reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 2 - Requirements for Income Calculation › Section 17760 - Exceptions to Calculation of Adjusted Monthly Income for Military Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After enrolling
					 all families in priority order pursuant to sections
					 17746 and
					 17747, contractors may exclude, for
					 the purposes of income eligibility, the amount of the basic allowance for
					 housing provided to the individual pursuant to
					 37 United States Code
					 section 403 for military personnel whose
					 income is above the income eligibility threshold. This provision is only
					 applicable when both of the following apply:
(1) The program is located on or in close
					 proximity to a military base or base housing; and
(2) An individual counted in the family size
					 is on federal active duty, state active duty, active duty for special work, or
					 Active Guard and Reserve duty in the military, and the families reside on a
					 military base or in military housing.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17761 - Documentation and Determination of Family Size

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The parent shall obtain and provide
					 supporting documentation regarding the number of children and parents in the
					 family as listed on the application for services.
(1) The number of children shall be
					 documented by providing any one of the following documents, as applicable:
(A) Birth certificates or other live birth
					 records;
(B) Court orders regarding
					 child custody;
(C) Adoption
					 documents;
(D) Records of Foster
					 Care placements;
(E) School or
					 medical records;
(F) County welfare
					 department records; or
(G) Other
					 reliable documentation indicating the relationship of the child to the
					 parent.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17762 - Documentation of Income Eligibility; Income and Family Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The parent shall obtain and provide
					 documentation of the family's total countable income for the purposes of
					 determining whether a family is income eligible and/or assessing the
					 appropriate family fee, as applicable. The parent(s) shall provide
					 documentation of total countable income for all the individuals counted in the
					 family size as follows:
(1) If the parent is
					 employed, the parent shall provide:
(A) A
					 release authorizing the contractor to contact the employer(s) that includes, to
					 the extent known, the employer's name, address, telephone number, and usual
					 business hours; and
(B) Payroll
					 check stubs, or an independently drafted letter from the employer, or other
					 record of wages issued by the employer from either month of the two-month
					 window immediately preceding the initial certification, or the recertification
					 of eligibility for services.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17763 - Documentation of Need for Full-Day CSPP: In General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for families eligible for services
					 pursuant to Education Code sections
					 8208(c)(2)
					 and
					 8217,
					 families who are eligible for full-day CSPP shall document that each parent in
					 the family, as defined in section
					 17700, meets at least one of the
					 following need criteria:
(1) The child is
					 receiving child protective services;
(2) The child is identified as being abused,
					 neglected or exploited or at risk thereof;
(3) The family is experiencing
					 homelessness;
(4) The parent is
					 employed;
(5) The parent is seeking
					 employment;
(6) The parent is
					 enrolled in vocational training;
(7) The parent is enrolled in educational
					 programs;
(8) The parent is
					 incapacitated; or
(9) The parent is
					 seeking permanent housing for family stability.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17765 - Documentation of Need for Full-Day CSPP: Employment in the Home or a Licensed Family Child Care Home; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements of this section are in
					 addition to those stated in section
					 17764.
(b) If the parent's employment is in the
					 family's home or on property that includes the family's home, the parent must
					 provide justification for requesting subsidized preschool services based on the
					 type of work being done and its requirements, the age of the family's child for
					 whom services are sought, and, if the child is more than five years old, the
					 specific child care needs. The contractor shall determine and document whether
					 the parent's employment and the identified child care needs preclude the
					 supervision of the family's child.
(c) If the parent is a licensed family child
					 care home provider pursuant to Health and Safety Code section
					 1596.78
					 or an individual license-exempt provider pursuant to Health and Safety Code
					 section
					 1596.792,
					 subsections (d) or (f), the parent is not eligible for subsidized services
					 during the parent's business hours because the parent's employment does not
					 preclude the supervision of that parent's own child.
(d) If the parent is employed as an assistant
					 in a licensed large family child care home, pursuant to Health and Safety Code
					 section
					 1596.78(b),
					 and is requesting services for the family's child in the same family child care
					 home, the parent shall provide documentation that substantiates all of the
					 following:
(1) A copy of the family child care
					 home license indicating it is licensed as a large family day care
					 home;
(2) A signed statement from
					 the licensee stating that the parent is the assistant, pursuant to the staffing
					 ratio requirement of CCR, title 22, section
					 102416.5;
(3) Proof that the parent's fingerprints are
					 associated with that licensed family child care home as its assistant, which
					 the contractor may verify with the local community care licensing office;
					 and
(4) Payroll deductions withheld
					 for the assistant by the licensee, which may be a pay stub.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17766 - Documentation of Need for Full-Day CSPP: Seeking Employment; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of
					 need as stated on the application for services is seeking employment, the
					 following shall apply:
(1) Services as
					 requested by the parent shall occur on no more than five days per week and for
					 less than 30 hours per week.
