Tenn. Comp. R. & Regs. 1240-04-01-.15

Current through October 9, 2024
Section 1240-04-01-.15 - PROGRAM, LANGUAGE, AND LITERACY DEVELOPMENT
(1) Schedule and Routines.
(a) Each child shall be provided an opportunity to participate in the program activities.
(b) The environment shall support the development of each child's independence and self help skills.
(c) Routines such as snacks, meals, and rest shall occur at approximately the same time each day.
(d) There shall be a balance between child's choice and educator-directed activities.
(e) There shall be a balance between vigorous activity and quiet play or rest throughout the day.
(f) The child care agency shall plan for and provide distinctive arrival and departure routines that will support children in their transitions.
(g) The educator(s) shall give individual attention to each child throughout the day to include the following activities:
1. For infants/toddlers:
(i) The educator shall hold and comfort children that are upset;
(ii) The educator shall provide rich social interchanges such as smiling, talking, touching, rocking, singing, and reading;
(iii) The educator shall respond to the child's sound;
(iv) The educator shall engage in interactive play that includes activities such as movement, dance, musical games, pretend play and finger play;
(v) The educator shall be attuned to child's needs and respond;
(vi) Children that lack mobility shall have an opportunity to experience their environment by engaging in the following activities daily:
(I) Being read to individually or in small groups;
(II) Carrying them around in order to explore the classroom;
(III) Allowing them to touch a variety of objects; and
(IV) Naming and identifying objects.
(vii) A variety of culturally diverse books shall be available for children to explore including board, cloth, and soft vinyl books; and
(viii) For infants less than (6) months of age, each infant shall have direct supervised tummy time every day when they are awake and alert. Engage with infants on the ground each day to optimize adult-infant interactions. Infants should be placed on a firm, safe surface such as a non-plush carpet, mat, or rug for tummy time, with no soft materials placed under or around the infant during tummy time. If the infant falls asleep during tummy time, educators shall immediately place the infant in a crib on their back and follow all safe sleep procedures.
2. For pre-school children:
(i) The educator shall engage in pretend play;
(ii) The educator shall provide age-appropriate puzzles and blocks;
(iii) The educator shall encourage children to talk with each other;
(iv) The educator shall provide opportunities for problem-solving activities;
(v) The educator shall provide opportunities for writing;
(vi) The educator shall provide opportunities for creative activities;
(vii) A variety of culturally diverse books shall be available for children to handle including board, cloth, and soft vinyl books;
(viii) The educator shall read to individually or in a group daily;
(ix) The educator shall provide sorting and identifying activities; and
(x) The educator shall provide opportunities for helping with daily classroom and self-care routines.
3. For school-age children:
(i) The educator shall provide opportunities for group activities and cooperative play;
(ii) The educator shall provide activities that foster gaining a sense of competence and developing pride in their accomplishments;
(iii) The educator shall provide activities that promote learning to make decisions with others;
(iv) The educator shall provide opportunities for learning to share and take turns;
(v) The educator shall provide activities that foster coordination of large and small muscles; and
(vi) The educator shall provide opportunities for increasing problem-solving skills and for conflict resolution.
(h) Upon arrival, infants and toddlers shall be removed from car seats immediately.
(i) Children shall never be left unattended in any restraining device, including swings and high chairs.
(j) Children shall not be kept in restraining devices such as swings and high chairs, or similar seating devices for longer than fifteen (15) minutes.

Exception: Children may remain in high chairs while eating.

(k) The educator shall plan and provide developmentally appropriate opportunities for children to interact with one another.
(l) The educator shall provide opportunities for children to play alone or do homework, if they choose, in a small, quiet area away from other activities while maintaining supervision requirements in 1240-04-01-.11.
(m) School-age children shall be encouraged to participate in planning their own schedules and activities.
(n) Extended Care. Children shall be given the same opportunities for developmentally appropriate activities during extended care hours as during conventional care hours.
(2) Electronic Media and Devices.
(a) If electronic media, including but not limited to television, videos/DVDs, or video/computer games, or personal electronic devices are used, they shall be limited as follows:
1. For children less than two (2) years of age, use of electronic media and other electronic devices is prohibited.
2. Television and video/DVD viewing shall be limited to one (1) hour per day and for educational or physical activities only.

Exception: Viewing time may exceed one (1) hour per day for special activities such as movie time as long as the total average time per week does not exceed one hour per day.

