Child Care Law Center

Advocating for Children Since 1980

2023 Child Care Legislative Roundup

Disclaimer: We believe this budget analysis is accurate as of November 1, 2023, but please keep in mind the law changes often.

Introduction

When families have affordable child care, they can work and provide for their housing, health care and other needs.

Thanks to the work of Child Care Providers United (CCPU), Parent Voices, and other advocates, this year’s historic state budget includes $6.9 billion ($4.1 billion General Fund) for child care programs, including $2.8 billion over two years to increase subsidy payments in all California child care and preschool programs.[i]

This Budget takes an important next step in ensuring California’s child care system can best serve families and providers by eliminating family fees for everyone with monthly incomes under 75% of the State Median Income (SMI) enrolled in publicly funded child care,[ii] increasing all child care providers’ subsidy payments by an average of 20% over two years,[iii] establishing a retirement fund for licensed family child care providers,[iv] and charting a course to reform child care payments to be based on the true cost of care permanently by 2025.[v] These transformative shifts begin to heal the harms of decades-long policies rooted in racism, patriarchy, and classism.

The state’s recent significant funding and progressive changes in child care mean that many of the pandemic-era policies will continue in California for the next couple of years. Additional public funding for child care remains essential to build on these advancements and make them long-lasting.

Child Care Budget Items

Family Fees

Child care should be a civil right, not a privilege dictated by social injustices and limitations. The monumental reform in this year’s budget to lower family fee payments is life-changing for families and moves California one step closer to making child care truly affordable for people with the lowest incomes.

A “family fee” is an assessed fee that the state charges families who receive a child care subsidy. The family fee is based on the family’s size, adjusted monthly income, and whether they use full-time or part-time care.[vi]

Below are two examples of families paying fees for full-time care before and after the change in law:

 Now[vii]Before[viii]
Family of three with a monthly income of $6,523[ix]$57.60 per month$571 per month
Family of three with a monthly income of $6,034[x]$0 per month$528 per month

This new policy benefits more than an estimated 50,475 families in California,[xi] and in some cases, families will recoup as much as 10% of their income due to reduced family fees.[xii]

Family fee policy changes include ($78.4 million):[xiii]

  • Families with monthly incomes below 75% of SMI pay no family fees (the prior law required most families with incomes above 40% to pay family fees)
  • Families with monthly incomes between 75% and 85% of SMI pay no more than 1% of their income for family fees (the prior law allowed for families to pay up to 10% of their income in family fees)
  • Uncollected family fees accrued before October 1, 2023 may be forgiven and not collected
  • Child care providers must not absorb a reduction in their subsidy payment due to a reduced family fee amount – providers must be paid the full subsidy amount
  • The number of child care spaces must not be reduced because of the reduction in family fees

The family fee suspension for all families was also extended from July 1, 2023 to September 30, 2023 funded through early budget action items as amendments to the 2022-23 state budget ($29.4 million Federal Funds for Department of Social Services (CDSS) programs $9.7 million  Department of Education (CDE) programs).[xiv]

Child Care Providers United Ratified Agreement

The tremendous accomplishments of Child Care Providers United (CCPU) in their Agreement with the Governor continue to build on the historic changes and pave the way for a more equitable child care system.

CCPU is the union representing family child care providers and family, friend, and neighbor providers in California.[xv] CCPU has the right to bargain for a contract with the Governor over child care related-items, including payment and payment procedures for state-funded early care and education programs, subsidy payment rates, professional development and training, and contributions to an organization-administered benefit trust fund.[xvi]

The CCPU membership approved their Agreement on July 31, 2023.[xvii] The Legislature ratified the Agreement through Senate Bill (SB) 140 on September 11, 2023 and the Governor signed SB 140 on September 13, 2023.[xviii] The CCPU Agreement with the State of California is effective through July 1, 2025.[xix]

In the Agreement, the State commits to using an “alternative methodology,” or more specifically, a “cost estimation model” to develop a single rate structure for child care subsidy payment rates. This cost estimation model will be informed by child care providers’ true cost of care rather than by the regional market survey based on the amounts child care providers charge to parents. Shifting to use of a cost estimation model will help ensure child care providers’ subsidy payment rates are significantly higher, a policy that is essential and long overdue.  

