Article 2 - Program Administration
California Education Code — §§ 8207-8225
Sections (20)
Added by Stats. 2021, Ch. 116, Sec. 22. (AB 131) Effective July 23, 2021.
(a)A physical examination and evaluation, including age-appropriate immunizations, shall be required before, or within six weeks of, enrollment in a preschool program. A standard, rule, or regulation shall not require medical examination or immunization for admission to a preschool program of a child whose parent or guardian files a letter with the governing board of the preschool program stating that the medical examination or immunization is contrary to the parent’s or guardian’s religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing
board of the preschool program is satisfied that the child is not suffering from that contagious or infectious disease.
(b)If only one parent has signed an application for enrollment in preschool services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent.
(c)Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded preschool program whose services would otherwise be terminated
because the family no longer meets the program income, eligibility, or need criteria may continue to receive preschool services in another state or federally funded preschool program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded preschool programs.
Added by renumbering Section 8235.5 by Stats. 2021, Ch. 116, Sec. 34. (AB 131) Effective July 23, 2021.
(a)(1) A local educational agency exempt from licensing pursuant to subdivision (o) of Section 1596.792 of the Health and Safety Code shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, with modifications, as necessary, to resolve any deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 1596.7925 of the Health and Safety Code.
(2)A complaint may be filed
anonymously. A complainant who identifies themselves is entitled to a response if the complainant indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed. All complaints and responses are public records.
(3)The complaint form shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as the complainant wishes.
(4)A complaint shall be filed with the preschool program administrator or their designee. A complaint about problems beyond the authority of the preschool program administrator shall be forwarded in a timely manner, but not to exceed 10 working days to the appropriate
local educational agency official for resolution.
(b)The preschool program administrator or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority. Investigations shall begin within 10 days of the receipt of the complaint. The preschool program administrator or designee of the district superintendent shall remedy a valid complaint within a reasonable time period, but not to exceed 30 working days from the date the complaint was received. The preschool program administrator or designee of the district superintendent shall report to the complainant the resolution of the complaint within 45 working days of the initial filing. If the preschool program
administrator makes this report, the preschool program administrator shall also report the same information in the same timeframe to the designee of the district superintendent.
(c)A complainant not satisfied with the resolution of the preschool program administrator or the designee of the district superintendent has the right to describe the complaint to the governing board or body, as applicable, of the local educational agency at a regularly scheduled hearing of the governing board or body, as applicable, of the local educational agency. A complainant who is not satisfied with the resolution proffered by the preschool program administrator or the designee of the district superintendent has the right to file an appeal to the Superintendent.
(d)A local educational agency shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the
county superintendent of schools and the governing board or body, as applicable, of the local educational agency. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board or body, as applicable, of the local educational agency. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records.
(e)In order to identify appropriate subjects of complaint, a notice shall be posted in each California state preschool program classroom in each school in the local educational agency notifying parents, guardians, pupils, and teachers of both of the following:
(1)The health and safety requirements under Title 5 of the California Code of Regulations that apply to California state preschool
programs pursuant to Section 1596.7925 of the Health and Safety Code.
(2)The location at which to obtain a form to file a complaint. Posting a notice downloadable from the internet website of the department shall satisfy this requirement.
(f)A local educational agency shall establish local policies and procedures, post notices, and implement this section.
(g)For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
Amended by Stats. 2022, Ch. 62, Sec. 6. (AB 210) Effective June 30, 2022.
(a)For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 100 percent of the state median income, adjusted for family size, as specified in subdivision (c).
(b)For purposes of establishing ongoing income eligibility under this chapter, “ongoing income eligible” means that a family’s adjusted monthly income is at or below
100 percent of the state median income, adjusted for family size, as specified in subdivision (c).
(c)The Department of Finance shall calculate the state median income for family sizes of one to four, inclusive, by using the most recent census data available on state median family income in the past 12 months by family size. The Department of Finance shall calculate the state median income for family sizes of five and above by using the most recent census data for a family of four and multiplying this number by the ratios for the appropriate family size used in the federal Low-Income Home Energy Assistance Program (42 U.S.C. Sec. 8621 et seq.) and specified in federal regulations at paragraphs (5), (6), and (7) of subdivision (b) of Section 96.85 of Title 45 of the Code of Federal Regulations. The Department of Finance shall update its calculations of the state median income for families according to the
methodology provided in this subdivision and provide the updated data to the department no later than March 1 of each fiscal year.
(d)The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for childcare under this chapter.
(e)Payments made on behalf of a child pursuant to Section 11460, 11461.3, 11461.36, or 11461.4 of the Welfare and Institutions Code shall not be included as income for purposes of determining
eligibility for preschool pursuant to Section 8208.
(f)Notwithstanding any other law, guaranteed income payments received by an individual shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208. For purposes of this subdivision, “guaranteed income payments” mean unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (Chapter 16 (commencing with Section 18997) of Part 6 of Division 9 of the Welfare and Institutions Code).
