THE HOURS WE CAN'T BE HOME
CHAPTER 2: BUILDING THE ORGANIZATION
Carole Eller
Extension Educator, Youth and Resource Development
Cooperative Extension System
University of Connecticut
Elizabeth Prosl-Salsado
ExtensionEducator, Youth and Resource Development
Cooperative Extension System
University of Connecticut
Barbara A. Lescault-Cooley
Consultant
Collaboration for Connecticut's Children
Copyright/Access Information
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AFTER THE FORUM, your work group should include:
Core Work Group: ten parents, a teacher, a civic leader, an accountant, a realtor;
Back-Up Commitments from: a media person, an attorney, a police/fire person, a town official.
With representation from all these areas, everyone's job will be easier.
After the FORUM, hold a meeting with all interested parents to address the following:
[Please note that some of the information in this chapter is specific to organizations in Connecticut at a particular point in time. If you have or plan to establish a child care center in another state, you should check with regulatory agencies in that state for forms appropriate for your state and situation. In Connecticut, please check with state agencies for updated information.]
Once your community has some idea of the things they want in a program, contact the Maternal and Child Welfare section of the State Department of Health to obtain a list of School Age Child Care Programs in your area. Ask members of your committee to visit several programs. This will help you to understand and gather information on programs, policies, staffing patterns, ages, rates, personnel policies, hours and days of operation, and parent involvement and control. Complete a program information sheet similar to the following example for each program visited.
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Program _____
Visited by _____
Date _____
Contact _____
Phone _____
1. Hours of operation _____
2. Days of operation _____
3. Rates for care _____
4. Basic program description _____
5. Staff at center (age, training, ratio to children)
6. How do children and staff relate to each other? _____
7. What type of discipline is evident? _____
8. Who hires the staff and provides supervision? _____
9. Who makes the policies? _____
10. Who determines program content? _____
11. Who does the bookkeeping? _____
12. Who makes out the budget and sets the fees? _____
13. Who handles the licensing? _____
14. What insurance coverage is provided and by whom? _____
15. Who handles the registration of the children? _____
16. Who provides liaison with other community groups such as the Board of Education? _____
17. Other observations _____
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The answers to the visitation questions will provide the basis for your decision to (1) ask an existing private program to expand to meet your needs or (2) ask an agency, such as the YWCA or the YMCA to begin a program for your community or (3) design your own School Age Child Care Program.
To analyze the information collected, make a chart. Across the top list all of the program types that you are considering (Parent Run Program, Agency Run Program, Existing Private Program). Down the left side, list the areas covered by the questions on the visitation sheet (Hours, Policies, Staff Hiring/ Supervision, Program Content, Fees, Insurance, etc.). In the matrix created, list who makes the decision or who is responsible for performing the function for each area listed.
There are obvious differences in the amount of control and responsibility that the parents and community assume in each of the programs. Your committee should also consider the quality of each of the programs you observed. Then the parents can decide how they wish to proceed. If the committee decides, at this point, to ask an agency, a private center, or another community to provide the program, your job is complete. If you decide to organize your own community-operated program, your job is just beginning.
Once you have decided to begin a parent-run program, the next step is to list your purpose and goals and to design a work plan for reaching them.