In the meantime, child care providers will continue to be paid based on the regional market rate or standard reimbursement rate, with a supplemental “cost of care plus rate.”[xx]

Additionally, the Agreement includes the first retirement fund for licensed family child care providers in the country.[xxi] Many child care providers cannot save for retirement due to their extremely low pay. Not being able to save for their future causes stress on providers as they decide whether to remain open or retire into poverty.

The Agreement also extends the COVID-19 policy of paying providers based on enrollment instead of attendance. This policy helps child care providers to have a predictable income and provide for their own families. It also reflects the same policy applied to most families who pay for child care without subsidies. With consistent and predictable income, child care providers can budget, plan for their futures, and keep their doors open. This stability also creates an environment where children can thrive.

While CCPU may only bargain on behalf of its members, the state budget provides parity for many of the Agreement’s provisions for non-represented providers.

Subsidy Payment Rates and Supplemental Payments

The budget allocates funding over two years to increase payment rates to child care providers and create a path to reforming child care payment rates for child care and early learning programs across the CDSS and CDE.[xxii] ($2.832 billion total, $1.674 billion General Fund, $1.158 billion Prop 98)[xxiii]

  • “Cost of Care Plus Rate” – January 1, 2024 through June 30, 2025 pays* [xxiv]
    • Family, friend, and neighbor providers: $98-148/month[xxv]
    • Family child care providers: $140 – $211/month [xxvi]
    • Child care centers: $140 – $211/month[xxvii]

 *Rate applied to the number of children with subsidies who are enrolled each month[xxviii]

  • One-time supplemental payments by November 30, 2023*
    • $500 – license-exempt providers
    • $2,500 – small family child care providers
    • $3,000 –  large family child care providers
    • $3,000 – child care centers caring for children in publicly-funded child care programs[xxix]

            *For providers who cared for children with subsides in April 2023[xxx]

  • Timeline through July 1, 2024 for California to develop an alternative methodology instead of a market rate survey to set child care rates, subject to federal approval[xxxi]
  • One-time $275 stipend to child care providers who cared for children with subsidies in April 2022[xxxii] 

Retirement, Health, and Training Benefits

  • Starting April 1, 2024 through July 1, 2025, each year the state will contribute to the CCPU Workers Health Care Fund to restore the $100 million balance if the balance falls below $100 million[xxxiii]
  • One-time contribution to establish CCPU Retirement Trust ($100 thousand)[xxxiv]
  • Lump sum contribution to the CCPU Retirement Trust ($80 million)[xxxv]
  • Starting July 1, 2024, up to $80 million single contribution to the CCPU Retirement Trust to replenish the fund if balance is below $80 million within 90 days of receiving an annual report from CCPU[xxxvi]
  • Starting July 1, 2024, a single contribution of up to $15 million to the Joint CCPU-State of California Training Partnership Fund to replenish the fund if balance is below $15 million[xxxvii]

Additional Budget Items

  • Two-year extension of “hold harmless” for child care providers
    • Family child care and family, friend, and neighbor providers: pay based on maximum authorized hours of care (pay not based on attendance)[xxxviii]
    • Child care centers: pay if a program is open and operating with their approved program calendar and remains open and offering services through the program year, then the lesser of either of the following:
      • One hundred percent of the contract maximum reimbursable amount or
      • Net reimbursable program costs[xxxix]
  •  Changes the requirement for the full-time subsidy pay rate from 30 hours per week to 25 hours per week or more by March 1, 2024, especially for those who provide before- and after-school care[xl]
  • Improved payment rate category determinations for full-time care, which ensures providers are paid fairly and the highest amount possible[xli]
    • A provider with a rate category that can be interpreted as either full-time weekly or full-time monthly based on either:
      • The applicable rate category that resembles most closely the provider’s rate sheet, or
      • If a single applicable rate category cannot be determined, or if a license-exempt provider (family, friend, and neighbor) does not have a rate sheet on file, then the applicable rate category that yields in the higher payment
  • Contractors and counties to develop a plan that ensures timely payment to providers within 21 calendar days of submission of attendance sheets[xlii]
  • License-exempt child care providers are not required to submit rate sheets[xliii]
  • No Cost-of-Living-Adjustment (COLA) for child care and development contractors, but retains the COLA for Resource & Referral Agencies (R&Rs) and Local Planning Agencies (LPCs)[xliv]
  • Support to R&Rs for child care spaces expansion and to improve data collection ($10 million General Fund)[xlv]
  • Child Care Initiative Project ($4.2 million, including $2 million augmentation for Fiscal Year (FY) 2023-2024)[xlvi]
  • Families experiencing income fluctuation may choose to provide up to 12 preceding months of income information for determination of income eligibility or family fees for child care services. The family’s monthly adjusted income must be determined by averaging the total countable income from at least two months to determine income eligibility or family fees.[xlvii]
  • Child care pilot program extended to July 1, 2024 in the following counties: Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma[xlviii]

