Current through September 24, 2024
(1) All Programs shall be staffed with a
director and enough teachers and staff to meet the required adult:child
ratios.
(2) Every staff person,
including auxiliary staff, substitutes, volunteers, and practicum students,
shall be physically, mentally, and emotionally capable of using the appropriate
judgment for the care of children, and otherwise performing his/her duties
satisfactorily. A person who has a physical, mental, or emotional condition
which is in any way potentially harmful to children shall not be present with
the children.
(3) Every staff
person, both paid and unpaid, shall be at least twenty-one (21) years of age in
order to work in an early child care Program.
(4) At least one (1) adult available on the
premises at all times during Program operating hours shall be able to read and
write English.
(5) Prior to
assuming duties, each new employee shall receive two (2) hours of orientation,
and be able to explain the Program philosophy, emergency procedures, policies
regarding discipline of children, policies regarding the reporting of child
abuse, Sudden Infant Death Syndrome (SIDS), and policies for receiving and
dismissing children.
(6) Within the
first two (2) weeks on the job and annually thereafter, each employee,
including directors, teachers, substitutes, volunteers, and practicum students,
shall receive annual instruction in:
(a) Child
abuse detection, reporting, and prevention;
(b) Parent-center communication;
(c) Disease control and health
promotion;
(d) An overview of
certificate of approval requirements;
(e) Information on risks of infection to
female employees of childbearing age;
(f) Food allergies;
(g) Supervision during high risk activities
such as eating and outdoor play;
(h) Meal service and safe food preparation policies;
(i) Shaken baby syndrome;
(j) Abusive head trauma;
(k) Safe sleep procedures;
(l) Developmentally appropriate practices;
and
(m) Policies regarding
discipline and supervision of children.
(7) All training shall be documented in the
Program's records and be available for review by the Department's staff at any
time.
(8) The Program must maintain
written documentation that each employee has read the full set of all
applicable rules. In addition, a copy of these rules shall be maintained in an
area that is readily accessible to all staff.
(9) Each Program location where children are
present shall have an on-site director. The on-site director, with the guidance
of the board or owner of the Program, shall be responsible for staff and the
day-to-day operation of the Program. On-site directors shall meet the following
criteria:
(a) The on-site director of a
Program shall be a full-time employee and shall be physically present in the
Program's facilities daily at least half of the total hours of
operation.
(b) A director shall be
at least twenty-one (21) years of age if hired after June 30, 2017 and shall
meet at least one (1) of the minimum qualifications listed below:
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Education level
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Minimum experience required
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Graduation from an accredited four-year (4-year)
college.
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One (1) year of full-time experience in a group
setting. Experience may be paid or unpaid. (2 years school-age care experience
= 1 year full-time experience)
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Sixty (60) semester hours of college training, with
at least thirty (30) hours of which shall be in business or management, child
or youth development, early childhood education or related field.
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Two (2) years of full-time experience in a group
setting. Experience may be paid or unpaid. (2 years school-age care experience
= 1 year full-time experience)
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High school diploma (or high school equivalency
credential approved by the State Board), and Tennessee Early Childhood Training
Alliance (TECTA) certificate for completing thirty (30) clock hours of
orientation training, or the equivalent as recognized by the Department.
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Four (4) years of full-time experience in a group
setting. Experience may be paid or unpaid. (2 years school-age care experience
= 1 year full-time experience)
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Has been continuously employed as an on-site
Program director or child care agency owner since July 1, 2000.
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Not applicable.
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(c)
Within the first thirty (30) days of employment by a Program, a director shall
complete an orientation provided by the Department of Education.
(d) Directors shall complete at least thirty
(30) hours of professional development, of which six (6) hours shall be in
administration management or supervisory training and six (6) hours shall be in
developmentally appropriate literacy practices.
(e) If a director serves a dual role (e.g. an
individual serving as the director and a teacher), the duties of each role
shall be performed separately and not simultaneously.
(10) Programs may employ an on-site assistant
director. An assistant director or other staff member shall be designated to be
in charge in the absence of the director and all staff shall be notified of
this designation. On-site assistant directors shall meet the following
criteria:
(a) The on-site assistant director
shall be at least twenty-one (21) years of age if hired after June 30, 2017 and
shall have at least two (2) years of college training or a Department
recognized credential and one (1) year of full-time or two (2) years of
part-time school-age care documented work experience (paid or un-paid) in a
group setting; or
(b) The on-site
assistant director shall be at least twenty-one (21) years of age and shall
have earned a high school diploma or high school equivalency credential
approved by the State Board and two (2) years of full-time or four (4) years of
part-time school-age care documented work experience (paid or unpaid) in a
group setting.
