1998-161 ORDINANCE NO {~)-/~t9//
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARD OF CARE
FOR A RECREATION PROGRAM ENTITLED DENTON MIDDLE SCHOOL PROGRAM
PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42 041 (b) (14), AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas recogmzes that many children of school age need an
orgamzed~pmgram for recreational activities after the end of the school day and for other non-
school days, and
WHEREAS, the City of Denton, Texas through its Park and Recreation Department proposes
to operate a recreational program entitled the Denton Middle School Program for ctuldren of middle
school ag, to be operated at the middle schools of the Denton Independent School District, and
WHEREAS, the City of Denton, Texas needs to adopt Standards of Care for flus recreational
program so hcensmg as a day care facility will not be necessary, and
WHEREAS, the City of Denton, Texas with the cooperation and input ftom the Denton
Independent School District has formulated a Standard of Care that at a rmmmum includes staffing
ratios, mimmum staff, quahficat~ons, mmanum faclhty, health and safety standards, and
mechamsms for momtonng and enforcing the local standards, and further provides for notifying
parents that the program is not hcensed by the state and that the program may not be advertised as a
day care facility, and
WHEREAS, after the adoption of the standard of care, the City will then formalize an
agreement with the Denton Independent School District to faclhtate the Denton Middle School
Program, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Council, City of Denton, Texas adopts the Standard of Care for
the Denton IVhddle School Program wluch is attached as Exbablt "A" and incorporated herein by
reference as if written word for word pursuant to SecUon 42 041 (b) (14), Texas Human Resources
Code
SECTION II. That flus orchnance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED thlS the d'~j~ dayof ~Q~_0~. ~__ , 1998
Page 1
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO~D AS ~O LEGA~ FORM
HERBERT L PROUTY, CITY ATTORNEY
F ~shared~de~t~LGL\Our Document~\Ordmances\98\Denton Middle School Program standard of care doc
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EXHIBIT "A"
Denton Middle School Program Standards of Care
The following Standards of Care are seelang adoption by the C~ty Council of Denton, Texas to
comply wxth the amendment to Sectxon 42 041 (b) (14), Human Resources Code as approved by
the Texas Legislature dunng the 74th legislative session
Sectton 42 041 (b) (14), Human Resources Code
An elementary-age (ages 5-13) recreation program operated by muntctpahty provtded the
govermng body of the mumctpahty annually adopts standard of care by ordmance after a pubhc
heanng for such programs, that such standards are prowded to the parents of each program
parttctpant, and that the ordmance shall tnclude a minimum, staffing rattos, mmtmum staff
quahficattons, mmtrnum facthty, health and safety standards, and mechamsms for momtortng
and enforcing the adopted local standards, and further provtded that parents be tnforrned that
the program ts not hcensed by the state and the program may not be adverttsed as a day-care
facd~ty
The Standards of Care are intended to be minimum standards by which Denton Parks and
Recreation and DISD will operate the Middle School Program. The program operated by the
C~ty and DISD ~s recreational and educattonal m nature and not a day-care program
General Administration
1 Definitions
A City-C~ty of Denton
B City Councd-C~ty Council of the C~ty of Denton
C Department-Denton Parks and Recreation Department
Df DISD-Denton Independent School Dmmct
E DISD School Board-School Board of Denton Independent School D~stnet
F Division-Commumty Education
G Middle School Program-Denton Parks and Recreatmn and DISD's program
operating at the middle school a~cr school and other non-school day programs
whmh last one week (5 days) or longer for m~ddle school students
Program Manual-Notebook ofpohc~es, procedures, reqmred forms, and
organ~zatmnal and programming mformatmn relevant to the M~ddle School
Program
I Director-Denton Parks and Recreation Department D~rector or h~s/her designee
J Leisure Services Manager-Danton Parks and Recreation manager of designated
leisure services area
K Program Supervisor-Denton Parks and Recreation staff who has been assigned
supervisory responsthdlty for the M~ddle School Program
L Program Coordmator or Coordinator-Denton Parks and Recreatmn
Department staff who has been assigned admlmstratlve respons~bdlty for the
Middle School Program
M Program Leader/Site Leader-Denton Parks and Recreation Department part-
t~me staff, seasonal staff, or volunteers who has been assigned responsibility to
