Amended by Stats. 2021, Ch. 116, Sec. 2. (AB 131) Effective July 23, 2021.
This chapter shall be known and may be cited as the Early Education Act.
Article 1 - General Provisions
California Education Code — §§ 8200-8206
Sections (11)
Amended by Stats. 2021, Ch. 116, Sec. 3. (AB 131) Effective July 23, 2021.
The purpose of this chapter is as follows:
(a)To provide an inclusive and cost-effective preschool program that provides high-quality learning experiences, coordinated services, and referrals for families to access
health and social-emotional support services through full- and part-day programs.
(b)To encourage community-level coordination in support of preschool and early childhood services.
(c)To provide an inclusive, developmentally appropriate, and culturally and linguistically responsive preschool environment that is nurturing for all children in
the programs.
(d)To provide family engagement activities that support positive parenting practices and enhance understanding of human growth and development.
(e)To promote strengthening families and access to resources that prevent and address child abuse, neglect, or exploitation.
(f)To support the cognitive and social emotional development of all children, including children with exceptional needs, children experiencing developmental delays, and children experiencing trauma.
(g)To promote and support home language and development of multilingual capabilities to ensure all children attain their full potential.
(h)To establish a framework that promotes equitable access to quality early learning experiences through the expansion of preschool services.
(i)To empower parents and family choice by providing information and resources for choosing a
high-quality preschool program that meets the needs of the family.
(j)To inform parents and families of their right to understand and evaluate the quality and health and safety requirements of the preschool program.
Amended by Stats. 2021, Ch. 116, Sec. 4. (AB 131) Effective July 23, 2021.
It is the intent of the Legislature that:
(a)All families have equitable access to a high-quality preschool program, regardless of race or ethnic status,
cultural, religious, or linguistic background, family composition, or children with exceptional needs. It is further the intent that subsidized preschool services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress.
(b)The
physical, cognitive, social, and emotional growth and development of
preschool children be supported in a healthy, developmentally, and culturally appropriate manner.
(c)Families are supported to seek opportunities
through employment, training, and education to attain financial stability, while maximizing learning opportunities for their children through participation in preschool programs.
(d)Local- and community-level coordination of various funding streams and programs to support preschool services and preschool to third-grade alignment.
(e)Programs allow for maximum involvement of families in planning, implementation, operation, and evaluation of preschool programs, recognizing that parent and family engagement is integral to the well-being of the child.
(f)Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of
preschool programs, including, but not limited to, their right to inspect childcare licensing files.
(g)Planning for expansion of preschool programs based on ongoing, coordinated, and comprehensive local needs assessments and other state-level data.
(h)Support for staff, including administrators, program directors, site supervisors, and teachers, to reduce bias through professional development opportunities.
(i)Investments in preschool programs be leveraged to improve equity and reduce the opportunity gap through a targeted universalism approach.
(j)Preschool programs provide fully inclusive early learning experiences that contribute to closing the school readiness gap, especially for children from low-income families, children with exceptional needs, and children who are dual language learners, and partner with elementary schools to support smooth transitions and sustain early learning gains.
(k)The Superintendent of Public Instruction, in providing funding to agencies offering preschool programs, promote a range of services
that will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following:
(1)Programs located in childcare centers or family childcare homes.
(2)Services provided part day or full day.
(l)The Superintendent of Public Instruction be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this
chapter.
Amended by Stats. 2023, Ch. 48, Sec. 6. (SB 114) Effective July 10, 2023.
(a)(1) The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts.
(2)The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources.
(3)The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system.
(b)The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022.
(c)The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than March 31, 2024.
(d)For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from
the review or approval of any division of the Department of General Services.
(e)Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (d) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.
Amended by Stats. 2021, Ch. 498, Sec. 2. (AB 1363) Effective January 1, 2022.
The Superintendent shall develop standards for the implementation of high-quality preschool programs. Indicators of quality shall include, but not be limited to:
(a)A physical environment that is safe and appropriate for preschool children and that meets applicable licensing standards.
(b)Program activities and services that are age appropriate for preschool children and meet the developmental needs of each child.
(c)Program activities and services that meet the cultural and linguistic needs of children and
families, including, but not limited to, program activities and services that meet the need of dual language learners for support in the development of their home language and English.
(d)Family engagement including, but not limited to, opportunities to participate on parent advisory committees and parent education.
(e)Community engagement, coordination, and local partnerships that support successful transitions from preschool to the early elementary grades.
(f)Efficient and effective local program administration.
