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Management Bulletin 24-10

Guidance on Suspension and Expulsion in California State Preschool Program Family Childcare Home Education Networks.

Early Education Division

Subject: Suspension and Expulsion Policies for Family Childcare Home Education Networks in the California State Preschool Program

Number: 24-10

Date: December 2024

Expires: Until rescinded or superseded by regulations

Authority: Assembly Bill (AB) 2806 (Chapter 915, Statutes of 2022); California Education Code (EC) sections 8243, 8489, and 8489.1

Attention: Executive Directors and Program Directors of California State Preschool Programs Operating Through a Family Childcare Home Education Network

Purpose

This Management Bulletin (MB) notifies and provides guidance to California State Preschool Program (CSPP) contractors providing services through a family childcare home education network (FCCHEN) of the new policy requirements for suspension and updated policy requirements for expelling or unenrolling a child from a program due to a child’s behavior.

This MB supersedes the California Code of Regulations, Title 5 (5 CCR) Section 17731 that contains requirements on expulsion or unenrollment of a child due to behavior.

Policy

Beginning January 1, 2025, EC sections 8489 and 8489.1 will apply to CSPP contractors providing services through a FCCHEN. This means that except in specific circumstances listed below in the “Directives for Implementation” section, per EC Section 8489.1(a) and (b), a program must not:

  1. Suspend a child due to a child’s behavior.
  2. Encourage or persuade a child’s parents or legal guardians to prematurely pick up a child due to a child’s behavior before the program day ends.
  3. Expel or unenroll a child because of a child’s behavior.
  4. Persuade or encourage a child’s parents or legal guardians to voluntarily unenroll from the program due to a child’s behavior.

Implementation Directives

Definitions

“Suspension” means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior.

Note: Moving a child to an isolated or separate room is considered "removing the child from the program." Providers may remove children from specific situations to allow the child to calm down or regain composure, such as taking the child for a walk or accompanying the child to an outdoor environment; however, the child must be returned to the rest of the group as soon as the child has calmed down and may not be removed for longer than 30 minutes. The child must also be accompanied and supervised by a qualified teacher at all times.

“Expulsion” means the permanent dismissal of a child from a program in response to a child’s behavior.

“Persistent and serious behaviors” means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limited to, physical aggression, property destruction, and self-injury.

“Provider” means a licensed family childcare home provider who participates in a CSPP FCCHEN and is an individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code (HSC) and is licensed pursuant to the requirement in Section 1596.80 of the (HSC).

Notification to Families Regarding Expulsion and Suspension Policies

Beginning January 1, 2025, upon enrollment of a child, a CSPP contractor providing services through a FCCHEN must notify the child’s parents or legal guardians of the policy on disenrollment, including expulsion and suspension. For currently enrolled children, the contractor must notify all families of the policy on suspension and expulsion by January 30, 2025. This notification must be in writing and must inform parents on how they may file an appeal to the California Department of Education (CDE) in the event of the expulsion or suspension of a child.

In addition, beginning January 1, 2025, in the event that a provider determines that suspension or expulsion is necessary after following the processes described in this MB:

  • The CSPP contractor must issue the child’s parent or legal guardian a written Notice of Action (NOA), Recipient of Services and follow the requirements described in 5 CCR Section 17783, except as noted below.
    • Since the action to suspend or expel a child involves persistent and serious behaviors impacting the safety of children, the child may not attend the program during the appeal process.
    • The effective date of the action may be no less than 24 hours after service of the notice. This is an exception to the notice periods in 5 CCR Section 17783(d)(1) through (3).
    • The CSPP contractor must, at the same time as issuing a NOA, inform the parent or guardian in writing of their right to file an appeal of the action to suspend or expel their child directly with the CDE by submitting a written request for an appeal hearing to EEDappeals@cde.ca.gov, no later than 14 calendar days after receipt of the notice. Note: This is different from current requirements for all other appeals. State law now includes a specific appeal procedure for suspension and expulsion of children in CSPP, which differs from the procedure required in 5 CCR Sections 17784 and 17785.

Documentation of Behaviors

When the provider identifies a behavior that significantly interferes with the learning of other children or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance, the provider shall document the behavior.

As soon as the behavior meets the definition of “persistent and serious”, provider must both document the behavior and provide that documentation to the contractor, pursuant to this MB. These behaviors include but are not limited to, physical aggression towards other children and/or provider(s), property destruction, and self-injury. Additionally, the contractor and the provider shall co-develop a plan to ensure the safe participation of all children in the program.

Suspension

Except in specific circumstances listed below, a program shall not do either of the following:

  1. Suspend a child due to a child’s behavior.
  2. Encourage, persuade, or require a child’s parents or legal guardians to prematurely pick up a child due to a child’s behavior before the program day ends.

