State Preschool Program

Overview

California's State Preschool Program serves children between the ages of three and five from low-income families.  State funding flows through school districts and county offices of education to pre-k classes in public schools, Head Start agencies and private child care agencies. Preference for funding is given to areas that serve a large percentage of low-income families. According to the National Institute for Early Education Research, California served 10% of its four-year-olds in the State Preschool Program in 2005-2006 (a slight decrease from 11% the prior year) with $3,341 per child in funding.

In June 2006, Californians rejected Proposition 82, a ballot initiative that would have made part-day preschool available on a voluntary basis for all four-year-olds. The ballot initiative called for raising income taxes for the top one percent of earners in order to fund the universal preschool program. Following that rejection, the state passed a budget for 2006-2007 that included an additional $50 million to expand the targeted preschool program for four-year-olds, plus a one time $50 million appropriation to build and improve preschool facilities.

State Policy

In expanding the state preschool program in 2006, the legislature adopted the research-based findings that quality preschool benefits children, families, and society. They also recognized that the program presents an "enormous opportunity" for the state to improve school readiness skills.

The legislature has previously stated its intent that early childhood education and child development programs be a "concomitant part" of the state's public education system because they provide young children, particularly those from low-income families, an equal opportunity for later school success by preparing them for participation in the public schools and by assisting them in resolving any special school-related problems.  Thus, in calculating "the minimum level of funding for the support of school districts," as required by the California constitution, the legislature has included funding for early childhood education and development programs in the school funding formula.

Eligibility Criteria

California's state preschool program serves pre-kindergarten children three to five years of age. First priority is given to children who have been neglected or abused, or are at risk of being neglected or abused. Thereafter, preference is given to children in low-income families who meet the eligibility standards in accordance with a set of priorities. If full enrollment of eligible children is not attained, the preschool provider may enroll a limited number of children who are not otherwise eligible for participation because of their age or family income. The preschool expansion funds included in the 2006 State Budget are targeted at programs for 4-year-olds in school districts performing in the lowest 30% measured by the state’s academic performance index.

Program Length/Duration

California's state preschool program is half-day. Classes are operated for a minimum of three hours per day for a minimum of 175 days per year, unless the child development contract specifies a lower minimum days of operation. However, through the use of other federal and state funding sources, a substantial number of full-time slots have been created. Full day, extended year programs are particularly encouraged and supported in districts receiving funds under the 2006 preschool expansion program.

Funding

Preschool programs are funded through a mix of federal funds and appropriations of general revenue from the state. Reimbursement to providers is on a per capita basis.  The award of new funding for the expansion of programs is based on a set of funding priorities, which gives preference to providers that serve a high percentage of four-year-olds.  The funding added to the state preschool program in 2006 is targeted at districts performing poorly on the state Academic Performance Index. No fees may be assessed for families whose children are enrolled in the state program.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIERR) gave California's preschool program a rating of 4 out of 10.  The state has adopted pre-kindergarten learning development guidelines, which identify appropriate developmental milestones and basic beginning skills, but do not meet NIEER’s benchmark for comprehensive curriculum content standards.  State regulations include minimal requirements for program directors , but do not require a bachelor’s degree for pre-k teachers or a CDA or equivalent for assistant teachers, thereby failing to satisfy NIEER’s standards for qualified teachers. Teachers are, however, required to have training in child development or early childhood education that meets NIEER’s standards for specialized training. The California program does not set a maximum class size or fulfill NIEER’s meal/snack requirement or standards for health screening and referral. State regulations meet NIEER’s standard for staff-child ratio by requiring a ratio of one adult per eight children. California’s site visit and monitoring requirements meet NIEER’s monitoring benchmark. Regulations also encourage educational continuity from preschool through grade 3 and parental involvement.  

Delivery of Preschool Services

The state department of education oversees the California State Preschool Program. Local programs may be administered through local educational agencies, colleges, community action agencies and private nonprofit agencies that meet the definition of applicant or contracting agency. If a district chooses not to participate in the preschool program, the superintendent must work with the county office of education or other eligible agencies to contract or subcontract the program.

Requirements for Student Assessment and Program Evaluation

The Superintendent of Public Instruction is required to evaluate the effectiveness of the prekindergarten program, and to estimate its costs and benefits. The evaluation is to be based on, among other things, standardized achievement testing of the participating children, including tests administered in the Third Grade.

Legal Framework

Education Clause in State Constitution

The California Constitution requires the legislature to "encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement" by providing for "a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year . . . ."  The methods for funding the state's school system are set forth in great detail in the Constitution.

Summary of Case Law on School Finance System

The California Supreme Court found in the first two Serrano v. Priest decisions, Serrano I and II, that the state's property-tax-based school finance system violated the state's equal protection clause because it did not withstand the "strict scrutiny" that is given to the denial of a fundamental right, such as education.  The Court ordered the legislature to equalize funding among school districts.  Rather than level school funding up to the amount spent in high-wealth districts, the legislature ultimately equalized school funding down to the level spent by the low-wealth districts.  Thus, when plaintiffs challenged the state's school finance system for the third time in Serrano III, the Court found no inequality and therefore no equal protection violation.  Since plaintiffs' claim was based on equal protection rather than educational adequacy, the Court did not articulate a standard for a constitutionally adequate education.  

