The following summarizes the relevant Early Learning and Care investments included the trailer bill language for the Governor’s May Revision of the 2023-24 State Budget. These policies are currently only proposals provided by the Governor’s Administration and may or may not be reflected in the final 2023-24 Budget Agreement.
Early Learning Investments
Transitional Kindergarten (TK)
- $953 million to continue to support implementation of TK. Expected to be $2.6 billion once fully implemented in 2025-26.
- Reduction from $337 million to $283 million to adjust based on actualized first-year costs to add one additional certificated or classified staff person to every TK classroom to establish ratios of 12:1.
- Reduction of $604 million to $357 million to adjust based on actualized first-year costs of implementation to expand access to all children (29,000 additional children) turning five years old between September 2nd and February 2nd in the 2022-23 school year.
- Reduction from $690 million to $597 million for second-year implementation costs to expand access to all children (42,000 additional children) turning five between September 2nd and April 2nd in the 2023-24 school year. Second-year costs include one additional staff person in TK classrooms to maintain ratios of 12:1.
California State Preschool Program (CSPP)
- $4.4 million non-Prop 98 General Fund and $5.3 million Prop 98 General Fund to continue family fee waivers from July 1, 2023 through September 30, 2023.
- $112 million federal funds to provide 2022-23 temporary employee stipends for CSPP.
- $54.3 million General Fund decrease in CSPP technical adjustments to reflect revised estimates of the General Fund resources needed to support recent reimbursement rate increases that are currently supported by limited-term federal funds.
- Increased Cost-of-Living-Adjustment (COLA) from 8.13 percent to 8.22 percent.
- $6.6 billion (3 billion General Fund) for child care programs.
- $29.4 million in federal funds to waive family fees from July 1, 2023 to September 30, 2023.
- $169 million in federal funds to provide temporary stipends to state-subsidized child care providers for 2022-23.
- $183.3 million General Fund for Child Care and Development Programs and $840,000 for the Child and Adult Care Food Program to reflect a statutory COLA of 8.22 percent.
- Revised General Child Care funding to reflect one-time savings of $588 million General Fund in 2022-23 based on estimated general child care expenditures that will go into contract at the end of the fiscal year.
- State expressed its commitment to continuing to work with Child Care Providers United (CCPU) to negotiate a successor agreement to the current agreement expiring June 30, 2023.
CA Preschool, TK, and Full Day Kindergarten (FDK) Facilities Grant Program
- Delay of $550 million: The 2022 budget included $100 million one-time and included a planned $550 million General Fund for 2023-24, with the Governor proposing to delay the $550 million investment to 2024-25.
Other Relevant Investments
- Golden State Teacher Grant Program: Increase of $6 million one-time federal funds to support those enrolled in a special education teacher prep program at high-need school sites.
- Accountability Improvements and Equity Multiplier: $2 million ongoing Prop 98 General Fund to support the critical work of the newly proposed Equity Leads within the Statewide System of Support.
- Professional Development and Leadership Training: $1 million ongoing Prop 98 General Fund for Los Angeles County Office of Education (LACOE) to support professional development and leadership training for education professionals in regards to anti-bias education and the creation of inclusive and equitable schools.
Key Early Learning Items included in the K-12 Omnibus Trailer Bill
Clarification of Free- and Reduced-Price Meals Eligibility for California State Preschool Program – Sections 8210, 8211, and 8217 of Education Code
- Expands use of the community eligibility provision for full- and part-day CSPP to allow any family that qualifies for community eligibility based on where they reside to be eligible to enroll in any CSPP program.
- Clarifies that children who qualify based on community eligibility should be prioritized for enrollment based on income level, to the extent possible, with the lowest income children being served first.
- Also clarifies that families must establish residency or place of employment by living or working for 10 hours or more per week within a qualifying school boundary.
- Requires the California Department of Education (CDE) to implement these changes through management bulletins issued on or before December 1, 2023 and initiate a rulemaking action to implement on or before December 31, 2024.
Amendments to the California Prekindergarten Planning and Implementation Grant – Section 8281.5 of the Education Code
- Permits the CDE to allocate any returned or collected funds from the California Prekindergarten Planning and Implementation Grant towards competitive grants to local educational agencies to increase the number of highly-qualified teachers available to serve CSPPs and TK pupils, and to provide CSPP, TK, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting Dual Language Learners (DLLs), enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline.
After School Learning and Safe Neighborhoods Partnerships Program and Expanded Learning Opportunities Program (ELOP) Amendments – Section 8483.4 of the Education Code
- The Governor’s Budget proposed statutory changes so that local educational agencies (LEAs) do not incur fiscal penalties that were greater than their ELOP entitlement and clarified that LEAs can offer 30 non-school days during the summer if they choose, without being penalized.
