Q & A: New Ratio and Group Size Regulations for 2-Year-Olds in a Child care center or group child care home

As of October 2024, OEC has new ratio and group size regulations for two-year-olds in a child care center or group child care home.

1. What are the new ratio and group size requirements for two-year-olds?

Programs must have at least one program staff member for every five (1:5) children who are
two years old in attendance. Group size shall not exceed ten for children who are two years
old. This applies both indoors and outdoors.

2. What if I have children younger than two in a classroom with two-year-olds?

When there is a mixed age group, the lower required ratio and group size for the age of the
youngest child prevails. For example, if a classroom has children ages eighteen and thirty
months, the program must ensure there is one program staff member for every four (1:4)
children with group size no larger than eight.

3. Do I need to notify OEC if my program wants to change to the new ratio for two-year-olds?

In most cases, yes. Many toddler classrooms only accommodate eight children based on
current ratio/group size requirements (one staff member for every four children under age
three with a group size of eight). Capacity for each classroom is determined based on having
35 square feet of usable space per child. Programs with enough space to accommodate more
than eight children over age two must submit a Notification of Change form to their Licensing
Specialist along with approval from local health and the fire marshal. The Specialist will
contact you to schedule a time to visit the program to measure the classroom(s) to ensure
there is enough room to warrant an increase in capacity. At times, zoning and building
approval may also be required if they’ve previously restricted the licensed capacity.
In some cases, programs may not have the space to increase the overall capacity in a
classroom. There may, however, be times when there are only five two-year-olds in a
classroom which now requires just one program staff member.

4. Do I need to notify the local health, fire, building, or zoning departments if my program wants to increase capacity in a two-year-old classroom?

Approval from local health and the fire marshal is required for any increases in capacity. At
times, zoning and building approval may also be required if they’ve previously restricted the
licensed capacity.

5. What if my room(s) has already been measured to meet the new ratio and group size requirements for two-year-olds?

Programs with documentation that rooms previously measured have enough square footage
per child (eg. 350 square feet for ten children) should submit such documentation to the OEC
along with a Notification of Change. In some cases, the OEC Licensing Specialist may be able
to approve a change in capacity without having to visit the program, however, this will be
reviewed on a case-by-case basis.

6. Does my program have to implement the new 1:5 ratio for two-year-olds?

No, that is the minimum requirement of the regulations. Many programs may choose to
continue operating under the previous ratio and group size requirement in consideration of
how a change from age group to age group and changing caregivers could impact young
children.

7. Does this apply to Group Child Care Homes?

Yes, group child care homes follow the same regulations regarding square footage
requirements, staffing, ratio and group size.

8. Does this change apply to Family Child Care Homes as well?

No. The new regulations only apply to child care centers and group child care homes.

9. During a licensing inspection, what will the OEC staff be looking for?

Licensing Specialists will count children and staff in each classroom to ensure proper ratio and
group size requirements are met. Please be prepared to provide documentation that children
in a classroom with a 1:5 ratio and group size of ten are at least two years old before moving
them to such a classroom. Remember, in a mixed age classroom, the youngest age of the
child prevails, and ratio and group size must be met accordingly.

10. How does this change impact my program’s ability to transition a child who is 2.9 into a preschool classroom?

A child care center or group child care home with a preschool endorsement may still
deem a child who is thirty-two to thirty-six months of age to be three years of age for
purposes of enrolling such child in a preschool program with written authorization from
the child’s parent and the director. Children for whom this applies may be cared for using
the preschool staff/child ratio of 1:10, where group size is no larger than twenty.

Last updated October 15, 2024