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 10 - General Fiscal Requirements › Article 2 - Subcontracts › Section 17800 - Required Documents for Prior Early Education Division Approval of Subcontracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall submit the following documents to
						the Early Education Division before entering into any agreement with a proposed
						subcontractor covered by section
						17799 and before any work begins
						pursuant to the proposed subcontract:
(a) A copy of each bid or estimate;
(b) If applicable, the documents required to
					 be maintained under section
					 17798(c) of this
					 chapter;
(c) Identification of the
					 lowest responsible bidder selected by the contractor;
(d) For capital outlay subcontracts,
					 documents showing that the bidder selected by the contractor has obtained a
					 payment bond in an amount not less than one-half the amount of the proposed
					 subcontract; and
(e) Two copies of
					 the proposed subcontract, including a proposed line-item budget which shows the
					 costs of the services to be performed. The budget for a proposed subcontract
					 for renovation and repair shall show the total cost of labor and the total cost
					 of materials.
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 2 - Subcontracts › Section 17801 - Early Education Division Approval or Disapproval of Subcontract Within 30 Calendar Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Early Education Division shall approve or disapprove a proposed subcontract
					 submitted for prior approval within 30 calendar days following the receipt of
					 all required documents.
(b) Upon
					 approval or disapproval, the Early Education Division shall return a copy of
					 the approved subcontract or a copy of the disapproved subcontract to the
					 contractor.
(c) A disapproved
					 contract will include a statement of the reason(s) for not approving the
					 subcontract.
(d) If the request for
					 approval of a subcontract is denied, the contractor may appeal the decision in
					 accordance with instructions specified in 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: 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 2 - Subcontracts › Section 17803 - Audit Requirements for Subcontracts to Operate Early Education Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Subcontracts for the operation of one or more of a contractor's preschool
					 programs shall be audited in accordance with CDE Audit Guidelines.
(b) The cost of the audit shall be
					 reimbursable and shall be borne by the contractor either directly or as an
					 allowance in the subcontract.
(c)
					 The audit of the subcontract shall be submitted to the CDE as follows:
(1) School districts, county offices of
					 education and community colleges shall submit the audit of the subcontract by
					 the 15th day of the fifth month following the fiscal year in which the
					 subcontracted services were performed;
(2) All other contractors shall submit the
					 subcontract audit along with the contractor's audit as specified in section
					 17823 of this
					 chapter.
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 3 - Costs › Section 17804 - General Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors will be reimbursed for actual costs that are
						reasonable and necessary to the performance of the contract as defined in
						section 17700 of this chapter. Whether
						costs are reasonable and necessary to the performance of the contract shall be
						determined in conjunction with requirements set forth in the federal Uniform
						Guidance, 2 Code of Federal Regulations part 200 et. seq.
1. New
						article 3 (sections
						17804-17811) 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: Sections
						  8231 and
						  8247,
						  Education Code. Reference: Sections
						  8242 and
						  8255,
						  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 3 - Costs › Section 17805 - Specific Items of Reimbursable Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reimbursable costs include, but are not limited to, the
						following:
(a) Start-up costs
					 specified in Education Code section
					 8255, not
					 to exceed 15 percent of the expansion amount.
(b) Administrative costs, not to exceed 15
					 percent of net reimbursable program costs. Such costs include activities that
					 do not provide a direct benefit to the children, parents, or
					 providers.
(c) Employee
					 compensation, including fringe benefits, and personal service
					 contracts.
(d) Equipment and
					 equipment replacement with prior Early Education Division approval if required
					 in the annual preschool contract.
(e) Improvement of sites and adjacent grounds
					 to meet or continue to meet CCR, title 22, Community Care Licensing Standards.
					 Reimbursable improvements are those that:
(1)
					 Do not unnecessarily increase the value as defined in section
					 17700 of this chapter of a
					 facility; and
(2) The contractor
					 has obtained prior Early Education Division approval if required in the annual
					 preschool contract.
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 3 - Costs › Section 17806 - Nonreimbursable Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following costs shall not be reimbursable under the
						preschool contract:
(a) Bad debts,
					 including losses arising from uncollectible accounts and any related legal
					 costs. Uncollected parent fees are not considered to be bad debts if sufficient
					 documentation of collection attempts exists;
(b) Contributions;
(c) Costs of amusement or
					 entertainment;
(d) Costs of fines
					 or penalties;
(e) Costs of idle
					 facilities unless those costs are related to a partial year program and the
					 costs of the idle facilities have been approved by the Early Education
					 Division;
(f) Costs incurred after
					 the contract has been terminated;
(g) Fund raising costs except as specified in
					 section 17707 of this chapter;
(h) Consumer interest except:
(1) Interest on borrowed funds when
					 apportionments are withheld because of a delay or error attributable to the
					 state and the amount of interest claimed is approved by the Early Education
					 Division; or
(2) When interest is
					 part of a lease purchase agreement.
