Early Learning and Care Division
Subject: Repeal of Parent Certification and Reporting Requirements for 11- and 12-Year-Old Children
Number: 14-13
Date: November 2014
Expires: Until Rescinded
Authority: California Education Code (EC), Section 8263.4
Attention: Early Learning and Care Division Contractors
Purpose
The purpose of this Management Bulletin (MB) is to repeal the parent certification of an unavailable before- or after-school program, and to advise Early Learning and Care Division (ELCD) contractors that the reporting requirement for 11- and 12-year-old children is also repealed as a result of the passage of Assembly Bill (AB) 1944. In addition, MB 11-29 is rescinded, which previously provided information to ELCD contractors regarding the reporting requirement for 11- and 12-year-old children. The changes identified in this MB do not affect the California State Preschool Program.
Background
Senate Bill (SB) 68 (Chapter 78, Statutes of 2004), which amended Section 8263.4 of the California Education Code (EC), instituted reporting requirements for ELCD contractors to report 11- and 12-year-old child data to the California Department of Education (CDE). EC Section 8263.4(g) required the ELCD to report annually to the Legislature the dollar amount of funds not spent on 11- and 12-year-old children in ELCD contracted child care because they transferred to a before or after school program for all or part of their child care needs. Parent(s) of 11- and 12-year-old children who remained in a subsidized child care program for all or part of their child care needs were required to complete, sign, and return form CD-9608 to the contractor prior to the child's eleventh birthday identifying the reason why a before or after school program did not meet all or part of the child care needs of the family. This law does not apply to 11- or 12-year-old children with disabilities, including children with exceptional needs who have an individual education plan as required by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or EC, Part 30 (commencing with Section 56000).
SB 70 (Chapter 7, Statutes of 2011) changed the eligibility requirements, effective July 1, 2011, as they pertained to 11- and 12-year-old children by limiting services to those children 10 and under, and directed that 11- and 12-year-old children receive priority for services in a before or after school program. SB 70 permitted access to child care and development services only for 11- and 12-year-olds who were identified as either (1) having exceptional needs, (2) receiving child protective services, (3) at risk of abuse, neglect or exploitation, (4) homeless, or (5) needing services during non-traditional hours.
AB 114, signed by the Governor on June 30, 2011, reinstated the provisions of EC Section 8263.4, reversing the eligibility limitations for 11- and 12-year-olds imposed by SB 70, and reinstated the reporting requirements for ELCD contractors.
Directives
Effective December 1, 2014, parent certification of an unavailable before or after school program is no longer required. Also, the provision that required specified savings to be annually reported to the CDE by a contractor providing child care services and the requirement of the CDE to annually report the amount of statewide savings to the Legislature is repealed.
If you have any questions regarding the information in this management bulletin, please contact your assigned Early Learning and Care Field Services Consultant 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 Education Code Section 33308.5.