- The May Revision proposes further statutory changes to provide LEAs with additional time to expend the ELOP funding allocations by extending the expenditure deadline for ELOP funds received in 2021-22 and 2022-23 from June 30, 2023 to June 30, 2024. This extension will allow LEAs to have more time for planning and implementation.
- Adds requirements for third parties contracting with LEAs to provide ELOP programming. Requirements include that the third party must notify the LEA by the next day, and in writing within 7 days, of any health- or safety-related issues, including, but not limited to, issues involving criminal background clearances for employees, building safety, and any event specified.
- Requires the LEA to provide a telephone hotline and internet website link for any individual to report any complaints or concerns about the program. The telephone hotline and internet website link must be widely publicized on the LEA’s program webpage and in each class or space where the program is operated.
- Exempts ELOP programs operating on the campus of a LEA from child day care facility license or special permit requirements.
- Does not exempt ELOP programs that are not operating on LEA sites from child day care facility license or special permit requirements.
- Clarifies that these changes do not exempt a ELOP program when serving children who do not participate in the After School Education and Safety Program, 21st Century Community Learning Centers, or ELOP. If multiple funding sources are used to serve pupils in an ELOP, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements.
- Requires, beginning with the 2023-24 school year, the State Superintendent of Public Instruction to establish a process and a timeline for LEAs operating ELOP to submit to the CDE, for the purpose of informing the California Department of Social Services (CDSS), information related to any third parties with which the LEA contracts to provide services to pupils at a location other than the LEA’s school campus. Collected information will include name, address, and phone number of each third party; the number and grade of pupils being served by each third party; and the CDSS child day care facility license number of each third party, if applicable.
Equity Multiplier and Accountability Provisions
- $300 General Fund to the Local Control Funding Formula (LCFF) for the Equity Multiplier, which will allocate funds to districts for eligible LEAs for services and supports that directly benefit schools.
- Allocations will be made per-unit, which is based on total statewide eligible enrollment and amount of funds available, pursuant to the California Longitudinal Pupil Achievement Data System (CALPADS).
- Schools serving grades 8 and under with 90 percent of students eligible for free meals from the prior year.
- Schools serving grades 9-12 with 85 percent of students eligible for free meals from the prior year.
- Schools serving juveniles (court school).
- An awarded school would get no less than $50,000.
- Defines LEAs as a district, County Office of Education (COE), or charter that generates a LCFF entitlement.
- Requires the superintendents of districts and COEs and charter schools to present a report on the annual update to the Local Control Accountability Plan (LCAP) and 8 budget overview for parents before February 28th at a regularly scheduled board meeting each year, with information including midyear outcome data, expenditures, and implementations.
- Defines “long-term English Learners,” as a pupil who has not attained English language proficiency within 5 years of initial classification.
- Requires LEAs to report actions taken to implement work related to technical assistance in the LCAP template.
- Requires that the LCAP template and annual update include focus goals if either of the following criteria is met:
- A school within an LEA or a pupil group within a school receives the lowest performance level one or more state indicators of the CA School Dashboard.
- A school within a LEA is eligible for the Equity Multiplier funding.
- Focus goals shall address all instances that led to the lowest performance measure and address any underlying issues in the credentialing, preparation, and retention of the schools’ educators.
- For schools that fail to meet CALPADS reporting requirements, the COE Superintendent shall provide technical assistance on the district’s data management processes and capacity building, including actions and services responsive to community needs, which includes any of the following:
- Assisting to identify strengths and weaknesses in regard to the state priorities and review state and local indicators in the CA School Dashboard, educator qualifications, and programs and practices.
- Facilitate assistance from an academic/programmatic or fiscal expert to implement effective programs and practices to improve performance.
- Review a district’s LCAP to identify areas of strengths and weaknesses in the identified goals, actions, and services that need improvements to meet all required goals.
- Request the CA Collaborative For Education Excellence provide assistance to the district.
- The CA Collaborative for Educational Excellence will prioritize the needs of the pupils in a school district or COE when making a determination for providing assistance.
- A review of the school district’s data management policies, collection, and submission processes, including monitoring and oversight of the student information System.
- For all COEs that failed to meet CALPADS reporting requirements, the CDE shall provide the same level of technical assistance as described above.
- $2 million ongoing Prop 98 to implement Equity Leads within the Statewide System of Support.
Educator Assignment Processing and Reporting
- Requires the Commission on Teacher Credentialing (CTC) and the CDE to publish an annual report on data regarding educator credentialing and assignment at the school, LEA, and state level.
