Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-301 - Foundational quality standards for school-age programs › Sec2 I - INTENT AND AUTHORITY › Section 110-301-0005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Accessible to children"
means items, areas, or
				  materials of a school-age program that a child can reasonably reach, enter,
				  use, or get to on their own.
"Accommodations"
means program activities,
				  spaces, and materials that have been adapted to help children and adults with
				  special needs function within their surroundings.
"Active supervision"
or
"actively
				  supervise"
means a heightened standard of care beyond supervision. This
				  standard requires a school-age provider to see and hear the children they are
				  responsible for during higher risk activities. The provider must be able to
				  prevent or instantly respond to unsafe or harmful events.
"ADA"
refers to the Americans with Disabilities
				  Act.
"Aide"
is a person who offers support to the
				  school-age program staff.
"Allergy"
or
"allergies"
refers to
				  an overreaction of the immune system to a substance that is harmless to most
				  people. During an allergic reaction, the body's immune system treats the
				  substance or "allergen" as an invader. The body overreacts by releasing
				  chemicals that may cause symptoms ranging from mildly annoying to life
				  threatening. Common allergens include certain foods (milk, eggs, fish,
				  shellfish, common tree nuts, peanuts, wheat, and soybeans), pollen, mold, or
				  medication.
"Annual"
or
"annually"
means an
				  event that occurs each calendar year, not to exceed three hundred sixty-five
				  days between occurrences.
"Applicant"
means an individual who has made a
				  formal request for a child care license, certification, exemption, or portable
				  background check.
"Appropriate"
when used to refer to program or
				  educational materials means that the materials will interest and challenge
				  children in terms of their ages and abilities.
"Appropriately"
means correct or properly suited
				  for a particular situation.
"Assistant teacher"
is a person whose work is to
				  assist a lead teacher, site director, or program director in providing
				  instructional supports to children and implementing a developmentally
				  appropriate program. The assistant teacher must carry out assigned tasks under
				  the supervision of a lead teacher, site director, or program director.
"ASTM"
refers to the American Society for
				  Testing and Materials.
"Bathroom"
means a room containing a built-in,
				  flushtype toilet.
"Bias"
means a tendency to believe that some
				  people or ideas are better than others that usually results in treating some
				  people unfairly.
"Body of water"
or
"bodies of
				  water"
is a natural area or human-made area or device that contains or
				  holds a depth of more than two inches of water. Examples include swimming
				  pools, ditches, canals, fish ponds, water retention areas, excavations, and
				  quarries.
"CACFP"
means the Child and Adult Care Food
				  Program established by Congress and funded by the United States Department of
				  Agriculture (USDA).
"Cannabis"
(also known as "marijuana") refers to
				  all parts of the cannabis plant, whether growing or not, the seeds thereof, the
				  resin or concentrate extracted from any part of the plant and every compound,
				  manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
				  or resin.
"Capacity"
means the maximum number of children
				  a school-age program is authorized by the department to have in care at any
				  given time. This includes any children on-site at the school-age program and
				  any children in transit to or from the program or other activities such as
				  field trips while the children are signed in to the care of the program.
"Certificate of exemption (COE)"
means a form
				  that is approved by the DOH and consistent with the requirements of WAC
				  246-105-050,
				  or an immunization form produced by the state immunization information
				  system.
"Certificate of immunization status (child)"
means a form that is approved by the DOH and consistent with the requirements
				  of WAC
				  246-105-050,
				  or an immunization form produced by the state immunization information
				  system.
"Certification"
means, as applied to the
				  licensing process, department approval of a person, home, or facility that is
				  exempt from licensing but requests evidence that the program meets these
				  foundational licensing standards.
"Child"
means an individual who is five years of
				  age through twelve years of age and is attending a public or private school or
				  is receiving home-based instruction under chapter 28A.200 RCW.
"Child abuse"
or
"neglect"
means
				  the physical abuse, sexual abuse, sexual exploitation, abandonment, negligent
				  treatment or maltreatment of a child by any person as defined in
				  RCW
				    26.44.020.
"Child care"
refers to supervision of children
				  outside the child's home for periods of less than twenty-four hours a
				  day.
