Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-300 - Foundational quality standards for early learning programs › INTENT AND AUTHORITY › Section 110-300-0005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context requires otherwise, the following
				  definitions apply to this chapter:
"Accessible to children"
means items, areas or
				  materials of an early learning program that a child can reasonably reach,
				  enter, use, or get to on their own.
"Accommodations"
means program curriculum and
				  instruction, activities, spaces, and materials that have been adapted to help
				  children and adults with special need function within their
				  surroundings.
"Active supervision"
or
"actively
				  supervise"
means a heightened standard of care beyond supervision. This
				  standard requires early learning providers to see and hear the children they
				  are responsible for during higher risk activities. Providers must be able to
				  prevent or instantly respond to unsafe or harmful events.
"ADA"
refers to the Americans with Disabilities
				  Act,  42 U.S.C. Sec. 12101, et seq.
"Aide"
is a person who offers support to early
				  learning 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 365 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 child care
				  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.
"Asexual"
means the lack of a sexual attraction
				  or desire for other individuals.
"Assistant director"
is a person responsible for
				  the overall management of the center early learning program including the
				  facility and operations.
"Assistant teacher"
is a person whose work is to
				  assist a lead teacher or licensee in providing instructional supports to
				  children and implementing a developmentally appropriate program. The assistant
				  must carry out assigned tasks under the supervision of a lead teacher, program
				  supervisor, director, assistant director, or licensee.
"ASTM"
refers to the American Society for
				  Testing and Materials.
"Bathroom"
means a room containing a built-in,
				  flush-type toilet.
"Bias"
means a tendency to believe that some
				  people or ideas are better than others that usually results in treating some
				  people unfairly.
"Bisexual"
means individuals who have an
				  emotional or physical attraction to individuals of the same and different
				  genders.
"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
				  early learning providers are authorized by the department to have in care at
				  any given time. This includes any children on-site at the early learning
				  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.
"Center early learning program"
is a facility
				  providing regularly scheduled care for a group of children birth through 12
				  years of age for periods of less than 24 hours a day, pursuant to
				  RCW
				    43.216.010(1)(a) (child day
				  care center).
"Center early learning program licensee"
or
"center licensee"
means an entity licensed and authorized by the
				  department to operate a center early learning program.
"Certificate of exemption (COE)"
has the same
				  meaning in this chapter as in WAC
				  246-105-020.
"Certificate of immunization status"
has the
				  same meaning in this chapter as in WAC
				  246-105-020.
"Certificate of occupancy"
means a document
				  issued by a local government agency or building department that certifies a
				  building complies with applicable building codes and other laws and indicates
				  that the building is in a condition suitable for occupancy.
"Certification"
means 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 younger than
				  age 13, including any infant, toddler, preschool-age child, or school-age child
				  as defined in this chapter.
"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 24 hours a day.
"Child care basics (CCB)"
means curriculum
				  designed to meet the initial basic training requirement for early learning
				  program staff working in licensed or certified programs in Washington state. It
				  serves as a broad introduction for professionals who are pursuing a career in
				  the early care and education field.
"Chromated copper arsenate (CCA)"
is a wood
				  preservative and insecticide that contains roughly 22 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 department
				  of health'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 early learning 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
				  246-110-010.
"Continuous"
means without interruptions, gaps,
				  or stopping.
"Core competencies"
are standards required by
				  the department that detail what early learning providers need to know and are
				  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.
"Curriculum philosophy"
means a written
				  statement of principles developed by an early learning provider to form the
				  basis of the learning program of activities, including age appropriate
				  developmental learning objectives for children.
"DCYF"
or
"the department"
refers
				  to the Washington state department of children, youth, and families.
"Developmental screening"
is the use of
				  standardized tools to identify a child at risk of a developmental delay or
				  disorder. (Source: American Academy of Pediatrics,
Healthy Child Care
				  America, 2009).
"Developmentally appropriate"
means:
(a) Early learning providers interact with
				children in a way that recognizes and respects each 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.
"Director"
means the person responsible for the
				  overall management of a center early learning program including the facility
				  and operation.
"Disability"
or
"disabilities"
has
				  the same meaning in this chapter as in
				  RCW
				    49.60.040(7), the Washington
				  law against discrimination.
"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 department of
				health'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.
"Drinking water"
or
"potable water"
is water suitable for drinking by the public as determined by the Washington
				  state department of health 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.
)
"Early achievers"
is a statewide system of
				  high-quality early learning that connects families to early learning programs
				  with the help of an easy to understand rating system and offers coaching,
				  professional development, and resources for early learning providers to support
				  each child's learning and development.
"Early childhood education and assistance program
				  (ECEAP)"
is a comprehensive preschool program that provides free
				  services and support to eligible children and their families.
"Early childhood education (ECE) initial
				  certificate"
(12 quarter credits) is Washington's initial certificate in
				  early childhood education and serves as the point of entry for a career in
				  early learning and covers foundational content for early learning
				  professionals.
"Early childhood education (ECE) short
				  certificate,"
an initial certificate plus eight quarter credits, is
				  Washington state's short certificate in early childhood education and offers
				  areas of specialization, building on the state's initial certificate.
"Early childhood education (ECE) state
				  certificate,"
a short certificate plus 27 quarter credits, is Washington
				  state's certificate in early childhood education and is the benchmark for Level
				  2 core competencies for early care and education professionals and prepares for
				  the next step, an associate's degree in early childhood education.
"Early learning program"
refers to regularly
				  scheduled care for a group of children birth through 12 years of age for
				  periods of less than 24 hours, licensed by the department.
"Early learning program space"
means the
				  licensed indoor and outdoor space on the premises approved by the department
				  for the purpose of providing licensed child care.
