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CHAPTER 23. SCHOOL HEALTH
Subchap. Sec.
A. GENERAL PROVISIONS 23.1
B. SCHOOL NURSE SERVICES 23.51
C. IMMUNIZATION 23.81Cross References This chapter cited in 22 Pa. Code § 12.16 (relating to definitions).
Subchapter A. GENERAL PROVISIONS
HEALTH SERVICES
Sec.
23.1. Required health services.
23.2. Medical examinations.
23.3. Dental examinations.
23.4. Vision screening tests.
23.5. Hearing screening tests.
23.6. Threshold hearing tests.
23.7. Height and weight measurements.
23.8. Maintenance of medical and dental records.
23.9. Tuberculosis tests.
23.10. Scoliosis screening.
23.11. Special examinations.
REIMBURSEMENT FOR HEALTH SERVICES
23.21. General.
23.22. Amount of reimbursement.
23.23. Maximum reimbursement for medical services.
23.24. Maximum reimbursement for dental services.
23.25. Eligible expenses.
23.26. Noneligible expenses.
23.27. Determining enrollment.
23.28. Application.
PERSONNEL
23.31. Administration.
23.32. School physicians.
23.33. School dentists.
23.34. School nurses.
23.35. Dental hygienists.
23.36. Medical technicians.
23.37. Sanitarians.
MISCELLANEOUS PROVISIONS
23.41. Farm and domestic service permits.
23.42. Modified health program.
23.43. Preemployment medical examinations.
23.44. Tuberculin testing of school personnel.
23.45. Objections to examination on religious grounds.
Authority The provisions of this Subchapter A issued under the Public School Code of 1949 (24 P. S. § § 14-140114-1422), unless otherwise noted.
Source The provisions of this Subchapter A adopted October 30, 1959, unless otherwise noted.
HEALTH SERVICES
§ 23.1. Required health services.
School districts and joint school boards shall provide the following health services for children of school age who are attending or who should attend an elementary, grade or high school, either public or private, and children who are attending a kindergarten which is an integral part of a local school district:
(1) Medical examinations.
(2) Dental examinations.
(3) Vision screening tests.
(4) Hearing screening tests.
(5) Threshold screening tests.
(6) Height and weight measurements.
(7) Maintenance of medical and dental records.
(8) Tuberculosis tests.
(9) Special examinations.
Cross References This section cited in 22 Pa. Code § 51.14 (relating to medical examinations); 28 Pa. Code § 23.21 (relating to general); 55 Pa. Code § 3270.131 (relating to health information); 55 Pa. Code § 3280.131 (relating to health information); 55 Pa. Code § 3290.131 (relating to health information); and 55 Pa. Code § 3800.312 (relating to additional requirements).
§ 23.3. Dental examinations.
(a) Dental examinations shall be required on original entry into school and in grades three and seven. In instances where there are kindergartens in some schools of a district and not in others, the board or joint board may decide whether medical and dental examinations shall begin in the first grade or in the kindergarten.
(b) Children transferred from other school systems shall be examined as soon as possible after the transfer regardless of their age or grade if an adequate dental record is not made available by the original school.
(c) Dental examinations shall be conducted with sufficient care and detail to command dental respect and to provide an educational experience for the child and his parents. Examinations shall be scheduled so that an average of no more than eight children are examined in an hour.
(d) The school dental examination may be conducted by the family dentist and reported to the school on forms supplied by the school. Administrators are urged to have as many children examined privately as possible to provide for continuity in the dental care of the child. Payment for these examinations shall be the responsibility of the parent; however, children examined privately shall be counted as part of the enrollment for reimbursement purposes as provided in § 23.24 (relating to maximum reimbursement for dental services).
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
§ 23.4. Vision screening tests.
Vision screening tests shall be conducted annually by a nurse, teacher or medical technician. The Snellen Chart or other screening device approved by the Department of Health shall be utilized for vision screening.
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
§ 23.7. Height and weight measurements.
