Rules & Regulations of the State of Tennessee
Title 0520 - Education
Subtitle 0520-12 - Department of Education Office of the Commissioner
Chapter 0520-12-01 - Standards for School Administered Child Care Programs
Section 0520-12-01-.05 - PROGRAM ORGANIZATION AND ADMINISTRATION
Universal Citation: TN Comp Rules and Regs 0520-12-01-.05
Current through September 24, 2024
(1) Each program shall have an adequate budget for the financial support of the program. Adequate financing of the center's operation shall be maintained throughout the year.
(a) Proposed budgets and other relevant
financial records shall be available to the Department of Education upon
request.
(b) If any program is the
subject of any bankruptcy or receivership petition or order, or any other
action that may affect the financial status or operational status of the
program, including but not limited to foreclosure notices, liens, etc. or, if
any program is the subject of any local, state or federal regulatory action,
such as but not limited to, the fire safety, health, environmental zoning or
local, state or federal grant compliance status or tax enforcement proceedings,
the program's management shall immediately notify the Department and shall
provide current documentation of the status of the program, including copies of
necessary administrative and/or court legal documents applicable to that
status.
(2) General liability, automobile liability and medical payment insurance coverage shall be maintained on the operations of the program's facilities and on the vehicles owned, operated or leased by the program and as follows:
(a) General liability coverage on the
operations of the program's facilities shall be maintained in a minimum amount
of five hundred thousand dollars ($500,000) per occurrence and five hundred
thousand dollars ($500,000) general aggregate coverage.
(b) Medical payment coverage shall be
maintained in the minimum amount of five thousand dollars ($5,000) for injuries
to children resulting from the operation of the program.
(c) Automobile coverage for programs that
transport children:
1. Automobile liability
coverage shall be maintained in a minimum amount of five hundred thousand
dollars ($500,000) combined single limit of liability.
2. Medical payment coverage shall be
maintained in the minimum amount of five thousand dollars ($5,000) for injuries
to children being transported in vehicles owned, operated or leased by the
program.
(d) The
requirements of this paragraph shall not apply to a program that is under the
direct management of a self-insured administrative department of the state, a
county or a municipality or any combination of those three (3) or that has, or
whose parent entity has a self-insurance program that provides, as determined
by the Department, the coverage and the liability limits required by these
rules.
(e) Documentation that the
necessary insurance is in effect, or that the administrative department or
other entity is self-insured, shall be maintained in the records of the program
and shall be available for review by the Department.
(3) Enrollment.
(a) A program shall not enroll a child into
care until the parent or guardian has supplied the program with a completed
application, Tennessee Department of Health Official immunization record (for
children over two (2) months of age), and a health history.
(b) Exceptions to this immunization
requirement may be made only if:
1. The
child's physician or the health department provides a signed and dated
statement, giving a medical reason why the child should not be given a
specified immunization;
2. The
child's parent provides a signed written statement that such immunizations
conflict with his/her religious tenets and practices; or
3. Care for children of homeless families
and/or children in state custody is needed before documentation of
immunizations can be confirmed. Program must have a written plan for obtaining
records for children who are homeless and/or in state custody.
(c) Programs may not deny
enrollment to students based on citizenship status. (Plyler v. Doe, 457
U.S. 202, 1982).
(d)
Enrollment of children under six (6) weeks of age is prohibited.
(e) The program shall maintain documentation
that the parent was offered an on-site visit of the program to review the
facility and the opportunity to review the program's policies and procedures
prior to the child being enrolled into the program. Exception: On-site visit is
not required for children of homeless families.
(f) Enrollment of children shall be allowed
throughout the year, as long as the requirements set forth in these rules are
met.
(4) Each program shall implement a plan for regular and ongoing communication with parents. This plan shall include but not be limited to communication concerning curriculum, changes in personnel, or planned changes affecting children's routine care.
(a) Parents or guardians shall be provided a
parent handbook outlining the program's policies, procedures, and the
requirements of this Chapter upon admission of the child. The program's parent
handbook shall include, at a minimum:
1.
Criteria for the disenrollment of children (expulsion policy);
2. Specific criteria concerning the release
of children to anyone whose behavior may place the children at immediate
risk;
3. Behavior management
techniques;
4. Rates and late fee
policy;
5. Hours of
operation;
6. Emergency plan and
inclement weather policy;
7. Smoke
free environment; and
8. Meal
service policy.
(b) The
program shall require the parent to sign for receipt of the policies and
summary of the requirements of this Chapter, and the signed receipt shall be
maintained by the program in the child's file.
