Exceptional Learning Center LLC

***Repeat Violation and Systemic Deficiency*** The center must request a search of the central registry prior to the employee’s first day of employment.

“Staff #2, employed for over two months, did not have a central registry search requested.”

Rule 22.1-289.035-B-3.

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

“Board Member #1 did not have documentation of an updated central registry search which was overdue by 52 days.”

Rule 22.1-289.036-A.

Staff shall complete orientation training prior to the staff member working alone with children and no later than seven days of the date of assuming job responsibilities.

“Staff #1 had no documentation of completed training and had been employed for 11 days.”

Rule 8VAC20-780-240-B.

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

“1. In room #1, a hole in the wall was exposing drywall and chipped paint. 2. In room #2, a hold in the wall was exposing drywall and chipped paint, a piece of the vinyl flooring was torn, creating a tripping hazard. 3. In the hallway, one step stool used at the water fountain had a broken leg.”

Rule 8VAC20-780-270-A.

Hazardous substances such as cleaning materials shall be kept in a locked place using a safe locking method that prevents access by children.

“In room #2, one bottle of rubbing alcohol and two containers of Lysol spray were located in a cabinet unlocked.”

Rule 8VAC20-780-280-B.

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

“1.Child #2, enrolled for more than a year; Child #4, enrolled for more than a month; and Child #5, enrolled for more than a month, did not have one of the two designated people to call in an emergency if a parent cannot be reached. 2. Child #2, enrolled for more than a year and Child #3 enrolled for more than 18 months did not have parent confirmation that the required information in the child’s record is up to date.”

Rule 8VAC20-780-60-A.

8VAC20-780-70

“***Repeat Violation and Systemic Deficiency*** Documentation of at least 2 references to character, reputation, and competency are to be checked prior to employment. Staff #2, employed for over two months, did not have documentation of at least two references.”

Rule 8VAC20-780-70.

For each group of children, the center shall maintain a written record of daily attendance that documents the arrival and departure of each child in care as it occurs.

“The attendance record on the day of inspection did not have one child signed in.”

Rule 8VAC20-780-80-A.

***Repeat Violation and Systemic Deficiency*** Staff shall complete the departments health and safety update course annually.

“1. Staff #1 did not have documentation of completing the annual health and safety update course for 2025. 2. Member #1 did not have documentation of completing the annual health and safety update course for 2025 which was overdue by 10 months.”

Rule 8VAC20-790-600-F.

***Repeat Violation*** Staff shall complete the department’s health and safety update course annually.

“1. Staff #2 completed the course 145 days past the required renewal date. 2. Staff #3 did not have documentation of the completed course for 2024 or 2025.”

Rule 8VAC20-780-600-F.

***Repeat Violation*** The license and any other documents required by the Superintendent shall be posted on the licensed premises.

“The most recent inspection findings were not posted on the licensed premises.”

Rule 22.1-289.011-F.

The center is required to obtain a completed sworn statement prior to the employee’s first day of employment.

“Staff #1 did not have a sworn statement on file.”

Rule 22.1-289.035-B-1.

***Repeat Violation*** The center must request a search of the central registry prior to the employee’s first day of employment.

“Staff #1, who was employed for nine days, did not have a central registry search requested.”

Rule 22.1-289.035-B-3.

***Repeat Violation*** Each staff member shall submit documentation of a negative tuberculosis screening (TB) at the time of employment and prior to coming into contact with children.

“The record for staff #1 did not have documentation of a TB screening. Staff #1 worked for 9 days and terminated employment without documentation of a TB screening.”

Rule 8VAC20-780-160-A.

Staff shall complete a minimum of 16 hours of training annually, appropriate to the age of children in care.

“1. Staff #2 had documentation of 3 hours of annual training. 2. Staff #3 did not have documentation of annual training.”

Rule 8VAC20-780-245-A.

***Repeat Violation*** There shall always be at least one staff member on duty who has obtained within the last three years instruction in performing the daily health observation of children.

“There were no staff members on duty who had obtained instruction in performing daily health observation within the last three years.”

Rule 8VAC20-780-245-L.

***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.

“In room #1, a hole in the wall was exposing drywall and chipped paint.”

Rule 8VAC20-780-270-A.