(g)Staff that possesses the appropriate and required
qualifications, experience, or training, or a combination thereof. The appropriate staff qualifications shall reflect the diverse linguistic and cultural makeup of the children and families in the preschool program. The use of intergenerational staff shall be encouraged.
(h)The promotion of inclusive experiences through program activities and support for parents to access services that meet the needs of children with exceptional needs and their families.
(i)Support services for children, families, and early learning staff and administrators.
(j)Program activities that support equity by eliminating implicit bias, exclusionary discipline practices, and discrimination through staff development and training.
(k)Provision for nutritional needs of children, including nutrition education at preschool and, when appropriate, shared resource for families.
(l)Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies.
(m)Health services that include referral of children to appropriate agencies for services.
Amended by Stats. 2021, Ch. 116, Sec. 6. (AB 131) Effective July 23, 2021.
(a)The Superintendent shall administer a QRIS block grant, pursuant to an appropriation made for that purpose in the annual Budget Act, to be allocated to local consortia for support of local early learning quality rating and improvement systems that increase the number of low-income children in high-quality preschool programs that prepare those children for success in school and life.
(b)(1) For purposes of this section, “early learning quality rating and improvement system” or “QRIS” is defined as a locally determined system for continuous quality improvement based on a tiered rating structure with progressively higher quality standards for each tier that provides supports and incentives for programs, teachers, and administrators to
reach higher levels of quality, monitors and evaluates the impacts on child outcomes, and disseminates information to parents and the public about program quality.
(2)For purposes of this section, “local consortium” is defined as a local or regional entity, administered by a lead agency, that convenes a planning body that designs and implements a QRIS. A local consortium shall include representatives from organizations including, but not limited to, all of the following:
(A)Local educational agencies.
(B)First 5 county commissions.
(C)Higher educational institutions.
(D)Local childcare and development planning councils.
(E)Local resource and referral agencies.
(F)Alternative payment programs.
(G)Other local agencies,
as appropriate, which may include, but are not limited to,
nonprofit organizations, that provide services to children from birth to five years of age, inclusive, tribal representatives, childcare licensing regional offices, special education local plan area, the county social services department, the local public health department, the local behavioral health department, regional centers, and Head Start and Early Head Start grantees.
(3)For purposes of this section, “quality continuum framework” means the tiered rating matrix created and adopted by a local consortium for purposes of implementing a QRIS. The tiered rating matrix shall include three common tiers shared by all participating local consortia. Changes to the common tiers shall be approved and adopted by all participating
local consortia.
(c)The QRIS block grant shall build on local consortia and other local QRIS work in existence on or before the operative date of this section.
(d)For the 2014–15 fiscal year, if a county or region has an established local consortium that has adopted a quality continuum framework, the local consortium’s lead administering agency shall be provided the first opportunity to apply for a QRIS block grant.
(e)Local consortia shall do all of the following to be eligible for a QRIS block grant:
(1)Implement a QRIS that incorporates evidence-based elements and tools in the quality continuum framework that are tailored to the local conditions and enhanced with local resources.
(2)Set ambitious yet achievable targets for California state preschool program contracting agencies’ participation in the QRIS with the goal of achieving the highest common tier, as the tier existed on June 1, 2014, or a higher level of quality.
(3)Develop an action plan that includes a continuous quality improvement process that is tied to improving child outcomes.
(4)Describe how QRIS block grant funds will be used to increase the number of sites achieving the highest common local tier and to directly support classrooms that have achieved the highest common tier, as that tier existed on June 1, 2014, or a higher level of quality.
(5)Develop information and resources that help families understand why preschool matters
and how to identify a quality preschool program that meets the needs of the family.
(f)The Superintendent, in consultation with the executive director of the state board, shall allocate QRIS block grant funds to local consortia that satisfy the requirements of subdivision (e) based on the number of California state preschool program slots within the county or region.
(g)(1) Local consortia receiving QRIS block grant funds shall allocate those funds to contracting agencies of the California state preschool program, as established by Article
2 (commencing with Section
8207), or local educational agencies, for activities that support and improve quality, and assess quality and access. In allocating the QRIS block grant funds, priority shall be given to directly supporting the classrooms of the California state preschool program sites that have achieved the highest common local tier of quality.
(2)No more than 20 percent of a local consortium’s QRIS block grant funds may be used for assessment and access projects.
(h)A family childcare home education network that provides California
state preschool program services shall be eligible for an allocation from a local consortium of QRIS block grant funds for activities that support, improve, and assess quality.
