10A NCAC 09 — Child Care Rules

SECTION .2700 - CRIMINAL BACKGROUND CHECKS 10A NCAC 09 .2701 SCOPE The rules in this Section shall apply to all child care providers as defined in G.S.110-90.2. The Division, in accordance with G.S.110-90.2, shall determine if an individual is a qualified child care provider. An …

10A NCAC 09 .2702 DEFINITIONS For purposes of this Section: (1) a "qualified child care provider" means an individual who is fit to have responsibility for the safety and well-being of children based on their criminal history and all other requirements in accordance with G.S. 110…

10A NCAC 09 .2703 Criminal History Record check requirements for child care providers (a) In addition to the requirements in Rules .0302 and .1702 of this Chapter, a child care provider, as defined in G.S. 110-90.2, shall submit the following to the Division prior to the issuance…

10A NCAC 09 .2704 CRIMINAL HISTORY RECORD CHECK REQUIREMENTS FOR NONLICENSED CHILD CARE PROVIDERS (a) A nonlicensed child care provider shall submit the following to the local purchasing agency prior to caring for children and receiving subsidy payments: (1) a signed Authority fo…

SECTION .2800 - Two through Five Star RATED LICENSES 10A NCAC 09 .2801 SCOPE (a) This Section shall apply to all child care facilities that have achieved or wish to achieve a rated license of two stars or higher. (b) A child care facility shall be eligible for a rated license of …

10A NCAC 09 .2802 APPLICATION FOR A two through five star RATED LICENSE (a) After a licensed child care center or home has been in operation for a minimum of six consecutive months, the operator may apply for an initial two- through five-star rated license. (b) The operator shall…

10A NCAC 09 .2803 PROGRAM STANDARDS FOR A THREE COMPONENT RATED LICENSE FOR CHILD CARE CENTERS History Note: Authority G.S. 110-88(7); 110-90(4); 143B-168.3; Eff. April 1, 1999; Amended Eff. May 1, 2006; January 1, 2006; Repealed Eff. July 1, 2010.

10A NCAC 09 .2804 Administrative Policies (TRANSFERRED TO 10a ncac 09 .0513 mARCH 1, 2019)

10A NCAC 09 .2805 OPERATIONAL AND PERSONNEL POLICIES (TRANSFERRED TO 10a ncac 09 .0514 mARCH 1, 2019)

10A NCAC 09 .2806 CAREGIVING ACTIVITIES FOR PRESCHOOL-AGED CHILDREN (a) Each center shall comply with the requirements in Rule .0508 of this Chapter for written activity schedules and plans and in Rule .0509 of this Chapter for general activity requirements. (b) Each center provi…

10A NCAC 09 .2807 PARENT PARTICIPATION (TRANSFERRED TO 10a ncac 09 .0515 mARCH 1, 2019)

10A NCAC 09 .2808 NIGHT CARE (TRANSFERRED TO 10a ncac 09 .0516 mARCH 1, 2019)

10A NCAC 09 .2809 ENHANCED SPACE REQUIREMENTS (a) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time. (b) There shall be an area that…

10A NCAC 09 .2812 EDUCATION STANDARDS FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN History Note: Authority G.S. 110-88(7); 110-90(4); 110-91; 143B-168; Eff. July 1, 2000; Recodified from Rule .2811 Eff. May 1, 2006; Repealed Eff. July 1, 2010.

10A NCAC 09 .2817 ENHANCED PROGRAM STANDARDS FOR CHILD CARE CENTERS (a) To achieve one point for program standards, the center shall be in compliance with all applicable requirements in Rules .0513-.0516 of this Chapter. (b) To achieve two through seven points for program standar…

10A NCAC 09 .2818 ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) The center shall comply with the following staff/child r…

10A NCAC 09 .2819 ENhanced EDUCATION STANDARDS FOR On-Site Administrators for A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the education standards for an on-site administrator for child care centers. The points for education standards shall be de…

10A NCAC 09 .2820 enhanced EDUCATION STANDARDS FOR LEAD TEACHERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating all lead teachers in child care centers. The points for education standards shall be determined by applying this Rule and Rules .281…