***Repeat Violation*** During the stated hours of operation, there always shall be one staff member who meets the qualifications of a program leader or program director and an immediately available staff member, volunteer or other employee who is at least 16 years of age, with direct means for communication between the two of them.

“1. At 2:45 PM, staff #3 was the only staff in attendance at the center supervising eight children ranging in age from 2 years, 4 months to school age. 2. Staff #3 did not have documentation to demonstrate qualifications of a program leader or program director. 3. Staff #4 who is the program director arrived at 3:01 PM.”

Rule 8VAC20-780-340-C.

The operational responsibilities of the licensee shall include ensuring that the center’s activities, services, and facilities are maintained in compliance with these standards, the center’s own policies and procedures that are required by these standards, and the terms of the current license issued by the department.

“Child #1 and child #5 were in attendance and were younger than the age range of the license.”

Rule 8VAC20-780-40-E.

A first aid kit shall be wherever children are in care.

“There was no first aid kit on the vehicle used to pick up children from one local public school the day of the inspection.”

Rule 8VAC20-780-540-A.

Documentation shall be maintained of emergency evacuation, shelter-in-place, and lockdown drills that includes: 1. Identity of the person conducting the drill; 2. The date and time of the drill; 3. The method used for notification of the drill; 4. The number of staff participating; 5. The number of children participating; 6. Any special conditions simulated; 7. The time it took to complete the drill; 8. Problems encountered, if any; and 9. For emergency evacuation drills only, weather conditions.

“1. The required evacuation drills for January, February, May, June, July, August, and September 2025 were not documented. 2. The required lockdown drill was not documented.”

Rule 8VAC20-780-550-G.

***Repeat Violation*** Staff records shall be kept for each staff person and contain all of the required information.

“The record for staff #1, who worked at the center for 9 days, did not have documentation of two or more references as to character and reputation as well as competency.”

Rule 8VAC20-780-70.

Staff shall complete the departments health and safety update course annually.

“Staff #2 did not have documentation of completing the annual health and safety update course for 2024.”

Rule 8VAC20-780-600-F.

The center must request a search of the central registry prior to the employee’s first day of employment.

“Staff #3, who had been employed for 28 days, did not have a central registry search requested.”

Rule 22.1-289.035-B-3.

***Repeat Violation*** Documentation of at least 2 references to character, reputation, and competency are to be checked prior to employment.

“The record for staff #3, who has been actively working at the center for 28 days, did not have completed references.”

Rule 8VAC20-770-70-A.

Immunization records are required to be signed by a physician, his designee, or an official of the local health department.

“The immunization record for child #1 and child #2 was not signed.”

Rule 8VAC20-780-150-B.

***Repeat Violation*** Each staff member shall submit documentation of a negative tuberculosis screening at the time of employment and prior to coming into contact with the children.

“The record for staff #3 did not have documentation of a TB screening / test and is overdue by 28 days.”

Rule 8VAC20-780-160-A.

There shall always be at least one staff member on duty who has obtained within the last three years instruction in performing the daily health observation of children.

“There were no staff at the center on the day of the inspection with current daily health observation training.”

Rule 8VAC20-780-245-L.

In areas used by preschool age or younger children, electrical outlets shall have protective covers.

“1. In room #1, three outlets did not have protective covers. 2. In room #2, two outlets did not have protective covers. 3. Room #1 and room #2 had children ranging in age from 2 years to 6 years. The outlets were in reach of children in care.”

Rule 8VAC20-780-290-A-3.

***Repeat Violation*** Disposable diapers shall be disposed in a leakproof or plastic-lined storage system that is either foot-operated or used in such a way that neither the staff member’s hand nor the soiled diaper touches an exterior surface of the storage system during disposal.

“In bathroom #1, the step on trash can was not working. In bathroom #2, used for diapering, there was an short, uncovered trashcan.”

Rule 8VAC20-780-500-B.

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

“1. The record for child #1, child #4, and child #5 did not have the first date of attendance. 2. The record for child #2, did not have viewing proof of the child’s identity and age. 3. The record for child #3, did not have one of the two designated people to call in an emergency if a parent cannot be reached.”

Rule 8VAC20-780-60-A.

All staff who work directly with children shall have within 90 days of the date of employment a current certification in cardiopulmonary resuscitation (CPR) appropriate to the ages of children in care. The training shall include an in-person competency demonstration.

