Showing posts with label licensing rules. Show all posts
Showing posts with label licensing rules. Show all posts

Wednesday, May 23, 2018

DEL seeking comments on proposed aligned licensing rules

DEL is soliciting comments on its proposed aligned licensing rules. The purpose of the proposed rules is to:
  • align foundational standards of care for early learning programs administered by family home and center child care providers while accommodating unique differences between their environments;
  • better equip early learning providers with the necessary skills and knowledge to administer programs that fully protect the health and safety of children in their care while delivering the best possible care;
  • address critical health and safety needs of children enrolled in early learning programs;
  • promote cultural diversity; and
  • meet federal requirements.

The proposed rules and small business economic impact statement are available at https://del.wa.gov/providers-educators/laws-rules-and-performance-standards/del-rules-under-development/early-start-act.

DEL will accept comments through June 27. Comments may be made online at https://del.wa.gov/PolicyProposalComment/Detail.aspx, by email to rules@del.wa.gov, or in person at one of these hearings:

June 26
6:00 – 7:30
Everett Library Auditorium
2702 Hoyt Avenue, Everett
June 26
7:00 – 8:00
Chehalis Library Meeting Room
400 N Market Blvd., Chehalis
June 27
5:00 – 7:30
Yakima Room, Greenough Conference Center
33 S. 2nd Ave., Yakima

This is the first of three rule making phases under which DEL will adopt the rules negotiated by family home, center, and Head Start/ECEAP providers, families, and DEL Licensors. The three phases are:
  1. Proposed new sections in chapter 170-300 WAC and amended WAC 170-300-0005 Definitions filed in May 2019 with a planned adoption at the end of the comment period. Final rules will be filed with a delayed effective date of Summer 2019;
  2. Proposed amendments to current WACs 170-300-0148 Gardens in outdoor early learning program space, 170-300-0235 Safe water sources, 170-300-0291 Infant and toddler safe sleep practices, 170-300-0400 Application materials, 170-300-0410 License and program location, and 170-300-0465 Retaining facility and program records expected to be filed in February 2019 with a planned effective date of Summer 2019 to coincide with the new rules adopted in Phase 1; and
  3. In 2020, amend chapter 170-300 WAC to insert weights after a weight validated study is conducted.

Tuesday, February 28, 2017

DEL Proposes New Rules: Safe Sleep, Environment and More!

DEL Rules Update | February 2017

DEL Files Proposed Rules

In January 2017, DEL circulated working drafts of safe sleep and environmental hazard rules to licensed child care providers who would be affected by the rules.  We received valuable feedback and made revisions to the draft rules.  Thank you to all who commented on the drafts!
Proposed rules have been filed with the Code Reviser and DEL is accepting comment on the proposals through March 23, 2017.  The proposed rule subjects are:
  1. Safe Sleep: Updating rule to current health and safety standards that child care centers and family home child care providers must follow to protect sleeping infants and toddlers who are in their care.  Read the proposal
  2. Lead and Other Environmental Hazards: To comply with Governor Inslee's directive to reduce children's exposure to lead and other environmental hazards, DEL proposes environmental safety requirements for child care centers and family home child care providers, including testing drinking water to detect hazardous levels of lead and copper, evaluating facilities for paint and soil hazards, and ensuring outdoor gardens are safe for children who play in them.  Read the proposal and small business economic impact statement.
  3. Child Care Subsidy Wait List:  Forecasts for Washington State's Working Connections and Seasonal Child Care subsidy programs indicate that consumer needs will likely exceed available funding in the next two years.  Wait lists will be created if that happens and the proposed rules clarify how DEL will administer the lists, including prioritization, when benefits start for a consumer who is taken off the list, withdrawal from and reinstatement to the list, and provider payment terms.  Read the proposal.
A 10:00 AM hearing is scheduled on March 23, 2017 to receive public comment on the proposals.  Hearing location:
Cascade Conference Room 130
1110 Jefferson Street [DEL State Office], Olympia, Washington

March 23 is the last day that comments will be accepted.  Attend the hearing or submit comments in writing by one of the following methods:

  1. Online: DEL Rules Comment webpage. Click “Add Comment” to give your input, or “View Comments” to read what others have said.
  2. Email the DEL Rules Coordinator
  3. Mail comments to Rules Coordinator, DEL, P O Box 40970, Olympia, WA  98504-0970.
Only input received at the hearing or written comments received on or before March 23 as noted above will become part of the official record.  DEL will respond to all comments submitted and provide a combined response to all who comment on a particular proposal.  The combined responses will also be posted on the DEL website and provided to anyone upon request. 

