Code of Massachusetts Regulations
606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE
Title 606 CMR 7.00 - Standards For The Licensure Or Approval Of Family Child Care; Small Group And School Age And Large Group And School Age Child Care Programs
Section 7.04 - Administration
Universal Citation: 606 MA Code of Regs 606.7
Current through Register 1531, September 27, 2024
The following requirements apply to all programs, including family child care, small group and school age and large group and school age child care. Additional requirements specific to family child care are found at 606 CMR 7.04(16). Additional requirements specific to small group and school age child care are found at 606 CMR 7.04(17). Additional requirements specific to large group and school age child care are found at 606 CMR 7.04(17) and (18).
(1) The licensee must ensure that the program is soundly administered by qualified persons designated with specific administrative and program responsibilities. The licensee may admit children only in accordance with the provisions of the license.
(2) Unauthorized Activities.
(a) The licensee must
not allow children to participate in any activities unrelated to the direct
care of children without the written, informed consent of the parent(s).
"Activities" shall mean, but not be limited to:
1. fund raising;
2. publicity, including photographs and
participation in the mass media, and
3. screening, research or unusual
treatment.
(b) The
licensee must not allow any person to produce or distribute a likeness of any
child in the program for any purpose without the written informed consent of
the child's parent.
(3) Transitions.
(a)
Whenever children are preparing to transition to a new classroom or program,
the educator must:
1. collaborate and share
information between each classroom or program, with parental permission;
and
2. assist the child with the
transition in a manner consistent with the child's ability to
understand.
(b) If a
program chooses to suspend or terminate a child for any reason the program must
provide written documentation to the parents of the specific reasons for the
proposed suspension or termination of the child, and the circumstances under
which the child may return, if any.
(4) Record Requirements.
(a) The licensee
must maintain complete and accurate accounts, books and all records required by
606 CMR 7.00, including but
not limited to:
1. daily attendance records
indicating each child's attendance, including arrival and departure
times;
2. a method of knowing
exactly who is present on the premises at any given point in the day.
3. documentation of regular evacuation
drills, as required by
606 CMR
7.11(7)(h).
(b) Except as specifically
provided elsewhere in
606 CMR 7.00, all records
required by
606 CMR 7.00 must be:
1. legible and dated and signed by the
individual making the entry;
2.
updated at least annually and whenever any material changes occur.
(c) Attendance records and
educator records must be maintained for at least five years.
(d) Children's records must be maintained for
at least five years after a child has left the program.
(e) When a child is no longer in care, upon
written request of the parent(s), the licensee must provide a copy of the
child's records to the parent(s) or any other person the parent(s)
identifies.
(5) Staff Records. The licensee must maintain a personnel record for each staff member. The record must include:
(a) documentation that the employee has the
qualifications required under
606 CMR
7.09 including, but not limited to, health
records, as required by
606 CMR
7.09(11);
(b) copies of licenses, certifications and
registrations held, including, but not limited to, motor vehicle operator's
license (if the staff member transports children) and EEC educator
qualification;
(c) documentation of
orientation, training and professional development, as required by
606 CMR
7.09(15)(d) through (f),
7.09(16)(c),
7.09(17)(a),
7.11(1),
7.09(18)(d),
and
7.09(19)(b).
(6) Transportation Records. The licensee must maintain documentation that each program owned vehicle or educator's vehicle used for the transportation of children to or from program activities is registered and inspected in accordance with state law, and is insured as required by 606 CMR 7.00.
(7) Children's Records. The licensee must maintain an individual written record for each child that includes:
(a) Information
Required at admission, including:
1. a face
sheet or sheets, which identifies the child by the following information:
a. the name, date of admission, date of
birth, age at admission, and primary language of the child and parent(s), if
other than English;
b. the parent's
(or parents') name(s), home address(es), and telephone number(s);
c. the parent's (or parents') business
address(es) and telephone number(s);
d. the name, address and telephone number of
the person to contact in case of emergency when the parent is
unavailable;
e. a physical
description or a current photograph of the child;
f. the name, address, and phone number of the
child's physician or other source of health care,
g. information on allergies, special diets,
chronic health conditions and/or any special limitations or concerns, including
medications the child is taking at home or school and possible side effects of
those medications;
h. the child's
anticipated days and times of attendance; and
i. if applicable, the name of the school the
child attends.