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 3 - Costs › Section 17807 - Charging of Expenditures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reimbursement for net reimbursable program costs shall
						meet the following criteria:
(a) Costs
					 must be incurred during the contract period.
(b) Contractors shall not use current year
					 contract funds to pay prior or future year obligations.
(c) The cost of the annual independent audit
					 may be claimed either in the contract period which was the subject of the audit
					 or during the contract period in which the audit is completed.
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 3 - Costs › Section 17808 - Recoupment of Advanced Contract Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The CDE shall recoup any payments made
					 for costs which were not reasonable and necessary. The amount that is recouped
					 shall be the excess payment over the reasonable or fair market value, or 100
					 percent of the cost, if the cost was not necessary.
(b) The CDE may elect to recover any costs of
					 recoupment, including collection services and attorney fees.
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
						  8242 and
						  8247,
						  Education Code. Reference: Section
						  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 3 - Costs › Section 17809 - Use of Subsidized Family Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fees received from subsidized families
					 are to be expended and earned by the contractor before contract funds shall be
					 claimed for reimbursement.
(b) Such
					 family fees shall be expended on reimbursable costs and earned by providing
					 child days/hours of enrollment beyond the minimum required by the contract at a
					 rate equal to the lesser of the daily/hourly contract rate or the actual
					 cost.
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
						  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 3 - Costs › Section 17810 - Prior Approval for Certain Capital Outlay Expenditures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When expenditures for equipment,
					 equipment replacement and improvements exceed the level specified in the annual
					 preschool contract, private contractors shall obtain at least three bids or
					 estimates;
(1) Award shall be made to the
					 lowest responsible bidder;
(2) If
					 three bids or estimates cannot be obtained, the contractor shall maintain
					 documentation that specifies the reason(s) why three bids or estimates could
					 not be obtained and establishes the reasonableness of the cost 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 3 - Costs › Section 17811 - Prior Approval for Out-of-State Travel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall be reimbursed for
					 out-of-state travel expenses only with prior written approval from the Early
					 Education Division. The Early Education Division shall not approve out-of-state
					 travel expenses:
(1) For more than one
					 employee per contract per year;
(2)
					 For contractors with delinquent accounts payable which are delinquent more than
					 90 calendar days after the date of the original invoice;
(3) For contractors on conditional
					 status;
(4) When there is no clear
					 benefit to the state;
(5) When the
					 benefit to the state can be obtained within California; or
(6) When any state travel restrictions are
					 imposed by law.
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 4 - Determination of Reimbursement › Section 17812 - Determination of Reimbursable Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All contractors shall be reimbursed for an audited claim
						that is the least of the following:
(a) The maximum reimbursable amount as stated
					 in the annual preschool contract; or
(b) The net reimbursable program costs;
					 or
(c) The product of the adjusted
					 child days of enrollment for certified children, times the contract rate per
					 child day of enrollment, times the actual percentage of attendance plus 5
					 percent, but in no case to exceed 100 percent of enrollment.
1. New
						article 4 (sections
						17812-17815) 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: Sections
						  8231 and
						  8247,
						  Education Code. Reference: Section
						  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 4 - Determination of Reimbursement › Section 17813 - Minimum Days of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the contractor fails to operate at least 98 percent of
						the minimum days of operation required in its contract, ceases operation or the
						contract is terminated prior to the end of the contract period, the maximum
						reimbursable amount shall be reduced in proportion to the percentage of the
						contract minimum days of operation that the contractor was not in
						operation.
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: Section
						  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 4 - Determination of Reimbursement › Section 17814 - Reduction, Withholding, and Cancelling Apportionments to Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The CDE shall
					 reduce, withhold or cancel any scheduled apportionment when one or more of the
					 following conditions exist:
(1) The
					 contractor has not submitted an acceptable audit for any prior year of
					 operation on or before the date due.
