Chapter 3301-32 | School Child Program

Rule 3301-32-01 | Definitions.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) "Administrator" means the person responsible for the daily operation of the center.

(B) "Adult" means a person who is at least eighteen years of age.

(C) "Child with a disability" has the same meaning as in section 3323.01 of the Revised Code.

(D) "Community school" has the same meaning as in section 3301.52 of the Revised Code.

(E) "Continuity of care" means the process developed for ensuring that children know which staff member(s) are responsible for their whereabouts and well-being at all times while they are attending the school child program.

(F) "Current first aid certification" means documentation of training received from an approved health organization.

(G) "Department" means the Ohio department of education.

(H) "Eligible nonpublic school" has the same meaning as in section 3301.52 of the Revised Code.

(I) "Governing body" means a board of education for a school district, an educational service center or county board of developmental disabilities; or the group of persons who have similar authority over a community school or nonpublic school program.

(J) "Licensed health care professional" means either a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery or a registered nurse licensed under Chapter 4723. of the Revised Code.

(K) "License capacity" means the maximum number of school children who may be permitted to attend a school child program at one time at one site.

(L) "Medicine" means a substance used to treat disease or injuries, maintain health, heal, or relieve pain. The term applies to prescription and nonprescription substances taken internally or applied externally.

(M) "Mildly ill child" means a child who does not feel well enough to participate in activities, but who does not have symptoms that may be indicative of a communicable disease.

(N) "Nutritious snack" means a snack that provides nutritional value in addition to calories and contains at least one food from any two of the five basic food groups: meat/beans; grains; fruits; vegetables; and/or milk.

(O) "Parent or guardian" has the same meaning as in section 3301.52 of the Revised Code.

(P) "Person trained in child abuse recognition and prevention" means a person who has received training in child abuse recognition and prevention from an approved health organization or from an organization that uses an approved curriculum.

(Q) "Person trained in first aid" means a person who has received training in first aid from an approved organization.

(R) "Person trained to recognize communicable disease" means a person who has received training in prevention, recognition, and management of communicable disease from an approved organization.

(S) "Primary space" means usable space that is always available to and used exclusively by the school child program or a portion of space used concomitantly with other groups dedicated to the school child program during its hours of operation. Such space may be used by others at other times of the day.

(T) "Program site" means the building licensed for the operation of the school child program.

(U) "School child" means a person who is attending kindergarten or who is at least five years of age as of the first date of attendance in the school child program, is less than fifteen years of age, and is not enrolled in high school.

(V) "School child curriculum" means a curriculum that addresses the following areas:

(1) "Health and safety" is that portion of the curriculum that addresses developing independent living skills for developing a healthy lifestyle such as self-protection and safety, nutrition, and respect;

(2) "Personal discipline" is that portion of the curriculum that addresses acquiring the capacity for industry, production, and completion of tasks, developing responsibility for one's own actions, setting limits, respecting rights and property of others, forming friendships, and using community resources responsibly;

(3) "Recreational" is that portion of the curriculum that addresses developing a sense of confidence in dealing with the physical environment through games, hobbies and exercise, and learning to be content with personal abilities; and

(4) "Social and emotional learning " is that portion of the curriculum that addresses forming friendships, mastering a variety of human interactions such as comparing oneself with one's peers, and interacting in social situations.

(W) "School child program" means a program only for school aged children that is operated by a school district board of education, county board of developmental disabilities, community school, or eligible nonpublic school, that provides care and organized activities for school age children when school is not in session.

(X) "School district" means any city, county, exempted village, local, joint vocational school, community school, or educational service center.

(Y) "Secondary space" means space that cannot be classified as primary space, because the usable space ordinarily assigned to the school child program may be scheduled for use by others on an occasional basis. Secondary space provides additional space options for program operations and must be available during the program's operation.

(Z) "Superintendent" means the chief administrative officer of the school district, county board of developmental disabilities, community school, or eligible nonpublic school.

(AA) "Supervision" means the process of overseeing the daily operation of a school child program.

Last updated July 1, 2021 at 10:13 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 12/30/2004

Rule 3301-32-03 | Staff requirements and ratios.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) Staff/child ratios shall be at least one staff member caring for eighteen school children who are five years old, but less than eleven years old; or at least one staff member caring for every twenty school children who are eleven years old, but less than fifteen years old.

(B) The maximum group size shall not exceed twice the maximum number of children allowed per staff member as required in paragraph (A) of this rule. When there is a combination of ages within a group of school children, the age of the youngest school child shall determine the maximum number of children per staff member. There may be multiple groups at one site.

(C) When one to eighteen children are in attendance, one staff member or responsible individual who is at least eighteen years of age shall be in attendance and, at a minimum, at least one other responsible individual shall be accessible in the building in which the program is located. At least two staff members shall be present on field trips including seven or more participating children.

(D) At a minimum, one administrator shall be present on site at least fifty per cent of the operating hours of the school child program.

(E) Staff/child ratios established in this rule shall be maintained for each program site.

