[Notice published November 2, 2007]

NOTICE IS HEREBY GIVEN that the State Superintendent of Public Instruction (SSPI) proposes to adopt the regulations described below after considering all comments, objections, or recommendations regarding the proposed action.

PUBLIC HEARING

California Department of Education (CDE) staff, on behalf of the SSPI, will hold a public hearing beginning at 11:15 a.m. on December 20, 2007, at 1430 N Street, Room 1801, Sacramento. The room is wheelchair accessible. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The SSPI requests, but does not require, that persons who make oral comments at the public hearing also submit a written summary of their statements. No oral statements will be accepted subsequent to this public hearing.

WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to:

Debra Strain, Regulations Coordinator
LEGAL DIVISION
California Department of Education
1430 N Street, Room 5319
Sacramento, CA 95814

Comments may also be submitted by facsimile (FAX) at 916-319-0155 or by e-mail to regcomments@cde.ca.gov. Comments must be received by the Regulations Coordinator prior to 5:00 p.m. on December 20, 2007.

AVAILABILITY OF CHANGED OR MODIFIED TEXT

Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified regulation will be available for 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations.

AUTHORITY AND REFERENCE

Authority: Sections 8261, 8261.5, 8263, 8264.5, 8265, 8269, 54743, 54745, 54746, 54747, 54748, and 54749, Education Code; Section 1596.792, Health and Safety Code.

Reference: Sections 8206, 8208, 8261, 8261.5, 8263, 8264.5, 8271, 8275, 8360, 54742, 54743, 54745, 54746, 54747, 54749, and 56026, Education Code; Sections 1596.81, 1596.87, 1597.05, and 1597.059, Health and Safety Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

The SSPI proposes to adopt sections 18350 through 18364 in California Code of Regulations, title 5. These sections concern the child care and development component of the California School Age Families Education (Cal-SAFE) program.

The purpose of the regulations is to clarify and define the requirements for local educational agencies to implement the child care and development component.

Education Code section 54746(c)(6) requires the child care and development component to operate pursuant to applicable sections of the Child Care and Development Services Act, Chapter 2 of Part 6 of the Education Code beginning with section 8200. These regulations will define the applicable sections by clarifying requirements to implement a child care and development component that are consistent with similar programs operated by contract and identifying the exceptions to the regulations that govern other CDE child care and development programs.

INCORPORATION BY REFERENCE

This regulation incorporates by reference the CalWORKs and Alternative Payment Child Care Programs Error Rate Study Report (April 2005). This document is available for viewing from the Regulations Coordinator at the above address.

DISCLOSURES REGARDING THE PROPOSED ACTION

The SSPI has made the following initial determinations:

Mandate on local agencies and school districts: None

Cost or savings to any state agency: None

Costs to any local agencies or school districts for which reimbursement would be required pursuant to Part 7 (commencing with section 17500) of division 4 of the Government Code: None

Other non-discretionary costs or savings imposed on local educational agencies: None

Costs or savings in federal funding to the state: None

Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None

Cost impacts on a representative private person or businesses: The SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Adoption of these regulations will not 1) create or eliminate jobs within California; 2) create new businesses or eliminate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California.

Effect on housing costs: None

Effect on small businesses: The proposed amendments to the regulations do not affect small businesses because the regulations apply only to school districts and not to small business practices.

CONSIDERATION OF ALTERNATIVES

The SSPI must determine that no reasonable alternative it considered or that has otherwise been identified and brought to his attention, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action.

The SSPI invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS

Inquiries concerning the content of this regulation should be directed to:

Juanita Weber, Consultant
Development Learning Support and Partnerships Division
California Department of Education
1430 N Street, Room 6408
Sacramento, CA 95814
Telephone: 916-319-0545
E-mail: jweber@cde.ca.gov

Inquiries concerning the regulatory process may be directed to the Regulations Coordinator or Connie Diaz, Regulations Analyst, at 916-319-0860.

INITIAL STATEMENT OF REASONS AND INFORMATION

The SSPI has prepared an Initial Statement of Reasons for the proposed regulation and has available all the information upon which the proposal is based.

TEXT OF PROPOSED REGULATION AND CORRESPONDING DOCUMENTS

Copies of the exact language of the proposed regulation, the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Regulations Coordinator. These documents may also be viewed and downloaded from the CDE’s Web site at http://www.cde.ca.gov/re/lr/rr.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE

All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

You may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a written request to the Regulations Coordinator.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regulations, may request assistance by contacting Juanita Weber, Learning Support and Partnerships Division, 1430 N Street, 6th Floor, Sacramento, CA, 95814; telephone, 916-319-0545; fax, 916-445-7367. It is recommended that assistance be requested at least two weeks prior to the hearing.

California Department of Education
1430 N Street
Sacramento, CA 95814

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