Application of the 1:50 person responsible ratio

Operational guidelines: Regulation 44 (1)(d)(ii)

Education (Early Childhood Services) Regulations 2008, Regulation 44 – New Zealand Legislation

These guidelines will help home-based ECE services understand how to meet the requirements of regulation 44 (1)(d)(ii).

Regulation 44 (1)(d)(ii) requires that, at all times while children attend the service, there is 1 person responsible for every 50 children.

This means that every licensed home-based service must have 1 person responsible, often called the coordinator or visiting teacher, for every 50 children attending at any one time. For services with 51 to 100 children attending there must be 2 persons responsible.

Establishing a new home-based service

Any service applying for a licence to operate a home-based ECE service must provide evidence of anticipated or expected enrolments with their application.

Where there is evidence of less than 50 anticipated enrolments, the licence maximum will be set at 50 child places (or less, as required in the circumstances). The service provider will be required to name 1 person responsible for this licence.

Where there is evidence of greater than 50 anticipated enrolments, and/or that there will be at least 51 children attending at any one time, the service provider must show evidence of meeting the requirement for 2 persons responsible.

Existing home-based services

All service providers take responsibility for ensuring all licensing requirements are met, including the 1:50 person responsible requirement.

Person responsible observation of each educator and child

Operational guidelines: Regulation 28(2)(c)

Education (Early Childhood Services) Regulations 2008, Regulation 28 – New Zealand Legislation

These guidelines will help home-based ECE services understand how to meet the requirements of regulation 28(2)(c). They were developed in consultation with representatives of the home-based ECE sector and replace previously published information on this topic.

Regulation 28(2)(c) requires the person responsible (Co-ordinator/ visiting teacher) to take all reasonable steps each month to observe each child participating in the service while that child is receiving education and care.

This means persons responsible/s are expected to have monthly face-to-face contact with all educators and children enrolled in the service. Observations of the child should primarily occur during a child’s enrolled hours in the home in which the child is enrolled for education and care. This ensures that, in addition to assessing the provision of education and care, the coordinator can check the home is a safe environment that is being maintained to meet licensing standards. The best way to achieve this is by visiting the home regularly.

Note: Regulation 28(2)(c) must be read alongside other regulations and licensing criteria that further describe a service's or person responsible/s responsibilities. Regulations to note:

• 28(2)(a): Person responsible (Co-ordinator/ visiting teacher) to contact each educator engaged in the service at least once every 2 weeks.
• 28(2)(b): Person responsible (Co-ordinator/ visiting teacher) to visit each educator at least once per month.
• 28(2)(c ) take all reasonable steps each month to observe each child participating in the service while they are receiving education and care 
• 28(3): notes 28(2) doesn’t apply during any period when the service is closed for a fortnight or longer.
• 3(c): definition of person responsible and their responsibilities.
• 43: Curriculum standard.
• 44(1)(d)(i): The person responsible must supervise children and educators at all times children attend the service and
• 47: Governance, management, and administration standard.
• 62(1): A person responsible for a licensed home-based education and care service must take all reasonable steps to observe, support, and provide guidance on the implementation of the prescribed curriculum framework by the service and keep records of these activities; and provide professional development to educators on a regular basis and keep records of any such activity.

What happens during a Person responsible's visit to observe a child

The Person responsible (Coordinator / visiting teacher) observes each child at the service focusing on each child as an individual. They consider how the child interacts with the educator and the other children, the delivery of education and care by the educator, and the specific learning and developmental needs of the child. They note the educator’s practice and offer them support as needed in relation to that child.

For this reason, it is important that the visits are scheduled for each child during their normal days and hours of enrolment, while under the care of their regular educator, and when the child is awake and engaged in the activities being provided by the educator.

The educator will continue to actively supervise all children present during the visit.

Person responsible visits outside children’s normal enrolment hours

Persons responsible (Co-ordinator / visiting teacher) cannot observe children outside their normal enrolment hours. Therefore, their hours of work must align with the enrolment hours of the children under their supervision.

Regularity of Person responsible observations

The Persons responsible (Co-ordinator / visiting teacher) must take all reasonable steps to observe each child once every month.

