5148.3
AR
Administrative Regulation
Preschool/Early Childhood Education
When approved by the California Department of Education (CDE) under the California State Preschool Program, the district may operate one or more part-day and full-day preschool programs in accordance with law and the terms of its contract with the CDE.
The district's preschool program shall include all required program components, as described in 5 CCR 18272-18281 and AR 5148 - Child Care and Development, for the educational program, the creation of a developmental profile for each child, staff development, parent involvement and education, community involvement, health and social services, nutrition, and program evaluation. (5 CCR 18271-28281)
Minimum Hours/Days of Operation
The district's part-day preschool program shall operate a minimum of three hours per day, excluding time for home-to-school transportation, and for a minimum of 175 days per year unless otherwise specified in the program's contract. (Education Code 8235; 5 CCR 18136)
Staffing Ratios
The preschool program shall maintain an adult-child ratio of at least one adult for every eight children and a teacher-child ratio of at least one teacher for every 24 children. If the district cannot recruit a sufficient number of parents/guardians or volunteers to meet the required adult-child ratio, teacher aides shall be hired as necessary. (5 CCR 18135, 18290)
Wraparound Child Care Services
In accordance with its contract with the CDE, the district may offer full-day services to meet the needs of eligible families through a combination of part-day preschool and wraparound child care services that are offered for the remaining portion of the day or year following completion of the preschool services. Child care and development services offered through this program shall meet the requirements of general child care and development programs pursuant to Education Code 8240-8244. (Education Code 8239)
Wraparound services shall operate a minimum of 239 days per year unless otherwise specified in the contract. For this period of time, part-day preschool programs shall operate 175-180 days and general child care and development programs may operate a full day for the remainder of the year after the completion of the preschool program. (Education Code 8239)
Family Literacy Services
When any district preschool program receives funding for family literacy services pursuant to Education Code 8238.4, the Superintendent or designee shall coordinate the provision of: (Education Code 8238)
- Opportunities for parents/guardians to work with their children on interactive literacy activities, including activities in which parents/guardians actively participate in facilitating their children's acquisition of prereading skills through guided activities such as shared reading, learning the alphabet, and basic vocabulary development
- Parenting education for parents/guardians of participating children to support their children's development of literacy skills, including, but not limited to, parent education in:
- Providing support for the educational growth and success of their children
- Improving parent-school communications and parental understanding of school structures and expectations
- Becoming active partners with teachers in the education of their children
- Improving parental knowledge of local resources for the identification of and services for developmental disabilities, including, but not limited to, contact information for the district special education referral
- Referrals to providers of adult education and instruction in English as a second language as necessary to improve parents/guardians' academic skills
- Staff development for teachers in participating classrooms that includes, but is not limited to:
- Development of a pedagogical knowledge, including, but not limited to, improved instructional strategies
- Knowledge and application of developmentally appropriate assessments of the prereading skills of children in participating classrooms
- Information on working with families, including the use of on-site coaching, for guided practice in interactive literacy activities
- Providing targeted interventions for all young children to improve kindergarten readiness upon program completion
Eligibility and Enrollment
Children eligible for the district's preschool program include those who will have their third, fourth or fifth birthday between September 2 and December 2 of the fiscal year that they are being served. (Education Code 8208, 8235, 8236)
When a child is eligible for both the preschool program and the district's transitional kindergarten program, the family may choose the most appropriate program for the child. In accordance with the enrollment priorities described below, the child may be enrolled in both programs provided that the child is not enrolled in both programs for the same time period on the same day.
Eligibility for subsidized preschool shall be as follows:
- Children shall be eligible for subsidized preschool services if their family is a current aid recipient, income eligible, or homeless and/or the family's children are recipients of protective services or have been identified as being, or at risk of being, abused, neglected, or exploited. (Education Code 8235, 8263, 8263.1; 5 CCR 18131, 18134)
- Children shall be eligible for subsidized wraparound preschool and child care services if their family meets at least one of the criteria specified in item #1 above or needs child care services due to either of the following circumstances: (Education Code 8239, 8263)
- The child is identified by a legal, medical, or social services agency or emergency shelter as a recipient of protective services or as being, or at risk of being, neglected, abused, or exploited.
