Thank you for your careful and thoughtful review of the comments submitted during this public comment period, which will help to inform the next iteration of the Proposed Standards for Licensed Child Day Centers in Virginia.  Serious evaluation of public comments from many, varied voices will help ensure the availability of high-quality early childhood education and child care for families in Virginia.  To this end, I submit comments based on my many years of experience as a preschool director and educator for your consideration.

8VAC20-781-40(A) Required written policies and procedures:

(40)(A) enumerates 21 categories for which written policies and procedures must be developed and implemented.  Not all the enumerated required written policies are relevant to every CDC (e.g., sleeping practices are irrelevant to half-day programs for 2s and preschool age children; swimming policies are irrelevant to programs without such facilities), but no language limiting required written policies and procedures to those relevant to the individual CDC is included.  Other comments also have noted redundancies in the enumerated categories with specific requirements elsewhere in the proposed regulations.

RECOMMENDATION:  Revise language to limit the requirement for written policies and procedures to those relevant to the facility/program.  Review the enumerated 21 categories for redundancy with other regulations.

8VAC20-781-40(A)(16) Stock epinephrine:  

While § 22.1-289.059 of the Code of Virginia requires stock epinephrine, regulatory guidance is essential before Centers are able to comport with the requirements of (40)(A)(16).  How is stock epinephrine obtained without a prescription?  How many doses of stock epinephrine are required at a Center?  Is there a required ratio of stock epi-pens to the number of children enrolled?  Are stock epi-pens required in each classroom area?  Outside?  What authorization is required from parents/guardians?  Are parents/guardians able to opt out of the administering of a stock epi-pen in an emergency?  Will funding be available to assist Centers with the cost of stock epinephrine?

RECOMMENDATION:  Revise language to reflect that regulatory guidance is required for the implementation of (40)(A)(16) and that implementation is stayed pending the necessary guidance.  Specifically note that the regulation is not effective until regulatory guidance has been promulgated.

8VAC20-781-40 (A)(20) Drinking Water: 

§ 22.1-289.057 of the Code of Virginia requires a written policy relating to lead testing of potable water, and submission of the plan and each test conducted pursuant to the plan to the Commissioner and the Department of Health's Office of Drinking Water.  Regulatory guidance is essential before Centers are able to comport with the requirements of (40)(A)(20).   What type(s) of testing are acceptable (for example, does the test have to be performed by an authorized tester or is a readily available self-administered test acceptable?  Are there any limitations to the testing required relating to the use of public water?  Is there an ongoing obligation to repeat the testing and, if so, at what interval?

RECOMMENDATION:  Revise language to reflect that regulatory guidance is required for the implementation of (40)(A)(20) and that implementation is stayed pending the necessary guidance.  Specifically note that the regulation is not effective until regulatory guidance has been promulgated.

8VAC20-781-40(D) The center shall provide all policies required under this section to staff and shall make policies and procedures required by this section available to parents and volunteers, except that the center shall only be required to share information pertaining to the center’s relocation site, communications plan, and reunification plan:

The wording of this provision is unclear with respect to the requirements relating to parents and volunteers.  While the Center must “provide” staff with the policies and procedures, the same policies and procedures must only be made “available” to parents and volunteers, but the Center is “required to share” information with parents and volunteers about aspects of the Emergency Plan.

RECOMMENDATION:  Revise language to clarify the Center’s obligations with respect to parents and volunteers.

8VAC20-781-60(B) Children's records, Information Required Upon Enrollment:

“Enrolled” as defined in the Proposed Standards “means that a regular service arrangement has been entered into between a parent and center,” i.e, a contract.  Subsection (60)(B) enumerates 11 categories of information that are required to be in the child’s record  [note: 12 categories are enumerated but one of the 12, subsection (B)(10), states otherwise for health information] “upon enrollment”, so at the time the parents and Center enter into a contract.  This timeline is not feasible as a practical matter.  Both parents and Center need the surety of an executed contract before the parents provide the enumerated categories of information and the Center processes it.  Moreover, 8VAC20-781-420 Parental agreements, which is included as a category of information required upon enrollment at (60)(B)(7), requires a written agreement between the parent and the center in each child's record “by the first day of the child's attendance,” thus the requirements of the two sections are at odds.

RECOMMENDATION:  Revise the language of (60)(B) so that the timeline for the required documentation is not linked to the date of enrollment/contract.  Revise the language of (60)(B)(7) to note the distinct timeline set forth in section (420).

8VAC20-781-60(B)(5): A list of health issues, including allergies; intolerances to medication, food, or other substances; chronic physical or medical conditions; special needs; dietary preferences; and pertinent behavioral or developmental information;

Section (60)(B)(5) requires that the child’s record include “ a list of health issues,” including “dietary preferences.”   The requirement for dietary preferences in a child’s record is overbroad and unnecessary absent a relation to a specific health issue.  How is the Center to use this information?  Moreover, a child;s dietary preference may not comport with sound nutrition.

RECOMMENDATION:  Remove “dietary preferences” from (60)(B)(5) or revise the language to specifically link “dietary preferences” to a health issue, for example, “dietary preferences relating to a health issue.”

8VAC20-781-80(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.

Section (80)(D) as drafted is vague and overly broad.  “Medical attention” is not included as a defined term in the Proposed Standards.  Is the intent to require notification to the superintendent if “medical attention” was required by a medical professional, who either was called to the site, or was consulted in the medical professional’s office?  Without clarification, the application of a band aid could be interpreted as “medical attention,’ which surely is not the intent.  In addition, treatment by a medical professional may include treatment that does not warrant reporting, such as the example of the removal of a splinter offered in other comments.

