Non-COVID-19 Emergency Closure Requests

Early Learning and Care Division

Subject: Non-COVID-19 Emergency Closure Requests for Fiscal Year 2021–22

Number: 21-10

Date: August 18, 2021

Expires: June 30, 2022

Authority: California Education Code Section 8249

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

Purpose

This Management Bulletin (MB) is to notify and provide guidance to California State Preschool Program (CSPP) contractors about non-COVID-19 emergency closure requests for Fiscal Year (FY) 2021–22.

This MB rescinds and replaces MB 20-20.

Policy

Any CSPP contractors that are unable to operate and close all sites and/or classrooms due to a non-COVID-19 related emergency may request a closure credit for any reduction in days of operation.

Non-COVID-19 related emergencies include circumstances beyond a contractor’s control, including, but not limited to earthquakes, floods, or fires, as well as incomplete repairs and renovations that have been authorized by the Department.

Directive

The CSPP contractors that close all of their sites and/or classrooms due to a non-COVID-19 emergency must submit a non-COVID-19 Emergency Closure Request Form in order to receive credit for any reduced days of operation associated with the emergency closure. The non-COVID-19 Emergency Closure Request Form can be accessed at https://www.cde.ca.gov/sp/cd/ci/documents/noncovid19req2122.pdf and must be submitted to the contractor’s assigned California Department of Education (CDE), Early Learning and Care Division (ELCD), Program Quality Implementation (PQI) office regional consultant. If the request is approved, the contractor will receive an approval form indicating the operation credit for the non-COVID-19 emergency closure day(s). The contractor must keep the approved form for auditing purposes and report the associated credits on their Child Development and Nutrition Fiscal Services (CDNFS) fiscal and attendance report(s).

Providers who serve children through a CSPP family childcare home education network that are closed due to a verified non-COVID-19 emergency closure shall be reimbursed by the CSPP contractor for such closures.

As a reminder, contractors must report non-COVID-19 emergency closures to their Regional Child Care Licensing Office if the contractor is a licensed child care facility under the jurisdiction of Community Care Licensing in accordance with the California Code of Regulations, Title 22 (22 CCR) Section 101212(d).

Background

The California Code of Regulations, Title 5 (5 CCR) Section 18054(a) requires that CSPP contractors, whether center-based or operated through a Family Childcare Home Education Network (FCCHEN), are reimbursed the lesser of:

1. The contract’s Maximum Reimbursable Amount (MRA)
2. Net reimbursable program costs, or
3. The product of the adjusted child days of enrollment for certified children, times the contract rate per child day of enrollment, times the actual percentage of attendance plus five (5) percent, but in no case to exceed 100 percent of enrollment. Note: This was removed from FY 2021–22 reimbursement calculations pursuant to Assembly Bill 131 under certain conditions.

Note: Number 3, above, was removed from FY 2021–22 reimbursement calculations pursuant to Assembly Bill 131 under certain conditions.

Additionally, 5 CCR Section 18055 states that if the contractor fails to operate at least 98 percent of the minimum days of operation (MDO) required in its contract, ceases operation, or the contract is terminated prior to the end of the contract period, the Maximum Reimbursable Amount (MRA) will be reduced in proportion to the percentage of the contract minimum days of operation that the contractor did not operate.

To address allowable exceptions related to the MDO and the MRA, the 2021–22 Budget Trailer Bill for Child Development Programs (AB 131, Section 263), specifically covers reimbursement for contracting agencies that close due to a public health order related to the COVID-19 pandemic. However, there still exists the possibility that contracting agencies may be unable to operate for other reasons beyond their control.

The 2021–22 Budget Trailer Bill for Child Development Programs (AB 131, Section 263), specifically addresses reimbursement for contracting agencies that close due to a public health order related to the COVID-19 pandemic. However, there still exists the possibility that contracting agencies may be unable to operate for other reasons beyond their control.

The EC Section 8249 states that agencies that are unable to operate due incomplete repairs and renovations that have been authorized by the CDE, or due to circumstances beyond their control, including earthquakes, fires, or floods, shall not be penalized for incurred program expenses, nor in subsequent annual budget allocations.

Resources

If you have any programmatic questions regarding the information in this MB, please contact your assigned ELCD, Program Quality Implementation Office Regional Consultant. The ELCD Consultant Regional Assignments directory can be accessed at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

If you have any fiscal questions about the information in this MB, please contact your assigned Child Development Nutrition and Fiscal Services analyst. The fiscal analyst directory can be accessed at https://www.cde.ca.gov/fg/aa/cd/faad.asp.

The ELCD has developed a COVID-19 guidance and resource web page that includes answers to frequently asked questions, all management bulletins issued to implement pertinent legislation, and other relevant resources at https://www.cde.ca.gov/sp/cd/re/elcdcovid19.asp.

To be informed of the updated information, please sign up for ELCD's email subscription list at https://www.cde.ca.gov/sp/cd/ci/progspeclist.asp.

Stephen Propheter, Director
Early Learning and Care Division