- The parents/guardians are engaged in vocational training leading directly to a recognized trade, paraprofession, or profession; are employed or seeking employment; are seeking permanent housing for family stability; or are incapacitated.
The Superintendent or designee shall consult the county's centralized eligibility list, when available, or shall maintain a district waiting list in accordance with admission priorities. As vacancies occur, applicants shall be contacted in order of their priority. (5 CCR 18106)
First priority for enrollment in a preschool program shall be given to neglected or abused children or foster children age 3 or 4 years who are recipients of child protective services or who, based upon written referral from a legal, medical, or social service agency, are at risk of being neglected, abused, or exploited. If unable to enroll a child in this category, the district shall refer the child's parent/guardian to local resource and referral services so that services for the child can be located. (Education Code 8236; 5 CCR 18131)
After all children with first priority are enrolled, the district shall give second priority to eligible children age 4 years who are not enrolled in a transitional kindergarten program prior to enrolling eligible children age 3 years. (Education Code 8236)
After enrolling all eligible children who meet the criteria for subsidized services, up to 10 percent of the program's enrollment, calculated throughout the entire contract, may be filled with children who exceed the age limitations and children whose family income is no more than 15 percent above the income eligibility threshold. (Education Code 8235; 5 CCR 18133)
The district may certify eligibility and enrollment up to 120 calendar days prior to the first day of the beginning of the preschool year. After establishing eligibility at the time of initial enrollment, a child shall remain eligible for the remainder of the program year. (Education Code 8237; 5 CCR 18082)
The district's decision to approve or deny a child's enrollment shall be communicated to the family through a written Notice of Action mailed or delivered within 30 days from the date the application is signed by the parent/guardian. (5 CCR 18094, 18095, 18118)
Subsequently, the Superintendent or designee shall mail or deliver a Notice of Action to a parent/guardian at least 14 calendar days before any intended change in services, including, but not limited to, an increase or decrease in fees, an increase or decrease in the amount of services, or termination of services, due to any of the following circumstances: (5 CCR 18095, 18119)
- A determination during recertification or update of the application that the need or eligibility requirements are no longer being met or the fee or amount of service needs to be modified
- Failure of the parent/guardian to document the family's need or eligibility after the district requested such documentation in writing
- An indication by the parent/guardian that he/she no longer wants the service
- The death of a parent/guardian or child
- The conclusion of a limited-term agreement, provided that the parent/guardian has been informed in writing of the date that the services would terminate
For each child enrolled in the district's preschool program, the Superintendent or designee shall maintain a family data file containing a completed and signed application for services, documentation of income eligibility, and a copy of all Notices of Action. For each child not receiving subsidized services, the family data file shall also include records of the specific reason(s) for enrolling each child, the child's family income, and evidence that the district has made a diligent search for children eligible for subsidized services. (5 CCR 18130, 18133, 18081, 18084)
Fees and Charges
Fees for participation in the district's preschool program shall be assessed and collected in accordance with the fee schedule established by the Superintendent of Public Instruction. (Education Code 8273, 8273.2; 5 CCR 18078)
However, no fee shall be charged to an income-eligible family whose child is enrolled in a part-day preschool program, a family that is receiving CalWORKs cash aid, or a family that is otherwise exempted pursuant to Education Code 8273.1. (Education Code 8273.1; 5 CCR 18110)
In addition, any family qualifying for subsidized preschool on the basis of having a child who is a recipient of child protective services, or having a certification by a county child welfare agency that services continue to be necessary, may be exempt from these fees for up to 12 months. Any family whose child is receiving subsidized preschool on the basis of being at risk of abuse, neglect, or exploitation may be exempt from these fees for up to three months, unless the family becomes eligible based on receipt of child protective services or certification of need by a county child welfare agency. The cumulative period of exemption for these purposes shall not to exceed 24 months with written support from the family's social services worker. (Education Code 8273.1)
The Superintendent or designee shall establish a process which involves parents/guardians in determining whether to require parents/guardians to provide diapers. This process shall also be used to determine whether and how much to charge parents/guardians for field trip expenses, within the limit specified in law. A child shall not be denied participation in a field trip due to the parent/guardian's inability or refusal to pay the fee, and no adverse action shall be taken against a parent/guardian for that inability or refusal. (Education Code 8273.3)
Disenrollment
When necessary due to a reduction in state reimbursements, families shall be disenrolled in the following order: (Education Code 8236, 8263.3)
- Children age 3 years whose families have the highest income in relation to family size shall be disenrolled first, followed by children age 4 years whose families have the highest income in relation to family size.
