| Action | Revisions to the Standards for Licensed Child Day Centers |
| Stage | NOIRA |
| Comment Period | Ended on 1/31/2024 |
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8VAC20-781-120. Lead Teacher Qualifications
B. Lead teachers shall meet a director qualification indicated in 8VAC20-781-100 or one of the following education and experience requirements:
2. Six months of programmatic experience and:
a. A Virginia endorsement in a child-related field approved by the Department; or
b. 24 hours of training in the following topics: child development, behavior guidance, playground safety, and health and safety issues. This training shall be completed before being promoted or beginning work or within 60 days after being promoted or beginning work. Orientation training required by subsections B and C of 8VAC20-781-140 shall not be used to meet this qualification.
RESPONSE:
Many individuals with a passion for childcare and a high school diploma may possess valuable hands-on experience, but they might find it challenging to meet the formal education requirements. Moreover, centers invest a lot of time and resources into training lead teachers for their specific programs, making it challenging to require additional hours of general training. While I recognize the importance of professional development, I think a more reasonable balance, such as a 12-hour training requirement, ensures that centers can adequately prepare their lead teachers for their specific educational approaches while also meeting broader industry standards.
B. 2.b. Due to ongoing workforce challenges, we suggest reducing it to 12 hours instead of 24 hours. By reducing the mandatory training hours, it helps to reduce the burden on the industry without sacrificing quality care. Furthermore, the 12 hours would encompass the following:
8VAC20-781-140. Orientation Training
A. The licensee shall ensure that all staff who will work with children complete the preservice training sponsored by the Department within 90 calendar days of their date of employment.
RESPONSE:
Hiring, training and retaining staff in our industry is exceptionally challenging. We all recognize that turnover is high. Easing the burden while also maintaining rigorous standards for child health and safety is important for childcare. We suggest the 10-hour video training course be shortened to 5 or 6 hours and give staff who work at non-subsidy schools the ability to “opt out” of the chapters on subsidy training.
B. The center shall provide orientation training to all staff who work with children. The orientation training must be completed after receiving the fingerprint background results and by such staff prior to staff working alone with a child and within seven days of the staff member’s date of employment. The orientation training shall include all the following facility specific topics:
RESPONSE:
We suggest giving centers the ability to immediately begin this training after receiving the fingerprint background check clearance.
8VAC20-781-220. Building Maintenance
A. The center shall maintain the areas and equipment of the center, inside and outside in a clean, safe and operable condition. Unsafe conditions include splintered, cracked, or otherwise deterioration wood, peeling paint, visible cracks, bending, warping, rusting, breakage of any equipment; loose or unsecured cords within reach of children; unstable heavy equipment, furniture, or other items that a child could pull down.
RESPONSE:
“Visible cracks” should be removed from this list. Many buildings will display visible “hairline” cracks
as they settle. Many building materials, including concrete and metal, will expand and contract due to change in temperature. Older facilities will especially struggle with this standard. Bending and warping should be removed unless visible specifically on playground equipment to the extent that structural failure is possible. Perhaps add to 8VAC20-781-260. Play areas and equipment.
8VAC20-781-240 Areas
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.
RESPONSE:
While we understand that children of multiple ages being outside together can create a safety concern, it also can be done in a way that is not a safety concern and supports children's relationships throughout the school. We regularly have time where siblings can be outside together, which is cherished by children and families who are saddened that their children are separated from siblings all day at school. This could alos have a significant financial impact on centers if they have to restructure their playgrounds.
8VAC20-781-260. Indoor and Outdoor Play Areas and Equipment
J. Sandboxes shall be covered when not in use
RESPONSE
Playing in the sand is an incredible way to develop fine and gross motor skills. Our schools have very large sandboxes with proper drainage and canopies over each making it very hard to cover them each evening. There will also be a large financial impact with purchasing equipment to cover the sand boxes. This could result in having to permanently close the sand boxes. Please consider keeping the current language the same to protect our use of large sandboxes!