In 1999, several advocacy organizations filed an adequacy suit, Williams v. State, in Superior Court in San Francisco challenging inadequate conditions in schools throughout the state. The case settled just before going to trial in August 2004. The settlement terms require the state to (1) provide $800 million for school repairs and $139 million for instructional materials, (2) create a school facilities needs assessment program, (3) create standards for instructional materials and facilities, and (4) eliminate the staggered and shortened school year by 2012.

Summary of Case Law on Preschool

In California Teachers Association v. Hayes, the California appellate court upheld the state's inclusion of child-care funding in the calculation of minimum education funding, rejecting the claim that such action was beyond the legislature's constitutional authority and recognizing the legislature's clear intent to make early childhood education a "concomitant part of the educational system."

Constitutional Provisions on Public Education

Ca. Const., art. IX, § 1

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Const., art. IX, § 5

The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.

Ca Const., art. IX, § 6

. . . The Public School System shall include all kindergarten schools, elementary schools, secondary schools, technical schools, and State colleges, established in accordance with law and, in addition, the school districts and the other agencies authorized to maintain them. No school or college or any other part of the Public School System shall be, directly or indirectly, transferred from the Public School System or placed under the jurisdiction of any authority other than one included within the Public School System.

The Legislature shall add to the State School Fund such other means from the revenues of the State as shall provide in said fund for apportionment in each fiscal year, an amount not less than one hundred eighty dollars ($180) per pupil in average daily attendance in the kindergarten schools, elementary schools, secondary schools, and technical schools in the Public School System during the next preceding fiscal year.

The entire State School Fund shall be apportioned in each fiscal year in such manner as the Legislature may provide, through the school districts and other agencies maintaining such schools, for the support of, and aid to, kindergarten schools, elementary schools, secondary schools, and technical schools except that there shall be apportioned to each school district in each fiscal year not less than one hundred twenty dollars ($120) per pupil in average daily attendance in the district during the next preceding fiscal year and except that the amount apportioned to each school district in each fiscal year shall be not less than twenty-four hundred dollars ($2,400) . . . .

Ca. Const., art. VVI, § 8

(a) From all state revenues there shall first be set apart the moneys to be applied by the state for support of the public school system and public institutions of higher education.

(b) Commencing with the 1990-91 fiscal year, the moneys to be applied by the state for the support of school districts and community college districts shall be not less than the greater of the following amounts . . . .

(1) The amount which, as a percentage of General Fund revenues which may be appropriated pursuant to Article XIII B, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986-87.

(2) The amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B and allocated local proceeds of taxes shall not be less than the total amount from these sources in the prior fiscal year, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment and adjusted for the change in the cost of living pursuant to paragraph (1) of subdivision (e) of Section 8 of Article XIII B. This paragraph shall be operative only in a fiscal year in which the percentage growth in California per capita personal income is less than or equal to the percentage growth in per capita General Fund revenues plus one half of one percent . . . .

Ca. Const., art. VVI, § 8.5

(a) In addition to the amount required to be applied for the support of school districts and community college districts pursuant to Section 8, the Controller shall during each fiscal year transfer and allocate all revenues available pursuant to paragraph 1 of subdivision (a) of Section 2 of Article XIII B to that portion of the State School Fund restricted for elementary and high school purposes, and to that portion of the State School Fund restricted for community college purposes, respectively, in proportion to the enrollment in school districts and community college districts respectively.

(1) With respect to funds allocated to that portion of the State School Fund restricted for elementary and high school purposes, no transfer or allocation of funds pursuant to this section shall be required at any time that the Director of Finance and the Superintendent of Public Instruction mutually determine that current annual expenditures per student equal or exceed the average annual expenditure per student of the 10 states with the highest annual expenditures per student for elementary and high schools, and that average class size equals or is less than the average class size of the 10 states with the lowest class size for elementary and high schools . . . .

(b) Notwithstanding the provisions of Article XIII B, funds allocated pursuant to this section shall not constitute appropriations subject to limitation.

(c) From any funds transferred to the State School Fund pursuant to subdivision (a), the Controller shall each year allocate to each school district and community college district an equal amount per enrollment in school districts from the amount in that portion of the State School Fund restricted for elementary and high school purposes and an equal amount per enrollment in community college districts from that portion of the State School Fund restricted for community college purposes.

(d) All revenues allocated pursuant to subdivision (a) shall be expended solely for the purposes of instructional improvement and accountability as required by law.

(e) Any school district maintaining an elementary or secondary school shall develop and cause to be prepared an annual audit accounting for such funds and shall adopt a School Accountability Report Card for each school.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Serrano v. Priest, 5 Cal.3d 584, 608-09 (1971) ("Serrano I")

"We are convinced that the distinctive and priceless function of education in our society warrants, indeed compels, our treating it as a "fundamental interest."

School Finance Cases in Favor of Plaintiffs:

Serrano v. Priest, 5 Cal.3d 584, 614-15 (1971) ("Serrano I")

The California Supreme Court ruled that the state's property-tax-based school finance system was unconstitutional, stating that "[The] financing system, as presently constituted, is not necessary to the attainment of any compelling state interest. Since it does not withstand the requisite 'strict scrutiny,' it denies to the plaintiffs and others similarly situated the equal protection of the laws."

Serrano v. Priest, 18 Cal.3d 728, 768-69, 557 P.2d 929, 955-57 (Cal. 1977) ("Serrano II")

The California Supreme Court held that the state public school financing system violated the equal protection provisions of the State Constitution by conditioning the availability of school revenues upon district wealth, with resultant disparities in school revenue, and by making the quality of education dependent upon the level of district expenditure, notwithstanding the fact that the State Constitution authorizes such a system.  The Court ordered the Legislature to equalize funding among school districts. But see Serrano III, discussed below.