2. copies
of any custody agreements, court orders, and restraining orders pertaining to
the child, when provided by the parent;
3. consent for the child's transportation
plan, as required by
606 CMR
7.13(2)(e);
4. permission to transport a child to a
medical facility and for the child to receive emergency medical treatment,
including but not limited to an epinephrine auto-injection for suspected
exposure to a life threatening allergen in the event that the parent cannot be
reached and when delay would be dangerous to the health of the child;
5. permission to administer basic first aid
and/or CPR;
6. a list of any
person(s) authorized in writing by the parent to take the child from the
program or receive the child at the end of the day;
7. written parental consent for a child to
participate in off-site activities.
8. written parental consent for older school
age children to leave the program for any reason, including consent for the
specific activity, time, and method of transportation, and acknowledgment of
parental responsibility for the child once s/he leaves the program;
9. written informed consent for observation
of children by anyone other than program staff or the parents of children in
the program, if applicable. For observations in which there is no interaction
between the child and the observer and no identification of individual
children, a general permission may be obtained. When there is interaction
between the child and the observer or when individual children are identified
to an observer other than parents of children in the program, a specific
individual informed consent must be obtained;
10. written consent for children to use an
on-site swimming pool;
11. written
consent for the use of unanticipated, non-prescription and topical,
non-prescription medications, if applicable;
12. written consent for children to sleep in
the same room with children of the opposite sex during regular overnight care,
if applicable;
13. medical records,
including:
a. a physician's, nurse
practitioner's, or physician's assistant's certification that the child has
been successfully immunized in accordance with the current Department of Public
Health's recommended schedules;
b.
a written statement from a licensed health care practitioner within one month
of admission that indicates that the child has had a complete physical
examination within one year prior to admission;
c. a statement signed by a physician or an
employee of a health care agency obtained within one month of admission stating
that the child has been screened for lead poisoning. Pursuant to Department of
Public Health requirements, all children, regardless of risk, must be screened
for lead poisoning at least once between the ages of nine and 12 months and
annually thereafter at ages two and three. Children must also be screened at
age four if they live in a community deemed at high risk for lead poisoning by
the Department of Public Health. All providers must comply with the criteria
for lead poisoning screening as set forth in
105 CMR
460.050.
14. as appropriate to the child's age and
abilities:
a. information about the child's
daily schedule, developmental history, sleeping and play habits, favorite toys,
accustomed mode of reassurance and comfort;
b. procedures for toilet training of the
child, if appropriate; and
c. the
child's eating schedule and eating preferences, including for infants, a
description of formula preparation.
15. documentation that the parent has been
notified regarding his/her right to visit the program unannounced at any time
while his/her child is in care, and has received the written information for
parents required by
606 CMR
7.08(6).
(b) Ongoing records, including:
1. documentation of annual physical
examinations, updated immunizations and lead screening;
2. documentation of the results of vision,
hearing and dental screenings, when provided to the program. If any screenings
are conducted by the program, the program must:
a. obtain prior parental
permission;
b. insure that the
screenings are conducted by qualified personnel; and
c. communicate the results to the parents in
writing;
3. a record of
any medications administered to the child, as required by
606 CMR
7.11(2)(i), as required by
606 CMR
7.08(8)(e);
4. documentation of parent notification of
emergency treatment as required by
606 CMR
7.08(8)(e);
5. a copy of the child's individual health
care plan, if applicable;
6. a
record of any referrals made, as required by
606 CMR
7.06(5)(b);
7. documentation of parental authorizations,
as required by 606 CMR 7.04(7)(a)3. through 12.;
8. copies of injury and incident reports, as
required by
606 CMR
7.11(5)(f);
9. copies of periodic progress reports, as
required by
606 CMR
7.06(3);
10. individual program plans, and periodic
review of such plans, for any child with a disability, as required by 606 CMR
7.04(13)(f), including IFSPs, IEPs, and other documentation as provided by
parents;
11. all pertinent
correspondence concerning the child.
(8) Children's Record Exceptions. Not withstanding the provisions of 606 CMR 7.04(7)(a)13. and 7.04(7)(b)1.:
(a) No child
shall be required to have any such immunization if his or her parent(s) objects
thereto, in writing, on the grounds that it conflicts with their sincere
religious beliefs or if the child's physician, nurse educator, or physician
assistant submits documentation that such a procedure is
contraindicated.
