Learning Supports

WAC 110-301-0300

The requirement is for children who have a special need, which chapter 110-301 WAC defines, in part, as children who have individual educational, individual health, 504, or individualized family service plans [not developed by the child care provider]. For those children, the individual care plan is critical to identify the special need that will be met by the child care program, such as needed medication and dosage instructions or dietary needs, as well as activity, behavioral, or environmental modifications, or any of the other special needs specified in WAC 110-301-0300.

WAC 110-301-0300

No, this is not correct. If the child needs a plan to address their needs while in child care, the plan must be informed by and consistent with any existing IEP or other plans.

WAC 110-300-0300

Every child comes to an early learning program with unique needs. The intent of this regulation is for early learning providers to engage in conversations with families and identify how they can best support the individual needs of each child. Although families are not required to provide an IEP, it is in the best interests of the child for families to discuss strategies that have been developed, and are being used, in other settings (school or other) so program staff can support the child’s communication styles. Those strategies can be documented in the Individual Care Plan.

WAC 110-301-0345(5)(b)

Access to children is not one of the physical structure items covered by OSPI. During child care hours, and in child care space, the school-age provider should control who has access to children. Just because it’s in a school building, doesn’t mean that unauthorized school personnel can be in the care spaces during hours of operation.

The intent of being able to hear when doors open is to prevent children from slipping out. It has to do with the supervision and monitoring of who is entering and leaving the child care space. Regardless of the building, the school-age program must be able to demonstrate they can hear the door to be compliant with that rule. If a licensor sees children slipping out the door unnoticed, or if during an inspection entry or exiting through the door isn’t able to be heard when the door is open, then the provider is not meeting the rule.

WAC 110-301-0345(5)(b)

This is an "it depends" and a licensor should staff the scenario with their supervisor if an answer is not readily apparent. Ask the provider what steps they are prepared to take to assure children don’t slip out and use that information in your staffing.

WAC 110-301-0350

For water activities a certified lifeguard must be present and on duty. There is not a requirement that staff know how to swim. If children are off-site in area that has a body of water but the children are not engaging in a water activity, at least one person must be able to swim.

WAC 110-301-0350(4)(b)

It would mean 3 staff, since only 2 staff would otherwise be required for the group size - which is within WAC requirements. If 35 kids were going, then it would be over the maximum group size, and be split into two groups. It would then require 5 staff. 3 to meet the requirement for the first group (at 2:30+1) and 2 to meet the requirement for the second group (1:5 +1)

WAC 110-301-0354

This is a scenario where licensing another space, like the library or another portable can be helpful. For a short term move a waiver can be considered, since the school has already met OSPI safety requirements. Licensors should staff this type of situation with their supervisor.

WAC 110-301-0354(4)

Maximum capacity is calculated by the space that is usable and accessible to children throughout the majority of their time in care. A program may choose to license a space they use only occasionally as a resource for the children and program - but if they are not accessible and usable on an ongoing basis, these spaces should not be used for capacity determination. DCYF licenses the additional space as approved space that may be used when it is accessible and usable. This would also support a program having back-up space(s) if the school displaces them for a talent show or other school activity. The space is not added to the licensed maximum capacity when the space is not used on a regular basis.

A licensor would not add the additional space as a limitation on the license. However, it would be noted as a “room” on the license with the maximum capacity OR group size that can be allowed in it. For the age group DCYF could select “Mixed.” Sometimes, in these cases, the room capacities when added up will exceed the total capacity of the license, but it will document which spaces are licensed for children's use.

If fewer spaces are being used than would accommodate the maximum capacity on the license, the capacity would be limited to the spaces that are being used.

WAC 110-301-0356(5)

WAC 301 states group size may exceed thirty children only for special events such as assemblies or performances. If a provider can provide us with good reasoning for how they can still meet the WAC for what they want to do, it is allowable.

The intent of this WAC is to allow a greater group size than 30 when it doesn’t make sense to do it individually with separate groups. It is not one DCYF recommends for water activities due to the higher risk around water, but if they can come up with a valid reason why water activities should be considered, DCYF would consider it.

WAC 110-301-0356(8)(a)

The required ratio stays the same (1:15 ratio, and 2:30). This new provision now allows one staff to supervise 15 kids by themselves, but a second person must be available on site to assist in the event of an emergency.

WAC 110-301-0356(8)

When Title 110 WAC refers to a background check it is a DCYF portable background check. It would need to be clarified only if WAC did not mean a DCYF portable background check.

WAC 110-301-0360

Technically the program should be doing 10 minutes of outdoor time in the morning. If someone is operating from 7-8 and some kids are coming at 7:40, it may not be practical. As long as the program is building in the outdoor time for kids. It’s going to be one of those situations that depends. A licensor should ask what is the intent and goal of the WAC, and how providers are meeting the intent of the WAC for children. How are they working to meet the intent of the rule?