Butt v. State, 4 Cal.4th 668, 683 (1992)

In an action by parents challenging a school district decision to close school six weeks before the official end of the school year due to a revenue shortfall, the California Supreme Court ordered the state to ensure that school remained open until the end of the year, finding that it is "... well settled that the California Constitution makes public education uniquely a fundamental concern of the State and prohibits maintenance and operation of the common public school system in a way which denies basic educational equality to the students of particular districts."

Williams v. State, Superior Court of San Francisco County (settled September 2004)

Several advocacy organizations filed this class action in May 1999, alleging substandard educational conditions in schools throughout the state and seeking an order requiring the state to ensure the provision of educational basics such as qualified teachers, safe facilities, and textbooks. The complaint alleged that the state's failure to ensure basic educational opportunity for all children violates the education, equal protection and due process clauses in the state constitution. Just before going to trial, this case was settled in August 2004. The settlement terms require the state to (1) provide $800 million for school repairs and $139 million for instructional materials, (2) create a school facilities needs assessment program, (3) create standards for instructional materials and facilities, and (4) eliminate the staggered and shortened school year by 2012. 

Standard for a Constitutionally Adequate Education:

Not defined in case law.

School Finance Cases against Plaintiffs:

Serrano v. Priest, 226 Cal.Rptr. 584 (Cal. App. 1986) (Serrano III)

Following the California Supreme Court's directive in Serrano II to equalize school funding, the California Legislature adopted legislation that sought to curb property-tax-based revenue increases in wealthy districts while gradually increasing state aid to low-wealth districts. Then, in 1978, before state funding achieved equalization, California voters approved Proposition 13, which rolled back local tax assessments and capped tax rates at 1% of the reduced rate. The state became the primary source of school funding. At that point, the Legislature decided to equalize school funding down to the level spent by the low-wealth districts, rather than level it up to the amount spent in high-wealth districts. In 1986, plaintiffs unsuccessfully challenged the new funding level under the state equal protection clause. In upholding the state's school funding system, the California appellate court found that the wealth-related disparities among school districts had been reduced to insignificant difference. Since plaintiffs' claim was based on equal protection grounds, the court did not address the issue of whether the funding level was sufficient to assure educational adequacy.

Note:  This case may not be cited, pursuant to Cal. Rules of Court 976, 977, 979.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

California Teachers Association v. Hayes, 5 Cal. App.4th 1513, 7 Cal.Rptr.2d 699 (Cal. App. 1999)

The Court upheld the state legislative action to include child care funding in the calculation of minimum education funding, rejecting the claim that such action was beyond the Legislature's constitutional authority. The Court noted that the Legislature had "explained its purpose for including child care and development funds in the . . . funding guarantee," by stating, among other things, "The Legislature has stated its intent that early childhood education and child development programs be a 'concomitant part of the educational system' by providing young children an equal opportunity for later school success."  Ca. Teachers Ass'n, 5 Cal. App. 4th at 1520 n.3, 7 Cal.Rptr.2d at 703 n.3 (quoting 1989 Cal. Stat., ch. 1394, § 1).  See below for the full text of the legislative statement.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

Cal. Ed. Code § 8200 et seq.; 5 Cal. Admin. Code § 4425 et seq., Child Care and Development Services 

Cal. Ed. Code § 8235 et seq.; 5 Cal. Admin. Code § 18130 et seq., State Preschool Program

Cal. Ed. Code § 8360 et seq.; 5 Cal. Admin. Code § 80105 et seq., Child Development Program Personnel Qualifications

Provisions Expressing State Policy on Preschool:

2006 Cal. Stat., ch. 211, § 1: The Legislature finds and declares all of the following:

(a) A compelling body of respected research demonstrates that quality preschool programs benefit children and their families, the public school system, public safety, the economy, and society as a whole.

(b) California has an enormous opportunity to reach children at a time when they are eager and ready to learn. 90 percent of brain development takes place before age five, making early childhood the best time to invest in preschool programs that boost learning, creativity, and social skills. Preschool programs lay a strong foundation that helps children succeed in school and in life.

(c) Quality preschool experiences boost academic achievement in school, decrease grade retention, decrease special education placements, and increase graduation rates. Quality preschool further reduces the likelihood of later arrest and incarceration, and increases college attendance and earnings in adulthood. A recent Rand Corporation report states that every dollar invested in quality preschool in California would return as much as two to four dollars to the public.

(d) Quality preschool experiences decrease special education placements, in part because they have the potential to provide early identification and intervention for young children with exceptional needs, which can reduce the need for ongoing special education services. Providing access to quality preschool for children with exceptional needs can help support their development and prepare them for a successful transition to kindergarten and beyond.

(e) Research confirms the many benefits that children, parents, and preschool programs gain when parents are involved in their child’s preschool learning both inside the classroom and at home.

(f) The Council of Chief State School Officers has found that efforts to reform and strengthen public education cannot succeed without a concerted effort to support and improve programs that provide care and education for our youngest children.

