Texas Athletic Programs as Day Care Centers? 0
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Will gymnastics schools be considered day care centers?
Texas Legislation
A few weeks ago (March 26, 2009) I was notified by email about a bill being passed in the Texas legislature. The notification came from a Karate instructor who tried to alert a variety of after school athletic programs who would be affected by this bill. The information he provided was also published on the Texas USA Gymnastics websites, that also provided PDF copies of the bill along with their report. Even the USAG national office is aware of these bills.
In a nutshell, several bills in the Texas Senate and House of Representatives are being drafted that would subject gymnastics schools, karate schools, cheerleading schools, and a host of other after school athletic team programs to day care regulations, in an attempt to redefine athletic training of 10 hours or more a week as day care facilities. The email regarding Texas Senate Bill 68 from Texas USA Gymnastics stated:
If you have children who train 10 hours or more a week in your facility – you will be required to be child care licensed by the state of Texas. This licensing will require your facility to meet all the minimum standards set by child care licensing (most gyms will not be able to meet these requirements which will include bathroom sink/toilet ratios in compliance with child care standards, out door playground, Child Care certification of workers and director, sprinkler systems that not only meet building code but also meet child care standards and climbing structures with safety fall zones). Uneven bars would be considered a climbing structure and would not pass child care regulations. This bill passed the Senate Sub Committee unanimously yesterday.
The legislation is spread out in several bills. They are: Senate Bill 68, House Bills, 601, 773, 188, 1123 and 1393.
Many people have contacted the legislators to protest these bills which is trying to corral a multitude of industries – sports, religious, arts and academic – that train children under the child care umbrella. In one letter (30 Mar 2009) from Senate Bill 68 author Texas Senator Jane Nelson she states:
Please be assured that I will not pass this bill unless it provides a clear exemption for gymnastics.
The Texas USA Gymnastics is continuing to post updates on the legislation. In the April 11th update they posted two new drafts of the bills that include a long list of exemptions, which shows that many people from other child centered industries are expressing concern, too.
Exemptions Are Red Herrings
Frankly, I am not encouraged by these exemptions. The government always regegs on their exemptions through technical loopholes. When Social Security first started it was only for government employees. When the income tax started it was only for corporate profit. When driver’s licenses were first issued it was only for chauffeurs and professional drivers. When marriage licenses were first issued they were only for inter-racial marriages. And the list goes on and on.
When the government camel sticks its nose under the tent, rest assured that the rest of the camel will be in the tent after wards. If this bill were truly to protect children in day care centers, the language would be precise and specific regarding these facilities. A list of exemptions is a negative assurance.
Furthermore, it is a part of political history in the USA for agendas with national intentions to begin in a single state to set precedence, or to force federal legislation to address the issue at a later time. This problem is currently a Texas problem that could cause expensive requirements in after school programs that could make such businesses cost prohibitive. But other states should be on the alert for similar legislation to be introduced in the near future, too.
We should not let our guard down on this matter. This is trouble for our industries growing in the near future.