SECTION 340:110-3-286. Ratios and group sizes

(a)   Ratios. Ratios mean the number of teaching personnel required to be physically present with a child or group of children per Oklahoma Administrative Code (OAC) 340 Appendix GG - Ratios and Group Sizes. Only teaching personnel count in ratios, unless the requirements specifically state otherwise. The program is required to maintain ratios at all times.

(1)   Counted in ratios. Personnel may count in ratios when these situations apply.

(A)   Transportation. Drivers may count in ratios when only one or two children of any age or only 4-year-olds or older are transported.

(B)   Support services - minimal cleaning and food service. Teaching personnel may count in ratios while performing minimal cleaning and food service duties, provided supervision is maintained.

(C)   Adjacent restrooms. Teaching personnel may count in ratios when present or children are present in a restroom that opens directly into the classroom provided children can be seen or heard and supervision is maintained.

(D)   Rest time - 3- through 5-year-olds. When children are resting quietly or sleeping, the exceptions listed in (i) and (ii) of this subparagraph may apply.

(i)   One group. At least one teaching personnel is present in the classroom. Other teaching personnel required for ratios remain in the building on the same floor.

(ii)   Combined groups. When two or more groups are combined into one classroom for rest time, at least one teaching personnel is with each group and present in the classroom. Other teaching personnel required for ratios remain in the building on the same floor. When groups are combined the:

(I)   maximum group size requirements per (b) of this Section do not apply; and

(II)   classroom capacity requirements per Oklahoma Administrative Code (OAC) 340:110-3-301(b) apply.

(E)   Overnight care. When children are resting quietly or sleeping, at least one teaching personnel is with each group and present in the classroom. Other teaching personnel required for ratios remain in the building on the same floor. Teaching personnel are awake at all times per OAC 340:110-3-287.

(2)   Not counted in ratios. Personnel do not count in ratios when the situations listed in (A) through (C) of this paragraph apply.

(A)   Transportation. Drivers do not count in ratios when 3-year-olds or younger are transported, unless the transportation exception applies per (1) of this subsection.

(B)   Support services. Personnel do not count in ratios when performing support services, unless the minimal cleaning and food service exception applies per (1) of this subsection.

(C)   Lifeguard. Personnel do not count in ratios when performing lifeguard duties.

(3)   Children with disabilities. When children with disabilities are in care, additional teaching personnel may be required to ensure the appropriate supervision and care of all children.

(b)   Groups and group sizes. Groups are determined by the number of children cared for by one or more teaching personnel. There is only one group of children per classroom or other area and the maximum group size is not exceeded per OAC 340 Appendix GG - Ratios and Group Sizes, unless an exception applies per (2) of this subsection.

(1)   Classrooms. Rooms may be one classroom or divided into more than one classroom by permanent or temporary walls or barriers, including large areas, such as gymnasiums, provided the large area requirements per OAC 340:110-3-301(b) are met.

(A)   Classrooms - 4-year-olds or younger. Walls or barriers are at least three feet in height.

(B)   Classrooms - 5-year-olds or older. Walls or barriers may be established through a variety of options, such as partitions or tables.

(2)   Maximum group size exceptions. The maximum group size requirements do not apply when groups are combined for special activities, outdoor play, meals, snacks, rest time, and field trips. However, the ratio requirements apply, including the combined group rest time exception per (a) of this Section.

(c)   Post ratios and group sizes. Ratios and group sizes are posted per OAC 340:110-3-281.1(i).

[Source: Amended and renumbered from 340:110-3-25.6 at 32 Ok Reg 704, eff 1-1-16 (emergency); Amended and renumbered from 340:110-3-25.6 at 33 Ok Reg 1678, eff 9-15-16]