2007 California Education Code Article 22. School Age Community Child Care Services

CA Codes (edc:8460-8480)

8460.  For the purposes of this article, the State Department of
Education shall develop and coordinate resources, provide technical
assistance, and monitor program implementation, compliance, and
quality in the manner and form prescribed by the Superintendent of
Public Instruction.



8461.  The Superintendent of Public Instruction may adopt any rules,
regulations, guidelines, and administrative directives necessary for
the efficient implementation of this article.



8462.  The Superintendent of Public Instruction shall enter into
local contractual agreements for the delivery of extended day care
services.  The Superintendent of Public Instruction may also enter
into agreements with any public or private entity or agency for the
furnishing of property, facilities, personnel, supplies, equipment,
and administrative services.



8463.  The Superintendent of Public Instruction shall develop
standards for the implementation of cost-effective quality extended
day care programs, the cost of which shall be competitive with local
private market rates.  Indicators of quality may include, but not be
limited to, any of the following:
   (a) A physical environment that is safe and appropriate to the
ages of the children and which meets applicable licensing standards
as defined in Section 8480.
   (b) Transportation or supervision to and from the school to the
extended day care facility when the facility is not on the school
site.
   (c) A diverse school age child population from varying
socioeconomic, racial,  and ethnic backgrounds.
   (d) Extensive use of community resources appropriate to school age
children, including those community resources with a cultural,
recreational, or educational emphasis.
   (e) Program activities that are age appropriate and meet the
developmental needs of each child, including, but not limited to,
academic, creative arts, and support service activities, and
activities for social, emotional, cognitive, linguistic, and physical
development.
   (f) Program activities and services that meet the cultural,
linguistic, and other special needs of children and families served.

   (g) Programs that support the academic growth of the children
served, such as tutoring, homework assistance, and reinforcement of
basic skills.
   (h) Programs that encourage children to participate in organized
and supervised youth groups.
   (i) Family and community involvement.
   (j) Parent education in specific strategies to help their children
succeed in  their academic programs.
   (k) Efficient and effective local program administration.
   (l) Staff that possesses the appropriate and required
qualifications or experience, or both, as required in Section 8360.
Extended day care instructional staff may be selected from persons
qualifying under Section 8360 or state licensing regulations for
school age child day care centers.  The appropriate staff
qualifications shall reflect the diverse linguistic and cultural
makeup of the children and families in the extended day care program.
The use of intergenerational staff shall be encouraged.
   (m) Noninstructional staff may be utilized in the program as
follows:
   (1) Senior citizens may be hired as nonteaching personnel to
perform noninstructional work.
   (2) The director shall train these senior citizens to help care
for children.
   (3) A career ladder shall be utilized in the employment and
promotion of noninstructional personnel.
   (4) Each member shall have had a health examination made within
the 12-month period preceding the date of employment.
   (5) Each member shall submit duplicate personal identification
cards upon which shall appear legible fingerprints and a personal
description of the applicant.
   (n) Provision for nutritional needs of children.
   (o) Provision of, or referral to, support services that include,
but are not limited to, identification of child and family needs.



8464.  Notwithstanding Sections 8463 and 8467, in order to encourage
the provision of cost-effective services, alternative payment
programs shall be eligible to receive funding for extended day care
services in accordance with Section 8221.




8467.  (a) In determining which applicants shall receive funding,
the Superintendent of Public Instruction shall give priority to
applicants that meet the following criteria, each of which shall be
weighted equally:
   (1) The program shall provide care at the public elementary school
site, except in those areas where there is no available space on
school sites.
   (2) Except as provided in Section 8464, the program shall meet the
requirements of Section 8463 in the most cost-effective manner.
"Cost effective," as used in this paragraph, means an agency's
demonstrated ability to utilize existing community resources in
meeting the child's child care needs and providing the support
services that he or she may require.  Criteria for scoring cost
effectiveness may include, but shall not be limited to, the proposed
daily cost for children receiving extended day care authorized
pursuant to this article, which cost shall be competitive with local
private market rates.
   (b) In allocating funds appropriated to carry out this article,
the Superintendent of Public Instruction shall promote access to
extended day care services throughout the state.