- CTC will be responsible for the assignment monitoring process.
- CDE will be responsible for facilitating annual teaching assignment monitoring data production and publication.
- Information about the process and resources for the educator workforce will be on the CTC website.
- Redefines “Assignments” as the placement of any employee hired in a teaching or services position, and can be filled legally with a credential, permit, waiver, or other document issued by the CTC.
- Requires data collected on educator outcomes to include preliminary or clear credentials, intern credentials, permits or waivers, and misassignments.
- Requires the CTC to ensure LEAs have access to the results published, so LEAs can build upon their improvement efforts.
- Requires reports to include assignment data that reflects the level of preparation and licensure of educators in all classifications (including assignments, misassignments, permits or waivers, etc.)
- The CTC can also include data on educators serving on administrative and pupil services credentials, preparation pathways, and educator retention.
Teacher and School Counselor Residency Grant Program
- Provides Teacher and Counselor Residency candidates a minimum compensation package of no less than $20,000 per candidate, with an opportunity for grantees (LEAs) to request from the CTC an additional $20,000 per-resident.
- Requires grantees to expend funds within five years of the fiscal year that the grant was awarded. Grantees will match at an 80 percent rate for the first $25,000.
- Requires candidates to commit in writing to annual reporting to their sponsor LEA where they are employed.
- Provides that candidates have 8 school years to complete their four-year teaching commitment, and have an opportunity to waive repayment if they are unable to continue due to hardship.
- Requires the CTC to conduct two evaluations of the Grant Program to determine effectiveness, with a preliminary report to the Department of Finance and Legislature by December 1, 2023, and the final report by 2029.
Amendments to Transitional Kindergarten (TK)
- Permits LEAs to enroll children in TK who will turn 5 years old within the summer months, but prior to the start of the next academic year.
- Adds additional options to the requirements created for the second adult in a TK classroom in the Governor’s January Budget Proposal. The additional options to meeting these requirements include:
- The adult has completed at least 6 units in early childhood education or child development or both.
- The adult has sufficient related experience as determined by the LEA. This option will sunset on June 30, 2030.
Bilingual Teacher Professional Development Program
- Appropriates $20 million General Fund for the 2023–24 fiscal year to the Bilingual Teacher Professional Development Program, to be available for grants totaling $4 million annually through the 2027–28 fiscal year. These funds shall be available for encumbrance or expenditure through June 30, 2029.
- Calls out the creation of universal TK to underscore the need for increased capacity of bilingual teachers in order to develop English and home language proficiency of DLLs. Adds that the purpose of this grant program shall also be to increase bilingual teachers in multiple languages to staff bilingual classrooms, such as Spanish, Vietnamese, Mandarin, Cantonese, Tagalog, and Arabic classrooms, and other languages, as represented in instructional programs.
- Specifies that the CDE shall meet quarterly with grant recipients to share promising practices and resources, and to resolve issues of implementation.
- Adds that By July 1, 2026, grant recipients awarded funds for the project period starting in January 2024 provide a preliminary report, and by January 1, 2029, a final report, to the department on the number of participants who were issued bilingual authorizations, the number of previously authorized teachers who have participated in the program and subsequently returned to bilingual teaching assignments, and the number of teachers who are still working at least 50 percent of the time in a bilingual setting.
- Adds that the project performance period for the Bilingual Teacher Professional Development grant funds appropriated in this budget session is January 1, 2024, to June 30, 2029.
Panel for Reading Difficulties Screeners
- Adds new requirements specific to screening pupils at risk of reading disabilities, including dyslexia.
- Requires the State Board of Education (SBE) to appoint an independent panel of experts by January 31, 2024 to create an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten through second grade to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia.
- Requires that by December 31, 2024, this panel will approve a list of screening instruments based on the evaluation criteria established by the SBE. The list shall include screening instruments that are developed both for English-speaking pupils and for non-English speaking pupils, in languages reflecting the primary languages of pupils in the state, to the extent assessments in those languages are available. The panel shall also identify information about the appropriate administration of each screening instrument, including the appropriate grade(s) of administration for each screening instrument.
- Requires the governing board of a LEA to adopt one or more of the screening instruments by June 30, 2025.
- Starting no later than the 2025-26 school year, requires LEAs to assess children in grades kindergarten through 2nd grade for risk of reading difficulties using the instrument(s) adopted by the governing board of the LEA.
- Allows parents or guardians to opt-out of the screening of their children in writing.
- Permits LEAs to decide which time of year to administer the assessment.
