On April 3, 2020, the California Department of Education released an updated FAQ webpage on the recently signed legislation, SB 117 (Chapter 3, Statutes of 2020), which provides that the average daily attendance (ADA) used for the second period and the annual period apportionment includes all full school months from July 1, 2019 to February 29, 2020 for all local educational agencies (LEAs).

SB 117 mitigates the effect of lost attendance due to COVID-19 that occurred after February 29, 2020, in companion to Governor Newsom’s Executive Order N-26-20. The guidance explains how to adjust programs where attendance is calculated with a fixed divisor, determine school months for ADA reporting, and qualify student absences due to COVID-19 illnesses.

The second principal ADA reporting deadline to CDE is May 1, 2020, which is used to determine an LEA’s June 2020 Principal Apportionment and Education Protection Account payments. LEAs will be provided an opportunity to adjust reported ADA after the May 1st deadline which will be reflected in the LEA’s 2019-20 Annual Apportionment that will be certified with the 2020-21 First Principal Apportionment.

Child Nutrition

On March 27, 2020, the U.S. Department of Agriculture (USDA) issued the following Child Nutrition Programs (CNP) flexibility waivers as part of the COVID-19 Child Nutrition Response Act:

These waivers allow for flexibilities through June 30, 2020 or until the expiration of federally declared public health emergency, whichever is earlier. The CNP monitoring flexibility waiver request application is located on the CDE’s website. CDE will provide an email notification with the CNP Flexibility Waiver approval.

On March 30, 2020, the USDA granted CDE a state waiver on eligibility requirements for the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO). The CDE Nutrition Services Division (NSD) has released the waiver. For more information on School and Child and Adult Day Care Meals, visit the CDE website.

For assistance, contact the NSD program analyst at CACFPWaiver@cde.ca.gov.

Early Learning & Care

On April 8, 2020, CDE released Management Bulletin 20-06 regarding emergency childcare services for essential workers and at-risk populations, in compliance with Governor Newsom’s Executive Orders N-33-20, N-45-20, N-47-20.

The guidance pertains to enrollment of Emergency Childcare, which will be in effect through June 30, 2020, or until the State of Emergency has ended, whichever occurs first, unless rescinded sooner or extended by the Legislature or any future Executive Order. Programs are encouraged to safely remain open or reopen in order to serve essential working families during this State of Emergency.

Contractors that are opened should notify current families that they are to shelter in place unless they are classified as an essential worker, or at-risk populations as defined below. In addition to serving current families, contractors with General Child Care and Development (CCTR), California State Preschool Program (CSPP), Family Child Care Home Education Networks (CFCC), Alternative Payment Program (CAPP) contracts may enroll new families in Emergency Childcare pursuant to Executive Orders N-45-20 and N-47-20, but only if such families meet one of the following criteria:

    • Deemed to be an essential worker as defined in this Management Bulletin.
    • At-risk populations:
      • Children who are receiving child protective services or who have been deemed to be at risk of abuse, neglect, or exploitation.
      • Children eligible through the Emergency Child Care Bridge Program for Foster Children.
      • Families experiencing homelessness as defined in Section 11434(a)(2) of Title 42 of the United States Code, known as the McKinney-Vento Homeless Assistance Act
      • Children of domestic violence survivors.
    • Families with children with disabilities or special health care needs whose individualized education programs (IEP) and/or individual family support plans (IFSP) include Early Learning and Care Centers (ELC) services.

Enrolling New Children from Essential Workers. Children of essential workers are now eligible to enroll in subsidized Emergency Childcare, subject to capacity, if all of the following criteria apply:

    • The family works as an essential worker. If the family includes a two-parent household, both parents/caregivers must either be essential workers or the other parent must be unable to provide care for the child due to incapacitation.
    • The family requires childcare to perform their essential work.
    • The family is not able to complete their work remotely.
    • The family assets do not exceed $1,000,000.

Application Process. Essential workers seeking child care services must complete the COVID-19 2020 Confidential Application for Emergency Childcare Services, and complete the COVID-19 Self-Certification document, which will be released soon on the CDE website.

Contractors will be able to use digital signatures and electronic submission of applications, including supporting documentation, if at all possible. Families can be notified of their certification electronically to expedite the process. Contractors who obtain a signed COVID-19 Self-Certification form shall not be responsible for determining if a parent or guardian is an essential worker or if a family is part of the at-risk population, and shall not be subject to a penalty for accepting a child whose parent or guardian is determined not to meet those definitions.

The state shall hold harmless any contractor that, in good faith, enrolls a child whose parent or guardian is determined not to meet those definitions.

Staff Ratios and Group Sizes. Contractors may utilize staff that meet the requirements of a “fully qualified teacher” pursuant to 22 California Code of Regulations Section 101216.1(c).

    • Family Child Care Homes. May serve a total capacity of no more than 14 children and group size may not exceed 10 children. Over 10 children will require an additional staff or assistant to maintain group sizes of 10 or few children. Staff are not included in the group size.
      • Infant 0-18 months: 1 teacher to 4 children; Group size: 4
      • Six children: 1 teacher to 6 children (two infants and 4 children); Group size 6
    • Early Learning and Care Centers. All centers should adhere to the following teacher to student ratio unless more restrictive group sizes are required by federal, state, or local authorities.
      • Infant 0-18 months: 1 teacher to 4 children; Group size: 10
      • Toddler 18-36 months: 1 teacher to 6 children; Group size:10
      • Preschool age 3-6 years old: 1 teacher to 10 children; Group size: 10
      • Mixed aged 0-months to school aged: 1 teacher to 6 children; Group size 10
    • Direct Early Learning and Care Contractors (CCTR, CSPP, CFCC). Current contractors are encouraged to provide services to essential workers to the extent that their contract funds support additional enrollment. At this time, there is no additional funding being awarded for this purpose. If a contractor cannot meet the group size of 10 children per classroom, it must seek a CDE temporary waiver (to be released soon).

CDE is working with the Administration to identify additional funding to support increased subsidized access for Emergency Childcare. For questions, contract the regional Early Learning and Care consultant or call (916) 322-6233.

Additional Update


CASBO NewsBreaks and Advocacy tools are posted on our website. For more information, contact CASBO’s Governmental Relations staff: Sara Bachez, Chief Governmental Relations Officer or Elizabeth Esquivel, Senior Director of Policy and Governance. Remember that the most effective and convenient way to become involved is by joining CASBO Advocacy Network.


California Association of School Business Officials

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