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Department of
SOCIAL SERVICES

Community Care Licensing


FACILITY EVALUATION REPORT

Facility Number: 435700770
Report Date: 09/18/2026
Date Signed: 09/18/2026 11:59:25 AM

Document Has Been Signed on 09/18/2026 11:59 AM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH CC RO, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
FACILITY NAME:LEVEL UP MONTESSORI - MILPITASFACILITY NUMBER:
435700770
ADMINISTRATOR/
DIRECTOR:		MUTHULAKSHMI DHIVAKARANFACILITY TYPE:
860
ADDRESS:301 S. ABBOTT AVETELEPHONE:
(408) 263-8802
CITY:MILPITASSTATE: CAZIP CODE:
95035
CAPACITY: 92TOTAL ENROLLED CHILDREN: 92CENSUS: 42DATE:
09/18/2026
TYPE OF VISIT:Case Management - OtherUNANNOUNCEDTIME VISIT/
INSPECTION BEGAN:
08:30 AM
MET WITH:DIrector Muthulakshmi DhivakaranTIME VISIT/
INSPECTION COMPLETED:
12:00 PM
NARRATIVE
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On 9/18/2026 at 8:30 am, Licensing Program Analyst (LPA) Manel Estoesta conducted a case management visit. LPA met with the director, Muthulakshmi Dhivakaran, and explained the nature of the visit. On this visit, there were 7 Staff Members, 7 Toddlers and 35 Preschool Children. The facility is running from Monday to Friday, 8:30 am to 5:30 pm.

This visit was a result of complaint investigations conducted on the same day.

During the investigation visits, LPA conducted room observations, interviews and reviewed facility records. LPA also obtained copies of relevant facility records.

Based on the reviewed facility records, that on the following date and time,

On 8/24/2026, from 5 pm to 5:30pm, there were 2 staff members, 2 toddlers and 21 preschool children. On 8/26/2026, from 5 pm to 5:30pm, there were 2 staff members, 3 toddlers and 18 preschool children. On 8/27/2026, from 5 pm to 5:30pm, there were 2 toddlers and 19 preschool children.

The licensee is in violation of - Teacher-Child Ratio - section 101216.3 (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance…...

and

Jason Jang
Manel Estoesta
DATE: 09/18/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE: DATE: 09/18/2026
This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC809 (FAS) - (06/04)
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California Health & Human Services Agency
California Department of Social Services

FACILITY EVALUATION REPORT California law requires a public report of each licensing visit/inspection. This report is a record for the facility and the licensing agency. This report is available for public review; therefore, care is taken not to disclose personal or confidential information. Inquiries concerning the location, maintenance, and contents of these reports may be directed to the Licensing Program Analyst or Regional Office whose address and telephone number are listed on the front of this form.

DEFICIENCIES A deficiency is an instance of noncompliance with licensing requirements, including applicable statutes, regulations, interim licensing standards, operating standards, and written directives. Applicants/ licensees must be notified in writing of all licensing deficiencies. Deficiencies are listed on the left side of this form, and the applicable licensing requirement upon which the deficiency is identified. There are two types of deficiencies:
  • Type A deficiencies are violations of licensing requirements that, if not corrected, have a direct and immediate risk to the health, safety, or personal rights of persons in care.
  • Type B deficiencies are violations of licensing requirements that, without correction, could become a risk to the health, safety, or personal rights of persons in care, a recordkeeping violation that could impact the care of said persons and/or protection of their resources, or a violation that could impact those services required to meet the needs of persons in care.

PLANS OF CORRECTION (POCs) The licensing agency is required to establish a reasonable length of time to correct a deficiency. In order to set the time, the licensing agency must take into consideration the seriousness of the violation, the number of persons in care involved, and the availability of equipment and personnel necessary to correct the violation. Applicants/licensees are requested to provide a specific plan for each violation on the right side of the form across from each deficiency. The more specific the plan, the less chance exists for any misunderstanding in setting time limits and reviewing corrections. The applicant/licensee who encounters problems beyond their control in completing the corrections within the specified time frame may request and may be granted an extension of the correction due date by the licensing agency.

CORRECTION NOTIFICATION The applicant/licensee is responsible for completing all corrections and promptly notifying the licensing agency of corrections. Applicants/licensees are advised to keep a dated copy of any correspondence sent to the licensing agency concerning corrections, or if corrections are telephoned to the licensing agency, the date, person contacted, and information given.

CIVIL PENALTIES The licensing agency is required by law to issue a Penalty Notice, when applicable, to all facilities holding a license issued by the licensing agency, or subject to licensure, except Certified Family Homes, Resource Families, and Foster Family Homes, or any governmental entity.

PENALTY NOTICE GIVEN The statement concerning civil penalties serves as a penalty notice on this Licensing Report and failure to correct cited licensing deficiencies will result in civil penalties. Applicants/ licensees are required to pay civil penalties when administrative appeals have been exhausted and in accordance with any payment arrangements made with the licensing agency.

