(1) A child care center that is subject to the licensing requirements of this part 1 is also subject to the provisions of this section.
(2) (a) The department shall make available to licensed child care centers and include with every application form for licensure information concerning the manner in which a child care center may apply for a waiver to use certain materials in its program and curriculum. The waiver request shall be included in a center's application for licensure or, in the case of a licensed child care center, may be submitted at any time.
(b) A child care center seeking a waiver for the use of certain materials shall adopt a policy that:
Ensures that instructors in the child care center are trained in the use of the materialsin a way that provides reasonable safety provisions for use by children; and
Requires parental notification of the use of the materials in the child care center andthe potential safety risks associated with the materials. The policy shall require the child care center to obtain signed parental consent forms acknowledging awareness of the risks in using the materials in the child care center.
If a licensed child care center receives notice of a violation pursuant to this part 1,information concerning the waiver and appeal process described in this section shall be included in the notification to the child care center.
The state board shall promulgate rules for the implementation of this section, including:
The requirements for the granting of a waiver request, which requirements shall include that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request;
The requirements for the denial of a waiver request, which requirements shall includethat the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request;
The process by which a child care center may appeal a denial of a waiver request,which process shall include, but need not be limited to:
That upon the receipt of a denial of a waiver request, a child care center has up toforty-five calendar days to appeal the denial decision to the department;
That the department shall act upon the appeal within forty-five calendar days;
That the department shall provide notice of its decision on the appeal within tencalendar days after its decision to the appealing child care center; and
That the appealing child care center has the right to meet in person with departmentpersonnel concerning the appeal, but that the entire appeals process shall last no more than one hundred calendar days after the date of the notice of denial of the waiver request.
Whenever practicable, the department shall use the same inspector for:
Multiple visits to a single child care center seeking a waiver pursuant to this section;or
Multiple visits to two or more individually licensed child care centers that are whollyowned, operated, and controlled by a common ownership group.
(6) The department shall not post a denial of a waiver made pursuant to this section on its website until the appeal is final.
Source: L. 2012: Entire section added, (HB 12-1276), ch. 185, p. 700, § 1, effective May 18.