Thursday, February 16, 2017

Update on Licensing, Health, and Safety at DEL

(SoomaaliEspaƱol)

To the Early Learning Community,

The Department of Early Learning, which I have the honor to direct, regulates thousands of small businesses that provide childcare to 180,000 children in Washington every year. You hear a lot about “regulations crushing small businesses” and “regulations being critical to ensure safety.” Finding a balance between adequate safety and supporting childcare providers is important to getting the best outcomes for kids. 
  • We do fingerprint-based background checks on anyone who has unsupervised access to children, about 50,000 of these a year. This ensures that sex predators and people with a history of abusing or neglecting their own children don’t get to work in the industry. 
  • We make sure childcare facilities have fire safety checks, have safe playgrounds, have enough square footage to provide enough room for kids to move around, don’t have dangerous cords hanging down from window blinds, don’t have cleaning products or weapons accessible to children, etc. 
  • We make sure there are enough adults in the classroom to ensure safety. There are national standards for this kind of thing and we work hard to follow them. 
  • We ensure that facilities follow practices like safe sleep, food prep safety, good diapering practice to avoid fecal coliform infections, etc. 
  • We ensure minimum provider education levels because outcomes are much better for kids when they have a provider with a stronger educational background. 
  • We follow federally-required annual inspection schedules and incident follow-up deadlines.

Our goal is to prevent injuries and fatalities. Despite our best efforts some will occur, but many fewer than if we didn’t have rules providers have to follow.

In addition, we have a voluntary system (“Early Achievers”) that measures the quality of childcare. For taxpayer-subsidized kids we require at least a level 3 on our 5 point scale because it’s better for kids and we think taxpayers have a right to insist that they only pay for high-quality care. We pay more for higher quality care and instruction because it costs more. It’s worth it because we get better outcomes. Read more about Early Achievers here.

Like any regulator, we get complaints from the businesses that we regulate. They complain that our regulations cost too much to comply with, that our enforcement is biased against them because they are X, Y, or Z, or that we are inconsistent in our enforcement. Providers that have more than one location served by different licensors often have evidence that this is so, with different problems treated differently by different licensors. 

I try to approach problems like this analytically, so I asked for a systematic review of discipline practices across the state in my first few months. It turns out the businesses are right – we have different practices in different places, and often between different licensors inside the same office.  This isn’t OK, but it is a challenge to fix.  We have to have the regulation, but we also have to enforce it the right way. To improve the consistency and appropriateness of our licensing effort we’re doing the following: 
  1. Clarify the rules. Our rules should be readable by providers who have a high school education, our minimum educational requirement. We are in the middle of a complete re-write of what was a complex, multi-part document that had been written in pieces over decades. We’re aiming to be consistent across different types of facility – family child care homes, centers, and our state-run preschool program called ECEAP.
  2. Set clear expectations about consequences for violations. Safe sleep violations put vulnerable infants at risk of crib death. Keeping your paperwork in order so you don’t waste the licensor’s time checking everyone’s CPR training status is important, but perhaps not as much as safe sleep. We’re “weighting” the rules so our licensors and the small businesses we regulate can see how seriously violations of different rules will be treated.
  3. Training our staff. We’re planning to engage in a continuous review process on the new rules. Licensors will gather in groups to work through responses to common (and uncommon) situations that often get different responses and ensure that we’re all treating things the same way. We’ll document these cases to use as training for new licensors, and make them available to providers to see actual examples.

This isn’t an overnight project. The rules revision alone has already taken most of a year and we expect another 6-10 months of feedback, analysis and work to finalize the changes. It’s hard enough to change rules that we want to get it right. This is called the “Alignment” project, and you can read about it here.

We’re in the middle of the “weighting” process now, and are using a somewhat complicated but evidence-based approach to this to ensure that lots of stakeholders have input into the weights. Read about the weighting process here. 

Part of ensuring consistency of application of these rules is having an appeals process that makes sense. Our current process is just to have the supervisor of the original licensor review the decision. This doesn’t result in a lot of corrected actions and also doesn’t help build consistent practice. We’re moving to a new system where appeals go to a rotating group of experienced licensors who get to look at appeals monthly, without identifying information. This eliminates any implicit bias we may have about a provider and gets a single interpretation across the whole agency of the issue that’s come up. Our new process should roll out this spring. 

In addition to the formal steps we’re taking, we are investing in upgrading our software infrastructure so that licensors can track their observations on regular monitoring visits. Our new system is based on Salesforce.com and works in the cloud.  We expect it to be easier to manage as well as being a useful tool to see how peers react to concerns a particular licensor may have. 

