Section 5-A121. ADULT-TO-CHILD RATIOS AND GROUP SIZE  


Latest version.
  •  

    121.1 Adult-to-child ratios and group sizes are established to ensure the health and safety of all children.

     

    121.2 Minimum adult-to-child ratios shall be met at all times, including non-peak hours, during nap or rest periods, and in vehicles during transport.

     

    121.3 A licensed Child Development Facility (“Licensee”) shall maintain the adult-to-child ratios and group sizes as specified herein:

     

    (a) For Child Development Centers serving infants, toddlers, and/or preschoolers:

     

    AGE OF CHILDREN

    ADULT-TO-CHILD 

    RATIO

    MAXIMUM SIZE OF

    GROUP

    0 - 24 months

    1:4

    8

    24 - 30 months

    1:4

    12

    30 months - 48 months

    1:8

    16

    48 months – 60 months years

    1:10

    20

     

    (b) For Child Development Centers providing out-of-school-time care to school age children:

     

    AGE OF CHILDREN

    ADULT-TO-CHILD 

    RATIO

    MAXIMUM SIZE OF

    GROUP

    Under 6 years

    1:12

    24

    6 years and older

    1:15

    30

     

    (c) For Child Development Homes and Expanded Homes serving infants, toddlers, and/or preschoolers, and providing out-of-school-time care to school age children:

     

    AGE OF CHILDREN

    ADULT-TO-CHILD 

    RATIO

    MAXIMUM NUMBER OF CHILDREN ENROLLED

    1 child under 2 years of age and 1 to 11 children over 2 years of age

    1:6

    12

    2 children under 2 years of age and 1 to  4 children over 2 years of age

    1:6

    6

    3 children under 2 years of age and1 to 6 children over 2 years of age

    1:3 (but at least 2 Caregivers)

    9

    4 children under 2 years of age and 1 to  8 children over 2 years of age

    1:3 (but at least 2 Caregivers)

    12

    5 children under 2 years of age and 1 to 4 children over 2 years of age

    3 Caregivers

    9

    6 children under 2 years of age and

    1 to 3 children over 2 years of age

    3 Caregivers

    9

     

    121.4 A child who is non-ambulatory will be treated the same as a child under two (2) years of age for purposes of the adult-to-child ratio requirements.

     

    121.5 [RESERVED].

     

    121.6 When children of different ages are combined in one group, the adult-to-child ratio for the youngest child shall apply, except as provided for in Subsections 121.10 and 121.13 to 121.15.

     

    121.7 Except as otherwise provided for in this section, volunteers shall not be used to meet adult-to-child ratio requirements. Only employees responsible for directly providing care of, or supervision or guidance to, children shall be counted in the adult-to-child ratios.

     

    121.8 Child Development Centers shall have at least two (2) staff members supervising each group at all times. At Child Development Centers serving infants, toddlers, and or preschoolers (or any combination of these), there shall be two Teachers or a Teacher and an Assistant Teacher or aide for each group at all times, except as further specified in this section.

     

    121.9 During non-peak hours or during nap or rest periods, adult-to-child ratios shall be maintained, however another adult staff member or adult volunteer may substitute for one (1) of the staff members specified, provided that at least one (1) Teacher or Assistant Teacher supervises the group.

     

    121.10 While children with varying ages anywhere from ages thirty (30) months and older are grouped together for napping, one (1) staff person shall be present within sight and sound of the children at all times. A second staff person or volunteer on duty shall also be present on the same floor of the Facility and immediately available to assist in event of an emergency.

     

    121.11 In part-day programs that operate no more than four (4) hours per day, the Licensee may substitute an adult volunteer for an Assistant Teacher or aide.

     

    121.12 If the required adult-to-child ratio is met but the situation or circumstance requires additional staff in order to ensure that all children are within the sight and hearing of staff members, then the Licensee shall provide additional staff to ensure adequate supervision of all children.

     

    121.13 A licensed Montessori Child Development Facility that is duly accredited by the American Montessori Society (“AMS”) or the Association Montessori International (“AMI”), or other OSSE approved non-traditional programs, may exceed the adult-to-child ratio or group size requirement for centers by no more than fifty percent (50%) of the ratios established by this chapter.

     

    121.14 When children of varying ages anywhere from ages two (2) years or older are grouped together in conformance with the implementation of a Montessori curriculum, as measured on January 1 of the current school year, the average age of all of the children in the age group of two (2) through five (5) years shall be used to determine the group maximum size and appropriate adult-to-child ratio.

     

    121.15 A Licensee may be granted an exemption to the adult-to-child ratio requirements, if the Facility submits a written request to OSSE in accordance with Section 106 (Waiver) and OSSE, in its sole discretion, concludes that granting the exemption will not jeopardize the health, safety, or welfare of the children being cared for. This request shall also include the following information:

     

    (a) A detailed description of the program model, including its history and supporting evidence that demonstrates the effectiveness of the model;

     

    (b) A detailed explanation as to why an exception to the adult-to-child ratio is integral to the delivery of the program model;

     

    (c) An explanation and supporting evidence that the program’s proposed adult-to-child ratio will not jeopardize the health, safety, welfare of children; and

     

    (d) Any other information that OSSE may reasonably require.

     

     

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).