V. The requirements of this section shall not prohibit child day programs providing care for school-age children at a location that is currently approved by the Department of Education or recognized as a private school by the State Board of Education for school occupancy and that houses a public school curing the school year from permitting preschool or school-age children to use outdoor play equipment and areas approved for use by students of the school during school hours.
RESPONSE:
The “requirements of this section” refer to three pages of standards for play areas and equipment standards. Strictly following these standards is one of the most expensive budget items of a center’s physical plant. We request this exemption list specifically which requirements in this section “shall not prohibit” and give licensed centers the same options for exemption.
8VAC20-781-280 Staff-to-Children Ratio and Group Size Requirements
I. If a child with a special need is assigned to a more appropriate age group for the child’s developmental level, a written assessment by a recognized agency or professional shall be required at least annually.
RESPONSE:
We suggest adding: “…or a written request by the child’s parents.” Often in these circumstances, the parents prefer a younger group placement for their child and if the center agrees it seems unnecessary and burdensome to require a medical professional’s assessment.
8VAC20-781-330. Daily Care and Activities for Infants
E. The licensee shall ensure that staff shall not confine infants who are awake and not actively eating in one piece of equipment including: swings, highchairs, cribs, play pens, or other similar pieces of equipment for more than 30 consecutive minutes. Except when eating, the intervening time between confinements shall be at least one hour.
RESPONSE:
We suggest “intervening time” be 30 minutes, not one hour. We fully recognize the importance of babies having significant time unrestrained by any equipment. Most infant classrooms have mobile and non-mobile infants and there are often times that safety mandates a non-mobile infant be placed in an age appropriate piece of equipment while mobile infants are crawling and walking. There will most likely be times throughout the day that are not conducive to this new regulation.
F. The licensee shall ensure that for infants who are awake and unable to turn over alone, staff shall make three attempts at supervised tummy time for approximately three to four minutes at a time.
RESPONSE:
Asking staff to time three tummy times for each of four infants in their care means additional time spent not caring for children but writing down 12 different records each day. Often, the chart may not be with them on the floor, meaning remembering the minutes for each child. This can lead to errors in record keeping, especially if the staff has to attend to another child before they are able to document
8VAC20-781-410. Parent Communication and Notification
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.
RESPONSE:
We object to informing parents “in writing” when a pattern of behavioral problems emerges or persists, including actions taken in response. Discussions about behavioral issues are very sensitive and challenging for all involved. Conversations allow the message to be delivered with empathy, which promotes the relationship and partnership needed to help the child be successful. The school should decide when written documentation is necessary about the behavior and actions taken in response.
This is unwarranted overreaching by the Commonwealth into the relationships between Centers and their families. Relationships with our families are the lifeblood of our businesses. When problems arise, we have conversations, meetings, conferences and try various strategies. Our relationships are also contractual in nature. Our contracts govern when and how a child that is not adjusting well or is having behavioral issues can be unenrolled. These relationships should not be unreasonably interfered with by the State requiring documentation of behavioral issues and a course of action in writing.
H. The licensee shall ensure staff maintain daily records required by subsection G of this section for 60 calendar days from the date of report.
RESPONSE:
These daily records are given to parents every day. Centers should not have to keep a copy once placed in the possession of a parent. Center may choose to keep copies but doing this and length of time kept should not be mandated but left to the discretion of the center.
J. The center shall provide to parents of children, at least semiannually or more frequently if needed:
1.Written information about their child’s development, behavior, adjustment, and needs, and
2.Scheduled opportunities for parents to provide feedback on their children. This opportunity to provide feedback shall be documented.
RESPONSE:
1. We suggest removing “behavior” as a written requirement.
2. We conduct parent-teacher conferences formally twice a year, more if needed or requested by the parent, but we also speak to our parents twice per day. Please remove the word "scheduled" from this policy and simply make sure that Parents/Guardians are provided opportunities to provide feedback.
8VAC20-781-430 Equipment and materials
D. The following cloth items shall be washable: stuffed animals, cloth dolls, and dress-up clothes; floor pillows shall be washable or have removable covers that are machine washable. The center shall wash stuffed animals, cloth dolls, dress-up clothes, and pillows or removable covers at least once a week or when soiled.