(b) For school age
children, the licensee may accept either:
1. a
written parental statement that the required information is on file with the
child's school; or
2. copies of the
child's immunization, physical examination and lead screening
records.
(9) Updating Records. Children's records must be reviewed and updated as necessary, but no less frequently than once per year. A written consent provided under 606 CMR 7.04(7)(a)3. through 12. shall be valid for one year from the date of its execution unless such consent is withdrawn, in writing, prior to that time.
(10) Amending the Child's Record.
(a) A child's parent(s) have the right to add
information, comments, data or any other relevant materials to the child's
record;
(b) A child's parent(s)
have the right to request deletion or amendment of any information contained in
the child's record.
1. If the parent(s) is of
the opinion that adding information is not sufficient to explain, clarify, or
correct objectionable material in the child's record, the parent has a right to
have a conference with the licensee to make his objections known.
2. The licensee must, within one week after
the conference, render to the parent(s) a decision in writing stating the
reason or reasons for the decision. If the decision is in favor of the
parent(s), steps must be taken immediately to put the decision into
effect.
(11) Charge for Copies. The licensee must not charge an unreasonable fee for copies of any information contained in the child's record.
(12) Confidentiality and Distribution of Records and Information. Information pertaining to children and their families is privileged and confidential. No licensee or educator may distribute or release information about a child or his/her family to any unauthorized person, or discuss with any unauthorized person information about a child or his/her family without the written consent of the child's parent. The child's parent, at reasonable times, must, upon request, have access to everything in his or her child's record.
(a) The licensee must not
distribute or release information in a child's record to anyone not directly
related to implementing the program plan for the child without the written
consent of the child's parent(s) or pursuant to a court order. The licensee
must notify the parent(s) if the child's record is subpoenaed.
(b) The child's parent(s) must, upon request,
have access to their child's record at reasonable times. In no event may such
access be delayed more than two business days after the initial request without
the consent of the child's parent(s). Upon such request for access, the child's
entire record must be made available regardless of the physical location of its
parts.
(c) Upon written request of
the parent(s), the licensee must transfer a copy of the child's records to the
parent(s), or any other person the parent(s) identifies within a reasonable
amount of time.
(d) The licensee
must establish procedures governing access to, duplication of, and distribution
of such information; and must maintain a permanent, written log in each child's
record indicating each time a child's record has been released or reviewed.
1. Each time information is released or
distributed from a child's record to someone who is not a program employee the
following information must be recorded: the name, signature, and position of
the person releasing or distributing the information; the date; the portions of
the record which were distributed or released; the purpose of such distribution
or release; and the signature of the person to whom the information is
distributed or released.
2. Such
log must be available only to the child's parent(s), to program personnel
responsible for record maintenance, and to the EEC as part of its regulatory
function.
(13) Children with Disabilities. The licensee must accept applications and make reasonable accommodations to welcome or continue to serve any child with a disability. In determining whether accommodations are reasonable and necessary, the licensee must, with parental consent and as appropriate, request information about the child from the Local Education Agency (LEA), Early Intervention Program or other health or service providers.
(a) Based upon available information the
licensee must, with the parent's input, identify in writing the specific
accommodations, if any, required to meet the needs of the child at the program,
including, but not limited to:
1. any change
or modifications in the child's participation in regular program
activities;
2. the size of the
group to which the child may be assigned and the appropriate staff/child ratio;
and
3. any special equipment,
materials, ramps or aids needed to serve the child.
(b) The licensee must provide written
notification to the parent within 30 days of the receipt of the authorized and
requested information, if, in the licensee's judgment, the accommodations
required by 606 CMR 7.04(13) to serve the child are not reasonable or would
cause an undue burden to the program. This notification must include, but is
not limited to:
1. the reasons for the
decision;
2. notification to the
parent(s) that they may request that the Department review the licensee's
decision and determine if the licensee is in compliance with
102 CMR 1.03(1)
and 606 CMR 7.04(13).
(c) The licensee must maintain a copy of this
notification in its records.
(d)
The accommodations related to the toileting needs of a child with a disability
who is not toilet trained must not be considered an undue burden.
