California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18013 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Division:
(a) "Actual and allowable net costs" means
					 the costs which may be reimbursed under a particular child development contract
					 after disallowed costs and restricted income have been subtracted from total
					 expenditures.
(b) "Adjusted child
					 days of enrollment" means child days of enrollment after special needs
					 adjustment factors specified in Education Code section
					 8265.5 have
					 been applied.
(c) "Administrative
					 costs" means costs incurred for administrative activities where neither the
					 family, the child nor the service providers for Alternative Payment programs
					 and family child care homes directly benefit from the activity.
(d) "Adult" for the purposes of this Division
					 means a person who is at least 18 years of age.
(e) "Alternative Payment programs" means
					 contracts designated as Alternative Payment, County Welfare Department, or
					 Child Protective Services. Contracts designated as Exceptional Needs which
					 operate in a vendor payment mode are included in the definition of Alternative
					 Payment programs. Contractors operating Alternative Payment programs are not
					 precluded from contracting for other program types as specified in Education
					 Code section
					 8208(h).
(f) "Authorized representative" means a
					 person who has been delegated the responsibility to sign a child in and out of
					 a child care program in the absence of the parent.
(g) "Benefit to the state" means that the
					 activity will improve knowledge or expertise in areas directly related to
					 subsidized child care and development services.
(h) "Ceases operation" means the contractor
					 does not provide subsidized services in accordance with the contractor's
					 program operating calendar submitted to and approved by the Child Development
					 Division for the applicable contract period.
(i) "Commingled child care services" means
					 the provision of services to both subsidized and nonsubsidized children in the
					 same classroom at the same time.
(j) "Contract period" means the time span the
					 contract is in effect as specified in the child development contract.
(k) "Depreciation" means a cost in the
					 current fiscal year that is based on acquisition costs, less any estimated
					 residual value, computed on a straight line method (based on the normal,
					 estimated useful life expectancy of the asset).
(l) "Disallowed costs" means costs which have
					 been incurred but are not reimbursable because they are not reasonable and/or
					 necessary for the performance of the contract as defined in section
					 18013(s) of this
					 Division or are nonreimbursable as specified in section
					 18035 of this Division.
(m) "Indirect cost" means an expense that
					 cannot be readily assigned to one specific program or one specific line item
					 within a program.
(n) "Indirect
					 cost allocation plan" means a written justification and rationale for assigning
					 the relative share of indirect costs across more than one program or
					 contract.
(o) "Maximum reimbursable
					 amount" means the total dollar amount of a contract. Reimbursement from the
					 State shall not exceed the maximum reimbursable amount. The initial maximum
					 reimbursable amount shall be the approved original version of the annual
					 contract based on the Budget Act as signed by the Governor.
(p) "Net reimbursable program costs" means
					 the portion of the actual and allowable net costs which are incurred in the
					 provision of child care and development services for subsidized
					 children.
(q) "Private contractor"
					 means an entity other than a public agency which is tax exempt or non-tax
					 exempt and under contract with the California Department of Education (CDE) for
					 the provision of child care and development services.
(r) "Public contractor" means a school
					 district, community college district, county superintendent of schools, campus
					 of the California State University or the University of California system,
					 county, city or other public entity under contract with the CDE for the
					 provision of child care and development services.
(s) "Reasonable and necessary costs" means
					 expenditures that, in nature and amount, do not exceed what an ordinarily
					 prudent person would incur in the conduct of a competitive business.
(t) "Restricted income" means income which
					 the donor designates may only be expended for specific limited purposes that
					 are reimbursable according to the contract.
(u) "Total contract amount" for the purpose
					 of determining the limit of allowable administrative and program support
					 services for Alternative Payment type programs means either the initial maximum
					 reimbursable amount or the total of direct payments to providers, which
					 includes family fees for certified children and interest earned on advanced
					 contract funds, plus reimbursable administrative and support services costs,
					 whichever is greater.
(v) "Total
					 expenditures" means all costs for the provision of subsidized services under
					 the contract and any nonsubsidized services which are provided in commingled
					 classrooms.
(w) "Unnecessarily
					 increase the value" means an improvement of a site beyond what is required to
					 meet California Code of Regulations, title 22, Community Care Licensing
					 Standards.
(x) "Unrestricted
					 income" means income that has no restrictions regarding use by the donor, and
					 income restricted by the donor for purposes that are not reimbursable according
					 to the contract, including income for services to children not subsidized by
					 the contract.
(y) "Use allowance"
					 means an alternate method for claiming the use of the contractor's assets as a
					 cost when depreciation methods are not used.
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
2. Amendment of
						subsection (o), new subsection (u), subsection relettering and amendment of
						newly designated subsection (w) filed 11-13-2006 as an emergency; operative
						11-13-2006 (Register 2006, No. 46). A Certificate of Compliance must be
						transmitted to OAL by 3-13-2007 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 11-13-2006 order, including further amendment of section, transmitted to
						OAL 3-8-2007 and filed 4-17-2007 (Register 2007, No. 16).
4. Change
						without regulatory effect amending subsections (b), (d)-(e), (l) and (q)-(r)
						filed 12-23-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 52).
5. Change without regulatory
						effect amending subsections (b) and (e) filed 4-20-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 16).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8208 and
						  8261,
						  Education Code.