In the NORIA (the first step towards writing a regulation) there was stricter draft language around separating older children from younger children in the outdoor play area and the proposed language allowing two year olds to flow with either group is very helpful. We believe this draft language is still unnecessary and harmful. 

Proposed Regulation

8VAC20-781-230 G. Infants and toddlers 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.

Is this happening?

Yes, it is likely that programs, especially those with limited outdoor space share the outdoor play area at least occasionally.

Is it unsafe?

Not necessarily. It makes sense that this would feel like a common sense regulation to those outside the early childhood field but if you consider a public playground you may see children of all ages playing together safely. The regulations already require that there is 75 square feet of space per child. The regulations also already require that when a group includes children from different age groups, the age of the youngest child in the group determines the staff-to-children ratio for that group. The standards already require that infants are protected from older children.

What is the appropriate regulation?

I don’t have any evidence that what is happening under the current regulations, that don’t include this, is not working. If there is a concern it would be useful to consider specifically what we are regulating against and draft the narrowest standard required to address any safety concerns that have occurred. A standard that requires a policy or safety procedure could provide for more intentionality around these interactions if it is needed. 

What are the unintended consequences of moving this regulation forward?

In our program it is hardest to get infants the outdoor time that they need because they are on independent schedules sleeping multiple times per day. We welcome them outside whenever they are able to join and ratios allow. Allowing older children to maintain relationships with the younger children is beneficial for the learning of both. We also sometimes overlap on the playground early in the morning or late in the afternoon and during times where the playground is switching from one class to another. These periods of being on the playground together build school community and relationships across ages. Rigid rules like this standard lead to children waiting for the playground longer and less time and flexibility around an already very busy and structured day in child care. This is likely to result in infants getting less outdoor time due to their schedules. Loss community connections across classrooms and more rigid controls just lead to greater burnout. 

We would like the removal of 8VAC20-781-230 G.