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.