"Chromated copper arsenate"
or
"CCA"
is a wood preservative and insecticide that contains roughly
				  twenty-two percent arsenic, a known carcinogen. The United States restricted
				  the use of CCA on residential lumber in 2003, but it can still be found on
				  older decks and playground equipment. Information about the health hazards of
				  arsenic can be found on the DOH's website.
"Clean"
or
"cleaning"
means to
				  remove dirt and debris from a surface by scrubbing and washing with a detergent
				  solution and rinsing with water. This process must be accomplished before
				  sanitizing or disinfecting a surface.
"Confidential"
means the protection of personal
				  information, such as the child's records, from individuals who are not
				  authorized to see or hear the information.
"Consistent care"
means providing steady
				  opportunities for children to build emotionally secure relationships by
				  primarily interacting with a limited number of school-age program staff.
"Contagious disease"
means an illness caused by
				  an infectious agent of public health concern which can be transmitted from one
				  person, animal, or object to another person by direct or indirect means
				  including transmission through an intermediate host or vector, food, water, or
				  air. Contagious diseases pertinent to this chapter are described in WAC
				  246110-010.
"Continuous"
means without interruptions, gaps,
				  or stopping.
"Core competencies"
are standards required by
				  the department that detail what a school-age provider needs to know and is able
				  to do to provide quality care and education for children and their
				  families.
"CPSC"
means the United States Consumer Product
				  Safety Commission.
"Cultural"
or
"culturally"
means in
				  a way that relates to the ideas, customs, and social behavior of different
				  societies.
"Department of children, youth, and families,"
				  "DCYF,"
or
"the department"
refers to the Washington state
				  department of children, youth, and families.
"Developmentally appropriate"
means:
(a) A school-age provider interacts with each child in a way
				  that recognizes and respects the child's chronological and developmental
				  age;
(b) Knowledge about how children grow and learn;
(c) Reflects the developmental level of the individual child;
				  and
(d) Interactions and activities are planned with the
				  developmental needs of the individual child in mind.
"Disability"
or
"disabilities"
has
				  the same meaning in this chapter as in
				  RCW
				    49.60.040(7), the Washington
				  law against discrimination.
"Disaster"
means a sudden event, such as an
				  accident or natural catastrophe, that causes great damage or loss of
				  life.
"Discipline"
means a method used to redirect a
				  child in order to achieve a desired behavior.
"Disinfect"
means to eliminate virtually all
				  germs from an inanimate surface by the process of cleaning and rinsing,
				  followed by:
(a) The application of a fragrance-free chlorine bleach and
				  water solution following the DOH's current guidelines for mixing bleach
				  solutions for child care and similar environments; or
(b) The application of other disinfectant products registered
				  with the EPA, if used strictly according to the manufacturer's label
				  instructions including, but not limited to, quantity, time the product must be
				  left in place, adequate time to allow the product to dry or rinsing if
				  applicable, and appropriateness for use on the surface to be disinfected. Any
				  disinfectant used on food contact surfaces or toys must be labeled "safe for
				  food contact surfaces."
"Disinfectant"
means a chemical or physical
				  process that kills bacteria and viruses.
"DOD"
means the United States Department of
				  Defense.
"DOH"
refers to the Washington state department
				  of health.
"Drinking water"
or
"potable water"
is water suitable for drinking by the public as determined by the DOH or a
				  local health jurisdiction.
"Dual language learners"
refers to children who
				  are learning two or more languages at the same time. This term includes
				  children who learn two or more languages from birth, and children who are still
				  mastering their home language when they are introduced to and start learning a
				  second language. (Source: The
Washington State Early Learning and
				  Development Guidelines.)
"Electronic record"
means a record generated,
				  communicated, received or stored by electronic means for use in an information
				  system or for transmission from one information system to another.
"Electronic signature"
means a signature in
				  electronic form attached to or logically associated with an electronic record
				  including, but not limited to, a digital signature. An electronic signature is
				  a paperless way to sign a document using an electronic sound, symbol, or
				  process, attached to or logically associated with a record, and executed or
				  adopted by a person with the intent to sign the record.
"Electronic workforce registry"
refers to the
				  Washington state department of children, youth, and families' current database
				  of professional records of individual school-age providers.
