8 Colo. Code Regs. § 1402-1-2.217

Current through Register Vol. 47, No. 11, June 10, 2024

Section 8 CCR 1402-1-2.217 - REQUIRED STAFF AND SUPERVISION

A. Staff-Child Ratios

1. For the purposes of this rule subsection (A), in determining staff-child ratios, only staff members and/or volunteers qualified under rule section 2.216(A), who work directly with children are counted.

2. For full day programs, during times of low attendance and/or during the first and last hour of the day, when only eight (8) or fewer children are present in the facility, there must be at least one (1) early childhood teacher or assistant early childhood teacher working with the children and a second staff member must be on site and immediately available. There must be no more than two (2) children less than the age of two (2) present. When nine (9) or more children are in attendance, at least two (2) staff members must be on duty.

3. The director of the center must be present at the center at least sixty percent (60%) of any day that the center is open.

a. Centers licensed under the same governing body that provide care for preschool-age children only at multiple locations are not required to have a large center director qualified staff member assigned to each program. to qualify, centers must have an organizational structure that includes employees of the center that provide at least ten (10) administrative support elements from the following:

(1) Colorado Preschool Program Coordinator;

(2) Parent Educational Specialist;

(3) Principal or Executive Director;

(4) Health Coordinator;

(5) Nurse;

(6) Health Technician;

(7) Food Service Director;

(8) A Registered Dietitian or an individual with a Master's level or higher education in Nutrition;

(9) Fire/Health/Safety Inspector;

(10) Mental Health Team;

(11) Speech Language Pathologist;

(12) Occupational/Physical Therapist;

(13) School Psychologist;

(14) Family Outreach Worker;

(15) Human Resource Specialist; or

(16) Transportation Manager.

b. The program must obtain a director who meets large center director qualifications if substantial evidence has been found leading to an adverse licensing action for any of the following:

(1) Lack of supervision;

(2) Operating out of the approved staff member to child ratio; or

(3) Operating without sufficient qualified staff.

4. If the director of a large center cannot be present sixty percent (60%) of any day, an assistant director must be on site acting in the capacity of the director.

5. When there is a director vacancy or absence, an assistant director may substitute for the director for a maximum of up to twelve (12) weeks per calendar year. The assistant director must be on site at least sixty percent (60%) of any day the center is open. For vacancies exceeding twelve (12) weeks, an individual meeting director qualification must be on site acting as director until a new director is appointed. The dates must be documented and kept on file for review.

6. An assistant director must consult with a qualified director on administering the center in accordance with early childhood principles and practices and licensing rules.

7. There must be assigned at least one (1) qualified early childhood teacher supervising each group of children unless otherwise specified in rules. A director may be the assigned teacher for one (1) group of children.

8. Full day programs may have assistant early childhood teachers supervise preschool-age and older children during the following periods of operation:

a. Opening hours: an assistant early childhood teacher may be alone with children for the first two (2) hours of a center's daily operating hours;

b. Nap time: an assistant early childhood teacher may be alone with children for up to one (1) hour during nap time;

c. Closing hours: an assistant early childhood teacher may be alone with children for up to the two (2) hours prior to the closing time of a center's daily operations;

d. Taking children to the restroom or diapering; and

e. When substituting for an early childhood teacher in compliance with rule section 2.216(F)(2).

9. At least one (1) staff member with the current Department-approved medication administration training and delegation must be on duty at all times.

10. At nap time, the child to staff ratio may be doubled for children two and one half (2 ½) years of age and older in preschool classrooms when the following conditions have been met:

a. At least half of the children are sleeping;

b. Another staff member is onsite in the center and immediately available;

c. Maximum group size and room capacity are not exceeded; and

d. Staff member supervising children is qualified as an early childhood teacher or assistant early childhood teacher.

11. Formal kindergarten class sessions must have one (1) staff member for each twenty-five (25) or fewer children in attendance. At other parts of the day when children are in attendance, the ratio must be one (1) staff member to each fifteen (15) or fewer children.

12. Children of the director or of staff members who attend the center and other children on the premises for supervision and care must be counted against the licensed capacity in the appropriate age groups.

13. In determining staff-child ratios, children who are in attendance for only part of the day are counted only while at the center.

