1. (a) The Child Development Division shall grant a waiver of Education Code section 8208(z) upon a contractor's demonstration of the existence of compelling need. Factors the Child Development Division shall consider in determining compelling need are as follows:

   1. (1) Evidence that the contractor's recruitment efforts have not be successful in obtaining qualified applicants;
   2. (2) Evidence of the contractor's inability to offer competitive salaries;
   3. (3) Evidence of potential or current staffs lack of reasonable access to training resources which offer required course work.
2. (b) A waiver may be granted if the contractor can provide evidence of either (a)(1), (2) or (3) of this section.
3. (c) Waivers granted shall remain in effect for the period of time specified by the Child Development Division.
4. (d) The site supervisor shall, at a minimum, meet the qualifications specified in title 22 California Code of Regulations, Community Care Licensing Standards for “program director.”

Note: Authority cited: Section 8261, Education Code. Reference: Sections 8208(z) and 8287, Education Code.

History

1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).

2. Editorial correction of printing error restoring subchapter 14 heading (Register 91, No. 29).