Legislature(2001 - 2002)
05/04/2001 04:45 PM Senate ARR
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ALASKA STATE LEGISLATURE
JOINT COMMITTEE ON
ADMINISTRATIVE REGULATION REVIEW
May 4, 2001
4:45 p.m.
HOUSE MEMBERS PRESENT
Representative Lesil McGuire, Chair
HOUSE MEMBERS ABSENT
Representative Jeannette James
Representative Joe Hayes
SENATE MEMBERS PRESENT
Senator Robin Taylor, Vice Chair
Senator Lyda Green
SENATE MEMBERS ABSENT
Senator Georgianna Lincoln
COMMITTEE CALENDAR
REVIEW OF PROPOSED CHANGES TO 4 AAC 62 CHILD CARE LICENSING
REQUIREMENTS
PREVIOUS ACTION
No previous action to record
WITNESS REGISTER
YVONNE CHASE, Deputy Commissioner of Early Development
Office of the Commissioner
Department of Education and Early Development (EED)
333 West Fourth Avenue, Suite 320
Anchorage, Alaska 99501-2341
POSITION STATEMENT: Testified on behalf of EED.
CAROL JENSEN, Owner-operator
Kaleidoscope Corner Child Care
Wasilla, Alaska
POSITION STATEMENT: Testified on how regulations are having
negative impacts on private child care providers.
VERNA EUWER, Operator
Children's House Preschool & Child Care Center
291 East Paulson
Wasilla, Alaska 99654
POSITION STATEMENT: Testified on a need for the appointment of
a state Board of Education and Early Development member with
private child care experience.
ARLIE REED LEWIS, Owner
Butte Little Critters Daycare Center (ph)
(No address provided)
POSITION STATEMENT: Testified that there are too many
regulations on child care.
NATALIE RAY, Director
Ray's Child Care and Learning Centers
Palmer-Wasilla Highway
Palmer, Alaska
POSITION STATEMENT: Testified her on concern about economic
effects of new regulations and lack of contact between child
care providers and the board.
SHEILA BOX, Executive Secretary
Board of Education and Early Development
801 West Tenth Street, Suite 200
Juneau, Alaska 99801
POSITION STATEMENT: Testified on behalf of the board.
ACTION NARRATIVE
TAPE 01-13, SIDE A
Number 0001
CHAIR LESIL McGUIRE called the Joint Committee on the
Administrative Regulation Review to order at 4:45 p.m.
Representative McGuire and Senator Green were present at the
call to order. Senator Taylor arrived as the meeting was in
progress.
REVIEW OF PROPOSED CHANGES TO 4 AAC 62 CHILD CARE LICENSING
REQUIREMENTS
Number 0154
YVONNE CHASE, Deputy Commissioner of Early Development, Office
of the Commissioner, Department of Education and Early
Development (EED), testified via teleconference. She pointed
out that the responsibility for child care licensing moved from
the Department of Health and Social Services to EED, effective
July 2000.
MS. CHASE stated that there was a need for EED to talk with
parents as well as child care providers. She called these
informal talks "community meetings." They differ from public
hearings because they allow dialogue.
MS. CHASE pointed out that in the meetings to date, caregivers
had two major areas of concern. The first was the staffing
ratios that had been narrowed slightly. The second area of
concern was the increase in staff training requirements. Ms.
Chase admitted EED needs to take a closer look at the staffing
ratios in order to ensure the safety of children. With regard
to the training issue, she said caregivers were not averse to
training but they were concerned about spending excess time in a
classroom setting acquiring it. Federal stipends had helped in
providing this additional training. Ms. Chase also outlined a
differentiated payment rate increase that would compensate
licensed care providers more than registered care providers.
Number 0626
SENATOR GREEN asked if the changes were new regulations based on
new law or if it was "review."
Number 0681
MS. CHASE answered that the changes were review, but added
there were changes from the child protection law that took
effect when the program was still in the Department of Health
and Social Services.
Number 0715
SENATOR GREEN asked which sections Ms. Chase was referring to.
MS. CHASE replied that the changes referred to fingerprinting of
all full-time staff.
SENATOR GREEN surmised that the fingerprinting requirements were
the only new ones.
Number 0768
SENATOR TAYLOR asked Ms. Chase how many children a registered
daycare operator could be responsible for.
MS. CHASE answered that four or fewer unrelated children is the
limit for a registered daycare provider. She added that the
term "registered provider" only applies to the category of
"registered home." Referring to a chart provided, Ms. Chase
explained that "group homes" are counted in with "centers" and
therefore there are no numbers for subsidized children.
SENATOR TAYLOR asked how many actual child care facility
categories there are.
MS. CHASE answered that within licensed care there are homes,
group homes, and centers. Within registered care there are only
homes.
SENATOR TAYLOR asked whether registered child care facilities
are held to the same level of training and background checks as
licensed facilities.