How services meet the intent of "all reasonable steps" will be determined by their specific contexts. As a general guide, "reasonable" steps for the Persons responsible (Co-ordinator / visiting teacher) to take to observe a child each month might include:

• The Persons responsible (Co-ordinator / visiting teacher) prearranges a date and time to visit a child during the child’s normal hours of enrolment when they are likely to be awake.
• On the morning of the scheduled visit, the Persons responsible (Co-ordinator / visiting teacher) phones the educator to check the child is attending.
• If the child is present, the scheduled visit goes ahead.
• If the child is absent or access to the home is prevented (for example, by severe weather conditions), then the visit should be rescheduled for another day in that week or the following week. It is good practice to keep records of visits and any reason for rescheduling.

Dealing with persistent child absence

If the rescheduled visit does not occur due to another absence by the child or access issues, a visit should be arranged for the following week. Occasionally a visit cannot take place.

However, if a child is persistently absent, and the Person responsible (Co-ordinator, / visiting teacher)has taken all reasonable steps to observe the child without success, then the service provider should discuss with the child’s parents whether enrolment at the service is still needed.

Observations during holiday periods

Persons responsible (Co-ordinator / visiting teacher) can find it difficult to meet this monthly observation requirement during the Christmas and summer holiday period when children’s attendance at a service can be irregular. However, if the service is operating over the summer break (generally late December to mid-January), then they must continue to take all reasonable steps to observe each child once during the weeks when they are in attendance on either side of the holiday period. If the service is closed for 3 weeks over the Christmas holidays, they would be expected to observe each child in either December or January.

Sleeping children

If the child is unexpectedly asleep when the Persons responsible (Co-ordinator / visiting teacher) arrives, they can use the time while at the house to ensure other regulatory requirements, such as health and safety practices, are being met. Another visit to the child must be rescheduled for the following month.

Where Person responsible visits take place

Persons responsible (Co-ordinator / visiting teacher) visits must take place primarily in the home in which the child is enrolled for education and care. This applies to all homes, including those in rural and remote locations.

There are some occasions in which it is acceptable to observe a child in an alternative location.

Person responsible visits outside the home setting

Sometimes there can be value in observing a child and educator away from the home setting, for example at playgroups. However, services must note the following conditions:

1. Persons responsible (Co-ordinator / visiting teacher) must not conduct more than 2 observations outside the home per 12-month period, and these should not occur 2 months in a row. They must visit the child in the enrolled home setting in between. Observations outside the home can occur in addition to the home visit for any given month.
2. The Persons responsible (Co-ordinator / visiting teacher) and educator must agree in advance there is a sound pedagogical reason for observing a child outside the home.
3. The off-site setting must be appropriate for children. The educator must be able to deliver education and care to both the child being observed and the other children in their care, while at the same time engaging with the Person responsible for professional development support purposes. A cafe, for example, would not be suitable. If the observation is to take place at a playgroup, neither the educator nor the Persons responsible (Co-ordinator / visiting teacher) can run the playgroup. It must be run by someone else

Documenting Person responsible observations

The Persons responsible (Co-ordinator / visiting teacher) must be able to provide evidence of both having visited children at the home-based services under their supervision, and that the visits were planned.

The Persons responsible (Co-ordinator / visiting teacher) should keep detailed notes of their observations of the child. Any regulatory issues they note during the visit must also be recorded.

If a visit has not been achieved, then this should be documented with an explanation and a description of their other attempts to see the child.

The rationale for observing a child outside the home must be recorded.

Documentation can take a variety of forms, including some or all of the following:

• the Persons responsible (Co-ordinator / visiting teacher) schedule of planned visits (spreadsheet, diary and so on)
• the Persons responsible (Co-ordinator / visiting teacher) notes taken during the visit
• and a written account of the visit in the child’s profile book or in a note to the parents.

Service provider documentation for Regulation 28(2)(c)

The home-based ECE service provider is responsible for ensuring their Persons responsible (Co-ordinator / visiting teacher) meet the requirements of Regulation 28(2)(c). They should have a documented policy or procedure that sets out their expectations of the Persons responsible (Co-ordinator / visiting teacher) in meeting the regulations and how they will be monitored.