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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