AB 2133, as amended, Chu. Child care: alternative payment programs: appeals process.
Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care.
This bill would require the department to establishbegin delete anend deletebegin insert a 2-stepend insert appeals process for parents who receive child carebegin delete subsidiesend deletebegin insert subsidies, as specified,end insert andbegin insert
a 2-step appeals processend insert for family child care providers who receive child care subsidy payments, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature to do all of the
2following:
P2 1(a) To ensure that parents eligible for child care subsidies
2through the alternative payment program, also known as the
3contractor, receive accurate and reliable information as to their
4eligibility for services and their right to choose the appropriate
5early education program for their child, and that eligible providers
6are able to care for subsidized children in accordance with state
7statute.
8(b) To ensure that the providers of care receive appropriate
9referrals and accurate and timely payment for their services.
10(c) To establish appeals processes to ensure that parents and
11providers have administrative remedies when they have reason to
12believe that a decision by an alternative payment program is
13incorrect.
Section 8221.6 is added to the Education Code, to
15read:
begin insert(a)end insertbegin insert end insert The department shall establish a two-step appeals
17process for parents who receive subsidies that includes a first step
18within the alternative payment program agency with the hearing
19officer being an administrative employee other than the employee
20who made the decision that is being appealed, and a second step
21within thebegin delete department’s early education and support division.end deletebegin insert Early
22Education and
Support Division.end insert The department’s decision shall
23be final.
24
(b) (1) (A) The contractor through the notice of action shall
25notify the parent of his or her appeal rights as established under
26this section any time a notice of action is sent to the parent. As
27used in this section, “contractor” means the local contracting
28agency that has entered into an agreement with the department
29for an alternative payment program.
30
(B) The contractor shall complete a notice of action if the
31application for services is approved, or when changes are made
32to the service agreement. These changes may include, but are not
33necessarily limited
to, an increase or decrease in parent fees, an
34increase or decrease in the amount of services or termination of
35services, or a violation of parental choice.
36
(C) The contractor shall mail or deliver the notice of action to
37the parent at least 14 calendar days before the effective date of
38the intended action.
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(D) If the parent disagrees with an action, the parent may file
2a request for a hearing with the contractor within 30 calendar
3days of the date the notice of action was received.
4
(E) Upon the
filing of a request for hearing, the intended action
5shall be suspended until the review process has been completed.
6The review process is complete when the appeal process has been
7exhausted, including the second step at the department, or when
8the parent abandons the appeal process.
9
(F) Within 10 calendar days following the receipt of the request
10for a hearing, the contractor shall notify the parent of the time
11and place of the hearing. The time and place of the hearing shall,
12to the extent possible, be convenient for the parent.
13
(G) The hearing shall be conducted by an administrative staff
14person who shall be referred to as “the hearing officer.” The
15hearing officer
shall be at a staff level higher in authority than the
16staff person who made the contested decision.
17
(H) The parent, or the parent’s representative of his or her
18choosing, shall be required to attend the hearing. If the parent or
19the parent’s representative fails to appear at the hearing, the
20parent shall be deemed to have abandoned the appeal.
21
(I) The contractor shall arrange for the presence of an
22interpreter at the hearing if one is requested by the parent.
23
(J) The hearing officer shall explain
to the parent the legal,
24regulatory, or policy basis for the intended action.
25
(K) During the hearing, the parent shall have an opportunity
26to explain the reason or reasons he or she believes that the
27contractor’s decision was incorrect. The contractor’s staff shall
28present any material facts they believe were omitted by the parent.
29
(L) The hearing officer shall mail or deliver to the parent a
30written decision within 10 calendar days after the hearing.
31
(2) If the parent is receiving Stage 1 CalWORKs
child care
32funding, the appeals process applicable to the CalWORKs program
33pursuant to Chapter 2 (commencing with Section 11200) of Part
343 of Division 9 of the Welfare and Institutions Code shall apply.
35
(c) (1) If the parent disagrees with the written decision from
36the contractor, the parent has 30 calendar days in which to appeal
37to the Early Education and Support Division.
38
(2) If the parent does not submit an appeal request to the Early
39Education and Support Division within 30 calendar days, the
P4 1parent’s appeal process shall be deemed abandoned and the
2contractor may implement the intended action.
3
(3) The parent shall specify in the appeal request the reason or
4reasons why he or she believes the contractor’s decision is
5incorrect.
6
(4) Upon receipt of an appeal request, the Early Education and
7Support Division shall request copies of the basic data file
8including the intended notice of action and the contractor’s written
9decision and other relevant materials from the contractor. The
10Early Education and Support Division may also conduct any
11investigations, interviews, or mediation necessary to resolve the
12appeal.
13
(5) The decision of the Early Education and Support Division
14shall be mailed or delivered
to the parent and the contractor within
1530 calendar days after receipt of the appeal request.
