SECTIONS 8235-8239 - California Statutes

EDUCATION CODE

SECTION 8235-8239

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.

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.

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.

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.

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.

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
($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.

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 ($5,000,000) 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.