1989 Cal. Stat., ch. 1394, § 1: The Legislature finds and declares as follows:

(a) Since 1932, early childhood education and child development programs have been operated as part of the school programs that are conducted under the authority of the Superintendent of Public Instruction. In the 1988-89 fiscal year, 110,000 children in California were served in the state program of early childhood education and child development administered by the Superintendent of Public Instruction, as set forth in Chapter 2 (commencing with section 8200) of Part 6 of the Education Code.

(b) Participation and enrollment in an early childhood education or child development program provides an opportunity for many children to hear their first English words (one in three speaks another language), to be introduced to the idea of numbers, to develop basic language concepts, to learn how to get along with other children and adults, and to begin to develop a positive self-image.

(c) The Legislature has stated its intent that early childhood education and child development programs be a 'concomitant part of the educational system' by providing young children an equal opportunity for later school success. Those programs are considered by the general public to be an integral and essential part of the state's public education system.

(d) Early childhood education programs for children of low-income families have been shown to increase high school graduation rates and college entry rates, to reduce the need for special education and grade level retention, and to reduce high school dropout rates.

(e) In the state's early childhood education and development programs, each child is to receive an education program which is appropriate to his or her developmental, cultural, and linguistic needs. Each child is to receive a developmental profile, updated at regular intervals, which will be passed on to his or her elementary school.

(f) In view of the unique function of early childhood education and child development programs, in supporting school districts by directly preparing children for participation in the public schools and by assisting those children in resolving special school-related problems, these programs constitute an essential and integral component of the overall system to carry out the mission of the public schools. Accordingly, in order to fully implement subdivision (b) of Section 8 of Article XVI of the California Constitution, which requires, in its introductory paragraph, a minimum level of funding 'for the support of' school districts, as defined, and community college districts, it is necessary to include, within the calculation of that funding, the funding provided by the Legislature for all early childhood education and development programs. Moreover, in accordance with the educational role of those programs, it is the responsibility of the Superintendent of Public Instruction to continue to ensure that all contracts for early childhood education and child development programs provide support to the public school system of this state through the delivery of appropriate educational services to the children served by the program. In addition, Section 8262.1 of the Education Code, as added by this act, constitutes a necessary statutory implementation of that determination, which is consistent with the legislative history of the statutes that provide for the operation of early childhood education and child development programs.

(g) For the period from the 1986-87 fiscal year to the present, the state's early childhood education and development programs have received funding adjustments for cost-of-living and enrollment increases that have been lower, overall, than the comparable adjustments for base revenue limits for school districts.

However, it is the intent of the Legislature that the inclusion of early childhood education and child development programs within the calculation of the state's education funding obligation pursuant to Proposition 98 is not to result in requiring in that calculation the use of the lower level of funding received by these programs in the 1986- 87 fiscal year.

Eligibility Criteria for State Preschool Program:

Cal. Ed. Code § 8235

(a) [State preschool programs] shall include, but not be limited to, . . . programs for prekindergarten children three to five years of age... .

... (c)  Priority for receiving state preschool services shall be given to low-income families who meet the eligibility standards as established by the Superintendent of Public Instruction, in accordance with the priorities set forth in Section 8236.

Cal. Ed. Code § 8236

(a) For purposes of this section, the following definitions apply:
 
         (1) "Eligible children" means children who are currently eligible for the state preschool program.
 
         (2) "Four-year-old children" means those children who will have their fourth birthday on or before December 2 of the fiscal year in which they are enrolled in a state preschool program.

     ... (5) "Three-year-old children" means those children who will have their third birthday on or before December 2 of the fiscal year in which they are enrolled in a state preschool program.

(b)    (1) Each applicant or contracting agency funded pursuant to Section 8235 shall give first priority to neglected or abused children who are recipients of child protective services, or recipients who are at risk of being neglected or abused, upon written referral from a legal, medical, or social service agency. . . .

        (2) After children in the first priority category set forth in paragraph (1) are served, each agency funded pursuant to Section 8235 shall serve eligible four-year-old children prior to serving eligible three-year-old children.

... (c) For state preschool programs operating with funding that was initially allocated in a prior fiscal year, at least half the children enrolled at a preschool site shall be four-year-olds. Any exception to this requirement shall be approved by the superintendent ...

Cal. Ed. Code § 8238.4(a)

… (2) [$45 million of the 2006 Budget Act preschool expansion funds] shall be assigned to programs located in the attendance area of elementary schools in deciles 1 to 3, inclusive, based on the 2005 base Academic Performance Index pursuant to Section 52056. Within elementary schools in deciles 1 to 3, inclusive, based on the 2005 base Academic Performance Index, preference shall be provided to underserved areas as described in subdivision (d) of section 8279.3.

(3) Notwithstanding any other provision of law, programs receiving funding in this section shall serve children who would attend kindergarten in the subsequent academic year. No child shall receive services from a program under this section for more than one year.

(4) Notwithstanding any other provision of law, a program receiving funding pursuant to this section may provide services to children in families above the income eligibility threshold, as described in Sections 8263 and 8263.1, if the number of contracted slots exceed the number of eligible children. No more than 20 percent of contracted slots may be filled by children in families above the income eligibility threshold. ...

5 Cal. Admin. Code § 4425

California State Preschool Program funds are directed at children of low-income families.  Preschool classes may be operated by any public agency or private agency which meets eligibility requirements.  Classes may be operated without regard to specific school sites, but preferably should be established in target areas to serve children who reside within the attendance areas of schools eligible for ESEA, Title I, or State Compensatory Education funds.

