GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 528
Health Care Committee Substitute Adopted 4/9/25
Short Title: Child Care Regulatory Reforms & Flexibilities. (Public)
Sponsors:
Referred to:
March 26, 2025
*S528 -v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHILD CARE REGULATORY REFORMS AND PRO VIDE 2
FOR FLEXIBILITIES IN SCHOOL-AGE CHILD CARE. 3
The General Assembly of North Carolina enacts: 4
5
PART I. VARIOUS CHILD CARE REGULATORY RE FORMS 6
7
EXPERIENCE EQUIVALENCY FOR LEAD TEACHERS IN LICENSED CHILD CARE 8
SECTION 1.1. Section 8 of S.L. 2024-34 is amended by adding a new subsection to 9
read: 10
"SECTION 8.(a1) In modifying the quality rating improvement system (QRIS), the Division 11
of Child Development and Early Education shall ensure a North Carolina Early Childhood 12
Credential based on five years of work experience in a licensed child care facility in this State is 13
treated as equivalent to when that credential is earned through other pathways for purposes of 14
awarding a star rating." 15
SECTION 1.2. G.S. 110-91(8) reads as rewritten: 16
"(8) Qualifications for Staff. – Qualifications for child care staff are as follows: 17
a. All child care center administrators shall be at least 21 years of age. 18
All child care center administrators shall have the North Carolina 19
Early Childhood Administration Credential or its equivalent as 20
determined by the Department. All child care administrators 21
performing administrative duties as of the date this act becomes law 22
and child care administrators who assume administrative duties at any 23
time after this act becomes law and until September 1, 1998, shall 24
obtain the required credential by September 1, 2000. Child care 25
administrators who assume administrative duties after September 1, 26
1998, shall begin working toward the completion of the North Carolina 27
Early Childhood Administration Credential or its equivalent within six 28
months after assuming administrative duties and shall complete the 29
credential or its equivalent within two years after beginning work to 30
complete the credential. Each child care center shall be under the 31
direction or supervision of a person meeting these requirements. All 32
staff counted toward meeting the required staff-child ratio shall be at 33
least 16 years of age, provided that persons younger than 18 years of 34
age work under the direct supervision of a credentialed staff person 35
who is at least 21 years of age. 36 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 528-Second Edition
b. All lead teachers in a child care center shall have at least a North 1
Carolina Early Childhood Credential or its equivalent as determined 2
by the Department. Lead teachers shall either (i) be enrolled in the 3
North Carolina Early Childhood Credential coursework or its 4
equivalent as determined by the Department within six months after 5
becoming employed as a lead teacher or within six months after this 6
act becomes law, whichever is later, and shall complete the credential 7
or its equivalent within 18 months after enrollment.enrollment or (ii) 8
have a minimum of five years of documented experience teaching in a 9
licensed child care facility in this State which shall be deemed 10
equivalent to the North Carolina Early Childhood Credential. 11
c. For child care centers licensed to care for 200 or more children, the 12
Department, in collaboration with the North Carolina Institute for 13
Early Childhood Professional Development, shall establish categories 14
to recognize the levels of education achieved by child care center 15
administrators and teachers who perform administrative functions. 16
The Department shall use these categories to establish appropriate 17
staffing based on the size of the center and the individual staff 18
responsibilities. 19
d. Effective January 1, 1998, an operator of a licensed family child care 20
home shall be at least 21 years old and have a high school diploma or 21
its equivalent. Operators of a family child care home licensed prior to 22
January 1, 1998, shall be at least 18 years of age and literate. Literate 23
is defined as understanding licensing requirements and having the 24
ability to communicate with the family and relevant emergency 25
personnel. Any operator of a licensed family child care home shall be 26
the person on-site providing child care. 27
e. The Commission shall adopt standards to establish appropriate 28
qualifications for all staff in child care centers. These standards shall 29
reflect training, experience, education and credentialing and shall be 30
appropriate for the size center and the level of individual staff 31
responsibilities. It is the intent of this provision to guarantee that all 32
children in child care are cared for by qualified people. Pursuant to 33
G.S. 110-106, no requirements may interfere with the teachings or 34
doctrine of any established religious organization. The staff 35
qualification requirements of this subdivision do not apply to 36
religious-sponsored child care facilities pursuant to G.S. 110-106." 37
38
INCREASE CERTAIN MAXIMUM GROUP SIZES & REVISE NAP -TIME 39
SUPERVISION REQUIREMENTS IN CHILD CARE 40
SECTION 1.3. G.S. 110-91(7)a. reads as rewritten: 41
"a. The Commission shall adopt rules for child care centers regarding 42
staff-child ratios, group sizes and multi-age groupings other than for 43
infants and toddlers, provided that these rules shall be no less stringent 44
than those currently required for staff-child ratios as enacted in Section 45
156(e) of Chapter 757 of the 1985 Session Laws. 46
1. Except as otherwise provided in this subdivision, the 47
staff-child ratios and group sizes for infants and toddlers in 48
child care centers shall be no more than as follows: 49
Age Ratio Staff/Children Group Size 50
0 to 12 months 1/5 1015 51 General Assembly Of North Carolina Session 2025