RECOMMENDATION:  Clarify the meaning and intent of Section (80)(D) by providing a definition of “medical attention” and by revising the language of (80)(D).

8VAC20-781-110(A):  A center shall ensure that the director is on premises at least 50% of the center‘s hours of operation each week.

Section 110(A) as drafted makes no provision for a Director’s absence for illness, or vacation, for example.  

RECOMMENDATION:  Revise (110)(A) to include “regularly”, specifically:  “director is regularly on premises.”

8VAC20-781-120:  Lead Teacher Qualifications

As defined in the Proposed Standards, “‘Programmatic experience’ means the supervision of children in a structured setting. Experience shall be calculated based on full-time work.”  Many educational settings, especially early childhood education settings, have part-time workers.  Meaningful programmatic experience can also be gained during part-time work and should be included as relevant programmatic experience.

RECOMMENDATION:  Revise the definition of Programmatic Experience to clarify that part-time work in an appropriate setting counts towards programmatic experience and revise (120)(B) and C to reflect that the measure of programmatic experience is based on full time employment but that relevant part-time employment may be counted toward that total (for example, (B)(1) “The equivalent of three months of full time programmatic experience”).

8VAC20-781-140(A):  Orientation training, Preservice Training

At present the required preservice training includes a significant amount of subsidy-specific training information not relevant to programs not receiving subsidies.  Rather than having non-subsidy staff receive irrelevant training, a method for requiring the completion of relevant portions of the preservice training needs to be put in place. It also is worth noting that, to the extent Centers compensate staff for training time, the requirement for irrelevant training has a financial cost to Centers.

RECOMMENDATION:  Devise a method to limit the requirement for preservice training to those sections relevant to a Center and revise (140)(A) to reflect the limitation and method.

8VAC20-781-140(B)(4):  Facility-specific Orientation training, introduction and orientation to each child

Section (140)(B)(4) includes a requirement that facility-specific orientation training include “[i]ntroduction and orientation to each child assigned to staff, including health issues.”  It is not clear what “introduction and orientation to each child” includes other than the communication of health issues.  Is the intent of the provision to ensure that the staff responsible for the care of a particular child is provided with child-specific information necessary for quality care?  Which would include not only health issues, but also information about the child’s development, temperament, etc.?

RECOMMENDATION:  Revise (140)(B)(4) to clarify the meaning of “introduction and orientation to each child assigned to staff” and to better inform Centers about the intent of such introduction and orientation.

8VAC20-781-140(F):  Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall be exempt from orientation and training requirements applicable to staff of child day programs by this section. This orientation and training exemption shall not apply to any parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant.

The language of the cooperative preschool parent volunteer training exemption was passed by legislative mandate, as follows:  

In a cooperative preschool center that is organized, administered, and maintained by parents of children in care, parent volunteers or other persons who participate and volunteer in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such volunteers who are counted in the staff-to child ratios required in 22VAC40-185-340, shall complete four hours of training per year and shall be exempt from orientation and training requirements applicable to staff of child day programs. This orientation and training exemption shall not apply to any parent volunteer or other person as referred to in this subdivision if the cooperative preschool center has entered into a contract with the Department or a local department to provide child care services funded by the Child Care and Development Block Grant.

The Proposed Standards include a definition of Cooperative Preschool Center.  The language of Section (140)(F) no longer includes the word “volunteer(s)” and limits the exemption from orientation and training requirements to this section.  The following language more closely tracks the mandate:  Parent volunteers or other persons who participate and volunteer in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall be exempt from orientation and training requirements applicable to staff of child day programs [delete by this section]. This orientation and training exemption shall not apply to any parent volunteer or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant.  The inclusion of “volunteer(s)” and deletion of “by this section”  more accurately reflect the legislative intent.

RECOMMENDATION:  Review and revise the language of (140)(F) as necessary to ensure that (140(F) fully comports with the legislative mandate.

8VAC20-781-150(E):  Parents or other persons who participate in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall only be required to complete four hours of ongoing training each year. Any parent or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant must complete the training requirements applicable to all centers by this section. 

The language of the cooperative preschool parent volunteer training exemption was passed by legislative mandate, as follows:  

In a cooperative preschool center that is organized, administered, and maintained by parents of children in care, parent volunteers or other persons who participate and volunteer in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such volunteers who are counted in the staff-to child ratios required in 22VAC40-185-340, shall complete four hours of training per year and shall be exempt from orientation and training requirements applicable to staff of child day programs. This orientation and training exemption shall not apply to any parent volunteer or other person as referred to in this subdivision if the cooperative preschool center has entered into a contract with the Department or a local department to provide child care services funded by the Child Care and Development Block Grant.

The Proposed Standards include a definition of Cooperative Preschool Center.  The language of Section (150)(E) no longer includes the word “volunteer(s)”, nor does it include an explicit exemption from orientation and training requirements other than the 4 hours of required training.  The following language more closely tracks the mandate:  Parent volunteers or other persons who participate and volunteer in a cooperative preschool center on behalf of a child attending such cooperative preschool center, including such parents and persons who are counted for the purpose of determining staff-to-child ratios, shall [delete only be required to] complete four hours of ongoing training each year and shall be exempt from orientation and training requirements applicable to staff of child day programs.   Any parent volunteer or other person who participates in a cooperative preschool center that has entered into a contract to provide child care services funded by the Child Care and Development Block Grant must complete the training requirements applicable to all centers by this section.

RECOMMENDATION:  Review and revise the language of (150)(E) as necessary to ensure that (150)(E) fully comports with the legislative mandate.