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View Full Version : Help Decipher This - MA Regs On Capacity


MG&Lsmom
03-13-2011, 07:55 AM
Since my licensor has not returned all 3 of my phone calls this month I'm asking for your read on this reg. I'm going to go over her head on Monday since 3 weeks is certainly enough time to return a provider's phone call.

Anyway from the MA Regs

7.03(2) Licensed Capacity. Programs will be licensed for the maximum number of children who may be in the care of educators at anyone time, taking into consideration the size and layout of the physical facility, the number and qualifications of educators, the equipment and resources available to the children, the individual needs and characteristics of the children served, and the building certificate capacity, if applicable. At no time shall a program admit, supervise or provide care for more than the maximum number of children indicated on the license.

I was licensed under the previous regs and have a capacity of 6

Then....

7.10 Ratios, Group Sizes and Supervision of Children
The following requirements apply to all programs, including family child care, small group and school age and large group and school age child care.

7.10(4) Multi-age Grouping. A group of children ranging in age from birth through 13 years (or 16 years, if such children have special needs), may be assigned on an ongoing basis to a single group, provided all provisions of606 CMR 7.10(4) are met. The Multi-age Grouping ratios and group sizes specified at 606 CMR 7.10(4)(d) through (h) may be used by:
(a) family child care and small group and school age child care programs;

This was in a table and didn't copy correctly
7.l0(4)(d) six or fewer children one educator
No more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months.

7.l0(4)(e) seven or eight children one educator
No more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months. All children over capacity of six must be school age.

I'm trying to figure out if I can fill a full time spot on Fridays when I'm at my "capacity" for 30 mins due to 2 SA kids. All of the kids in my care are over the 24m. The 2nd reg seems to totally contradict the first, but it seems I can have 1-2 children over capacity as long as they are SA? Or am I miss reading.

Link to the regs in case you want to read the whole thing (http://www.mass.gov/?pageID=edusubtopic&L=5&L0=Home&L1=Pre+K+-+Grade+12&L2=Early+Education+and+Care&L3=Laws%2c+Regulations%2c+and+Policies&L4=2010+Family%2c+Group+and+School+Age+Child+Care+Regulations&sid=Eoedu)

And much Thanks in advance!!! :Sunny:

Cat Herder
03-13-2011, 08:19 AM
7.03(2) Licensed Capacity. Programs will be licensed for the maximum number of children who may be in the care of educators at anyone time, taking into consideration the size and layout of the physical facility, the number and qualifications of educators, the equipment and resources available to the children, the individual needs and characteristics of the children served, and the building certificate capacity, if applicable. At no time shall a program admit, supervise or provide care for more than the maximum number of children indicated on the license.

CH: Here it means 35 sq ft USABLE (bare, obstacle free) floor space per child with only 4 being under 12 months. That seems to be where many are going to if not lower ratio?
]

I was licensed under the previous regs and have a capacity of 6

Then....

7.10 Ratios, Group Sizes and Supervision of Children
The following requirements apply to all programs, including family child care, small group and school age and large group and school age child care.

CH: That rocks, here large centers have higher ratios stacking the odds in their favor for earnings potential.

7.10(4) Multi-age Grouping. A group of children ranging in age from birth through 13 years (or 16 years, if such children have special needs), may be assigned on an ongoing basis to a single group, provided all provisions of606 CMR 7.10(4) are met. The Multi-age Grouping ratios and group sizes specified at 606 CMR 7.10(4)(d) through (h) may be used by:
(a) family child care and small group and school age child care programs;

This was in a table and didn't copy correctly
7.l0(4)(d) six or fewer children one educator
No more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months.

CH: Three under 2 would put me out of business.:eek:

7.l0(4)(e) seven or eight children one educator
No more than three children younger than two years old, including at least one toddler who is walking independently. Additional children must be older than 24 months. All children over capacity of six must be school age.

I'm trying to figure out if I can fill a full time spot on Fridays when I'm at my "capacity" for 30 mins due to 2 SA kids. All of the kids in my care are over the 24m. The 2nd reg seems to totally contradict the first, but it seems I can have 1-2 children over capacity as long as they are SA? Or am I miss reading.

CH: Here, it means 2 BA/SA for up to 2 - 2 hour periods per day is allowed in addition to what they license you at. Maybe that is their intent, too? It does not account for summer care, though....:eek:

Link to the regs in case you want to read the whole thing (http://www.mass.gov/?pageID=edusubtopic&L=5&L0=Home&L1=Pre+K+-+Grade+12&L2=Early+Education+and+Care&L3=Laws%2c+Regulations%2c+and+Policies&L4=2010+Family%2c+Group+and+School+Age+Child+Care+Regulations&sid=Eoedu)

And much Thanks in advance!!! :Sunny:

Yeah, your regs are are getting like mine....they seem intent on putting home providers out of business.:( If that is the case I wish they would just say "No more private daycare" and stop making us jump through more and more hurdles just to be phase out slowly....YKWIM??

Unregistered
03-13-2011, 11:17 AM
There is a license for 6 plus 2 school age. I think you have to attend a training and then apply for it. Your regular license for 6 won't let you add the SA.

DCMomOf3
03-13-2011, 01:02 PM
i read it as you are licensed for 6 so 7.l0(4)(d) applies to you and you ignore 7.l0(4)(e). I think 7.l0(4)(e) applies if you were licensed for 7 or 8 kids only.

That means to me you can have 6 kids total and of any age. If you choose to have some 0-24 months old babies you can only have 3 in that age range and of those babies, you can only have max of 2 that aren't walking.


What are your kids ages right now that you have?

MG&Lsmom
03-13-2011, 02:41 PM
i read it as you are licensed for 6 so 7.l0(4)(d) applies to you and you ignore 7.l0(4)(e). I think 7.l0(4)(e) applies if you were licensed for 7 or 8 kids only.

That means to me you can have 6 kids total and of any age. If you choose to have some 0-24 months old babies you can only have 3 in that age range and of those babies, you can only have max of 2 that aren't walking.


What are your kids ages right now that you have?

Ok, that's how I was reading it too. They did away with the language of licenses which is making it confusing. I have a FCC and there is a FCC Plus (6+2) and Large FCC (up to 10 w an asst). But the table said nothing about licenses just numbers if that makes sense. I have room space wise to go to FCC Plus but can't until Aug.

I have all part time clients right now with Fridays being my "full" day. Counted in capacity are my own 2yo & 4.5yo. Then 2yo dcb and 2.5yo dcg. At 3pm when the bus arrives I add 7yo dcg and 9yo dcb = 6. My SA are only contracted for the school year. In addition, the 2.5yo dcg and SAs are sibs, only attend every other Friday and leave at 3:30.

Cat Herder
03-13-2011, 02:44 PM
There is a license for 6 plus 2 school age. I think you have to attend a training and then apply for it. Your regular license for 6 won't let you add the SA.

This is true, Thank you for catching that...;) I stopped doing BA/SA years ago...:o

Unregistered
03-13-2011, 02:55 PM
No problem. I should go register, I really enjoy this board. I'm Marcia, btw. I'm in western MA.

Michael
03-13-2011, 02:59 PM
No problem. I should go register, I really enjoy this board. I'm Marcia, btw. I'm in western MA.

Great Marcia, we'll be looking for you!

Unregistered
03-14-2011, 09:05 AM
We may never be over our what our license indicates at any time, not even by a minute. The number on your license is the max you can have all the time. I am concerned about the licensor not returning your phone calls, but then she/he could be on leave or vacation. You should call back and ask to speak to the regional supervisor, Kelly.

Linda