Washington Administrative Code

(1) The department issues initial or nonexpiring center early learning provider licenses. The department will not issue a center license to care for more children than permitted by the rules in this chapter. The department may issue a license to care for fewer than the maximum al…

(1) A center early learning program must do the following to mix age groups of children in care (in addition to any specific requirements of this section):(a) Meet the square footage and staff-to-child ratio requirements for the youngest child present in the group;(b) Meet the he…

(1) Pursuant to RCW 43.216.692, the department may waive the limit established in RCW 43.216.010 (1)(c) that restricts family home providers from serving more than 12 children.(2) Providers must apply to the department in writing to request waivers to serve more than 12 but not m…

(1) An early learning provider must have an established program and daily schedule that is familiar to children.(2) A schedule must be designed to meet enrolled children's developmental, cultural, and special needs. The daily schedule must:(a) Be specific for each age group of ch…

(1) After completing a department orientation an applicant must submit a complete license application packet, pursuant to chapter 43.216 RCW. This requirement also applies to a change of ownership. A complete license application packet includes:(a) Professional and background inf…

(1) The rules establishing licensing fees within this chapter are adopted pursuant to RCW 43.216.300.(2) The license fee is nonrefundable and is due:(a) With the early learning applicant's initial license application packet; and(b) Annually thereafter, thirty calendar days prior …

(1) An early learning provider must notify the department prior to making a change to early learning program space that may impact the health, safety, or welfare of enrolled children. Such changes include, but are not limited to:(a) Moving early learning programs to a different r…

(1) An applicant for a license under this chapter must be at least eighteen years old.(2) A licensee refers to the individual or organization:(a) Whose name appears on a license issued by the department;(b) Responsible for complying with the standards in this chapter, chapter 43.…

(1) The department adopts and incorporates by reference the Washington state building code (chapter 19.27 RCW), as now and hereafter amended.(2) Early learning program space must comply with the Washington state building code or local building code as enacted at the time of licen…

(1) Chapter 70.160 RCW prohibits smoking in public places and places of employment.(2) Pursuant to RCW 70.160.050, an early learning provider must:(a) Prohibit smoking, vaping, or similar activities in licensed indoor space, even during nonbusiness hours;(b) Prohibit smoking, vap…

(1) The department may issue an initial license authorized under RCW 43.216.315 to an early learning program applicant when they demonstrate their early learning program will be able to comply with the health and safety requirements described in this chapter. They do not have to …

(1) The department may approve licensees' request to possess more than one department license, certification, or authorization, i.e., child care license and foster care license.(2) In order to offer overnight child care, licensees who have both a child care early learning program…

(1) The department cannot waive a requirement of state law (RCW) or federal law.(2) Pursuant to RCW 43.216.065, the department may approve a waiver from a rule in this chapter if it does not jeopardize the health, safety, or welfare of the children in care.(3) An early learning p…

(1) The department cannot provide variance from a requirement in state (RCW) or federal law.(2) Upon written request of an applicant, licensee, center director, assistant director, or program supervisor, the department may grant a variance from a rule in this chapter if the propo…

(1) At the department's discretion, when an early learning provider is in violation of this chapter or chapter 43.216 RCW, a facility licensing compliance agreement (FLCA) may be issued in lieu of the department taking enforcement action. The FLCA must contain:(a) A description o…

(1) Pursuant to RCW 43.216.325, the department is authorized to take enforcement actions when an early learning provider fails to comply with this chapter or chapter 43.216 RCW. Enforcement actions are taken pursuant to RCW 43.216.020, 43.216.065, and 43.216.250. Enforcement acti…

(1) An early learning provider must supply to each parent or guardian written policies regarding the early learning program. Each enrolled child's record must have signed documentation stating the parent or guardian reviewed the handbook and early learning program policies.(2) An…

(1) An early learning provider may keep a child in care up to a maximum of ten hours each day. If needed, the maximum time may be extended based upon the parent or guardian's work, an agreed upon alternate schedule, or travel to and from the early learning program.(2) An early le…

(1) An early learning provider must keep current individualized enrollment and health records for all enrolled children, including children of staff, updated annually or as often as enrolled children's health records are updated.(a) A child's record must be kept in a confidential…

(1) An early learning provider must keep the records required in this chapter for a minimum of three years unless otherwise indicated.(2) Attendance records must be kept for a minimum of five years.(3) Facility and program records from the previous twelve months must be easily ac…

(1) An early learning provider must have and follow a written emergency preparedness plan. The plan must be reviewed and approved by the department prior to when changes are made. Emergency preparedness plans must:(a) Be designed to respond to fire, natural disasters, and other e…

(1) Pursuant to RCW 26.44.030, when an early learning provider has reasonable cause to believe that a child has suffered abuse or neglect, that provider must report such incident, or cause a report to be made, to the proper law enforcement agency or the department. "Abuse or negl…

(1) An early learning provider must have and follow a transportation and off-site activity policy for personal or public transportation service, or nonmotorized travel offered to children in care.(a) The transportation and off-site activity policy must include routine trips, whic…

An early learning provider may terminate a child's services due to that child's parent or guardian's inability to meet the expectations and requirements of the early learning program. Expectations and requirements of the program may include unpaid bills, continual late arrivals, …

(1) An early learning provider must have and follow an expulsion policy, pursuant to WAC 110-300-0340.(2) An expulsion policy must:(a) Provide examples of behavior that could lead to expulsion from the early learning program;(b) Detail steps the provider takes to avoid expelling …

