(a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.
(1) The number of children in attendance shall not exceed licensed capacity.
(2) Whenever children are engaged in activities away from the center, no teacher shall be in charge of a group of more than 12 children.
(A) Activities outside the perimeter of the licensed child care center pose additional hazards to children. An effort should be made to gain an adult-child ratio of at least 1:6 through the use of adult volunteers.
(b) The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance.
(1) A ratio of one fully qualified teacher (as specified in Section 101216.1(c)) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d).
(A) This ratio does not apply to children enrolled in an infant care center or a school-age child care center.
(c) Child development programs funded by the California Department of Education and operating under Title 5 of the California Code of Regulations are not required to meet the teacher-child ratios specified in (a) and (b) above. Title 5 staffing ratios shall apply in such centers.
(1) Section 18290 of Title 5 of the California Code of Regulations provides:
Contractors shall maintain at least the following minimum ratios in all centers:
(A) Infants (birth to 18 months old) - 1:3 adult-child ratio, 1:18 teacher-child ratio.
(B) Toddlers (18 months to 36 months old) - 1:4 adult-child ratio, 1:16 teacher-child ratio.
(C) Preschool (36 months to enrollment in kindergarten) - 1:8 adult-child ratio, 1:24 teacher-child ratio.
(D) Children enrolled in kindergarten through 14 years old - 1:14 adult-child ratio, 1:28 teacher-child ratio.
(E) Compliance with these ratios shall be determined based on actual attendance.
(2) Section 18291 of Title 5 of the California Code of Regulations provides:
(A) Whenever groups of children of two (2) age categories are commingled and the younger age group exceeds fifty percent (50%) of the total number of children present, the ratios for the entire group must meet the ratios required for the younger age group.
(B) If the younger age group does not exceed fifty percent (50%) of the total number of the children present, the teacher-child and adult-child ratios shall be computed separately for each group.
(3) Section 18292 of Title 5 of the California Code of Regulations provides:
Except as otherwise provided in this Division or Title 22 California Code of Regulations, Community Care Licensing Standards the program may exceed teacher-child and adult-child ratios prescribed by Section 18290 by fifteen percent (15%) for a period of time not to exceed one hundred twenty (120) minutes in any one day.
(d) The licensee may include the child care center director in the teacher-child ratio when the director is actually engaged in teaching a group of children.
(1) The licensee may include the substitute child care center director in the teacher-child ratio when the substitute director is actually engaged in teaching a group of children.
(e) Each licensee shall maintain an up-to-date list of qualified teacher substitutes as defined in Section 101152q.(1). Substitutes on this list shall be called immediately in case of emergency or illness to meet the teacher-child ratios required by this chapter.
(f) During nap periods the teacher-child ratio specified in Section 101230 (c) shall apply.
(g) A teacher shall not be required to perform housekeeping or maintenance duties that prevent him/her from performing duties related to providing care and supervision to children.
(h) Persons employed for clerical, housekeeping and maintenance functions shall not be included as teachers in the teacher-child ratio.
(1) The licensee may use such persons as emergency substitutes for teachers while a qualified teacher substitute is being secured.
NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81, 1597.05 and 1597.059, Health and Safety Code.