North Carolina Administrative Code

10A NCAC 09 .2507 OPERATING POLICIES History Note: Authority G.S. 110.91; 143B-168.3; Eff. July 1, 1988; Repealed Eff. October 1, 2017.

10A NCAC 09 .2508 AGE APPROPRIATE ACTIVITIES (a) Child care facilities that provide care to school-age children shall provide a balance of teacher directed and free choice activities appropriate to the age, needs, and interests of the children. (b) Opportunities must be provided …

10A NCAC 09 .2509 ACTIVITIES: OFF-PREMISES (a) The requirements of this Rule and Section .1000 of this Chapter shall apply when activities for school-age children are conducted outdoors or off the premises for 75 percent of each day. (b) The facility shall develop a plan of activ…

10A NCAC 09 .2510 STAFF QUALIFICATIONS (a) The individual who is responsible for ensuring the administration of the program, whether on-site or off-site, shall: (1) Prior to employment, have at least: (A) 400 hours of experience working with school-age children in a licensed chil…

10A NCAC 09 .2511 OTHER STAFF REQUIREMENTS History Note: Authority G.S. 110-91(8),(11); 143B-168.3; Eff. September 1, 1990; Repealed Eff. July 1, 2008.

10A NCAC 09 .2512 DEVELOPMENTAL DAY CENTERS (transferred to 10A NCAC 09 .0505)

10A NCAC 09 .2513 COOPERATIVE ARRANGEMENT FOR INSTRUCTIONAL NEEDS (a) For purposes of this Rule, "cooperative arrangement for instructional needs" means an arrangement between a group of parents to provide care for their school-age children in one of the parent's homes for the pu…

10A NCAC 09 .2608 CHILDREN'S PLAN OF CARE History Note: Authority G.S. 110-88(13); Eff. November 1, 2005 Pursuant to G.S. 150B-21.3A, rule Expired June 1, 2015.

10A NCAC 09 .2611 Scope The rules in this Section apply to child care centers with multiple units, licensed individually, in one building. All rules within this Chapter shall apply except as provided in this Section. History Note: Authority G.S. 110-85; 110-86; 110-88; 110-91; Ef…

10A NCAC 09 .2612 Definition of Multi-Unit Child Care Centers A "multi-unit child care center" is one building with multiple licensed units, each with a separate owner and entrance and each having its own physical and mailing address. History Note: Authority G.S. 110-85; 110-86; …

10A NCAC 09 .2613 Licensure The Division shall make one or more inspections to inspect each unit within the building and issue individual licenses if all applicable requirements of G.S. 110, Article 7, this Chapter, and this Section are met. History Note: Authority G.S. 110-85; 1…

10A NCAC 09 .2614 Outdoor Space Subject to the requirements in 10A NCAC 09 .0605, .1402, and .2809, the licensed units within the multi-unit child care center may share outdoor space provided the staff/child ratios and group sizes in 10A NCAC 09 .2615 are maintained. History Note…

10A NCAC 09 .2615 Staff/Child Ratios Each unit in a multi-unit child care center shall meet the following staff/child ratios and group sizes for children: Age of Children Ratio Staff/Children Maximum Group Size 0 to 12 Months 1/5 10 12 to 24 Months 1/6 12 2 to 3 Years 1/10 20 3 t…

10A NCAC 09 .2616 Provider Qualifications (a) The person who has the responsibility for administration of the program and planning and implementing daily activities for the group of children in their care shall meet the requirements for an administrator and lead teacher as outlin…

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 …