Chapter 5101:2-17 | Step up to quality (SUTQ) rating system

Rule 5101:2-17-01 | "Step Up To Quality" (SUTQ): program standards.

• Effective: July 7, 2024
• Promulgated Under: 119.03

(A) What are the SUTQ definitions for the purposes of implementing Chapter 5101:2-17 of the Administrative Code?

(1) "Administrator" means the following:

(a) A child care center administrator as described in rule 5101:2-12-07 of the Administrative Code.

(b) A family child care provider as described in rule 5101:2-13-07 of the Administrative Code.

(c) A director as defined in rule 3301-37-01 of the Administrative Code.

(d) An administrator as defined in rule 3301-32-01 of the Administrative Code.

(2) "Approved related fields" means the following:

(a) Early childhood education teacher approved related fields include: early childhood education, child development, family studies, human ecology, human development, child and family community studies, elementary education, early intervention (ECE or special education), elementary, middle or secondary education, physical education, elementary intervention, and school counselor, or other degrees as approved by the Ohio department of children and youth (DCY).

(b) Approved related child development fields include psychology, and recreation management if twelve semester or eighteen quarter hours of child development coursework, with a grade of C or better from an accredited institution of higher education, is completed.

(3) "Assistant teacher" means a child care staff member who works under the supervision of a lead teacher. Assistant teachers may work independently in a lead teacher's absence, but for the majority of time the assistant teacher works directly with the lead teacher in the same space with the same children.

(4) "Child care staff" means:

(a) A child care center staff member as described in rule 5101:2-12-08 of the Administrative Code.

(b) A family child care provider staff member as described in rule 5101:2-13-08 of the Administrative Code.

(c) A preschool staff member and lead teacher as defined in rule 3301-37-01 of the Administrative Code.

(d) A staff member as described in rule 3301-32-03 of the Administrative Code.

(5) "Family child care provider" means:

(a) Licensed type A home provider.

(b) Licensed type B home provider.

(6) "Instructional time" means the time the group spends with the lead teacher each day, excluding nap or rest time.

(a) The lead teacher is to interact with children a minimum of three and one-half hours daily for at least half the days of each week the program operates.

(b) If a group requires two or more child care staff members to meet ratio, there is to be a lead teacher and an assistant teacher present. Co-lead teachers may be used to meet this requirement.

(c) The assistant or co-lead teacher is to meet this requirement the other days of the week.

(d) If a program or group operates less than three and one-half hours daily, the lead teacher is to be present for entire time the group is in session or entire time group operates.

(e) School-age programs are to have a lead teacher for the duration of either a total of three and one-half hours, the complete before school session, or the complete after school session. On non-school days, the program is to meet the three and one-half hour requirement as stated in paragraph (A)(7) to this rule.

(7) "Lead teacher" means the adult who has primary responsibility for the group of children. The lead teacher is to meet the three and one-half hour minimum instruction time daily, not including nap or rest, for more than half of the days in operation each week. The lead teacher is responsible for activity planning and implementing the curriculum and child assessment requirements related to the current rating.

(8) "Program" means any of the following licensed:

(a) Family child care provider.

(b) Child care center.

(c) Preschool program.

(d) School child program.

(9) "Substitute" means the following:

(a) A child care staff member who replaces an assigned staff member for fewer than ninety days.

(b) What if the substitute is providing care for more than ninety days?

The substitute is to become the lead teacher or assistant and meet the requirements of the lead or assistant pursuant to this chapter.

(B) What are the standards that are to be met to be awarded bronze, silver or gold?

(1) The program is to comply with the desk review and any on-site verification visit.

(2) Licensed programs are to meet all of the standards listed in appendix A to this rule for the rating requested at registration and maintain the standards on an ongoing basis.

View Appendix

Last updated July 8, 2024 at 12:11 PM

Supplemental Information

Authorized By: 5104.29
Amplifies: 5104.29
Five Year Review Date: 7/7/2029
Prior Effective Dates: 7/1/2009, 8/1/2010, 11/10/2011, 10/1/2013, 7/20/2014, 6/26/2016, 12/31/2016, 1/6/2019

Rule 5101:2-17-02 | "Step Up To Quality" (SUTQ): eligibility for registration.

• Effective: July 7, 2024
• Promulgated Under: 119.03

(A) Who may register to participate in SUTQ, Ohio's tiered quality rating and improvement system?

Any licensed program as referenced in paragraph (A)(8) of rule 5101:2-17-01 of the Administrative Code.

(B) Which programs are not eligible to register for a bronze, silver, or gold rating?

