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  • Welcome to CQEL's Title 5 Tool
  • General Provisions
    • Definitions
    • Eligibility for Funding
  • Selection of Contractors
    • Application Review
    • Appeals for Request for Applications
    • Award of Contract
    • Contractor Eligibility for State Child Care Facilities Fund
  • State Child Care Facilities Fund
    • Priorities for State Child Care Facilities Fund (GAIN)
    • Funding Award Procedures for State Child Care Facility Funds
  • Contingency Funds for Alternative Payment Programs
    • Application for Contingency Funds for Alternative Payment Programs
    • Continued Funding for Alternative Payment Programs
  • General Requirements
    • Scope of General Requirements
    • Definitions - General Requirements
    • Notification of Address Change - General Requirements
    • Materials Developed with Contract Funds
    • Prohibition Against Religious Instruction or Worship
    • Prohibition Against Presigned Checks, Child Development Division Prior Written Approval
    • Prohibition Against Loans and Advances
    • Compliance with Title 22 California Code of Regulations
    • Contracts with Multiple Service Areas
    • Compliance Reviews of Contractors
    • Contractor's Termination for Convenience
    • Title, Use, Disposition and Retention of Equipment
    • Subcontracts Excluded from Scope of This Article
    • Private Contractors
    • Prior Child Development Division Approval
    • Required Subcontract Provisions
    • Audit Requirements for Subcontracts
  • Costs
    • General Standards - Costs
    • Specific Items of Reimbursable Costs
    • Nonreimbursable Costs
    • Charging of Expenditures
    • Recoupment of Advanced Contract Funds
    • Use of Subsidized Parent Fees
    • Prior Approval for Certain Capital Outlay Expenditures
    • Prior Approval for Out-of-State Travel
  • Determination of Reimbursement
    • Determination of Reimbursable Amount
    • Reduction, Withholding, and Cancelling Apportionments to Contractors
    • Order of Expenditure
  • Accounting and Reporting Requirements
    • General Provisions for Accounting
    • Child Development Fund; Interest Bearing Accounts
    • Enrollment and Attendance Accounting
    • Verification of Excused Absence Policies
    • Abandonment of Care
    • General Recordkeeping Requirements
    • Attendance and Expenditure Reports
    • Service Data Report for Resource and Referral Programs
    • Report Data
    • Audits and Auditors
    • Review of Audit by the California Department of Education Office of External Audits
    • Delinquent Audits, One-Time Extension, Liability for California Department of Education Audit Costs
  • Utilization of the Regional Market Rate Ceiling
    • Applicable Regulations
    • Definition - Applicable Regulations
    • Application of Regional Market Rate Ceilings
    • Reimbursement Rate Categories
    • Adjustment for Evenings and/or Weekends for Licensed Providers
    • Adjustment for Children with Exceptional Needs
    • Limitations on Reimbursement
    • Other Reimbursable Fees
    • Reimbursable Hours of Care
    • Reimbursement to Multiple Providers
  • General Child Care Programs
    • Scope of General Child Care Programs
    • Definitions - General Child Care Programs
    • Family Data File Contents
    • Initial Certification of Eligibility
    • Recertification of Eligibility
    • A Family's Right to Voluntarily Request Changes
    • Application for Services Contents
    • Documentation and Determination of Family Size
    • Documentation of Eligibility: Income and Family Fees
    • Income Calculation
    • Documentation of Public Assistance
    • Documentation of Need
    • Documentation of Need: Employment
    • Documentation of Need: Service Limitations
    • Documentation of Need: Seeking Employment
    • Documentation of Need: Educational Programs
    • Documentation of Need: Vocational Training
    • Documentation of Need: Parental Incapacity
    • Documentation of the Child's Exceptional Needs
    • Documentation of Eligibility and Need: Homelessness
    • Documentation of Need: Seeking Permanent Housing
    • Documentation of Child Protective Services