RESPONSE:
In our program, we wash things like these items monthly or as needed if they become soiled, which seems a lot more practical and much less likely to have unintended consequences. Having to wash everything each week will create a huge burden and ultimately decrease young children’s access to soft items in their environment. Already tired teachers will reduce the stuffed animals, dress up clothes, and floor pillows that make classrooms cozy because weekly washing is not sustainable.
8VAC20-781-490. Hand Washing
D. The licensee shall ensure that staff wash their hands with liquid soap and running water:
Before and after:
a. Helping a child use the toilet
RESPONSE: (This should be moved to the “After” category)
b. A diaper change
RESPONSE: (When gloves are used, this should be moved to the “After” category) Requiring washing hands prior to changing a diaper is a waste of time and energy if the teacher wears new disposable gloves for each diaper change.
c. Feeding or helping children with feeding
d. Preparing or serving food or beverages, and
e. Administering medication or over-the-counter skin products.
RESPONSE: (spraying on sunblock or applying any skin product that does not involve touching should be eliminated from this. If staff are supervising children at a swimming facility and it’s time to re-apply sunscreen, this is overly burdensome for staff to find a sink with liquid soap and running water to wash hands prior to applying)
After:
a. Using the toilet
b. Contact with any body fluids
c. Eating
d. Handling garbage or cleaning materials
e. Coming in from outdoors, and
f. Handling or caring for animals
E. The licensee shall ensure that staff wash their hands with liquid soap and running water when their hands are visibly dirty and when entering the classroom before working with children.
RESPONSE:
We suggest removing “and when entering the classroom before working with children”. Staff are required to wash their hands prior to helping with toileting, diapering, preparing and feeding children, and administering medications as well as when visibly dirty. The staff’s attention should be focused on the children when entering the classroom.
8VAC20-781-500 Diapering and toileting
J. The storage system required in subsections G and H of this section shall be cleaned and sanitized daily.
RESPONSE:
Requiring teachers clean and sanitize the diaper trash system daily seems unnecessary. While cleaning is generally good, it seems like 8VAC20-781-500 J. which requires daily cleaning and sanitizing of the diaper trash system, is a lot more work for minimal benefit. The diaper trash can has a liner that's removed, and daily cleaning and sanitizing of the cans would take probably 30 minutes a day in a medium sized center when the next day you just put another diaper liner and trash in there again. It is already contained, and the cans are never touched because it’s mandated to be a touch-free system. The only time the inside of the can would be handled would be to put in and take out the bags. Perhaps cleaning the exterior of the trash can or in our case the cabinet that contains the diaper system would be appropriate or perhaps the sanitation of the system without the wiping clean. Of course, it would be cleaned if visibly dirty, but it is generally covered in a bag and not touched.
8VAC20-781-580. Topical Skin Products
A. When topical skin products such as lip balm, hand lotion, sunscreen, diaper ointment and lotion, and insect repellent are administered by the center, the following requirements shall be met:
1. Written parent authorization noting any known adverse reactions shall be obtained at least annually;
2. The product shall be in the original container and, if provided by the parent, labeled with the child's name;
3. Manufacturer's instructions for application shall be followed; and
4. A record shall be kept that includes the child’s name, the name of the product, date and time of use, any adverse reactions, and any application errors and action taken.
RESPONSE:
A. 4. We suggest removing all of this (4 only) for over the counter products for school age children. We support written documentation of any application errors and action taken.
8VAC20-781-660 Animals and pets
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.
Reptiles make excellent, safe class pets. Most of our centers have reptiles (box turtles, bearded dragons, leopard geckos) all kept in aquariums. Children do wash their hands after handling the animals. The new regulation 8VAC20-781-660 C forbids reptiles along with bats and monkeys (both of which are much more dangerous disease vectors). Classroom pets present great opportunities for learning, and compared to mammals, reptiles tend to be less stressed by the classroom environment. I encourage you to remove “reptiles” from the list of animals that are forbidden.