Department of Education (CDE) Early Education Programs

California State Preschool Program (CSPP)

  • Adds three-year-olds as a third priority for enrollment in part-day and full-day CSPP, if they are not enrolled in transitional kindergarten (TK), based on lowest income first. Four-year-olds not enrolled in TK were already in this third priority enrollment group. (First priority enrollment is for families whose three- and four-year-olds are receiving child protective services or who are abused, neglected, or exploited or considered “at risk” thereof; second priority enrollment is for three-and four-year olds with “exceptional needs” from families with incomes below the income eligibility threshold, based on lowest income first).[xlix]
  • Delays the requirement that 7.5% of CSPP spaces be reserved for “children with exceptional needs” until FY 2025-26[l]

Transitional Kindergarten (TK)

  • Expands TK enrollment to more children by opening enrollment to children who turn four years-old between June 2 and September 1 during the preceding school year[li]
  • Delays teacher credentialing and ratio requirements (from 1 adult to 12 children to 1:10)  to 2025-2026[lii]

Expanded Learning Opportunity Programs

  • Exempts an expanded learning opportunity program from all health and safety state child care licensure requirements.[liii] For example, an expanded learning opportunity program is no longer subject to toileting and diapering assistance requirements, annual unannounced inspections, and publicly-posted health and safety site reports as required under the Health and Safety Code for child care programs.

CalWORKs grants

  • Increase maximum cash assistance payment beginning October 1, 2023 by 3.6% ($111.2 million General Fund)[liv]
  • Continue the 10% increase for the CalWORKs maximum cash assistance payments indefinitely[lv]

Early Head Start

  • $2.9 million remains available for Early Head Start services under the Early Head Start – Child Care Partnership Grant program until June 30, 2024[lvi]  

California Legislation Improving the Lives of Women, Children, and Families

Passed

SB 616 (Gonzales) Chapter 309, Statutes of 2023. Increasing Paid Sick Leave from 3 to 5 Days

  • Increases Paid Sick Leave from 3 days (24 hours) to 5 days (40 hours)
  • Changes condition so employees can earn at least 50 days (40 hours) of sick leave or paid time off within 6 months
  • Increases employee paid sick leave accrual threshold from 6 days (48 hours) to 10 days (80 hours)
  • Makes certain existing paid sick leave provisions preempt contrary local ordinances

AB 393 (Rivas) Chapter 393, Statutes of 2023. Data on Dual Language Learners

  • Requires CDSS to develop procedures for General Child Care and Migrant Child Care to identify and report data on dual language learners enrolled in these programs
    • Similar to CSPP contractor family language instrument and family language and interest interview
  • Requires CDSS to develop informal procedures and coordinate with CDE Superintendent for implementation
  • Prohibits compelling parents to participate and share information
  • Parental refusal to participate will not affect contractor nor child eligibility for programs

SB 722 (Ochoa Bogh) Chapter 631, Statues of 2023. Creating an Incidental Medical Services Plan Template