At this point it would be helpful to contact the State Department of Education (Early Childhood Unit) and ask for help in stating goals and setting up a realistic work plan. The following is a sample plan:
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| STEPS: | TASKS TO COMPLETE: | TARGET DATE: |
| Find suitable space - School | Tour school with principal. Contact superintendent. |
February 15 |
| Find suitable space - Other sites | Contact library, churches, banks, hospitals, civic buildings, commercial buildings, etc. See if space is available. | March 1 |
| Zoning | Contact zoning official to find where child care program may be located. | March 15 |
| Obtain licensing regulations | Contact state department of health. | March 15 |
| Decide on space to be used | Apply regulations to space. | March 20 |
| Incorporate | Obtain documents from Secretary of State. Meet with attorney or consult section on Incorporation. Complete and file papers. | March 30 |
| Obtain permission to use space | Meet with appropriate boards, i.e. those who control the space you wish to use. | April 1 |
| Negotiate and sign contract | April 15 | |
| Prepare and adopt bylaws | Consult other bylaws and prepare your own. | April 15 |
| Look for funding | Contact Dept. of Human Resources Child Care. | April 20 |
| Obtain a license | Contact the state health department for a license application. | May 1 |
| Request preliminary site inspection. | May 1 | |
| Obtain necessary forms from building, fire, and zoning officials. |
June 1 | |
| Begin filling out application. | June 15 (You will not be able to complete this until staff are hired) | |
| Prepare budget and set fees | Review budgets from similar programs. | June 15 |
| Prepare program policies and registration packet | Review other program policies and registration materials | June 15 |
| Send flyer home with children | Obtain permission from school official. | Last week of school |
| Prepare job description | Review other descriptions. Determine needed staff. | June 30 |
| Hire staff | Place advertisements in newspapers. Contact state Job Service. Set up interviews. | July 1 |
| Hire staff | August 15 | |
| Accept registrations | Send forms to interested people. Require deposit. Notify of acceptance. | Continuous |
| Prepare room and acquire supplies | Ask parents and community to donate unused items. If room needs painting, etc., arrange with landlord. | August 20 |
| Hold open house | Invite community to visit program room and meet staff. | August 25 |
| Opening day | The 1st day of school |
The process of incorporation makes an informal group a legal business with rights to own property, do business in accordance with the laws, receive and give money, be insured against loss or damage, and develop credibility in the community. Because your group has formed to provide a public service, you are further eligible to incorporate under the Non-Profit laws, giving you extra benefits. In general, incorporating as a non-profit organization enables you to look for funds and grants from the public, businesses, foundations and government sources, and to ask for donations of materials, supplies, and services. Businesses will give to non-profit programs because they are able to deduct these gifts and donations from their taxes each year. A further bonus of non-profit incorporation is the ability to use the Federal Surplus Food Program and to buy supplies directly from the Federal Surplus warehouses. Non-profits are exempt from local and state taxes, after the proper forms are filed.
If you have found an attorney who would be willing to volunteer services to your group, contact him or her to help in the filing of the papers to incorporate as a non-profit. Many attorneys routinely serve on boards of directors of non-profit agencies and do not charge fees. If you have not found an attorney to serve, contact a Legal Aid office, your state law school, the Voluntary Action Center, or the president of your largest local business. You may also contact your county Bar Association for the name of the local representative.
If you are unable to find an attorney, you can fill out the papers yourself. The necessary forms can be obtained by calling the Secretary of State's office.
If you are filling out your own incorporation papers, the following suggestions will aid you in the process.
If you incorporate as a non-stock, not-for-profit corporation and wish to file for Federal Tax Exempt Status, known as 501(c)(3), your incorporation certificate must include the following statements:
"In the event the Association is dissolved and/or ceases operation then in such event assets and/or moneys owned by the association at that time shall not inure to the benefit of any director or member of the association but shall be distributed to another organization qualified as a section 501(c)(3) organization pursuant to the Internal Revenue Code.
"Notwithstanding any other provision of these articles the organization is organized exclusively for educational purposes, as specified in the Internal Revenue Code of 1954, and shall not carry on any activities not permitted to be carried on by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1954.
"No part of the earnings of the corporation shall inure to the benefit of any member, trustee, director, or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer shall be entitled to share in the distribution of any corporate assets upon dissolution of the corporation.
"No substantial part of the activities of the corporation shall be carrying on propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Internal Revenue Code section 501(h), or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office."
The incorporators must be three members of your work group. They must sign on the bottom of page 1 of the incorporation papers.
