(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
			 individual's 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 program's
		  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 department's 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, physician's 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
			 individual's 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
| AgeGroup | Staff Member/ChildRatio | Maximum GroupSize | 
| Birth to less than12 months | 1:5 or 2:12 if twopreschool staff members are in the room | 12 | 
| 12months to less than 18 months | 1:6 | 12 | 
| 18months to less than 30 months | 1:7 | 14 | 
| 30months to less than 3 years | 1:8 | 16 | 
| 3years | 1:12 | 24 | 
| 4 year olds and 5 year olds not in kindergarten orschool | 1:14 | 28 | 
(b) Special education classrooms
| AgeGroup | Staff Member/ChildRatio | Maximum GroupSize | 
| 3 year old, 4 yearold and 5 year old children not in kindergarten or school | In accordance with section 3323.022 of the RevisedCode | 15 children (max of 8 childrenwith a disability) | 
(c) Integrated classroom
| AgeGroup | Staff Member/ChildRatio | Maximum GroupSize | 
| 3 year old, 4 yearold and 5 year old children not in kindergarten or school | In accordance with section 3323.022 of the RevisedCode | 16 children (max of 8 childrenwith 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.