Section 3301-32-09 - Discipline(A) The program shall have a written discipline policy describing the program's philosophy and restrictions as listed in paragraph (I) of rule 3301-32-09 of the Administrative Code of discipline and the specific methods of discipline used at the program. This written policy shall be on file at the program for review. Constructive, developmentally-appropriate child guidance and management techniques are to be used at all times, and shall include such measures as redirection, separation from problem situations, talking with the child about the situation, and praise for appropriate behavior. The program's written discipline policy is to comply with this rule, section 3319.46 of the Revised Code and rule 3301-35-15 of the Administrative Code.(B) All school age child care staff members shall receive a copy of the program's discipline policy for review upon employment.(C) The school child program shall provide in-service training to staff regarding the written discipline policy and procedures before the school child program begins and/or before staff members begin working with children.(D) The parent of a child enrolled in a program shall receive the program's written discipline policy.(E) A school age child care staff member in charge of a child or a group of children shall be responsible for their discipline.(F) Discipline shall be constructive and educational in nature, and may include such measures as praise for appropriate behavior, diversion, talking with the child, and separation from problem situations.(G) Exclusion from the school child program for disciplinary reasons shall be addressed in the policy and procedures.(H) The program shall neither abuse nor neglect children, but shall protect children from abuse and neglect while in attendance at the school child program.(I) The program's actual methods of discipline shall apply to all persons on the premises. In addition to the restrictions outlined in rule 3301-35-15 of the Administrative Code, the following apply: (1) There shall be no cruel, harsh, or corporal punishment, or any unusual punishments such as, but not limited to, punching, pinching, shaking, spanking, or biting.(2) Discipline shall not be delegated to a child.(3) No physical restraints shall be used to confine a child by any means other than holding a child for a short period of time, so that the child may regain control.(4) No child shall be placed in a locked room or otherwise confined in an enclosed area such as a closet, box, or similar cubicle.(5) No child shall be subjected to profane language, threats, derogatory remarks about himself/herself or his/her family, or any other verbal abuse.(6) Discipline shall not be imposed on a child for failure to eat or sleep, or for toileting accidents.(7) Techniques of discipline shall not be intended to humiliate, shame, or frighten a child.(8) Discipline shall not include the withholding of food, rest, or toilet use.(9) Separation shall be brief in duration, and age and developmentally-appropriate. The child shall be within sight and hearing of a school child care staff member, and in a safe, lighted, and well-ventilated space.(10) A staff member who suspects that a child has been abused or neglected is to immediately notify the public children services agency in accordance with section 2151.421 of the Revised Code and a serious incident report is to be completed and submitted to the department within twenty-four hours.(J) The parent of a child enrolled in a program is to receive the program's written discipline policy. The program is to communicate and consult with the parent prior to implementing a specific behavior management plan. This plan will be consistent with this rule and in writing and signed by the parent.Ohio Admin. Code 3301-32-09
Effective: 7/1/2021
Five Year Review (FYR) Dates: 4/9/2021 and 07/01/2026
Promulgated Under: 119.03
Statutory Authority: ORC 3301.07, 3301.53, 3301.58
Rule Amplifies: ORC 3301.52 to 3301.59
Prior Effective Dates: 01/27/1992, 12/30/2004, 01/22/2010, 06/22/2015