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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3301-37 | Child Day-Care Programs

 
 
 
Rule
Rule 3301-37-01 | Definitions.
 

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

(B) "Advanced practice registered nurse" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner under Chapter 4723. of the Revised Code.

(C) "Alignment" means the coherence and correlation of the curriculum and assessments to standards.

(D) "Career Pathways Model" has the same meaning as in section 5104.01 of the Revised Code.

(E) "Class" means a group of children enrolled in the preschool program.

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

(G) "Crib" means a full sized crib or porta crib that meets the federal standards located at 16 CFR 1219.1 to 1220.2 (June 2011, cpsc.gov) and is appropriate to the size of the child.

(H) "Curriculum" means an organized framework that describes those components of developmentally appropriate practice necessary to support optimum development and learning including the following:

(1) Classroom environment;

(2) Concepts and skills in all content areas and developmental domains;

(3) Learning experiences;

(4) Instructional strategies to help children achieve their goals; and

(5) Assessment processes to inform instruction to monitor progress.

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

(J) "Developmentally appropriate" means curriculum, instruction, environments, and age-appropriate activities that reflect the cognitive, social, and emotional level of the learner and also includes the unique abilities or characteristics of a learner or group of learners including learners with disabilities, unique ethnic and/or cultural characteristics, and unique life experiences.

(K) "Director" has the same meaning as in section 3301.52 of the Revised Code. In addition, "Director" means the lead teacher, elementary principal or site administrator who is the individual on-site and is responsible for supervision of a preschool program, and may be used to meet child-to-staff ratio.

(L) "Early learning program and development standards " means the department's framework for preschool programs to address outcomes and goals considered essential for children's learning and health development as referenced in section 5104.29 of the Revised Code.

(M) "Education Management Information System" (EMIS) is a statewide data collection system for Ohios primary and secondary education, including demographic information, attendance, course information, financial data, and test results.

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

(O) "Facility" means a building that is owned or leased and operated by the school district, educational service center, joint vocational school, career technical school, county board of developmental disabilities, community school, or eligible nonpublic school and has been approved by a municipal, township, or county or state building department for the purpose of operating a program for preschool children.

(P) "First aid training" means a course provided by an approved health organization as determined by the department.

(Q) "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.

(R) "Group size" means the number of children assigned to a lead teacher in a classroom.

(S) "Hand washing facility" means a permanent-type fixture with running water (i.e. sink service) which conforms to the requirements of the "Ohio plumbing code" as established in division 4101:3 of the Administrative Code.

(T) "Head Start" means a federally funded school readiness program for children ages birth to five from low-income families. Head start provides comprehensive services that support childrens growth and development. Head start programs include licensed programs that receive head start funding as a grantee, delegate, partnership, or collaboration.

(U) "Individualized Education Program" (IEP) means an individualized education program as developed in accordance with rule 3301-51-07 of the Administrative Code.

(V) "Infant" means a child who is less than eighteen months of age.

(W) "Lead teacher" means a person hired to guide and instruct a class of preschool children enrolled in the program and who may supervise the preschool program. All references to "head teacher" in Chapter 3301. of the Revised Code have the same meaning as "lead teacher."

(X) "Non-ambulatory child" means any child who is unable to leave a building unassisted under emergency conditions; unable to walk forward or backward unassisted; unable to go up or down steps without help; and/or dependent upon mechanical aids such as crutches, walkers, and wheelchairs.

(Y) "Ohio Professional Registry" (OPR) is an online professional development tool for Ohios early childhood and afterschool professionals.

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

(AA) "Policies" mean principles governing the operation of the preschool program. Policies shall be established and adopted by the program's governing body.

(BB) "Preschool child" has the same meaning as in section 3301.52 of the Revised Code.

(CC) "Preschool child with a disability" has the same meaning as in section 3323.01 of the Revised Code.

(DD) "Preschool program" has the same meaning as in section 3301.52 of the Revised Code.

(EE) "Preschool staff member" means a preschool employee whose primary responsibility is care, teaching, or supervision of preschool children and who is used to meet child-to-staff ratio requirements.

(FF) "Procedures" means an administrative course of action specified in writing.

(GG) "Public school" means a school operated by a board of education of a city, county, exempted village, local, joint vocational school district, a county board of developmental disabilities, community school, or an educational service center governing body.

(HH) "Publicly funded" means any funding received from the department of education and/or the department of job and family services to operate a preschool program.

(II) "School-age child" means a child who is kindergarten or age six and of compulsory school age according to the entry date determined by the school district in section 3321.01 of the Revised Code.

(JJ) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

(KK) "Volunteer" means an adult not counted in the child-staff ratio.

Last updated July 1, 2021 at 10:32 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 9/25/2010
Rule 3301-37-02 | Compliance and investigation.
 

(A) Boards of education intending to establish a preschool must demonstrate a need for a preschool program. No school district board of education, county board of developmental disabilities, educational service center, community school or eligible nonpublic school shall operate, establish, manage, conduct or maintain a preschool program, including head start, without a license issued under sections 3301.52 to 3301.59 of the Revised Code and this chapter of the Administrative Code.

(B) "All Education Management Information System" (EMIS) reporting entities that have been issued a license to operate a preschool program are to report all preschool students being educated by the entity as outlined in section 3301.0714 of the Revised Code using guidelines established by the department.

(C) Programs operated by a county board of developmental disabilities for children under the age of three are not required to be licensed through the department of education. Programs operated by a county board of developmental disabilities for preschool children age three and older are required to be licensed.

(D) The requirements for the application to operate a preschool are as follows:

(1) Completion of an electronic application to the department.

(2) Submission of the application at least thirty days prior to the proposed open date and prior to children attending.

(3) Submission of the following documents:

(a) Building approval in accordance with section 3301.55 of the Revised Code.

(b) A current fire inspection in accordance with section 3301.55 of the Revised Code.

(c) A valid food license or a valid food license exemption from the local health department having jurisdiction or from the Ohio department of health.

(E) The governing body responsible for the preschool program's operation shall be responsible for securing and maintaining a license for the facility in which the preschool program operates.

(1) If all the children in the program are relocated to a new facility, the governing body shall be 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 must be completed at least thirty calendar days prior to the relocation and prior to the children attending.

(b) If the new facility is currently licensed for the governing body by the department for preschool, the governing body is responsible for completing a change of capacity request before the existing license will be amended.

(2) An organization that will no longer be operating a preschool program is responsible for submitting a closure request to the department.