Suspension must only be used as a last resort in extraordinary circumstances when there is a serious safety threat that cannot be reduced or eliminated without removal of the child. To the greatest extent possible, a provider and contractor must work together to ensure the full participation of enrolled children in all program activities.

If a provider determines there is a serious safety threat that cannot be reduced or eliminated without the removal of the child, the provider shall notify the contractor of the decision to suspend, including the duration of the suspension, as determined by the provider, and the contractor shall take immediate action to issue the NOA to the parent and implement the suspension.

If suspension is deemed necessary by a provider, the provider must notify the CSPP contractor immediately and the CSPP contractor and provider shall co-develop a written plan to document the action and supports needed to help the child return to full participation in all program activities as quickly as possible while ensuring child safety by doing at least, all the following:

  • The provider continues to engage the family to support the child.
  • The contractor supports the provider by referring the family to appropriate community resources, such as the local resource and referral agency, and supports the provider in accessing appropriate community resources that can support the provider, such as, but not limited to, an early childhood mental health consultant. To ensure this process is timely, contractors may schedule any associated meetings in a virtual format as needed.
  • If the child has an Individualized Family Service Plan (IFSP) or Individual Educational Program (IEP), the contractor, with written parental consent, must reach out to the agency responsible for the IFSP/IEP to discuss how to best support the child. The provider and the parents/guardians should be involved in this consultation to the extent possible.
  • The provider may request the contractor schedule a meeting with the contractor, family, and provider. To ensure this process is timely, contractors can schedule these meetings in a virtual format as needed.

Note: If removing the child from a specific situation to calm down for a brief time is a strategy used by the provider to return the child to full participation in program activities, then it must be documented in the child’s written plan and ratio requirements set forth in the California Code of Regulations, Title 22 (22 CCR) for family childcare homes must be followed at all times, and a fully qualified teacher, defined as having a minimum of an Associate Teacher permit issued by the California Commission on Teacher Credentialing, must be present with the child at all times.

In the 24-hour window before the suspension's effective date, the provider may contact the contractor for support, and the contractor will document what support was provided, as described in further detail below in the “Immediate Supports” section within the “Contractor Supports” section.

Expulsion

Except in specific circumstances listed below, a CSPP shall not do either of the following:

  1. Expel or unenroll a child because of a child’s behavior.
  2. Persuade or encourage a child’s parents or legal guardians to voluntarily unenroll from the program due to a child’s behavior.

If the child exhibits persistent and serious behaviors, the contractor and the provider shall collaborate to expeditiously pursue and document reasonable steps to maintain the child’s safe participation in the program, including but not limited to:

  • The contractor and the provider shall consult with the child’s parents or legal guardians, and, if available, the contractor shall engage an early childhood mental health consultant to support educators and caregivers in the co-development of a support plan. To ensure this process is timely, contractors may schedule these meetings in a virtual format as needed.
  • The contractor will provide written notice of the process the program must follow to the parents or legal guardians of a child exhibiting persistent and serious behaviors. This must include a description of the behaviors of the child and the co-developed plan for maintaining the child’s safe participation in the program.
  • If the child has an IFSP or IEP, the contractor shall reach out to the agency responsible for the IFSP/IEP to discuss how to best support the child. The provider and the parents or guardians should be involved in this consultation to the extent possible.
  • The contractor, in collaboration with the family and the provider, determines whether obtaining a comprehensive developmental screening is appropriate to identify the needs of the child, including, but not limited to:
    • Screening the child’s social and emotional development using resources such as, but not limited to, the “Ages & Stages Questionnaires: Social-Emotional” and the Centers for Disease Control and Prevention's (CDC) “Learn the Signs. Act Early.” materials
    • Referring the child’s parents or legal guardians to community resources
    • Implementing behavior supports within the program

If a CSPP contractor, in collaboration with the provider, has expeditiously pursued and documented the above reasonable steps to maintain the child’s safe participation in the program and the provider determines that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, the provider may determine to expel the child and the contractor must issue a NOA in accordance with the requirements set forth above and refer the parents or legal guardians to other potentially appropriate placements, the local childcare resource and referral agency, or other referral service available in the local community, and, to the greatest extent possible, support direct transition to a more appropriate placement.

This determination to expel the child is ultimately the provider’s to make; however, the decision must be made in consultation with the contractor, the parents or legal guardians of the child, and, if applicable, the local agency responsible for implementing the IFSP or IEP, as described above. To ensure this process is timely, contractors can schedule these meetings in a virtual format as needed.

The CSPP has up to 180 days to complete the expulsion process, as described above.

In the 24-hour window before the expulsion’s effective date, the provider may contact the contractor for support, and the contractor will document what support was provided, as described in further detail below in the “Immediate Supports” section within the “Contractor Supports” section.