Building a regulatory system that is too extreme can result in significant compliance costs for providers. There needs to be some rules (not having enough adults in the building is cheaper, but very, very dangerous) but having too many onerous rules can push providers out of the licensed world. Sometimes it’s hard for parents to tell the difference, but it matters. We shut down an unlicensed facility in 2016 when we discovered there were way too many infants for one provider to manage and a person living in the household who was a level one sex predator with a gun collection. You might not be able to see this from the outside, but you don’t want your kid there. 

Finding the right balance is tricky, and we depend on public input to make the determination. It’s like taxes. It always feels to a taxpayer that their taxes are too high, but the societal costs of having an inadequate education system that the taxes pay for are much more severe. The safety and outcome implications of getting the balance of childcare regulation wrong are pretty severe as well, and it’s worth being thoughtful about how we approach it. 

We’ll keep updating and engaging with you over the next year as the projects I mentioned above move forward.

Sincerely, 







Ross Hunter
Director, Washington State Department of Early Learning



Wednesday, March 14, 2012

Family home child care rules are a boost for Washington families and child care professionals

More than 170,000 Washington children from newborn through age 12 spend time in licensed child care, about 45,000 of them in family home child care settings. Many of these children spend the majority of their waking hours in care. They deserve care that is not just safe and healthy, but also gets them ready to succeed in school.

On March 31, updated family home child care licensing rules will go into effect for our state’s 5,000 family home child care providers. The updated rules support healthy, safe, nurturing care by:

  • Requiring family home providers to have a high school diploma or GED, a child development associate credential or 45 credits of child development. Existing providers have until March 31, 2017, to attain this education.
  • Limiting screen time, including video games and movies, to two hours per day.
  • Increasing playground safety to reduce injuries caused by falling from climbing equipment and swings.
  • Reflecting new federal standards around crib safety.
  • Requiring a higher level of communication between providers and parents around child development and child care philosophy.
  • Enhancing background checks for those who work or live in the home.

A recent Washington Post article about a baby’s death in a Virginia family home child care illustrates why family home child care rules are so important. Earlier this month, Dateline NBC aired an investigation about background checks for child care providers across the nation. At least 11 states, including Washington, have comprehensive background screening systems—39 states do not. The investigation went on to illustrate case after case of people with criminal backgrounds caring for children and the devastating consequences that have happened in some cases.

These reports illustrate the contrast between Washington’s rules and what other states require – or not. Some states require no criminal background checks, training (including CPR) or even basic inspections. In 2012, the National Association of Child Care Resource and Referral Agencies (NACCRRA) ranked Washington ranked second in the nation for strong, thorough family home child care licensing policies. Sixteen states scored zero points out of 150 because they do not regulate family home child care or do not inspect before licensing providers. Washington’s rules are just the basis of what children and families deserve in child care.

Washington started regulation family home child care rules in the 1960s after a fire in a family home child care killed three children. Since the 1960s, we have made great strides to ensure children’s safety in family home child care and child care center settings. In recent years, parents and child development professionals have recognized the need for child care professionals, with whom young children who attend spend the majority of their waking hours, to help prepare children for success in school and life. Our state is one of many around the nation making a push toward increased quality in child care as a key school readiness strategy. The bulk of Washington’s recent $60 million Race to the Top-Early Learning Challenge grant will support child care providers in boosting the quality of their programs through coaching, incentives and professional development. These updated rules help provide the foundation.

Family home child care providers are an integral part of the local economy, offering care for families while parents work, look for work or go to school. The revised family home child care rules are meant to support providers as small business owners. While there is—understandably—anxiety among some providers about meeting these updated rules, DEL is committed to helping them succeed. Families demand and deserve high-quality care, and we must help ensure communities can meet that demand.

The Department of Early Learning wants child care providers to succeed. Their success equals children’s success. And that is good for everyone.

Tuesday, February 21, 2012

Frequently asked questions about family home child care licensing rules available

The updated family home child care licensing rules take effect March 31, 2012. The Department of Early Learning (DEL) has been gathering questions from licensed providers and put them into a new "frequently asked questions" document that is on our website.

The family home rules are the result of an extensive, four-year negotiated rulemaking process between DEL, the SEIU 925 and others. The negotiated rulemaking team reviewed the existing family home rules, reviewed national research around child care safety and health, and made recommendations to DEL.

The rules do several things, including increasing education and training standards for providers and staff; enhancing standards around playground safety, food service, cribs, emergency preparedness, nurture and guidance, and screen time; and requiring a higher level of communication with parents around child development.

Learn more about the rules and watch the video of a December 2011 training webinar online.

Do you have questions about the updated rules? Email them to rules@del.wa.gov.