(c) Parents shall be permitted to see the
professional credential(s) of program staff upon request.
(d) An abuse prevention awareness program or
abuse prevention awareness information for parents shall be offered at least
once a year. The program shall include a child abuse prevention component,
approved by the Department of Education, with information on the detection,
reporting, and prevention of child abuse in child care centers and in the
home.
(e) After issuing two (2)
formal notices of violations in compliance with rules, a Notice of Probation,
or after issuing any type of legal enforcement order, the Department may, in
its discretion, require the program to notify parents and funding sources of
the circumstances.
(f) The
Department may, at its discretion, notify parents and funding sources of any
decision affecting the program rendered by the State Board of Education Child
Care Advisory Council serving in the role of Hearing Board for appeals or by
any court.
(5) Release of Children
(a) Parents shall give written
permission in advance of the child's removal from the premises, including prior
notification and consent for each off-site activity, except in cases of
emergencies or investigative procedures conducted pursuant to the child
protective services laws or other applicable laws.
(b) Children shall be signed in and out of
the program by the legal guardian or persons authorized on the list to pick up
the child. Students transported to the program pursuant to
0520-12-01-.13 may
be signed in and out by the appropriate staff person. Program staff shall
verify parental authorization and the identity of any person to whom a child is
released.
(c) Children shall only
be released to a designated person in accordance with the child release plan.
The program shall verify the identity of the authorized person by requiring
presentation of a photo identification. The person to whom the child is
released must sign the child out of the program.
(d) Children should not be released to anyone
whose behavior, as deemed by a reasonable person, may place him/her in imminent
risk. Immediately call 911, the local law enforcement agency or other emergency
services number prior to the release of children. If the person, displaying
risky behavior, is not the parent, the program shall not release the child and
the parent shall be called immediately.
(e) During operating hours, parents shall be
permitted access to their children. Programs shall develop a policy and
implementation plan regarding non-custodial parent access and/or denial of
access to children. The policy and implementation plan shall be provided to all
parents. (The policy may be included in the parent handbook.)
(f) A parent shall be notified before the
child leaves the premises except in emergency circumstances. An authorized
investigator with the Department of Children's Services or local law
enforcement may take a child off the premises of the program if he/she has
obtained custody of the child as follows:
1.
Voluntary placement agreement with the parent;
2. Court order;
3. Emergency assumption of custody under
T.C.A. §
37-1-113
without parental permission;
4. The
child's parent or legal guardian is present and approves; or
5. In conjunction with investigative
procedures under the child abuse laws.
(6) Incidents, accidents and injuries shall be reported to the parent as soon as possible, but no later than the child's release to the parent or authorized representative.
(a) Incidents, accidents and injuries to
children shall be documented immediately as follows:
1. Date and time of occurrence;
2. Description of circumstances;
and
3. Action(s) taken by the
program.
(b)
Documentation of incidents, accidents and injuries to children shall be filed
in the child's record no later than one (1) business day immediately following
the occurrence.
(c) The Department
shall be notified of any child fatality at the program no later than one (1)
calendar day immediately following the death.
(7) All programs must comply with the following record requirements for children and staff:
(a) All records shall be maintained in an
organized manner and shall be made available to the Department upon
request.
(b) Children's Records
shall include:
1. A current information form,
which shall be updated annually and as changes occur and which shall include:
(i) The child's name and date of
birth;
(ii) Name of
parent(s);
(iii) Child's and
parents' home address (or addresses) and phone numbers;
(iv) Parents' business addresses, phone
numbers, and approximate work hours;
(v) Any special needs or relevant history of
the child or the child's family; and
(vi) The name and address (home and business
or school) of a responsible person to contact in an emergency if parent(s)
cannot be located promptly.
2. Name, address, and telephone number of a
physician to call in case of an emergency.
3. Written consent of parent(s) regarding
emergency medical care.
4. A
written plan stating to whom the child shall be released.
5. Written transportation agreement between
parent and the program regarding daily transportation between home and the
program and the program and school. If parents have a third party
transportation arrangement, verification and details of the arrangement shall
be maintained in the child's file.
6. A copy of the child's health history
provided by the child's parent or other caretaker, which need not be signed or
certified by a health care provider, shall be on file in the program and shall
be available to appropriate staff.
7. Daily attendance records for each child to
include time in and time out.
8.
Prior written permission of parent for each off-site activity.
9. Immunization Record.
(c) A child's records shall be kept for one
(1) year following the child's leaving the agency; provided, however, that the
health record shall be returned to the child's parent upon request when the
child leaves the agency. Records of children enrolled in pre-kindergarten
programs may be made part of the child's cumulative file.
