(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 child-care center;
  (2) The person works in the same room with and is supervised by a caregiver qualified under §746.1107 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 all 24 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 don't leave the person alone with sole responsibility for or in charge of an individual child, a group of children, or the child-care center;
  (2) The person works in the same room with and is supervised by a caregiver qualified under §746.1107 of this title;
  (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 all 24 hours of pre-service training before being placed in a room with children; and
  (4) The person is expected to obtain a high school diploma or equivalent.

Source Note: The provisions of this §746.1109 adopted to be effective September 1, 2003, 28 TexReg 1402; amended to be effective April 15, 2017, 42 TexReg 1575; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909