(F) Staff members shall at all times accompany and supervise children at swimming sites including, but not limited to, public or private swimming pools. Swimming sites not on the same premises as the program shall be approved and supervised by local authorities. Activities in bodies of water eighteen inches in depth shall be supervised by persons who are currently certified as lifeguards or water safety instructors by the American red cross, YMCA, or an equivalent water safety program. Swimming in lakes, rivers, or ponds is unallowable.

(G) The program shall provide enough staff members to meet the ratio requirement at all times during swimming and water play activities.

(H) The file for any individuals used to meet ratio or left alone with a child is to include, at a minimum:

(1) A current profile in the Ohio professional registry (OPR);

(2) Evidence they are at least eighteen years old;

(3) A high school diploma or equivalency;

(4) Orientation training as prescribed by the department, completed within thirty calendar days of the staff members start date;

(5) Program policies and procedures orientation training completed prior to or within seven calendar days of the first scheduled date of attendance on the job, except that the discipline policy and procedures shall be reviewed before working with children;

(6) In-service hours as set forth in section 3301.54 of the Revised Code and then annually as follows:

(a) If the individual works twenty nine hours or less a week then 2.5 hours of in-service is to be completed; or

(b) If the individual works thirty hours or more a week, then five hours of in-service is to be completed;

(7) A medical statement signed by a licensed physician assistant, advanced practice registered nurse, or a certified nurse practitioner that documents that they are free of communicable disease and fit to work with children. The documentation should be dated on or before the first day of employment; not more than twelve months prior to employment and up to thirty days after employment;

(8) Evidence of criminal record checks and five-year updates that meets the following:

(a) The requirements as prescribed in section 3301.541 of the Revised Code and, if applicable, rehabilitation criteria as described in rules 3301-20-01 and 3301-20-03 of the Administrative Code.

(b) The background check requirements as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care and Development Block Grant Act of 2014, P.L. 113-186 (11/19/2014), 128 Stat. 1971 (2014), 42 USC 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services;

(9) Documentation of current age appropriate first aid, age appropriate CPR, recognition and prevention of communicable disease and child abuse recognition reporting and prevention training in accordance with rule 5101:2-12-10 of the Administrative Code; and

(10) If authorized to administer medication, documentation of medication administrating training in accordance with section 3313.713 of the Revised Code.

(I) In-service training hours may be accumulated through post-secondary coursework, seminars, workshops, conferences, structured observation of other programs, topic specific staff meetings, and orientation training required in this rule. Electronic media resource trainings, and self-study may be used for the child-care staff members in-service training.

(J) In-service training is to be in one of the following areas: child development or early childhood education, Ohio approved professional development training, or health and safety.

(K) Documentation of completed in-service training as required shall include date, place, topic, program coordinators and presenters signatures, or in the case of self-study, the title, author/producer, and annotated bibliography of the self-study course in lieu of the presenters signature.

(L) In-service training hours accumulated through post-secondary coursework, seminars, workshops, and conferences on topics other than first-aid, child abuse, and management of communicable disease, shall be provided by an approved trainer who shall have at least two years of experience specific to the subject area and possesses one of the following:

(1) An associate or higher degree in child development, education, home economics, nursing, nutrition, psychology, dental hygiene, social work, or other related fields. Evidence of an associate or higher degree shall be a copy of a diploma, a transcript, or other written evidence of completion of at least ninety quarter credit hours or sixty semester credit hours from an accredited college, university, or technical college.

(2) A currently valid child development associate credential issued by the council for professional recognition (www.cdacouncil.org).

(M) Each staff member shall have current valid age appropriate first aid, age appropriate CPR, child abuse recognition and prevention, and management of communicable disease certification in accordance with rule 5101:2-12-10 of the Administrative Code. A staff member with current valid age appropriate first aid and age appropriate CPR training shall be readily available during field trips.

In-service training on age appropriate first aid, age appropriate CPR, child abuse recognition and prevention, and management of communicable disease shall be updated according to the length of time required by the approved organization,

Last updated July 1, 2021 at 10:14 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 12/30/2004

Rule 3301-32-04 | Indoor and outdoor health and safety.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) School buildings shall not be required to undergo additional building code inspections or to have structural modifications for use as school child care programs.

(B) Programs not conducted in school buildings may not be licensed until it has been ascertained that such use conforms to local codes and ordinances, and until the premises have passed inspection by:

(1) A fire marshal. The premises shall have been inspected by the fire marshal holding local jurisdiction and any changes required by the fire marshal have been completed before children may occupy the premises. A floor plan of the area used by the program must be submitted electronically to the department; and

(2) A building official. Local building authorities having jurisdiction over the premises shall be satisfied with building code compliance and documentation kept on file. Any required changes shall be made before the program may occupy the space.

(C) Both the scheduled and completed dates of the annual fire inspection shall be documented and maintained by the program.

