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1998 SESSION

984216745
SENATE BILL NO. 594
Offered January 26, 1998
A BILL to amend the Code of Virginia by adding sections numbered 63.1-202.02, 63.1-202.03, and 63.1-202.04, relating to qualifications for licensed child day center personnel.
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Patrons-- Ticer, Couric, Edwards, Gartlan, Houck, Howell, Lambert, Lucas, Marsh, Marye, Miller, Y.B., Walker and Whipple; Delegates: Almand, Darner, Hull, Moran, Plum, Rhodes and Watts
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Referred to the Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 63.1-202.02, 63.1-202.03 and 63.1-202.04 as follows:

§ 63.1-202.02. Administrators of licensed child day centers; qualifications.

A. As used in this section and § 63.1-202.03, "administrator" means a manager or coordinator designated to be in charge of the total operation and management of one or more licensed child day centers. The administrator may be responsible for supervising the program director or, if appropriately qualified under § 63.1-202.03, may concurrently serve as the program director.

B. Administrators who assume the responsibilities of administrator on or after November 1, 1993, who also perform the responsibilities of program directors shall be at least twenty-one years of age and meet one of the applicable program director qualifications in § 63.1-202.03.

C. In addition to the requirements under subsection B, the administrator of a program exclusively serving children with disabilities, who also performs the responsibilities of a program director, shall have completed at least fifteen semester hours or twenty-one quarter hours from an accredited college or university in areas related to children with disabilities, or sixty hours of training and education in areas related to children with disabilities.

D. The provisions of this section shall not apply to personnel in child day centers licensed under Part IX of Chapter 30 (22 VAC 15-30-680 et seq.) and Part IX of Chapter 40 (22 VAC 15-40-680 et seq.) of Title 22 of the Virginia Administrative Code as in effect on December 1, 1996.

§ 63.1-202.03. Program directors of licensed child day centers; qualifications.

A. As used in this section and § 63.1-202.02, "program director" means the primary, on-site director or coordinator designated to be responsible for developing and implementing the activities and services offered to children, including the supervision, orientation, training, and scheduling of staff who work directly with children, whether or not the program director personally performs these functions.

B. Program directors serving children of preschool age or younger shall be at least twenty-one years of age and shall possess one of the educational backgrounds in this subsection. For purposes of this subsection, for the programmatic experience to be considered age appropriate, at least some of the experience shall be with children of preschool age or younger:

1. A graduate degree in a child-related field from an accredited college or university and six months of age-appropriate, programmatic experience in the group care of children;

2. An endorsement or bachelor's degree in a child-related field from an accredited college or university and one year of age-appropriate, programmatic experience in the group care of children;

3. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which twelve semester hours or eighteen quarter hours are in subjects relating to group care of children and one year of age-appropriate, programmatic experience in the group care of children; or

4. Two years of age-appropriate, programmatic experience in the group care of children, of which one year of this experience shall be in a staff supervisory capacity, and one of the following educational backgrounds:

a. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university;

b. A one-year early childhood certificate from an accredited college or university that consists of at least thirty semester hours; or

c. A Child Development Associate's credentials or the equivalent as determined by the Department of Social Services based on documentation supplied by those claiming equivalency.

C. Program directors of licensed child day centers offering a program exclusively for children of preschool age or younger with disabilities shall be at least twenty-one years of age and possess one of the educational backgrounds in this subsection. However, any such program director hired or promoted before March 1, 1996, shall have until June 1, 1998, to obtain one of the following:

1. A graduate degree in a special needs related field from an accredited college or university and six months of programmatic experience in the group care of children with disabilities;

2. An endorsement or bachelor's degree in a special needs related field from an accredited college or university and one year of programmatic experience in the group care of children with disabilities;

3. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which twelve semester hours or eighteen quarter hours are in subjects relating to group care of children with disabilities and one year of programmatic experience in the group care of children with disabilities; or

4. Two years of programmatic experience in the group care of children with disabilities of which one year of this experience shall be in a staff supervisory capacity, and at least one of the following educational backgrounds:

a. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university;

b. A one-year early childhood certificate from an accredited college or university that consists of at least thirty semester hours; or

c. A Child Development Associate's credentials or the equivalent as determined by the Department of Social Services based on documentation supplied by those claiming equivalency.

