Article 3Administration

Section § 8226

Explanation

This law section emphasizes the need to enhance preschool programs by improving state administration and providing technical support to preschool providers. It outlines the intentions of the Legislature for developing clear regulations, utilizing experienced staff, establishing better criteria for contracts, improving reimbursement methods, and offering more technical assistance to preschool operators.

(a)CA Education Code § 8226(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)CA Education Code § 8226(b) It is the intent of the Legislature:
(1)CA Education Code § 8226(b)(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)CA Education Code § 8226(b)(2) That the department make better use of staff with direct field experience in early childhood programs.
(3)CA Education Code § 8226(b)(3) That better criteria be developed for the awarding, evaluating, and renewal of preschool contracts.
(4)CA Education Code § 8226(b)(4) That improvements be made in the method of reimbursing preschool providers.
(5)CA Education Code § 8226(b)(5) That increased effort be made to provide preschool program operators with technical assistance in meeting their contractual obligations.
preschool programs state administration technical assistance Superintendent of Public Instruction consistent regulations field experience contract evaluation contract renewal reimbursement methods technical support contractual obligations early childhood provider agencies preschool operators preschool contracts
(Added by renumbering Section 8255 by Stats. 2021, Ch. 116, Sec. 58. (AB 131) Effective July 23, 2021.)

Section § 8227

Explanation

This section requires the department to create methods for reviewing how agencies are monitored and also how they receive training and technical support each year.

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.
annual evaluation monitoring processes training technical assistance contracting agencies review methods department responsibilities support procedures agency oversight evaluation methods process development monitoring review contract management annual procedures technical support evaluation
(Repealed and added by Stats. 2021, Ch. 116, Sec. 30. (AB 131) Effective July 23, 2021.)

Section § 8228

Explanation

This section details the responsibilities of the department in handling contracts with agencies. They must penalize agencies that have major licensing issues as identified by another department. If a contract is being ended, a 90-day written notice is required, unless it's an immediate termination under specific conditions. The department can place the agency in receivership, appointing an experienced, non-department individual to manage it, ensuring compliance with contract terms.

The department shall do all of the following in administering the provisions of this chapter:
(a)CA Education Code § 8228(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)CA Education Code § 8228(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.
sanctions serious licensing violations termination notification contracting agencies receivership receiver appointment early childhood programs contract termination procedures State Department of Social Services Health and Safety Code Section 1597.11 contract management early childhood administration written notification contract compliance immediate terminations
(Added by renumbering Section 8257 by Stats. 2021, Ch. 116, Sec. 61. (AB 131) Effective July 23, 2021.)

Section § 8229

Explanation

This law section outlines restrictions on certain state employees involved with preschool programs when it comes to post-employment activities. Specifically, individuals in policymaking roles at the department cannot serve on boards for agencies they fund, unless appointed before January 1, 1985. Former state employees involved in contract-related activities are barred from entering into contracts they were involved with for two years after leaving employment. Moreover, those in policymaking roles cannot enter into contracts concerning preschool programs or work for related contractors for 12 months post-employment. The restrictions do not apply to those in these situations before 1985.

(a)CA Education Code § 8229(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)CA Education Code § 8229(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)CA Education Code § 8229(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)CA Education Code § 8229(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)CA Education Code § 8229(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.
preschool programs policymaking positions board of directors advisory council contract prohibitions State Civil Service post-employment restrictions negotiation activities employment separation two-year rule 12-month rule retirement state department prior to January 1985 decisionmaking process
(Added by renumbering Section 8258 by Stats. 2021, Ch. 116, Sec. 62. (AB 131) Effective July 23, 2021.)

Section § 8230

Explanation

This section explains that the department is responsible for managing resources and providing support to ensure programs are running smoothly. They should also try to get as much federal money as possible to support children eligible for federal funds and find other ways to support those who aren't eligible.

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.
resource development technical assistance program monitoring federal reimbursement eligible children federal funds alternative funding program implementation children support funding coordination federal eligibility
(Added by renumbering Section 8260 by Stats. 2021, Ch. 116, Sec. 63. (AB 131) Effective July 23, 2021.)