(3) A program is responsible for maintaining the services, months, days and operating hours of the program in the "Ohio Child Licensing and Quality System" (OCLQS).

(F) Programs will receive at least one unannounced on-site inspection in a twelve month period. All visits may be unannounced at the discretion of the department.

(G) Data collected during a licensing inspection may be used in other inspections conducted by the department with regard to specific program performance standards.

(H) Records and reports related to the program shall be submitted as requested by the department.

(I) Publicly funded programs must achieve a "Step Up to Quality" rating as defined under section 5104.29 of the Revised Code.

(J) The most recent written compliance reports shall remain posted in a conspicuous place near the posted program license until the next compliance report is received from the department. 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. A request for review of a licensing non-compliance may be filed with the department within seven business days of receiving a compliance report.

(K) All complaints and reports concerning the operation of programs regulated by this chapter of the Administrative Code and sections 3301.52 to 3301.59 of the Revised Code, shall be reported to the office of early learning and school readiness.

(L) All actions of the department with respect to licensing a preschool program, refusal to license or revocation of a license, shall be in conformity with sections 3301.57 and 3301.58 and Chapter 119. of the Revised Code.

(M) The department may deny or revoke a license in accordance with section 119.07 of the Revised Code if the applicant knowingly makes a false statement on the application, does not comply with the requirements of this chapter of the Administrative Code, or has pleaded guilty or been convicted of an offense described in section 3301.541 of the Revised Code.

(N) If the department revokes a license or refuses to renew a license, the program or fiscal agent shall not be issued a license within two years from the date of revocation of a license or refusal to renew a license.

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

(1) Child is left unattended inside or outside of facility/building;

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

(3) Falsified information is submitted to the department;

(4) Program fails to report suspected abuse, neglect, or endangerment;

(5) Medication is dispensed to the wrong child or the wrong dosage is administered;

(6) Use of prohibited disciplinary techniques in accordance with rule 3301-37-10 and rule 3301-35-15 of the Administrative Code;

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

(8) An 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 lifeguard or a lifeguard is used to count in ratio, swimming site is accessible to children without staff supervision, or swimming activity takes place in a lake, pond, or river;

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

(11) The department or its representatives are denied access to conduct a compliance review pursuant to Chapter 3301-37 of the Administrative Code.

(12) Child(ren) are not protected from harm which resulted in a serious incident or injury.

(P) Any serious risk violation described in, but not necessarily limited to this rule, as reviewed by the department at its discretion may result in any of the following:

(1) Denial of a license application or approval for a non-expiring or continuous license;

(2) Revocation of a license;

(3) Reduction or removal of a quality rating; or

(4) Loss of funding.

(Q) 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.

(R) Any program with serious risk or serious injury, violations or incidents shall report the violation or incident within twenty-four hours to the department and submit a corrective action plan on the departments request.

Last updated July 1, 2021 at 10:32 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 6/25/2009
Rule 3301-37-03 | Program.
 

(A) A written philosophy and goals shall give direction to the program and shall provide a basis for daily operation that shall address the needs, interests, and abilities of each child through quiet and active play.

(B) A written curriculum shall be adopted which describes developmentally appropriate activities, learning environment, and approaches which meet the individual needs of the children and is aligned at the domain level to the early learning and development standards adopted by the state board of education.

(C) ) The program's daily schedule for each age group shall include a balance of both quiet and active play, throughout the day which shall meet intellectual, physical, social, and emotional needs of each child through indoor and outdoor activities. The written daily schedule shall be reflected in actual observation of the program.

(D) A program serving preschool children for more than five hours per day shall have a nap/rest period reflected in the daily written schedule. Nap/rest periods shall not exceed one and one-half hours.

(E) The program is to comply with rule 5101:2-12-20 of the Administrative Code.

(F) Children's developmental progress shall be reviewed and reported to parent(s) at established intervals. All reporting shall be according to established procedures of the program's governing board. A conference involving the teacher and parent shall be held at least twice a year.

(G) The program shall have on file and provide to each parent a parent handbook that will encourage parental participation and keep parents informed about the program's operations, services and policies, including notifying parents of early and periodic screening, diagnosis and treatment (EPSTD) as well as developmental screening services available under section 619 and Part C of Individuals with Disabilities Education Act (IDEA). The handbook shall include information to advise parents how to obtain copies of inspection reports of the program and how to file a complaint.

Last updated July 1, 2021 at 10:33 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: 7/3/2014
Rule 3301-37-04 | Staff.
 

(A) All preschool staff members shall be recruited, employed, assigned, evaluated, and provided in-service education in accordance with adopted governing board policies and without discrimination on the basis of age, color, national origin, race, sex, or handicap.

(B) All preschool staff members assigned in each preschool class shall be of good character, possess adequate physical and emotional health, be equipped by education, training, and/or experience for the work they are to perform, and meet the requirements as prescribed in division (B) of section 3301.54 of the Revised Code.

(C) The director shall be onsite at the preschool program at least half of the program's operating hours and responsible for the following:

(1) Ensuring that the health and safety of the children are safeguarded by an organized program of school health services designed to identify child health problems and to coordinate school community health resources for children as evidenced by, but not limited to, the following:

(a) Requiring immunizations and compliance with emergency medical authorization requirements under section 3313.712 of the Revised Code;

(b) Providing procedures for emergency situations, including fire drills, rapid dismissals, tornado drills, and school safety drills in accordance with section 3737.73 of the Revised Code, and keeping records of such drills or dismissals;

(c) Posting emergency procedures in preschool rooms and making them available to school personnel, children, and parents;

(d) Posting emergency numbers by each telephone;

(e) Supervising grounds, play areas, and other facilities when scheduled for use by children; and

(f) Providing first-aid facilities and materials.

(2) Maintaining cumulative records for each child;

(3) Supervising each child's admission, placement, and withdrawal according to established procedures;

(4) Preparing a roster of children enrolled annually;

(5) Ensuring that clerical and custodial services are provided for the program;

(6) Supervising the instructional program and daily operation of the program; and

(7) Supervising preschool staff members.

(D) The director of the preschool program shall:

(1) Hold a valid educator license designated as appropriate for teaching or being an administrator in a preschool setting issued pursuant to section 3319.22 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college;

(2) Meet the appropriate qualifications pursuant to section 3301.54 of the Revised Code; and

(3) Be responsible for the duties outlined in section 3301.56 of the Revised Code.