APPEAL RIGHTS The applicant/licensee has a right without prejudice to discuss any disagreement in this report with the licensing agency concerning the proper application of licensing requirements. The applicant/ licensee may request a formal review by the licensing agency to amend or dismiss the notice of deficiency and/ or civil penalty. Requests for review shall be made in writing within 15 business days of receipt of a deficiency notification or civil penalty assessment. Licensing deficiencies may be appealed pursuant to the procedures in the LIC 9058 Applicant/Licensee Rights.

AGENCY REVIEW The licensing agency review of an appeal may be conducted based upon information provided in writing by the applicant/licensee. The applicant/licensee may request an office meeting to provide additional information. The applicant/licensee will be notified in writing of the results of the agency review within 60 business days of the date when all necessary information has been provided to the licensing agency.

EMAIL REQUIREMENT Adult Community Care Facilities, Residential Care Facilities for the Chronically Ill, and Residential Care Facilities for the Elderly are required to provide and maintain an active email address of record with the licensing agency.

LIC809 (FAS) - (09/23)
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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH CC RO, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
FACILITY NAME: LEVEL UP MONTESSORI - MILPITAS
FACILITY NUMBER: 435700770
VISIT DATE: 09/18/2026
NARRATIVE
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Care for Toddlers within a Licensed Preschool Center section WD 101804(b)(2) - a ratio of six children to each teacher shall be maintained for all children in attendance in the toddler component……

On 7/1/2026, the licensee was cited for the section 101216.3 (a) with a Type A deficiency.

LPA Estoesta informed the Director that this report dated 9/18/2026, included a Type A deficiency which shall be posted as there is an immediate risk to the health, safety, or personal rights of children in care, for 30 days & provide copies of this report to parents/guardians of.

(1) children in care at the facility

(2) children newly enrolled at the facility during the next 12 months

LIC 9224 - Acknowledgement of Receipt of Licensing Reports which is to be placed in each child's file.

An immediate civil penalty of $1000 is hereby assessed for the repeat violation.

A notice of site visit was given and must remain posted for 30 days.

Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

LPA recommended to the Director that the licensee can register to the CCLD's Technical Support Program (TSP) which is FREE, voluntary, and a non-enforcement service of Community CARE Licensing to assist childcare providers experiencing compliance challenges.

LPA also provided a copy of the CHILD CARE ADVOCATE PROGRAM flyer to the director.

NAME OF LICENSING PROGRAM MANAGER: Jason Jang
NAME OF LICENSING PROGRAM ANALYST: Manel Estoesta
LICENSING PROGRAM ANALYST SIGNATURE:

DATE: 09/18/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/18/2026
LIC809 (FAS) - (06/04)
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Document Has Been Signed on 09/18/2026 11:59 AM - It Cannot Be Edited


Created By: Manel Estoesta On 09/18/2026 at 10:57 AM
Link to Parent Document Below:
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: LEVEL UP MONTESSORI - MILPITAS
FACILITY NUMBER: 435700770

DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/18/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/21/2026
Section Cited
CCR
101216.3(a)

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Teacher-Child Ratio - section 101216.3 (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance…...
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Previous plan of correction (POC), received on 7/17/2026, was discussed with the licensee. One of the statements mentioned that - director verifies ratios at the start of each shift and at each transition and maintains a daily ratio log that is available to the licensing analyst upon request…..
When LPA asked for copies of the “daily ratio log,” the licensee was not able to provide.
LPA and the licensee / director agreed that the licensee will provide an updated POC on or before the POC due date. The POC includes staff schedules and training, maintaining qualified floaters, and updated daily ratio log.
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This requirement is not met as evidenced by,

On 8/24/2026, from 5 pm to 5:30pm, there were 2 staff members, 2 toddlers and 21 preschool children. On 8/26/2026, from 5 pm to 5:30pm, there were 2 staff members, 3 toddlers and 18 preschool children. On 8/27/2026, from 5 pm to 5:30pm, there were 2 toddlers and 19 preschool children.

On 7/1/2026, the licensee was cited for section 101216.3 (a) with a Type A deficiency.

This posed an immediate risk to health, safety or personal rights to children in care.
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LPA provided guidance on the following,

1. Best Practices for Scheduling Breaks and Floaters, because ratios must be maintained even when teachers take lunch breaks, your staffing plan should include a "floater" or relief staff member to cover short rests.

2. Best Practices - Mixed-Age Groups: If your facility combines age groups, your staffing ratio must be calculated based on the youngest child in that group.

3. Review the Teacher-to-Child Ratios in Child Care Centers video
https://ccld.childcarevideos.org/child-care-center-operators/teacher-child-ratios-in-child-care-centers/

4. What Is a Civil Penalty? https://ccld.childcarevideos.org/child-care-center-operators/what-is-a-civil-penalty/

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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
Jason Jang
NAME OF LICENSING PROGRAM MANAGER:
Manel Estoesta
NAME OF LICENSING PROGRAM ANALYST:
LICENSING PROGRAM ANALYST SIGNATURE:
DATE: 09/18/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE: 09/18/2026


LIC809 (FAS) - (06/04)
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