“The record for staff #1 did not include documentation of CPR certification to include an in-person competency demonstration. Staff #1 has been employed for 122 days.”

Rule 8VAC20-790-600-D-1.

The license and any other documents required by the Superintendent shall be posted on the licensed premises.

“The most recent inspection findings were not posted on the licensed premises.”

Rule 22.1-289.011-F.

The center must request a search of the central registry prior to the employee’s first day of employment.

“Staff #1, who had been employed for 122 days, did not have a central registry search requested. Staff #1 was working alone with children.”

Rule 22.1-289.035-B-3.

Each staff member shall submit documentation of a negative tuberculosis screening (TB) at the time of employment and prior to coming into contact with children.

“The record for staff #1 had documentation of a TB screening completed 57 days prior to hire.”

Rule 8VAC20-780-160-A.

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

“The record for staff #1 did not have documentation of the VDOE online orientation course. Staff #1 has been employed for 122 days and is working with children.”

Rule 8VAC20-780-240-A.

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

Rule 8VAC20-780-270-A.

During the stated hours of operation, there always shall be one staff member who meets the qualifications of a program leader or program director.

“At approximately 2:00 PM, staff #1 and staff #3 were the only staff in attendance at the center. Staff #1 and staff #3 were supervising 14 children. Staff #1 and staff #3 did not have documentation to demonstrate qualifications of a program leader or program director.”

Rule 8VAC20-780-340-C.

**REPEAT VIOLATION** When children are in ongoing mixed age groups, the staff-to-children ratio and group size applicable to the youngest child in the group shall apply to the entire group. The required ratio for children 2 years of age is one staff per eight children.

Rule 8VAC20-780-350-C.

Children’s hands shall be washed with soap and running water after toileting, or any contact with blood, feces or urine. Staff shall wash hands with soap and running water before and after a diaper change.

“Staff # 1 changed a child’s diaper in bathroom #2 and did not wash the child’s hands with soap and water. Staff #1 did not wash hands before or after changing a child’s diaper.”

Rule 8VAC20-780-500-A.

Disposable diapers shall be disposed in a leakproof or plastic-lined storage system that is either foot-operated or used in such a way that neither the staff member’s hand nor the soiled diaper touches an exterior surface of the storage system during disposal.

“A foot operated storage system used for disposing diapers was not located at the center. Staff was observed disposing diapers in trash can without lid.”

Rule 8VAC20-780-500-B.

**REPEAT VIOLATION** 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 #3, enrolled for 52 days, did not have documentation of the following components: name, address, and phone number of one of two designated people to call in an emergency if a parent cannot be reached; the sex of child; and names of persons authorized to pick up child.”

Rule 8VAC20-780-60-A.

Staff records shall be kept for each staff person and contain all of the required information.

“The record for staff #1, who has been working at the center for the 122 days, was missing documentation of two or more references as to character and reputation as well as competency, documentation to demonstrate that the individual possesses the education, certification, and experience required by the job position.”

Rule 8VAC20-780-70.

Based on a review of three staff records and interviews, the vendor did not ensure that staff who work directly with children completed the department’s health and safety update course annually.

“Evidence: The records for staff #1 (employed: 5/27/21) and staff #2 (employed: 9/29/21) did not contain documentation of the most recent annual health and safety update training. During interview, a member of management acknowledged staff #1 and staff #2 did not have documentation of required annual training.”

Rule 8VAC20-790-600-F.

Based on record review and interview, the center did not ensure one staff record contained documentation of out of state child abuse and neglect search.

“Evidence: 1. The record of staff #3 (employed: 3/27/24) did not have documentation of an out of state child abuse and neglect search request. 2. The Sworn Statement or Affirmation for staff #3 indicated that the staff member has lived in New York within the past five years. 3. A member of management verified that the record check had not been submitted within the required time frame.”

Rule 22.1-289.035-B-4.

Based on a review of staff records, the center did not ensure that subsequent communicable tuberculosis (TB) screenings were conducted at least every two years from the date of the initial screening.

“Evidence: The records for staff #1 and staff #2 did not contain updated TB screening results. A member of management stated that the TB screenings had not been updated.”

Rule 8VAC20-780-160-C.

Based on record review and interview, the facility did not ensure that staff received all required training prior to working alone with children and no later than seven days of the date of assuming job responsibilities.

