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Home My WebLink About0218.093i 'I ~ ; , , u '1 I :1 f - AprilS, .lot93 'l'lIl!: IiONORABLE ern COUNCIL Palo ~lto, Calitornia Palo pto Co_~_:L'tY-Chi14 care: speei'L1i'''e4s Licensing' .:J.!l!I_sues Members of the council: Report in B~~! This report provides a sumroary of recent events which have occurred at .Juana Brior.es Kids I Corne.r and Escondido Kids I Club concerning Palo .1-.1 to Commu.ni t .. ~ Child Care (PACCC) enrollment practic.cs for children 'With special needs. This is an informational report and no Councjl action is requested. Clem Mur-ai, a first grader at Juana Briones El ementary school, receives his after-schoel child care at Escondido Kids' Club. He has cerebral palsy and is confined to a ~heelchair. His mother, Susan Murai, attempted to enroll him at ,Juana Briones Kids I Corner in the fall of 1992~ The Juana Briones Site Directc.r told her there ..... as no room available and that her child would be placed on a waiting list. Meanwhi 1e I PACCC provided a slot for Clem at Escondido# and the Palo Alto Unified School District (PAUSD) has provided transportation each day after school. From the beginning. Clem's mother was not satisfied with this arrangement. For several reasons, she feels thai:. her son belongs at J'J.ana Bric,nes and that he .is entitled to recei· .. e his child Cdre at the school he attenrjs, just as other children in the School District a:r:e. After smrLe tine. Clem r s mother began to suspect that PACCC' 5 waiting list claim was disingenuous~ She was able to determine that children with ~less special needs~ were being enrolled without dela),+, and charged that PACCC has been deliberately discriminating against her son. ,arrat.ive On March 41 1993, the State's Comml~nity Care Licensing Division visited Escondido Kids' Club and cited PACCC for serious licensing deficiencj es in t~'o areas. First J the Licensing Division requires a program servir..g a child in a wheelchair to obtain a sp'2.cial non ambulatory license which Escondido did not have, although they were serving Clem Murai. Second, it was found that Escondido Kids' Club did not have the proper school-age license, and \oI'as serving five Kindergarten-aged children who were underage, according to the terms of their license. EscondidD -1frI'as obliged to remove Clem from the program until PACCC obtained the necessarj operating license. CMR:218:93 I r I 1 I ( I I ! ! ..... . --. . . :;~ff;>t::'- -- - Page 7"".0 At this point, members of the City staff imt'.ediately beca~e actively involved in the situation. The City's Fire DE"partment visit ..... d Escondido and issued the necessa!"y fire clearance required by Li~ensing tor arion-ambulatory licenst!. BeCau.Ee of the prompt action of the Fire Marshal and his staff, and a slJ.bseq'..ient f,:,110·. up visit by the 1 icensor, E.scondido ",,"as granted a provisicnal license and Clem did not miss a day of child care. T'he following week, on March 10, 1993, the Licensing Civision conducted a monitor visit to Juana Briones Kids' Corner, and again fcund PACCC in non-compliance with licensing requjrements in two areas: first, for serving a child in a wheelchair, vanya Ng, ~ithout a non-ambulatory license (an identical situation to what had just transpired at Escondido, and particularly disturbing since Juana Briones is the School Dist.rict's site for the orthopedically Xandicapped (OR) Center); and second, for over-enrollment by eight children. PACCC has ~ en cited by the Licensing Division for over enrollment in two other c.enters over the past t.welve months. 'MI""hile the Fire Department immediately visited Juana Briones to issue the necessary fire clearance, the Licensing Division took five days to revisit the Juana Briones program. As a result, vanya Ng was denied acvess to that program for three days, until Juana Briones was issued the non-ambulatory license •. ';'dditionally, PACCC asked eight families~ whose children are currently enrolled at Juana Briones Kids' Center, to voluntarily keep their children out of child care because of the over-enrollment citation. On March 17, lQ93, the Licensing Division issued a non-ambulatory license for Juana Briones Kids' Corner and increased their licensed capacity from 26 t~ 46. PAUSD has provided a second classroom, availa:ble through June 30. 1993, to accommodate PACCC 1 s over enrolled children. Vany~ Ng is croce again enrolled at Juana Briones :Kids' Corner, as are the children 'Who were over-enrolled. Because of these and other nan-co~pl iance issues, the State' s Co~~unity care Licensing Division has indicated its concern vith PACer.:::' s programs and has informed City staff that they wi 11 be scrutinizing all of PACCC's progra~s in the near future. citY_--1!.t:&ff Response to ISSU_~ To address the immediate concerns raised by State Licensing, C:ity staff has formally requested that FACCC take the following actions: 1) licenses licensed 2 ) members Initiate the process for obtaining non-ambulatory fo~ all PACCC school-age programs ~hich are not currently to serve that population. (see Attachment ~1) Develop a to ensure necessary resources special r.eeds training program for PAC~C staff that the:,. ar;;: adequately equi[lped with the to serve the Juana Briones School population. CMR:218:93 "' - Fage Three 3) contir,ue to 'Work 'With PAUSD to address the lor.g-te-rm !1oF.