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Management Bulletin 17-13


Early Education and Support Division

Subject: Digital Applications

Number: 17-13

Date: October 2017

Expires: Until Rescinded

Authority: California Education Code sections 8227.3, 8227.5, 8227.6, 8262.1, 8262.2, and 8263 and California Code of Regulations, Title 5 (5 CCR) sections 18070, 18083, and 18100

Attention: Executive Officers and Program Directors of All Child Care and Development Programs


Purpose

The purpose of this Management Bulletin (MB) is to inform contractors that they may use digital applications to allow families to apply for child care and development services.

Background

Assembly Bill (AB) 274, Chapter 733, Statutes of 2013, added California Education Code (EC) sections 8227.3 and 8262.1 to authorize Early Education and Support Division (EESD) contractors to electronically maintain records that were originally created in an electronic format. See the California Department of Education (CDE) MB 13-10 Web page at https://www.cde.ca.gov/sp/cd/ci/mb1310.asp.

On October 4, 2015, AB 271 was signed by the Governor and amended EC sections 8227.3 and 8262.1 to allow records not originally created in electronic format to be maintained in electronic format. It also added EC Section 8227.5 to allow Alternative Payment Program contractors to use digital signatures and provided that the use of a digital signature has the same force and effect as a manual signature. See the CDE MB 16-01 Web page at https://www.cde.ca.gov/sp/cd/ci/mb1601.asp.

On August 19, 2016, AB 2296 was signed by the Governor and clarified that a digital signature may be used to satisfy the requirements of an electronic signature for purposes of the Uniform Electronic Transactions Act (UETA). See the CDE MB 17-03 Web page at https://www.cde.ca.gov/sp/cd/ci/mb1703.asp.

On September 13, 2016, the Governor signed AB 1712, amending EC Section 8262.1 to allow center-based contractors to also use digital signatures and to provide that the use of a digital signature has the same force and effect as a manual signature. See the CDE MB 17-04 at https://www.cde.ca.gov/sp/cd/ci/mb1704.asp.

On June 27, 2017, AB 99, Chapter 15, Statutes of 2017, enacted with this year’s budget, added EC sections 8227.6 and 8262.2, providing that both alternative payment program contractors and center-based contractors may use digital forms to allow families to apply for services. This legislation was one of the recommendations that came out of the AB 104 workgroup.

Policy

All EESD contractors may use digital applications to allow families to apply for child care and development services pursuant to EC sections 8227.6 and 8262.2 if those forms comply with state and federal standards.

Contractors who permit families to use digital signatures on the digital applications must meet statutory requirements pursuant to EC sections 8227.5 and 8262.1 and as described in MB 17-04.

Contractors are required to collect all elements found on the CD-9600 Confidential Application for Child Development Services and Certification of Eligibility form per EC Section 8263 and California Code of Regulations, Title 5 (5 CCR) sections 18083 and 18100, which specify all required information needed to fulfill mandatory data reporting requirements.

Directive

Effective July 1, 2017, contractors may use digital applications to allow families to apply for child care and development services. Digital applications must conform to the content requirements described in 5 CCR sections 18083 and 18100. Additionally, contractors are encouraged to replicate the Form CD-9600, available on the CDE Web page, to collect required information on the application as well as to collect additional data reporting requirements.

Contractors may incorporate digital signatures with the digital application. If a contractor chooses to incorporate digital signatures with the digital application, they must ensure that the digital signature meets all legal requirements. For more information on those requirements, please refer to MB 17-04.

Moreover, any digital application must comply with state and federal standards related to the creation and maintenance of electronic records in accordance with EC sections 8227.3 and 8262.1.

Notes:This bill does not require a contractor or alternative payment provider to create records electronically or to use a digital application. All agencies must provide access to documentation required pursuant to 5 CCR for audit, contract, and fiscal review purposes.

If you have questions regarding the information in this MB, please send an e-mail to digsig-estorage@cde.ca.gov or contact your assigned regional Field Services Consultant on the CDE Consultants Regional Assignments Web page at https://www.cde.ca.gov/sp/cd/ci/assignments or by phone at 916-322-6233.

This Management Bulletin is mandatory only to the extent that it cites a specific statutory or regulatory requirement. Pursuant to the California Education Code Section 33308.5, any portion of this Management Bulletin that is not supported by a specific statutory or regulatory requirement is not prescriptive.

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Questions:   Early Education and Support Division | 916-322-6233
Last Reviewed: Wednesday, October 11, 2017
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