(D) The governing body is responsible for ensuring that the above inspections are carried out and any needed modifications to program facilities are made. Documents verifying these inspections and any changes or reconstruction carried out pursuant to the official's requirements shall be available for inspection by the program. If any person has reasonable cause to believe that a potential hazard exists, he/she may request a re-inspection.

(E) Program sites shall provide a minimum of thirty-five square feet of indoor primary space per child. When space is used concomitantly with other groups, only the actual portion of space available for the school child program shall be classified as primary space that may be used in the calculation of the square footage for primary space.

(F) Additional space used for short periods of time are not required to meet the thirty-five square feet per child requirement.

(G) Upon making application for licensure, site plans for each program shall be filed with the department and shall specify the location and dimensions of the following:

(1) Primary space;

(2) Additional space; and

(3) Outdoor play space as required by this rule.

(H) If additional children are to be added at a program site and the result is that more children will be in attendance at the site than the license capacity permits, a new site plan shall be submitted to and approved by the department prior to opening the program for that increased number of children.

(I) Safe indoor and outdoor environments free of hazards shall be maintained as follows:.

(1) Safe handling and storage of hazardous materials and the appropriate disposal of bio-contaminants:

(a) Blood spills are to be treated cautiously and decontaminated promptly. Disposable vinyl gloves are to be worn during contact with blood or bodily fluids which contain blood, such as vomit or feces in which blood can be seen.

(b) Surfaces contaminated with blood or bodily fluids containing blood are to first be cleaned with hot, soapy water, and then sanitized with an appropriate bleach solution which is prepared on a daily basis, according to product guidelines, or other acceptable disinfectant solution which is environmental protection agency (EPA) rated as hospital disinfectant with a label claim for mycobactericidal activity.

(c) Disposal of materials that contain blood are to be kept in a sealable, leakproof plastic bag or double bagging in plastic bags that are securely tied.

(d) Non-disposable items, such as clothing that contain blood, are to be placed in a sealable, leakproof plastic bag or double bagged in plastic bags that are securely tied and sent home with the child.

(e) Sharp items used for procedures on children with special care needs, such as lancets for finger sticks or syringes, are to be kept in a disposable container called a "sharps container." This is a container made out of durable, rigid material which safely stores the lancets or needles until the parent can take them home for disposal. Sharps containers are to be stored out of the reach of children.

(2) Children may use cleaning supplies with adult supervision.

(3) Furniture, equipment, and supplies shall be appropriate to the age and size of the children who use them.

(4) Equipment and furniture must be without sharp corners, splinters, or loose and/or peeling paint containing lead. Corrective action will be issued for any loose and/or peeling paint that may contain lead.

(5) Areas used by children must be free from debris, loose or peeling paint or wallpaper, crumbling plaster, holes in walls, floors, or ceilings, or litter. Rugs must have nonskid backing or be firmly attached to the floor and be free from wrinkles, tears, or edges that interfere with walking.

(6) The program facility must be cleaned daily, including cleaning and sanitizing of toilets and table tops.

(J) Safe outdoor play space totaling not less than sixty square feet for each child using the space at any one time, shall be regularly available and scheduled for use, unless the program operates for less than three hours per day.

(1) The surface of the outdoor play space shall be well drained and offer protection from falls.

(2) The play space shall be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials and other debris.

(3) The play area shall be well defined to protect children from traffic, animals, or other hazards.

(4) The program shall provide equipment for materials that promote large muscle development in adequate amounts for the group size. Outdoor equipment is to be stable, free of rust, cracks, holes, splinters, sharp points, edges, protruding bolts or tripping hazards. Equipment is to be age appropriate and not include openings that may cause body part entrapment.

(5) A shaded area is to be available. The shade may be naturally occurring from trees, buildings or overhangs.

(6) Play areas should be inspected at least once quarterly while the program is in operation and documentation kept on file for one year.

(7) Sandboxes are to be covered when not in use.

(K) Swimming pools, wading pools, and other bodies of water two or more feet in depth shall be fenced or otherwise made inaccessible to the children when adult supervision is not available.

(L) First aid supplies and directions for their use shall be readily available at all times the program is in operation and taken on all field trips. First-aid kits shall:

(1) Contain the appropriate supplies and be sufficient in number; and

(2) Be reviewed and replaced regularly by a staff member.

(M) Space for storage of equipment and children's personal belongings shall be available.

(N) Children shall have access to toilets, sinks, and drinking water at all times.

(O) A working phone must be within, or immediately accessible to the program's primary space and accessible to staff at all times. Program staff must be available to parents by phone during hours of program operation. Phone numbers for emergency services as may be locally appropriate must be posted in a visible location readily accessible to the appropriate program personnel in the area.

(P) The program shall provide a smoke free environment.

(Q) Handwashing is to occur in a handwashing sink which is a permanent fixture with running water, and which conforms to the Ohio plumbing standards of division 4101:3 of the Administrative Code.

(R) Each school child program shall have its license granted under section 3301.58 of the Revised Code and most recent compliance report and corrective action plan posted in a conspicuous place.

