Tenn. Comp. R. & Regs. 0520-12-01-.03

Current through June 26, 2024

Section 0520-12-01-.03 - PROGRAM APPROVAL

(1) All persons or entities operating a child care program must be certified by the Department of Education (Department).

(2) A school-administered child care program seeking approval shall submit an application to the Department that contains the following information:

(a) Satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable to care for the children and that the applicant has the ability and intent to comply with the certificate of approval law and regulations;

(b) Three (3) satisfactory references for the program director;

(c) Verification that the program director's qualifications meet the requirements of Chapter 0520-12-01-.07;

(d) Verification that all program staff have successfully completed a criminal history background check as required by T.C.A. § 49-5-413; and

(e) Verification of enrollment of at least five (5) school-aged children enrolled in kindergarten through grade twelve (12).

(3) Upon receipt and approval of an application the department shall conduct an on-site inspection to ensure the site is suitable for child care activities and does not endanger the welfare or safety of children. Upon satisfaction of the on-site inspection by the department, the program shall be provided a temporary certificate of approval.

(4) Within ninety (90) days of the issuance of the temporary certificate, the Department shall determine if the applicant has complied with all regulations and requirements necessary to receive an annual certificate of approval. During the temporary certificate of approval period:

(a) The Department shall perform a minimum of two (2) visits to the program at least one (1) of which shall be unannounced;

(b) The Department shall perform at least one (1) observation of the teachers' interaction with children; and

(c) The program must provide verification, including any required supporting documentation as directed by the Department, of compliance with all applicable regulations. The failure to obtain and maintain compliance with all applicable regulations during the period of temporary approval may result in the revocation of the temporary certificate of approval.

(5) On or before the expiration of the temporary certificate of approval, the Department shall:

(a) Issue an annual certificate of approval to a program that has satisfied the requirements for the ninety (90) day temporary approval;

(b) Issue a restricted temporary certificate that limits a program's authority in one (1) or more areas of operation if the Department determines that the conditions of the facility, the methods of care or other circumstances warrant it; or

(c) Deny the annual certificate of approval if the Department determines that any of the requirements set forth in this Chapter have not been, or cannot be, satisfactorily met.

(6) A certificate of approval is not transferable from one location to another or from one agency to another.

(7) The certificate of approval may be revoked at any time upon ninety (90) days' notice to the agency. If the health, safety, or welfare of the children in care imperatively requires it, the certificate of approval shall be revoked immediately.

(8) To renew an annual certificate of approval, approved programs shall submit an annual report to the department prior to October 1. Any entity not completing the annual report by October 1, shall be notified and if a report is not submitted the certificate of approval shall be suspended.

(a) The report shall include:

1. Current enrollment figures;

2. Identification information;

3. A description of the services to be offered to children and parents and reasons these services are needed at the proposed location;

4. Ages of children to be served;

5. Hours of operation;

6. A description of meal provision or preparation;

7. Admission requirements and enrollment procedures;

8. Provision for emergency medical care;

9. Transportation Plan; and

10. Demonstration of compliance with all laws and regulations governing the program.

(b) If, after being approved, a school wishes to change the scope or type of service offered to children and families, an amended report shall be filed with the Department for approval prior to implementation.

(9) A program that submits a satisfactory annual report and demonstrates a reasonable probability that the program can maintain compliance with all laws and regulations during the annual certification period, shall be issued a new annual certificate of approval by the department.

(10) Throughout the temporary certification period and during the annual re-evaluation period, immediate access to all areas of the school or program shall be granted to all Department representatives and other inspection authorities (i.e., fire safety, sanitation, health, Department of Children's Service, etc.) during operating hours.

(11) Any program found in operation without oversight from the department of education will be reported to local authorities as indicated by T.C.A. § 49-1-1105(a).

(12) If the Department determines, as a result of its inspections or investigations or those of other local, state or federal agencies or officials, or through any other means, that a plan is necessary to insure the safety of the children in the care of the program the Department may require the program to implement a safety plan. The safety plan may require, but is not limited to, the exclusion or restriction of any individuals from access to children, the closure or restriction of any part of the program, the modification or elimination of services, the re-inspection of the program, the training of management, staff, or volunteers.

Tenn. Comp. R. & Regs. 0520-12-01-.03

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. Amendments filed November 2, 2017; effective February 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); 49-1-302, et seq.; 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2-203(b)(11); 49-5-413; and 49-6-707.