8VAC20-781-40 Required Policies and Procedures.  A. 4.  (ii) maintenance of equipment and protective surfacing.    Response:  I suggest removing this required written policy.  Chapter 781-260 includes over 3 pages of playground requirements.  This informs centers "what" to do.  We should not tell centers "how" to do it.

5. Supervision of children.  (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 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...   Response (i):  Chapter 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...  Chapter 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 quite activities; outdoor play; and individual and group games.  It seems redundant to also write a procedure describing your "method" of active supervision.   Response (ii):  I believe centers will always attempt to do this but with the ongoing staffing crisis, "ensuring" this may sometimes not be possible.  Response (iv)  Why is a written procedure needed?  Can the child just "join their group (class)" with assistance from their parent whenever they arrive?  I 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 child's assigned room.

8. Records.  Such policies and procedures shall describe how records shall be kept confidential and secure;  Response:  Chapter 781-50 A. requires staff and children's records shall be treated confidentially.  A written procedure describing "how" is not needed.

9. Confidentiality.  Such policies and procedures shall describe how staff will maintain the privacy of children in care...   Response:  Staff are required to sign a Confidentiality Statement at orientation.   Would the "policy" be this written statement and the "procedure" be that they have to sign it at orientation?  If yes, strike this and continue to mandate that all staff must sign the Confidentiality Statement at orientation.

15. Medication.  Such policies and procedures shall meet all the requirements of Part VIII of this chapter.  Response:  All of the policies and procedures are clearly outlined in chapters 781-520 to 781-580.  It is not necessary for centers to re-write these policies.

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 outlined in chapters 781-480 to 781-510.  It is not necessary for centers to re-write these policies.

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:  This is too frequent for 20 written procedures.  I would suggest a 3yr or possibly 5yr review.

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 if occurs.  Response:  Although centers may ask parents to do this, the responsibility ultimately falls on the teacher.  This adds one more "item to do" during every drop off and pick up of every child, every day.  I would prefer the teachers be more focused on positive interactions with the child (ie..CLASS model) as well as focused on the parent and building relationships with the family.  I know this seems trivial, but remember, every child, every day, every morning, every evening.

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:  This statement is too broad as currently written.  This would include notifying the superintendent if a child is taken to a medical facility to remove a splinter.  If this is a Federal Block Grant requirement, could their exact language be made available?

8VAC20-781-120 Lead Teacher Qualifications  2. b.  24 hours of training in the following topics;  Response:  I suggest 12 hours and specifically encompass the following:  4 hrs on child development (cognitive, social, emotional, physical) specific to the age group assigned, 2 hrs on behavior guidance, 2 hrs on health and safety, 2 hrs on the center's curriculum including CLASS orientation (if participating) and 2 hrs on parent communication and assessment reports.  Training on Playground Safety would not be included here since all employees receive this training at time of hire. 

8VAC20-781-140  Orientation Training A.  The licensee shall ensure that all staff who work with children complete the preservice training sponsored by the Department within 90 calendar days of their date of employment.  Response:  I suggest this 10 video be shortened and allow centers that do not participate is Subsidy the ability to opt out of the chapters on Subsidy.  Without excluding important subject matter, this video could be shortened.  There are some excellent colleges in Virginia.  I wonder if there is a college child development lab school that would consider creating a new video training for DOE?

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;  Response:  Many buildings will display visible hairline cracks as they settle.  Some building materials, including concrete and metal, will expand and contract due to change in temperature, without posing any threat to children or any occupants.   Older facilities will especially struggle with this standard.  Furthermore, "Bending" and "Warping" issues are better suited in reference to playground equipment.

8VAC20-280  Staff to Children Ratio  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:  I suggest adding, "or a written request by the child's parent or legal guardian."  Often in these circumstances, the parent and center director are in the best position to discuss and mutually agree what is best for the child.  It does not seem necessary to require a medical professional's assessment.  There is also a time factor to be considered depending on how long it takes the parent to secure an appointment as well as waiting for the written response from the professional.

8VAC20-781-330 Daily Care and Activities for Infants  E.  The licensee shall ensure...for more that 30 consecutive minutes.  Except when eating, the intervening time between confinements shall be at least one hour.   Response:  I suggest intervening time be 30 minutes instead of one hour.  I fully recognize the importance of infants having significant time unrestrained by any equipment.  Most infant rooms have mobile and not-mobile infants and there are often times that safety necessitates 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 regulation.  

8VAC20-781-410  Parent Communication and Notification   A.  The center shall inform parents in writing when a pattern of behavioral problems emerges or persists.  Response:  It can be difficult for staff to verbally discuss behavior issues with parents, but in the nature of the conversation, empathy can be expressed and delivery of the situation softened.  Having to write "negative" information to parents could lead to a break down in positive staff/parent relationships.

H.  The licensee shall ensure staff maintain daily records required by subsection G of this section for 60 calendar days from the date of the report.  Response:  These daily records are given to parents every day.  Centers should not be required to keep a copy once placed in the possession of the parent.  Centers may choose to keep a copy but doing so and length of time kept should not be mandated but rather left to the discretion of the center.

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

Response: (stated above)

2. Scheduled opportunities for parents to provide feedback on their children.

Response:  Unlike public schools, our parents enter our schools daily and experience face to face interactions with their child's teacher.  Opportunities to provide feedback occur naturally on a daily basis and does not require "scheduled" opportunities.  

8VAC20-781-490 Hand Washing D. The licensee shall ensure that staff wash their hands with liquid soap and running water: 1. Before and After:  a. Helping a child use the toilet

Response: This should be moved to section "2", the "After" category.

b. A diaper change

Response:  When gloves are used, this should be moved to section "2", the "After" category.

8VAC20-781-580 Topical Skin Products A. 4.  A record shall be kept that includes child's name, the name of the product date and time of use, any adverse reactions, and any application errors and action taken.  Response:  I think some type of exception should be made for over the counter skin products for school age children.  I foresee a class of school age children at a swimming pool and staff having to record each of these items every time sun block is applied.  Exception may be the ability to use a one page roll sheet which lists children's name and allow staff to record beside each child's name only "the time" sun block is applied.  I would support a separate document required if adverse reaction or any application error occurred.

8VAC20-781-620 Nutrition and food services J. Tables and high chairs shall be cleaned and sanitized before and after each use for feeding.  Response:  I suggest tables be cleaned and sanitized before use and cleaned after use.