As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 279


Representative Foley 



A BILL
To amend section 3301.56 of the Revised Code with 1
respect to staff member to child ratios and 2
maximum group sizes when Montessori preschools 3
combine preschool-aged children and 4
kindergartners.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3301.56 of the Revised Code be 6
amended to read as follows:7

       Sec. 3301.56.  (A) The director of each preschool program8
shall be responsible for the following:9

       (1) Ensuring that the health and safety of the children are10
safeguarded by an organized program of school health services11
designed to identify child health problems and to coordinate12
school and community health resources for children, as evidenced13
by but not limited to:14

       (a) Requiring immunization and compliance with emergency15
medical authorization requirements in accordance with rules16
adopted by the state board of education under section 3301.53 of17
the Revised Code;18

       (b) Providing procedures for emergency situations, including19
fire drills, rapid dismissals, tornado drills, and school safety 20
drills in accordance with section 3737.73 of the Revised Code, and 21
keeping records of such drills or dismissals;22

       (c) Posting emergency procedures in preschool rooms and23
making them available to school personnel, children, and parents;24

       (d) Posting emergency numbers by each telephone;25

       (e) Supervising grounds, play areas, and other facilities26
when scheduled for use by children;27

       (f) Providing first-aid facilities and materials.28

       (2) Maintaining cumulative records for each child;29

       (3) Supervising each child's admission, placement, and30
withdrawal according to established procedures;31

       (4) Preparing at least once annually for each group of32
children in the program a roster of names and telephone numbers of33
parents, guardians, and custodians of children in the group and,34
on request, furnishing the roster for each group to the parents,35
guardians, and custodians of children in that group. The director36
may prepare a similar roster of all children in the program and,37
on request, make it available to the parents, guardians, and38
custodians, of children in the program. The director shall not39
include in either roster the name or telephone number of any40
parent, guardian, or custodian who requests that the parent's,41
guardian's, or custodian's name or number not be included, and42
shall not furnish any roster to any person other than a parent,43
guardian, or custodian of a child in the program.44

       (5) Ensuring that clerical and custodial services are45
provided for the program;46

       (6) Supervising the instructional program and the daily47
operation of the program;48

       (7) Supervising and evaluating preschool staff members49
according to a planned sequence of observations and evaluation50
conferences, and supervising nonteaching employees.51

       (B)(1) In each program the maximum number of children per52
preschool staff member and the maximum group size by age category53
of children shall be as follows:54

Maximum 55
Group Staff Member/ 56
Age Group Size Child Ratio 57
Birth to less than 12 months 12 1:5, or 2:12 if 58
two preschool 59
staff members 60
are in the room 61
12 months to less than 18 months 12 1:6 62
18 months to less than 30 months 14 1:7 63
30 months to less than 3 years 16 1:8 64
3-year-olds 24 1:12 65
4- and 5-year-olds not in school 28 1:14 66

       (2) When age groups are combined, the maximum number of67
children per preschool staff member shall be determined by the age68
of the youngest child in the group, except that when no more than69
one child thirty months of age or older receives child care in a 70
group in which all the other children are in the next older age71
group, the maximum number of children per child-care staff member72
and maximum group size requirements of the older age group73
established under division (B)(1) of this section shall apply.74

       (3) In a room where children are napping, if all the children 75
are at least eighteen months of age, the maximum number of 76
children per preschool staff member shall, for a period not to77
exceed one and one-half hours in any twenty-four hour day, be78
twice the maximum number of children per preschool staff member79
established under division (B)(1) of this section if all the80
following criteria are met:81

       (a) At least one preschool staff member is present in the82
room;83

       (b) Sufficient preschool staff members are present on the84
preschool program premises to comply with division (B)(1) of this85
section;86

       (c) Naptime preparations have been completed and the children 87
are resting or napping.88

       (4) Any accredited program that uses the Montessori method 89
endorsed by the American Montessori society or the association 90
Montessori internationale as its primary method of instruction and 91
is licensed as a preschool program under section 3301.58 of the 92
Revised Code may combine preschool children of ages three to five 93
years old with children enrolled in kindergarten. Notwithstanding 94
anything to the contrary in division (B)(2) of this section, when 95
such age groups are combined, the maximum number of children per 96
preschool staff member shall be twelve and the maximum group size 97
shall be twenty-four childrenconsistent with the accreditation 98
standards of the society or association.99

       (C) In each building in which a preschool program is operated 100
there shall be on the premises, and readily available at all 101
times, at least one employee who has completed a course in first 102
aid and in the prevention, recognition, and management of103
communicable diseases which is approved by the state department of104
health, and an employee who has completed a course in child abuse105
recognition and prevention.106

       (D) Any parent, guardian, or custodian of a child enrolled in 107
a preschool program shall be permitted unlimited access to the108
school during its hours of operation to contact the parent's,109
guardian's, or custodian's child, evaluate the care provided by110
the program, or evaluate the premises, or for other purposes111
approved by the director. Upon entering the premises, the parent,112
guardian, or custodian shall report to the school office.113

       Section 2. That existing section 3301.56 of the Revised Code 114
is hereby repealed.115