3. Computer and personal electronic device time is limited to one (1) hour per day.
4. Television and video/DVD viewing is not allowed during meal or snack time.
5. Exceptions:
(i) Use of electronic media for personal recorded messages from relatives serving abroad in the military is not limited.
(ii) Use of electronic media during transition times when there is a single educator such as during preparation of a meal is limited to the duration of the transition.
(iii) School-age children may use computers for completion of homework with no time limitations.
(iv) All children may participate in activities that utilize computers and electronic devices for educational programs.
(b) If used, computers which allow internet access by children shall be equipped with monitoring or filtering software, or other type of software protection that limits children's access to inappropriate websites, e-mail, and instant messages.
(c) Videos, movies, and video/computer games shall be previewed by staff for content.
(d) Programs, movies, computer games, and music with violent or adult content shall not be permitted in children's presence.
(e) Programs, movies, computer games, and music shall be developmentally appropriate for the viewers.
(f) Child care agencies shall inform parents in writing of any scheduled media program viewing.
(g) Other activity choices shall be available to children who do not wish to participate in media time.
(3) Outdoor Play and Playground Routines.
(a) Children of all ages, including infants, who are in care more than three (3) daylight hours, shall have a daily opportunity for outdoor play when the temperature range, after adjustment for wind chill and heat index, is between thirty-two degrees and ninety-five degrees Fahrenheit (32°F and 95°F) and it is not raining.

Exception: Child care agencies where outdoor play is prohibitive or dangerous, as determined in the discretion of the Department, may substitute unoccupied indoor space providing fifty (50) square feet per child, subject to approval by the Department.

(b) Agencies shall develop written policies promoting physical activity and shall strive to remove any potential barriers for children to participating in physical activity.
(c) Outdoor play and moderate to vigorous indoor or outdoor physical activity shall be available as follows:
1. Weather permitting, infants shall be taken outside two to three times per day.
2. Toddlers and preschoolers shall have sixty (60) to ninety (90) minutes of outdoor play per day for full-time programs.

Exception: Indoor activity can be increased if adverse weather does not permit outdoor play.

3. Toddlers shall have sixty (60) to ninety (90) minutes of moderate to vigorous physical activity per eight (8) hour day for full-time programs.
4. Preschoolers shall have ninety (90) to one hundred and twenty (120) minutes of moderate to vigorous physical activity per eight (8) hour day for full-time programs.
5. Physical Activity Requirements for Part-Time Providers:

