Current through all regulations passed and filed through September 16, 2024
(A)
All preschool staff members shall be recruited,
employed, assigned, evaluated, and provided in-service education in accordance
with adopted governing board policies and without discrimination on the basis
of age, color, national origin, race, sex, or handicap.
(B)
All preschool
staff members assigned in each preschool class shall be of good character,
possess adequate physical and emotional health, be equipped by education,
training, and/or experience for the work they are to perform, and meet the
requirements as prescribed in division (B) of section
3301.54
of the Revised Code.
(C)
The director shall be onsite at the preschool program
at least half of the program's operating hours and responsible for the
following:
(1)
Ensuring that the health and safety of the children are
safeguarded by an organized program of school health services designed to
identify child health problems and to coordinate school community health
resources for children as evidenced by, but not limited to, the
following:
(a)
Requiring immunizations and compliance with emergency
medical authorization requirements under section
3313.712
of the Revised Code;
(b)
Providing procedures for emergency situations,
including fire drills, rapid dismissals, tornado drills, and school safety
drills in accordance with section
3737.73
of the Revised Code, and keeping records of such drills or
dismissals;
(c)
Posting emergency procedures in preschool rooms and
making them available to school personnel, children, and
parents;
(d)
Posting emergency numbers by each
telephone;
(e)
Supervising grounds, play areas, and other facilities
when scheduled for use by children; and
(f)
Providing
first-aid facilities and materials.
(2)
Maintaining
cumulative records for each child;
(3)
Supervising each
child's admission, placement, and withdrawal according to established
procedures;
(4)
Preparing a roster of children enrolled
annually;
(5)
Ensuring that clerical and custodial services are
provided for the program;
(6)
Supervising the instructional program and daily
operation of the program; and
(7)
Supervising
preschool staff members.
(D)
The director of
the preschool program shall:
(1)
Hold a valid educator license designated as appropriate
for teaching or being an administrator in a preschool setting issued pursuant
to section
3319.22
of the Revised Code and have completed at least four courses in child
development or early childhood education from an accredited college,
university, or technical college;
(2)
Meet the
appropriate qualifications pursuant to section
3301.54
of the Revised Code; and
(3)
Be responsible for the duties outlined in section
3301.56
of the Revised Code.
(4)
A director employed to direct a program operated by an
eligible, nontax-supported, nonpublic school shall be considered to meet the
requirements of this rule if they hold a valid teaching certificate issued in
accordance with section
3301.071
of the Revised Code.
(E)
The director is
responsible for completing training on relevant state and federal licensing
rules as prescribed by the department.
(F)
Each class/group
in a preschool program shall have assigned a lead teacher in accordance with
the following:
(1)
A public school preschool general education class as
defined in rule
3301-51-11
of the Administrative Code shall have a lead teacher that meets one of the
following during instructional time:
(a)
Valid
prekindergarten teaching certificate issued under section
3319.22
of the Revised Code; or
(b)
Valid prekindergarten associate license issued under
section
3319.22
of the Revised Code; or
(c)
Valid kindergarten-primary certificate issued under
section
3319.22
of the Revised Code and have completed at least four courses in child
development or early childhood education from an accredited college,
university, or technical college; or
(d)
A bachelor's
degree in child development or early childhood education earned from an
accredited college or university with a minimum of thirty quarter or twenty
semester hours in child development/preschool program planning and methods
including a supervised practicum with preschool children; or
(e)
An early
childhood license pursuant to section
3319.22
of the Revised Code.
(f)
The lead teacher cannot serve as the intervention
specialist of record for children with a disability.
