(a) An entity operating preschool programs providing 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 who possesses one of the following:

(1) A permit issued by the Commission on Teacher Credentialing authorizing supervision of a childcare and development program operating in multiple sites.

(2) Any person who meets the following criteria is eligible to supervise a preschool program operating in multiple sites and serve in an instructional capacity in a preschool program:

(A) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.

(B) Six units in administration and supervision of early childhood education or child development, or both. The requirement set forth in this paragraph does not apply to any person who was employed as a program director prior to January 1, 1993, in a preschool program receiving funding under this chapter.

(C) Twelve units in early childhood education or child development, or both, or at least two years’ experience in early childhood education or a preschool program.

(3) A waiver issued by the Superintendent of Public Instruction pursuant to this section.

(b) (1) For purposes of this section, the following definitions 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 their title, has programmatic and administrative responsibility for an early childhood program that provides 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 responsibility” and “programmatic responsibility” also include the responsibility to act as the representative for the preschool program to the department. With respect to preschool programs operated through family childcare homes, “administrative responsibility” and “programmatic responsibility” include ensuring that quality services are provided in the family childcare homes.

(c) The program director may also serve as the site supervisor at one of the sites, provided that the program director fulfills both the duties of a “childcare center director,” as set forth in Section 101215.1 of Title 22 of the California Code of Regulations, and meets the qualifications for a site supervisor, as set forth in Section 8205.

(d) The Superintendent of Public Instruction may waive the qualifications for a program director upon a finding of either 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 childcare and development program operating in two or more sites or fulfilling the qualifications for program directors of childcare and development programs that provide service to severely disabled children, as specified in § 10381.5 of the Welfare and Institutions Code.

(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.

(Added by Stats. 2021, Ch. 116, Sec. 142. (AB 131) Effective July 23, 2021.)