-ed for additional Spnce at Juana Brion~s Kids' Ce~ter. Additiona,lly, the City has requested that the two non-PACCC school age c:hild care providers (Nixon ar.d Fairmeado",· EleltE:~tary Scho..,l sites) obtain non-ambu.latcry licenses to be ablp. to accommodate special needs children at their home school sites, in accordance with the legislative mandate of the Americans 'With Disabilities Act (ADA) • PAUBD R~.pon8' to Issue The School District has t~ken the following actions to address the licensing issues raised at Juana Briones Kids' Center: 1) Arrangement for PACCC's Juana Briones staff to have access to the OH Center during the hours between 3:00 and 6:00 p.m. when the school is closed; 2) commitment to provide 20 hours of special needs t~aining to PACCC staff memb~rs at Juana Briones Kids l Corner; 3) Provision of additional classroom space for use by PACCC'S Juana Briones program, to accommodate children who ",rere over-enrolled. Th(! School District has committed to the additional classroom throlJ.gh J"uns 30 , .1993, at which time P.\USD ...,i11 determine future use of the classroom space for the 1993-94 school year~ Unreso 1 vedi I !ls~_es There are several unresolved issues related to the City's role in the provi~ion of schOOl-age child care and conformance ",'ith ADA requirements: 1) PACCC still must acquire pern:ar,ent addition~l classroom space, so that they may accommodate the increased need for child care at the Juana Briones site after June 30, 1993. 2) ~~ile the City's lease agreements with PACCC and the two school-age provjders at Nixon and Fairm~adaw Elementary Schools do not include language requiring the provider to make "reasonable accommodation" to serve a child with special needs (as mandated by ADA), the leases do require the provider to comply with all laws# and specifically prohibit the provider from discrimi.1ation on the basis of "physical handicap". The: one-jrear le.ase agreements, last renewed in November 1992, 'Would require an amendrr.ent to mandate compliance with the ADA. This amendment ",'ill be incorporated as part of the interim budget precess. Staf! .... i 11 recommend this action at that time. CMR:21S:9) nr I I I I r -, I f , ~ - t Page Four 3) The. School District ha;s th' .... s far assumed finarlcial responsibility for the necessarj licensin~ upgtades. Until the .Fire Department evaluates the fire safety/clearance criteria at each site, it remains unclear what, if any, capital improvements Iiw"Ollld be necessary for the programs to undergo in order to acccmrnodate a non-ambulatory chi ld in evacuating the premises during a fire ecergency. 4) As FACCC has not heretofore docll1!lented the past personnel proble1l'.s with regard to the site director at Juana Briones Rids ' Corner, it is expected that she will soon return to the site. Clem M~rai' s mothez refuses to use the Center while the current site director is present. As a result l she 'Will ccntinlle to have her child transported to Escondido Kics' Club each afternoon. This leaves the parent right where she started. with her child not enrolled in child care at the: Juar.a Briones site. PACCC is currently investigating the actions of the Juana Briones site director. Since PACCC c~nsiders this to be an internal personnel issue, in fermat ion pertaining ~o the agencyrs investigation of the site director has been unavailable to City staff. conelusJo:c. The situa.tion of Clem MUral must be speedily address:ed by PACCC to the satisfaction of his parents, the City, and the School District. C.le;n's mother holds the City and School District equally responsible because of the extended day ca.re lease agreell1ent between the City, PAUSD and PACCC. Because of the spe~jal needs population at Juana Briones, it is essential that the school-age child care program be able to serve children ~ith disabilities~ PACCC did not properly address or satisfactoril:{ re.sol ve thE; issue of serving Clem Murai at Juana Briones Kids' Corner. PACCC's claim that Clem was Oil the waiting list appears not to have been made in good faith. In gene~al, the rationale for den)ing him access to the program seems to have been related to his disability. PACCC~s action appears to have violated the spirit of ADA, which prohibits an agency from discriminating against a child with a disal:.ility. This action also appears to have violated the sublease between the City and PACCC. PACCC I S repeated citations by State Licens ing for