The Gardner School of Herndon

A tuberculosis (TB) screening is required every two years from the last screening.

“Staff #10’s updated screening was due 6 months ago. The updated screening has not yet been completed.”

Rule 8VAC20-780-160-C.

The center is required to have employees undergo a background check every five years.

“The most recent national criminal background check for staff A was overdue by 60 days and Staff C’s was overdue by 72 days. The most recent central registry check for staff A was overdue by 24 days and Staff C’s was overdue by 42 days.”

Rule 22.1-289.035-A.

Behavioral guidance shall be constructive in nature, age and stage appropriate, and shall be intended to redirect children to appropriate behavior and resolve conflicts.

“On Monday, June 22, 2026, Child A, age 18 months, pushed another child. Staff A intervened by turning Child A to face the wall and tapping the child on the cheek. This method of behavioral guidance was not constructive in nature and was not appropriate to redirect the child’s behavior.”

Rule 8VAC20-780-400-B.

Physical punishment or striking a child are forbidden actions.

“On Monday, June 22, 2026, Child A pushed another child. As a result, Staff A used physical punishment by tapping Child A on the cheek.”

Rule 8VAC20-780-410-1.

REPEAT VIOLATION: The center shall ensure that areas and equipment of the center, inside and outside, are maintained in a clean, safe and operable condition.

“The green and brown chairs in the two to three year old classroom contained two tears in the seating material. The paint was peeling on the wooden window ledges in the toddler classroom and in the two-year old classroom.”

Rule 8VAC20-780-270-A.

The diapering surface shall be used only for diapering or cleaning children.

“A Lego bin was stored on the diapering pad in the toddler classroom.”

Rule 8VAC20-780-500-B.

REPEAT VIOLATION: Two or more references as to character and reputation as well as competency must be checked before employment. If a staff reference check is taken over the phone, documentation shall included dates of contact.

“Documentation for Staff D’s two references did not include the date the references were contacted.”

Rule 8VAC20-780-70.

The center shall notify the parent by the end of the day of any known minor injuries.

“Child A sustained an injury to the mouth as a result of a fall in the classroom nine days ago. The parent was not notified of the minor injury as required.”

Rule 8VAC20-780-550-O. From a complaint.

The center shall maintain a written record of children’s serious and minor injuries with the required information in which entries are made the day of occurrence.

“The center did not have a written record completed for Child’s A’s injury which occurred nine days prior to the inspection.”

Rule 8VAC20-780-550-P. From a complaint.

REPEAT VIOLATION: The center is required to obtain background checks from any state in which the individual has resided in the preceding five years.

“The center did not request a search of the criminal history request from one state for Staff #8, who has been employed for one year and five months.”

Rule 22.1-289.035-B-4.

REPEAT VIOLATION Physical examinations completed by a physician must be obtained prior to the first day of attendance or within 30 days after the first day of attendance.

“There was no physical examination in the record of child #2, enrolled for thirteen months.”

Rule 8VAC20-780-140-A.

Documentation of a negative tuberculosis (TB) screening must be submitted at the time of employment, before coming into contact with children, and shall have been completed within the last 30 days of the date of employment.

“Staff #3 ‘s TB was dated 18 months prior to date of employment and has been employed for five months.”

Rule 8VAC20-780-160-A.

REPEAT VIOLATION A tuberculosis (TB) screening is required every two years from the last screening.

“Staff #1’s updated screening was overdue by one month. The updated screening has not yet been completed.”

Rule 8VAC20-780-160-C.

Staff are to complete the VDOE sponsored online orientation course within 90 days of hire.

“Staff #3, who is working with children, has not yet completed this course which is overdue by 74 days.”

Rule 8VAC20-780-240-A.

REPEAT VIOLATION: Up-to-date information is required to be requested from the parent for each child’s record at least annually.

“The annual update of the information in the records were overdue for child #1 by fifty-four days, child #2 by twenty-three days and Child #4 by two years.”

Rule 8VAC20-780-420-E-3.

REPEAT VIOLATION: Documentation of at least 2 references to character, reputation, and competency are to be checked prior to employment to include dates of contact, name of persons contacted, and signature of person making call. Each staff record must include name, address, and telephone number of a person to be notified in an emergency.

“Staff #6 was missing information for an emergency contact. Staff #3, employed for five months, and Staff #8, employed for 17 months, were missing documentation of two references to character, reputation, and competency.”

Rule 8VAC20-780-70.

The license and any other documents required must be posted in a conspicuous place on the licensed premises.

