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To: Washington State Legislators
Act Now: Inequitable and Untimely DCYF Background Checks Imperil Child Care Staffing
Dear Washington State Legislators,
As we embark on the 2024 Washington State legislative session, urgent attention is warranted regarding the Department of Children, Youth, and Families (DCYF) regulations on early learning and school age care background checks. Specifically, we are asking that DCYF be directed to change the way that they process background checks so that supervised child care work may begin as soon as either the FBI or State fingerprint checks are passed, in line with federal requirements.
It is imperative to note that as child care providers, we firmly advocate for thorough background checks to ensure the safety of the children we serve. However, there exists a distressing discrepancy between the stringent federal standards imposed on child care providers and the more lenient requirements for public school teachers. It is alarming that while child care providers—historically, predominantly women of color—are subjected to passing eight different stringent background checks before working with children, public school teachers—predominantly white women—are held to a significantly lower standard of passing a single background check requirement (see background check circled in red in the image above). This disparity is not only unjust, but perpetuates systemic racism within our regulatory framework. Washington State’s current background check process magnifies the inequity by removing the possibility of beginning supervised work after completing a fingerprint background check, as outlined in federal requirements.
To further illustrate this inequitable burden, a provider recently shared that they hired two public school teachers that were later deemed unqualified to work in the center’s afterschool program because they were unable to clear the required child care background checks. This denial had no impact on their public school district employment.
The decision by DCYF to mandate that ALL components of background checks for child care providers be cleared contradicts federal regulations. The Code of Federal Regulations explicitly states that a staff member may commence work supervised after the completion of specific background checks—the language does not require the clearance of all components at once. However, DCYF will not issue a background check clearance until all eight components have been passed, leading to, in many cases, lengthy and unnecessary delays. This misinterpretation, and overreach of federal guidelines, exacerbate the challenges faced by child care providers, hindering their ability to function effectively and serve their communities.
This discrepancy not only perpetuates racial disparities between the two pieces of our state’s educational system, but also intensifies the existing staffing crisis in the child care sector. It obstructs qualified individuals from entering the workforce, and compromises the seamless operation of these critical facilities.
As esteemed legislators, your intervention is paramount. Urgent action is needed to rectify these disparities and align DCYF's background check standards with federal regulations. Specifically, separating the Federal Bureau of Investigation fingerprint background check from the State background check results from the other six background check components, while adhering to federal guidelines allowing supervised work pending clearance of remaining background checks, is necessary for fairness and operational continuity within the child care sector.
Addressing these disparities is fundamental not only for regulatory alignment, but also as a step towards dismantling systemic racial biases within our systems. Ensuring equitable standards across professions is essential for the well-being of our children and the integrity of our state’s educational workforce.
Your prompt attention and action on this critical issue will alleviate the strain on child care providers and demonstrate a commitment to equity and fairness in our regulatory practices. Thank you for your immediate attention to this pressing matter. For further discussion or information, please reach out without hesitation.
As we embark on the 2024 Washington State legislative session, urgent attention is warranted regarding the Department of Children, Youth, and Families (DCYF) regulations on early learning and school age care background checks. Specifically, we are asking that DCYF be directed to change the way that they process background checks so that supervised child care work may begin as soon as either the FBI or State fingerprint checks are passed, in line with federal requirements.
It is imperative to note that as child care providers, we firmly advocate for thorough background checks to ensure the safety of the children we serve. However, there exists a distressing discrepancy between the stringent federal standards imposed on child care providers and the more lenient requirements for public school teachers. It is alarming that while child care providers—historically, predominantly women of color—are subjected to passing eight different stringent background checks before working with children, public school teachers—predominantly white women—are held to a significantly lower standard of passing a single background check requirement (see background check circled in red in the image above). This disparity is not only unjust, but perpetuates systemic racism within our regulatory framework. Washington State’s current background check process magnifies the inequity by removing the possibility of beginning supervised work after completing a fingerprint background check, as outlined in federal requirements.
To further illustrate this inequitable burden, a provider recently shared that they hired two public school teachers that were later deemed unqualified to work in the center’s afterschool program because they were unable to clear the required child care background checks. This denial had no impact on their public school district employment.
The decision by DCYF to mandate that ALL components of background checks for child care providers be cleared contradicts federal regulations. The Code of Federal Regulations explicitly states that a staff member may commence work supervised after the completion of specific background checks—the language does not require the clearance of all components at once. However, DCYF will not issue a background check clearance until all eight components have been passed, leading to, in many cases, lengthy and unnecessary delays. This misinterpretation, and overreach of federal guidelines, exacerbate the challenges faced by child care providers, hindering their ability to function effectively and serve their communities.
This discrepancy not only perpetuates racial disparities between the two pieces of our state’s educational system, but also intensifies the existing staffing crisis in the child care sector. It obstructs qualified individuals from entering the workforce, and compromises the seamless operation of these critical facilities.
As esteemed legislators, your intervention is paramount. Urgent action is needed to rectify these disparities and align DCYF's background check standards with federal regulations. Specifically, separating the Federal Bureau of Investigation fingerprint background check from the State background check results from the other six background check components, while adhering to federal guidelines allowing supervised work pending clearance of remaining background checks, is necessary for fairness and operational continuity within the child care sector.
Addressing these disparities is fundamental not only for regulatory alignment, but also as a step towards dismantling systemic racial biases within our systems. Ensuring equitable standards across professions is essential for the well-being of our children and the integrity of our state’s educational workforce.
Your prompt attention and action on this critical issue will alleviate the strain on child care providers and demonstrate a commitment to equity and fairness in our regulatory practices. Thank you for your immediate attention to this pressing matter. For further discussion or information, please reach out without hesitation.
Why is this important?
Child care is the work that enables ALL other work. Please join in this effort to prevent further worsening the child care crisis.