WSR 20-11-026
PERMANENT RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed May 13, 2020, 1:55 p.m., effective June 13, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Foundational quality standards for early learning programs: Grant new family home child care licensees, who do not otherwise meet professional development requirements, five years from the date of licensure to complete an early childhood education initial certificate. Require current first-aid and CPR certifications of all paid and volunteer early learning providers who are, or have the potential to be, counted in provider to child ratios.
Citation of Rules Affected by this Order: Amending WAC 110-300-0100, 110-300-0106, 110-300-0230, and 110-300-0480.
Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065.
Adopted under notice filed as WSR 20-08-124 on March 31, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 13, 2020.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-22-103, filed 11/6/19, effective 12/7/19)
WAC 110-300-0100General staff qualifications.
All early learning providers must meet the following requirements prior to working:
(1) Family home early learning program licensees work from their private residence to provide early learning programing to a group of no more than twelve children present at one time.
(a) A family home licensee must meet the following qualifications upon application:
(i) Be at least eighteen years old;
(ii) Have a high school diploma or equivalent; and
(iii) Complete the applicable preservice requirements pursuant to WAC 110-300-0105.
(b) A family home licensee must meet the following qualifications:
(i) Family home licensees must have an ECE initial certificate, or equivalent as approved and verified in the electronic workforce registry by the department as follows:
(A) A family home licensee licensed prior to August 1, 2019, must complete an ECE initial certificate or equivalent within five years of the date this section becomes effective;
(B) A family home licensee licensed August 1, 2019, or later must complete an ECE initial certificate or equivalent within five years of licensure; and
(ii) Upon completion of the ECE initial certificate or equivalent, family home licensees must complete an ECE short certificate or equivalent within two years, as approved and verified in the electronic workforce registry by the department.
(A) If a family home licensee already has an existing ECE initial certificate or equivalent, the licensee must complete an ECE short certificate or equivalent within five years of licensure by the department.
(B) ((Five years from the date this rule takes effect))Beginning August 1, 2024, the family home licensee must complete an ECE short certificate or equivalent within three years.
(iii) Have their continued professional development progress documented annually.
(c) Family home licensees must provide the following services:
(i) Be on-site for the daily operation of the early learning program fifty percent or more of weekly operating hours, or designate a person with the qualifications of a family home licensee to be on-site when not present;
(ii) Comply with these foundational quality standards;
(iii) Develop a curriculum philosophy, communicate the philosophy to all early learning program staff and parents, and train staff to ensure the philosophy serves all children in the early learning program;
(iv) Have knowledge of community resources available to families, including resources for children with special needs and the ability to share these resources with families; and
(v) Oversee early learning program staff and support staff in creating and maintaining staff records.
(2) Center early learning program licensees must meet the requirements of a center director, listed in subsection (3) of this section, or hire a center director who meets the qualifications prior to being granted an initial license. Center licensees who fulfill the role of center director in their early learning program must complete all trainings and requirements for center directors.
(3) Center directors or assistant directors manage the early learning program and set appropriate program and staff expectations.
(a) A center director must meet the following qualifications:
(i) Be at least eighteen years old;
(ii) Have an ECE state certificate or equivalent as approved and verified in the electronic workforce registry by the department as follows:
(A) A center director working at the time this chapter becomes effective must complete an ECE state certificate or equivalent within five years of the date this section becomes effective;
(B) A center director hired or promoted after this chapter becomes effective must have an ECE state certificate or equivalent within five years of the time of hire.
(iii) Have two years of experience as a teacher of children in any age group enrolled in the early learning program and at least six months of experience in administration or management or a department approved plan;
(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105;
(v) If a center director does not meet the minimum qualification requirements, the center early learning program must employ an assistant director or program supervisor who meets the minimum qualifications of these positions;
(vi) Have their continued professional development progress documented annually.
