BILL NUMBER: AB 2133	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 17, 2016

   An act to add Sections 8221.6 and 8221.7 to the Education Code,
relating to child care and development.


	LEGISLATIVE COUNSEL'S DIGEST


   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 establish  an
  a 2-step  appeals process for parents who receive
child care  subsidies   subsidies, as
specified,  and  a 2-step appeals process  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:

  SECTION 1.  It is the intent of the Legislature to do all of the
following:
   (a) To ensure that parents eligible for child care subsidies
through the alternative payment program, also known as the
contractor, receive accurate and reliable information as to their
eligibility for services and their right to choose the appropriate
early education program for their child, and that eligible providers
are able to care for subsidized children in accordance with state
statute.
   (b) To ensure that the providers of care receive appropriate
referrals and accurate and timely payment for their services.
   (c) To establish appeals processes to ensure that parents and
providers have administrative remedies when they have reason to
believe that a decision by an alternative payment program is
incorrect.
  SEC. 2.  Section 8221.6 is added to the Education Code, to read:
   8221.6.   (a)    The department shall establish
a two-step appeals process for parents who receive subsidies that
includes a first step within the alternative payment program agency
with the hearing officer being an administrative employee other than
the employee who made the decision that is being appealed, and a
second step within the  department's early education and
support division.   Early Education and  
Support Division.  The department's decision shall be final.

   (b) (1) (A) The contractor through the notice of action shall
notify the parent of his or her appeal rights as established under
this section any time a notice of action is sent to the parent. As
used in this section, "contractor" means the local contracting agency
that has entered into an agreement with the department for an
alternative payment program.  
   (B) The contractor shall complete a notice of action if the
application for services is approved, or when changes are made to the
service agreement. These changes may include, but are not
necessarily limited to, an increase or decrease in parent fees, an
increase or decrease in the amount of services or termination of
services, or a violation of parental choice.  
   (C) The contractor shall mail or deliver the notice of action to
the parent at least 14 calendar days before the effective date of the
intended action.  
   (D) If the parent disagrees with an action, the parent may file a
request for a hearing with the contractor within 30 calendar days of
the date the notice of action was received.  
   (E) Upon the filing of a request for hearing, the intended action
shall be suspended until the review process has been completed. The
review process is complete when the appeal process has been
exhausted, including the second step at the department, or when the
parent abandons the appeal process.  
   (F) Within 10 calendar days following the receipt of the request
for a hearing, the contractor shall notify the parent of the time and
place of the hearing. The time and place of the hearing shall, to
the extent possible, be convenient for the parent.  
   (G) The hearing shall be conducted by an administrative staff
person who shall be referred to as "the hearing officer." The hearing
officer shall be at a staff level higher in authority than the staff
person who made the contested decision.  
   (H) The parent, or the parent's representative of his or her
choosing, shall be required to attend the hearing. If the parent or
the parent's representative fails to appear at the hearing, the
parent shall be deemed to have abandoned the appeal.  
   (I) The contractor shall arrange for the presence of an
interpreter at the hearing if one is requested by the parent. 

   (J) The hearing officer shall explain to the parent the legal,
regulatory, or policy basis for the intended action.  
   (K) During the hearing, the parent shall have an opportunity to
explain the reason or reasons he or she believes that the contractor'
s decision was incorrect. The contractor's staff shall present any
material facts they believe were omitted by the parent.  
   (L) The hearing officer shall mail or deliver to the parent a
written decision within 10 calendar days after the hearing. 

   (2) If the parent is receiving Stage 1 CalWORKs child care
funding, the appeals process applicable to the CalWORKs program
pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of
Division 9 of the Welfare and Institutions Code shall apply. 

   (c) (1) If the parent disagrees with the written decision from the
contractor, the parent has 30 calendar days in which to appeal to
the Early Education and Support Division.  
   (2) If the parent does not submit an appeal request to the Early
Education and Support Division within 30 calendar days, the parent's
appeal process shall be deemed abandoned and the contractor may
implement the intended action.  
   (3) The parent shall specify in the appeal request the reason or
reasons why he or she believes the contractor's decision is
incorrect.  
   (4) Upon receipt of an appeal request, the Early Education and
Support Division shall request copies of the basic data file
including the intended notice of action and the contractor's written
decision and other relevant materials from the contractor. The Early
Education and Support Division may also conduct any investigations,
interviews, or mediation necessary to resolve the appeal.  
   (5) The decision of the Early Education and Support Division shall
be mailed or delivered to the parent and the contractor within 30
calendar days after receipt of the appeal request.  
   (d) (1) The contractor shall comply with the decision of the Early
Education and Support Division immediately upon receipt of that
decision.  
   (2) The contractor shall be reimbursed for child care and
development services that are delivered to a family during the appeal
process.  
   (3) If a contractor's determination that a family is ineligible is
upheld by the Early Education and Support Division, services to the
family shall cease upon receipt of the Child Development Division's
decision by the contractor.  
   (e) As used in this section, "Early Education and Support Division"
means the Early Education and Support Division of the department.