(a) Height and weight measurement shall be conducted at least once annually and preferably twice annually. Every effort shall be made to determine the pattern of growth for each child so that his weight and height can be interpreted in light of his own growth pattern rather than those of his classmates.
(b) Height and weight measurements shall be conducted by a nurse or teacher.
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
§ 23.8. Maintenance of medical and dental records.
(a) School districts and joint school boards shall maintain comprehensive medical and dental records of each individual child.
(b) The records shall contain all the information the school obtains concerning the health of the child.
Cross References The provisions of this § 23.9 amended July 22, 1971, effective July 23, 1971, 1 Pa.B. 2163.
Cross References The provisions of this § 23.10 issued under sections 2102(g) and 2111(b) of The Administrative Code of 1929 (71 P. S. § § 532(g) and 541(b)); section 1402(a) and (f) of the Public School Code of 1949 (24 P. S. § 14-1402(a) and (f)); and section 6 of the Disease Prevention and Control Law of 1955 (35 P. S. § 521.16).
Source The provisions of this § 23.10 amended June 11, 1982, effective September 1, 1982, 12 Pa.B. 1819. Immediately preceding text appears at serial page (6928).
Cross References The provisions of this § 23.11 issued under sections 2102(g) and 2111(b) of The Administrative Code of 1929 (71 P. S. § § 532(g) and 541(b)); section 1402(a) and (f) of the Public School Code of 1949 (24 P. S. § 14-1402(a) and (f)); and section 6 of the Disease Prevention and Control Law of 1955 (35 P. S. § 521.16).
Source The provisions of this § 23.11 adopted June 11, 1982, effective September 1, 1982, 12 Pa.B. 1819.
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
REIMBURSEMENT FOR HEALTH SERVICES
§ 23.21. General.
Each school district and joint school board which renders health services as described in § § 23.123.11 (relating to health services) and which conform to standards approved by the Department of Health shall be reimbursed by the Commonwealth in accordance with § § 23.2123.28 (relating to reimbursement for health services).
§ 23.22. Amount of reimbursement.
The amount of reimbursement shall be the actual cost of health services less any charges deemed unreasonable by the Department of Health.
Cross References The provisions of this § 23.23 issued under sections 2102(e) and 2102(g) of The Administrative Code of 1929 (71 P. S. § § 532(c) and (g)); and section 2505.1 of the Public School Code of 1949 (24 P. S. § 25-2505.1).
Source The provisions of this § 23.23 amended May 28, 1982, effective May 29, 1982, 12 Pa.B. 1696. Immediately preceding text appears at serial page (3415).
Cross References This section cited in 28 Pa. Code § 23.2 (relating to medical examinations); and 28 Pa. Code § 23.21 (relating to general).
§ 23.24. Maximum reimbursement for dental services.
(a) Reimbursement for dental services may not for a school year exceed the sum of 80¢ multiplied times the number of children enrolled in a school for the entire school term of that school year and for whom the school district or joint school board maintains comprehensive health records, plus a proportionate part of 80¢ for each child enrolled for a part of the school term of that school year and for whom the school district or joint school board maintains a comprehensive health record.
(b) The average daily membership may be used to determine the amount of reimbursement.
Authority The provisions of this § 23.24 issued under section 2102(e) and (g) of The Administrative Code of 1929 (71 P. S. § 532(c) and (g)); and section 2505.1 of the Public School Code of 1949 (24 P. S. § 25-2505.1).
Source The provisions of this § 23.24 amended May 28, 1982, effective May 29, 1982, 12 Pa.B. 1696. Immediately preceding text appears at serial page (3415).
Cross References This section cited in 28 Pa. Code § 23.3 (relating to dental examinations); and 28 Pa. Code § 23.21 (relating to general).
§ 23.25. Eligible expenses.
Reimbursement may be applied to the cost of the following:
(1) Employment of school physicians on an hourly, monthly or yearly basis.
(2) Employment of school dentists on an hourly, monthly or yearly basis.
