WSR 98-20-098




(Children's Administration)

[Filed October 7, 1998, 10:58 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-02-057.

Title of Rule: In chapter 388-155 WAC, Minimum licensing requirements for family child day care homes, WAC 388-155-010 Definitions, 388-155-180 Staffing qualifications, 388-155-200 Development and training, and 388-155-470 Personnel records. In chapter 388-150 WAC, Minimum licensing requirements for child day care centers, WAC 388-150-010 Definitions, 388-150-180 Staff patterns and qualifications, 388-150-200 Staff training and development, and 388-150-470 Personnel policies and records. In chapter 388-151 WAC, School-age child care center minimum licensing requirements, WAC 388-151-010 Definitions, 388-151-180 Staffing patterns and qualifications, 388-151-190 Group size and staff-child ratios; 388-151-200 Staff development, orientation and training, and 388-151-470 Personnel policies and records.

Purpose: To require annual in-service training for child care providers.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: Family child care providers and child care center and school age program directors, supervisors, site coordinators and lead staff must take a 20-hour basic training during the first six months of employment or licensure, unless they have specified prior education. Each year thereafter, persons in these positions must take ten hours of training. Training must be approved by the Washington STARS (State Training and Registry System), which is defined. Licensees must document training in personnel files. Center and school age program employees must complete a profile form at time of hire.

Reasons Supporting Proposal: The legislature directed the Department of Social and Health Services (DSHS) to adopt rules to require annual in-service training for specified categories of child care providers in section 202(8), Legislative Budget for 1997-1999.

Name of Agency Personnel Responsible for Drafting: Susan Kavanaugh/Gretchen Stahr Breunig, Office of Child Care Policy, P.O. Box 45700, (360) 902-8043; Implementation and Enforcement: Office of Child Care Policy, P.O. Box 45700, Olympia, WA 98504-5700, (360) 902-8044.

Name of Proponent: Department of Social and Health Services, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The legislature, in addition to directing DSHS to adopt rules to require training, provided funding for scholarships, a registry of training completed and a system for approving trainers.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Family child care providers, child care center and school age center program directors, lead teachers, program supervisors, and site supervisors are required to complete 20 hours (or two credits) of department approved introductory training prior to or during the first six months of being licensed or employed and 10 hours (or one credit) of annual continuing education each year thereafter. Training must be approved by the department. Current employees and licensees who have not already completed approved basic training (and are not exempt) are obligated to do so within the first year of when the rules are adopted.

Those who have completed at least twelve college quarter credits in early childhood education, child development or related areas or who have a current Child Development Association (CDA) or equivalent credential are exempt from the basic training requirement. They must, however, take the 10 hours of continuing training each year.

Licensees must document training in personnel files. Child care center and school-age program employees must complete a profile form at the time of hire and licensees must submit this form, to permit tracking of compliance with training requirements.

The Washington STARS (State Training and Registry System) is defined as the entity designated by the department to determine the classes, courses and workshops child care licensees and staff may take to satisfy training requirements.

Proposal Changes the Following Existing Rules: Currently, family child care providers are required to have training in only first aid/CPR and preventing transmission of HIV/AIDS. This proposal requires additional training focused on child development approved through Washington STARS.

Currently, directors of child care centers and school-age programs are required to provide training opportunities for their staff, but hours and subject areas are not specified. This proposal specifies the number of hours of training required of lead staff and requires that it be approved through STARS.

Currently child care center directors or program supervisors and school-age program directors or site coordinators are required to have training in child development prior to employment or licensure. This proposal requires that they also take Washington STARS approved training each year.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

See Reviser's Note following.

A copy of the statement may be obtained by writing to Roberta Morley, Office of Child Care Policy, P.O. Box 45700, Olympia, WA 98504-5700, phone (360) 902-8044, fax (360) 902-8044.

RCW 34.05.328 applies to this rule adoption. The proposed rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been included in the small business economic impact statement. To obtain a copy contact the staff person listed above.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 24, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 13, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by November 24, 1998.

Date of Intended Adoption: November 25, 1998.

October 2, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-21 issue of the Register.

Legislature Code Reviser


Washington State Code Reviser's Office