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Open Question: Will Texas State Rep Turn Sports, Dance and Art & Other Facilities into Day Care? Will Your State be Next?
This is a bit lengthy and I apologize in advance for that. Texas State Representative, David McQuaide Leibowitz has submitted a bill that would reclassify facilities that train kids more than 3 hours per day as “day care”, subjecting them to all “day care” regulations. This includes all ages through 18. In my opinion, this specifically targets children, parents and training facilities and studios of the kids who are the most talented and driven. The kids headed for the olympics or to Broadway as a dancer or an actor. Great artists. Athletics so good at their sport that they are headed for a college scholarship and possibly the pros. Great debaters and speech writers/deliverers who compete for their own shot at scholarships.
San Antonio does an excellent job of putting together the annual performance of “Nutcracker Suite”. Gifted children dancers get an opportunity to dance with professionals, some from even larger cities. Rehearsals can certainly be over 3 hours per day on many days. And it really counts as something amazing to have on dancing resumes, or when putting papers together to go for a scholarship in dance at a leading University or professional school of dance.
Texas is known for sports. We have several representatives in the Olympics. Very few of the olympians in gymnastics, for example, are over 18, and all the olympic hopefuls, finalists and chosen have been putting in several hours per day several times per week for a few years to get there. The same goes for those 18 and under in the ice skating event. Are we now going to call these long days of coaching and practice day care?
This bill is actually a bit difficult to understand. What is says is that all child-education or training programs, including arts studios and athletic facilities will be considered “day care” and subject to all of the regulations of day care facilities. This is a global statement, meaning that, unless the program is specifically “exempt”, they will, by default, be considered “day care” and regulated as such.
THEN come the exemptions. These are the ones that seem to affect our kids who are truly exceptional in sports, the arts, speech competition, debate, music (oops, another art) and other areas of pursuit:
EXEMPTION:
(17)A program that is not operated as part of an
educational facility or a day-care center in which a child receives
instruction in a single talent, ability, expertise, or proficiency,
for less than three hours a day.
SO, if your child only takes a class here or there, then it’s NOT day care, BUT, if your child is more driven and takes 3 hours per day even 1 day per week, then it IS day care? Or children at educational facilities and day cares may have more than 3 hours of coaching or teaching in one single area, but no other facility may do so? All these coaches and teachers would have to register themselves as day care workers and pass the state exam as such. Plus the facilities where they work, be it in a gym, a dance studio or in home would have to become a physical day care with all the rules that apply to such and be subjected to “inspections” by “official day care inspectors”
What bothers me most is this vague nature of the language. Does this include intensives, camps, swim meets, football and soccer games or rehearsals/ performances? The wording is so broad that it might be argued that “a child” is figurative and could be expanded to also mean a team, a class, or a group.
If this passes, the people who want to regulate this will have a field day. It appears that they could argue that if AT ANY TIME a child is, or children are, receiving instruction for 3 hours or more, then the program and/ or the program facility can be called “day care” and regulated as one? And where do private-lesson teachers fit into this? The wording on this is so loose and so vague, that it could be argued that a private lesson teacher or the facility in which they teach could also fall under this regulation. Can you imagine rehearsing for a public concert in piano or cello or violin et al is done in a day care facility by day care workers?
It is a nasty little bill which puts all people who teach “a single talent, ability, expertise, or proficiency” for more than 3 hours a day at risk.
It is obvious that this targets the elite performers and athletes. Michael Phelps certainly didn’t get where he is on less than 3 hours of training, neither did Shawn Johnson.
Here is an address to Leibowitz’s site if you would like to email him. Even if you don’t live in Texas.
http://www.house. state.tx. us/members/ dist117/leibowit z.php
The bill was filed on 2/18/09. You can track it’s history and find more information here:
http://www.legis. state.tx. us/BillLookup/ History.aspx? LegSess=81R& Bill=HB1393
I highly recommend that we do not ignore this bill, or our children will suffer the consequences. And your state could be next. None of us need a bill passed for the “protection”
Open Question: I have a motivated real desire to pursue a home inspection certification and career ?
What is the best way, the most appropriate training facility, the smartest way to get into the field?
Open Question: I have a motivated real desire to pursue a home inspection certification and career ?
What is the best way, the most appropriate training facility, the smartest way to get into the field?
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