The ABCs of Well-Written Early Childhood Policies: Three Factors that Affect the Quality of Your Program Policies

Raise your hand if you love writing policies! Anyone? No one?
What’s the current state of your Family Handbook? Your staff handbook? When was the last time you reviewed them? Those often overlooked, sometimes lengthy documents that outline how things are done in your program are critical to a high-quality program.
Family Handbooks and Staff Handbooks can be your best friend or your worst enemy depending on how well they are written. Let’s take a look at different factors that make a difference when writing policies for your program.

Words Matter!

Let’s start with word choice. When writing documents that can be used in a court of law, such as company policies, word choice matters!

You might think that using absolutes like “must” and “will” in policies makes them sound authoritative and clear-cut. And sure, they do convey a sense of certainty. But here’s the thing: when it comes to childcare, there’s often a lot of gray areas. There will be times when it is in your best interest to use strong, absolute words, and there will be other times when it would be better to use more forgiving words such as ‘should’ and ‘might’.

Must vs. Should

Consider the difference between ‘Parents must call if their child will be absent’ vs. ‘Parents should call if their child will be absent.’ The first statement indicates there is a consequence if they don’t call. The second statement suggests it would be nice if parents called to let you know their child will not be attending that day. Which one is correct? Whichever one is true for your particular program.

Consider this example from a staff perspective: ‘Staff must wash hands before preparing food’ vs. ‘Staff should wash hands before preparing food.’ Only one of these is correct!

Might vs. Will

Let’s take a look at ‘might’ and ‘will.’ The word ‘might’ refers to possibility; it might happen. And ‘will’ says that it most definitely is going to happen. With that distinction in mind, compare the following statements:

“Staff who consistently arrive late to work will receive corrective action which might lead to termination.”
vs.
“Staff who consistently arrive late to work will receive corrective action and will be terminated.”

The first statement says staff most definitely will receive corrective action, but termination is only a possibility. The second statement says staff not only will receive corrective action, but also will most definitely lose their jobs.
The first statement gives you ‘wiggle room.’ It allows you to consider an individual employee’s circumstances. It allows you to decide the tardy employee’s fate based on the current issues surrounding your center. Perhaps you are willing to work with this staff member to improve their professionalism. Perhaps you are really short-staffed and think a late employee is better than no employee at all. Or perhaps, you’ve had it with that employee, and you are ready to terminate them. Either way, the first statement leaves you with options.

The second statement, however, does not leave you with options. You are left with no choice but to terminate. If you break your own policy and decide to give this employee ‘one more chance,’ then you will need to give all employees ‘one more chance’ to avoid being accused of discrimination or unfair practices.

Might vs. May

The words “might” and “may” are often used interchangeably, but they do have different meanings. ‘Might’, as we’ve said, refers to possibility whereas ‘may’ refers to permission.

‘May’ is a better word choice when you are writing policies that create boundaries for your families and staff. For example, “Staff may bring personal beverages to work.” Or “Parents may drop off their children anytime between 6:00 and 9:00 a.m.”

Community and Culture

In the diverse tapestry of our communities, it’s crucial to recognize that one size doesn’t fit all when it comes to childcare policies. Every culture and community brings its own unique values, traditions, and expectations to the table. That’s why it’s essential to consider these factors when creating company policies.

Think about it this way: what might be perfectly acceptable in one culture could be seen as disrespectful or inappropriate in another. For example, in some cultures, it’s customary for extended family members to be heavily involved in childcare, while in others, parents might prefer more independence and privacy. By taking the time to understand and respect these cultural differences, you can create policies that are inclusive and respectful of everyone’s beliefs and practices.

But it’s not just about cultural differences; it is also important to know and understand your surrounding community’s values and interests. It’s also about recognizing the importance of community involvement. Childcare doesn’t happen in a vacuum; it’s deeply intertwined with the communities we serve. By understanding your community, you can ensure that your policies reflect the needs and priorities of the families you serve.

Business structure

In the hustle and bustle of running a childcare business, it’s easy to get caught up in the day-to-day operations and overlook the bigger picture. But here’s the thing: your policies should be more than just a set of rules and guidelines. They should be a reflection of who you are as a childcare provider and what you stand for as a business.
That’s why it’s essential to consider your mission, purpose, and philosophy when creating policies. After all, these elements form the foundation of your childcare center and guide everything you do, from curriculum development to staff training to parent communication.

For example, let’s say your childcare center has a strong emphasis on play-based learning and child-led exploration. In that case, your policies should reflect this philosophy by prioritizing hands-on, experiential learning opportunities and allowing children the freedom to explore and discover at their own pace. In this case, a policy requiring strict adherence to a standardized curriculum would be a complete mismatch. This can sometimes happen when a program takes on a new philosophy or has new leadership but doesn’t go back to review policies and align them with the new philosophy.
Likewise, if your mission is to create a nurturing and inclusive environment where every child feels valued and supported, your policies should reflect this commitment to diversity, equity, and inclusion. This might mean implementing policies that promote cultural awareness, accommodate diverse needs, and ensure that every child has access to the same opportunities and resources. It might also mean that you need to write policies that are clearly family-oriented rather than child-oriented so that the whole family is considered a part of your program.

If your business structure or legal requirements impose certain limitations or constraints, it’s essential to consider how these factors might impact your policies. For example, if you operate as a franchise or are subject to specific licensing regulations, you’ll need to ensure that your policies comply with these requirements while still staying true to your mission and philosophy. Same would be true if you are a faith-based program that is affiliated with a particular church or religion. Perhaps your center receives grant money or is subsidized by a community program. These possible scenarios might require special consideration when you’re creating company policies.