Community Care Licensing

Pursuant to Section 1596.893c of the HSC, providers may appeal a citation or civil penalty issued by the California Department of Social Services (CDSS) Community Care Licensing Division that is related to the behavior of a child, including the actions of the facility or its staff related to the behavior of a child, if the facility is in the process of complying with EC Section 8489.1. State law requires CDSS to withdraw all citations or civil penalties upon the presentation of evidence by the facility that it was in the process of complying with EC Section 8489.1.

Contractor Supports

Contractors shall include within the provider’s service agreement what supports and resources are available for providers and what steps the contractor will take, in collaboration with the provider and the family, to prevent suspensions and expulsions and ensure the safety and well-being of all children in the program.

For new providers, contractors shall provide the documentation of available support and resources prior to enrolling any children in the provider’s care. For current providers at time of implementation, the contractor has 30 calendar days from the effective date of this MB to provide the documentation of available supports and resources to the providers in the FCCHEN.

If at any time a provider determines that a contractor is not adhering to their own policies and procedures or that the policies and procedures of the contractor do not adhere to the specific guidance issued pursuant to this MB, the provider is encouraged to contact the contractor’s Regional Program Quality Implementation (PQI) Consultant and their administrator for support, as found at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

Immediate Supports

In the 24-hour window prior to suspension or expulsion of a child, the provider shall reach out to the contractor for immediate supports and resources as needed, and this shall be documented by the contractor. Documentation shall include what resources they were able to provide and by what date, what resources they could not provide, and why. These supports and resources may include but are not limited to:

  • In-person supports such as support staff as respite or a specialist to provide consultation in the family childcare home.
  • Obtaining a comprehensive screening for the child, to identify the child’s developmental needs including but not limited to, identifying the child’s social, emotional, and behavioral skills.
  • Making referrals to get support for the child, the family, and the provider as needed.
  • Helping parents understand screening results and the parents’ role in the referral process for community resources and/or program’s plan for maintaining the child’s safe participation in the program.
  • Working with the family to secure a temporary caregiver during the suspension.

If the provider reaches out to the contractor for support and does not receive a response or the support within a reasonable amount of time, the provider may contact the CDE assigned Regional PQI Consultant and their administrator for support, as found here: https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

Preventative Supports

Family Education and Engagement:

The contractor shall provide all information to the provider about the family’s goals for the child and/or any support needed for the child shared by the family during the enrollment process, in advance of the first day of services.

The contractor shall pursue a minimum of two opportunities annually to engage or communicate with families around ways to support their child’s social and emotional development. These opportunities may be in-person or virtual. If the opportunities are in-person, the provider may, but is not required to, offer their space as a location for the contractor to meet these responsibilities. The contractor shall in no way pressure the provider to allow this engagement to happen in their home and must find an alternative in-person location, as needed. Topics may include but are not limited to:

  • Understanding My Child’s Behavior
  • Parenting Strategies for Challenging Behaviors
  • Trauma-Informed Care
  • Child Development
Recommendation for Training, Support and Resources:

The CDE strongly recommends and encourages that the contractor’s staff working directly with providers and program quality complete training in specified areas within six months of implementation of the policy and for newly hired staff within six months of hire. Training topics to support anti-suspension and expulsion shall include but are not limited to:

  • Creating Brave Spaces–Disrupting Implicit Bias in Early Care and Education
  • Trauma-Informed Care
  • Center on the Social and Emotional Foundations for Early Learning (CSEFEL) Teaching Pyramid
  • Responsive and Inclusive Early Learning and Care Environments

The above trainings are offered on the California Early Childhood Online (CECO) platform; all trainings are free and offered in English, Spanish, and Chinese.

Providers can also access training on topics that support the prevention of suspension and expulsion in family childcare homes through the Child Care Providers United Union (CCPU) Training Fund, the CSPP Quality Rating and Improvement System (QRIS) block grant (if applicable), Quality Counts California (QCC) Workforce Pathways Grant, and Family Child Care at Its Best.

Data Collection

Records for Suspension and Expulsion

A CSPP contractor shall maintain records on all the following information:

  1. The number of times the process for suspension was initiated during a program year, and the outcome of each reported instance, including, if applicable, how long a child was excluded from the program.
  2. The number of times the process for expulsion was initiated during a program year, and the outcome of each reported instance.
  3. The data collected pursuant to bullets (1) and (2) shall include the following, at minimum:
    1. Age
    2. Sex
    3. Race and ethnicity
    4. Foster status
    5. Home language
    6. Disability, if applicable, and whether the child has an IFSP or an IEP

Beginning July 1, 2030, if funds are appropriated by the Legislature for this purpose, CSPP contractors will be required to provide this data to the CDE annually.