"Emergency preparedness"
means a continuous
				  cycle of planning, organizing, training, equipping, exercising, evaluating, and
				  taking corrective action in an effort to ensure effective coordination in case
				  of emergencies or during incident response.
"Enforcement action"
means denial, suspension,
				  revocation, modification, or nonrenewal of a license pursuant to
				  RCW
				    43.216.325. A school-age provider may contest
				  enforcement actions and seek an adjudicative proceeding pursuant to chapter
				  110-03 WAC.
"EPA"
means the United States Environmental
				  Protection Agency.
"Equivalent"
when referring to staff
				  qualifications means an individual is allowed to meet the requirements of this
				  chapter through a department recognized alternative credential, or
				  demonstration of competency, that indicates similar knowledge as the named
				  credential.
"Exempt"
or
"exemption"
means, as
				  applied to immunizations, a type of immunization status where a child has not
				  been fully immunized against one or more vaccine preventable diseases required
				  by chapter 246-105 WAC for full immunization due to medical, religious,
				  philosophical or personal reasons. Under chapter 362, Laws of 2019, if a child
				  plans on attending or is attending a school-age program, a philosophical or
				  personal objection may not be used to exempt a child from the measles, mumps,
				  and rubella vaccine.
"Expel"
or
"expulsion"
means to end
				  a child's enrollment in a school-age program. A school-age provider will end a
				  child's enrollment if the provider is unable to meet a child's needs due to the
				  child's challenging behavior.
"Facility Licensing Compliance Agreement (FLCA)"
means an agreement issued by the department in lieu of the department taking
				  enforcement action against a school-age provider.
"FDA"
means the United States Food and Drug
				  Administration.
"Food worker card"
means a food and beverage
				  service worker's permit as required under chapter 69.06 RCW.
"Foundational quality standards"
refers to the
				  administrative and regulatory requirements contained within this chapter. These
				  standards are designed to promote the development, health, and safety of
				  children enrolled in a schoolage program. The department uses these standards
				  to equitably serve children, families, and school-age providers throughout
				  Washington state.
"Good repair"
means about eighty percent of
				  materials and components are unbroken, have all their pieces, and can be used
				  by children as intended by the manufacturer or builder.
"Health care provider"
means a person who is
				  licensed, certified, registered, or otherwise authorized by the law of
				  Washington state to provide health care in the ordinary course of business or
				  practice of a profession.
"Immunization"
is the process of administering a
				  vaccine to make a person immune or resistant to an infectious disease.
"Inaccessible to children"
means a method to
				  prevent a child from reaching, entering, using, or getting to items, areas, or
				  materials of a school-age program.
"Inactive"
when used by the department to
				  indicate a licensing status, means a school-age provider who has requested and
				  has been approved to temporarily cease caring for children and close their
				  school-age program.
"Individual care plan"
means a specific plan to
				  meet the individual needs of a child with a food allergy, special dietary
				  requirement due to a health condition, other special needs, or
				  circumstances.
"In-service training"
means professional
				  development requirements for continuing education delivered or approved by the
				  department to maintain staff standards and qualifications while employed as a
				  school-age provider.
"Inspection report"
refers to a written or
				  digital record developed by the department that identifies violations of
				  licensing standards.
"Internal review process"
has the same meaning
				  in this chapter as in
				  RCW
				    43.216.395.
"Lead teacher"
means a school-age provider who
				  works as the lead staff person in charge of a child or group of children and
				  implements activity programs.
"License"
means a permit issued by the
				  department legally authorizing an applicant to operate a school-age
				  program.
"Licensed space"
means the indoor and outdoor
				  space on the premises approved by the department for the purpose of providing
				  licensed child care in a school-age program.
"Licensee"
means an individual or legal entity
				  listed on a license issued by the department, authorized to provide child care
				  in a school-age program.
"Lockdown"
means restricted to an interior room
				  with few or no windows while the facility or building is secured from a
				  threat.
"Locking mechanism"
means a lock that requires a
				  key, tumbler, dial, passcode, touchpad, or similar device or method to lock and
				  unlock.
"Modification"
when used in reference to a
				  school-age provider's licensing status, means an enforcement action by the
				  department to change the conditions identified on a licensee's current
				  license.
