Section 17-892.1-18 - Staff-child ratio(a) The staff-child ratio shall be met and maintained by all facilities.(b) The staff-child ratio shall be in writing and shall be made available to the department. Distribution of staff may include a team comprised of teacher, assistant teacher, and child care aides. The staff members shall be on site and shall be assigned to a group of children to be included in the staff-child ratio. Custodians, cooks, and bus drivers shall not be counted in the staff-child ratio when performing regular duties.(c) The director may teach and may be counted in the staff-child ratio as follows: (1) In a center with less than fifty children, the director may teach and may be counted in the staff-child ratio; and(2) In a center with fifty or more children the director may teach but shall not be included in the staff-child ratio. (A) Exception may be made and the director may be included in the staff-child ratio in cases of emergency or in special situations. In any case this inclusion in the staff-child ratio may not exceed ten hours per week.(B) Exception may be made and the director of a child care center, full day only, may be included in the staff-child ratio during the first and last hours of the regular operational day.(d) The following staff-child ratio shall be implemented: Ratio Chart I
| Age Number of Children Per Staff Member |
| 0 - under 24 mo. | Not Permitted |
| 2 yr olds | 8 |
| 3 yr olds | 12 |
| 4 yr olds | 16 |
| 5 yr and older | 20 |
(1) Unless specific instructional curriculum and related provisions specify mixing the ages and excepting nap time, the number of children assigned to a staff member shall be determined by the age of the youngest child in the group (unit).(2) In those facilities in which an instructional curriculum as well as classroom environment and teacher training specifically require mixing the ages, the number of children per staff member shall be determined by the average of the staff-child ratios according to the chart above. Such provision shall not apply to more than three hours of mixed instructional time during any operational day for the same child or group of children.(3) During nap time or night care when children of various ages are mixed together: (A) The number of children per staff member shall be determined by the average of the staff-child ratios according to the chart above;(B) Non-teaching staff members at the center may be included in the staff ratios.(4) Children ages two years eight month or older, who are enrolled in the center on or between September 1 and December 31 of any year and whose birthdays fall on or between these dates may be considered part of the next older age group when determining staff ratios.(e) The following chart reflects minimum requirements for the grouping of children of a certain age in units so that one unit of two-year-olds will be eight children, one unit of three-year-olds will be twelve children, one unit of four-year-olds will be sixteen children. One teacher shall be mandated for the first unit, three or more units require the addition of an assistant teacher plus aides as needed to meet the ratio. Ratio Chart II
Minimum staff employment sequence
| No. Of Children | Teacher | Assistant Teacher | Aide | Total Staff |
| Children 2 yr olds | | | | |
| 1-8 | X | | | 1 |
| 9-16 | X | | X | 2 |
| 17-24 | X | X | X | 3 |
| 25-32 | X | X | XX | 4 |
| 33-40 | XX | X | XX | 5 |
| 41-48 | XX | XX | XX | 6 |
| 49-56 | XX | XX | XXX | 7 |
| No. of Children | Teacher | Assistant Teacher | Aide | Total Staff |
| Children 3 yr olds | | | | |
| 1-12 | X | | | 1 |
| 13-24 | X | | X | 2 |
| 25-36 | X | X | X | 3 |
| 37-48 | X | X | XX | 4 |
| 49-60 | XX | X | XX | 5 |
| 61-72 | XX | XX | XX | 6 |
| 73-84 | XX | XX | XXX | 7 |
| NO. of Children | Teacher | Assistant Teacher | Aide | Total Staff |
| Children 4 yr olds | | | | |
| 1-16 | X | | | 1 |
| 17-32 | X | | X | 2 |
| 33-48 | X | X | X | 3 |
| 49-64 | X | X | XX | 4 |
| 65-80 | XX | X | XX | 5 |
| 81-96 | XX | XX | XX | 6 |
| 97-112 | XX | XX | XXX | 7 |
| No. of Children | Teacher | Assistant Teacher | Aide | Total Staff |
| Children 5 yr olds | | | | |
| 1-20 | X | | | 1 |
| 21-40 | X | | X | 2 |
| 41-60 | X | X | X | 3 |
| 61-80 | X | X | XX | 4 |
| 81-100 | XX | X | XX | 5 |
| 101-120 | XX | X | XXX | 6 |
(f) Exception: During the first and last hours of the regular operational day the staffing sequence may be adjusted so that the director, a teacher, or assistant teacher may be counted as fulfilling any position in this ratio chart.Haw. Code R. § 17-892.1-18
[Eff 4/11/92; comp DEC 19 2002] (Auth: HRS § 346-162) (Imp: HRS § 346-162; 42 U.S.C. §§2002, 2005 )