    • Certification of Federal Eligibility for the Federal Based Migrant Program
    • Notice of Action: Application for Services
    • Notice of Action: Recipient of Services
  • Admission Policies and Procedures
    • Admission Policies and Procedures: Interview
    • Admission Priorities, Waiting List, and Displacement
    • Residency Requirements
  • Parent Fees
    • Fee Schedule
    • Fee Assessment: Explanation to Parents
    • Exceptions to Fee Assessment
    • No Additional Payments or Costs Exceptions
    • Credit for Fees Paid to Other Service Providers
    • Receipt for Payment of Fee; Retention of Copy for Records
    • Advance Payment of Fees, Delinquent Fees, and Notice of Delinquency
    • Plan for Payment of Delinquent Fees
    • Consequences of Nonpayment of Delinquent Fees
    • Confidentiality of Records
  • Due Process Requirements
    • Approval or Denial of Child Care and Development Services
    • Changes Affecting Service
    • Clients Request for a Hearing: Rules and Procedures
    • Appeal Procedure for Child Development Division Review
    • Contractor Compliance with Child Development Division Decision
  • Campus Child Care Program
    • Applicable Regulations - Campus Child Care Program
  • Federal Based Migrant Program
    • Scope of Applicable Regulations
  • Eligibility and Enrollment Priorities
    • Enrollment Priorities
    • Eligibility Certification for Federal Based Migrant Programs
    • Migrant Student Record Transfer System
  • State Based Migrant Program
    • Applicable Regulations - State Base Migrant Program
    • Eligibility Criteria - State Based Migrant Program
    • Priorities for Enrollment, Waiting List, Displacement Order - State Based Migrant Program
  • Severely Handicapped Program
    • Applicable Regulations - Severely Handicapped Program
    • Eligibility - Severely Handicapped Program
    • Additional Basic Data File Requirements - Severely Handicapped Program
    • Minimum Hours of Operation - Severely Handicapped Program
  • Alternative Payment Program
    • Applicable Regulations - Alternative Payment Programs
    • Definitions - Alternative Payment Programs
    • Provider Rate for Family Co-Payment - Alternative Payment Programs
    • Information on Contractor Policies - Alternative Payment Programs
    • Information to Be Given to Parents - Alternative Payment Programs
    • Procedures for Provider Participation - Alternative Payment Programs
    • Written Materials to Be Given to Providers - Alternative Payment Programs
  • Receipt of Notification of Temporary Suspension or License Revocation
    • Notification of Parents and Facilities
    • Receipt of Notification of Probationary Status of Facility from Resource and Referral Program
  • Services and Payments
    • Notification of Ineligible Status of a License-Exempt Provider
    • Plan for Continuity of Service and Expenditures
    • Plan for Provider Payments
    • Eligible Providers for Alternative Payment Program
    • Provisional Child Care
    • Offset of Parent Fees Paid to Providers
    • Basic Data File: Receipt of Supportive Services
  • Records
    • Records on File Concerning In-Home Service Providers
    • Records on File Concerning Service Providers
  • Resource and Referral Program
    • Applicable Regulations - Resource and Referral Program
    • Definitions - Resource and Referral Program
    • Service Area - Resource and Referral Program
    • No Fees Charged for Referral Services - Resource and Referral Program
    • Resources Available for Service Providers - Resource and Referral Program
    • Written Referral Policies - Resource and Referral Program
    • Maximizing Parental Choice - Resource and Referral Program
    • Confidentiality of Information - Resource and Referral Program
    • Complaint Procedures - Resource and Referral Program
    • Notification of Temporary Suspension, License Revocation, or Probation
    • Reinstatement of Provider or Facility at Conclusion of Probation or Temporary Suspension
  • Program Quality
    • Scope of Program Quality
    • Definitions - Program Quality
    • Program Philosophy, Goals and Objectives - Program Quality