(2)
					 The parent's period of eligibility for preschool services shall be for not less
					 than 12 months and the parent shall receive services for not less than 12
					 months before having eligibility and need recertified.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17767 - Documentation of Need for Full-Day CSPP: Educational Programs; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of need as stated on the
					 application for services is educational programs as defined in section
					 17700, preschool services shall be
					 limited in total to six years from the initiation of services based on
					 enrollment in educational programs.
(b) The parent shall obtain and provide to
					 the contractor documentation of enrollment in either:
(1) Classes or courses for English language
					 learner (ELL) or English as a Second Language (ESL); or
(2) Classes or courses to attain a high
					 school diploma, a General Education Development (GED), or a High School
					 Equivalency (HSE) certificate.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17768 - Documentation of Need for Full-Day CSPP: Vocational Training; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of need as stated on the
					 application for services is vocational training as defined in section
					 17700, preschool services shall be
					 limited in total, to whichever occurs first:
(1) Six years from the initiation of services
					 based on need for vocational training; or
(2) Twenty-four semester units, or the
					 equivalent, after the attainment of a Bachelor's Degree.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17769 - Documentation of Need for Full-Day CSPP: Parental Incapacity; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of need as stated on the
					 application for services is parental incapacity, the following shall apply:
(1) The certified schedule for preschool
					 services shall not exceed 50 hours per week.
(2) The parent's period of eligibility for
					 preschool services shall be for no less than 12 months and the parent shall
					 receive services for not less than 12 months before having eligibility and need
					 recertified.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17770 - Documentation of Child's Exceptional Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The family data file shall contain documentation of the
						child's exceptional needs if the contractor is claiming adjustment factors
						pursuant to Education Code sections
						8244(b)(1) and
						(b)(2). The documentation of the child's
						exceptional needs shall include:
(a) A
					 copy of the portion of the active individual family service plan (IFSP) or the
					 individualized education program (IEP) that includes the information as
					 specified in Education Code section
					 56026 and
					 CCR, title 5, sections
					 3030 and
					 3031; and
(b) A statement signed by a legally qualified
					 professional that:
(1) The child requires the
					 special attention of adults in a child care setting; and
(2) Includes the name, address, license
					 number, and telephone number of the legally qualified professional who is
					 rendering the opinion.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17771 - Documentation of Eligibility and Need: Family Experiencing Homelessness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A family experiencing homelessness may establish both
						eligibility and need as follows:
(a)
					 In order to meet the eligibility requirements for a family experiencing
					 homelessness, the family must obtain and provide documentation which includes
					 either of the following:
(1) A written
					 referral dated within three months prior to the application for services, from
					 one of the following entities, which identifies the child as experiencing
					 homelessness:
(A) A legal, medical, or social
					 services agency;
(B) A local
					 educational agency liaison for children and youth experiencing
					 homelessness;
(C) A Head Start
					 program; or
(D) An emergency or
					 transitional shelter.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17772 - Documentation of Need for Full-Day CSPP: Seeking Permanent Housing; Service Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the basis of need as stated on the
					 application for services is the parent seeking permanent housing for family
					 stability, the following shall apply:
(1)
					 Services, as requested by the parent, shall occur on no more than five days per
					 week and for less than 30 hours per week.
(2) The parent's period of eligibility for
					 preschool services shall be for no less than 12 months and the parent shall
					 receive services for not less than 12 months before having eligibility and need
					 recertified.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17773 - Documentation of Child Protective Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If eligibility and need as specified in
					 Education Code sections
					 8208(c)(1)(A)
					 and (c)(1)(B) are based on child protective services, the family data file
					 shall contain a written referral, dated within the six months immediately
					 preceding the date of application for services, from a legal, medical, social
					 service agency or emergency shelter. The written referral shall include either:
(1) A statement from the local county welfare
					 department, child protective services unit certifying that the child is
					 receiving child protective services and that early childhood services are a
					 necessary component of the child protective services plan; or
(2) A statement by a legally qualified
					 professional that the child is at risk of abuse or neglect and the early
					 childhood services are needed to reduce or eliminate that risk;
					 and
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 7 - Family Data File › Article 3 - Documentation Requirements › Section 17774 - Documentation of Family Residency for FRPM Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Families enrolling pursuant to Education
					 Code section
					 8208(a)(4) and
					 (c)(3) must provide proof of residency within
					 the attendance boundaries of the same qualified FRPM elementary school as the
					 preschool program to be eligible for enrollment in a CSPP FRPM site.
