Assembly BillChaptered/SignedEducation
AB 150: Early care and education.
What AB 150 does, verified August 24, 2026
<p>This bill expresses the intent of the legislature to enact statutory changes relating to the budget act of 2025. The proposed changes aim to address various aspects of the budget, but the specific details of these changes are not provided in the introduction. The bill serves as a placeholder, indicating the legislature's intention to work on revising the budget act in the upcoming session.</p>
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Last action: Assembly Rule 63 suspended. (Ayes 54. Noes 18. Page 5918.) (2026-06-29)Alert me
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| Jun. 29, 2026 | Assembly Rule 63 suspended. (Ayes 54. Noes 18. Page 5918.) |
| Jun. 29, 2026 | Chaptered by Secretary of State - Chapter 25, Statutes of 2026. |
| Jun. 29, 2026 | Approved by the Governor. |
| Jun. 29, 2026 | Enrolled and presented to the Governor at 5:30 p.m. |
| Jun. 29, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5920.). |
Latest bill textChaptered version, June 29, 2026 · 37,885 words
Assembly Bill No. 150
CHAPTER 25
An act to amend Sections 8205, 8208, 8210, 8211, 8213, 8215, 8217, 8242, 8251, 8252, and 8253 of the Education Code, to amend Sections 1596.798, 1596.7985, 1596.81, 1596.866, 1596.8662, 1596.867, 1596.95, and 1597.54 of, and to add Sections 1596.868 and 1597.63 to, the Health and Safety Code, and to amend Sections 10213.5, 10271, 10280, 10290, 10370.5, 10388, 10436, and 11323.4 of, and to add Sections 10245, 10277.6, 10309.8, and 10310.2 to, the Welfare and Institutions Code, relating to childcare, and making an appropriation therefor, to take effect immediately, bill related to the budget.
[ Approved by Governor June 29, 2026. Filed with Secretary of State June 29, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 150, Committee on Budget. Early care and education.
(1) Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. The act establishes a standard reimbursement rate for both the part-day and full-day preschool programs, as provided. The act defines the term “attendance” for purposes of this reimbursement to include excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child.
This bill would revise the definition of the term “attendance” for purposes of reimbursement to additionally include excused absences for medical and educational appointments and for days a child is not in attendance during an appeal process regarding expulsion or suspension, as specified.
(2) The Early Education Act establishes eligibility requirements, including income eligibility requirements, and a specified priority sequence for enrollment, for the part-day and full-day preschool programs. The act requires that a family be considered to meet all eligibility and need requirements for not less than 24 months and prohibits requiring a family to report changes to income or other changes for at least 24 months. The act also establishes a fee schedule for families receiving preschool services and exempts a family from family fees for up to 12 months. The act authorizes a provider operating a state preschool program within the attendance boundary of certain public schools where at least 80% of enrolled pupils are eligible for free or reduced-price meals to enroll 3-year-old and 4-year-old children in accordance with the above-described enrollment priorities and, any remaining spots, to families not meeting the enrollment priorities but who establish residency within the attendance boundary of the qualifying public school.
This bill would revise those provisions by, among other things, (A) specifying that the prohibition on requiring a family to report changes to income or other changes for at least 24 months for purposes of eligibility includes when a family member transfers to another California state preschool program or when a child is voluntarily disenrolled by their family for any period of time during eligibility, (B) requiring the State Department of Education to, on or before January 1, 2027, implement the eligibility requirements described in (A) through management bulletins or similar letters of instruction and requiring the department to, on or before December 31, 2028, initiate a rulemaking action to implement those eligibility requirements, (C) exempting a family from family fees for up to one certification period instead of up to 12 months, (D) extending eligibility for part-day and full-day preschool programs to children of a parent or guardian employed by a local educational agency, (E) extending eligibility for full-day preschool programs to children whose families need childcare services because they are participating in a CalWORKs program activity, (F) revising the priority sequence for eligibility by including within the sequence children whose parent or guardian is employed by a local education agency, as specified, and revising the sequencing provisions for children with exceptional needs, as provided, (G) specifying, for purposes of establishing ongoing income eligibility, that ongoing income eligibility means a family’s initial income eligibility for services at the time of enrollment will be in effect, regardless of an increase in income, (H) instead authorizing a provider operating a state preschool program within the attendance boundary of a school district or certain public schools where at least 80% of enrolled pupils are eligible for free or reduced-price meals, foster youth, or English learners, to enroll 3-year-old and 4-year-old children in accordance with the above-described enrollment priorities and, any remaining spots, to families not meeting the enrollment priorities but who either establish residency within, or have a parent or guardian employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located, and (I) increasing a California state preschool program provider’s authority to schedule staff training days from 2 days per contract period to 5 days per contract period.
(3) Existing law, the Child Care and Developmental Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law requires, for California state preschool programs and childcare and development programs, the State Department of Education and the State Department of Social Services to collaborate to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates. Existing law requires the reimbursement rate to be increased by a specified cost-of-living adjustment, except for the 2023–24, 2024–25, and 2025–26 fiscal years, for which it was suspended. Commencing July 1, 2026, existing law requires the cost-of-living adjustment for state preschool programs to be consistent with an adjustment granted by the Legislature annually, as specified.
This bill would additionally suspend the annual cost-of-living adjustment for the 2026–27 fiscal year.
Existing law allocates certain appropriated funds to the State Department of Social Services and the State Department of Education to provide specified family childcare providers and childcare centers with a monthly cost of care plus rate, as specified.
This bill would allocate a portion of those same appropriated funds to the State Department of Education to provide, commencing July 1, 2026, a once-per-month, per-child-served cost of care plus rate, as calculated by the Department of Finance, for providers serving children enrolled in California state preschool programs.
(4) Existing law requires the State Department of Social Services, in consultation with the State Department of Education, to establish a fee schedule for families using preschool and childcare and developmental services and requires families who utilize those services to be assessed a family fee that is based on income, certified family need for full-time or part-time care services, and enrollment. Existing law requires the Superintendent to use the fee schedule developed in conjunction with the State Department of Social Services for families using full-day preschool services. Existing law prohibits those family fees from being collected for the 2022–23 fiscal year and from July 1, 2023, to September 30, 2023, inclusive, and requires contractors to reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees during that time.
This bill, by no later than January 1, 2027, would require contractors to reimburse California state preschool program providers for the full amount of the certificate or voucher without deducting family fees and to collect family fees, as specified.
(5) The Child Care and Development Services Act establishes a comprehensive, coordinated, and cost-effective system of childcare and development services for children from infancy to 13 years of age and their parents. The act requires the State Department of Education, in consultation with the State Department of Social Services, county fraud investigators, and other fraud investigation experts, to perform an error rate study to estimate the percentage of errors in certain determinations, including, among others, errors in determinations of eligibility and reimbursement payments to childcare providers. The act also requires the State Department of Education to develop recommendations for the prevention and elimination of childcare fraud and programmatic errors and the identification and collection of childcare overpayments, and, in developing its recommendations, to consider existing best practices. Existing law requires all childcare contracts entered into by the State Department of Social Services for means-tested childcare programs to require implementation of those best practices.
This bill would require the best practices on fraud and overpayments to require adoption in contractor policies and implementation of best practices on prevention and intervention of fraud and program integrity violations. The bill would require childcare contractors to terminate eligibility if there is substantiated evidence of a fraud or program integrity violation that invalidates the certification. The bill would authorize the department to enter into agreements with county welfare departments to support the investigation and enforcement of fraud and program integrity in any subsidized childcare program administered by the department, as specified. The bill would authorize the department to clarify the process for recovery of funds and imposition of sanctions described in the approved state plan for the implementation of programs under the federal Child Care and Development Fund in instances where fraud or other program integrity violation is established.
Existing law requires the department, in consultation with the State Department of Education, to establish the above-described fee schedule and requires families who utilize those services to be assessed a single flat monthly fee that is based on income, certified family need for full-time or part-time care services, and enrollment. Existing law requires family fees to be assessed at initial enrollment and reassessed at update of certification or recertification.
This bill would require, no later than January 1, 2027, contractors to reimburse subsidized childcare providers without deducting family fees and to collect family fees. The bill would require the department to work with contractors in need of technical assistance to comply with these provisions.
This bill would require funding appropriated to the department in the Budget Act of 2026, as specified, to be allocated to provide a once-per-month, per-child-served cost of care plus rate for providers serving children enrolled in specified subsidized childcare programs. The bill would require the Department of Finance to make specified calculations for reimbursement based on data provided by the department.
Existing law requires the department, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards, specifies the standard reimbursement rates, and requires a cost-of-living adjustment. Existing law suspends the cost-of-living adjustment for the 2023–24, 2024–25, and 2025–26 fiscal years.
This bill would also suspend the childcare and development program cost-of-living adjustment for the 2026–27 fiscal year except for resource and referral programs and local childcare and development planning councils, which the bill would require to receive a 2.009% cost-of-living adjustment.
Existing law requires, if the market rate survey is used to set reimbursement rates for those childcare programs, the department to contract to conduct a regional market rate survey no more frequently than once every 2 years.
This bill would instead require, if the market rate survey is used to set reimbursement rates, the department to contract to conduct a regional market survey every 3 years. The bill would also authorize, if an alternative methodology is used to inform the setting of reimbursement rates for subsidized childcare, the department to contract to develop and conduct an alternative methodology to set reimbursement rates for subsidized childcare no less than every 3 years and no sooner than 2 years prior to the submission of the Child Care and Development Fund Plan.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides childcare to CalWORKs recipients in 3 stages. Existing law requires, on the date automated changes occur in the Statewide Automated Welfare System (SAWS), a county welfare department to provide limited, read-only, online access through county-level SAWS databases to local contractors providing CalWORKs childcare services, including a summary page with current individual family data needed to enroll a family in CalWORKs childcare services or to transfer a family between stages.
This bill would expand the eligibility criteria for subsidized childcare services under the act to include participation in a CalWORKs program activity. The bill would prohibit a CalWORKs childcare recipient from participating in more than one stage of childcare at any given time. The bill would require, beginning January 1, 2028, or on the date automated changes occur in SAWS, whichever is later, the data available to local contractors on county-level SAWS databases to also include the relationship between the current or former CalWORKs recipient or recipients and the child, the childcare license number, if licensed, and whether the current or former CalWORKs recipient is receiving Medi-Cal or CalFresh benefits. By increasing duties on county welfare departments, this bill would impose a state-mandated local program.
Beginning on or before July 1, 2027, this bill would authorize the department to set aside up to 15% of funding associated with slot expansion awards for general childcare and development programs to fund minor repairs, infrastructure upgrades, and other readiness activities for childcare and development programs. The bill would require the department to establish the process, including eligibility criteria, by which the funds shall be awarded to contractors. The bill would require awarded funds to be utilized within a timeframe established by the department. The bill would authorize the department to rescind awarded funds for reasons that include, among others, that the awarded funds have been, or are expected to be, utilized for projects or activities that have not been approved by the department. The bill would authorize the department to administer and implement these provisions, in whole or in part, by means of childcare bulletins or similar instructions from the department until regulations are adopted. The bill would specify that these provisions shall only be implemented to the extent not prohibited by federal law, regulation, and directives.
