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Article 47, section 47.23

Ratios, group sizes, and the better question

The ratio is the most quoted number in childcare and one of the least useful on its own. Here are the ones that actually govern this building, and what to ask once you have them.

  • 1:4 infants, group of 8
  • 1:5 toddlers, group of 10
  • 1:6 twos, group of 12

The ratios are a legal floor, not a boast. The Article 47 ratios that govern this building are one educator to four infants aged birth to eleven months in a group of at most eight; one to five for toddlers of twelve to twenty-four months in a group of at most ten; and one to six for two- to under-three-year-olds in a group of at most twelve. Staff counted in a ratio must maintain direct line of sight and constant competent supervision at all times, and a group of two- to five-year-olds must be in the charge of a qualified group teacher. Those are floors rather than achievements, and a centre quoting you a better number should be asked how it is funded.

A staff-to-child ratio is a legal floor. It is the least supervision a programme may lawfully provide, and it is set by the regulator rather than chosen by the nursery. Marketing frequently presents it as an achievement, which is roughly like a restaurant advertising that it refrigerates its food.

That does not make it unimportant. It matters enormously — it is the difference between a baby being held and a baby being managed. It is just that knowing the number is the beginning of the question rather than the end of it.

The numbers that govern a Queens nursery

Under Article 47, section 47.23: for infants from birth to eleven months, one adult to four children with a maximum group size of eight. For toddlers from twelve to twenty-four months, one to five with a maximum group of ten. For children from two to under three, one to six with a maximum group of twelve. In an emergency, the ratio for children under twelve months tightens to one to three.

Group size is the number people forget, and it may matter more than the ratio. Two adults with ten toddlers and three adults with fifteen toddlers are the same ratio and are not the same room. The cap on group size is what stops a ratio being satisfied inside a hall.

A group of children aged two to five must be in the charge of a qualified group teacher, and staff counted within a ratio must maintain direct line of sight and constant competent supervision of every child at all times. Line of sight is a specific standard rather than a general aspiration.

Why the table you found online is probably the wrong one

Outside the five boroughs, OCFS rules apply: one to four from six weeks to eighteen months in a group of eight, one to five from eighteen to thirty-six months in a group of twelve, and one to seven for three-year-olds in a group of eighteen.

Compare those to the city figures above and the differences are real. The state groups toddlers up to twelve where the city caps them at ten for the twelve-to-twenty-four-month band. Most national comparison articles quote the state numbers, because they are the ones that appear in statewide tables.

So a Queens parent checking a nursery against a table found online may well be checking against looser numbers than the ones the nursery is actually held to. It is worth knowing which document you are holding.

The question worth asking instead

Not what is your ratio — the answer is public and the nursery has no discretion over it. Ask when the ratio is hardest to hold, and listen to whether the answer is specific.

The honest answer, in most centres, is the same three moments: the handover at lunch, the settling period at the start of nap, and the last hour of the day when staff have started to go home and rooms are combined. Those are where a ratio quietly stops holding, and a director who names them unprompted is telling you they have thought about it.

Then ask what happens when somebody calls in sick at seven in the morning. Every centre has that morning. The ones worth choosing have an answer that does not involve hoping.

Be careful with a better number

A centre advertising a ratio better than the legal minimum is advertising a cost. Somebody is paying for the extra adult: either the fee reflects it, or it is being funded from something that will not last, or the number describes a moment rather than a day.

Ask how it is paid for. A straight answer — we charge more, and here is the figure — is entirely respectable. An evasive one is worth noticing.

We run to the ratios and we say so plainly. What we will tell you is that they hold through lunch, through the start of nap and through the last hour, because those are the moments the number is actually about.

In order

How this works in practice

  1. Get the ratio and the group size

    Both. A ratio without a group size describes half the room, and the half it leaves out is the noise, the space and the number of other children your child has to negotiate.

  2. Confirm which rulebook applies

    In the five boroughs it is Article 47. Anywhere else in the state it is OCFS, and the numbers differ for toddlers and threes.

  3. Ask when it is hardest to hold

    Lunch handover, the start of nap, and the last hour. Specific answers are worth more than reassuring ones.

  4. Ask about the sick-call morning

    Every centre has one. What happens next is a real question with a real answer.

  5. If the number beats the law, ask who pays

    A better ratio is a genuine cost. Where it is funded openly that is a good sign; where the question is deflected, that is information too.

Questions we are actually asked

Ratios, group sizes, and the better question — frequently asked

What are the daycare ratios in New York City?

Under Article 47: one adult to four infants from birth to eleven months in a group of no more than eight; one to five for toddlers of twelve to twenty-four months in a group of no more than ten; and one to six for children from two to under three in a group of no more than twelve. Staff in ratio must keep direct line of sight and constant competent supervision at all times.

Are New York City ratios stricter than the state's?

For some ages, yes. The state permits a group of twelve for eighteen to thirty-six months where the city caps the twelve-to-twenty-four-month band at ten, and the state allows one to seven for three-year-olds in groups of eighteen. This is why the rulebook that applies to a given building matters.

What does direct line of sight actually require?

That staff counted in the ratio can see the children they are responsible for. It is a specific standard, and it is the reason room layouts in good centres look sparse — sightlines are a design constraint rather than an afterthought.

Does the ratio change during nap?

The legal ratio does not change because children are asleep. Practice varies, and this is exactly the moment worth asking about on a tour rather than assuming.

Should I choose the centre with the best ratio?

Not on that alone. Group size, staff turnover, how long the room leader has been there and what happens on a sick-call morning all bear on your child's actual day, and a ratio quoted without those is a single number standing in for a whole answer.

Tuesday and Thursday mornings, while the children are here

Come and see the room

A tour here happens during a session, in the room your child would actually be in, at the time of day they would be in it. You meet the person who leads that room rather than only the director, and you see the noise and the mess that are genuinely there. It takes an hour. If your child is three or four we will ask whether you have applied for free 3-K or Pre-K for All before we quote you a rate, because a good many families should not be paying us at all.