"Nonexpiring license"
means a license that is
				  issued to a school-age provider following the initial licensing period,
				  pursuant to chapter 43.216 RCW.
"Operating hours"
means the hours listed in a
				  schoolage program parent handbook when the program is open and providing care
				  and services to children.
"OSPI"
means the Washington state office of
				  superintendent of public instruction.
"Parent"
or
"guardian"
means birth
				  parent, custodial parent, foster parent, legal guardian or those authorized by
				  the parent or entity legally responsible for the welfare of the child.
"Peer interaction"
refers to relationships
				  children have with one another, which includes how children play together,
				  communicate, and whether they fight or get along.
"Personal needs"
means a school-age provider's
				  toileting or medication needs. Personal needs do not include smoking or use of
				  tobacco products, illegal drug use or misuse or prescription drugs, conducting
				  business or related activities, sleeping or napping, screen time, or leaving
				  children in care unattended.
"Pest"
means an animal, plant, or insect that
				  has a harmful effect on humans, food, or living conditions.
"Pesticide"
refers to chemicals used to kill
				  pests.
"Pet"
means a domestic or tamed animal or bird
				  kept for companionship or pleasure.
"Physical barrier"
means a nonclimbable fence or
				  a wall that is at least five feet tall and has no openings greater than two
				  inches or a gate or door that allows entry to and exit from a body of water and
				  has the following requirements in addition to those already listed: A locking
				  mechanism, a selfclosing or self-latching device, and a device used to open the
				  locks which is inaccessible to children but readily available to staff.
"Physical restraint"
means holding a child as
				  gently as possible for the minimum amount of time necessary to control a
				  situation where that child's safety or the safety of others is
				  threatened.
"Poison"
includes, but is not limited to,
				  substances, chemicals, chemical compounds (other than naturally occurring
				  compounds such as water or salt), or similar items that, even in small
				  quantities, are likely to cause injury or illness if it is swallowed or comes
				  into contact with a child's skin, eyes, mouth, or mucus membranes.
"Premises"
means the licensed and unlicensed
				  space at the licensed address including, but not limited to, buildings, land,
				  and residences.
"Preservice training"
means professional
				  development standards or requirements for school-age program staff prior to
				  hiring or within a department specified time frame and delivered or approved by
				  the department.
"Private septic system"
means a septic system as
				  defined in chapter 246-272A WAC that is not connected to a public sewer system
				  or a large on-site sewage system as defined in chapter 246-272B WAC. A private
				  septic system includes, but is not limited to, the septic system's drain field
				  and tanks.
"Probationary license"
has the same meaning as
				  in
				  RCW
				    43.216.010(23).
"Professional development support plan"
is a
				  formal means by which an individual who is supervising staff sets out the
				  goals, strategies, and outcomes of learning and training.
"Program director"
means the person responsible
				  for the overall management of a school-age program including the facility and
				  operation. The program director is not responsible for being on-site at the
				  program, unless the program director is filling in for an on-site role.
"Program philosophy"
means a written statement
				  of principles developed by a school-age provider to form the basis of the
				  program's activities in relation to a child's development.
"RCW"
means the Revised Code of
				  Washington.
"Readily available"
means able to be used or
				  obtained quickly and easily.
"Revocation"
or
"revoke"
when used
				  in reference to a school-age provider's licensing status, means an enforcement
				  action by the department to close a school-age program and permanently remove
				  the license.
"Routine care"
means typical or usual care
				  provided to a child during the time the child is enrolled in the school-age
				  program (for example: Feeding, toileting, playing, and learning).
"Safe route"
means a way or course taken to get
				  from a starting point to a destination that is protected from danger or
				  risk.
"Safety plan"
means a written plan to implement
				  program changes to bring a school-age program into compliance with this chapter
				  and chapter 43.216 RCW.
Safety plans are developed at meetings involving at least a
				  school-age provider and a department licensor and supervisor. Safety plans
				  detail changes the provider needs to make to mitigate the risk of direct and
				  indirect harm to children enrolled in the school-age program. Program changes
				  must be agreed to in writing and signed by all participants at the
				  meeting.
