An Administrator's Guide to California Private School Law

Chapter 21 – Child Care Centers/Preschools

 If the volunteer is to be fingerprinted, a signed statement regarding their criminal history or documentation of either a criminal record clearance or a criminal record exemption. 2811

All personnel records must document the actual hours worked at the preschool by the employee or volunteer. 2812 The records must be kept confidential. DSS, however, has the authority to inspect and copy the records to ensure the child care center is complying with Title 22 and the required regulations. 2813 All personnel records must be kept by the preschool for at least three years following termination of employment. 2814 LCW Practice Advisor Title 22 is silent as to what preschools must do with employee records after three years following

termination of employment. While preschools may be able to destroy those records after three years, we recommend that preschools retain those records for at least five years, as the records may be useful in defending against various legal claims that can be made by other employees, students and parents..

Section 5 F ACILITY R EQUIREMENTS Title 22 sets forth the physical requirements for a preschool facility, including the building condition, the required indoor and outdoor space, and the preschool’s equipment and supplies. DSS will conduct a site inspection of the facility prior to issuing a license to ensure the facility complies with these requirements. 2815 Preschools must also notify DSS of any proposed construction or alterations to the facility prior to beginning those projects. 2816 DSS may make unannounced visits to the facility at any time during its operational hours to ensure the facility is in compliance with DSS requirements. 2817 DSS may require the preschool to obtain a building inspection if it suspects health or safety hazards exist. 2818 A. F ACILITY C ONDITIONS A ND S AFETY The facility must be kept clean, safe, sanitary, and in good repair at all times. 2819 Smoking is strictly prohibited on the premises of a preschool. 2820 Preschools must ensure the facility is safe and secure for the attending children. Preschools must protect children against hazards which may be contained in the building. 2821 To comply with this duty, preschools must take the following safety precautions:

 Nonslip material or other protective devices must be placed on all rugs; 2822  All passageways and other areas must be kept free from obstruction; 2823

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 642