(1) An early learning provider must have and follow a child restraint policy that contains behavior management and practices, pursuant to WAC 110-300-0335.(2) A restraint policy must be:(a) Appropriate for children's developmental level, abilities, and language skills;(b) Directl…

(1) An early learning program must have and follow a policy that promotes the consistent care of children.(2) When possible, an early learning provider must be assigned to work with a consistent group of children for much of the day with a goal of building long-term, trusting rel…

(1) An early learning provider must have and follow a written health policy reviewed and approved by the department that includes the topics listed in subsection (2) of this section. The health policy must be reviewed and approved by the department when changes are made, and as o…

(1) Postings listed in subsection (2) of this section that are part of an early learning program must be clearly visible to parents, guardians, and early learning program staff.(2) Postings on early learning premises must include:(a) The child care license, pursuant to WAC 110-30…

(1) The department of children, youth, and families was established under chapter 6, Laws of 2017. Chapter 43.216 RCW establishes the department's responsibility and authority to set and enforce licensing requirements, including the authority to adopt rules to implement chapter 4…

The following definitions apply to this chapter:"Abuse or neglect" means the same as defined in RCW 26.44.020."Accessible to children" means items, areas, or materials of a school-age program that a child can reasonably reach, enter, use, or get to on their own."Accommodations" m…

(1) An individual or entity that operates a school-age program must be licensed by the department as a school-age program, pursuant to RCW 43.216.295, unless exempt under RCW 43.216.010(2) and WAC 110-301-0025.(2) The department must not license a department employee or a member …

(1) The licensee must have a written plan for when the program director and site director will be simultaneously absent but the program remains open for the care of children. If the program director and site director are simultaneously absent for more than ten consecutive operati…

(1) If a school-age licensee plans to temporarily close their school-age program for more than thirty calendar days, and this closure is a departure from the program's regular schedule, a school-age provider must submit a notification to go on inactive status to the department at…

(1) If the department suspects that an individual or agency is operating an unlicensed school-age program, the department must follow the requirements of RCW 43.216.360.(2) If an individual or agency decides to obtain a license, within thirty calendar days from the date of the de…

(1) The department must not license a school-age program that is legally exempt from licensing pursuant to RCW 43.216.010(2). However, if a school-age program requests to become certified by the department, the department must apply all licensing rules to the otherwise exempt pro…

(1) A school-age program is defined by state law as a place of public accommodation that must:(a) Not discriminate in employment practices or client services based on race, creed, color, national origin, sex, honorably discharged veteran or military status, marital status, gender…

(1) Pursuant to RCW 43.216.250(8), an applicant or school-age program must grant reasonable access to the department during the program's hours of operation for the purpose of announced or unannounced inspections.(a) Applicants, licensees, and school-age program staff must allow …

(1) A school-age provider must attempt to obtain information from each child's family about that child's developmental, behavioral, health, linguistic, cultural, social, and other relevant information. The provider must make this attempt upon that child's enrollment and annually …

All school-age providers must meet the following requirements prior to working:(1) School-age program licensees must meet the requirements of a program director listed in subsection (2) of this section or hire a program director who meets the qualifications prior to being granted…

(1) All applicants, co-applicants, program directors, and site directors must complete a department provided orientation for school-age programs. Prior to being in charge of the school-age program, those newly promoted or assuming a role of one of the roles listed here must compl…

(1) A school-age provider licensed, working, or volunteering in a school-age program must complete the applicable training requirements of subsections (4) through (9) of this section within three months of the date of hire and prior to working in an unsupervised capacity with chi…

(1) Program directors, site directors, lead teachers, and assistant teachers must complete ten hours of annual in-service training after twelve months of cumulative employment.(a) Every thirty-six months, program directors and site directors must complete a minimum of ten hours o…

(1) A school-age provider must have and follow written policies for school-age program staff. Staff policies must include those listed in subsections (2) and (3) of this section and must be reviewed and approved by the department prior to issuing a provider's initial license. The…

(1) A school-age provider who oversees staff must:(a) Establish a work plan with clear expectations;(b) Be aware of what staff members are doing; and(c) Be available and able to respond in an emergency as needed to protect the health and safety of children in care.(2) When the pr…

(1) A school-age provider must establish a records system for themselves, staff, and volunteers that complies with the requirements of this chapter. School-age program staff records must be:(a) Verified by the licensee, program director or site director;(b) Entered and maintained…

(1) A licensee must provide for the personal and professional needs of staff by:(a) Having a place to store personal belongings that is inaccessible to children;(b) Having a readily accessible phone to use for emergency calls or to contact the parents and guardians of enrolled ch…

School-age program space, ramps, and handrails must comply with, be accessible to, and accommodate children and adults with disabilities as required by the Washington law against discrimination (chapter 49.60 RCW) and the ADA.[Statutory Authority: RCW 43.216.055 and 43.216.065. W…

(1) A school-age provider must have accessible and child-size furniture and equipment in sufficient quantity.(2) Furniture and equipment must be:(a) Maintained in a safe working condition;(b) Developmentally and age appropriate;(c) Visually inspected at least weekly for hazards, …

(1) School-age materials and equipment must be visible, accessible to children in care, and arranged to promote and encourage independent access by children.(2) A school-age provider must display age and developmentally appropriate school-age materials. Materials must be related …