At each age level, if two or more families have the same income ranking, the child with disabilities shall be disenrolled last. If there are no families that have a child with disabilities, the child who has received services the longest shall be disenrolled first.
- Families of children age 3 or 4 years who are receiving child protective services or who have been documented to be at risk of being neglected, abused, or exploited, regardless of income, shall be disenrolled last.
Legal & Management References
State
22 CCR 101151-101191 - Licensing and application procedures
22 CCR 101151-101239.2 - General requirements; licensed child care centers
22 CCR 101212-101231 - Continuing requirements
22 CCR 101237-101239.2 - Facilities and equipment
5 CCR 14001-14036 - School housing
5 CCR 17700-17833 - California State Preschool Program
5 CCR 17701-17711 - General program requirements
5 CCR 17745 - Admission requirements; residency
5 CCR 17746-17748 - Enrollment priorities
5 CCR 18295 - Waiver of qualifications for site supervisor
5 CCR 4600-4670 - Uniform complaint procedures
5 CCR 4690-4694 - Complaints regarding health and safety issues in license-exempt preschool programs
5 CCR 80067-80067.3 - Prekindergarten-3 Early Childhood Education Specialist Instruction Credential
5 CCR 80105-80125 - Commission on Teacher Credentialing; child care and development permits
Ed. Code 17375 - California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Grant Program
Ed. Code 44065 - Issuance of and functions requiring credentials
Ed. Code 44256 - Authorization for teaching credentials
Ed. Code 48000-48003 - Kindergartens
Ed. Code 48985 - Notices to parents/guardians in language other than English
Ed. Code 60910 - Data for students enrolled in California State Preschool Program
Ed. Code 69617 - Golden State Teacher Grant Program
Ed. Code 8200-8340 - California State Preschool Program
Ed. Code 8489-8489.1 - Expulsion and suspension procedures
H&S Code 120325-120380 - Immunization against communicable diseases
H&S Code 1596.70-1596.895 - California Child Day Care Act
H&S Code 1596.90-1597.21 - Day care centers
H&S Code 1597.640 - Family preparedness in licensed child care and development program facilities; response to immigration enforcement
W&I Code 10207-10215 - General provisions
W&I Code 10207-10492.2 - Child Care and Development Services Act
W&I Code 10217-10224.5 - Resource and referral programs
W&I Code 10225-10234 - Alternative payment programs
W&I Code 10235-10238 - Migrant child care and development programs
W&I Code 10240-10243 - General child care and development programs
W&I Code 10250-10252 - Family child care home education networks
W&I Code 10260-10263 - Child care and development services for children with special needs
W&I Code 10480-10487 - Local planning councils
Federal
20 USC 1400-1482 - Individuals with Disabilities Education Act
20 USC 6311-6322 - Title I, relative to preschool
20 USC 6391-6399 - Education of migratory children
42 USC 9831-9852c - Head Start programs
42 USC 9857-9858r - Child Care and Development Block Grant
45 CFR 1301.1-1305.2 - Head Start
Management Resources
CA Commission on Teacher Credentialing Publication - Approval of Regulations Authorizing the New PK-3 Early Childhood Education Specialist Instruction Credential, Coded Correspondence 24-03, March 2024
CA Office of the Attorney General Publication - Promoting Safe Early Childhood Education for All: Guidance and Model Policies for Early Childhood Education and Child Care Providers Pursuant to the Family Preparedness Plan Act of 2025, April 2026
California Department of Education Publication - UPK Mixed Delivery Quality and Access Workgroup Legislative Report
California Department of Education Publication - Assessment and Reporting of Family Fees for Fiscal Year (FY) 2024-25, Early Education Division Management Bulletin 24-06, June 2024
California Department of Education Publication - California State Preschool Program Neighborhood School Eligibility Criteria to Enroll Three- and Four-Year-Old Children, Early Education Division Management Bulletin 24-01, January 2024