On page 2 (the Biennial Report), list all of the officers and directors and their home addresses. Post office boxes are not acceptable.
Page 3 is the form for appointing a Statutory Agent. This person receives official correspondence from the Secretary of State or papers served by the court against the organization. The Statutory Agent may be changed by filing a form and paying a fee. Make sure to include the business address. If the person is not employed, write "none".
It is recommended that someone hand deliver these papers to the office of the Secretary of State in Hartford and pay the filing fee of approximately $50.00.
The IRS office may help you through the process of securing 501(c)(3) tax exempt status. In order to apply for this status, you must have filed your Certificate of Incorporation with the state. It helps to work with your attorney and/or CPA on these applications, as they are somewhat difficult to understand.
The bylaws of an organization define how it operates by outlining the following:
Generally, attorneys who do corporation business will be able to help establish bylaws.
With the IRS 501(c)(3) letter in hand, apply for the Charitable Organization Solicitation Form from the Department of Consumer Protection in your state. This document allows your organization to solicit charitable donations in the state. In Connecticut, there is a $10.00 fee. We again recommend that your attorney or CPA assist with these papers. ALL STATE FORMS MAY BE OBTAINED BY CALLING THE APPROPRIATE STATE DEPARTMENTS AS LISTED IN THE BLUE PAGES OF YOUR TELEPHONE DIRECTORY.
The State Department of Health issues the license for the facility, staff, program policies, and procedures. It would be wise to obtain copies of the license forms from the Health Department. The following items must be in place before a license can be issued.
THE FACILITY: Probably one of the best places to look for space is a school in your community. Any building currently approved for use as an elementary school automatically meets the state requirements, building codes, fire codes, and zoning codes for a School-Age Child Care Program.
If the school can not be used in your community, investigate all other possible sites. This includes churches, fire halls, commercial buildings, and any other facility.
It is important that you determine what the zoning regulations for child care are in your town. Ask the zoning official for a letter stating that your selected site does not violate any zoning codes. If child care is not addressed in the codes, and he refuses to give you the letter, immediately apply to the zoning board of appeals for a hearing. This can take many months, so it is important to get the process started.
Make sure that your selected space meets the fire and building codes; for example, carpeting must be fire rated and plumbing adequate.
OBTAIN NECESSARY CERTIFICATES:
1. Building Code Compliance - Obtain this form from your town building inspector. You need this form even if you are operating in a school.
2. Zoning Code Compliance - This letter or form states that your use of the facility does not violate any of the town zoning regulations. The town zoning official will issue this statement.
3. Fire Marshal's Certificate of approval of Child Day Care Center. This is actually a form. You will want three copies, one for submitting with your license, one for posting at the site, and one for your file.
STATEMENT OF PURPOSE: Use the one from your incorporation papers and elaborate.
PERSONNEL AND OPERATING POLICIES: You may use a copy of the operating policies given to parents. Your personnel policies should include hours staff work, sick days, vacation time, benefits, and plan for evaluation.
STAFF DEVELOPMENT: Contact the Cooperative Extension Service, 4-H Program, and the department of Human Resources, Child Day Care division to learn what training opportunities are available locally. Include these in your plan. You might also check with other day care centers in your area to learn about their training programs and to see if your staff might participate.
OUTLINE PROGRAM OBJECTIVES. For example:
1. Make sure to include plans for medical emergency care and for care of a sick child. Copies of these must be posted at your center.
2. A staff member is required to have a current American Red Cross Certificate, not only training.
SANITATION: You will need the results of a current water test. Your town sanitarian should provide this for the school. For other sites you may need to use a private laboratory. The test is a complete chemical and bacteriological analysis.
Complete other portions of the license, including diagrams of your room and play space. Submit this portion of the license as soon as possible. It is better to submit the application minus some information that to wait until the staff is hired, etc., to begin the process. This will enable the State Department of Health to begin processing your application.