Safety plans expire thirty calendar days after being signed
				  by all parties. Safety plans may only be extended for an additional thirty days
				  and extensions may only be authorized by a department supervisor.
"Sanitize"
means to reduce the number of
				  microorganisms on a surface by the process of:
(a) Cleaning and rinsing with water at a high temperature
				  pursuant to this chapter; or
(b) Cleaning and rinsing, followed by using:
(i) A fragrance-free chlorine bleach and water solution
				  following the DOH's current guidelines for mixing bleach solutions for child
				  care and similar environments; or
(ii) Other sanitizer product if it is registered with the EPA
				  and used strictly according to manufacturer's label instructions including, but
				  not limited to, quantity used, time the product must be left in place, adequate
				  time to allow the product to dry, and appropriateness for use on the surface to
				  be sanitized. If used on food contact surfaces or toys, a sanitizer product
				  must be labeled as "safe for food contact surfaces."
"School-age basics"
means curriculum designed to
				  meet the initial basic training requirement for school-age program staff
				  working in a licensed or certified school-age child care program in Washington
				  state.
"School-age child"
means a child who is five
				  years of age through twelve years of age and is attending a public or private
				  school or is receiving home-based instruction under chapter 28A.200 RCW.
"School-age program"
refers to regularly
				  scheduled care for a group of children, five years of age through twelve years
				  of age, who are attending public or private school or receiving home-based
				  instruction under chapter 28A.200 RCW, for periods of less than twenty-four
				  hours, licensed by the department.
"School-age program licensee"
or
"school-age licensee"
means an entity licensed and authorized by
				  the department to operate a school-age child care program.
"School-age program space"
means the licensed
				  indoor and outdoor space on the premises approved by the department for the
				  purpose of providing licensed child care in a school-age program.
"School-age program staff"
refers to all persons
				  who work, substitute, or volunteer in a school-age program during hours when
				  children are or may be present, excluding licensees.
"School-age provider"
or
"provider"
refers to a licensee or designee who works in a school-age program during hours
				  when children are or may be present. Designees include program directors, site
				  directors, lead teachers, assistant teachers, aides, and volunteers.
"Screen time"
means watching, using, or playing
				  television, computer, video games, video or DVD players, mobile communication
				  devices, or similar devices.
"Serious injury"
means:
(a) An injury resulting in an overnight hospital stay;
(b) A severe neck or head injury;
(c) Choking or serious unexpected breathing problems;
(d) Severe bleeding;
(e) Shock or an acute confused state;
(f) Sudden unconsciousness;
(g) Dangerous chemicals in eyes, on skin, or ingested;
(h) Near drowning;
(i) One or more broken bones;
(j) A severe burn requiring professional medical care;
(k) Poisoning; or
(l) An overdose of a chemical substance.
"Shelter in place"
means staff and children
				  staying at the facility due to an external threat such as a storm, chemical or
				  gas leak or explosion, or other event that prohibits the occupants from safely
				  leaving the facility.
"Sign"
means an individual formally placing
				  their name or legal mark on a document by physical signature or electronic
				  signature.
"Site director"
means the school-age provider
				  responsible for planning and implementing the school-age program services under
				  the oversight of the program director. The site director is responsible for
				  being on-site during the program's operating hours and providing regular
				  supervision of staff and volunteers.
"Special needs"
is a term used for children who
				  require assistance due to learning difficulties, physical disability, or
				  emotional and behavioral difficulties and who have documentation in the form of
				  an individual educational plan (IEP), individual health plan (IHP), 504 plan,
				  or an individualized family service plan (IFSP).
"Staff"
means any school-age provider providing
				  care in the school-age program.
"Supervise"
or
"supervision"
means
				  a school-age provider must be able to see or hear the children they are
				  responsible for at all times. A school-age provider must use their knowledge of
				  each child's development and behavior to anticipate what may occur to prevent
				  unsafe or unhealthy events or conduct, or to intervene in such circumstances as
				  soon as possible. A school-age provider must also reposition themselves or the
				  children to be aware of where children are and what they are doing during care.
				  A school-age provider must reassess and adjust their supervision each time
				  program activities change. See "active supervision" for a heightened standard
				  of care.