Section § 8231

Explanation

This law requires the Superintendent to create rules for handling child development contracts. It includes prioritizing local agencies for new contracts, monitoring how funds are spent, setting performance standards, and requiring regular reporting. The rules also allow site visits to ensure compliance and mandate agencies to reapply for funding every five years. Additionally, there are provisions for expediting preschool service expansions, including flexible application processes and possibly waiving some usual evaluation rules.

(a)CA Education Code § 8231(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)CA Education Code § 8231(a)(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)CA Education Code § 8231(a)(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)CA Education Code § 8231(a)(3) Specify adequate standards of agency performance.
(4)CA Education Code § 8231(a)(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)CA Education Code § 8231(a)(5) Specify standards for withholding payments to agencies that fail to submit required fiscal reports.
(6)CA Education Code § 8231(a)(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)CA Education Code § 8231(a)(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)CA Education Code § 8231(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)CA Education Code § 8231(b)(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)CA Education Code § 8231(b)(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.
child development contracts agency selection contract monitoring performance standards reporting requirements withholding payments site visits funding recompete preschool services expansion alternative application process regulation waiver local agency priority contract compliance service area contracts fiscal reporting
(Amended by Stats. 2024, Ch. 998, Sec. 6. (AB 176) Effective September 30, 2024.)

Section § 8231.5

Explanation

This section allows the Superintendent to ask any organization that employs people with an assistant teacher permit to report data on how many such permits are held, or how many waivers were granted. This information has to be part of the organization's annual self-evaluation plan or another existing reporting method. Additionally, the Superintendent can create informal guidelines to make this process happen, without having to follow the usual rules for making formal regulations.

(a)CA Education Code § 8231.5(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)CA Education Code § 8231.5(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.
Superintendent assistant teacher permit contracting agency data collection Section 8301.1 waivers program self-evaluation annual plan Title 5 of the California Code of Regulations informal directives implementation bulletins reporting requirements education data employment qualifications
(Added by Stats. 2025, Ch. 165, Sec. 2. (AB 753) Effective October 1, 2025.)

Section § 8232

Explanation

This law allows the Superintendent of Public Instruction to collect information from agencies, including schools, that are working with the department. This gathered data is used to fulfill state and federal reporting duties and to help run preschool programs better.

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.
Superintendent of Public Instruction preschool programs information collection public agencies private agencies local educational agencies state reporting requirements federal reporting requirements contracting department of education effective administration data submission reporting duties program management education agencies
(Added by renumbering Section 8261.5 by Stats. 2021, Ch. 116, Sec. 65. (AB 131) Effective July 23, 2021.)

Section § 8233

Explanation

This law allows California's Superintendent of Public Instruction to make contracts with various entities to provide preschool services and related resources. However, before making any agreements, they need yearly approval from two state departments: General Services and Finance. The agreements must strictly follow the rules outlined in the relevant chapter of the law.

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.
Superintendent of Public Instruction preschool services contractual agreements public entities private entities property facilities personnel supplies equipment administrative services Department of General Services Department of Finance annual approval form and general content
(Added by renumbering Section 8262 by Stats. 2021, Ch. 116, Sec. 66. (AB 131) Effective July 23, 2021.)

Section § 8234

Explanation

This section states that contractors working under this chapter can keep electronic records if they follow specific standards, though they aren't required to switch from paper to digital. They must keep these records for at least five years or until any state agency audit is resolved. Additionally, contractors can use digital signatures, which are as legally valid as handwritten ones, provided they meet certain standards.

Contractors operating or providing services pursuant to this chapter may do both of the following:
(a)Copy CA Education Code § 8234(a)
(1)Copy CA Education Code § 8234(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)CA Education Code § 8234(a)(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)CA Education Code § 8234(a)(3) This subdivision does not require a contractor to create records electronically.
(b)Copy CA Education Code § 8234(b)
(1)Copy CA Education Code § 8234(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)CA Education Code § 8234(b)(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.
electronic records digital signature record retention audit resolution electronic format standards Government Code Section 12168.7 trustworthy document preservation Chapter 15 Division 7 Section 22620.1 five-year record retention state agency audit electronic record storage handwritten signature digital signature standards Section 16.5 Government Code
(Added by renumbering Section 8262.1 by Stats. 2021, Ch. 116, Sec. 67. (AB 131) Effective July 23, 2021.)