(e) In determining whether the accommodations
required by 606 CMR 7.04(13) are reasonable or would cause an undue burden to
the program, the licensee must consider at lease the following factors:
1. the nature and cost of the accommodations
needed to provide care for the child at the program;
2. the ability to secure funding or services
from other sources;
3. the overall
financial resources of the licensee;
4. the number of persons employed by the
licensee;
5. the effect on expenses
and resources, or the impact otherwise of such action upon the
licensee;
6. whether the required
accommodation alters the fundamental nature of the program.
(f) The licensee must, with
parental permission, contribute to the development and review of the child's
program plan in cooperation with the LEA, Early Intervention Program and/or
other health and service providers.
(g) The licensee must identify at least one
educator to serve as the liaison for each child with a disability. The liaison
must be responsible for coordinating care in the program and with service
providers and communicating with the child's parents, service providers and
educators.
(14) Required Postings. The licensee must post the following information in an area easily visible to parents, educators and visitors:
(a) "Call 911" reminder and the
telephone number and address of the program, including the location of the
program in the facility;
(b) the
telephone number of the Poison Control Center and the name and telephone number
of the emergency back-up person,
(c) in a manner that protects the privacy of
each child:
1. a list of all emergency or life
saving medications, including but not limited to epinephrine auto-injectors,
inhalers, and anti-seizure medications, that specifies to which children they
belong; and
2. a list of allergies
and/or other emergency medical information provided by the parent for each
child;
(d) the current
license or approval.
(15) Notifications to the Department.
(a)
Notification of Death or Serious Injury. The licensee
must immediately report to the Department by telephone the following:
1. the death of any child which occurs while
such child is in care, or resulting from an injury or event that occurred while
the child was in care;
2. any
injury to any child which occurs during the hours while such child is in care
and which requires hospitalization or emergency medical treatment.
(b)
Notifications of
Reportable Diseases and Medical Errors. The licensee must
immediately report to the Department the following:
1. the contagious illness of a child that is
a reportable condition as set by the Division of Communicable Disease Control,
Department of Public Health;
2. any
medication error which occurred while the child was in care and which:
a. required hospitalization or emergency
medical treatment, or
b. which
resulted in a child receiving the wrong medication.
(c) The licensee must follow its
immediate notification to the Department of any death, serious injury,
reportable illness, or medication error with a written notice within 48 hours
of making the original report.
(d)
Notification of Legal Proceedings.
1. The licensee must report to the
Department, in writing, within five days of the initiation of any legal
proceedings brought against the program or any person employed by the program
if such proceeding arises out of circumstances related to the care of children
in the program or may impact the continued operation of the program.
2. In family child care, the licensee must
notify the Department in writing within five days of the initiation of the
legal proceedings listed in 606 CMR 7.04(15)(d)2.a. through c. which are
brought against any educator, household member of the licensee or person
regularly on the premises of the family child care home:
a. any criminal or delinquency complaint
listed in the Department's Background Record Check regulations;
b. any civil action in which mistreatment or
neglect of a child is alleged; and
c. any petition alleging that a child of an
educator, any household member of the licensee or any person regularly on the
premises of the family child care home is in need of care and
protection.
(e)
Notification of Change of
Location or Telephone Number. The licensee must provide
notification to the Department prior to any change in the location or telephone
number of the program. A change in location may require a new application and
issuance of a new or amended license, after receipt of all necessary
information and documentation of compliance with all applicable regulations.
1. Family child care programs must notify the
Department at least ten days prior to any change in location.
2. Small group and school age and large group
and school age child care programs must notify the Department in writing at
least 30 days prior to any change in location.
(f)
Notification of Change in
Program Space. The licensee must notify the Department when
possible, at least 30 days prior to any change in the space used by the
program. If the licensee is unable to provide 30 days notice, the licensee must
notify the Department by telephone immediately upon learning of the impending
change.
(g)
Notification of Failure to Renew Required Inspection
Certificates. The licensee must notify EEC whenever non-compliance
with applicable codes prevents renewal of required inspection
certificates.
(h)
Change of Location in Case of Emergency. In case of
fire or other emergency that requires the evacuation of the facility and
results in the need to seek other shelter, the licensee must notify the
Department immediately by telephone of the incident.
