reglab/statecodes huggingface dataset:
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 2 - Selection of Contractors › Section 18002 - Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 An applicant must submit a complete application in accordance with the
					 instructions and timeline(s) contained in the RFA.
(b) If the application submitted is
					 incomplete or not completed in accordance with the instructions and
					 timeline(s), the CDE may reject it. If the CDE rejects it, no further review
					 shall be made.
(c) Any change made
					 to the contents of the RFA, shall be posted on the CDE's funding Web site
					 located at http://www.cde.ca.gov/.
(d) All complete applications submitted in
					 accordance with the instructions and timeline(s) in the RFA shall be evaluated
					 as follows:
(1) Applications shall be
					 evaluated and scored as specified in the RFA.
(2) If the RFA includes more than one service
					 delivery area, applicants shall be considered for the service area(s) specified
					 in their applications.
(3)
					 Applicants headquartered in the service delivery area(s) specified in the RFA
					 shall be given preference over applicants with the same score that are not
					 headquartered in the specified area(s).
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 2 - Selection of Contractors › Section 18003 - Appeals for Request for Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After receiving the written notification of its score as
						described in section
						18002(e) above, an
						applicant may review its application, the criteria used to score the
						application, and any reader comments on its application. An applicant may
						appeal its score. If the applicant intends to appeal, the following appeal
						process shall apply:
(a) An applicant
					 shall send a notice of appeal to the CDE's Child Development Division within
					 ten business days of receipt of the notice of its score issued pursuant to
					 section 18002(e).
(b) The notice to appeal shall contain the
					 following information:
(1) the appellant's
					 name, mailing address, and telephone number;
(2) the name(s) of the person(s) who will
					 represent the appellant at the appeal hearing; and
(3) whether the representative(s) will attend
					 the appeal hearing in person or communicate through a telephone conference
					 call.
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 2 - Selection of Contractors › Section 18004 - Award of Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to announcing an award, the CDE shall verify:
(1) the applicant's eligibility for funding
					 pursuant to section
					 18001 of this Division;
					 and
(2) as applicable, all
					 applicants who have filed appeals have either been notified of the results of
					 their appeal or the applicant has withdrawn its appeal.
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 2 - Selection of Contractors › Section 18005 - Contractor Eligibility for State Child Care Facilities Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order for a contractor to be eligible to apply for a
						lease of a relocatable facility for extended day care, the contractor shall
						maintain a clear or provisional contract status.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8477,
						  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 2 - Selection of Contractors › Section 18006 - Priorities for State Child Care Facilities Fund (School Age Community Child Care Programs). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Change without regulatory effect repealing section filed 4-20-2012 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2012, No. 16).
Note: Authority cited: Section
						  8461,
						  Education Code. Reference: Section
						  8477,
						  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 3 - State Child Care Facilities Fund › Section 18007 - Priorities for State Child Care Facilities Fund (GAIN)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For programs serving participants in the Greater Avenues
						for Independence Act of 1985 (GAIN), priorities for the acquisition and leasing
						of facilities from the Child Care Facilities Fund are:
(a) First priority shall be given to extended
					 day care programs that:
(1) Operate within the
					 boundaries of school districts that have unhoused pupils;
(2) Have developed a plan to provide extended
					 day care services in a cost effective manner; and
(3) Are providing or seeking to provide
					 extended day care services in, or in close proximity to, public housing
					 projects, or in areas of high density of recipients of benefits under the Aid
					 to Families with Dependent Children programs in order to serve participants
					 under the Greater Avenues for Independence Act of 1985
					 (GAIN).
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 3 - State Child Care Facilities Fund › Section 18008 - Funding Award Procedures for State Child Care Facility Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No additional eligibility criteria beyond
					 those specified in Section
					 18005 of this Division and
					 Education Code Sections
					 8477 and
					 8478.5
					 shall be imposed.
(b) Based on the
					 priorities and procedures specified in Sections
					 18006 and
					 18007 above, the Child Development
					 Division shall make recommendations for funding to the State Allocation
					 Board.
(c) Funds shall be awarded
					 by the State Allocation Board based on availability and rules and procedures
					 established by the State Allocation Board pursuant to Education Code Sections
					 8477(e)
					 and
					 8478.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8477,
						  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 4 - Contingency Funds for Alternative Payment Programs › Section 18009 - Application for Contingency Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Alternative Payment programs as defined
					 in section 18018(e) of this
					 Division may apply for funding for additional services which were provided
					 pursuant to section
					 8222.1 of
					 the Education Code by submitting a request to the California Department of
					 Education, Office of External Audits.