Amended by Stats. 2022, Ch. 62, Sec. 1. (AB 210) Effective June 30, 2022.
(a)The department, in consultation with the State Department of Social Services, shall maintain and update the prekindergarten learning development guidelines. The guidelines shall focus on preparing three-, four-, and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The
guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The department may contract with an appropriate public or private agency to develop the guidelines.
(b)In future expenditure plans for quality improvement activities, the State Department of Social Services shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines.
(c)Programs funded by the department under this chapter shall use the prekindergarten learning development guidelines developed pursuant to this section.
Amended by Stats. 2021, Ch. 116, Sec. 8. (AB 131) Effective July 23, 2021.
(a)The Superintendent shall ensure that each contract entered into under this chapter to provide preschool services, or to facilitate the provision of those services, provides support to the public school system of this state through the delivery of appropriate educational services to the children served pursuant to the contract.
(b)The Superintendent shall ensure that all contracts for
preschool programs include a requirement that each public or private provider maintain a developmental profile to appropriately identify the emotional, social, physical, and cognitive growth of each child served in order to promote the child’s success in the public schools. To the extent possible, the department shall provide a developmental profile to all public and private providers using existing profile instruments that are most cost efficient. The provider of any program operated pursuant to a contract under Section 8233 shall be responsible for maintaining developmental profiles upon entry through exit from a child development program.
(c)This section is not subject to Part 34 (commencing with Section
62000) of Division 4 of Title 2.
Amended by Stats. 2021, Ch. 116, Sec. 9. (AB 131) Effective July 23, 2021.
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, it is the policy of this state that no child shall be hungry while in attendance in a preschool facility, as defined in Section 8205, and that preschool programs have an obligation to provide for the nutritional needs of children in attendance.
Added by renumbering Section 8209 by Stats. 2021, Ch. 116, Sec. 21. (AB 131) Effective July 23, 2021.
(a)If a state of emergency is declared by the Governor, the Superintendent may waive any requirements of this code or regulations adopted pursuant to this code relating to preschool programs operated pursuant to this chapter only to the extent that enforcement of the regulations or requirements would directly impede disaster relief and recovery efforts or would disrupt the current level of service in
preschool programs.
(b)A waiver granted pursuant to subdivision (a) shall not exceed 45 calendar days.
(c)For purposes of this section, “state of emergency” includes, but is not limited to, fire, flood, earthquake, or a period of civil unrest.
(d)If a request for a waiver pursuant to subdivision (a) is
for a childcare and development
program, preschool program, or child nutrition program that receives federal funds and the waiver may be inconsistent with the state plan or any federal law or regulations governing the program, the Superintendent shall seek and obtain approval of the waiver from the appropriate federal agency before granting the waiver.
(e)(1) From July 1, 2020, to June 30, 2021, inclusive, due to the ongoing impacts of childcare and development facility closures and low child attendance due to the COVID-19 pandemic
and related public health directives, the Superintendent shall reimburse a contracting agency for a California state preschool program pursuant to former Article 7 (commencing with Section 8235), a general childcare and development program pursuant to former Article 8 (commencing with Section 8240), a family childcare home education network pursuant to former Article 8.5 (commencing with Section 8245), a migrant childcare and development program pursuant to former Article 6 (commencing with Section 8230), or childcare and development services for children with special needs pursuant
to
former Article 9 (commencing with Section 8250) that meets one of the following requirements:
(A) The program operated by the contracting agency opens by September 8, 2020, or within 21 calendar days from the start date of the contracting agency’s 2020–21 program calendar approved by the department, whichever is sooner, and remains open and offering services through the 2020–21 program year.
(B) The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic.
(C) (i) The program operates on the campus of a local educational agency that is closed by local or state public health guidance or order and the local educational agency has required the early learning and care program to
close.
(ii) To ensure continuity of care and access to services during the COVID-19 pandemic, the governing board or body of the local educational agency requiring a closure pursuant to clause (i) shall discuss in a public hearing and prepare a plan for safely reopening early learning and care programs as soon as safely possible, but no later than when local education agency campuses open for in-person instruction.
(2)Reimbursement pursuant to paragraph (1) shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent.
(3)A childcare program specified in paragraph (1) that is physically closed pursuant to subparagraph (B) or (C) of paragraph (1) due to the COVID-19 pandemic, but funded to be operational,
shall provide distance learning services as specified by the Superintendent. A contractor specified in paragraph (1) shall submit a distance learning plan to the department pursuant to guidance from the Superintendent.