Background

The Ohio Department of Children and Youth (DCY) and the Ohio Department of Job and Family Services (ODJFS) have amended the Step Up To Quality (SUTQ) rules contained in Chapter 5101:2-17 of the Ohio Administrative Code (OAC) for the five-year review.

The state of Ohio adopted a statewide Tiered Quality Rating and Improvement System (TQRIS) for licensed child care providers in 2006, called Step Up to Quality (SUTQ), which was initially a tiered 3-star rating system for ODJFS licensed child care centers and Type A family child care providers.

A cross-agency collaboration between ODJFS and Ohio Department of Education and Workforce (DEW) expanded SUTQ into a tiered 5-star rating system for all early learning programs in 2013. The SUTQ program was also expanded at that time to include preschool and school age programs licensed by the DEW and ODJFS licensed Type B family child care providers.

The progression of SUTQ can be attributed to the continual examination of the results of validation studies and compliance data, legislative exemptions and changes, and input from child care providers, Ohio parents, early care and education stakeholders, and other interested parties.

The most recent review of SUTQ came from a Joint Study Committee on Publicly Funded Child Care and Step Up To Quality initiated by members of the Ohio General Assembly.

An essential task of the committee was to review the existing SUTQ standards to identify areas of improvement and make changes to enhance child outcomes and remove unnecessary administrative barriers for child care and early learning programs. The committee held in-depth discussions with stakeholders involved in Ohio's child care and early learning communities.

Common themes surrounding the discussions were to find ways to increase staff/child interactions and impact kindergarten readiness; provide flexibility in the standards for programs; and to increase accessibility to SUTQ for licensed child care programs.

A final report was released by the committee on December 14, 2022. Several of the committee's recommendations for SUTQ were enacted in Amended Substitute House Bill 33 of the 135^th General Assembly.

New Quality Rating Model for SUTQ

The new model:

• Reduces the number of benchmarks to eliminate administrative burdens and to focus on the benchmarks that should result in better child outcomes
• Replaces the 5-tiered star rating system with a 3-tiered rating system of bronze, silver, and gold
• Maintains the building block approach
  • Must meet bronze requirements AND silver requirements to be rated a silver;
  • Must meet bronze requirements and silver requirements AND gold requirements to be rated a gold
• Enhances early learning by requiring programs at all quality ratings to implement a curriculum
• Eliminates a requirement to assess professional development hours at initial rating
• Removes the requirement for administrators, family child care (FCC) program owner, lead teachers, and assistant teachers to obtain a Professional Development Certificate
• Eliminates required forms 
• Replaces Appendices A-D for child care centers and Appendices E-H for family child care providers into a single Appendix A for both program types
• Creates a new "Staff Child Interactions" Standard
• Removes the "Transitions (T)" Sub-Domain
• Removes the "Communication and Engagement (CE)" Sub-Domain
• Eliminates an additional points system for programs to become four and five star rated; and
• Requires that for the gold rating 40% of classrooms in center-based programs, serving infants through school age, meet specific ratio and group size requirements

Chapter 17 SUTQ Rules:

Rule 5101:2-17-01 "Step Up To Quality (SUTQ): program standards" outlines the definitions and standards for SUTQ.  This rule has been amended to make the following changes: 

• Added "definitions" to the rule title
• Clarified general language throughout the rule
• Added a new paragraph (A)(1)(d) for administrator
• Replaced "ODJFS and ODE" with "the Ohio department of children and youth (DCY)" to paragraph (A)(2)(a)
• Added "lead teacher" in paragraph (A)(4)(c) pursuant to rule 3301-37-01 of Administrative Code
• Added new paragraph (A)(4)(d) pursuant to rule 3301-32-03 of Administrative Code
• Removed "ODJFS" from paragraphs (A)(5)(a) and (A)(5)(b)
• Added "time the group is in session or entire group operates" for instructional time in paragraph (A)(6)(d)
• Added "licensed" in paragraph (A)(8)
• Removed "ODJFS licensed" from paragraph (A)(8)(b)
• Removed "ODE licensed" from paragraph (A)(8)(c)
• Removed "ODE licensed" from paragraph (A)(8)(d)
• Reinstated the definition of "substitute" in paragraph (A)(9)
• Added "awarded bronze, silver or gold" in paragraph (B)
• Added "any required" to desk review in paragraph (B)(1)
• Removed "ODJFS licensed child care centers, ODE licensed preschools and ODE licensed school child" in paragraph (B)(2)
• Added "licensed" in paragraph (B)(2)
• Added "listed in appendix A to this rule for the rating requested at registration and maintains the standards on an ongoing basis" in paragraph (B)(2)
• Removed appendices A, B, C, and D from paragraph (B)(2)
• Added "listed in appendix A to this rule" and "maintains the standards on an ongoing basis" in paragraph (B)(3)
• Removed paragraph (B)(3) as this is redundant
• Removed paragraphs (B)(4), (B)(5), (B)(6), and (B)(7) due to the elimination of the additional points system for programs to become four and five star rated

Appendix A to rule 5101:2-17-01 replaces rescinded Appendices A, B, C, and D  for child care centers and Appendices E, F, G, and H for family child care homes and outlines the new program standards and requirements for SUTQ.