over-enrollment is a serious pr-cble:rn. Quality of care is compromised .... ·hen teacher; child ratio standards ar-€ decreased by enroll ing additional children ~ithout increasing staff. This issue will require continued attention from PACCC's Board of Directors and City staff. In addition l the issue of over-enrollment should be addressed by the School District in terms of allocating long-term additional space. CMR: 218: 93 _____ , _________ ww Page .Five All school-age programs must be adequately prepar..ad to serve children ~.dth disabilities. City staff is working 'w'ith PACCC, the School District, and the t~o providers at Nixon and Fairmeadow 5choolS to ensure that "reasonable acco~~odations" will be made to serve all children with disabilities. This issue has been aqendized for the next City/School Liaison meeting on April 16. Staff from the City A1..lditor's office and the Police Department are currently pursuing an inve~tigation of Juana Briones and PJI..CCC regarding over-~nrollment practices and utiljzation of City subsidy funds at the Juana Briones site. City staff will submit that follo'W-up report y,?hen the investigation is complete. Respectfully submitted, ~~ Ilene Hertz Child care &: Yout.h Coordj nator . -'. /?a...:,./ /n-., ~ David Martin Administrator of Human Services ~~'~4fS p~ Thiltqen DiLfctor of CT -,, r ,.:f '--V""",,,?/~--n.~ (Ji# " CIty \./ cc: Jim Bro·,\11L Palo Alto Unified School District Gal~ Thompson, Palo Alto Community Child Care Attachments: PACCC Non-1L~ulatory License Listing city Manager's I£tter to Executive Dire~tor, PACCC CMR:218:93 -,-, ~ • " AITACHMU'IT '1 PACCC ~ Cu .. nlly Lken.<ed for NOG-Ambulalo[) Ss;hool-Me Prcgrnm I. 1, Briof:es Kids' Corner 1. Briones Elernmtary 5<;hool 4100 Onne Avenue 94306 8S6-614J Director: MAry Hemingway Interim Director. Rhobley Ward-Cotton Cap/lcity: 4(i 2. Duveneck Kid.' Corner Duveneek Elementary 5<;hool 705 Alester A venue 94303 328-8356 Director. Krisa Schonberger ~ty: 75 3. Escondido Kid,' Club Escondido Elementary 5<;hool 890 Escondida Road, Stanford 94305 855-9828 I>ire<-1or: Regi~.ia Abdul-Mateen ~ty:26 4. Walter Hay. Kids' Corner Walter Hays Elementary Scr.<l"l 1525 Midcflefield Road 94301 325-5350 Direcw.: Jo Lesser ~ty: 60 5, Ohlone Kids' Corner Ohlon. Elementary 5<;hool 950 Am.arillo Avenue 94303 493.m74 Direclor: Susan Dan skeT ~ty:40 (i·_~~:~C~j>:~-.' " .-'0.,:' . ", tV; .... "-'- - ------~-~---~-----'------------___:_----r-- !nIJnt:Tlld<!Jer Promm.i 6. Infant-Toddler C~ter 4111 Alma Stree; 94306 493-2240 DL'>CIor: Fran Has! Capacity: 20 7. Neighborhood Infant-Toddler Center 3<l5 N. California Avenue 943()! 321-3493 Direc1or: Polly Gardiner Capacity: 11 8. Ventura lnfant-Toddler Center 3990 Ventura Court 94306 493-5990 Director: Rhc!>le)' Ward-Cotton & Kim Moore Capacity: 36 PACCC Centers In ~ of ObtJtiWnc Non-Ambulatory Ucense SdJooJ-Age Pnwam. I. Addison Kids' Comer AddOOn Elementary School 650 Admsoo Av."u.e 9430 I 321-6806; MP Room: 323-45W Director: Mila E..'\<3It'.acion Capacity: 60 2, El Carmelo Kids' Corner El Ca.-melo Elementary School 3024 lkylLot Street 94306 S56-6150 Di=: Shelley Stroh Capacity: 60 3. Hoover Kids' Comer Hoover Elementary School 800 Barron A venue Palo Alto 94306 856-7559 Director: Shirley Davis Capocity: 42 j i I I I I 4, Palo Verde Kids' Corner Palo Verde Elementary School 3450 louis Road Palo Alto ~303 852·9475 Director: Mary Ag~' CajJacity: 26 Pre:ichOO! Programs S. College Terrace Contor 1300 Wellesley 94306 85&.15W Directo<, Tanya Sweuy-Gl •• "ln CapaciIJl:30 6. D<>wnlOWIl Childrel1's Center 555 Waverley Streel 94301 321·9578 Di=tor: Jane Conway Capacil)i', 24 7. Sojourner Truth Centor 3990 VentuT1l Court ~306 4934733 Director, Healher McLe\land Capacity: 32 NOD·PACCC Sdloola&e Programs ;n Process of Obtainin& Nou--Aml>ulaloI'Y ~ l. F.irrneadow Schoo! • Re<iwood Enrichment Center 500 B. Meadow Drive Palo Alto 94306 858-1006 D'.rector: Loren. Stanley Capacity: 30 2, NIxon School· Children's Creative ua.-ning Center 1711 Stanford AV<llue Palo Alto 94303 493·6006 Di=tor: fran MCbtyre Ca;>aci1Jl,6Q City of Pal.o Alto March :4!9, 1993 Gary Thomps~n, Executive Director Palo Alto community Child Care J99C Ventura Court Palo Alto~ California 94JO~ Dear Hr. Thompson: Offa o/·t.~Ci.? .MUMage" The City has received some complaints because child care for children ~ith special needs is net being provided at all of the child car-e locations. I am sure you understand how important it is that every child care facility be licensed to provide care for special needs children. I urge you to qive top priority to correcting this situation. Please keep me informed as to prcqress being made in all child care facilities read! and villing to childran with disahilities. JF/c! cc: City council Jim Brow'll David Mar-cin Ilene Hertz Very t.ruly ya'urs. / I :-// /.-U_->-'/-::::-C\'(.!JI JU!<E ntHING / J Cit.y Manager ( "-.3~,,,:,~ ,O,33263:' Fax getting receive