The California Department of Social Service (CDSS) has issued a Child Care Bulletin (CCB) regarding the implementation of Assembly Bill (AB) 2806 which implements new rules limiting the expulsion and suspension of children in child care and development programs. AB 2806 mandates that the CDSS contracting agencies, in consultation with parents and guardians, must take certain measures before expelling or suspending children from services. The intent of the legislation is to significantly reduce the number of children expelled or suspended from programs. Additionally, the legislation provide special safeguards for children with Individualized Education Programs (IEP) or Individualized Family Support Plans (IFSP), ensuring their disabilities are appropriately addressed in cases of disciplinary action within educational settings. A child cannot be suspended for more than 10 days without re-convening with Local Education Agency parents and relevant members to consider special support services.
Effective January 21, 2023 child care contractors in programs like general child care and development CCTR (centers only), migrant child care and development programs excluding migrant alternative payment programs (CMIG), and childcare and development service for children with severe disabilities (CHAN), are mandated to comply with certain requirements before expelling a child. This does not apply to licensed family child care providers until a joint labor-management committee makes recommendations.
Programs cannot suspend a child due to behavior or urge parents to pick up their children prematurely. Suspension should only occur in exceptional circumstances where there is a safety threat that can otherwise be resolved. Before deciding on suspension programs must collaborate with parents or legal guardians to use resources to try and avoid suspension. If the suspension is still deemed necessary, programs must facilitate the child’s return to participation by engaging with parents, developing a plan, offering referrals to community services, and, if the child has an IFSP or IEP with written parental consent, contacting the agency responsible for seeking consultation.
Programs cannot expel a child due to behavior or encouraging parents to voluntarily enroll their child in programs due to behavior. Before expulsion, programs must take immediate action including consulting parents, mental health professionals, and teachers to ensure the child’s safety in the program. If the child has an IFSP or IEP and with written parental consent, the agency responsible should be contacted to seek consultation and if appropriate comprehensive screenings to address the child’s needs. If after all this a program determines that a child’s participation is a serious safety threat, it should assist the parents in finding other suitable enrollment.
Contractors must follow due process requirements when proposing disenrollment.
Beginning July 1, 2023, upon enrolling, programs are required to inform parents and legal guardians in writing about limitations on expulsion and suspension along with information on how to appeal both. In the event a child is suspended or expelled they must be issued a “Notice of Action, Recipient of Services,” as described in Section 18095 of Title 5 of the California Code of Regulations. If a child is suspended guardians must be notified 24 hours in advance. Parents and guardians must appeal within 14 days of being notified of expulsion or suspension.
Future guidance for data collection will be provided for contractors but for now, they must maintain records on the number of times expulsion/suspension was initiated, the outcome, and how long a child was excluded. The data should include for each child, at a minimum, age, sex, race, ethnicity, foster status, home language, disability, and whether the child has an IFSP or IEP. (CCB 23-24, September 6, 2023.)