MS. CHASE replied that they are not held to the same level and
went on to explain that registered facilities are in an exempt
category. A registered facility is subject to self-
certification; new employees are put through a background check,
and the center must possess a business license and complete a
minimum health and safety application. She added there is no
inspection of the facilities under "registered" classification.
SENATOR TAYLOR expressed concern that the new regulations would
increase the cost to facilities and asked Ms. Chase who would
pay for the added costs.
MS. CHASE answered that in some cases there is a shared payment.
She spoke of three instances when there is an increased cost.
Her first example was that of the staff-to-child ratio. Ms.
Chase described this as primarily an issue for the centers. The
second example of increased cost was an increase in training
hours. The third instance was the fingerprinting requirement.
MS. CHASE said the department is proposing to pay for the
criminal background checks of those people working in new
facilities as well as facilities coming up for renewal.
MS. CHASE expressed concern over the issue of staff turnover and
its financial effects.
Number 1250
SENATOR TAYLOR said implementation of the new regulations are
all cost items to child care providers. He expressed concern
that the added training requirements coupled with the high
turnover rate found in the child care profession would place
hardships on small businesses. Senator Taylor warned that more
stringent ratio requirements would not increase the amount of
employees at these facilities but rather would decrease the
number of children that receive care from them. Senator Taylor
said the result would be children moving from licensed,
inspected facilities to "Grandma's house," where there is simply
a business license and slack compliance with [regulations and
standards].
SENATOR TAYLOR said regulations must be backed up with money.
Otherwise, the small-capital child care providers will be forced
out of business or the number of children in their care will be
reduced significantly.
MS. CHASE addressed the issue of ratios. She restated her
previous claim that the ratios would need to be looked at again
prior to the regulations' passing. With regard to criminal
background checks, Ms. Chase said the new regulations are an
effort to come into compliance with statutes already on the
books. She added that the background checks would be paid for
by the department over the next two years for both those
facilities presently operating and new ones. Ms. Chase said the
two-year period will give a good idea of staff turnover.
SENATOR TAYLOR said in order to determine staff turnover, all
that is necessary is a call to any number of child care
facilities for a tally of their W-2 forms over the last few
years.
SENATOR TAYLOR also expressed concern about what would happen to
child care facilities with four or five personnel when two of
their trained staff leave. He asked how they are to continue to
operate and how quickly new staff can be trained and have their
backgrounds checked.
Number 1626
CAROL JENSEN, Owner-operator, Kaleidoscope Corner Child Care,
testified via teleconference. Ms. Jensen expressed her opinion
that the regulations are a "thinly disguised attempt to mandate
that all of the children start attending a federally funded
program such as Head Start or the Boys and Girls Club."
MS. JENSEN said the regulations are "not a healthy situation for
licensed providers." She said EED's changing the ratio of staff
to child is a "major impact" on child care providers.
MS. JENSEN voiced her concern that an upcoming teleconference on
the subject of the new regulations was scheduled for the
fifteenth of May, while her community meeting was scheduled for
the day before. She felt it did not allow enough time to gather
and present information. Ms. Jensen also conveyed her concern
about the meeting date set for Seward, a date when school was
still in session. She felt it precluded many teachers as well
as their children's child care providers from attending. Ms.
Jensen also said the comment time at that meeting is limited to
one hour, and that is not enough.
MS. JENSEN said she is very concerned about the new ratios. She
stated that a decrease in each group and the new age group
classifications were particularly detrimental to her general
revenue. Ms. Jensen made the point that she pays her staff
well, and if she is forced to decrease her ratios, she will have
to pay her staff less and will suffer the ill effects of high
turnover "like everybody else." She said some of the new
regulations clarify issues, but most of them are "major changes"
and are not needed.
Number 1859
SENATOR GREEN said it would be helpful for those with concerns
to go through the new regulations and highlight the troublesome
parts as well as include an explanation of the particularities.
Number 1956
VERNA EUWER, Operator, Children's House Child Care & Preschool,
agreed with Carol Jensen's statements. She asked who the
"national board" was. She also asked about the "advisory board"
and what its members' qualifications were. She stated she did
not feel there were any people with private daycare experience
on the advisory board.
SENATOR GREEN asked Ms. Chase to follow up on Ms. Euwer's
questions.
MS. CHASE claimed she was not sure which board Ms. Euwer was
referring to.
MS. EUWER said Ms. Chase had mentioned the "national board"
several times and an "advisory board" as well.
MS. CHASE clarified that "the board" she had been referring to
was actually the State Board of Education. "The Department of
Education is sort of an anomaly; it has a commissioner that is
appointed by the State Board of Education," said Ms. Chase.
MS. EUWER asked if "they have somebody that knows about daycare
in that group."
MS. CHASE said the board probably has several early education
specialists.
MS. EUWER pointed out that there should be people with specific
experience in operating a daycare on the advisory board. She
also said the first notice of regulation changes she had
received was two and a half weeks prior to her testimony, "a
very short time," in her opinion. She made the claim that the
list of groups that the notice was distributed to lacked
"daycare centers" as one of the categories.
