Section 101216.3
TEACHER-CHILD RATIO
(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.
- HANDBOOK BEGINS HERE
- (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.
- HANDBOOK ENDS HERE
(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.
- HANDBOOK BEGINS HERE
- (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, 1:28 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.
- HANDBOOK ENDS HERE
(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.

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