California Department of Education Publication - Preschool/Transitional Kindergarten Learning Foundations, Early Education Division Management Bulletin 24-07, August 2024
California Department of Education Publication - Data Collection for California State Preschool Programs Operated by a Local Educational Agency, Early Education Division Management Bulletin 24-08, August 2024
California Department of Education Publication - Early Childhood Division Federal Program Monitoring Instrument
California Department of Education Publication - California State Preschool Program and Children with Disabilities (Exceptional Needs), Early Education Division Management Bulletin 23-02, February 2023
California Department of Education Publication - Part-day California State Preschool Program as an Extended Learning and Care Option, Early Education Division Management Bulletin 23-05, April 2023
California Department of Education Publication - Suspension and Expulsion in the California State Preschool Program, Early Education Division Management Bulletin 23-08, September 2023
California Department of Education Publication - Preschool English Learners: Principles and Practices to Promote Language, Literacy, and Learning, 2nd ed., 2009
California Department of Education Publication - Implementation of the Classroom Assessment Scoring System (CLASS) and CLASS Environment and Removal of the Environment Rating Scale for the California State Preschool Program (CSPP), Early Education Division Management Bulletin 23-10, December 2023
California Department of Education Publication - California Preschool Learning Foundations
California Department of Education Publication - First Class: A Guide for Early Primary Education, 1999
CSBA Publication - The Importance of Early Childhood Education Programs, September 2019
CSBA Publication - The Preschool Landscape in California and Strategies for Expansion, January 2020
U.S. Department of Education Publication - Policy Statement on Expulsion and Suspension Policies in Early Childhood Settings, 2016
Website - Universal PreKindergarten, California’s Great Start
Website - California Office of Administrative Law
Website - California County Superintendents Educational Services Association
Website - CSBA District and County Office of Education Legal Services
Website - California Commission on Teacher Credentialing
Website - National Institute for Early Education Research
Website - California Association for the Education of Young Children
Website - California Head Start Association
Website - California Preschool Instructional Network
Website - Child Development Policy Institute
Website - First 5 California
Website - California Department of Social Services
Website - Cities Counties and Schools Partnership
Website - California Office of the Attorney General
Website - CSBA
Website - California Department of Education
Website - U.S. Department of Education
Cross References
0415 AR Equity
1240 AR Volunteer Assistance
1312.3 AR Uniform Complaint Procedures
1330 AR Use Of School Facilities
1330.1 BP Joint Use Agreements
1340 AR Access To District Records
3260 AR Fees And Charges
3523 AR Electronic Signatures
3580 AR District Records
4112.2 AR Certification
4112.4 AR Health Examinations
4112.5 AR Criminal Record Check
4112.6 AR Personnel Files
4131 AR Staff Development
4222 BP Teacher Aides/Paraprofessionals
4231 BP Staff Development
4331 BP Staff Development
5030 BP Student Wellness
5111 AR Admission
5125 AR Student Records
5141.23 AR Asthma Management
5141.26 AR Tuberculosis Testing
5141.31 AR Immunizations
5141.32 AR Health Screening For School Entry
5141.6 BP School Health Services
5144.1 AR Suspension And Expulsion/Due Process
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
6011 BP Academic Standards
6020 AR Parent Involvement
6159 AR Individualized Education Program
6170.1 BP Transitional Kindergarten
6171 AR Title I Programs
6173 AR Education For Homeless Children
6173-E PDF(1) AR Education For Homeless Children
6173.1 AR Education For Foster Youth
6174 AR Education For English Learners
6175 AR Migrant Education Program
7110 BP Facilities Master Plan
7210 BP Facilities Financing