8468.5.  (a) Priority for enrollment in programs supported under
this article shall be as follows:
   (1) First priority shall be given to recipients of child
protective services for children who are neglected or abused, or at
risk of being neglected or abused, upon written referral from a
legal, medical, social service, or public agency.  Within this
priority, families with the lowest gross monthly income shall be
admitted first.  When an agency is unable to enroll a child in need
of protective services, the agency shall refer the family to local
resource and referral services to locate services for the child.
   (2) Second priority shall go to children in kindergarten and
grades 1 to 3, inclusive, and their schoolage siblings under the age
of 13 years, whose families need extended day care services because
parents are engaged in vocational training leading directly to a
recognized trade, paraprofession or profession; are employed or
seeking employment; or are incapacitated.  Within this priority,
families with the lowest gross monthly income in relation to family
size shall be admitted  first.
   (3) Third priority shall go to children in grades 4 to 9,
inclusive, and their schoolage siblings under the age of 13 years,
whose families need extended day care services because parents are
engaged in vocational training leading directly to a recognized
trade, paraprofession or profession; are employed or seeking
employment; or are incapacitated.  Within this priority, families
with the lowest gross monthly income in relation to family size shall
be admitted first.
   (4) Agencies may apply to the Superintendent of Public Instruction
for a waiver of these priorities, and it may be subject to criteria
as may be established by the State Department of Education including
all of the following:
   (A) Needs assessment.
   (B) Community concurrence.
   (C) Cost-effectiveness.
   (D) Good faith effort to meet the extended day care needs of the
siblings of children to be serviced.  Nothing in this section alters
the priorities specified in this article but is intended, rather, to
more effectively meet local needs.
   (5) Each program shall serve individuals with exceptional needs,
as defined in Section 56026.  The percentage of children who are
individuals with exceptional needs in each program shall at least
equal the percentage of children in kindergarten and grades 1 to 8,
inclusive, residing in the school district and receiving special
education services, unless the demand for this level of service does
not exist.  Agencies shall report the delivery of services to
children with exceptional needs to the State Department of Education.

   (6) To the extent possible, and within the parameters contained in
this section, programs should serve a mix of children that reflects
substantially the varying socioeconomic, racial, and ethnic
backgrounds of the school district in which the agency is located,
and a mix of subsidized and nonsubsidized children.
   (b) In order for an extended day care program to receive funding,
pursuant to  this article, for a child served, the child's family
shall meet at least one requirement in each of the following areas:
   (1) A family shall be one of the following:
   (A) A recipient of benefits under the Aid to Families with
Dependent Children program, the Supplemental Security Income/State
Supplementary Program, or a general assistance program.
   (B) Income eligible, with first priority to be given to families
with the lowest gross monthly income, adjusted for family size.
"Income eligible," for this purpose, means that a family's adjusted
monthly income is at or below 84 percent of the state median income,
adjusted for family size at the time of initial enrollment, and does
not exceed 100 percent of the state median income, adjusted for
family size.
   (C) 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.
   (2) A family shall need the child care service because the
requirements of either subparagraph (A) or (B) apply.
   (A) The child is identified by a legal, medical, or social service
agency as meeting one or more of the following criteria:
   (i) The child is a recipient of protective services.
   (ii) The child is neglected, abused, or exploited, or at risk of
neglect, abuse, or exploitation.
   (iii) The child has a medical or psychiatric special need that
cannot be met without the provision of extended day care.
   (B) The child's parents meet one of the following criteria:
   (i) The parents are engaged in vocational training leading
directly to a recognized trade, paraprofession, or profession.
   (ii) The parents are employed or seeking employment.
   (iii) The parents are incapacitated, including a medical or
psychiatric need that cannot be met without the provision of extended
day care.
   (c) The Superintendent of Public Instruction shall establish
guidelines according to which the head teacher or a duly authorized
representative of the extended day care program shall certify
children as eligible for state reimbursement pursuant to this
article.
   (d) The Superintendent of Public Instruction may grant specific
waivers to agencies proposing to accept eligible members of special
populations in other than strict income order so long as appropriate
fees are paid.  The waivers may be used to enable agencies to meet
the requirements of this article to serve children with exceptional
needs.



8468.9.  Notwithstanding Sections 8265 and 8266, the cost paid by
the state for each child served by a contracting agency operating
pursuant to this article shall not exceed the fee paid by the
families of nonsubsidized children for the same service offered by
the contracting agency.