Ultimately, the key is to strike a balance between practical considerations and philosophical principles. Your policies should support your business goals and objectives while also reflecting your core values and beliefs. By taking the time to consider your business structure, mission, purpose, and philosophy when creating policies, you can ensure that they’re not only effective and practical but also meaningful and reflective of who you are as a childcare provider.

Other Considerations

While creating policies tailored to cultural considerations and community needs is essential, it’s also crucial to recognize the legal and practical implications of liability. Childcare providers carry a significant responsibility for the safety and well-being of the children in their care, and well-written policies play a crucial role in mitigating potential risks and liabilities. Well-written policies set everyone up for success while protecting the company. Here are some additional considerations when writing solid policies:

Level of detail

Be careful of being too detailed in your writing. Details can narrow your options and possibly back you into a corner forcing you to respond in an exact way that doesn’t necessarily fit the situation. Additionally, if you have too many details, and you overlook one of them, it can be used against you. State licensing verifiers, attorneys, and parents are pros at finding errors when it benefits them.

For example, if you have a Behavior/Expulsion policy that includes multiple steps that your staff and parents must follow before expelling a child, every step must be followed according to policy. Every. Single. Step. This is where words like ‘may,’ ‘might,’ and ‘should’ will really come in handy. If you say, “Staff must/will meet with parents…,” and for some reason this doesn’t happen, then you are guilty of not following policy. If instead you say, “Staff may meet with parents…,” then it was never a requirement, just an allowable practice.

True story: A parent reported my center to licensing for expelling her child whose behavior had become so challenging that others’ safety was at risk. We had a very detailed expulsion policy, which we had followed exactly. This means we had tried multiple interventions that for the specified amount of time, had multiple parent meetings, and had finally come to the conclusion that the child needed more than we could provide. Mama was very unhappy with the decision. When the licensing verifier came to investigate the complaint, she asked for a copy of our policy along with all the documentation. I nervously waited while she checked every piece of documentation against every item in the policy. Thankfully, we had followed the policy (we truly want children to succeed and stay in our care), and she did not substantiate mama’s complaint. However, the verifier did suggest that we reconsider our policy and make it much less detailed because if we “had missed any one of those steps”, she “would have found in favor of the child’s mother.” We immediately rewrote our policy! The new version was much shorter and included some disclaimer phrases so that we could make decisions that were in the best interests of all parties without unnecessary risk of liability.

Disclaimer Phrases

Disclaimer phrases are also an excellent tool for writing policies. Why? Because a disclaimer phrase leaves room for flexibility and understanding. It acknowledges that situations might arise where the strict letter of the policy doesn’t quite fit. While it’s important to have structure and consistency, well-written policies strike a balance between flexibility and firmness.
Here are some excellent disclaimer phrases you can add to your policies and/or handbooks where appropriate:

 

  • “We reserve the right to update or revise policies and procedures outlined in this handbook as necessary to maintain the quality and safety of our childcare services.”
  • “While we strive to maintain a safe environment, we cannot guarantee the complete elimination of risks inherent in childcare activities. Parents and staff are encouraged to remain vigilant and communicate any concerns promptly.”
  • “The childcare facility is not responsible for personal belongings brought onto the premises by staff, children, or families. We recommend labeling all items and keeping valuables at home.”
  • “We reserve the right to update or revise policies and procedures outlined in this handbook as necessary to maintain the quality and safety of our childcare services.”
  • “While we strive to maintain a safe environment, we cannot guarantee the complete elimination of risks inherent in childcare activities. Parents and staff are encouraged to remain vigilant and communicate any concerns promptly.”
  • “The childcare facility is not responsible for personal belongings brought onto the premises by staff, children, or families. We recommend labeling all items and keeping valuables at home.”

By incorporating disclaimers into your policies, you can acknowledge the need for flexibility and understanding while still providing clear guidance for parents and staff. This approach allows for individualized care and decision-making while maintaining a supportive and structured environment for children.

Consistency is the Key to Quality

Policies are only effective if they’re consistently followed and enforced. Investing time and energy into creating and enforcing well-written policies will save you a lot of headaches in the long run. One of the primary purposes of policies is to establish clear guidelines and procedures for staff members and families to follow. This not only helps maintain consistency in care but also ensures that everyone knows their roles and responsibilities.
It’s not enough to just have a bunch of rules written down somewhere and hope that everyone remembers them. You need to actively discuss and reinforce them on a regular basis. That means having regular staff meetings to go over policies, posting reminders in common areas, and making sure that parents are aware of them, too.

Liability

Failure to adhere to established policies can not only compromise the safety of the children in your care but also increase your liability exposure.

Policies serve as a form of documentation. In the unfortunate event of an accident, injury, or dispute, having well-documented policies can provide invaluable protection. They serve as evidence that the childcare provider took reasonable steps to ensure the safety and well-being of the children in their care. This documentation can be crucial in defending against potential lawsuits or claims of negligence.

In the story above, our Expulsion Policy served as a record of how our program agreed to treat each child that had recurring challenging behaviors. It minimized the chance of discrimination if the steps were followed consistently for every child. It provided staff with a protected, well-thought-out process to follow that protected their liability.
Here is another example: Let’s say you have a policy in place requiring staff members to conduct regular safety checks of the playground equipment. If a child is injured due to faulty equipment, having documentation showing that these checks were conducted can help demonstrate that your staff took reasonable precautions to prevent accidents.

Ultimately, while policies are essential for promoting safety, consistency, and inclusivity in childcare settings, they also serve a critical function in liability management. By creating, enforcing, and regularly updating well-written policies, childcare providers can mitigate risks, protect themselves against potential liabilities, and most importantly, ensure the safety and well-being of the children in their care.

Early Childhood Excellence strongly encourages you to have your policies reviewed by your legal team to ensure your policies do not expose you to unnecessary risk and liability.