GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S D
SENATE BILL DRS45257-LU-94
Short Title: Child Care Regulatory Reforms & Flexibilities. (Public)
Sponsors: Senators Burgin, Galey, and Corbin (Primary Sponsors).
Referred to:
*DRS45257 -LU-94*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHILD CARE REGULATORY REFORMS AND PROVIDE 2
FOR FLEXIBILITIES IN SCHOOL-AGE CHILD CARE. 3
The General Assembly of North Carolina enacts: 4
5
PART I. VARIOUS CHILD CARE REGULATORY REFORMS 6
7
EXPERIENCE EQUIVALENCY FOR LEAD TEACHERS IN LICENSED CHILD CARE 8
SECTION 1.1.(a) G.S. 110-90(4) reads as rewritten: 9
"(4) To issue a rated license to any child care facility which meets the standards 10
established by this Article as follows: 11
a. For any child care facility currently holding a license of two to five 12
stars or any new license issued to a child care facility with a rating of 13
two to five stars, the rating shall be based on (i) program standards and 14
(ii) education levels of staff. When evaluating program standards, the 15
Department shall consider the facility's staff/child ratios, space 16
requirements, continuous quality improvement standards, family and 17
community engagement practices, environmental rating scale 18
evaluations, curriculum, child observation and assessment, staff 19
coaching or mentoring, or accreditation by a national or regional 20
accrediting agency with early childhood standards. When evaluating 21
education levels of staff, the Department shall consider any early 22
childhood and child development coursework, early childhood 23
education certificates, Child Development Associate credentials, 24
associate or bachelor's degrees, continuous quality improvement 25
standards for staff, continuing education units, early childhood 26
education competency evaluations, work experience in child care, 27
including staff granted the North Carolina Early Childhood Credential 28
based on experience pursuant to G.S. 110-91, coaching or mentoring 29
completed, and education standards within an accreditation award. 30
…." 31
SECTION 1.1.(b) Section 8 of S.L. 2024-34 is amended by adding a new subsection 32
to read: 33
"SECTION 8.(a1) In modifying the quality rating improvement system (QRIS), the Division 34
of Child Development and Early Education shall ensure a North Carolina Early Childhood 35
Credential based on five years of work experience in a licensed child care facility in this State is 36
FILED SENATE
Mar 25, 2025
S.B. 528
PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRS45257-LU-94
treated as equivalent to when that credential is earned through other pathways for purposes of 1
awarding a star rating." 2
SECTION 1.2. G.S. 110-91(8) reads as rewritten: 3
"(8) Qualifications for Staff. – Qualifications for child care staff are as follows: 4
a. All child care center administrators shall be at least 21 years of age. 5
All child care center administrators shall have the North Carolina 6
Early Childhood Administration Credential or its equivalent as 7
determined by the Department. All child care administrators 8
performing administrative duties as of the date this act becomes law 9
and child care administrators who assume administrative duties at any 10
time after this act becomes law and until September 1, 1998, shall 11
obtain the required credential by September 1, 2000. Child care 12
administrators who assume administrative duties after September 1, 13
1998, shall begin working toward the completion of the North Carolina 14
Early Childhood Administration Credential or its equivalent within six 15
months after assuming administrative duties and shall complete the 16
credential or its equivalent within two years after beginning work to 17
complete the credential. Each child care center shall be under the 18
direction or supervision of a person meeting these requirements. All 19
staff counted toward meeting the required staff-child ratio shall be at 20
least 16 years of age, provided that persons younger than 18 years of 21
age work under the direct supervision of a credentialed staff person 22
who is at least 21 years of age. 23
b. All lead teachers in a child care center shall have at least a North 24
Carolina Early Childhood Credential or its equivalent as determined 25
by the Department. Lead teachers shall either (i) be enrolled in the 26
North Carolina Early Childhood Credential coursework or its 27
equivalent as determined by the Department within six months after 28
becoming employed as a lead teacher or within six months after this 29
act becomes law, whichever is later, and shall complete the credential 30