(c) Within the first
thirty (30) days of employment, assistant directors shall complete an
orientation provided by the Department of Education child care program
evaluator.
(d) Assistant directors
shall complete at least thirty (30) hours of professional development, of which
six (6) hours shall be in developmentally appropriate literacy practices and
three (3) hours shall be in administration management or supervisory
training.
(11) All
teachers and assistant teachers shall be at least twenty-one (21) years of age
if hired after June 30, 2017 and shall meet the following criteria:
(a) Before assuming teaching duties, teachers
and assistant teachers shall complete two (2) clock hours of pre-service
orientation training offered or recognized by the Department. Pending
completion of the orientation training, the teacher's employment status with
the Program is conditional. Up to two (2) hours of training credit may be
earned for Child and Adult Care Food Program (CACFP) training or USDA Free and
Reduced Price Meal Program training.
(b) Full-time teachers and assistant teachers
shall complete at least thirty (30) hours of professional
development.
(c) At least six (6)
hours of the required professional development shall be obtained outside of the
Program. At least six (6) hours of the professional development shall be in
developmentally appropriate literacy practices.
(d) Teachers shall be evaluated for knowledge
and understanding of growth and development patterns of children and
understanding of appropriate activities for children as well as those with
special needs.
(12)
Part-time teachers and teaching assistants shall meet the following criteria:
(a) Prior to assuming duties, part-time
teachers and assistant teachers shall complete two (2) clock hours of
pre-service orientation training offered or recognized by the
Department.
(b) Part-time teachers
and assistant teachers shall complete at least fifteen (15) hours of
professional development, of which three (3) shall be in developmentally
appropriate literacy practices and three (3) shall be obtained outside of the
Program.
(c) Part-time teachers
shall be evaluated for knowledge and understanding of growth and development
patterns of children and understanding of appropriate activities for children
as well as those with special needs.
(13) Substitute teachers shall meet the
following criteria:
(a) Substitutes shall
comply with the same orientation requirements defined by these rules for all
Program staff and shall be provided a classroom orientation prior to assuming
duties.
(b) Substitutes who have
acted as teachers for two hundred (200) or more hours in the previous calendar
year shall meet the training requirements contained in the rules for part-time
teachers.
(c) Auxiliary staff may
be used as emergency substitutes if their qualifications permit, but not while
performing auxiliary duties.
(d)
Substitutes shall meet the criminal background check requirements and the same
requirements as regular staff for the physical examination required by this
Chapter.
(e) Practicum Students.
Persons serving temporarily as teachers in field service placements as part of
an educational course of study or other curriculum requirement shall not be
considered as substitutes for purposes of this paragraph.
(14) A volunteer is a person who provides
services for a child care center without payment and who is used to supplement
the regular staff or substitutes. Volunteers shall not be included in the
adult:child ratios. The on-site director shall be responsible for and supervise
the activities of volunteers to assure the safety of children.
(15) All child care programs shall require
any person employed in a position requiring proximity to children to:
(a) Provide evidence of the following:
1. Department of Health Vulnerable Persons
Abuse Registry check;
2. TBI/FBI
Fingerprint and Background check; and
3. TBI/FBI Sex Offender Registry.
(b) This evidence shall be
obtained by the Program prior to employment.
(c) The Program shall immediately review the
report of the background check received from the Tennessee Bureau of
Investigation, and shall immediately consult with the Department to resolve any
questions relative to the person's status. Upon determination that the person's
status prohibits the person from having access to children as described in this
Chapter, the Program shall immediately exclude such person from access to
children. Failure to exclude the person under this part will result in
immediate suspension of the Program's certificate of approval.
(d) A new fingerprint sample must be
obtained, for all employees, every five (5) years.
