Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 162 - DIVISION OF LICENSING AND REGULATION › Chapter 008 - EARLY CHILDHOOD PROGRAM LICENSING REGULATIONS › Section 13 162 008 - EARLY CHILDHOOD PROGRAM LICENSING REGULATIONS

Current through June, 2024
Definitions
AIDE- A volunteer or unpaid aide present in the early
				  childhood program.
CHILD- Person who has not yet reached the age of sixteen
				  years.
COMMISSIONER- Commissioner of the Department of Social and
				  Rehabilitation Services or his/her designee.
CONDITIONS OF THE LICENSE- Requirements that must be met in
				  order to retain a license.
CONFIDENTIALITY- The protection of personal information from
				  persons who are not authorized to see or hear it.
CORPORAL PUNISHMENT- The intentional infliction of pain by
				  any means for the purpose of punishment, correction, discipline, instruction or
				  any other reason.
CURRICULUM- A set of activities and experiences consistent
				  with the developmental needs of young children.
DEPARTMENT- The Vermont Department of Social and
				  Rehabilitation Services, Agency of Human Services and/or its agents.
DEVELOPMENTALLY APPROPRIATE- Activities and interactions that
				  recognize and address the physical, emotional, social, and cognitive stages of
				  each child.
DIRECT SUPERVISION - Constant visual supervision, in the same
				  room or outdoor play area, of a trainee, volunteer or person 16 and 17 years of
				  age who assist in the program.
DISCIPLINE- A process of guiding children to develop internal
				  pro-social behavior through supportive consistent use of the following:
				  modeling appropriate behavior; praise, active listening, limit setting,
				  reinvolvement and modifying the environment.
DIVISION- The Child Care Services Division of the Vermont
				  Department of Social and Rehabilitation Services.
EARLY CHILDHOOD FACILITY- Any place, operated as a business
				  or service on a regular or continuous basis whether for compensation or not,
				  which provides early care and education. Used interchangeably with the term
				  Early Childhood Program (ECP).
EARLY CHILDHOOD LICENSING REGULATIONS: Regulations pursuant
				  to
				  33 V.S.A §
										306(b) and
				  3502(d).
EARLY CHILDHOOD PROGRAM (ECP)- The developmentally
				  appropriate care, education, protection and supervision which is designed to
				  ensure wholesome growth and educational experiences for children outside of
				  their home for periods of less than 24 hours a day. Preschool programs
				  sponsored by public and private schools are also early childhood
				  programs.
EARLY CHILDHOOD PROGRAM ASSESSMENT TEAM - A group of parents
				  and representatives from early childhood programs and community support
				  agencies who are brought together for the purpose of assessing and improving
				  program quality.
GROUP- The number of children who meet together regularly and
				  can be identified with one another as being distinct from the larger population
				  of children present and are assigned to a specific staff person or team of
				  staff members.
HIGHER EDUCATION COURSE- A three credit course or equivalent
				  which could apply toward acquiring a post secondary degree in Early Childhood
				  Education, Elementary Education, Human Development or other related
				  field.
HUMAN SERVICES COOP STUDENT- A person 17 years of age who is
				  (1) enrolled in a technical center approved by the State Board of Education,
				  (2) has successfully completed at least one semester of early childhood course
				  work or a minimum of 180 hours in a child development theory and lab school
				  practice.
HUMAN SERVICES GRADUATE - A person who has received a
				  certificate of completion from a technical center human services program,
				  emphasizing child development/early childhood education and is approved by the
				  State Board of Education.
INDIVIDUAL PROFESSIONAL DEVELOPMENT PLAN (IPDP) - A
				  personalized plan for increasing one's knowledge and improving skills by
				  assessing current knowledge and skills, identifying specific areas for
				  improvement, developing strategies and resources to address those areas and
				  providing opportunities to reflect and demonstrate personal growth.
KINDERGARTEN- A one-year educational program adapted for the
				  needs of children who will attend first grade the following year.
LICENSE- An official document which certifies that a licensee
				  has been granted permission by the State to operate an early childhood program
				  in accordance with the provisions of the law and regulations of the
				  department.
LICENSED SPACE- The indoor and outdoor space approved by the
				  Division as usable space where children may be present.
LICENSEE- The person, corporation or other legal entity named
				  on the license certificate as having received the license and who is
				  responsible for maintaining compliance with the regulations.
NON-RECURRING SERVICES- Early childhood programs designed to
				  meet the short-term needs of families arising from tourism, recreation or
				  shopping.