(4) A director employed to direct a program operated by an eligible, nontax-supported, nonpublic school shall be considered to meet the requirements of this rule if they hold a valid teaching certificate issued in accordance with section 3301.071 of the Revised Code.

(E) The director is responsible for completing training on relevant state and federal licensing rules as prescribed by the department.

(F) Each class/group in a preschool program shall have assigned a lead teacher in accordance with the following:

(1) A public school preschool general education class as defined in rule 3301-51-11 of the Administrative Code shall have a lead teacher that meets one of the following during instructional time:

(a) Valid prekindergarten teaching certificate issued under section 3319.22 of the Revised Code; or

(b) Valid prekindergarten associate license issued under section 3319.22 of the Revised Code; or

(c) Valid kindergarten-primary certificate issued under section 3319.22 of the Revised Code and have completed at least four courses in child development or early childhood education from an accredited college, university, or technical college; or

(d) A bachelor's degree in child development or early childhood education earned from an accredited college or university with a minimum of thirty quarter or twenty semester hours in child development/preschool program planning and methods including a supervised practicum with preschool children; or

(e) An early childhood license pursuant to section 3319.22 of the Revised Code.

(f) The lead teacher cannot serve as the intervention specialist of record for children with a disability.

(2) A public school preschool special education class as defined in rule 3301-51-11 of the Administrative Code, operated by a public school or a county board of developmental disabilities shall have an intervention specialist classroom teacher that meets one of the following during instructional time:

(a) A valid license or education of the handicapped certificate with an endorsement in pre-kindergarten special needs or early education of the handicapped issued pursuant to section 3319.22 of the Revised Code;

(b) A valid early childhood intervention or primary intervention specialist license issued pursuant to section 3319.22 of the Revised Code;

(c) A valid supplemental or intervention teaching license in the area of pre-kindergarten special needs, early childhood intervention specialist, or intervention specialist in the areas of visually impaired or hearing impaired, if the children are visually impaired or hearing impaired; or

(d) A valid K-12 intervention specialist license issued pursuant to section 3319.22 or 3319.26 of the Revised Code and meets one qualification of a general education preschool lead teacher.

(3) A preschool program operated by an eligible nontax-supported, nonpublic school, shall have a lead teacher who is at least eighteen years of age who has a high school diploma or certification of high school equivalency issued by the state board of education or comparable agency or holds a valid teaching certificate issued in accordance with section 3301.071 of the Revised Code.

(G) Any individual who may have an assigned schedule with a preschool child (or group) or may be used to count in the ratio is obligated to have the following on file:

(1) Evidence that they are at least eighteen years of age or meet the requirements of section 3301.54 of the Revised Code;

(2) A high school diploma, GED or high school equivalency or applicable certification/licensure;

(3) Orientation training as prescribed by the department, completed within thirty days of the individuals start date;

(4) A signed non-guilty non-conviction statement on a prescribed form that is signed annually;

(5) A criminal record check 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; or

(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, 42 U.S.C. 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services and department licensed head start programs; and

(6) 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 dated on or before the first day of employment.

(H) Annual in-service training for preschool staff members is to be in one or more of the following areas:

(1) Child development or early childhood education;

(2) Ohio approved professional development training; or

(3) Health and safety.

(4) Annual refers to the school year, from July first to June thirtieth, or every twelve months from the date of hire for staff employed after the school year begins.

(I) It is the programs responsibility to ensure the following:

(1) Each staff member has completed and is current with an approved course for age-appropriate first aid and CPR in accordance with rule 5101:2-12-10 of the Administrative Code.

(2) A person who has completed and is current with an approved course to recognize the common signs of communicable disease or other illness will observe each child daily as they enter the group and be readily available at all times.

(3) In each building, to have readily available at all times at least one preschool staff member who has completed and is current with a child abuse recognition and prevention course based on an approved curriculum. The child abuse recognition and prevention curriculum used in the course may be consistent with requirements as established by section 3319.073 of the Revised Code or appear on the approved curriculum list posted on the departments website. Consistent with requirements as established by section 3319.073 of the Revised Code, such staff shall complete at least four hours of in-service training in child abuse recognition and prevention within two years of employment and every five years thereafter.

(4) Each class/group in a preschool program is to have at least one assigned lead teacher who meets the applicable requirements.

(J) Substitutes shall meet the following requirements:

(1) Evidence that they are at least eighteen years of age.

(2) Have at least a high school diploma or certification of high school equivalency issued by the state board of education or comparable agency.

(3) A medical statement signed by a licensed physician, physicians assistant, advanced practice registered nurse, or certified nurse practitioner that documents they are free of communicable disease and fit to work with children.

(4) Evidence of criminal record checks and five-year updates as follows:

(a) Evidence that meets 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; and

(b) Evidence that meets 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, 42 U.S.C. 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services and department licensed head start programs.

(5) Evidence on file that individuals in public school districts, county board of developmental disabilities, educational service centers and community schools have an appropriate substitute license as prescribed in section 3319.226 of the Revised Code.

(6) Evidence on file that staff listed on an IEP providing services for children with disabilities are qualified personnel as required in rule 3301-51-11 of the Administrative Code.

(7) Minimum requirements for the position for which they are substituting in accordance with section 3319.226 of the Revised Code.

(8) Orientation training as prescribed by the department, completed within thirty days of the individuals start date; and

(9) A signed non-guilty non-conviction statement on a prescribed form updated annually.

(K) Preschool staff employed part-time shall complete the in-service requirement based upon the percentage of time or full-time equivalency of their preschool assignment pursuant to section 3301.54 of the Revised Code.

(L) Preschool staff members licensed by the department shall complete ten annual clock hours, which may be part of the professional development plan in accordance with Chapter 3301-24 of the Administrative Code. Annual completion refers to the school year, from July first to June thirtieth.

(M) The training specified in paragraph (M) of this rule shall be provided by an approved trainer who shall have at least two years of experience specific to the subject area and possess one of the following:

(1) An associate or higher degree in child development or early childhood education, education, special education, speech language pathologist, home economics, nursing, nutrition, psychology, dental hygiene, or social work. Evidence of an associate or higher degree shall be a copy of a diploma, a transcript, or other written evidence accepted by the director as evidence of completion of at least ninety quarter credit hours or sixty semester credit hours from an accredited college, university, or technical college. The coursework shall include at least thirty-six quarter credit hours or twenty-four semester credit hours in courses in any of the subject areas listed in paragraph (J) of this rule; or

(2) A prekindergarten certificate or endorsement or early childhood license issued by the state board of education; or

(3) A license as a physician or registered nurse.

