Cal. Code Regs. tit. 5 § 18109

Current through Register 2024 Notice Reg. No. 40, October 4, 2024

Section 18109 - Fee Assessment; Explanation to Parents

(a) The contractor shall utilize the following factors in determining the fee to be assessed for each family:

(1) The adjusted monthly family income;

(2) Family size; families having fewer than three (3) members shall be regarded as a family of three (3).

(3) The fee shall be assessed and collected based on the family's child who is enrolled for the longest period.

(4) The fee assessed and collected shall be either the fee indicated on the fee schedule, the actual costs of services or the contract maximum daily/hourly rate, whichever is least.

(5) No adjustment shall be made for excused or unexcused absences.

(6) The fee shall be the full portion of the family's cost for services.

(b) The contractor shall maintain a record of each family's fee assessment, the effective date(s) of each fee increase or decrease, the dates and amounts of fees collected and any amounts which are delinquent.

(c) The contractor shall explain to the parent(s) the contractor's policies regarding fee assessment and collection and the possible consequences for delinquent payment of fees.

Cal. Code Regs. Tit. 5, § 18109

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. New subsection (d) and amendment of NOTE filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).

Note: Authority cited: Section 8263, Education Code. Reference: Sections 8263 and 8265, Education Code.

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. New subsection (d) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).