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Legal Resources | Education Code |  EC  8468.5  

Priority for enrollment   

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(a) Priority for enrollment in programs supported under this article shall be as follows:

(1) First priority shall be given to recipients of child protective services for children who are neglected or abused, or at risk of being neglected or abused, upon written referral from a legal, medical, social service, or public agency. Within this priority, families with the lowest gross monthly income shall be admitted first. When an agency is unable to enroll a child in need of protective services, the agency shall refer the family to local resource and referral services to locate services for the child.

(2) Second priority shall go to children in kindergarten and grades 1 to 3, inclusive, and their schoolage siblings under the age of 13 years, whose families need extended day care services because parents are engaged in vocational training leading directly to a recognized trade, paraprofession or profession; are employed or seeking employment; or are incapacitated. Within this priority, families with the lowest gross monthly income in relation to family size shall be admitted first.

(3) Third priority shall go to children in grades 4 to 9, inclusive, and their schoolage siblings under the age of 13 years, whose families need extended day care services because parents are engaged in vocational training leading directly to a recognized trade, paraprofession or profession; are employed or seeking employment; or are incapacitated. Within this priority, families with the lowest gross monthly income in relation to family size shall be admitted first.

(4) Agencies may apply to the Superintendent of Public Instruction for a waiver of these priorities, and it may be subject to criteria as may be established by the State Department of Education including all of the following:

(A) Needs assessment.

(B) Community concurrence.

(C) Cost-effectiveness.

(D) Good faith effort to meet the extended day care needs of the siblings of children to be serviced. Nothing in this section alters the priorities specified in this article but is intended, rather, to more effectively meet local needs.

(5) Each program shall serve individuals with exceptional needs, as defined in Section 56026. The percentage of children who are individuals with exceptional needs in each program shall at least equal the percentage of children in kindergarten and grades 1 to 8, inclusive, residing in the school district and receiving special education services, unless the demand for this level of service does not exist. Agencies shall report the delivery of services to children with exceptional needs to the State Department of Education.

(6) To the extent possible, and within the parameters contained in this section, programs should serve a mix of children that reflects substantially the varying socioeconomic, racial, and ethnic backgrounds of the school district in which the agency is located, and a mix of subsidized and nonsubsidized children.

(b) In order for an extended day care program to receive funding, pursuant to this article, for a child served, the child's family shall meet at least one requirement in each of the following areas:

(1) A family shall be one of the following:

(A) A recipient of benefits under the Aid to Families with Dependent Children program, the Supplemental Security Income/State Supplementary Program, or a general assistance program.

(B) Income eligible, with first priority to be given to families with the lowest gross monthly income, adjusted for family size. "Income eligible," for this purpose, means that a family's adjusted monthly income is at or below 84 percent of the state median income, adjusted for family size at the time of initial enrollment, and does not exceed 100 percent of the state median income, adjusted for family size.

(C) One whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.

(2) A family shall need the child care service because the requirements of either subparagraph (A) or (B) apply.

(A) The child is identified by a legal, medical, or social service agency as meeting one or more of the following criteria:

(i) The child is a recipient of protective services.

(ii) The child is neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.

(iii) The child has a medical or psychiatric special need that cannot be met without the provision of extended day care.

(B) The child's parents meet one of the following criteria:

(i) The parents are engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.

(ii) The parents are employed or seeking employment.

(iii) The parents are incapacitated, including a medical or psychiatric need that cannot be met without the provision of extended day care.

(c) The Superintendent of Public Instruction shall establish guidelines according to which the head teacher or a duly authorized representative of the extended day care program shall certify children as eligible for state reimbursement pursuant to this article:

(d) The Superintendent of Public Instruction may grant specific waivers to agencies proposing to accept eligible members of special populations in other than strict income order so long as appropriate fees are paid. The waivers may be used to enable agencies to meet the requirements of this article to serve children with exceptional needs.

(Amended by Stats. 1991, Ch. 1199, Sec. 5.)

Reference:

Education Code 56026