(N) A director and preschool staff member shall provide evidence of criminal record checks and five-year updates that meet:

(1) 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; or

(2) 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, 42 U.S.C. 9858 (CCDBG Act of 2014) for programs contracted to provide publicly funded child care services and department licensed head start programs. Documentation that reports and five-year updates are sent to the district or the department's office of educator licensure as required by section 3319.391 of the Revised Code shall be kept on file.

(O) The preschool staff member/child ratio must be maintained at all times.

(1) Sufficient individuals must always be physically present with the children to meet staff member/child ratio requirements in accordance with section 3301.56 of the Revised Code.

(2) No child shall ever be left alone or unsupervised.

(3) In each program the maximum number of children per preschool staff member and the maximum group size by age category of children shall be as follows:

(a) General education and co-taught classrooms

Age GroupStaff Member/Child RatioMaximum Group Size
Birth to less than 12 months1:5 or 2:12 if two preschool staff members are in the room12
12 months to less than 18 months1:612
18 months to less than 30 months1:714
30 months to less than 3 years1:816
3 years1:1224
4 year olds and 5 year olds not in kindergarten or school1:1428

(b) Special education classrooms

Age GroupStaff Member/Child RatioMaximum Group Size
3 year old, 4 year old and 5 year old children not in kindergarten or schoolIn accordance with section 3323.022 of the Revised Code15 children (max of 8 children with a disability)

(c) Integrated classroom

Age GroupStaff Member/Child RatioMaximum Group Size
3 year old, 4 year old and 5 year old children not in kindergarten or schoolIn accordance with section 3323.022 of the Revised Code16 children (max of 8 children with a disability)

(4) Preschool special education programs shall meet the child/staff ratio requirements of section 3323.022 of the Revised Code and rule 3301-51-11 of the Administrative Code.

(5) An intervention specialist classroom teacher will have a caseload of no more than eight preschool children with disabilities in any one class session. If a teacher is responsible for two half-day class sessions, no more than sixteen children with disabilities will be served by the teacher.

(P) Volunteers may be counted in the staff/child ratio if a BCII investigation is kept on file; however, a program shall ensure that such practice does not become routine.

(Q) A second adult shall be readily available at all times when seven or more children are present in the program. The second adult shall:

(1) Be available within the building used for the preschool program or in an adjacent outdoor area;

(2) Be able to be summoned by the preschool staff member without leaving the group alone or unsupervised;

(3) Be able to react in response to such summons so as to reduce risk to children during an emergency circumstance;

(4) Meet background check requirements as prescribed in rule 5101:2-12-09 of the Administrative Code and the Child Care Development Block Grant Act of 2014 (42 USC 9858) for programs contracted to provide publicly funded childcare services and department licensed head start programs.

(R) When age groups are combined for programming purposes the following requirements must be met:

(1) When age groups are combined, the maximum number of children per preschool staff member shall be determined by the age of the youngest child in the group, except that when no more than one child, thirty months of age or older, receives care in a group in which all the other children are in the next older age group, the maximum number of children per preschool staff member and maximum group size requirements of the older age group established in this rule shall apply.

(2) Any accredited program that uses the Montessori method endorsed by the American Montessori society (www.amshq.org) or the association Montessori internationale (www.montessori-ami.org) as its primary method of instruction may combine preschool children of ages three to five years of age with children enrolled in kindergarten. Notwithstanding anything to the contrary in division (B)(2) of section 3301.56 of the Revised Code, when such age groups are combined, the maximum number of children per preschool staff member shall be twelve and the maximum group size shall be twenty-four children.

(3) Preschool and school age groups may be combined at the beginning of the day or at the end of the day, when the total is twelve or fewer children.

(S) In a room where children are napping or resting, if all children are at least eighteen months of age, the maximum number of children per preschool staff member shall, for a period not to exceed one and one-half hours in any twenty-four-hour day, be twice the maximum number of children per preschool staff member established in paragraph (N) of this rule if all the following criteria are met:

(1) At least one preschool staff member shall be physically present in the room at all times during nap/rest time;

(2) The preschool staff member(s) assigned to a room where children are napping shall be responsible for the care and supervision of the children in the room and shall be able to summon other child-care staff members without leaving the room;

(3) There shall be enough preschool staff members readily accessible within the building in which the program is located to ensure that the maximum number of children per preschool staff member as required by paragraph (N) of this rule is met at all times; and

(4) Nap/rest-time preparation shall have been completed and all napping children shall be resting or sleeping on cots or mats.

Last updated July 1, 2021 at 10:33 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 5/28/2004, 6/25/2009
Rule 3301-37-05 | Facility.
 

(A) The program shall be located in a safe and convenient facility and space that accommodates the enrollment, supports child growth and development according to program objectives, and meets the requirements of section 3301.55 of the Revised Code. The space shall be for the exclusive use of the children enrolled in the preschool program when that program is in session.

(B) The program shall provide written documentation of an annual fire inspection and approval of the facility. Annually means within twelve calendar months of the previous fire inspection.

(C) A phone shall be available while the program is in session.

(D) The indoor space shall include not less than thirty-five square feet of usable, wall-to-wall, floor space for each child.

(1) Such floor space shall not include hallways, kitchens, storage areas, or any other areas not designated for the care of children.

(2) Bathrooms shall be included only if they are used exclusively by children enrolled in the program when the program is in session.

(3) Square footage, as detailed in section 3301.55 of the Revised Code, shall determine the maximum capacity or number of children that may be served in the space. Maximum group size shall not exceed the maximum capacity in any given space.

(4) Spaces meeting the required square footage per child may be defined by barriers to serve more than one class/group of children. Barriers shall be at least thirty-six inches in height, may be permanent or nonpermanent walls, bookcases, partitions or some similar device used to define the area.

(5) Electrical outlets are to be covered when not in use unless documentation is on file that the outlets are tamper resistant.

(6) The center is to be cleaned daily and kept in a sanitary condition at all times. Cleaning and sanitizing is not to take place while rooms are occupied by children, except for general cleanup activities such as sweeping, vacuuming, mopping and wiping off tables which are part of the daily routine.

(7) Smoking is prohibited on the premises.

(8) The public may use areas such as entry ways, hallways, bathrooms, and other areas normally available for public use if such access does not constitute a risk or hazard to the health and safety of the children in care.