or its equivalent within 18 months after enrollment.enrollment or (ii) 31
have a minimum of five years of documented experience teaching in a 32
licensed child care facility in this State which shall be deemed 33
equivalent to the North Carolina Early Childhood Credential. 34
c. For child care centers licensed to care for 200 or more children, the 35
Department, in collaboration with the North Carolina Institute for 36
Early Childhood Professional Development, shall establish categories 37
to recognize the levels of education achieved by child care center 38
administrators and teachers who perform administrative functions. 39
The Department shall use these categories to establish appropriate 40
staffing based on the size of the center and the individual staff 41
responsibilities. 42
d. Effective January 1, 1998, an operator of a licensed family child care 43
home shall be at least 21 years old and have a high school diploma or 44
its equivalent. Operators of a family child care home licensed prior to 45
January 1, 1998, shall be at least 18 years of age and literate. Literate 46
is defined as understanding licensing requirements and having the 47
ability to communicate with the family and relevant emergency 48
personnel. Any operator of a licensed family child care home shall be 49
the person on-site providing child care. 50 General Assembly Of North Carolina Session 2025
DRS45257-LU-94 Page 3
e. The Commission shall adopt standards to establish appropriate 1
qualifications for all staff in child care centers. These standards shall 2
reflect training, experience, education and credentialing and shall be 3
appropriate for the size center and the level of individual staff 4
responsibilities. It is the intent of this provision to guarantee that all 5
children in child care are cared for by qualified people. Pursuant to 6
G.S. 110-106, no requirements may interfere with the teachings or 7
doctrine of any established religious organization. The staff 8
qualification requirements of this subdivision do not apply to 9
religious-sponsored child care facilities pursuant to G.S. 110-106." 10
11
INCREASE CERTAIN MAXIMUM GROUP SIZES & REVISE NAP -TIME 12
SUPERVISION REQUIREMENTS IN CHILD CARE 13
SECTION 1.3. G.S. 110-91(7)a. reads as rewritten: 14
"a. The Commission shall adopt rules for child care centers regarding 15
staff-child ratios, group sizes and multi-age groupings other than for 16
infants and toddlers, provided that these rules shall be no less stringent 17
than those currently required for staff-child ratios as enacted in Section 18
156(e) of Chapter 757 of the 1985 Session Laws. 19
1. Except as otherwise provided in this subdivision, the minimum 20
staff-child ratios and group sizes for infants and toddlers in 21
child care centers shall be no less stringent than as follows: 22
Age Ratio Staff/Children Group Size 23
0 to 12 months 1/5 1015 24
12 to 24 months 1/6 1218 25
2 to 3 years 1/10 20. 26
No child care center shall care for more than 25 children in one 27
group. Child care centers providing care for 26 or more 28
children shall provide for two or more groups according to the 29
ages of children and shall provide separate supervisory 30
personnel and separate identifiable space for each group. 31
1a. If a child care center is operating under voluntary enhanced 32
requirements, the maximum group size for toddlers aged 2 to 33
3 years may be increased from 18 to 20 children when the child 34
care center maintains a 1/9 staff-child ratio. 35
1b. If a child care center is operating under the highest voluntary 36
enhanced requirements, the child care center may use the 37
following maximum group sizes for infants and toddlers when 38
the child care center maintains staff-child ratios as provided 39
herein: 40
Age Ratio Staff/Children Group Size 41
0 to 12 months 1/4 12 42
12 to 24 months 1/5 15 43
2 to 3 years 1/8 20. 44
1c. For groups of children 1 year of age or older, the staff-child 45
ratio during nap time shall comply with the requirements of 46
rules adopted by the Commission if (i) at least one person 47
remains in the room, (ii) all children are visible to that person, 48
and (iii) the total number of required staff are on the premises 49
and within calling distance of the rooms occupied by children. 50
…." 51 General Assembly Of North Carolina Session 2025
Page 4 DRS45257-LU-94
1
CLARIFY RULES ON MULTIUSE CHILD CARE CENTERS 2
SECTION 1.4. The Department of Health and Human Services, Division of Child 3
Development and Early Education (Division), in coordination with the Child Care Commission, 4
shall work to clarify the rules governing multiuse child care centers to ensure each of the 5
following: 6
