13A.16.08.03

.03 Group Size and Staffing.

A. Assignment of Staff. One or more child care teachers shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—G of this regulation.

B. Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.

C. Same-Age Groups. In a group of children of the same age, the following staff/child ratio and maximum group size requirements apply:

Child Ages Staff/Child Ratio Maximum Group Size
2 years old 1 to 6 12
3 or 4 years old 1 to 10 20
5 years old and older 1 to 15 30

D. Mixed-Age Groups.

(1) In a mixed-age group with infants or toddlers, the following minimum staffing levels apply:

Group Composition Maximum
Group Size
Minimum
Staffing Level
Group includes 1 or 2 infants 9 2 staff members
Group includes 3 or more infants 6 2 staff members
Group includes 1 or 2 toddlers 12 2 staff members
Group includes 3 toddlers 9 2 staff members
Group includes 4 or more toddlers 9 3 staff members
Group includes no infants, 1 or 2 toddlers, and 6 or more 2 year olds 12 3 staff members

(2) In a mixed-age group with preschool children:

(a) The group size may not exceed 20 children;

(b) If the group contains preschool children 3 years old or older, the staff-to-child ratio is 1 to 10;

(c) If the group size is 13 to 20 children, the group may not contain more than six 2-year-olds; and

(d) If the group contains children who are 2 years old and the group size varies, the following minimum staffing levels apply:

Group Composition Group Size Minimum
Staffing Level
Group includes one to three 2-year-old children 7 to 10 1 staff member
Group includes four or more 2-year-old children 7 to 10 2 staff members
Group includes one to three 2-year-old children 13 to 20 2 staff members
Group includes four to six 2-year-old children 13 to 20 3 staff members

(3) School-Age Groups. In a group where 3-year-old and 4-year-old children, enrolled in a public or nonpublic school, are mixed with school-age children, the following minimum staffing levels and maximum group size requirements apply:

Group Composition Maximum
Group Size
Minimum
Staffing Level
Group includes up to five children 3 or 4 years old 30 1 school-age teacher and 1 assistant or aide
Group includes 6 to 9 children 3 or 4 years old 30 1 school-age teacher and 2 assistants or 1 school age teacher, 1 assistant and 1 aide
Group includes 6 to 9 children 3 or 4 years old 25 1 school-age teacher and 1 assistant or aide
Group includes 10 or more children 3 or 4 years old 20 1 preschool teacher and 1 assistant or aide

E. Group Size and Staffing in Approved Educational Programs.

(1) During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:

Child Age Group Staff/ Child Ratio Maximum Group Size
2 years old 1 to 6 12
3 or 4 years old 1 to 12 24
5 years old or older 1 to 15 30

(2) A nursery school may not exceed a staff/child ratio or group size requirement set forth at §G(1) of this regulation, except that a Montessori school that has been approved by the Department may exceed a staff/child ratio or group size requirement by no more than 1/3.

(3) When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.