Article 11.5. Family Fees of California Education Code >> Division 1. >> Title 1. >> Part 6. >> Chapter 2. >> Article 11.5.
(a) The Superintendent shall establish a fee schedule for
families using preschool and child care and development services
pursuant to this chapter, including families receiving services
pursuant to paragraph (1) of subdivision (b) of Section 8263. It is
the intent of the Legislature that the new fee schedule shall be
simple and easy to implement.
(b) The family fee schedule shall retain a flat monthly fee per
family. The schedule shall differentiate between fees for part-time
care and full-time care.
(c) Using the most recently approved family fee schedule pursuant
to subdivision (f) of Section 8447, families shall be assessed a flat
monthly fee based on income, certified family need for full-time or
part-time care services, and enrollment, and shall not be based on
actual attendance. No recalculation of a family fee shall occur if
attendance varies from enrollment unless a change in need for care is
assessed.
(d) The Superintendent shall design the new family fee schedule
based on the state median income data that was in use for the 2007-08
fiscal year, adjusted for family size. The revised family fee
schedule shall begin at income levels at which families currently
begin paying fees. The revised fees shall not exceed 10 percent of
the family's monthly income. The Superintendent shall first submit
the adjusted fee schedule to the Department of Finance for approval.
(e) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act (42
U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section
12000) of Part 3 of Division 9 of the Welfare and Institutions Code
shall not be included in total countable income for purposes of
determining the amount of the family fee.
(f) Family fees shall be assessed at initial enrollment and
reassessed at update of certification or recertification.
(g) It is the intent of the Legislature that the new family fees
shall be cost neutral to the state and generate roughly the same
amount of revenue as was generated under the previous family fee
schedule.
(a) Families receiving services pursuant to subparagraph
(B) of paragraph (1) of subdivision (b) of Section 8263 may be exempt
from family fees for up to three months.
(b) Families receiving services pursuant to subparagraph (C) of
paragraph (1) of subdivision (b) of Section 8263 may be exempt from
family fees for up to 12 months.
(c) The cumulative period of time of exemption from family fees
for families receiving services pursuant to paragraph (1) of
subdivision (b) of Section 8263 shall not exceed 12 months.
(d) Notwithstanding any other law, a family receiving CalWORKs
cash aid shall not be charged a family fee.
(e) Notwithstanding any other law, commencing with the 2014-15
fiscal year, family fees shall not be assessed for the part-day
California preschool program to income eligible families whose
children are enrolled in that program pursuant to Article 7
(commencing with Section 8235).
Commencing with the 2014-15 fiscal year, the adopted family
fee schedule that was in effect on July 1, 2014, shall remain in
effect.
(a) The family fee schedule shall provide, among other
things, that a contractor or provider may require parents to provide
diapers. A contractor or provider offering field trips either may
include the cost of the field trips within the service rate charged
to the parent or may charge parents an additional fee. Federal or
state money shall not be used to reimburse parents for the costs of
field trips if those costs are charged as an additional fee. A
contractor or provider that charges parents an additional fee for
field trips shall inform parents, before enrolling the child, that a
fee may be charged and that no reimbursement will be available.
(b) A contractor or provider may require parents to provide
diapers or charge parents for field trips, subject to all of the
following conditions:
(1) The contractor or provider has a written policy adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(A) Whether or not, and how much, to charge for field trip
expenses.
(B) Whether or not to require parents to provide diapers.
(2) The contractor or provider does not charge fees in excess of
twenty-five dollars ($25) per child in a contract year.
(3) The contractor or provider does not deny participation in a
field trip due to a parent's inability or refusal to pay the fee.
(4) The contractor or provider does not take adverse action
against a parent for the parent's inability or refusal to pay the
fee.
(c) A contractor or provider shall establish a payment system that
prevents the identification of children based on whether or not a
child's family has paid field trip fees.
(d) The contractor or provider shall report expenses incurred and
income received for field trips to the department. Income received
shall be reported as restricted income.