Child Development Division
Subject: Update to Changes in Law Affecting Child Care and Development Programs Providing Services to Eleven- and Twelve-Year-Old Children |
Number: 06-03 |
Authority: Senate Bill 68 (Chapter 78, Statutes of 2005) California Education Code Section 8263.4 |
Date: March 2006 Expires: Until Rescinded |
ATTENTION:
EXECUTIVE OFFICERS AND PROGRAM DIRECTORS OF ALL CHILD CARE AND DEVELOPMENT PROGRAMS EXCEPT STATE PRESCHOOL AND STATE PRESCHOOL FULL-DAY PROGRAMS
PURPOSE
The purpose of this Management Bulletin (MB) is to rescind and replace MB 05-10 regarding the new changes in law affecting child care and development programs providing services to eleven-and twelve-year-old children. The main change in this new MB is the deletion of a sentence from page four of MB 05-10, under the section titled Family Selection of Care. The sentence states "Families will not be enrolled in a subsidized child care program for part of the year (vacations, holidays, etc.) and a before or after school program for a different part of the year." Also, references to MB 04-11 that were included in the Purpose section have been deleted. Finally, Web addresses referenced to obtain school district information and/or site locations by county for these two programs that are listed on the top of page three have been modified.
This MB provides information to child care and development contractors regarding programmatic changes affecting eleven- and twelve-year-old children occurring as a result of passage of Senate Bill (SB) 68 (Chapter 78, Statutes of 2005) effective July 19, 2005. The changes identified in this MB do not affect State Preschool or State Preschool Full-Day programs.
BACKGROUND
The budget trailer bill, SB 68 (Chapter 78, Statutes of 2004) amended Section 8263.4 of the California Education Code (EC). The amended section contains the following information:
- The preferred placement for children who are eleven or twelve years of age, who are otherwise eligible for subsidized child care services funded by the California Department of Education (CDE), shall be in a before or after school program.
- Eleven- and twelve-year-old children shall be eligible for subsidized child care services only for the portion of care needed that is not available in a before or after school program.
- Families will be able to combine care provided in a before or after school program with subsidized child care for those hours within a day when the before or after school program does not operate.
- If a before or after school program is not available, families who are eligible for and are currently receiving subsidized child care services shall continue to receive those services.
- A before or after school program shall be considered not available when a parent certifies in writing, on a form developed by the CDE, the reason why the before or after school program will not meet all or part of the daily child care needs of the family. (See attached form.)
- Families that move their eleven- or twelve-year-old child from subsidized child care services to a before or after school program have priority to return to subsidized child care. If the child is disenrolled from the before or after school program or the program no longer meets the child care needs of the family, that child shall receive first priority to return to a subsidized child care program.
- The new law does not apply to eleven- or twelve-year-old children with disabilities, including children with exceptional needs who have an individual education plan as required by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or EC, Part 30 (commencing with Section 56000).
- Contracts will not be reduced as a result of families moving their eleven- or twelve-year-old child from a subsidized child care program for all or part of a day to a before or after school program. Contractors are expected to fill vacancies as they occur, and all agencies should fully earn their contracts.
- Contractors shall annually report to the CDE the amount of dollars that would have been spent on eleven- and twelve-year-olds who left a subsidized child care program for all or part of the day and went to a before or after school program. The CDE shall annually report the total amount of dollars to the Legislature.
DEFINITION OF BEFORE AND AFTER SCHOOL PROGRAMS
Before or after school programs are the After School Education and Safety Program provided pursuant to Article 22.5, commencing with EC Section 8482, and the 21st Century Community Learning Centers provided pursuant to Article 22.6, commencing with EC Section 8484.7.
These two programs are administered and funded by the CDE and are operated by grantees in numerous locations throughout California. School district information and/or site locations by county for these two programs can be found at the following Web sites:
- After School Education and Safety Program:
Funding and Fiscal Management - After School Education & Safety Program (CA Dept of Education)
- 21st Century Community Learning Centers:
Funding and Fiscal Management - 21st Century Community Learning Centers (CA Dept of Education)
PROGRAM REQUIREMENTS
The following sections provide the detailed steps that child development contractors must follow to implement the new changes in the law.
Family Identification and Notification
- All Child Development Division (CDD) direct services contractors must immediately identify children receiving subsidized child care services whose birthdays indicate they are currently eleven or twelve years of age or who will be eleven years of age on or before December 31, 2005.
- As soon as possible, but no later than October 14, 2005, contractors must inform families with children identified above of the change in the law by providing the family with a copy of the attached revised form, CD 9608, Notification and Certification for 11- and 12-Year-Old Children (revised August 2005). This form is available in English and Spanish. A separate form should be given to the family for each child identified above. Contractors should not modify the CD 9608 form; however, they may choose to attach a cover letter providing additional information to families.
