text:
(a) (1) A child is eligible for the part-day California state preschool program if both of the following requirements are met:

(A) The child is one of the following:

(i) A three-year-old child.

(ii) A four-year-old child.

(iii) Enrolled in kindergarten pursuant to Section 48000.

(B) The child’s family is one of the following:

(i) A current aid recipient.

(ii) Income eligible.

(iii) Homeless.

(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.

(v) (I) One that has children with exceptional needs, as defined in Section 8205.

(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.

(vi) One who has a member of its 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. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.

(vii) One whose parent or guardian is employed by a local educational agency.

(2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.

(3) Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).

(4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll three- and four-year-old children.

(b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000.

(c) (1) Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.

(2) (A) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1).

(B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.

(C) (i) Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii).

(ii) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1).

(iii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1).

(3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.

(4) (A) Notwithstanding the rulemaking provisions 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022.

(B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023.

(d) (1) A child is eligible for a full-day California state preschool program if all of the following requirements are met:

(A) The child is one of the following:

(i) A three-year-old child.

(ii) A four-year-old child.

(B) The child’s family is one of the following:

(i) A current aid recipient.

(ii) Income eligible.

(iii) Homeless.

(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.

(v) (I) One that has children with exceptional needs, as defined in Section 8205.

(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.

(vi) One who has a member of its 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. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.

(vii) One whose parent or guardian is employed by a local educational agency.

(C) The child’s family needs the childcare services because of either of the following:

(i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:

(I) A recipient of protective services.

(II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.

(III) Being homeless.

(ii) The child’s parents are one of the following:

(I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.

(II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.

(III) Employed or seeking employment.

(IV) Seeking permanent housing for family stability.

(V) Incapacitated.

(VI) Participating in a CalWORKs program activity.

(2) (A) Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.

(B) (i) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A).

(ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.

(iii) (I) Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III).

(II) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A).

(III) The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A).

(C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.

(D) (i)Notwithstanding the rulemaking provisions 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022.

(ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023.

(3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.

(4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1).

(5) After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll any three- or four-year-old child.

(e) (1) With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months, including when a family member transfers to another California state preschool program or when a child is voluntarily disenrolled by their family for any period of time during eligibility.

(2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205.

(3) A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.

(f) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.

(2) Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud.

(g) (1) Notwithstanding the rulemaking provisions 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before January 1, 2027.

(2) The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2028.

(h) The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes.

(i) This section shall become operative on July 1, 2027.

history: (History: Amended (as amended by Stats. 2025, Ch. 88, Sec. 2) by Stats. 2026, Ch. 25, Sec. 4. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


kind: section

code: EDC

citation: EDC § 8209

text:
(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.

history: (History: Added by Stats. 2021, Ch. 116, Sec. 22. (AB 131) Effective July 23, 2021.)

division: 1. GENERAL EDUCATION CODE PROVISIONS

title: 1. GENERAL EDUCATION CODE PROVISIONS

chapter: 2. Early Education Act

article: 2. Program Administration

path: 1. GENERAL EDUCATION CODE PROVISIONS > 1. GENERAL EDUCATION CODE PROVISIONS > 6. EDUCATION PROGRAMS—STATE MASTER PLANS > 2. Early Education Act > 2. Program Administration


citation: EDC § 8210

text:
(a) Each applicant or contracting agency shall give priority for part-day programs according to the following:

(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency.

(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.

(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.

(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.

(B) Within this priority category, eligible children from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(5) (A) The fifth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(6) (A) The sixth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213.

(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.

(7) After all otherwise eligible children have been enrolled in the first through sixth priority categories, as described in paragraphs (1) to (6), inclusive, a provider may enroll any eligible child pursuant to Section 8208.

(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.

(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

history: (History: Amended (as amended by Stats. 2024, Ch. 998, Sec. 2) by Stats. 2026, Ch. 25, Sec. 5. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 6 of Stats. 2026, Ch. 25.)

part: 6. EDUCATION PROGRAMS—STATE MASTER PLANS

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


text:
(a) Each applicant or contracting agency shall give priority for part-day programs according to the following:

(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.

(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.

(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.

(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.

(B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213.

(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.

(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, a provider may enroll any eligible child pursuant to Section 8208.

(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.

(c) This section shall become operative on July 1, 2027.

history: (History: Amended (as added by Stats. 2024, Ch. 73, Sec. 10) by Stats. 2026, Ch. 25, Sec. 6. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8211

text:
(a) Each applicant or contracting agency shall give priority for full-day programs according to the following:

(1) (A) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency.

(B) If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.

(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213.

(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.

(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.

(B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(5) (A) The fifth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(6) (A) The sixth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213.

(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.

(C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first.

(ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.