In order for children to be eligible for entrance into a State Preschool Education Program, the children must have reached their third birthday and have not yet reached the legally eligible age for kindergarten.

5 Cal. Admin. Code § 18131 

(a) The first priority for services shall be given to eligible children whose families have the lowest adjusted monthly income at the time of enrollment not to exceed the most recent schedule of income ceilings issued by the Child Development Division.

(b) Thereafter, the contractor may establish the following priorities in an order determined by the contractor:

       (1) Children who are identified as limited English or non-English proficient.

       (2) Children with exceptional needs and whose Individualized Education Plan (IEP) as described in Section 56026 of the Education Code and Sections 3030 and 3031 of Title 5 California Code of Regulations, identifies a State Preschool program as being an appropriate placement during all or part of the state preschool day as defined in Section 18136 of this Division.

       (3) Children from families whose special circumstances may diminish the children's opportunities for normal development.

       (4) Children who range in age from three years-nine months to four years-nine months.

       (5) Within these additional priorities, families with the lowest adjusted monthly income shall be admitted first.

(c) The basic data file shall include documentation to support the determination that the child meets the priority for service. If the priority for service is the child's exceptional need, the basic data file shall include documentation as specified in Section 18089(f) of this Division.

5 Cal. Admin. Code § 18132 

(a) The contractor shall certify eligibility no more than thirty (30) calendar days prior to the first day of the beginning of the new preschool year.

(b) After full enrollment is attained, the contractor shall prepare a waiting list based on the enrollment priorities set forth in Section 18131 of this Division.

5 Cal. Admin. Code § 18133 

(a) If no eligible children are on the waiting list, the contractor may enroll children who are not otherwise eligible for participation. This includes children who exceed the age limitations and children from families whose income exceeds the current income ceiling issued by the Child Development Division by fifteen percent (15%) or less of the adjusted monthly income for income eligible families of the same size.

(b) Children enrolled pursuant to subsection (a) above shall comprise a maximum of ten percent (10%) of the total enrollment.

(c) The contractor shall maintain the following information in the basic data file of children enrolled pursuant to this section:

       (1) Evidence that shows the contractor has made a diligent search for eligible children;

       (2) The child's family income; and

       (3) The specific reason(s) for enrolling each child.

(d) To the greatest extent possible, the contractor shall assign children enrolled pursuant to this section to all of the State Preschool program classes within the contractor's jurisdiction.

Note: Current income ceilings issued by the Child Development Division are found in the most recent Management Bulletins posted on the Department of Education website.

Cal. Ed. Code § 8971

. . . (d) "Preschool program" means a comprehensive developmental program for children who are too young to enroll in kindergarten.

. . . (g) "State preschool program," means a part-day comprehensive developmental program for children three to five years of age from low-income families, administered by the State Department of Education.

Program Length/Duration:

Cal. Ed. Code § 8325

(a) ... Those programs shall include, but not be limited to, part-day and preschool appropriate programs ... .

Cal. Ed. Code § 8239. The Superintendent shall encourage participating providers to offer full-day services through a combination of part-day preschool slots and part-day general child care and development programs. In order to facilitate a full-day of services, all of the following shall apply:

(a) Part-day preschool programs shall operate between 175 and 180 days.

(b) Part-day general child care and development programs may operate a minimum of 246 days per year unless the child development contract specified a lower minimum days of operation. Part-day general child care and development programs may operate a full-day for the remainder of the year after the completion of the preschool program.

(c) Full day services provided under this section shall be reimbursed at no more than the standard reimbursement rate with adjustment factors.

(d) Notwithstanding any provision of law, to be eligible for part-day child care, a child who is enrolled in a preschool program shall be required to meet the eligibility requirements specified in paragraph (4) of subdivision (a) of Section 8238.4 and the requirements pursuant to Section 8263 and 8263.1 at the time of enrollment in a preschool. Subsequent to enrollment, a child shall be deemed eligible for part-day care as long as the child is enrolled in a preschool program.

5 Cal. Admin. Code § 18136

The contractor shall operate classes a minimum of three (3) hours per day, excluding home-to-school transportation time, for a minimum of 175 days per year, unless the child development contract specified a lower minimum days of operation.

Cal. Ed. Code § 8971

... (g) "State preschool program," means a part-day comprehensive developmental program ... .

Scope of State's Responsibility to Provide Preschool:

Cal. Ed. Code § 8235

(a) The Superintendent of Public Instruction shall administer all state preschool programs. Those programs shall include, but not be limited to, part-day and preschool appropriate programs for prekindergarten children three to five years of age in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development.

Cal. Ed. Code § 8320

The governing board of any school district or a county superintendent of schools with the approval of the county board of education is authorized to establish and maintain child development programs upon the approval of, and subject to the regulations of the Superintendent of Public Instruction.

Cal. Ed. Code § 8972

(a) The governing board of any school district may establish an early primary program consisting of same-age pupils or any combination of state preschool or child development program, kindergarten, first, second, or third grade pupils, based on an integrated, experiential, and developmentally appropriate educational program. . . .

Scope of State's Responsibility to Fund Preschool:

Cal. Ed. Code § 8235

(a) The Superintendent of Public Instruction shall administer all state preschool programs in accordance with the funding priorities set forth in Section 8236 . . . . Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the Budget Act, and unless otherwise specified by the Legislature, shall not utilize federal funds made available through Title XX of the Social Security Act (42 U.S.C. Sec. 1397).