PARENT - A child's parent or legal guardian.
PARENT EDUCATION PROGRAM - A program which provides an
				  intentional level of training and supervision for parents in order for them to
				  actively assist in the implementation of an early childhood program.
PARENTAL NOTIFICATION LETTERS - A written notification from
				  the licensee to the parent(s), sent by mail, as required by
				  33 V.S.A. §
										306(7) indicating that a
				  staffing or serious health or safety violation had been identified by the
				  Division.
PLAY GROUP- An educational and socialization opportunity for
				  children and their parents (or caregivers). Playgroups are exempt from
				  licensure.
PRIMARY STAFF PERSON - The staff person responsible for
				  facilitating and nurturing a child's cognitive, social, emotional and physical
				  growth and development and the person responsible for communicating the child's
				  daily activities to the child's parent.
PROFESSIONAL DEVELOPMENT ACTIVITY- Interactive developmental
				  activities in the areas of: child development, learning environments, effective
				  teaching and nurturing, parent partnership, ethics and professional behavior,
				  program management, child health, prevention and safety. These activities
				  include but are not limited to workshop training sessions, course work, site
				  visit to other programs, a mentoring session, lecture/presentation, or acting
				  as a member of an Early Childhood Program Assessment Team assessing compliance
				  to these regulations.
PROGRAM DIRECTOR- The person responsible for managing the
				  program design and curriculum.
PROVISIONAL LICENSE- A non-renewable license issued by the
				  department for a period of not more than one year to an applicant who has
				  submitted an application for the licensure of a facility not previously
				  licensed. A provisional license may be issued if the Department finds that an
				  applicant's facility, staff, program, or other matter is not in full compliance
				  with these regulations, but is likely to achieve full compliance within a
				  pre-determined time period set by the Division, not to exceed one year.
RECREATION PROGRAMS - Programs exempt from licensure pursuant
				  to
				  33
				  V.S.A. §
										3502(b) that
				  operate for no more than four hours one day a week or not more than two hours
				  two days a week whose primary function is other than the care, supervision and
				  protection of children; or operate 13 consecutive weeks or less which provide a
				  variety of activities including, but not limited to athletics, and arts and
				  crafts to children who have completed kindergarten or who will reach their
				  sixth birthday by September 1st of the enrollment year; or operate part day
				  programs less than four hours per day and thirteen weeks or less per year
				  providing a variety of activities including but not limited to athletics, arts
				  or crafts and socialization to children age three, four and five; or programs
				  which provide for the development of a single skill based on activity such as
				  skiing, pottery making, computer operation, tennis or musicianship for children
				  ages four years and older.
REGISTERED CHILD CARE APPRENTICE - A child care employee who
				  is formally registered with the Vermont Department of Employment and Training
				  and Vermont Apprenticeship Program. The 4000 hour on-the-job work experience
				  includes 6 college courses. The apprentice works in an Accredited child care
				  program that chooses to sponsor the apprenticeship program.
REVOCATION- The formal act of removing a license to operate
				  an Early Childhood Program or facility due to violations of these regulations
				  or related statute. (A facility may continue to operate during a revocation
				  action pending an appeal to the Human Services Board.)
SERIOUS VIOLATION- A violation of group size, staffing
				  requirements or series of violations which immediately imperils the health,
				  safety or well-being of children. Serious violations may also include corporal
				  punishment, lack of supervision, physical or sexual abuse or health and safety
				  requirements.
STAFF- Persons who have direct responsibilities for the
				  operation of the program or the care and education of children.
SPECIAL NEEDS CHILD- A person under the age of nineteen (19)
				  who is eligible for special education services in accordance with an
				  Individualized Education Plan (IEP) or 504 Plan and who is not capable of
				  safely caring for him/herself; or (b) A person who is age 13 or older who has a
				  documented physical, emotional, or behavioral condition that precludes the
				  person from providing self-care or being left unsupervised, as verified by the
				  written report of a physician, licensed psychologist, or court records.
SUPERVISION OF CHILDREN- The knowledge of and accounting for
				  the activity and whereabouts of each child in care and the proximity of staff
				  to children at all times assuring immediate intervention of staff to safeguard
				  a child from harm.
SUSPENSION- The formal act of immediately removing a license
				  to operate due to the immediate imperilment of the health, safety or well being
				  of a child.
