Cal. Educ. Code § 8222
Program Administration
Redline — January 1, 2021 → current.View current text →
Current — January 1, 2025
As of January 1, 2021
(a) A contracting agency shall not expel or unenroll a child because of a child’s behavior except as authorized by subdivision (c).
(b) (1) If a child exhibits persistent and serious challenging behaviors, the contracting agency shall expeditiously pursue and document reasonable steps, including, but not limited to, consulting with the child’s parents or legal guardians and teacher, to maintain the child’s safe participation in the program. The contracting agency shall inform the parents or legal guardians of a child exhibiting persistent and serious challenging behaviors of the process described in this section.
(2) (A) If the child has an individualized family service plan or individualized education program, the contracting agency, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child.
(B) If the child does not have an individualized family service plan or individualized education program, the contracting agency shall consider, if appropriate, completing a universal screening of the child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program before referring the child’s parents or legal guardians to the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(c) If a contracting agency has expeditiously pursued and documented reasonable steps to maintain the child’s safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the child’s teacher, and, if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children, it shall refer the parents or legal guardians to other potentially appropriate placements, the local childcare resource and referral agency, or any other referral service available in the local community. The contracting agency may then unenroll the child.
(d) A contracting agency shall have up to 180 days to complete the process described in this section.
(e) This section shall apply only to California state preschool programs described in this article.
(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.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.