. . . (d)  Reimbursement for state preschool programs shall be on a per capita basis, as determined by the Superintendent of Public Instruction.

Cal. Ed. Code § 8236

. . . (d) The following provisions apply to the award of any new funding for the expansion of the state preschool program that is appropriated by the Legislature for that purpose in any fiscal year:
 
   (1) In an application for those expansion funds, an agency shall furnish the superintendent with an estimate of the number of four-year-old and three-year-old children that it plans to serve in the following fiscal year with those expansion funds. The agency also shall furnish documentation that indicates the basis of those estimates.
 
   (2) In awarding contracts for expansion pursuant to this subdivision, the superintendent, after taking into account the geographic criteria established pursuant to Section 8289, and the headquarters preferences and eligibility criteria relating to fiscal or programmatic noncompliance established pursuant to Section 8261, shall give priority to applicant agencies that, in expending the expansion funds, will be serving the highest percentage of four-year-old children. . . .

. . . (f) Nothing in this section shall prevent eligible children who are currently receiving services from continuing to receive those services in future years pursuant to this chapter.

Cal. Ed. Code § 8238.4

Of funds appropriated in Schedule (1) of Item 6110-196-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 48, Stats. 2006) for child development and preschool programs, fifty million dollars ($50,000,000) is available for expenditure by the Superintendent as follows:

Cal. Ed. Code § 8238.6. Notwithstanding any other provision of law, up to five million dollars ($5,000,000) of unearned contract funds appropriated in Schedule (1.5)(a) of Item 6110-196-0001 of Section 2.00 of the Budget Act of 2005 (Ch. 38, Stats. 2005) for general child care programs is available for expenditure by the Superintendent to provide direct child care services for children in participating classrooms to meet the child care needs of parents for the portion of each day that is not covered by services provided as part of a preschool program pursuant Section 8238.4.

Cal. Ed. Code § 8263

... (g)(1) No fees shall be assessed for families whose children are enrolled in the state preschool program.

5 Cal. Admin. Code § 4426

Districts maintaining programs under this chapter shall assure that the sum of local and state apportionment resources utilized in programs for participating students has not been reduced. . . .

5 Cal. Admin. Code 18110 

No fees shall be collected from the following types of families whose children are enrolled:

... (b) In the State Preschool Program; . . .

Source of Funding for Preschool Program:

California draws education money from a number of sources, as indicated in the Governor's budget.

None of the non-general fund taxes are specifically earmarked for preschool.

Scope of Child's Right to Attend Preschool:

No provisions to this effect.

Curriculum Content Standards for Preschool Program:

Cal. Ed. Code § 8203.3

(a) On or before June 30, 1999, the State Department of Education shall develop prekindergarten learning development guidelines. The development of these guidelines shall be funded from funds appropriated for this purpose in the Budget Act of 1998. The guidelines shall focus on preparing four- and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The State Department of Education may contract with an appropriate public or private agency to develop the guidelines.
 
(b) In future expenditure plans for quality improvement activities, the State Department of Education shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines.
 
(c) Programs funded by the State Department of Education under Article 6 (commencing with Section 8230), Article 7 (commencing with Section 8235), and Article 8 (commencing with Section 8240) shall use the prekindergarten learning development guidelines developed pursuant to this section.

Note: The Table of Contents of the Prekindergarten Learning & Development Guidelines is available on the California Department of Education's website.  A complete copy of the Guidelines can be ordered from the website.

Teacher Certification/Qualification Standards for Preschool Program:

Cal. Ed. Code § 8238.3

As a condition of receipt of funds pursuant to Section 8238.4, a participating program shall provide staff development for teachers in participating classrooms that includes, but is not limited to, all of the following:

(a) Development of a pedagogical knowledge including, but not limited to, improved instructional strategies.

(b) Knowledge and application of developmentally appropriate assessments of the prereading skills of children in participating classrooms.

(c) Information on working with families, including the use of on site coaching, for guided practice in interactive literacy activities.

Cal. Ed. Code § 8244

Employment of program director by entities providing direct services to children

(a) (1) Any entity operating child care and development programs funded pursuant to this chapter that provide direct services to children at two or more sites, including through more than one contract or subcontract funded pursuant to this chapter, shall employ a program director.
 
      (2) Programs providing direct services to children, for the purposes of this section, are . . . state preschool programs pursuant to Article 7 (commencing with Section 8235). . . .

Cal. Ed. Code § 8360

(a)(1) Child development programs shall include a career ladder program for classroom staff. Persons who are 18 years of age and older may be employed as aides …

(2) Persons employed as teachers shall possess a permit issued by the Commission on Teacher Credentialing authorizing service in the care, development, and instruction of children in a child care and development program.

(b) Any person who meets the following criteria is eligible to serve in an instructional capacity in a child care and development program:

(1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.

(2) Twelve units in early childhood education or child development, or both, or two years' experience in early childhood education or a child care and development program.

Cal. Ed. Code § 8360.1

Except as waived under Section 8242 and except as stated in Section 18203 of Title 5 of the California Code of Regulations regarding program directors in school age community child care services programs, any entity operating child care and development programs providing direct services to children, as defined in Section 8244, at two or more sites, shall employ a program director who possesses one of the following:
 
(a) A permit issued by the Commission on Teacher Credentialing authorizing supervision of a child care and development program operating in multiple sites.
 
(b) Any person who meets the following criteria is eligible to supervise a child care and development program operating in multiple sites and serve in an instructional capacity in a child care and development program:
 
     (1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.
 
