On Saturday, April 4, 2020 Governor Gavin Newsom signed an executive order that will facilitate child care for children of essential critical infrastructure workers by allowing the California Department of Education and California Department of Social Services the flexibility to waive certain programmatic and administrative requirements in response to the COVID-19 pandemic.

The waivers will focus on current eligibility and enrollment priorities that prevent child care and afterschool programs (ASES and 21st CCLC) from serving children of essential infrastructure workers. The waiver will allow eligibility for child care to prioritize essential workers, including health care professionals, emergency response personnel, law enforcement, and grocery workers.

Additionally, the order states that the Department of Education and the Department of Social Services shall jointly develop and issue guidance on how the essential worker prioritization will roll out, as well as guidance on how child care programs and providers can safely provide care. The full press release can be accessed here.

The Expanded Learning Division plans to release guidance within the next few days related to this Executive Order.

Below are relevant portions of the EO to ASES and 21st CCLC Programs. A full copy of the Governor’s executive order can be found here and the text can be found here.

6. Any provision in Article 22.5 of Chapter 2 of Part 6 of Division 1 of the Education Code and any accompanying regulations related to the After School Education and Safety Program that restricts a program funded pursuant to that Article from operating during the hours that school is ordinarily in session while a school is closed to address COVID-19 or from serving school-age children of essential critical infrastructure workers, defined consistent with Executive Order N-33-20 and as described in the document posted at
https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf, is suspended for a period of 60 days. The California Department of Education may waive any of the reporting, auditing, or other requirements specified in Education Code section 8482.3(f) for the period covered by this suspension.   

7. To the extent that any provision in Article 22.6 of Chapter 2 of Part 6 of Division 1 of the Education Code and any accompanying regulations related to 21st Century Community Learning Centers grant includes requirements beyond the requirements imposed by federal statutes or regulations, those requirements are suspended for a period of 60 days.

8. The calculations applicable to calendar year 2019 required by Education Code sections 8483.7(a)(1)© and 8483.7(a)(1)(D) for recipients of the After School Education and Safety grant are suspended.

9. The calculations applicable to calendar year 2019 required by Education Code section 8426(d)(2) and (3) for recipients of the 21st Century High School After School and Enrichment for Teens (ASSETs) are suspended, to the extent such suspension is consistent with applicable federal statutes and regulations (including, but not limited to, any applicable federal statutes or regulations with which compliance is required as a condition for the receipt of federal funds).