(7) After all otherwise eligible children have been enrolled in the first through sixth priority categories, as described in paragraphs (1) to (6), inclusive, a provider may enroll any eligible child pursuant to Section 8208.

(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.

(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

history: (History: Amended (as amended by Stats. 2024, Ch. 998, Sec. 3) by Stats. 2026, Ch. 25, Sec. 7. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 8 of Stats. 2026, Ch. 25.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


text:
(a) Each applicant or contracting agency shall give priority for full-day programs according to the following:

(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.

(2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213.

(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first.

(3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(4) (A) The fourth priority for services shall be given to children of employees of a local educational agency.

(B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213.

(B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.

(C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first.

(ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.

(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, a provider may enroll any eligible child pursuant to Section 8208.

(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.

(c) This section shall become operative on July 1, 2027.

history: (History: Amended (as added by Stats. 2024, Ch. 73, Sec. 12) by Stats. 2026, Ch. 25, Sec. 8. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8212

text:
(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.

history: (History: Added by renumbering Section 8235.5 by Stats. 2021, Ch. 116, Sec. 34. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8213

text:
(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 initial income eligibility for services at the time of enrollment will be in effect, regardless of an increase in income.

(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).

history: (History: Amended by Stats. 2026, Ch. 25, Sec. 9. (AB 150) Effective June 29, 2026.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


text:
(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.

history: (History: Added by Stats. 2022, Ch. 923, Sec. 4. (SB 1047) Effective January 1, 2023.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8214

text: 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.

history: (History: Repealed and added by Stats. 2021, Ch. 116, Sec. 27. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8215

text:
(a) 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.

(b) The monitoring shall include projections of total enrollment, age of enrolled, and contract earnings, and the projections shall be collected from providers through surveys by October 1 of each fiscal year.

history: (History: Amended by Stats. 2026, Ch. 25, Sec. 10. (AB 150) Effective June 29, 2026.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8216

text:
(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.

history: (History: Added by renumbering Section 8236.2 by Stats. 2021, Ch. 116, Sec. 37. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8217

text:
(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a school district or public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are unduplicated pupils, as defined in subdivision (b) of Section 42238.02, may enroll two-, three-, and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:

(1) Enrollment of eligible two-, three-, and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within, or have a parent or guardian who is employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located. Providers shall require proof of residency or employment location as a condition of enrollment.

(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.

(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023.

(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024.

(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.

(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

history: (History: Amended (as amended by Stats. 2024, Ch. 998, Sec. 4) by Stats. 2026, Ch. 25, Sec. 11. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 12 of Stats. 2026, Ch. 25.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


text:
(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a school district or public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are unduplicated pupils, as defined in subdivision (b) of Section 42238.02, may enroll three- and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:

(1) Enrollment of eligible three- and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within, or have a parent or guardian who is employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located. Providers shall require proof of residency or employment location as a condition of enrollment.

(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.

(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023.

(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024.

(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.

(d) This section shall become operative on July 1, 2027.

history: (History: Amended (as added by Stats. 2024, Ch. 998, Sec. 5) by Stats. 2026, Ch. 25, Sec. 12. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8220

text:
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.

history: (History: Added by renumbering Section 8238 by Stats. 2021, Ch. 116, Sec. 40. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8221

text:
(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.

history: (History: Added by renumbering Section 8238.4 by Stats. 2021, Ch. 116, Sec. 41. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8222

text:
(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.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 42. (AB 1170) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8223

text:
(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).

history: (History: Added by renumbering Section 8246 by Stats. 2021, Ch. 116, Sec. 49. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


text:
(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.

history: (History: Added by Stats. 2023, Ch. 193, Sec. 2. (SB 140) Effective September 13, 2023.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8224

text:
(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.

history: (History: Added by renumbering Section 8250 by Stats. 2021, Ch. 116, Sec. 52. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8225

text: 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.).

history: (History: Added by renumbering Section 8250.5 by Stats. 2021, Ch. 116, Sec. 53. (AB 131) Effective July 23, 2021.)

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 2. Program Administration


citation: EDC § 8226

text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration

path: 1. GENERAL EDUCATION CODE PROVISIONS > 1. GENERAL EDUCATION CODE PROVISIONS > 6. EDUCATION PROGRAMS—STATE MASTER PLANS > 2. Early Education Act > 3. Administration


citation: EDC § 8227

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8228

text:
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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8229

text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8230

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8231

text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8232

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8233

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8234

text:
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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8235

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8236

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8237

text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8238

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8239

text: 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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8240

text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


citation: EDC § 8241

text:
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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration


text:
(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.

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

title: 1. GENERAL EDUCATION CODE PROVISIONS

article: 3. Administration