Added by Stats. 2022, Ch. 923, Sec. 4. (SB 1047) Effective January 1, 2023.
(a)For purposes of establishing eligibility for services under this chapter, “a member of the household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following:
(1)A member of the household has been certified as eligible to receive benefits or services in any of those programs. The family shall provide documentation of
current enrollment in the program, unless the contracting agency has, and elects to use, other means of obtaining verification of that enrollment.
(2)A contracting agency has determined a member of the household is eligible for Head Start or Early Head Start services.
(b)Families qualifying for eligibility under subparagraph (E) of paragraph (1) of subdivision (a) of, or under clause (v) of subparagraph (A) of paragraph (1) of subdivision (c) of, Section 8208 shall have the income declared on the application for the means-tested government program as its income for the purposes of prioritizing enrollment and calculating family fees.
(c)Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives.
Repealed and added by Stats. 2021, Ch. 116, Sec. 27. (AB 131) Effective July 23, 2021.
If families have to be disenrolled from subsidized preschool services, families shall be disenrolled in reverse priority order for services, as specified in Sections 8210 and 8211, as applicable.
Added by renumbering Section 8236.1 by Stats. 2021, Ch. 116, Sec. 36. (AB 131) Effective July 23, 2021.
The department shall annually monitor funding used in, 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 used for, and the number of, preschool age children receiving part-day preschool and wraparound childcare services. The annual report shall include a comparison to the prior year on a county-by-county basis.
Added by renumbering Section 8236.2 by Stats. 2021, Ch. 116, Sec. 37. (AB 131) Effective July 23, 2021.
(a)The department and the State Department of Social Services shall promote full utilization of childcare and development funds and match available unused funds with identified service needs. The department and the State Department of Social
Services shall attempt to arrange intraagency adjustments between California state preschool contracts and general
childcare contracts for the same agency and funding allocation. The department
and the State Department of Social Services shall establish timelines for intraagency contract fund transfers.
(b)Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this section through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of requests to transfer funds.
Added by renumbering Section 8238 by Stats. 2021, Ch. 116, Sec. 40. (AB 131) Effective July 23, 2021.
As a condition of receipt of funds pursuant to Section 8221, a participating part-day preschool program shall coordinate the provision of all of the following:
(a)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.
(b)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 parent-school communications and parental understanding of school structures and expectations.
(3)Becoming active partners with teachers in the education of their children.
(4)Improving parental knowledge of local resources for the identification of and services for developmental disabilities, including, but not limited to, contact information for school district special education referral.
(c)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.
(d)Staff development for teachers in participating classrooms that includes, but is not limited to, all of the following:
(1)Development of a pedagogical knowledge, including, but not limited to, improved instructional and behavioral strategies.
(2)Knowledge and application of developmentally appropriate assessments of the prereading skills of children in participating classrooms.
(3)Information on working with families, including the use of onsite coaching, for guided practice in interactive literacy activities.
(4)Providing targeted interventions for all young children to improve kindergarten readiness upon program completion.
Added by renumbering Section 8238.4 by Stats. 2021, Ch. 116, Sec. 41. (AB 131) Effective July 23, 2021.
(a)A family literacy supplemental grant shall be made available and distributed to qualifying California state preschool classrooms, as determined by the Superintendent, at a rate of two thousand five hundred dollars ($2,500) per class. The Superintendent shall distribute the family literacy supplemental grant funds according to the following priorities:
(1)First priority shall be assigned to California state preschool programs that contract to receive this funding before July 1, 2012. These programs shall receive this funding until their contract is terminated or
the California state preschool program no longer provides family literacy services.
(2)Second priority shall be assigned to California state preschool programs operating classrooms located in the attendance area of elementary schools in deciles 1 to 3, inclusive, based on the most recently published Academic Performance Index pursuant to Section 52056. The Superintendent shall use a lottery process in implementing this paragraph.
(b)A family literacy supplemental grant distributed pursuant to this section shall be used for purposes specified in Section 8220.
(c)Implementation of this section is contingent upon funding
being provided for family literacy supplemental grants for California state preschool programs in the annual Budget Act or other statute.
Amended by Stats. 2025, Ch. 67, Sec. 42. (AB 1170) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.
(a)Notwithstanding any other provision of this chapter to the contrary, the department shall do all of the following:
(1)Provide prospective California state preschool program contractors an equitable opportunity to establish trained workforces and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that meet either of the following:
(A)The applicant has not received a California state preschool program contract within the last five years.
(B)The applicant has not previously received a California state preschool program contract.
(2)Develop early learning resources, including, but not limited to, early learning resources regarding all of the following:
(A)The importance of early learning to improve school readiness for kindergarten and pupil outcomes in elementary and secondary schools.
(B)Best practices of existing successful early learning programs.
(C)Information on statutes and regulations pertaining to early learning programs.
(D)Instructions for paper and electronic applications for administrative and funding purposes relating to operating an early learning program, including requests for applications.