“The findings from the most recent inspection, dated 10/23/2024, were not posted in a conspicuous place on the premises.”

Rule 22.1-289.011-F.

The center is required to obtain background checks from any state in which the individual has resided in the preceding five years.

“The center did not request a search of the child abuse and neglect registry from one state for Staff B, who has been employed for one year and five months and was working with children at the time of the inspection.”

Rule 22.1-289.035-B-4.

REPEAT VIOLATION: Physical examinations completed by a physician shall be obtained prior to the first day of attendance or within 30 days after the first day of attendance.

“There were no physical examinations in the records of child G, enrolled for seven months, and child H, enrolled for 8 months.”

Rule 8VAC20-780-140-A.

Repeat violation:

“The center must ensure that areas and equipment of the center, inside and outside, are maintained in a clean, safe and operable condition. In the Explorer-B twos classroom, there were four areas of peeling paint on the wooden border, within reach of children.”

Rule 8VAC20-780-270-A.

Up-to-date information is required to be requested from the parent for each child’s record at least annually.

“The annual update of the information in the record of child E was overdue by one year and three months.”

Rule 8VAC20-780-420-E-3.

Each center shall maintain and keep at the center a separate record for each child enrolled that contains all of the required information.

“The record for Child E, enrolled for one year and seven months, was missing one emergency contact and documentation of viewing proof of child’s identity and age. Child H, enrolled for eight months, was missing one parent’s work phone number. Child J, enrolled for 11 months, was missing both parents’ work numbers and doctor’s name and phone number.”

Rule 8VAC20-780-60-A.

Documentation of at least 2 references to character, reputation, and competency are to be checked prior to employment to include dates of contact, name of persons contacted, and signature of person making call. Each staff record must include name, address, and telephone number of a person to be notified in an emergency.

“Staff A, C, D, and G were missing dates references were contacted. Staff B was missing names of persons contacted for references and information for an emergency contact. Staff C’s record was missing signature of person making the reference call. Staff E’s second reference was checked three days after hire.”

Rule 8VAC20-780-70.

Physical examinations completed by a physician shall be obtained prior to the first day of attendance or within 30 days after the first day of attendance.

“There was no physical examination in the record of child #9, who had been enrolled for over two months.”

Rule 8VAC20-780-140-A.

A tuberculosis (TB) screening is required every two years from the last screening.

“Staff #3’s updated screening was due over 3 months ago. The updated screenings has not yet been completed.”

Rule 8VAC20-780-160-C.

Individuals from independent contractors who do not meet staff qualifications shall, when in the presence of children, be within sight and sound supervision of a staff member.

“Independent contractor #1 was left alone without sight and sound supervision of a staff member in the Enrichment Room, where six children were practicing dance for approximately 30 minutes.”

Rule 8VAC20-780-230-B.

The center shall ensure that areas and equipment of the center, inside and outside, are maintained in a clean, safe and operable condition.

“In the enrichment room, a one-and-a-half inch dented metal frame was exposed on the lower wall where children were having dance practice. In the Explorer-C Twos classroom, there were three areas of peeling paint, each measuring within 1 to 3 inches in length, within reach of children.”

Rule 8VAC20-780-270-A.

Hazardous substances must be in a locked place that prevents access by children.

“In the Infant, Pre-K A, and Young 4’s classrooms, cleaning solutions and sanitizing solutions were in an unlocked cabinet, out of reach of children.”

Rule 8VAC20-780-280-B.

Children under 10 years of age shall always be within actual sight and sound supervision of staff.

“During a 30-minute period, six children aged three and above were not within actual sight and sound supervision of staff while participating in dance lessons in the Enrichment Room with Independent Contractor #1.”

Rule 8VAC20-780-340-F.

The required ratio for children ages 3 years to school age eligible is one staff per ten children.

“Independent Contractor #1 was supervising dance lessons with six children aged 3 and above for approximately 30 minutes without a qualified staff member present to meet the required staff -to-child ratio.”

Rule 8VAC20-780-350-B-4.

8VAC20-780-320-B

“Based on observation, not all bathrooms were equipped with toilet paper. Evidence The bathroom in the Exploration C classroom did not have toilet paper available to the children.”

Rule 8VAC20-780-320-B.

8VAC20-780-520-A

“Based on observation, over the counter skin products were kept beyond their expiration dates. Evidence There were five (5) expired diaper creams in the bin under the diaper changing table in the Exploration C classroom.”

