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ELCD Title 5 Revisions Project

Information and resources on the Early Learning and Care Division (ELCD) process to revise the California Code of Regulations, Title 5, Chapters 19 and 19.5.


The California Department of Education (CDE) Early Learning and Care Division (ELCD) intends to amend its sections of the California Code of Regulations, Title 5 (5 CCR) through a series of rulemaking packages. Many of the provisions of these regulations need to be updated and aligned with California laws recently enacted, as well as with the federal Child Care and Development Fund (CCDF) Program Final Rule External link opens in new window or tab. (PDF; 3MB), where possible.

As a first step in the rulemaking process, the ELCD accepted preliminary input from staff, partners, and stakeholders on the 5 CCR Regulations between November 21, 2016 and January 9, 2017. The information gathered from this process will be used to effectively and efficiently draft regulations that best support the goals of early education. Because the Office of Administrative Law's (OAL) public comment period has begun, the ELCD is no longer accepting preliminary input on the 5 CCR proposed regulations.

If you would like to provide public comment on any of the proposed regulation packages listed in Step 7, please visit the Proposed Rulemaking & Regulations Web page.


Step Status

1. Provide an update to the State Superintendent of Public Instruction’s Early Learning and Educational Support Stakeholder Group on the ELCD's 5 CCR Revisions Project.

Completed on October 26, 2016

2. Inform the California State Advisory Council on Early Learning and Care of the ELCD’s intent to proceed with updating Title 5 CCR through solicitation of input and the initiation of the rulemaking update and review process.

Completed on October 26, 2016

3. Announce to child care and development contractors, stakeholders, and appropriate state agencies the intent to initiate the rulemaking process to update 5 CCR and solicit suggestions of sections that need attention.

Completed on November 21, 2016 via e-mail listserv

4. Establish a team of ELCD staff to work on this assignment and develop a plan of action with timelines.

Completed on January 6, 2017

5. Based on input received and staff review, determine the categories of sections/subchapters to update and prioritize these categories into a chronological sequence of development.

Completed April 2017

6. Begin drafting regulations and accompanying documents required for the rulemaking process as required by the Administrative Procedures Act (APA) (Government Code, Section 11340 et seq.).

Ongoing, beginning April 2017

7. Initiate the rulemaking process as required by the APA through the submission of a Notice of Rulemaking, Proposed Regulations and Initial Statement of Reasons to the OAL. Those persons that have registered with the ELCD’s listserv will automatically be notified when the rulemaking process is initiated.

(Note: The length of time it takes to complete the rulemaking process is not determinable as it can depend on various factors such as whether substantive changes to the proposed regulations will be made as a result of public comments received. However, the ELCD must submit its final rulemaking package to OAL within a year after OAL publishes the Notice of Rulemaking. For further information on the rulemaking process, visit the OAL Rulemaking Process page External link opens in new window or tab.).

Ongoing, beginning April 2017

Questions:   Early Learning and Care Division | | 916-322-6233
Last Reviewed: Monday, December 30, 2019
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