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HomeEducation CodeCh. 2Art. 13§ 8309 Preschool Contract Appeal Process

§ 8309 Preschool Contract Appeal Process

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8309 Preschool Contract Appeal Process

Key Takeaways

  • •If a preschool service provider's contract is ended, they can ask for a fair review.
  • •If the government cuts more than 4% or $25,000 (whichever is smaller) from their payment, they can ask for a review.
  • •If the government asks for more than 4% or $25,000 (whichever is smaller) back because of an overpayment, they can ask for a review.
  • •Before asking for a review about payment cuts or overpayments, the provider must have sent all their required monthly or quarterly reports.

Example

A preschool gets a letter saying the government is cutting $30,000 from their payment.

Since $30,000 is more than 4% or $25,000, the preschool can ask for a fair review. But first, they must make sure they’ve sent all their required reports.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8309 Preschool Contract Appeal Process

(a) The department shall provide an independent appeal procedure to each contracting agency providing preschool services pursuant to Section 8233 that shall be conducted by the Office of Administrative Hearings and shall be provided upon an appeal petition of the contracting agency in any of the following circumstances: (1) Termination of a contracting agency’s contract. (2) Denial of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s contracted payment for services schedule. (3) Demand for remittance of an overpayment of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s annual contract. (b) Before filing an appeal petition for an action taken pursuant to paragraph (2) or (3) of subdivision (a), the contracting agency shall have submitted all previously required standard monthly or quarterly reporting forms to the department. (Added by renumbering Section 8402 by Stats. 2021, Ch. 116, Sec. 207. (AB 131) Effective July 23, 2021.)

Last verified: January 23, 2026

Key Terms

terminationcontractschoolappealporthearingpetitioneffective july

Related Statutes

  • § 8307 Preschool Contract Dispute Appeals
  • § 48204.2 Pupil Residency Investigation Policy
  • § 74135 Petition Amendment And Impact
  • § 8306 Preschool Contract Dispute Appeals
  • § 8312 Hearing Examiner Final Decision

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 8309.
View Official Source