8VAC20-781-150(B):  Ongoing training, DOE health and safety update course

Section 150(B) as drafted requires that staff’s ongoing training each year includes the 3 hour DOE health and safety update course.  Admittedly, I am not familiar with the substance of the update course, but spending such a significant amount of the required annual ongoing training every year on the same training precludes training in other substantive areas.  Is the health and safety course updated annually?  If so, how much of the 3 hour training changes from year to year?

RECOMMENDATION:  Consider requiring the health and safety update course less than annually, based on how much the substance of the training changes from year to year (for example, the health and safety update course could be required every 3 years like Daily Health Observation training).

8VAC20-781-210(E):  The center shall provide to the superintendent an annual inspection from the local health department that each building is in compliance with applicable health codes with regard to water supply; sewage disposal system; and food service, if applicable; or a plan of correction approved by the local health department for any areas of noncompliance.

Requiring annual inspection from the local health department of water supply and  sewage disposal system for Centers using public utilities (many half-day programs do not provide food service, so would not require food service inspection) is unnecessary if there has been no change to the systems or to the regulations governing the systems.  A longer interval between inspections is reasonable absent any other factors such as changes to the systems, or facility renovations, for example.  Has this proposed regulation been discussed with local health departments?

RECOMMENDATION:  Revise (210)(E) to allow inspections at greater than annual intervals if there has been no change to the systems, at least for those Centers on public systems.  Ensure that the local health departments have adequate notice of new requirements for inspection and will be ready to conduct the needed inspections when the regulation is enacted.

8VAC20-781-230(D)(3):  Strings and cords long enough to encircle a child’s neck, such as those found on window blinds or drapery cords, shall be inaccessible to children under six years of age.

Section 230(D)(3) is overly broad because as drafted it would include many items that are appropriate in a Center enrolling children under 6 years of age, such as beading cords, ribbons, yarn, pull toys, and shoelaces.  Strings and cords on window blinds and draperies present a known hazard not presented by the properly supervised use of other materials such as those listed.  

RECOMMENDATION:  Revise (230)(D)(3) to apply more narrowly to the known hazard presented by window blinds and drapery cords  without encompassing appropriate craft and fine motor materials.

VAC20-781-240(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.

Section (240)(G) requires children 36 months old and younger to either have a separate outdoor play area or to not be in an outdoor play area at the same time as preschool and school age children.  This broad prohibition against mixed age outdoor play does not take into account the intrinsic value of opportunities for learning presented by interactions between children of differing ages and stages of development, which must be balanced against the challenges mixed age open-ended outdoor play presents.  In addition, and more specifically, many Centers enroll 2, 3, and 4 year old children.  Prohibiting 2 year olds from outdoor play with preschool age children not only would preclude meaningful opportunities for interaction between the children, but it also would have practical effects on those Centers and their programs.  Centers will incur additional costs to restructure outdoor spaces for segregated play, or outdoor play time will be reduced for all children enrolled in order to keep ages separate.  Rather than forcing the separation of 2s and preschool age children (as defined in the regulations), procedures for supervising such mixed age groups could be included in playground supervision policies.

RECOMMENDATION:  Revise (240)(G) to allow mixed age outdoor play with 2s and preschool age children (as defined by the regulations), which is a standard and desirable feature of many programs enrolling 2, 3, and 4 year old children.  Evaluate other methods of ensuring playground safety (e.g., requiring additional policies and procedures) that better balance the benefits of mixed age outdoor play with the challenges presented instead of a broad prohibition.  

VAC20-781-410(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.

Requiring written notice of a “pattern of behavioral problems” would set up an adversarial relationship between the Center and parents, rather than a supportive relationship with the shared ongoing goal of working together in the child’s best interest.  More informal means of communication, such as conversations and conferences, allow the open expression of empathy and the sharing of information, and are far more likely to contribute to a foundation of trust between parents and the program.  These are complicated issues that must be handled sensitively; a “one size fits all” requirement of written notice belies the very nature of these types of issues.  Children, parents, and programs need flexibility in resolving behavioral issues.  In addition, the use of the term “behavioral problems”  is not consistent with respect for the individual child.

RECOMMENDATION:  Remove Section (410)(A)’s  requirement of written notice to parents of  “a pattern of behavioral problems.”

VAC20-781-410(B):  The center shall maintain a written record and provide parents with a written report of each incident involving their child on the day of occurrence. 

"’Incident’ means an event in which a child is injured or in a situation where injury is likely to occur.”  Given the vague definition of incident in the Proposed Standards, which includes when a child is “in a situation where injury is likely to occur,”  it is unclear what circumstances would require a written report.

RECOMMENDATION:  Revise the definition of “Incident” and the language of (410)(B) to clarify under what circumstances a written record and written report to parents is required on the same day.

8VAC20-781-430(D):  The center shall wash stuffed animals, cloth dolls, dress-up clothes, and pillows or removable covers at least once a week or when soiled.

The requirement to wash all enumerated items on a weekly basis is unnecessarily burdensome.  Not all of these items will be used on a weekly basis. Requiring weekly washing regardless of use or soiling will burden staff, shorten the lifespan of the items, and potentially lead to a less welcoming environment because staff/Centers will limit the use of such cloth items in order to reduce the burden of weekly washing.

RECOMMENDATION:  Revise (430)(D) to require the washing of the enumerated cloth items when soiled or at a greater interval than weekly, for example, monthly.

VAC20-781-660(C):  Monkeys, bats, ferrets, poisonous animals, reptiles, psittacine birds (birds of the parrot family), stray animals, or wild or dangerous animals shall not be in areas accessible to children during the hours children are in care.

This provision is overly broad because it excludes a number of class pets (tortoises and bearded dragons, for example, both of which are reptiles), that provide excellent opportunities for learning.  The value of classroom pets is widely acknowledged yet (660)(C) removes a broad category of interesting and safe class pets from the classroom.  In addition, “in areas accessible to children” includes outdoor play spaces in which wild animals may appear;  certainly a Center cannot exclude wild animals or reptiles from outdoor play spaces, although appropriate actions would be taken, as necessary, if found in an outdoor play space,

RECOMMENDATION:  Revise (660)(C) to allow reptiles as classroom pets and clarify language “shall not be in areas accessible to children.”