Cal. Code Regs. tit. 5 § 18013

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 18013 - Definitions

As used in this Division:

(a) "Actual and allowable net costs" means the costs which may be reimbursed under a particular child development contract after disallowed costs and restricted income have been subtracted from total expenditures.

(b) "Adjusted child days of enrollment" means child days of enrollment after special needs adjustment factors specified in Education Code section 8265.5 have been applied.

(c) "Administrative costs" means costs incurred for administrative activities where neither the family, the child nor the service providers for Alternative Payment programs and family child care homes directly benefit from the activity.

(d) "Adult" for the purposes of this Division means a person who is at least 18 years of age.

(e) "Alternative Payment programs" means contracts designated as Alternative Payment, County Welfare Department, or Child Protective Services. Contracts designated as Exceptional Needs which operate in a vendor payment mode are included in the definition of Alternative Payment programs. Contractors operating Alternative Payment programs are not precluded from contracting for other program types as specified in Education Code section 8208(h).

(f) "Authorized representative" means a person who has been delegated the responsibility to sign a child in and out of a child care program in the absence of the parent.

(g) "Benefit to the state" means that the activity will improve knowledge or expertise in areas directly related to subsidized child care and development services.

(h) "Ceases operation" means the contractor does not provide subsidized services in accordance with the contractor's program operating calendar submitted to and approved by the Child Development Division for the applicable contract period.

(i) "Commingled child care services" means the provision of services to both subsidized and nonsubsidized children in the same classroom at the same time.

(j) "Contract period" means the time span the contract is in effect as specified in the child development contract.

(k) "Depreciation" means a cost in the current fiscal year that is based on acquisition costs, less any estimated residual value, computed on a straight line method (based on the normal, estimated useful life expectancy of the asset).

(l) "Disallowed costs" means costs which have been incurred but are not reimbursable because they are not reasonable and/or necessary for the performance of the contract as defined in section 18013(s) of this Division or are nonreimbursable as specified in section 18035 of this Division.

(m) "Indirect cost" means an expense that cannot be readily assigned to one specific program or one specific line item within a program.

(n) "Indirect cost allocation plan" means a written justification and rationale for assigning the relative share of indirect costs across more than one program or contract.

(o) "Maximum reimbursable amount" means the total dollar amount of a contract. Reimbursement from the State shall not exceed the maximum reimbursable amount. The initial maximum reimbursable amount shall be the approved original version of the annual contract based on the Budget Act as signed by the Governor.

(p) "Net reimbursable program costs" means the portion of the actual and allowable net costs which are incurred in the provision of child care and development services for subsidized children.

(q) "Private contractor" means an entity other than a public agency which is tax exempt or non-tax exempt and under contract with the California Department of Education (CDE) for the provision of child care and development services.

(r) "Public contractor" means a school district, community college district, county superintendent of schools, campus of the California State University or the University of California system, county, city or other public entity under contract with the CDE for the provision of child care and development services.

(s) "Reasonable and necessary costs" means expenditures that, in nature and amount, do not exceed what an ordinarily prudent person would incur in the conduct of a competitive business.

(t) "Restricted income" means income which the donor designates may only be expended for specific limited purposes that are reimbursable according to the contract.

(u) "Total contract amount" for the purpose of determining the limit of allowable administrative and program support services for Alternative Payment type programs means either the initial maximum reimbursable amount or the total of direct payments to providers, which includes family fees for certified children and interest earned on advanced contract funds, plus reimbursable administrative and support services costs, whichever is greater.

(v) "Total expenditures" means all costs for the provision of subsidized services under the contract and any nonsubsidized services which are provided in commingled classrooms.

(w) "Unnecessarily increase the value" means an improvement of a site beyond what is required to meet California Code of Regulations, title 22, Community Care Licensing Standards.

(x) "Unrestricted income" means income that has no restrictions regarding use by the donor, and income restricted by the donor for purposes that are not reimbursable according to the contract, including income for services to children not subsidized by the contract.

(y) "Use allowance" means an alternate method for claiming the use of the contractor's assets as a cost when depreciation methods are not used.

Cal. Code Regs. Tit. 5, § 18013

1. Repealer and new section filed 11-21-88; operative 1-1-89 (Register 88, No. 50). For prior history, see Register 77, No. 39.
2. Amendment of subsection (o), new subsection (u), subsection relettering and amendment of newly designated subsection (w) filed 11-13-2006 as an emergency; operative 11-13-2006 (Register 2006, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-13-2006 order, including further amendment of section, transmitted to OAL 3-8-2007 and filed 4-17-2007 (Register 2007, No. 16).
4. Change without regulatory effect amending subsections (b), (d)-(e), (l) and (q)-(r) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
5. Change without regulatory effect amending subsections (b) and (e) filed 4-20-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).

Note: Authority cited: Section 8261, Education Code. Reference: Sections 8208 and 8261, Education Code.