(a) Commencing January 1, 2020, and notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are eligible for free or reduced-price meals, may enroll four-year-old children, as defined in Section 8208, as follows:

(1) First priority shall be given to children as provided for in paragraph (1) of subdivision (a) of Section 8236.

(2) Second priority shall be given to children as provided for in paragraph (2) of subdivision (a) of Section 8236.

(3) Third priority shall be given to families meeting the eligibility requirements of Section 8263.

(4) Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to paragraph (1) of subdivision (a) of Section 8263, subject to both of the following:

(A) Enrollment of eligible four-year-old children pursuant to this paragraph shall be limited to families that establish residency within the attendance boundary of the qualifying public school pursuant to this subdivision. Providers shall require proof of residency as a condition of enrollment.

(B) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.

(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2019.

(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2020. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding the implementation of subdivision (a).

(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.

(Added by Stats. 2019, Ch. 51, Sec. 3. (SB 75) Effective July 1, 2019.)