BILL NUMBER: AB 2759 CHAPTERED
BILL TEXT
CHAPTER 308
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2008
APPROVED BY GOVERNOR SEPTEMBER 26, 2008
PASSED THE SENATE AUGUST 26, 2008
PASSED THE ASSEMBLY AUGUST 29, 2008
AMENDED IN SENATE AUGUST 22, 2008
AMENDED IN SENATE AUGUST 20, 2008
AMENDED IN SENATE AUGUST 12, 2008
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 24, 2008
AMENDED IN ASSEMBLY APRIL 3, 2008
INTRODUCED BY Assembly Member Jones
(Principal coauthor: Senator Steinberg)
(Coauthors: Assembly Members Brownley, Coto, Huffman, Krekorian,
Laird, Mullin, and Nunez)
(Coauthor: Senator Wiggins)
FEBRUARY 22, 2008
An act to amend Sections 8208, 8235, 8236, 8237, 8238.4, 8264.5,
and 8266.1 of, to amend the heading of Article 7 (commencing with
Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 of, and
to add Sections 8236.1 and 8236.2 to, the Education Code, relating
to child care and development services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2759, Jones. State preschool programs: reform.
(1) Existing law requires the Superintendent of Public Instruction
to administer state preschool programs, including part-day and
preschool appropriate programs for low-income or otherwise
disadvantaged prekindergarten age children.
This bill would recast those provisions as the California state
preschool program, which would include both part-day and full-day
education programs for 3- and 4-year-old children.
(2) Existing law requires the Superintendent to administer child
care and development programs, which include programs that offer a
full range of services for children from infancy to 13 years of age
for any part of a day.
This bill would delete campus child care and development programs
and child abuse protection and prevention services from the
definition of child care and development programs.
(3) Existing law requires the Superintendent to administer
preschool programs in accordance with specified funding priorities.
This bill would revise those funding priorities.
The bill would establish minimum hours per day and days per year
for part-day and full-day California state preschool programs. The
bill would require fees to be assessed and collected for families
with children in full-day programs in accordance with fee schedules
established by the Superintendent for families utilizing child care
and development services, and would prohibit fees from being assessed
for families whose children are enrolled in part-day programs.
(4) Existing law, for state preschool programs operating with
funding that was initially allocated in a prior fiscal year, requires
at least 1/2 of the children enrolled at the preschool site to be 4
years old, and requires any exception to be approved by the
Superintendent, and the Superintendent is required to inform the
Secretary of Child Development and Education of any exceptions that
have been granted.
This bill would instead require the Superintendent to inform the
Secretary for Education and the Department of Finance, and would also
require the Superintendent to inform those entities of the reasons
the exceptions were granted.
(5) Existing law establishes an enrollment priority for agencies
that receive funding for the expansion of a state preschool program.
This bill would delete that enrollment priority. The bill would
require the State Department of Education to annually monitor funding
utilized in child care and development programs for infants and
toddlers and hours of service provided in the California state
preschool program, and to annually report on specified matters to the
Department of Finance and the Legislature.
(6) Existing law requires a state preschool program contracting
agency to certify eligibility and enroll families within a specified
timeframe each year.
This bill would specify that subsequent to enrollment, a child
shall be deemed eligible for a part-day California state preschool
program for the remainder of the program year. The bill would
establish reimbursement rates for California state preschool program
contracting agencies that offer full-day services to parents who have
a qualifying need.
(7) Existing law provides for the allocation of funds for
expenditure by the Superintendent for specified child development and
preschool programs that serve children who would attend kindergarten
in the subsequent academic year.
This bill would specify that those programs may participate in
California state preschool programs, and would restrict the
allocation of specified funds to eligible programs that were eligible
to receive funding in the 2007-08 fiscal year.
(8) The bill would become operative on July 1, 2009, and only if
SB 1629 of the 2007-08 Regular Session of the Legislature is enacted
and becomes effective on or before January 1, 2009.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8208 of the Education Code is amended to read:
8208. As used in this chapter:
(a) "Alternative payments" includes payments that are made by one
child care agency to another agency or child care provider for the
provision of child care and development services, and payments that
are made by an agency to a parent for the parent's purchase of child
care and development services.
(b) "Alternative payment program" means a local government agency
or nonprofit organization that has contracted with the department
pursuant to Section 8220.2 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 child
care and development facility. "Attendance," for the purposes of
reimbursement, includes 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.