- Families with children with disabilities, including children with exceptional needs who have an individualized education program as required by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or EC, Part 30 (commencing with Section 56000), do not need to be given a CD-9608.
- After November 1, 2005, contractors providing subsidized child care services to children who are ten years old must give a CD-9608, Notification and Certification for 11- and 12-Year-Old Children, (revised August 2005), to families no less than two months in advance of the child's eleventh birthday.
Family Selection of Care
The new legislation states that eleven- and twelve-year-old children shall be eligible for subsidized child care services only for the portion of care needed that is not available in a before or after school program. Child development contractors must inform families that they will need to locate and visit the After School Education and Safety Program and/or 21st Century Community Learning Center, if either one of these programs exists in their area, to determine if the program will meet all or part of the family's daily child care needs. Contractors can download a list of the programs and sites available throughout the state from the Web sites listed on the third page of this MB. The site information should be made available to families with children enrolled in subsidized child care programs.
Families must determine if a before or after school program is available and can provide the type of care that their child(ren) require for all or part of the day. A family may continue to be enrolled in a subsidized child care program for part of a day and a before or after school program for a different part of the day. Families should be informed that the before or after school programs typically do not operate during school holidays, and, if a summer program is available, it may operate for only three hours a day.
Families should also be informed that if they choose to transfer their child(ren) to a before or after school program, they will have priority return rights to a subsidized child care program if they are disenrolled from the before or after school program or if that program no longer meets their needs. However, due to funding issues, a family may not be able to receive subsidized child care services immediately.
Completion of the CD 9608, Notification and Certification for 11- and 12-Year-Old Children, Revised March 2006
Pursuant to EC Section 8263.4(d), families currently receiving subsidized child care services for eleven- and twelve-year-old children or for children whose eleventh birthday is on or before December 31, 2005, who remain in a subsidized child care program for all or part of their child care needs, must complete and sign a CD 9608. For children whose eleventh birthday is after December 31, 2005, and who remain in a subsidized child care program for all or part of their child care needs, the parent must complete, sign, and return the CD 9608 to the contractor prior to the child's eleventh birthday. The completed CD 9608 must identify the specific reason why a before or after school program will not meet all or part of the child care needs of the family. The completed CD 9608 will become part of the family data file. A CD 9608 will not be completed by the family for an eleven- or twelve-year-old child if the child leaves the subsidized child care program completely.
If a completed and signed CD 9608 is not returned by the family to the contractor as specified in the preceding paragraph, a Notice of Action terminating services must be issued. The reason for termination will be listed as “California Code of Regulations (CCR), Title 5, Education, Section 18119(a)(4) - The parent did not provide eligibility information after a written request by the contractor.” Contractors must follow due process procedures as specified in CCR,Title 5, Subchapter 3, Article 6, sections 18118 through 18122.
CD 9608 Summary and Reporting to CDE
Contractors are required to provide information to the CDD regarding eleven- and twelve-year-old children receiving subsidized child care services, as well as a summarization of all the completed CD 9608 forms received from parents. This information will be reported to the CDD on an annual basis. The first report will be due August 20, 2006, and will include information through June 30, 2006. Subsequent reports will be due annually on August 20 and will include information for the preceding fiscal year.
The report must include:
- Agency name and name and telephone number of the person preparing the report
- Total number of eleven- and twelve-year-old children in all subsidized child care programs operated by the contractor during the reporting period
- Total number of eleven- and twelve-year-old children that remain in a subsidized child care program for all their child care needs
- Total number of eleven- and twelve-year-old children that remain in a subsidized child care program for part of their child care needs and receive part of their child care needs in a before or after school program
- Total number of eleven- and twelve-year-old children that left subsidized child care completely and went to a before or after school program
- For each of the specific reasons listed on the CD 9608, the total number of times a reason was checked that a before or after school program would not meet all of the child care needs for the child
- For each of the specific reasons listed on the CD 9608, the total number of times a reason was checked that a before or after school program would not meet part of the child care needs for the child
- For the other reasons that are on the form, a summary of those different reasons and the number of children whose family identified each of those other reasons for all of their child care needs
- For the other reasons that are written in on the form, a summary of those different reasons and the number of children whose family identified each of those other reasons for part of their child care needs
The completed report should be mailed to:
PPLD - Data for Eleven- and Twelve-Year-Old Children
Child Development Division
California Department of Education
1430 N Street, Suite 3410
Sacramento, CA 95814-5901
Procedures for Transferring Children to Before or After School Programs
If a family determines that an After School Education and Safety Program or a 21st Century Community Learning Center will meet all or part of its daily child care needs and that its child(ren) can be enrolled in one of those programs, it will need to request a reduction or termination of subsidized child care services for all or part of the day.
