Cal. Educ. Code § 8222
Program Administration
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(a) Payments made by alternative payment programs shall not exceed the applicable market rate ceiling. Alternative payment programs may expend more than the standard reimbursement rate for a particular child. However, the aggregate payments for services purchased by the agency during the contract year shall not exceed the assigned reimbursable amount as established by the contract for the year. No agency may make payments in excess of the rate charged to full-cost families. This section does not preclude alternative payment programs from using the average daily enrollment adjustment factor for children with exceptional needs as provided in Section 8265.5.
(b) Alternative payment programs shall reimburse licensed child care providers in accordance with a biennial market rate survey pursuant to Section 8447, at a rate not to exceed the ceilings established pursuant to Section 8357.
(c) An alternative payment program shall reimburse a licensed provider for child care of a subsidized child based on the rate charged by the provider to nonsubsidized families, if any, for the same services, or the rates established by the provider for prospective nonsubsidized families. A licensed child care provider shall submit to the alternative payment program a copy of the provider’s rate sheet listing the rates charged, and the provider’s discount or scholarship policies, if any, along with a statement signed by the provider confirming that the rates charged for a subsidized child are equal to or less than the rates charged for a nonsubsidized child.
(d) An alternative payment program shall maintain a copy of the rate sheet and the confirmation statement.
(e) A licensed child care provider shall submit to the local resource and referral agency a copy of the provider’s rate sheet listing rates charged, and the provider’s discount or scholarship policies, if any, and shall self-certify that the information is correct.
(f) Each licensed child care provider may alter rate levels for subsidized children once per year and shall provide the alternative payment program and resource and referral agency with the updated information pursuant to subdivisions (c) and (e), to reflect any changes.
(g) A licensed child care provider shall post in a prominent location adjacent to the provider’s license at the child care facility the provider’s rates and discounts or scholarship policies, if any.
(h) An alternative payment program shall verify provider rates no less frequently than once a year by randomly selecting 10 percent of licensed child care providers serving subsidized families. The purpose of this verification process is to confirm that rates reported to the alternative payment programs reasonably correspond to those reported to the resource and referral agency and the rates actually charged to nonsubsidized families for equivalent levels of services. It is the intent of the Legislature that the privacy of nonsubsidized families shall be protected in implementing this subdivision.
(i) The department shall develop regulations for addressing discrepancies in the provider rate levels identified through the rate verification process in subdivision (h).
(a) Notwithstanding any other provision of this chapter to the contrary, the department shall do all of the following:
(1) Provide prospective California state preschool program contractors an equitable opportunity to establish trained workforces and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that meet either of the following:
(A) The applicant has not received a California state preschool program contract within the last five years.
(B) The applicant has not previously received a California state preschool program contract.
(2) Develop early learning resources, including, but not limited to, early learning resources regarding all of the following:
(A) The importance of early learning to improve school readiness for kindergarten and pupil outcomes in elementary and secondary schools.
(B) Best practices of existing successful early learning programs.
(C) Information on statutes and regulations pertaining to early learning programs.
(D) Instructions for paper and electronic applications for administrative and funding purposes relating to operating an early learning program, including requests for applications.
(3) Develop and communicate guidance to inform prospective and existing universal preschools, as defined in Section 8320, about current flexibilities available to serve children in mixed-income settings, such as through combining public funding and private tuition.
(4) Develop and implement a proactive one-time three-year outreach, capacity building, training, and technical assistance plan that shall target prospective and new contractors, and which shall include, but not be limited to, a plan for application technical assistance for prospective first-time California state preschool program contractors. The plan shall include both web-based and in-person opportunities for training and technical assistance.
(5) Disseminate information regarding training and technical assistance events, trainings, and resources through multiple communication channels, including, but not limited to, letters, departmental LISTSERVs, and social media.
(6) (A) Create, for purposes of more effective outreach and communication and to provide more services and educational opportunities to three- and four-year-old children, a separate webpage on its internet website that shall include, but not be limited to, all of the following:
(i) Detailed information on starting, funding, and operating a California state preschool program.
(ii) Existing resources from the department pertaining to technical assistance for early learning programs, including past and upcoming webinars and events.
(iii) The early learning resources described in paragraph (2).
(iv) Dates and times of upcoming trainings and technical assistance events conducted pursuant to paragraph (4).
(v) Online electronic applications.
(B) The department shall complete the webpage described in subparagraph (A), and make it publicly accessible, on or before January 1, 2026. The department shall annually update the webpage, including, but not limited to, updating the webpage to reflect any new or revised statutes or regulations.
(C) The department may modify the California state preschool program request for application requirements to simplify and streamline the application process for prospective California state preschool program contractors.
(b) This section shall only become operative upon appropriation by the Legislature for its purposes.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.