The bill would authorize the department to transfer funding across and within specified childcare and development programs, including funds that are not allocated to contracts or otherwise fully expended. The bill would require the department to establish criteria for these transfers of funds that prioritize, among other things, maintaining funding within the same program type for which the funds were initially issued. The bill would also require the department to review subsidized childcare awards and contracts on an individual basis to determine a contractor’s readiness to serve children pursuant to the initial award. If the department determines that the contractor has not made sufficient progress toward serving children with awarded or allocated funds, the bill would authorize the department to partially or fully redirect those funds across and within the specified childcare and development programs. The bill would authorize the department to administer and implement these provisions, in whole or in part, by means of childcare bulletins or similar instructions from the department until regulations are adopted. The bill would require the department, by no later than October 1 of each year, to update the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the Legislative Analyst’s Office on transfers made pursuant to these provisions that include, among other things, the amount of funds transferred to another childcare and development program and the amount of funds that remained within the same program. The bill would require that these provisions be implemented only to the extent not prohibited by federal law, regulation, and directives and require those provisions to be implemented only if, and to the extent which, the department makes a specified determination.
(6) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities by the State Department of Social Services. A person who willfully or repeatedly violates any provision of the California Child Day Care Facilities Act, or any rule or regulation promulgated under the act, is guilty of a crime.
Under the act, licensees and staff of a child daycare facility are authorized to administer inhaled medication to a child if certain requirements are satisfied, including, among others, that the licensee or staff complies with specific written instructions from the child’s physician.
This bill would make those provisions applicable to the administration of all medications. The bill would also specifically require the written instructions to contain the name of the medication. The bill would authorize the department to implement, interpret, or make specific these provisions by means of written directives, interim licensing standards, or similar instructions until regulations are adopted. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The act requires the State Department of Social Services, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education, on or before July 1, 2027, to establish an anaphylactic policy that sets forth guidelines and procedures recommended for child daycare personnel to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis. Existing law authorizes a child daycare facility to implement that anaphylactic policy.
This bill would instead require a child daycare facility to comply with that anaphylactic policy. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing regulations generally require a family daycare home licensee to be present in the home and prohibits a required temporary absence of the licensee from exceeding 20% of the hours that the facility is providing care per day. Existing regulations require, if the licensee is required to be temporarily absent from the home, the licensee to arrange for a substitute adult to care for and supervise the children during the absence.
This bill would instead prohibit temporary absences that exceed 20% of the hours that the home is providing care per month, subject to waiver by the department. The bill would require a licensee, prior to a substitute adult’s initial presence in the home, to ensure the substitute adult has obtained a criminal record clearance or exemption, completed specified health and safety training, is immunized against certain illnesses, and meets any other requirements imposed by the department. The bill would require a licensee to provide prior written notice of a temporary absence to the parent or legal guardian of each child in care, except in emergency circumstances, in which case written notice is required to be provided by the next business day. The bill would also require the licensee to submit a written report with certain information for each temporary absence to the department by the next business day. The bill would authorize the department to implement and administer these provision by means of letters or similar written instructions until regulations are adopted. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The act requires at least one director or teacher at each daycare center and each family daycare home licensee who provides care to complete at least 15 hours of specified health and safety training that includes pediatric first aid, pediatric CPR, and preventive health practices.
This bill would instead require all staff who provide childcare at those facilities, each family daycare home licensee, and each substitute adult in a family daycare home to complete that training. The bill would also require those staff to complete a minimum of 12 hours of continuing education annually and would require that training to cover specified topics, including, among others, emergency and disaster preparedness and response planning. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The act also requires a child daycare license applicant and administrators and employees of a licensed child daycare facility to complete mandated reporter training and to complete renewal mandated reporter training every 2 years. Existing law exempts a person from that requirement if they have limited English proficiency and training is not made available in their primary language.
This bill would delete that exemption and authorize the department to implement, interpret, or make specific the above-described provisions by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law requires an applicant for a license to operate a daycare center or a family daycare home to provide with their application evidence satisfactory to the department that there is a disaster plan for the facility.
This bill would instead refer to that plan as an emergency and disaster plan and specify the components that the plan is required to include, including, among other things, evacuation procedures, a contact information list, and procedures for reunification of children in care with a parent or legal guardian after an emergency or disaster. The bill would require a facility to provide training on the plan to each staff member and volunteer, as specified, and review the plan annually. The bill would also require a facility to have specified information readily available during an emergency or disaster, including a roster of children in care for that day, and to have a set of keys available for use during an evacuation. The bill would require a child daycare facility to be in compliance with these provisions on and after January 1, 2027. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law requires the department to adopt, amend, or repeal any rules or regulations that are necessary to carry out the act.
This bill would authorize the department to waive any of those rules or regulations if the waiver is reasonable and necessary to carry out the act and is not detrimental to the health and safety of any child in care. The bill would authorize the department to implement and administer this provision by means of letters or similar written instructions until regulations are adopted.
(7) Existing law requires the State Department of Social Services to administer the Child Care and Development Infrastructure Grant Program to expand access to childcare and development and preschool opportunities for children up to 5 years of age by providing resources to build new facilities or retrofit, renovate, repair, or expand existing facilities, as specified.
This bill would require the department, subject to an appropriation, to administer and implement a program for disaster-related infrastructure grants to support certain categories of childcare facilities that are impacted by a state-or federally declared disaster, as specified. The bill would impose various requirements on the department relating to the development of criteria, determination of grant amounts, and offering of technical assistance.
The bill would require a grant recipient to provide program data to the department and to participate in overall program evaluation. The bill would require a recipient to use the funds to supplement, and not supplant, other public funds expended for these purposes.
(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(9) This bill would appropriate $25,674,000 from the Federal Trust Fund to the State Department of Social Services for disaster relief efforts related to disasters occurring in 2023 and 2024 and would make these funds available for encumbrance until September 30, 2029.
(10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
The people of the State of California do enact as follows:
SECTION 1.
Section 8205 of the Education Code, as amended by Section 1 of Chapter 73 of the Statutes of 2024, is amended to read:8205.
As used in this chapter:(a) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(b) “Assigned reimbursement rate” is that rate established by the contract with the agency in accordance with Section 8242.
(c) “Attendance” means the number of children present at a preschool facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a California state preschool program contractor may claim attendance for days that the child is not in attendance during an appeal process pursuant to Section 8489.1.
(d) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies.
(e) “Preschool facility” means a residence or building or part thereof in which preschool services are provided.
(f) “Early childhood programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes.
(g) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
(h) “Children with exceptional needs” means either of the following:
(1) Children under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans and shall be receiving early intervention services.
(2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program and shall be receiving early intervention services or appropriate special education.
(i) “Cost” includes, but is not limited to, expenditures that are related to the operation of preschool programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
(j) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning.
(k) “Family childcare home education network” means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services.
(l) “Health services” include, but are not limited to, all of the following:
(1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources.
(3) Health education and training for children, parents, staff, and providers.
(4) Followup treatment through referral to appropriate health care agencies or individual health care professionals.
(m) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(n) “Intergenerational staff” means persons of various generations.
(o) “Dual language learner children” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.
(p) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(q) “Program director” means a person who, pursuant to Section 8298, is qualified to serve as a program director.
(r) “Proprietary agency” means an organization or facility providing preschool, which is operated for profit.
(s) “Children with severe disabilities” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Children with severe disabilities” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 as it read on January 1, 1980.
(t) (1) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site.
(2) A site supervisor shall satisfy one of the following:
(A) Hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site.
(B) Hold an administrative credential or an administrative services credential issued by the Commission on Teacher Credentialing.
(C) Meet the qualifications of a program director under Section 8298.
(3) The Superintendent may waive the requirements of this subdivision if the Superintendent determines that the existence of compelling need is appropriately documented.
(u) “Standard reimbursement rate” means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242.
(v) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children.
(w) “California state preschool program” means those programs that offer part-day or full-day, or both, educational programs for eligible two-, three-, and four-year-old children. These programs may be offered by a public, private, or proprietary agency, and operated in childcare centers or family childcare homes operating through a family childcare home education network.
(x) “Support services” means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. Support services may include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
(y) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
(z) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized preschool program services to the need for these services is low, as determined by the Superintendent.
(aa) “Three-year-old children” means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a California state preschool program on or after their third birthday. Any child under four years of age shall be served in a California state preschool program facility, licensed in accordance with Title 22 of the California Code of Regulations.
(ab) “Two-year-old children” means children who have had their second birthday and do not otherwise meet the definition of “three-year-old children.”
(ac) “Four-year-old children” means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program.
(ad) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(ae) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district.
(af) “Funded enrollment” means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor.
(ag) (1) Effective no later than March 1, 2024, “part-time” means preschool services certified for a child for fewer than 25 hours per week.
(2) Effective no later than March 1, 2024, “full-time” means preschool services certified for a child for 25 or more hours per week.
(3) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department may implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2023.
(4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026.
(5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(ah) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 2.
Section 8205 of the Education Code, as added by Section 2 of Chapter 73 of the Statutes of 2024, is amended to read:8205.
As used in this chapter:(a) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(b) “Assigned reimbursement rate” is that rate established by the contract with the agency in accordance with Section 8242.
(c) “Attendance” means the number of children present at a preschool facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a California state preschool program contractor may claim attendance for days that the child is not in attendance during an appeal process pursuant to Section 8489.1.
(d) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies.
(e) “Preschool facility” means a residence or building or part thereof in which preschool services are provided.
(f) “Early childhood programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes.
(g) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
(h) “Children with exceptional needs” means either of the following:
(1) Children under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans and shall be receiving early intervention services.
(2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program and shall be receiving early intervention services or appropriate special education.
(i) “Cost” includes, but is not limited to, expenditures that are related to the operation of preschool programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
(j) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning.
(k) “Family childcare home education network” means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services.
(l) “Health services” include, but are not limited to, all of the following:
(1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources.
(3) Health education and training for children, parents, staff, and providers.
(4) Followup treatment through referral to appropriate health care agencies or individual health care professionals.
(m) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(n) “Intergenerational staff” means persons of various generations.
(o) “Dual language learner children” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.
(p) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(q) “Program director” means a person who, pursuant to Section 8298, is qualified to serve as a program director.
(r) “Proprietary agency” means an organization or facility providing preschool, which is operated for profit.
(s) “Children with severe disabilities” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Children with severe disabilities” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 as it read on January 1, 1980.
(t) (1) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site.
(2) A site supervisor shall satisfy one of the following:
(A) Hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site.
(B) Hold an administrative credential or an administrative services credential issued by the Commission on Teacher Credentialing.
(C) Meet the qualifications of a program director under Section 8298.
(3) The Superintendent may waive the requirements of this subdivision if the Superintendent determines that the existence of compelling need is appropriately documented.
(u) “Standard reimbursement rate” means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242.
(v) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children.
(w) “California state preschool program” means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. These programs may be offered by a public, private, or proprietary agency, and operated in childcare centers or family childcare homes operating through a family childcare home education network.
(x) “Support services” means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. Support services may include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
(y) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
(z) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized preschool program services to the need for these services is low, as determined by the Superintendent.
(aa) “Three-year-old children” means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a California state preschool program on or after their third birthday. Any child under four years of age shall be served in a California state preschool program facility, licensed in accordance with Title 22 of the California Code of Regulations.
(ab) “Four-year-old children” means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program.
(ac) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(ad) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district.
(ae) “Funded enrollment” means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor.
(af) (1) Effective no later than March 1, 2024, “part-time” means preschool services certified for a child for fewer than 25 hours per week.
(2) Effective no later than March 1, 2024, “full-time” means preschool services certified for a child for 25 or more hours per week.
(3) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department may implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2023.
(4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026.
(5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(ag) This section shall become operative on July 1, 2027.
SEC. 3.
Section 8208 of the Education Code, as amended by Section 1 of Chapter 88 of the Statutes of 2025, is amended to read:8208.
(a) (1) A child is eligible for the part-day California state preschool program if both of the following requirements are met:(A) The child is one of the following:
(i) A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1.
(ii) A three-year-old child.
(iii) A four-year-old child.
(iv) Enrolled in kindergarten pursuant to Section 48000.
(B) The child’s family is one of the following:
(i) A current aid recipient.