~mplement the Mxddle School Program
N Program S~te/Area-Area or facthtles where the Denton Parks and Recreation and
DISD's Middle School Program are held
O Enrichment Staff-DISD full-tune, part-time, seasonal staff, or volunteers who
have been assigned responsibility to implement ennchment programs for the
Middle School Program
P All Leaders-Program leaders, enrichment leaders, and volunteers who have been
assigned responsibility to implement the Middle School Program
Q, Participant-A youth whose parent(s) or guardian(s) have completed all required
registration procedures for the Middle School Program
R Parent(s)-Thls term will be used to represent one or both parent(s) or guardian(s)
who have legal custody and authority to enroll their chdd(ren) in the M~ddle
School Program
2 Orgamzation
A The governing body of the M~ddle School Program is the Denton C~ty Council
B Implementation of the Middle School Program Standards of Care is the
responslbd~ty of the Denton Parks and Recreation staff and DISD staff
C These Standards of Care will apply to the Middle School Program
D Each Program S~te will have a current copy of the Standards of Care avmlable for
public and staff
E Parents of Participants will be provided a current copy of the Standards of Care
prior to the start of the Middle School Program, preferably dunng the registration
process
(1) Cnmmal background checks will be conducted on prospective staff No
person with conviction or who is under indictment for, or is the subject of
an official cnmmal complmnt alleging violation of any of the crimes listed
in the Texas Department of Protective and Regulatory Servlces's Day-
Care Center Minimum Standards and Guidelines Appendix II or a felony
wolatlon of the Texas Controlled Substance Act may be present while
children are in care
3 Inspection/Monitoring/Enforcement
A The Coordinator of each Middle School Program to confirm compliance with the
Standards of Care will initiate a monthly inspection report
(1) Inspection reports will be sent to the Program Supervisor for review and
kept on record for at least two years
(2) The Program Supervisor will review the report and establish deadlines and
criteria for comphance w~th the Standards of Care
B The Leisure Services Manager will make visual inspections of the Middle School
Program based on the following schedule
(1) Each Middle School program sxte will be inspected bi-monthly This may
be scheduled or unscheduled
(2) The other non-school day Middle School Programs will be inspected once
dunng the school break
C Complaints regarding enforcement of the Standards of Care will be directed to the
Coordanator The Coordinator will be responsible for taking the necessary steps
to resolve the problems The Coordinator will record complmnts regarding
enforcement of the Standards of Care and their resolution The Program
Supervisor will address serious complaints regarding enforcement of the
Standards of Care and the comphunts and the resolution will be noted The
Leisure Services Manger and Director will be notified if the problem continues
D The Director will make an annual report to the City Council on the overall status
of the Middle School Program and the operation relative to compliance with the
adopted Standards of Care
4 Enrollment
A Before a child can become a Middle School Program partlmpant, the parents must
sign a registration form that contmns the pamelpant's
(1) Name, address, and home telephone number,
(2) In Case of Emergency contact names and telephone numbers,
(3) The names of people to whom the pamclpant can be released,
(4) A statement of the child's specml problems and/or needs
(5) Authorization to admlmster medication, if necessary,
(6) Emergency medical authorization, doctor's name, telephone number, and
(7) A hablhty waiver
5. Suspected Abuse
A Program Staff will report suspected child abuse in accordance with the Texas
Family code, telephone number, (800) 252-5400
B Program Staff will receive basle trmnmg related to child abuse prevention and
how to report suspected abuse
Staffing-Respons~bllities and Tralmng
6 Program Coordinator Qualifications
A Coorchnators will be staff of the Denton Parks and Recreation Department and
wall be required to have all Program Leader qualifications as outlined in Section 8
of this document
B Coordinators must be at least 21 years old
C Coordinators should possess the following combination of experience and
trmnmg
(1) One year experience m coordinating, planning, or instructing recreation or
educational program and events
(2) Two years of college from an accredited institution with coursework in
Recreation/Leisure, Park and Recreation Management, Physical
Education, or a closely related field
