Management Bulletin 20-11: - PowerPoint Presentation

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Management Bulletin 20-11: COVID-19 Guidance on Emergency Closure  

California Department of Education

Early Learning and Care Division and

Child Development and Nutrition Fiscal Services 

Date: May 1, 2020

Time: 10 a.m. to 11 a.m.

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To Begin:

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The slides for this webinar along with Management  Bulletins (MBs) and Frequently Asked Questions (FAQs) can be found on the Early Learning and Care Division (ELCD) COVID-19 Guidance web page at:

https://www.cde.ca.gov/sp/cd/re/elcdcovid19.asp

 

We will answer FAQs at the end of the presentation. If you have additional questions you can submit them at:

 

ELCDEmergency@cde.ca.gov

. 

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Management Bulletin (MB) 20-11: COVID-19 Guidance on Emergency Closures 

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Agenda

Purpose and Background 

Limits of Reimbursement for Center-Based Contractors and CFCC Family Child Care Home Education Networks 

Minimum Days of Operation (MDO) Requirement

Determining the Emergency Closure Credit

Calculating the Emergency Closure Credit

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Agenda (2)Serving and reporting essential workers and at-risk populationsReporting Requirements for Program Operations 

Submitting an Emergency Closure Request

Emergency Closure Approval Letters

Program quality activities during an emergency closureResponses to FAQs

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Purpose

Provide guidance early learning and care programs about emergency closure requests

On-going reporting requirements regarding program operations

Supersedes guidance in MB 10-09

This is not a permanent change, requirements effective until June 30, 2020

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Background

The California 

Education Code 

(

EC

) Section 8271 provides early learning and care contractors “shall not be penalized for incurred program expenses nor in subsequent annual budget allocations because they are unable to operate due to circumstances beyond their control.” 

Applies to General Child Care (CCTR), California State Preschool (CSPP), Family Child Care Home Education Networks (CFCC), California Migrant Child Care (CMIG) and Care for Children with Severe Disabilities (CHAN) contractors.

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Background (2)

Reimbursement for contracts is determined differently based on the specific contract type, as defined in the

California Code of Regulations

, Title 5 (5

CCR

) and the annual Funding Terms and Conditions (FT&Cs)

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Limits of Reimbursement for Center-Based ContractorsCCTR, CMIG, CSPP and CHAN reimbursement defined by 5

CCR

Section 18054(a), requiring that center-based contractors are reimbursed the lesser of:

The contract’s Maximum Reimbursable Amount (MRA) 

Net reimbursable program costs, or 

The product of the adjusted child days of enrollment for certified children, times the contract rate per child day of enrollment, times the actual percentage of attendance plus 5 percent but in no case to exceed 100 percent of enrollment. 

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Limits of Reimbursement for CFCC ContractorsCFCC contract reimbursement is defined by the annual FT&Cs Section V(L) requiring that CFCC contractors are reimbursed based on the lesser of: The contract’s MRA, or

The amount earned, which is defined as net reimbursable program costs, of which at least 70 percent must be payments for direct services, not more than 30 percent may be for support services and administrative costs together, and no more than 15 percent may be for administrative costs alone.

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Minimum Days of Operation Requirement

5

CCR

Section 18055 states that if the contractor fails to operate at least 98 percent of the minimum days of operation required in its contract, ceases operation, or the contract is terminated prior to the end of the contract period, the MRA shall be reduced in proportion to the percentage of the contract minimum days of operation that the contractor did not operate.

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Determining the Emergency Closure Credit for Center Based Contracts (1)

For contractors that closed, partially closed, or where attendance was substantially affected mid-March, contractors must report: 

All days of enrollment and days of operation as if the contractor remained open through the end March.

Only reflect the actual days of attendance.

Child Development and Nutrition Fiscal Services (

CDNFS) will use the previous month’s data reported on the fiscal and attendance reports to determine the appropriate attendance credit.

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Determining the Emergency Closure Credit for Center Based Contracts (2)

For contractors that remain closed, partially closed, or where attendance was substantially affected in the months of April, May and June: 

CDNFS will use the previous month’s data reported on the fiscal and attendance reports to determine an appropriate enrollment, attendance, and days of operation credit for the days and months of closure.

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Calculating the Emergency Closure Credit  for Center-Based Contracts Example

A contractor submitted an emergency closure request for the period of closure between April 1 and June 30. 

As required by this MB, the contractor also submitted three monthly reports for January, February and March. 

According to the program calendar, a closure between April 1 through June 30, represents a loss of 65 days of operation. 

