Level Up Montessori - Milpitas

CCR 101216.3(a) · Type A

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…... 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.

ALLEGATION(S): Child found outside the facility unsupervised. INVESTIGATION FINDINGS: On 9/18/2026 at 8:30 am, Licensing Program Analyst (LPA) M.E. conducted a complaint investigation. LPA met with the director, M.D., 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. The Reporting Party (RP) alleges the above allegation. During the investigation visits, LPA conducted room observations, interviews and reviewed facility records. LPA also obtained copies of relevant facility records. In conclusion to the Departments investigation, the allegation is unsubstantiated. 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, therefore the allegation is deemed UNSUBSTANTIATED. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted with the Director M.D. Unsubstantiated Estimated Days of Completion: 90

ALLEGATION(S): Staff are not providing adequate supervision to the children in care. INVESTIGATION FINDINGS: On 9/18/2026 at 8:30 am, Licensing Program Analyst (LPA) M.E. conducted a subsequent complaint investigation. LPA met with the director, M.D., 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. The Reporting Party (RP) alleges the above allegation. During the investigation visits, LPA conducted room observations, interviews and reviewed facility records. LPA also obtained copies of relevant facility records. In conclusion to the Departments investigation, the allegation is unsubstantiated. 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, therefore the allegation is deemed UNSUBSTANTIATED. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted with the Director M.D. Unsubstantiated Estimated Days of Completion: 90

CCR 101161(a) · Type B

Limitations on Capacity 101161(a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation. This requirement is not met as evidenced by, Based on the reviewed records that Child 1, 2 and 3 (C1, C2 and C3) were admitted and enrolled before C1, C2 and C3 turned 18 months old. The facility is licensed to serve preschool children (ages 2 years to 6 years old), and 18 months and 36 months of age in the toddler program. This poses a potential risk to health, safety or personal rights to children in care.

CCR 101216.3(a) · Type A

Teacher-Child Ratio 101216.3 (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance…... This requirement is not met as evidenced by, On 4/7/2026 at 11:44 am, during an indoor activity at one of the preschool classroom areas, Staff 5 (S5) was supervising 22 preschool children. This poses an immediate risk to health, safety or personal rights to children in care.