(a) Excused absences include the following:
- (1) Child illness, including medical, dental, and mental health appointments.
- (2) Parent illness, including medical, dental, and mental health appointments.
- (3) Government or self-imposed quarantine of the child or parent due to potential or actual exposure of a contagious disease.
- (4) Spending time with parent or other relative due to court-ordered custody or visitation.
- (5) Family emergencies, pursuant to subsection (d) below.
- (6) Absences that are in the best interest of the child, pursuant to subsection (e) below.
- (7) Observance of a religious holiday or absence due to a ceremony of the student's religion.
- (8) Any absence to accommodate the needs of a child with a disability, including services received as part of the individualized education program (IEP) or individualized family service plan (IFSP).
- (9) Any days for which a contractor is required by law to hold a child's space in the program in order to comply with due process requirements, including compliance with Education Code section 8489.1 and the requirements of subchapter 9 of this Chapter.
(b) For the absence to be deemed an excused absence, the attendance accounting records shall contain verification that includes:
- (1) The name of the child;
- (2) The date(s) of absence;
- (3) The specific reason for the absence as described in (a) and (h) of this section; and
- (4) The signature of the parent or the contractor's authorized representative if verification is made by telephone or through other electronic methods.
- (c) If an excused absence is based on time spent with a parent or other relative as required by a court of law, the family data file shall contain a copy of the Court Order.
(d) The following circumstances shall be considered a “family emergency”:
- (1) Lack or disruption of transportation that directly impacts the child's participation in the program.
- (2) Court date or court-ordered appointment for any person living with the child.
- (3) In the process of moving to another home
- (4) Illness, quarantine, or hospitalization of a sibling
- (5) Severe illness, death, or funeral of a relative
- (6) Utility emergency impacting the household
- (7) Severe weather conditions directly impacting the household such as weather alerts, disasters, or fire
- (8) Extreme family crisis including, but not limited to, loss of housing, domestic violence, being a witness or victim of a crime, or community concerns that make it unsafe for the child to participate in the program, as determined by the parent.
(e) The following circumstances shall be considered “in the best interest of the child”:
- (1) Parent/Family vacation or day off work
- (2) Child is tired/unable to participate in classroom activities/program
- (3) Sibling field trips
- (4) Visiting with a family member
- (5) Family bonding
- (6) Any other reason the parent deems to be in the child's best interest.
(f) Excused absences “in the best interest of the child,” also referred to as best interest days, shall be counted per each child in the family and shall be limited to the following:
- (1) 10 days during the contract period for children enrolled in CSPP classrooms that operate fewer than 220 days.
- (2) 20 days during the contract period for children enrolled in CSPP classrooms that operate 220 days or more.
- (g) Notwithstanding (f) above, excused absences “in the best interest of the child” for children who are experiencing homelessness, or have an incarcerated parent, or who are recipients of protective services or at risk of abuse or neglect, are not limited during the contract period.
- (h) Absences that are not deemed to be excused shall be limited to 10 per program year for each child. Any absence that is not an excused absence, as described above, shall be considered unexcused.
- (i) When a child is included in more than one family, all attendance policies shall apply per family.
- (j) Contractors shall inform parents of these, and any other policies related to attendance, no later than upon enrollment.
- (k) Except as required by California Code of Regulations (CCR), title 22, Social Security, division 12, Community Care Facilities Licensing Regulations, contractors shall not put in place any policies that require families to provide any additional documentation showing proof of excused absence beyond what is explicitly required by these regulations.
Note: Authority cited: Sections 8207 and 8231, Education Code. Reference: Sections 8205, 8207 and 8231, Education Code.
History
1. New section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).
2. Amendment of section heading and section filed 6-10-2026; operative 6-10-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 24).