Cal. Code Regs. Tit. 5, § 17734 - Family Fee Assessment: Explanation to Families

(a) Except as noted in section 17735, families with children enrolled in full-day programs shall be assessed a family fee as described in this section.

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

(1) The adjusted monthly family income;

(2) Family size; and

(3) Certified schedule.

(c) The family fee shall be assessed and collected based on the family's child who is certified for the greater number of hours

(d) Notwithstanding subsection (c) above, if the Individualized Education Program (IEP) of any of the children in the family states that the child's offer of a free appropriate public education (FAPE) is in the California State Preschool Program (CSPP), the Local Educational Agency (LEA) that is responsible for providing FAPE to the child with the IEP is responsible for paying the family fee and the fee shall not be collected from the family.

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

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

(g) The family fee shall be the full portion of the family's cost for services. No additional fees shall be required.

(h) 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 family fees collected and any amounts which are delinquent.

(i) The contractor shall provide written information to the parent(s), in advance of collecting family fees, about the policies regarding family fee assessment, collection, and the consequences for delinquent payment of fees.

(j) When assessing the family fee, contractors shall use the certified schedule as documented on the application for services.

(1) When a family is certified for 130 hours or more per month, a full-time monthly fee is assessed.

(2) When a family is certified for under 130 hours, a part-time monthly fee is assessed.

(3) When the initial enrollment is not on the first day of the month, the contractor must assess a fee based on the certified hours for the partial month and another fee for subsequent months based on the certified need as documented in the application for services.

(4) Contractors shall factor in the approved program calendar and include in the Notice of Action which months the part-time and/or full-time fees apply.

(k) Contractors shall assess a family fee for families who are certified based on an eligibility criterion other than income eligibility, and are not exempt from a family fee as described in section 17735. These families are required to self-certify their income for purposes of assessing a family fee.

(l) Families whose incomes are higher than the maximum income for their family size represented on the annual family fee schedule shall pay the highest fee rate for their family size.

Notes

Cal. Code Regs. Tit. 5, § 17734

Note: Authority cited: Sections 8207, 8247 and 56040(a), Education Code. Reference: Section 8252, Education Code.

Note: Authority cited: Sections 8207 and 8247, Education Code. Reference: Section 8252, Education Code.

1. New section filed 7-1-2022; operative 7/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).
2. Amendment of subsection (c), new subsection (d), subsection relettering, amendment of newly designated subsection (k) and amendment of NOTE filed 1-6-2025; operative 1/6/2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 2).