Protecting Tinytown
Preschool Politics Threaten to Shut Down a Top School
RACE AND INJUSTICE IN THE BAY AREA
By Chaitanya

The Department of Community Care License granted a license to operate Tinytown Preschool from 1982-2006 to Gayle Davis, a Caucasian American who opened the Preschool in 1982. The Preschool is well established and has generated a tremendous amount of respect in the Bay Area during the 2 1⁄2 decades it has operated. The Preschool also has an after school program for school age children and works closely with Elementary Schools in the Berryessa Union School District. Charu Vaidya, an Immigrant woman from India, started working for Gayle Davis in 1984. Because of her dedication to serving children and parents, Gayle Davis made her Partner in 1992.

Both Gayle and Charu worked hard together to built a great reputation with the parents and children at the Preschool. By 1998, the name of Tinytown Preschool was listed among the top 25 Preschools in the Bay Area. Charu received recognition as an outstanding member of the Community by County and State officials. The Bay Area Indo-American Community asked her to become a member of the Association of Bay Area Indian American women in Business.

In 2006, Gayle Davis decided to sell her share of the business. Gayle sold the remaining share of the business to her best friend and longtime Tinytown business partner, Charu Vaidya. The parents whose children where enrolled at Tinytown and the Tinytown Staff expressed their heartfelt congratulations to Charu who then became the sole Owner of Tinytown.

In November 2006, Charu attended an orientation class to apply for a license to operate Tinytown under her name at the offices of the Department of Community Care Licensing. Charu had worked with many Representatives from the Department of Community Care Licensing in the past 23 years during annual and other site inspections. The DSS had recognized Charu as “Co-Owner” on Licensing reports in the past years dating back to 1992. Since both Gayle and Charu had been Partners for so many years they thought the process for Charu to obtain her license to operate Tinytown under her name would be simple and straightforward. No one would have guessed Charu's race and nationality would prove to be a detriment and deterrent in acquiring a license to operate a Preschool in a State as racially diverse as California.

To Charu's utmost shock, the Department of Community Care Licensing criticized Charu repeatedly and accused her of not understanding the rules and regulations set forth by the Department. A DSS Representative who had never worked with Charu before, criticized her english language skills and asked Charu to have extensive facility repairs made (which they had never required of the previous Licensee Gayle Davis). Charu had all the requested repairs made asap, submitted receipts and photographs of all the repairs. In the end, the DSS denied the license to operate Tinytown.

The DSS conducted their first pre-licensing inspection on 2/15/2007, and denied the license on 2/16/2007. It was clear they had decided to deny the license even prior to conducting the pre-licensing visit. Charu decided to appeal the denial. The Senate and State Assembly pass laws under which the DSS operates. Charu contacted Senator Ellen Corbett's office for assistance. The Field Representative at Senator Corbett's office   contacted the DSS and urged them to conduct another pre-licensing visit. Charu also contacted County Supervisor Pete McHugh. His Chief of Staff contacted the Assistant Program Manager for the DSS.

The DSS realized that they had no sufficient grounds to deny Charu a license, so conducted another pre-licensing visit in March 2007. They started digging in the old paperwork for Tinytown. In March 2007, the DSS found a completely uncollaborated allegation from April 2006 when Gayle Davis was the Licensee. The DSS redacted the paperwork and issued a false statement of allegations which they used to deny the license. Charu contacted Senator Ellen Corbett's office again but was informed Senator Corbett was not available.  

Charu has received over 40 letters of recommendations and support from parents whose children attended the Preschool, former and current Tinytown Teachers. Elementary School Teachers in the Berryessa Union School District who had worked with Charu for Tinytown's after school program/school age children wrote letters on Charu's behalf. Members of the outraged Indian community wrote letters of support for Charu. Santa Clara County Supervisor Pete McHugh's office visited Tinytown and wrote 2 separate letters of recommendation, one on behalf of Charu and one on behalf of Tinytown. The Director to the State Assembly Representative Joe Coto in the San Jose District visited Tinytown and wrote a letter on behalf of Tinytown and Charu.

The nightmare continued for Charu. A series of Administrative Hearings where held and concluded on November 29, 2007. Over 15 parents came to testify on Charu's and Tinytown's behalf; four parents where allowed to testify. One parent was so outraged that he said in front of the Judge that Charu has been at Tinytown for a long time and is “getting a raw deal.” Another parent testified that their first child had attended Tinytown for many years, their second child had attended Tinytown for many years and he would absolutely enroll his third child at Tinytown once he turns Preschool age. The parent also testified Charu has always been like a “Mom” to their children. Parents who where not allowed to testify (due to time constraints during the Hearings) wrote additional letters of support for Charu and Tinytown. Teachers from the Elementary Schools Tinytown worked with wrote letters of recommendations and support. The State Attorney who represents the DSS objected to some of the letters and they where not submitted as evidence to the Judge. Charu has incurred over $60,000 in legal expenses, spent over $7000 on facility repairs, and lost over $120,000 of tuition payments so far. Although the DSS has allowed Tinytown to remain open, Charu is not permitted to enroll any new children since April 2007. The question remains, how can a Government Agency uphold a double standard?

One set of standards for the DSS to license Gayle Davis, an entirely different set of standard for Immigrant Charu Vaidya whose license they denied very early on. How is it that an excellent Preschool can be accused of false allegations with redacted paperwork by a State government agency? What has happened to justice, liberty and fairness for all Americans and all who reside in this great nation?