Frequently Asked Questions for School-Age Rules

WAC 110-301-0356(7)

WAC does not grant grace period for transitions. In the example provided, this situation would be considered out of compliance with ratio requirements up until the child turns 5 years old. Under WAC 300-0356(7), programs can transition kindergarten children to different classrooms that are developmentally appropriate and the child’s parent or guardian agrees to the placement. Please refer to WAC 110-300-0356(7) in its entirety for details.

WAC 110-300-0281(3)(4)

If a child does not consume their bottle of breastmilk within one hour after feeding has commenced, it is best practice that it is not served again. WAC 110-300-0281 requires that any unused breastmilk be labeled “do not use” and returned to the family.

WAC 110-300-0290(3)( e)

Providers are responsible for ensuring that mattresses are properly cleaned and sanitized to help prevent cross contamination between use. As per WAC, the department must approve any use of any bleach alternative. If the manufacturer’s instructions state bleach can’t be used, a provider can electronically submit a Sanitizer-Disinfectant Approval Request form (15-965) to the department through the Provider Portal requesting approval for use of a bleach alternative. Licensees can consult with their licensor and request assistance from a DCYF health specialist for technical assistance.

WAC 110-300-0291

Safe sleep standards outlined in WAC 110-300-0291 must be followed at all times to help reduce the risk of SIDS/SUIDS. Early learning providers must always first place any infant on his or her back when lying them down to sleep. If a child rolls over on their own after lying down, and has demonstrated the ability to roll in both directions, they do not need to be returned to their backs.

WAC 110-301-0140

Yes. A backpack is specifically outlined as an option for individual storage. Section (5b) specifies that the individual storage space must be spaced sufficiently apart from other storage space. It does not say it cannot be stored on the floor. As a reminder in 300 and 301, oftentimes the WAC leaves room to meet the rule in a variety of ways. Unless WAC states it must be in a specific way, the rule can be met in a way that fits their program.

WAC 110-301-0145

WAC doesn’t require the school-age provider to have documentation of the daily outdoor safety inspections. If a school-age provider describes through conversation that it is done regularly, DCYF accepts this as assumed compliance. DCYF doesn’t need to receive physical proof or documentation. If DCYF has evidence that the daily inspection is not happening (such as seeing broken materials or equipment) it would be considered out of compliance.

WAC 110-301-0145

This is something that is a case by case basis. Subsection 2 talks about the need for DCYF to approve alternate plans for offsite play; DCYF still needs to be aware of it and approve it.

WAC 110-301-0145

Although DCYF will still need to review the outdoor environment for licensure and conduct inspection of each element as applicable to the location, school-age programs will no longer be required to submit a written plan to licensing for review. Licensing’s responsibility is to inspect the spaces and assess whether they meet compliance for the rule itself. Therefore, DCYF will assume positive intent of meeting the rule without requiring a written plan detailing how they intend to maintain the space.

WAC 110-301-0145

A licensor could request or suggest something in writing in response to a complaint or valid concern, but would not require something in writing. A licensor should provide technical assistance around the plan. If safety concerns are identified a licensor could ask what their plan is moving forward for consideration and approval to use the area not adjacent to the licensed space.

WAC 110-300-0145

No, WAC 110-300 does not include limitations on how wide a gate can be. You can contact your local building or zoning offices within your city to verify if there are local codes for width of gates.

WAC 110-301-0170 (3)(a)(ii)

If the WAC says inaccessible that is what it means. Providers can resolve how they can make it inaccessible to the children in their care, and licensing staff can evaluate whether it meets the definition. Inaccessible as defined by WAC does not necessarily mean locked.

WAC 110-301-0450

A school-age program is required to include a water activity policy in the parent or guardian handbook and related policy is necessary for risk mitigation. A program that doesn’t engage in water activities would state that as their policy.

WAC 110-301-0465

WAC 110-301-0465 does not preclude electronic record keeping. Facility and program records from the previous twelve months must be easily accessible and kept on-site or in the the program's administrative office for department or other state agency's review.

WAC 110-301-0345

Supervision is the primary preventative safety measure. A school-age provider must be able to see or hear the children they are responsible for at all times.