D. Program directors serving school-age children shall be at least twenty-one years of age and shall possess one of the educational backgrounds in this subsection. However, a person between nineteen and twenty-one years of age may serve as a program director if supervised by an administrator who visits the center daily and who is at least twenty-one years of age and possesses an endorsement, bachelor's degree or associate's degree in a child-related field from an accredited college or university and one year of programmatic experience in the group care of children. For purposes of this subsection, for the programmatic experience to be considered age appropriate, at least some of the experience shall be with school-age children:

1. An endorsement, bachelor's, or associate's degree in a child-related field from an accredited college or university and six months of age-appropriate, programmatic experience in the group care of children;

2. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which twelve semester hours or eighteen quarter hours are in subjects relating to group care of children and one year of age-appropriate, programmatic experience in the group care of children;

3. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university and two years of age-appropriate, programmatic experience in the group care of children, of which one year of this experience shall be in a staff supervisory capacity;

4. Three years of age-appropriate, programmatic experience in the group care of children which has been obtained after the age of sixteen, and a high school diploma or G.E.D., if supervised by an administrator who possesses an endorsement, bachelor's degree or associate's degree in a child-related field from an accredited college or university and one year of programmatic experience in the group care of children; or

5. Certification by a nationally recognized accrediting body whose staff qualification standards meet minimum state regulations for the program director's position as determined by the Department based on documentation supplied by those claiming equivalency.

E. Program directors of licensed child day centers offering a program exclusively for school-age children with disabilities shall be at least twenty-one years of age and possess one of the educational backgrounds in this subsection. However, any such program director hired or promoted before March 1, 1996, shall have until June 1, 1998, to obtain one of the following:

1. An endorsement, bachelor's degree or associate's degree in a special needs related field from an accredited college or university and six months of programmatic experience in the group care of children with disabilities;

2. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which six semester hours or nine quarter hours are in subjects relating to group care of children and six semester hours and nine quarter hours are in subjects relating to group care of children with disabilities and one year of programmatic experience in the group care of children with disabilities;

3. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which six semester hours or nine quarter hours are in subjects relating to group care of children with disabilities, and two years of programmatic experience in the group care of children with disabilities of which one year of this experience shall be in a staff supervisory capacity;

4. Three years of programmatic experience in the group care of children of which at least two years shall be with children with disabilities and which shall have been obtained after the age of sixteen, and a high school diploma or G.E.D., if supervised by an administrator who is at least twenty-one years of age and possesses an endorsement, bachelor's or associate's degree in a child-related field from an accredited college or university and one year of programmatic experience in the group care of children; or

5. Certification by a nationally recognized accrediting body whose staff qualification standards meet the minimum licensing standards for the program director serving school-age children with disabilities based on documentation supplied by those claiming equivalency. Certification must recognize a proficiency in working with children with disabilities.

F. The provisions of this section shall not apply to personnel in child day centers licensed under Part IX of Chapter 30 (22 VAC 15-30-680 et seq.) and Part IX of Chapter 40 (22 VAC 15-40-680 et seq.) of Title 22 of the Virginia Administrative Code as in effect on December 1, 1996.

§ 63.1-202.04. Program leaders and child-care supervisors of child day centers; qualifications.

A. As used in this section, "program leader" or "child-care supervisor" means the individual designated to be responsible for the direct supervision of children and for implementation of the activities and services for a group of children.

B. Program leaders and child-care supervisors serving children of preschool age or younger shall be at least eighteen years of age and have a high school diploma or G.E.D. In addition, program leaders and child-care supervisors serving children of preschool age or younger who are hired or promoted on or after November 1, 1993, shall meet one of the program director qualifications in § 63.1-202.03 B or possess one of the educational backgrounds in this subsection. For purposes of this subsection, for the programmatic experience to be considered age appropriate, at least some of the experience shall be with children of preschool age or younger:

1. An endorsement or bachelor's degree in a child-related field from an accredited college or university;

2. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which twelve semester hours or eighteen quarter hours are in subjects relating to group care of children and six months of age-appropriate, programmatic experience in the group care of children;

3. A one-year early childhood certificate from an accredited college or university that consists of at least thirty semester hours and six months of age-appropriate, programmatic experience in the group care of children;

4. A Child Development Associate's credentials or the equivalent as determined by the Department of Social Services based on documentation supplied by those claiming equivalency; or

5. One year of age-appropriate, programmatic experience in the group care of children and participation in a staff training plan of at least ten hours. The training plan shall reflect care and education practices that are age and stage appropriate for children and shall be conducted within six months of employment or promotion.

C. Program leaders and child-care supervisors in licensed child day centers offering a program exclusively serving children of preschool age or younger with disabilities shall be at least eighteen years of age and have a high school diploma or G.E.D. In addition, any such program leaders and child-care supervisors who are hired or promoted on or after March 1, 1996, shall meet one of the program director qualifications in § 63.1-202.03 C or possess one of the following:

1. An endorsement or bachelor's degree in a special needs related field from an accredited college or university;

2. Forty-eight semester hours or seventy-two quarter hours of college credit from an accredited college or university of which twelve semester hours or eighteen quarter hours are in subjects relating to group care of children, and six months of programmatic experience in the group care of individuals with disabilities; or

F. The provisions of this section shall not apply to personnel in child day centers licensed under Part IX of Chapter 30 (22 VAC 15-30-680 et seq.) and Part IX of Chapter 40 (22 VAC 15-40-680 et seq.) of Title 22 of the Virginia Administrative Code as in effect on December 1, 1996.