8469.  Any school district operating an elementary school may
subcontract with an operating agency for the purpose of providing
extended day care services pursuant to this article.



8469.5.  The governing board of any school district, when granting
the use of  any school facilities or grounds under its control for
school age child care, shall do so in accordance with Section 40043.



8470.  (a) The Superintendent of Public Instruction shall implement
a plan that establishes reasonable and cost-effective standards and
assigned reimbursement rates.  The reimbursement rates established
under this section shall be based upon either child days of
enrollment or child hours of enrollment, at the option of the agency
to be reimbursed.
   The maximum reimbursement rate for a full year of extended day
care service shall not exceed an average of two thousand one hundred
dollars (,100) per child per year in the 1985-86 fiscal year, as
adjusted annually thereafter by the cost-of-living adjustment
established by the Legislature for child care services.
   (b) The superintendent shall review annually the implementation of
the reimbursement rates, based on child days or child hours of
enrollment, established pursuant to subdivision (a), to determine
whether the rates are reasonable, cost-effective, and consistent with
the goal of increasing the availability of affordable child care
services for nonsubsidized children.



8473.  For each program approved for funding pursuant to this
article, the Superintendent of Public Instruction shall subsidize no
more than 50 percent of the total net program costs or 50 percent of
the assigned reimbursement rate multiplied by the total units of
services provided, whichever is less.  The superintendent shall make
the determination required by this section on the basis of child days
of enrollment.



8473.3.  If an extended day care program contractor fails to operate
at 98 percent of the minimum days of operation required in its
contract or ceases operations, or the contract is terminated prior to
the end of the contract term, the maximum reimbursable amount shall
be reduced in proportion to the percentage of the contract minimum
days of operation that the contractor was not in operation.



8473.4.  Parent fees for subsidized children shall be expended for
net reimbursable program costs for additional subsidized children ,
at a rate not to exceed the assigned reimbursement rate.



8473.5.  Subject to Sections 8473 and 8473.3, an agency operating
pursuant to this article shall be reimbursed for net reimbursable
program costs for subsidized children, or for the assigned
reimbursement rate multiplied by subsidized units of service,
whichever is less, minus subsidized parent fees. Nothing in this
article permits the use of any state funding to provide service for
families who do not meet the eligibility criteria set forth in
subdivision (b) of Section 8468.5.



8474.  An applicant agency may request a waiver of Section 8473.
The Superintendent of Public Instruction may waive the conditions in
Section 8473 only when compliance cannot be achieved due to a
scarcity of families who do not meet the requirements for
subsidization specified in Section 8468.5 and for the fee schedule
established under subdivision (e) of Section 8263.  The
Superintendent of Public Instruction may base these waivers on
verified demographic data from the community to be served.
   No program shall be granted a waiver under this section for which
the total net program costs per child served exceed the mean net cost
of community child care for that region per child served by more
than 1.5 market standard deviations.



8475.  Programs funded pursuant to this article shall be deemed to
be child day care facilities, as defined under Section 1596.750 of
the Health and Safety Code, and subject to the California Child Day
Care Act set forth in Chapter 3.4 (commencing with Section 1596.70)
of Division 2 of the Health and Safety Code.  A program may be
exempted from any administrative regulation promulgated pursuant to
the California Child Day Care Act by the Superintendent of Public
Instruction for the sole purpose of qualification for funding, upon
the determination by the superintendent that good cause exists for
the exemption, that the purposes of this article will be so
furthered, and that the exemption will not result in a dangerous or
life-threatening situation.



8476.  In order to maximize program flexibility and cost
effectiveness and to foster innovation and creativity, the
Superintendent of Public Instruction may exempt from any
administrative requirements established under this article any
programs that are recreational in nature.