(2)
A public school
preschool special education class as defined in rule
3301-51-11
of the Administrative Code, operated by a public school or a county board of
developmental disabilities shall have an intervention specialist classroom
teacher that meets one of the following during instructional time:
(a)
A valid license
or education of the handicapped certificate with an endorsement in
pre-kindergarten special needs or early education of the handicapped issued
pursuant to section
3319.22
of the Revised Code;
(b)
A valid early childhood intervention or primary
intervention specialist license issued pursuant to section
3319.22
of the Revised Code;
(c)
A valid supplemental or intervention teaching license
in the area of pre-kindergarten special needs, early childhood intervention
specialist, or intervention specialist in the areas of visually impaired or
hearing impaired, if the children are visually impaired or hearing impaired;
or
(d)
A valid K-12 intervention specialist license issued
pursuant to section
3319.22
or
3319.26
of the Revised Code and meets one qualification of a general education
preschool lead teacher.
(3)
A preschool
program operated by an eligible nontax-supported, nonpublic school, shall have
a lead teacher who is at least eighteen years of age who has a high school
diploma or certification of high school equivalency issued by the state board
of education or comparable agency or holds a valid teaching certificate issued
in accordance with section
3301.071
of the Revised Code.
(G)
Any individual
who may have an assigned schedule with a preschool child (or group) or may be
used to count in the ratio is obligated to have the following on file:
(1)
Evidence that
they are at least eighteen years of age or meet the requirements of section
3301.54
of the Revised Code;
(2)
A high school diploma, GED or high school equivalency
or applicable certification/licensure;
(3)
Orientation
training as prescribed by the department, completed within thirty days of the
individual's start date;
(4)
A signed non-guilty non-conviction statement on a
prescribed form that is signed annually;
(5)
A criminal record
check that meets the following:
(a)
The requirements as prescribed in section
3301.541
of the Revised Code and if applicable, rehabilitation criteria as described in
rules
3301-20-01
and
3301-20-03
of the Administrative Code; or
(b)
The background
check requirements as prescribed in rule
5101:2-12-09
of the Administrative Code and the Child Care and Development Block Grant Act
of 2014,
42 U.S.C.
9858 (CCDBG Act of 2014) for programs
contracted to provide publicly funded child care services and department
licensed head start programs; and
(6)
A medical
statement signed by a licensed physician assistant, advanced practice
registered nurse, or a certified nurse practitioner that documents that they
are free of communicable disease and fit to work with children dated on or
before the first day of employment.
(H)
Annual in-service
training for preschool staff members is to be in one or more of the following
areas:
(1)
Child
development or early childhood education;
(2)
Ohio Approved
Professional Development Training; or
(3)
Health and
safety.
(4)
Annual refers to the school year, from July first to
June thirtieth, or every twelve months from the date of hire for staff employed
after the school year begins.
(I)
It is the
program's responsibility to ensure the following:
(1)
Each staff member
has completed and is current with an approved course for age-appropriate first
aid and CPR in accordance with rule
5101:2-12-10
of the Administrative Code.
(2)
A person who has
completed and is current with an approved course to recognize the common signs
of communicable disease or other illness will observe each child daily as they
enter the group and be readily available at all times.
(3)
In each building,
to have readily available at all times at least one preschool staff member who
has completed and is current with a child abuse recognition and prevention
course based on an approved curriculum. The child abuse recognition and
prevention curriculum used in the course may be consistent with requirements as
established by section
3319.073
of the Revised Code or appear on the approved curriculum list posted on the
department's website. Consistent with requirements as established by section
3319.073
of the Revised Code, such staff shall complete at least four hours of
in-service training in child abuse recognition and prevention within two years
of employment and every five years thereafter.
(4)
Each class/group
in a preschool program is to have at least one assigned lead teacher who meets
the applicable requirements.
(J)
Substitutes shall
meet the following requirements:
(1)
Evidence that they are at least eighteen years of
age.
(2)
Have at least a high school diploma or certification of
high school equivalency issued by the state board of education or comparable
agency.
(3)
A medical statement signed by a licensed physician,
physician's assistant, advanced practice registered nurse, or certified nurse
practitioner that documents they are free of communicable disease and fit to
work with children.