Rule 5101:2-17-02 "Step Up To Quality (SUTQ): eligibility for registration" outlines the eligibility requirements for SUTQ. This rule has been amended to make the following changes: 

• Clarified general language throughout the rule
• Combined paragraphs (A)(1) and (A)(2) into a new stand-alone paragraph for any licensed program pursuant to rule 5101:2-17-01 (A)(8) of Administrative Code
• Replaced "star rating" with "bronze, silver, or gold rating" in paragraph (B)
• Added a new paragraph (B)(1) for a license revocation
• Moved stand-alone paragraph for a suspended license to a new paragraph (B)(2)
• Moved paragraph (C)(5) to a new paragraph (B)(3) for active enforcement
• Replaced "star rating" with "bronze, silver, or gold rating" in paragraph (C)
• Updated the weblink for the Ohio child licensing and quality system (OCLQS) in paragraph (C)(1)
• Added "any required" to paragraph (C)(2)
• Added "for whom the program is receiving compensation" in paragraph (C)(3)
• Removed "star" from rating in paragraph (C)(4)
• Replaced "appendices" with "appendix A" in paragraph (C)(4)
• Updated the weblink for the Ohio professional registry (OPR) in paragraph (C)(4)(a)
• Added a new paragraph (C)(4)(b) for "Ensure the administrator on-site or family child care provider meets the educational requirements for professional development"
• Restructured paragraph (C)(5) to state "The center or family child care (FCC) provider 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."

Rule 5101:2-17-03 "Step Up To Quality (SUTQ): desk reviews, onsite verification visits and star rating awards"(rescinded) outlines the process for completing the desk reviews, onsite verification visits and the star rating process. This rule has been rescinded and replaced with a new rule 5101:2-17-03 "Step Up To Quality (SUTQ): desk reviews, on-site verification visits and bronze, silver, or gold rating awards".

New Rule 5101:2-17-03 "Step Up To Quality" (SUTQ): desk reviews, on-site verification visits and bronze, silver, or gold rating awards" (new) replaces rescinded rule 5101:2-17-03 "Step Up To Quality" (SUTQ): desk reviews, verification visits and star rating awards", and outlines the processes for completing desk reviews, onsite verification visits, and  quality ratings. This rule has been amended to make the following changes: 

• Changed rule title to "Step Up To Quality" (SUTQ): desk reviews, on-site verification visits and bronze, silver, or gold rating awards."
• Removed "conducted by the Ohio department of job and family services (ODJFS), the county agency or the Ohio department of education (ODE)" in paragraph (A)
• Added "bronze, silver or gold rating" to paragraph (B)
• Removed "if the program confirms at a one-star, two-star or three-star rating" from paragraph (B)(1)
• Removed four-star rating language in paragraph (B)(2)
• Removed "star" from rating in new paragraph (B)(2)
• Moved language for how long a star rating lasts in paragraph (C) to a new paragraph (E)
• Added "electronic" to paragraph (C)(1)
• Removed "at time of the annual report" from paragraph (C)(1)
• Removed "star" from rating in paragraph (C)(2)
• Added "program's bronze, silver, or gold rating" in paragraph (D)
• Added "award of bronze, silver, or gold" to stand-alone paragraph in paragraph (D)
• Added a new paragraph (D)(3) for a focused review and a deferral
• Removed paragraph (D)(4) for annual report review
• Added a new paragraph (F) for full on-site verification visits
• Added "obtain a specialized rating" in paragraph (G)
• Updated the weblink for the Ohio Child licensing and quality system (OCLQS) in paragraph (G)(1)
• Replaced "have a star rating" with "are rated a bronze, silver, or gold" in paragraph (G)(2)(a)
• Replaced "three, four or five star rating" with "are rated a silver or gold" in paragraph (G)(2)b)
• Replaced "of the three, four or five star rated programs" with "of the silver and gold rated program" in paragraph (G)(3)
• Replaced "appendices" with "appendix A" in paragraph (G)(3)(a)
• Removed "star" from rating" in paragraph (G)(3)(a)
• Restructured paragraph (G)(3)(b) to clarify curriculum and formal child assessment requirements
• Removed "star" from rating" in paragraph (G)(4)
• Replaced "star" with "bronze, silver, or gold" in paragraph (G)(5)
• Changed "initial" to "ongoing" in paragraph (G)(5)(a)
• Added "bronze, silver, or gold" to paragraph (H)(1)
• Replaced "currently rated program" with "bronze, silver, or gold rating" in paragraph (H)(1)(a)
• Replaced "rated" with "awarded" in paragraph (H)(1)(a)
• Replaced "rating" with "bronze, silver, or gold rating award" in paragraph (H)(2)
• Replaced "appendices" with "appendix A" in paragraph (H)(2)(a)
• Restructured paragraph (H)(2)(b) to clarify curriculum and formal child assessment requirements
• Removed "star" from rating in paragraph (H)(3)
• Removed "star" from rating" in paragraph (H)(4)
• Changed "initial" to "ongoing" in paragraph (H)(4)(a)
• Removed all references to "star" in paragraph (I)
• Removed all references to "star" in paragraph (J)
• Added "with a bronze, silver, or gold" to paragraph (J)
• Removed "star" from rating in paragraph (K)
• Changed "ninety days" to "one hundred eighty" days in paragraph (K) for temporary closure to mirror Chapter 12  rules of Administrative Code
• Added new paragraph (K) that a program is no longer required to request reinstatement of their rating when reactivating their child care license
• Updated language in paragraphs (K)(1), (K)(2), and (K)(3) to specify the requirements for continuing a rating after reinstatement
• Replaced "ODJFS, ODE or the county agency determine" with "licensed" in paragraph (L)
• Replaced "appendices" with appendix (L)
• Removed language for displaying marketing materials in paragraph (L)
• Replaced "ODJFS, ODE or the county agency" with "licensing entity" in paragraph (L)(2)