(2) The contractor has not submitted the
					 reports or requests for data required by sections
					 17821,
					 17822,
					 17823,
					 17824 and
					 17825 of this chapter, if
					 applicable, or any other reports or requests for data required by the preschool
					 contract, on or before the date due.
(3) The contractor will not earn the full
					 contract amount based on the current year projected and the prior year actual
					 net reimbursable programs costs as determined by the CDE, Fiscal and
					 Administrative Services Division.
(4) A creditor of the contractor has placed a
					 lien on the contractor's scheduled apportionments.
(5) The contractor has accounts payable which
					 are:
(A) More than 90 days delinquent to the
					 CDE; and
(B) Not under appeal as
					 specified in either section
					 17826 or section
					 17833 of this
					 chapter.
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 4 - Determination of Reimbursement › Section 17815 - Order of Expenditure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Expenditure from the Child Development Fund shall occur
						in the following order:
(a) Fees
					 collected from parents of certified children shall be first in and first
					 out.
(b) State or federal contract
					 funds apportioned by the CDE shall be second in and second out.
(c) Interest received on advanced CDE funds
					 shall be last in and last out.
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
						  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 5 - Accounting and Reporting Requirements › Section 17816 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors shall report expenditures on an accrual
						basis.
1. New
						article 5 (sections
						17816-17825) 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: Sections
						  8231 and
						  8247,
						  Education Code. Reference: Sections
						  8231 and
						  8335,
						  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 5 - Accounting and Reporting Requirements › Section 17817 - Child Development Fund; Interest Bearing Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All contractors shall establish a fund to
					 be known as the "Child Development Fund" as specified in Education Code section
					 8271,
					 except that private contractors shall establish the fund in a federally insured
					 banking institution located in California.
(b) Contractors with multiple fund sources
					 shall establish separate program cost accounts for each source of
					 funds.
(c) If a contractor places
					 advanced contract funds in an interest-bearing account, the interest-bearing
					 account shall be a separate account within the Child Development
					 Fund.
(d) Interest earned shall be
					 retained by the contractor if it is expended on reimbursable costs.
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
						  8271,
						  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 5 - Accounting and Reporting Requirements › Section 17818 - Enrollment and Attendance Accounting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall use daily
					 sign-in/sign-out sheets as a primary source document for audit and
					 reimbursement purposes.
(b) One of
					 the following persons shall enter the time of arrival and departure on a
					 sign-in/sign-out sheet and, except as specified in subsection (c) below, shall
					 sign the sheet using their full signature:
(1)
					 The parent or other adult authorized by the parent to drop off/pick up a child;
					 or
(2) The staff person designated
					 by the contractor as the person responsible for entering the times of arrival
					 and departure if the child is not dropped off/picked up by a parent or other
					 adult authorized by the parent.
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 5 - Accounting and Reporting Requirements › Section 17819 - Verification of Excused Absence; Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the absence is claimed by the
					 contractor as an excused absence as defined in Education Code section
					 8205, the
					 attendance accounting records shall contain verification that includes:
(1) The name of the child;
(2) The date(s) of absence;
(3) The specific reason for the absence;
					 and
(4) The signature of the parent
					 or the contractor's authorized representative if verification is made by
					 telephone.
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 5 - Accounting and Reporting Requirements › Section 17819.5 - Abandonment of Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 purposes of this section, "provider" includes an individual, family child care
					 home, or center-based entity that provides subsidized preschool services
					 directly to children.
(b) When the
					 family has not been in communication with the provider for seven consecutive
					 calendar days and has not notified the provider of the reason the family is not
					 using services, the provider, if not the contractor, shall promptly notify the
					 contractor.
(c) Using the contact
					 information on file, the contractor shall attempt to contact the parent through
					 a variety of communication methods. At least one communication attempt shall be
					 in writing, which may be through electronic methods. The contractor shall keep
					 documentation of all communication attempts, including a copy of all written
					 communication, in the family data file. The contractor shall inform the parent
					 in these communications that failure to communicate with the contractor or
					 provider may result in termination of preschool services.
(d) The contractor shall issue a notice of
					 action to disenroll the family on the basis of abandonment of care when there
					 has been no communication with the provider or the contractor for a total of 30
					 consecutive calendar days.
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
						  8207 and
						  8231,
						  Education Code. Reference: Sections
						  8207 and
						  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 5 - Accounting and Reporting Requirements › Section 17820 - General Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All paper and electronic records shall be
					 retained for a minimum period of five years.
