A Family's Right to Voluntarily Request Changes

18082.3

(a) A family may, at any time, voluntarily request to reduce a family fee or increase their certified schedule, and shall provide applicable supporting documentation for the requested change.

(b) When a family voluntarily requests to reduce their family fee, the contractor shall:

(1) Use the documentation provided by the parent to reduce the family fee, if applicable, pursuant to sections 18083.1, 18084 and 18084.1;

(2) Within 10 business days after receipt of applicable documentation, issue a Notice of Action pursuant to section 18095;

(3) Only use any information received to reduce the family fee, if applicable. No other changes to the certified schedule shall be made unless requested by the family pursuant to subsection (e) below.

(c) Notwithstanding any other law or regulation, the effective date of any family fee reduction shall be the first day of the subsequent month.

(d) When a family voluntarily requests an increase to their certified schedule, the contractor shall:

(1) Use the documentation provided by the parent to increase the certified schedule;

(2) Within 10 business days after receipt of applicable documentation, issue a Notice of Action pursuant to section 18095;

(3) Notwithstanding any other law or regulation, make the effective date of the increase in certified schedule immediate. For contracted center-based programs, including those that provide services through a Family Child Care Home Education Network, this is based on hours of operation and space availability, as applicable; and

(4) Only use any information received to increase the certified schedule. No other changes to the certified schedule shall be made.

(e) When a family voluntarily requests a reduction to their certified schedule, the parent shall:

(1) Submit a written request that includes:

(A) Days and hours per day requested; and

(B) Date of the proposed reduction of their certified schedule

(2) Acknowledge in writing that they understand that they may retain their current certified schedule and that a decrease to their certified schedule would replace their current schedule, and if they choose to increase their certified schedule at a later time, they will be required to provide additional documentation.

(f) Upon receipt of the parent's written request in subsection (e), the contractor shall:

(1) Notify the family in writing of the parent's right to continue to bring the enrolled child pursuant to the original certified schedule and that a decrease to their certified schedule would replace their current schedule, and if the parent chooses to increase their certified schedule at a later time, they will be required to provide additional documentation; and

(2) Use the documentation provided by the parent to reduce the certified schedule, as applicable;

(3) Issue a Notice of Action pursuant to section 18095;

(4) Notify the family in writing that the family may voluntarily request to reduce their family fee due to a reduction of their certified schedule by following the process outlined in subsections (a) and (b) above; and

(5) Only use any information received to reduce their certified schedule. No other changes to the certified schedule shall be made.

NOTE: Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8261, 8263 and 8263.1, Education Code; and 45 Code of Federal Regulations Section 98.21.