(b) The request shall be in the form of a
					 letter which must be submitted by October 31 of the fiscal year following the
					 fiscal year in which the additional costs were incurred and services were
					 provided.
(c) The Office of
					 External Audits shall order payments from the contingency fund after verifying:
(1) the costs incurred and the level of
					 additional services provided;
(2)
					 that reimbursement from the contingency fund does not exceed five thousand
					 dollars ($5,000) or two percent (2%) of the contractor's maximum reimbursable
					 amount, whichever is greater; and
(3) that the contractor has not been
					 reimbursed for additional services from the contingency fund for the prior two
					 consecutive years.
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 5 - Continued Funding › Section 18010 - Continued Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Contractors have no vested right to a subsequent contract.
(b) Contractors that are not on conditional
					 contract status but which have evidenced fiscal or programmatic noncompliance
					 with the provisions of this Division or Education Code Sections
					 8200 et
					 seq., shall receive an administrative review in accordance with Section
					 18303 of this Division to determine
					 whether they will receive an offer for continued funding.
(c) Contractors currently on conditional
					 status that do not meet the requirements specified in the Conditional Status
					 Addendum, as specified in Section
					 18305 of this Division, may not be
					 offered a subsequent contract and shall be so notified by the Child Development
					 Division at least ninety (90) calendar days prior to the end of the current
					 contract period.
(d) Contractors
					 that intend to accept the offer to continue services in the subsequent contract
					 period shall respond to a continued funding application request from the Child
					 Development Division in accordance with the instructions and timelines
					 specified in the request.
(e)
					 Failure to respond within the timelines specified in the continued funding
					 application request shall constitute notification to the Child Development
					 Division of the contractor's intent to discontinue services at the end of the
					 current contract period unless the contractor has received a written extension
					 of the original timeline from the Child Development Division.
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8261 and
						  8406.6,
						  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 5 - Continued Funding › Section 18011 - Location of the Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior
						history, see Register 77, No. 39.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18012 - Scope of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise provided in this Division, the
						regulations in this Chapter apply to all contracting agencies authorized to
						establish, maintain, or operate services pursuant to the Child Care and
						Development Services Act, Chapter 2, Part 6 of Title 1 of the California
						Education Code (commencing with Section
						8200).
1.
						Renumbering of former Chapter 2 (Sections
						18140-18174) to Chapter 5 (Sections
						18140-18174) filed 11-21-88;
						operative 1-1-89 (Register 88, No. 50).
2. Repealer and new section
						filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see
						Register 77, No. 39.
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8203,
						  8261 and
						  8269,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18014 - Notification of Address Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors shall notify the Child
					 Development Division in writing of any change in mailing address for
					 communication regarding the contract within ten (10) calendar days of the
					 address change.
(b) Contractors
					 shall notify the Child Development Division in writing of any proposed change
					 in operating facility address(es) at least thirty (30) calendar days in advance
					 of the change unless such change is required by an emergency such as fire,
					 flood or earthquake.
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18015 - Private Agencies; Open Board Meetings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
2. Change without
						regulatory effect repealing section filed 8-24-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 35).
Note: Authority cited: Sections
						  8203(f)
						  and
						  8261,
						  Education Code. Reference: Section
						  54951.7,
						  Government Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18016 - 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 child development program.
(b) If the materials were developed in part
					 with contract funds, the income from the sale of the materials that shall be
					 used in the child development program shall 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.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18017 - 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
						child care and development services which include religious instruction or
						worship.
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
Note: Authority cited: Section
						  8269,
						  Education Code. Reference: Section
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18018 - Prohibition Against Presigned Checks, Child Development Division Prior Written Approval; Two (2) 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 Child Development Division; and
(b) Shall require two (2) 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 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18019 - 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 direct child
					 care and development services; and
(2) Subcontractors with subcontracts exempt
					 from the provisions of Article 2 of this Chapter as specified in Section
					 18026 of this
					 Division.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18020 - Compliance with Title 22 California Code of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors with facilities which are exempt by statute
						or otherwise exempt from licensure shall comply with health and safety
						regulations for day care centers and family child care homes as specified in
						Title 22 California Code of Regulations, Community Care Licensing Standards in
						order to qualify for child care and development program contract
						funds.
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18021 - Payments to Family Child Care Providers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
2. Repealer filed
						9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A
						Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency
						language will be repealed by operation of law on the following
						day.
3. Repealer refiled 12-29-2003 as an emergency; operative
						12-29-2003 (Register 2004, No. 1). A Certificate of Compliance must be
						transmitted to OAL by 4-27-2004 or emergency language will be repealed by
						operation of law on the following day.
