Classes can be mixed. IF younger kids are in the older classroom that's when it gets to be a ratio issue.
Let me see if I can give an example....
If there is a 3 year old class and a 4 year old class and a 3 year old goes up to the 4 year old classroom that room automatically becomes like a 3 year old classroom and they have to adjust the staff/child ratio's to comply. Instead of having fifteen 4 year olds they have to have a group of 12 with the one 3 year old and 11 4 year olds.
So putting a younger child into the classroom is a big deal but putting 1 older child into a younger classroom they aren't breaking any regulations.....
BUT if I were the parent of this child I would be livid. They are paying good money for their child to be in the preschool classroom and he's getting put with the 2 year olds. They need to boot this child so his parents can find alternative care for him. He probably needs a therapeutic setting instead of regular child care.
If someone was to tell the parents in YOUR classroom that the kids were at risk because the director keeps putting this older mean child in the classroom and the parents decided to tell the director they were going to pull their kids out if she didn't stop that....well, she might decide this child needs to go.
I feel for you. This child is being deprived of the classroom education his parents are expecting him to get, he is not learning social skills for getting along with his peers, he's not learning age appropriate skills that he'll need for kindergarten. I'd be livid he was being put in a 2 year old classroom for these reason's alone.
Here's a link to the Oklahoma state child care regulations. I don't know if you googled the one's for your state or not but I'll try to find them too.
http://www.okdhs.org/NR/rdonlyres/C###-###-####-C005-45D1...
If all else fails you can call your local state agency, where people go to fill out applications for food stamps and child care assistance and ask them how to reach a child care licensing person. Then ask them the questions. They might know exactly what regulation pertains to this BUT they are just employees and might not know or might tell you incorrectly too.
The staff ratio's are on page 11. Same as what I said. The group is mostly the younger kids and as long as he doesn't put the number over the limit he's technically allowed in the classroom, morally, I don't think I'd let my child be in this situation either as a younger child and especially as the parent of the older child. This is morally wrong but not technically legally wrong.
http://www.colorado.gov/cs/Satellite?blobcol=urldata&...