Child Development Division
| Subject: Notice and Appeal Process after July 1, 2011 | Number: 11-17 |
| Authority: California Education Code sections 8261 and 8263; California Code of Regulations, Title 5, sections 18094, 18095, 18114, 18118–18122, 18418, 18419, 18433, and 18434 | Date: May 23, 2011 Expires: Until Rescinded |
Attention: All Executive Officers and Program Directors of All Child Care and Development Programs
Purpose
The purpose of this Management Bulletin (MB) is to remind contractors that, as of July 1, 2011, they will resume their normal and customary process for issuing Notice of Actions (NOA) and the appeal process for families pursuant to California Code of Regulations, Title 5 (5CCR), sections 18094, 18095, 18114, 18118–18122, 18418, 18419, 18433, and 18434.
Background
Senate Bill (SB) 70 (Chapter 7, Statutes of 2011) amended several sections of the California Education Code related to child care and development services. SB 70 required the California Department of Education (CDE) to give directions to contractors to ensure the new provisions would be implemented effective July 1, 2011.
For purposes of implementing changes effective July 1, 2011, Section 48 of SB 70 exempted the CDE from the appeal and resolution procedures and due process provisions afforded to families who were denied services, as described in 5CCR, Chapter 19.
Policy
For actions taken by contractors prior to June 30, 2011, resulting from SB 70 changes, contractors were instructed to use the NOA and appeal process described in MB 11-08, MB 11-09, MB 11-11 and MB 11-13.
As of July 1, 2011, all of the changes required by SB 70 will have been implemented. Thus, for any actions effective July 1, 2011, and thereafter, contractors should follow the regular NOA and appeal process set forth in 5CCR, Chapter 19.
Directive
Effective July 1, 2011, contractors must utilize the regular NOA and appeal process described in 5CCR, Chapters 19 and 19.5.
Questions regarding the information in this MB should be addressed to your assigned Child Development Division Field Services Consultant or by phone at 916-322-6233.
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 California Education Code Section 33308.5.