(1) Allow the use of existing buildings to house multiunit child care centers and 7
include mixed-age centers if they meet the requirements outlined in the rules 8
regarding multiunit child care centers. 9
(2) Grant access to applicants who meet the pre-licensing guidelines and are 10
awarded a license by the Division. 11
(3) Grant individual licenses within a multiunit child care center based on the 12
square footage used by each owner. 13
14
PART II. SCHOOL-AGE FLEXIBILITIES 15
SECTION 2.1. G.S. 110-91(6) reads as rewritten: 16
"(6) Space and Equipment Requirements. – There shall be no less than 25 square 17
feet of indoor space for each child for which a child care center is licensed, 18
exclusive of closets, passageways, kitchens, and bathrooms, and this floor 19
space shall provide during rest periods 200 cubic feet of airspace per child for 20
which the center is licensed. There shall be adequate outdoor play area for 21
each child under rules adopted by the Commission which shall be related to 22
the size of center and the availability and location of outside land area. In no 23
event shall the minimum required exceed 75 square feet per child. The outdoor 24
area shall be protected to assure the safety of the children receiving child care 25
by an adequate fence or other protection. A center operated in a public school 26
shall be deemed to have adequate fencing protection. A center operating 27
exclusively during the evening and early morning hours, between 6:00 P.M. 28
and 6:00 A.M., need not meet the outdoor play area requirements mandated 29
by this subdivision. 30
Each child care facility shall provide indoor area equipment and 31
furnishings that are child size, sturdy, safe, and in good repair. Each child care 32
facility that provides outdoor area equipment and furnishings shall provide 33
outdoor area equipment and furnishings that are child size, sturdy, free of 34
hazards that pose a threat of serious injury to children while engaged in normal 35
play activities, and in good repair. The Commission shall adopt standards to 36
establish minimum requirements for equipment appropriate for the size of 37
child care facility. Space shall be available for proper storage of beds, cribs, 38
mats, cots, sleeping garments, and linens as well as designated space for each 39
child's personal belongings. 40
The Division of Child Development of the Department of Health and 41
Human Services shall establish and implement a policy that defines any 42
building which is currently approved for school occupancy and which houses 43
a public or private elementary or middle school to include the playgrounds 44
and athletic fields as part of the school building when that building is used to 45
serve school-age children in after-school out-of-school child care programs. 46
Playgrounds Except as provided in subdivision (6a) of this section, 47
playgrounds and athletic fields referenced in this section that do not meet 48
licensure standards promulgated by the North Carolina Child Care 49
Commission shall be noted on the program's licensure and rating 50
information." 51 General Assembly Of North Carolina Session 2025
DRS45257-LU-94 Page 5
SECTION 2.2.(a) G.S. 110-91 is amended by adding a new subdivision to read: 1
"(6a) Certain Exemptions for School-Age Children in Out-of-School Child Care. – 2
Notwithstanding any provision of law or rule to the contrary, any building and 3
grounds which are currently approved for school occupancy and which house 4
a public or private elementary or middle school shall be deemed to have met 5
the sanitation, fire, and building code requirements for a licensed child care 6
facility when the building and grounds are serving the same, or a subset of the 7
same, school-age children in an out-of-school child care program." 8
SECTION 2.2.(b) The Child Care Commission shall adopt or amend any rules to 9
ensure uniformity and consistency in application of the exemptions for school-age children in 10
out-of-school child care programs as provided in this section. 11
SECTION 2.3. G.S. 110-91(8) reads as rewritten: 12
"(8) Qualifications for Staff. – All child care center administrators shall be at least 13
21 years of age. All child care center administrators shall have the North 14
Carolina Early Childhood Administration Credential or its equivalent as 15
determined by the Department. Department or the School-Age Administration 16
Credential when providing school-age child care. All child care administrators 17
performing administrative duties as of the date this act becomes law and child 18
care administrators who assume administrative duties at any time after this act 19