(f) "Capital outlay" means the amount paid for the renovation and
repair of child care and development facilities to comply with state
and local health and safety standards, and the amount paid for the
state purchase of relocatable child care and development facilities
for lease to qualifying contracting agencies.
(g) "Caregiver" means a person who provides direct care,
supervision, and guidance to children in a child care and development
facility.
(h) "Child care and development facility" means any residence or
building or part thereof in which child care and development services
are provided.
(i) "Child care 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 child care homes. These programs include, but are
not limited to, all of the following:
(1) General child care and development.
(2) Migrant child care and development.
(3) Child care 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) California state preschool program.
(5) Resource and referral.
(6) Child care and development services for children with
exceptional needs.
(7) Family child care home education network.
(8) Alternative payment.
(9) Schoolage community child care.
(j) "Child care 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 child care setting.
(2) Children ages 3 to 21 years, 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 Sections 56333 to 56338, inclusive,
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 child care
setting. These children include children with mental retardation,
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 child care 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 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 child care home education network" means an entity
organized under law that contracts with the department pursuant to
Section 8245 to make payments to licensed family child care home
providers and to provide educational and support services to those
providers and to children and families eligible for state-subsidized
child care and development services. A family child care home
education network may also be referred to as a family child care 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 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.
(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) "Limited-English-speaking-proficient and
non-English-speaking-proficient children" means children who are
unable to benefit fully from an English-only child care and
development program as a result of either of the following:
(1) Having used a language other than English when they first
began to speak.
(2) Having a language other than English predominantly or
exclusively spoken at home.
(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
8244 and 8360.1, is qualified to serve as a program director.
(w) "Proprietary child care agency" means an organization or
facility providing child care, 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
mental retardation. "Severely disabled children" 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.
(z) "Short-term respite child care" means child care 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. Child
care is provided for less than 24 hours per day in child care
centers, treatment centers for abusive parents, family child care
homes, or in the child's own home.
(aa) (1) "Site supervisor" means a person who, regardless of his
or her title, has operational program responsibility for a child care
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 child care and development program
operating in a single site. The Superintendent may waive the
requirements of this subdivision if the Superintendent determines
that the existence of compelling need is appropriately documented.
(2) For California state preschool programs, a site supervisor may
qualify under any of the provisions in this subdivision, or may
qualify by holding an administrative credential or an administrative
services credential. A person who meets the qualifications of a site
supervisor under both Section 8244 and subdivision (e) of Section
8360.1 is also qualified under this subdivision.
(ab) "Standard reimbursement rate" means that rate established by
the Superintendent pursuant to Section 8265.
(ac) "Startup costs" means those expenses an agency incurs in the
process of opening a new or additional facility prior to 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 child care 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 child care and
development program services to the need for these services is low,
as determined by the Superintendent.
(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) "Three-year-old children" means children who will have their
third birthday on or before December 2 of the fiscal year in which
they are enrolled in a California state preschool program.
(aj) "Four-year-old children" means children who will have their
fourth birthday on or before December 2 of the fiscal year in which
they are enrolled in a California state preschool program.
(ak) "Local educational agency" means a school district, a county
office of education, a community college district, or a school
district on behalf of one or more schools within the school district.
SEC. 2. The heading of Article 7 (commencing with Section 8235) of
Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code
is amended to read:
Article 7. California State Preschool Programs
SEC. 3. Section 8235 of the Education Code is amended to read:
8235. (a) The Superintendent shall administer all California
state preschool programs. Those programs shall include, but not be
limited to, part-day and full-day age and developmentally appropriate
programs for three- and four-year old children in educational
development, health services, social services, nutritional services,
parent education and parent participation, evaluation, and staff
development. Preschool programs for which federal reimbursement is
not available shall be funded as prescribed by the Legislature in the
Budget Act, and unless otherwise specified by the Legislature, shall
not utilize federal funds made available through Title XX of the
Social Security Act (42 U.S.C. Sec. 1397).
(b) Three- and four-year-old children are eligible for the
part-day California state preschool program if the family meets at
least one of the criteria specified in paragraph (1) of subdivision
(a) of Section 8263.
(c) Notwithstanding any other provision of 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 Sections 8263 and 8263.1,
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.
(d) A part-day California state preschool program shall operate
for a minimum of (1) three hours per day, excluding time for
home-to-school transportation, and (2) a minimum of 175 days per
year, unless the contract specifies a lower number of days of
operation.
