Subject: Documentation of Strategies to Meet the Enrollment Set Aside for Serving Children with Disabilities Requirement Attention: Executive Directors and Program Directors of all California State Preschool Programs The purpose of this communication
Adam North
Adam North
adam@everychildca.org
Attention: Executive Directors and Program Directors of all California State Preschool Programs
The purpose of this communication is twofold. First, it serves to notify California State Preschool Program (CSPP) contractors that the California Department of Education (CDE), Early Education Division (EED) is actively developing the waiver application and review process for contractors that are unable to meet the enrollment set aside requirement for serving children with disabilities. Second, as the CDE moves closer to implementing the waiver process, this communication is intended to provide preliminary guidance on the types of documentation and evidence that may be needed to support responses to the annual Children with Disabilities Survey and upcoming waiver process. Additional information, including detailed instructions, timelines, and finalized documentation requirements, will be shared in forthcoming communications.
On November 18, 2025, the CDE released Management Bulletin (MB) 25-10: Support to CSPP Contractors on the Set Aside and Serving Children with Disabilities. This MB outlined enrollment and data requirements regarding the set aside and allowances for spending.
Education Code (EC) sections 8208(c)(1) and (d)(2)(A) direct the CDE to establish a waiver process for CSPP contractors that are unable to meet the set aside requirement. This process will allow contractors to provide justification or demonstrate circumstances that warrant an exemption from conditional contract status, due to not meeting the set aside requirement. When a contractor is out of compliance with statutory requirements, they may be placed on conditional status, which would result in additional monitoring, corrective action, and monthly reporting until the set aside requirement is met.
The first waiver application will be available in fall 2027 for the 2026-27 fiscal year (FY). Applications will be required annually thereafter if needed.
The EED is committed to supporting CSPP contractors in their efforts to meet the statutory five percent set aside for serving children with disabilities. When contractors are unable to meet this requirement, thorough documentation of at least the following is essential to demonstrate effort of compliance:
• Efforts to recruit and enroll children with disabilities;
• Outreach and/or collaboration with special education partners; and
• Barriers encountered that have prevented enrolling children with disabilities
The recommended documentation outlined below is intended to help contractors prepare for the upcoming waiver process and to demonstrate good faith efforts to enroll and serve children with disabilities.
Child with Disabilities Annual Survey
The Children with Disabilities Annual Survey was developed and implemented beginning FY 2022-23, with the purpose of collecting information on strategies contractors utilized to meet the enrollment set aside for children with disabilities and any outreach conducted when targets were not met. While the information collected through the annual survey has varied slightly from year to year; the survey has centered around three main data points:
1. If the set aside was met, how the contractor was able to meet the set aside percentage of funded enrollment for children with disabilities;
2. If the set aside was not met, why the contractor could not meet the set aside percentage of funded enrollment for children with disabilities;
3. If the set aside was not met, what community outreach was conducted by the contractor to special education partners to recruit additional children with disabilities.
Documentation Recommendations
To support contractors in documenting their efforts to meet the set aside requirements when preparing a waiver request, they may be required to provide evidence of their actions. Depending on the specific barriers they encountered, this documentation may include, but is not limited to, the examples listed below. These examples are intended solely to support waiver justification and do not alter the criteria for counting a child toward the set aside under Title 5 of the California Code of Regulations (5 CCR) Section 17732.1(c), which requires a current Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP) on file:
1. Challenges with community outreach including with local special education partners to increase enrollment (5 CCR sections 17707, and 17822)
Potential Evidence:
Outreach flyers (and statements on where the flyer was posted)
Emails and/or meeting notes with local special education partners
Call logs or inquiry records with specific agencies
Community partner mapping or needs assessment
Communication with the assigned Program Quality Improvement (PQI) office consultant
2. Children with disabilities transfer to the local educational agency (LEA) due to the free and appropriate public education (FAPE) offer for location of services (i.e. children are disenrolled from CSPP because services are being provided at an alternative location such as Transitional Kindergarten (TK) or a special day class) (5 CCR sections 17758, 17770, 17783, and 17822; EC 8489.1)
Potential Evidence:
Copy of IEP indicating FAPE offered and services to be provided at an alternative location
Email and/or call log of LEA confirmation that TK is the offer of FAPE
Family File documentation of parent communication and/or parent formal request to disenroll
Notice of Action including specific reason for disenrollment
3. Cannot obtain documents of the active IFSP or IEP from either the parent(s) or agency (regional center or LEA that issued the IFSP/IEP) (5 CCR sections 17758, 17770, and 17822)
Potential Evidence:
Email and/or call log of parent refusing to provide documentation
Written documentation from the parent stating they refuse to provide or do not have a copy of the IEP
Email and/or call log of LEA/regional center (RC) of attempted requests to obtain documentation (including a copy of the release of information)
4. Children with disabilities qualified for an IEP; however, the parent(s) declined services due to FAPE location offering, or other reasons. (5 CCR sections 17758, 17770, and 17822; EC Section 8489.1)
Potential Evidence:
Emails and/or call logs of LEA or RC confirmation
Family File documentation of parent indicating they refused IEP services
IEP signature page or notice of decision showing refusal or services page showing scheduling conflict with CSPP schedule
IEP documents showing that, during CSPP operating hours, the child attends a special education classroom or is pulled out of the CSPP classroom to receive special education services
5. Some children identified as possibly having disabilities may not have had the assessment and IEP process completed while enrolled in the CSPP (5 CCR sections 17706, 17770, 17782, and 17822; EC Section 8489.1)
Potential Evidence:
Family File, phone logs, case notes, or trackers for referral, assessment, and IEPs
Copy of referral forms including date of referral
Written documentation from the parent refusing assessment of the child
6. Children with disabilities may have a current 504, Individualized Program Plan (IPP) or are receiving services through a medical provider but do not meet the definition of children with exceptional needs. (5 CCR sections 17706, 17770, and 17822)
Potential Evidence:
Documentation of 504 or IPP plans
Family File documentation of parent’s refusal for a referral due to child receiving services through a medical provider, having an active 504 plan or IPP
7. Program has co-mingled inclusion classrooms (CSPP and Special Education Program/Special Day Class) that have CSPP students in the same classroom as co-mingled special education students (may be co-taught) but CWD are not enrolled in CSPP (5 CCR sections 17821(a)[3], and 17822)
Potential Evidence:
Handbook or overview of classroom structure
Memorandum of Understanding/Other written agreement with the Special Day Class
8. Service area with limited enrollment of children with disabilities, or where enrolled children have low-incidence disabilities requiring specialized supports that cannot be provided within a standard CSPP setting (5 CCR Section 17822)
Potential Evidence:
Email or other means of documented communication from the CDE’s Special Education Division Federal Program Monitoring Technical Assistance Unit, LEA, or RC confirming lack of eligible children within the CSPP service area
Note: This list of recommendations is not meant to be exhaustive. There may be other methods of documentation that would provide evidence of strategies used to attempt to meet the set aside requirement for children with disabilities.
If you have programmatic questions regarding the information in this email, please contact your assigned EED Program Quality Implementation Office Regional Consultant. The CDE, EED Consultant Regional Assignments directory web page can be accessed at www.cde.ca.gov/sp/cd/ci/assignments.asp.
Sincerely,
Early Education Division
California Department of Education