(1) A licensed program with a license in the revocation process.

(2) A licensed program with a currently suspended license.

(3) A licensed program with an active enforcement status.

(C) What are the requirements for a licensed program to be eligible for a bronze, silver, or gold rating?

The program is to do all of the following:

(1) Log onto the Ohio child licensing and quality system (OCLQS) at https://oclqs.my.site.comto electronically submit the rating registration.

(2) Comply with the desk review, including documents returned for revision, and with any on-site verification visit.

(3) Have children for whom the program is receiving compensation enrolled and attending the program at time of the on-site verification visit.

(4) Meet all of the program standards for the registered rating as listed in appendix A to rule 5101:2-17-01 of the Administrative Code including:

(a) Ensure that the administrators, lead teachers and assistant teachers complete and have verified their education and professional development through the Ohio professional registry (OPR) at https://www.occrra.org.

(b) Ensure the administrator on-site or family child care provider meets the educational requirements for professional development.

(c) Ensure staff roles, schedules and hire dates are accurate and that the staff are linked to the program prior to the registration and maintained in the OPR.

(d) Not falsifying any documentation required to meet the standards. Falsified documentation is to be cited in accordance with Chapters 5101:2-12, 5101:2-13, 3301-32 and 3301-37 of the Administrative Code.

(5) The center or family child care program is not to have an accumulation of twenty-four moderate and/or serious risk non-compliance points within the previous twelve months or for a preschool or school child program a six-point serious risk non-compliance .

(a) Moderate and serious risk non-compliances are listed in appendix A to rule 5101:2-12-03 of the Administrative Code for child care centers and appendix A to rule 5101:2-13-03 of the Administrative Code for family child care providers.

(b) Serious risk non-compliances are listed in rule 3301-37-02 of the Administrative Code for preschools and rule 3301-32-11 of the Administrative Code for school child programs.

(c) The accumulation of points are not to be within the previous twelve months prior to the registration date and between the registration date and the rating effective date.

(d) If a licensing inspection has not occurred within twelve months, the most recent licensing inspection is to be considered.

Last updated July 8, 2024 at 12:11 PM

Supplemental Information

Authorized By: 5104.29
Amplifies: 5104.29
Five Year Review Date: 7/7/2029
Prior Effective Dates: 10/1/2013, 7/20/2014

Rule 5101:2-17-03 | "Step Up To Quality" (SUTQ): desk reviews, on-site verification visits and bronze, silver, or gold rating awards.

• Effective: July 7, 2024
• Promulgated Under: 119.03

(A) What programs qualify for a desk review?

Programs who are eligible pursuant to rule 5101:2-17-02 of the Administrative Code and have submitted a completed registration.

(B) How is the bronze, silver, or gold rating awarded?

(1) The program is not to be awarded a rating higher than was confirmed by the program during the registration process.

(2) A program is not to be awarded a rating, or a lower rating may be assessed, if at the desk review or on-site verification visit the program does not meet the standards for the rating the program confirmed at registration.

(C) How is a deferral issued?

(1) A deferral may be issued at the conclusion of the electronic or on-site verification visit if the program cannot demonstrate it is meeting the standards.

(2) If the program cannot meet the deferral requirement within the time frame given, a lesser rating may be awarded.

(D) When is a program's bronze, silver, or gold rating effective?

The rating award of bronze, silver, or gold is to be effective:

(1) The Sunday following the thirtieth day after the completion of the on-site verification visit.

(2) If a deferral was issued, the Sunday following the thirtieth day after the end of the deferral period.

(3) The Sunday following the thirtieth day after the focused review or the deferral due date.

(4) The Sunday following approval or license begin date, whichever is later, after:

(a) The desk review;

(b) A rating is awarded pursuant to paragraph (G) of this rule.

(E) How long does a rating award last?

A program's rating award will be continuous from their effective date except for programs with specialized ratings. Programs wishing to change their rating are to submit an ongoing registration.

(F) When does a program receive a full on-site verification visit to review all quality standards?

(1) A bronze rated program will receive a full on-site verification visit every other year.

(2) A silver or gold rated program will receive a full on-site verification visit every three years.

(G) What are the requirements to obtain a specialized rating if a program owner, with multiple rated programs, wants to have a new program's rating expedited?

(1) The program is to request the rating in the Ohio child licensing and quality system (OCLQS) at https://oclqs.my.site.com during the application process or within the first thirty days of the provisional license period.

(2) The program's owner is to own multiple licensed programs that include the following:

(a) At least fifty per cent of the owner's programs are rated a bronze, silver, or gold; and

(b) Two or more of the programs are rated a silver or gold.