Senate Bill 528-Second Edition Page 3
12 to 24 months 1/6 1218 1
2 to 3 years 1/10 20. 2
No child care center shall care for more than 25 children in one 3
group. Child care centers providing care for 26 or more 4
children shall provide for two or more groups according to the 5
ages of children and shall provide separate supervisory 6
personnel and separate identifiable space for each group. 7
1a. If a child care center is operating under voluntary enhanced 8
requirements, the maximum group size for toddlers aged 2 to 9
3 years may be increased from 18 to 20 children when the child 10
care center maintains a 1/9 staff-child ratio. 11
1b. If a child care center is operating under the highest voluntary 12
enhanced requirements, the child care center may use the 13
following maximum group sizes for infants and toddlers when 14
the child care center maintains staff-child ratios as provided 15
herein: 16
Age Ratio Staff/Children Group Size 17
0 to 12 months 1/4 12 18
12 to 24 months 1/5 15 19
2 to 3 years 1/8 20. 20
…." 21
22
CLARIFY RULES ON MULTIUSE CHILD CARE CENTERS 23
SECTION 1.4. The Department of Health and Human Services, Division of Child 24
Development and Early Education (Division), in coordination with the Child Care Commission, 25
shall work to clarify the rules governing multiuse child care centers to ensure each of the 26
following: 27
(1) Allow the use of existing buildings to house multiunit child care centers and 28
include mixed-age centers if they meet the requirements outlined in the rules 29
regarding multiunit child care centers. 30
(2) Grant individual licenses within a multiunit child care center based on the 31
square footage used by each owner. 32
Applicants who meet the pre-licensing guidelines and are awarded a license by the 33
Division shall be considered eligible to qualify as a tenant in a multiuse facility. 34
35
PART II. SCHOOL-AGE FLEXIBILITIES 36
SECTION 2.2.(a) G.S. 110-91 reads as rewritten: 37
"§ 110-91. Mandatory standards for a license. 38
All child care facilities shall comply with all State laws and federal laws and local ordinances 39
that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 40
standards in this section shall be complied with by all child care facilities. However, none 41
Notwithstanding any provision of law or rule to the contrary, any building and grounds which 42
are currently approved for school occupancy and which house a public or private elementary or 43
middle school shall be deemed to have met the space and equipment, sanitation, fire, and building 44
code requirements for a licensed child care facility when the building and grounds are serving 45
the same, or a subset of the same, school-age children in an out-of-school child care program. 46
None of the standards in this section apply to the school-age children of the operator of a child 47
care facility but do apply to the preschool-age children of the operator. Children 13 years of age 48
or older may receive child care on a voluntary basis provided all applicable required standards 49
are met. The standards in this section, along with any other applicable State laws and federal laws 50
or local ordinances, shall be the required standards for the issuance of a license by the Secretary 51 General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 528-Second Edition
under the policies and procedures of the Commission except that the Commission may, in its 1
discretion, adopt less stringent standards for the licensing of facilities which provide care on a 2
temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. 3
… 4
(6) Space and Equipment Requirements. – There shall be no less than 25 square 5
feet of indoor space for each child for which a child care center is licensed, 6
exclusive of closets, passageways, kitchens, and bathrooms, and this floor 7
space shall provide during rest periods 200 cubic feet of airspace per child for 8
which the center is licensed. There shall be adequate outdoor play area for 9
each child under rules adopted by the Commission which shall be related to 10
the size of center and the availability and location of outside land area. In no 11
event shall the minimum required exceed 75 square feet per child. The outdoor 12
area shall be protected to assure the safety of the children receiving child care 13
by an adequate fence or other protection. A center operated in a public school 14
shall be deemed to have adequate fencing protection. A center operating 15
exclusively during the evening and early morning hours, between 6:00 P.M. 16
and 6:00 A.M., need not meet the outdoor play area requirements mandated 17
by this subdivision. 18
Each child care facility shall provide indoor area equipment and 19
furnishings that are child size, sturdy, safe, and in good repair. Each child care 20
facility that provides outdoor area equipment and furnishings shall provide 21
outdoor area equipment and furnishings that are child size, sturdy, free of 22
hazards that pose a threat of serious injury to children while engaged in normal 23
play activities, and in good repair. The Commission shall adopt standards to 24
establish minimum requirements for equipment appropriate for the size of 25
child care facility. Space shall be available for proper storage of beds, cribs, 26
mats, cots, sleeping garments, and linens as well as designated space for each 27
child's personal belongings. 28
The Division of Child Development of the Department of Health and 29
Human Services shall establish and implement a policy that defines any 30
building which is currently approved for school occupancy and which houses 31
a public or private elementary or middle school to include the playgrounds 32
and athletic fields as part of the school building when that building is used to 33
serve school-age children in after-school out-of-school child care programs. 34