10A NCAC 09 .2821 enhanced EDUCATION STANDARDS FOR Teachers for A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating all teachers in child care centers. The points for education standards shall be determined by applying this Rule and Rules .2819, .2820, …

10A NCAC 09 .2822 enhanced EDUCATION STANDARDS FOR program coordinators for a RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating program coordinators in child care centers. The points for education standards shall be determined by applying this Rule and …

10A NCAC 09 .2823 enhanced EDUCATION STANDARDS FOR group leaders and assistant group leaders for a RATED LICENSE FOR CHILD CARE CENTERS and for centers that provide care only to school-age children (a) This Rule shall apply to evaluating group leaders and assistant group leaders …

10A NCAC 09 .2824 enhanced EDUCATION STANDARDS FOR A RATED LICENSE FOR Administrators for CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGE CHILDREN (a) This Rule shall apply to evaluating the education standards for administrators for centers that provide care only to school-age chil…

10A NCAC 09 .2825 enhanced EDUCATION STANDARDS FOR program coordinators for A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO school-age CHILDREN (a) This Rule shall apply to evaluating the education standards for program coordinators for centers that provide care only to sch…

10A NCAC 09 .2826 EDUCATION STANDARDS FOR group leaders and assistant group leaders for A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. August 1, 2012; Repealed Eff. March 1, 20…

10A NCAC 09 .2827 enhanced EDUCATION STANDARDS FOR OPerators for A RATED LICENSE FOR FAMILY CHILD CARE HOMES (a) This Rule shall apply to evaluating the operator of family child care homes. (b) To achieve two through seven points for education standards, the operator shall meet t…

10A NCAC 09 .2828 enhanced PROGRAM STANDARDS FOR A RATED LICENSE FOR FAMILY CHILD CARE HOMES (a) This Rule shall apply to evaluating the program standards for a rated license for family child care homes. (b) To achieve two through seven points for program standards, the operator …

10A NCAC 09 .2829 QUALITY POINT OPTIONS Operators may choose to earn one additional quality point toward a rated license as described in Rule .2802 of this Section as follows: (1) Education options: Quality Point Education Options (.2829) 75 percent of infant/toddler teachers hav…

10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a) A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. When the Division representative documents viol…

10A NCAC 09 .2831 HOW AN OPERATOR MAY REQUEST OR APPEAL A CHANGE IN RATING (a) An operator may request a change in the star rating by following the procedures in Rule .2802 of this Section. (b) After an initial three- through five-star rating is issued, the Division shall provide…

SECTION .2900 - DEVELOPMENTAL DAY SERVICES 10a ncac 09 .2901 SCOPE (a) The rules in this Section apply to all certified Developmental Day Centers, or to all child care centers requesting to be certified as a Developmental Day Center. A Developmental Day Center offers specialized …

10a ncac 09 .2902 LICENSE (a) Developmental Day services shall be available for preschool children for a minimum of 8 hours per day, 5 days per week, Monday through Friday, and 12 months per year except in the following circumstances: (1) in counties where no Community-Based Deve…

10A NCAC 09 .2903 STAFF QUALIFICATIONS (a) Each center serving children ages birth to three years shall have: (1) one staff who holds a NC Birth-through-Kindergarten (B-K) Continuing or Initial License issued by the North Carolina Department of Public Instruction; (2) a NC Initia…

10A NCAC 09 .2904 PROGRAM REQUIREMENTS (a) Children shall participate in daily activities outlined in a plan of care such as an Individualized Family Service Plan (IFSP), Individualized Education Program (IEP), Person Centered Plan (PCP), or for children who are typically develop…

10A NCAC 09 .2905 FAMILY SERVICES The center shall facilitate family involvement as evidenced by meeting the following requirements. The activities used to meet this requirement may not be used to meet the requirements set forth in Rule .3219 of this Chapter. (1) Providing quarte…

SECTION .3000 NC PRE-KINDERGARTEN SERVICES 10A NCAC 09 .3001 SCOPE The Rules in this Section apply to all licensed programs that serve children in the North Carolina Pre-Kindergarten (NC Pre-K) Program. The NC Pre-Kindergarten Program Rules in G.S. 110, Article 7 and this Chapter…