Rule 8VAC20-780-520-A.

8VAC20-780-550-E

“Based on review of emergency procedures, two shelter in place procedures were not practiced annually. Evidence There was documentation of one shelter in place practiced annually.”

Rule 8VAC20-780-550-E.

8VAC20-780-550-F

“Based on review of emergency procedures a lockdown drill was not practiced annually. Evidence There was no documentation of a lockdown drill being practiced annually.”

Rule 8VAC20-780-550-F.

8VAC20-780-550-P

“REPEAT VIOLATION Based on review of children’s serious and minor injuries, not all required information is being documented. Evidence The written record of children’s serious and minor injuries does not include any future action to prevent recurrence of the injury.”

Rule 8VAC20-780-550-P.

8VAC20-780-160-C

“REPEAT VIOLATION Based on review of staff records, one staff member at least every two years from the date of the last tuberculosis screening, did not obtain a new tuberculosis screening. Evidence The tuberculosis screening for staff #1 currently in their record expired 3/15/2023.”

Rule 8VAC20-780-160-C.

8VAC20-780-440-B

“Based on observation, cots are not identified for use by a specific child. Evidence The cots in the Jr. K room were not identified for use by a specific child.”

Rule 8VAC20-780-440-B.

Based on review of staff records, each staff member did not submit documentation of a negative tuberculosis (TB) screening.

“Evidence Staff #1 (doh 2/10/23) did not submit documentation of a negative TB screening.”

Rule 8VAC20-780-160-A.

8VAC20-780-420-E-1

“Based on review of infant daily records, the center is not recording for infants, who are awake and cannot turn over by themselves, the amount of time spent on their stomachs. Evidence The is no record for any infant, who cannot turn over by themselves, he amount of time spent on their stomachs.”

Rule 8VAC20-780-420-E-1.

8VAC20-780-500-B

“Based on observation, the diapering surface is not being cleaned and sanitized after each diapering. Evidence The diapering surface is not being cleaned with soap and water and sanitized with bleach and water after each diapering in the Discovery A and Exploration B classrooms. The surface is only being sanitized after each use.”

Rule 8VAC20-780-500-B.

Based on review of the operational responsibilities of the license, the center did not ensure the center shall follow their own policies and procedures.

“Evidence Staff did not change the diaper for child #1 on July 8, 2022 every two hours. Child was changed at 10:42am, and not again until 2:28pm. The center’s own operational responsibilities include “The Gardner School teaching staff will check children’s diapers hourly and change the children at least every two hours, unless their diapers are soiled prior to the diaper checks”, page 3 of the Gardner School parent handbook.”

Rule 8VAC20-780-40-E. From a complaint.

8VAC20-780-40-M

“Based on observation the center did maintain, in a way that is accessible to all staff who work with children, a current written list of all children’s allergies, sensitivities, and dietary restrictions documented in the allergy plan. The center did not keep the list confidential in each room or area where children are present. Evidence The current written list of all children’s allergies, sensitivities and dietary restrictions was not kept confidential, it was hung on the outside cabinet in each room with no covering.”

Rule 8VAC20-780-40-M.

8VAC20-780-550-P

“Based on review of of centers written record of children’s serious and minor injuries, the written record does not include all required information. Evidence The centers written record of children’s serious and minor injuries does not include any future action to prevent recurrence of the injury and how the parent was notified.”

Rule 8VAC20-780-550-P.

8VAC20-780-560-G

“Based on observation, when food was brought from home, the food container was not dated and labeled in a way to identify the owner. Evidence In the Imagination room three children’s lunch boxes brought from home were not labeled with date or name.”

Rule 8VAC20-780-560-G.

8VAC20-780-60-A

“Based on review of 11 children’s records, four did not contain complete emergency contact information. Evidence The record for child #1 did not contain the address or phone number for the second emergency contact. The record for child #3 did not contain a second emergency contact. The record for child #6 and #8 did not contain the address for the second emergency contact.”

Rule 8VAC20-780-60-A.

8VAC20-770-60-B

“Based on review of 4 staff records, one did not provide a completed sworn statement or affirmation. Evidence: The record for staff #1 did not contain a completed sworn statement or affirmation.”

Rule 8VAC20-770-60-B.

8VAC20-770-60-C-2

“Based on review of 4 staff records, one did not have a record of central registry finding within 30 days of employment. Evidence Staff #2 did not have a record of central registry finding within 30 days of employment and no follow up was documented.”

Rule 8VAC20-770-60-C-2.