Attention: All CalWORKs Stage 3 and Alternative Payment Program Executive Directors and Program Administrators

Child Development Division

Subject: Parent Voices vs. Jack O’Connell, CDE and John Wagner, CDSS	Number: 10-15
Authority: Alameda County Superior Court – Order Granting Relief by Judge Wynne Carvill – Case No. RG10-544021	Date: November 2010 Expires: June 30, 2011

Purpose

The purpose of this Management Bulletin is to rescind Management Bulletin 10-10 and provide instruction to contractors on implementation of the November 5, 2010, decision issued by Judge Wynne Carvill of the Alameda County Superior Court, in the Parent Voices Oakland, et al. vs. Jack O’Connell, et al. Pursuant to that decision, the California Department of Education (CDE) was informed that the Management Bulletin (MB) implementing the Governor’s veto was deficient. The Court required the Department to instruct contractors regarding rescinding prior Notices of Action (NOAs) and the issuance of new NOAs. At this time, the Department is instructing contractors to rescind all previous NOAs terminating Stage 3 child care services, until such time as a management bulletin can be issued containing new directions.

Background

On October 8, 2010, Governor Arnold Schwarzenegger vetoed $256 million from CalWORKs Stage 3 child care, which eliminated the program’s services effective November 1, 2010. The CDE implemented the veto through MB 10-10, issued on October 12, 2010, which included instructions on issuance of a NOA and requested contractors work with families identifying other child care alternatives. 

On October 28, 2010, a coalition of public interest law groups petitioned the Alameda County Superior Court for an injunction to keep the funds in place and to require the CDE to halt the implementation of the Governor’s veto. On October 29, 2010, the CDE was informed that Judge Wynne Carvill issued an Order Granting Interim Relief until November 5, 2010, to allow the Court to hear evidence in this case on November 5, 2010, and make a final ruling on the petition for injunctive relief.

On November 5, 2010, Alameda County Superior Court Judge Wynne Carvill directed the CDE to rescind previously issued NOAs and to provide service to CalWORKs Stage 3 eligible families pending the transmission of another NOA terminating services.

Directions

Under the Parent Voices Oakland, et al. vs. Jack O’Connell, et al. decision, the CDE is required to rescind MB 10-10 and instruct contractors to rescind the NOAs they sent to CalWORKs Stage 3 families and families transferring to Stage 3 informing them that as of November 1, 2010, their child care services would be terminated.

Effective immediately, MB 10-10 is hereby rescinded and CalWORKs Stage 3 contractors should inform their parents by any means available, including, but not limited to phone, fax, and e-mail, that child care services will continue until further notice. There is no need to issue a new NOA rescinding the NOA issued pursuant to MB 10-10 because that management bulletin is rescinded.

Effective immediately, families transferring to CalWORKs Stage 3 programs from Stage 1 or Stage 2 should be informed by any means available, including but not limited to phone, fax, and e-mail, that they will be enrolled in and receive services in Stage 3 until further notice. There is no need to issue a new NOA rescinding the NOA issued pursuant to MB 10-10 because that management bulletin is rescinded.

Information to Providers

When notifying the family, the Child Development Division (CDD) strongly encourages contractors to update child care providers serving these families regarding the status of their eligibility for services.

Policy

The CDE is aware that implementation of the court’s order will impose additional administrative costs on contractors. Because the instructions in this MB are required by an order of the court, administrative costs incurred to implement this MB are reimbursable costs within the definition of Section 18304 of the California Code of Regulations, Title 5. If these costs exceed the cap on your administration and support claim, the CDD is committed to seeking funding to support these costs.

Questions regarding the information in this Management Bulletin or the process by which families receiving CalWORKs child care must be terminated should be addressed to your CDD Field Services Consultant or by phone at 916-322-6233.

Rally against cuts to Stage 3 funding for child care

For more information, please contact Fred Munoz at 323.421.2602 or fmunoz@crystalstairs.org

Para mas informacion, pongase en contacto con Fred Munoz al 323.421.2602 o fmunoz@crystalstairs.org

California Budget Deal Done -- Finally

On the 100th day of the fiscal year, California lawmakers approved the tardiest budget in state history this morning after a marathon session at the Capitol.
The $87.5 billion spending plan relies on rosy assumptions about revenues from taxpayers and the federal government, as well as reductions to state worker pay, prisons, and social services. Gov. Arnold Schwarzenegger expects to sign it as soon as today, enacting the final budget of his gubernatorial career.

The last vote was cast in the Senate at 8:25 a.m. The package of spending bills had been held up in the upper house for hours as Democratic leaders tried to overcome the loss of three of their members - two to illness and one to a court date in Los Angeles.

State leaders faced a $19 billion deficit that the result of faulty solutions in last year's budget, as well as a prolonged economic downturn and a permanent imbalance between how much California spends and how much it receives in revenues.

Republicans and Democrats disagreed for months over how much spending to cut and whether to raise taxes. But their debate in the final days ultimately seemed to hinge on whether Democrats and labor unions would agree to cut pensions for future state workers, which Schwarzenegger demanded all year.

