Understanding Regulations

Planning and Administering Early Childhood Programs, 9th Edition

© 2009 Pearson Education, Inc.All rights reserved.

Chapter 3

Understanding Regulations, Accreditation Criteria, and Other Standards of Practice

Planning and Administering Early Childhood Programs, 9th EditionDecker/Decker/Freeman/Knopf

© 2009 Pearson Education, Inc.All Rights Reserved.

3-2

Licensing Regulations provide the baseline

for acceptable care of children and are meant to be minimum standards below which no program should operate.



3-3

Definitions Regulation: A binding rule

created outside the program.

Standard: A statement of expectations for program characteristics and performance.



3-4

Types of Regulations Zoning regulations govern land use. Building codes address issues such

as wiring, plumbing, building materials.

Fire and sanitation regulations set health and safety standards.

Child care licensing regulations address many aspects of programs’ operations.



3-5

Why? Should achieve their primary

purpose of ensuring adequate, safe care of children.

Also benefits those who provide care as well as the children they serve. A license carries with it an official recognition of the importance of the job



3-6

Who?

Not all programs are covered by licensing

Exempted programs usually include programs such as church sponsored, recreation programs, etc.

Family members being cared for in the home do not have to be licensed

Licensing alone does not guarantee quality



3-7

States’ child care centerlicensing codes typically

address: The process of obtaining a license The program’s organization and

administration Staffing patterns including ratios and

group size Required characteristics of facilities

and provisions for transporting children



3-8

States’ child care center licensing

codes typically address: (continued)

Practices to safeguard children’s health and safety

Required activities and equipment Allowable forms of discipline How programs are to communicate

with and involve families Nutrition and food services



3-9

Licensing Regulations CCL Home DCFS - Bureau of

Services for Child Care Nevada

Differences between Title 5 and Title 22 programs child care law

regulations



3-10

RecommendationsAmerican Public Health Association., American Academy of Pediatrics

Age Child:Staff Group Size

0-24 Months 3:1 6

25-30 Months

4:1 8

31-35 Months

5:1 10

3 year olds 7:1 14

4-5 year olds 8:1 16

6-8 year olds 10:1 20

9-12 year olds

12:1 24



3-11

NAEYC RecommendsAge Child:Staff Group Size

Birth-18 Months

3:1 adults18:1 teacher

6

Toddlers18-36 months

16:1 teacher4:1 adult

12

Preschool3-5 years

8:1 adults24:1 teacher

24

School age 28:1 adult14:1 teacher

28



3-12

Title 5 and Title 22Age Title 5 Title 22

InfantsBirth-18 months

1:3 adult-child1:18 teacher-child


Toddlers18-36 months

1:4 adult-ratio1:16 teacher-child

1:6 adult-childMaximum group size:12

Preschool36 months-kindergarten


1:12 teacher-childAide adds 3

School-Age


1:14 teacher15-28 teacher+aide29-42 2 teachers+aide



3-13

Accreditation A voluntary system of evaluation Require higher-than-minimal quality Require substantial (not full) compliance Nationally developed, validated, and

enforced NAEYC Program Accreditation is

considered the “gold standard” Accreditation: National Association for

the Education of Young Children



3-14

Quality Rating Systems (QRS) In place in at least 14 states; many

states have programs in development Designed to inform the public about the

quality of participating programs Bridge the gap between minimal

standards (licensing) and the high quality documented by program accreditation

NCCIC - QRS Definition and Statewide Systems



3-15

Types of private ownership Proprietorship

Owned by one person Owner faces personal liability for all activities Since there is no separate entity, there is no

entity taxation Partnership (general or limited partnership)

2 or more owners Can own property as a separate legal entity Owners face personal liability for business

wrongs No separate entity tax owed by owners



3-16

Types of private ownership (cont.)

Limited liability company (LLC) A separate legal entity State filing needed to establish Can be taxed like a partnership or corporation

at owner’s choice Limited personal liability for wrongdoings of

employees Corporation

State law governs incorporation and operations A separate legal entity Operated by a board of directors Can be Subchapter “S” or “C”; “S” corporations

have limited corporate taxes



3-17

Fiscal regulations Violations can result in civil and/or

criminal penalties. To avoid penalties: Honor all contracts Follow IRS regulations

Obtain Federal Employer Identification Number (FEIN)

File required tax returns Withhold appropriate taxes from

employees



3-18

Laws that protect the staff and the program

Civil Rights Act (1964) & Equal Opportunity Act (1972)

American with Disabilities Act P.L. 101-336 (1990)

Fair Labor Standards Act (1938) Family and Medical Leave Act (1993)

It is important to stay abreast of recent developments.



3-19

Licensing Does Not… Guarantee quality Address issues such as equity, pay,

benefits, etc Gives the bare minimum for the

health and safety of children

Understanding Regulations

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