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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434417233
Report Date: 02/04/2026
Date Signed: 02/04/2026 10:51:04 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/03/2025 and conducted by Evaluator Farida Raja
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20251203104126
FACILITY NAME:ACTION DAY SCHOOLSFACILITY NUMBER:
434417233
ADMINISTRATOR:SHUREE GUZMANFACILITY TYPE:
860
ADDRESS:18720 BUCKNALL ROADTELEPHONE:
(408) 244-1968
CITY:SARATOGASTATE: CAZIP CODE:
95070
CAPACITY:434CENSUS: 148DATE:
02/04/2026
UNANNOUNCEDTIME BEGAN:
08:50 AM
MET WITH:Shuree Guzman and Lorena LopezTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Staff are operating out of ratio
INVESTIGATION FINDINGS:
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On 02/04/2026, Licensing Program Analyst (LPA), Farida Raja conducted an unannounced complaint visit to deliver investigation findings for the above allegations. LPA met with Preschool Director, Shuree Guzman and explained the purpose of today's visit.

During today's inspection, LPA toured the facility and observed staff to children ratios in each classroom.
During the course of this investigation, LPA conducted unannounced visits to observe ratios and supervision of children and reviewed records including staff qualifications and experiences, attendance logs and other pertinent records. LPA interviewed infant and preschool director, staff and parents.

The complaint alleges high student to teacher ratio. Based on LPA observations, children were observed to be combined to maintain ratios but children from different components (infant, preschool and school age program) were not observed to be commingled with one another.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 02/04/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/04/2026
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 5
Control Number 07-CC-20251203104126
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: ACTION DAY SCHOOLS
FACILITY NUMBER: 434417233
VISIT DATE: 02/04/2026
NARRATIVE
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 Staff to children ratios required by regulations, were observed to be maintained for each age group during the inspections. Based on staff interviews, staff stated that office and team support staff go into classrooms if they are going to be over ratio or if staff call out sick. The administrative staff take numbers every 30 minutes to ensure ratios are maintained. They stated that the number of staff present is based on the projected number of students, so even if student numbers were to vary, they would have sufficient staff available. Staff stated that they reach out using the phones in the classroom or cell phones when outdoors to request support if they are going to be over ratio or have reached the maximum number of children. During interviews, some staff stated that while they wait for support staff to arrive, they are out of ratio for some time.
Based on evidence gathered during the investigation, even though procedures were observed to be in place to maintain the required ratios there have been instances when the infant and preschool classrooms are out of ratio while waiting for additional staff to arrive. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED.

One Type B deficiency is cited on the attached LIC 9099D.

Exit interview conducted and report was reviewed with Infant Director, Lorena Lopez and Preschool Director, Shuree Guzman. Appeal rights provided.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 02/04/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/04/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20251203104126
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: ACTION DAY SCHOOLS
FACILITY NUMBER: 434417233
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/04/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/13/2026
Section Cited
CCR
101416.5(b)
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(b) There shall be a ratio of one teacher for every four infants in attendance. This requirement is not met as evidenced by:
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Director to submit a written plan of correction to LPA by 02/13/2026.
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Based on staff interviews, some staff stated that while they wait for support staff to arrive, they are out of ratio for some time. This poses a potential health, safety and personal rights risk to children in care.
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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.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 02/04/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/04/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/03/2025 and conducted by Evaluator Farida Raja
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20251203104126

FACILITY NAME:ACTION DAY SCHOOLSFACILITY NUMBER:
434417233
ADMINISTRATOR:SHUREE GUZMANFACILITY TYPE:
860
ADDRESS:18720 BUCKNALL ROADTELEPHONE:
(408) 244-1968
CITY:SARATOGASTATE: CAZIP CODE:
95070
CAPACITY:220CENSUS: 148DATE:
02/04/2026
UNANNOUNCEDTIME BEGAN:
08:50 AM
MET WITH:Shuree Guzman and Lorena LopezTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Staff do not provide adequate care and supervision
Staff do not follow proper reporting requirements
INVESTIGATION FINDINGS:
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On 02/04/2026, Licensing Program Analyst (LPA), Farida Raja conducted an unannounced complaint visit to deliver investigation findings for the above allegations. LPA met with Preschool Director, Shuree Guzman and explained the purpose of today's visit.

During today's inspection, LPA toured the facility and observed staff to children ratios in each classroom.
During the course of this investigation, LPA conducted unannounced visits to observe ratios and supervision of children and reviewed records including staff qualifications and experiences, incident reports, attendance logs and other pertinent records. LPA interviewed infant and preschool director, staff and parents.

The complaint alleges that younger children are placed with older ones and are not adequately supervised. Complaint also alleges instances when children’s injuries at the facility are not communicated with parents. Based on LPA observations, children were observed to be combined to maintain ratios but children from different components (infant, preschool and school age program) were not observed to be commingled with
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 02/04/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/04/2026
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20251203104126
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: ACTION DAY SCHOOLS
FACILITY NUMBER: 434417233
VISIT DATE: 02/04/2026
NARRATIVE
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one another. Required staff to children ratios were observed to be maintained for each age group and children were observed to be supervised by staff when in classrooms and in the outdoor areas during the inspections.

Based on record reviews, incident reports were observed to be provided to parents for injuries including bumps, cuts, scratches, falls and bites sustained at the facility.

Based on staff interviews, director stated that they go over supervision during staff meetings, send memos and prioritize this. Staff stated that inside the classrooms, if multiple staff are present, they have one teacher in each zone and they follow children around. While one staff is engaged in circle time/ activities/ food preparation another will supervise the remaining children. They don't open up the whole classroom and maintain supervision by having only one area open and move as a group to switch activities. Staff stated that since children have access to everything outdoors staff stand in different areas and walk around to monitor them. They designate staff to shadow children with challenging behaviors. Staff from different components alert staff closer to children if children are hurt or fighting and staff are busy with other children.

For incidents, staff stated that they write an ouch report. For anything above the shoulders, they call parents and monitor child (ren). They sign the report and give one to parents and retain one for their records.

Based on parent interviews, parents stated that they have observed staff supervise the children in care. Parents stated that they are informed of their child’s day verbally or through the facility app and are informed of incidents/injuries through the ouch report or through a phone call. Parents stated that they have not observed injuries on their child (ren) that they were not informed about by the facility.

Based on interviews conducted, records reviewed and evidence gathered at this time, it is concluded that although the allegations listed above may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. The allegations are thus UNSUBSTANTIATED.
No deficiencies were cited. Exit interview conducted and report was reviewed with Infant Director, Lorena Lopez and Preschool Director, Shuree Guzman. Appeal rights provided.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 02/04/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/04/2026
LIC9099 (FAS) - (06/04)
Page: 5 of 5