(i)
Notification of Law
Enforcement Activity. In the event of an incident on the child
care premises that results in a report to law enforcement officials and that
could impact the health, safety, and/or wellbeing of children in care, or in
the event of the arrest of an educator or person regularly on the child care
premises, the licensee must notify the Department by telephone within 24 hours
of the incident. The licensee, if requested by the Department, must prepare and
submit to the Department a written report regarding the incident.
(j)
Notification of Response by
Fire Department. In the event of an incident on the child care
premises (other than a false alarm) that results in a response by the fire
department, the licensee must notify the Department by telephone within 24
hours of the incident. The licensee, if requested by the Department, must
prepare and submit to the Department a written report regarding the
incident.
(k)
Notification of 51A Report. The Program must notify
the Department as required in
606 CMR 7.11(4)(e)
and (f).
(l)
Action by the Internal
Revenue Service. The licensee must notify the Department in
writing of any action brought against the licensee by the Internal Revenue
Service.
(m)
Motor
Vehicle Accident. The licensee must notify the Department
immediately of any accident involving the transportation of children when such
transportation is provided or contracted by the licensee.
(n)
Notice of Intent to
Close. The licensee must provide notification in writing to the
Department and to parents of all children in care of its intent to close the
program no less than 30 days prior to the anticipated closing. The notice to
the Department must include a plan to notify parents and a plan for the storage
and preservation of all required records.
(16) Additional Requirements for Family Child Care and Small Group and School Age Child Care.
(a) The licensee must notify the Department
if it joins or leaves a family child care system.
(b)
Change in Household
Composition. A family child care licensee must notify the
Department within seven days of approval as a foster or adoptive placement
resource, or of any change in the household composition.
(c)
Notification of
Firearms. The licensee must notify the Department whenever a
firearm is brought into the family child care home.
(d) The licensee must notify the Department
if the home is found by the Department of Public Health to be a source of lead
poisoning for any child, as required by
606 CMR
7.07(15)(a)6.
(17) Additional Requirements for Small Group and School Age and Large Group and School Age Child Care.
(a)
Statement of Purpose. Each licensee must keep and
maintain a written statement identifying the program's philosophy; its goals
and objectives; the ages of children served; and the services provided. The
licensee must provide each child's parent(s) with a copy of this statement,
must make this statement available upon request to any person, and must keep
such statement current.
(b)
Evidence of Authority to Operate. Each licensee must
have documentary evidence of its source of authority to operate the program.
1. A program operated by the Commonwealth or
any political subdivision thereof must keep and maintain documents that
identify the statutory basis of its existence, and the administrative framework
of the governmental department in which it operates.
2. A private program must keep and maintain
documents that fully and completely identify its ownership. Corporations,
partnerships, limited liability companies, or associations must identify their
officers or principals and maintain a file, which must include, where
applicable, the charter, partnership agreement, constitution, articles of
organization and by-laws. Where applicable, documents must include, but not be
limited to, copies of all papers filed with the Secretary of the Commonwealth
and/or any political subdivision of the Commonwealth.
(c)
Organizational
Information.
1. If the program
employs more than one person, the licensee must provide information on the
administrative organization of the program to parents and educators, including
an organizational chart identifying the lines of authority and supervision
within the program, and identifying the Department of Early Education and Care
as the licensing authority.
2. All
employees on duty must know who is responsible for administrative supervision
of the program at all times.
(d)
Notification of Change of
Ownership. The licensee must provide prior notification, in
writing, to the Department no less than 30 days prior to any change in
ownership of the program.
(e)
Written Notification of Change in Program Space. The
notification to the Department at least 30 days prior to any change in the
space used by the program required by 606 CMR 7.04(15)(f), must be made in
writing. If the licensee is unable to provide 30 days' notice, the licensee
must notify the Department by telephone immediately upon learning of the
impending change and must send a written report to the Department within 48
hours of notification.
(f)
Notification of Change in Water Source. The licensee
must provide written notification to the Department when possible, at least 30
days prior to any change in the source of water used by the program. If the
licensee is unable to provide 30 days notice, the licensee must notify the
Department by telephone immediately upon learning of the impending change and
must send a written report to the Department within 48 hours of notification,
including any required certifications.
(g)
Enrollment Policy and
Procedures. Each licensee must keep and maintain:
1. a statement of non-discrimination, which
must include a statement that toilet training status is not an eligibility
requirement for enrollment;
2. a
statement describing its enrollment procedures.