  • Requires CDSS to create before January 1, 2025, a template form for plans of operations and incidental medical services plans
  • Requires CDSS to revise department documents to eliminate any requirement that an incidental medical services plan or amended plan of operation need to be approved before a child with exceptional needs can attend a child care program
  • Allows a child care facility that uses the template to enroll a child into its program before CDSS approval of plan

SB 521 (Smallwood-Cuevas) Chapter 615, Statues 2023. Title IX Exemption for CalWORKs Sanctions

  • Would require a “good cause” exemption from CalWORKs sanctions imposed on pregnant, parenting and lactating students who are not being adequately accommodated under Title IX

SB 407 (Wiener) Chapter 226, Statutes of 2023. Supporting LGBTQ Youth living with Resource Families

  • Supports LGBTQ youth by requiring resource families to demonstrate their ability to meet the needs of a child, regardless of the child’s sexual orientation, gender identity, or gender expression

Two-year bills

AB 596 (Gómez Reyes) and SB 380 (Limón) implement comprehensive rate reform; develop an alternative methodology based on the true cost of care

AB 310 (Arambula) is a CalWORKs reform bill aimed to better serve families and reduce sanctions

AB 518 (Wicks) expands Paid Family Leave for chosen family members

SB 533 (Limón)

  • Creates two tax credits, one of which is for the start up or construction costs of a child care or the costs of providing child care information and referral services to one’s employees
  • Credits are available between January 1, 2024 and January 1, 2029

AB 51 (Bonta)

  • Adds a priority category for child care services for a child from a family in which the primary home language is a language other than English if there are no families with a child with exceptional needs
  • Similar priority enrollment changes are also in preschool programs

AB 1038 (Speaker Emeritus Rendon)

  • Move Family Child Care Home Education Networks (FCCHENs) to be paid based on the Regional Market Rate reimbursement as currently many FCCHENS are paid based on the Standard Reimbursement Rate

AB 244 (Wilson)

  • Creates the Specialized Inclusivity Training for Child Care Staff Grant Program to:
    • Award grants to family child care homes and child child centers for staff training on inclusion for children with disabilities, and
    • Collect data from participants to determine effectiveness of trainings on provider inclusion for children with disabilities

Vetoed

SB 686 (Durazo) would have expanded Cal/OSHA requirements to employers of domestic workers and removed health and safety law exemption for domestic workers. Governor’s Veto Message

AB 524 (Wicks) would have prohibited discrimination against employees based on their family caregiver status. Governor’s Veto Message

AB 575 (Papan) would have improved Paid Family Leave (PFL) by

  • Removing the requirement that a care provider certify that no other family member could provide care at the same time in order to qualify for PFL benefits;
  • Making PFL available for child bonding when a guardian newly assumes responsibility for a child in loco parentis; and
  • Removing provision that allows employers to require employees to use 2 weeks of accrued vacation before they can receive PFL benefits
  • Governor’s Veto Message

[i] Cal. Dep’t Soc. Servs., 2023 Budget Act Executive Summary, 5, (2023), https://cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/LOcal-Assistance-Estimates/2023-Budget-Act-Executive-Summary.pdf.

[ii] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. §§ 6 & 16 (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Welf. & Inst. Code section 10290 and Cal. Educ. Code section 8252).

[iii] Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 163 Item 5180-101-0001 Provision 22 (Cal. 2023), Chapter 38, Statues of 2023. The 20% increase is the estimated annual subsidy payment per child for all child care providers across all regions/counties and age groups.

[iv] S. B. 140, 2023-2024 Leg. Reg. Sess. § 14 (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.5).

[v] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. §§ 11 (Cal. 2023), Chapter 41, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10227.6).

[vi] Cal. Welf. & Inst. Code § 10290.

[vii] See Cal. Dep’t Soc. Servs., Fiscal Resources, California Department of Social Services, https://www.cdss.ca.gov/inforesources/child-care-and-development/fiscal-resources (last visited Aug. 18, 2023) (Family Fee Schedule 2023-2024 (Effective October 1, 2023) available for download).

[viii] See Cal. Dep’t Soc. Servs., Fiscal Resources, California Department of Social Services, https://www.cdss.ca.gov/inforesources/child-care-and-development/fiscal-resources (last visited Aug. 18, 2023) (Family Fee Schedule 2023-2024 (No Longer in effect as of October 1, 2023) available for download).