4. Certificate of Compliance
						as to 12-29-2003 order transmitted to OAL 4-26-2004 and filed 6-8-2004
						(Register 2004, No. 24).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18022 - 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 ten percent (10%) 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 Child Development Division to vary service levels by more than ten percent
					 (10%) if the contractor can demonstrate that the need for services in the
					 designated area(s) has changed.
(c)
					 The Child Development Division shall approve or deny the request within thirty
					 (30) calendar days of receipt of the request.
(d) If the request is denied, the contractor
					 may appeal this decision in accordance with Section
					 18308 of this Division.
1.
						Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50). For prior history, see Register 77, No. 39.
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8203 and
						  8269,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18023 - Compliance Reviews of Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions.
(1) "Compliance review" means that a team of
					 California Department of Education staff reviews a contractor's program at the
					 program site to determine compliance with applicable laws, regulations, or
					 contractual provisions.
(2) "CCR"
					 means the monitoring and review instrument for child development programs that
					 is used to determine compliance and is contained within the "Coordinated
					 Compliance Review Guide -- 2003-2004", a document that is incorporated by
					 reference.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18024 - 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 Child
					 Development Division of its intent to terminate the contract at least ninety
					 (90) calendar days prior to the date the contractor intends to terminate the
					 contract.
(c) Within fifteen (15)
					 days from the date the contractor notifies the Child Development 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) Family child care
					 home and Alternative Payment program contractors shall also submit the names,
					 addresses and telephone numbers of all providers of subsidized services funded
					 by the contract.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 1 - General Provisions › Section 18025 - Title, Use, Disposition and Retention of Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Title. When equipment is purchased with
					 State funds, title shall vest in the contractor only for such period of time as
					 the contractor has a contract with the California Department of Education
					 (CDE).
(b) Retention of Equipment.
					 The Child Development Division (CDD) 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) Use. 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) Disposition. 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 CDD.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Change without regulatory effect amending section filed 12-23-2010 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2010, No. 52).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8261 and
						  8269,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18026 - Subcontracts Excluded from Scope of this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following types of relationships are not subject to
						the regulations contained in this Article:
(a) Employment agreements;
(b) Facility rental or lease
					 agreements;
(c) Payment
					 arrangements with family child care homes;
(d) Payment arrangements with child care
					 providers for Alternative Payment programs;
(e) Medical or dental service
					 agreements;
(f)
					 Bookkeeping/auditing agreements, except for Section
					 18027;
(g) Food services agreements;
(h) Janitorial and groundkeeping
					 agreements;
(i) A subcontract with
					 a public agency; and
(j)
					 Subcontracts with an individual for less than ten thousand dollars
					 ($10,000.00), except for Section
					 18027.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18027 - Private Contractors; Three (3) Bids for Subcontracts Exceeding the Amount Stated in Annual Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Private contractors shall obtain at least three (3) bids
						or estimates for subcontracts that exceed the amount stated for subcontract bid
						requirements in the annual child development contract.
(a) The subcontract shall be awarded to the
					 lowest responsible bidder.
(b) If
					 three (3) bids or estimates cannot be obtained, the private contractor shall
					 maintain documents in its records that establish:
(1) The reasons why three (3) bids or
					 estimates could not be obtained; and
(2) The reasonableness of the proposed
					 expenditure without three (3) bids or estimates.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18028 - Prior Child Development Division Approval Required for All Subcontracts Exceeding the Amount Stated in the Annual Child Development Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors shall obtain prior written approval from the
						Child Development Division for subcontracts that:
(a) Are not excluded from the provisions of
					 this Article by Section
					 18026 of this Division;
					 and
(b) Exceed the amount stated
					 for subcontract approval in the annual child development contract.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18029 - Required Documents for Prior Child Development Division Approval of Subcontracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor shall submit the following documents to
						the Child Development Division before entering into any agreement with a
						proposed subcontractor 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
					 18027(b) of this
					 Division;
(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 (1/2) the amount of the
					 proposed subcontract; and
(e) Two
					 (2) 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 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18030 - Child Development Division Approval or Disapproval of Subcontract Within Thirty (30) Calendar Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Child Development Division shall
					 approve or disapprove a proposed subcontract submitted for prior approval
					 within thirty (30) calendar days following the receipt of all required
					 documents.