(h)
Plan for Referral
Services. The licensee shall have a written plan describing
procedures for referring parents to appropriate social, mental health,
educational and medical services, including but not limited to dental check-up,
vision or hearing screening for their child, should the program staff feel that
an assessment for such additional services would benefit the child. The written
plan shall include, but not be limited to the following:
1. staff responsibilities for informing the
licensee of their concern;
2.
procedures for observing and recording the child's behavior and reviewing the
child's record prior to making a referral;
3. procedures for meeting with parents to
notify them of the program's concern;
4. a current list of referral resources in
the community for children in need of social, mental health, educational or
medical services. This list shall include the contact person for St. 1972, c.
766 and Early Intervention Program referral;
5. written notice to the appropriate
administrator of special education that the licensee is serving a child with a
disability, if the child is two years and nine months old or older;
6. written notice to the administrator of the
DPH Early Intervention program if the licensee is serving a child with a
disability who is younger than two years and nine months old.
(i)
Suspension and
Termination. The licensee must describe in writing the program's
procedures for avoiding the suspension or termination of a child from the
program due to challenging behavior. The procedures to avoid suspension and
termination must include:
1. providing an
opportunity to meet with parents to discuss options other than suspension or
termination;
2. offering referrals
to parents for evaluation, diagnostic or therapeutic services;
3. pursuing options for supportive services
to the program, including consultation and educator training;
4. developing a plan for behavioral
intervention at home and in the program.
(j)
Student Interns.
The licensee shall describe, in writing, any arrangements with any school or
professional training program, including a description of student
responsibilities and supervision of students by the school or training program
and the child care program.
(k)
Staff Meetings. In programs with four or more staff
the licensee must develop and follow a written plan and must document regular
staff meetings of at least two hours per month to consult with educators on
program issues; program planning; policies and procedures; parent
communication; implementation of
606 CMR 7.00; children's
behaviors and meeting the individual needs of children.
(l)
Personnel
Policies. In programs with four or more paid staff the licensee
must describe, in writing, the program's current personnel policies and
practices and must make them available to all employees and prospective
employees at the program. Such personnel policies must include, when
appropriate, a description of:
1. the criteria
and procedures for hiring, promotion, probationary periods, disciplining,
suspension, and dismissal of any staff person;
2. the procedure for handling staff
complaints;
3. the procedure for
handling allegations of child abuse or neglect against a staff member,
including the requirements of
606 CMR 7.11(4)(e) and
(f);
4. job descriptions for all paid educator
positions;
5. the salary range
covering all positions. The licensee must provide each employee with
information regarding the salary range for his/her position or the procedure
for determining the salary for his/her position.
(m)
Administrative
Requirements. The licensee must designate in writing a person or
persons who shall function as a Program Administrator.
1. The Program Administrator must be
qualified for the responsibilities assumed.
2. The Program Administrator must have
overall responsibility for the operation of the program and must be authorized
to act as the licensee's agent.
3.
Educators must not perform administrative duties when they are assigned
teaching duties with groups of children.
4.
Plan for Shared
Administration. If the licensee employs more than one person to
assume administrative responsibilities, the licensee must have a written plan
describing how duties will be shared.
5.
Plan for Administration of
Multiple Sites. If an administrator is responsible for multiple
sites, the licensee must submit a written plan for administration that
specifies:
a. the number of sites the
administrator is responsible for;
b. the number of hours per week the
administrator will spend at each program;
c. the person who will assume responsibility
for administration when the designated administrator is unavailable.
6.
Notification of
Change of Administrator. The licensee must provide prior
notification, in writing, to the Department of any change of the person
designated by the owner or the governing body as having responsibility for
administration of the program.
7.
Provisions for Temporary Absence of Administrator. The licensee shall inform
all staff on duty as to who is responsible for administration of the program at
any given time.
a. In the event of a temporary
absence of the administrator lasting no longer than two weeks, the
administrator must appoint a designee who shall be on the premises of the
center while it is in operation.
b.
The designee shall meet the qualifications of a family child care provider as
required for the number of children served, or of a teacher, as required by
606 CMR
7.09(18)(c)2., or site
coordinator, as required by
606 CMR
7.09(19)(a)3., as
appropriate to the age group served.
8.