becomes law and until September 1, 1998, shall obtain the required credential 20
by September 1, 2000. Child care administrators who assume administrative 21
duties after September 1, 1998, shall begin working toward the completion of 22
the North Carolina Early Childhood Administration Credential or its 23
equivalent equivalent, or the School-Age Administration Credential when 24
providing school-age child care, within six months after assuming 25
administrative duties and shall complete the credential or its equivalent within 26
two years after beginning work to complete the credential. Each child care 27
center shall be under the direction or supervision of a person meeting these 28
requirements. All staff counted toward meeting the required staff-child ratio 29
shall be at least 16 years of age, provided that persons younger than 18 years 30
of age work under the direct supervision of a credentialed staff person who is 31
at least 21 years of age. All lead teachers in a child care center shall have at 32
least a North Carolina Early Childhood Credential or its equivalent as 33
determined by the Department. Lead teachers shall be enrolled in the North 34
Carolina Early Childhood Credential coursework or its equivalent as 35
determined by the Department within six months after becoming employed as 36
a lead teacher or within six months after this act becomes law, whichever is 37
later, and shall complete the credential or its equivalent within 18 months after 38
enrollment. 39
For child care centers licensed to care for 200 or more children, the 40
Department, in collaboration with the North Carolina Institute for Early 41
Childhood Professional Development, shall establish categories to recognize 42
the levels of education achieved by child care center administrators and 43
teachers who perform administrative functions. The Department shall use 44
these categories to establish appropriate staffing based on the size of the center 45
and the individual staff responsibilities. 46
Effective January 1, 1998, an operator of a licensed family child care home 47
shall be at least 21 years old and have a high school diploma or its equivalent. 48
Operators of a family child care home licensed prior to January 1, 1998, shall 49
be at least 18 years of age and literate. Literate is defined as understanding 50
licensing requirements and having the ability to communicate with the family 51 General Assembly Of North Carolina Session 2025
Page 6 DRS45257-LU-94
and relevant emergency personnel. Any operator of a licensed family child 1
care home shall be the person on-site providing child care. 2
The Commission shall adopt standards to establish appropriate 3
qualifications for all staff in child care centers. These standards shall reflect 4
training, experience, education and credentialing and shall be appropriate for 5
the size center and the level of individual staff responsibilities. It is the intent 6
of this provision to guarantee that all children in child care are cared for by 7
qualified people. Pursuant to G.S. 110-106, no requirements may interfere 8
with the teachings or doctrine of any established religious organization. The 9
staff qualification requirements of this subdivision do not apply to 10
religious-sponsored child care facilities pursuant to G.S. 110-106." 11
SECTION 2.4. G.S. 110-98.5 reads as rewritten: 12
"§ 110-98.5. Care for school-age children during state of emergency. 13
Notwithstanding any provision of law or rule to the contrary, when remote or virtual learning 14
is required due to a declared state of emergency issued under G.S. 166A-19.20, the following 15
shall apply: 16
… 17
(3) Care provided to school-age children pursuant to this section is not considered 18
child care as defined under G.S. 110-86. However, if a program was licensed 19
prior to the state of emergency, it shall be deemed licensed during the state of 20
emergency whether it expands its capacity to provide services to more 21
children so long as it adheres to the staff to child ratios for licensure." 22
SECTION 2.5. The Weikart Youth Program Quality Assessment (Weikart Program) 23
shall be added as an assessment tool for evaluating out-of-school child care programs and 24
awarding of a star rating. The Department of Health and Human Services, Division of Child 25
Development and Early Education, shall complete the necessary crosswalk evaluation of the 26
Weikart Program and have it available for applicants to use not later than six months after the 27
date this act becomes law. 28
29
PART III. EFFECTIVE DATE 30
SECTION 3.1. This act is effective when it becomes law. 31