(b) An assistant director must meet the following qualifications:
(i) Be at least eighteen years old;
(ii) Have an ECE state certificate or equivalent as approved and verified in the electronic workforce registry by the department as follows:
(A) An assistant director working at the time this chapter becomes effective must complete an ECE state certificate or equivalent within five years of the date this section becomes effective;
(B) An assistant director hired or promoted after this chapter becomes effective must have an ECE state certificate or equivalent within five years of the time of hire.
(iii) Have two years of experience as a teacher of children in any age group enrolled in the early learning program or two years of experience in administration or management, or a department approved plan;
(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105;
(v) Have their continued professional development progress documented annually.
(c) A center director or assistant director or equivalent must provide the following services:
(i) Be on-site for the daily operation of the early learning program fifty percent or more of weekly operating hours up to forty hours per week, or designate a person with the qualifications of an assistant director, program supervisor, or equivalent. A center director may act as a substitute teacher if acting as a substitute does not interfere with management or supervisory responsibilities;
(ii) Comply with foundational quality standards;
(iii) Develop a curriculum philosophy, communicate the philosophy to all early learning program staff and parents, and train staff to ensure the philosophy serves all children in the early learning program (or designate a program supervisor with this responsibility);
(iv) Have knowledge of community resources available to families, including resources for children with special needs and be able to share these resources with families; and
(v) Oversee professional development plans for early learning program staff including, but not limited to:
(A) Providing support to staff for creating and maintaining staff records;
(B) Setting educational goals with staff and locating or coordinating state-approved training opportunities for staff; and
(C) Observing and mentoring staff.
(4) Center program supervisors plan the early learning program services under the oversight of a center director or assistant director.
(a) A program supervisor must meet the following qualifications:
(i) Be at least eighteen years old;
(ii) Have an ECE state certificate or equivalent within five years of the date this section becomes effective or from the time of hire or promotion, if a director or assistant director does not have an ECE state certificate or equivalent as required by this section;
(iii) Have two years of experience as a teacher of children in any age group enrolled in any early learning program;
(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105; and
(v) Have their continued professional development progress documented annually.
(b) A program supervisor performs the following duties:
(i) Guide the planning of curriculum philosophy, implementation, and environmental design of the early learning program;
(ii) Comply with foundational quality standards;
(iii) Act as a teacher or director as long as it does not interfere with the program supervisor's primary responsibilities; and
(iv) Manage the professional development plans and requirements for staff as needed.
(c) One person may be the center director, assistant director, and the program supervisor when qualified for all positions, provided that all requirements of subsection (3)(a) and (b) of this section are met.
(5) Any individual hired or promoted into a position detailed in subsections (2), (3), and (4) of this section who does not have an ECE state certificate or equivalent as required under subsections (3)(a)(ii), (b)(ii), and (4)(a)(ii) of this section must instead meet the following requirement as approved and verified in the electronic workforce registry by the department:
If a center is licensed for this number of children:
Then the director, assistant director, or program supervisor must have completed at least this number of college quarter credits in early childhood education core competencies:
(a) 12 or fewer
10
(b) 13 to 24
25
(c) 25 or more
45
(6) Lead teachers are responsible for implementing the center or family home early learning program. Lead teachers develop and provide a nurturing and responsive learning environment that meets the needs of enrolled children.
(a) A lead teacher must meet the following qualifications:
(i) Be at least eighteen years old;
(ii) Have a high school diploma or equivalent; and
(iii) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105.
(b) A center lead teacher must meet the following requirements:
(i) Have an ECE initial certificate or equivalent as approved and verified in the electronic workforce registry by the department within five years of the date this section becomes effective, or five years from being employed or promoted into this position at any licensed early learning program;
(ii) Progress towards an ECE short certificate or equivalent. A center lead teacher hired after this chapter becomes effective must have an ECE short certificate within two years of receiving an ECE initial certificate, or seven years from being employed or promoted into this position at any licensed early learning program; and
(iii) Have their professional development progress documented annually.