(e) Three- and four-year-old children are eligible for full-day
California state preschool program services if the family meets at
least one of the criteria specified in paragraph (1) of subdivision
(a) of Section 8263, and the parents meet at least one of the
criteria specified in paragraph (2) of subdivision (a) of Section
8263.
(f) A full-day California state preschool program shall operate
(1) full time determined by the number of hours necessary to meet the
child care and development needs of families, and (2) a minimum of
246 days per year, unless the contract specifies a lower number of
days of operation.
(g) Fees shall be assessed and collected for families with
children in the full-day California state preschool program pursuant
to subdivisions (g) and (h) of Section 8263. Fees shall not be
assessed for families whose children are enrolled in the part-day
California state preschool program.
(h) Any agency described in subdivision (c) of Section 8208 as an
"applicant or contracting agency" is eligible to contract to operate
a California state preschool program.
SEC. 4. Section 8236 of the Education Code is amended to read:
8236. (a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused 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 resource and referral services so that
services for the child can be located.
(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children prior to enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
(b) For California state preschool programs operating with funding
that was initially allocated in a prior fiscal year, at least
one-half of the children enrolled at a preschool site shall be
four-year-old children. Any exception to this requirement shall be
approved by the Superintendent. The Superintendent shall inform the
Secretary for Education and the Department of Finance of any
exceptions that have been granted and the reasons for granting the
exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year:
(1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters preferences and eligibility criteria relating to fiscal
or programmatic noncompliance established pursuant to Section 8261,
shall give priority to applicant agencies that, in expending the
expansion funds, will be serving the highest percentage of
four-year-old children.
(d) Nothing in this section shall be deemed to preclude a local
educational agency from subcontracting with an appropriate public or
private agency to operate a California state preschool program and to
apply for funds made available for the purposes of this section. If
a school district chooses not to operate or subcontract for a
California state preschool program, the Superintendent shall work
with the county office of education and other eligible agencies to
explore possible opportunities in contracting or alternative
subcontracting to provide a California state preschool program.
(e) Nothing in this section shall prevent eligible children who
are currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
SEC. 5. Section 8236.1 is added to the Education Code, to read:
8236.1. The department shall annually monitor funding utilized in
general child care and development programs for infants and
toddlers, 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 utilized for infants and toddlers, and the number
of preschool age children receiving part-time and full-time
development services. The annual report shall include a comparison to
the prior year on a county-by-county basis.
SEC. 6. Section 8236.2 is added to the Education Code, to read:
8236.2. (a) The Superintendent shall encourage California state
preschool program contracting agencies to offer full-day services to
parents who have a qualifying need.
(b) Part-day services shall be reimbursed on a per capita basis,
as determined by the Superintendent.
(c) Full-day services shall be reimbursed at no more than the
standard reimbursement rate with adjustment factors.
(d) Federal Head Start funds used to provide services to families
receiving California state preschool services shall be deemed
nonrestricted funds.
SEC. 7. Section 8237 of the Education Code is amended to read:
8237. A part-day California state preschool program contracting
agency has 120 calendar days prior to the first day of the beginning
of the new preschool year to certify eligibility and enroll families
into their program. Subsequent to enrollment, a child shall be deemed
eligible for a part-day California state preschool program for the
remainder of the program year.
SEC. 8. Section 8238.4 of the Education Code is amended to read:
8238.4. Of funds appropriated in Schedule (1) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 48,
Stats. 2006) for child development and preschool programs, fifty
million dollars ($50,000,000) is available for expenditure by the
Superintendent as follows:
(a) (1) Forty-five million dollars ($45,000,000) to reimburse
participating programs on a per-child basis at the same rate that is
used for the state preschool program, as determined in the annual
Budget Act or other statute.
(2) The funds described in paragraph (1) shall be assigned to
programs located in the attendance area of elementary schools in
deciles 1 to 3, inclusive, based on the 2005 base Academic
Performance Index pursuant to Section 52056. Within elementary
schools in deciles 1 to 3, inclusive, based on the 2005 base Academic
Performance Index, preference shall be provided to underserved areas
as described in subdivision (d) of Section 8279.3. If the funds
described in paragraph (1) are offered under a new competitive
bidding process after January 1, 2008, due to the termination,
suspension, or relinquishment of an original contract award and in
order to maintain an existing class, the department shall assign
first priority to successful applicants that will maintain that class
within the attendance area of the elementary school as originally
granted.