(3) The rating awarded is equal to the lowest rating of the silver and gold rated program if the program meets the following:

(a) All administrator and staff qualifications are to be met pursuant to appendix A to rule 5101:2-17-01 of the Administrative Code for the rating to be awarded.

(b) The program implements a verified written, researched-based, comprehensive curriculum and formal child assessment pursuant to appendix A to rule 5101:2-17-01 of the Administrative Code.

(4) If the program is unable to meet the requirements of paragraph (G)(3) of this rule, a lesser rating may be awarded.

(5) In order to continue the bronze, silver, or gold rating, the program is to:

(a) Submit an ongoing registration within one hundred twenty days of the rating begin date; and

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(6) If the new program fails to comply with paragraph (G)(5) of this rule, the rating is to be discontinued one hundred twenty days after the rating begin date.

(H) What are the requirements to continue a rating if the program's owner changes?

(1) An initial program applicant may be awarded a bronze, silver, or gold rating when the owner is changing if the following requirements are met:

(a) The bronze, silver, or gold rating has been awarded for the previous thirteen months.

(b) The new program requests the rating in OCLQS during the application process or within the first thirty days of the provisional license period.

(2) The bronze, silver, or gold rating award is to equal the current rating if the program meets the following:

(a) All administrator and staff qualifications are to be met pursuant to appendix A to rule 5101:2-17-01 of the Administrative Code for the rating to be awarded.

(b) The program implements a verified written, researched-based, comprehensive curriculum and formal child assessment pursuant to appendix A to rule 5101:2-17-01 of the Administrative Code as set forth by the verification process.

(3) If the program is unable to meet all of the requirements of paragraph (H)(2) of this rule, a lesser rating may be awarded.

(4) In order to continue the rating, the program is to:

(a) Submit an ongoing registration within one hundred twenty days of the rating begin date: and

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(5) If the program fails to comply with paragraph (H)(4) of this rule, the rating is to be discontinued one hundred twenty days after the rating begin date.

(I) Will the rating continue if a program changes its location?

Yes the rating will be continued provided the change is done in accordance with rules 5101:2-12-02, 5101:2-13-02, 3301-37-02, and 3301-32-11 of the Administrative Code.

(J) If a rated family child care provider with a bronze, silver, or gold changes from a licensed type A home to a licensed type B home or from a licensed type B home to a licensed type A home, will the rating continue?

Yes the rating will be continued.

(K) Will the rating be reinstated if a program was previously rated and the rating was discontinued due to the program being in temporary closure status for more than one hundred eighty days pursuant to rule 5101:2-12-02 or 5101:2-13-02 of the Administrative Code?

A program's rating will automatically be reinstated to the previous rating when the license is reactivated. The new rating effective date will be the Sunday following the Ohio department of children and youth (DCY) approval.

(1) Once the reinstated rating has been awarded, in order to continue the rating, the program is to:

(a) Submit an ongoing registration within sixty days of the rating begin date.

(b) Comply with a desk review including documents returned for revision and the on-site verification visit.

(2) What if the program fails to comply with paragraph (K)(1) of this rule?

The rating is to be discontinued sixty-one days after the rating is reinstated.

(L) What if a licensed program is determined not to be meeting any of the standards outlined in appendix A to rule 5101:2-17-01 of the Administrative Code?

The program is to:

(1) Comply with any desk reviews or on-site verification visits.

(2) Submit any documents requested by the licensing entity.

Last updated July 8, 2024 at 12:11 PM

Supplemental Information

Authorized By: 5104.29
Amplifies: 5104.29, 5104.31
Five Year Review Date: 7/7/2029
Prior Effective Dates: 5/24/2015

Rule 5101:2-17-04 | "Step Up To Quality" (SUTQ): changes, renewals, removals, or requests to withdraw a SUTQ rating.

• Effective: July 7, 2024
• Promulgated Under: 119.03

(A) How does a program request a rating change from bronze, silver, or gold?

The program is to:

(1) Log onto https://oclqs.my.site.com to complete an ongoing rating registration.

(2) Electronically submit the registration.

(B) When can a rating be reduced or removed?

(1) For centers and family child care providers:

(a) The rating is to be removed if the program receives a letter of intent to revoke a license .

(b) The rating may be reduced or removed if if it is determined that the program has an accumulation of twenty-four moderate and/or serious risk non-compliance points or a six-point serious risk non-compliance within the previous twelve months as listed in appendix A to rule 5101:2-12-03 of the Administrative Code for child care centers and appendix A to rule 5101:2-13-03 of the Administrative Code for family child care providers.