14. Staff-Child Ratios

AGES OF CHILDREN	NUMBER OF STAFF
6 weeks to 18 months (infants)	1 staff member to 5 infants
12 months to 36 months	1 staff member to 5 toddlers
24 months to 36 months	1 staff member to 7 toddlers
2-1/2 years to 3 years	1 staff member to 8 children
3 years to 4 years	1 staff member to 10 children
4 years to 5 years	1 staff member to 12 children
5 years and older	1 staff member to 15 children
Mixed age group 2-1/2 years to 6 years	1 staff member to 10 children

a. In other preschool age combinations, the staff ratio for the youngest child must be utilized if more than twenty percent (20%) of the group is composed of younger children. This does not apply to infants and toddlers. The ratio for toddler groups is based on the youngest child in the group.

15. Maximum Group Size for Children

AGES OF CHILDREN	MAXIMUM GROUP SIZE
6 weeks to 18 months	10 infants
12 months to 36 months	10 toddlers
24 months to 36 months	14 toddlers
2-1/2 years to 3 years	16 children
3 years to 4 years	20 children
4 years to 5 years	24 children
5 years and older	30 children
Mixed age group 2-1/2 to 6 years of age	20 children

a. In other preschool age combinations, the maximum group size for the youngest child must be utilized if more than twenty percent (20%) of the group is composed of younger children. This does not apply to infants and toddlers. The group size for toddler groups is based on the youngest child in the group.

b. Preschool age and school-age groups of children must be separated into developmentally appropriate activities. Groups are not required to be separated from each other by permanent or portable dividers or walls.

c. Group size for children in preschool and school-age classrooms may be exceeded for circle time, meal and snack time, special occasions, and activities.

d. The licensed room capacity must not be exceeded at any time.

e. Toddler-age groups of children must be separated from each other by permanent or portable dividers or other methods as approved by the Department.

f. When combining age groups, not including individual child transitions, children must be cared for in the room licensed for the youngest child in care, including the outdoor play area.

16. Emergency Situations

A. In the case of an emergency situation, including but not limited to illness, death, accident, law enforcement action, road closure, hazardous weather, emergency bodily function, child elopement, or providing emergency attention or care to a child, the child care center may operate under the following guidelines:

(1) The facility may temporarily use a staff member, who has successfully completed criminal background check requirements, to supervise children for no more than two (2) hours until a qualified staff member is secured. The dates and times must be recorded and made available for review at all times.

(2) A large child care center or a child care center that operates on the property of a school district, district charter school, or institute charter school, may permit a staff member, who has successfully completed criminal background check requirements but is not a qualified caregiver, to supervise children for an amount of time that is reasonably necessary to address an emergency circumstance.

(3) During any emergency situation, the facility must be in compliance with the staff-to-child ratio.

B. Service/Housekeeping Personnel

1. Service personnel must be available for housekeeping and food preparation as needed for adequate operation and maintenance of the center.

2. Assignment of housekeeping and maintenance duties to child care staff must not interfere with their supervisory responsibilities and child care duties.

C. Child Care Health Consultant

1. Center staff must have a monthly consultation with a current Department-approved child care health consultant who must meet one (1) of the following qualifications:

a. A licensed registered nurse with knowledge and experience in maternal and child health;

b. A pediatric nurse practitioner;

c. A family nurse practitioner; or

d. A physician with knowledge and experience in pediatrics or maternal and child health.

2. The monthly consultation must be specific to the needs of the facility and include some of the following topics: training, delegation and supervision of medication administration and special health procedures, health care plans, hygiene, disease prevention, equipment safety, nutrition, interaction between children and adult caregivers, and child growth and development.

3. The monthly consultation must be conducted on-site at least quarterly or more frequently as required by the child care health consultant. Teleconsultations are allowed for the remaining months.

4. The date and content of each consultation must be recorded and maintained in the center's files for three (3) years.

5. For the Department-approved child care health consultant, the center must maintain documentation from the Colorado Medical Board or Colorado State Board of Nursing that the physician's or registered nurse's licensure is active and in good standing.

6. For the Department-approved child care health consultant, the center must maintain documentation of a brief biography highlighting applicable knowledge, experience, and approximate dates worked as a school nurse or child care health consultant.

7. All Department-approved child care health consultants must complete the Department-approved child care health consultant introductory training course within six (6) months of hire. Child care health consultants must complete Department-approved ongoing professional development training every three (3) years. The center must obtain and maintain proof of training completion.

8. All Department-approved child care health consultants must complete the Department- approved Colorado Department of Public Health and Environment immunization course annually. The center must obtain and maintain proof of course completion.

9. All Department-approved child care health consultants must complete the Department-approved training about child abuse prevention, which includes common symptoms and signs of child abuse or neglect. This training must be completed within thirty (30) days of hire and renewed every three (3) years.

8 CCR 1402-1-2.217

46 CR 22, November 25, 2023, effective 12/15/2023