(ii) Income eligible.
(iii) Homeless.
(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
(v) (I) One that has children with exceptional needs, as defined in Section 8205.
(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
(vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
(vii) One whose parent or guardian is employed by a local educational agency.
(2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(3) Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to two-, three-, and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).
(4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll two-, three-, and four-year-old children.
(b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000.
(c) (1) Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(2) (A) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1).
(B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
(C) (i) Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii).
(ii) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1).
(iii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1).
(3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(4) (A) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022.
(B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023.
(d) (1) A child is eligible for a full-day California state preschool program if all of the following requirements are met:
(A) The child is one of the following:
(i) A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1.
(ii) A three-year-old child.
(iii) A four-year-old child.
(B) The child’s family is one of the following:
(i) A current aid recipient.
(ii) Income eligible.
(iii) Homeless.
(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
(v) (I) One that has children with exceptional needs, as defined in Section 8205.
(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
(vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
(vii) One whose parent or guardian is employed by a local educational agency.
(C) The child’s family needs the childcare services because of either of the following:
(i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:
(I) A recipient of protective services.
(II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
(III) Being homeless.
(ii) The child’s parents are one of the following:
(I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
(II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
(III) Employed or seeking employment.
(IV) Seeking permanent housing for family stability.
(V) Incapacitated.
(VI) Participating in a CalWORKs program activity.
(2) (A) Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(B) (i) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A).
(ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
(iii) (I) Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III).
(II) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A).
(III) The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A).
(C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(D) (i) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022.
(ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023.
(3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to two-, three-, and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1).
(5) After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll any two-, three-, or four-year-old child.
(e) (1) With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months, including when a family member transfers to another California state preschool program or when a child is voluntarily disenrolled by their family for any period of time during eligibility.
(2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205.
(3) A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
(f) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
(2) Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud.
(g) (1) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before January 1, 2027.
(2) The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2028.
(h) The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes.
(i) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 4.
Section 8208 of the Education Code, as amended by Section 2 of Chapter 88 of the Statutes of 2025, is amended to read:8208.
(a) (1) A child is eligible for the part-day California state preschool program if both of the following requirements are met:(A) The child is one of the following:
(i) A three-year-old child.
(ii) A four-year-old child.
(iii) Enrolled in kindergarten pursuant to Section 48000.
(B) The child’s family is one of the following:
(i) A current aid recipient.
(ii) Income eligible.
(iii) Homeless.
(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
(v) (I) One that has children with exceptional needs, as defined in Section 8205.
(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
(vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
(vii) One whose parent or guardian is employed by a local educational agency.
(2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(3) Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).
(4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll three- and four-year-old children.
(b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000.
(c) (1) Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(2) (A) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1).
(B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
(C) (i) Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii).
(ii) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1).
(iii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1).
(3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(4) (A) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022.
(B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023.
(d) (1) A child is eligible for a full-day California state preschool program if all of the following requirements are met:
(A) The child is one of the following:
(i) A three-year-old child.
(ii) A four-year-old child.
(B) The child’s family is one of the following:
(i) A current aid recipient.
(ii) Income eligible.
(iii) Homeless.
(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
(v) (I) One that has children with exceptional needs, as defined in Section 8205.
(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
(vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
(vii) One whose parent or guardian is employed by a local educational agency.
(C) The child’s family needs the childcare services because of either of the following:
(i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:
(I) A recipient of protective services.
(II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
(III) Being homeless.
(ii) The child’s parents are one of the following:
(I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
(II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
(III) Employed or seeking employment.
(IV) Seeking permanent housing for family stability.
(V) Incapacitated.
(VI) Participating in a CalWORKs program activity.
(2) (A) Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(B) (i) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A).
(ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
(iii) (I) Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III).
(II) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A).
(III) The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A).
(C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(D) (i)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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022.
(ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023.
(3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1).
(5) After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll any three- or four-year-old child.
(e) (1) With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months, including when a family member transfers to another California state preschool program or when a child is voluntarily disenrolled by their family for any period of time during eligibility.
(2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205.
(3) A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
(f) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
(2) Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud.
(g) (1) 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before January 1, 2027.
(2) The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2028.
(h) The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes.
(i) This section shall become operative on July 1, 2027.
SEC. 5.
Section 8210 of the Education Code, as amended by Section 2 of Chapter 998 of the Statutes of 2024, is amended to read:8210.
(a) Each applicant or contracting agency shall give priority for part-day programs according to the following:(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency.
(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.
(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.
(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.
(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.
(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.
(B) Within this priority category, eligible children from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(5) (A) The fifth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.
(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.
(6) (A) The sixth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213.
(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.
(7) After all otherwise eligible children have been enrolled in the first through sixth priority categories, as described in paragraphs (1) to (6), inclusive, a provider may enroll any eligible child pursuant to Section 8208.
(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 6.
Section 8210 of the Education Code, as added by Section 10 of Chapter 73 of the Statutes of 2024, is amended to read:8210.
(a) Each applicant or contracting agency shall give priority for part-day programs according to the following:(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.
(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.
(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.
(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.
(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.
(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.
(B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213.
(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.
(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, a provider may enroll any eligible child pursuant to Section 8208.
(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) This section shall become operative on July 1, 2027.
SEC. 7.
Section 8211 of the Education Code, as amended by Section 3 of Chapter 998 of the Statutes of 2024, is amended to read:8211.
(a) Each applicant or contracting agency shall give priority for full-day programs according to the following:(1) (A) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency.
(B) If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.
(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213.
(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.
(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.
(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.
(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.
(B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(5) (A) The fifth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.
(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.
(6) (A) The sixth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213.
(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.
(C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first.
(ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.
(7) After all otherwise eligible children have been enrolled in the first through sixth priority categories, as described in paragraphs (1) to (6), inclusive, a provider may enroll any eligible child pursuant to Section 8208.
(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 8.
Section 8211 of the Education Code, as added by Section 12 of Chapter 73 of the Statutes of 2024, is amended to read:8211.
(a) Each applicant or contracting agency shall give priority for full-day programs according to the following:(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.
(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213.
(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.
(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.
(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.
(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.
(B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213.
(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.
(C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first.
(ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.
(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, a provider may enroll any eligible child pursuant to Section 8208.
(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) This section shall become operative on July 1, 2027.
SEC. 9.
Section 8213 of the Education Code is amended to read:8213.
(a) For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 100 percent of the state median income, adjusted for family size, as specified in subdivision (c).(b) For purposes of establishing ongoing income eligibility under this chapter, “ongoing income eligible” means that a family’s initial income eligibility for services at the time of enrollment will be in effect, regardless of an increase in income.
(c) The Department of Finance shall calculate the state median income for family sizes of one to four, inclusive, by using the most recent census data available on state median family income in the past 12 months by family size. The Department of Finance shall calculate the state median income for family sizes of five and above by using the most recent census data for a family of four and multiplying this number by the ratios for the appropriate family size used in the federal Low-Income Home Energy Assistance Program (42 U.S.C. Sec. 8621 et seq.) and specified in federal regulations at paragraphs (5), (6), and (7) of subdivision (b) of Section 96.85 of Title 45 of the Code of Federal Regulations. The Department of Finance shall update its calculations of the state median income for families according to the methodology provided in this subdivision and provide the updated data to the department no later than March 1 of each fiscal year.
(d) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for childcare under this chapter.
(e) Payments made on behalf of a child pursuant to Section 11460, 11461.3, 11461.36, or 11461.4 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208.
(f) Notwithstanding any other law, guaranteed income payments received by an individual shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208. For purposes of this subdivision, “guaranteed income payments” mean unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (Chapter 16 (commencing with Section 18997) of Part 6 of Division 9 of the Welfare and Institutions Code).
SEC. 10.
Section 8215 of the Education Code is amended to read:8215.
(a) The department shall annually monitor funding used in, and hours of service provided in, the California state preschool program, and shall annually report to the Department of Finance and to the Legislature a statewide summary identifying the estimated funding used for, and the number of, preschool age children receiving part-day preschool and wraparound childcare services. The annual report shall include a comparison to the prior year on a county-by-county basis.(b) The monitoring shall include projections of total enrollment, age of enrolled, and contract earnings, and the projections shall be collected from providers through surveys by October 1 of each fiscal year.
SEC. 11.
Section 8217 of the Education Code, as amended by Section 4 of Chapter 998 of the Statutes of 2024, is amended to read:8217.
(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a school district or public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are unduplicated pupils, as defined in subdivision (b) of Section 42238.02, may enroll two-, three-, and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:(1) Enrollment of eligible two-, three-, and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within, or have a parent or guardian who is employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located. Providers shall require proof of residency or employment location as a condition of enrollment.
(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.
(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023.
(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024.
(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.
(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 12.
Section 8217 of the Education Code, as added by Section 5 of Chapter 998 of the Statutes of 2024, is amended to read:8217.
(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a school district or public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are unduplicated pupils, as defined in subdivision (b) of Section 42238.02, may enroll three- and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:(1) Enrollment of eligible three- and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within, or have a parent or guardian who is employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located. Providers shall require proof of residency or employment location as a condition of enrollment.
(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.
(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023.
(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024.
(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.
(d) This section shall become operative on July 1, 2027.
SEC. 13.
Section 8242 of the Education Code is amended to read:8242.
(a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.
(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).
(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).
(2) Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.
(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following:
(A) The 75th percentile of the 2018 regional market rate survey.
(B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).
(2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.
(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:
(A) Address, including ZIP Code.
(B) Race and ethnicity.
(C) Gender.
(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
(E) What types of federal relief funds have been received from the state.
(F) Use of federal relief funds received.
(G) Documentation that the provider met certifications as required by federal law.
(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
(d) (1) Funding shall be allocated to the State Department of Education, pursuant to paragraph (2), from a portion of funds in Schedule (1) of Item 6100-194-0001 of, and Schedule (1) of Item 6100-196-0001 of, the Budget Act of 2026 to provide a once-per-month, per-child-served cost of care plus rate for providers serving children enrolled in California state preschool programs.
(2) (A) Of the funding described in paragraph (1), funding is hereby allocated to the State Department of Education to provide preschool providers with a monthly cost of care plus rate increase commencing July 1, 2026. The increase per child shall be equal to the amount calculated in clause (iii) of subparagraph (B).
(B) The Department of Finance shall make the following calculations based on data provided by the State Department of Education:
(i) The total cost of providing the statutory cost of living adjustment for preschool programs in the 2026–27 fiscal year pursuant to Section 42238.15 for the preschool programs described in paragraph (1).
(ii) The estimated cost of providing the monthly cost of care plus rates described in subparagraph (E) of paragraph (2) of subdivision (c) of Section 10277.1 of, and paragraph (3) of subdivision (c) of Section 10277.2 of, the Welfare and Institutions Code in the 2026–27 fiscal year based on the estimates of child enrollment for the 2026–27 fiscal year provided by the State Department of Education.
(iii) Divide the amount calculated in clause (i) by the amount calculated in clause (ii).
(C) Notwithstanding any other law, for the 2026–27 fiscal year, the cost-of-living adjustment shall be 2.009 percent for the purpose of the calculation in subparagraph (B).
(e) (1) (A) Notwithstanding subdivisions (b) and (c), for the 2023–24 fiscal year and the 2024–25 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.
(B) It is the intent of the Legislature that any adjustments in the 2023–24, 2024–25, and 2025–26 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.
(2) Notwithstanding subdivisions (b) and (c), for the 2025–26 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.
(3) Notwithstanding subdivisions (b) and (c), for the 2026–27 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.
(f) Commencing July 1, 2026, the cost-of-living adjustment shall be applied consistently with subdivision (m) of Section 10227.6 of the Welfare and Institutions Code.
SEC. 14.
