“Children Learning, Parents Earning, Communities Growing"

California Department of Education (CDE) and California Department of Social Services (DSS)

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CDE Webinars and Handouts

January 25, 2018 Webinar: Eligibility, Certification, Recertification and Notice of Action- PowerPoint (Draft)

September 28, 2017 Webinar: Budget Act of 2017: Implementation of 12-month Eligibility- in partnership with CAPPA

Webinar Recording (Click the Vimeo Logo on the bottom right-hand side of the video to watch in full screen view):

 

Management Bulletin 17-14

Link to Attachment A – 12-month Eligibility Implementation Guidance

Link to Power Point Presentation 

  • Supplemental links referenced in Power Point
    • Page 6 of PP: Legislative Authority: Budget Act of 2017: Assembly Bill 99 
    • Page 8 of PP: Rescinded Management Bulletins
      • MB 06-14: Update to Changes in Law Affecting Child Care and Development Services for At Risk and Child Protective Services Families
      • MB 15-05: Extension of 60-day Limitation on Seeking Employment
    • Page 19 of PP: Changes to the California Code of Regulations Title V included:
      • Two (2) sections that were repealed
        • Section 18102 Notice of Families of Their Responsibility to Notify Contractors of Changes to Family Circumstances
        • Section 18104 Limited Term Service Leave Requirements
      • Sixteen (16) sections that were revised
        • Section 18078 Definitions
        • Section 18084 Documentation of Income Eligibility
        • Section 18086 Documentation of Employment
        • Section 18086.5 Documentation of Seeking Employment, Service Limitations
        • Section 18087 Documentation of Training Towards Vocational Goal
        • Section 18088 Documentation of Parental Incapacity; Service Limitations
        • Section 18090 Documentation of Homelessness
        • Section 18091 Documentation of Seeking Permanent Housing, Service Limitations
        • Section 18096 Calculation of Income
        • Section 18103 Recertification
        • Section 18406 Family Eligibility (Cal WORKs, Stage 2)
        • Section 18408 Family Duration (CalWORKs, Stage 2)
        • Section 18410 Contractor Responsibilities for Maintaining Family Eligibility (CalWORKs, Stage 2)
        • Section 18421 Family Eligibility (CalWORKs, Stage 3)
        • Section 18423 Family Duration (CalWORKs, Stage 3)
        • Section 18425 Contractor Responsibilities for Maintaining Family Eligibility (CalWORKs, Stage 3)
      • Three (3) sections that were added
        • Section 18084.1 Duration of Service Requirement
        • Section 18084.2 The Family’s Right to Voluntarily Report Changes
        • Section 18084.3 Requirement to Report When Income Exceeds Ongoing Income Eligibility  
    • HIGHLIGHTS 4 Major Areas:
      1. Families certified for services on the basis of seeking employment shall receive services for not less than 12 months.
      2. All families must be recertified at least one each contract period, and no sooner than 12 months from when they were last certified.
      3. Families may voluntarily report changes decreasing their service need under specific conditions.
      4. Families must report within 30 days if income exceed 85 percent of state median income (SMI).
    • The information in the Guidance supersedes the information in current 5CCR regulations and FTCs. Refer to the Guidance when enrolling families or reviewing Policies.
    • A payment made by a child care and development program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during the same 12-month period.
    • The GAU will only be verifying information at:
      1. Initial certification, and at
      2. Recertification

July 28, 2017 Webinar: Budget Act of 2017: Review of Management Bulletins and
Overview of 12-month Eligibility Provisions- in partnership with CAPPA

On Friday, July 28th, CAPPA supported CDE/EESD with a webinar focused on MB 17-0817-09 and 17-10 in addition to answering submitted questions regarding 12-month eligibility.

Although the webinar started out with technical challenges, by the time we got to the Q&A portion of the webinar, it was clear. 

 

If you did not listen to the webinar, we encourage you do so as it was full of rich information. Additionally, it was very clear particularly during the Q&A portion of the webinar, that there are clear objectives that CDE is using as reference to answering questions and drafting Management Bulletins (MBs).  They are:

1.       CDE directives and input will fall on the side of what is in the best interests of the child.

2.       Continuity of care for 12 months.

3.       Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent.  As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)1:

 8263 (i) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the family's circumstances during that same period.

4.      Memorize Education Code Sections 8263(h) below and (i) above. 

8263 (h) (1) Except as provided in paragraphs (2) to (4), inclusive, upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shallnot be required to report changes to income or other changes for at least 12 months.

(2) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 8263.1, and the family's ongoing eligibility for services shall at that time be recertified.

(3) A family that establishes initial eligibility or ongoing eligibility on the basis of seeking employment shall receive services under this chapter as follows:

(A) If seeking employment is the basis for initial eligibility, the family shall receive services under this chapter for not less than six months.

(B) If, at the time of recertification, the only basis established for ongoing eligibility is a parent's need to seek employment, the family shall receive services for no less than six months.

