8VAC20-781-40 Required Policies and Procedures  

A. The licensee shall develop and implement the following written policies and procedures: 

Response:  

While the intent is to ensure clarity and cover all bases, there's a fine line between comprehensive documentation and drowning in repetitive details. 

If a particular requirement has already been addressed elsewhere in the standards, it seems redundant to have to write 21 policies for how we plan to meet those requirements. This process will be labor intensive for centers that are already strained from being understaffed.  

4. Playground safety.  Such policies and procedures shall include (i) how staff will engage in the active supervision of children and (ii) maintenance of equipment and protective surfacing. 

Response:  

8VAC20-781-260: Includes three pages of playground equipment requirements and protective servicing requirements which must be followed by all State Licensed centers.  It seems redundant to also write a procedure as to how this is to be followed. 

5. Supervision of children.  Such policies shall be consistent with all the requirements of Part V of the chapter and include (i) methods of active supervision of children; (ii) how the center will ensure that each group of children receives care by consistent staff or team of staff members; (iii) how the center will identify where children are at all times, including during group transitions and field trips; (iv) actions to take when a child arrives after scheduled activities have begun, including field trips or when the group is offsite or not in the assigned room when the child arrives; and (v) maintaining staff-to-child ratios. 

Response:  

 (i) 8VAC20-781-270 Requires that staff provide for the safety of children and that staff remain alert to the needs of the children.  It also requires the licensee shall ensure sight and sound supervision by staff who are always physically present. 8VAC20-781-320 states the center shall provide a variety of daily activities for all age groups that are age and stage appropriate and based on the physical, social, emotional, and intellectual needs of the children.  It also states the center shall provide opportunities for staff-directed and self-directed activities; a balance of active and quiet activities; active outdoor play; and individual and group games.  This seems redundant to also write a procedure for active supervision. 

(ii) Centers will certainly attempt to do this but with the ongoing staffing crisis, “ensuring” this is not a reasonable request. 

(iv) Why is a written procedure needed for this?  Can the child just “join their group” whenever they arrive?  We do not object to a written procedure for when a child misses a field trip or when the group is offsite and not in the assigned room when the child arrives. 

It is again redundant to make Centers write a policy to explain HOW we will comply with the requirements already outlined elsewhere in the Standards. 

 8. Records.  Such policies and procedures shall describe how records shall be kept confidential and secure; remain accessible, including during power outages or emergencies, and shall meet the requirements of 8VAC20-781-50 through 8VAC20-781-90. 

RESPONSE: 

8VAC20-781-50 A. Requires Staff and children’s records shall be treated confidentially. A written procedure describing how records are kept confidential is not needed when it is already addressed elsewhere in the standards.  

9. Confidentiality.  Such policies and procedures shall describe how staff will maintain the privacy of children in care, including expectations for communications, use of technology, and social media. 

RESPONSE: 

Staff are required to sign a Confidentiality Statement at orientation per licensing regulations. A “procedure” is already in place as outlined in the standards 

15. Medication.  Such policies and procedures shall meet all the requirements of Part VIII of this chapter. 

RESPONSE: 

Medication policies and procedures are outlined in 8VAC20-781-520 through 8VAC20-781-570; this is another redundancy and time consuming. 

 16. Stock epinephrine.  Such policies and procedures shall meet the requirements of 22.1-289.059 of the Code of Virginia".   

Response: 

Being prepared for allergic reactions is of utmost importance, as it can be a matter of life and death. While the significance of readiness is widely acknowledged, the absence of clear guidance can create uncertainty and potential risks. Clarity in guidelines is crucial to ensure that individuals, caregivers, and relevant personnel understand the necessary steps to take in case of an allergic reaction. 

19. Preventing the spread of disease and infection control.  Such policies and procedures shall meet all the requirements of part VII of this chapter 

RESPONSE: 

All of the policies and procedures are clearly outlined in 8VAC20-781-480 through 8VAC20-781-510.  Another redundancy.  

8VAC20-781-40 B. “The center shall annually review all policies and procedures required by this section and shall document on the policy and procedure the date of such review.” 

RESPONSE 

Currently only injury prevention and the emergency preparedness plan must be reviewed. The list has gone from 2 to 21 policies, including policies that are highly unlikely to change such as confidentiality, swimming, drinking water, transportation, records, and behavior guidance. Those kinds of policies are pretty much set and there is no need for review or document review. It's a regulatory burden to add to the already difficult to maintain intensive paperwork requirements when we could otherwise be focused on working with children, teachers, and families.  

