DSS

Petitioners-appellants, Montessori Schoolhouse of Orange County, Montessori Schoolhouse of Fountain Valley and Roston Montessori Schoolhouse of Mission Viejo (hereafter Montessori Schools), appeal from an order of the superior court denying their petition for a writ of mandate wherein they sought a determination that respondent, California Department of Social Services (hereafter the Department) and its predecessor, the State Department of Health, were without authority to license appellants’ facilities as community care facilities.

The administrative proceedings underlying this appeal were commenced by service of accusations to revoke the licenses of the Montessori Schools. The matters were consolidated for hearing by the administrative agency hearing officer. Decisions on each of the matters became effective upon order of the Department of Social Services on November 6, 1978. Appellants filed a petition in the superior court for administrative mandamus pursuant to Code of Civil Procedure section 1094.5. Following its review of the administrative record, the court denied the writ. This appeal followed.

Appellants, Montessori Schools do not challenge the discipline…