(b) Acceptable documentation for proof of
					 residency may include any of the following with one or more parents' names on
					 the documentation:
(1) Current utility
					 bill;
(2) Current property tax
					 bill;
(3) Current rental or lease
					 agreement with landlord's information;
(4) Current voter registration;
(5) Current government agency
					 letter;
(6) Current employment pay
					 stub; or
(7) Any documentation that
					 a contractor reasonably relies upon to prove a family's
					 residency.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17775 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulations in subchapter 8 apply
					 only to local educational agencies (LEAs) operating part-day or full-day
					 California State Preschool Program (CSPP) that choose to be exempt from
					 California Code of Regulations (CCR), title 22, pursuant to Health and Safety
					 Code section
					 1596.792(o).
(b) LEAs operating part-day or full-day CSPP
					 classrooms may choose for any or all classrooms to be exempt from CCR, title 22
					 licensing requirements as long as they continue to meet all legal and
					 contractual requirements of the CSPP, which includes adequate standards of
					 Program Quality, pursuant to subchapter 2 of this chapter, as well as meet the
					 following conditions:
(1) The LEA has a
					 contract to perform CSPP services and performs those services directly, and not
					 as a subcontract for preschool services;
(2) The LEA is performing such services in a
					 school building, as defined by Education Code section
					 17283, and
					 the school building in which the services are performed has been determined to
					 be compliant with the provisions of the Field Act, pursuant to title 1,
					 division 1, part 10.5, chapter 3, articles 3 and 6 of the Education Code,
					 according to the Division of the State Architect;
(3) The school building in which services are
					 performed is maintained in good repair as defined by Education Code section
					 17002 and
					 is subject to a yearly facility inspection pursuant to Education Code section
					 1240 and
					 the information is included on the LEA's School Accountability Report
					 Card.
(4) The LEA facility meets
					 the requirements for kindergarten classrooms in accordance with chapter 13
					 (commencing with section
					 14000) of division 1 of CCR, title
					 5.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17776 - Visual Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Visual supervision of children shall be
					 provided by an adult program staff at all times, including during napping,
					 toileting, and in all locations where children are present, whether inside or
					 outside.
(b) Children shall be
					 monitored for behavior and wellness throughout the period of attendance and any
					 unusual behavior, injury, or sign of illness requiring assessment and/or
					 administration of first aid by staff shall be reported to the child's
					 authorized parent or guardian and recorded in the family data file.
(c) There shall be direct visual supervision
					 of a child that is ill.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code. Reference: Section
						  1596.7925,
						  Health and Safety Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17777 - Indoor Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Indoor space shall be sufficient for the number of
						children using the space at any given time and meet the following
						requirements:
(a) If a new or existing
					 permanent structure, meet the requirements for kindergarten classrooms in
					 accordance with chapter 13 (commencing with section
					 14000) of division 1 of CCR, title
					 5.
(b) Be maintained in a safe and
					 sanitary condition;
(c) Include a
					 variety of age-appropriate equipment, toys and materials in good condition and
					 in sufficient quantity to allow children present to fully participate in
					 planned activities; and
(d) Include
					 materials and surfaces accessible to children, including toys and supplies,
					 that are free of toxic substances.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code. Reference: Section
						  17002,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17778 - Outdoor Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Outdoor space shall be sufficient for the number of children using the space at
					 any given time and meet the following additional requirements:
(1) Include adequate shade to protect
					 preschool children from harmful sun exposure. Safe shade may be created in the
					 outdoor space with the use of natural landscape or trees or through the use of
					 shade structures, tarps, or umbrellas, so long as these items are in good
					 repair and do not pose a safety hazard for preschool children; and
(2) Be accessible only to preschool,
					 transitional kindergarten, and kindergarten-age children.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17779 - Restroom Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Children's restroom facilities shall meet
					 the following requirements:
(1) Be
					 self-contained within the classroom or preschool complex and accessible only to
					 preschool, transitional kindergarten, and kindergarten-age children. Restroom
					 facilities designated for preschool children shall not be used by
					 adults;
(2) Be accessible to
					 enrolled children during the entire school day;
(3) Contain one toilet and one sink for every
					 15 preschool children, or fraction thereof, which shall be sized for use by
					 preschool aged children; and
(4)
					 Provide additional aids and/or conveniences as needed to accommodate children
					 with exceptional needs and/or developmental delays.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17780 - Drinking Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Clean and safe drinking water must be accessible and readily available
					 throughout the day by way of a drinking fountain, water cooler with cups, or a
					 similar water-dispensing device so long as accessible to children.