(4)
Evidence of criminal record checks and five-year
updates as follows:
(a)
Evidence that meets the requirements as prescribed in
section
3301.541
of the Revised Code and if applicable, rehabilitation criteria as described in
rules
3301-20-01
and
3301-20-03
of the Administrative Code; and
(b)
Evidence that
meets the background check requirements as prescribed in rule
5101:2-12-09
of the Administrative Code and the Child Care and Development Block Grant Act
of 2014,
42 U.S.C.
9858 (CCDBG Act of 2014) for programs
contracted to provide publicly funded child care services and department
licensed head start programs.
(5)
Evidence on file
that individuals in public school districts, county board of developmental
disabilities, educational service centers and community schools have an
appropriate substitute license as prescribed in section
3319.226
of the Revised Code.
(6)
Evidence on file that staff listed on an IEP providing
services for children with disabilities are qualified personnel as required in
rule
3301-51-11
of the Administrative Code.
(7)
Minimum
requirements for the position for which they are substituting in accordance
with section
3319.226
of the Revised Code.
(8)
Orientation training as prescribed by the department,
completed within thirty days of the individual's start date;
and
(9)
A signed non-guilty non-conviction statement on a
prescribed form updated annually.
(K)
Preschool staff
employed part-time shall complete the in-service requirement based upon the
percentage of time or full-time equivalency of their preschool assignment
pursuant to section
3301.54
of the Revised Code.
(L)
Preschool staff members licensed by the department
shall complete ten annual clock hours, which may be part of the professional
development plan in accordance with Chapter 3301-24 of the Administrative Code.
Annual completion refers to the school year, from July first to June
thirtieth.
(M)
The training specified in paragraph (M) of this rule
shall be provided by an approved trainer who shall have at least two years of
experience specific to the subject area and possess one of the following:
(1)
An associate or
higher degree in child development or early childhood education, education,
special education, speech language pathologist, home economics, nursing,
nutrition, psychology, dental hygiene, or social work. Evidence of an associate
or higher degree shall be a copy of a diploma, a transcript, or other written
evidence accepted by the director as evidence of completion of at least ninety
quarter credit hours or sixty semester credit hours from an accredited college,
university, or technical college. The coursework shall include at least
thirty-six quarter credit hours or twenty-four semester credit hours in courses
in any of the subject areas listed in paragraph (J) of this rule;
or
(2)
A prekindergarten certificate or endorsement or early
childhood license issued by the state board of education; or
(3)
A license as a
physician or registered nurse.
(N)
A director and
preschool staff member shall provide evidence of criminal record checks and
five-year updates that meet:
(1)
The requirements as prescribed in section
3301.541
of the Revised Code and if applicable, rehabilitation criteria as described in
rules
3301-20-01
and
3301-20-03
of the Administrative Code; or
(2)
The background
check requirements as prescribed in rule
5101:2-12-09
of the Administrative Code and the Child Care and Development Block Grant Act
of 2014,
42 U.S.C.
9858 (CCDBG Act of 2014) for programs
contracted to provide publicly funded child care services and department
licensed head start programs. Documentation that reports and five-year updates
are sent to the district or the department's office of educator licensure as
required by section
3319.391
of the Revised Code shall be kept on file.
(O)
The preschool
staff member/child ratio must be maintained at all times.
(1)
Sufficient
individuals must always be physically present with the children to meet staff
member/child ratio requirements in accordance with section
3301.56
of the Revised Code.
(2)
No child shall ever be left alone or
unsupervised.