(b) Upon approval or
					 disapproval, the Child Development 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
					 18308 of this Division.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Section
						  8261,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 2 - Subcontracts › Section 18032 - Audit Requirements for Subcontracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subcontracts requiring Child Development
					 Division approval shall be audited in accordance with California Department of
					 Education (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 fifteenth 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
					 18071 of this
					 Division.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18033 - 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 18013(s) of this
						Division.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8265 and
						  8275,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18034 - 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
					 8275, not
					 to exceed fifteen percent (15%) of the annual contract amount.
(b) Close-down costs for Migrant Programs as
					 specified in Education Code Section
					 8233.
(c) Administrative costs, not to exceed
					 fifteen percent (15%) of net reimbursable program costs. Such costs include
					 activities that do not provide a direct benefit to the children, parents, or
					 providers.
(d) Employee
					 compensation, including fringe benefits, and personal service
					 contracts.
(e) Equipment and
					 equipment replacement with prior Child Development Division approval if
					 required in the annual child development contract.
(f) Improvement of sites and adjacent grounds
					 to meet or continue to meet Title 22 California Code of Regulations, Community
					 Care Licensing Standards. Reimbursable improvements are those that:
(1) do not unnecessarily increase the value
					 as defined in 18013(v) of this Division of a facility; and
(2) the contractor has obtained prior Child
					 Development Division approval if required in the annual child development
					 contract.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18035 - Nonreimbursable Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following costs shall not be reimbursable under the
						child development 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
					 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 Child Development
					 Division;
(f) Costs incurred after
					 the contract has been terminated;
(g) Fund raising costs except as specified in
					 Section 18277 of this Division;
(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 Child Development
					 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 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18037 - 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 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8261 and
						  8269,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18038 - Recoupment of Advanced Contract Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The State Department of Education 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 one hundred percent (100%) of the cost, if the cost was not
					 necessary.
(b) The State Department
					 of Education may elect to recover any costs of recoupment, including collection
					 services or attorney fees.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Sections
						  8265 and
						  8269,
						  Education Code. Reference: Section
						  8269,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18039 - Use of Subsidized Parent Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fees received from subsidized parents are
					 to be expended and earned by the contractor before contract funds shall be
					 claimed for reimbursement.
(b) Such
					 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 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8261 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18040 - 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
					 child development contract, private contractors shall obtain at least three (3)
					 bids or estimates;
(1) Award shall be made to
					 the lowest responsible bidder;
(2)
					 If three (3) bids or estimates cannot be obtained, the contractor shall
					 maintain documentation that specifies the reason(s) why three (3) bids or
					 estimates could not be obtained and establishes the reasonableness of the cost
					 without three (3) bids or estimates;
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 3 - Costs › Section 18041 - 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 Child
					 Development Division. The Child Development 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 ninety (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; or
(5) When the benefit to
					 the state can be obtained within California.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 4 - Determination of Reimbursement › Section 18054 - Determination of Reimbursable Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for Resource and Referral programs
					 and Alternative Payment type programs, all contractors shall be reimbursed for
					 an audited claim that is the least of the following:
(1) The maximum reimbursable amount as stated
					 in the annual child development contract; or
(2) The net reimbursable program costs;
					 or
(3) 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 five
					 percent (5%), but in no case to exceed one hundred percent (100%) of
					 enrollment;
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 4 - Determination of Reimbursement › Section 18055 - Minimum Days of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the contractor fails to operate at least ninety eight
						percent (98%) 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 11-21-88; operative 1-1-89 (Register 88, No.
						50).
Note: Authority cited: Section
						  8269,
						  Education Code. Reference: Section
						  8269,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 4 - Determination of Reimbursement › Section 18056 - Reduction, Withholding, and Cancelling Apportionments to Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The California
					 Department of Education (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 required by sections
					 18068,
					 18069,
					 18070,
					 18071,
					 18072 and
					 18073 of this Division, if
					 applicable, 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, Local Assistance
					 Bureau.
(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 18301 or section
					 18308 of this
					 Division.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 4 - Determination of Reimbursement › Section 18057 - 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 California Department of Education (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 11-21-88; operative 1-1-89 (Register 88, No. 50).
2.
						Change without regulatory effect amending subsections (b) and (c) filed
						12-23-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 52).
Note: Authority cited: Sections
						  8261 and
						  8269,
						  Education Code. Reference: Sections
						  8261 and
						  8265,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 19 - Early Learning and Care Programs › Subchapter 2 - General Requirements › Article 5 - Accounting and Reporting Requirements › Section 18063 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Contractors shall report expenditures on an accrual
						basis.
1. New
						section filed 11-21-88; operative 1-1-89 (Register 88, No.
						0).
Note: Authority cited: Section
						  8261,
						  Education Code. Reference: Sections
						  8261 and
						  8448(g),
						  Education Code.