D Coorthnators must be able to pass a background cheek mcludlng a test for illegal
substance and drivers license check
E Coordinators must have successfully completed a course m first aid and Cardlo
Pulmonary Resuscitation (CPR) based on American Heart Association, American
Red Cross or National Safety Council Standards and have current certfficatlon, or
complete cemfieation wlthm one month of hire date
F Coordinators must be able to furnish proof of a clear tuberculosis test taken within
12 months prior to their employment date
G Coorthnators must take a tuberculosis test every two years from their employment
date and prowde proof of a clear tuberculosis test
7. Coordinator Responslbiiit~es
A Coordmators are responsible for adm~nlstenng the Middle School Program's daily
operations m compliance with the adopted Standards of Care
B Coorthnators are responsible for recommending for hmng, supervising, and
evaluatmg Leaders
C Coordinators are responsible for plarmmg, ~mplement~ng, and evaluating the
Middle School Program
8 Program Leader (Leader) Qualifications
A. Site Leaders will be part-time, temporary employees of Denton Parks and
Recreation or volunteers Enrichment Leaders will be part-time, temporary
employees of DISD
B. Leaders wor!ong with Partm~pants must be age 19 or older
C All Leaders should be able to consistently exhibit competency, good judgement
and self-control when worlong with Participants
D Leaders must relate to Participants w~th courtesy, respect, tolerance and patience
E Leaders should have current certification in first md and CPR based on American
Heart Association, American Red Cross or National Safety Council Standards, or
complete certffieatlon wlthm one month of h~re date
F Each leader applicant must be able to furnish proof of a clear tuberculosas test that
was completed withm the 12 months prior to his or her employment date
G All leaders must pass a background investigation including a test for illegal
substances and driver's heense cheek
H Sate Leaders must take a tuberculosis test ever two years from their employment
date and provide proof of a clear tuberculosis test
9. Leader Responsibilities
A Leaders will be responsible for providing Participants with an environment in
which they can feel safe, enjoy wholesome educational and recreational activities
and participate m appropriate social opportunities with their peers
B Leaders will be responsible to know and adhere to all City, Departmental, DISD,
and the Middle School Program standards, pohcIes, and procedures that apply to
the Middle School Program
C Leaders must ensure that Participants are released only to a Parent or an adult
designated by the Parent All Program S~tes will have a copy of the Department
gmdelmes to verify the Identity ora person authorized to pack up a Paint,pant if
that Leader does not know that person
10. Trmning/Or~entation
A, The Department is responsible to provide training and onentation to the M~ddle
School Program staff m working w~th Participants and for specific job
responsibilities Coorchnators will provide each Leader with a Program Manual
B Leaders must be familiar with the Standards of Care for the Middle School
Program as adopted by the City Council
C Program Staff must be famlhar with the Middle School Program policies,
Including dlsciphne, gmdance and release of Participants as outlined an the
Program Manual
D Program Staffwill be trmned an appropriate procedures to handle emergencies
E Program Staff will be trmned m areas Including City, Department, DISD, and
Middle School Program policies and procedures, recreaUon activity organization,
safety issues, program organization, and other areas as required by the Middle
School Program
F Program Staff will be required to sign an acknowledgement that they have
received the required trmmng
Operations
11. Staff-Participant Rations
A In the Middle School Program, the standard ratio of Participants to Staff is 20 to
1 In the event a Leader is unable to report to the Program Sate, the Coordinator
wall assign a replacement At the current time, we are not able to provide 1 on 1
supervision However, if a parent feels a participant needs more direct
supervision, they may call the office
B Each Participant wall have a Program Staff who IS responsible for ham or her and
who as aware of details of the Participant's habits, interests and any special
problems as identified by the Participant's Parents dunng the registration process
12 Discipline
A Program Staff will implement discaphne and guidance in a consistent manner
based on the best mterasts of the Participants
B There will be no creel treatment or harsh pumshment
C Program Staff will use brief, supervised, separation (personal attitude break) from
the group if necessary
D As necessary, Program Staff will imtmte incident and/or dISclplme reports to the
