Management Bulletin 17-12
Early Learning and Care Division
Subject: Enrolling Children with Exceptional Needs into Part-day California State Preschool Programs
Date: September 2017
Expires: Until Rescinded
Authority: California Education Code (EC) sections 8208, 8235, 8236, 8261, and 8263; Title 5, California Code of Regulations (5 CCR) 18083
Attention: Executive Officers and Program Directors of California State Preschool Programs
This Management Bulletin (MB) provides guidance to contractors with regard to enrolling age-eligible children with exceptional needs into part-day California State Preschool Programs (CSPPs). Children with exceptional needs whose families are over the income eligibility threshold may be enrolled after all otherwise eligible children have been enrolled.
Note: This MB does not apply to full-day CSPPs.
Statutory and Regulatory Requirements
In accordance with EC Section 8235(e), part-day CSPPs continue to operate at least three hours, and no more than three hours and fifty-nine minutes each day, for at least 175 days per year, unless the contract allows for fewer days.
CSPP age-eligible children, as defined in EC Section 8208(ai) and (aj), are children who are three- or four-years-old on or before September 1 of the fiscal year in which they are served.
As defined in EC Section 8208(l), children with exceptional needs are children who have an individualized family service plan (IFSP) or an individualized education program (IEP), receive early intervention and related services or appropriate special education, and require the special attention of adults in a child care setting.
Contractors must determine eligibility for enrollment as described in EC Section 8235(b). Additionally, contractors must enroll age-eligible children in admission priority order as specified in EC sections 8236 and 8263(b):
- First priority: three- or four-year-olds who are recipients of child protective services (CPS), or who are identified as at-risk of abuse, neglect, or exploitation.
- Second priority: eligible four-year-old children who are not enrolled in transitional kindergarten in income ranking order.
- Third priority: All CSPP eligible three-year old children in income ranking order.
Pursuant to EC Section 8235(c), a part-day CSPP may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold after all eligible three- and four-year-old children have been enrolled. Up to 10 percent of enrolled children, as calculated throughout the agency’s contract, may be over the income eligibility threshold pursuant to this provision.
The Budget Act of 2017 (Assembly Bill 99, Chapter 17, Statutes of 2017) amended EC Section 8235(d) to allow part-day CSPPs to enroll CSPP age-eligible children with exceptional needs, regardless of family income, after all otherwise eligible children have been enrolled.
Effective July 1, 2017, contractors may enroll age-eligible children with exceptional needs whose family’s income is above the income eligibility threshold after all otherwise eligible children, as listed below, have been enrolled:
- Age-eligible children who are recipients of CPS, or who are identified as at-risk of abuse, neglect, or exploitation
- Four-year-old children who are not enrolled in transitional kindergarten and whose families meet the eligibility criteria in accordance with EC Section 8263(a)(1)
- Three-year old children whose families meet the eligibility criteria in accordance with EC 8263(a)(1)
- Children in families whose income is no more than 15 percent above the income eligibility threshold. Up to 10-percent of enrolled children may be over the income eligibility threshold pursuant to this provision.
For eligibility purposes, when enrolling children with exceptional needs whose family’s income exceeds the income threshold, contractors will consider these families income-eligible. Additionally, the application for services must include information to identify children with exceptional needs as required in 5 CCR Section 18083.
If you would like to contact a specific Special Education Local Plan Area (SELPA), a listing is on the CDE Web page at http://www.cde.ca.gov/sp/se/as/caselpas.asp. To obtain more information about Special Education services and supports, contact the CDE, Special Education Division, Procedural Safeguards Referral Service, by phone at 800-926-0648.
Questions regarding the information in this MB should be addressed to your Early Learning and Care Field Services Consultant located on the CDE Web page 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 EC Section 33308.5.