Section 8251 of the Education Code is amended to read:8251.
An agency contracting with the department to provide California state preschool program services may schedule up to five days of staff training, per contract period, using state reimbursement funding on the topics including procedures for emergencies in preschool programs, licensing regulations relating to preschool programs, recognition and reporting of suspected abuse of children in preschool programs, managing challenging behaviors and preventing expulsion of children, and addressing items on the program’s Quality Rating and Improvement System (QRIS) Quality plan.SEC. 15.
Section 8252 of the Education Code is amended to read:8252.
(a) The Superintendent shall use the fee schedule developed in conjunction with the State Department of Social Services for families using full-day preschool services pursuant to this chapter, including families receiving services pursuant to subdivision (a) of Section 8211.(b) Families shall be assessed a single flat monthly fee for all state subsidized early childhood services received, including California state preschool program services and services received through childcare and development programs administered by the State Department of Social Services, pursuant to Section 10290 of the Welfare and Institutions Code.
(c) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included in total countable income for purposes of determining the amount of the family fee.
(d) Family fees shall be assessed at initial enrollment and reassessed at recertification.
(e) Family fees shall be used by contractors to pay reasonable and necessary costs for providing additional services.
(f) Family fees shall not be based on the cost of care or amount of subsidy payment.
(g) Notwithstanding any other provision of this article, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of Chapter 116 of the Statutes of 2021.
(h) (1) Notwithstanding any other law, family fees shall not be collected for the 2022–23 fiscal year.
(2) Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees.
(i) (1) Notwithstanding any other law, family fees shall not be collected between July 1, 2023, and September 30, 2023, inclusive.
(2) Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees.
(j) By no later than January 1, 2027, contractors shall reimburse California state preschool program providers for the full amount of the certificate or voucher without deducting family fees and shall collect family fees pursuant to this section.
(k) Family fees accrued but uncollected prior to October 1, 2023, may be forgiven and not collected.
(l) (1) A California state preschool program or childcare provider paid with childcare subsidies, including, but not limited to, a family childcare home provider participating in a family childcare home education network, shall not absorb a reduction in pay for the California state preschool program space or voucher on account of a waiver of or reduction in family fees.
(2) The number of California state preschool program contracted spaces and childcare contracted spaces shall not be reduced on account of a reduction in the collection of family fees.
SEC. 16.
Section 8253 of the Education Code is amended to read:8253.
(a) A family that receives services pursuant to paragraph (1) of subdivision (a) of Section 8211 may be exempt from family fees for up to one certification period.(b) Notwithstanding any other law, a family receiving CalWORKs cash aid shall not be charged a family fee.
(c) Notwithstanding any other law, commencing with the 2014–15 fiscal year, family fees shall not be assessed for the part-day California preschool program to eligible families whose children are enrolled in that program pursuant to Article 2 (commencing with Section 8207).
SEC. 17.
Section 1596.798 of the Health and Safety Code is amended to read:1596.798.
(a) Notwithstanding any other law, licensees and staff of a child daycare facility may administer medication to a child if all of the following requirements are met:(1) The licensee or staff person has been provided with written authorization from the child’s parent or legal guardian to administer medication and authorization to contact the child’s health care provider. The authorization shall include the telephone number and address of the child’s parent or legal guardian.
(2) The licensee or staff person complies with specific written instructions from the child’s health care provider, to which all of the following shall apply:
(A) The instructions shall contain all of the following information:
(i) The name of the medication.
(ii) Specific indications for administering the medication pursuant to the health care provider’s prescription.
(iii) Potential side effects and expected response.
(iv) Method, amount, and time schedule by which the medication is to be administered pursuant to the health care provider’s prescription.
(v) Actions to be taken in the event of side effects or incomplete treatment response pursuant to the health care provider’s prescription.
(vi) Instructions for proper storage of the medication.
(vii) The telephone number and address of the child’s health care provider.
(B) The instructions shall be updated annually.
(3) The licensee or staff person that administers the medication to the child shall record each instance and provide a record to the child’s parent or legal guardian on a daily basis.
(4) Beginning January 1, 2000, a licensee or staff person who obtains or renews a pediatric first aid certificate pursuant to Section 1596.866 shall complete formal training designed to provide instruction in administering inhaled medication to children with respiratory needs. This training shall include, but not be limited to, training in the general use of nebulizer equipment and inhalers, how to clean the equipment, proper storage of inhaled medication, how a child should respond to inhaled medication, what to do in cases of emergency, how to identify side effects of the medication, and when to notify a parent or legal guardian or health care provider. This training shall be a component in the pediatric first aid certificate requirement as provided in Section 1596.8661.
(5) For a specified child, the licensee or staff person who administers medication has been instructed in writing to administer medication by the child’s parent or legal guardian.
(6) Beginning January 1, 2000, any training materials pertaining to nebulizer care that licensees or staff receive in the process of obtaining or renewing a pediatric first aid certificate pursuant to paragraph (4) shall be kept on file at the child daycare facility. The materials shall be made available to a licensee or staff person who administers inhaled medication. This requirement shall only apply to the extent that training materials are made available to licensees or staff who obtain or renew a pediatric first aid certificate pursuant to paragraph (4).
(b) For purposes of this section, inhaled medication shall refer to medication prescribed for the child to control lung-related illness, including, but not limited to, local held nebulizers.
(c) Nothing in this section shall be interpreted to require a certificated teacher who provides daycare pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code in a public school setting to administer medication.
(d) 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, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until the adoption of regulations.
SEC. 18.
Section 1596.7985 of the Health and Safety Code is amended to read:1596.7985.
(a) (1) On or before July 1, 2027, the department, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education, shall establish an anaphylactic policy that sets forth guidelines and procedures recommended for child daycare facility trained staff to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis.(2) The anaphylactic policy shall be developed in consultation with representatives from all of the following:
(A) Pediatric health care providers with expertise in treating children with anaphylaxis.
(B) Parents of children with life-threatening allergies.
(C) Child daycare facility administrators and staff.
(D) Not-for-profit corporations that represent allergic individuals at risk for anaphylaxis.
(3) In developing the anaphylactic policy, the department shall consider existing requirements and current and best practices for child daycare facilities on allergies and anaphylaxis. The department shall also consider any voluntary guidelines issued by the United States Department of Health and Human Services for managing food allergies in child daycare facilities.
(4) The anaphylactic policy shall include all of the following:
(A) (i) A process for a child daycare facility to solicit volunteers among its employees to be trained and to administer emergency epinephrine auto-injectors to provide emergency medical aid to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis. The process to solicit volunteers shall include a statement that there shall be no retaliation against any employee who chooses not to volunteer or who rescinds their offer to volunteer, including after receiving training.
(ii) Trained staff may administer emergency epinephrine auto-injectors to provide medical aid to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis at a child daycare facility during operating hours.
(iii) Section 1799.102 of this code and Section 1714.23 of the Civil Code apply to trained staff of a child daycare facility, as defined in Section 1596.750, who administer emergency epinephrine auto-injectors to a child in care pursuant to this section.
(B) (i) A procedure and treatment plan, including emergency protocols and responsibilities, for trained staff responding to a child suffering, or reasonably believed to be suffering, from anaphylaxis.
(ii) The procedure and treatment plan shall ensure trained staff have access to an appropriate weight-based dosage epinephrine auto-injector, if applicable, as specified in Section 49414 of the Education Code.
(iii) The procedure and treatment plan shall ensure trained staff have access to epinephrine auto-injectors stored in a secure place at the site.
(C) A training course for child daycare facility staff shall include, but not be limited to, all of the following:
(i) Techniques for preventing, recognizing the symptoms of, and responding to anaphylaxis.
(ii) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors.
(iii) Emergency follow-up procedures, including calling the emergency 911 telephone number and contacting, if possible, the child’s parent or guardian and health care provider.
(iv) Instruction on how to determine whether to use a pediatric or adult epinephrine auto-injector.
(v) Written materials covering the information required by this subparagraph.
(D) Appropriate guidelines for each child daycare facility to develop an individual emergency plan for children with a food or other allergy that could result in anaphylaxis.
(E) A process for a child daycare facility to obtain either of the following from the parent or guardian of each child in care:
(i) Prior written consent to the emergency administration of epinephrine auto-injectors by trained staff to the child who is suffering, or reasonably believed to be suffering, from anaphylaxis.
(ii) A written statement objecting to the emergency administration of epinephrine auto-injectors by trained staff to the child who is suffering, or reasonably believed to be suffering, from anaphylaxis.
(F) Strategies for the reduction of the risk of exposure to children of anaphylactic causative agents, including food and other allergens.
(5) The EMSA shall review minimum standards of training for the administration of epinephrine auto-injectors, as necessary, and notify the department if any changes to the training course described in subparagraph (C) of paragraph (4) are needed. Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and Section 1797.197a.
(b) (1) On or before September 1, 2027, the department and the State Department of Education shall publish the anaphylactic policy developed pursuant to paragraph (1) of subdivision (a) on each of the departments’ internet websites.
(2) The anaphylactic policy shall be updated by the department as necessary, in consultation with the EMSA and the State Department of Education.
(c) (1) On and after January 1, 2028, a child daycare facility shall comply with the anaphylactic policy developed by the department pursuant to paragraph (1) of subdivision (a).
(2) On and after January 1, 2028, upon enrollment of a child at a child daycare facility, and annually thereafter, the child daycare facility shall notify the parent or guardian of the anaphylactic policy developed by the department pursuant to paragraph (1) of subdivision (a). The notice shall include contact information for a parent or guardian to engage further with the child daycare facility to learn more about the policy and notification of the liability limitations set forth in Section 1799.102 of this code and Section 1714.23 of the Civil Code.
(d) This section shall not be construed to preempt, modify, or amend a child daycare facility’s requirement to comply with existing federal and state disability laws, or the requirements related to a child’s individualized family service plan or individualized education program.
(e) 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, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted.
(f) For the purposes of this section, the following terms have the following meanings:
(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity or allergic reaction to a substance.
(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
(B) Causes of anaphylaxis may include, but are not limited to, insect stings or bites, foods, drugs, and other allergens, as well as idiopathic or exercise-induced anaphylaxis.
(2) “Epinephrine auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction, or other epinephrine delivery systems approved for general use by the United States Food and Drug Administration.
(3) “Trained staff” means an employee of a child daycare facility, as defined in Section 1596.750, who has volunteered to administer epinephrine auto-injectors to a child in care who is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by the licensee, and has received training pursuant to subparagraph (C) of paragraph(4) of subdivision (a).
SEC. 19.
Section 1596.81 of the Health and Safety Code is amended to read:1596.81.
(a) The department shall adopt, amend, or repeal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code any rules and regulations that may be necessary to carry out this act.(b) (1) The department may waive any rule or regulation described in subdivision (a) if the waiver is reasonable and necessary to carry out this act and is not detrimental to the health and safety of any child in care.
(2) 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 subdivision through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted.
SEC. 20.
Section 1596.866 of the Health and Safety Code is amended to read:1596.866.
(a) (1) In addition to other required training, all staff who provide childcare at a daycare center, each family daycare home licensee, all staff who provide childcare at a family daycare home, and each substitute adult who provides care in a family daycare home pursuant to Section 1597.63, shall have at least 15 hours of health and safety training, and if applicable, at least 1 additional hour of training pursuant to clause (ii) of subparagraph (C) of paragraph (2).(2) The health and safety training shall include the following components:
(A) Pediatric first aid.
(B) Pediatric cardiopulmonary resuscitation (CPR).
(C) (i) A preventive health practices course or courses that include instruction in the recognition, management, and prevention of infectious diseases, including immunizations, prevention of childhood injuries, and, for licenses issued on and after July 1, 2020, instruction in the prevention of lead exposure that is consistent with the most recent State Department of Public Health’s training curriculum on childcare lead poisoning prevention.
