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