Early Education and Support Division
Subject: Impact of the amendment to Education Code Section 48000(c) on four-year-olds served by Child Development Programs
Number: 15-08
Date: September 2015
Expires: Until Rescinded
Authority: The 2015 Educational Omnibus Trailer Bill (Assembly Bill 104)
Attention: Executive Officers and Program Directors of Child Development Programs
Purpose
This Management Bulletin (MB) provides guidance to child development contractors about what services can be provided to four-year-olds, in light of changes to the transitional kindergarten (TK) eligibility laws.
This MB supersedes MB 14-02.Authority
Assembly Bill (AB) 104 amended Education Code (EC) Section 48000(c). The amendment changed the age at which a child may be admitted to a TK program. The amendment added additional eligibility criteria whereby public school districts and charter schools may admit TK students who will turn five-years-old after December 2, but before the end of the school year (June 30) if they meet specific conditions.
Background
MB 14-02 established guidelines applicable for the enrollment and reporting of California State Preschool Program (CSPP)-eligible children due to changes to the statutory definitions for three and four-year-old children, and updated guidelines on the over-income allowances for CSPP contractors. MB 14-02 also set forth the enrollment and reporting guidelines for children who were age eligible for both TK and CSPP services.
The EC requires public school districts or charter schools to provide the TK program to a child who will have his/her fifth birthday between September 2, and December 2, (inclusive). AB 104 amended the EC to add subsection (c)(3)(B) to Section 48000 to allow a public school district or charter school the flexibility to admit a child into a TK program, under certain circumstances, if the child will have his/her fifth birthday after December 2, but before the end of the school year (June 30). For additional information regarding the amendments to EC 48000(c) please review this letter from the State Superintendent of Public Instruction to County and District Superintendents and Charter School Administrators:Policy and Directive
The laws regarding CSPP age eligibility have not changed; only the laws which spell out which children may be eligible to attend a TK program have changed. This change now allows all four-year-old children who attend a TK program to be served in a center-based setting funded by a general child care and development programs (CCTR) contract.
Consistent with the amendments to EC Section 48000(c), contractors must take steps to ensure that children who attend a TK program are permitted to receive all other services they are entitled to receive.
The definitions for each age group and requirements for when children may be served are as follows:
- Three-year-old children
CSPP eligible three year old children are children who will have their third birthday on or before September 1, of the fiscal year they are being served. Exceptions are as follows:
- CSPP eligible three-year-olds can remain in the CCTR until the day before their third birthday when it is developmentally appropriate for the children to be served in a toddler setting. These children are eligible for reimbursement using the toddler adjustment factor as long as they are being served in a classroom staffed pursuant to the California Code of Regulations, Title 5, Section 18290(b). These children would be claimed and reported under the CCTR program until the day before their third birthday.
- CSPP eligible three-year-olds can remain in the CCTR until the day before their third birthday when it is developmentally appropriate for the children to be served in a toddler setting. These children are eligible for reimbursement using the toddler adjustment factor as long as they are being served in a classroom staffed pursuant to the California Code of Regulations, Title 5, Section 18290(b). These children would be claimed and reported under the CCTR program until the day before their third birthday.
- Four-year-old children
CSPP eligible four-year-olds are children whose fourth birthday is on or before September 1, of the fiscal year they are being served.
- Effective July 1, 2015, CSPP eligible four-year-olds who turn five by June 30, of the fiscal year they are being served may also be eligible for TK as follows:
- Families of children who meet the definition of CSPP eligible four-year-olds and are eligible for both CSPP and TK may choose the most appropriate program for their children. A family may enroll their children in both programs; however, children shall not be enrolled in both CSPP and TK programs for the same time period on the same day.
- A child who is enrolled in TK, and whose family needs before or after school services, can be enrolled in a child development program, for example, CCTR or California Alternative Payment programs (CAPP). Before or after school services cannot be provided under the terms of a CSPP contract. Additional information regarding TK eligibility criteria is available at: http://www.cde.ca.gov/ci/gs/em/kinderfaq.asp#funding.
- Effective July 1, 2015, CSPP eligible four-year-olds who turn five by June 30, of the fiscal year they are being served may also be eligible for TK as follows:
- Five-year-old children
CSPP eligible five-year-olds are children who will have their fifth birthday on or before September 1, of the fiscal year they receive services, and who were receiving full-day services as CSPP eligible four-year-olds on or before June 30, may remain in a CSPP program until they start kindergarten, but no later than September 30.
CSPP contractors, providing part-day services in accordance with EC Section 8235(d), can certify and enroll children up to 120 days prior to the first day of the preschool year. Children who are defined as “three-year-old” children as above, cannot begin receiving services until July 1.
For families receiving only part-day CSPP services, contractors can enroll, serve, and claim families whose income is no more than 15 percent above the income eligibility threshold. However, only up to 10 percent of the total number of children served can be from these families. This limitation does not apply to families whose eligibility is based on Temporary Assistance for Needy Families cash assistance, homelessness, or whose child is receiving services because the child is receiving Child Protective Services or is at-risk of abuse, neglect, or exploitation.
If you have questions regarding the information in this management bulletin, please contact your Early Education and Support Field Services Consultant at http://www.cde.ca.gov/sp/cd/ci/assignments.asp 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.