(b) If a drinking fountain, water cooler, or
					 other water-dispensing device is too high for preschool children to access,
					 anchored steps or a safe broad-based platform shall be provided to make it
					 accessible.
(c) Drinking fountains,
					 if available, shall be maintained in a manner that assures that it is clean,
					 safe, and functional.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code. Reference: Section
						  17002,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 8 - Local Educational Agencies Operating Cspps Exempt from Licensing Regulations › Article 1 - Health and Safety Requirements › Section 17781 - Uniform Complaint Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors must comply with all Uniform Complaint
						Procedure regulations in CCR, title 5, chapter 5.1, subchapter 1, article 10,
						Complaints Regarding State Preschool Health and Safety Issues in LEAs Exempt
						from Licensing.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Sections
						  8212 and
						  8231,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code. Reference: Section
						  8212,
						  Education Code; and Section
						  1596.7925,
						  Health and Safety Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 9 - Due Process › Article 1 - Notice of Action › Section 17782 - Notice of Action, Application for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor's decision to approve or
					 deny services at initial certification shall be communicated to the applicant
					 through a written statement referred to as a Notice of Action, Application for
					 Services. The contractor shall maintain copies of the Notice of Action,
					 Application for Services in the family data file. The written statement may be
					 communicated to the applicant through electronic means.
(b) The contractor shall send the Notice of
					 Action, Application for Services to the parent(s) within 30 calendar days from
					 the date the application is signed by the parent(s) in accordance with sections
					 17782 and
					 17783 of this chapter. The
					 statement should be transmitted to the parent in the manner requested by the
					 parent in the Application for Services.
(c) The contractor must attempt to provide
					 the family with a Notice of Action, Application for Services in the parent's
					 primary language.
(d) The Notice of
					 Action, Application for Services shall include:
(1) The applicant's name and
					 address;
(2) The contractor's name
					 and address;
(3) The name,
					 telephone number, and email address of the contractor's authorized
					 representative who made the decision;
(4) The date of the notice; and
(5) The method of distribution of the
					 notice.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 9 - Due Process › Article 1 - Notice of Action › Section 17783 - Notice of Action, Recipient of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Notice of Action, Recipient of
					 Services is used when there is any change to the service agreement including,
					 but not limited to:
(1) The contractor
					 determining, at recertification, that the need or eligibility requirements are
					 not met;
(2) The contractor
					 modifying the family fee or the amount of service; or
(3) The contractor terminating
					 services.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 9 - Due Process › Article 2 - Due Process Requirements › Section 17785 - Appeal Procedure for Early Education Division Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the parent disagrees with the written
					 decision from the contractor, the parent has 14 calendar days from the date the
					 decision was received by the parent in which to appeal to the Early Education
					 Division. A decision is deemed to be received by the parent on the day the
					 parent was personally served with the decision or the date the decision was
					 electronically transmitted to the parent, on the date following the sending of
					 the letter if sent via overnight delivery service or five days following the
					 mailing of the decision, if the letter was mailed to the parent(s). The
					 contractor shall document the method of delivery and date the decision was sent
					 to the parent.
(b) If the parent(s)
					 do(es) not submit an appeal request to the Early Education Division within 14
					 calendar days from the receipt of the decision, the parents' appeal process
					 shall be deemed abandoned and the contractor may implement the intended
					 action.
(c) The parent(s) shall
					 specify in the appeal request the reason(s) why they believe the contractor's
					 decision was incorrect and provide any documentation or evidence to support the
					 parent(s) position.
(d) A copy of
					 the contractor's notice of intended action and written decision shall be
					 submitted by the parent(s) with the appeal request.
(e) Upon receipt of an appeal request, the
					 Early Education Division may request copies of the family data file and other
					 relevant materials from the contractor as well as may request additional
					 information from the parent(s). The Early Education Division may also conduct
					 any investigations, interviews or mediation that it believes are necessary to
					 resolve the appeal. Any mediation of the appeal shall be conducted with the
					 consent of both the parent(s) and the contractor.
(f) The decision of the Early Education
					 Division shall be sent to the parent(s) and to the contractor within 30
					 calendar days after receipt of the appeal request.
(g) The Early Education Division shall send
					 the appeal decision in the delivery method preferred by the parent.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Section
						  8231,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 9 - Due Process › Article 2 - Due Process Requirements › Section 17786 - Contractor Compliance with Early Education Division Decision; Reimbursement for Services During the Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The contractor shall comply with the
					 decision of the Early Education Division immediately upon receipt
					 thereof.
(b) The contractor shall
					 be reimbursed for preschool services delivered to the family during the appeal
					 process.
(c) If a contractor's
					 determination that a family is ineligible is upheld by the Early Education
					 Division, services to the family shall cease upon receipt of the Early
					 Education Division's decision by the contractor.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Section
						  8231,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17787 - Notification of Address Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall notify the Early
					 Education Division in writing of any change in mailing address for
					 communication regarding the contract 30 calendar days prior to the address
					 change.
(b) Contractors shall
					 notify the Early Education Division in writing of any proposed change in
					 operating facility address(es) at least 30 calendar days in advance of the
					 change unless such change is required by an emergency such as fire, flood or
					 earthquake.
1. New
						subchapter 10 (articles 1-5, sections
						17787-17825) article 1 (sections
						17787-17796) and section filed
						7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Section
						  8231,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17788 - Materials Developed with Contract Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the contractor receives income from
					 materials developed with contract funds, the use of the income shall be
					 restricted to the preschool program.
(b) If the materials were developed in part
					 with contract funds, a portion of the income from the sale of the materials
					 shall be used in the preschool program and be computed in direct proportion to
					 the share of contract funds used in development of the materials.
(c) Materials developed with contract funds
					 shall contain:
(1) An acknowledgement of the
					 use of state funds in the development of materials;
(2) A disclaimer that the contents do not
					 necessarily reflect the position or policy of the California Department of
					 Education (CDE).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17789 - Prohibition Against Religious Instruction or Worship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall not provide nor be reimbursed for
						preschool services which include religious instruction or
						worship.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8247,
						  Education Code. Reference: Sections
						  8231 and
						  8242,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17790 - Prohibition Against Presigned Checks, Early Education Division Prior Written Approval; Two Authorized Signatures on Checks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for external payroll services, private
						contractors:
(a) Shall not use any
					 presigned, preauthorized, or pre-stamped checks, without the prior written
					 approval of the Early Education Division; and
(b) Shall require two authorized signatures
					 on all checks unless:
(1) The contractor has a
					 policy approved by its governing board requiring dual signatures only on checks
					 above a specified dollar amount; and
(2) The annual audit verifies that
					 appropriate internal controls are maintained.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17791 - Prohibition Against Loans and Advances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall not loan contract funds
					 to individuals, corporations, organizations, public agencies or private
					 agencies.
(b) Contractors shall not
					 advance unearned salary to employees.
(c) Contractors shall not make advance
					 payments to subcontractors and shall compensate subcontractors after services
					 are rendered or goods are received except for:
(1) Subcontractors providing preschool
					 services; and
(2) Subcontractors
					 with subcontracts exempt from the provisions of article 2 of this subchapter as
					 specified in section
					 17797.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17792 - Compliance with Title 22 California Code of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided for in Health & Safety
						Code section
						1596.792(o),
						contractors with facilities which are exempt by statute or otherwise exempt
						from licensure shall comply with health and safety regulations for childcare
						centers and family child care homes as specified in California Code of
						Regulations (CCR), title 22, Community Care Licensing Standards in order to
						qualify for preschool program contract funds.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Section
						  8231,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17793 - Contracts with Multiple Service Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor with more than one service
					 delivery area, as specified in and funded through a single contract, shall
					 maintain service at the same level, plus or minus 10 percent of the contracted
					 child hours or child days of enrollment, as applicable, in the individual
					 service area(s) specified in its current contract.
(b) The contractor may request approval from
					 the Early Education Division to vary service levels by more than 10 percent if
					 the contractor can demonstrate that the need for services in the designated
					 area(s) has changed.
(c) The Early
					 Education Division shall approve or deny the request within 30 calendar days of
					 receipt of the request.
(d) If the
					 request is denied, the contractor may appeal this decision in accordance with
					 section 17833 of this chapter.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Sections
						  8203 and
						  8247,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17794 - Contract Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions for purposes of this section.
(1) "Contract monitoring review (CMR)" means
					 the monitoring and review process for preschool programs that is used to
					 determine compliance with applicable laws, regulations and contractual
					 provisions. This may include, but is not limited to, an on-site compliance
					 review, remote monitoring, technical assistance, and targeted
					 support.
(2) "On-site compliance
					 review" means that a team of CDE staff reviews a contractor's program for
					 compliance at the program site.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17795 - Contractor's Termination for Convenience

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor may terminate the contract
					 for any reason during the contract term.
(b) The contractor shall notify the Early
					 Education Division of its intent to terminate the contract at least 90 calendar
					 days prior to the date the contractor intends to terminate the
					 contract.
(c) Within 15 days from
					 the date the contractor notifies the Early Education Division of its intent to
					 terminate the contract, the contractor shall submit:
(1) A current inventory of equipment
					 purchased in whole or in part with contract funds; and
(2) The names, addresses and telephone
					 numbers of all families served by the contract and all staff members funded by
					 the contract.
(3) Contractors
					 operating through a family child care home education network shall also submit
					 the names, addresses and telephone numbers of all family child care home
					 providers.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 1 - General Provisions › Section 17796 - Title, Use, Disposition and Retention of Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When equipment is purchased with state
					 funds, the title shall vest in the contractor only for such period of time as
					 the contractor has a contract with the CDE.
(b) The Early Education Division may provide
					 written authorization for the contractor to retain the equipment for the
					 contractor's own use if a fair compensation is paid to the state for the
					 state's share of the cost of the equipment. Fair compensation shall be
					 determined by the state using the state's share of original acquisition cost,
					 less depreciation, computed on a straight-line method over the estimated useful
					 life expectancy of the equipment.
(c) When equipment is purchased in whole or
					 in part with state funds, the contractor shall use the equipment exclusively in
					 the program(s) from which funds were used to purchase the equipment. If the
					 contractor wishes to share the use of the equipment between/among two or more
					 programs, the cost of such equipment shall be prorated between/among the
					 programs.
(d) If the contractor no
					 longer has a contract with the CDE, the contractor shall dispose of the
					 equipment in accordance with written directions from the Early Education
					 Division.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Sections
						  8231 and
						  8247,
						  Education Code. Reference: Sections
						  8231 and
						  8247,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 2 - Subcontracts › Section 17797 - Subcontracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A written
					 subcontract is required for all service agreements, except as defined in
					 subsection (b).
(b) The following
					 types of service agreements do not require a written subcontract and are not
					 subject to the regulations contained in this article:
(1) Employment agreements;
(2) Facility rental or lease
					 agreements;
(3) Payment
					 arrangements with family child care homes;
(4) Medical or dental service
					 agreements;
(5)
					 Bookkeeping/auditing agreements, except for section
					 17798;
(6) Food services agreements;
(7) Janitorial and ground keeping
					 agreements;
(8) A subcontract with
					 a public agency; and
(9)
					 Subcontracts with an individual for less than $10,000.00, except for section
					 17798.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 2 - Subcontracts › Section 17798 - Private Contractors: Three Bids for Subcontracts Exceeding the Amount Stated in Annual Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Private contractors shall obtain at least three bids or estimates for
					 subcontracts that exceed the amount stated for subcontract bid requirements in
					 the annual preschool contract.
(b)
					 The subcontract shall be awarded to the lowest responsible bidder.
(c) If three bids or estimates cannot be
					 obtained, the private contractor shall maintain documents in its records that
					 establish:
(1) The reasons why three bids or
					 estimates could not be obtained; and
(2) The reasonableness of the proposed
					 expenditure without three bids or estimates.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 10 - General Fiscal Requirements › Article 2 - Subcontracts › Section 17799 - Prior Early Education Division Approval Required for All Subcontracts Exceeding the Amount Stated in the Annual Early Education Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors shall obtain prior written approval from the
						Early Education Division for subcontracts that:
(a) Are not excluded from the provisions in
					 section 17797 of this chapter;
					 and
(b) Exceed the amount stated
					 for subcontract approval in the annual preschool contract.
1. New
						section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Section
						  8231,
						  Education Code. Reference: Section
						  8231,
						  Education Code.