Last updated July 1, 2021 at 10:14 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 1/22/2010

Rule 3301-32-05 | Curriculum.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) A school child program shall have a written philosophy, goals, objectives, and daily plans that provide a balance to the academic emphasis of the regular school day.

(B) A school child curriculum shall address, but not necessarily be limited to, the following:

(1) Personal discipline;

(2) Social and emotional learning;

(3) Recreational skills; and

(4) Health and safety skills.

(C) A written school child curriculum shall be adapted to address individual needs, personal interests and developmental levels. Personal choice and self-initiated learning experiences shall be encouraged and supported in all curriculum planning. The program may offer, but not necessarily be limited to, the following list of recommended activities and projects:

(1) Creative construction;

(2) Group and individual reading of literature;

(3) Building and miniature imaginative play;

(4) Fine arts;

(5) Individual quiet space;

(6) Puzzles and table games;

(7) Science, math, and exploration;

(8) Dramatic play;

(9) Health, safety, and care of self;

(10) Active outdoor and indoor activities;

(11) Clubs, scouting, group sports, lessons, and/or special activities; and

(12) Field trips.

(D) A school child program shall provide activities, equipment, and materials that are developmentally and age appropriate and reflect heterogeneous, racial, gender, and cultural attributes.

(E) The school child curriculum shall be adapted to the needs of children with disabilities.

(F) Developmentally appropriate equipment, materials, and furnishings shall be available at each program site for the number and ages of children enrolled. Equipment and materials shall support the program goals, objectives, and activities identified in the daily plans.

Last updated July 1, 2021 at 10:16 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 12/30/2004, 1/22/2010

Rule 3301-32-06 | Child information.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) Medical examinations and records of immunizations shall not be required of children in a school child program who are enrolled in an accredited public, eligible nonpublic school, community school, or county board of developmental disabilities school.

(B) Individual child records shall be maintained, updated at least annually, and include, but not necessarily be limited to, the following:

(1) Registration information including, but not necessarily limited to, the following: childs name, date of birth, date of admission, parents name, home address, business address and telephone number where the parent can be reached during the time the child attends the program (if applicable) and/or procedures for reaching the parents, name of the school the child attends, and any special concerns such as dietary restrictions and allergies;

(2) Telephone numbers of three authorized person(s) to take the child from the program in the event of an emergency;

(3) Parental consent for first-aid, medication, and transportation to an emergency care facility;

(4) Name and telephone number of the childs physician, dentist, or other health care providers;

(5) Signed parental permission slip for administration of medication and log of medication administration;

(6) Information on any injury to the child. The program shall notify parents when their child is injured and the program shall maintain a log of such reports;

(7) Transportation plan that shall include parental designations of any authorized persons to take the child from the program;

(8) If a school district, county board of developmental disabilities, community school, or eligible nonpublic school policy permits, a transportation plan shall include mutual agreement and consent between the program coordinator and the childs parents allowing a school child to leave the school child care program for specific activities. The agreement shall specify, but not be limited to, the following:

(a) Childs destination; and

(b) Estimated time or arrival and departure, and the time period for which the agreement is valid.

(9) Information on special medical or health needs, allergies, dietary restrictions; and

(10) Attendance records.

(C) The school child program shall have written permission from the parent or guardian of a child before the child shall be permitted to swim or otherwise participate in water play activities in bodies of water two or more feet in depth. The written permission shall be signed and dated, and shall include the following:

(1) The childs name;

(2) Location of the swimming/water play site;

(3) A statement indicating whether or not the child is a swimmer; and

(4) That the parent or guardian grants permission.

Last updated July 1, 2021 at 10:17 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 12/30/2004

Rule 3301-32-07 | Snack and meal requirements.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) A program shall serve a nutritious snack as defined in rule 3301-32-01 of the Administrative Code to each child in attendance.

(B) The school child program shall develop policies and procedures for providing meals to children who are in attendance at the school child program through the hours of eleven a.m. and one-thirty p.m., inclusively.

(C) Programs that provide meals or snacks shall:

(1) Follow the policies and requirements of the school district, county board of developmental disabilities, community school or eligible nonpublic school. School district, county board of developmental disabilities, community school, or eligible nonpublic school food service personnel must review the program's menus and food preparation practices at least once annually.

(2) Serve varied and nutritious meals and snacks. Menus must be planned on a weekly basis at a minimum and posted in a conspicuous place where they can be reviewed by parents.

(a) The menus are to include all meals and snacks being served by the center with any substitutions noted at the time of the change.

(b) One hundred percent undiluted fruit or vegetable juice may be used to meet the fruit or vegetable requirement for meals or snacks.

(3) Both staff and children shall wash hands before food service. All program personnel involved during food preparation or service shall be trained in sanitary procedures.

(4) Provide for a child's special dietary needs as prescribed by the child's source of medical care or require the parent to provide the prescribed diet items that are not part of the program's menu plan.

