Early Learning and Care Program Guidance on the COVID-19 State of Emergency Situation

March 13, 2020

This is a message from the California Department of Education (CDE), Early Learning and Care Division (ELCD).

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Early Learning and Care Program Guidance on the COVID-19 State of Emergency Situation

Dear Early Learning and Care Programs and Partners:

This update is intended to provide guidance to ELCD programs regarding options available to programs in dealing with the current State of Emergency declaration for COVID-19.

Additionally, the ELCD has established a dedicated email address to receive public inquiries related to ELCD programs and emergency concerns.

This e-mail address is: ELCDEmergency@cde.ca.gov.

When sending a question to this email address, please specify the program county in the subject line and/or the body of the email. This information is necessary for the ELCD to ensure questions are forwarded to the appropriate office for timely response.

Guidance for State of Emergency Situations
March 2020

Alternative Payment (AP) Programs

Topic	Reimbursement
Provider closes	Ten days of non-operation allowed per fiscal year per provider 5 CCR Section 18076.2 (b)(2). The State Superintendent of Public Instruction (SSPI) is working with the Governor’s Office to issue an Executive Order that will provide further guidance on this issue.
When a child is absent due to parental concern	Providers will be paid based on families certified need/attendance record or invoice. COVID-19 can be considered a family emergency. The SSPI is working with the Governor’s Office to issue an Executive Order that will provide further guidance on this issue.
Agency closes	If in consultation with the local public health department it is determined that the AP agency needs a full or partial closure, the agency will be reimbursed for administrative and operation costs. Follow guidance in Management Bulletin (MB) 10-09. Contractors may revise their Minimum Days of Operation (MDO) anytime within the fiscal year.
Ensuring timely reimbursement to providers	The Code of Federal Regulations, Title 45, requires reimbursement to providers within 21 days of receipt of invoice. The Department of Education, Early Learning and Care Division contracted agencies should have a plan for reimbursing providers in the event of an emergency.

Agencies Providing Direct Services (CCTR, CSPP, etc.)

Topic	Reimbursement
Agency and/or site closes	If in consultation with the local public health department it is determined that an agency and/or site providing direct services (i.e. General Child Care [CCTR], California State Preschool Program [CSPP], etc.) needs a full or partial closure, the agency/site will be reimbursed for administrative and operation costs. Follow guidance in MB 10-09. Contractors may revise their Minimum Days of Operation (MDO) anytime within the fiscal year.
When a child is absent due to parental concern	Parents may use either of the excused absences categories as follows: Best Interest Days, limited to ten per fiscal year, except children who are receiving child protective services. Family emergency, as delineated by the agency’s excused absence policies. COVID-19 can be considered a family emergency. Please note that there are not limitations for family emergency absences.

Topic

Reimbursement

Agency and/or site closes

If in consultation with the local public health department it is determined that an agency and/or site providing direct services (i.e. General Child Care [CCTR], California State Preschool Program [CSPP], etc.) needs a full or partial closure, the agency/site will be reimbursed for administrative and operation costs. Follow guidance in MB 10-09.

Contractors may revise their Minimum Days of Operation (MDO) anytime within the fiscal year.

When a child is absent due to parental concern

Parents may use either of the excused absences categories as follows:

Best Interest Days, limited to ten per fiscal year, except children who are receiving child protective services.
Family emergency, as delineated by the agency’s excused absence policies. COVID-19 can be considered a family emergency. Please note that there are not limitations for family emergency absences.

Resource & Referral Programs

Topic	Reimbursement
Agency closes	Resource and Referral (R&R) agencies primary function is to provide child care resources and information to families. During a State of Emergency, it is critical for families to have access to these services. R&R agencies should have a plan for providing services in the event of an emergency. If in consultation with the local public health department, it is determined that a R&R agency needs a full or partial closure, the agency/site will be reimbursed for administrative and operation costs. Follow guidance in MB 10-09. The SSPI is working with the Governor’s Office to issue an Executive Order that will provide further guidance on this issue.

Topic

Reimbursement

Agency closes

Resource and Referral (R&R) agencies primary function is to provide child care resources and information to families. During a State of Emergency, it is critical for families to have access to these services. R&R agencies should have a plan for providing services in the event of an emergency.

If in consultation with the local public health department, it is determined that a R&R agency needs a full or partial closure, the agency/site will be reimbursed for administrative and operation costs. Follow guidance in MB 10-09.

The SSPI is working with the Governor’s Office to issue an Executive Order that will provide further guidance on this issue.

The California Department of Education (CDE) is following the guidance of the California Department of Public Health and directives from the Administration. For the latest information, please go to https://www.cdph.ca.gov/Programs/OPA/Pages/New-Release-2020.aspx and https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV2019.aspx.

The ELCD continues to recommend programs consult with local county public health authorities when making decisions that impact families. In addition, the ELCD recommends programs consult closure guidance from the Centers for Disease Control and Prevention (CDC), which can be found at https://www.cdc.gov/coronavirus/2019-ncov/downloads/considerations-for-school-closure.pdf.