Number of Hours in Operation

2 hours

3 hours

4 hours

5 hours

6 hours

7 hours

Approximate Minutes Required

15

25

30

40

45

50

(d) Children shall be properly dressed, and the length of time outside adjusted according to the weather conditions and the age of the children.
(e) Educators shall be alert for any signs of weather-related distress, including dehydration, heat stroke and frostbite.
(f) Each child care agency shall develop simple playground rules that use positive language. Staff shall verbally communicate these rules to children prior to outdoor play.
(g) Staff shall plan and implement activities that engage all children in developmentally appropriate active, physical play such as skipping, running, and jumping.
(4) Reclining Rest Period.
(a) All children in care for six (6) hours or more shall have an opportunity for a reclining rest period. This is not required for school-age children attending only before and after care or if the children attending the center are on a lengthy field trip.
(b) Children who are fatigued shall be offered an opportunity to rest in addition to scheduled rest periods.
(c) Each child shall be allowed to form his or her own patterns of sleep.
(d) When awake, a child shall not be left in a crib/bed or on a cot or mat for any length of time that is unreasonable for the developmental age of the child.
(e) No child shall be forced to lie down or nap or be forced to stay on a cot or on a mat for an extended period of time.
1. Children shall be allowed to participate in a quiet activity if not asleep within a reasonable time or if they wake up prior to the end of the rest period.
(f) Nap Room Environment.
1. Areas where a child sleeps shall have adequate lighting which allows the educator to see each child with a quick glance and respond appropriately to each child's physical and emotional needs.
2. If music is played in areas where children sleep, the music shall be soothing and soft enough so children can be heard.
(5) Behavior Management and Guidance.
(a) Behavioral interventions shall be developmentally appropriate, with consideration given to the attention spans and skills of individual children.
(b) Discipline shall be reasonable, appropriate, and in terms the child can understand.
(c) Potentially shaming, humiliating, frightening, verbally abusive, injurious discipline methods, and/or techniques that isolate the child are prohibited.
(d) Discipline shall not be related to food, rest, or toileting. Food shall not be used or withheld as a form of discipline. Active play opportunities shall not be withheld from children who have misbehaved.
(e) Spanking and all types of corporal punishment are prohibited.
(f) Mechanical and chemical restraints are prohibited.
(g) Educators shall focus upon positive behavior and on the individual child's strengths.
(h) The educator shall address each incident of unacceptable behavior by using methods of positive guidance and discipline to help the child manage his/her behavior.
(i) Each time a child is engaging in unacceptable behavior the educator shall first redirect the child's attention and substitute a desirable activity prior to disciplining the child.
(j) Less restrictive, positive behavior management techniques shall be employed before using time-out.
(k) Time-out may be used to intervene with a child whose behavior is disruptive to the group or hurtful to other children and who does not respond to educator redirection or guidance.
1. Time-out shall be reasonable and developmentally appropriate and shall not include restraint or seclusion.
2. The length of each time-out session shall be based on the age of the child and shall not exceed one (1) minute per each year of age of the child; provided, however, that no child under thirty-six (36) months shall be placed in time out.
3. Time-out shall take place in an appropriate location within sight of the educator.
4. Restraining devices such as high chairs, cribs, or car seats shall not be used for time-out.
5. Redirection or a similar approach shall be used for children younger than thirty-six (36) months of age.
(l) Physical Restraint and Seclusion. The following is not considered physical restraint and is considered acceptable:
1. Physical touch associated with prompting, comforting, or assisting that does not prevent the service recipient's freedom of movement or normal access to his or her body.
2. Physical restraint and seclusion are emergency safety interventions, not therapeutic techniques, and are implemented in a manner designed to protect the child/youth's safety, dignity, and emotional well-being.
3. The use of physical restraint is allowed only in the case of an emergency when the child/youth is at imminent danger of self-harm or of harming others and no other option exists to protect the safety of the child/youth and staff members.
4. Clothing may not be removed from a child/youth in conjunction with the use of physical restraint or seclusion, other than that which has been determined to place the child/youth or others at risk.
(6) Physical Care - Toileting.
(a) Toilet learning shall be done in cooperation with the parents, and communication with parents shall be maintained throughout the process.
(b) Toilet learning shall not be started until a child is able to understand, to demonstrate some degree of bodily control, to do what is asked of them, and to communicate their need to use the bathroom.
(c) Children shall not be made to sit on the potty or toilet for more than five (5) minutes at a time.
(d) Children who are toilet learning shall be cleaned and assisted as needed in a safe, sanitary manner.
(7) Educational Activities.
(a) Activities shall be intentionally planned based upon the developmental age of the child.
(b) A daily program shall provide developmentally appropriate opportunities for learning math, literature, science, and health, as well as opportunities for self-expression through a variety of creative and multi-cultural activities such as art, music, movement, and dramatic play.
(c) Indoor physical activities, requiring children to use both large and small muscles, shall be provided for children of each age group.
(d) For infants and toddlers, a portion of the day shall include floor time to optimize adultinfant interactions, including direct supervised tummy time for infants less than six (6) months of age, for activities that develop physical, social, language and cognitive skills. The floor shall be clean and safe. Infants should be placed on a firm, safe surface such as a non-plush carpet, mat, or rug for tummy time, with no soft materials placed under or around the infant during tummy time. If the infant falls asleep during tummy time, educators shall immediately place the infant in a crib on their back and follow all safe sleep procedures.
(e) Educators shall listen to and respond verbally to infants and toddlers throughout the day.
(f) The director or primary educator shall observe and document the use of the applicable developmental learning standards.
(8) Personal Safety Curriculum Components and Guidelines.
(a) For ages three (3) years through school age, a personal safety curriculum shall be provided at least once a year.
(b) The personal safety curriculum shall include a Department-recognized component for the prevention of child abuse.
(c) For children four (4) years of age and older, a child sexual abuse prevention component shall be included.
(d) The child care agency may choose terminology and instructional methods for this curriculum that provides clear, effective and appropriate instruction to the children in personal safety, including the prevention of all forms of child abuse.
(e) Personal Safety Instruction Requirements for School-Age Children.
1. For school-age children, the curriculum shall include instruction for reporting physical, sexual or verbal abuse.
2. School-age children shall not be required to receive personal safety instruction from the child care agency if they annually receive the personal safety instruction required under this paragraph (8) from their school or other educational setting, as approved by the Department.
3. Documentation of Personal Safety Instruction in Educational Settings.
(i) Written documentation that annual personal safety instruction as required by this paragraph (8) is being provided in a public educational setting to each child enrolled in the child care agency shall be maintained on file with the Department.
(ii) For children who do not attend public schools, the child care agency shall maintain documentation that each school-age child enrolled in the child care agency is receiving annual personal safety instruction as required by this subparagraph (e).
(f) The personal safety curriculum used shall be made available to parents/guardians for review. The child care agency shall use a notification form developed by the Department to document that the parents/guardians have been notified of the curriculum and of their opportunity to review.
(g) The record of each enrolled child shall include a copy of the signed notification form.
(h) If requested, child care agency staff shall meet with the parents/guardians to discuss the curriculum.
(i) Specific requirements for drop-in centers are described in 1240-04-01-.23.
(9) Extended Care. Child care agencies providing nighttime care shall meet the following additional requirements:
(a) Quiet, calming activities shall be provided preceding bedtime, such as reading or listening to a story or soft music. In addition, children shall receive individual attention from educators as needed.
(b) Routine personal hygiene shall be encouraged and supervised. A plan shall be made with parents/guardians for maintaining children's routines such as tooth brushing, bath time, and bedtime rituals.
(10) The parents/guardians shall be consulted in developing a plan to meet the individual needs of a child with special needs.

Tenn. Comp. R. & Regs. 1240-04-01-.15

Original rules filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.

Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(a)(5); 71-3-501, et seq.; and 71-3-502(a)(2).