(a) You may employ a 16 or 17-year-old who has a high school diploma or its equivalent and count the person in the child/caregiver ratio, provided that:
  (1) You don't leave the person alone with sole responsibility for or in charge of an individual child, a group of children, or the operation;
  (2) The person works in the same room with and is supervised by a caregiver qualified under §744.1105 of this title (relating to What additional minimum qualifications must each of my caregivers meet?); and
  (3) The person has completed a child-care-related career program, which:
    (A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or
    (B) A home-school approves, and the person completes the eight hours of pre-service training before being placed in a room with children.
(b) You may employ a 16-,17-, or 18-year-old who attends high school but has not graduated and count the person in the child/caregiver ratio, provided that:
  (1) You do not leave the person alone with sole responsibility for or in charge of an individual child, a group of children, or the operation;
  (2) The person works in the same room with and is supervised by a caregiver qualified under §744.1105;
  (3) The person is currently enrolled in or has completed a child-care-related career program, which:
    (A) The Texas Education Agency (including a charter school), the Texas Private School Accreditation Commission, other similar educational entity in another state, or federal agency approves; or
    (B) A home-school approves, and the person completes the eight hours of pre-service training before being placed in a room with children;
  (4) The person is expected to obtain a high school diploma or equivalent.

Source Note: The provisions of this §744.1107 adopted to be effective September 1, 2010, 35 TexReg 7469; amended to be effective April 15, 2017, 42 TexReg 1779; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909