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§ 17775. General Provisions.

5 CA ADC § 17775Barclays Official California Code of RegulationsEffective: July 1, 2022

Barclays California Code of Regulations
Title 5. Education
Division 1. California Department of Education
Chapter 18.5. California State Preschool Program
Subchapter 8. Local Educational Agencies Operating Cspps Exempt from Licensing Regulations
Article 1. Health and Safety Requirements
Effective: July 1, 2022
5 CCR § 17775
§ 17775. General Provisions.
Currentness
(a) The regulations in subchapter 8 apply only to local educational agencies (LEAs) operating part-day or full-day California State Preschool Program (CSPP) that choose to be exempt from California Code of Regulations (CCR), title 22, pursuant to Health and Safety Code section 1596.792(o).
(b) LEAs operating part-day or full-day CSPP classrooms may choose for any or all classrooms to be exempt from CCR, title 22 licensing requirements as long as they continue to meet all legal and contractual requirements of the CSPP, which includes adequate standards of Program Quality, pursuant to subchapter 2 of this chapter, as well as meet the following conditions:
(1) The LEA has a contract to perform CSPP services and performs those services directly, and not as a subcontract for preschool services;
(2) The LEA is performing such services in a school building, as defined by Education Code section 17283, and the school building in which the services are performed has been determined to be compliant with the provisions of the Field Act, pursuant to title 1, division 1, part 10.5, chapter 3, articles 3 and 6 of the Education Code, according to the Division of the State Architect;
(3) The school building in which services are performed is maintained in good repair as defined by Education Code section 17002 and is subject to a yearly facility inspection pursuant to Education Code section 1240 and the information is included on the LEA's School Accountability Report Card.
(4) The LEA facility meets the requirements for kindergarten classrooms in accordance with chapter 13 (commencing with section 14000) of division 1 of CCR, title 5.
(c) Any LEA operating a CSPP classroom pursuant to this article may only serve four-year-old children as defined in Education Code section 8205 in the exempted classrooms. CSPP classrooms with any child younger than four years of age shall meet CCR, title 22 licensing requirements.
(d) The California Department of Education (CDE) shall make a determination whether an LEA meets the requirements of this article at the time of initial funding and thereafter yearly as part of the continued funding process. At any time, the CDE may make a finding that an LEA does not meet the requirements for license exemption and shall notify the LEA of such finding. The LEA may appeal this finding pursuant to section 17833.
(e) The CDE shall immediately notify the California Department of Social Services, Community Care Licensing Division, regarding any change in the licensing status of an LEA and/or if a determination is made that an LEA does not meet the requirements of Health and Safety Code section 1596.792(o) and this subchapter and should be subject to licensing.

Credits

Note: Authority cited: Section 8231, Education Code; and Section 1596.7925, Health and Safety Code. Reference: Section 8205, Education Code; and Sections 1596.792 and 1596.7925, Health and Safety Code.
History
1. New subchapter 8 (article 1, sections 17775-17781) article 1 (sections 17775-17781) and section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 5, § 17775, 5 CA ADC § 17775
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