(3) Notwithstanding any other provision of law, programs receiving
funding in this section shall serve children who would attend
kindergarten in the subsequent academic year. No child shall receive
services from a program under this section for more than one year.
(4) Notwithstanding any other provision of law, a program
receiving funding pursuant to this section may provide services to
children in families above the income eligibility threshold, as
described in Sections 8263 and 8263.1, if the number of contracted
slots exceed the number of eligible children. No more than 20 percent
of contracted slots, calculated throughout the participating program'
s entire contract, may be filled by children in families above the
income eligibility threshold.
(5) The department shall report to the Department of Finance and
the Legislature in the annual report specified in Section 8236.1 and
in the same format used for the annual report, the number of children
who are being served by the California state preschool program. The
report shall also include the number of children served above the
income eligibility threshold and the age of all children served.
(b) (1) Five million dollars ($5,000,000) to be distributed to
each participating class at a rate of two thousand five hundred
dollars ($2,500) per class per school year. Funds received pursuant
to this subdivision may be used for all of the following purposes:
(A) Compensation and support costs for program coordinators as
described in Section 8238.2.
(B) Staff development pursuant to Section 8238.3.
(C) Family literacy services.
(D) Instructional materials, including consumables.
(2) In the event that the total amount described in paragraph (1)
is insufficient to fund all of the participating class at the per
classroom rate described in that paragraph, the class rate shall be
prorated accordingly.
(3) Eligibility to receive funding pursuant to this subdivision is
restricted to participating programs that were eligible to receive
funding pursuant to this section in the 2007-08 fiscal year.
(c) The appropriation of funds for purposes of this section beyond
the amounts described in this section shall be pursuant to the
annual Budget Act or other statute.
(d) Notwithstanding the provisions of this section to the
contrary, programs receiving funding pursuant to this section may
participate in all California state preschool programs administered
by the Superintendent pursuant to Section 8235.
SEC. 9. Section 8264.5 of the Education Code is amended to read:
8264.5. The Superintendent may waive or modify child development
requirements in order to enable child development programs to serve
combinations of eligible children in areas of low population. The
child development programs for which the Superintendent may grant
waivers shall include, but need not be limited to, California state
preschool full-day programs, child care 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),
infant care and development services, migrant child care and
development programs, and general child care and development
programs.
SEC. 10. Section 8266.1 of the Education Code is amended to read:
8266.1. Commencing with the 1995-96 fiscal year and each fiscal
year thereafter, for the purposes of this chapter, reimbursement
rates shall be adjusted by the following reimbursement factors for
child care and development programs with a standard reimbursement
rate, but shall not apply to the Resource and Referral Programs set
forth in Article 2 (commencing with Section 8210), the Alternative
Payment Programs set forth in Article 3 (commencing with Section
8220), the part-day California state preschool programs set forth in
Article 7 (commencing with Section 8235), the schoolage community
child care services programs set forth in Article 22 (commencing with
Section 8460), or to the schoolage parent and infant development
programs:
(a) For child care and development providers serving children for
less than four hours per day, the reimbursement factor is 55 percent
of the standard reimbursement rate.
(b) For child care and development program providers serving
children for not less than four hours per day, and less than six and
one-half hours per day, the reimbursement factor is 75 percent of the
standard reimbursement rate. For providers operating under the At
Risk Child Care Program set forth in Article 15.5 (commencing with
Section 8350) and serving children for not less than four hours per
day, and less than seven hours per day, the reimbursement factor is
75 percent of the standard reimbursement rate.
(c) For child care and development program providers serving
children for not less than six and one-half hours per day, and less
than 10 and one-half hours per day, the reimbursement factor is 100
percent of the standard reimbursement rate. For providers operating
under the At Risk Child Care Program set forth in Article 15.5
(commencing with Section 8350) and serving children for not less than
seven hours per day, and less than 10 hours per day, the
reimbursement factor is 100 percent of the standard reimbursement
rate.
(d) For child care and development program providers serving
children for 101/2 hours or more per day, the reimbursement factor is
118 percent of the standard reimbursement rate.
SEC. 11. This act shall become operative on July 1, 2009.
SEC. 12. This act shall become operative only if Senate Bill 1629
of the 2007-08 Regular Session of the Legislature is enacted and
becomes effective on or before January 1, 2009.