Page 13

13

First, in response to the ratios set forth in § 121.3(a), a commenter requested that the 1:10 ratio for child development centers is lowered to 36-60 months, instead of 48-60 months. OSSE considered these comments, however OSSE has elected not to incorporate the commenter’s suggested changes. The purpose of setting ratios and group sizes is to provide healthy and safe conditions for children, as well as meet children’s developmental needs. Adult-to-Child ratios should be set such that caregivers can demonstrate the capacity to meet health and safety requirements and evaluate the needs of children in their care in a timely manner.

Section 121.3(b) sets forth the ratios and group sizes for child development centers providing out-of-school-time care to school age children. One comment requested the State Superintendent re-instate the ratios and group sizes in 29 DCMR 343.5, which provided a 1:12 ratio and maximum group size of 24 for children under six (6) years old and a 1:15 ratio and maximum group size of 30 for children 6 years and older. The commenter notes that the National Afterschool Association recommends a ratio between 1:10 and 1:15, with group sizes not to exceed thirty (30). OSSE appreciates this comment as OSSE did not intend to change in ratio for child development centers providing out-of-school-time care to school age children through the proposed rulemaking but was altered due to a drafting error. Because the former ratio and group size requirements for child development centers providing out-of-school-time care to school age children meet the National Afterschool Association’s recommendations, OSSE has amended 121.3(b).

Section 121.3(b) sets forth the ratios and group sizes for child development homes and expanded child development homes. One comment recommends amending the maximum group size in an expanded child development home from nine (9) to twelve (12) when there are more than four (4) children under two (2) years old. OSSE considered these comments, however elected not to incorporate the commenter’s suggested changes. The National Fire Protection Association 101: Life Safety Code from the National Fire Protection Association (NFPA) recommends no more than three children younger than 2 years of age be cared for where two caregivers are caring for up to 12 children because low child to staff ratios for non-ambulatory children are essential for fire safety.

Also, in reviewing the proposed rulemaking, OSSE recognized that the maximum size of group heading in table in § 121.3(c) was unclear. A child development home can only serve up to six (6) children and an expanded child development homes can only serve up to (12) children, and therefore, OSSE struck the heading “maximum size of group” and replaced it with “maximum number of children enrolled.”

One commenter questioned why child development homes have a ratio of 1:6 and a group size of twelve (12) with one child under two (2) years when child development centers must maintain a ratio of 1:4 and a group size of eight (8) with one child under two (2) years. Child development homes offer care to children from birth to age 14 in one setting and therefore have different ratios and group size then centers.

Section 121.7 provides that volunteers shall not to be used to meet ratio requirements, unless otherwise provided. OSSE received two comments requesting clarification of this requirement as