In the end, Democrats helped broker a deal between Schwarzenegger and the largest state worker union, Service Employees International Union Local 1000, to establish a lower tier of pension benefits for workers hired starting in mid-November.

By Kevin Yamamura and Torey Van Oot

kyamamura@sacbee.com
Published: Friday, Oct. 8, 2010 - 8:57 am

Budget Update

The State Level

The Legislature and the Governor broke another record this year. This year’s budget impasse is the longest in history. As it turns out, the second week of October and a budget deal seems imminent.

The Budget Conference Committee is meeting today to finalize the last negotiations put forth by the Big 5. It is assumed that an announcement will be made later today or tomorrow about a final deal and that the Governor will sign the bill by week’s end.

No one seems to be excited about this year’s budget deal, and in fact, additional reductions were offered in an effort to close the $19 Billion budget deficit. These reductions, include a $48 million reduction to child care (although we have yet to see what those reductions are).

The Governor did sign and veto child care legislation. Below is a summary of those bills:

A summary of the bills that resulted in action by the Governor:

Approved by Governor with Chapter Number:

AB 222 (Adams) (Chapter 431) – As of January 1, 2011, would require Trustline registry of persons 18 years and older providing care or supervision in an ancillary child care center (i.e. athletic club, business for children of clients or customers). Fees consistent with the cost of processing the applications and maintaining the Trustline registry would be imposed.

AB 434 (Block) (Chapter 229) – Would allow the After School Education and Safety (ASES) Program site supervisor to be included under the direct service costs as long s 85 percent of their time is spent at the program site. Approved by the Governor on September 23, 2010.

AB 2084 (Brownley) (Chapter 593) – Would require licensed child care facilities to follow guidelines relating to serving beverages. When milk is served to children two years of age and older, is to be one percent or nonfat, would limit juice servings, and prohibit serving beverages with sweetener additives. Certain exemptions with physician notice would apply and amendments would not apply to beverages provided by a parent or legal guardian for their child.

AB 2178 (Torlackson) (Chapter 462) – Would allow local education agencies (LEAs) to share pupil data with their contracted ASES Programs and 21st Century Community Learning Centers (CLCs). Data in the aggregate to include information on school attendance, standardized test scores, high school exit exam scores, English language development test placement or reclassification score, and California Health Survey results.

SB 798 (DeSaulnier) (Chapter 479) – With respect to 21st Century CLCs, would require the reallocation of excess funds in a fiscal year as follows: 35 percent to centers serving high school students; 50 percent to centers serving elementary and middle school students; and 15 percent to summer programs serving elementary and middle school students. Priority would go to programs with expiring grants if the programs have satisfactorily met their projected student outcomes.


SB 1116 (Huff) (Chapter 286) – Would define heritage schools that offer foreign language education for children from 4 years, 9 months to 18 years old for purposes of requiring fingerprinting and background checks on staff, attendance at health and safety training of director, and notifying parents if school does not hold a child care license. Approved by the Governor on September 23, 2010.

SB 1381 (Simitian) (Chapter 705) – Will change the required birthday for kindergarten and 1st grade entry to November 1 for the 2012-13 school year, October 1 for the 2013-14 school year and September 1 for the 2014-15 school year and thereafter. Children whose admission to a traditional kindergarten would be delayed would be admitted to a transitional kindergarten program maintained by the school district. Children enrolled in the transitional kindergarten program will be computed in the average daily attendance of the school district. The district will be limited to counting the child’s attendance for up to two years in kindergarten or two years of transitional kindergarten combined.

SCR 47 (DeSaulnier) (Chapter 78) – States legislative intent to increase funding for State-contracted child care and development centers and preschool programs eligible for the Standard Reimbursement Rate (SRR) as the resources become available to pay adequate staff salaries and benefits, support program quality, and keep programs open to serve low-income children and their families. Filed by Secretary of State on August 1, 2010.

Vetoed by the Governor with his veto message:
 
AB 1876 (Torlackson) – Would have allowed ASES Programs to operate on weekends, paid from the program’s maximum grant or supplemental grant. The Governor’s veto message stated, in part, “The need is so great for these valuable after school programs that there is still not enough funding to meet the long waiting list of schools and students seeking to have an after school program. As a result, with so many program applications pending on the waiting list to start offering services during the regular school week, I do not believe it is prudent to expand to weekend hours at this time. For these reasons, I am unable to sign this bill.”


AB 2478 (Mendoza) – Any person entering school property or its adjacent who is disruptive with the intent to threaten the immediate public safety of any student arriving, attending or leaving any preschool, kindergarten or grades 1 to 8 will be guilty of a public offense. The Governor’s veto message stated, ““I believe it is important to ensure the physical safety of all students, but the protection provisions of this bill do not include students in grades 9 through 12. I am also concerned that the provisions of this bill would likely be ineffective, limited to situations where the person charged with interfering with the peaceful conduct of a school would have to have the specific intent to physically harm students rather than causing a disruption that causes physical harm. Since this bill is too narrowly drawn and otherwise duplicates existing law governing the crime of making criminal threats, I am unable to sign this measure.”