8477.  (a) It is the intent of the Legislature that funds be
appropriated for the minor renovation and repair of publicly owned
buildings as necessary to meet state licensing standards, and for the
state purchase of relocatable child care and development facilities
for the purpose of providing extended day care services pursuant to
this article, for lease to qualifying agencies in geographic areas
with no available child care and development facilities and, as to
any child care and development facility acquired by a qualifying
agency with funds not including state funds, for the purpose of
reimbursement of initial utility service installation costs.   This
section is applicable only to the proceeds from the sale of bonds
allocated by the State Allocation Board pursuant to subdivision (e)
of Section 100020.
   (b) No relocatable child care and development facility owned by
the state shall be placed on privately owned land except in those
areas of the state where the Superintendent of Public Instruction
determines there is no available space on publicly owned land and
where there are no available child care and development facilities.
   (c) The Superintendent of Public Instruction shall establish the
qualifications to determine the eligibility of extended day care
agencies to lease relocatable facilities under this section.
   (d) The Superintendent of Public Instruction shall adopt rules
establishing priorities for the acquisition and leasing of facilities
to agencies that will most benefit children needing extended day
care services.  First priority shall be given to programs that are
operated in school districts that have unhoused pupils, as determined
under state standards established pursuant to Chapter 22 (commencing
with Section 17700) of Part 10, and have developed a plan to
provide extended day care services in a cost-effective manner.  Each
lessee shall be required to demonstrate that program operations in
relocatable facilities are primarily for extended day care services
which comply with cost-effective minimum program standards
established by the superintendent.
   (e) Although primary use of relocatable facilities shall be for
extended day care programs, those facilities may be used for other
purposes if the following conditions are met:
   (1) The alternative use of the facility does not infringe upon the
accessibility of extended day care programs.
   (2) The State Department of Education authorizes alternative use
as being compatible with extended day care programs.
   (f) The State Allocation Board, with the advice of the
Superintendent of Public Instruction, may do all of the following:
   (1) Establish any procedures and policies in connection with the
administration of this section that it deems necessary.
   (2) Adopt any rules and regulations for the administration of this
section requiring those procedures, forms, and information that it
deems necessary.
   (3) Have constructed, furnished, equipped, or otherwise require
whatever work is necessary to place relocatable extended day care
services facilities where needed.
   (g) The board shall lease relocatable facilities to qualifying
extended day care services agencies and shall charge rent of one
dollar () per year.  The board shall require lessees to undertake
all necessary maintenance, repairs, renewal, and replacement to
ensure that a project is at all times kept in good repair, working
order, and condition.  All costs incurred for this purpose shall be
borne by the lessee.  Neither the board nor the state shall assume
any responsibility for utility services costs other than initial
installation costs reimbursed under this article, and the agency
shall provide adequate safeguards to protect the state's interest in
this regard.
   (h) The board shall require lessees to insure at their own expense
for the benefit of the state, any leased relocatable facility that
is the property of the state, against any risks, including liability
from the use thereof, in the amounts the board deems necessary to
protect the interests of the state.  Neither the board nor the state
shall assume any responsibility for utility services costs other than
initial installation costs reimbursed under this article, and the
agency shall provide adequate safeguards to protect the state's
interest in this regard.
   (i) No relocatable facilities shall be made available to an agency
unless the agency furnishes evidence, satisfactory to the board,
that the agency has no other facility available for rental, lease, or
purchase in the geographic service area that is economically or
otherwise feasible.
   (j) The board shall have prepared for its use, performance
specifications for relocatable facilities and bids for their
construction that can be solicited from more than one responsible
bidder.  The board shall from time to time solicit bids from, and
award to, the lowest responsible competitive bidder, contracts for
the construction or purchase of relocatable facilities that have been
approved for lease to eligible extended day care services agencies.

   (k) If at any time the board determines that a lessee's need for
particular relocatable facilities that were made available to the
lessee pursuant to this article has ceased, the board may take
possession of the relocatable facilities and may lease them to other
eligible contracting agencies, or, if there is no longer a need for
the relocatable facilities, the board may dispose of them to public
or private parties in the manner it deems to be in the best interests
of the state.
   (l) If a lessee uses a particular relocatable facility for only a
portion of the year, the board may enter into a second lease with a
public or private party for the use of that facility for the portion
of the year during which the facility would otherwise be unused, in
the manner it deems to be in the best interests of the state.  The
lessee shall be subject to subdivisions (f) and (h).




8480.  The advisory committee established pursuant to Section 8286
shall perform all of the following functions with regard to this
chapter:
   (a) Assist the State Department of Education in developing and
reviewing guidelines for the administration of this chapter.
   (b) Serve in an advisory capacity to the Superintendent of Public
Instruction and the Governor for program policy decisions.
   (c) Review the implementation of this chapter.