TERMS OF THE LICENSE - The location, number and ages of
				  children, hours and days of operation and expiration date listed on the license
				  certificate issued by the Department or by subsequent Departmental
				  action.
USEABLE SPACE- The space described by the application, which
				  has been inspected and approved by the Division. All other space is not useable
				  space.
VARIANCE- An exception to a regulation granted by the
				  Commissioner in circumstances when, in his/her judgment, the literal
				  application of a regulation would result in unnecessary hardship and when the
				  intent of the regulation can be achieved by other means.
VERMONT FRAMEWORK OF STANDARDS AND LEARNING OPPORTUNITIES -
				  Standards developed by the Vermont Department of Education to provide
				  practical, useful reference points for the development of local curriculum and
				  assessment. The Standards identify (1) essential knowledge and skills that the
				  Vermont Department of Education expect to be taught and learned in schools and
				  (2) behaviors and attitudes related to success in and out of schools.
Section I PROGRAM DESIGN AND CURRICULUM
Knowledge about how children learn is the foundation of
				  program design and curriculum. A program's curriculum is developmentally
				  appropriate when it stimulates learning at both the developmental level of the
				  group and the stage of development of each individual child. Children should
				  select and participate in activities that are both challenging and geared for
				  success. Learning programs should be designed to provide a balance between
				  individual and group needs, between teacher-directed and child-selected
				  activities, and between active and quiet times. Program activities should
				  include experiences designed to celebrate the diversity of all children and
				  families.
A. The Learning Environment
1. The program director shall manage the
				program design and curriculum to ensure the provision of developmentally
				appropriate activities and materials.
2. The program and curriculum * shall provide
				developmentally appropriate activities, equipment and materials in sufficient
				quantity and variety to meet the needs and interests of children being served.
The curriculum * shall promote:
a. social skills (for example: opportunities
				for sharing, caring and helping);
b. positive self-concepts (for example:
				encouraging children to draw pictures and tell stories about themselves and
				their families);
c. language and
				literacy (for example: reading books, songs, conversation, story telling,
				scribbling and drawing);
d.
				physical development in both indoor and outdoor settings, strengthening large
				and small muscles and encouraging eye-hand coordination, body awareness,
				rhythm, and movement (for example: finger plays, obstacle courses and
				puzzles);
e. sound health, safety
				and nutritional practices in the daily routine (for example: handwashing and
				giving opportunities to help prepare and serve food); and
f. creative expression and appreciation for
				the arts (for example: creating art work as process rather than product, dance,
				movement, dramatic play, music and materials that represent a variety of
				cultures).
3. The
				program and curriculum * shall provide:
a.
				individual, small group and large group activities;
b. children with many opportunities for
				success through open-ended activities (for example: blocks, play dough and
				sand/ water) and praising effort, not just results;
c. an environment of respect for individual
				and cultural diversity (for example: acknowledging and respecting each child's
				unique qualities and integrating positive cultural experiences into daily
				activities); and
d. opportunities
				for children to solve problems, initiate activities, experiment and gain
				mastery through learning by doing.
* This may be linked to the Vermont Framework of Standards
				  and Learning Opportunities.
4. Children shall be provided with
				opportunities to explore science, dramatic play, music, language arts and
				mathematical concepts.
5. There
				shall be a balance between staff-directed and child-initiated activities. Staff
				voices shall not dominate the overall sound of the group.
6. Infants and toddlers shall have ample
				opportunities to move about freely in a safe area. When infant chairs,
				infant/toddler swings, high chairs or playpens are used for supervised play
				their usage shall not exceed a 1/2 hour period for every 3 hour interval.
Note: Considerations for computer use in early childhood
				  programs:
-- Select programs which are developmentally appropriate,
				  instructional and within the child's ability.
-- Develop clear and simple rules on the use of the computer,
				  sharing and time limits.
-- Instruct children in basic use of computer including start
				  up, shut down and running programs.
-- Provide a stable workstation that won't tip over.
-- Place computer and all electrical equipment near a power
				  source to limit extension cord use, but away from any water source.
-- Bundle cords together so as to minimize hazards.
-- Place monitor at eye level of users. Keyboard and mouse
				  should be easily reachable by children.
7. If television/video viewing occurs it
				shall not exceed 5 hours per week and shall be:
a. in the presence of staff;
b. educational;
c. designed for children; and
d. Age-appropriate alternatives shall be
				available when television/video viewing occurs.
8. Outdoor play equipment shall be available
				and appropriate for the number and ages of the children.