“Evidence: The record for staff #3 (employed: 3/27/24) did not contain documentation of orientation training.”

Rule 8VAC20-780-240-B.

Based on record review and interview, two staff members did not complete annually a minimum of 16 hours of training appropriate to the age of children in care.

“Evidence: The record for staff #1 (employed: 5/27/21) contained four hours of annual training. The record for staff #2 (employed: 9/29/21) contained four hours of annual training.”

Rule 8VAC20-780-245-A.

Based on record review, the center did not ensure there was always at least one staff member on duty who has obtained, within the last three years, instruction in performing the daily health observation of children.

“Evidence: There was no documentation that at least one staff member on duty had obtained the daily health observation within the last three years.”

Rule 8VAC20-780-245-L.

Based on observation, the facility did not ensure compliance with ratios of staff to children as required.

“Evidence: In room #1, there were two staff to 20 children. Two of the 20 children in attendance in room #1 were two years of age, age was verified in children’s records. The center did not maintain the ratio of one staff for every eight children.”

Rule 8VAC20-780-350-C.

Based on observation the center did not ensure the license was posted in a place conspicuous to the public.

“Evidence: The license was not posted at the center.”

Rule 8VAC20-780-40-D.

Based on observation and interview, the first aid kit did contain the minimum required supplies.

“Evidence: 1. The first aid kit did not include two triangular bandages. 2. The director stated that the two triangular bandages were not in the first aid kit.”

Rule 8VAC20-780-540-C.

Based on interview, it was determined that the licensee did not ensure that a monthly practice evacuation drill was documented.

“Evidence: Staff #1 stated that there was no written documentation of the 2023 emergency evacuation drills.”

Rule 8VAC20-780-550-D.

Based on interview, the licensee did not ensure there was a minimum of two shelter-in-place practice drills, yearly.

“Evidence: Staff #1 stated that there was no written documentation of the 2023 shelter in place practice drills.”

Rule 8VAC20-780-550-E.

Based on interview, the licensee did not ensure that there was a minimum of one lockdown drill practiced, yearly.

“Evidence: Staff #1 reported that there was no written documentation of a lockdown drill for 2023.”

Rule 8VAC20-780-550-F.

Based on observation, the center did not ensure that the surface of tables were sanitized using a spray disinfectant solution before and after each use for feeding.

“Evidence: In room #5 children finished eating their meals and transitioned to the other activities. Staff #1 used disinfecting wipes to sanitize the tables used after feeding.”

Rule 8VAC20-780-560-J.

Based on a review of children’s records, the center did not ensure that each record contains all required information.

Rule 8VAC20-780-60-A.

Based on a review of staff records and interview, the center did not ensure staff had the satisfactory results of the fingerprint-based national criminal background check prior to employment.

“Evidence: The record for staff #1 (hired: 7/18/22) did not contain the results of the fingerprint-based national criminal background check.”

Rule 22.1-289.035-B-2.

Based on record review and interview, the center did not ensure one of two staff records had documentation of a completed sworn statement or affirmation prior to the first day of employment.

“Evidence: 1. The record of staff # (hire date: 7/18/22) did not have documentation of a completed sworn statement or affirmation.”

Rule 8VAC20-770-60-B.

Based on record review and interview, the center did not have documentation of central registry findings for one staff member.

“Evidence: 1. The record for staff # (hire date: 7/18/22) did not contain documentation of central registry findings.”

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

Based on a review of two staff records, it was determined that the vendor did not ensure that within the first 90 days of employment all staff shall complete the Virginia Preservice Training for Child Care Staff.

“Evidence: 1. The record for staff #2 (employed: 9/29/21) did not have documentation of the Virginia Preservice Training for Child Care staff within the first 90d days of employment. 2. A member of management stated that the training course had not been completed.”

Rule 8VAC20-790-600-B.

Based on record review, the facility failed to ensure each staff obtain CPR training within the first 90 days of employment.

“Evidence: The record for staff #2 (employed 9/29/21), had documentation of CPR training on 5/02/22.”

Rule 8VAC20-790-600-D-1.

Based on record review, the facility failed to ensure each staff obtain first aid training within the first 90 days of employment.

“Evidence: The record for staff #2 (employed 9/29/21) had documentation of first aid training on 5/02/22.”

