New CSPP Waiver Process Explained: What Programs Need to Know for 26-2027

California State Preschool Programs (CSPP) play a critical role in ensuring equitable access to early education for all children, including those with disabilities. As part of this commitment, CSPP contractors are required to meet a five percent enrollment set-aside for children with disabilities.

However, meeting this requirement can present real challenges for many programs. Recognizing these barriers, the California Department of Education (CDE) is introducing a new waiver process, set to launch in Fall 2027, to support programs that are unable to meet the requirement despite documented efforts .

Understanding the CSPP Disability Enrollment Requirement

Under California law, CSPP contractors must ensure that at least 5% of their funded enrollment consists of children with disabilities. This requirement is grounded in state education code and reflects a broader commitment to inclusion and equitable access.

To count toward this requirement, children must have a current Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP) on file .

Why the New Waiver Process Is Being Introduced

Despite strong efforts, not all programs are able to meet the 5% threshold. Barriers such as limited access to eligible children, documentation challenges, and family decisions can impact enrollment.

To address this, the CDE is developing a formal waiver process that allows CSPP contractors to:

• Demonstrate good faith efforts to comply

• Provide justification for not meeting the requirement

• Avoid penalties when circumstances are beyond their control

CSPP Waiver Timeline and Key Details

• First waiver application available: Fall 2027

• Applies to: Fiscal Year 2026–27

• Frequency: Annual application required (if needed)

This means programs should begin preparing now by strengthening documentation and tracking systems.

What Happens If Programs Don’t Meet the Requirement

Programs that fail to meet the set-aside without sufficient justification may be placed on conditional contract status, which can include:

• Increased monitoring

• Required corrective action

• Monthly reporting requirements

These consequences can create additional administrative burden, making early preparation essential 

Required Documentation for Waiver Approval

To qualify for a waiver, CSPP contractors must show clear evidence of their efforts. Documentation should focus on three key areas:

Recruitment and Enrollment Efforts

Programs must demonstrate active efforts to recruit and enroll children with disabilities, including:

• Outreach campaigns

• Partnerships with special education providers

• Enrollment tracking systems

Community Outreach and Collaboration

Strong collaboration with local partners is critical. Acceptable documentation may include:

• Outreach flyers and distribution details

• Emails or meeting notes with Local Education Agencies (LEAs)

• Call logs or inquiry records

• Needs assessments or partner mapping

Barriers to Enrollment

Programs must clearly document challenges that prevented enrollment, such as:

• Limited availability of eligible children

• Family refusal of services

• Service delivery limitations

Common Challenges CSPP Programs Face

Limited Access to Eligible Children

Some service areas simply do not have enough eligible children to meet the requirement, particularly in regions with low-incidence disabilities.

Documentation Barriers

Programs may struggle to obtain required documentation, including:

• Missing IEP or IFSP records

• Delays from families or agencies

• Refusal to share documentation

Transitions to Other Educational Settings

Children may leave CSPP programs when:

• They receive services in Transitional Kindergarten (TK)

• They are placed in special day classes due to Free Appropriate Public Education (FAPE) decisions

Examples of Acceptable Supporting Evidence

Programs preparing for a waiver should maintain detailed records, such as:

• Outreach materials and campaign documentation

• Communication logs with families and agencies

• IEP/IFSP documentation and service confirmations

• Referral forms and assessment tracking

• Family file notes and case documentation

These records help demonstrate good faith effort and compliance attempts.

The Role of the Children with Disabilities Annual Survey

Since the 2022–23 fiscal year, CSPP contractors have been required to complete an annual survey that captures:

• Whether the set-aside requirement was met

• If not, why it was not met

• What outreach efforts were conducted

This survey plays a key role in supporting waiver applications and demonstrating ongoing compliance efforts .

Best Practices to Prepare for the 2027 Waiver Process

To stay ahead of requirements, CSPP contractors should:

• Maintain consistent documentation year-round

• Build strong partnerships with LEAs and regional centers

• Track outreach and enrollment efforts systematically

• Train staff on compliance and reporting expectations

Preparation now will reduce risk and improve outcomes later.

The upcoming CSPP waiver process represents an important shift in how California supports inclusive preschool programs. While the 5% enrollment requirement remains a critical goal, the waiver process acknowledges the real challenges programs face.

By strengthening documentation, building partnerships, and preparing early, CSPP contractors can position themselves for success—ensuring both compliance and continued access for children with disabilities.

FAQs

What is the CSPP waiver process?

The CSPP waiver process allows programs to request an exemption from the 5% disability enrollment requirement if they can demonstrate documented efforts and valid barriers.

When does the CSPP waiver process begin?

The first waiver application will be available in Fall 2027 for the 2026–27 fiscal year.

What documentation is required for a CSPP waiver?

Programs must provide evidence of recruitment efforts, outreach to partners, and documented barriers to enrollment.

What happens if a CSPP program is non-compliant?

Programs may be placed on conditional status, requiring increased monitoring, corrective actions, and monthly reporting.

How can CSPP programs improve disability enrollment?

By strengthening partnerships with special education providers, improving outreach efforts, and maintaining clear documentation systems.

Sources:

EENFS Funded Enrollment Calculators: https://www.cde.ca.gov/fg/aa/cd/fundedenrollment.asp

MB 25-10:

Inclusive Resources Page:

Recent CDE Email:

https://app.sparkmailapp.com/web-share/gh5nLaMyiCDlO6SGdO3tFjGy6AYvL3vOZs82v_4_