(3) Employment of medical and dental assistants.
(4) Employment of school dental hygienists on a full-time or part-time basis.
(5) Payment for special screening examinations, such as otological, by properly qualified medical specialists.
(6) Supplies and equipment such as instruments, tongue depressors, dietary fluoride tablets, corrective services, dental supplies and equipment or forms used in the program.
(7) Payment for health services to school personnel as described in § 23.43 (relating to preemployment medical examinations).
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
§ 23.26. Noneligible expenses.
No reimbursement shall be made for items for which the Commonwealth reimburses school districts in whole or in part under any other section of Article XXV of the Public School Code (24 P. S. § § 25-250125-2593). Reimbursement for the employment of school nurses shall continue to be made under section 2505 of such act (24 P. S. § 25-2505) (Repealed).
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
§ 23.27. Determining enrollment.
(a) Enrollment for reimbursement for health services shall include children in all grades, kindergarten through grade 12, in the public and private schools of the district.
(b) Children shall be credited to the district in which they go to school and not in the district in which they reside if the two are not the same.
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
§ 23.28. Application.
(a) Application for reimbursement shall be made to the Department of Health within three months after the end of the school year during which the payment for the services was made by the school district or joint school board.
(b) Applications for reimbursement shall be accompanied by a certified statement in detail of the amounts actually spent for medical and dental services.
Cross References This section cited in 28 Pa. Code § 23.21 (relating to general).
PERSONNEL
§ 23.31. Administration.
(a) General. The administration of the local school health program shall be the responsibility of the school board or joint school board. The administrative officer shall be the district superintendent, the supervising principal or the county superintendent.
(b) Duties of the administrative officer. The administrative officer, through the board of school directors, shall arrange for the appointment of all health personnel including physicians, dentists, nurses, dental hygienists, medical and dental assistants, and medical technicians. With the assistance of these personnel, the administrative officer shall plan the health program. He shall check and file periodic progress reports and sign all reports for the various Commonwealth departments. He shall integrate the educational phases of the school health program with the school curriculum, promote the formation of advisory school health councils and attempt to integrate the school health program with community health programs.
§ 23.32. School physicians.
(a) Qualifications. School physicians shall be legally qualified to practice medicine and surgery, osteopathy or osteopathic surgery in this Commonwealth.
(b) Employment. School districts alone or jointly with other districts or joint school boards shall employ school physicians and compensate them on a basis agreed between the physician and the board. Compensation may not be less than $6 per hour. Appointments shall be approved by the Department of Health. School districts shall submit through the county or district medical director or the county health director to the regional medical director the names of school physicians for approval by the Secretary of Health.
(c) Duties. School physicians shall perform the required examinations of children in the specified grades. They shall, if their agreement with the board so states, give preemployment examinations to school personnel. They shall examine children who appear to deviate from their normal health or growth and development pattern and such examinations shall be given at the request of the administrator or teacher or nurse or on the initiative of the physicians. The school physicians shall vaccinate children of indigent parents, revaccinate children with temporary vaccination certificates, examine children incident to the issuance of employment certificates, approve return of children who have been absent due to a contagious disease or suspected contagious disease, and perform other duties that may be required by the board of school directors not inconsistent with the rules and regulations of the Department of Health.
§ 23.33. School dentists.
(a) Qualifications. A school dentist shall be a doctor of dental surgery or dental medicine legally qualified to practice dentistry in this Commonwealth.
(b) Employment. School districts alone or with other districts or joint school boards shall employ school dentists and shall compensate them on a basis agreed upon by the school dentist and the employing district or joint school board. Compensation may not be less than $6 per hour. Appointments shall be approved by the Department of Health. School districts shall submit to the regional dental officer the names of school dentists for approval by the Department of Health.
(c) Duties. School dentists shall perform the required dental examinations. They shall also examine children referred to them by the administrator, teacher, dental hygienist, nurse or physician because of suspected dental disease. They shall also perform other duties as may be required by the board which are not inconsistent with the rules and regulations of the Department of Health.
