NOTICE OF PROPOSED RULEMAKING
AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, REGARDING TRUSTLINE REGISTRATION TO BE AN ELIGIBLE PROVIDER
[Notice published May 9, 2008]
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 9:00 a.m. on June 27, 2008, at 1430 N Street, Room 1801, Sacramento, California. 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 June 27, 2008.
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: Section 8261, 8263, and 8269, Education Code.
References: Sections 8208.1, 8212, 8220, 8350.5, 8351, 8352, 8353, 8354, 8356, and 8358.5, Education Code; Sections 1596.70, 1596.607, 1596.605(a), 1596.608, 1596.67, 1596.792, 1596.796, and 1596.877, Health and Safety Code.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
California Health and Safety Code sections 1596.60 – 1596.68 requires that child care providers who are exempt from licensure and not the child’s grandparent, aunt, or uncle to be TrustLine registered to be eligible to receive a child care subsidy payment. Existing CalWORKs Stages 2 and 3 regulations require this type of provider to apply for TrustLine registry or be TrustLine registered.
These regulations will address one issue: TrustLine registration for applicable license-exempt providers of subsidized child care and development services.
The proposed regulations add two new sections (18224.6 and 18227) to the Alternative Payment program regulations (Division 1, Chapter 19, Subchapter 10) to clearly identify who qualifies as an eligible provider and what happens when a license-exempt provider becomes ineligible to provide child care and development services. The majority of section 18227 comes from the existing section 18074.2(a). The content of that section is modified to reflect the requirement for the license-exempt provider, who is not the child’s grandparent, aunt, or uncle, to be TrustLine registered to be considered an eligible provider for rendering subsidized child care and development services. TrustLine registration is a process by which persons, exempt from licensure, submit an application and their fingerprints. The fingerprints are checked by the Department of Justice (DOJ) against state and federal criminal records and child abuse records. Persons with a criminal or child abuse record are further screened by the California Department of Social Services (CDSS) Community Care Licensing Division. A person is entered into the TrustLine registry once they have been cleared by DOJ and CDSS. An accommodation is made to allow those providers currently receiving payment to continue to do so, while requiring that those who have not submitted both a completed TrustLine application and fingerprints to wait until they are TrustLine registered.
Similar modifications are made to the sections identifying eligible providers for CalWORKs Child Care (Division 1, Chapter 19.5, Subchapters 2 and 3) Stage 2, section 18411, and Stage 3, section 18428, and to sections 18409 and 18424 identifying the information needed when transferring a family from one CalWORKs child care agency to another.
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 business practices.
CONSIDERATION OF ALTERNATIVES
The SSPI must determine that no reasonable alternative he 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:
Cecelia Fisher-Dahms, Consultant
Child Development Division
California Department of Education
1430 N Street, Room 3410
Sacramento, CA 95814
Telephone: 916-322-4883
E-mail: cfisherd@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 Cecelia Fisher-Dahms, Child Development Division, 1430 N Street, 3rd Floor, Sacramento, CA, 95814; telephone, 916-322-4883; fax, 916-323-6853. It is recommended that assistance be requested at least two weeks prior to the hearing.
1430 N Street
Sacramento, CA 95814