An Administrator's Guide to California Private School Law

Chapter 21 – Child Care Centers/Preschools

A CCLD-issued license to operate a preschool is not transferable. 2701 If a preschool is sold, and the prospective buyers will continue to operate the facility as a preschool, the new owners must obtain a new license to operate the preschool from CCLD by complying with all requirements needed to apply for and obtain a license. 2702 1. C APACITY D ETERMINATION Capacity is the maximum number of children a licensed child care center may provide care and supervision to at any one time. 2703 The applicant must list the child care center’s capacity when applying for a license. CCLD will make a final determination of the facility’s capacity by reviewing the fire clearance, the applicant’s ability to comply with applicable laws and regulations, the facility’s available space, and the number of available staff to meet the care and supervision needs of the children. 2704 Upon issuance of a license, CCLD will list the facility’s specific capacity. 2705 The facility is prohibited from providing care and supervision for more children than listed in the license’s approved capacity. 2706 2. W AIVERS A ND E XCEPTIONS F ROM L ICENSING R EQUIREMENTS Preschools must maintain their child care center licenses at all times unless DSS provides prior written approval for a “waiver” or “exception.” 2707 DSS may approve the use of alternate concepts, programs, services, procedures, techniques, equipment, space, personnel qualifications, staffing ratios, or the conduct of experimental or demonstration projects, when the proposed alternative will be carried out safely and adequately. 2708 Preschools must submit requests to use alternative services or concepts to DSS in writing with substantiating evidence to support the request. 2709 DSS will approve or deny the request, or request additional information, within 30 days of its receipt of a request for a waiver or an exception. 2710 A “Waiver” is written permission, granted by CCLD, to use an alternative that meets the intent of a specific regulation. 2711 A “waiver” is based on facility-wide needs or circumstances, and concerns facility and staff issues which are not tied to a specific individual. 2712 Waivers remain in effect at a facility regardless of changes in attending children or employed staff members. 2713 For example, Title 22 requires 75 square feet of outdoor activity space for each child. If a facility can accommodate 50 children indoors, but only 30 outdoors, it would need a waiver to have a licensed capacity of 50 children. An “exception” is permission from the CCLD to use an alternative that meets the intent of a specific regulation and is based on a unique need of a specific staff member or child. 2714 Exceptions typically concern medical conditions of children or qualifications of staff. For example, a facility would need an exception to hire a teacher with only four months of work experience when six months of experience are required. Exceptions, when granted, are solely as to the subject individual and cannot be transferred to other children or staff members. Preschools must provide substantiating evidence to support the written request, including letters explaining the background of the request, how the intent of the required regulations will still be met, and the expected benefits in granting the request. 2715 In making its determination, CCLD will consider whether the requested alternative still meets the intent of the original regulation and

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 630