(ii) For licenses issued on or after January 1, 2016, individuals described in paragraph (1) shall have at least one hour of childhood nutrition training as part of the preventive health practices course or courses.
(3) The training may include instruction in sanitary food handling, emergency preparedness and evacuation, and caring for children with special needs.
(4) (A) (i) On and after January 1, 2026, persons described in paragraph (1) shall obtain training in a pediatric first aid or pediatric CPR course that includes instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, subject to the requirements of Section 1797.197a.
(ii) Persons who, on or before December 31, 2025, have completed a course or courses in pediatric first aid and pediatric CPR that did not include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, shall comply with clause (i) for the next renewal period.
(iii) (I) It is the intent of the Legislature that the training required by this section will be adopted into the existing training requirements for a child daycare facility and will not require additional hours.
(II) Notwithstanding the provisions in subclause (I) of this clause and clauses (i) and (ii) of this subparagraph, in the event any additional training hours are required by these provisions, reimbursement of a family childcare provider, as defined in Section 10421 of the Welfare and Institutions Code, for any additional training hours shall be determined pursuant to the procedures set forth in Chapter 25 (commencing with Section 10420) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(B) On and after January 1, 2028, a pediatric first aid and pediatric CPR training course shall include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors, subject to the requirements of Section 1797.197a.
(b) Beginning January 1, 2027, persons described in paragraph (1) of subdivision (a) shall complete a minimum of 12 hours of continuing education on an annual basis. Annual training shall be provided by qualified sources to be determined by the department. The courses shall include all of the following topics:
(1) Emergency and disaster preparedness and response planning.
(2) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.
(3) Safe sleep practices and prevention of sudden infant death syndrome (SIDS).
(4) Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment.
(5) Transporting children safely.
(6) Infectious diseases in children.
(7) Prevention and response to emergencies due to food and allergic reactions.
(8) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants.
(9) Administration of medication, consistent with parental consent.
(c) (1) The completion of the training required pursuant to this section shall be a condition of licensure.
(2) Training in pediatric first aid and pediatric CPR by persons described in paragraph (1) of subdivision (a) shall be current at all times. Each person described in paragraph (1) of subdivision (a) shall renew their pediatric first aid and pediatric CPR every two years. Training in preventive health practices, as described in subparagraph (C) of paragraph (2) of subdivision (a), is a one-time only requirement for persons described in paragraph (1) of subdivision (a).
(3) A notice of deficiency shall be issued by the department at the time of a site visit to a licensee who is not in compliance with this section. The licensee shall, at the time the notice is issued, develop a plan of correction to correct the deficiency within 90 days of receiving the notice. The facility’s license may be revoked if it fails to correct the deficiency within the 90-day period. Section 1596.890 shall not apply to this paragraph.
(d) Completion of the training required pursuant to this section shall be demonstrated, upon request of the licensing agency, by the following:
(1) Current pediatric first aid and pediatric CPR course completion cards issued by the American Red Cross, the American Heart Association, or by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191.
(2) (A) A course completion card for a preventive health practices course or courses, as described in subparagraph (C) of paragraph (2) of subdivision (a), issued by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191.
(B) Persons who, before September 21, 1998, have completed a course or courses in preventive health practices, as described in clause (i) of subparagraph (C) of paragraph (2) of subdivision (a), and have a certificate of completion of a course or courses in preventive health practices, or certified copies of transcripts that identify the number of hours and the specific course or courses taken for training in preventive health practices, shall be deemed to have met the training in preventive health practices.
(3) In addition to training programs specified in paragraphs (1) and (2), training programs or courses in pediatric first aid, pediatric CPR, and preventive health practices offered or approved by an accredited college or university are considered approved sources of training that may be used to satisfy the training requirements of paragraph (2) of subdivision (a). Completion of this training shall be demonstrated to the licensing agency by a certificate of course completion, course completion cards, or certified copies of transcripts that identify the number of hours and the specified course or courses taken for the training, as defined in paragraph (2) of subdivision (a).
(4) A course completion card for a continuing education course or courses, as described in subdivision (b).
(e) The training required under subdivision (a) shall not be provided by a home study course. This training may be provided through in-service training, workshops, or classes. This subdivision shall not be interpreted to prohibit approved online courses in pediatric first aid or preventive health practices.
(f) All persons described in paragraph (1) of subdivision (a) and paragraph (2) of subdivision (c) shall maintain current course completion cards for pediatric first aid and pediatric CPR issued by the American Red Cross, the American Heart Association, or by a training program approved by the Emergency Medical Services Authority pursuant to Section 1797.191, or shall have current certification in pediatric first aid and pediatric CPR from an accredited college or university in accordance with paragraph (3) of subdivision (d).
(g) The department shall have the authority to grant exceptions to the requirements imposed by this section in order to meet the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(h) The department shall adopt regulations to implement this section. 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, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted.
SEC. 21.
Section 1596.8662 of the Health and Safety Code is amended to read:1596.8662.
(a) The department shall do all of the following:(1) Make information available to all licensed child daycare providers, administrators, and employees of licensed child daycare facilities regarding detecting and reporting child abuse and neglect.
(2) Provide training including statewide guidance on the responsibilities of a mandated reporter who is a licensed daycare provider or an applicant for that license, administrator, or employee of a licensed child daycare facility in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The department shall provide the guidance using its free module or modules provided on the State Department of Social Services internet website or as otherwise specified by the department. This guidance content shall include, but is not necessarily limited to, all of the following:
(A) Information on the identification of child abuse and neglect, including behavioral signs of abuse and neglect.
(B) Reporting requirements for child abuse and neglect, including guidelines on how to make a suspected child abuse report when suspected abuse or neglect takes place outside a child daycare facility, or within a child daycare facility, and to which enforcement agency or agencies a report is required to be made.
(C) Information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(D) Information that mandated reporting duties are individual and no supervisor or administrator may impede or inhibit reporting duties, and no person making a report shall be subject to any sanction for making the report, pursuant to paragraph (1) of subdivision (i) of Section 11166 of the Penal Code. A supervisor or administrator who impedes or inhibits the duties of a mandated reporter shall be subject to punishment pursuant to Section 11166.01 of the Penal Code.
(E) Information on childhood stages of development in order to help distinguish whether a child’s behavior or physical symptoms are within range for their age and ability, or are signs of abuse or neglect.
(3) The department shall provide training, including information about child safety and maltreatment prevention using its free training module or modules specified in paragraph (2), or as otherwise specified by the department. This information shall include, but is not necessarily limited to, all of the following:
(A) Information on protective factors that may help prevent abuse, including dangers of shaking a child, safe sleep practices, psychological effects of repeated exposure to domestic violence, safe and age-appropriate forms of discipline, how to promote a child’s social and emotional health, and how to support positive parent-child relationships.
(B) Information on recognizing risk factors that may lead to abuse, such as stress and social isolation, and available resources to which a family may be referred to help prevent child abuse and neglect.
(C) When to call for emergency medical attention to prevent further injury or death.
(D) Information on how a licensed child daycare provider, administrator, or employee of a licensed child daycare facility might communicate with a family before and after making a suspected child abuse report.
(4) The department shall comply with the Dymally-Alatorre Bilingual Services Act of 1973 (Chapter 17.5 (commencing with Section 7290) of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves.
(b) (1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child daycare provider, administrator, or employee of a licensed child daycare facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which the person completed the initial mandated reporter training.
(2) On and after January 1, 2018, a person who applies for a license to be a provider of a child daycare facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a) as a precondition to licensure and shall complete renewal mandated reporter training every two years following the date on which the person completed the initial mandated reporter training.
(3) On and after January 1, 2018, a person who becomes an administrator or employee of a licensed child daycare facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a) within the first 90 days that the person is employed at the facility and shall complete renewal mandated reporter training every two years following the date on which the person completed the initial mandated reporter training.
(4) The licensee of a licensed child daycare facility shall obtain proof from an administrator or employee of the facility that the person has completed mandated reporter training in compliance with this subdivision.
(5) A licensed child daycare provider, administrator, or employee of a licensed child daycare facility who does not use the online training module provided by the department shall report to, and obtain approval from, the department regarding the training that person shall use in lieu of the online training module.
(c) Current proof of completion for each licensed child daycare provider or applicant for that license, administrator, and employee of a licensed child daycare facility shall be submitted to the department upon inspection of the child daycare or upon request by the department.
(d) (1) The department shall issue a notice of deficiency at the time of a site visit to the licensee of a licensed child daycare facility who is not in compliance with this section. The licensee shall, at the time the department issues the notice of deficiency, develop a plan to correct the deficiency within 45 days.
(2) A deficiency under this subdivision is not subject to Section 1596.890.
(e) 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, interpret, or make specific this section by means of written directives, interim licensing standards, or similar instructions from the department until regulations are adopted. These written directives, interim licensing standards, or similar instructions shall have the same force and effect as regulations until regulations are adopted.
SEC. 22.
Section 1596.867 of the Health and Safety Code is amended to read:1596.867.
(a) All child daycare facilities, as defined in Section 1596.750, shall include an Earthquake Preparedness Checklist as an attachment to the emergency and disaster plan prescribed by Section 1596.868. However, the Earthquake Preparedness Checklist shall not be considered a requirement for obtaining or maintaining a license for a child daycare facility. The Earthquake Preparedness Checklist shall be made accessible to the public at the child daycare facility. The licensing agency shall not monitor or be responsible for enforcing any provision contained in the Earthquake Preparedness Checklist or ensuring that the checklist is made accessible to the public.(b) The Earthquake Preparedness Checklist shall not exceed two typewritten pages and the department may add to or delete from the list, as it deems appropriate. The checklist may include, but not be limited to, all of the procedures that are listed in the following proposed Earthquake Preparedness Checklist. A licensee of a child daycare facility shall have the option of selecting from the checklist the procedures, if any, the licensee chooses to use in the child daycare facility.
Earthquake Preparedness Checklist (EPC)* | ||
Eliminate potential hazards in classrooms and throughout the site: | ||
Bolt bookcases in high traffic areas securely to wall studs | ||
Move heavy books and items from high to low shelves | ||
Secure and latch filing cabinets | ||
Secure cabinets in high traffic areas with child safety latches | ||
Secure aquariums, computers, typewriters, TV-VCR equipment to surfaces, such as by using Velcro tabs | ||
Make provisions for securing rolling portable items such as TV-VCRs, pianos, refrigerators | ||
Move children’s activities and play areas away from windows, or protect windows with blinds or adhesive plastic sheeting | ||
Secure water heater to wall using plumber’s tape | ||
Assess and determine possible escape routes | ||
Establish a coordinated response plan involving all of the following: | ||
Involving children: | ||
Teach children about earthquakes and what to do (see resource list below) | ||
Practice “duck, cover, and hold” earthquake drills under tables or desks no less than 4 times a year | ||
Involving parents: | ||
Post, or make available to parents, copies of the school earthquake safety plan (including procedures for reuniting parents or alternate guardians with children, location of planned evacuation site, method for leaving messages and communicating) | ||
Enlist parent and community resource assistance in securing emergency supplies or safeguarding the child daycare site: | ||
_____ | store a 3-day supply of nonperishable food (including juice, canned food items, snacks, and infant formula) | |
_____ | store a 3-day supply of water and juice | |
_____ | store food and water in an accessible location, such as portable plastic storage containers | |
_____ | store other emergency supplies such as flashlights, a radio with extra batteries, heavy gloves, trash bags, and tools | |
_____ | maintain a complete, up-to-date listing of children, emergency numbers, and contact people for each classroom stored with emergency supplies | |
Involving child daycare personnel and local emergency agencies: | ||
Identify and assign individual responsibilities for staff following an earthquake (including accounting for and evacuating children, injury control, damage assessment) | ||
Involve and train all staff members about the earthquake safety plan, including location and procedure for turning off utilities and gas | ||
Contact nearby agencies (including police, fire, Red Cross, and local government) for information and materials in developing the child daycare center earthquake safety plan | ||
*For more free resources contact: | ||
(1) Federal Emergency Management Agency (FEMA) (2) Office of Emergency Services (3) Red Cross | ||
(c) Nothing in this section shall be construed to prevent the adoption or enforcement of earthquake safety standards for child daycare facilities by local ordinance.