[ix] A family of three making 80% of State Median Income (SMI) has a monthly income of $6,523. See Cal. Dep’t Soc. Servs., Fiscal Resources, California Department of Social Services, Cal. Dep’t Soc. Servs., Fiscal Resources, California Department of Social Services, https://www.cdss.ca.gov/inforesources/child-care-and-development/fiscal-resources (last visited Aug. 18, 2023) (Income Ranking Table FY 2023-24 available for download).

[x] A family of three making 74% of State Median Income (SMI) has a monthly income of $6,034. See Cal. Dep’t Soc. Servs., Fiscal Resources, California Department of Social Services, https://www.cdss.ca.gov/inforesources/child-care-and-development/fiscal-resources (last visited Aug. 18, 2023) (Income Ranking Table FY 2023-24).

[xi] 50,475 includes families whose family monthly income is at or above 40% of the state median income (SMI) and enrolled in CDSS child care programs (Alternative Payment Programs, Migrant Child Care and Development Programs, General Child Care and Development Programs, Family Child Care Home Education Networks, CalWORKs Stage 2, and CalWORKs Stage 3) and CDE full-day state preschool programs. CDSS program data for 40,152 families enrolled in child care programs in Apr. 2022 and 10,323 families enrolled in CDE full-day state preschool program in Sep. 2022. The CDSS data does not include families enrolled in the Child Care and Development Services for Children with Special Needs (CHAN) program. The CDE data does not include families experiencing homelessness, part-day state preschool, or who receive CSPP free or reduced price meals. CDSS and CDE data do not include families enrolled in CalWORKs Stage 1 Child Care and families who have a child receiving child protective services, or who is abused, neglected, or exploited or at-risk thereof. See generally Cal. Welf. & Inst. Code § 10291, Cal. Educ. Code § 8253; Analysis by Cal. Budget & Pol’y Ctr., based Cal. Dep’t Soc. Servs. data Apr. 2022 and Cal. Dep’t Educ. data Sept. 2022 (on file with Child Care Law Center).

[xii] Some families recoup close to 10% of their income, because some families paid nearly 10% of their income in family fees as permitted under Cal. Welf. & Inst. Code § 10290(d) prior to July 1, 2023. For example, a family of three earning 80% of SMI paid about 9% of their monthly income in family fees ($571). See Cal. Dep’t Soc. Servs., Fiscal Resources, California Department of Social Services, https://www.cdss.ca.gov/inforesources/child-care-and-development/fiscal-resources (last visited Aug. 18, 2023) (Income Ranking Table FY 2023-24 and Family Fee Schedule 2023-2024 (No Longer in effect as of October 1, 2023) available for download).

[xiii] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. §§ 6 & 16  (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Welf. & Inst. Code section 10290 and Cal. Educ. Code section 8252). Total funding for both Department of Social Services (CDSS) and Department of Education (CDE) early learning programs. See Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 16  (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Welf. & Inst. Code section 10290 (n)(3) to provide $56 million General Fund to reimburse providers for family fees waived or reduce); Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 194. Item 6100-196-0001 Schedule (1) Provision 7 (Cal. 2023), Chapter 38, Statues of 2023, ($10,531,000 General Fund for non-Local Education Agency (LEA) based California State Preschool Programs (CSPPs)), Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 195. Item 6100-196-0001 Schedule (1) Provision 5 (Cal. 2023), Chapter 38, Statues of 2023. ($11,875,000 Prop 98 for LEA-based CSPPs). There is no line-item allocation for the uncollected family fees that were accrued.

[xiv] Assemb. B. 110, 2023-24 Leg. Reg. Sess. §§ 2 & 4  (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Educ. Code section 8252 and Cal. Welf. & Inst. Code section 10290) & Cal. Dep’t Soc. Servs., 2023 Budget Act Executive Summary, 5, (2023), https://cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/LOcal-Assistance-Estimates/2023-Budget-Act-Executive-Summary.pdf. $4.4 million General Fund and $5.3 million Prop 98 for the waiver of CDE early learning program family fees. See Cal. Dep’t Educ., Budget Act for 2023–24: Information, https://www.cde.ca.gov/fg/fr/eb/ba2023-24.asp (last visited Oct. 31, 2023).