Section § 8235

Explanation

This law allows contractors who provide certain services to use digital forms for families to apply, as long as they meet state and federal rules.

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.
contractors digital forms family applications service provision state standards federal standards application compliance service providers online applications digital compliance
(Added by renumbering Section 8262.2 by Stats. 2021, Ch. 116, Sec. 68. (AB 131) Effective July 23, 2021.)

Section § 8236

Explanation
Once the Fi$Cal Project is up and running in the department, contractors can ask to have their payments directly deposited into their bank accounts using the electronic funds transfer system.
On and after the date on which the Superintendent determines that the Financial Information System for California (Fi$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$Cal Project into the contractor’s account at the financial institution of the contractor’s choice.
Fi$Cal Project direct deposit electronic funds transfer contractor payments Superintendent Controller financial institution payment request implementation contract execution Section 8233 bank account financial information system request process department contracts
(Added by renumbering Section 8262.3 by Stats. 2021, Ch. 116, Sec. 69. (AB 131) Effective July 23, 2021.)

Section § 8237

Explanation

This California law allows the Superintendent of Public Instruction to give a temporary certificate of operation to preschool facilities when a contract is transferred, ensuring that children continue to receive care without interruption. The preschool must have no safety issues and needs this certificate to qualify for state or federal funds. The certificate is a temporary substitute for a regular childcare license, with the facility having to apply for a permanent license within 15 working days, or the certificate becomes invalid once the license is either granted or denied.

(a)CA Education Code § 8237(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)CA Education Code § 8237(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)CA Education Code § 8237(b)(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)CA Education Code § 8237(b)(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)CA Education Code § 8237(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)CA Education Code § 8237(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.
preschool facilities certificate of operation continuity of services childcare licensing temporary certification Superintendent of Public Instruction State Department of Social Services child safety state funds federal funds eligibility license application deadline transfer of contracts temporary childcare approval health and safety standards Title 22 compliance
(Added by renumbering Section 8262.5 by Stats. 2021, Ch. 116, Sec. 70. (AB 131) Effective July 23, 2021.)

Section § 8238

Explanation

This law allows the Superintendent to make exceptions or adjust the rules for preschool programs so they can more effectively serve eligible children in areas where there aren't many people.

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.
Superintendent preschool requirements waive modify eligible children low population areas preschool programs exceptions adjust rules serve combinations rural communities child eligibility California state preschool program flexibility education access
(Added by renumbering Section 8264.5 by Stats. 2021, Ch. 116, Sec. 78. (AB 131) Effective July 23, 2021.)

Section § 8239

Explanation

This law allows California's Superintendent of Public Instruction to offer help and guidance to new agencies that are starting out with preschool contracts. It also supports those running preschools at odd hours, in places that don't have enough preschool services, or for kids who need special kind of care.

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.
Superintendent of Public Instruction outreach services technical assistance new contracting agencies preschool services nontraditional times underserved geographic areas children with special childcare needs early childhood education support for preschools education assistance childcare programs preschool guidance special childcare support geographic area support
(Added by renumbering Section 8264.6 by Stats. 2021, Ch. 116, Sec. 79. (AB 131) Effective July 23, 2021.)

Section § 8240

Explanation

This law section outlines the rules for staffing preschool programs that are contracted by the department. It emphasizes hiring individuals whose ethnic backgrounds reflect that of the children served. Teachers have direct supervision responsibilities, including overseeing aides. Family childcare homes must follow specific adult-to-child ratios. When approving programs under new ratios or standards, several factors are considered, such as the facility type, potential funding changes, the mix of subsidized and non-subsidized children, and the cost-effectiveness of the ratios.

(a)CA Education Code § 8240(a) The Superintendent shall establish rules and regulations for the staffing of all preschool programs under contract with the department.
(b)CA Education Code § 8240(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)CA Education Code § 8240(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)CA Education Code § 8240(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)CA Education Code § 8240(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)CA Education Code § 8240(e)(1) The type of facility in which care is being or is to be provided.
(2)CA Education Code § 8240(e)(2) The ability of the Superintendent to implement a funding source change.
(3)CA Education Code § 8240(e)(3) The proportion of nonsubsidized children enrolled or to be enrolled by the agency.
(4)CA Education Code § 8240(e)(4) The most cost-effective ratios possible for the type of services provided or to be provided by the agency.
preschool programs staffing rules ethnic background teacher supervision aides supervision adult/child ratios family childcare homes funding source change nonsubsidized children cost-effective ratios
(Amended by Stats. 2022, Ch. 571, Sec. 7. (AB 185) Effective September 27, 2022.)