Parent(s) of Participants Parents wall be asked to sign Participant discipline
reports to indicate they have been adwsed about specific problems or incidents
E Three chsciplme reports will result in a three-day suspension from the Middle
School Program A fourth discaphne report will result in removal from the
program The Program Supervisor does reserve the right to deem any s~tuataon as
reason for ~mmedaate suspension or removal from the program If a fight occurs,
Program Staff does reserve the right to call the police and the police will notify
the Participant's Parent(s) of the situation
F Participants will be removed from the Program Site as soon as possible an
instances of danger to other Participants, self, facahtIes, or Staff
13 Programming
A Program Staff will provide cultural, educataonal, and recreataonal program for
each group of Participants according to thear ages, interests, and abIhtles The
actavIt~es wall be appropriate to Partacapant's health, safety, and well bemg The
actav~tIes also will be flexible and promote the Particapant's emotaonal, socml, and
mental growth
BProgram Staffwlll attempt to provide indoor and outdoor time periods to include
(1) Alternating actave and passive activitaes,
(2) Opporttm~ty for ~ndlvldual, small and large group act~wtles,
(3) Outdoor time each day as weather permits based on room avaflablhty and
weather eondmons, and
(4) Ennehment classes
C All Staffwlll be attentave and considerate of the Participant's safety on field taps
and during any transportation prowded by the M~ddle School Program
(1) Dunng field taps, Program Staffwlll have authorization for emergency
medical care and emergency contact ~nformatlon for each Participant
(2) All Staffwfll have a written list of the Participants in the group and must
check the roll frequently, specifically before departure to and from
destmat~on
(3) All Staffwfll have first md supplies avmlable on field taps
(4) The Participant to Staff ratio dunng field taps ~s 15 to 1
14 Communication
Each remote Program Site will have a pager to be contacted by Staff Each Program
Staff will have access to a telephone for use m contacting Staff or makang emergency
telephone calls
A At each Program Site the following telephone numbers will be posted adjacent to
a telephone accessible to all Program Staff
(1) Ambulance or emergency medical servmes
(2) Police Department
(3) Fire Department
(4) Program Supervisor and Adm~mstrat~ve Office
(5) Telephone numbers and address for the Program Site itself
(6) Telephone number of Coordinator's Office
15. Transportation
A Enrolling an the program includes permission to transport participants for field
trips
B First aid supplies will be avmlable In all Middle School Program vehmles that
transport Participants
C All velucles used for transporting Participants will have a portable fire
extinguisher installed
D Seatbelts will be worn if provided
E Participants will be oriented to expected behavior and safety roles
F A sign will be posted three days pnor to any field trip so parents are aware of the
tnp
Facility Standards
16. Safety
A Program Staff will respect Program Sites dmly for sanitation and safety concerns
that might affect the health and safety of the Participants This checklist will be
turned in weekly and kept on file by the Coordinator
B A monthly building and grounds inspection will be completed by Program Staff
C Program Site equipment and supplies will be safe for the Participants use
D Program Staffwfll have first md supplies avmlable at each Program Site in a
designated location, dunng transportation, and for the duration of any off-Site
activity Program Staffwlll have an immediate access to a guide for first aid and
emergency care
E, Program Site air eonthtloners, eleemc fans, and heaters will have safeguards that
keep Participants from being injured
F All Program Site areas will comply with ADA roles and regulations
17. Fire
A In case of fire, danger of fire, explosion or other emergency, Program Staff first
priority is to evacuate the Participants to a pre-designated safe area
B The Program Site will have an annual fire inspection by the local Fire Marshall,
and the resulting report will detml any safety concerns observed The report will
be forwarded to the Program Supervisor who will review it and establish the
deadline and criteria for compliance
C Each Program Site will have at least one fire extmgmsher approved by the Fire
Marshall readily avmlable to all Program Staff The fire extinguisher will be
inspected monthly by the Program Staff, and a monthly report will be forwarded
to the Program Supervisor who will keep the report on file for a mlmmum of two
years
D Fire drills will be lmtlated by Program Staffbased on the following schedule