"Suspend"
when used in reference to a school-age
				  provider's licensing status, means an enforcement action by the department to
				  temporarily stop a license in order to protect the health, safety, or welfare
				  of enrolled children or the public.
"Swimming pool"
means a pool that has a water
				  depth greater than two feet (twenty-four inches).
"Technical assistance"
means a service provided
				  to a school-age provider by department staff or a contracted third party. The
				  goal of technical assistance is to offer guidance, information, and resources
				  to help a provider fully comply with the licensing requirements of this chapter
				  and chapter 43.216 RCW.
"Transition"
is the process or period of time to
				  change from one activity or place to another.
"Unlicensed space"
means the indoor and outdoor
				  areas of the premises not approved by the department as licensed space that the
				  school-age provider must make inaccessible to the children during program
				  hours.
"Unsupervised access"
as used throughout this
				  chapter has the same meaning as in WAC
				  110-06-0020.
"Usable space"
means the areas that are
				  available at all times for use by children in a school-age program and meets
				  licensing requirements.
"USDA"
means the United States Department of
				  Agriculture.
"Vapor product"
means any:
(a) Device that employs a battery or other mechanism to heat
				  a solution or substance to produce a vapor or aerosol intended for
				  inhalation;
(b) Cartridge or container of a solution or substance
				  intended to be used with or in such a device or to refill such a device;
				  or
(c) Solution or substance intended for use in such a device
				  including, but not limited to, concentrated nicotine, nonnicotine substances,
				  or supplemental flavorings. This includes any electronic cigarettes, electronic
				  nicotine delivery systems, electronic cigars, electronic cigarillos, electronic
				  pipes, hookahs, steam stones, vape pens, or similar products or devices, as
				  well as any parts that can be used to build such products or services. "Vapor
				  product" does not include any drug, device, or combination product approved for
				  sale by the FDA that is marketed and sold for such approved purpose.
"Variance"
is an official approval by the
				  department to allow a school-age program to achieve the outcome of a rule or
				  rules in this chapter in an alternative way than described due to the needs of
				  a unique or specific program approach or methodology. The department may grant
				  a request for variance if the proposed alternative provides clear and
				  convincing evidence that the health, welfare, and safety of all enrolled
				  children is not jeopardized. A school-age provider does not have the right to
				  appeal the department's disapproval of request for variance under chapter
				  110-03 WAC. The provider may challenge a variance disapproval on a department
				  form.
"Volunteer"
includes any person who provides
				  labor or services to a school-age provider but is not compensated with
				  employment pay or benefits. A volunteer must never have unsupervised access to
				  a child unless the volunteer is the parent or guardian of that child or is an
				  authorized person pursuant to WAC 110-301-0345. "Unsupervised access" has the
				  same meaning here as in WAC
				  110-06-0020.
"WAC"
means the Washington Administrative
				  Code.
"Wading pool"
means a pool that has a water
				  depth of less than two feet (twenty-four inches).
"Waiver"
is an official approval by the
				  department allowing a school-age provider not to meet or satisfy a rule in this
				  chapter due to specific needs of the program or an enrolled child. The
				  department may grant a request for waiver if the proposed waiver provides clear
				  and convincing evidence that the health, welfare, and safety of all enrolled
				  children is not jeopardized. A school-age provider does not have the right to
				  appeal the department's disapproval of a waiver request under chapter 110-03
				  WAC. The provider may challenge a waiver disapproval on a department
				  form.
"Washington state early learning and development
				  guidelines"
refers to guidelines published by the department, OSPI, and
				  thrive Washington for children birth through third grade that outlines what
				  children know and are able to do at different stages of their
				  development.
"Water activities"
means school-age program
				  activities in which enrolled children swim or play in a body of water that
				  poses a risk of drowning for children. Water activities do not include using
				  sensory tables.
"Weapon"
means an instrument or device of any
				  kind that is used or designed to be used to inflect harm including, but not
				  limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows
				  and arrows, BB guns, pellet guns, air rifles, electronic or other stun devices,
				  or fighting implements.
"Written food plan"
is a document designed to
				  give alternative food to a child in care because of a child's medical needs or
				  special diet, or to accommodate a religious, cultural, or family preference. A
				  parent or guardian and the school-age provider must sign a written food
				  plan.