Playgrounds Except as otherwise provided in this section, playgrounds and 35
athletic fields referenced in this section that do not meet licensure standards 36
promulgated by the North Carolina Child Care Commission shall be noted on 37
the program's licensure and rating information. 38
…." 39
SECTION 2.2.(b) The Child Care Commission shall adopt or amend any rules to 40
ensure uniformity and consistency in application of the exemptions for school-age children in 41
out-of-school child care programs as provided in this section. 42
SECTION 2.3. G.S. 110-91(8) reads as rewritten: 43
"(8) Qualifications for Staff. – All child care center administrators shall be at least 44
21 years of age. All child care center administrators shall have the North 45
Carolina Early Childhood Administration Credential or its equivalent as 46
determined by the Department. Department or the School-Age Administration 47
Credential when exclusively providing school-age child care. All child care 48
administrators performing administrative duties as of the date this act becomes 49
law and child care administrators who assume administrative duties at any 50
time after this act becomes law and until September 1, 1998, shall obtain the 51 General Assembly Of North Carolina Session 2025
Senate Bill 528-Second Edition Page 5
required credential by September 1, 2000. Child care administrators who 1
assume administrative duties after September 1, 1998, shall begin working 2
toward the completion of the North Carolina Early Childhood Administration 3
Credential or its equivalent equivalent, or the School-Age Administration 4
Credential when exclusively providing school-age child care, within six 5
months after assuming administrative duties and shall complete the credential 6
or its equivalent within two years after beginning work to complete the 7
credential. Each child care center shall be under the direction or supervision 8
of a person meeting these requirements. All staff counted toward meeting the 9
required staff-child ratio shall be at least 16 years of age, provided that persons 10
younger than 18 years of age work under the direct supervision of a 11
credentialed staff person who is at least 21 years of age. All lead teachers in a 12
child care center shall have at least a North Carolina Early Childhood 13
Credential or its equivalent as determined by the Department. Lead teachers 14
shall be enrolled in the North Carolina Early Childhood Credential 15
coursework or its equivalent as determined by the Department within six 16
months after becoming employed as a lead teacher or within six months after 17
this act becomes law, whichever is later, and shall complete the credential or 18
its equivalent within 18 months after enrollment. 19
For child care centers licensed to care for 200 or more children, the 20
Department, in collaboration with the North Carolina Institute for Early 21
Childhood Professional Development, shall establish categories to recognize 22
the levels of education achieved by child care center administrators and 23
teachers who perform administrative functions. The Department shall use 24
these categories to establish appropriate staffing based on the size of the center 25
and the individual staff responsibilities. 26
Effective January 1, 1998, an operator of a licensed family child care home 27
shall be at least 21 years old and have a high school diploma or its equivalent. 28
Operators of a family child care home licensed prior to January 1, 1998, shall 29
be at least 18 years of age and literate. Literate is defined as understanding 30
licensing requirements and having the ability to communicate with the family 31
and relevant emergency personnel. Any operator of a licensed family child 32
care home shall be the person on-site providing child care. 33
The Commission shall adopt standards to establish appropriate 34
qualifications for all staff in child care centers. These standards shall reflect 35
training, experience, education and credentialing and shall be appropriate for 36
the size center and the level of individual staff responsibilities. It is the intent 37
of this provision to guarantee that all children in child care are cared for by 38
qualified people. Pursuant to G.S. 110-106, no requirements may interfere 39
with the teachings or doctrine of any established religious organization. The 40
staff qualification requirements of this subdivision do not apply to 41
religious-sponsored child care facilities pursuant to G.S. 110-106." 42
SECTION 2.4. G.S. 110-98.5 reads as rewritten: 43
"§ 110-98.5. Care for school-age children during state of emergency. 44
Notwithstanding any provision of law or rule to the contrary, when remote or virtual learning 45
is required due to a declared state of emergency issued under G.S. 166A-19.20, the following 46
shall apply: 47
… 48
(3) Care provided to school-age children pursuant to this section is not considered 49
child care as defined under G.S. 110-86. However, if a program was licensed 50
prior to the state of emergency, it shall be deemed licensed during the state of 51 General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 528-Second Edition
emergency whether it expands its capacity to provide services to more 1
children so long as it adheres to the staff-child ratios for licensure." 2
SECTION 2.5. The Weikart Youth Program Quality Assessment (Weikart Program) 3
shall be added as an assessment tool for evaluating out-of-school child care programs and 4
awarding of a star rating. The Department of Health and Human Services, Division of Child 5
Development and Early Education, shall complete the necessary crosswalk evaluation of the 6
Weikart Program and have it available for applicants to use not later than one year after the date 7
this act becomes law. 8
9
PART III. EFFECTIVE DATE 10
SECTION 3.1. This act is effective when it becomes law. 11