(2) For preschool and school child programs , the rating may be reduced or removed if it is determined that the program has a six-point serious risk non-compliance as shown in rule 3301-37-02 of the Administrative Code and rule 3301-32-11 of the Administrative Code .

(3) The rating may be reduced or removed if the Ohio department of children and youth (DCY) or the county agency determines the program is not meeting any of the standards outlined in appendix A to rule 5101:2-17-01 of the Administrative Code.

(C) What are the requirements following a rating reduction pursuant to paragraph (B) of this rule?

(1) The program is not to be awarded a rating for six months after the new rating begin date; this includes a reduction to a zero rating.

(2) Paragraph (C)(5) of rule 5101:2-17-02 of the Administrative Code is to only apply to inspections completed after the effective date of the reduction of a rating.

(D) What are the requirements following a rating removal pursuant to paragraph (B) of this rule?

(1) The program is to not be awarded a rating for twelve months from the date of removal.

(2) Paragraph (C)(5) of rule 5101:2-17-02 of the Administrative Code is to only apply to inspections completed after the effective date of the removal of a rating.

(E) How can a program with an agreement to provide publicly funded child care (PFCC) avoid a gap in PFCC services when its SUTQ exemption pursuant to Chapter 5101:2-16 of the Administrative Code is expiring or no longer exists?

(1) If a program is currently meeting a time-limited exemption pursuant to Chapter 5101:2-16 of the Administrative Code and does not submit a registration for SUTQ between one hundred eighty days and ninety days prior to the expiration of the exemption, the program may have a gap in PFCC services. Time-limited exemptions are a reduction or removal pursuant to paragraph (B) of this rule as well as a program at the end of its provisional license period.

(2) If a program no longer meets any of the other exemptions pursuant to Chapter 5101:2-16 of the Administrative Code and does not submit a registration for SUTQ within thirty days of no longer meeting the exemption criteria, the program may have a gap in PFCC services.

(F) How does a program withdraw from SUTQ ?

A program that has submitted a registration for SUTQ or that has a current SUTQ rating may withdraw from SUTQ by requesting a withdrawal at https://oclqs.my.site.com.

Last updated July 8, 2024 at 12:11 PM

Supplemental Information

Authorized By: 5104.29
Amplifies: 5104.29
Five Year Review Date: 7/7/2029
Prior Effective Dates: 1/6/2019, 3/29/2020

Rule 5101:2-17-05 | "Step Up To Quality" (SUTQ): request for review.

• Effective: July 7, 2024
• Promulgated Under: 119.03

(A) What are the reasons a program may request a review of a rating decision?

(1) Denial of a rating.

(2) The award of a lesser rating.

(3) The removal or reduction of a rating pursuant to rule 5101:2-17-04 of the Administrative Code.

(B) How does a program submit a request for review?

A program is to follow the process as outlined by the licensing agency.

(C) When may a program submit a request for review?

Within seven business days of the following:

(1) Notification of the denial of the rating.

(2) Notification of the rating award.

(3) Date of the letter indicating the removal or reduction of the rating award.

Last updated July 8, 2024 at 12:11 PM

Supplemental Information

Authorized By: 5104.29
Amplifies: 5104.29
Five Year Review Date: 7/7/2029
Prior Effective Dates: 7/1/2009, 9/28/2015

Rule 5101:2-17-06 | "Step Up To Quality" (SUTQ): county agency responsibilities.

• Effective: July 7, 2024
• Promulgated Under: 119.03

(A) What are the responsibilities of the county agency for SUTQ?

The county agency staff are to:

(1) Utilize the Ohio child licensing and quality system (OCLQS) to support SUTQ.

(2) Follow all requirements contained in Chapter 5101:2-17 of the Administrative Code.

(3) Follow the policies and procedures for all SUTQ responsibilities as assigned.

(4) Recommend rating actions for approval.

(B) May the county agency have additional requirements that exceed the SUTQ standards in Chapter 5101:2-17 of the Administrative Code?

The county agency is not to have additional requirements for SUTQ.

(C) May the county agency contract out the SUTQ responsibilities?

The county agency may contract out the SUTQ responsibilities but is to ensure that the requirements of this chapter are met.

Last updated July 8, 2024 at 12:11 PM

Supplemental Information

Authorized By: 5104.29
Amplifies: 5104.29
Five Year Review Date: 7/7/2029
Prior Effective Dates: 7/20/2014, 6/26/2016