(c) A family home lead teacher must meet the following requirements:
(i) Have an ECE initial certificate or equivalent as approved and verified in the electronic workforce registry by the department within five years of the date this section becomes effective, or from being employed or promoted into this position at any licensed early learning program;
(ii) Prior to being in charge of their early learning program fifty percent or more of the time, a family home lead teacher must meet the qualifications of the family home licensee and complete or be registered in orientation training required in WAC 110-300-0105(1); and
(iii) Have their professional development progress documented annually.
(7) Assistant teachers help a lead teacher or licensee provide instructional support to children and implement developmentally appropriate programs in center or family home early learning programs.
(a) An assistant teacher must meet the following qualifications:
(i) Be at least eighteen years old;
(ii) Have a high school diploma or equivalent; and
(iii) Have a minimum of an ECE initial certificate or equivalent as approved and verified in the electronic workforce registry by the department within five years of the date this section becomes effective, or from being employed or promoted to this position at any licensed early learning program;
(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105; and
(v) Have their professional development progress documented annually.
(b) Assistant teachers may work alone with children with regular, scheduled, and documented oversight and on-the-job classroom training from the classroom's assigned lead teacher who is primarily responsible for the care of the same group of children for the majority of their day.
(c) For continuity of care, assistant teachers can act as a substitute lead teacher up to two weeks. If longer than two weeks, the provider must notify the department with a plan to manage the classroom.
(8) Aides provide classroom support to an assistant teacher, lead teacher, program supervisor, center director, assistant director, or family home licensee. Aides must meet the following qualifications:
(a) Be at least fourteen years old;
(b) Have a high school diploma or equivalent, or be currently enrolled in high school or an equivalent education program;
(c) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105;
(d) Have their professional development progress documented annually; and
(e) Aides may be counted in the staff-to-child ratio if they are working under the continuous oversight of a lead teacher, program supervisor, center director, assistant director, assistant teacher, or family home licensee.
(i) Aides working nineteen or fewer hours per month ((or less can count))can be counted towards staff-to-child ratio with applicable preservice requirements pursuant to WAC 110-300-0105 ((and))but without in-service training requirements pursuant to WAC 110-300-0107 (1)(a).
(ii) Aides who work ((twenty hours or)) more than nineteen hours per month ((with))and who have a cumulative twelve months of employment must complete applicable preservice requirements ((pursuant to))detailed in WAC 110-300-0105 and the in-service training ((pursuant to))detailed in WAC 110-300-0107 (1)(a).
(9) Other personnel who do not directly care for children and are not listed in subsections (1) through (8) of this section must meet the following qualifications:
(a) Complete and pass a background check, pursuant to chapter 110-06 WAC;
(b) Have a negative TB test, pursuant to WAC 110-300-0105; and
(c) Complete program based staff policies and training, pursuant to WAC 110-300-0110.
(10) Volunteers help at early learning programs. Volunteers must meet the following qualifications:
(a) Be at least fourteen years old (volunteers must have written permission to volunteer from their parent or guardian if they are under eighteen years old);
(b) Work under the continuous oversight of a lead teacher, program supervisor, center director, assistant director, assistant teacher, or family home licensee;
(c) Regular, ongoing volunteers may count in staff-to-child ratio if they:
(i) Complete and pass a background check, pursuant to chapter 110-06 WAC;
(ii) Complete a TB test, pursuant to WAC 110-300-0105;
(iii) Complete the training requirements, pursuant to WAC 110-300-0106;
(iv) Complete program based staff policies and training, pursuant to WAC 110-300-0110; and
(v) Have their professional development progress documented annually.
(d) Occasional volunteers must comply with (a) and (b) of this subsection and cannot count in staff-to-child ratio. Occasional volunteers may include, but are not limited to, a parent or guardian helping on a field trip, special guest presenters, or a parent or guardian, family member, or community member helping with a cultural celebration.
AMENDATORY SECTION(Amending WSR 18-15-001, filed 7/5/18, effective 7/5/18)
WAC 110-300-0106Training requirements.