§ 23.34. School nurses.
The duties of school nurses shall be those assigned by the school district or joint school board which are exclusively connected with medical and dental school health activities. The technical content of the duties of the nurse shall be those prescribed by the Department of Health.
§ 23.35. Dental hygienists.
(a) Qualifications. A dental hygienist shall be licensed by the State Dental Council and Examining Board and be certified as a school dental hygienist by the Department of Education.
(b) Employment. Dental hygienists shall be employed by a school district or joint school board.
(c) Duties. The duties of a dental hygienist shall be those exclusively performed in connection with school dental health activities and to include those preventive services as recommended by the Department of Health.
Cross References This section cited in 49 Pa. Code § 33.205b (relating to practice as a public health dental hygiene practitioner.
§ 23.36. Medical technicians.
(a) Employment. A medical technician shall be employed by the school district or joint school board.
(b) Duties. The duties of a medical technician shall be those established by the joint school board or school district.
§ 23.37. Sanitarians.
(a) Qualifications. Sanitarians shall meet the qualifications prescribed by the regulations of the Advisory Health Board.
(b) Appointment. Sanitarians shall be appointed by the Secretary of Health or by local health authorities delegated this responsibility by the Secretary of Health.
(c) Duties. Sanitarians shall perform sanitary inspection of school buildings and grounds in accordance with the rules and regulations of the Advisory Health Board regarding school sanitation.
MISCELLANEOUS PROVISIONS
§ 23.41. Farm and domestic service permits.
All children for whom farm or domestic service permits are requested shall be medically examined unless they have had a school health examination within the past four months. These examinations may be performed by the family physician if the family so desires; otherwise, by the school physician.
§ 23.42. Modified health program.
A modified school health program may be initiated with the approval of the Department of Health. Such a program shall be regarded as a demonstration or research project and shall permit valid statistical appraisals of the various components of the program.
§ 23.43. Preemployment medical examinations.
A school employe shall obtain a preemployment medical examination, performed by the school physician, if the school district has contracted with a physician to provide this service, or by a physician of the employes choice legally qualified to practice medicine and surgery or osteopathy or osteopathic surgery in this Commonwealth. A prospective employe shall provide the examination results to the employing school authority, on a form prescribed by the Department of Health and completed by the examining physician.
Source The provisions of this § 23.43 amended through July 3, 1986, effective July 5, 1986, 16 Pa.B. 2412. Immediately preceding text appears at serial pages (6931) to (6932).
Cross References The provisions of this § 23.44 amended July 3, 1986, effective July 5, 1986, 16 Pa.B. 2412. Immediately preceding text appears at serial page (70617).
§ 23.45. Objections to examination on religious grounds.
(a) School children or school employes may be excused from regular or special medical or dental examinations on presentation of written evidence to the school administrator that the examinations are contrary to the religious beliefs of the parent or guardian of the child or of the employe.
(b) Exemption from medical or dental examinations will not be granted if the Department of Health finds that facts exist under which the exemption constitutes a present substantial menace to the health of other persons exposed to contact with the unexamined person.
Source The provisions of this § 23.45 adopted July 3, 1986, effective July 5, 1986, 16 Pa.B. 2412.
Subchapter B. SCHOOL NURSE SERVICES
GENERAL PROVISIONS Sec.
23.51. Children to be provided nursing services.
23.52. Administration.
23.53. Determination of pupils to be served.
23.54. Certification by Department of Education.
23.55. Maintenance of health records.
REIMBURSEMENT
23.61. Maximum reimbursement.
23.62. Contracts with public agencies.
23.63. Limitation on reimbursement.
DUTIES OF SCHOOL NURSES
23.71. Assist in health program and examining.
23.72. Maintenance of records.
23.73. Advise pupils, teachers and parents.
23.74. Assist in interpreting health needs.
23.75. Provide information.
23.76. Plan for environmental needs.
23.77. Assist in budget preparation.
23.78. Coordinate the school health program with community programs.
23.79. Provide first aid services.
Authority The provisions of this Subchapter B issued under sections 14011422 of the Public School Code of 1949 (24 P. S. § § 14-140114-1422), unless otherwise noted.