     (2) Six units in administration and supervision of early childhood education or child development, or both. The requirement set forth in this paragraph does not apply to any person who was employed as a program director prior to January 1, 1993, in a child care and development program receiving funding under this chapter.
 
     (3) Twelve units in early childhood education or child development, or both, or at least two years' experience in early childhood education or a child care and development program.
 
(c) A waiver issued by the Superintendent of Public Instruction pursuant to Section 8244.

5 Cal. Admin. Code § 80109

The Commission on Teacher Credentialing shall issue the Child Development Permit for service in child care and development programs at the following levels:

(1) Child Development Assistant Permit.

(2) Child Development Associate Teacher Permit.

(3) Child Development Teacher Permit.

(4) Child Development Master Teacher Permit.

(5) Child Development Site Supervisor Permit.

(6) Child Development Program Director Permit.

(b) All permits may have a "School-Age Emphasis" added to them when the individual takes half of his/her coursework in school-age units. …

5 Cal. Admin. Code § 80110. Child Development Assistant Permit.

(a) Requirements. Each applicant for a Child Development Assistant Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:

(1) Completion of six (6) semester units of early childhood education or child development coursework;

(2) Completion of an accredited secondary Home Economics Related Occupations (HERO) program supported by local, federal, or Regional Occupational Center/Program (ROC/P) funds or Regional Occupational Program (ROP) in Child Development Related Occupations; or

(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.

(b) An individual may apply for this permit with a "School- Age Emphasis" by completing half of his/her units in school-age coursework.

(c) Term and Renewal. The Child Development Assistant permit shall be issued for five years and may be renewed for a five year period upon submission of the following:

(1) an application for renewal;

(2) required fees; and

(3) verification of completion of 105 hours of professional growth.

(d) Authorization.

(1)The Child Development Assistant Permit authorizes the holder to care for and assist in the development and instruction of children in a child care and development program under the supervision of a CDP Associate Teacher, CDP Teacher, CDP Master Teacher, CDP Site Supervisor, or CDP Program Director.

(2) The Child Development Assistant Permit With Schoolage Emphasis authorizes the holder to provide all of the services authorized for the Child Development Assistant Permit holder as well as provide services in the care, development, and instruction of children in before-school, afterschool and other school age child care programs.

5 Cal. Admin. Code § 80111. Child Development Associate Teacher Permit.

(a) Requirements. Each applicant for a Child Development Associate Teacher Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:

(1) All of the following:

(A) Completion of a minimum of 12 semester units of coursework in early childhood education/child development (exclusive of field work used to satisfy Section 80111 a. 1.B) including at least one course in each of the following core areas: child/human growth and development; child, family and community, or child and family relations; programs/ curriculum; and

(B) Fifty days of experience in an instructional capacity in a child care and development program, working at least three hours per day within the last two years.

(2) Completion of the Child Development Associate (CDA) Credential.

(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.

(b) An individual may apply for this permit with a "School- Age Emphasis" by completing half of his/her units in school-age coursework.

(c) Term and Renewal. A Child Development Associate Teacher Permit shall only be renewed once, and may only be held for a total of ten years. Upon expiration of the renewed Child Development Associate Teacher Permit, the applicant must qualify for the Child Development Teacher Permit.

(1) In order to renew the Child Development Associate Teacher Permit, the applicant must have completed at least fifteen (15) semester units toward the Child Development Teacher Permit.

(2) At the end of the five year renewal period, the applicant must meet all requirements for a Child Development Teacher Permit. The Child Development Associate Teacher Permit may not be renewed a second time.

(3) An application for renewal must be accompanied by the required fees and verification that all renewal requirements have been met.

(d) Authorization.

(1) A Child Development Associate Teacher Permit authorizes the holder to provide service in the care, development, and instruction of children in a child care and development program, and supervise a Child Development Assistant Permit holder and an aide.

(2) The Child Development Associate Teacher Permit With School-age Emphasis authorizes the holder to provide all of the services authorized for the Child Development Associate Teacher Permit holder as well as provide services in the care, development, and instruction of children in beforeschool, after-school and other school age child care programs.

5 Cal. Admin. Code § 80112. Child Development Teacher Permit.

(a) Requirements. Each applicant for a Child Development Teacher Permit shall comply with the procedure prescribed for application in Section 80107 and shall meet one of the following:

(1) All of the following:

(A) Completion of twenty-four semester units of course work in early childhood education/child development including at least one course in each of the following core areas: child/human growth and development; child, family and community, or child and family, relations; programs/ curriculum. Either of the following may be used to partially meet the 24-semester units requirements:

1. A two- or three-semester unit supervised field work course, including both the field and course work components, may be used toward the required 24 early childhood education/child development semester units, but the same field work course may not be used to meet the experience requirement listed in Section 80112(a)(1)(B).

2. Successful completion of the Child Development Associate (CDA) Credential, which may be used for nine semester units of credit toward the required 24 semester units.

(B) Completion of 175 days of experience in an instructional capacity in a child care and development program, working at least three hours per day within the last four years.

(C) Completion of sixteen diversified semester units in general education (i.e., at least one course in each of the following areas: Humanities and/or Fine Arts, Social Sciences, Math and/or Science, and English/Language Arts).

(2) Completion of an associate degree or higher in early childhood education or child development or a related field, with a three (3) semester unit supervised field experience in an early childhood education setting.

