The city of Tucson and the state of Arizona have resolved a dispute over a city-run after-school program in Vail, but it isn't likely to trigger any large-scale differences in how the city operates its KIDCO program.
Under the consent agreement between the two parties, the city will pay $1,650 in penalties after it was cited in December for operating a child-care facility without a license for running an after-school program at Cottonwood Elementary School.
The recent agreement isn't necessarily a victory for the state, which received a complaint nearly a year ago about the city's program and sent word to the city back in August that it needed to comply with licensing requirements. The city was ultimately cited in December for its Vail program, when a surveyor counted 37 children in the program.
The city also runs 47 other KIDCO sites under a program that has offered after-school and summer recreation since 1989. About 2,700 children, ages 5-12, take part in the after-school program, with about 4,400 in the summer activities. Those are continuing to operate without any changes.
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And while the state told the city in March to shut down its Vail program, the city continued operating the program until the end of the school year. The issue went away, and the state pulled its cease-and-desist order because Vail did not renew its contract with the city.
State law requires a license for any provider offering child care for compensation for more than four children. Part of the dispute hinges on "compensation." The city charges a $50 registration fee during the school year and $75 over the 10-week summer program to help offset the cost of equipment and materials but does not charge for the program itself. The city has maintained that the fee doesn't even begin to cover the cost of the program and shouldn't count as compensation.
The city could get around the licensing requirements by making some changes, including halting any fees or by having children sign themselves in and out, said Alan Oppenheim, deputy assistant director for state licensing.
Not charging a fee would mean the city would lose an annual revenue stream of $375,000, said John Sefton, deputy parks director.
The city already had a task force working on making recommendations to change the KIDCO program, but that group is not addressing the state concerns. Sefton said the task force, which is expected to present its suggestions in January, is evaluating the current program and discussing how to better align the program with school curriculum.
There is no set timeline to address the state's concerns, Sefton and City Attorney Mike Rankin said, but both said they plan to resolve the issue.
"The bottom line is that we have no expectation of stopping or ending the KIDCO program, but we've agreed to cooperate with the state," said Rankin. "We both have the same goal, and we want to be in compliance."
The two sides also agreed that if the state receives a complaint about another KIDCO site, the state will conduct an investigation and if necessary, request another settlement conference instead of automatically issuing an order to stop the program.