[xv] Cal. Welf. & Inst. Code § 10421(b).

[xvi] Cal. Welf. & Inst. Code § 10424.5.

[xvii] See Child Care Providers United, Child Care Providers United Contract, https://childcareprovidersunited.org/ourcontract/ (last visited Oct. 18, 2023) & Child Care Providers United, Childcare Providers Labor Relations, California Department of Human Resources, https://www.calhr.ca.gov/Pages/childcare-providers-labor-relations.aspx (last visited Oct. 18, 2023). 

[xviii] See S. B. 140, 2023-2024 Leg. Reg. Sess. § 19 (Cal. 2023), Chapter 193, Statues of 2023 (Bill history, on Sept. 12 the bill was enrolled and presented to the Governor for signature).

[xix] See Child Care Providers United, Child Care Providers United Contract, 1, https://childcareprovidersunited.org/ourcontract/ (last visited Oct. 18, 2023).

[xx] See Child Care Providers United, Child Care Providers United Contract, 15, https://childcareprovidersunited.org/ourcontract/ (last visited Oct. 18, 2023) (“providers shall be reimbursed in accordance with the Regional Market Rate (RMR) ceilings as established In Welfare and Institutions Code Section 10374.5). Starting Jan. 1, 2022, providers are paid the greater of the following: the 75th percentile of the 2018 regional market rate survey for that region or the regional market rate ceiling that existed in that region on December 31, 2021, and license exempt providers are paid 60% of the family child care provider rate. Cal. Welf. & Inst. Code § 10374.5. Providers paid with the Standard Reimbursement Rate will be paid following Cal. Welf. & Inst. Code § 10280 and Cal. Educ. Code § 8242. See Child Care Providers United, Child Care Providers United Contract, 16, https://childcareprovidersunited.org/ourcontract/ (last visited Oct. 18, 2023) (“Contractors that used Standard Reimbursement Rate will receive daily rate equivalent to RMR in counties where RMR is greater as of December 31, 2021 and adjustment by any cost of living adjustment FCCHEN contractors can make sub-agreements for pass through provider payments and maintain portion of daily rate for administrative costs”).

[xxi] See Child Care Providers United, BREAKING: We reached a tentative agreement on our new, 2-year contract with the State!, (June 30, 2023), https://childcareprovidersunited.org/news/breaking-we-reached-a-tentative-agreement-on-our-new-2-year-contract-with-the-state/.

[xxii] Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 163 Item 5180-101-0001 Provision 22 (Cal. 2023), Chapter 38, Statues of 2023 (“$1,360,964,000 is available over the 2023–24 and 2024–25 fiscal years to make any adjustments related to the reimbursement provided under all programs funded pursuant to Sections 10280 [CDSS child care programs] and 10374.5 [CalWORKs child care] of the Welfare and Institutions Code and Section 8242 of the Education Code [California State Preschool Programs {CSPP}]”).

[xxiii] Total funding across both CDSS and CDE early learning programs. $1,673,557,000 General Fund total for CDSS child care programs and non-Local Education Agency (LEA) CSPP. See Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 163 Item 5180-101-0001 Provision 22 (Cal. 2023), Chapter 38, Statues of 2023, ($1,360,964,000), Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 194 Item 6100-194-0001 Schedule (1) Provision 8 (Cal. 2023), Chapter 38, Statues of 2023 ($126,064,000), Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 23 (Cal. 2023), Chapter 41, Statues of 2023 ($186,528,000 from Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 161 Items 5180-001-0001 and 6100-194-0001). $1,158,069,000 Prop 98 total for CDE LEA CSPP. See Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 195  Item 6100-196-0001 Provision 7 (Cal. 2023), Chapter 38, Statues of 2023 ($369,320,000), Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 23 (Cal. 2023), Chapter 41, Statues of 2023 ($445,666,000 from Assemb. B. 102, 2023-2024 Leg. Reg. Sess. § 194 Item 6100-194-0001), Assemb. B. 103, 2023-2024 Leg. Reg. Sess. § 17 Item 6100-196-0001 Provision 6 (Cal. 2023), Chapter 33, Statues of 2023 ($343,083,000).

