Early Learning and Care Division
Subject: Family Childcare Providers: Collective Bargaining; Additional Data Elements to be Reported
Number: 20-02
Date: February 2020
Expires: Until Rescinded
Authority: Assembly Bill 378; Child Care and Development Block Grant Act of 2014 (45 Code of Federal Regulations 98.16(aa) and 98.41)
Attention: Executive Directors and Program Directors of Contractors administering programs with individuals who operate licensed family child care homes or license-exempt individual providers
Purpose
The purpose of this Management Bulletin (MB) consists of the following:
1) To inform contractors of additional changes that require contracting partner agencies to collect and provide to the California Department of Education (CDE) specific business and personal information pertaining to individuals who operate family child care homes and license-exempt individual providers to support future collective bargaining.
2) To provide guidance, resources, and technical assistance to contractors on the timelines and processes for the collection and submission of the required data.
Background
Senate Bill (SB) 75, as adopted in the omnibus trailer bill of the Budget Act of 2019, added California Education Code (EC) Section 8432, effective July 1, 2019, which requires CDE to collect and submit to provider organizations, as defined in SB 75, specific business and/or personal information of family child care providers, which are (1) individuals who operate a licensed family day care home or (2) are individuals who provide early learning and care in their own home or in the home of the child receiving care and are exempt from licensing requirements (hereafter, collectively referred to as "providers").
Assembly Bill (AB) 378, as adopted by the Governor on September 30, 2019, and effective January 1, 2020, gives providers the right to form a single, statewide child care provider organization and to collectively bargain with the state on a range of topics, including, but not limited to, reimbursement rates, payment and reporting procedures, and professional development. This bill also requires the CDE to collect and submit to provider organizations additional business and/or personal information.
This bill also creates the following process for certifying a provider organization as the exclusive bargaining representative and provides information on how the certified provider organization can collectively bargain with the State. This bill provides that the Public Employment Relations Board (PERB) must conduct an election to certify the provider organization as the exclusive bargaining representative.
The process for certifying a provider organization as the exclusive bargaining representative will not occur until April 2020, at the earliest.
In addition, the Child Care and Development Block Grant Act, reauthorized in 2014, requires that states have disaster relief plans in place to assist providers in the event of an emergency. The collection of the provider's language will be useful for the CDE to have in the event of a local emergency. In addition, such information, if submitted by a provider, will be passed on to the provider organizations to assist with communication with the provider for purposes of the collective bargaining process.
Policy
Pursuant to SB 75, as implemented in MB 19-06, contracting agencies must continue to collect and submit to the CDE on a monthly basis the specific business and/or personal information via the Subsidized Provider Report (SPR). AB 378 amended EC 8432 and requires additional information to be collected via the SPR.
In addition, as required by the Information Practices Act (Civil Code section 1798.17), contracting agencies must provide notice of this collection to all providers whose information is being collected and submitted to the CDE for these purposes.
Directive
Subsidized Provider Report
Beginning January 1, 2020, contracting agencies must submit their SPR with the additional information as set forth below. Pursuant to AB 378, contracting agencies must submit a provider's home telephone number, if known. In addition, for clarity in reporting requirements, contractors must identify if a provider has a license number or not. Finally, for emergency planning purposes and for purposes of communication in the collective bargaining process, there will now be an optional field for contracting agencies to submit the provider's home language if the provider chooses to provide such information.
Prior to collecting and submitting the data elements referenced below, contracting agencies must send a notice to all impacted providers that this information is being collected and submitted to the CDE and disclosed to a provider organization as required by SB 75 and the passing of AB 378. Contracting agencies should use the Notice to Providers, with the attached relevant code sections. The CDE has drafted these documents, which are ready to be sent to providers. The Notice to Providers is available on the Subsidized Provider Report web page at https://www.cde.ca.gov/sp/cd/ci/spreport.asp.
Additional Data Elements To Be Reported
- A 'Yes' or 'No' field that identifies that there is a license number (Required Field)
- Home telephone number, if known (Required Field)
- Provider's home language (Optional Field)
The complete list of data fields you will need to enter is provided in the SPR Technical Manual, available on the SPR webpage at https://www.cde.ca.gov/sp/cd/ci/spreport.asp. The SPR will continue to be due on the 20th of the month and contain the providers who were paid in the previous month.
Technical Assistance To Be Provided
Technical instructions for submitting the SPR are available in the SPR Technical Manual on the SPR webpage at https://www.cde.ca.gov/sp/cd/ci/spreport.asp. On January 14, 2020, the CDE hosted a webinar for submitting the monthly SPR through the CDMIS. The CDE recorded this webinar, and it will be made available on the SPR web page.
Agencies may contact the Child Development Management Information System (CDMIS) Support by telephone at 916-445-1907 or by emailing CDMIS@cde.ca.gov for further reporting technical assistance.
Resources
The Notice to Providers is ready to be sent to current providers and is available on the SPR Report web page at https://www.cde.ca.gov/sp/cd/ci/spreport.asp. This notice must be sent to your current providers as soon as possible. Relevant sections of code are available in the Notice to Providers, Attachment B, on the SPR web page.
If you have any questions regarding the information in this MB, please contact your assigned Early Learning and Care Consultant via the CDE Consultant Regional Assignments web page at https://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.