Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 391 - CHILDREN'S SERVICES LICENSING
Chapter 5 - PRESCHOOLS
Section 391-5-002 - DEFINITIONS
Accredited school means a public school district or a nonpublic school or group of nonpublic schools under a governing body organized to provide education in elementary, middle, secondary, and/or high school grades accredited pursuant to 92 NAC 10.
Adequate and appropriate supervision includes:
1. Knowing the whereabouts and being within sight or sound of all children at all times;
2. Being awake, alert, attentive, and responsive to the needs of all children, and
3. Protecting or removing children from harm.
Agency representative means an individual employed by or under contract with the Nebraska Department of Health and Human Services, the State Fire Marshal, or their designated agents.
Ages of Children:
1. Infant means a child age 6 weeks to 18 months;
2. Toddler means a child age 18 months to 3 years;
3. Preschooler means a child age 3 or older who has not attended kindergarten; and
4. School-ager means a child who attends kindergarten or above.
Approved school means a nonpublic school or group of nonpublic schools under a governing body organized to provide education in elementary and/or secondary grades approved pursuant to Title 92 NAC 14.
Certificated teacher means an individual who holds a valid Teaching Certificate issued by the Nebraska Department of Education.
Child care means the care and supervision of children in lieu of parental care and supervision and includes programs. (See definition of program.)
Department means the Nebraska Department of Health and Human Services.
Designee means an individual given responsibility to act on another's behalf.
Director means the individual who is responsible for the daily operation of the preschool, including compliance with all regulations, when that individual is not the licensee, as provided in 391 NAC 5-006.01(4) and 391 NAC 5-006.02.
Early Childhood Training Center means the entity authorized in Neb. Rev. Stat. § 79-1102 and established within the Nebraska Department of Education. Its purpose is to train individuals who provide education and development activities for infants and young children and their parents.
Family means individuals who are not household members and have one or more children enrolled in the child care program.
GED means a General Educational Development credential, also sometimes known as a General Education Diploma or General Equivalency Diploma.
Health authority means the local health department, which by law has the authority and duty for communicable disease control in the counties under its jurisdiction.
Household member means any individual residing in or regularly present in the preschool, including children and youth for whom 24-hour care is provided.
Licensed health care professional means an individual for whom administration of medication is included in the scope of practice.
Licensee means the owner of the preschool program and the individual, partnership, limited liability company, corporation, or governmental unit to whom the license is issued and who is responsible for compliance with all regulations.
Locked storage means a container or closet used to store poisonous materials, medications, and weapons that is secured by lock and key, combination lock, or magnetic lock approved by the Department.
NAC means the Nebraska Administrative Code, the compiled regulations of all state agencies maintained by the Secretary of State. Properly adopted regulations have the force and effect of law. These regulations are 391 NAC 5. Within this chapter, references to other parts of the same chapter do not show "391 NAC"; they are shown simply as 5-003.01, for example. References to different regulations show the full citation; for example, 179 NAC 2-002.
Parent means the natural parent, adoptive parent, step parent, guardian, or other legally responsible custodian.
Physical hold means applying minimal physical force by placing the arms around a child to restrict the child's movement.
Premises means the home or facility, including areas of the home or facility not used for child care/preschool, all attached and all outbuildings, and all areas included within the lot boundaries.
Preschool means a partial-day early childhood program for children age three and older that provides primarily education services and where children do not nap and are not served a meal.
Program means the provision of services in lieu of parental supervision:
1. For children under 13 years of age;
2. For compensation, either directly or indirectly; and
3. On the average of less than 12 hours per day, but more than two hours per week.
Program includes any employer-sponsored child care, family child care home, child care center, school-age child care program, school-age services under Neb. Rev. Stat. § 79-1104, or preschool or nursery school.
Proper hand washing means washing and scrubbing the hands for at least 20 seconds with soap and warm running water, rinsing well under running water, and drying with a paper towel, air dryer, or clean towel.
Restraint means the use of manual restraints (direct application of physical force) or mechanical restraints (straps, belts, towels, blankets, tape) or other means to subdue a child or otherwise limit a child's freedom of movement. Restraint does not refer to physical holds or braces or other devices used to assist, obtain, and maintain normal body function.
Room means an area with four walls flush from the floor to the ceiling and at least one passageway or doorway. A partition is considered a wall if the partition is at least four feet high, is flush to the floor and to the other walls.
Special needs means a child has a requirement for extra care because of an acute or chronic physical or mental condition. Acute special needs include temporary conditions that require special medical attention and isolation from other children, e.g., recovery from surgery, etc. Chronic special needs include long-standing medical or behavioral problems that require medical, behavioral or other services at all times, e.g., medically fragile, attention deficit, etc. To be considered a child with a special need, the child must have one or more of the following conditions which are not related to chronological age:
1. Emotional impairment: including behavioral impairment, requiring special equipment or assistance;
2. Developmental age level lower than chronological age and requires assistance via special supervision;
3. Movement impairment: requires assistance or is unable to move;
4. Sensory impairment: requires special environmental modifications or assistance;
5. Speech impairment: requires special equipment or assistance;
6. Hygiene: requires assistance or special equipment;
7. Feeding: requires special equipment or assistance;
8. Toileting: requires assistance or special equipment;
9. Medical conditions: requires respiratory aids or special procedures;
10. Therapy required: physical, occupational, speech, or respiratory;
11. Medications: requires assistance or special procedures.
Diseases such as measles, chicken pox, flu, etc., are not considered special needs.
Staff means an individual who provides direct care to the children attending the preschool, including the licensee, director, teacher, aide, and any other individual who counts in the staff-to-child ratio.
Support staff means an individual employed by the preschool as a food service, clerical, custodial, or transportation staff.
Swimming pool means any artificial basin of water modified, improved, constructed, or installed for the purpose of swimming, wading, diving, recreation, or instruction. Swimming pool includes, but is not limited to, a pool on the preschool premises, a pool serving a community, a subdivision, an apartment complex, a condominium, a club, a camp, a school, an institution, a park, a manufactured home park, a hotel, a motel, a recreational area, or a water park. Swimming pool includes a spa, hot tub or whirlpool or similar device which is designed for recreational use and not to be drained, cleaned and refilled after each individual use.
Teacher means an individual who is responsible for the direct care of the children.
Uncompensated parent helper means the parent of a child enrolled in the preschool who without compensation, assists in the care of children, who does not count in the staff-to-child ratio, and who is not left alone with children other than his/her own at the preschool.
USCIS means United States Citizenship and Immigration Services.
Volunteer means an individual who assists in the care of children, who does not count in the staff-to-child ratio, and is not left alone with children other than his/her own at the preschool.
Wading pool means a portable, above-ground basin filled with 12 or fewer inches of water, and designed for the purpose of wading.