8VAC20-781-50   General Recordkeeping 

C. The licensee shall keep all records required by 8VAC20-781-60 and 8VAC20-781-70 in locked files or a secure electronic file, except for those required to be accessible pursuant to 8VAC20-781-600; and access to such files should be restricted according to a principle of least privilege. 

RESPONSE: 

This standard is already covered in section A, …Staff and children’s records shall be treated confidentially 

8VAC20-781-80. Attendance Records; reporting 

A. The center shall maintain a record of daily attendance that documents the arrival and departure times of each child as it occurs. 

RESPONSE: 

We do not support requiring staff (or asking parents) to record daily arrival/departure times.  If parents are asked to do it, teachers will still have to closely monitor the process.  Teachers track attendance of each child daily and are aware of each child via sight and sound supervision requirements. The priority must be child interactions during these transitions. We do not support unnecessary paperwork which takes the teachers' attention away from children, perhaps only for a few seconds, but multiple times every morning and every afternoon.  

D. The center shall inform the superintendent as soon as practicable but not to exceed two business days after learning about any incident while a child is under the supervision of the center that required medical attention. 

RESPONSE: 

As currently written, we do not support this standard.  This statement is much too broad.  If a child is taken to a doctor’s office to have a splinter removed which occurred on a field trip to a public park, centers should not have to notify the superintendent.  Often, parents do not notify us that their child received medical attention.  Parents have D.O.E. contact information where they can report incidents or injuries which occurred while their child was in the care of a center if they believe the center’s staff, physical plant, or combination thereof resulted in their child being injured.  Are public schools mandated to report such injuries to DOE or their local school boards?   

8VAC20-781-120. Lead Teacher Qualifications 

8VAC20-781-140. Orientation Training 

A. The licensee shall ensure that all staff who will work with children complete the preservice training sponsored by the Department within 90 calendar days of their date of employment. 

RESPONSE: 

Hiring, training and retaining staff in our industry is exceptionally challenging.  We all recognize that turnover is high.  Easing the burden while also maintaining rigorous standards for child health and safety is important for childcare. We suggest the 10-hour video training course be shortened to 5 or 6 hours and give staff who work at non-subsidy schools the ability to “opt out” of the chapters on subsidy training.  

B. The center shall provide orientation training to all staff who work with children.  The orientation training must be completed after receiving the fingerprint background results and by such staff prior to staff working alone with a child and within seven days of the staff member’s date of employment.  The orientation training shall include all the following facility specific topics: 

RESPONSE: 

We suggest giving centers the ability to immediately begin this training after receiving the fingerprint background check clearance. 

8VAC20-781-220. Building Maintenance 

A. The center shall maintain the areas and equipment of the center, inside and outside in a clean, safe and operable condition.  Unsafe conditions include splintered, cracked, or otherwise deterioration wood, peeling paint, visible cracks, bending, warping, rusting, breakage of any equipment; loose or unsecured cords within reach of children; unstable heavy equipment, furniture, or other items that a child could pull down. 

RESPONSE: 

“Visible cracks” should be removed from this list.  Many buildings will display visible “hairline” cracks as they settle.  Many building materials, including concrete and metal, will expand and contract due to change in temperature.  Older facilities will especially struggle with this standard.  Bending and warping should be removed unless visible specifically on playground equipment to the extent that structural failure is possible.  Perhaps add to 8VAC20-781-260. Play areas and equipment.   

8VAC20-781-240 Areas  

G. Infants, toddlers, and twos shall have a separate outdoor play area or shall not occupy the outdoor play area at the same time as preschool and school-age children. 

RESPONSE: 

While we understand that children of multiple ages being outside together can create a safety concern, it also can be done in a way that is not a safety concern and supports children's relationships throughout the school. We regularly have time where siblings can be outside together, which is cherished by children and families who are saddened that their children are separated from siblings all day at school.  This could alos have a significant financial impact on centers if they have to restructure their playgrounds.  

8VAC20-781-260. Indoor and Outdoor Play Areas and Equipment 

J. Sandboxes shall be covered when not in use 

RESPONSE 

Playing in the sand is an incredible way to develop fine and gross motor skills. Our schools have very large sandboxes with proper drainage and canopies over each making it very hard to cover them each evening. There will also be a large financial impact with purchasing equipment to cover the sand boxes. This could result in having to permanently close the sand boxes.  Please consider keeping the current language the same to protect our use of large sandboxes! 

V. The requirements of this section shall not prohibit child day programs providing care for school-age children at a location that is currently approved by the Department of Education or recognized as a private school by the State Board of Education for school occupancy and that houses a public school curing the school year from permitting preschool or school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours. 