(16) No individual with a prohibited criminal
history as defined below may work, substitute or volunteer in a Program, be an
owner, director or manager of a Program who has access to children, have
significant contact with children or otherwise have unrestricted access to
children in any manner whatsoever. An individual shall be immediately and
automatically excluded from a Program or any contact whatsoever with children
if the individual's criminal history includes:
(a) A criminal conviction or a no-contest or
guilty plea; or any pending criminal action, including individuals subject to
any warrant, indictment or presentment, etc.; or placement in a pretrial
diversion; or
(b) A pending
juvenile action or previous juvenile adjudication, which, if an adult, would
constitute a criminal offense; and
(c) Any of the circumstances in (a) or (b)
above involves any of the following criminal offenses:
1. Any offense (including a lesser included
offense) involving the physical, sexual or emotional abuse or gross neglect of
a child or involving a threat to the health, safety or welfare of a
child;
2. Any offense (including a
lesser included offense) involving violence, or the threat of violence against
another person; and/or
3. Any
offense (including a lesser included offense) involving, the manufacture, sale,
distribution or possession of any drug.
(17) An individual shall also be immediately
and automatically excluded from the Program or from access in any manner
whatsoever to the children in the care of the Program, if the individual:
(a) Reveals a prohibited or potentially
prohibited criminal history on the criminal history disclosure form;
(b) Is listed on the Department of Health's
Vulnerable Persons Abuse Registry; or
(c) Is known to the Program as a perpetrator
of child abuse or child sexual abuse or to have a prohibited criminal record,
who is identified to the Program's management by the Department of Children's
Services as a validated perpetrator of abuse of a child based upon an
investigation conducted by the Department of Children's Services or by the
child protective services agency of any other state; or, who at any time is
identified by any person or entity to the Program's management and is confirmed
by the Department as having a prohibited criminal history.
(18) An individual with a prohibited history
as set forth below shall be immediately and automatically excluded from
providing driving duties on behalf of the Program if the individual:
(a) Has a pending criminal action (including
warrants, indictments, presentments, etc.) is completing pretrial diversion, or
has been convicted of or pled guilty to any offense involving the use of a
motor vehicle while under the influence of any intoxicant, which constitutes a
violation of T.C.A. §§
39-13-213; 55-10-101; 55-10-102 or
55-10-401; or
(b) Has been
convicted of or pled guilty to any felony involving use of a motor vehicle
while under the influence of any intoxicant. In such case, the individual shall
not be employed or otherwise serve as a driver for a Program for a period of
five (5) years from the date of the conviction or guilty plea.
(19) An individual who has been
identified by the Department of Children's Services as having neglected a child
based on an investigation conducted by the Department of Children's Services,
or any child protective services agency of any state, and who has not been
criminally charged or convicted or pled guilty as stated above, shall be
supervised by another adult while providing care for children.
(20) Any person who is excluded or whose
certificate of approval or operator status is denied based upon the results of
the criminal history background review or based upon any other determination
may request in writing to the Department within ten (10) calendar days of
receiving notice of such exclusion or denial, a waiver from these automatic
exclusion requirements.
(a) Requests for a
waiver shall state the basis for the request, including any extenuating or
mitigating circumstances that would, in the person's opinion, clearly warrant
an exemption from the exclusion. Any documentary evidence may also be submitted
with the request.
(b) Requests for
waivers shall be heard by an advisory committee, composed, at a minimum, of law
enforcement personnel, persons experienced in child protective services,
persons experienced in child development issues and child care providers issued
a certificate of approval by the Department and reviewed by the
Department.
(c) Any person who is
excluded from providing care or services to children under any provisions of
this subchapter shall remain excluded pending the outcome of any exemption
review and appeals.
(21)
The Department may, at any time, request that the criminal background status or
the Department of Health's Vulnerable Persons Abuse Registry of any individuals
having access to children under any of the circumstances set forth in this
subchapter be reviewed using the processes described above.
(22) The employment status of persons for
whom a post-employment criminal background check was conducted, or the status
of existing Program owners or operators, substitutes or volunteers of a Program
for whom a criminal background check was conducted after issuance of a
certificate of approval or after employment or assuming duties as a volunteer
or substitute, and who were not otherwise subject to a pre-status applicant
background check and to the exclusionary provisions provided in this
subchapter, shall be governed by the provisions of this Chapter.
Authority: T.C.A. §§
4-5-201, et seq.; 49-1-302(l);
49-1-1101 through 49-1-1109; 49-2-203; 49-5-413; and 71-3-507(g) and
(h).
