Site Licensure &
License Exempt

Compliance
Indicator

Each site has a current license issued by the authorized licensing agency.

LEAs operating part-day or full-day CSPP classrooms that are exempt shall continue to meet all legal and contractual requirements of the CSPP, which includes adequate standards of Program Quality.

Regulations/Reference

EED Program Instrument: III. Program Quality EED 10 & 11
Health & Safety Code: 1596.792 & 1596.7925
Title 22: 101151
Education Code: 8205, 8228, 8231 & 8237
Title 5: 17775-17780 and 17792

Monitoring Review Evidence

• Current License & Current Receipt for Fee

• Licensing Citations (if any)

• Monitoring & Inspection Reports

• Certificate of Classroom Exemption from Title 22 Licensing Requirements issued by CDE

• Reviewer will conduct observation of:

  • Supervision

  • Indoor Space

  • Outdoor Space

  • Restroom Facilities

  • Drinking Water

NOTE: CDSS Community Care Licensing videos provide a deeper dive into many of these topics. Note that these videos have been directly embedded within the Sketch Pad Notes below.

Licensed Facility

CDSS Community Care Licensing Division. An Overview of Community Care Licensing [Video]. Embedded June 1, 2022 from ccld.childcarevideos.org

California Department of Social Services, Child Care Licensing Program provides oversight and enforcement for licensed Child Care Centers and Family Child Care Homes through 21 Regional Offices located throughout California.

When a facility is initially approved, a license will be issued.

License must be posted at the center or family child care home at all times.

A license has an effective date, but not an expiration date. To maintain an active license a facility must:

• Operate according to the California Health & Safety Code & Title 22 of the California Code of Regulations

• Pay licensing fees

Licensing Fees

CDSS Community Care Licensing Division. Child Care Licensing Fees [Video]. Embedded June 1, 2022 from ccld.childcarevideos.org

Operators of a licensed child care site are required to pay a one-time orientation fee, annual fees, relocation fees & capacity increase fees.

The regulations require that a licensed site maintain records showing receipt of payment for licensing fees. Records may include a purchase order, proof of online payment or canceled check.

NOTE: To ensure a sites payment is not missed, contractors with multiple centers may request a combined bill that reflects annual fees for all sites. To do so, contact your Regional Licensing Office and ask to be placed on the Consolidated Billing Program.

Licensing Monitoring & Inspection

CDSS Community Care Licensing Division. Community Care Licensing Inspection Authority [Video]. Embedded June 1, 2022 from ccld.childcarevideos.org

The Child Care Licensing Program is responsible to visit facilities to conduct:

• Pre-licensing inspections

• Unannounced facility inspections

• Complaint investigations

• Follow-up inspections.

After each visit, the Licensing Program Analyst will issue a facility evaluation report, that if applicable will include any citations.

During a program review, a contractor must provide the reviewer with the most recent licensing facility evaluation report, along with if applicable any issued licensing citations and the Certificate of deficiency clearance.

NOTE:

• Licensing Evaluator Material and Tools are available on the Community Care Licensing website, within the Laws & Regulations page.

• Facility Evaluation Reports are made available online to the public

LEAs Choosing to be Exempt From Licensing

CDSS Community Care Licensing Division. Understanding Licensed Care and License-Exempt Care [Video]. Embedded June 1, 2022 from ccld.childcarevideos.org

According to the regulations, a Local Educational Agency (LEA) means a school district, county office of education, or charter school & is also referred to as a LEA.

An LEA is required, as part of its annual notification, to clearly indicate which of its CSPPs are operating as exempt from licensing & which of its CSPPs are operating pursuant to Title 22 licensing requirements. 

At the time of initial funding and thereafter yearly as a part of the continued funding process, the California Department of Education will determine whether a LEA meets the conditions to be license exempt, including:

• Facility located on school grounds meets specific requirements

• Classroom is only serving 4 year old children

• Classroom meets all health and safety requirements based on the California Code of Regulations

Supervision & Monitoring Requirements

• Visual supervision required at all times by adult staff (indoors, outdoors, and toileting)

• Children must be monitored for behavior & wellness throughout the day

• Report & document any unusual behavior, injury, or signs of illness to the child’s parent/guardian

• Direct visual supervision required for ill children

Indoor space must support the number of children present & must:

• Meet California kinder classroom standards if in a permanent structure (CCR Title 5, Chapter 13)

• Be kept safe & sanitary

• Provide age-appropriate equipment, toys, & materials in good condition & enough for all children

• Ensure materials & surfaces are accessible & free of toxic substances

• Provide individual storage space for each child’s clothing & personal belongings

Outdoor Space Requirements

• Outdoor space must accommodate the number of children present

• Provide adequate shade to protect children from sun exposure (trees, landscaping, or shade structures that are safe and in good condition)

• Outdoor areas must be restricted to preschool–kindergarten age children

• Area must be enclosed by a fence or barrier at least 4 feet high

• Equipment & activity areas arranged safely to avoid conflicting activities

• Play equipment must be age-appropriate & securely anchored

• Shock-absorbing surfaces required under & around climbing equipment, swings, & slides (extending at least 6 feet)

Restroom Facilities

• Must be within the classroom or preschool complex & used only by children

• Must be accessible to children throughout the entire school day

• Provide 1 toilet & 1 sink for every 15 children (child-sized)

• Include accommodations for children with exceptional needs or developmental delays

• Hot water must be set to prevent scalding

• Soiled clothing stored in airtight containers, kept out of children’s reach, & sent home the same day

Drinking Water

• Clean, safe drinking water must be available all day

• Water can be provided through a drinking fountain, water cooler with cups, or similar device

• If the water source is too high, provide anchored steps or a stable platform for child access

• Drinking fountains must be kept clean, safe, & in working condition

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