(4) A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family's fees, increase the family's services, or extend the period of the family's eligibility before recertification.

Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent.  As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)

To understand the intent behind these directives, it is strongly suggested that Education Code Sections 8263(h) and (i) be read and memorized, as clear language on the guiding principals behind anticipated directives is given.

Again, it could not have been emphasized any stronger that if your agency implements in accordance with the the changes in law enacted as part of the 2017-18 budget package above laws that went into effect on July 1, 2017, CDE will have a hold harmless applied for purposes of reviews.

This webinar was very clear that the work we do is going to get greatly streamlined and will definitely support families with continuity of care and greater stability for children.

CAPPA is going to work with CDE to write out answers to the six pages of questions that you have all submitted.  CDE will host these responses on their website, but CAPPA will have a link to them on the same page where we will host this webinar and PPT for reference. 

Other:

Q:  What is the October 1, 2017 deadline?

A:  That is the deadline wherein CDE must provide through MBs or letters of instruction on how to implement the laws that are now in place.  Below is the language clarifying October 1, 2017 in the Education Code Section 8263.

(j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of this code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.

MB 17-11: Revised Family Fee Schedule is currently in the approval process, and will be posted in the near future. Additional MBs associated with implementation of the Budget Act of 2017 are forthcoming.

Finally, EESD has put a hold on issuing more answers to questions regarding past MBs.  The reason for this is that the newly enacted 2017-18 budget has provided the conduit needed to reexamine and do away with burdensome reporting requirements and transfer issues that exist between CalWORKs Stage 1 and Stage 2 child care.
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2017 - 18 Fiscal Terms and Conditions 

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Management Bulletins and Information

For an archived listing of all Management Bulletins, please visit the CDE website.

  • January 31, 2018
    12-month Eligibility Regulation Input

    The Budget Act of 2017 requires the CDE to convene a workgroup to solicit input for developing regulations regarding the provisions of California Education Code 8263(h), 12-month eligibility. In order to garner as much input as possible, the EESD Policy Office has opened an e-mail address to gather input/recommendations from any interested party. Please e-mail your input/recommendations to EESDTitle5@cde.ca.gov. This e-mail address will be available until the close of business on Wednesday, February 28, 2018.
    The input/recommendations submitted will be considered when CDE drafts the regulations. As part of the rulemaking process, once the regulation changes to the California Code of Regulations, Title 5, are written, there will be an opportunity for public comment before the regulations are finalized.
    For questions specifically related to your agency, please contact your EESD Field Services Office Consultant by phone at 916-322-6233. A listing of Field Services Office Consultant regional assignments is located on the CDE Consultant Regional Assignments Web page at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

  • December 6, 2017
    Information for Agencies Affected by Southern California Fires

    The EESD has received a variety of questions about the process and procedures that child development contractors should follow in times of emergency situations. The EESD applauds the tremendous effort that agencies have made to attempt to continue quality child development services to families and children. However, some situations may have rendered centers, preschools, and providers unable to offer services.  Contractors are to refer to Management Bulletin (MB) 10-09 on the EESD Management Bulletins Web page at https://www.cde.ca.gov/sp/cd/ci/allmbs.asp for specific guidance and funding direction due to circumstances beyond the control of the contractor.

  • November 28, 2017
  • November 21, 2017
  • October 12, 2017
    • The EESD has received a variety of questions about the process and procedures that child development contractors should follow because of the impact and severity of the numerous fires that have occurred in California. The EESD applauds the tremendous effort that agencies have made in the many counties in California during this emergency to attempt to continue quality child development services to families and children. However, the extreme nature of these fires have rendered centers, preschools, and providers unable to offer services. In these instances, the EESD provides the following information:
      Contractors are to refer to Management Bulletin (MB) 10-09 at https://www.cde.ca.gov/sp/cd/ci/mb1009.asp  for specific guidance and funding direction due to circumstances beyond the control of the contractor.
      MB 10-09 provides instruction for the statutory authority in Education Code Section 8271 that benefits contractors unable to operate due to circumstances beyond the control of the agency, which would include fires. The MB states that when a contractor’s days of operation are reduced because of the circumstance beyond the control of the contractor and the reduction did not result in a reduction of staff because of either layoffs or unpaid furloughs, the contractor’s governing board or executive office should adopt a resolution the nature of the emergency and the specific effect on program operations. The resolution should include:

      • Dates the operation was suspended or reduced;
      • For direct services contractors, the daily attendance for certified and non-certified children for the week prior to the suspended operation.

       This resolution should be sent to the appropriate Field Services Office Consultant in the EESD pursuant to the instructions in MB 10-09.

       Please note that the above direction includes all ESSD contractors, including Resource and Referral agencies and Alternative Payment Program agency headquarters.

       If you operate a licensed facility, please report any fires on the premises to the California Department of Social Services pursuant to the California Code of Regulations, Title 22 Sections 101212(d) and 102416.2(c).  All licensed facilities should also follow their disaster plans on file pursuant to Health and Safety Code Section 1596.95(f).

