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Management Bulletin 11-29


Early Education and Support Division

Subject: Annual Reporting Requirements For Child Care and Development Programs Providing Services to 11- and 12-Year-Old Children

Number: 11-29

Date: August 2011

Expires: Until Rescinded

Authority: Assembly Bill 114. California Education Code sections 8201, 8208(i), 8263.4.

Attention: Executive Directors and Program Administrators of all Child Care and Development Programs


Purpose

The purpose of this Management Bulletin (MB) is to provide information to child care and development contractors regarding the reporting requirement for 11- and 12-year-old children as a result of the passage of Assembly Bill (AB) 114 effective July 1, 2011. The changes identified in this MB do not affect the California State Preschool Program (CSPP).

Background

Senate Bill (SB) 68 (Chapter 78, Statutes of 2004), which amended Section 8263.4 of the California Education Code (EC), specified that the preferred placement of 11- and 12-year-old children was in a before or after school program. SB 68 also instituted reporting requirements for Early Education and Support Division (EESD) contractors to report 11- and 12-year-old child data to the California Department of Education (CDE). This law does not apply to 11- or 12-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).

SB 70 (Chapter 7, Statutes of 2011) changed the eligibility requirements, effective July 1, 2011, as they pertain to 11- and 12-year-old children by limiting services to those children 10 and under, and directed that 11- and 12-year-old children receive priority for services in a before or after school program. SB 70 permitted access to child care and development services only for 11- and 12-year-olds who have been identified as either (1) having exceptional needs, (2) receiving child protective services, (3) at risk of abuse, neglect or exploitation, (4) homeless, or (5) needing services during non-traditional hours.

Assembly Bill 114, signed by the Governor on June 30, 2011, reinstated the provisions of EC Section 8263.4, reversing the eligibility limitations for 11- and 12-year-olds imposed by SB 70, and reinstated the reporting requirements for EESD contractors.

Program Requirements

Contractors must provide a CD-9608, Notification and Certification for 11- and 12-year-old children (revised August 2007), to parent(s) no less than two months in advance of the child’s eleventh birthday.

Parents must contact 21st Century Community Learning Centers (21st Century) and/or After School Education and Safety (ASES) programs located within the community to determine if the program will meet all or part of the family’s daily child care needs. For information on an available program in your area, please contact the CDE’s Before & After School Program Office at 916-319-0923, or you may contact your regional office.

Completion of the CD 9608, Notification and Certification for 11- and 12-Year-Olds

Parent(s) of 11- and 12-year-old children who remain in a subsidized child care program for all or part of their child care needs, must complete, sign, and return the CD-9608 form (DOC) to the contractor prior to the child's eleventh birthday. The completed CD-9608 must identify the 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.

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 (NOA) terminating services must be issued. The reason for termination will be listed as California Code of Regulations, Title 5 (5 CCR), Education, Section 18119(a)(4): The parent did not provide eligibility or need information after a written request by the contractor. Contractors must follow due process procedures as specified in 5 CCR, Subchapter 3, Article 6, sections 18118 through 18122.

EESD Data Collection Using the CD 9608B Summary

EC Section 8263.4(g) requires the EESD to report annually to the Legislature the dollar amount of funds not spent on 11- and 12-year-old children in EESD-contracted child care because they transferred to a before or after school program for all or part of their child care needs. 

To assist EESD contractors in reporting the information, the EESD has prepared the CD-9608B Summary Report (DOC) and CD-9608Bx Summary Report (XLS) for completion and submittal. The CD-9608B Summary Report collects agency information: the number of 11- and 12-year-old children served or transferred, the reasons for remaining in a EESD-contracted child development program, and the total estimated savings. Please complete and submit the form electronically to Channa Hewawickrama, EESD, at chewawickrama@cde.ca.gov.

The CD-9608B is due to the EESD annually on August 20 and will include information for the preceding fiscal year. 

Instructions For Completing the CD 9608B or CD 9608Bx

Section I: Agency Information

Identify the legal name of the agency, the agency vendor number, agency contact name, and telephone number.

Section II: Number of 11- and 12-Year-Old Children

Identify the total number of 11- and 12-year-old children in all subsidized child care programs administered by the EESD contractor, and the number of children that either:

Section III: Reasons for Remaining in a Subsidized Child Development Program

Identify the number of children by the reasons that 11- and 12-year-old children remained for part or all of the day in EESD-contracted child care.

Section IV: Estimated Cost Savings Calculations

The total estimated savings are the amount of contract funds identified by child development contractors that would have been spent for 11- and 12-year-old children who transferred from EESD-contracted child care, for all or part of the family’s child care needs, to attend a before or after school program. Contractors will need to identify the total number of 11- and 12-year-old children who left their contracted child care programs for all or part of their child care needs.

For each child who transferred from a EESD-contracted child care program to a before or after school program, contractors will need to determine the monthly amount not paid to a provider or the monthly amount not earned through child days of enrollment.

This monthly amount is then multiplied by the number of months remaining in the fiscal year to determine the estimated year-end savings.

Contracts will not be reduced as a result of families moving their 11- or 12-year old children from a EESD-contracted child care program. Contractors are expected to fill vacancies as they occur, and all agencies should fully earn their contracts.

Procedures for Transferring Children to Before or After School Programs

If a family determines that an ASES or a 21st Century program will meet all or part of their daily child care needs, and their child(ren) can be enrolled in one of those programs, they 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 NOA to the family reducing or terminating subsidized child care services based on the parent's request. The NOA should specifically state 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 NOA. The family will use the NOA to enable them to receive priority enrollment for their child(ren) at the pre-selected ASES or 21st Century program.

Return Rights

If a family receiving subsidized child care services chooses to move their child(ren) to an ASES or 21st Century program 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 (DOC), After School Program Enrollment Certification, from the ASES or 21st Century program indicating the dates of enrollment in that program. Priority to transfer back into the CDE/EESD 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. EESD-funded contractors will retain the completed CD-9608A in the family data file to verify why the child received priority enrollment.

Resource and Referral Contractors

Resource and Referral contractors will need to ensure that the ASES and the 21st Century programs are included in their referral database, and refer families with 11- and 12-year-old children to these programs if they meet the criteria for all or part of the child care needs identified by the family.

If you have any questions or need further information regarding this MB, please contact Channa Hewawickrama, Research Program Specialist II, Policy Office, EESD, by phone at 916-323-3034 or by e-mail at chewawickrama@cde.ca.gov.

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.

Questions:   Early Education and Support Division | 916-322-6233
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