(3) Completion of equivalent training approved by the Commission on Teacher Credentialing. Equivalent training may include traditional coursework taken through a regionally accredited institution of higher education and Commission approved alternative education programs.

(b) An individual may apply for this permit with a "School- Age Emphasis" by completing half of his/her units in school-age coursework.

(c) Term and Renewal. The Child Development Teacher Permit shall be issued for five years and renewed for successive five year periods upon submission of:

(1) an application for renewal;

(2) required fees; and

(3) verification of completion of 105 hours of professional growth.

(d) Authorization.

(1) A Child Development Teacher Permit authorizes the holder to provide service in the care, development, and instruction of children in a child development program, and supervise a Child Development Permit Associate Teacher, a Child Development Permit Assistant, and an aide.

(2) The Child Development Teacher Permit With Schoolage Emphasis authorizes the holder to provide all of the services authorized for the Child Development Teacher Permit holder as well as provide services in the care, development, and instruction of children in before-school, after-school and other school age child care programs.

Other Quality Standards for Preschool Program:

Cal. Ed. Code § 8237

A state preschool program applicant or contracting agency has 120 calendar days prior to the first day of the beginning of the new preschool year to certify eligibility and enroll families into their program.

Cal. Ed. Code § 8238

As a condition of receipt of funds pursuant to Section 8238.4, a participating program shall include, but not be limited to, both of the following:

(a) Age and developmentally appropriate activities for children in participating classrooms that are designed to facilitate their transition to kindergarten.

(b) 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.

Cal. Ed. Code § 8238.1

As a condition of receipt of funds pursuant to Section 8238.4, a participating program shall coordinate the provision of all of the following:

(a) 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 the parent-school communications and parental understanding of school structures and expectations.

(3) Becoming active partners with teachers in the education of their children.

(b) 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.

Cal. Ed. Code § 8238.2.

A local educational agency on behalf of one or more participating programs may select a program coordinator whose duties may include the following:

(a) Developing a system to coordinate the provision of literacy services to families at the local educational agency and community level.

(b) Creating an organizational partnership between each program provider and an adult education program operated by a local educational agency or other community provider, as needed.

(c) Promoting parental involvement in participating classrooms.

Cal. Ed. Code § 8971

... (b) "Early primary program," means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten and grades 1 to 3, inclusive, that incorporates ... small-group instruction, peer interaction, . . . planned articulation among preschool, kindergarten and primary grades, and parent involvement and education.

Cal. Ed. Code § 8972

(a) ... Parent education and parent involvement shall be an integral part of the program.

5 Cal. Admin. Code § 18135 

If the contractor cannot recruit a sufficient number of parents or volunteers, the contractor shall hire teacher aides for each class to the extent required to meet adult/child ratios as set forth in Section 18290 of this Division.

5 Cal. Admin. Code § 18290

Contractors shall maintain at least the following minimum ratios in all centers:

... (c) Preschool (36 months to enrollment in kindergarten) -1:8 adult-child ratio, 1:24 teacher child ratio.

Delivery of Preschool Services:

Cal. Ed. Code § 8235

. . . (e)  Any agency described in subdivision (c) of Section 8208 as an "applicant or contracting agency" is eligible to contract to operate a state preschool program.

Cal. Ed. Code § 8208

... (c) "Applicant or contracting agency" means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.

Cal. Ed. Code § 8236

... (e) Nothing in this section shall be deemed to preclude a local educational agency from subcontracting with an appropriate public or private agency to operate a state preschool program and to apply for funds made available for the purposes of this section. If a school district chooses not to operate or subcontract for a state preschool program, the superintendent shall work with the county office of education and other eligible agencies to explore possible opportunities in contracting or alternative subcontracting to provide a state preschool program.

Cal. Ed. Code § 8974

School districts with early primary programs shall provide educational continuity from preschool through kindergarten and grades 1 to 3, inclusive, by accomplishing the following:

(a) Establish connections with public preschool programs, including state preschool, state child development, and federal Head Start programs, to establish a more effective transition of children from preschool to kindergarten.

... (c)  Promote joint activities for teachers and administrators of public preschool programs, including state preschool, state child development, and federal Head Start, and kindergarten and grades1 to 3, inclusive, in areas such as program planning and staff development training related to developmentally appropriate curriculum and assessment practices for young children.

5 Cal. Admin. Code § 18130

... (b) Except as otherwise provided in this Chapter, contractors funded for the State Preschool program shall also comply with regulations contained in Chapters 1, 2, 12, 14 and 15 in whole, and Sections 18077, 18078 (a)(d)(h)(1), 18081 (a)(b)(1), 18082, 18083 (a)(b)(h)(i)(j), 18084, 18094, 18095, 18100, 18105, 18107, 18117 and 18118 through 18122 of Chapter 3 and Section 18290(c)(e) of Chapter 13 of this Division.

Requirements for Student Assessment and Program Evaluation:

Cal. Ed. Code § 8238.5: Subject to the availability of funds for purposes of this section, as described in subdivision (c) of 8238.4, the Superintendent shall conduct an evaluation of the effectiveness of prekindergarten and family literacy programs established pursuant to this article. To the extent feasible, the evaluation shall do both of the following:

(a) Rely on quantifiable measures of academic achievement of participating children, including, but not limited to, performance on the Standardized Testing and Reporting Program test and the English language development test administered in grade 3.

(b) Estimate the costs and benefits of the programs.