       If you have not already been in contact with your field consultant at https://www.cde.ca.gov/sp/cd/ci/assignments.asp, please contact them as soon as possible if your agency was impacted by the fires.  

  • October 11, 2017
    • The Budget Act of 2017 Implementation Frequently Asked Questions (FAQ) has been posted to the CDE/EESD Budget Act of 2017 Implementation FAQ Web page at https://www.cde.ca.gov/sp/cd/ci/budgetactfaq2017.asp

       This FAQ responds to many questions related to the implementation of the 2017 Budget Act provisions described in Management Bulletins (MB) released after July 1, 2017, including MB 17-14: 12-Month Eligibility.

       If you have questions regarding the Budget Act of 2017, please e-mail ecebudgetactfaq@cde.ca.gov. Responses will be posted in the near future to a CDE Budget Implementation FAQ Web page. Contractors are encouraged to refer to the FAQ Web page before submitting questions.

      For questions specifically related to a current client, please contact your Early Education and Support Field Services Consultant by phone at 916-322-6233. A listing of Field Services Consultant regional assignments is located on the CDE Consultant Regional Assignment Web page at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

  • October 10, 2017
  • October 3, 2017
  • September 29, 2017
  • September 27, 2017
  • September 26, 2017
  • September 22, 2017
  • September 14, 2017

    Dear Executive Directors of Child Care and Development Programs:

    The Child Development and Nutrition Fiscal Services (CDNFS) Office is forwarding you a copy of the “2017–18 Child Care and Development Contract Changes.” This letter details information important to all agencies that contract with the California Department of Education to provide child care and development services. Topics include changes to the Standard Reimbursement Rates, reporting the reimbursement of family fees due to the family fee schedule revision, and Regional Market Rate reimbursement ceilings, among others. The letter is attached to this e-mail and will also be posted on the CDNFS Web page at http://www.cde.ca.gov/fg/aa/cd/index.asp.

    If you have any questions regarding this subject please contact your assigned fiscal analyst.
    Clicker HERE to access the Child Care and Development Contract Changes Letter

  • August 11, 2017

    Management Bulletin 17-11: Revised Family Fee Schedule 


  • August 8, 2017
    2016 Regional Market Rate Survey of California Child Care Providers

    The 2017 -18 Budget Act reflects 75th percentile rates using the 2016 Market Rate Survey.  Click here to see that survey and the rates as they relate to your county. 
    Included in the budget is another hold harmless provision for 12 months, which is proposed to start from January 1, 2018 through December 31, 2018. 
    *MEMBERS: Please email CAPPA for county specific sheets

  • July 21, 2017
    2016-17 Year-End Reporting Reminders

  • July 12, 2017
    Information for agencies affected by California fire

  • July 6, 2017

  • MB 17-08 Subject: State Median Income (Initial Certification) The MB 17-08 notifies contractors of the revised income ceiling to be used to determine income eligibility for families at initial certification for subsidized child development services.
  • MB 17-09 Subject: Graduated Phase-Out (Recertification) The MB 17-09 notifies contractors of the new ongoing income ceilings to be used to determine ongoing income eligibility for families at recertification for subsidized child development services.
  • MB 17-10 Subject: Updated Income Rankings The MB 17-10 notifies contractors of the updated income ranking table, corresponding with the State Median Income ceilings described in MB 17-08 State Median Income (Initial Certification). This income ranking table is to be used when determining order of enrollment and disenrollment of children receiving subsidized child care services.

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California Department of Social Services

  • January 25, 2018
    A manual letter (EAS-18-03) containing amendments to the California Department of Social Services' Eligibility and Assistance Manual has been uploaded onto the Department's website.  

  • January 24, 2018
    The California Department of Social Services has scheduled a public hearing for March 14, 2018, to receive testimony on the CalWORKs Income or Household Composition Reporting, ORD No. 0717-18, regulations package.  Details can be found by clicking Here.

  • January 20, 2018
    A manual letter containing revisions CDSS' Eligibility and Assistance Standards Manual has been uploaded onto the Departments' website. Click here for more information.

  • January 12, 2018
    CDSS has scheduled a public hearing for February 28, 2018, to receive testimony on the "CalWORKs Program: Subsidized Employment, Approved Career Pathways and Post-Aid Services" regulations package. Click Here for more information.  

  • December 29, 2017
    ALL COUNTY LETTER (ACL) 17-125.  Guidance exempts benefits and related allowances received from the United States Department of Veterans Affairs (VA) for education, training, vocation or rehabilitation from consideration as income when determining CalWORKs eligibility and calculating grant amounts for veterans, dependents of veterans and spouses, under specified circumstances.

See more DSS updates and information Here. 

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California Department of Education Resources

2016 Regional Market Rate (RMR) Survey

Find your EESD Regional Consultant  

Find your Fiscal Analyst

Past Training Handouts: