Expulsion from California State Preschool Programs

The California Department of Education (CDE) has issued instructions regarding expulsion or disenrollment from California State Preschool Programs for behavior.  These instructions implement AB 752 (2017).

Prior to expulsion or disenrollment for a child’s persistent and serious challenging behavior, the California State Preschool Program (CSPP) contractor must, within 180 days, take the following steps:

1. Consult with the child’s parents or legal guardians and teacher to maintain the child’s safe participation in the program.
2. Inform the parents or legal guardians of a child exhibiting persistent and serious challenging behaviors of how the CSPP will assist the child in order to safely continue to participate in the program.
3. If the child has an Individualized Education Plan (IEP) or Individualized Family Support Plan (IFSP), and with the parent or guardian’s written consent, consult with the local educational agency or the local regional center on how to serve the child.
4. If the child does not have an IEP or IFSP, consider (a) completing a universal screening including social and emotional development, (b) referring the parent or guardian to local community resources, and (c) implementing behavior supports, before referring the child to the local educational agency to request an assessment to determine the child’s eligibility for special education support and services, including a behavior intervention plan.
5. If after these steps concerns about safe participation remain, the contractor will consult with the child’s parents or legal guardians, the child’s teacher, and if applicable, the local educational agency providing special education services to the child.
6. If the contractor determines that the child’s continued enrollment would present a continued serious safety threat to the child or other enrolled children the contractor shall refer the parents or legal guardians to other potentially appropriate placements such as Resource and Referral agencies and programs, or other local referral services available in their community.
7. Once the reasonable steps outlined above have been completed, the contracting agency may then disenroll the child, subject to the due process requirements and procedures.

CDE identified several resources regarding children with challenging behavior.  (Management Bulletin 18-06, August, 2018.)

The California Department of Education (CDE) has issued instructions regarding the definition of homeless for purposes of child care eligibility.  Families who are homeless can be eligible for child care and development services.  CDE child care programs now use the definition of homeless in the federal McKinney-Vento Act.

The McKinney-Vento Act defines homeless children and youth as individuals lacking a fixed, regular, and adequate nighttime address and includes: 1) Children and youths who are sharing the housing because of loss of housing, economic hardship, or a similar reason;  2) Children and youths who may be living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; 3) Children and youth living in emergency or transitional shelters or are abandoned in hospitals; 4) Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; 5) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or 6) Migratory children who qualify as homeless because they are children who are living in similar circumstances listed above.

To meet child care eligibility requirements for being homeless, families must provide either 1) a written referral from a legal, medical or social services agency; a local education agency liaison for homeless children; a Head State Program; or an emergency or transitional shelter or 2) a written parental declaration that the family is homeless and a statement describing the family’s current living situation.

To meet the need requirement for receiving services as homeless, the family must either 1) provide a written referral from one of the entities listed above or 2) a written parental declaration of homelessness supported by documentation of at least one need requirement which includes seeking permanent housing for family stability, seeking employment, engaging in vocational training, participating in an education program for English Language Learners, or participating in a program to obtain a high school diploma or GED.

Agencies should support homeless families by enrolling homeless families pending submitting eligibility and need documentation, allowing immediate enrollment of homeless families without immunization records and giving a grace period to submit proof of immunization, not requiring a fixed address or mailing address, conducting outreach to homeless families, and providing or participating in training and technical assistance on identifying the homeless and serving homeless families.  (Management Bulletin 18-04, July, 2018.)

The California Department of Education (CDE) has issued instructions implementing AB 273 which makes parents engaged in English Language Learners (ELL) programs, high school diploma programs or GED certificate program eligible for child care and development services.  There is no longer a requirement that these educational programs be related to attaining a vocational goal to confer eligibility for child care.

Contractors should approve a family for child care and development services when the parent has a need for services based on enrollment in an ELL, high school diploma or GED program.  Once certified, families will be certified for have a need for child care for at least 12 months.  Families must submit written documentation of enrollment in an ELL, high school diploma or GED program to the contractor.  Child care hours should be based on the number of hours attending the program and reasonable hours for travel and study time.  (Management Bulletin 18-02, February, 2018.)