RESPONSE: 

The “requirements of this section” refer to three pages of standards for play areas and equipment standards.   Strictly following these standards is one of the most expensive budget items of a center’s physical plant.  We request this exemption list specifically which requirements in this section “shall not prohibit” and give licensed centers the same options for exemption.  

8VAC20-781-280 Staff-to-Children Ratio and Group Size Requirements 

I. If a child with a special need is assigned to a more appropriate age group for the child’s developmental level, a written assessment by a recognized agency or professional shall be required at least annually.   

RESPONSE: 

We suggest adding: “…or a written request by the child’s parents.”   Often in these circumstances, the parents prefer a younger group placement for their child and if the center agrees it seems unnecessary and burdensome to require a medical professional’s assessment. 

8VAC20-781-330. Daily Care and Activities for Infants 

E. The licensee shall ensure that staff shall not confine infants who are awake and not actively eating in one piece of equipment including: swings, highchairs, cribs, play pens, or other similar pieces of equipment for more than 30 consecutive minutes.  Except when eating, the intervening time between confinements shall be at least one hour. 

 RESPONSE: 

We suggest “intervening time” be 30 minutes, not one hour.  We fully recognize the importance of babies having significant time unrestrained by any equipment.  Most infant classrooms have mobile and non-mobile infants and there are often times that safety mandates a non-mobile infant be placed in an age appropriate piece of equipment while mobile infants are crawling and walking.  There will most likely be times throughout the day that are not conducive to this new regulation. 

F. The licensee shall ensure that for infants who are awake and unable to turn over alone, staff shall make three attempts at supervised tummy time for approximately three to four minutes at a time. 

RESPONSE:  

Asking staff to time three tummy times for each of four infants in their care means additional time spent not caring for children but writing down 12 different records each day. Often, the chart may not be with them on the floor, meaning remembering the minutes for each child. This can lead to errors in record keeping, especially if the staff has to attend to another child before they are able to document 

8VAC20-781-410. Parent Communication and Notification 

A. The center shall inform parents in writing when a pattern of behavioral problems emerges or persists. Such notification shall include any actions taken in response. 

RESPONSE: 

We object to informing parents “in writing” when a pattern of behavioral problems emerges or persists, including actions taken in response. Discussions about behavioral issues are very sensitive and challenging for all involved. Conversations allow the message to be delivered with empathy, which promotes the relationship and partnership needed to help the child be successful. The school should decide when written documentation is necessary about the behavior and actions taken in response. 

This is unwarranted overreaching by the Commonwealth into the relationships between Centers and their families.  Relationships with our families are the lifeblood of our businesses.  When problems arise, we have conversations, meetings, conferences and try various strategies.  Our relationships are also contractual in nature.  Our contracts govern when and how a child that is not adjusting well or is having behavioral issues can be unenrolled.  These relationships should not be unreasonably interfered with by the State requiring documentation of behavioral issues and a course of action in writing. 

H. The licensee shall ensure staff maintain daily records required by subsection G of this section for 60 calendar days from the date of report. 

RESPONSE: 

These daily records are given to parents every day.  Centers should not have to keep a copy once placed in the possession of a parent.  Center may choose to keep copies but doing this and length of time kept should not be mandated but left to the discretion of the center. 

J. The center shall provide to parents of children, at least semiannually or more frequently if needed: 

1.Written information about their child’s development, behavior, adjustment, and needs, and 

2.Scheduled opportunities for parents to provide feedback on their children. This opportunity to provide feedback shall be documented. 

RESPONSE: 

1. We suggest removing “behavior” as a written requirement.   

2. We conduct parent-teacher conferences formally twice a year, more if needed or requested by the parent, but we also speak to our parents twice per day.  Please remove the word "scheduled" from this policy and simply make sure that Parents/Guardians are provided opportunities to provide feedback.  

8VAC20-781-430 Equipment and materials  

D. The following cloth items shall be washable: stuffed animals, cloth dolls, and dress-up clothes; floor pillows shall be washable or have removable covers that are machine washable. The center shall wash stuffed animals, cloth dolls, dress-up clothes, and pillows or removable covers at least once a week or when soiled. 

RESPONSE:  

In our program, we wash things like these items monthly or as needed if they become soiled, which seems a lot more practical and much less likely to have unintended consequences. Having to wash everything each week will create a huge burden and ultimately decrease young children’s access to soft items in their environment. Already tired teachers will reduce the stuffed animals, dress up clothes, and floor pillows that make classrooms cozy because weekly washing is not sustainable.