four and five of implementation.

(b) The department shall review the reports submitted pursuant to subdivision (a), along with any applicable programmatic and fiscal compliance records submitted by the contracting agencies participating in the plan, and determine whether to allow the county to continue with the plan without change, or whether to require modifications to be made to the plan. If the plan includes CalWORKs child care, the State Department of Social Services may also review whether modifications to the plan are advised or necessary.

(c) The county shall, by the end of the first fiscal year of operation under the approved plan, demonstrate, in the report required pursuant to this section, that there was no reduction in the number of children served as compared to the number of children served before the implementation of the plan.

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

(Amended by Stats. 2018, Ch. 7, Sec. 9. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

8332.6.
  

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

(Added by Stats. 2016, Ch. 574, Sec. 2. (AB 2368) Effective January 1, 2017. Repealed as of January 1, 2022, pursuant to Section 8332.7.)

8332.7.
  

(a)  For the County of Santa Clara, this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date.

(b) For the County of Alameda, this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date.

(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.

(Amended by Stats. 2018, Ch. 7, Sec. 10. (AB 108) Effective March 13, 2018. Note: Prescribed operations affect Article 15.1, comprising Sections 8332 to 8332.8.)

8332.8.
  

Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this article through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of plans and any modifications, plan templates and processes for requesting additional participating contractors.

(Added by Stats. 2018, Ch. 7, Sec. 11. (AB 108) Effective March 13, 2018. Conditionally inoperative as prescribed by Section 8332.7)

EDCEducation Code - EDC15.1.