- Requires LEAs to administer assessments to new students in kindergarten through 2nd grade within 45 calendar days of starting in the school, if the assessment has already been administered for students in that academic year.
- Specifies that pupils who do not speak sufficient enough English to be assessed in English will instead be screened in their primary language, if an assessment is available in that language.
- If a screening instrument is not available in at least one language in which a pupil is proficient, before they can be screened, that pupil’s risk for reading difficulties shall be evaluated via an analysis of the pupil’s developmental history, educational history, and literacy progress, taking into account the pupil’s home background and evolving English language abilities. Once pupils have developed English language proficiency, they should be assessed using instruments.
- Specifies that pupils with existing reading disability diagnoses can be exempted from this assessment.
- Results of the assessment should be given to parents within 45 calendar days and not be used for any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs.
Classroom Assessment Scoring System
- Adds that by December 31, 2023, the CDE shall issue guidance on how the tool for strengthening teacher-child interactions and supporting quality improvement will be implemented at the local level for CSPP and included in monitoring processes. The guidance shall also include any changes to regulations.
- CDE shall initiate a rulemaking action to implement by December 31, 2024.
Teacher Candidate Transcript Review
- Establishes that it is the intent of the Legislature that costs and barriers to admittance for well prepared individuals into an educator preparation program and entry into the teaching profession be mitigated to the greatest extent possible.
- Requires by September 30, 2023 that the California CTC determine how it can ensure that transcripts will be reviewed for all candidates requiring determinations of basic skills or subject matter competence in order to complete their credentialing requirements.
- Requires by November 15, 2023, the CTC to provide the Legislature, SBE, and the Department of Finance with recommendations on ways in which efficient transcript review can be provided to all candidates who require determinations. The recommendations shall include, but not be limited to:
- Identification of any statutory or regulatory changes necessary for the CTC or its designees to conduct transcript reviews for educator preparation programs and candidates.
- Strategies to collaborate with the full range of Institutions of Higher Education (IHEs) that have educator preparation programs as well as county offices that provide credentialing assistance to provide transcript reviews to program candidates, and to communicate the alternative pathways to meeting the basic skills and subject matter requirements to prospective educators.
- Strategies to support Commission review of transcripts where needed to ensure that every candidate who requires such review can be served efficiently and effectively.
- Detailed cost estimates and timelines associated with implementation of the proposed recommendations.
Teaching Performance Assessment Waiver
- Exempts credential candidates who received a waiver through Executive Orders issued in 2020 and 2021 due to the pandemic from needing to complete a teaching performance assessment when one of the following criteria is met:
- The candidate completed a commission-approved induction program by June 30, 2025.
- The candidate completed two years of service with satisfactory teacher evaluations by June 30, 2025.
Educator Workforce Investment Grant Program
- Adds technical amendments to the Educator Workforce Grant Program to allow the SBE to select one or more COEs and one or more consortia to conduct each of the activities outlined in statute to deliver professional learning for teachers and paraprofessionals statewide.
Literacy Coaches and Reading Specialists Grant Program
- Requires by June 30, 2024, a recipient LEA to submit an interim report to the CDE, and a final report by June 30, 2027, detailing how it used funds awarded through this grant.
- Requires the Superintendent of Public Instruction to submit these interim and final reports to the grantee selected to administer the literacy coach training for evaluation.
- Adds definition of “Employ,” which means that a LEA, to the extent feasible, will hire a new literacy coach and/or reading specialist, train existing staff to become a literacy coach, or support existing staff in obtaining a reading specialist credential/authorization.
- Clarifies that funds should not be used to support the salaries of existing literacy coaches and reading specialists.
Key Child Care Changes in Health and Human Services Trailer Bill
- Defines “alternative methodology” as a method of setting reimbursement rates for child care development services as required by section 98.45 of title 45 in federal regulations.
- Pursuant to section 98.45, CDSS will develop and conduct either a survey of market rates for child care services or an alternative methodology to set reimbursement rates for state-subsidized child care and development services.
- Makes technical changes to allow for an alternative methodology in addition to a market rate survey.
- Raises the age of children (under five) to be provisionally eligible for regional center services if they have exhibited signs of a developmental disability.
- States that any infant or toddler (ages 0-2) that is eligible for early intervention services by a regional center to also be provisionally eligible for regional center services for a developmental disability.
- Extends the sunset until December 31, 2023, requires regional centers to suspend assessments and reassessments of the cost participation, and the assessments, reassessments, and collections of the annual family fee program. The original sunset date was June 30, 2023.
- Makes technical changes to exempt Public Record Acts relating to the State bargaining with CCPU.