§ 8245.5
546 words·~2 min read·
/ca/education-code/8245-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Notwithstanding any other law, for the 2022–23 fiscal year only, contracting agencies operating a California state preschool program shall be reimbursed according to paragraph (2), if they meet either of the following requirements:
(A)The program is open and operating in accordance with their approved program calendar and remains open and offering services through the program year.
(B)The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic.
(2)Reimbursement pursuant to paragraph
(1)shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent.
(3)A California state preschool program that is physically closed as described in subparagraph
(B)of paragraph
(1)due to the COVID-19 pandemic, but funded to be operational, shall provide distance learning services, as specified by the Superintendent, for the program. A contractor specified in paragraph
(1)shall submit a distance learning plan to the department overseeing their contract pursuant to guidance from the Superintendent.
(b)Notwithstanding any other law, reimbursement for full-day and part-day California state preschool family childcare home education network providers for the 2022–23 fiscal year shall be based on the maximum certified hours of care for all families, including families certified for a variable schedule, regardless of attendance.
(c)Notwithstanding any other law, commencing July 1, 2023, to June 30, 2025, inclusive, if a program is open and operating in accordance with their approved program calendar and remains open and offering services through the program year, the contract reimbursement amount shall be based on the lesser of either of the following:
(1)One hundred percent of the contract maximum reimbursable amount.
(2)Net reimbursable program costs.
(d)Notwithstanding any other law, commencing January 1, 2023, and to July 1, 2028, inclusive, reimbursement for full-day and part-day California state preschool family childcare home education network providers shall be based on the maximum certified hours of care for all families, including families certified for a variable schedule, regardless of attendance, less any allowable administrative expenses withheld by the contractor.
(e)If the provisions of subdivisions (c), (d), (f), and
(g)are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(f)Commencing July 1, 2025, and through June 30, 2026, if a program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement shall be based on the lesser of the following:
(1)The maximum reimbursable amount stated in the contract.
(2)Net reimbursable program costs.
(g)Commencing July 1, 2026, the contract reimbursement shall be based on the lesser of the following:
(1)The maximum reimbursable amount stated in the contract.
(2)Net reimbursable program costs.
(3)The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section.