Policy Group Says New Proposal Restricting Families’ Childcare Access Is Illegal
By Staff Reporter |
The Arizona Department of Health Services (ADHS) is proposing to put a strict limit on childcare enrollment, but a policy group says that’s illegal.
The Goldwater Institute advised ADHS in a letter that such a cap on childcare facilities (preschools, daycares, and day camps, for example) would violate statutory requirements on agency rulemaking.
Arizona law restricts agencies from making any rules that exceed authorized subject matter areas, that supplement a more specific grant of rulemaking authority, and that aren’t specifically authorized by statute.
The Goldwater Institute argued that the proposal to impose a maximum group size on childcare facilities constitutes an authority that ADHS doesn’t possess within their regulatory powers.
“[A]n across-the-board cap on ‘group size,’ independent of any relevant considerations such as child-adult ratio, is not a regulation of ‘staffing per number and age groups of children’ [per their regulatory authority] and it is not justified by any other provision in the statute,” said the Goldwater Institute.
The organization also predicted in its letter that such a proposal would result in a greater burden on childcare facilities and a greater cost for families, in addition to reducing overall childcare availability.
The proposal concerns amendments to two rules pertaining to staff-to-children ratios: 9-5-404 and 9-5-726. The amendment adds on limitations of group size per age group.
Group size limitations begin small with younger children and expand as the ages rise: infants are limited to 10 in a group; one-year-old children are limited to 12 in a group; two-year-old children are limited to 16 in a group; three-year-old children are limited to 26 in a group; four-year-old children are limited to 30 in a group; and both five-year-old children and school-age children are limited to 40 in a group.
The amendments also struck provisions allowing volunteers to be counted as staff in staff-to-children ratios and restricting student aides or qualified teacher caregiver aides from being counted as staff. Also replaced were any instances of staff as “caregivers,” instead renaming them as “child educators.”
In a press release, Goldwater Institute staff attorney John Thorpe said the group size restrictions would not only be an exercise of authority beyond ADHS’ scope, it would serve to restrict families’ critical access to childcare facilities. Thorpe marked the proposal as another example of “ill-informed, heavy-handed bureaucratic regulation” within the state and nationwide.
“Imposing an arbitrary cap on the number of children allowed in a space — regardless of the size of the space, nature of the activity, or number of adults supervising — makes no sense,” stated Thorpe. “It’s especially pernicious during a childcare shortage, as it will force good preschools and childcare facilities to turn away families they’re perfectly equipped to serve for no other reason than an irrational bureaucratic requirement.”
Last December, a report by the Council for Strong America estimated that Arizona lost close to $5 billion annually in earnings, productivity, and revenue due to lack of adequate childcare. Over half of responding parents said they were late for work, leaving work early, missing days of work, or low in their productivity at work due to their childcare struggles.
Nearly 20 percent reported having been let go or fired from their work related to those struggles.
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