(E) Safe play space, including both indoor and 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. Additionally, play spaces comply with the following:

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

(2) The play space, including both indoor and outdoor play space, shall be free of hazards such as, but not limited to, chipped and peeling paint containing lead, mold, peeling plaster, holes in the walls, broken glass, potholes, garbage, flammable materials and other debris. 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.

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

(4) Child staff ratios are maintained at all times in accordance with rule 3301-37-04 of the Administrative Code..

(5) Groups of children are supervised during the use of and traveling to and from the play area.

(F) Infants and toddlers shall be provided space apart from their sleeping quarters so that each child is allowed to sit, crawl, toddle or walk, and play safely and comfortably according to his/her stage of development.:

(G) Infants and non-ambulatory children eighteen months of age or older shall receive care in rooms approved for that use by local building, fire officials, and the department prior to use.

(H) Swimming pools, wading pools, and other swimming/wading sites shall be made inaccessible to the children when not in use. Additionally, swimming pools, wading pools, and other swimming/wading sites have the following requirements:

(1) Wading pools are filtered or emptied daily. Portable wading pools are sanitized daily or more often, if needed.

(2) The center supervises children at all times while a wading pool is in use and staff are able to clearly see all parts of the wading area.

(3) There is one lifeguard or water safety instructor certified by the "American Red Cross" or an equivalent water safety program present for every thirty-five children when children are involved in a water activity over eighteen inches in depth. If the lifeguard is a staff member, the lifeguard does not count in the staff/child ratio and additional staff would be needed in this scenario.

(I) Cribs are to be separated from infant play space by a safe and sturdy physical barrier which does not impair the ability to supervise infants by sight and hearing. Sight and hearing is when the preschool staff can see the infants in and out of their cribs and hear their sounds. The barrier provides for safe accessibility.

Last updated July 1, 2021 at 10:33 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 5/28/2004, 7/3/2014
Rule 3301-37-06 | Equipment and supplies.
 

(A) Indoor and outdoor play space shall contain furniture, materials and equipment of appropriate size and type to meet the intellectual, physical, social and emotional needs of the preschool children enrolled in the program. Material and equipment shall be:

(1) Maintained in a safe and sanitary condition; and

(2) Provided in quantities proportionate to the enrollment.

(B) Furniture, materials and equipment shall meet the safety and sanitation requirements of rule 5101:2-12-12 and rule 5101:2-12-13 of the Administrative Code. The following requirements shall also be met:

(1) Protective mats shall be placed under climbers;

(2) Space heaters shall not be used in any preschool program unless approved in writing by the building and/or fire official having jurisdiction in the area; and

(3) If electrical fans are used, they shall have protective coverings; shall not be easily tipped over; and shall be placed so that they are not hazardous to children.

(4) Cleaning and sanitizing supplies shall be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans and all other chemical substances are to be stored in a designated area in their original containers and/or clearly labeled.

(5) Safe handling and storage of hazardous materials and the appropriate disposal of bio-contaminants comply with the following:

(a) Blood spills are treated cautiously and decontaminated promptly. Disposable 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 first 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) The disposal of materials that contain blood are done by the use of a sealable, leakproof plastic bag or by double bagging in plastic bags that are securely tied.

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

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

(C) Play materials to be used in the program shall be arranged so that children may select, remove, and replace play materials with a minimum of assistance.

(D) Adequate and sufficient first-aid supplies shall be readily available at all times the program is in operation.

(E) One cot or mat shall be available for each child who remains more than five consecutive hours in the program.

(1) Each cot or mat, with individual bedding, shall be labeled in some manner as to who is assigned to use the cot and shall be for the exclusive use of each child between sanitation procedures.

(2) Cots, mats, and individual bedding shall be thoroughly cleaned with an appropriate germicidal detergent and regularly sanitized before assignment for use by another child.

(3) Cots and mats are to comply with rule 5101:2-12-20 of the Administrative Code.

(F) Cribs shall be provided in accordance with all of the following:

(1) Cribs shall meet the United States consumer product safety commission (CPSC) safety standards in accordance with 16 C.F.R. 1219.1 to 1220.2 (June 2011, cpsc.gov);

(2) Infants shall be placed in their cribs for sleeping, and shall not be allowed to sleep in car seats, swings, mesh cribs, playpens, bassinets of any type, or other equipment. If a medical condition exists where a child needs to sleep in equipment other than a crib, written permission shall be obtained and updated every six months from a physician and be kept on file for review;

(3) A crib shall be assigned only to children less than thirty-five inches tall. Children over thirty-five inches tall shall be assigned to use a cot;

(4) Each infant shall be provided with a separate crib.

(a) There shall be one crib available which meets the requirements of this rule for each infant.

(b) Each crib shall be labeled with each infant's name who is assigned to use the crib and shall be for the exclusive use of said child between sanitation procedures. Cribs shall be thoroughly cleaned with an appropriate germicidal detergent and regularly sanitized before assignment for use by another child.

(5) Cribs shall be spaced apart from each other by a minimum of two feet on all sides.

(6) The space between the mattress and the side of the crib or the end panels of the crib shall not exceed one and one-half inches.

(7) Each mattress shall:

(a) Be securely covered with a waterproof material which is not dangerous to children.

(b) Have a clean bottom crib sheet and top sheet and/or blanket which is changed at least weekly or more often as necessary. The sheets and blankets shall be changed whenever another child uses the crib.

(G) Potty chairs in the program shall be provided in accordance with all of the following:

(1) Potty chairs shall not be located in areas used for food preparation or serving or in areas not normally used for diaper changing or toileting.

(2) Potties shall be emptied, cleaned, disinfected, and rinsed with water after each use. The rinsing solution shall be disposed of into a toilet, not a sink.

(3) Disposable cloths used for cleaning potties shall be used once and disposed of in a plastic-lined covered receptacle. Reusable cloths shall be stored in an appropriate germicidal solution and held for laundering for no longer than one day.

Last updated July 1, 2021 at 10:34 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 6/25/2009
Rule 3301-37-07 | Policies and procedures.
 

(A) The program shall be guided by written policies of the board of education or governing body which are consistent with applicable statutory requirements contained in the Revised Code and rules adopted by the state board of education.

(B) Once a preschool program has been established by the board of education or governing body, the program is to develop polices and procedures for the operation of the program. Policies and procedures of the preschool program shall be in accordance with policies and procedures established and approved by the governing body or board of education.

