Early Learning and Care Division
Subject: Service Need-Engaged in an Education Program for English Language Learners or to attain a High School Diploma or High School Equivalency Certificate
Number: 18-02
Date: February 2018
Expires: Until Rescinded
Authority: Assembly Bill 273, Chapter 15, Statutes of 2017; California Education Code (EC), Chapter 2, Section 8263 (a)(1)(B)(ii)(ll)
Attention: Executive Directors and Program Administrators of: Center-based Child Care (CCTR); California State Preschool (CSPP); Family Child Care Homes Education Networks (CFCC); Migrant (Center-based) (CMIG); CalWORKs Stage 2 (C2AP); CalWORKs Stage 3 (C3AP); California Alternative Payment Program (CAPP); Migrant Alternative Payment Program (CMAP)
Purpose
The purpose of this Management Bulletin (MB) is to notify California Department of Education (CDE), Early ELearning and Care Division (ELCD) contractors of the addition of statutory language related to eligibility for Child Care and Development programs. The new statutory language added to California Education Code (EC) Section 8263(a)(1)(B) provides that parents engaged in an educational program for English Language Learners (ELL) or a program to attain a high school diploma or general educational development (GED) certificate (which is now referred to in other parts of the EC as a High School Equivalency (HSE) certificate) will meet a qualifying need for child care and development services.
Background
Prior to January 1, 2018, EC Section 8263(a)(1)(B)(ii)(l) stated that a family “engaged in vocational training leading directly to a recognized trade, paraprofession, or profession” meets the need criteria for federal and state subsidized child care and development services, but did not specifically cite programs for ELLs, GED/HSE certificates, or high school diplomas as vocational training programs meeting the need criteria.
The California Code of Regulations, Title 5 (5 CCR) Section 18087(d) which implemented the referenced EC Section, does cite engagement in classes related to the GED/HSE test or ELL acquisition as meeting the vocational training program criteria, but only if “such courses support the attainment of the parent’s vocational goal.” As of January 1, 2018, this regulation is superseded by the statutory change.
On October 2, 2017, the Governor approved Assembly Bill 273, which amended EC 8263(a)(1)(B) to specifically provide as a qualifying need for child care services that a family needs the services because “the parents are engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.” AB 273 became effective as of January 1, 2018. There is no requirement in this statutory language that these educational programs be related to supporting the attainment of a vocational goal. At this time, there are no regulations in effect related to this statutory change.
Policy
Effective January 1, 2018, EC 8263(a)(1)(B)(ii)(II) provides that a family that is otherwise eligible for child care and development services and is enrolled in an educational program for ELLs or to attain a GED/HSE certificate or a high school diploma, meets the need requirement for enrollment in child care and development services. A family approved for services on this basis should continue to receive services for not less than 12 months. (See Management Bulletin 17-14 for information on 12-month eligibility.) Since there are no regulations in place, contractors are expected to immediately implement this statutory change based on the statute’s provisions, as clarified in this Management Bulletin.
Directive
Contractors should approve a family for child care and development services when a parent has been determined to have a need for services based on enrollment in:
- ELL courses or
- Courses to attain a GED/HSE certificate or high school diploma
Once certified, the family will meet the need requirement for enrollment in child care and development services for not less than 12 months. In order to be certified based on this need, contractors must be provided with written documentation evidencing the parent’s enrollment in a recognized ELL educational program or a program to attain a high school diploma or GED/HSE certificate. Child care service hours approved should be based on the number of hours supported by the written documentation and contractors shall include a reasonable number of additional hours for travel and study time. Contractors are advised to use 5 CCR 18087 as guidance as to what is a reasonable number of hours for travel and study time.
As a reminder, if there are two parents in the family, each parent must have a qualifying need for services (with the exception of need based on Child Protective Services/Children at Risk).
Note: In the future, regulations may be promulgated to implement this statutory change.
If you have any questions regarding the information in this management bulletin, please contact your assigned Early Learning and Care Field Services Consultant. A list of consultants can be found on the ELCD Consultant Regional Assignments Web page at https://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.