(b) Claims for reimbursement shall not be
					 paid unless there are documents to support the claims. The contractor has the
					 burden of supporting claims for reimbursement.
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 5 - Accounting and Reporting Requirements › Section 17821 - Attendance and Expenditure Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall submit reports
					 containing the following information for each contract to the CDE at intervals
					 specified in the annual preschool contract:
(1) Days/hours of enrollment and attendance
					 for all children served in the program in the current reporting period and year
					 to date.
(2) Total days of
					 operation in the current reporting period and year to date.
(3) The report shall include all services,
					 revenues and expenditures for both subsidized and nonsubsidized children if
					 nonsubsidized and subsidized children are receiving commingled preschool
					 services as defined in section
					 17700 of this chapter.
(4) Amount and sources of all revenues other
					 than advanced contract funds and those specified in subsection (b) for the
					 current reporting period and the year to date. Restricted and unrestricted
					 income shall be reported as follows:
(A)
					 Restricted income expended during the contract period shall be reported as
					 "restricted."
(B) Restricted income
					 that is not expended during the contract period remains restricted and shall be
					 considered "deferred revenue."
(C)
					 All unrestricted income shall be reported as
					 "unrestricted."
(5) Total
					 expenditures, other than those specified in subsection (b) related to the
					 program operation for the current reporting period and the year to date,
					 including all expenses for specific purposes as designated by restricted income
					 and all non-reimbursable expenses.
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 5 - Accounting and Reporting Requirements › Section 17822 - Report Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Contractors shall submit statistical, cost and program data as requested by the
					 CDE in order for the CDE to prepare various legislatively mandated reports, for
					 purposes of determining reimbursement, to meet state and federal reporting
					 requirements, and for the effective administration of preschool
					 programs.
(b) Contractors shall
					 submit the data to the CDE by the date specified in the CDE's request for this
					 information.
(c) Reports not
					 received by the required due date shall be considered delinquent. Penalties for
					 delinquent reporting are specified in section
					 17814 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: Sections
						  8231 and
						  8247,
						  Education Code. Reference: Section
						  8232,
						  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 5 - Accounting and Reporting Requirements › Section 17823 - Audits and Auditors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Contractors shall annually submit to the CDE Audits and Investigations Division
					 an acceptable annual financial and compliance audit.
(b) All audits shall be performed by:
(1) A Certified Public Accountant who
					 possesses a valid license to practice within the State of California;
(2) A Public Accountant licensed on or before
					 December 31, 1970 and currently certified and licensed by the State of
					 California; or
(3) A member of the
					 CDE staff of auditors.
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 5 - Accounting and Reporting Requirements › Section 17824 - Review of Audit by the California Department of Education Audits and Investigations Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The CDE Audits and Investigations Division shall conduct a review of the audit
					 to determine whether the audit is acceptable and to determine the contractor's
					 net reimbursable program costs. The Audits and Investigation Division's
					 determination of earnings shall be the final accounting of any amount payable
					 to or receivable from the contractor pursuant to the contract.
(b) The contractor may appeal the Audits and
					 Investigations Division's findings according to the procedures specified in
					 section 17826 of this chapter if the amount
					 of the demand for remittance meets or exceeds the threshold specified in
					 Education Code section
					 8309(a)(3).
(c) The Audits and Investigations Division
					 will not accept audit report submissions more than two years past the due
					 date.
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
						  8231,
						  8309 and
						  8335,
						  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 5 - Accounting and Reporting Requirements › Section 17825 - Delinquent Audits; One-Time Extension; Unsubmitted Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an audit is not received on or before
					 the required due date and an extension has not been granted, the audit shall be
					 considered delinquent and all apportionments shall be withheld as specified in
					 section 17814 of this chapter.
(b) Except for contractors on conditional
					 status, the CDE Audits and Investigations Division may grant a contractor a
					 one-time only, 30-calendar day extension of the audit due date provided the
					 inability of the contractor to submit the audit by the due date was beyond the
					 fault and control of the contractor.
(c) If the contractor fails to produce or
					 submit an acceptable audit within one year of the due date as specified in
					 section 17823 of this chapter, the CDE may
					 bill the contractor for 100 percent of the preschool funding received by the
					 contractor for that fiscal year.
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
						  8231 and
						  8335,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17826 - Termination, Suspension, and Major Reductions in Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to the requirements of Education
				  Code sections
				  8306
				  through
				  8319, an
				  independent appeal procedure shall be available to any contractor whose
				  contract is:
(1) Terminated, either
				  immediately or upon 90 days' notice;
(2) Suspended;
(3) Reduced by 4 percent of the agency's
				  total contract or $25,000, whichever is less; or
(4) Demanded for remittance of an overpayment
				  of more than 4 percent of an agency's contract or $25,000, whichever is
				  less.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17827 - Contractor's Responsibility After Notice of Termination or Notice of Decision to Make NO Offer of Continued Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After receiving notice of the Early Education Division's
					 decision to terminate the contract or to make no offer of continued funding,
					 the contractor shall submit copies to or make available for copying by the
					 Early Education Division all of the following:
(a) A current inventory of equipment
				  purchased in whole or in part with contract funds;
(b) The names, addresses and telephone
				  numbers of all families served by the contract, all staff members funded by the
				  contract;
(c) Monthly enrollment
				  and attendance reports until the contract is actually terminated or until the
				  final month for which the contractor retains a contract; and
(d) The names, addresses and telephone
				  numbers for all family child care home providers serving families under the
				  contract if the contract operates through a family child care home education
				  network
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
						8231 and
						8309,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17828 - Administrative Review of Changes in Contract Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contract performance shall be reviewed at
				  least annually by Early Education Division staff who shall determine by April 1
				  of each year whether to offer continued funding on a clear contract, continued
				  funding on a conditional basis or to make no offer of continued
				  funding.
(b) If the staff
				  recommends conditional status or no offer of continued funding, the contractor
				  shall be notified in writing of the reasons for the proposed change in contract
				  status by April 7. The notice of proposed action shall be sufficiently specific
				  to allow the contractor to respond to the factual basis for the proposed
				  action.
(c) If the contractor
				  disagrees with the proposed action, the contractor can appeal by preparing a
				  response as follows:
(1) The contractor's
				  response shall be received by the Early Education Division within 10 calendar
				  days of receipt of the notice of proposed action;
(2) The contractor's response shall include
				  any written materials in support of its position; and
(3) If the contractor intends to make an oral
				  presentation, the response shall so specify.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17829 - Conditional Status Imposed During the Contract Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the contractor demonstrates fiscal or
				  programmatic noncompliance during the contract period, based on such
				  information as an annual audit report, a contract compliance review, a program
				  quality review, or a change in licensing status, the Early Education Division
				  may place the contract on conditional contract status for the remainder of the
				  contract period.
(b) The contractor
				  shall receive notice and may request an administrative review of the proposed
				  action as set forth in section
				  17828 of this chapter, in the event
				  such a change in contract status is recommended by staff of the Early Education
				  Division.
(c) If the contract is
				  placed on conditional status during the last 90 days of the contract period and
				  the contractor is offered continued funding, the contract for the subsequent
				  contract period will also be on conditional status.
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
						8306,
						8307 and
						8314,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17830 - Conditional Status Addendum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A conditional status contract shall
				  contain a bill of particulars specified in Education Code section
				  8314 called
				  a Conditional Status Addendum explaining the contract conditions. The Addendum
				  shall include the following:
(1) The specific
				  item(s) of noncompliance which the contractor must correct;
(2) The specific corrective action(s) which
				  must be taken;
(3) The time period
				  within which the contractor must complete the corrections; and
(4) Notice that failure to make required
				  corrections may result in termination of the contract or no offer of continued
				  funding.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17831 - Monthly Reports; Inventory of Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor on conditional contract
				  status shall submit monthly enrollment and attendance reports to the CDE,
				  Fiscal and Administrative Services Division.
(b) The first monthly report shall include a
				  current inventory of equipment purchased in whole or in part with 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
						8314,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17832 - Duration of Conditional Contract Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor shall remain on conditional
				  contract status until the contractor has been notified by Early Education
				  Division that deficiencies identified in the Conditional Status Addendum have
				  been corrected and their status as a conditional contractor has been
				  cleared.
(b) A contractor with a
				  repayment plan shall remain on conditional contract status until full repayment
				  is made.
(c) A contractor may
				  request written verification from the Early Education Division that some of the
				  deficiencies have been corrected even if the contractor will not be removed
				  from conditional contract status.
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
						8314,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 11 - Appeal and Dispute Resolution Procedures › Section 17833 - Resolution of Contract Administration Disputes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The procedure specified in this section
				  shall be used to resolve disputes between contractors and the CDE that may
				  arise regarding the interpretation and application of any term or condition of
				  a contract, including, but not limited to, requests for waivers, approval of
				  subcontracts or expenditures requiring approval, requests for reimbursement
				  rate adjustments, or reductions in the total amount of contract reimbursement
				  that are not appealable under section
				  17826 of this chapter.