(3)Develop and communicate guidance to
inform prospective and existing universal preschools, as defined in Section 8320, about current flexibilities available to serve children in mixed-income settings, such as through combining public funding and private tuition.
(4)Develop and implement a proactive one-time three-year outreach, capacity building, training, and technical assistance plan that shall target prospective and new contractors, and which shall include, but not be limited to, a plan for application technical assistance for prospective first-time California state preschool program contractors. The plan shall include both web-based and in-person opportunities for training and technical assistance.
(5)Disseminate information regarding training and technical assistance events, trainings, and resources through multiple communication channels, including, but not limited to, letters, departmental LISTSERVs, and
social media.
(6)(A) Create, for purposes of more effective outreach and communication and to provide more services and educational opportunities to three- and four-year-old children, a separate webpage on its internet website that shall include, but not be limited to, all of the following:
(i)Detailed information on starting, funding, and operating a California state preschool program.
(ii) Existing resources from the department pertaining to technical assistance for early learning programs, including past and upcoming webinars and events.
(iii) The early learning resources described in paragraph (2).
(iv) Dates and times of upcoming trainings and technical
assistance events conducted pursuant to paragraph (4).
(v)Online electronic applications.
(B) The department shall complete the webpage described in subparagraph (A), and make it publicly accessible, on or before January 1, 2026. The department shall annually update the webpage, including, but not limited to, updating the webpage to reflect any new or revised statutes or regulations.
(C) The department may modify the California state preschool program request for application requirements to simplify and streamline the application process for prospective California state preschool program contractors.
(b)This section shall only become operative upon appropriation by the Legislature for its purposes.
Added by renumbering Section 8246 by Stats. 2021, Ch. 116, Sec. 49. (AB 131) Effective July 23, 2021.
(a)Contractors operating through a family childcare home education network shall do all of the
following:
(1)Recruit, enroll, and certify eligible families.
(2)Recruit, train, support, and reimburse licensed
family childcare home providers.
(3)Collect family fees in accordance with contract requirements.
(4)Assess, according to standards set by the department, the educational quality of the program offered in each family
childcare home in the network.
(5)Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider.
(6)Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family childcare home affiliated with the network.
(7)Ensure that basic health and nutrition requirements are met.
(8)Provide data and reporting in accordance with contract requirements.
(b)Each contractor shall ensure that their staff have sufficient training to successfully accomplish the requirements of subdivision (a).
Added by Stats. 2023, Ch. 193, Sec. 2. (SB 140) Effective September 13, 2023.
(a)On or before March 1, 2024, a contractor operating a California state preschool program through a family childcare home education network shall develop, implement, and publish for access by family childcare providers a plan for timely payment to family childcare home providers, including publication in written information for providers and in individual provider agreements. The plan shall include all of the following:
(1)A provision requiring that family childcare providers shall be paid within 21 calendar days of the provider’s submission of daily sign-in and sign-out sheets, as referenced in Section 17818 of Title 5 of the California Code of Regulations.
(2)A schedule for
the payment of services that shall be signed by the family childcare provider.
(3)A provision requiring that if a provider submits attendance records or invoices for multiple children and not all individual records or invoices within the submission include adequate information to provide a payment, payments shall not be withheld for those individual records or invoices that include adequate information to provide a payment.
(4)Procedures that establish clear processes and timelines to resolve overpayment and underpayment issues, which shall include the provider’s written consent to recover any overpayment.
(5)A provision that if a contractor is unable to issue reimbursement payments to providers within 21 calendar days pursuant to the requirement specified in paragraph (1) due to extenuating circumstances,
including, but not limited to, an emergency or payment system malfunction, the impacted provider shall be notified within a reasonable timeframe of the contractor becoming aware of the circumstance causing the delay of reimbursement payment.
(b)Contractors shall publish the plans developed pursuant to this section for childcare providers to access and reference. The plans shall be published in documents available to providers, such as individual provider agreements, as appropriate.
(c)The department shall support contractors with the development and implementation of the plans prepared pursuant to this section and in compliance with the requirement for timely payments. If the department becomes aware that a contractor is not complying with the requirements of this section, the department may issue a finding of noncompliance, and the contractor may be subject to corrective
action.
(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
Added by renumbering Section 8250 by Stats. 2021, Ch. 116, Sec. 52. (AB 131) Effective July 23, 2021.
(a)The Superintendent shall ensure that eligible children with exceptional needs are given equal access to all California state preschool programs. Available federal and state funds for children with exceptional needs above the standard reimbursement amount shall be used to assist agencies in developing and supporting appropriate programs for these
children, including federal and state funds available for the provision of special education and related services, as appropriate.
(b)Any child with exceptional needs served in
California state preschool programs shall be afforded all rights and protections guaranteed in state and federal laws and regulations for individuals with exceptional needs.
Added by renumbering Section 8250.5 by Stats. 2021, Ch. 116, Sec. 53. (AB 131) Effective July 23, 2021.
A contractor providing California state preschool services is subject to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.).