    • Developmental Profile - Program Quality
    • Education Program - Program Quality
    • Staff Development Program - Program Quality
    • Parent Involvement and Education - Program Quality
    • Health and Social Services - Program Quality
    • Community Involvement - Program Quality
    • Nutrition - Program Quality
    • Program Self-Evaluation Process - Program Quality
    • Parent Survey - Program Quality
    • Environment Rating Scales - Program Quality
  • Staffing Ratios
    • Staffing Ratios for Early Learning and Care Programs
    • Commingling of Age Categories
    • Staffing Ratio Variance
  • Waiver of Qualifications for Site Supervisor
    • Qualifications for Site Supervisor: Conditions
  • Appeal and Dispute Resolution Procedures
    • Scope of Appeal and Dispute Resolution Procedures
    • Termination, Suspension, and Major Reductions in Contract
    • Contractor's Responsibility After Notice of Termination or Notice of Decision
    • Administrative Review of Changes in Contract Status
    • Conditional Status Imposed During the Contract Period
    • Conditional Status Addendum
    • Monthly Reports: Inventory of Equipment
    • Duration of Conditional Contract Status
    • Resolution of Contract Administration Disputes
  • CalWORKs, Early Learning, and Care Programs
    • Definitions - CalWORKs, Early Learning, and Care Programs
    • General Provisions - CalWORKs, Early Learning, and Care Programs
    • Family Eligibility - CalWORKs, Early Learning, and Care Programs
    • Child Eligibility - CalWORKs, Early Learning, and Care Programs
    • Eligibility Duration - CalWORKs, Early Learning, and Care Programs
  • Enrollment into CalWORKs Stage 2
    • Enrollment into CalWORKs Stage 2 by Transfer from a Stage 1 CalWORKs Agency.
    • Enrollment into CalWORKs Stage 2 When Transferring from Another CalWORKs Stage 2 Agency
    • Enrollment into CalWORKs Stage 2 When NOT Transferring from Another CalWORKs Agency
    • CalWORKs Stage 2: Twelve-Month Eligibility
    • Recertification of Eligibility for Stage 2 CalWORKs
    • Requirement to Report when Income Exceeds Statutory Threshold for Income Eligibility - CalWORKs
    • The Family's Right to Voluntarily Request Changes - CalWORKs
    • Eligible Providers for Stage 2 Services - CalWORKs
  • Requirements for Family Data File for CalWORKs
    • Family Data File - Stage 1 or Stage 2 - CalWORKs
  • Provider Payments and Parent Fees for CalWORKs
    • Provider Payments - CalWORKs
    • Parent Fees and Co-payments - CalWORKs
  • Program Policies for CalWORKs
    • Contractor Responsibilities - CalWORKs Program Policies
    • Data Reporting - CalWORKs Program Policies
    • Program Quality - CalWORKs Program Policies
    • Parental Appeals - CalWORKs Program Policies
    • Notice of Action Requirements - CalWORKs Program Policies
  • CalWORKs Stage 3 Child Care Program
    • General Provisions - CalWORKs Stage 3 Child Care Program
    • Family Eligibility - CalWORKs Stage 3 Child Care Program
    • Child Eligibility - CalWORKs Stage 3 Child Care Program
    • Eligibility Duration - CalWORKs Stage 3 Child Care Program
  • Enrollment into CalWORKs Stage 3
    • Enrollment into CalWORKs Stage 3 By Transfer from Another CalWORKs Agency
    • CalWORKs Stage 3: Twelve-Month Eligibility
    • Recertification of Eligibility for CalWORKs Stage 3 Services
    • Requirement to Report When Income Exceeds Statutory Threshold for Income Eligibility - CalWORKs
    • The Family's Right to Voluntarily Request Changes - CalWORKs
    • Eligible Providers for CalWORKs Stage 3 Services
    • Family Data File - CalWORKs Stage 3 Child Care Program
    • Provider Payments and Parent Fees - CalWORKs Stage 3 Child Care Program
    • Parent Fees and Co-Payments - CalWORKs Stage 3 Child Care Program
    • Contractor Responsibilities - CalWORKs Stage 3 Child Care Program
    • Data Reporting - CalWORKs Stage 3 Child Care Program
    • Quality - CalWORKs Stage 3 Child Care Program
    • Parental Appeals - CalWORKs Stage 3 Child Care Program
    • Notice of Action Requirements - CalWORKs Stage 3 Child Care Program
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  1. General Child Care Programs