Contract Monitoring Reviews

The CDE will also collect both qualitative and quantitative data through the contract monitoring review process, including contractors’ policies, procedures, and service agreements to ensure compliance with regulations and implementation guidance.

The collection of this data during the contract monitoring review process will help to determine if contractors are meeting the requirements of the contract they hold and that providers are receiving adequate support needed to operate a quality family childcare home education program.

Beginning July 1, 2024, the following information is being collected during the contract monitoring review process:

  • Number of providers on FCCHENs staff caseload
  • Documentation of coaching, training, and other supports provided to providers by contractors
  • Frequency of home visits, technical assistance and monitoring of providers by the contractor
  • Contactors’ processes and procedures for implementation of AB 2806, which includes their collaboration with providers
  • Processes and procedures for supporting families with referrals (e.g., mental health consultation, community resources, or special education)
  • Written policies for parents and providers regarding Suspension and Expulsion
  • Access to local resources (e.g., referrals, coaching, materials, and training)
  • Conversations with providers to determine what supports the contractor is providing around prevention of suspension and expulsion

Background and Authority

AB 752 (Chapter 708, Statutes of 2017) added EC Section 8239.1, requiring CSPP contracting agencies, in consultation with parents and guardians, to take specific steps before expelling or disenrolling a CSPP child. It was the stated intent of the Legislature by enacting AB 752 to significantly reduce the expulsion or disenrollment of children from the CSPP because of challenging behavior.

AB 752 also added HSC Section 1596.893c, which requires the CDSS to consider, in determining whether to issue a citation or impose a civil penalty to a CSPP, whether the CSPP was in the process of complying with legal requirements set forth in EC Section 8239.1.

The 5 CCR section 17783 describes the due process requirements for contractors when there are changes to a family’s service agreement including proposed disenrollment from services, and the due process procedures for a parent or guardian to challenge a proposed disenrollment. The 22 CCR Section 101223 describes personal rights afforded to children attending licensed childcare centers, which includes licensed CSPPs. The Individuals with Disabilities Education Act (IDEA) and related regulations, provide procedural safeguards to any student with a disability or suspected of being a student with a disability as defined by the IDEA (i.e., with an IEP). Prior to making any decisions to change the student’s placement (e.g., suspend for more than 10 days or to expel), the IEP Team must meet to determine whether the student’s conduct was caused by, or had a direct and substantial relationship to the students’ disability or whether the student’s conduct was a direct result of the local educational agency’s (LEAs) failure to implement the IEP. (See Section 300.530, of Title 34 of the Code of Federal Regulations).

AB 2806 (Chapter 915, Statutes of 2022) revoked EC section 8239.1 in its entirety, and replaced that section with EC sections 8489 and 8489.1. EC Section 8489.1 updated the requirements around expulsion and added new requirements limiting suspension in the CSPP. EC Section 8489 added definitions of suspension, expulsion, and persistent and serious behaviors, to further specify which exclusionary practices are no longer acceptable.

AB 2806 allows the CDE to implement EC Section 8489.1 through MBs or similar letters of instruction until regulations are filed with the Secretary of State. The CDE issued this guidance to center-based contractors through MB 23-08. Further, AB 2806 amended EC Section 8243, to update the requirements for Early Childhood Mental Health Consultation (ECMHC) services and to expand who can provide ECMHC services.

Pursuant to EC Section 8489.1(h) provisions on expulsions and suspensions were not applicable to FCCHENs until a specified joint labor management committee (JLMC) made recommendations for potential changes related to expulsion and suspension in family childcare home settings. On March 27, 2024, the State and CCPU concluded the JLMC and within ten days the State submitted the committee’s recommendations to the Legislature. This MB is intended to incorporate those recommendations from the JLMC with the implementation of EC sections 8489 and 8489.1.

Resources

The following are available resources to support CSPP contractors, providers, staff, and families regarding children with challenging behavior.

Material Resources and Information

Training or On-Site Technical Assistance or Coaching

Contact Information

If you have programmatic questions related to this MB, please contact your assigned EED, PQI office regional consultant. The EED, PQI regional consultant directory can be accessed at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

If you have fiscal questions about the information in this MB, please contact your assigned Early Education and Nutrition Fiscal Services (EENFS) fiscal analyst. The Fiscal Apportionment Analyst Directory web page can be accessed at https://www.cde.ca.gov/fg/aa/cd/faad.asp.

Pursuant to authority provided in AB 2806 (Chapter 915, Statutes of 2022) this Management Bulletin constitutes official guidance and thus the directives in this Management Bulletin with respect to implementing these sections are mandatory.

Questions:   Early Education Division | 916-322-6233
Last Reviewed: Friday, December 13, 2024
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