Tenn. Comp. R. & Regs. 1240-04-01-.22 - SPECIFIC REQUIREMENTS FOR CHILD CARE CENTERS

(1) Required Adult:Child Ratios.

(a) Adult:child ratios in this paragraph shall be maintained by the child care agency while the children are on the premises of the child care agency, including outdoors or on the playground.

(b) Adult:Child Ratio Requirements for Child Care Centers.

1. Adult:child ratios and group sizes in child care centers may exceed requirements set by the rule of the Department of Human Services by up to ten percent (10%), rounded to the nearest whole number, no more frequently than three (3) days per week.

(i) At no time shall the licensed capacity be exceeded.

(ii) Infant and toddler groups may never exceed the required ratios and group sizes.

(iii) The Department may terminate this variance in individual cases under provisions for issuance of a restricted license pursuant to T.C.A. § 71-3502.

(iv) Child care centers that use the variance may, at the Department's discretion, be required to obtain fire approval prior to enrolling additional children.

2. When more than twelve (12) children are present on the premises, a second adult shall be physically available on the premises.

(c) Child Care Ratio and Group Size Charts.

1. Chart 1 - Age Grouping.

Age of Children	Adult:Child Ratio	Maximum Group Size
Six (6) weeks - Fifteen (15) months	1:4	8
Twelve (12) - Thirty (30) months	1:6	12
Twenty-four (24) - Thirty-five (35) months	1:7	14
Three (3) years	1:9	18
Four (4) years	1:13	20
Five (5) years	1:16	20
School-age	1:20	No Max

2. Chart 2 - Age Grouping.

Age of Children	Adult:Child Ratio	Maximum Group Size
Six (6) weeks - Thirty (30) months	1:5	10
Two (2) - Four (4) years	1:8	16
Two and one-half (21/2) -Three (3) years (Thirty (30) - Forty-seven (47) months)	1:9	18
Two and one-half (21/2) - Five (5) years	1:11	20
Two and one-half (21/2) - Twelve (12) years	1:10	10
Three (3) - Five (5) years	1:13	22
Four (4) - Five (5) years	1:16	24
Five (5) - Twelve (12) years	1:20	No Max

3. Chart 3 - Allowable Combined Grouping and Adult:Child Ratio Chart for first/last hour and one-half (1/2) of each day only:

Age of Children	Adult:Child Ratio	Maximum Group Size
Two and one-half (21/2) - Five (5) years	1:10	10
Three (3) - Twelve (12) years	1:15	15
Four (4) - Twelve (12) years	1:20	20

(d) Assignment of Children to Groups.

1. Each child shall be on roll in a defined group and assigned to that group with a specific educator(s).

2. Maximum group size requirements, as established in subparagraph (c) above, shall be maintained at all times with the exception of meals served in common dining rooms, napping in common nap rooms, or outdoors on the playground.

3. Infants shall have a separate space and shall never be grouped with children older than thirty (30) months of age.

4. Extended Care. Children age thirteen (13) months and older may be grouped together while sleeping in overnight care.

5. Children shall be kept with the same group throughout the day.

6. Children shall not be promoted to a new group until required based upon the age and developmental needs of the child.

7. Groups excluding infants and toddlers may be combined for short periods for a special activity (e.g., special assembly, visiting performers or community helpers, etc.) of no more than sixty (60) minutes duration per day as long as adult:child ratios are met.

8. Pre-school and school-age groups may be combined for up to one and one- half (11/2) hours at the beginning of the day and for up to one and one-half (11/2) hours at the end of the day as set forth in Adult:Child Ratio Chart 3 in 1240-04-01-.22(1)(c) 3.

9. Groups of children may never be mixed as part of the regular routine or operation.

Exception: Pre-school and school-age groups may be mixed based upon emergencies, holidays or low attendance days.

10. Child care agencies shall define grouping for each classroom.

(e) Each group shall have a designated classroom with enough space for the entire group.

(f) Child care centers shall provide written lesson plans for each group of children.

(g) When more than twelve (12) children in first grade and above are present, a separate educator, a separate group, a separate space, and a separate program shall be provided for them.

(2) Licensed Capacity of Physical Space.

(a) The maximum number of children who may be present inside a physical space, i.e., the child care agency's "licensed capacity", shall be determined in accordance with the minimum square footages set forth in this subparagraph.

(b) The Department may, in its discretion, and as determined to be reasonably necessary to maintain the health and safety of the children in care, restrict the child care agency's licensed capacity below the maximum set forth in these rules.

(c) A minimum of thirty (30) square feet of usable indoor play space shall be provided for each child in each classroom.

(d) Each nap room shall contain a minimum of thirty (30) square feet of floor space per child.

(e) Locations providing teen parenting, occupational/career, and technical education classes shall have a separate space for the group, with a minimum of thirty-five (35) square feet of usable play space per child that is apart from the classroom space for students. The designated separate space may be located in the same room and divided by movable barriers less than four (4) feet in height.

(f) The following are not counted toward required square footage:

1. Restrooms;

2. Halls;

3. Kitchen;

4. Office space; or

5. Any space used by cribs or large pieces of furniture.

(g) Rooms with sufficient floor space may be divided by a barrier at least four (4) feet in height for use by more than one (1) group if each area is adequately equipped and arranged and that each group shall have the security of a stable classroom space.

(h) Adequate Plumbing Facilities. The child care agency shall have the minimum number of functional toilets and hand-washing stations in accordance with the:

1. Requirements of any applicable local ordinances and regulations;

2. Proximity of the plumbing to the classroom(s); and

3. Ages of the children served.

(3) Meals and Snacks. Any person responsible for preparing meals or snacks shall not be included in the adult:child ratio while preparing meals/snacks or doing related tasks, such as washing dishes.

(4) Schedules and Routines. In an infant or toddler room with more than one (1) educator, each educator shall be responsible for providing consistent care for specific infants and toddlers. Consistent care includes, but is not limited to, planning and record keeping for the child, communication, general interaction with and routine care of the child.

(5) Interim Director. Following the issuance of a license, a child care center may operate without an on-site director for a period of no more than sixty (60) days total within the licensing year. A qualified person, as determined by the Department, shall be in charge in the interim.

Notes

Tenn. Comp. R. & Regs. 1240-04-01-.22

Original rules filed May 1, 2018; effective July 30, 2018. Amendments filed October 5, 2018; effective January 3, 2019. Amendments filed March 31, 2022; effective 6/29/2022.

Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(a)(5); 71-3-501, et seq.; and 71-3-502(a)(2).