California Department of Education – Field Services Division
Child Development Division
Main Office (916) 322-6233
No. 94-02 (rc)
Date: Feb. 1994
Expires: Until Rescinded
Subject: REDUCED DAYS OF OPERATION OR ATTENDANCE DUE TO EMERGENCY CONDITIONS
Authority: Education Code, Section 8271
ATTENTION: EXECUTIVE OFFICERS/SUPERINTENDENTS AND PROGRAM DIRECTORS OF ALL CHILD DEVELOPMENT PROGRAMS
The purpose of this Advisory, which supersedes Management Advisory 92-03 (rc), is to remind agencies that Education Code Section 8271 provides against loss off funds for days of operation or child days of attendance for conditions such as the recent earthquake in Southern California. It states:
In the event that operating agencies are unable to operate due to the incomplete renovations authorized by administrating state agencies, or due to circumstances beyond the control of the operating agency, including earthquakes, floods, or fire, such programs shall not be penalized for incurred program expenses nor in subsequent annual budget allocations.
Circumstances beyond the control of operating agencies include, but are not necessarily limited to:
- Impassable roads;
- The imminence of a major health or safety hazard, as determined by the local health department of law enforcement agency;
- A strike involving transportation services to children provided by a non-agency entity;
- Incomplete facility renovations authored by the Department of Education pursuant to Education Code Sections 82771.1 and 8277.2.
Whenever an agency’s days of operation or daily/hourly attendance is reduced for any of the above reasons, that fact should be communicated to the Child Development Division (CDD) in the form of a resolution adopted by the agency’s governing board (or other entity for agencies not having a governing board). The board resolution must clearly and fully describe the nature of the emergency condition as well as its specific effect on program operation. In addition it should include the dates on which program operation was necessarily suspended or substantially reduced because of the emergency condition. The resolution also should include the daily attendance for both certified and non-certified children for the week prior to the date operation was suspended or reduced. Upon receiving the resolution, CDD will process the information to credit your agency with days of operation or days/hours of attendance. Appropriations in subsequent fiscal years will not be affected by the above unless it is jointly agreed upon by both the agency and the Department of Education.
If you have any question, please contact your assigned consultant in the Child Development Division.
Roger A. Cervantes, Ph.D.
Child Development Division
Robert W. Agee
Field Services Branch
THE GUIDANCE IN THIS MANAGEMENT ADVISORY IS NOT BINDING ON LOCAL EDUCATIONAL AGENCIES OR OTHER ENTITIES. EXCEPT FOR THE STATUTES, REGUALTINS, AND COURT DECISIONS THAT ARE REFERENCED THEREIN, THIS MANAGEMENT ADVISORY IS EXEMPLARY, AND COMPLIANCE WITH IT IS NOT MANDATORY. (See Education Code Section 3338.5)