"Early learning program staff"
refers to all
				  persons who work, substitute, or volunteer in an early learning program during
				  hours when children are or may be present, excluding licensees.
"Early learning provider"
or
"provider"
refers to an early learning licensee or designee who
				  works in an early learning program during hours when children are or may be
				  present. Designees include center directors, assistant directors, program
				  supervisors, lead teachers, assistants, aides, and volunteers.
"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 DCYF's
				  current database of professional records of individual early learning
				  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(3). An early
				  learning provider may contest enforcement actions and seek an adjudicative
				  proceeding pursuant to chapter 110-03 WAC.
"EPA"
means the United States Environmental
				  Protection Agency.
"Equivalency"
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 center early learning 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 an early learning program. An early learning 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.
"Family home early learning program"
means an
				  early learning program licensed by the department where a family home licensee
				  provides child care or education services for 12 or fewer children in the
				  family living quarters where the licensee resides as provided in
				  RCW
				    43.216.010(1)(c) (family day
				  care provider).
"Family home early learning program licensee"
or
"family home licensee"
means an individual licensee authorized by
				  the department to operate a family home early learning program within the
				  licensee's family living quarters.
"Family living quarters"
means a family home
				  licensee or applicant's residence and other spaces or building on the
				  premises.
"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 center and family home early learning programs. The
				  department uses these standards to equitably serve children, families, and
				  early learning providers throughout Washington state.
"Gay"
means physically attracted to someone of
				  the same gender. Gay is sometimes an umbrella term for the LGBTQIA+
				  community.
"Gender"
or
"gender identity"
means
				  an individual's inner sense of being a female, male, a blend of both or
				  neither, or another gender. This may or may not correspond with an individual's
				  sex assigned at birth.
"Gender expression"
means individuals' outward
				  communication of their gender through behavior or appearance. This may or may
				  not conform to their sex assigned at birth or socially defined behaviors and
				  characteristics typically associated with being either masculine or
				  feminine.
"Gender fluid"
means individuals whose gender
				  identities are flexible, not permanent.
"Good repair"
means about 80 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.
"Household member"
means one or more individuals
				  who live in the same dwelling or share living arrangements, and may consist of
				  family relatives or other groups of people.
"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 an early learning program.
"Inactive"
when used by the department to
				  indicate a licensing status, means early learning providers who have requested
				  and have been approved to temporarily cease caring for children and close their
				  early learning 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.
"Infant"
is a child birth through 11 months of
				  age.
"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 an
				  early learning provider.
"Inspection report"
means a written or digital
				  record developed by the department that identifies violations of licensing
				  standards. An inspection report is separate from and does not include a
				  facility licensing compliance agreement (FLCA).
"Internal review process"
has the same meaning
				  in this chapter as in
				  RCW
				    43.216.395, as now or hereafter
				  amended.
"Intersex"
is an umbrella term used to describe
				  a wide range of natural bodily variations when the body is born with a
				  combination of chromosomes, internal organs, or external genitalia that do not
				  develop as expected.
"Lead teacher"
means an early learning provider
				  who works as the lead staff person in charge of a child or group of children
				  and implements activity programs.
"Lesbian"
means females or women who have an
				  emotional or physical attraction for other females or women.
"LGBTQIA+"
means lesbian, gay, bisexual,
				  transgender, queer or questioning, intersex, and asexual. The "+" represents
				  identities not specifically named in the LGBTQIA acronym (e.g., pansexual,
				  gender nonbinary, and Two-spirit).
"License"
means a permit issued by the
				  department legally authorizing an applicant to operate an early learning
				  program.
"Licensed space"
means the indoor and outdoor
				  space on the premises approved by the department for the purpose of providing
				  licensed child care.
"Licensee"
means an individual or legal entity
				  listed on a license issued by the department, authorized to provide child care
				  or early learning services in a center or family home setting.
"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 an
				  early learning provider's licensing status, means an enforcement action by the
				  department to change the conditions identified on a licensee's current
				  license.
"Nonbinary"
is a term of self-identification for
				  individuals who do not identify within the limited and binary terms that have
				  described gender identity, e.g., female and male. Nonbinary is also an umbrella
				  term for many identities such as gender expansive, gender fluid, and
				  genderqueer.
"Nonexpiring license"
means a license that is
				  issued to an early learning provider following the initial licensing period,
				  pursuant to chapter 43.216 RCW.
"Operating hours"
means the hours listed in an
				  early learning program parent handbook when the program is open and providing
				  care and services to children.
"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 infants and toddlers play
				  near one another and how preschoolers play together, communicate, and whether
				  they fight or get along.
"Personal needs"
means an early learning
				  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
				  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 self-closing 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.
"Preschool-age children"
means children 30
				  months through six years of age not attending kindergarten or elementary
				  school.
"Preservice training"
means professional
				  development standards or requirements for early learning 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 supervisor"
means the center early
				  learning provider responsible for planning and supervising the learning and
				  activity program.
"Queer"
is a term used to express LGBTQIA+
				  identities and orientations. The term is sometimes used as an umbrella term for
				  all LGBTQIA+ individuals.
"Questioning"
means individuals who are
				  exploring their sexual orientation, gender identity, or gender expression at
				  any age.
"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 an early learning provider's licensing status, means an
				  enforcement action by the department to close an early learning 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 early learning
				  program, for example, feeding, diapering, toileting, napping, resting, 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 an early learning program into compliance with this
				  chapter and chapter 43.216 RCW. Safety plans are developed at meetings
				  involving at least an early learning 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 early learning
				  program. Program changes must be agreed to in writing and signed by all
				  participants at the meeting. Safety plans expire 30 calendar days after being
				  signed by all parties. Safety plans may only be extended for an additional 30
				  calendar 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 department of health'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."