*IT IS AGAINST THE LAW TO OPERATE A CHILD CARE PROGRAM WITHOUT THE APPROVAL OF THE LICENSING AGENT*
From the initial contract with the Board of Education to the Contract Agreement drawn up with the maintenance staff, it is good policy to have your attorney read and approve each one. The lease will probably be drawn up by the attorney working for the Board of Education, if a public school is used, but it still should be checked by your attorney. JOB DESCRIPTIONS and MEMORANDUM OF AGREEMENT FOR HIRING should also be approved by counsel. Contracts will be required by the Federal Surplus and State Surplus Programs and others who furnish items for the program.
This is necessary for your program. If housed at school, check with the Principal or Board of Education to determine the kind of coverage you will need. In many communities, the school system carries "umbrella" liability coverage on all its properties and programs and can extend their coverage to your program.
If the school's coverage is unacceptable or not available to your program, check with local churches and other non-profit agencies in your community; get quotes from their agents, and compare before making a selection. Once you have chosen an agent, ask him for a reference from another non-profit organization, and check with that agency.
GENERAL LIABILITY: This type of insurance covers negligence, from whatever source within the program. Generally, it is good practice to look at coverage in excess of $500,000, with "blanket liability coverage" of $1,000,000. Although these figures sound huge, the difference in premiums from a $250,000 policy to a $500,000 policy is not great, considering that one serious accident on the premises resulting from someone's negligence can result in a costly lawsuit.
FIRE AND THEFT: This type of coverage may not be required or necessary in your program unless you have extensive equipment and supplies. Check to see if other non-profits carry it and if your agent recommends this coverage.
AUTOMOBILE: If your program owns vehicle(s), this coverage is mandatory. If your program staff may transport children to or from the program, again coverage is mandatory. Check with your agent to determine adequate coverage.
BONDING: Employees who have access to money, materials, or supplies should be covered by a surety bond. This coverage protects the program from theft or improper use of equipment, and is recommended. The premium is usually low for this type of coverage.
OFFICERS AND DIRECTORS (O&D): It is recommended that the Board of Directors be covered by O&D insurance. This type of coverage insures Board Members against law suits resulting from complaints of "poor decisions" or poor treatment received by a child in the program.
A well designed program will have policies to help you meet the goals and objectives of the group. The first step in developing policies is to review the program information sheets compiled by your group. These will provide you with information about policies that other centers have developed, and it is possible to use parts of these to develop your policies.
A program can only be as good as its staff, and it is wise to develop policies concerning their treatment to ensure predictability and morale. You should cover the following areas in your PERSONNEL POLICIES:
1. How staff will be recruited and selected
2. What benefits they will receive: sick time, vacation, personal days, holidays
3. Evaluations
4. Raises
5. How to report unplanned lateness or illness
6. Expectations concerning dress, behavior, personal calls
7. Gross misconduct: intoxication, violence, theft, abuse of children
8. Disciplinary action or termination
9. Employee grievance procedure
10. Resignation procedure
11. Employee safeguarding supplies
12. Emergencies
13. Training
14. Staff meetings
15. Equal Opportunity Employer policy
Along with Personnel Policies, STANDARD OPERATING PRACTICES AND PROCEDURES are requested for licensing and must be written. In general, you should plan to cover the following:
1. Admission criteria, who can participate
2. Hours of operation
3. Calendar for the year - days you will be open
4. Snow days or early closing
5. Types of activities offered
6. Discipline
7. Attendance procedure
8. Registration
9. Fee payment schedule/security deposit/late payment
10. Food and snacks
11. Health forms
12. Medical emergencies
13. Medication
14. Facility arrangements
15. Equipment and supplies
16. Emergencies
17. Fire drills
18. Travel procedures
19. Budget reporting
20. Financial management/accounting/record keeping/paying bills
21. Parental involvement
22. Statement of parent's rights and responsibilities.
Note that some of these policies require reporting forms and some must be filled out by parents or guardians.
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