WAC 110-301-0400

The WAC says DCYF accepts orientation completed within the last year prior to applying. However, if a person is currently licensed, DCYF considers them to be meeting this requirement. Given that the WAC has been updated, DCYF definitely recommends they take the new one, however there is nothing in WAC that requires this.

WAC 110-301-0401

DCYF has been working on making card payments available, but at this time it is not yet in place. DCYF is hoping it is in place soon.

WAC 110-301-0402

WAC 110-301-0402 (1)(a)(ii) states a school-age provider must submit a complete application, pursuant to WAC 110-301-0400, as soon as the provider plans to move and has an identified new physical address, but not more than ninety calendar days before moving. There is nothing in WAC that would allow us to cite them for not reporting 90 days prior to the move. The intent is that they NOT submit an application more than 90 days prior to moving because they would be unable to meet the licensing requirements. However, also important is that DCYF cannot issue a license in their new space until we have completed our inspection. We are considering ways to address this ongoing and frequent situation.

WAC 110-301-0435

Many waivers will no longer be needed. Those for education, for example, may go away now that a larger span of fields of study meet the requirement. If a waiver doesn’t match WAC 301 DCYF will work with the provider and provide TA related to what pieces may meet current rule and what WAC a new wavier may need to address. If a licensor is conversing with a provider and they have an emergency waiver, licensors should ask the provider if they are still using it. The licensor should update the system and close out any waivers that are no longer in effect.

WAC 110-301-0450 through 0500

School-age providers will be given 6 months to learn the changes within 301 and make necessary revisions to bring their policies and procedures current with rule.

WAC 110-300-0400

Yes. If a new applicant previously completed child care licensing orientation, has continuously worked in licensed child care for the ages and program type they are interested in becoming licensed for, and applies to open up a child care business, they would NOT be required to complete orientation again.

WAC 110-300-0425(9)(b)(v)

Throughout this chapter, WAC includes multiple requirements that apply during the hours of operation for a child care program. Therefore, early learning providers are required to provide notification to the department of any changes to their regularly scheduled hours and days of operation when care is being provided, and the facility or staff are available. Although it is best practice to notify a licensor of when the program will be closed for days that fall outside of the regularly scheduled hours, it is not required for short-term activities such as, but not limited to: a training day, a staff retreat or vacation day, a family home closes due to an illness, etc.

WAC 110-301-0460(4)

DCYF needs to accept that in good faith the provider is telling the truth, and trust that they are meeting the WAC. A licensor can ask questions to assess for compliance and provide technical assistance. If a licensor sees the majority of the children’s records are blank for the exams, the licensor may ask more questions to gather information about whether the provider is reviewing the forms when they are returned from the family, or if they are just not attending to that information.

WAC 110-301-0470

Yes, the program will need to ensure that a 3-day supply is available during all operating hours. If the program is unsure if they can use the school’s supplies, they can supply their own, or they could check with the school to see if they indeed have the emergency supplies available and accessible to the program. WAC 0470 states If a program is located in a public or private school building with an existing three-day supply of food and water that would sustain the school-age program's licensed capacity of children and staff, the school-age provider may submit to the department documentation from the school verifying the school agrees to allow the school-age program to access and use the three-day supply of food and water in an emergency.

WAC 110-301-0485

DCYF has collected this data only for expulsion, not termination. Currently, there is an expulsion form in the WA Compass portal. If the provider doesn’t fill it out and sends the information to a licensor, the licensor can fill it out in the portal. It no longer needs to be emailed to anyone.
Reminder: A decision for Termination is the result of the parent’s behavior. Expulsion is based on inability to provide care to a child due to their behavioral or safety issue.

WAC 110-301-0490

DCYF does not have, nor will have, an approved child restraint training. School-age WAC does allow that a program can provide a restraint training for staff (for that age group). Restraint may only be performed by a school-age provider with prior training in their program’s restraint policy.

WAC 110-301-0490 and 0486

A provider should state in their written policies that their policy is that expulsion or physical restraint is not used or permitted. This helps protect them and let’s parents know what to expect.

WAC 110-301-0300

The requirement is for children who have a special need, which chapter 110-301 WAC defines, in part, as children who have individual educational, individual health, 504, or individualized family service plans [not developed by the child care provider]. For those children, the individual care plan is critical to identify the special need that will be met by the child care program, such as needed medication and dosage instructions or dietary needs, as well as activity, behavioral, or environmental modifications, or any of the other special needs specified in WAC 110-301-0300.