16
(d) (1) The contractor shall comply with the decision of the
17Early Education and Support Division immediately upon receipt
18of that decision.
19
(2) The contractor shall be reimbursed for child care and
20development services that are delivered to a family during the
21appeal process.
22
(3) If a contractor’s determination that a family is ineligible is
23upheld by the Early Education and Support
Division, services to
24the family shall cease upon receipt of the Child Development
25Division’s decision by the contractor.
26
(e) As used in this section, “Early Education and Support
27Division” means the Early Education and Support Division of the
28department.
Section 8221.7 is added to the Education Code, to
30read:
begin insert(a)end insertbegin insert end insert The department shall establish a two-step appeals
32process for licensed and license-exempt family child care providers
33who receive subsidy payments through an alternative payment
34program. The first step shall be within the alternative payment
35program agency with the hearing officer being an administrative
36employee other than the employee who made the decision that is
37being appealed, and a second step within thebegin delete department’s early begin insert
Early Education and Support
38education and support division.end delete
39Division.end insert The department’s decision shall be final.
P5 1
(b) (1) The contractor, through the certificate that authorizes
2the provider to care for a child in the subsidy program, shall notify
3the provider of his or her appeal rights as established under this
4section. Appealable issues may include, but are not necessarily
5limited to, initial approval or denial of care, accurate payments
6for services rendered, and timeliness of payments for services
7rendered. As used in this section, “contractor” means the local
8contracting agency that has entered into an agreement with the
9department for an alternative payment program.
10
(2) The contractor, through the certificate of authorization for
11care, shall initially notify the provider
of the terms and conditions
12of services to a parent and his or her children and any changes
13thereafter. The contractor shall mail or deliver the notice of
14changes to the provider at least 14 calendar days before the
15effective date of the intended change. If the provider disagrees
16with an action, the provider may file a request for a hearing with
17the contractor within 30 calendar days of the date the notice was
18received by the provider.
19
(3) Upon the filing of a request for hearing, the intended action
20shall be suspended until the review process has been completed.
21The review process is complete when the appeal process has been
22exhausted, including the second step at the department or when
23the provider abandons the appeal process.
24
(4) Within 10 calendar days following the receipt of the request
25for a hearing, the contractor shall notify the provider of the time
26and place of the
hearing. The time and place of the hearing shall,
27to the extent possible, be convenient for the provider.
28
(5) The hearing shall be conducted by an administrative staff
29person who shall be referred to as “the hearing officer.” The
30hearing officer shall be at a staff level higher in authority than the
31staff person who made the contested decision.
32
(6) The provider, or the provider’s representative of his or her
33choosing, is required to attend the hearing. If the provider or the
34provider’s representative fails to appear at the hearing, the
35provider shall be deemed to have abandoned the appeal.
36
(7) The contractor shall arrange for the presence of an
37interpreter at the hearing if one is requested by the provider.
38
(8) The hearing officer shall explain to the
provider the legal,
39regulatory, or policy basis for the intended action.
P6 1
(9) During the hearing, the provider shall have the opportunity
2to explain the reason or reasons he or she believes that the
3contractor’s decision is incorrect. The contractor’s staff shall
4present any material facts that they believe were omitted by the
5provider.
6
(10) The hearing officer shall mail or deliver to the provider a
7written decision within 10 calendar days after the hearing.
8
(c) (1) If the provider disagrees with the written decision from
9the contractor, the provider has 30 calendar days in which to
10appeal to the Early Education and Support Division.
11
(2) If the provider does not submit an appeal request to the
12Early Education and Support Division within 30 calendar days,
13the provider’s appeal process shall be deemed abandoned and the
14contractor may implement the intended action.
15
(3) The provider shall specify in the appeal request the reason
16or reasons why he or she believes the contractor’s decision is
17incorrect.
18
(4) Upon receipt of a request for appeal, the Early Education
19and Support Division shall request copies of the basic data file,
20including the intended notice of action and the contractor’s written
21decision and other relevant materials from the contractor. The
22Early Education and Support Division may also conduct any
23investigations, interviews, or mediation necessary to resolve the
24appeal.
25
(5) The decision of the Early Education and Support
Division
26shall be mailed or delivered to the provider and the contractor
27within 30 calendar days after receipt of the appeal request.
28
(d) (1) The contractor shall comply with the decision of the
29Early Education and Support Division immediately upon receipt
30of that decision.
31
(2) The contractor shall be reimbursed for any child care and
32development services that are delivered by a provider during the
33appeal process.
34
(3) If a contractor’s determination is upheld by the Early
35Education and Support Division, the intended action proposed by
36the contractor shall be carried out or upheld.
P7 1
(e) As used in this section, “Early Education and Support
2Division” means the Early Education and Support Division of the
3department.
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