Article 5 - Family Fees

California Education Code — §§ 8252-8254

Sections (3)

Amended by Stats. 2023, Ch. 193, Sec. 4. (SB 140) Effective September 13, 2023.

(a)The Superintendent shall use the fee schedule developed in conjunction with the State Department of Social Services for families using full-day preschool services pursuant to this chapter, including families receiving services pursuant to subdivision (a) of Section 8211.

(b)Families shall be assessed a single flat monthly fee for all state subsidized early childhood services received, including California state preschool program services and services received through childcare and development programs administered by the State Department of Social Services, pursuant to Section 10290 of the Welfare and Institutions Code.

(c)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.

(d)Family fees shall be assessed at initial enrollment and reassessed at recertification.

(e)Family fees shall be used by contractors to pay reasonable and necessary costs for providing additional services.

(f)Family fees shall not be based on the cost of care or amount of subsidy payment.

(g)Notwithstanding any other provision of

this article, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of Chapter 116 of the Statutes of 2021.

(h)(1) Notwithstanding any other law, family fees shall not be collected for the 2022–23 fiscal year.

(2)Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees.

(i)(1) Notwithstanding any other law, family fees shall not be collected between July 1, 2023, and September 30, 2023, inclusive.

(2)Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without

deducting family fees.

(j)Family fees accrued but uncollected prior to October 1, 2023, may be forgiven and not collected.

(k)(1) A California state preschool program or childcare provider paid with childcare subsidies, including, but not limited to, a family childcare home provider participating in a family childcare home education network, shall not absorb a reduction in pay for the California state preschool program space or voucher on account of a waiver of or reduction in family fees.

(2)The number of California state preschool program contracted spaces and childcare contracted spaces shall not be reduced on account of a reduction in the collection of family fees.

§ 8253

Added by renumbering Section 8273.1 by Stats. 2021, Ch. 116, Sec. 103. (AB 131) Effective July 23, 2021.

(a)A family that receives services pursuant to paragraph (1) of subdivision (a) of Section 8211 may be exempt from family fees for up to 12 months.

(b)Notwithstanding any other

law, a family receiving CalWORKs cash aid shall not be charged a family fee.

(c)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 eligible families whose children are enrolled in that program pursuant to Article 2

(commencing with Section 8207).

§ 8254

Added by renumbering Section 8273.3 by Stats. 2021, Ch. 116, Sec. 104. (AB 131) Effective July 23, 2021.

(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 family childcare home 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 family childcare home provider may require parents to provide diapers or charge parents for field trips, subject to all of the following conditions:

(1)The contractor or

family childcare home 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 family childcare home provider does not charge fees in excess of twenty-five dollars ($25) per child in a contract year.

(3)The contractor or family childcare home 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 family childcare home provider does not take adverse action against a parent for the parent’s inability or refusal to pay the fee.

(c)A contractor or

family childcare home provider shall establish a 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.