W. Va. Code R. § 126-28-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-28-12 - Health and Safety

12.1. Recognizing that all children within the WV Pre-K System shall be in safe and healthy environments, and that all of the collaborative partners within the WV Pre-K System have rules and regulations governing various aspects of their programming, this policy sets forth a core set of common health and safety standards that must be followed in addition to any existing rules and regulations based on funding sources for individual programs.

12.2. WV Pre-K classrooms must provide 35 square feet of useable space per child. Classrooms shall be limited to no more than 20 children, with no less than two adults, one of whom is a teacher.

12.2.a. When children with IEPs are enrolled in the WV Pre-K classroom, ratios shall be met as set forth in Policy 2419.

12.3. The children shall have adequate supervision at all times. When children are on the premises, a WV Pre-K participating program shall ensure that two adults are present with children. The county shall establish policies and procedures for ensuring adequate supervision and safety of children.

12.4. A WV Pre-K classroom shall provide appropriate daily opportunities for children to have supervised practice of brushing teeth while maintaining proper oral health hygiene procedures with special consideration to technique, replacement of toothbrushes, cross contamination, and proper storage.

12.5. A WV Pre-K classroom shall provide the opportunity for children to rest. A regular rest period shall be included in the daily schedule and include provisions for quiet play for children who are unable to sleep during the rest period.

12.5.a. The rest area shall be set up to reduce distraction or disturbances from other activities. Appropriate sleeping equipment shall be provided by the program. Children are not permitted to sleep directly on the floor, in a sleeping bag, or on linens without mats or cots.

12.6. The education and monitoring of communicable diseases during the school year are necessary to keep students healthy and learning. W. Va. 126CSR51, WVBE Policy 2423, Health Promotion and Disease Prevention (Policy 2423), establishes standards that must be in place for addressing issues and educating staff, students, and families on communicable diseases. The knowledge of health promotion and disease prevention along with standard/universal precautions, transmission, prevention and treatment of communicable diseases will support student success.

12.6.a. Children in WV Pre-K classrooms shall be observed by staff daily for changes that may indicate injury, infestation, fever, or illness. Staff should record any observed changes in the child's file and notify the family.

12.6.b. Staff members shall utilize universal precautions when exposed to blood and body fluids that might contain blood, as specified in Policy 2423.

12.6.c. Staff members and children shall follow best hand washing practices incorporated throughout the day, including washing with soap and warm, running water for at least 20 seconds. All WV Pre-K classrooms must incorporate best practices for hand washing and disease prevention measures, as specified in Policy 2423.

12.7. Basic health care procedures, such as toileting, oral feeding, mobility, etc., should be requested and noted by the parent. Specialized health care procedures shall be prescribed by a medical provider with parent/guardian permission to be performed under the delegation and management of the certified school nurse based on Policy 2422.7. This information should be provided to the WV Pre-K classroom staff through the HealthCheck screening form or other school health care procedure forms and shared with the school nurse to ensure training, clarification of medical orders, individualized health care plan development, and coordination of health care in the WV Pre-K program.

12.8. Due to allergies and the potential dangers associated with having animals in the classroom, animals can only be in WV Pre-K classroom with prior parent awareness and approval. A WV Pre-K classroom shall not have on the premises ferrets, birds, reptiles, including snakes, lizards and turtles, or any wild or dangerous animals.

12.9. A WV Pre-K classroom shall ensure that products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies not clearly labeled as nontoxic are properly handled and stored. These items should be stored in a locked cabinet away from food and in their original containers. These chemicals shall be used according to manufacturers' instructions, and in a manner that will not contaminate play surfaces or articles.

12.10. A WV Pre-K classroom shall ensure potentially hazardous materials to young children, such as plastic bags, window shade cords, expanded polystyrene, such as StyrofoamT, or balloons, be stored out of reach of children and utilized with adequate supervision.

12.11. Student information related to all health and medical conditions and documented on the HealthCheck form or any other comparable information must be treated as confidential information and be maintained according to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C.§ 1232g; 34 CFR Part 99) and in such a manner that no one could view these records without proper authorization as specified in W. Va. 126CSR94, WVBE Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data (Policy 4350). Failure of school personnel to comply with the above rules shall result in personnel disciplinary actions based on W. Va. 126CSR142, WVBE Policy 5310, Performance Evaluation of School Personnel (Policy 5310), and W.Va. 126CSR162, WVBE Policy 5902, Employee Code of Conduct (Policy 5902).

12.12. A WV Pre-K program shall implement and maintain policies and procedures for the reporting of child abuse and neglect that include:

12.12.a. the definition of child abuse and neglect as addressed in W. Va. § 49-1-201; and

12.12.b. the requirement to report immediately, and no more than 24 hours, in accordance with W. Va. Code § 49-2-803 et seq., any suspected incident of child abuse and neglect to Child Protective Services.

W. Va. Code R. § 126-28-12