(C) Each school district, educational service center, board of developmental disabilities, community school or eligible nonpublic school that operates a program shall assign responsibilities for implementing policies and procedures.

(D) Policies shall be appropriate for children enrolled in the program shall at a minimum include, but not be limited to the following:

(1) Staff, which at a minimum meets the requirements of rule 3301-37-04 of the Administrative Code; and

(a) Address staff awareness of each enrolled child's cumulative and health records required in rule 3301-37-08 of the Administrative Code; and

(b) Include procedures for checking references of potential employees.

(2) Cumulative records which at a minimum meets the requirements of rule 3301-37-08 of the Administrative Code;

(3) Developmentally appropriate program planning which at a minimum meets the requirements of rule 3301-37-03 of the Administrative Code; and

(a) Addresses developmentally appropriate materials and equipment;

(b) Addresses selection and use of developmentally appropriate materials, equipment, and resources that meet the intellectual, physical, social, and emotional needs of the preschool child.

(4) Health and safety procedures, in accordance with section 3301.56 of the Revised Code and, the following:

(a) Ensuring that the health and safety of the children are safeguarded by an organized program of school health services designed to identify child health problems and to coordinate school and community health resources for children, as evidenced by but not limited to:

(i) Requiring immunization records and compliance with emergency medical authorization requirements in accordance with rules adopted by the state board of education under section 3301.53 of the Revised Code;

(ii) Providing and posting procedures for emergency situations, including fire drills, rapid dismissals, and tornado drills in accordance with section 3737.73 of the Revised Code, and keeping records of such drills or dismissals;

(iii) Posting medical and dental emergency procedures in each preschool room and by each telephone and making such available to school personnel, children, and parents;

(iv) Posting emergency numbers by each telephone;

(v) Supervising grounds, play areas, and other facilities when scheduled for use by children; and

(vi) Procedures for providing written notification to parents on the day of the injury/incident, when a child is injured or a serious health/safety incident occurs and maintaining a log of all injury/incident reports.

(b) Providing first-aid facilities and materials.

(c) Fluoride supplements to be administered in accordance with section 3701.136 of the Revised Code.

(d) Prior to administering a prescription or nonprescription medication, food supplement, or medical food, the program shall ensure that:

(i) The written instructions of a licensed physician or licensed dentist as appropriate are on file.

(ii) Each time medication, medical food, or a food supplement is administered, a written record or log including dosage, date, and time shall be made. That record or log shall be kept on file for one year.

(iii) Only employees who are health professionals or who have completed a drug administration training may administer medication pursuant to section 3313.713 of the Revised Code.

(iv) Medication shall be stored in a designated locked storage place, except drugs requiring refrigeration shall be kept in a refrigerator not accessible to children. Emergency medication may be kept in an unlocked storage place as long as it is out of reach of children.

(v) Parent permission is needed for the application of topical products and lotions and is to be applied according to the manufacturers instructions.

(e) All preschool staff members shall wash their hands with soap and running water after each diaper change, or after assisting a child with toileting; after cleaning; after toileting; before preparing or eating food; before feeding any child; and when hands have been in contact with nasal or mucous secretions. Disposable towels or an air hand dryer shall be available at all times.

(f) Preschool program with swimming and water play activities in bodies of water two or more feet in depth, shall:

(i) 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. the written permission shall be signed and dated, and shall include the following:

(a) The child's name;

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

(c) That the parent or guardian grants permission for the child to participate in water activities.

(ii) The program shall provide enough preschool staff members to meet the requirements of rule 3301-37-04 of the Administrative Code at all times during swimming and water play activities.

(g) Swimming activities at sites other than the preschool program location, shall:

(i) Have preschool staff members shall always accompany and supervise children at swimming sites, including, but not limited to, public or private swimming pools,.

(ii) Swimming sites removed from the program shall be approved and supervised by local authorities.

(iii) 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 or an equivalent water safety program.

(iv) The program shall provide enough preschool staff members to meet the requirements of rule 3301-37-04 of the Administrative Code at all times during swimming and water play activities.

(5) Admission and attendance which at a minimum meets the requirements of:

(a) Supervising each child's admission, placement, transition, and withdrawal according to established procedures.

(b) Preparing at least once annually for each group of children in the program a roster of the name and telephone number of the child and of the child's parent and, on request, furnishing the roster for each parent.

(c) Preparing a similar roster of all children in the program and, on request, make it available to each parent with a child in the program.

(i) Securing from each parent a signed statement indicating whether such individual desires to be included in rosters prepared in accordance with this paragraph.

(ii) Ensuring that a roster is not furnished to any person other than a parent.

(6) Behavior management/discipline which at a minimum meets the requirements of rule 3301-37-10 of the Administrative Code;

(7) Management of communicable diseases which at a minimum meets the requirements of rule 3301-37-11 of the Administrative Code; and

(a) In each building in which a program is operated there shall be readily available at all times at least one preschool staff member who has completed a course approved by the state department of health (www.odh.ohio.gov):

(i) Age appropriate first aid;

(ii) Prevention, recognition, and management of communicable diseases; and

(iii) Age appropriate CPR.

(b) In each building in which a program is operated, there shall be readily available at all times at least one preschool staff member who has completed a child abuse recognition and prevention course based on an approved curriculum or an approved certification granting entity. The curriculum used in the course may be consistent with requirements as established by section 3319.073 of the Revised Code or appear on the approved curriculum or organization list posted on the department's website.

(c) Diapering, which at a minimum meets the requirements of rule 3301-37-12 of the Administrative Code.

(8) Transportation and field trips.

(9) Infants under twelve months old are to be placed on their backs to sleep unless the parent provides written documentation signed by the childs physician, for an alternative position. Infants who are able to roll from back to front and front to back are to be placed initially on their back for sleeping but allowed to remain in a position they prefer. All preschool programs are to comply with the Ohio department of health safe sleep procedures.

(E) Any parent of a child enrolled in the program shall be permitted unlimited access to the school during its hours of operation to contact his or her child, evaluate the care provided by the program, the premises, or for other purposes approved by the director. Upon entering the premises, the parent shall report to the school office.

(F) A preschool program serving a preschool child with a disability in a public school shall do so in accordance with Chapter 3301-51 of the Administrative Code.

Last updated July 1, 2021 at 10:34 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 5/28/2004
Rule 3301-37-08 | Child information.
 

