Article 3 - Administration

California Education Code — §§ 8226-8241.5

Sections (18)

Added by renumbering Section 8255 by Stats. 2021, Ch. 116, Sec. 58. (AB 131) Effective July 23, 2021.

(a)The Legislature finds and declares that the effectiveness of preschool programs can be increased through improved state administration, technical assistance to provider agencies, and monitoring.

(b)It is the intent of the Legislature:

(1)That

the

Superintendent of Public Instruction develop clear, consistent, and appropriate regulations for preschool programs to replace policy guidelines that are not subject to the public hearing process, often inconsistent, and without the force of law.

(2)That the department make

better use of staff with direct field experience in

early childhood programs.

(3)That better criteria be developed for the awarding, evaluating, and renewal of preschool contracts.

(4)That improvements be made in the method of reimbursing preschool providers.

(5)That increased effort be made to provide

preschool

program operators with technical assistance in meeting their contractual obligations.

§ 8227

Repealed and added by Stats. 2021, Ch. 116, Sec. 30. (AB 131) Effective July 23, 2021.

The department shall develop procedures for annually evaluating the monitoring processes and the training and technical assistance that is to be provided to the contracting agencies.

§ 8228

Added by renumbering Section 8257 by Stats. 2021, Ch. 116, Sec. 61. (AB 131) Effective July 23, 2021.

The department shall do all of the following in administering the provisions of this chapter:

(a)Apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the State Department of Social Services pursuant to Section 1597.11 of the Health and Safety Code.

(b)Except in the case of immediate terminations taken pursuant to

Section 8315 or 8316, provide 90 days’ written notification to any contractor whose agreement is being terminated. Notwithstanding Article 13 (commencing with Section 8306), the department shall establish procedures for placing a contractor whose agreement is being terminated into receivership. Action to initiate receivership shall be at the discretion of the department, and may be taken against a contractor whose agreement is being terminated either immediately or within 90 days. The receiver shall not be a department employee. The receiver shall have sufficient experience in

the administration of early childhood programs to ensure compliance with the terms of the receivership.

§ 8229

Added by renumbering Section 8258 by Stats. 2021, Ch. 116, Sec. 62. (AB 131) Effective July 23, 2021.

(a)No person employed by the department in a policymaking position in the area of preschool programs shall serve as a member of the board of directors,

advisory council, or advisory committee for any agency receiving funds pursuant to this chapter. The provisions of this subdivision shall not apply to any person appointed prior to January 1, 1985.

(b)No retired, dismissed, separated, or formerly employed person of the state department employed under the State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 8233 in which the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the

decisionmaking process relevant to the contract while employed in any capacity by the state department. The prohibition contained in this subdivision shall apply to the person only during the two-year period beginning on the date the person left state employment.

(c)For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 8233 if the person

was employed by the department in a policymaking position in the area of

preschool programs within the 12-month period prior to their retirement, dismissal, or separation.

(d)For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the department may be employed by a contractor pursuant to Section

8233 if the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department.

(e)The provisions of subdivisions (b), (c), and (d) shall not apply to any persons who were already in the situations described by these subdivisions prior to January 1, 1985.

§ 8230

Added by renumbering Section 8260 by Stats. 2021, Ch. 116, Sec. 63. (AB 131) Effective July 23, 2021.

The department shall develop and coordinate resources, provide technical assistance, monitor program implementation, generate maximum federal reimbursement wherever possible for the federally eligible children, and facilitate alternative funding for those children for whom federal funds are not available.

§ 8231

Amended by Stats. 2024, Ch. 998, Sec. 6. (AB 176) Effective September 30, 2024.

(a)The Superintendent shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that do all of the following:

(1)Provide clear guidelines for the selection of agencies when child development contracts are let, including, but not limited to, specification that any agency headquartered in the proposed

service area will be given priority for a new contract in that area, unless the department makes a written determination that (A) the agency is not able to deliver the level of services specified in the request for proposal, or (B) the department has notified the agency that it is not in compliance with the terms of its contract.

(2)Provide for a contract monitoring system to ensure that agencies expend funds received pursuant to this chapter in accordance with the provisions of their contracts.

(3)Specify adequate standards of agency performance.

(4)Establish reporting requirements for service reports, including provisions for varying the frequency with which these reports are to be submitted on the basis of agency performance.

(5)Specify standards for withholding payments to agencies that fail to submit required fiscal reports.

(6)Set forth standards for department site visits to contracting agencies, including, but not limited to, specification as to the purpose of the visits, the personnel that will perform these visits, and the frequency of these visits which shall be as frequently as staff and budget resources permit.

(7)Authorize the department to develop a process that may require every contracting agency to recompete for continued funding no less frequently than every five years.

(b)For purposes of expediting the implementation of state or federal legislation to expand preschool services, the department may do any of the following:

(1)Use an alternative application process in which the department will evaluate the ability and standing of existing contractors in determining allocation methodology and eligibility for funding.

(2)Waive

the regulations regarding the point qualifications for, and the process and scoring of, applications of existing contractor applicants pursuant to Section 17723 of Title 5 of the California Code of Regulations.