(5) Keep in the child's record a list of the allergies suffered by the child in attendance of the program. All program personnel, including those in food service, shall be informed of these allergies.

(6) Provide safe drinking water throughout hours of program operation through a drinking fountain or single service cups. If drinking fountains are used, there is to be sufficient water pressure so that the childs mouth does not come in contact with the water dispensing mechanism.

(7) Serve food that is developmentally appropriate in size, amount and texture

(8) Provide for the safe storage of all food.

(9) Not have screens (television, computer, etc.) on during meals and snacks.

(10) Programs that are sponsors of any of the United States department of agricultures (USDA) child nutrition programs are to additionally comply with the nutritional requirements of the United States department of agriculture, food and nutrition service (Code of Federal Regulations, Title 7, Parts 210 {May 2000}, 220 {May 2000} and 226 {November 1984}).

(D) Programs that allow or require parents to provide food for meals or snacks shall:

(1) Provide parents with written nutritional information and have a copy of this written nutritional information on file at the program.

(2) Have provisions for safe storage of parent provided food.

(3) Ensure that no child goes more than four hours without at least a snack if a child does not bring food for the day.

Last updated July 1, 2021 at 10:17 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 1/22/2010

Rule 3301-32-08 | Management of communicable disease.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) A person trained to recognize the common signs of communicable disease or other illness as required by paragraph (L) of rule 3301-32-02 of the Administrative Code, shall observe each child daily as the child enters the group.

(B) A child with any of the following signs or symptoms of illness shall be isolated immediately. Decisions regarding exclusion from the program either immediately or at some later time in the day shall be determined by the program coordinator or team leader and the parent(s).

(1) Diarrhea (three or more loose stool in a twenty-four-hour period) if reported;

(2) Severe coughing, causing the child to become red or blue in the face or to make a whooping sound;

(3) Difficult or rapid breathing;

(4) Yellowish skin or eyes;

(5) Redness of the eye or eyelid, thick and purulent (pus) eye discharge, matted eyelashes, burning, itching or eye pain;

(6) Temperature of one hundred degrees Fahrenheit taken by the auxiliary method when in combination with other symptoms;

(7) Untreated infected skin patch(es);

(8) Unusually dark urine and/or grey or white stool if reported;

(9) Stiff neck with an elevated temperature;

(10) Evidence of untreated lice, scabies, or other parasitic infestation;

(11) Sore throat or difficulty in swallowing; or

(12) Vomiting more than one time or when accompanied by any other sign or symptom of illness.

(C) While isolated, the child shall be:

(1) Isolated in a room or portion of a room not being used in the school child program;

(2) Within sight or hearing of a staff member;

(3) Made comfortable in a warm, safe environment. All linen and blankets used by an ill child shall be laundered before being used by another child, and cots or recovery/nurse station bed, shall be disinfected; and

(4) Observed carefully for worsening condition.

(D) Notifying, when aware of diagnoses, all parents when children enrolled are exposed to a communicable disease during program time; and

(E) Access to the Ohio department of health's poster "communicable disease chart" (jfs.ohio.gov) for staff reference.

Last updated July 1, 2021 at 10:17 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 6/22/2015

Rule 3301-32-09 | Discipline.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) The program shall have a written discipline policy describing the program's philosophy and restrictions as listed in paragraph (I) of rule 3301-32-09 of the Administrative Code of discipline and the specific methods of discipline used at the program. This written policy shall be on file at the program for review. Constructive, developmentally-appropriate child guidance and management techniques are to be used at all times, and shall include such measures as redirection, separation from problem situations, talking with the child about the situation, and praise for appropriate behavior. The programs written discipline policy is to comply with this rule, section 3319.46 of the Revised Code and rule 3301-35-15 of the Administrative Code.

(B) All school age child care staff members shall receive a copy of the program's discipline policy for review upon employment.

(C) The school child program shall provide in-service training to staff regarding the written discipline policy and procedures before the school child program begins and/or before staff members begin working with children.

(D) The parent of a child enrolled in a program shall receive the program's written discipline policy.

(E) A school age child care staff member in charge of a child or a group of children shall be responsible for their discipline.

(F) Discipline shall be constructive and educational in nature, and may include such measures as praise for appropriate behavior, diversion, talking with the child, and separation from problem situations.

(G) Exclusion from the school child program for disciplinary reasons shall be addressed in the policy and procedures.

(H) The program shall neither abuse nor neglect children, but shall protect children from abuse and neglect while in attendance at the school child program.

(I) The program's actual methods of discipline shall apply to all persons on the premises. In addition to the restrictions outlined in rule 3301-35-15 of the Administrative Code, the following apply:

(1) There shall be no cruel, harsh, or corporal punishment, or any unusual punishments such as, but not limited to, punching, pinching, shaking, spanking, or biting.

(2) Discipline shall not be delegated to a child.

(3) No physical restraints shall be used to confine a child by any means other than holding a child for a short period of time, so that the child may regain control.