Rule 8VAC20-790-600-D-2.

Based on a review of children’s records, the center did not ensure that each child shall have a physical examination by or under the direction of a physician before the child’s attendance or within one month after attendance.

“Evidence: The record for child #3 (start date 8/17/22), did not have a physical examination.”

Rule 8VAC20-780-140-A.

Based on staff interview the licensee did not ensure during the stated hours of operation, there always shall be on the premises and on field trips when one or more children are present one staff member who meets the qualifications of a program leader or program director and an immediately available staff member, volunteer or other employee who is at least 16 years of age, with direct means for communication between the two of them. The volunteer or other employee shall have received instruction in how to contact appropriate authorities if there is an emergency.

“Evidence: 1. Staff #1 stated that lunch is made in another space in the strip mall. Staff #2, must leave the center and walk to the other space in the strip mall to prepare lunch. 2. Staff #1 stated currently the center only has two staff employed.”

Rule 8VAC20-780-340-C.

Based on observation and interview, the center did not ensure that each first aid kit contained all required supplies.

“Evidence: 1. The center did not have at least two triangular bandages in the center’s first aid kit.”

Rule 8VAC20-780-540-C.

Based on interview, the center did not ensure that monthly practice evacuation drills were conducted.

“Evidence: 1. The provider was unable to locate the evacuation drills on the day of the inspection.”

Rule 8VAC20-780-550-D.

Based on a review of children’s records, the center did not ensure that each record contains all required information.

“Evidence: The records for child #5 and child #8, did not contain documentation of viewing proof of the child’s identity and age.”

Rule 8VAC20-780-60-A.

Based on a review of records and interview, the vendor did not ensure that four out of five staff submitted documentation of a negative tuberculosis (TB) screening within the required time frame.

Rule 22VAC40-665-540-A.

Based on observation, the center did not ensure that all hazardous substances such as cleaning materials, insecticides and pesticides shall be kept in a locked place using a safe locking method that prevents access by children.

Rule 22VAC40-185-280-B.

Based on observation, the facility did not maintain the ratio of one staff for every five children, ages 16 months old to two years.

“Evidence: On 10/05/2021, at approximately 10:10 AM to 10:19 AM, there was one staff member with 8 children in classroom #2. The youngest child (date of birth 04/05/20) was 18 months old.”

Rule 22VAC40-185-350-E-2.

Based on observation and interview, the facility did not comply with the terms of the current license issued by the department.

“Evidence: 1. The owner/director identified child #2, who was in care at the time of the inspection, as being 18 months in age when the license is issued for children 2 years through 12 years 11 months in age. 2. The owner/director verified that the child’s birthday was 04/05/2020.”

Rule 22VAC40-185-40-E.

Based on observation, the center did not ensure that children’s hands are washed with soap and running water or disposable wipes before and after eating meals and snacks.

“Evidence: In classroom #3, children finished eating snack and began the next activity without washing their hands with soap and running water or disposable wipes.”

Rule 22VAC40-185-500-A.

Based on observation and an interview, the center did not ensure toilet chairs were emptied promptly and cleaned and sanitized after each use.

“Evidence: 1. The toilet chair located in the bathroom had a yellow substance in the chair. The children were in classroom #2 participating in circle time. 2. The center representative confirmed that the yellow substance located in the toilet chair was urine.”

Rule 22VAC40-185-500-C.

Based on a review of children’s records, the center did not ensure a separate record for each child enrolled had all required information.

“Evidence: 1. Child #2 did not have a record on file at the center. 2. Child #2 was observed in care at the center during the time of inspection.”

Rule 22VAC40-185-60-A.

Based on a review of documentation and interview, the center did not ensure that volunteers who served in the capacity of staff had satisfactory results of the fingerprint-based national criminal background check prior to the first day of service.

“Evidence: 1. Volunteer #1 (start date 9/29/21) was counted in staff-to-child ratio on 10/05/2021, and the center did not have documentation of the volunteer’s completed fingerprint-based national criminal background check. 2. Owner/director confirmed lack of results in file, stating that she “hired a lady and she did not show up last week”. The owner/director requested volunteer #1 to help at the center without obtaining the fingerprint-based national criminal background check.”

Rule 63.2(17)-1720.1-B-2.