An Administrator's Guide to California Private School Law

Chapter 21 – Child Care Centers/Preschools

health and safety standards and whether additional requirements are needed to meet that intent. CCLD also must ensure the waiver or exception does not negatively impact other children in care. 2716 E. T RANSITIONAL K INDERGARTEN Transitional kindergarten programs are academic-based programs which are the first year of a two-year kindergarten program. 2717 Transitional kindergarten programs are not likely subject to the CCLD’s licensing requirements as the children enrolled in these programs are not considered “preschool-age children.” As discussed in Section 2(A), above, “preschool-age children” are children who are not enrolled in either an infant care center (under two years of age) or a kindergarten or higher grade level program. 2718 Preschools that operate academic-based legitimate transitional kindergarten programs likely do not need to comply with CCLD’s preschool and child care center requirements. Transitional kindergarten uses a modified kindergarten curriculum which is age and developmentally appropriate. 2719 Private schools are not required to comply with public school kindergarten statutes and requirements, 2720 but private school transitional kindergarten programs must still ensure that instruction is taught in English, is taught by capable teachers, and covers the several branches of study taught in public school transitional kindergarten programs. 2721 As a practical matter, private schools offering transitional kindergarten programs may want to consider following the guidelines and requirements for public school kindergarten programs. LCW Practice Advisor CCLD may claim that preschools may not admit a child into a transitional kindergarten program if that child is below the age permitted for public transitional

kindergarten programs. Private schools, however, are not subject to the school-age requirements for public transitional kindergarten programs. This is a relatively unsettled area of law. Preschools should consult their legal counsel if they will permit children below the public school legal age into these programs. Preschools that offer both preschool and transitional kindergarten programs must ensure the preschool indoor and outdoor facilities and activity spaces comply with CCLD requirements. This includes, but is not limited to, ensuring that the preschool playground is enclosed by at least a four foot fence to protect children and keep them in the outdoor play area. 2722 Preschools may be able to obtain an exemption to CCLD facilities requirements for square footage, toilet, isolation space, outdoor activity, and fencing requirements if they are also using the playground and classrooms for kindergarten students. 2723

LCW Practice Advisor

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 631