WAC 110-301-0300

No, this is not correct. If the child needs a plan to address their needs while in child care, the plan must be informed by and consistent with any existing IEP or other plans.

WAC 110-300-0300

Every child comes to an early learning program with unique needs. The intent of this regulation is for early learning providers to engage in conversations with families and identify how they can best support the individual needs of each child. Although families are not required to provide an IEP, it is in the best interests of the child for families to discuss strategies that have been developed, and are being used, in other settings (school or other) so program staff can support the child’s communication styles. Those strategies can be documented in the Individual Care Plan.

WAC 110-301-0345(5)(b)

Access to children is not one of the physical structure items covered by OSPI. During child care hours, and in child care space, the school-age provider should control who has access to children. Just because it’s in a school building, doesn’t mean that unauthorized school personnel can be in the care spaces during hours of operation.

The intent of being able to hear when doors open is to prevent children from slipping out. It has to do with the supervision and monitoring of who is entering and leaving the child care space. Regardless of the building, the school-age program must be able to demonstrate they can hear the door to be compliant with that rule. If a licensor sees children slipping out the door unnoticed, or if during an inspection entry or exiting through the door isn’t able to be heard when the door is open, then the provider is not meeting the rule.

WAC 110-301-0345(5)(b)

This is an "it depends" and a licensor should staff the scenario with their supervisor if an answer is not readily apparent. Ask the provider what steps they are prepared to take to assure children don’t slip out and use that information in your staffing.

WAC 110-301-0350

For water activities a certified lifeguard must be present and on duty. There is not a requirement that staff know how to swim. If children are off-site in area that has a body of water but the children are not engaging in a water activity, at least one person must be able to swim.

WAC 110-301-0350(4)(b)

It would mean 3 staff, since only 2 staff would otherwise be required for the group size - which is within WAC requirements. If 35 kids were going, then it would be over the maximum group size, and be split into two groups. It would then require 5 staff. 3 to meet the requirement for the first group (at 2:30+1) and 2 to meet the requirement for the second group (1:5 +1)

WAC 110-301-0354

This is a scenario where licensing another space, like the library or another portable can be helpful. For a short term move a waiver can be considered, since the school has already met OSPI safety requirements. Licensors should staff this type of situation with their supervisor.

WAC 110-301-0354(4)

Maximum capacity is calculated by the space that is usable and accessible to children throughout the majority of their time in care. A program may choose to license a space they use only occasionally as a resource for the children and program - but if they are not accessible and usable on an ongoing basis, these spaces should not be used for capacity determination. DCYF licenses the additional space as approved space that may be used when it is accessible and usable. This would also support a program having back-up space(s) if the school displaces them for a talent show or other school activity. The space is not added to the licensed maximum capacity when the space is not used on a regular basis.

A licensor would not add the additional space as a limitation on the license. However, it would be noted as a “room” on the license with the maximum capacity OR group size that can be allowed in it. For the age group DCYF could select “Mixed.” Sometimes, in these cases, the room capacities when added up will exceed the total capacity of the license, but it will document which spaces are licensed for children's use.

If fewer spaces are being used than would accommodate the maximum capacity on the license, the capacity would be limited to the spaces that are being used.

WAC 110-301-0356(5)

WAC 301 states group size may exceed thirty children only for special events such as assemblies or performances. If a provider can provide us with good reasoning for how they can still meet the WAC for what they want to do, it is allowable.

The intent of this WAC is to allow a greater group size than 30 when it doesn’t make sense to do it individually with separate groups. It is not one DCYF recommends for water activities due to the higher risk around water, but if they can come up with a valid reason why water activities should be considered, DCYF would consider it.

WAC 110-301-0356(8)(a)

The required ratio stays the same (1:15 ratio, and 2:30). This new provision now allows one staff to supervise 15 kids by themselves, but a second person must be available on site to assist in the event of an emergency.

WAC 110-301-0356(8)

When Title 110 WAC refers to a background check it is a DCYF portable background check. It would need to be clarified only if WAC did not mean a DCYF portable background check.