[xxiv]  S. B. 140, 2023-2024 Leg. Reg. Sess. § 10(b) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.1).

[xxv] S. B. 140, 2023-2024 Leg. Reg. Sess. § 10(b) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.1).

[xxvi] S. B. 140, 2023-2024 Leg. Reg. Sess. § 10(b) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.1). The cost of care plus rate is what supplemental rate increases are called for the next two years.

[xxvii] S. B. 140, 2023-2024 Leg. Reg. Sess. § 11(b) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.2).

[xxviii] S. B. 140, 2023-2024 Leg. Reg. Sess. § 10(b) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.1).

[xxix] S. B. 140, 2023-2024 Leg. Reg. Sess. § 11(c) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.2).

[xxx] S. B. 140, 2023-2024 Leg. Reg. Sess. § 10(c) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.1). Family, friend, and neighbor providers are legally license exempt. See Cal. Health & Safety Code § 1596.792(d).

[xxxi] Assemb. B. 116 2023-2024 Leg. Reg. Sess. § 11 (Cal. 2023), Chapter 41, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10227.6) & S. B. 140, 2023-2024 Leg. Reg. Sess. § 8 (Cal. 2023), Chapter 193, Statues of 2023 (amending Cal. Welf. and Inst. Code section 10227.6).

[xxxii] Eligibility requirements are as follows: provider completed the ARPA Survey, is currently open or temporarily closed, and served a child with subsidies in April 2022. A license-exempt child care provider must be currently providing care to subsidized care. See E-mail from Cal. Dep’t Soc. Servs. Child Care & Dev. Div. Update to Karina Laigo, Staff Attorney at Child Care Law Center (Oct. 12, 2023 15:34 PST) (on file with Child Care Law Center).

[xxxiii] S. B. 140, 2023-2024 Leg. Reg. Sess. §13 (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.4).

[xxxiv] S. B. 140, 2023-2024 Leg. Reg. Sess. §14(a) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.5).

[xxxv] S. B. 140, 2023-2024 Leg. Reg. Sess. §14(b) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.5).

[xxxvi] S. B. 140, 2023-2024 Leg. Reg. Sess. §14(d) (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.4).

[xxxvii] S. B. 140, 2023-2024 Leg. Reg. Sess. §12 (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10277.3).

[xxxviii] S. B. 140, 2023-2024 Leg. Reg. Sess. §§ 3(d) & 18(a) (Cal. 2023), Chapter 193, Statues of 2023. 

[xxxix] S. B. 140, 2023-2024 Leg. Reg. Sess. §§ 3(c) & 18 (b) (Cal. 2023), Chapter 193, Statues of 2023.

[xl] S. B. 140, 2023-2024 Leg. Reg. Sess. §§ 1(af) & 6(al) (Cal. 2023), Chapter 193, Statues of 2023 (amending Cal. Educ. Code section 8205 and Cal. Welf. & Inst. Code section 10213.5).

[xli] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 12 (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Welf. & Inst. Code section 10228).

[xlii] S. B. 140, 2023-2024 Leg. Reg. Sess. §§ 2 & 9 (Cal. 2023), Chapter 193, Statues of 2023 (adding Cal. Educ. Code section 8223.5 and adding Cal. Welf. & Inst. Code section 10277).

[xliii] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 12(c) (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Welf. & Inst. Code section 10228(c)).

[xliv] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. §§ 5(d), 8, 15(d) (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Educ. Code section 8242 for CSPP contractors, amending Cal. Welf. & Inst. Code section 10280 for child care and development program contractors, and amending Cal. Educ. Code section 42238.15 to retain the COLA for LPCs and R&Rs).