(d) Nothing in this section shall be construed to prevent the department from adopting or enforcing regulations on earthquake safety.
SEC. 23.
Section 1596.868 is added to the Health and Safety Code, to read:1596.868.
(a) A child daycare facility shall have an emergency and disaster plan that includes, but is not limited to, all of the following:(1) Evacuation procedures, including identification of an assembly point or points.
(2) Procedures for facility lockdowns due to an active shooter threat or other dangerous situation.
(3) Procedures to shelter in place due to severe weather or other hazards.
(4) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, may not be available, the facility shall have a plan and supplies available to provide alternative resources during an outage. If the plan includes the use of a permanently installed generator, the plan shall include its location and a description of how it will be used. If the plan includes the use of a portable generator, the plan shall require the manufacturer’s operating instructions to be followed.
(5) Relocation procedures, including, but not limited to, a transportation plan, communication with emergency response personnel, access to emergency evacuation route information, and temporary shelter locations.
(A) If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(B) A facility shall designate at least two locations that can temporarily shelter children in care when relocation is necessary. At least one of the locations shall be outside of the immediate geographic area.
(6) A contact information list that includes contact information for all of the following:
(A) Local emergency response personnel.
(B) The local licensing agency regional office.
(C) Parents or legal guardians for all children in care.
(D) Transportation providers.
(7) The location of utility shutoff valves and shutoff instructions.
(8) Procedures that address all of the following:
(A) The reunification of children in care with a parent or legal guardian after an emergency or disaster.
(B) Communication with parents or legal guardians for children in care during an emergency or disaster. A facility shall inform the parents or legal guardians of children in care regarding the procedure for communicating during an emergency or disaster.
(C) Assistance with, and administration of, medications.
(D) Storage and preservation of medications, including the storage of medications that require refrigeration.
(E) The care of infants, toddlers, children with disabilities, and children with medical conditions or other special needs.
(F) Continuity of operations during an emergency or disaster.
(b) A facility shall provide training on the emergency and disaster plan to each staff member upon hire, and to each volunteer before beginning service, and annually thereafter. The training shall include staff and volunteer responsibilities during an emergency or disaster.
(c) A facility shall conduct a practice drill at least quarterly for each staff and volunteer shift and maintain documentation of each drill. The type of emergency or disaster covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. Documentation shall include the date, the type of emergency or disaster covered by the drill, and the names of staff and volunteers participating in the drill.
(d) A facility shall review the emergency and disaster plan annually and make updates as necessary, including, but not limited to, changes in floor plans, temporary shelter locations, and the ages of children in care. The licensee or administrator shall sign and date documentation stating that the emergency and disaster plan has been reviewed and updated as necessary.
(e) A facility shall have all of the following information readily available during an emergency or disaster:
(1) A roster of children in care for that day.
(2) A needs and services plan for each infant in care.
(3) A medication list for children in care.
(4) Contact information for the parent or legal guardian of each child in care.
(f) A facility shall have a set of keys available for use during an evacuation that provides staff and volunteers with access to all of the following:
(1) All facility vehicles.
(2) All facility exit doors.
(3) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies, medication for children in care, first aid supplies, and protective shelter supplies.
(g) A facility shall make the emergency and disaster plan available, upon request, to parents or legal guardians of children in care and local emergency response personnel.
(h) (1) An applicant for a child daycare facility license shall submit an emergency and disaster plan with the license application.
(2) On and after January 1, 2027, a child daycare facility shall be in compliance with this section.
(i) The licensing agency shall confirm, during regularly scheduled visits, that an emergency and disaster plan is on file at a facility.
(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k) This section shall not be interpreted to require the licensing agency to evaluate the content of an emergency and disaster plan.
(l) For purposes of this section, the following definitions shall apply:
(1) “Facility” means a child daycare facility, as defined in Section 1596.750.
(2) “Emergency and disaster” means a hazard resulting from a natural disaster, or a human-caused event, such as violence at a child daycare facility, within the meaning of those terms under Section 602(a) of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)).
SEC. 24.
Section 1596.95 of the Health and Safety Code is amended to read:1596.95.
Any person desiring issuance of a license for a daycare center or a special permit for specialized services in a daycare center under this chapter shall file with the department pursuant to regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following:(a) Evidence satisfactory to the department of the ability of the applicant to comply with this act and rules and regulations adopted pursuant to this act by the department.
(b) Evidence satisfactory to the department that the applicant is a reputable and responsible character. This evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, evidence of reputable and responsible character shall be submitted as to the members or shareholders thereof, and the person in charge of the daycare center for which application for issuance of license or special permit is made.
(c) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this act. The information shall be required only upon initial application for licensure, and when requested by the department, in writing, explaining the need for the evidence as part of the department’s investigative function.
(d) Disclosure of the applicant’s prior or present service as an administrator, general partner, corporate officer, or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in any child daycare facility or in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500).
(e) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (d).
(f) Evidence satisfactory to the department that there is a fire escape and emergency and disaster plan for the facility.
(g) Evidence satisfactory to the department that the applicant has posted signs at the point of entry to the facility that provide the telephone number of the local health department and state all of the following:
(1) Protect your child—it is the law.
(2) All the information specified in Sections 27360 and 27360.5 of the Vehicle Code regarding child passenger restraint systems.
(3) Call your local health department for more information.
(h) Any other information as may be required by the department for the proper administration and enforcement of this act.
(i) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.
SEC. 25.
Section 1597.54 of the Health and Safety Code is amended to read:1597.54.
(a) All family daycare homes for children, shall apply for a license under this chapter, except that any home that, on June 28, 1981, had a valid and unexpired license to operate as a family daycare home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license, at which time a new license may be issued upon fulfilling the requirements of this chapter.(b) An applicant for licensure as a family daycare home for children shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following:
(1) A brief statement confirming that the applicant is financially secure to operate a family daycare home for children. The department shall not require any other specific or detailed financial disclosure.
(2) (A) Evidence that the small family daycare home contains a fire extinguisher or smoke detector device, or both, that meets standards established by the State Fire Marshal under Section 1597.455, or evidence that the large family daycare home meets the standards established by the State Fire Marshal under subdivision (a) of Section 1597.46.
(B) Evidence satisfactory to the department that there is a fire escape and emergency and disaster plan for the facility.
(3) The fingerprints of any applicant of a family daycare home license, and any other adult, as required under subdivision (b) of Section 1596.871.
(4) Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any adult in the home during the time that children are under care. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525.
(5) Commencing September 1, 2016, evidence of current immunity or exemption from immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children.
(6) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70) and the regulations adopted pursuant to those chapters.
(7) Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references.
(8) Other information as required by the department for the proper administration and enforcement of the act.
(c) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.
SEC. 26.
Section 1597.63 is added to the Health and Safety Code, to read:1597.63.
(a) A family daycare home licensee shall be present in the home and shall ensure that children in care are provided care and supervision during all hours of operation.(b) (1) Notwithstanding subdivision (a), when circumstances require a licensee to occasionally be temporarily absent from a family daycare home during its hours of operation, the licensee shall arrange for a substitute adult to provide care and supervision of the children in care if the family daycare home operates during the temporary absence.
(2) A temporary absence of the licensee shall not exceed 20 percent of the hours that the family daycare home is providing care in any given calendar month.
(3) The department may waive the requirements of this subdivision on an individual basis if the waiver is reasonable and necessary to carry out this act and not detrimental to the health and safety of any child in care.
(c) Prior to a substitute adult’s initial presence in a family daycare home, a licensee shall ensure the substitute adult does all of the following, and complies with any additional requirements established by the department:
(1) Obtains a criminal record clearance or exemption pursuant to Section 1596.871.
(2) Completes the health and safety training described in Section 1596.866, as demonstrated by a current course completion card in pediatric first aid, pediatric cardiopulmonary resuscitation (CPR), and preventive health practices.
(3) Is immunized against influenza, pertussis, and measles pursuant to Section 1597.622.
(d) A family daycare home shall provide prior written notice to the parent or legal guardian of each child in care regarding any temporary absence of the licensee. If prior notice is impractical based on emergency circumstances, then written notice shall be provided no later than the next business day following the temporary absence.
(e) A family daycare home shall report a temporary absence of the licensee to the department no later than the next business day following the temporary absence. In addition, a written report shall be submitted to the department within seven calendar days of any temporary absence of the licensee. The written report shall include, a minimum, all of the following:
(1) The name of the substitute adult.
(2) The date and time of the temporary absence.
(3) An attestation signed by the licensee indicating whether the requirements of subdivisions (c) and (d) were met.
(f) A family daycare home shall maintain documentation of compliance with this section and with Sections 1596.866, 1596.871, and 1597.622 regarding a substitute adult.
(g) 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 letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted.
SEC. 27.
Section 10213.5 of the Welfare and Institutions Code is amended to read:10213.5.
As used in this part:(a) “Alternative payments” includes payments that are made by one childcare agency to another agency or childcare provider for the provision of childcare and development services, and payments that are made by an agency to a parent for the parent’s purchase of childcare and development services.
(b) “Alternative payment program” means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 10225.5, or a migrant alternative payment program pursuant to Chapter 6 (commencing with Section 10235), to provide alternative payments and to provide support services to parents and providers.
(c) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(d) “Assigned reimbursement rate” is that rate established by the contract with the agency and is derived by dividing the total dollar amount of the contract by the minimum child day of average daily enrollment level of service required.
(e) “Attendance” means the number of children present at a childcare and development facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a contractor may claim attendance for days that the contractor or provider is required to hold a space for a child during the period that a family is assumed to have abandoned care or is engaging in the appeal process based on disenrollment for abandoning care.
(f) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies.
(g) “Caregiver” means a person who provides direct care, supervision, and guidance to children in a childcare and development facility.
(h) “Childcare and development facility” means a residence or building or part thereof in which childcare and development services are provided.
(i) “Childcare and development programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family childcare homes. These programs include, but are not limited to, all of the following:
(1) General childcare and development.
(2) Migrant childcare and development.
(3) Childcare provided by the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2).
(4) Resource and referral.
(5) Childcare and development services for children with exceptional needs.
(6) Family childcare home education network.
(7) Alternative payment.
(8) Schoolage community childcare.
(j) “Childcare and development services” means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements.
(k) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
(l) “Children with exceptional needs” means either of the following:
(1) Infants and toddlers under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans, shall be receiving early intervention services, and shall be children who require the special attention of adults in a childcare setting.
(2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, and who meet eligibility criteria described in Section 56026 of the Education Code and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program, shall be receiving early intervention services or appropriate special education and related services, and shall be children who require the special attention of adults in a childcare setting. These children include children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the United States Code.
(m) “Closedown costs” means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only.
(n) “Cost” includes, but is not limited to, expenditures that are related to the operation of childcare and development programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
(o) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning.
(p) “Family childcare home education network” means an entity organized under law that contracts with the department pursuant to Section 10250 to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for state-subsidized childcare and development services. A family childcare home education network may also be referred to as a family childcare home system.
(q) “Health services” include, but are not limited to, all of the following:
(1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources.
(3) Health education and training for children, parents, staff, and providers.
