SECTIONS 8240-8244 - California Statutes

EDUCATION CODE

SECTION 8240-8244

8240. The Superintendent of Public Instruction, with funds
appropriated for this purpose, shall administer general child care
and development programs.
General child care and development programs shall include:
(a) Age and developmentally appropriate activities for children.
(b) Supervision.
(c) Parenting education and parent involvement.
(d) Social services that include, but are not limited to,
identification of child and family needs and referral to appropriate
agencies.
(e) Health services.
(f) Nutrition.
(g) Training and career ladder opportunities, documentation of
which shall be provided to the Department of Education.

8241. Programs operated pursuant to this chapter may be designed to
meet child-related needs identified by parents or guardians which
may include, but are not limited to, the following:
(a) Care for school-age children during non-school hours.
(b) Weekend care.
(c) Night shift care.
(d) Worksite care.
(e) Temporary emergency child care.
(f) Child care for ill children.

8244. (a) (1) Any entity operating child care and development
programs funded pursuant to this chapter that provide direct services
to children at two or more sites, including through more than one
contract or subcontract funded pursuant to this chapter, shall employ
a program director.
(2) Programs providing direct services to children, for the
purposes of this section, are general child care and development
programs pursuant to Article 8 (commencing with Section 8240),
migrant child care and development programs pursuant to Article 6
(commencing with Section 8230), campus child care and development
programs pursuant to Article 4 (commencing with Section 8225), state
preschool programs pursuant to Article 7 (commencing with Section
8235), child care and development services for children with special
needs programs pursuant to Article 9 (commencing with Section 8250),
infant care and development services programs pursuant to Article 17
(commencing with Section 8390), and any of these programs operated
through family child care homes.
(b) (1) For purposes of this section, the following definitions
shall apply:
(A) "Administrative responsibility" means awareness of the
financial and business circumstances of the program, and, in
appropriate cases, supervision of administrative and support
personnel and the knowledge and authority to direct or modify
administrative practices and procedures to ensure compliance to
administrative and financial standards imposed by law.
(B) "Program director" means a person who, regardless of his or
her title, has programmatic and administrative responsibility for a
child care and development program that provides direct services to
children at two or more sites.
(C) "Programmatic responsibility" means overall supervision of
curriculum and instructional staff, including instructional aides,
and the knowledge and authority to direct or modify program practices
and procedures to ensure compliance to applicable quality and health
and safety standards imposed by law.
(2) Administrative and programmatic responsibility also includes
the responsibility to act as the representative for the child
development program to the State Department of Education. With
respect to programs operated through family child care homes,
administrative and programmatic responsibility includes ensuring that
quality services are provided in the family child care homes.
(c) The program director also may serve as the site supervisor at
one of the sites, provided that he or she both fulfills the duties of
a "day care center director," as set forth in Section 101315 of
Title 22 of the California Code of Regulations, and meets the
qualifications for a site supervisor as set forth in subdivision (aa)
of Section 8208.
(d) The Superintendent of Public Instruction may waive the
qualifications for program director described in Sections 8360.1 and
8360.3 upon a finding of one of the following circumstances:
(1) The applicant is making satisfactory progress toward securing
a permit issued by the Commission on Teacher Credentialing
authorizing supervision of a child care and development program
operating in two or more sites or fulfilling the qualifications for
program directors in severely handicapped programs, as specified in
Section 8360.3.
(2) The place of employment is so remote from institutions
offering the necessary coursework as to make continuing education
impracticable and the contractor has made a diligent search but has
been unable to hire a more qualified applicant.
(e) The Superintendent of Public Instruction, upon good cause, may
by rule identify and apply grounds in addition to those specified in
subdivision (d) for granting a waiver of the qualifications for
program director.