MS. CHASE said that in a memo that went out under the
commissioner's signature on the ninth of April, the term
"licensed daycare providers" was included in the third column.
Number 2290
MS. EUWER said the term was missing from her copy of the memo.
She claimed daycare centers were not considered at first, and
that neglect was upsetting. She recommended that EED work with
"JOBS [Job Opportunities and Basic Skills] or the Job Corps" to
set up orientation programs. She said during such a program
there could be background checks and CPR training all at one
time.
Number 2374
ARLIE REED LEWIS, Owner of Butte Little Critters Daycare Center
(ph), said she owns her daycare center and took out loans to pay
for it. She acknowledged the need for regulations but said "the
amount coming out is ridiculous" and there are too many
regulations. Ms. Lewis agreed with Verna Euwer's call for
people who have experience running a daycare to be on the board.
Number 2498
NATALIE RAY, Director, Ray's Child Care and Learning Centers,
headquartered in Palmer, testified via teleconference. Ms. Ray
claimed her main concern was affordable child care for parents.
She told members, "You can't have affordable child care if
you're going to lower ratios." She stated that one child being
removed from the infant room of her daycare facility would force
her business to make up a $200 loss.
MS. RAY said the state has been advocating training for staff
who care for infants and toddlers. She pointed out the
difficulty in making a profit which the new regulations brought
about. She said caring for infants and toddlers provides
marginal profits to daycare facilities, and the new regulations
only compound the problem.
MS. RAY voiced concern about lower-income parents turning to
non-licensed facilities as the new ratios force prices up. Ms.
Ray called for an overall training program for child care
providers to be administered by the state.
MS. RAY said there is a lack of contact between the department
and child care providers in the "Mat-Su" area. She said she
felt that "our centers are getting railroaded" and she does not
want to give up her center.
SENATOR GREEN asked Yvonne Chase to clarify what the public
feedback policy is like in the department's regulatory process.
MS. CHASE said the department had been actively pursuing input
from child care facilities in its community meetings. That
input is used by the department in the development of new
regulations. Ms. Chase said the ratio issue is one of the areas
where the input of providers is especially valuable.
SENATOR GREEN then asked Ms. Chase whether the board had a set
number of days from the time it submits the first proposed
regulations.
MS. CHASE answered that the state board opens a period of
regulation that coincides with the period of time between its
meetings. She said the board opened the current block of
regulations prior to the last meeting. The coming June meeting
would see amendments and changes based on the input given by
child care providers.
SENATOR GREEN asked if those changes would be implemented at the
June meeting or would come up in September.
MS. CHASE answered that it would depend on the board and the
number of amendments. She said sometimes amendments take one
period of public comment and sometimes longer, depending on the
complexity of the regulations.
TAPE 01-13, SIDE B
Number 2986
SENATOR GREEN asked if, in addition to the time for public
meetings, there would be time for daycare providers to talk
about the regulations with the board before its next meeting.
MS. CHASE said there would be ample time and encouraged daycare
providers to participate in an upcoming teleconference.
SENATOR GREEN commended the daycare providers in the Mat-Su area
and said the board could benefit from input provided by a member
with private daycare experience. She recommended drafting a
letter to the commissioner and the governor's office so that
this would see consideration in future appointments. She also
suggested the possibility of ad-hoc advisors from the ranks of
daycare providers. Senator Green said she wanted daycare
providers to feel a sense of input in the regulation process.
Number 2917
CAROL JENSEN said in summary that child care providers are
concerned they "are being deliberately left out of the loop" in
the regulation process. She said she would be willing to
volunteer her time to any committee the department would have
her on. She said the board is ignoring valuable input and
experience that many private care providers could share.
SHEILA BOX, Executive Secretary, Board of Education and Early
Development, said she felt disturbed to hear people felt left
out of the regulation process. She said she had put notices in
four newspapers statewide, on the department's web site, the
Online Public Notice System, and mailed out 1,600 flyers. She
encouraged the child care providers at the meeting with
grievances to send written comments to her so she could forward
the information to Ms. Chase.
VERNA EUWER said written comments require more time to go over
the regulation information and that she does not have a computer
to access information on the department's web site.
CAROL JENSEN said she and her colleagues were working on written
comments and added that they want to be a part of the process.
SENATOR GREEN expressed concern for the distribution of
information and the fact that not everyone has access to
computers and Internet sites. She expressed that caregivers
need to respond in writing to specific items in the regulations
in order for the department to take action.
MS. CHASE encouraged anyone concerned to send in comments and
take part in the public meeting on the fourteenth of May.
SENATOR GREEN said in her experience, Ms. Chase was very
"willing to talk and make changes as needed." She described the
regulations in question as "very amendable" and advised those
concerned to work out the writing and to communicate with the
department.
Number 2518
ADJOURNMENT
There being no further business before the committee, the Joint
Committee on Administrative Regulation Review meeting was
adjourned at 5:45 p.m.
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