§ 8231.5

Added by Stats. 2025, Ch. 165, Sec. 2. (AB 753) Effective October 1, 2025.

(a)The Superintendent may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the department with data that includes the number of employees in its program who hold an assistant teacher permit pursuant to Section 8301.1 or who qualified for waivers pursuant to subdivision (d) of

Section 8298. The data may be collected by survey or by another collection method. The data shall be provided to the department as part of the contracting agency’s annual plan for its program self-evaluation process as required by Section 17709 of Title 5 of the California Code of Regulations or a successor statute or regulation, or as part of an existing reporting process determined by the Superintendent.

(b)Notwithstanding Section 33308.5 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Superintendent may develop informal directives and bulletins to implement this

section.

§ 8232

Added by renumbering Section 8261.5 by Stats. 2021, Ch. 116, Sec. 65. (AB 131) Effective July 23, 2021.

The Superintendent of Public Instruction is authorized to require the collection and submission of information from public and private agencies contracting with the

department pursuant to this chapter, including local educational

agencies, to meet state and federal reporting requirements and for the effective administration of preschool programs.

§ 8233

Added by renumbering Section 8262 by Stats. 2021, Ch. 116, Sec. 66. (AB 131) Effective July 23, 2021.

Notwithstanding any other law, the Superintendent of Public Instruction may enter into and execute local contractual agreements with any public or private entity or agency for the delivery of

preschool services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of preschool services. Prior to entering into or executing a local agreement, the department shall obtain annual approval from the Department of General Services and the Department of Finance as to the form and general content thereof. The agreements may only be made for the delivery of

preschool services, or the furnishing of property, facilities, personnel, supplies, equipment, or administrative services related thereto, which conform with the provisions of this chapter.

§ 8234

Added by renumbering Section 8262.1 by Stats. 2021, Ch. 116, Sec. 67. (AB 131) Effective July 23, 2021.

Contractors operating or providing services pursuant to this chapter may do both of the following:

(a)(1) Maintain records electronically, in compliance with state and federal standards, as determined by the department. A conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of

Title 2 of the California Code of Regulations.

(2)Pursuant to Section 33421, the records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer.

(3)This subdivision does not require a contractor to create records electronically.

(b)(1) Use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature.

(2)The use of a digital signature shall have the same force and effect as the use of a manual

signature if the requirements for the digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.

§ 8235

Added by renumbering Section 8262.2 by Stats. 2021, Ch. 116, Sec. 68. (AB 131) Effective July 23, 2021.

Contractors operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with state and federal standards.

§ 8236

Added by renumbering Section 8262.3 by Stats. 2021, Ch. 116, Sec. 69. (AB 131) Effective July 23, 2021.

On and after the date on which the Superintendent determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the department, at the request of a contractor, for a contract executed by the department pursuant to Section 8233, the department shall request the Controller to make a payment via direct deposit by electronic funds transfer through the Fi$Cal Project into the contractor’s account at the financial

institution of the contractor’s choice.

§ 8237

Added by renumbering Section 8262.5 by Stats. 2021, Ch. 116, Sec. 70. (AB 131) Effective July 23, 2021.

(a)In contract transfer situations in programs funded pursuant to this chapter, the Superintendent of Public Instruction may grant a certificate of operation to preschool facilities pursuant to this section.

(b)For purposes of maintaining continuity of services to

children, the superintendent may grant a certificate of operation to any preschool facility that meets all of the following conditions:

(1)The superintendent, or the superintendent’s designee, has visited the facility and verified, in writing, to the State Department of Social Services

licensing agency that the facility has no deficiencies at the time of granting the certificate of operation that would endanger the physical health, mental health, safety, or welfare of the children.

(2)Without a certificate of operation in lieu of a license from the State Department of Social Services, the facility would be ineligible to receive, as applicable, state or federal funds.

(c)A facility issued a certificate of operation

pursuant to this section shall be deemed to be operating under licensing standards for childcare and development facilities specified by Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code and by Title 22 of the California Code of Regulations for the term specified on the certificate.

(d)A facility granted a certificate of operation shall submit a completed license application to the State Department of Social Services within 15 working days of the issuance of the certificate of operation. Failure to meet this requirement will result in the cancellation of the certificate of operation. The certificate of operation shall

expire upon the issuance or denial of a license by the State Department of Social Services.

§ 8238

Added by renumbering Section 8264.5 by Stats. 2021, Ch. 116, Sec. 78. (AB 131) Effective July 23, 2021.

The Superintendent may waive or modify California state preschool requirements in order to enable preschool programs to serve combinations of eligible children in areas of low population.

§ 8239

Added by renumbering Section 8264.6 by Stats. 2021, Ch. 116, Sec. 79. (AB 131) Effective July 23, 2021.

The Superintendent of Public Instruction may provide outreach services and technical assistance to new contracting agencies and to those providing preschool services during nontraditional times, in underserved geographic areas, and for children with special

childcare needs.

§ 8240

Amended by Stats. 2022, Ch. 571, Sec. 7. (AB 185) Effective September 27, 2022.