(4) No child shall be placed in a locked room or otherwise confined in an enclosed area such as a closet, box, or similar cubicle.

(5) No child shall be subjected to profane language, threats, derogatory remarks about himself/herself or his/her family, or any other verbal abuse.

(6) Discipline shall not be imposed on a child for failure to eat or sleep, or for toileting accidents.

(7) Techniques of discipline shall not be intended to humiliate, shame, or frighten a child.

(8) Discipline shall not include the withholding of food, rest, or toilet use.

(9) Separation shall be brief in duration, and age and developmentally-appropriate. The child shall be within sight and hearing of a school child care staff member, and in a safe, lighted, and well-ventilated space.

(10) A staff member who suspects that a child has been abused or neglected is to immediately notify the public children services agency in accordance with section 2151.421 of the Revised Code and a serious incident report is to be completed and submitted to the department within twenty-four hours.

(J) The parent of a child enrolled in a program is to receive the programs written discipline policy. The program is to communicate and consult with the parent prior to implementing a specific behavior management plan. This plan will be consistent with this rule and in writing and signed by the parent.

Last updated July 1, 2021 at 10:18 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 12/30/2004, 1/22/2010

Rule 3301-32-10 | Policies and procedures, recordkeeping, and administration.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) The program shall develop and maintain written program policies and procedures that are consistent with the policies and procedures of the school district board of education. Such written policies and procedures shall include, but not necessarily be limited to, the following:

(1) Program curriculum as required in rule 3301-32-05 of the Administrative Code;

(2) Ages of children served;

(3) Hours and days of operation;

(4) Admission and registration;

(5) Fees and payment, if applicable;

(6) Enrollment of children with disabilities, including consultation with special education staff to make any needed program modifications;

(7) Maintenance of staff/child ratios and supervision plans. Written supervision plans may include the following options:

(a) Children may run errands or use the restroom without direct adult supervision in the area designated for the programs use by the site plan if the children are within hearing of a staff member, a staff member knows the whereabouts of the children at all times, and a staff member checks on the children every five minutes; and/or

(b) Children in kindergarten grade and higher in groups of two or more may be without direct adult supervision in the area designated for the programs use by the site plan if the children are within sight or hearing of a staff member in adjoining or adjacent space, a staff member knows the whereabouts of the children at all times, and a staff member checks on the children every five minutes and documents the observation; and/or

(c) When a group of children are outdoors, a staff member shall be able to summon another adult without leaving the group alone or unsupervised. A school child in fourth grade or older may leave the group to summon an adult.

(8) Discipline as required in rule 3301-32-09 of the Administrative Code and exclusion of children for disciplinary reasons, if applicable;

(9) Staff/parent communication and parent involvement, including information for parents about the program and its services, discussing their children's needs and progress, and procedures for addressing parent complaints;

(10) Procedures for preparing, handling, and serving food, and washing food, utensils, and equipment for meals and snacks, including requirements for meals, if served, as required in rule 3301-32-07 of the Administrative Code;

(11) Provision of a meal and/or snack to children who come to the program without a meal and/or snack to ensure that all children are provided with a meal and/or snack.

(12) Handling and/or exclusion of ill children and reporting communicable diseases, which includes, but is not limited to, the following:

(a) Training of staff members on signs and symptoms, handwashing, and disinfecting equipment and materials;

(b) Isolating and excluding an ill child;

(c) Caring for a mildly ill child.

(13) Nonprescription and prescription medication shall be administered in accordance with program policies and procedures and only with written permission of a parent. Only employees who are health professionals or who have completed drug administration training may administer medication pursuant to section 3313.713 of the Revised Code;

(a) All prescription medicine must be current within the last twelve months, kept in its original container, and have a legible label containing the childs name and written instructions for use from a licensed physician, nurse practitioner, or dentist. Medication shall be stored in a designated locked storage place, except that drugs that require refrigeration may be kept in a refrigerator not accessible to children. An inhaler or nonprescription medication may be available to a school child with a special health condition with parental permission in accordance with the programs policy.

(b) Except in cases of emergency, parents shall give the first dose of any newly prescribed medication so that they may personally observe the childs reaction.

(14) Emergency action in case of fire, homeland security, severe weather, medical, dental, and other emergencies. General emergencies include any threats to the safety of children due to environmental conditions or threats of violence, natural disasters such as fire, tornado, flood, and loss of power, heat, or water;

(a) All staff shall have training and annual reviews of that emergency plan; and

(b) Children shall have drill practice at least once per quarter during the school year and at least once during a summer program to demonstrate appropriate procedures and appropriate behavior in accordance with the programs written policy and procedures during an emergency regarding the rooms where the program is provided.

(15) Recording and reporting of accidents;

(16) Release of children to authorized individuals and continuity of care;

(a) A school child program shall provide a written plan for communication between the program and the kindergarten through grade twelve system and identify public and nonprofit entities with whom they may cooperate for programming.

(b) With mutual agreement of the parent(s) or guardian and the school child program, school children may be permitted to leave the school child program for specific activities.