Section § 8241

Explanation

This law sets temporary rules for how many adults and teachers need to be present for different age groups in childcare centers until official regulations are made. For babies up to 2 years old, there should be one adult for every 3 kids and one teacher for every 18 kids. For infants and toddlers up to 2 years, it’s one adult for 4 kids and one teacher for 16 kids. For kids 3 to 6 years old, the ratio is one adult for every 8 kids and one teacher for every 24 kids. Kids 6 to 10 require one adult for 14 kids and one teacher for 28, while those aged 10 to 13 need one adult for 18 kids and one teacher for 36. If you have mixed-age groups, the number of adults and teachers should be adjusted to fit the age and group size.

Until the Superintendent of Public Instruction promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply:
(a)CA Education Code § 8241(a) Infants, 0 to 2 years old—1:3 adult-child ratio, 1:18 teacher-child ratio.
(b)CA Education Code § 8241(b) Infants and toddlers, 0 to 2 years old—1:4 adult-child ratio, 1:16 teacher-child ratio.
(c)CA Education Code § 8241(c) Children 3 to 6 years old—1:8 adult-child ratio, 1:24 teacher-child ratio.
(d)CA Education Code § 8241(d) Children 6 to 10 years old—1:14 adult-child ratio, 1:28 teacher-child ratio.
(e)CA Education Code § 8241(e) Children 10 to 13 years old—1:18 adult-child ratio, 1:36 teacher-child ratio.
(f)CA Education Code § 8241(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.
staffing ratios childcare centers infant care teacher-child ratio adult-child ratio child age groups temporary rules superintendent regulations mixed-age groups center-based programs
(Added by renumbering Section 8264.8 by Stats. 2021, Ch. 116, Sec. 81. (AB 131) Effective July 23, 2021.)

Section § 8241.5

Explanation

This law aims to improve the understanding and support of dual language learners in publicly funded preschool programs. Schools must use a family language survey to identify these learners upon enrollment. Teachers and staff will conduct family language interviews to understand each child's language needs better. The Superintendent will create regulations and guidance to ensure data on dual language learners is collected and reported accurately. Programs must report details about home language, child's race, language program characteristics, and staff language composition. These processes are solely the responsibility of state preschool contracts, not family childcare providers. Parents are not required to participate in these assessments, nor will refusal affect the program contract or child eligibility.

(a)CA Education Code § 8241.5(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)CA Education Code § 8241.5(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)CA Education Code § 8241.5(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)Copy CA Education Code § 8241.5(c)(1)
(A)Copy CA Education Code § 8241.5(c)(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)CA Education Code § 8241.5(c)(1)(A)(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)CA Education Code § 8241.5(c)(1)(A)(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)CA Education Code § 8241.5(c)(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)CA Education Code § 8241.5(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)CA Education Code § 8241.5(e) The reported data about dual language learners and a preschool program shall include, at a minimum, all of the following:
(1)CA Education Code § 8241.5(e)(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)CA Education Code § 8241.5(e)(2) A child’s race or ethnicity.
(3)CA Education Code § 8241.5(e)(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)CA Education Code § 8241.5(e)(4) The language composition of the program staff.
(f)CA Education Code § 8241.5(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)Copy CA Education Code § 8241.5(g)
(1)Copy CA Education Code § 8241.5(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)CA Education Code § 8241.5(g)(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)CA Education Code § 8241.5(h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System.
(i)CA Education Code § 8241.5(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)CA Education Code § 8241.5(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)CA Education Code § 8241.5(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)Copy CA Education Code § 8241.5(l)
(1)Copy CA Education Code § 8241.5(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)CA Education Code § 8241.5(l)(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)CA Education Code § 8241.5(l)(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.
dual language learners family language instrument preschool programs language needs state preschool contractors family language interview linguistic support language identification preschool data reporting Superintendent regulations home language language proficiency immersion programs language development parental consent
(Amended by Stats. 2023, Ch. 435, Sec. 1. (AB 393) Effective January 1, 2024.)