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Determining the Enrollment Credit for a Center-based Contract during the Emergency Closure

Adjustment factor category

Total unadjusted days of enrollment 

(from report)

Days of Operation 

(from report)

Average Number of Children per Day

(unadjusted days of enrollment / Days of operation)

Number of Closure Days

(based on calendar)

Total days of enrollment credit 

(Average number of children x days of closure)

Three years and older (Full-Time)

604

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33.56

65

2,181

Three years and older (Three-quarters-time)

96

18

5.33

65

346

Three years and older (One-half-time)

854

18

47.44

65

3,084

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This contractor will be credited and be granted approval to report a total of 5,611 days of enrollment on the fourth quarter report.

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Determining the Attendance and Days of Operation Credit for a Center-Based Contract during the Emergency Closure

Total Days of Attendance 

(from report)

Days of Operation 

(from report)

Average Daily Attendance 

(Total Days of Attendance / Days of Operation)

Number of Closure Days 

(based on calendar)

Total Days of Attendance credit 

 (Average Daily Attendance x Days of Closure)

1,522

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84.55

65

5,496

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This contractor will be credited and be granted approval to report on the fourth quarter report: 

5,496 days of attendance

65 days of operation

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Calculating the Emergency Closure Credit for CFCC Contracts Example

A contractor submitted an emergency closure request for providers who closed between April 1 and June 30. ​

As required by this MB, the contractor also submitted three monthly reports for January, February and March. ​

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Determining the Provider Payment and Days of Operation Credit for a CFCC Contractor during the Emergency Closure

Direct Payments to Provider Reported in February 

​​

(from report)​

Number of Months of Closure

​

​

(based on calendar)​

Total Direct Payments to Provider credit ​

​

 (Average Daily Attendance x Days of Closure)​

$56,145

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$168,435

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This contractor will be credited and be granted approval to report on the 4th quarter report: 

$168,435 in provider payments

65 days of operation (equivalent to three months of closure)

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Essential Workers and At-Risk Populations

An emergency closure request can be submitted even when the contractor has sites that remain open to serve children of essential workers and at-risk populations. 

Except for new enrollments for children of essential workers and at-risk populations, contractors will not need to submit enrollment and attendance data for the period of closure

CDNFS will calculate reimbursement based on the third quarter report.

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Reporting New Enrollments

Contractors that have new enrollments to provide services to children of essential workers or at-risk populations

will report the enrollment associated with those families to the CDE. 

Year-end enrollments reported will be the sum of

:

(1) enrollment prior to closure (2) emergency closure credits approved by CDE and (3) new enrollments associated with children of essential workers an at-risk populations.

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Program Operational Status Reporting

Contractors must continue to report ongoing program operational status as directed and requested by the CDE. Contractors who are subject to state licensing must also respond to operational status requests by the CDSS 

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Submitting a COVID-19 Emergency Closure Request

An emergency closure request can be submitted for a full or partial physical closure, or  

A contractor that does not physically close and has a substantial number of absences due to the COVID-19 may submit an emergency closure request if it reduces the administrative burden for the contractor.

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Submitting a COVID-19 Emergency Closure Request (2)

The period of closure for full or partial physical closure should include the date the first site/classroom closes until all sites reopen. 

The period of closure for low attendance should include the first date attendance was substantially reduced through the date regular attendance resumes. 

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Submitting a COVID-19 Emergency Closure Request (3)

Contractors should submit one (1) Emergency Closure Request for all contracts. Contractors should include any sub-contracts in this request.

Contractors must submit an Emergency Closure Request when they re-open or by June 1, 2020. The request can be through June 30, 2020, if needed. 

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Submitting a COVID-19 Emergency Closure Request (4)

The emergency closure request must be submitted by an authorized representative.

As a reminder, contractors must submit monthly fiscal and attendance reports for the third quarter by May 20, 2020.

If there are questions about submitting a COVID-19 Emergency Closure Request, please contact your assigned regional consultant.

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Emergency Closure Approval Letters

An emergency closure request approval letter, indicating the approved credit, will be sent by the CDE to the contractor and should be used as supporting documentation for audit purposes.

The year-end fiscal and attendance reports must include the approved emergency closure credit as well as all expenses associated with the contract period.

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Program Quality Activities During a Closure

Contractors must continue to provide program quality activities during an emergency closure.  

Center-based contractors must work with their staff and to develop and deliver program quality activities during a closure. 

FCCHENs operated through CFCC or center-based contractors must work with their staff and providers to develop program quality activities during a closure.

MB 20-09 and MB 20-10 provides detailed guidance on program quality activities during an emergency closure.

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Frequently Asked Questions

Question

: Is there a limit on the number of days a contractor can claim for an emergency closure?

Answer

: No, an emergency closure can be claimed during the entire period of the COVID-19 State of Emergency. 

