Or. Admin. Code § 414-305-0400

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-305-0400 - Staff-to-Child Ratio and Group Size

(1) "Ratios" mean the number of staff required to be physically present with a child or group of children.

(2) "Group size" is the number of children assigned to staff occupying an individual classroom or well-defined space within a larger room.

(3) When more than one group of children utilize a room at the same time, excluding rooms used only for large group activities (e.g., eating, napping, large muscle activities), the following apply:

(a) The area occupied by each group must be defined by use of portable or permanent room dividers, furniture or equipment;

(b) Each space is considered separate and operates as an independent classroom. The space must have its own staff, program materials, attendance records and adequate square footage;

(c) Children may not move freely between the two spaces; and

(d) The entire group can come together briefly for a specific activity, but in general, the groups should remain separate throughout the day.

(4) A certified child care center must have at least one caregiver who meets the qualifications of a teacher, as defined under OAR 414-305-0340(2), with each group of children.

(5) A certified child care center must count all children in ratios, group size and capacity with the following exceptions:

(a) Children visiting with a non-staff parent or a staff parent not being counted to meet staff-to-child ratios as long as the parent is directly supervising their child; and

(b) Minors who qualify as volunteers.

(6) The number of teachers and aides and group size is determined by the number and ages of the children in attendance, per Table 3A or 3B, as applicable.

(a) All certified child care centers with initial certification after July 15, 2001, must comply with staff-to-child ratios and group size in Table 3A. TABLE 3A (For centers initially licensed after July 15, 2001)

(b) Certified child care centers with initial certification on or before July 15, 2001, must comply with staff-to-child ratios and group size in either Table 3A or Table 3B. Centers eligible to utilize Table 3B may continue to be eligible under the following conditions: TABLE 3B (For centers with initial certification on or before July 15, 2001)

(A) The center must choose to operate under Table 3A or Table 3B; centers shall not operate under a combination of both.

(B) If a center changes ownership, but continues to operate, the center may continue to utilize Table 3B.

(C) If a center wishes to change from operating under one ratio table to another ratio table, the center must notify CCLD in writing and receive approval prior to utilizing a different table.

(D) A certified child care center may change ratio tables only twice.

(7) A certified child care center must meet the staff-to-child ratio and the maximum number of children in a group at all times, except during times identified in (a) and (c) of this rule:

(a) One teacher, aide II, or aide I, with CBR enrollment, may supervise the area where children are resting if:

(A) There are no infants in the group;

(B) All children are in the process of going to sleep, asleep, or in the process of waking up;

(C) The room is arranged so all children are supervised, as defined in OAR 414-305-0500, Supervision of Children; and

(D) The center has sufficient staff on site that can be summoned to meet the required ratio in case of an emergency or as children wake.

(b) If two or more children are restless, vocal, off their cot or mat, sitting up, or interacting with other children, a certified child care center must meet the staff-to-child ratio.

(c) A certified child care center may exceed maximum group size on field trips, outdoor play, planned large group activities, napping and eating.

(8) A certified child care center may count staff in ratio under the following situations:

(a) Drivers, when transporting children;

(b) While staff are performing minimal cleaning and food service duties, provided supervision is maintained;

(c) When they are assisting a child in a restroom that opens directly into the classroom, provided children can be seen or heard and supervision is maintained; and

(d) When any children are participating in a contracted service in the center, the room is arranged so all children are supervised and the situation permits, there may be one staff that meets at least the qualifications of an aide I, with CBR enrollment, supervising the group along with the contracted services instructor. As children finish the activity offered by the contracted service, additional caregivers shall be added to return to required ratios. Sufficient caregivers to meet the required ratio shall be in the facility and able to be summoned by the caregiver without leaving the room.

(9) A certified child care center may combine older toddlers through school-age children in one group. If children are in adjacent age ranges (e.g. younger toddlers with older toddlers, or older toddlers with preschool age children), they may be combined in one group.

(10) If combining infants, younger toddlers and older toddlers, the certified child care center must ensure:

(a) There is separation of non-mobile infants from mobile children; and

(b) Activities and materials are safe and developmentally appropriate for all children in the group.

(11) In a mixed age group, a certified child care center must meet the ratio and group size for the youngest child in the group, excluding when the center is operating under the Mixed-Age Ratio Table (see OAR 414-305-0400(12)).

(12) A certified child care center may operate within the ratio and group size in the Mixed-Age Ratio Table when:

(a) There are 16 or fewer children on site; or

(b) The certified child care center's licensed capacity is 16 or fewer children.

(13) When utilizing the Mixed-Age Ratio Table, a certified child care center must:

(a) Meet all requirements for the age groups that are in care;

(b) Ensure that at least one staff member is teacher-qualified in one of the represented age groups;

(c) If infants and toddlers are part of the mixed-age group, a center must:

(A) Have separation for non-mobile children from mobile children;

(B) Have a diaper changing station and handwashing sink located in the room being utilized for care; and

(C) Have one staff member that meets teacher qualifications for infants or toddlers.

(14) A certified child care center must group children with specific care needs by chronological age, except when recommended otherwise by the child's healthcare professional or other qualified professional as provided in OAR 414-305-1050(10).

(15) When only one center staff is required to care for the only group of children on site, a certified child care center must ensure:

(a) The ratio and group size for the youngest child in the group is met; and

(b) A second individual is readily available to respond if needed, or CCLD approves an alternate plan.

Or. Admin. Code § 414-305-0400

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024; DELC 39-2024, minor correction filed 04/12/2024, effective 4/12/2024

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260