Initial Certification of Eligibility

18082

(a) The contractor shall designate the staff person(s) authorized to certify family/child eligibility.

(1) At initial certification, the authorized representative of the contractor shall certify or deny each family's/child's eligibility and need for early learning and care services after reviewing the completed application and documentation contained in the family data file, as applicable, as provided in chapter 19, subchapter 3, (commencing with section 18077); and

(2) Once certified as eligible to receive services, except as otherwise provided in law or regulation, the contractor shall consider the family to meet all eligibility and/or need requirements for not less than 12 months, at which point the family's eligibility and/or need shall be recertified as provided in section 18082.1.

(b) When a family is certified as income eligible, the contractor shall, at the same time, notify the family in writing of the requirement to report if their income exceeds ongoing income eligibility limits, as provided in section 18082.2.

(c) Except as otherwise provided for in law or regulation, disenrollment cannot occur prior to the end of the 12-month certification period, with the following exceptions:

(1) When the recalculation of income, pursuant to section 18082.2, based on the provided documentation indicates that the family's adjusted monthly income exceeds the income eligibility threshold set forth in Education Code section 8263.1 and the family does not meet the requirements for another eligibility basis pursuant to section 18083;

(2) When the parent changes residency outside of California as reported by the parent; or

(3) When there is substantiated evidence of fraud that invalidates the initial certification and the family is not otherwise eligible; or

(4) When the family has abandoned care pursuant to section 18066.5.

(d) Families disenrolled prior to the last day of the 12-month certification period shall be issued a Notice of Action for disenrollment pursuant to section 18095.

NOTE: Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8261, 8263, 8263.1 and 8269, Education Code.

Last updated

This is for informational purposes only and does not offer legal, accounting, or tax advice. For legal questions, please consult a lawyer.