(1) Middle School Program-Once every three months
18 Health
A Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
Participants or Staff will not be admitted to the Middle School Program
(2) Illnesses and mjunes will be handled in a manner to protect the health of
all Participants and Staff
(3) Program Staffwfll follow emergency procedures for injured Participants
or Participants with symptoms of an acute illness as specified in the
Program Manual
(4) Program Staff will follow the recommendation of the Texas Department of
Health concermng thc admission or readmlsslon of a Participant after
commumcable disease
B Program Staff has the option to administer medlcataon If the Program Staff
exercises this option, they will admlmster medication only if
(1) Parent(s) complete and sign a methcatlon form that provides authorization
for Staff to dispense medication wath details as to times and dosages This
authorization is mcluded on the registration form
(2) Presenptlon merhcatlons are in the original eontamers labeled with the
Pamelpant's name, a date, directions and physmlan's name Program
Staffwfll adrmmster the medication only as stated on the label Program
Staff will not admlmster medication after the expiration date
(3) Non-prescription medications are labeled with the Participant's name and
the date the medication was brought to the Middle School Program Non-
prescription medication must be in the original container The Program
Staff will admlmster mechcatlon only according to label dlreetaons
(4) Program Staffwlll ensure medications are inaccessible to Participants If
necessary, medmatlons will be kept m the refrigerator (when avmlable)
Medications will be kept separate from the food
C Toilet Facfllt~es
(1) The Program S~te wall have toilets located and eqmpped so Partm~pants
can use them independently and Program Staff can momtor as needed
(2) There wall be one toilet for every 30 Partm~pants Unnals may be counted
~n the ratio of toilets to Part~mpants, but will not exceed 50% of the total
number of toilets
(3) An adequate number of lavatories will be prowded
D Sanitation
(1) The indoor s~te for the M~ddle School Program must have adequate hght,
ventdat~on, mr condlt~omng and heat
(2) The Program S~te wall have an adequate supply of water meeting the
Texas Department of Health standards of dnnk~ng water Water wall be
supphed to Partm~pants m a safe and samtary manner
(3) All waste matters will be kept ~n a leakproof, covered contmner
19. Participant Eligiblhty
A Participants must be a DISD m~ddle school student, who ~s currently enrolled m
the school
B Partm~pants must be independent m tmletmg
C Part~mpants must comply w~th s~te roles
Denton Middle School Program
Standards of Care
Tlus ordinance as in accordance with an amendment to Section 42 041 (b) (14), Human
Resources Code as approved by the Texas Legislature dunng the 74th Legislative Session Based
on that legislation, mummpal youth recreation programs can be exempted from the state's
licensing reqmrement if the cities comply with the provisions of that legislation, which amends
the Human Resource Code
Section 42 041 (b) (14), Human Resources Code
An elementary-age (ages 5-13) recreation program operated by muntcipahty provtded the
governing body of the mumctpahty annually adopts standard of care by ordinance after a pubhc
hearing for such programs, that such standards are provided to the parents of each program
participant, and that the ordinance shall mclude a mtmrnurn, staffing ratios, minimum staff
quahficattons, mmtmum facthty, health and safety standards, and mechamsms for momtortng
and enforcmg the adopted local standards, and further provtded that parents be informed that
the program ts not hcensed by the state and the program may not be advertised as a day-care
facdtty
The Standards are intended to be mmnnum standards by which the Denton Parks and Recreation
and Denton Independent School District (DISD) Middle School Program will operate Although
the above section describes the participants as "elementary age", there will be middle school
students falling within the age gmdehne of"ages 5-13" In accordance, the Director of Parks and
Recreation will make an annual report to City Council on the overall status of the Middle School
Program and their operation relative to compliance with the adopted Standards of Care
On an annual basis, the Standards will be reviewed and revised accordingly In accordance with
legislation, the Standards and Orchnance must be submitted to the City Council on an annual
basis, for adoption In response, Denton Parks and Recreation and DISD will evaluate the
program and make any revisions necessary and submit the Ordinance for Park Board and City
Council consideration