(A) The parent shall provide, prior to the date of admission or not later than thirty days after date of admission, and every thirteen months from the date of examination thereafter, a medical statement affirming that the child is in suitable condition for enrollment in the program. "Prior to the date of admission" means:

(1) For children younger than three years old at the time of admission, the examination shall occur within six months prior to the date of admission;

(2) For children three years old or older at the time of admission, the examination shall occur within twelve months prior to the date of admission.

(3) A preschool child with a disability shall not be excluded from the program for lack of a medical statement until the team responsible for the individualized education plan (IEP) established pursuant to Chapter 3301-51 of the Administrative Code reconvenes; exclusion from the program until the IEP is revised may be a denial of a free, appropriate public education.

(4) The medical statement shall be provided by a physician, physician's assistant, clinical nurse specialist, or certified nurse.

(B) The program shall secure and have on file all required information no later than the first day of attendance unless otherwise required.

(1) The cumulative record of each child shall include but not be limited to:

(a) Name and date of birth;

(b) Name, address (home and/or business), and telephone number of parent(s);

(c) Names, addresses, and telephone numbers of two persons to contact in an emergency if the parent cannot be located;

(d) Name of persons(s) to whom the child can be released; and

(e) Parent authorization for transportation related to the program.

(f) Copies of any injury or incident reports.

(2) The health record of each child shall include but not be limited to:

(a) A statement signed by a licensed physician as required by paragraph (A) of this rule;

(b) Physician's or dentist's authorization and written instructions to administer prescription medication, medical food, modified diet, or fluoride supplement to a child enrolled in the program;

(c) Immunization record as required by section 3313.67 of the Revised Code, which record shall include immunizations required by section 3313.671 of the Revised Code;

(d) A list of any allergies and treatment for said allergies;

(e) A list of any prescription or nonprescription medications, food supplements, modified diets, or fluoride supplements currently being administered to the child;

(f) A list of any chronic physical problems and any history of hospitalization;

(g) A list of any diseases the child has had;

(h) Names and telephone numbers of physician and dentist in case of emergency; and

(i) Permission of parent for emergency medical and dental care and transportation as required by section 3313.712 of the Revised Code.

(C) The program shall maintain daily attendance records including admission and withdrawal.

(D) The program shall notify parents in writing within twenty-four hours when a child is injured and maintain a log of injury reports.

(E) The program is to comply with the Family Educational Rights and Privacy Act (FERPA, 20 USC 1232g) and its implementing regulations at 34 C.F.R. Part 99, section 3319.321 of the Revised Code, and section 5104.038 of the Revised Code.

(F) School districts with children who meet the definition of "homeless" under the McKinney-Vento Homeless Assistance Act (42 USC 11431 et seq.) are to comply with division (F)(13) of section 3313.64 of the Revised Code.

Last updated July 1, 2021 at 10:35 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 8/5/1988
Rule 3301-37-09 | School food services.
 

(A) The program shall be in compliance with section 3717.41 of the Revised Code.

(B) The program is not to allow screen time during meals and snacks.

(C) The program shall serve snacks and meals to children who attend four or more hours in accordance with all of the following:

(1) Snacks served shall be of quantity, variety, and quality in accordance with required daily allowance as prescribed by the U.S. department of agriculture meal patterns. If a child requires a modified diet that eliminates an entire food group, written instructions from a physician, physician assistant, clinical nurse specialist or certified nurse are to be obtained. To the extent possible, a familys preferred dietary preferences (i.e. vegetarian, vegan) should be accommodated.

(2) Reconstituted dry powdered milk shall be used only for cooking and shall not be used as a beverage.

(3) A choice from two of the groups listed below must be served for snack:

(a) Meat/meat-equivalent group;

(b) Bread/bread-alternatives group;

(c) Milk group; or

(d) Fruit; or

(e) Vegetable group.

(4) Parents may provide snacks and meals if they are provided information on nutritious snack choices and procedures are in place to ensure a child is provided food if a parent does not send snack or lunch for the day.

(5) The snack shall be served during the longest period between meals.

(6) Current menus for the entire week shall be posted in a conspicuous place and shall reflect all meals and snacks to be served by the program. Any substitute foods served shall be from the same basic food group and shall be recorded on the posted menu on the day the substitute food is served.

(D) Programs shall provide infant food and/or formula in accordance with all of the following:

(1) Infant food and/or formula provided by the parent shall be labeled with the child's name, date of preparation, and immediately refrigerated, except for unopened commercially prepared canned food or formula.

(2) If breast milk is provided by the parent or guardian, it shall be labeled with the child's name, date expressed, date of receipt, and shall be immediately refrigerated. Formula provided by the parent shall be labeled with the child's name, the date of receipt, and immediately refrigerated. Breast milk or formula shall not be stored for more than twenty-four hours. The unused portion of formula, breast milk, or food remaining in the container from which the infant has been directly fed shall not be reheated or served a second time and shall be discarded.

(3) Infant food and formula shall be prepared, stored, and served in a manner appropriate to the equipment use and the needs of each individual child according to his stage of development and in conformity with written instruction from the parent or physician in charge of the child.

(4) Breast milk or formula shall not be heated in a microwave oven.

(5) Food heated in a microwave oven shall be stirred or shaken during heating to avoid uneven heating.

(6) Infants shall be held or fed sitting up, and at no time should a bottle be propped.

(7) Programs that care for infants shall provide commercially prepared iron fortified formula to be used in the event that the parent does not provide a quantity of formula sufficient to meet the infant's daily requirement.

Last updated July 1, 2021 at 10:35 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 6/25/2009
Rule 3301-37-10 | Behavior management/discipline.
 

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

(B) The center shall have a written discipline policy describing the center's philosophy of discipline and the specific methods of discipline used at the center. This written policy shall be on file at the center 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 positive reinforcement for appropriate behavior. The centers 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.

(C) Behavior management/discipline policies and procedures shall ensure the safety, physical, and emotional well-being of all individuals on the premises. If suspension, expulsion, and removal policies exist, they are to be written in accordance with section 3313.66 of the Revised Code.

(D) The center'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, corporal punishment or any unusual punishments such as, but not limited to, punching, pinching, shaking, spanking, or biting.

(2) No discipline shall be delegated to any other 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 the child may regain control.

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

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

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

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

(8) Discipline shall not include withholding food, rest, or toilet use, and food shall not be used as a reward for behavior.

(9) Separation, when used as discipline shall be brief in duration and appropriate to the child's age and developmental ability, and the child shall be within sight and hearing of a preschool staff member in a safe, lighted, and well-ventilated space.

