There are six classrooms with no more than 24 children total enrolled in each class. All children remain in their assigned classroom until 5:30, when classrooms begin combining and the children end up in room 3, which is the opening and the closing classroom. When asked how many students are usually present at 5:30 when the classes combine, the three closing staff stated not more than 24 children. Four of the staff interviewed corroborated this, stating that starting at 4:30, there are around five children in each classroom and that they do not leave until they can take their children to room 3 and there would be less than 24 children total present. By 5:45, all of the classes are combined and there are 24 or less children present.

According to Staff #1, if one of the two closing staff leaves room 3 to do a “closing check,” (i.e. checks all of the classrooms to ensure that the lights and the air-conditioner are off, the door is locked, etc.) and there are more than 12 children present, the staff conducting the closing check should take the extra children with them. When asked if any of the staff ever brought up ratio as an issue, Staff #1 stated that she was only made aware of ratio being an issue in the morning, when opening staff admitted to being over 12 children by 8:30 A.M., though the next staff would not be slated to start until 8:45 A.M. When asked what was done about this, Staff #1 stated that

Though eight of the nine staff denied being out of ratio, as one staff stated that it was possible that one of the closing staff left to conduct a closing check and that the opening classroom may have been out of ratio during opening hours, based upon interviews conducted, as no corroborating statements were made and it is thus unable to be determined whether a teacher was ever left alone with 23 children, the allegation has been determined to be Unsubstantiated.

This agency has investigated the complaint alleging there was a violation of Title 22, Division 12, Chapter 1, Article 06, Section 101216.3 “Teacher-Child Ratio.” The complaint alleged that (the) “Facility (is) operating out of ratio.” Based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated (formerly Inconclusive). A finding of Unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

According to Staff #1, volunteers are only used during the Tea Ceremony and Flower Arrangement classes. As documented on the 2019-2020 School Year Calendar, the Tea Ceremony class was scheduled to be held for six days during the school year (between September and April) while the Flower Arrangement class was scheduled for eight days. Each class is 30 minutes long. Based upon the list provided by the coordinator, there are nine volunteers used for the Tea Ceremony class and 10 volunteers for the Flower Arrangement class. The teachers accompany their classes so that the volunteers are never left unattended with the children. When asked for documentation on the volunteers, in an e-mail dated 04/16/20, Staff #1 stated the following, “more than 11 years ago when Tzu Chi Preschool started they required each volunteer to fill out the form and get a TB. Since 2014 they no longer required volunteers to get TB. Now volunteers also do not need to fill out any more forms or get their TB shots since teachers are always with the children at all times during the class with volunteers.” In other words, no documentation is kept on the volunteers.

Therefore, based upon record review, interviews conducted and documents obtained, the licensee did not verify the good physical health of each volunteer who works in the Center since they did not ensure that the 19 volunteers have the required immunizations, which poses a potential Health, Safety or Personal Rights risk to children in care.

This agency has investigated the complaint alleging that “Facility did not ensure that volunteers have the required immunizations.” Based upon the evidence as listed above, the allegation has been determined to be Substantiated. A finding of Substantiated means that the allegation has been found to be valid because the preponderance of the evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 101216 "Personnel Requirements" is being cited.

Please refer to 9099D for documentation of deficiencies.

An exit phone interview has been conducted with Director Lo. Appeal Rights were verbally explained to Director Lo as well. A copy of this report has been signed by LPA Bell. This report, along with the Appeal Rights, will be scanned via e-mail to Director Lo, who understands that an electronic “Read Receipt” and/or confirmation of receipt of the e-mail confirms receipt of the report and constitutes an electronic signature.