2005 California Education Code Sections 8235-8237 Article 7. State Preschool Programs

8235.  (a) The Superintendent of Public Instruction shall administer
all state preschool programs in accordance with the funding
priorities set forth in Section 8236.  Those programs shall include,
but not be limited to, part-day and preschool appropriate programs
for prekindergarten children three to five years of age 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) Federal Headstart funds used to provide services to families
receiving state preschool services shall be deemed nonrestricted
funds.
   (c) Priority for receiving state preschool services shall be given
to low-income families who meet the eligibility standards as
established by the Superintendent of Public Instruction, in
accordance with the priorities set forth in Section 8236.
   (d) Reimbursement for state preschool programs shall be on a per
capita basis, as determined by the Superintendent of Public
Instruction.
   (e) Any agency described in subdivision (c) of Section 8208 as an
"applicant or contracting agency" is eligible to contract to operate
a state preschool program.
8236.  (a) For purposes of this section, the following definitions
apply:
   (1) "Eligible children" means children who are currently eligible
for the state preschool program.
   (2) "Four-year-old children" means those children who will have
their fourth birthday on or before December 2 of the fiscal year in
which they are enrolled in a state preschool program.
   (3) "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.
   (4) "Superintendent" means the Superintendent of Public
Instruction.
   (5) "Three-year-old children" means those children who will have
their third birthday on or before December 2 of the fiscal year in
which they are enrolled in a state preschool program.
   (b) (1) Each applicant or contracting agency funded pursuant to
Section 8235 shall give first priority to neglected or abused
children who are recipients of child protective services, or
recipients who are at risk of being neglected or abused, 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) After children in the first priority category set forth in
paragraph (1) are served, each agency funded pursuant to Section 8235
shall serve eligible four-year-old children prior to serving
eligible three-year-old children.  Each agency shall certify to the
superintendent that enrollment priority is being given to eligible
four-year-old children.
   (c) For state preschool programs operating with funding that was
initially allocated in a prior fiscal year, at least half the
children enrolled at a preschool site shall be four-year-olds.  Any
exception to this requirement shall be approved by the
superintendent.  The superintendent shall inform the Secretary of
Child Development and Education of any exceptions that have been
granted.
   (d) The following provisions apply to the award of any new funding
for the expansion of the 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 8289, 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.
   (3) (A) Agencies that receive funding for the expansion of a state
preschool program shall enroll children in the following priority
order:
   (i) Neglected or abused children who are recipients of child
protective services, or recipients who are at risk of being neglected
or abused, upon written referral from a legal, medical, or social
services agency.
   (ii) Four-year-old children who are eligible for the state
preschool program.
   (B) Otherwise, children shall be enrolled based on other statutory
and regulatory priorities for the state preschool program.
   (e) 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 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 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 state preschool program.
   (f) 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.
8237.  A state preschool program applicant or 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.