Tenn. Comp. R. & Regs. 0520-12-01-.02

Current through June 26, 2024

Section 0520-12-01-.02 - DEFINITIONS

For purposes of this Chapter the following definitions are applicable:

(1) Administrative Hearing. A hearing that is held under the Uniform Administrative Procedures Act at T.C.A. §§ 4-5-101, et seq. rather than a court of law. The purpose of the hearing is to allow an agency the opportunity to challenge enforcement actions taken by the Department of Education (Department).

(2) Adolescence. The period of physical and psychological development from the onset of puberty to maturity.

(3) Annual Certificate of Approval. Certificate issued by the Department to programs that have satisfactorily completed the temporary certificate of approval time period and is reissued on an annual basis as long as the program meets the standards of the Department of Education and the rules of this Chapter.

(4) Approved Capacity. The designated maximum number of children permitted in a facility as determined by the Department based upon usable space, age of children, adult:child ratios, and group size. Capacity shall be designated on the Annual Certificate of Approval.

(5) Child. A person under eighteen (18) years of age.

(6) Child's Age. The age of child on August 15 of any given year.

(7) Child Care. The provision of supervision, protection, and at a minimum, the basic needs of a child or children for more than three (3) hours a day, but less than twenty-four (24) hours a day.

(8) Child Care Advisory Council. A ten (10) member council established by T.C.A. § 49-1-302 to advise the State Board of Education in the establishment of child care standards and regulations and to act as a hearing tribunal for appeals from actions of the State Department of Education regarding the certificate of approval issued to child care programs.

(9) Child Care Program. Any public school administered early childhood education programs; programs operated by private schools as defined by § 49-6-3001(c)(3); child care provided by church affiliated schools as defined by § 49-50-801; state approved Montessori school programs; before or after school child care programs operated pursuant to §§ 49-2-203(b)(11) and 49-6-707; programs providing center-based early intervention services through Tennessee Early Intervention Services; child care provided in federally regulated programs including Title I preschools, 21st Century Community Learning Centers and all school administered head start and even start programs.

(10) Civil Penalty. A penalty placed upon a program for each violation of a statute, rule, or order pertaining to such person or entity in an amount ranging from fifty dollars ($50.00) to one thousand dollars ($1,000.00). Each day of continued violation constitutes a separate violation as indicated by T.C.A. § 49-1-1107(c)(1).

(11) Commissioner. The executive head of the Department, appointed by the Governor.

(12) Conventional Care. Child care services provided between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday.

(13) Department (TDOE).The Tennessee Department of Education and its representatives.

(14) Developmentally Appropriate. Practices which use the knowledge of child development to identify the range of appropriate behaviors, activities, and materials for specific age groups. This knowledge is used in conjunction with an understanding about children's growth patterns, strengths, interests, and experiences to design the most appropriate learning environment. A developmentally appropriate curriculum provides for all areas of a child's development, physical, emotional, social, and cognitive, through an integrated approach. For children from birth to five (5) years of age, the Tennessee Early Learning Development Standards is adopted by the State Board of Education for guidance in appropriate learning expectations.

(15) Director. The person with overall responsibility for the child care program.

(16) Group. A specific number of children comprising an age range, assigned to specific staff in an assigned space that is divided from the space of other groups by a recognizable barrier.

(17) Home School. The provision of full-time educational services, as recognized by the Department of Education, to a child by the child's parent in the child's primary residence. Any early childhood program attached to a home school program falls under the jurisdiction of the Department of Human Services (DHS).

(18) Infant. A child who is six (6) weeks through twelve (12) months of age.

(19) Kindergarten. A school or class that prepares children for first grade and is part of a public or private school system. Kindergarten programs in the public school system must comply with the Minimum Kindergarten Program Law pursuant to T.C.A. § 49-6-201. To enter kindergarten, a child must be five (5) years old by August 15.

(20) Law. Statutory or regulatory provisions affecting the operation of an early childhood program including, but not limited to, the law as contained in T.C.A. § 49-1-302(l) and T.C.A. §§ 49-1-1101 through 49-1-1109, and Chapter 0520-12-01 of the State Board Rules.

(21) Mixed Age Grouping. Mixed age group can also be referred to "heterogeneous or multi-age". A group of children with varying ages that are combined to maximize the educational benefits in a non-traditional classroom. All mixed age group classrooms shall not exceed the maximum group size and must maintain adult:child ratios.

(22) Non-school, Community-based Organization Program. An infant/toddler, preschool or school age before and after school program operated through contract with the Department of Education and under the certificating authority of the Department of Education.

(23) Off-site Activity. Any activity which occurs away from the general premises of the child care program's facility.

(24) Parent. A biological, legal, or adoptive parent, guardian, or legal or physical custodian who has primary responsibility for a child.

(25) Pre-kindergarten. A class or program prior to kindergarten for children that are four (4) years old by August 15.

(26) Preschool. A program providing child care services to children who are six (6) weeks through five (5) years of age and not in kindergarten, including children who are more specifically defined under this chapter as an "infant" or a "toddler".

(27) Program. Any public or private school-administered preschool, pre-kindergarten or school-age care program, including community based programs funded by Voluntary Pre-K, Pre-K, Lottery Education Afterschool Programs (LEAPs), and 21st Century Community Learning Center (21st CCLC) programs that serve a minimum of one (1) child, is subject to the jurisdiction of the Office of School-based Support Services. Exception: fee based and 21st CCLC funded before and after care programs that operate less than three (3) hours per day or less than fifteen (15) hours per week.

(28) Related. Any children of the following relationships by marriage, blood, or adoption; children, step-children, grandchildren, siblings, step-siblings, nieces, and nephews of the primary caregiver. The term "related" includes any "grand" or "great" relationship (e.g. great niece, great grandchild, etc.) within the relationships indicated.

(29) School-age Child. A child who is five (5) years of age and enrolled in kindergarten (K) through seventeen (17) years of age. A five (5)-year-old may be classified as a school-age child in the summer immediately preceding the child's fall entry into kindergarten.

(30) School-administered. A program that is serving five (5) or more kindergarten (K) through grade twelve (12) students and is run by a public or private school.

(31) Staff. Full and part-time teachers, employees, or unpaid volunteers of the program.

(32) Teacher. The person, persons, entity or entities directly responsible for providing for the supervision, protection, and basic needs of the child.

(33) Temporary Certificate of Approval. A certificate issued by the Department to a new child care program allowing and authorizing the program to begin child care operations while the program attempts to attain full compliance with all applicable regulations.

(34) Toddler. A child who is eleven (11) months through twenty-three (23) months of age.

(35) Umbrella Program. An umbrella program that oversees the homeschooling of children to fulfill government educational requirements. TDOE does not recognize umbrella early childhood programs as school-administered.

(36) Youth. A person who is ten (10) years of age through seventeen (17) years of age.

Tenn. Comp. R. & Regs. 0520-12-01-.02

Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Emergency rule filed August 30, 2010; effective through February 26, 2011. Amendment filed December 21, 2010; effective March 21, 2010. Emergency rule filed August 30, 2010; effective through February 26, 2011. Emergency rule expired on February 27, 2011, and the rule reverted to its previous status. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective 4/25/2019.

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-201(c)(24); 49-2-203(b)(11); 49-2-203(b)(11)(B); 49-1-302(l); 49-1-1102; 49-6-101; and 49-6-707.