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 6. Allocations and Expenditures [8255 - 8263]
  ( Article 6 heading added by Stats. 2021, Ch. 116, Sec. 59. )

8255.
  

(a) The Superintendent may approve and reimburse startup costs for contracts under this chapter or facilities in an amount not to exceed 15 percent of the expansion or increase of each agency’s total contract amount. Under no circumstances shall reimbursement for startup costs result in an increase in the agency’s total award amount. These funds shall be available for all of the following:

(1) The employment and orientation of necessary staff.

(2) The setting up of the program and facility.

(3) The finalization of rental agreements and the making of necessary deposits.

(4) The purchase of a reasonable inventory of materials and supplies.

(5) The purchase of an initial premium for insurance.

(b) Agencies shall submit claims for startup costs with their first quarterly reports.

(c) The Legislature recognizes that allowances for startup costs are necessary for the establishment and stability of new preschool programs.

(Added by renumbering Section 8275 by Stats. 2021, Ch. 116, Sec. 106. (AB 131) Effective July 23, 2021.)

8256.
  

(a) The department shall promote full utilization of California state preschool program funds and match available unused funds with identified service needs. Notwithstanding the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the department shall arrange interagency adjustments between different contractors with the same type of contract when both agencies mutually agree to a temporary transfer of funds for the balance of the fiscal year. The department shall establish timelines for interagency contract fund transfers.

(b) 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 may implement and administer this section through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of requests to transfer funds.

(c) This section shall become operative on July 1, 2019.

(Added by renumbering Section 8275.5 by Stats. 2021, Ch. 116, Sec. 107. (AB 131) Effective July 23, 2021.)

8257.
  

(a) The Superintendent of Public Instruction shall develop a plan and procedures for the allocation of expansion funding balances resulting from the prorata allocation of expansion for the partial year operations of new agencies.

(b) The plan shall provide for the distribution of such funds among contracting agencies whose enrollments include children with special needs and shall limit the agencies’ use of these funds to the purchase of approved equipment or materials or one-time-only services, or any of them, that will directly benefit the children with special needs.

(Added by renumbering Section 8276 by Stats. 2021, Ch. 116, Sec. 108. (AB 131) Effective July 23, 2021.)

8258.
  

Unless specifically exempted by the Legislature, the administrative cost for all state-funded preschool programs and all federal programs administered by the state shall not exceed 15 percent of the funds provided for those programs. Eighty-five percent of these funds shall be used to provide services in accordance with rules and regulations, or contractual funding terms and conditions prescribed by the Superintendent of Public Instruction.

(Added by renumbering Section 8276.7 by Stats. 2021, Ch. 116, Sec. 110. (AB 131) Effective July 23, 2021.)

8260.
  

Each county shall, as a minimum, maintain the level of expenditure for child development services provided by the county during the 1970–71 fiscal year. These funds shall be used exclusively for child development programs and shall be considered unrestricted funds unless restricted by the county granting the funds.

(Added by renumbering Section 8279 by Stats. 2021, Ch. 116, Sec. 123. (AB 131) Effective July 23, 2021.)

8261.
  

(a) The Legislature recognizes that preschool programs have made valuable contributions towards ensuring that public assistance recipients will be able to accept and maintain employment or employment-related training. Therefore, it is the intent of the Legislature that the Superintendent ensure that counties comply with the requirements of Section 8260.

(b) The Superintendent shall ensure each county’s compliance with Section 8260 by not issuing funds to a local preschool contractor within a county until the Superintendent has received written certification from that county that the level of expenditure for childcare services provided by the county has been maintained at the 1970–71 fiscal year level pursuant to Section 8260. Funding provided by a county to a local preschool contractor shall not adversely affect the reimbursement received by the agency from the Superintendent pursuant to Section 8242 or 8244.

(Added by renumbering Section 8279.1 by Stats. 2021, Ch. 116, Sec. 124. (AB 131) Effective July 23, 2021.)

8262.
  

The Superintendent of Public Instruction shall publish the methodology and data used, including county-specific data if such data is used, for the allocation of preschool funds. The superintendent shall make this information available to the public, within 90 days of an allocation. It is the intent of the Legislature to expedite the allocation of funds to the field as quickly as possible. Nothing in this section shall create a requirement for a public hearing on the allocation methodology prior to the issuance of a request for application.

(Added by renumbering Section 8279.2 by Stats. 2021, Ch. 116, Sec. 125. (AB 131) Effective July 23, 2021.)

8263.
  

(a) The department shall disburse augmentations to the base allocation for the expansion of preschool programs to promote equal access to preschool services across the state.

(b) (1) In order to provide progress towards achieving access to full-day, full-year preschool services for all income eligible four-year-old children and to promote access for all income-eligible four-year-old children to attend at least a part-day California state preschool program, the Superintendent of Public Instruction shall, in awarding new funding appropriated by the Legislature, in any fiscal year, for the expansion of California state preschool programs, use the formula developed pursuant to subdivision (c) and may use the priorities identified by local childcare and development planning councils, as provided for in Section 10486 of the Welfare and Institutions Code, and other high-quality data resources available to the department.

(2) Expansion funding awarded pursuant to paragraph (1) shall be apportioned at the rate described in Section 8242 and as determined in the annual Budget Act.

(3) A family childcare home education network shall be eligible to apply for expansion funding awarded pursuant to paragraph (1).

(c) The Superintendent of Public Instruction 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 of Public Instruction shall develop the formula by using the definition of “underserved area” in Section 8205 and direct impact indicators of need for preschool 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 of Public Instruction 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 and allocate resources equitably, the Superintendent of Public Instruction shall develop a process for identifying underserved areas and populations within counties. This guidance shall include reference to the direct impact indicators of need described in subdivision (c).

(e) This section does not preclude a local educational agency from subcontracting with an appropriate public or private agency to operate a California state preschool program and to apply for funds made available pursuant to this section. If a school district chooses not to operate or subcontract for a California state preschool program, the Superintendent shall work with the county office of education and other eligible agencies to explore possible opportunities in contracting or alternative subcontracting to provide a California state preschool program.

(f) This section does not prevent eligible children who are receiving services from continuing to receive those services pursuant to this chapter in future years.

(Added by renumbering Section 8279.3 by Stats. 2021, Ch. 116, Sec. 126. (AB 131) Effective July 23, 2021.)

EDCEducation Code - EDC6.