(3)
In each program the maximum number of children per
preschool staff member and the maximum group size by age category of children
shall be as follows:
(a)
General education and co-taught classrooms
|
Age Group |
Staff Member/Child
Ratio |
Maximum Group
Size |
|
Birth to less than 12
months |
1:5 or 2:12 if two preschool
staff members are in the room |
12 |
|
12 months to less than 18
months |
1:6 |
12 |
|
18 months to less than 30
months |
1:7 |
14 |
|
30 months to less than 3
years |
1:8 |
16 |
|
3 years |
1:12 |
24 |
|
4 year olds and 5 year olds not
in kindergarten or school |
1:14 |
28 |
(b)
Special education classrooms
|
Age Group |
Staff Member/Child
Ratio |
Maximum Group
Size |
|
3 year old, 4 year old and 5
year old children not in kindergarten or school |
In accordance with section
3323.022
of the Revised Code |
15 children (max of 8 children
with a disability) |
(c)
Integrated classroom
|
Age Group |
Staff Member/Child
Ratio |
Maximum Group
Size |
|
3 year old, 4 year old and 5
year old children not in kindergarten or school |
In accordance with section
3323.022
of the Revised Code |
16 children (max of 8 children
with a disability) |
(4)
Preschool special
education programs shall meet the child/staff ratio requirements of section
3323.022
of the Revised Code and rule
3301-51-11
of the Administrative Code.
(5)
An intervention
specialist classroom teacher will have a caseload of no more than eight
preschool children with disabilities in any one class session. If a teacher is
responsible for two half-day class sessions, no more than sixteen children with
disabilities will be served by the teacher.
(P)
Volunteers may be
counted in the staff/child ratio if a BCII investigation is kept on file;
however, a program shall ensure that such practice does not become
routine.
(Q)
A second adult shall be readily available at all times
when seven or more children are present in the program. The second adult
shall:
(1)
Be
available within the building used for the preschool program or in an adjacent
outdoor area;
(2)
Be able to be summoned by the preschool staff member
without leaving the group alone or unsupervised;
(3)
Be able to react
in response to such summons so as to reduce risk to children during an
emergency circumstance;
(4)
Meet background check requirements as prescribed in
rule
5101:2-12-09
of the Administrative Code and the Child Care Development Block Grant Act of
2014 (42 USC
9858) for programs contracted to provide
publicly funded childcare services and department licensed head start
programs.
(R)
When age groups are combined for programming purposes
the following requirements must be met:
(1)
When age groups
are combined, the maximum number of children per preschool staff member shall
be determined by the age of the youngest child in the group, except that when
no more than one child, thirty months of age or older, receives care in a group
in which all the other children are in the next older age group, the maximum
number of children per preschool staff member and maximum group size
requirements of the older age group established in this rule shall
apply.
(2)
Any accredited program that uses the Montessori method
endorsed by the American Montessori society (
www.amshq.org) or
the association Montessori internationale (
www.montessori-ami.org) as its primary method of instruction may combine preschool
children of ages three to five years of age with children enrolled in
kindergarten. Notwithstanding anything to the contrary in division (B)(2) of
section
3301.56
of the Revised Code, when such age groups are combined, the maximum number of
children per preschool staff member shall be twelve and the maximum group size
shall be twenty-four children.
(3)
Preschool and
school age groups may be combined at the beginning of the day or at the end of
the day, when the total is twelve or fewer children.
(S)
In a room where
children are napping or resting, if all children are at least eighteen months
of age, the maximum number of children per preschool staff member shall, for a
period not to exceed one and one-half hours in any twenty-four-hour day, be
twice the maximum number of children per preschool staff member established in
paragraph (N) of this rule if all the following criteria are met:
(1)
At least one
preschool staff member shall be physically present in the room at all times
during nap/rest time;
(2)
The preschool staff member(s) assigned to a room where
children are napping shall be responsible for the care and supervision of the
children in the room and shall be able to summon other child-care staff members
without leaving the room;
(3)
There shall be enough preschool staff members readily
accessible within the building in which the program is located to ensure that
the maximum number of children per preschool staff member as required by
paragraph (N) of this rule is met at all times; and
(4)
Nap/rest-time
preparation shall have been completed and all napping children shall be resting
or sleeping on cots or mats.
Replaces: 3301-37-04