Rule 5101:2-17-04 "Step Up To Quality (SUTQ): changes, renewals, removals or requests to withdraw a SUTQ rating" outlines the process for updating or changing current ratings. This rule has been amended to make the following changes: 

• Changed rule title to "Step Up To Quality": changes, removals, or requests to withdraw a bronze, silver, or gold rating."
• Added "bronze, silver, or gold" to paragraph (A)
• Updated the weblink for the Ohio child licensing and quality system (OCLQS) in paragraph (A)(1)
• Removed paragraphs (B), (C), and (D) as an annual report is no longer required
• Removed paragraph (E) as ratings are continuous
• Removed "star" from rating in paragraph (B)
• Changed "Programs licensed by ODJFS" to "For centers and FCC providers" in paragraph (B)(1)
• Removed "star" and "from ODJFS" in paragraph (B)(1)(a)
• Removed "star" and "ODJFS or the county agency" in paragraph (B)(1)(b)
• Replaced "ODE" with "preschool and school age programs" in paragraph (B)(2)
• Removed "star" from rating in paragraph (B)(2)
• Replaced "ODJFS" and "ODE" with "the Ohio department of children and youth (DCY)" in paragraph (B)(3)
• Removed "star" from rating in paragraph (B)(3)
• Replaced "appendices" with "appendix A" in paragraph (B)(3)
• Removed "star" from rating in paragraph (C)(1)
• Removed paragraph (C)(2) as ratings are continuous
• Removed "star" from rating in paragraph (C)(2)
• Removed "and when does it become effective" in paragraph (F)
• Replaced the paper process for submitting the JFS 01556 "Request to Withdraw from Step Up To Quality" with requesting the  withdrawal in OCLQS in paragraph (F)(1)

Rule 5101:2-17-05 "Step Up To Quality (SUTQ)": request for review" outlines the process for requesting a review. This rule has been amended to make the following changes: 

• Removed all references to "star" in paragraph (A)
• Removed form "JFS 01155 "Request for Review for Licensing and Step Up To Quality" from paragraph (B) as the process is determined by the licensing agency
• Replaced "JFS 01155" with "request for review"
• Removed all references to "star" in paragraph (C)
• Added "award" to paragraph (C)(3)
• Removed paragraph (D) because this is redundant

Rule 5101:2-17-06 "Step Up To Quality (SUTQ)": county agency responsibilities" outlines the responsibilities for county agencies. This rule has been amended to make the following changes: 

• Clarified general rule language throughout the rule
• Removed "Ohio department of job and family services (ODJFS)" from paragraph (A)(3)
• Removed "to ODJFS" from paragraph (A)(4)

Forms:

Sample forms to support programs to meet the new quality rating standards will be available on the DCY website at a later date: Step Up To Quality | Department of Children and Youth (ohio.gov)

While the system functionality is being updated, providers will be required to submit the following forms in order to: 

• Withdraw the program from participation in SUTQ, using the JFS 01556 "Request To Withdraw from Step Up To Quality (SUTQ)"
• Submit a request for review, using the JFS 01155 "Request For Review For Licensing and Step Up To Quality"

Implementation:

The rules will be effective on July 7, 2024.

From April, 16, 2024 until July 6, 2024 registrations will not be accepted.

Implementation guidance:

Monitoring and Assessment:

For programs that were rated prior to July 6, 2024, a transition year from July 7, 2024-June 30, 2025 will be in effect. Currently rated programs will receive technical assistance during this transition year. The only programs that will be assessed based on the new standards will be programs who register for a rating or want to change their rating.

Beginning July 7, 2025, all rated programs will be assessed on the new standards which include the professional development training requirements.

The two professional development topics referenced in Appendix A to rule 5101:2-17-01 will not be required between July 7, 2024 and June 30, 2025 while the Ohio Professional Registry (OPR) is updated.

Questions: Please contact the Family and Customer Support Center at childcarepolicy@childrenandyouth.ohio.gov or 1-877-302-2347, option 4, if you have any questions.