WAC 110-301-0360

Technically the program should be doing 10 minutes of outdoor time in the morning. If someone is operating from 7-8 and some kids are coming at 7:40, it may not be practical. As long as the program is building in the outdoor time for kids. It’s going to be one of those situations that depends. A licensor should ask what is the intent and goal of the WAC, and how providers are meeting the intent of the WAC for children. How are they working to meet the intent of the rule?

WAC 110-301-0240

The requirement is 24” of moisture resistant and cleanable material or a barrier around the sink and it is necessary to prevent growth of mold and the spread of bacteria. According to the state Department of Health, added fragrances can trigger asthma attacks, allergies, and sensitization.

WAC 110-300-0240(2)(d)

Oils and scents that are diffused throughout the air are not approved for use during child care hours. Despite being considered natural, the composition of scents and oils can induce reactions for individuals who may already have compromised or sensitive respiratory or immune systems. Essential oils can cause respiratory ailments, endocrine disruptions, and rashes if they come into contact with skin and are therefore prohibited. Please contact your local licensing office if you have further questions on this topic.

WAC 110-301-0210(2)

DCYF lacks authority to establish additional acceptable immunization forms; they are regulated by the state Board of Health at WAC 246-105-050.

WAC 110-301-0215

Yes, this WAC allows children in school-age programs to keep their inhaler, epi-pen or insulin on their person or in their backpack.

WAC 110-301-0215

WAC 0215 allows children to carry and self-administer only asthma medication, anaphylaxis medication or insulin. The regulation does state that kids can take their own medication, including non-medications, when parent or guardian authorization is received, and with a staff member observing and documenting that the child took the medication (excluding nonmedical items).

WAC 110-301-0215(3)

This will depend on the situation and circumstances. Some kids may carry it in their pocket due to their sensitivities. The WAC does not define where a child may carry it so the program will need to determine what works for the child and the program.

WAC 110-301-0220(1)(c)

This language does in fact address the need for children to have privacy. Old language may not meet the needs of all children either while the updated language does require privacy be provided for any child who indicates any need for it.

WAC 110-300-0221(2)(b)(ii)

The WAC requirement regarding diaper changing tables and protective barriers is a to prevent a child from rolling off. Therefore the 3.5” barrier around diaper stations would also apply to wall mounted devices as well. To ensure safety measures are in place during use of diapering tables and stations, all wall mounted diaper changing stations must meet manufacturers guidelines and specifications as outlined in WAC 110-300-0221.

WAC 110-301-0198(4)

Hand washing sinks and food workers are regulated by the state Board of Health in chapter 246-215 WAC and DCYF lacks authority to adopt conflicting requirements. So yes, a dedicated hand washing sink is required.

WAC 110-301-0165(4)

A noise level that allows for a normal conversation to be heard reduces the risk of unsafe noise levels that could potentially damage children’s hearing. Shatterproof light bulbs reduce the risk of injury to children in the area.

WAC 110-300-0165(4)(f)

Each situation and environment is unique. The exact specific equipment that is needed depends on the location, the children in care, etc. In any situation where you have questions, please defer to your local licensing office to discuss specifics related to your program environment.

WAC 110-300-0165(5)(g)

No, a nightlight must not be plugged into the electrical outlet near water even if it is a GFCI outlet. The outlet next to any water source must not be used for electrical devices which would include a night light during child care hours. Nightlights may be plugged into any other outlet that is not near a water source.

WAC 110-300-0166(3)(c )

WAC 110-0166 specifically states that exit doors must not be partially or entirely blocked. Therefore, the answer to this question is no, exits and exit pathways may not be blocked through use of baby gates. Supervision plans and audible alarms on exit doors can aide program staff with monitoring exits. If you have specific questions about your space, please contact your local licensing office for consultation.

WAC 110-300-0170

No, if there are no fuel burning appliances a carbon monoxide detector is not needed. This WAC is being updated to reflect this correction.

WAC 110-300-0170(3)(f)

Each state and local program may have unique certification processes. Please consult with your state or local agency for requirements to certifying inspectors.

WAC 110-300-0175(5)

This is assessed based upon multiple considerations that are specific to the facility itself. If you are looking at a potential property for licensure, or considering adding a water feature to your premises, you are encouraged to reach out to your local licensing office with questions and to address this requirement.