[xlv] See Cal. Dep’t Soc. Servs., Child Care Bulletin 23-25, 4, (Sept. 14, 2023), https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/CCBs/2023/23-25.pdf?ver=2023-09-21-155343-010 & Cal. Dep’t Soc. Servs. Local Assistance 2023 May Revision Estimate Methodologies, 144, (2023), https://www.cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/Local-Assistance-Estimates/2023-24/2023-May-Revision-EstimateMethodologies.pdf. 

[xlvi] See Cal. Dep’t Soc. Servs., Child Care Bulletin 23-25, 4, (Sept. 14, 2023), https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/CCBs/2023/23-25.pdf?ver=2023-09-21-155343-010 & Cal. Dep’t Soc. Servs. Local Assistance 2023 May Revision Estimate Methodologies, 145, (2023), https://www.cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/Local-Assistance-Estimates/2023-24/2023-May-Revision-EstimateMethodologies.pdf. 

[xlvii] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 14 (Cal. 2023), Chapter 41, Statues of 2023 (adding Cal. Welf. & Inst. Code section 10271.6(c)).

[xlviii] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 22 (Cal. 2023), Chapter 41, Statues of 2023.

[xlix] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 2 (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Educ. Code sections 8210 & 8211).

[l] Assemb. B. 116, 2023-2024 Leg. Reg. Sess. § 1 (Cal. 2023), Chapter 41, Statues of 2023 (amending Cal. Educ. Code sections 8208 (C)(1)(B)-(C) and (d)(2)(A)).

[li] S. B. 114, 2023-2024 Leg. Reg. Sess. § 49 (Cal. 2023), Chapter 48, Statues of 2023 (adding Cal. Educ. Code section 48000.15(b)(2)).

[lii] See S. B. 114, 2023-2024 Leg. Reg. Sess. § 47(g)(3)-(4) (Cal. 2023), Chapter 48, Statues of 2023 (amending Cal. Educ. Code section 48000) & S. B. 114, 2023-2024 Leg. Reg. Sess. § 48 (Cal. 2023), Chapter 48, Statues of 2023 (adding Cal. Educ. Code section 48000.1).

[liii] S. B. 114, 2023-2024 Leg. Reg. Sess. § 38 (Cal. 2023), Chapter 48, Statues of 2023 (amending Cal. Educ. Code section 46120). An expanded learning opportunity program must still comply with Health and Safety Code requirements under Chapter 3.4 (commencing with Section 1596.70) and Chapter 3.5 (commencing with Section 1596.90) if the program is caring for children not participating in the After School Education and Safety Program, Cal. Educ. Code section 8482 et seq., 21st Century Community Learning Centers, Cal. Educ. Code section 8484.7 et seq., or the Expanded Learning Opportunities Program. If a program has multiple funding sources to care for children in an expanded learning opportunity program, any conflict in program requirements will be resolved by following requirements of the funding source with the more restrictive requirements. See Cal. Educ. Code § 46120 (b)(10)(D).

[liv] Assemb. B. 120, 2023-2024 Leg. Reg. Sess. § 50 (Cal. 2023), Chapter 43, Statues of 2023 (amending Cal. Welf. & Inst. Code section 11450.025). See Cal. Dep’t of Soc. Servs., 2023-24 Local Assistance Appropriation Table, 1, https://www.cdss.ca.gov/Portals/9/Additional-Resources/Fiscal-and-Financial-Information/LOcal-Assistance-Estimates/23-24-Appropriation-Table.pdf (Line 29 “*MAP Increase – October 1, 2023).

[lv] Assemb. B. 120, 2023-2024 Leg. Reg. Sess. § 51 (Cal. 2023), Chapter 43, Statues of 2023 (amending Cal. Welf. & Inst. Code section  11450.027).

[lvi] See Assemb. B. 103, 2023-2024 Leg. Reg. Sess. § 1, Item 6100-001-0890 Provision 13 (Cal. 2023), Chapter 33, Statues of 2023 (amending Budget Act of 2021 Section 2 with $1.47 million remaining available) & Assemb. B. 103, 2023-2024 Leg. Reg. Sess. § 12, Item 6100-001-0890 Provision 13 (Cal. 2023), Chapter 43, Statues of 2023 (amending Budget Act of 2022 Section 2 with $1.47 million remaining available).

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