(1) Early learning providers licensed, working, or volunteering in an early learning program before the date this section becomes effective must complete the applicable training requirements of this section within three months of the date this section becomes effective unless otherwise indicated. State or federal rules may require health and safety training described under this chapter to be renewed annually. Early learning providers hired after the date this section becomes effective must complete the training requirements of subsections (4) through (10) of this section within three months of the date of hire and prior to working in an unsupervised capacity with children.
(2) License applicants and early learning providers must register with the electronic workforce registry prior to being granted an initial license or working with children in an unsupervised capacity.
(3) License applicants, center directors, assistant directors, program supervisors, lead teachers, assistant teachers, and aides must complete the child care basics training as approved or offered by the department:
(a) Prior to being granted a license;
(b) Prior to working unsupervised with children; or
(c) Within three months of the date this section becomes effective if already employed or being promoted to a new role.
(4) Early learning providers must complete the recognizing and reporting suspected child abuse, neglect, and exploitation training as approved or offered by the department according to subsection (1) of this section. Training must include the prevention of child abuse and neglect as defined in RCW 26.44.020 and mandatory reporting requirements under RCW 26.44.030.
(5) Early learning providers must complete the emergency preparedness training as approved or offered by the department (applicable to the early learning program where they work or volunteer) according to subsection (1) of this section.
(6) Early learning providers licensed to care for infants must complete the prevention and identifying shaken baby syndrome/abuse head trauma training as approved or offered by the department according to subsection (1) of this section.
(7) Early learning providers must complete the serving children experiencing homelessness training as approved or offered by the department according to subsection (1) of this section.
(8) License applicants and early learning providers licensed to care for infants must complete the safe sleep training as approved or offered by the department. This training must be completed annually and:
(a) Prior to being licensed;
(b) Prior to caring for infants; or
(c) According to subsection (1) of this section.
(9) ((Family home licensees, center directors, assistant directors, program supervisors, lead teachers, and other appropriate staff members must complete the child restraint training as approved or offered by the department. This training must be completed annually; and:
(a) Prior to being authorized to restrain an enrolled child; or
(b) According to subsection (1) of this section.
(10))) Family home licensees, center directors, assistant directors, program supervisors, and lead teachers must complete the medication management and administration training as approved or offered by the department prior to giving medication to an enrolled child, or as indicated in subsection (1) of this section.
(((11)))(10) Early learning providers who directly care for children must complete the prevention of exposure to blood and body fluids training that meets Washington state department of labor and industries' requirements prior to being granted a license or working with children. This training must be repeated pursuant to Washington state department of labor and industries regulations.
(((12)))(11) Family home licensees, center directors, assistant directors, program supervisors, lead teachers, assistant teachers, and any other early learning providers counted in staff-to-child ratio, or who could potentially be counted in ratio, must ((have a current))be trained in first-aid and cardiopulmonary resuscitation (CPR) ((certification prior to being alone with children. Early learning providers must ensure that at least one staff person with a current first-aid and CPR certificate is present with each group of children at all times)).
(a) Proof of training can be shown with a certification ((may be a)) card, certificate, or instructor letter.
(b) The first-aid and CPR training and certification must:
(i) Be delivered in person and include a hands-on component for first aid and CPR demonstrated in front of an instructor certified by the American Red Cross, American Heart Association, American Safety and Health Institute, or other nationally recognized certification program;
(ii) Include child and adult first-aid and CPR; and
(iii) Infant first-aid and CPR, if applicable.
(((13)))(12) Early learning providers who prepare or serve food to children at an early learning program must obtain a current food worker card prior to preparing or serving food. Food worker cards must:
(a) Be obtained ((online or)) through the local health jurisdiction, in person or online; and
(b) Be renewed prior to expiring.
AMENDATORY SECTION(Amending WSR 18-15-001, filed 7/5/18, effective 7/5/18)
WAC 110-300-0230First-aidCPR certification and supplies.