(17) Recording and reporting of absences, no shows, and missing persons;

(18) Transportation arrangements to and from the program;

(19) Transportation for field trips and obtaining parent permission including provision for children who may not attend the field trip;

(20) Child data privacy provisions;

(21) Reporting child abuse or suspicions of child abuse or neglect as required by section 2151.421 of the Revised Code to the local children's protective service agency. The school child program shall neither abuse nor neglect children, but shall protect children from abuse or neglect while in the program's care;

(22) Parent participation regarding program design and evaluation, including how input will be considered by program administrators;

(23) Use of volunteers; and

(24) Nondiscrimination in providing services to children and their families on the basis of race, religion, cultural heritage, political beliefs, disability, or marital status.

(B) Program policies and procedures shall be given to all parents at the start of the school year or at the time of enrollment; to staff prior to working with the children, and to other persons upon request.

(C) Personnel policies and procedures shall include, but not necessarily be limited to, the following:

(1) Staff members shall be recruited and employed, without discrimination on the basis of age, color, national origin, race, sex or disability;

(2) The terms of employment shall include, but not necessarily be limited to, the following: job descriptions, staff qualifications, wages, benefits, probation, grievance procedures, performance evaluation, resignation, and termination;

(3) Procedures for checking references of potential employees;

(4) Required orientation and in-service training;

(5) Use of volunteers; and

(6) Staff data privacy provisions.

(D) Personnel policies shall be available to staff and other persons upon request.

(E) Individual staff records shall be maintained.

(F) Each school child program shall submit reports to the department of education or the school district as requested.

Last updated July 1, 2021 at 10:18 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 1/22/2010, 6/22/2015

Rule 3301-32-11 | Licensure and monitoring.

• Effective: July 1, 2021
• Promulgated Under: 119.03

(A) All school districts, county boards of developmental disabilities, community schools and eligible nonpublic schools accepting state or federal funds specifically for school child care and/or child day care pursuant to Chapter 5104. of the Revised Code shall be licensed. School districts, county boards of developmental disabilities, community schools and eligible nonpublic schools not accepting state or federal funds specifically for child day care, but who wish to obtain a license for a school child program, shall file an application with the department in accordance with sections 3301.58 and 3301.59 of the Revised Code.

(B) An electronic application for a license shall be submitted by the governing body to the department in accordance with section 3301.58 of the Revised Code at least thirty days prior to the proposed open date and if receiving funding; prior to children attending. A complete application includes the following documents submitted with the application for the physical location of the program:

(1) A current fire inspection in accordance with section 3301.55 of the Revised Code;

(2) A valid food license or a valid food license exemption from the local health department having jurisdiction or from the Ohio department of health; and

(3) If the program is not conducted in a school building, documentation of building approval in accordance with section 3301.55 of the Revised Code.

(C) A license or provisional license is valid only for the licensee, the address, and capacity for each school child program site designated on the license.

(1) Prior to any change in the address of the program site or license capacity designated on the license, the licensee shall electronically submit an amendment request for the proposed change.

(2) Upon approval of the proposed change, an amended license shall be issued by the department.

(D) Upon the filing of an application for an initial license, the department shall investigate and inspect the school child program to determine whether the requirements of sections 3301.52 to 3301.59 of the Revised Code and Chapter 3301-32 of the Administrative Code are met.

(E) The department shall determine that the school child program site is in compliance with all applicable requirements by examination of the following:

(1) The completed application;

(2) The program's physical plan through on-site inspection and proposed operational format at the time of initial application or renewal application; and

(3) Any other documentation as required by Chapter 3301-32 of the Administrative Code.

(F) When, following the investigation and inspection, the department has determined that all requirements have been satisfied, the department shall issue a provisional license for a period of not more than twelve months from the date of approval of the license. Within the twelve-month provisional period, the program shall be inspected at least once by the department to determine whether the requirements of sections 3301.52 to 3301.59 of the Revised Code and Chapter 3301-32 of the Administrative Code are being met. If the program's operation is judged to be in compliance and has met all requirements prior to the end of the twelve-month period, the provisional license shall be amended to regular licensure at the end of the provisional period.

(G) The governing body responsible for the programs operation is responsible for securing and maintaining a license for the facility in which it operates.

(1) If all the children in the program are relocated to a new facility, the governing body is responsible for notifying the department by completing a "Change of Location" request at least thirty days prior to the relocation and prior to the children attending.

(a) If the new facility is not currently licensed by the department, a "Change of Location" request is to be filed at least thirty calendar days prior to the relocation and prior to children attending.

(b) If the new facility is currently licensed for the governing body by the department for preschool, a "Change of Capacity" request is to be completed before the existing license will be amended.

(2) If an organization will no longer be responsible for operating a preschool program, they are to submit a closure request.

(3) The services, months, days, and operating hours of the program are to be maintained in the Ohio child licensing and quality system.