Documentation of Need: Educational Programs

18086.6

(a) If the basis of need as stated on the application for services is educational programs as defined in section 18078, early learning and care services shall be limited in total to six years from the initiation of services based on enrollment in educational programs.

(b) The parent shall obtain and provide to the contractor documentation of enrollment in an English Language Learner/English as a Second Language (ELL/ESL) program or a program to attain a high school diploma or General Education Degree/High School Equivalency (GED/HSE) certificate.

(c) The parent shall provide documentation of the days and hours of enrollment in an educational program, which shall include:

(1) The name of the institution that is providing the instruction;

(2) The parent's current class schedule that is either an electronic print-out from the educational program or, if unavailable, a document that includes all of the following:

(A) The classes in which the parent is currently enrolled;

(B) The days of the week and times of day of the classes; and

(C) A registration confirmation from the educational program.

(d) The contractor shall determine the days and hours needed per week based on the provided documentation.

(e) Online or televised instructional classes that are unit bearing classes from an accredited training institution shall be counted as class time at one hour a week for each unit. The parent shall provide a copy of the syllabus or other class documentation as applicable. The accrediting body of the training institution shall be among those recognized by the United States Department of Education.

(f) When the parent requests study time, travel time, or both, the contractor shall determine the amount of service time needed based on the documentation provided by the parent.

(1) Study time shall be determined based on the following:

(A) When the educational program, on-line, or televised instructional classes are based on academic units, study time is determined at two hours per week per academic unit in which the parent is enrolled. Additional time for studying may be approved by the contractor, on a case-by-case basis, if the parent provides a declaration signed under penalty of perjury as to why the additional time is needed for the specified course(s). Additional time, if approved, shall not exceed one hour per week per academic unit for the specified course(s) in which the parent is enrolled.

(B) When the educational program is not based on academic units, the contractor shall determine the hours approved for study time but in no case may the number of study hours exceed the number of class hours per week.

(2) Travel time shall be determined based on the location where the early learning and care services are provided and the location of the educational program, based on actual travel time needed, not to exceed a maximum of four hours per day.

(g) Pursuant to section 18082.3, a parent may voluntarily request changes at any time.

(h) At recertification, the continuation of services in an educational program is contingent upon the parent making adequate progress. To document adequate progress for the last enrolled quarter, semester, or training period, as applicable, the parent shall provide documentation from the educational program for which subsidized care is provided demonstrating the following:

(1) In a graded program, achievement of a minimum 2.0 grade point average for the last enrolled quarter, semester, or academic enrollment period; or

(2) In a non-graded program, passing the program's requirements in at least 50 percent of the classes or meeting the educational institution's standards for making adequate progress.

(i) If at recertification the parent has made adequate progress based on the provided documentation, the certified schedule may be established pursuant to subsections (b), (c), (d) and (e).

(j) If at recertification the parent has not made adequate progress pursuant to subsection

(h), the parent shall be recertified to receive services for another 12 months. At the conclusion of this 12-month certification period, the parent shall have made adequate progress pursuant to subsection (h) to be recertified for services based on enrollment in an educational program. If the parent has not made adequate progress pursuant to subsection (h), and cannot establish another basis of need for services, the family shall be:

(1) Disenrolled from services; and

(2) Once disenrolled, the parent shall be ineligible to be certified for services based on enrollment in educational programs for six months from the date of disenrollment.

NOTE: Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8261 and 8263, Education Code.

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