(4) Followup treatment through referral to appropriate health care agencies or individual health care professionals.
(r) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(s) “Intergenerational staff” means persons of various generations.
(t) “Dual language learner” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.
(u) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(v) “Program director” means a person who, pursuant to Sections 10242 and 10380.5, is qualified to serve as a program director.
(w) “Proprietary childcare agency” means an organization or facility providing childcare, which is operated for profit.
(x) “Resource and referral programs” means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. Services frequently include, but are not limited to: technical assistance for providers, toy-lending libraries, equipment-lending libraries, toy- and equipment-lending libraries, staff development programs, health and nutrition education, and referrals to social services.
(y) “Severely disabled children” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Severely disabled children” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 7 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 of the Education Code as it read on January 1, 1980.
(z) “Short-term respite childcare” means childcare service to assist families whose children have been identified through written referral from a legal, medical, or social service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. Childcare is provided for less than 24 hours per day in childcare centers, treatment centers for abusive parents, family childcare homes, or in the child’s own home.
(aa) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for a childcare and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site. The department may waive the requirements of this subdivision if the department determines that the existence of compelling need is appropriately documented.
(ab) “Standard reimbursement rate” means that rate established by the department pursuant to Section 10280.
(ac) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children.
(ad) “California state preschool program” means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children.
(ae) “Support services” means those services that, when combined with childcare and development services, help promote the healthy physical, mental, social, and emotional growth of children. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
(af) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
(ag) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized childcare and development program services to the need for these services is low, as determined by the department.
(ah) “Workday” means the time that the parent requires temporary care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to maintaining or improving the social and economic function of the family, are beneficial to the community, or are required because of health problems in the family.
(ai) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(aj) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district.
(ak) “Alternative methodology” means a cost-based ratesetting method, including a cost estimation model, on which to base payment rates pursuant to the requirements set forth in Section 98.45 of Title 45 of the Code of Federal Regulations.
(al) (1) Effective no later than March 1, 2024, “part-time care” means care certified for a child for fewer than 25 hours per week.
(2) Effective no later than March 1, 2024, “full-time care” means care certified for a child for 25 or more hours per week.
(3) 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 subdivision by all-county letters, bulletins, or similar written instructions until regulations are adopted.
(4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026.
(5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(am) “Excessive unexplained absences” means absences that are not considered excused as defined in subdivision (e) and exceed 30 days within a 12-month interval during the period of time between determinations and redeterminations. Excessive unexplained absences, for the purposes of reimbursement, include nonconsecutive and consecutive days of absence that are not considered excused as defined in subdivision (e).
(1) 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 subdivision by all-county letters, bulletins, or similar written instructions until regulations are adopted.
(2) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2030.
SEC. 28.
Section 10245 is added to the Welfare and Institutions Code, to read:10245.
(a) Beginning on or before July 1, 2027, the department may set aside up to 15 percent of funding associated with slot expansion awards for general childcare and development programs pursuant to this chapter to fund minor repairs, infrastructure upgrades, and other readiness activities for childcare and development programs.(b) The department shall establish the process, including eligibility criteria, by which the funds described in subdivision (a) shall be awarded to contractors. The guidelines and procedures shall include, but are not limited to, criteria for funding eligibility, criteria for approved projects or activities, and appropriate timeframes for funding utilization.
(c) Funds awarded pursuant to this section shall be utilized for approved projects or activities within the timeframe established by the department pursuant to subdivision (b).
(d) The department may rescind funding awarded pursuant to this section for reasons that include, but are not limited to, the following:
(1) Awarded funds have not been, or are not expected to be, utilized within the timeframe established by the department.
(2) Awarded funds have been, or are expected to be, utilized for projects or activities that have not been approved by the department.
(3) Awarded funds have been, or are expected to be, utilized in a manner inconsistent with the guidelines and procedures established by the department.
(e) 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 administer and implement this section, in whole or in part, by means of childcare bulletins or similar instructions from the department until regulations are adopted.
(f) This section shall only be implemented to the extent not prohibited by federal law, regulation, and directives.
SEC. 29.
Section 10271 of the Welfare and Institutions Code is amended to read:10271.
(a) (1) The department shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this part. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas:(A) A family is (i) a current aid recipient, (ii) income eligible, (iii) homeless, (iv) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited, or (v) one who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. If a family is deemed eligible pursuant to clause (v), the family shall be prioritized by the income declared on the application for the means-tested government program.
(B) A family needs the childcare services (i) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (I) a recipient of protective services, (II) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (III) being homeless, (ii) because the parents are (I) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (II) engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate, (III) employed or seeking employment, (IV) seeking permanent housing for family stability, or (V) incapacitated, or (iii) because the families are eligible for Stage Two and Stage Three and are participating in a CalWORKs program activity.
(2) If only one parent has signed an application for enrollment in childcare services, as required by this part or regulations adopted to implement this part, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(b) Except as provided in Chapter 21 (commencing with Section 10370), priority for federal and state subsidized child development services is as follows:
(1) First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child.
(2) Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the department, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the family of the same priority in which the primary home language is a language other than English shall be admitted first. If there is no family of the same priority in which the primary home language is a language other than English, the family of the same priority that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, grants of public assistance recipients shall be counted as income.
(3) The department shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded childcare and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded childcare and development program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded childcare and development programs.
(d) A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a childcare and development program of a child whose parent or guardian files a letter with the governing board of the childcare and development program stating that the medical examination or immunization is contrary to the parent’s or guardian’s religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the childcare and development program is satisfied that the child is not suffering from that contagious or infectious disease.
(e) Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The department shall seek the advice and assistance of these health authorities in situations where service under this part includes or requires care of children who are ill or children with exceptional needs.
(f) The department shall establish guidelines for the collection of employer-sponsored childcare benefit payments from a parent whose child receives subsidized childcare and development services. These guidelines shall provide for the collection of the full amount of the benefit payment, but not to exceed the actual cost of childcare and development services provided, notwithstanding the applicable fee based on the fee schedule.
(g) The department shall establish guidelines according to which the director or a duly authorized representative of the childcare and development program will certify children as eligible for state reimbursement pursuant to this section.
(h) (1) Except as provided in paragraphs (3) to (5), inclusive, upon establishing initial eligibility or ongoing eligibility for services under this part, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 10213.5.
(3) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 10271.5, and the family’s ongoing eligibility for services shall at that time be recertified.
(4) A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
(5) If a family already receiving services pursuant to this part adds an additional child to the family size and the family requests services for that child during the current eligibility period, the family’s eligibility period shall be extended, as necessary, to ensure that the additional child receives at least 12 months of eligibility for services before a redetermination of eligibility, as required pursuant to Section 98.21 of Title 45 of the Code of Federal Regulations.
(i) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
(2) Notwithstanding paragraph (1), the department may seek to recover payments that are the result of fraud.
(j) (1) 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) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
(2) The department shall initiate a rulemaking action to implement subdivision (h) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (h).
(k) (1) 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) and Section 33308.5 of the Education Code, until regulations are filed with the Secretary of State, the department shall implement the changes made to subdivision (h) by the act that added this subdivision through management bulletins or similar letters of instruction on or before December 1, 2023.
(2) The department shall initiate a rulemaking action to implement the changes made to subdivision (h) by the act that added this subdivision on or before December 31, 2024.
(l) (1) 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 the changes made to subparagraph (B) of paragraph (1) of subdivision (a) by the act that added this subdivision by all-county letters, bulletins, or similar written instructions until rules and regulations are adopted or revised.
(2) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2030.
(m) Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees.
SEC. 30.
Section 10277.6 is added to the Welfare and Institutions Code, to read:10277.6.
(a) Funding shall be allocated from funds appropriated to the State Department of Social Services in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2026, if consistent with that item, to provide a once-per-month, per-child-served cost of care plus rate for providers serving children enrolled in the following subsidized childcare programs:(1) Alternative payment programs, including migrant alternative payment programs (Chapter 3 (commencing with Section 10225)).
(2) Migrant childcare and development programs (Chapter 6 (commencing with Section 10235)).
(3) General childcare and development programs (Chapter 7 (commencing with Section 10240)).
(4) Family childcare home education networks (Chapter 8 (commencing with Section 10250)).
(5) Childcare and development services for children with special needs (Chapter 9 (commencing with Section 10260)).
(6) CalWORKs Stage 1, Stage 2, or Stage 3 programs (Chapter 21 (commencing with Section 10370)).
(7) Emergency Child Care Bridge Program for Foster Children (Section 11461.6).
(b) (1) Of the funding described in subdivision (a), funding is hereby allocated to the State Department of Social Services to provide childcare providers with a monthly cost of care plus rate increase commencing July 1, 2026. The increase per child shall be equal to the amount calculated in subparagraph (C) of paragraph (2).
(2) The Department of Finance shall make the following calculations based on data provided by the State Department of Social Services:
(A) The total cost of providing the statutory cost-of-living adjustment for childcare programs in the 2026–27 fiscal year pursuant to Section 42238.15 of the Education Code for the subsidized childcare programs described in subdivision (a).
(B) The estimated cost of providing the monthly cost of care plus rates described in subparagraph (E) of paragraph (2) of subdivision (c) of Section 10277.1 and paragraph (3) of subdivision (c) of Section 10277.2 in the 2026–27 fiscal year based on the estimates of child enrollment in 2026–27 provided by the State Department of Social Services.
(C) Divide the amount calculated in subparagraph (A) by the amount calculated in subparagraph (B).
(D) Notwithstanding any other law, the cost-of-living adjustment for the 2026–27 fiscal year shall be 2.009 percent for the purpose of the calculation in this paragraph.
SEC. 31.
Section 10280 of the Welfare and Institutions Code is amended to read:10280.
(a) The department, in collaboration with the State Department of Education, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.
(2) When establishing standards and assigned reimbursement rates, the department and the State Department of Education shall confer with applicant agencies.
(3) The reimbursement system, including standards and rates, shall be submitted to the Joint Legislative Budget Committee.
(4) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
(b) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand eight hundred eighty-eight dollars ($12,888) and, commencing with the 2022–23 fiscal year, shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15 of the Education Code.
(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following:
(A) The 75th percentile of the 2018 regional market rate survey.
(B) The contract per-child reimbursement amount as of December 31, 2021.
(2) (A) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1). The department shall have discretion in determining how funding may be used to increase the rates, including, but not limited to, providing one-time lump-sum payments. The department may contract with another entity to distribute this funding to contractors.
(B) Notwithstanding any other law, contracts or grants awarded pursuant to this subparagraph shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual and shall not be subject to review or approval of the Department of General Services.
(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted and information shall include, but not be limited to, all of the following:
(A) Address, including ZIP Code.
(B) Race and ethnicity.
(C) Gender.
(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
(E) What types of federal relief funds have been received from the state.
(F) Use of federal relief funds received.
(G) Documentation that the provider met certifications as required by federal law.
(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
(d) Notwithstanding subdivision (b), for the 2023–24, 2024–25, and 2025–26 fiscal years, the cost-of-living adjustments required pursuant to subdivision (b) shall instead be zero. It is the intent of the Legislature that any adjustment in the 2023–24 and 2024–25 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill.
(e) Notwithstanding any other law, childcare and development programs shall not receive a cost-of-living adjustment in the 2026–27 fiscal year except for childcare resource and referral programs (Chapter 2 (commencing with Section 10217)) and local childcare and development planning councils (Chapter 31 (commencing with Section 10480)), which shall receive a 2.009-percent cost-of-living adjustment.
(f) Commencing July 1, 2025, and through June 30, 2026, if a program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement shall be based on the lesser of the following:
(1) The maximum reimbursable amount stated in the contract.
(2) Net reimbursable program costs.