(H) Each program shall be inspected at least once during every twelve-month period of operation, which may be unannounced. Inspections may be viewed online via the childcare search website. An individual may submit a written request to the department for a copy of the programs licensing record.

(I) When a program is out of compliance with the requirements of Chapter 3301-32 of the Administrative Code, the department shall electronically notify the program contacts of the alleged violations. The corrective action plan for the violations shall be electronically submitted by the deadline. A request for review of a licensing non-compliance may be filed with the department within seven business days of receiving a compliance report.

(J) On-site verification may be conducted to review progress regarding the correction of deficiencies.

(K) The following are identified as "serious risk" violations of a license due to the great risk of harm to children:

(1) Children left unsupervised pursuant to the requirements of this chapter, or left unattended outside of a facility building;

(2) Children left unattended on a field trip or in a vehicle, or transportation policies not followed;

(3) Falsified information is submitted that puts children at risk;

(4) Program fails to report suspected abuse/neglect/endangering;

(5) Administration of medication procedures do not meet the requirements of this chapter, or medication is dispensed to the wrong child or the wrong dosage is administered;

(6) Substantiated public childrens services agency finding of abuse or neglect for any staff member;

(7) Use of prohibited disciplinary techniques in accordance with rule 3301-32-09 and rule 3301-35-15 of the Administrative Code;

(8) Employee refuses to be fingerprinted and remains employed, or a person remains employed when they are not eligible for employment;

(9) Swimming activity takes place without a life guard, or a life guard is used to count in the ratio, or a swimming site is accessible to children without staff supervision, or swimming activity takes place in lakes ponds and rivers;

(10) Weapons or ammunition are on the premises without proper approval in accordance with Chapter 2923. of the Revised Code and/or accessible to children;

(11) The department or representatives of the department are denied access to conduct a rule compliance review pursuant to this chapter;

(12) A child or children are not protected from harm which results in a serious incident or injury.

(L) The following are identified as "serious injuries":

(1) Death of a child at the program;

(2) A child receives a bump or blow to the head that requires first aid or medical attention;

(3) An incident, injury, or illness that requires the school to close, 911 to be called or a child to be removed by the parent for medical treatment, professional consultation; or

(4) An unusual or unexpected incident which jeopardizes the safety of a child or employee of the program.

(M) Any program with serious risk violations or incidents or serious injuries shall report the violation or incident or serious injury to the department within twenty-four hours and provide documentation of corrective action as required by the department.

(N) If the department revokes a license or refuses to renew a license of a school district, county board of developmental disabilities, community school, or eligible nonpublic school, it shall not issue a license to the facility within five years from the date of revocation of a license or refusal to renew a license.

(O) All actions of the department with respect to licensing a school child program's facility, renewing a license, refusal to license or renew a license, and revocation of a license, shall be in conformity with sections 3301.57 and 3301.58 and Chapter 119. of the Revised Code.

(1) Those licensing actions, which shall be afforded the right to an administrative hearing, include the following:

(a) The proposal to deny an initial or standard license;

(b) The proposal to revoke an existing license, be it provisional or a standard license; or

(c) The proposal to deny a standard license at the expiration of a provisional license.

(2) Those licensing actions that are of an administrative nature shall not be afforded the right to an administrative hearing. These actions include rejection of any application for licensure for procedural reasons such as, but not limited to, incomplete submission, use of an invalid form, failure to make information available to the department, or failure to make information available during an inspection.

(P) A request for an administrative hearing pursuant to Chapter 119. of the Revised Code and Chapter 3301-32 of the Administrative Code shall be submitted to the department of education's office of early learning and school readiness, and shall be considered to have been made as of the date received.

(Q) The department may deny or revoke a license, or refuse to renew a license, if it is determined that the applicant knowingly made a false statement on the application, does not comply with the requirements of Chapter 3301-32 of the Administrative Code.

(R) The department shall investigate and may inspect any licensed school child program upon receipt of any complaint that the program is out of compliance with the requirements of sections 3301.52 to 3301.59 of the Revised Code or Chapter 3301-32 of the Administrative Code.

(1) The investigation of complaints alleging serious life, health, or safety risks shall be initiated within twenty-four hours of receipt of the report.

(2) The investigation and appropriate action on all other complaints shall commence within five working days of the receipt of the report.

(S) The department shall complete a report for each complaint at the conclusion of the investigation summarizing all allegations, the results of the investigation, and the expectations for correction of any confirmed violations. A copy of the record, with confidential information deleted, shall be provided to any person who submits a written request to the department. The licensing record shall include, but not be limited to, complaint investigation documents. Neither the disposition report nor the summary letters required by this rule shall disclose the results of investigations of abuse or neglect conducted by the local public children services agency.

(T) The surrender of a license to the department or the withdrawal of an application for licensure by a school district, county board of developmental disabilities, community schools, or eligible nonpublic school shall not prohibit the department from instituting any of the actions set forth in this rule.

Last updated July 1, 2021 at 10:19 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53, 3301.58
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 6/22/2015