WSR 14-14-082 EMERGENCY RULES DEPARTMENT OF EARLY LEARNING [Filed June 30, 2014, 8:16 a.m., effective July 1, 2014] Effective Date of Rule: July 1, 2014.
Purpose: To remove language governing the duration of basic state training and registry system (STARS) training required for school-age child care program staff.
Citation of Existing Rules Affected by this Order: Amending WAC 170-297-1710, 170-297-1715, 170-297-1720, 170-297-1775, and 170-297-2075.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Emergency rules are necessary for the preservation of the general welfare. The new STARS curriculum incorporates needed training improvements based on new research, updated child guidance training aligned with best practices, and additional information tied to early brain and biological development, and is aligned with department of early learning's child care quality framework. Removal of language regarding duration of the training is needed because the new curriculum requires more than twenty hours to complete. Observing the time requirements of notice and opportunity to comment on adoption of permanent rules would be contrary to the public interest as it would delay improved provider training.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.
Date Adopted: June 30, 2014.
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-1710 Program director.
(1) The licensee must serve as or employ a program director who is responsible for the overall management of the child care program and operation.
(2) The program director must have the understanding, ability, physical health, emotional stability and good judgment to meet the needs of the children in care.
(3) The program director must:
(a) Be at least twenty-one years of age;
(b) Have two years' experience in management, supervision, or leadership;
(c) Attend a department orientation within six months of employment or assuming the position;
(d) Have a TB test as required under WAC 170-297-1750;
(e) Have a background clearance as required under chapter 170-06 WAC;
(f) Have current CPR and first-aid certification as required under WAC 170-297-1825;
(g) Complete HIV/AIDS training and annual bloodborne pathogens training as required under WAC 170-297-1850;
(h) Have a high school diploma or equivalent;
(i) Have a minimum of forty-five college credits (or thirty college credits and one hundred fifty training hours) in approved school-age credits as specified in the Washington state guidelines for determining related degree and approved credits; and
(j) Have completed ((twenty hours of)) basic STARS training or possess an exemption.
(4) A program director must be on the premises as needed.
(5) When the program director is not on-site the program director must leave a competent, designated staff person in charge. This staff person must meet the qualifications of a site coordinator and may also serve as child care staff when that role does not interfere with management and supervisory responsibilities.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-1715 Site coordinator.
(1) A child care program may employ a site coordinator responsible for being on-site with children, program planning, and program implementation. The site coordinator must provide regular supervision of staff and volunteers.
(2) The site coordinator must have the understanding, ability, physical health, emotional stability and good judgment to meet the needs of the children in care.
(3) Site coordinator staff must:
(a) Be twenty-one years of age;
(b) Have two years management experience in a related field;
(c) Attend a department orientation within six months of employment or assuming the position;
(d) Have a high school diploma or equivalent;
(e) Have completed thirty college credits in approved school-age credits as specified in the Washington state guidelines for determining related degree and approved credits, or twenty college credits and one hundred clock hours of related community training;
(f) Have completed ((twenty hours of)) basic STARS training or possess an exemption;
(g) Complete ongoing training hours as required under WAC 170-297-1800;
(h) Develop an individual training plan;
(i) Have a food worker card, if applicable; and
(j) Attend an agency orientation as required under WAC 170-297-5800.
(4) A site coordinator must be on the premises for the majority of hours that care is provided each day. If temporarily absent from the program, the site coordinator must leave a competent, designated staff person in charge who meets the qualifications of a site coordinator.
(5) The site coordinator may also serve as child care staff when the role does not interfere with management and supervisory responsibilities.
AMENDATORY SECTION (Amending WSR 13-23-075, filed 11/19/13, effective 12/20/13)
WAC 170-297-1720 Lead teachers.
(1) Lead teachers may be employed to be in charge of a child or a group of children.
(2) The lead teacher must have the understanding, ability, physical health, emotional stability and good judgment to meet the needs of the children in care.
(3) Lead teachers must:
(a) Be eighteen years of age or older;
(b) Have one year experience in school-age care;
(c) Have a TB test as required under WAC 170-297-1750;
(d) Have a background clearance as required under chapter 170-06 WAC;
(e) Have current CPR and first-aid certification as required under WAC 170-297-1825;
(f) Complete HIV/AIDS training and annual bloodborne pathogens training as required under WAC 170-297-1850;
(g) Have a high school diploma or equivalent;
(h) Complete ((twenty hours of)) basic STARS training within three months of assuming the position of lead teacher;
(i) Complete ongoing training hours as required under WAC 170-297-1800;
(j) Have a food worker card, if applicable; and
(k) Attend an agency orientation as required under WAC 170-297-5800.
(4) Lead teachers are counted in the staff-to-child ratio.
(5) When the site coordinator is off-site or unavailable, lead teachers may assume the duties of site coordinator when they meet the site coordinator minimum qualifications, and may also serve as child care staff when the role does not interfere with management and supervisory responsibilities.
AMENDATORY SECTION (Amending WSR 13-23-075, filed 11/19/13, effective 12/20/13)
WAC 170-297-1775 Basic ((twenty hour)) STARS training.
(1) Prior to working unsupervised with children the director, site coordinator, and lead teacher must register in MERIT.
(2) The director, site coordinator, and lead teacher must complete the basic ((twenty hours of)) STARS training within three months of assuming the position.
(3) If the director, site coordinator, or lead teacher qualifies for an exemption to the STARS training requirement, he or she must request an exemption to the requirement within ten days of assuming the position.
AMENDATORY SECTION (Amending WSR 12-23-057, filed 11/19/12, effective 12/20/12)
WAC 170-297-2075 Staff records.
Records for each staff person must include documentation of:
(1) Current first aid, child and adult CPR training certification;
(2) Bloodborne pathogens training certification;
(3) HIV/AIDS training certification;
(4) TB test results or documentation as required under WAC 170-297-1750;
(5) Current state food worker card for staff if required under WAC 170-297-7675;
(6) Completed background check form if applicable under WAC 170-297-1200 and a copy of the department-issued authorization letter;
(7) Copy of a current government issued picture identification;
(8) Emergency contact information;
(9) Completed application form or resume for staff when hired;
(10) Documentation for staff of:
(a) ((Twenty hour)) Basic STARS training;
(b) Ongoing training completed; and
(c) Registration in MERIT;
(11) Record of training provided to staff and volunteers.
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