10A NCAC 09 .3002 FACILITY REQUIREMENTS (a) Programs serving NC Pre-K children shall maintain a four-or five-star rated license in accordance with G.S. 110-90(4) and Section .3200 of this Chapter. (b) NC Pre-K programs that have earned a four-or five-star rated license using the …

10A NCAC 09 .3003 PROGRAM ATTENDANCE POLICY When a child is absent for more than three consecutive days, the site-level administrator shall contact the child's parent to discuss the absences and determine whether the parent wishes the child to remain in the NC Pre-K Program. The …

10A NCAC 09 .3005 CHILD HEALTH ASSESSMENTS (a) A health assessment shall be on file at the NC Pre-K site within 30 days after a child enters the NC Pre-K program and the assessment may be no more than 12 months old at the time of program entry. The health assessment shall include…

10A NCAC 09 .3006 DEVELOPMENTAL SCREENING (a) All children enrolled in the NC Pre-K program shall receive a screening assessing the development of each child, across all domains, to ensure the child is growing and developing according to developmental milestones, unless the child…

10A NCAC 09 .3007 EARLY LEARNING STANDARDS AND CURRICULA (a) NC Pre-K programs shall use North Carolina's Early Learning and Development Standards (and subsequent editions), as developed by a group of state and national early childhood experts. The Early Learning and Development …

10A NCAC 09 .3008 formative ASSESSMENTS Classroom staff shall be required to conduct on-going formative assessments to gather information about each child's growth and skill development, and how each child processes information and solves problems during the learning process. Cla…

10A NCAC 09 .3009 Staff-to-Child Ratio and Class Size The classroom shall not exceed a maximum staff-to-child ratio of one to 10 with a maximum class size of 20 children, with at least one teacher and one teacher assistant per classroom. A classroom of 10 children or less is not …

10A NCAC 09 .3010 Family Engagement NC Pre-K programs shall develop a plan for family engagement consisting of strategies designed to develop partnerships with families that promote shared decision-making opportunities. These opportunities shall include: (1) An enrollment orienta…

10A NCAC 09 .3011 NC PRE-K SITE-LEVEL Administrator Qualifications (a) Administrators of NC Pre-K sites shall have: (1) A NC Principal's License, or (2) A North Carolina Early Childhood Administrator Credential (NCECAC) Level III, or (3) hold a Bachelor's Degree in any field with…

10A NCAC 09 .3012 NC PRE-K TEACHER EDUCATION, LICENSURE AND CREDENTIALS (a) All teachers shall hold, or be eligible to hold a North Carolina (NC) Birth through Kindergarten (B-K) Initial or Continuing License or a NC Professional Educator's Initial or Continuing License with a B-…

10A NCAC 09 .3013 NC PRE-K Teacher Assistant Education and Credentials (a) All teacher assistants shall have a high school diploma or its equivalent and shall either: (1) hold a Child Development Associate (CDA) credential; or (2) hold or be working toward an Associate Degree or …

10A NCAC 09 .3014 NC PRE-K Substitute Staff (a) When a member of the NC Pre-K teaching staff is unable to work, due to illness, other health related conditions, disability, death or natural or man-made disasters, a substitute staff person shall be provided to maintain the staff-t…

10A NCAC 09 .3015 NC Pre-K teacher and teacher assistant Standards NC Pre-K teachers and teacher assistants shall provide child-directed and teacher-directed instructional day-to-day learning activities for children enrolled in the NC Pre-K program for at least 32.5-hours a week.…

10A NCAC 09 .3016 Professional Development Requirements North Carolina licensed administrators, teachers, and teacher assistants employed by public and nonpublic schools shall participate in professional development consistent with the level of education and type of educator lice…

10A NCAC 09 .3017 CHILDREN WITH UNIQUE NEEDS AND CHALLENGING BEHAVIORS (a) For purposes of this Rule, "challenging behavior" shall mean any repeated pattern of behavior, or perception of behavior, that interferes with or is at risk of interfering with optimal learning or engageme…