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Management Bulletin 18-06


Early Learning and Care Division

Subject: California State Preschool Programs (CSPP): Expulsion or disenrollment due to behavior

Number: 18-06

Date: August 2018

Expires: Until Rescinded

Authority: Health and Safety Code (HSC) Section 1596.893c, California Education Code (EC) Section 8239.1, California Code of Regulations, Title 5 (5 CCR) sections 18119-18122 and Title 22 CCR Section 101223.

Attention: Executive Directors and Program Directors of California State Preschool Programs


Purpose

The purpose of this management bulletin (MB) is to notify contractors regarding new requirements related to the steps which must be taken to avoid expulsion or disenrollment of children in the California State Preschool Programs (CSPPs) because of behavior.

Background

Pursuant to California Education Code (EC) sections 8201(c) and 8202(b) - the Child Care and Development Services Act - it is the intent of the Legislature that child care and development services provide an environment that is healthy and nurturing for all children in child care and development programs, and the healthy physical, cognitive, social, and emotional growth and development of children be supported.

On October 12, 2017, Assembly Bill (AB) 752 added EC Section 8239.1 requiring the California Department of Education (CDE), Early Learning and Care Division’s (ELCD) contracting agencies, in consultation with parents and guardians, to take specific steps before expelling or disenrolling a CSPP child. It is the intent of the Legislature by enacting AB 752 to significantly reduce the expulsion or disenrollment of children from the CSPP because of challenging behavior.

Additionally, the 5 CCR sections 18119–18122 describe the due process requirements for contractors when proposing disenrollment of services, and the due process procedures for a parent or guardian to challenge a proposed disenrollment from a child care center. In 22 CCR Section 101223, the language describes personal rights of children at child care centers.

AB 752 added HSC Section 1596.893c which requires the California Department of Social Services to consider, in determining whether to issue a citation or impose a civil penalty to a CSPP, whether it is complying with legal requirements a CSPP must follow before expelling or disenrolling a child because of behavior.

Furthermore, pursuant to Section 300.530(e), of Title 34 of the Code of Federal Regulations, special procedural safeguards ensure that children with an individualized education program (IEP) or individualized family support plan (IFSP) cannot be expelled if the challenging behavior has a direct and substantial relationship to the child’s disability or is the result of the district’s failure to implement the IEP. A child cannot be suspended for more than 10 days without re-convening the IEP/IFSP team to consider special education supports and services.

Policy

Effective January 1, 2018, prior to expelling or disenrolling a child because of a child’s behavior, CSPP contractors must meet the requirements described in EC Section 8239.1, and comply with the due process requirements identified in 5 CCR sections 18119–18122.

Directives and Recommendations

Prior to expelling or disenrolling a child because of a child's persistent and serious challenging behavior, the law requires that the CSPP contractor must, within 180 days, pursue and document that they have taken at least the following reasonable steps:

  1. Consult with the child's parents or legal guardians and teacher to maintain the child's safe participation in the program.

    It is recommended that contractors provide available resources to support caregivers regarding challenging behaviors. (See Resources section below.)

  2. Inform the parents or legal guardians of a child exhibiting persistent and serious challenging behaviors of the process that the CSPP will use to assist the child in order to safely continue to participate in the program.

  3. If the child has an IEP or IFSP, and with the parent or guardian’s written consent, consult with the local educational agency (LEA) or the local regional center on how to serve the child.

  4. If the child does not have an IEP or IFSP, consider (a) completing a universal screening including social and emotional development, (b) referring the parent or guardian to local community resources, and (c) implementing behavior supports, before referring the child to the LEA to request an assessment to determine the child’s eligibility for special education support and services, including a behavior intervention plan.

  5. If after following and documenting the reasonable steps referred to above to foster the child’s safe participation, and concerns about safe participation remain, the contractor will consult with the child’s parents or legal guardians, the child’s teacher, and if applicable, the LEA providing special education services to the child.

  6. If the contractor determines that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children the contractor shall refer the parents or legal guardians to other potentially appropriate placements such as Resource and Referral agencies and programs, or other local referral services available in their community.

  7. Once the reasonable steps outlined above have been completed, the contracting agency may then disenroll the child, subject to the due process requirements and procedures identified in 5 CCR sections 18119–18122.

Resources

The following are available resources to support CSPP contractors, staff and families regarding children with challenging behavior.

Material Resources and/or Information
Training or on-site Technical Assistance or Coaching

If you have any questions regarding the information in this MB, please contact your assigned Early Learning and Care Field Services Consultant. A list of consultants can be found on the CDE Consultant Regional Assignments web page at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

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 Learning and Care Division | 916-322-6233
Last Reviewed: Friday, November 9, 2018