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Daycare director asks Falmouth Board of Health for summer counselor-to-camper ratio variance
Summary
The Woods Hole Daycare Cooperative requested a temporary variance from 105 CMR 430.101 to allow a 1:7–1:8 counselor-to-camper ratio this summer, citing stable staff and nonprofit budget hardship; the board asked the applicant to verify insurance and explore extending the regular EEC license year-round before deciding.
The Woods Hole Daycare Cooperative asked the Falmouth Board of Health on Aug. 3 for a variance from the counselor-to-camper ratio in 105 CMR 430.101 so it can operate its summer program with fewer staff per child than the regulation requires. The director, speaking for the applicant, told the board their preschool license is 1:10 but the Board of Health standard for under-7 children is 1:5; she asked the board to consider a modified summer ratio of 1:7 or 1:8 to avoid doubling staff costs for the nonprofit and to preserve continuity for children and teachers.
Board members probed whether the program could instead operate under its existing Early Education and Care (EEC) license in the summer and whether the insurance carrier would continue full coverage if a variance were granted. The presenter said, “we believe our program structure, staffing and safety practices and long standing compliance with EEC provides us a safe and well supervised environment for the children.” Vice president Rebecca Sanderson sought clarification on the three legal criteria for a variance, and members emphasized the high legal standard for finding “manifest injustice.”
Rather than grant an immediate multi-year variance, the board’s chair and other members said they preferred the applicant to first confirm whether the EEC license can extend through the summer months and to provide written confirmation from the insurance carrier if a variance is pursued. Chair Roth invited the applicant to contact staff member Scott to provide the additional documentation; the board agreed to continue consideration so members could review any new materials. The board also urged the applicant to consider modest interim measures (parent acknowledgement of the ratio) while a regulatory or licensing solution is pursued.
Why this matters: The board must balance minimal incremental risk to children against state licensing rules and insurance coverage. The board signaled willingness to work with the daycare but asked for concrete evidence that alternatives (extending the EEC license) are unavailable before making an exception.