(a)The Superintendent shall establish rules and regulations for the staffing of all preschool programs under contract with the department.

(b)Priority shall be given by the department to the employment of persons in preschool programs with ethnic backgrounds which are similar to those of the child for whom child development services are provided.

(c)For purposes of staffing preschool programs, the role of a teacher in child supervision means direct supervision of the children as well as supervision of aides and groups of children.

(d)Family childcare homes shall operate pursuant to adult/child ratios prescribed in Chapter 3 (commencing with Section 102351.1) of Division 12 of Title 22 of the California Code of Regulations.

(e)Approval by the Superintendent of any ongoing or new programs seeking to operate under the ratios and standards established by the Superintendent under this chapter shall be based upon the following considerations:

(1)The type of facility in which care is being or is to be provided.

(2)The ability of the Superintendent to implement a funding source change.

(3)The proportion of nonsubsidized children enrolled or to be enrolled by the agency.

(4)The most cost-effective ratios possible for the type of services provided or to be provided by the agency.

§ 8241

Added by renumbering Section 8264.8 by Stats. 2021, Ch. 116, Sec. 81. (AB 131) Effective July 23, 2021.

Until the Superintendent of Public Instruction promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply:

(a)Infants, 0 to 2 years old—1:3 adult-child ratio, 1:18 teacher-child ratio.

(b)Infants and toddlers, 0 to 2 years old—1:4 adult-child ratio, 1:16 teacher-child ratio.

(c)Children 3 to 6 years old—1:8 adult-child ratio, 1:24 teacher-child ratio.

(d)Children 6 to 10 years old—1:14 adult-child ratio, 1:28 teacher-child ratio.

(e)Children 10 to 13 years old—1:18 adult-child ratio, 1:36 teacher-child ratio.

(f)If groups of children of varying ages are commingled, the teacher and adult ratios shall be proportionate and appropriate to the ages and groups of children.

§ 8241.5

Amended by Stats. 2023, Ch. 435, Sec. 1. (AB 393) Effective January 1, 2024.

(a)It is the intent of the Legislature for the state preschool contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded preschool programs by identifying them as a dual language learner through a family language instrument and support their needs through a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life.

(b)The Superintendent shall develop procedures for state preschool

contractors to identify and report data on dual language learners enrolled in a preschool program administered pursuant to Article 2 (commencing with Section 8207).

(c)The procedures developed by the Superintendent pursuant to this section to identify dual language learners shall, at a minimum, include all of the following:

(1)(A) The distribution and collection of a completed family language instrument developed by the Superintendent from a parent or guardian of each child enrolled in a preschool program no later than upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, which languages the child understands, and which languages the child is able

to speak.

(B)Notwithstanding subparagraph (A), a state preschool contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency may use that designation as an English learner to identify the child as a dual language learner.

(C)Notwithstanding subparagraph (A), a state preschool contractor may use the previous designation of child as a dual language learner by a general childcare and development program or migrant childcare program to identify the child as a dual language learner.

(2)Criteria for state preschool

contractors to use to accurately identify dual language learners enrolled in their preschool programs based on the information collected from the family language instrument and criteria for the family language and interest interview.

(d)For any child enrolled in a preschool program who has been identified as a dual language learner pursuant to subdivision (c), a family language and interest interview shall be conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child. The Superintendent shall develop the family language and interest interview to be used by

teachers and designated staff for purposes of this subdivision.

(e)The reported data about dual language learners and a preschool program shall include, at a minimum, all of the following:

(1)A child’s home language, the language the child uses most, and the family’s preferred language in which to receive verbal and written communication.

(2)A child’s race or ethnicity.

(3)Language characteristics of the preschool program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages.

(4)The language composition of the program staff.

(f)To the maximum extent possible, the Superintendent shall use existing enrollment and reporting procedures for state preschool contractors to meet the requirements of this section.

(g)(1) To ensure dual language learners and their linguistic and developmental needs are accurately identified in order to be effectively supported by state preschool contractors, the Superintendent shall develop clear implementation procedures and related guidance for state preschool contractors.

(2)The Superintendent shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section

11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before August 15, 2022, the Superintendent shall develop informal directives and bulletins to implement this section until the time regulations are adopted.

(h)It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System.

(i)The procedures developed by the Superintendent to identify dual language learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system.

(j)The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility

of the state preschool contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by state preschool contractors shall not impact the status of a provider within a family childcare home education network.

(k)In order to minimize the administrative work required of contractors, teachers, staff, and families involved in the state preschool program, a general childcare and development program, or a migrant childcare and development program, as specified in this section and Section 10209.6 of the Welfare and Institutions Code, the Superintendent and the Director of Social Services shall coordinate efforts to implement this section.

(l)(1) Nothing in this section

shall be construed to compel a parent or guardian of a child enrolled in a state preschool program to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or to participate in the family language and interest interview described in subdivision (d).

(2)A contract for a state preschool program shall not be affected by a parent or guardian of a child enrolled in a state preschool program who declines to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d).

(3)Nothing in this section shall be construed to affect the eligibility of a child to enroll in a state preschool program under Section

8208.