(1) Family home licensees, center directors, assistant directors, program supervisors, lead teachers, assistant teachers, and any other early learning providers counted in staff-to-child ratio, or who could potentially be counted in ratio, must have a current pediatric and adult first-aid and CPR certificate, pursuant to WAC 110-300-0106(11).
(2) An early learning provider must keep a complete first-aid kit in the licensed space, on any off-site trip, and in a vehicle used to transport children in care. A first-aid kit must:
(a) Be stored in a location that is easily accessible to staff;
(b) Be inaccessible to children;
(c) Be separate from food or chemicals;
(d) Be kept clean and sanitary;
(e) Be stored in a manner that prevents contamination; and
(f) Have sufficient supplies for the number of enrolled children and staff consistent with the early learning program's licensed capacity, or sufficient supplies for each room in the licensed space.
(((2)))(3) A first-aid kit must include:
(a) Disposable nonporous protective nonlatex gloves;
(b) Adhesive bandages of various sizes;
(c) Small scissors;
(d) Tweezers;
(e) An elastic wrapping bandage;
(f) Sterile gauze pads;
(g) Ice packs;
(h) A disposable or mercury free thermometer that uses disposable sleeves, or is cleaned and sanitized after each use;
(i) A sling, or a large triangular bandage;
(j) Adhesive tape;
(k) A CPR barrier with a one-way valve or both an adult and pediatric CPR mask with a one-way valve;
(l) A current first-aid manual; and
(m) Hand sanitizer (for adult use only).
AMENDATORY SECTION(Amending WSR 18-15-001, filed 7/5/18, effective 7/5/18)
WAC 110-300-0480Transportation and off-site activity policy.
(1) An early learning provider must have and follow a transportation and off-site activity policy for personal or public transportation service, or nonmotorized travel offered to children in care.
(a) The transportation and off-site activity policy must include routine trips, which must not exceed two hours per day for any individual child.
(b) Written parent or guardian authorization to transport the parent or guardian's child. The written authorization must be:
(i) A specific event, date, and anticipated travel time;
(ii) A specific type of trip (for example, transporting to and from school, or transporting to and from a field trip); or
(iii) A full range of trips a child may take while in the early learning provider's care.
(c) Written notices to parents or guardians, to be given at least twenty-four hours before field trips are taken.
(2) During travel to an off-site activity, an early learning provider must:
(a) Have the health history, appropriate medication (if applicable), emergency information, and emergency medical authorization forms accessible for each child being transported;
(b) Have a phone to call for emergency help;
(c) Have a complete first-aid kit;
(d) Maintain the staff-to-child ratio, mixed groupings, and active supervision requirements;
(e) Have ((at least one staff member currently certified in))a current first aid and CPR ((supervise children))certification pursuant to WAC 110-300-0106(11);
(f) Take attendance using a roll call or other method that assures all children are accounted for each time children begin and end travel to an off-site activity, and every time children enter and exit a vehicle; and
(g) Never leave children unattended in the vehicle.
(3) When an early learning provider supplies the vehicle to transport children in care, the program and provider must:
(a) Follow chapter 46.61 RCW, Rules of the road, and other applicable laws regarding child restraints and car seats;
(b) Assure that the number of passengers does not exceed the seating capacity of the vehicle;
(c) Maintain the vehicle in good repair and safe operating condition;
(d) Maintain the vehicle temperature at a comfortable level to children;
(e) Assure the vehicle has a current license and registration as required by Washington state transportation laws;
(f) Assure the vehicle has emergency reflective triangles or other devices to alert other drivers of an emergency;
(g) Assure the driver has a valid driver's license for the type of vehicle being driven and a safe driving record for at least the last five years;
(h) Prevent any driver with a known condition that would compromise driving, supervision, or evacuation capabilities from operating program vehicles; and
(i) Have a current insurance policy that covers the driver, the vehicle, and all occupants.