Source The provisons of this Subchapter B adopted January 26, 1962.
GENERAL PROVISIONS
§ 23.51. Children to be provided nursing services.
A child in private, parochial and public schools shall be provided with school nurse services in the school which the child attends.
§ 23.52. Administration.
The school nurse services shall be provided through the public school system and the administration of this service shall be the responsibility of the public school administrator in consultation, as needed, with the private or parochial school administrator.
§ 23.53. Determination of pupils to be served.
The school administrator, in determining the number of pupils to be served by a school nurse, shall consider the number of schools, distance between schools, travel difficulties and special health needs of the area.
§ 23.54. Certification by Department of Education.
School nurses employed by school districts of joint school districts shall be properly certificated by the Department of Education as school nurses.
§ 23.55. Maintenance of health records.
Health records shall be maintained for each child. These records shall be kept in the school building where the child attends school and shall be available to the school nurse at all times. Records shall be transferred with the child when he moves from one school to another or from one district to another.
REIMBURSEMENT
§ 23.61. Maximum reimbursement.
(a) Reimbursement for school nurse services by the Department of Health shall be made to the school board or joint school board annually. Reimbursement may not exceed the sum expended by the board or joint school board for school nurse services and may not exceed $7.00 for each pupil in average daily membership.
(b) The average daily membership shall be computed for children in private, public and parochial schools in accordance with the rules or procedure established by the Department of Education.
(c) Each school board or joint school board shall submit to the Department of Health within 3 months after the end of the school year the average daily membership of children attending school.
Authority The provisions of this § 23.61 issued under section 2102(e) and (g) of The Administrative Code of 1929 (71 P. S. § 532(e) and (g)); and section 2505.1 of the Public School Code of 1949 (24 P. S. § 25-2505.1).
Source The provisions of this § 23.61 amended May, 28 1982, effective May 29, 1982, 12 Pa.B. 1696. Immediately preceding text appears at serial page (3423).
§ 23.62. Contracts with public agencies.
School districts, with the approval of the Department of Education and the Department of Health, may contract with public agencies engaged in health work to provide school health and school nurse services. Public agencies under contract shall provide health services of a standard acceptable to the Department of Health.
§ 23.63. Limitation on reimbursement.
Reimbursement for school nurse services shall be limited to that part of the cost of employment and travel expenses of school nurses incurred in the operation of the school health program.
DUTIES OF SCHOOL NURSES
§ 23.71. Assist in health program and examining.
(a) School nurses shall assist the school administrator and the school physicians and dentists in planning and organizing the school health program and shall encourage parents to have the required medical and dental examinations done by their family physicians and family dentists.
(b) School nurses shall schedule physical and dental examinations conducted in the school, assist at examinations, and arrange for special tests, examinations and immunization programs included in the school program for health services.
§ 23.72. Maintenance of records.
School nurses shall maintain comprehensive health records of each child and records of school nursing services.
§ 23.73. Advise pupils, teachers and parents.
School nurses shall advise pupils and teachers about the procedures of the health examination and shall encourage the attendance of parents at the time of examination.
§ 23.74. Assist in interpreting health needs.
School nurses shall assist in interpreting the health needs of individual children to parents and teachers and assist families to utilize community resources for improving the health of their children.
§ 23.75. Provide information.
School nurses shall provide current information for use of school personnel on such subjects as the growth and development pattern of children, first aid practice, accident prevention, communicable disease regulations, home nursing and civil defense, and shall assist in evaluating the content material used for health teaching, and offer assistance in providing sources of information.
§ 23.76. Plan for environmental needs.
