Cal. Code Regs. Tit. 5, § 18425.2 - Requirement to Report when Income Exceeds Statutory Threshold for Income Eligibility

(a) When a family is transferred to Stage 3, either from a Stage 1 or Stage 2 agency and eligibility in the transferring agency is based on income, or when a family is certified or recertified for services in Stage 3 on the basis of income eligibility, the contractor shall, at the same time:

(1) Provide the parent a copy of the income calculation worksheet that verifies the family is income eligible when the family is initially certified or recertified;

(2) Provide the parent with a copy of the most recent Schedule of Income Ceiling eligibility table, as published by the State Superintendent of Public Instruction; and

(3) Notify the parent in writing of the following:

(A) The maximum adjusted monthly income, adjusted for family size, and taking into account income fluctuations pursuant to section 18084.1(c), that the family could earn, before the family would be disqualified for services, based on ongoing eligibility requirements; and

(B) The requirement to notify the contractor, within 30 calendar days, of any current and on-going income change that causes the family's adjusted monthly income to exceed this maximum amount.

(b) Upon notification by a parent that they may have exceeded the maximum income threshold, the contractor shall utilize the process set forth in section 18084.1 to calculate the family's adjusted monthly income, adjusted for family size, to determine if the family remains income eligible for continued services.

(1) If the contractor determines, based on the provided documentation, that the family is still income eligible for services, the contractor shall inform the family in writing.

(2) If the contractor concludes the family is no longer income eligible based on the documentation provided by the parent or the parent fails to provide the documentation as requested by the contractor within 15 calendar days from the day of the parent's notification and the family does not establish another basis for eligibility based on documentation, the contractor shall issue a Notice of Action to disenroll the family pursuant to section 18434.

(3) If the contractor concludes the family remains eligible for services based on documentation supporting another basis for eligibility, the contractor shall issue a Notice of Action approving services on the new basis for eligibility pursuant to section 18434.

Notes

Cal. Code Regs. Tit. 5, § 18425.2

1. New section filed 5-21-2021; operative 7-1-2021 (Register 2021, No. 21).

Note: Authority cited: Section 8263, Education Code. Reference: Sections 8263, 8350, 8350.5 and 8354, Education Code.

1. New section filed 5-21-2021; operative 7/1/2021 (Register 2021, No. 21).