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2007 California Education Code Article 7. State Preschool Programs
CA Codes (edc:8235-8239)
EDUCATION CODESECTION 8235-8239
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 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 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. (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. 8238. As a condition of receipt of funds pursuant to Section 8238.4, a participating program shall include, but not be limited to, both of the following: (a) Age and developmentally appropriate activities for children in participating classrooms that are designed to facilitate their transition to kindergarten. (b) Opportunities for parents and legal guardians to work with their children on interactive literacy activities. For purposes of this subdivision, "interactive literacy activities" means activities in which parents or legal guardians actively participate in facilitating the acquisition by their children of prereading skills through guided activities such as shared reading, learning the alphabet, and basic vocabulary development. 8238.1. As a condition of receipt of funds pursuant to Section 8238.4, a participating program shall coordinate the provision of all of the following: (a) Parenting education for parents and legal guardians of children in participating classrooms to support the development by their children of literacy skills. Parenting education shall include, but not be limited to, instruction in all of the following: (1) Providing support for the educational growth and success of their children. (2) Improving the parent-school communications and parental understanding of school structures and expectations. (3) Becoming active partners with teachers in the education of their children. (b) Referrals, as necessary, to providers of instruction in adult education and English as a second language in order to improve the academic skills of parents and legal guardians of children in participating classrooms. 8238.2. A local educational agency or a participating program on behalf of one or more participating programs may select a family literacy and education coordinator whose duties may include all of the following: (a) Developing a system to coordinate the provision of literacy services to families at the local educational agency and community level. (b) Creating an organizational partnership between each program provider and an adult education program operated by a local educational agency or other community provider, as needed. (c) Promoting parental involvement in participating classrooms. 8238.3. As a condition of receipt of funds pursuant to Section 8238.4, a participating program shall provide staff development for teachers in participating classrooms that includes, but is not limited to, all of the following: (a) Development of a pedagogical knowledge including, but not limited to, improved instructional strategies. (b) Knowledge and application of developmentally appropriate assessments of the prereading skills of children in participating classrooms. (c) Information on working with families, including the use of on site coaching, for guided practice in interactive literacy activities. 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 (,000,000) is available for expenditure by the Superintendent as follows: (a) (1) Forty-five million dollars (,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 at budget hearings the number of children who are being served with the funds described in paragraph (1). 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 (,000,000) to be distributed to each participating class at a rate of two thousand five hundred dollars (,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. (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. 8238.5. Subject to the availability of funds for purposes of this section, as described in subdivision (c) of 8238.4, the Superintendent shall conduct an evaluation of the effectiveness of prekindergarten and family literacy programs established pursuant to this article. To the extent feasible, the evaluation shall do both of the following: (a) Rely on quantifiable measures of academic achievement of participating children, including, but not limited to, performance on the Standardized Testing and Reporting Program test and the English language development test administered in grade 3. (b) Estimate the costs and benefits of the programs. 8238.6. Notwithstanding any other provision of law, up to five million dollars (,000,000) of unearned contract funds appropriated in Schedule (1.5)(a) of Item 6110-196-0001 of Section 2.00 of the Budget Act of 2005 (Ch. 38, Stats. 2005) for general child care programs is available for expenditure by the Superintendent to provide direct child care services for children in participating classrooms to meet the child care needs of parents for the portion of each day that is not covered by services provided as part of a preschool program pursuant Section 8238.4. 8239. The Superintendent shall encourage state preschool program applicants or contracting agencies to offer full-day services through a combination of part-day preschool slots and part-day general child care and development programs. In order to facilitate a full-day of services, all of the following shall apply: (a) Part-day preschool programs provided pursuant to this section shall operate between 175 and 180 days. (b) Part-day general child care and development programs provided pursuant to this section may operate a minimum of 246 days per year unless the child development contract specified a lower minimum days of operation. Part-day general child care and development programs may operate a full-day for the remainder of the year after the completion of the preschool program. (c) Full day services provided under this section shall be reimbursed at no more than the standard reimbursement rate with adjustment factors. (d) Notwithstanding any provision of law, to be eligible for part-day child care, a child who is enrolled in a preschool program shall be required to meet the eligibility requirements specified in paragraph (4) of subdivision (a) of Section 8238.4 and the requirements pursuant to Sections 8263 and 8263.1 at the time of enrollment in a preschool. Subsequent to enrollment, a child shall be deemed eligible for part-day care as long as the child is enrolled in a preschool program.
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