HomeMy WebLinkAboutDC 02-03; Geissinger Day Care; Day Care (DC) (5)RONALD R. BALL
CITY AlTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
ClNDlE K. McMAHON
DEPUTY CITY ATTORNEY
JULIA L. COLEMAN
DEPUTY CITY ATTORNEY November 12,2002
Ms. Janaan Taylor
3016 Highland Drive
Carlsbad, CA 92008
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CAALSBAD, CALIFORNIA 92008-1 989
(760) 434-2891 FAX: (760) 434-8367
RANDEE HARLIB
ARDlS SEIDEL
SECRETARY TO CITY ATTORNEY
LEGAL SECRETARYIPARALEGAL
RE: Large Family Child Care Home Permit
Dear Ms. Taylor:
DC 02-03 Geissinger Daycare
Thank you for allowing Code Enforcement Officer Robin Nuschy and me to meet with
you on October 30, 2002 to discuss an allegation that you are operating a private school
at the address above. I appreciate your response to Ms. Nuschy’s October 11, 2002-
letter to you which asked you to describe the activities occurring in your home. Your
respoqse included a broad description of the types of activities you provide for the
children in your care.
The City issued an administrative daycare permit (“Permit”) to the subject address,
which included the condition that “the large family day care home may not be operated
as a private school.” Code Enforcement staff investigated the allegation that you are
operating a private school in the Geissinger Daycare Home (“Home”). This investigation
included two site visits to the Home, several telephone conversations with you, and the
exchange of letters between Code Enforcement staff and yourself. In addition, Code
Enforcement staff and the City Attorney’s office have responded to numerous telephone
calls from residents regarding this matter. Finally, both Code Enforcement staff and the
City Attorney’s office solicited assistance in this matter from the Carisbad Unified School
District, the State Department of Education, the State Department of Social Services,
Community Care Licensing Division and the San Diego County Office of Education.
Code Enforcement staff have received numerous telephone calls from concerned
residents wondering whether the parents of the school-aged children in your care are
complying with the State’s compulsory education law. The residents concerns derive
from observing school-aged children entering the Home early in the morning and leaving
the Home in the afternoon. Because these school-aged children are in the Home
during school hours, we understand how some residents may have concluded that you
are operating a private school in the Home in violation of the Permit. .
Ms. Janaan Taylor
November 12,2002
Page Two
School-aged children may satisfy the State’s compulsory education law by:
Attending public school; or
Receiving tutoring from a Multiple Subject Teaching Credentialed individual who
provides instruction in English in all branches of study required in public schools for
at least 175 days per calendar year for at least three hours per day between the
hours of 8:OO a.m. and 4:OO p.m.; or
Attending a private full-time day school or boarding school; or
Entering into an independent study agreement with a certificated employee of a
local school district designated as a “supervising teacher” who makes assignments,
evaluates the student’s work and assigns grades. (California Education Code
Section 48220 et seq.)
The Carlsbad Unified School District and/or the State Department of Education have the
authority to enforce the State’s compulsory education law. The City’s Code
Enforcement authority is limited to confirming your compliance with the Permit. The
parents of any school-aged children in your care are responsible for complying with the
State’s compulsory education law. However, I have contacted the Carlsbad Unified
School District and the State Department of Education regarding residents concerns
about the school-aged children in the Home during school hours. It is within these two
entities’ discretion whether this matter requires further investigation.
The Permit does not prohibit you from tutoring the school-aged children in your care, or
acting as a “supervising teacher,” as described above. The Permit prohibits the
operation of a private school in the Home. Individuals or entities that wish to operate a
private school in California must submit an affidavit to the State Department of
Education by October 15 of each year within which the school will operate. As of
November 4, 2002, the State Department of Education had no record of a private school
affidavit for 3016 Highland Avenue in Carlsbad.
Ms. Nuschy stated in her September 16, 2002-letter that, during her September 4 site
visit to the Home, “I observed five to six school age children using manipulative math
activities with a page of paper entitled “Math” to record their findings or answers.” 4
observed during our October 30, 2002 site visit two young girls, approximately seven
years old, playing tetherball, watching a video, and sitting at a computer together. The
presence of school-aged children in the Home during school hours, coupled with the
observations Ms. Nuschy and I made is not enough evidence to substantiate the
allegation that you are operating a private school in the Home. These observations also
support the reasonable conclusion that you are either tutoring or acting as a
“supervising teacher” to the school-aged children in the Home.
The California State Department of Social Services, Community Care Licensing Division
issues Large Family Child Care facility licenses. Ms. Rita Magaria Program Analyst with
the Community Care Licensing Division made an unannounced site visit to the Home on
Ms. Janaan Taylor
November 12,2002
Page Three
October IO, 2002. On this date, Ms. Magatia found no violations of the Large Family
Child Care Home license issued to the Home.
A resident made a second allegation that you have illegally converted the garage at the
address above into habitable space. Code Enforcement staff investigated this allegation
during the October 30, 2002-site visit to the Home. The garage was furnished with
items to facilitate childcare activities even though the garage doors were operable. The
City’s Child Care ordinance prohibits the use of a garage as a childcare facility, CMC
21.83.050(H). If it is your desire to convert the garage to a use other than for parking
motor vehicles, a building permit is required. Because the Zone Code requires a garage
for each single family dwelling, a separate garage would have to be built on site, if you
use the existing garage for childcare purposes.
In conclusion, Code Enforcement staff has insufficient evidence to substantiate the
allegation that you are violating the Permit by operating a private school in the Home
and I will recommend that Code Enforcement staff close the file on this allegation.
However, there is a code violation in the garage on your property any time the garage is
used for childcare activities. Please contact the City’s Building Department at 602-2700
regarding this matter within the next five business days.
Please contact me at 434-2891 if you would like to discuss this matter at any time.
Thank you, again, for your cooperation with Code Enforcement staff in this matter.
Very truly yours,
lia Coleman
eputy City Attorney
Mayor and City Council
City Manager
Community Development Director
Building and Code Enforcement Manager
Barbara Kennedy, Associate Planner
Robin Nuschy, Code Enforcement Officer