As part of this process, child development contractors will need to issue a Notice of Action to the family reducing or terminating subsidized child care services based on the parent's request. The Notice of Action should specifically state that the parent is transferring the child(ren) to a before or after school program for all or part of the day. The contractor and the family will mutually determine the effective date of the Notice of Action. The family will use the Notice of Action to enable it to receive priority enrollment for its child(ren) at the pre-selected After School Education and Safety Program or 21st Century Community Learning Center.
Data Reporting Requirements for Funds Not Spent on Eleven- and Twelve-Year-Old Children
EC Section 8263.4(g) requires child development contractors to annually report to the CDD the amount of money that would have been spent on eleven- or twelve-year-old children who left subsidized child care for all or part of the day to go to a before or after school program. The CDD must annually report the statewide dollar amount to the Legislature. The first reporting period will end June 30, 2006, and the report will be due August 20, 2006. These reports will be due annually on August 20 thereafter.
Contract maximum reimbursable amounts will not be reduced as a result of the dollar amounts reported by contractors. Contractors are expected to fill vacancies resulting from eleven- and twelve-year-old children leaving the subsidized child care program, and all agencies should fully earn their contracts.
To estimate dollar amounts that would have been spent, contractors will need to identify the total monthly payment made to the provider or total adjusted child days of enrollment for each of the children who leave subsidized child care programs for all or part of their child care needs and switch to a before or after school program. Based on the termination or reduction of child care services for each eleven- and twelve-year-old child, contractors will need to estimate the monthly amount that will not be paid to a provider or the estimated monthly amount that will not be earned through child days of enrollment as though the vacancy is not going to be filled. The amount that would have been paid based on the full month after the date the child left subsidized child care for all or part of the day will be multiplied by the months remaining in the fiscal year to determine estimated fiscal year savings for that child.
Contractors must summarize this estimated dollar amount for all transferred families and report the amount to the CDD as specified above. This annual report should be mailed to:
PPLD - Estimated Savings for Eleven- and Twelve-Year-Old Children
Child Development Division
California Department of Education
1430 N Street, Suite 3410
Sacramento, CA 95814-5901
Return Rights
If a family receiving subsidized child care services chooses to move its child(ren) to an After School Education and Safety Program or 21st Century Community Learning Center for all or part of the day, and subsequently determines that the new program cannot meet the family's daily needs, the family will receive priority to transfer back into a subsidized child care program as space and funding permits. In these situations, the family will receive a CD-9608A, After School Program Enrollment Certification, from the After School Education and Safety Program or 21st Century Community Learning Center indicating the dates of enrollment in that program. Priority to transfer back into the CDE/CDD subsidized child care program will not occur if the family does not contact a subsidized child care program within 30 days of leaving the before or after school program.
CDD-funded contractors will retain the completed CD 9608A in the family data file to verify why the child received priority enrollment.
Families on the Eligibility/Waiting List and New Families
Families with eleven- and twelve-year-old children currently on a county's centralized eligibility list and families who ask to be added to the centralized eligibility list in the future should be informed of the change in the law and the availability of the before and after school programs.
Children with Exceptional Needs
These new changes to the EC apply only to eleven- and twelve-year-old children who do not have a disability or exceptional needs. However, there is nothing prohibiting the family of an eleven- or twelve-year-old child with a disability or exceptional needs from transferring its child for all or part of the day to an After School Education and Safety Program or 21st Century Community Learning Center. If the family of an eleven- or twelve-year-old child with a disability or exceptional needs chooses to transfer its child(ren) for all or part of the day to a before or after school program, the CDD contractor should follow the procedures listed on pages two through six of this MB.
Child Development Services for Thirteen-Year-Old Children
As a reminder, MB 03-12, issued August 2003, provided information from the Budget Act of 2003, Item 6110-196-001, Provision 17(a) and (b), that eliminated services to thirteen-year-old children except for children with exceptional needs. AB 2525, Chapter 896, which was signed by the Governor on September 29, 2004, later codified this provision in the 2003/2004 legislative session. This bill amended EC Section 8201(a) by reducing the age of eligibility through age twelve.
Resource and Referral Contractors
Resource and Referral contractors will need to ensure that the After School Education and Safety Program and the 21st Century Community Learning Centers are included in their referral database, and refer families with eleven- and twelve-year-old children to these programs if they meet the criteria for all or part of the child care needs identified by the family.
Questions regarding the information in this MB should be addressed to the assigned CDD Field Services Consultant.
Management Bulletin 06-03 is mandatory only to the extent that it cites specific statutory and/or regulatory requirements. Any portion of this Bulletin that is not supported by specific statutory and/or regulatory requirements is not prescriptive pursuant to EC Section 33308.5.
Notification and Certification for 11-and 12-Year Old Children, Form CD 9608 (DOC)
Available Translations of the Notification and Certification for 11- and 12-Year-Old Children
After School Program Enrollment Certification, CD-9608A (DOC)