  SEC. 3.  Section 8221.7 is added to the Education Code, to read:
   8221.7.   (a)    The department shall establish
a two-step appeals process for licensed and license-exempt family
child care providers who receive subsidy payments through an
alternative payment program. The first step shall be within the
alternative payment program agency with the hearing officer being an
administrative employee other than the employee who made the decision
that is being appealed, and a second step within the 
department's early education and support division.  
Early Education and Support Division.  The department's decision
shall be final. 
   (b) (1) The contractor, through the certificate that authorizes
the provider to care for a child in the subsidy program, shall notify
the provider of his or her appeal rights as established under this
section. Appealable issues may include, but are not necessarily
limited to, initial approval or denial of care, accurate payments for
services rendered, and timeliness of payments for services rendered.
As used in this section, "contractor" means the local contracting
agency that has entered into an agreement with the department for an
alternative payment program.  
   (2) The contractor, through the certificate of authorization for
care, shall initially notify the provider of the terms and conditions
of services to a parent and his or her children and any changes
thereafter. The contractor shall mail or deliver the notice of
changes to the provider at least 14 calendar days before the
effective date of the intended change. If the provider disagrees with
an action, the provider may file a request for a hearing with the
contractor within 30 calendar days of the date the notice was
received by the provider.  
   (3) Upon the filing of a request for hearing, the intended action
shall be suspended until the review process has been completed. The
review process is complete when the appeal process has been
exhausted, including the second step at the department or when the
provider abandons the appeal process.  
   (4) Within 10 calendar days following the receipt of the request
for a hearing, the contractor shall notify the provider of the time
and place of the hearing. The time and place of the hearing shall, to
the extent possible, be convenient for the provider.  
   (5) The hearing shall be conducted by an administrative staff
person who shall be referred to as "the hearing officer." The hearing
officer shall be at a staff level higher in authority than the staff
person who made the contested decision.  
   (6) The provider, or the provider's representative of his or her
choosing, is required to attend the hearing. If the provider or the
provider's representative fails to appear at the hearing, the
provider shall be deemed to have abandoned the appeal.  
   (7) The contractor shall arrange for the presence of an
interpreter at the hearing if one is requested by the provider. 

   (8) The hearing officer shall explain to the provider the legal,
regulatory, or policy basis for the intended action.  
   (9) During the hearing, the provider shall have the opportunity to
explain the reason or reasons he or she believes that the contractor'
s decision is incorrect. The contractor's staff shall present any
material facts that they believe were omitted by the provider. 

   (10) The hearing officer shall mail or deliver to the provider a
written decision within 10 calendar days after the hearing. 

   (c) (1) If the provider disagrees with the written decision from
the contractor, the provider has 30 calendar days in which to appeal
to the Early Education and Support Division.  
   (2) If the provider does not submit an appeal request to the Early
Education and Support Division within 30 calendar days, the provider'
s appeal process shall be deemed abandoned and the contractor may
implement the intended action.  
   (3) The provider shall specify in the appeal request the reason or
reasons why he or she believes the contractor's decision is
incorrect.  
   (4) Upon receipt of a request for appeal, the Early Education and
Support Division shall request copies of the basic data file,
including the intended notice of action and the contractor's written
decision and other relevant materials from the contractor. The Early
Education and Support Division may also conduct any investigations,
interviews, or mediation necessary to resolve the appeal.  
   (5) The decision of the Early Education and Support Division shall
be mailed or delivered to the provider and the contractor within 30
calendar days after receipt of the appeal request.  
   (d) (1) The contractor shall comply with the decision of the Early
Education and Support Division immediately upon receipt of that
decision.  
   (2) The contractor shall be reimbursed for any child care and
development services that are delivered by a provider during the
appeal process.  
   (3) If a contractor's determination is upheld by the Early
Education and Support Division, the intended action proposed by the
contractor shall be carried out or upheld.  
   (e) As used in this section, "Early Education and Support Division"
means the Early Education and Support Division of the department.