(10) The center shall not abuse or neglect children and shall protect children from abuse and neglect while in attendance in the preschool program.

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

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

(F) All preschool staff members shall receive a copy of the center's discipline policy for review upon employment.

Last updated July 1, 2021 at 10:35 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 6/25/2009
Rule 3301-37-11 | Management of communicable disease.
 

(A) A person trained to recognize the common signs of communicable disease or other illness shall observe each child daily as he enters a group. A "person trained to recognize the common signs of communicable disease" means any person trained in prevention, recognition, and management of communicable diseases as required by paragraph (D) of rule 3301-37-07 of the Administrative Code.

(B) The following precautions shall be taken for children suspected of having a communicable disease:

(1) The program shall immediately notify the parent or guardian of the child's condition when a child has been observed with signs or symptoms of illness.

(2) A child with any of the following signs or symptoms of illness shall be immediately isolated and discharged to his parent or guardian:

(a) Diarrhea (three or more abnormally loose stools within a twenty-four-hour period);

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

(c) Difficult or rapid breathing;

(d) Yellowish skin or eyes;

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

(f) Temperature of one hundred degrees Fahrenheit taken by the auxiliary method when in combination with other signs of illness;

(g) Untreated infected skin patch(es);

(h) Unusually dark urine and/or grey or white stool;

(i) Stiff neck with an elevated temperature;

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

(k) Sore throat or difficulty swallowing; or

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

(3) A child with any of the following signs or symptoms of illness shall be immediately isolated from other children. Decisions regarding whether the child should be discharged immediately or at some other time during the day shall be determined by the director and the parent or guardian. The child, while isolated at the program, shall be carefully watched for symptoms listed in paragraph (B)(2) of this rule as well as the following:

(a) Unusual spots or rashes; or

(b) Elevated temperature.;

(4) Programs shall follow the Ohio department of health's posted " communicable disease chart" for appropriate management of suspected illnesses.

(5) A child isolated due to suspected communicable disease shall be:

(a) Cared for in a room or portion of a room not being used in the preschool program;

(b) Within sight and hearing of an adult at all times. No child shall ever be left alone or unsupervised;

(c) Made comfortable and provided with a cot/mat or crib for infants. All linens and blankets used by the ill child shall be laundered before being used by another child. After use, the cots shall be disinfected with an appropriate germicidal agent, or, if soiled with blood, feces, vomit, or other body fluids, the cots shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent;

(d) Observed carefully for worsening condition; and

(e) Discharged to parent, guardian, or person designated by the parent or guardian as soon as practical.

(C) Each program shall have a written policy concerning the management of communicable disease. The policy shall include, at a minimum:

(1) The program's means of training all preschool staff in signs and symptoms of illness and in hand-washing and disinfection procedures;

(2) Procedures for isolating and discharging an ill child and policy for readmitting such child;

(3) Procedures for notifying the parent or guardian immediately when a child is exhibiting signs or symptoms of illness or has been exposed to a communicable disease; and

(4) Procedures regarding the care of a mildly ill child. "Mildly ill child" means a child who is experiencing minor common cold symptoms, but who is not exhibiting any of the symptoms specified in paragraph (B) of this rule or a child who does not feel well enough to participate in activities, but who is not exhibiting any of the symptoms specified in paragraph (B) of this rule.

(5) Procedures for notifying all parents of enrolled children when children are exposed to a diagnosed communicable disease such as pink eye, ringworm, chicken pox, or lice.

Last updated July 1, 2021 at 10:36 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 8/5/1988, 5/28/2004
Rule 3301-37-12 | Diapering.
 

(A) The changing of diapers for all non-toilet-trained children shall be handled in conformity with the following methods:

(1) The changing of diapers for all non-toilet-trained children shall occur in a space that contains a hand-washing facility. Handwashing facilities that are located elsewhere may be used if a program assures that children are safe and conditions are sanitary while toileting or being diapered.

(2) The program shall provide disposable gloves for diapering; however, the use of gloves or hand sanitizer does not preclude requirements for proper hand washing.

(3) If diapers are to be changed in a crib or at a central changing station, there shall be some separation material between the child and the changing surface. The material shall be discarded and replaced after each change. If the crib bedding becomes wet or soiled during the diaper change, it is to be replaced with clean bedding.

(4) If the diaper-changing station is soiled after the diaper change, it shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent. A child is not to be left unattended on the diaper changing station.

(5) Any product used during diaper changing on more than one child shall be used in such a way that the container does not touch the child. Any product obtained applied to a child shall be applied in such a manner so as not to contaminate the product or its container. Common containers shall be cleaned and disinfected with an appropriate germicidal agent when soiled.

(6) For the purpose of diapering, topical ointments and creams provided by parents shall include written instructions. Such instructions shall include the name of the ointment, cream, or lotion; name of the child; birth date of the child; date; and signature. Written instructions shall be valid for no longer than three months. Authorization for administration of the ointment, cream, or lotion may be cancelled by written request of the parent at any time.

(B) Storing of clean diapers shall be handled in accordance with the following methods:

(1) A clean supply of diapers stored in a specifically designated area shall be available at all times.

(2) Diapers or clothing used during diaper changing and brought from the child's home shall be stored in space assigned exclusively for each child's belongings. Soiled clothing and/or diapers shall be sent home daily.

(C) Storage and laundering of soiled diapers shall be handled in accordance with the following methods:

(1) Diapers or clothing soiled with fecal matter and sent home with a child need not be rinsed at the program facility, but may be placed directly into a container that can be sanitized or bag, sealed tightly, stored away from the rest of the child's belongings and out of the reach of children.

(2) Soiled diapers to be disposed of or cleaned by the program shall be placed in a common plastic-lined covered container which shall be emptied, cleaned, and disinfected with an appropriate germicidal agent daily or more frequently as needed. Diapers to be laundered at the program facility should be stored in an appropriate germicidal solution until laundered.

(3) Soiled diapers to be commercially laundered shall be held for pickup for laundering for no longer than seven days.

(4) Diapers to be laundered at home or by the program shall be held for laundering for no longer than one day.

(5) Soiled disposable diapers shall be discarded daily.

Last updated July 1, 2021 at 10:36 AM

Supplemental Information

Authorized By: ORC 3301.07, 3301.53
Amplifies: ORC 3301.52 to 3301.59
Five Year Review Date: 7/1/2026
Prior Effective Dates: 8/5/1988