By JOHN AHERN
State Representative, 6th District
There is a quiet takeover of private, in-home day care centers statewide. It began with the state standing over the shoulder of these child care providers. It has grown to the systematic shutdown of these family-owned businesses across the state owned by caring individuals who want to provide a safe and fun atmosphere for children in their own homes.
The Department of Early Learning (DEL) has been putting a great deal of effort into being an enforcement agency. Sometimes to such an extent that agency rules are coming into direct conflict with state laws and city codes.
I have heard stories from many day care providers who feel harassed by a bureaucracy that is creating answers in search of problems. The state must absolutely ensure children are cared for in safe environments by people who are responsible and will not harm them or put them in harm's way. However, the DEL is going much farther than this as it seeks to expand its own publicly-run “early learning” centers which will run in direct competition with private, family-owned day care centers.
Expansion of authority
In a full revision of agency rules set to go into effect March this year, the DEL has increased its rulebook from about 60 pages to 92 pages. With these rules, the agency gains power to cite, fine and eventually, shut down day care providers. If they continue writing rules, they have more ways to fine and write up the providers. If they continue with fines and citations, they effectively put these private-sector providers out of business.
Considering the fact that the agency's early learning centers may be expanded to an entitlement program (with House Bill 2448 in the state Legislature), it provides motive for DEL to run private and in-home day care providers out of town. The agency is changing licensing and professional development requirements to further add burdens on private providers.
An arrogant attitude
State agencies should remember their bosses are taxpayers, not the other way around. Since 2007, I have had problems with state employees overseeing day care operations. At that time, Department of Social and Health Services inspectors fined a day care provider because her kitchen was not immaculate. I asked the agency employees if they had showed her how to clean the kitchen to their specifications, rather than simply fining the woman. I was told they simply did not have time for that. As a small business owner, I suggested the agency treat day care providers as if they were customers: with honey, rather than vinegar.
Unfortunately, the arrogant attitude has carried to the fairly new Department of Early Learning. They are disrespectful and demanding to private-sector folks who work hard to provide a safe, educational and happy environment for children.
Restricting rulemaking
In 2011, 1,410 new permanent rules were adopted and 2,692 rules were revised. The number one issue the public wants the Legislature to address is the lack of jobs and the burdens on employers in this economy. Placing rule after rule on small businesses are definitely burdens that stifle job growth and the ability of businesses to run efficiently.
One recent rule addresses “fall zones” on playgrounds at home day care centers. It requires that there be nine inches deep of pea gravel or bark beneath swing sets. This goes beyond the requirement for city parks and public schools. While the impact statement states the new rule would cost day care centers several hundred dollars, one day care provider estimates it would cost his business about $15,000 to move the current equipment, dig up a large amount of dirt, and replace with one of the approved materials.
I sponsored House Bill 2755 to prevent the Department of Early Learning from implementing any new agency rules that would harm small business. With each new or modified rule, agencies are required to complete an economic impact statement. Under this proposal, if licensed day care providers could incur additional costs under the rule, the agency is prohibited from moving forward with that rule.
Perhaps the Legislature needs to help the DEL remember who it works for by restricting its authority. The current rule enforcement practices of inspectors are only serving to strangle the employers who fund their paychecks. Instead of racing to the top, the actions of the DEL are only a race to the bottom.
State Rep. John Ahern represents the 6th Legislative District. He lives in Spokane.
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