ARTICLE 14. Contract Procedures [8325. - 8334.]

Cal. Education Code - EDC 14.
in effect

Cal. Education Code - EDC § 8325. Section 8325.

The department shall develop an annual calendar identifying target dates for contract application deadlines, contract award announcements, contract approvals, and contract evaluations. Each calendar shall be available to the public and shall be updated at least annually.

Cal. Education Code - EDC § 8327. Section 8327.

Application announcements shall contain, but not be limited to, the following information: the goals and objectives of the program, identification of the specific minimum range of services to be purchased related to those goals, quantitative as well as qualitative measures that will be used by the department to evaluate service outcomes, specific criteria and a description of the methodology and timetable that will be followed to review and approve applications, and all minimum performance standards any agency is required to meet prior to contract approval.

Cal. Education Code - EDC § 8329. Section 8329.

(a) The department shall include all of the following in the application announcement: (1) The time estimated for each step. (2) The specific staff names, office addresses, and telephone numbers for those responsible for each step. (3) The legal requirements and signatory approvals required prior to final approval of any contract. (4) Any conditions for advance payments shall also be identified. (b) This information shall be provided in any application announcement.

Cal. Education Code - EDC § 8330. Section 8330.

The department shall identify and transmit to all agencies awarded contracts forms required for contract payments, management information or reports required pursuant to contract objectives, and conditions and methods for contract evaluations. Methods and conditions for payment recoveries, withholding of payments, and contract terminations relating to nonperformance shall also be identified. This information shall be provided in all cases prior to final approval of any contract, unless the information is provided in the contract document.

Cal. Education Code - EDC § 8331. Section 8331.

The department shall develop a grievance procedure for resolving disputes arising from the awarding or administering of contracts, in addition to the remedies provided under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

Cal. Education Code - EDC § 8332. Section 8332.

(a) The Legislature hereby finds and declares that greater efficiencies may be achieved in the execution of state subsidized preschool program contracts with public and private agencies by the timely approval of contract provisions by the Department of Finance, the Department of General Services, and the department and by authorizing the department to establish a multiyear application, contract expenditure, and service review as may be necessary to provide timely service while preserving audit and oversight functions to protect the public welfare. (b) The Department of Finance and the Department of General Services shall approve or disapprove annual contract funding terms and conditions, including the family fee schedules, and contract face sheets submitted by the department not more than 30 working days from the date of submission, unless unresolved conflicts remain between the Department of Finance, the department, and the Department of General Services. The department shall resolve conflicts within an additional 30 working day time period. Contracts and funding terms and conditions shall be issued to contractors no later than June 1. Applications for new preschool funding shall be issued not more than 45 working days after the effective date of authorized new allocations of preschool moneys. (c) With respect to subdivision (b), it is the intent of the Legislature that the Department of Finance annually review contract funding terms and conditions for the primary purpose of ensuring consistency between contracts and the budget. This review shall include evaluating any proposed changes to contract language or other fiscal documents to which the contractor is required to adhere, including those changes to terms or conditions that authorize higher reimbursement rates, modify related adjustment factors, modify administrative or other service allowances, or diminish fee revenues otherwise available for services, to determine if the change is necessary or has the potential effect of reducing the number of full-time equivalent children that may be served. (d) Notwithstanding the June 1 date specified in subdivision (b), changes to the fee schedule may be made at any other time to reflect the availability of accurate data necessary for its completion, provided it receives the approval of the Department of Finance. The Department of Finance shall review the changes within 30 working days of submission and the department shall resolve conflicts within an additional 30 working day period. Contractors shall be given adequate notice before the effective date of the approved schedules. It is the intent of the Legislature that contracts for services not be delayed by the timing of the availability of accurate data needed to update these schedules.

Cal. Education Code - EDC § 8333. Section 8333.

The department may execute a multiyear application process. Multiyear applications may only be submitted by public and private agencies that have been fully compliant in executing prior contracts for at least the preceding three fiscal years as evidenced by all of the following: (a) No fiscal audit disclaimer. (b) No program quality deficiencies. (c) No contract compliance deficiencies. (d) No incidents of child abuse or molestation. (e) No program management, administrative, or staffing deficiencies. (f) Any other criteria as may be deemed necessary to safeguard the public trust.

Cal. Education Code - EDC § 8334. Section 8334.

(a) (1) The State Department of Education shall develop and implement a streamlined request for application process for existing California state preschool program contractors to be awarded new California state preschool program slots. (2) The State Department of Education shall collaborate with the State Department of Social Services to ensure the streamlined request for application process pursuant to paragraph (1) is, where applicable, similar to the streamlined request for application process in the general childcare and development program. (b) A contractor who meets any of the following conditions during a request for application cycle shall be ineligible for the streamlined request for application process: (1) The contractor is on conditional status because of fiscal or programmatic noncompliance. (2) The State Department of Education has conducted a review pursuant to Section 17794 of Title 5 of the California Code of Regulations and the contractor has failed to resolve items of fiscal and programmatic noncompliance identified in the review within 12 months of the issuance of the review report. (3) The State Department of Education has evidence that the contractor has not been able to successfully fulfill current contract requirements by serving children in a quality program and fiscally responsible manner. (4) As described in Section 8316, the contractor has in place or places, a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds or a state or federal crime involving moral turpitude. (5) The State Department of Education reduced the contractor’s current year maximum reimbursement amount due to the contractor’s inability to utilize its full contract amount because of low enrollment or low expenditures for the same contract type. (6) The contractor was previously awarded state preschool program expansion funding and has not yet started to provide services with that funding. (7) The contractor has an outstanding accounts receivable balance with the State Department of Education. (8) The contractor has a delinquent audit pursuant to Section 17825 of Title 5 of the California Code of Regulations.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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