(b) The contractor shall attempt to resolve
				  contract disputes at the lowest staff level within the CDE.
(c) If the dispute is not resolved at the
				  lowest staff level, the contractor may appeal the decision by submitting a
				  written description of the issues and the basis for the dispute to the Regional
				  Administrator of the Early Education Division having jurisdiction over the
				  contractor's service delivery area. The Regional Administrator shall make a
				  determination and shall send a written notification of the decision to the
				  contractor, together with the reasons for the decision within 30 calendar days
				  of the receipt of the appeal by the Regional Administrator.
(d) The contractor may appeal the decision of
				  the Regional Administrator to the Associate Director of the Early Education
				  Division by submitting a written description of the issues in the dispute and a
				  copy of the Regional Administrators decision. The Associate Director of the
				  Early Education Division shall send notification of the decision to the
				  contractor and shall specify the reason(s) for the decision within 30 calendar
				  days of the receipt of the appeal by the Associate Director. The decision of
				  the Associate Director of the Early Education Division shall be the final
				  administrative action afforded 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: Sections
						8306,
						8307 and
						8331,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 1 - Award of Funding for Child Care and Development Programs › Article 1 - General Provisions › Section 17906 - Fiscal Control. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer of Article 1 (Sections
						17900-17918) filed 9-23-77;
						effective thirtieth day thereafter (Register 77, No. 39). For prior history,
						see Register 69, No. 51; Register 71, No. 20; Register 72, No. 30; and Register
						74, No. 23.
2. New Article 1 (Section
						17906) filed 8-18-78; effective
						thirtieth day thereafter (Register 78, No. 33).
3. Repealer filed
						11-21-88; operative 1-1-89 (Register 88, No. 50).
4. Amendment of
						chapter heading filed 5-21-2021; operative 7-1-2021 (Register 2021, No.
						21).
Note: Authority cited: Section
						  8248,
						  Education Code. Reference: Section
						  8243,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 1 - Award of Funding for Child Care and Development Programs › Article 1 - General Provisions › Section 17930 - Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment and renumbering of former Article 2 (Sections
						17930-17946) to Part VIII, Chapter
						1, Article 5 (Sections
						80105-80117) filed 12-16-77;
						effective thirtieth day thereafter (Register 77, No. 51). For prior history see
						Register 77, No. 39; Registers 75, No. 44, No. 32, No. 25; and Register 74, No.
						47.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 1 - Award of Funding for Child Care and Development Programs › Article 1 - General Provisions › Section 18000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Chapter:
(a) "Additional funds" means award of new
					 contracts or expanded contracts that increase the contractor's level of
					 administrative responsibility. Additional funds do not include cost of living
					 adjustments, rate increases, one-time-only supplemental funds or Alternative
					 Payment program contingency funds.
(b) "Applicants headquartered in" means:
(1) Contractors or applicants that have
					 provided child care and development services in the service delivery area, as
					 defined in section
					 18000(f) of this
					 Article, for at least three years immediately preceding the posting date of the
					 Request for Applications (RFA); or
(2) Contractors or applicants that have their
					 primary administrative offices for the child development program in the service
					 delivery area as defined in section
					 18000(f) of this
					 Article. The primary administrative office is that office which houses the
					 executive officer(s), the fiscal functions, and other centralized support
					 services as documented to the Internal Revenue Service and/or the California
					 School Directory Web site located at http://www.cde.ca.gov.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 1 - Award of Funding for Child Care and Development Programs › Article 1 - General Provisions › Section 18001 - Eligibility for Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 current contractor is eligible to apply for new or additional funds except when
					 one or more of the following conditions apply during the RFA cycle:
(1) the contractor is on conditional status
					 because of fiscal or programmatic noncompliance as described in section
					 18303 or
					 18304; or
(2) the CDE's Child Development Division has
					 conducted a compliance review pursuant to section
					 18023 and the contractor has failed
					 to cure items of fiscal and programmatic noncompliance identified in the review
					 within 12 months of the issuance of the compliance review report; or
(3) the CDE reduced the contractor's current
					 year maximum reimbursement amount due to the contractor's inability to utilize
					 its full contract amount, whether through low enrollment or low expenditures
					 for the same contract type.