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programs may rely on volunteers to help meet the ratio, such as students completing their practicum hours. A facility may use volunteers to meet ratio requirements only as set forth in §§ 121.9, 121.10, 121.11, such as during non-peak hours, nap or rest period, or substituting for an assistant teacher in a part day program. OSSE has elected not to incorporate other circumstances when a volunteer may be used to meet ratio requirements. The role that volunteers play in a licensed facility is addressed in Section 138.

Section 121.8 requires that child development centers shall have two (2) staff members supervising each group at all times. A commenter recommended that when a teacher is supervising children in public spaces, where both children and staff are under the supervision of other staff, and within ratio, a second teacher should not be required. OSSE considered these comments, however OSSE has elected not to incorporate the commenter’s suggested changes. Caring for Our Children recommends that the adult to staff ratio should be met during all hours of operation, including indoor and outdoor play and field trips, and that no child development center should operate with fewer than two staff members if more than six children are in care, even if the group otherwise meets the adult to child ratio. The second teacher’s presence is necessary to help in the event of an emergency or evacuation.

Section 121.10 provides that when children thirty (30) months and older are grouped together to nap, only one staff member is required to be supervising the children, while a second staff member should be present on the same floor and immediately available to assist. One comment questioned whether the second person may be assigned to more that one group on the same floor. Because the purpose of the second person on the same floor is to support the first teacher supervising the napping children during an emergency response or evacuation, the second person should only be assigned to one group.

In sum, the comments in this section mainly requested that OSSE decrease the adult to child ratio requirements. However, low adult-to-child ratios support the health and safety of children and allows for stronger relationships between a child and their caregiver, which is a key component of quality child care.

D. Facilities, Supplies, Equipment and Environmental Health

Sections 122 through 126 set forth the health and safety standards for a child development facility’s premise. At their core, the health and safety standards in this final rulemaking are intended to make child care safer and thus lower the risk of harm to children. The State Superintendent received a number of comments in these sections, which are addressed below.

General Requirements Section 122.3 sets forth the requirements for exits. One commenter noted that two of the four requirements, exits are visible and exits are arranged or marked so the path to exit the building is clear, contradict each another and sought clarification as to whether both requirements were necessary. OSSE adopted the commenter’s suggestion that both requirements may lead to confusion, deleted “visible at all times” from § 122.3(b), added “visible and” to “arranged or marked so the path to exit the building is visible and clear, and re-lettered the other requirements accordingly.