School nurses shall plan with school administrative, maintenance and sanitation personnel for the environmental needs of the school group, and shall advise school officials of environmental adjustment necessary to meet the needs of the handicapped individual.
§ 23.77. Assist in budget preparation.
School nurses shall advise the school administrator in preparing a budget for the health program and facilities, and shall advise him on the financial needs for a program.
§ 23.78. Coordinate the school health program with community programs.
School nurses shall work with school health councils and community groups to coordinate the school health program with community health programs and to develop needed health services. This includes work with private physicians, dentists, and dental hygienists to coordinate private medical and dental examinations with the school program.
§ 23.79. Provide first aid services.
School nurses shall plan for first aid services and instruct personnel responsible for giving first aid.
Subchapter C. IMMUNIZATION
Sec.
23.81. Purpose and scope.
23.82. Definitions.
23.83. Immunization requirements.
23.84. Exemption from immunization.
23.85. Responsibilities of schools and school administrators.
23.86. School reporting.
23.87. Responsibilities of the Department.
Authority The provisions of this Subchapter C issued under the Disease Prevention and Control Law of 1955 (35 P. S. § § 521.1521.21); act of April 11, 1974 (P. L. 257, No. 66) (71 P. S. § 541(c.1)); and section 1303a of the Public School Code of 1949 (24 P. S. § 13-1303a); amended under section 1303a of the Public School Code of 1949 (24 P. S. § 13-1303a); section 16(a)(6) and (7) of the Disease Prevention and Control Law of 1955 (35 P. S. § 521.16(a)(6) and (7)); section 2111(c.1) of The Administrative Code of 1929 (71 P. S. § 541(c.1)); and Hepatitis B Prevention Act (35 P. S. § § 630.1630.3), unless otherwise noted.
Cross References This subchapter cited in 22 Pa. Code § 11.20 (relating to nonimmunized children); and 22 Pa. Code § 51.13 (relating to immunization).
§ 23.81. Purpose and scope.
This subchapter has been promulgated to insure that school children are immunized against diseases which spread easily in schools and interrupt school life and learning for individuals and groups. This subchapter affects public, private and parochial schools, including kindergartens, special education classes, home education programs and vocational classes in this Commonwealth.
Source The provisions of this § 23.81 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately preceding text appears at serial page (164331).
Cross References The provisions of this § 23.82 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately preceding text appears at serial page (164331).
Cross References The provisions of this § 23.83 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5525. Immediately preceding text appears at serial pages (232756) to (232758).
Cross References This section cited in 28 Pa. Code § 23.85 (relating to responsibilities of schools and school administrators); and 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).
§ 23.84. Exemption from immunization.
(a) Medical exemption. Children need not be immunized if a physician or the physicians designee provides a written statement that immunization may be detrimental to the health of the child. When the physician determines that immunization is no longer detrimental to the health of the child, the child shall be immunized according to this subchapter.
(b) Religious exemption. Children need not be immunized if the parent, guardian or emancipated child objects in writing to the immunization on religious grounds or on the basis of a strong moral or ethical conviction similar to a religious belief.
Source The provisions of this § 23.84 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately preceding text appears at serial pages (164332) to (164333) and (129145).
Cross References The provisions of this § 23.85 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately preceding text appears at serial pages (129145) to (129146).
Cross References The provisions of this § 23.86 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 375; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately preceding text appears at serial pages (129146) and (116439).
Cross References This section cited in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).
§ 23.87. Responsibilities of the Department.
(a) The Department will provide the certificates of immunization to schools.
(b) The Department will monitor school districts for compliance with this subchapter and shall have access to school immunization records whether the records are maintained as certificates or whether the records are contained in a schools computer database.
(c) Questions concerning this subchapter should be addressed to the Immunization Program, Bureau of Communicable Diseases, Post Office Box 90, Harrisburg, Pennsylvania 17108, (717) 787-5681.
Source The provisions of this § 23.87 amended through September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately preceding text appears at serial page (116439).
Cross References This section cited in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).
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