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The following summarizes the relevant Early Learning and Care policy changes included the trailer bill language for the Governor’s 2023-24 Budget Proposal. 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.

TK-12 Education Omnibus TBL

Educator Assignment Processing and Reporting (Amends Education Code Sections 1240 and 44258.9)

• Specifies that data to create the list of schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential should be gathered from the department’s teacher assignment monitoring outcome data.
• Adds that the Commission on Teacher Credentialing (CTC) and Department of Education (CDE), in addition to the State Superintendent, will collaborate to monitor, track, and publish this data to support student access to credentialled and appropriately assigned educators.
• Specifies that once this data is published, the CTC shall post a link to the department’s teacher assignment monitoring outcomes reporting on its website, with resources for local educational agencies (LEAs) seeking to maintain a fully-credentialed and properly assigned educator workforce.
• Specifies that this data shall be updated annually and provide the total number of assignments and misassignments at the school site, school district, and county level.

Updated Implementation Deadline for the Universal Preschool Mixed-Delivery Work Group (Amends Education Code Section 8202.6)

• Pushes back the deadline for Universal Preschool (UPK) Mixed-Delivery Work Group to deliver recommendations from January 15, 2023 until March 31, 2024.

Expands the Neighborhood School Eligibility for California State Preschool Program (Amends Education Code Section 8210)

• Currently, community members with three- or four-year-old children who live within the attendance boundaries of a qualified free- and reduced-priced meals (FRPM) school, in accordance with Section 8217, are eligible to enroll in any California State Preschool Program (CSPP) sites operating within the FRPM school site boundaries. The trailer bill language expands existing community eligibility to include community eligibility for those who also work within the attendance boundary of the qualified elementary school.

California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Grant Program (Amends Education Code Section 17375)

• Clarifies that:
  • The $490 million appropriated in FY 2021-22 is available for encumbrance or expenditure by the State Allocation Board until June 30, 2027.
  • The $100 million appropriated in FY 2022-23 is available for encumbrance or expenditure by the State Allocation Board until June 30, 2028.
• Delays the appropriation of an additional $550 million from FY 2023-24 until 2025-26 and clarifies that those funds will be available for encumbrance or expenditure by the State Allocation Board until June 30, 2030.

State Board of Education Waiver Authority for Transitional Kindergarten Ratios (Amends Education Code Section 33050)

• Adds TK statutes to the list of laws that are not subject to State Board of Education waiver authority.

English Learner Williams Complaint Procedure (Amends Education Code Section 35186)

• Clarifies that the Williams Complaint Procedure can be used to address complaints about a teacher who is assigned to a class with one or more English-Language Learners but lacks credentials or training to teach English learners. Previously, complaints of this nature were to be filed if the misassigned teacher was teaching a class consisting of more than 20 percent English Learners.

Expanded Learning Opportunities Program Amendments (Amends Education Code Section 46120)

• Changes the audit schedule for the Expanded Learning Opportunities Program (ELOP) to be based on fiscal year instead of school year. Clarifies that the audit will commence with FY 2023-24.
• Clarifies how the apportionment of districts who fail to provide ELOP requirements will be withheld by the State Superintendent.

Transitional Kindergarten (Amends Education Code Section 48000)

• Allows school districts who are expanding Transitional Kindergarten (TK) to serve more students ahead of the implementation timeline to enroll children born in the months between academic years and who would not turn five-years-old within the school year. Prior language specified that a child had to turn five-years-old within the school year in order to enroll.
• Commencing with the 2028-29 school year, the second adult assigned to a TK classroom must meet at least one of the following requirements:
  • Hold a credential based on a program of professional preparation by the CTC.
  • Participate in an educator apprenticeship or residency program.
  • Participate in the Classified School Employee Teacher Credentialing program.
  • Participate in any teacher preparation program from any pathway seeking clinical practicum experience, including an educator apprenticeship or residency program.
  • Participate in supervised practicum experience through Regional Occupational Program/Home Economics Related Occupation program/Future Teachers and Dual Enrollment.
  • Hold any level of child development permit or be a candidate participating in supervised practicum experience for a Child Development Permit.

Accountability Package: Public School Performance Accountability Program (Amends Education Code Section 52052)

• Clarifies that Long-term English learners is a numerically significant subgroup in addition to English learners to be included in performance measures for the public school accountability system.

Literacy Coaches and Reading Specialists Grant Program (Adds Uncodified Section and Amends Uncodified Section 137 of Chapter 52 of the Statutes of 2022)

• $250 million General Fund to the Superintendent of Public Instruction (SSPI) to augment the Literacy Coaches and Reading Specialists Grant Program. Funds are available for encumbrance through June 30, 2028.
  • $248 million of the amount appropriated shall be allocated by the SSPI to LEAs for eligible schools to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support.
  • LEAs may opt out of program participation by informing the State Department of Education by September 30, 2023.
  • $2 million of the amount appropriated shall be available to the grantee selected to provide additional training for educators to become literacy coaches and reading and literacy specialists, consistent with the training developed for the Literacy Coaches and Reading Specialists Grant program and to contract for an independent evaluation.

Literacy Roadmap (Adds Uncodified Section)

• $1 million General Fund to CDE to create, in consultation with the State Board of Education (SBE), a Literacy Roadmap to help educators apply the state’s curriculum framework to classroom instruction and navigate the resources and professional development opportunities available to implement effective literacy instruction and improve literacy outcomes for all students with a focus on equity.

Child Care & Development TBL: Alternative Payment Programs: Reimbursement Rate Categories and Documentation

• Amends Section 10228 of the Welfare and Institutions Code to specify that license-exempt providers are not required to submit a rate sheet that indicates how much they charge a subsidized family for child care.
• Adds clarification as to how an Alternative Payment program, county, or contractor should reimburse a child care provider if the reimbursement rate category could be construed as full-time weekly or full-time monthly. In those cases, the child care provider should be reimbursed by either:

Child Care & Development TBL: Inter-agency Contract Adjustments and California State Preschool Alignment

• Amends Section 10300.5 of the Welfare and Institutions Code to require the Department of Social Services (CDSS) to promote the full utilization of child care and development program funds and match available unused funds with identified services needs, and to arrange interagency adjustments between different contractors with the same type of contract when both agencies mutually agree to a temporary transfer of funds for the balance of the fiscal year.

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