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 9. Individualized Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma Childcare Subsidy Plans [8273 - 8282.6]
  ( Article 9 heading added by Stats. 2021, Ch. 116, Sec. 101. )

8273.
  

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 childcare subsidy plans. The plans shall ensure that childcare subsidies received by the above-named counties are used to address local needs, conditions, and priorities of working families in their respective communities.

(Added by renumbering Section 8332 by Stats. 2021, Ch. 116, Sec. 157. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8274.
  

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.

(Added by renumbering Section 8332.1 by Stats. 2021, Ch. 116, Sec. 158. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8275.
  

(a) For purposes of this article, “plan” means an individualized county childcare subsidy plan developed and approved under the pilot project described in Section 8273.

(b) A plan shall include all of the following:

(1) An assessment to identify the county’s goals 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:

(A)  Needs assessment data collected pursuant to Section 10486 of the Welfare and Institutions Code.

(B)  Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 10219 of the Welfare and Institutions Code.

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

(D) The cost of providing childcare.

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

(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 8252 of this code or Section 10290 of the Welfare and Institutions Code, as applicable for those families who are income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable, and provide the exemptions for family fees specified in Section 8253 of this code or Section 10291 of the Welfare and Institutions Code, as applicable.

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

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

(v) (I) Authorize an 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 or modification of the plan is approved pursuant to Section 8277.

(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 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.

(C) The local policy may supersede state law concerning childcare 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 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable.

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

(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based childcare, 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 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.

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

(3) 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.

(4) 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.

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

(d) 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.

(e) A plan may include stage one childcare services in addition to alternative payment and direct service childcare programs. If the plan includes CalWORKs childcare, pilot administrators 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 pilot project.

(Added by renumbering Section 8332.2 by Stats. 2021, Ch. 116, Sec. 159. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8276.
  

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 renumbering Section 8332.25 by Stats. 2021, Ch. 116, Sec. 160. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8277.
  

(a) (1) The plan shall be submitted to the local planning council, as defined in Section 10480 of the Welfare and Institutions Code, 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.

(c) Plan modifications, including subsequent rate changes, shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480 of the Welfare and Institutions Code, 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.

(Added by renumbering Section 8332.3 by Stats. 2021, Ch. 116, Sec. 161. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8278.
  

(a)  The County of Santa Clara shall, by the end of the first fiscal year of operation under the approved childcare subsidy plan, demonstrate, in the report required pursuant to Section 8279, an increase in the total aggregate child days of enrollment in childcare 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 childcare subsidy plan, demonstrate, in the report required pursuant to Section 8279, an increase in the total aggregate child days of enrollment in childcare 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 childcare subsidy plan, demonstrate, in the report required pursuant to Section 8279, an increase in the total aggregate child days of enrollment in childcare in the county as compared to the enrollment in the final quarter of the 2016–17 fiscal year.

(Added by renumbering Section 8332.4 by Stats. 2021, Ch. 116, Sec. 162. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8279.
  

(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 childcare 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.

(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.

(Added by renumbering Section 8332.5 by Stats. 2021, Ch. 116, Sec. 163. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8280.
  

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 renumbering Section 8332.6 by Stats. 2021, Ch. 116, Sec. 164. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8281.
  

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. 2021, Ch. 497, Sec. 1. (AB 1294) Effective October 5, 2021. Note: Prescribed inoperative dates affect Article 9, comprising Sections 8273 to 8282.6.)

8282.
  

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 renumbering Section 8332.8 by Stats. 2021, Ch. 116, Sec. 166. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281. Note: Section 8281.5 is in Article 13.2, which follows Section 8319.)

8282.5.
  

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. 135. (AB 131) Effective July 23, 2021. Inoperative July 1, 2023, pursuant to Section 8281.)

8282.6.
  

(a) (1) The State Department of Social Services and the State Department of Education shall review the existing individualized county childcare pilot programs required pursuant to this article and Chapter 18 (commencing with Section 10340) of Part 1.8 of Division 9 of the Welfare and Institutions Code and provide a report to the appropriate policy and fiscal committees of the Legislature on or before June 30, 2022.

(2) The report shall include recommendations on what flexibilities currently available to individualized county childcare pilot programs should be adopted statewide, and what flexibilities available to individualized county childcare pilot programs are no longer justified given statewide policy changes.

(3) The departments shall consider administrative burden for both the departments and counties in the recommendations.

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

(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.

(Added by Stats. 2021, Ch. 497, Sec. 2. (AB 1294) Effective October 5, 2021. Inoperative July 1, 2023, pursuant to Section 8281. Repealed as of January 1, 2024, by its own provisions.)

EDCEducation Code - EDC9.