Early Education and Support Division
Subject: Emergency Regulations for State Preschool Programs – Exceptions to Calculation of Adjusted Monthly Income (as defined in Section 18078) for Military Personnel
Number: 07-17
Date: November 2007
Expires: Until Rescinded
Authority: California Code of Regulations, Title 5, sections 18078 and 18134, and California Education Code sections 8235 and 8236
Attention: Executive Directors and Program Directors of State Preschool (CPRE) and State Preschool Full-Day (CFDP) Programs
Purpose
This Management Bulletin informs existing California Department of Education (CDE), Early Education and Support Division (EESD) State Preschool and State Preschool full-day contractors of the additions made to the California Code of Regulations, Title 5, Education, (5 CCR), Section 18134, through the emergency regulations process. The emergency regulations were approved by the Office of Administrative Law, filed with the Secretary of State, and became effective November 5, 2007.
Regulatory Requirement
Section 18134, Exceptions to Calculation of Adjusted Monthly Income (as defined in section 18078) for Military Personnel has been added to Subchapter 4. State Preschool, Article 2, Enrollment Priorities. The new section states:
Program vacancies shall be filled first by children pursuant to all statutorily mandated priorities. For programs located on or in close proximity to a military base, for purposes of determining eligibility and income ranking for families when an individual counted in the family size is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military, and the families reside on a military base or in military housing, the contractor may, with prior written approval from the Early Education and Support Division, exclude the amount of the basic allowance for housing provided to the individual pursuant to 37 USC 403.
In order to implement these regulations, State Preschool contractors operating programs on or in close proximity to a military base that have vacancies after enrolling all eligible children, must submit a written request to their assigned field services consultant to obtain prior written approval to exclude the basic housing allowance for military personnel. The written request must include:
- The contractors name.
- The name and address of the facility where the State Preschool or State Preschool full-day services are provided.
- A description of the location of the facility in relation to the nearest military base (number of miles between the two).
- A statement certifying that based on review of the Centralized Eligibility List there are no eligible families interested in enrolling their child in the contractor’s program.
- The approximate number of program vacancies that need to be filled.
If the assigned field services consultant is unavailable, the request can be submitted to the appropriate field services administrator.
For clarification, this regulation only applies to State Preschool and State Preschool full-day programs that continue to have vacancies after all eligible children have been enrolled. After the EESD grants the request and issues a written approval, the exclusion of the basic housing allowance can only be made for families who wish to enroll their child in a State Preschool or State Preschool full-day program. In addition, the families must reside on a military base or in military housing.
If you have any questions, please contact your assigned Field Services Consultant at http://www.cde.ca.gov/sp/cd/ci/assignments.asp or the appropriate field services administrator for additional information.
This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to Education Code 33308.5.