Administrative
Staffing. At least one administrator meeting the qualifications
specified at 606 CMR 7.04(17)(m)9. must be on the premises full time during the
hours of program operation. Administrative duties may be shared by two or more
individuals if:
a. each individual has
non-teaching administrative time; and
b. the combined non-teaching administrative
time of all administrative designees fulfills the requirements specified at 606
CMR 7.04(17)(m)9.:
| Regulation 606 CMR 7. 04(17)(m)9. | Licensed Capacity | Hours of Operation Per Day | Required Non-Teaching Administrative Time | Administrator Qualifications |
| a. | No more than ten infant - school-age | Any # of hours | 0 | Family Child Care Provider or Teacher or Site Coordinator |
| b. | 11 through 13 infant - preschool | Any # of hours | 0 | Lead Teacher |
| c. | 14 through 26 infant - preschool | Less than four | 0 | Lead Teacher |
| d. | 14 through 26 infant - preschool | Four or more | 0 | Director I |
| e. | 27 through 39 infant - preschool | Any # of hours | 50% FTE | Director I |
| f. | 40 through 79 infant - preschool | Any # of hours | 100% FTE | Director I |
| g. | 80+ infant - preschool | Any # of hours | 100% FTE | Director II |
| h. | 11 through 52 school age children | Any # of hours | 20% FTE | School Age Administrator |
| i. | 53+ school age children | Any # of hours | 100% FTE | School Age Administrator |
10.
In the event of a temporary absence of the administrator, the designee may
remain in the staff-child ratios for no more than three consecutive days when
non-teaching administrative time is required.
11. In programs serving school age children,
% of the non-teaching administrative time may be provided outside of program
hours.
(n) The licensee
must maintain on site a copy of its Integrated Pest Management Plan.
(o) The licensee must maintain documentation
of appropriate staffing at all times, including when regularly assigned
educators are absent due to illness, personal business or vacation;
(p)
Required
Postings. In addition to the information required to be posted by
606 CMR 7.04(14) the licensee must post the following information:
1. the location of the health care
policy;
2. the name, address and
telephone number of the health care consultant;
3. the location of the first aid kit;
and
4. next to each exit, emergency
and evacuation procedures.
(18) Additional Requirements for Large Group and School Age Child Care Programs.
(a) The licensee must have and submit a
projected one-year operating budget that estimates income and expenses. In
addition, a program that has not previously operated must document and submit
proof of financial capability to carry out its program for at least a three
month period.
(b)
Transitions. The licensee must describe in writing the
program's procedures for transitioning a child between classrooms and programs.
The procedures must include:
1. collaboration
and information sharing between educators in each classroom or program, with
parental permission; and
2. a plan
for assisting the child with the transition in a manner consistent with the
child's ability to understand.
(c)
Staff Records.
In addition to the information required by 606 CMR 7.04(5), the licensee must
maintain in each personnel record:
1. the
employee's resume or job application;
2. documentation of the employment
interview;
3. the staff information
form;
4. documentation of two
verbal reference verifications, including one professional or academic
reference;
5. evidence of completed
background record checks, as required by
102 CMR
1.05(2) and
606 CMR 14.00;
6. documentation of ongoing supervision and
annual evaluations, as required by
606 CMR
7.09(17)(b) and (c), as
applicable; and
7. documentation of
any disciplinary actions or investigations.
(d) The licensee must maintain on site:
1. a current staff records check list that
reflects all regular employees, and
2. copies of licenses, certifications and
registrations held by all regular staff, if any.
(e) For all staff temporarily assigned to the
program the licensee must have available on site documentation of compliance
with EEC Background Record Checks, health requirements, first aid training
requirements and staff qualifications.
(f) If a Site Coordinator serves as the
School Age Administrator for the program, the Site Coordinator must be
supervised by a qualified School Age Program Administrator, who may be
off-site.
(g) Programs serving
children younger than school age must assure that:
1. the designated administrator is lead
teacher qualified for each age group served. Alternatively, administrative
duties may be shared by two or more individuals if each individual is at least
lead teacher qualified for the group s/he administers.
2. a person who is lead teacher qualified for
each age group served is on the premises full time. This may be the designated
administrator.
3. in programs with
a licensed capacity greater than 39, one additional lead teacher qualified
person must be on the premises full time for every 40 additional
children.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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