Tuesday, January 24, 2012

DEL accepting public comment on several rules

It’s a new year, which means it is time for new rules related to many areas that affect DEL, parents, child care providers and even unlicensed providers. The rules that govern how state agencies do business are called WACs (pronounced “wax”), which stands for Washington Administrative Code.


Part of the rule-making process is accepting public comments on the proposed changes. Right now, DEL is accepting public comment on several rules. People can provide comment online, in person (in some cases), by email or by postal mail. Each topic has a link to the webpage that contains more information, including how to provide input.

This list is organized by the date in which the public comment period closes.

January 31

  • Child Care Center Rules on Lice and Nits: DEL agreed to review the rule following a public petition asking DEL to remove the section of the rule that requires licensed child care centers to exclude children or staff who have lice or nits. This rule only applies to child care centers and school-age programs.
February 13
  • Public disclosure of DEL records, how the public may request records, indexes to certain public information and DEL organization rules required by law. 
  • Child care centers and school-age centers on new nonexpiring licenses: A nonexpiring license is available to current providers with a full license, and to new providers who have successfully completed the initial license period. The proposed rules describe the annual requirements for a provider to maintain a nonexpiring license.
  • Raising annual license fees for child care centers and school-age centers: DEL raised fees for family home child care providers in new WAC chapter 170-296A. The Legislature directed DEL to increase license fees for all licensed providers to deal with projected 2011-2013 state budget deficits. License fees are deposited to the state general fund and are not kept by DEL. The new fee amounts have been in effect by emergency rules filed in June and October 2011.
  • Suspected unlicensed child care and higher civil penalties (fines) that may be levied for violating child care licensing rules: The rule changes are as a result of 2011 Senate Bill 5504, and have been in effect by emergency rules filed in July and December 2011.
  • Working Connections and Seasonal Child Care programs in Washington Administrative Code (WAC) 170-290, and related changes to licensing rules for child care centers, school-age programs and family home child care. The rules are being revised to meet state and federal audit recommendations, reduce potential fraud, waste or abuse, comply with portions of 2011 Senate Bill 5921, and clarify other requirements.
March 31

  • Child care center rules: This will be the first substantial update of child care center rules since 2003. DEL is interested in suggestions that are child-centered and evidence- or research-based.
You can find the complete list of rules DEL will tackle the first half of this year on our semi-annual rule-making agenda, which we update every January and July.

Anyone who is interested in receiving information about current rules, draft rules and notices of rule changes, can sign up:

Rules Coordinator
Washington State Department of Early Learning
P.O. Box 40970
Olympia, WA 98504-0970

Tuesday, November 15, 2011

New family home child care rules will improve safety, outcomes for children

On November 14, DEL filed revised rules for family home child care providers. The revisions focus on health, safety and positive outcomes for children.

What are rules for family home child care providers?
DEL is responsible for providing rules for all licensed child care providers to follow, which are found in Washington Administrative Code (WAC). Child care centers and family home child care providers are subject to different rules. The family home child care rules have not changed significantly since 2004; the changes we filed yesterday are the first major update to the rules since licensing oversight became DEL's responsibility. The new rules will take effect in March 2012.

What does this mean for parents and children?
  • Providers are required to communicate more information about the their child care philosophy and about each child's development.
  • Enhanced safety standards for playgrounds, food service, cribs, emergency preparedness, screen time, and nurture and guidance.
What does this mean for family home child care providers?
  • A streamlined background check process, through nonexpiring licenses and portable background checks.
  • All children ages 13 to 16 who live in the home are subject to noncriminal background checks, as are volunteers or assistants ages 14 to 16 who work in the family child care home.
  • Providers and their staff will be required to meet increased education and training standards. The new rules require, at a minimum, a high school education or equivalent. Current licensed providers have until March 31, 2017 to meet the minimum education requirement.
  • DEL licensors will work with providers in the coming months to make sure they understand the new rules.
How did DEL decide on the rule changes?
DEL formed a group called the negotiated rule-making team that was tasked with developing the rule changes. The team was made up DEL staff, family home child care providers, the family home providers union, and other early learning professionals. Starting in 2007, the team collaboarated with providers, legislators, parents and early learning professionals to develop research-based draft rules. DEL presented the draft rules at eight public meetings around the state on evenings and weekends in Spring 2011. As required by state law, DEL also shared the draft rules with Service Employees International Union 925, the union that represents family home child care providers.

Read the final rules.

Watch DEL Director Bette Hyde discuss new rules: goo.gl/7OayM

More information about the rules is available on our website: www.del.wa.gov/laws/development/negotiated.aspx