Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 790 - CHILD CARE PROGRAM › Part III - Subsidy Program Vendor Requirements for Child Day Centers › Section 8VAC20-790-490 - Definitions; subsidy program requirements for child day center vendors

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this part shall
					 have the following meanings unless the context clearly indicates
					 otherwise:
"Accessible" means capable of being entered, reached, or
					 used.
"Adult" means any individual 18 years of age or
					 older.
"Age and stage appropriate" means the curriculum,
					 environment, equipment, and adult-child interactions are suitable for the ages
					 of the children within a group and the individual needs of any child.
"Age groups":
1. "Infant" means a child from birth to 16 months.
2. "Toddler" means a child from 16 months up to two
					 years.
3. "Preschool" means a child from two years up to the age
					 of eligibility to attend public school, five years by September 30.
4. "School age" means a child eligible to attend public
					 school, age five or older by September 30 of that same year. Four-year-old or
					 five-year-old children included in a group of school children may be considered
					 school age during the summer months if the children will be entering
					 kindergarten that year.
"Attendance" means the actual presence of an enrolled
					 child.
"Body fluids" means urine, feces, vomit, saliva, blood,
					 nasal discharge, eye discharge, and injury or tissue discharge.
"Center" means a child day center.
"Child" means any individual less than 18 years of
					 age.
"Child day center" means a child day program offered to (i)
					 two or more children less than 13 years of age in a facility that is not the
					 residence of the provider or of any of the children in care or (ii) 13 or more
					 children at any location.
"Child experiencing homelessness" means a child who lacks a
					 fixed, regular, and adequate nighttime residence and includes:
1. A child who is living in a car, park, public space,
					 abandoned building, substandard housing, bus or train station, or similar
					 settings;
2. A child who is sharing the housing of other persons due
					 to loss of housing, economic hardship, or a similar reason (sometimes referred
					 to as "doubled-up");
3. A child who is living in a motel, hotel, trailer park,
					 or camping grounds due to lack of alternative adequate accommodations;
4. A child who is living in congregate, temporary,
					 emergency, or transitional shelters;
5. A child who is abandoned in a hospital;
6. A child who is living in a primary nighttime residence
					 that is a public or private place not designed for, or ordinarily used as, a
					 regular sleeping accommodation for human beings; and
7. A child who is a migratory child as defined in §
					 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10
					 (20
					 USC §
											6399) who qualifies as homeless
					 because he is living in circumstances described in clauses (i) through (iii) of
					 42
					 U.S.C. §
											11434a(2)(B).
"Child with special needs or disability" means (i) a child
					 with a disability as defined in § 602 of the Individuals with Disabilities
					 Education Act (20 USC §
											1401);
					 (ii) a child who is eligible for early intervention services under Part C of
					 the Individuals with Disabilities Education Act (20 USC §
											1431 et seq.); (iii) a child who is less than
					 13 years of age and who is eligible for services under § 504 of the
					 Rehabilitation Act of 1973 (29 USC §
											794); and (iv) a child with a documented
					 developmental disability, intellectual disability, emotional disturbance,
					 sensory or motor impairment, or significant chronic illness who requires
					 special health surveillance or specialized programs, interventions,
					 technologies, or facilities.
"Cleaned" means treated in such a way as to remove dirt and
					 debris by scrubbing and washing with soap and water or detergent solution and
					 rinsing with water or the use of an abrasive cleaner on inanimate
					 surfaces.
"Communicable disease" means a disease caused by a
					 microorganism (bacterium, virus, fungus, or parasite) that can be transmitted
					 from person to person via an infected body fluid or respiratory spray, with or
					 without an intermediary agent (such as a louse or mosquito) or environmental
					 object (such as a table surface). Some communicable diseases are reportable to
					 the local health authority.
"Department" means the Virginia Department of
					 Education.
"Department representative" means an employee or designee
					 of the Virginia Department of Education, acting as the authorized agent of the
					 Superintendent of Public Instruction.
"Evacuation" means movement of occupants out of the
					 building to a safe area near the building.
"Evening care" means care provided after 7 p.m. but not
					 through the night.
"Group size" means the number of children assigned to a
					 staff member or team of staff members occupying an individual room or
					 area.
"Inaccessible" means not capable of being entered, reached,
					 or used.
"Lockdown" means a situation where children are isolated
					 from a security threat and access within and to the center is
					 restricted.
"Overnight care" means care provided after 7 p.m. and
					 through the night.
"Over-the-counter or nonprescription medication" means
					 medication that can be purchased without a written prescription. This includes
					 herbal remedies and vitamins and mineral supplements.
"Parent" means a parent by blood, marriage, or adoption and
					 also means a legal guardian or other person standing in loco parentis.
"Sanitized" means treated in such a way as to remove
					 bacteria and viruses from inanimate surfaces through first cleaning and
					 secondly using a solution of one tablespoon of bleach mixed with one gallon of
					 water and prepared fresh daily or using a sanitizing solution approved by the
					 U.S. Environmental Protection Agency. The surface of the item is sprayed or
					 dipped into the sanitizing solution and then allowed to air dry for a minimum
					 of two minutes or according to the sanitizing solution instructions.
"Serious injury" means a wound or other specific damage to
					 the body, such as unconsciousness; broken bones; dislocation; a deep cut
					 requiring stitches; poisoning; concussion; or a foreign object lodged in eye,
					 nose, ear, or other body orifice.
"Shaken baby syndrome" or "abusive head trauma" means a
					 traumatic injury that has been inflicted upon the brain of an infant or young
					 child. The injury can occur during violent shaking causing the child's head to
					 whip back and forth, the brain to move about, and blood vessels in the skull to
					 stretch and tear.
"Shelter-in-place" means movement of occupants of the
					 building to designated protected spaces within the building.
"Staff" means administrative, activity, and service
					 personnel, including the vendor when the vendor is an individual who works in
					 the center, any persons counted in the staff-to-children ratios, or any persons
					 working with a child without sight and sound supervision of a staff
					 member.
"Vendor" means a legally operating child care provider who
					 is approved by the department to participate in the Child Care Subsidy Program.
					 Multiple facilities or sites operated by the same person, entity, or
					 organization are considered separate vendors.
"Vendor agreement" means the agreement between the
					 department and a vendor that must be entered into and signed by all vendors
					 before child care payments paid to the vendor under the Child Care Subsidy
					 Program can be authorized.
"Volunteer" means a person who works at the center
					 and:
1. Is not paid for services provided to the center;
2. Is not counted in the staff-to-children ratios;
					 and
3. Is in sight and sound supervision of a staff member when
					 working with a child.
Any unpaid person not meeting this definition shall be
					 considered "staff" and shall meet staff requirements.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.