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Frequently Asked Questions (2)

Question

: Who is an “authorized representative” for the contract(s)?

Answer

: For the purposes of submitting emergency closures requests, the authorized representative is the person who has the authority to sign and engage in a contractual relationship with the CDE.

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Frequently Asked Questions (3)

Question:

 

Will the emergency closure credit be based on our attendance the week before the closure started?

Answer:

 

No. Contractors are required to submit a January, February and March Report to CDNFS. CDNFS will use prior reported data to determine an appropriate attendance and enrollment credit for the period of closure. Specifically, the enrollment and attendance data, as well as the days of closure, will be the basis for determining the approved credits during closure.

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Frequently Asked Questions (4)

Question:

 

If only some of a contractor's sites are closed and other sites remain open how should I report attendance during an emergency closure?

Answer:

 

The CDE understands that some center-based contractors may not have closed all sites. With the exception of emergency child care services for children of essential workers and at-risk populations, contractors will not need to submit attendance and enrollment data related to any site for the period of closure, as CDNFS will calculate (cont.) 

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Frequently Asked Questions (4) (cont.)

a credit for the number of days of enrollment and attendance based on the third quarter report. Once

the contractor receives the approval letter, the contractor can report the approved credit as their days of attendance. If a contractor believes it is administratively more efficient to report absences for all closed sites as excused absences, they can choose to do so. In this case, the contractor would not submit an emergency closure request, but would continue to submit monthly or quarterly report forms to CDNFS with enrollments and attendance as normal.

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Frequently Asked Questions (5)

Question

: Will a contractor get reimbursed for continuing to pay teachers through the emergency period?

 Answer

: MB 20-04 allows contractors to continue to receive their apportionments during an emergency closure due to COVID-19. This funding is to continue to pay program costs including but not limited to teacher salaries. While a contractor may not provide direct services in a classroom or family childcare home during an emergency closure, they are still in operation, receiving apportionments and should adjust their program to support children and families during the emergency closure. 

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Frequently Asked Questions (6)

Question:

 

Does a CCTR contractor operating a Family Child Care Home Network, have to pay providers during a closure?

Answer:

 

Yes. Center-based (CCTR, CSPP, CHAN, or CMIG) and CFCC contractors serving families in a licensed family childcare home that is closed due to COVID-19 may submit an emergency closure request. Contractors must continue to incur operating expenses in order to receive reimbursement. Per MB 20-10, these contractors and Family Child Care Home Education Networks receiving reimbursement must continue to meet program quality contractual requirements during an emergency closure.

 

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Frequently Asked Questions (7)

Question:

 

If a program was in full operation during the COVID-19 State of Emergency, do they need to submit an emergency closure request?

Answer:

 

No. Contractors that continue full operation must submit the normal enrollment and attendance reports and will receive apportionments based on submitted fiscal reports. However, if attendance has been substantially affected by COVID-19, the contractor may find that it benefits them to submit an emergency closure request. 

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Frequently Asked Questions (8)

Question:

 

Do contractors have to submit a Board Resolution for a COVID-19 related emergency closure?

Answer:

 

No. Contractors must submit an Emergency Closure Request online in accordance with MB 20-11.

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Frequently Asked Questions (9)

Question:

 

Can an Alternate Payment (AP) program submit an emergency closure request?

 

Answer:

 

AP programs provide essential services, such as assisting families with provider changes,

processing 

provider reimbursements, enrolling children of essential worker families, and must continue to provide essential program services during the state declared State of Emergency. An AP program would therefore not submit an emergency closure request. 

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Frequently Asked Questions (10)

Question:

 

Can a contractor report attendance for closure days if they have not yet received approval for the closure from the regional consultant?

Answer:

 

No. Contractors who submit COVID-19 Emergency Closure Request should not report attendance until the CDE issues an approval letter indicating to the days of attendance and days of operation to report.

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Resources 

Any additional questions can be submitted to:

ELCDEmergency@cde.ca.gov

.

The ELCD's COVID-19 Resource Page at:

https://www.cde.ca.gov/sp/cd/re/elcdcovid19.asp

.

To be informed of updated information, please sign up for the Early Learning and Care Division's email list at:

https://www.cde.ca.gov/sp/cd/ci/progspeclist.asp

.

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Resources (2)

CDSS's Community Care Licensing webpage: 

https://www.cdss.ca.gov/inforesources/community-care-licensing

 

The California COVID-19 Response website:

 

https://covid19.ca.gov/

 

The California Department of Public Health's website: 

https://www.cdph.ca.gov/

 

The CDC website:

 

https://www.cdc.gov/

 

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Thank You for Joining Us Today!

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