(g) Commencing July 1, 2026, contract reimbursement shall be based on the lesser of the following:
(1) The maximum reimbursable amount stated in the contract.
(2) Net reimbursable program costs.
(3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.
(h) Commencing July 1, 2025, and through June 30, 2026, reimbursement for family childcare home education network providers funded through migrant childcare and development programs pursuant to Chapter 6 (commencing with Section 10235), general childcare and development programs pursuant to Chapter 7 (commencing with Section 10240), or childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) shall receive 100 percent of reimbursement based on the family’s certified need for services at the maximum authorized hours of care less any allowable administrative expenses withheld by the contractor.
(i) If subdivision(h) is in conflict with a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
SEC. 32.
Section 10290 of the Welfare and Institutions Code is amended to read:10290.
(a) The department, in consultation with the State Department of Education, shall establish a fee schedule for families using preschool and childcare and development services pursuant to this part including families receiving services pursuant to paragraph (1) of subdivision (b) of Section 10271. It is the intent of the Legislature that the new fee schedule shall be simple and easy to implement.(b) The family fee schedule shall retain a single flat monthly fee per family. The schedule shall differentiate between fees for part-time care and full-time care.
(c) Using the most recently approved family fee schedule pursuant to subdivision (e) of Section 10436, families shall be assessed a single flat monthly fee for all state-subsidized services, including California state preschool program services administered by the State Department of Education, based on income, certified family need for full-time or part-time care services, and enrollment, and shall not be based on actual attendance. No recalculation of a family fee shall occur if attendance varies from enrollment unless a change in need for care is assessed, as requested by the parent.
(d) Family fees shall not be based on the cost of care or amount of subsidy payment.
(e) (1) The department shall design the new family fee schedule based on the most recent census data available on state median family income in the past 12 months, adjusted for family size, according to the methodology provided in subdivision (c) of Section 10271.5. The department shall first submit the adjusted fee schedule to the Department of Finance for approval.
(2) Commencing October 1, 2023, both of the following apply:
(A) The revised fees described in paragraph (1) shall not exceed 1 percent of the family’s monthly income.
(B) A family with an adjusted monthly family income below 75 percent of the state median family income shall not be charged or assessed a family fee.
(f) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 shall not be included in total countable income for purposes of determining the amount of the family fee.
(g) Family fees shall be assessed at initial enrollment and reassessed at update of certification or recertification.
(h) The implementation of this section shall comply with the requirements specified in subdivision (h) of Section 10271.
(i) Notwithstanding any other provision of this chapter, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of Chapter 116 of the Statutes of 2021.
(j) Notwithstanding any other provision of this chapter, family fees shall not be collected for the 2022–23 fiscal year.
(k) During the 2022–23 fiscal year, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees.
(l) (1) Notwithstanding any other provision of this chapter, family fees shall not be collected between July 1, 2023, and September 30, 2023, inclusive.
(2) Between July 1, 2023, and September 30, 2023, inclusive, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees.
(3) Notwithstanding any other law, federal funds that were previously appropriated in Sections 263 and 265 of Chapter 116 of the Statutes of 2021 to expand childcare access slots and provide for family fee waivers and the reimbursement for waived family fees shall be available in the 2023–24 fiscal year in an amount that is equal to the cost to extend family fee waivers between July 1, 2023, and September 30, 2023, inclusive, for all families receiving subsidized childcare services from childcare providers through programs administered by the State Department of Social Services pursuant to Chapter 3 (commencing with Section 10225), Chapter 6 (commencing with Section 10235), Chapter 7 (commencing with Section 10240), Chapter 8 (commencing with Section 10250), Chapter 9 (commencing with Section 10260), Chapter 21 (commencing with Section 10370), and Section 11461.6.
(m) (1) No later than January 1, 2027, contractors shall reimburse subsidized childcare providers for the full amount of the certificate or voucher without deducting family fees and shall collect family fees pursuant to this section.
(2) The department shall work with any contractor in need of technical assistance in order to come into compliance with this subdivision.
(n) Family fees accrued but uncollected prior to October 1, 2023, may be forgiven and not collected.
(o) (1) A childcare provider paid with childcare subsidies, including, but not limited to, a family childcare home provider participating in a family childcare home education network, shall not absorb a reduction in pay for the contracted childcare space or voucher on account of a waiver of or reduction in family fees.
(2) The number of childcare contracted spaces and vouchers shall not be reduced on account of a reduction in the collection of family fees.
(3) Fifty-six million dollars ($56,000,000) is hereby appropriated from the General Fund to the State Department of Social Services in fiscal year 2023–24 to reimburse childcare providers described in paragraph (1) for family fees waived or reduced pursuant to paragraph (2) of subdivision (e).
SEC. 33.
Section 10309.8 is added to the Welfare and Institutions Code, to read:10309.8.
(a) (1) Subject to subdivision (f), the department is authorized to transfer funding, including funds that are not allocated to contracts or otherwise fully expended, across and within alternative payment programs described in Chapter 3 (commencing with Section 10225) of this part, including, but not limited to, the Migrant Alternative Payment Program.(2) Subject to subdivision (f), the department is authorized to transfer funding, including funds that are not allocated to contracts or otherwise fully expended, across and within the following programs:
(A) Migrant childcare and development programs described in Chapter 6 (commencing with Section 10235) of this part.
(B) General childcare and development programs described in Chapter 7 (commencing with Section 10240) of this part.
(C) Family childcare home education networks described in Chapter 8 (commencing with Section 10250) of this part.
(D) Childcare and development programs for children with severe disabilities as described in Chapter 9 (commencing with Section 10260) of this part.
(b) The department shall establish criteria for transfers of funding under this section that prioritize the following:
(1) Maintaining funding for subsidized childcare services in the same county or region in which the initial award was issued.
(2) Maintaining funding within the same program type for which the funds were initially issued.
(3) Providing funds to contractors in good standing.
(4) Providing funds to areas outside of the county or region where the initial award was issued if the department determines circumstances warrant the directed funds.
(5) Supporting populations in areas that the department determines would benefit from increased funding opportunities.
(6) Supporting contractors that the department determines have the ability to immediately provide childcare services in response to exigent circumstances.
(c) The department shall review subsidized childcare awards and contracts on an individual basis to determine a contractor’s readiness to serve children pursuant to the initial award. If the department determines that the contractor has not made sufficient progress toward serving children with awarded or allocated funds, the department may partially or fully redirect those funds across and within programs as specified in subdivision (a), subject to subdivision (b).
(d) 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 administer and implement this section, in whole or in part, by means of childcare bulletins or similar instructions from the department until regulations are adopted.
(e) By no later than October 1 of each year, the department shall update the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the Legislative Analyst’s Office on transfers made pursuant to this section. The update shall include all of the following information:
(1) The amount of funds transferred pursuant to this section during the prior year, disaggregated by program, and the number of slots associated with these funds.
(2) The amount of funds transferred pursuant to this section to another childcare and development program.
(3) The amount of funds transferred pursuant to this section that remained within the same childcare and development program.
(f) (1) This section shall only be implemented to the extent not prohibited by federal law, regulation, and directives.
(2) This section shall only be implemented if, and to the extent to which, the department determines that children served by the programs specified in subdivision (a) may be provided with better service through the redirection of funds across and within those programs.
SEC. 34.
Section 10310.2 is added to the Welfare and Institutions Code, to read:10310.2.
(a) Subject to an appropriation made by the Legislature for this purpose, the department shall administer and implement a program for disaster-related infrastructure grants, in accordance with the requirements, conditions, and allowable uses established by the applicable funding source, to support childcare facilities that are listed in subdivision (b) and that are impacted by a state-or federally declared disaster.(b) The department shall award the disaster-related infrastructure grants described in subdivision (a) on a competitive or noncompetitive basis, as determined by the department and in accordance with this section, to any of the following:
(1) A childcare center or family childcare home serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225).
(2) A childcare center or family childcare home serving children in a migrant childcare and development program pursuant to Chapter 6 (commencing with Section 10235).
(3) A childcare center or family childcare home serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.
(4) A childcare center or family childcare home serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240).
(5) A family childcare home serving children pursuant to Chapter 8 (commencing with Section 10250).
(6) An entity providing childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260).
(7) A childcare center or family childcare home serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370).
(8) A childcare center or family childcare home serving children through the Emergency Child Care Bridge Program for Foster Children pursuant to Section 11461.6.
(9) Any licensed childcare facility, or a tribal childcare program operating pursuant to tribal law or regulations, that provides services in an area impacted by a state- or federally declared disaster.
(c) The department shall award disaster-related infrastructure grants in accordance with funding received for either of the following purposes:
(1) Renovation and repair of existing childcare facilities that have been damaged or otherwise impacted as a result of a state- or federally declared disaster.
(2) Repair or replacement of materials, supplies, furnishings, outdoor play spaces, and nonfixed equipment that have been damaged, destroyed, or otherwise impacted as a result of a state- or federally declared disaster.
(d) The department shall award grants to applicants based on criteria, as established by the department, in a manner consistent with this section. The department shall release guidance to the public outlining the criteria for grant awards and the application process.
(e) The department shall give priority based on criteria established by the department for grant funding, which may include prioritizing applicants that are currently serving subsidized children in facilities described in subdivision (b) and who are not eligible for federal funding for these purposes.
(f) The department shall determine the appropriate grant amount for each grantee, based on factors that include, but are not limited to, the scope of the project, regional costs, the use of universal design to provide inclusive environments, the need to meet licensing requirements or health and safety standards, and the proportion of children receiving subsidies to be served.
(g) The department shall establish the terms and conditions associated with accepting the infrastructure grant funds awarded pursuant to this section.
(h) The grant program shall offer technical assistance to potential applicants before being awarded a grant, including, but not limited to, project development support and financial expertise, including assistance with coordinating financing from multiple sources.
(i) Disaster-related infrastructure grant recipients shall provide program data to the department, as specified by the department, and shall participate in overall program evaluation.
(j) The department, with the concurrence of the Department of Finance, may establish an appropriate method, process, and structure for grant management, fiscal accountability, and technical assistance and supports for grantees that ensure transparency and accountability in the use of state funds. The department, at its discretion, may set aside a percentage of the amounts appropriated for the program to contract with one or more community development financial intermediaries, state financial entities, or other community-based organizations for these purposes.
(k) For purposes of this section, the following definitions apply:
(1) “Disaster-related infrastructure grant” means an infrastructure grant made available to, at least in part, support a childcare facility for either of the purposes identified in subdivision (c), following the declaration of a state- or federally declared disaster.
(2) “State- or federally declared disaster” means a circumstance in which a childcare and development provider or preschool provider is operating subject to an emergency or major disaster declaration by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), or subject to an emergency proclamation by the Governor, on behalf of the impacted local government, as authorized pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). A “state- or federally declared disaster” may include, but is not limited to, a fire, flood, earthquake, or period of civil unrest, subject to the conditions described in this subdivision.
(l) A grantee that receives funds under this section shall use these funds to supplement, and not supplant, other federal, state, and local public funds expended for these purposes.
(m) 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 by means of all-county letters or similar instructions.
SEC. 35.
Section 10370.5 of the Welfare and Institutions Code is amended to read:10370.5.
(a) Current CalWORKs recipients are eligible for all childcare services under this chapter as long as they continue to receive aid under Chapter 2 (commencing with Section 11200) of Part 3, or any successor program. Family size and income, for purposes of calculating family fees, shall be determined pursuant to Section 10271.(b) A CalWORKs childcare recipient shall not participate in more than one stage of childcare at any given time.
SEC. 36.
Section 10388 of the Welfare and Institutions Code is amended to read:Showing the opening sections of a long bill. Connect Plus has the full text and every earlier version of AB 150.Compare versions