(d) Additional information for infants,
toddlers and all non-verbal children shall be recorded and shared with parents
daily as follows: the time and amount of feeding, any incidence of excessive
spitting up, toileting and/or times of diaper changes, sleep patterns, and
developmental progress. Before a child under the age of thirty (30) months of
age is accepted for care, the parent shall provide proof of a physical
examination within three (3) months prior to admission, signed or stamped by a
physician or health care provider. This record must be kept on file at the
program.
(e) School-age children's
records shall include:
1. An information form
that list the name, address, and phone number of the school the child
attends;
2. If the school-age
program is not located within the school in which the child is enrolled, the
program shall have on file a statement from the parent (or the school) that the
child's immunizations are current and that his/her health record is on file at
the specified school which the child attends;
3. The records of any child who is five (5)
years old in a center which lacks approved kindergarten status for purposes of
T.C.A. §
49-6-201
shall include a signed acknowledgment from the child's parents that recognizes
that the child's attendance does not satisfy the mandatory kindergarten
prerequisite for the child's enrollment in first grade. The statement of
acknowledgment shall be maintained in the child's file; and
4. Written authorization from a physician for
the self-administration of medication for the current school year, if
applicable.
(f) Staff
records shall include:
1. Name, birth date,
social security number, (used by the employer for Federal/State tax purposes),
address, and telephone number of all staff members and a contact for each staff
member in an emergency;
2.
Educational background and educational experiences, including dates and places
of diplomas received, teaching license if applicable, and conferences, courses,
and workshops attended throughout the year;
3. Documentation signed by the examining
licensed physician, licensed psychologist, licensed clinician, Nurse
Practitioner, or Physician's Assistant, verifying that the staff person is
capable of safely and appropriately providing care for children in a group
setting. The documentation shall be on file within ten (10) calendar days of
employment or starting to work. An updated statement of each staff member's
physical health shall be obtained every third (3rd) year, or more often if
deemed necessary by the Department;
4. At least three (3) references from
non-relatives, either written or with documented interviews of each reference
on each staff member;
5. Written,
verified record of employment history;
6. Documentation of annual performance
reviews;
7. Daily attendance
(including time in/out) of staff;
8. Signed and completed criminal history
disclosure form;
9. Verification of
criminal background check and Vulnerable Persons Registry results;
10. Documentation of trainings to include all
pre-service training hours; and
11.
Date of employment and date of separation from the program.
12. Driver records shall additionally
contain:
(i) Copy of driver's license showing
proper endorsement;
(ii)
Verification of a passed pre-employment drug screen;
(iii) Verification that the driver is
included in every randomly generated pool of drivers for all annual random drug
screening and proof of a passed drug test every time the driver is randomly
selected; and
(iv) Verification of
Cardiopulmonary Resuscitation (CPR) and First Aid certifications. Drivers only
providing transportation for field trips with a program staff on board are not
required to have CPR and First Aid certification.
(g) Staff records shall be
maintained for at least one (1) year following the separation of the staff from
the program. Date of separation should be placed on the staff form.
(h) Records of volunteers shall be maintained
and must include names, addresses, telephone numbers and dates of service of
all volunteers.
(i) Records of
substitutes shall be maintained and include the names, addresses, telephone
numbers and dates of service of all substitutes.
(8) The program staff shall not disclose or knowingly permit the use by other persons of any information concerning a child or family except as required by law, regulation or court order, or as may be necessary to be disclosed to public authorities in the performance of their duties and which may be necessary for health, safety, or welfare of any child enrolled in the program or the child's family.
(9) Programs shall meet the following requirements for the posting of documentation:
(a) During the hours of operation, the
current certificate of approval shall be posted near the main entrance in a
conspicuous location.
(b) The
Department of Human Services' toll-free complaint number shall be posted in a
conspicuous location.
(c) The
Department of Children's Services' child abuse number shall be posted near the
main entrance in a conspicuous location and at each telephone.
(d) A copy these state board rules shall be
maintained in a central space and available to all staff and parents.
(e) No smoking signs shall be posted in a
conspicuous manner.
(f) The program
shall post any other materials as directed by the Department.
Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-403(a)(8); 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2-2110; 49-6-2101; 49-6-2105; 49-6-2107; 49-6-2108; 49-6-2114; 49-6-2116; 55-9-602, et seq.; 55-50-301, et seq.; and 55-50-401, et seq.
Disclaimer: These regulations may not be the most recent version. Tennessee 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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