North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S528 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 3
	3	+	S 2
4	4		SENATE BILL 528
5	5		Health Care Committee Substitute Adopted 4/9/25
6		-	Third Edition Engrossed 4/15/25
7	6
8	7		Short Title: Child Care Regulatory Reforms & Flexibilities. (Public)
9	8		Sponsors:
10	9		Referred to:
11	10		March 26, 2025
12		-	S528 -v-3
	11	+	S528 -v-2
13	12		A BILL TO BE ENTITLED 1
14	13		AN ACT TO MAKE VARIOUS CHILD CARE REGULATORY REFORMS AND PRO VIDE 2
15	14		FOR FLEXIBILITIES IN SCHOOL-AGE CHILD CARE. 3
16	15		The General Assembly of North Carolina enacts: 4
17	16		5
18	17		PART I. VARIOUS CHILD CARE REGULATORY RE FORMS 6
19	18		7
20	19		EXPERIENCE EQUIVALENCY FOR LEAD TEACHERS IN LICENSED CHILD CARE 8
21	20		SECTION 1.1. Section 8 of S.L. 2024-34 is amended by adding a new subsection to 9
22	21		read: 10
23	22		"SECTION 8.(a1) In modifying the quality rating improvement system (QRIS), the Division 11
24	23		of Child Development and Early Education shall ensure a North Carolina Early Childhood 12
25	24		Credential based on five years of work experience in a licensed child care facility in this State is 13
26	25		treated as equivalent to when that credential is earned through other pathways for purposes of 14
27	26		awarding a star rating." 15
28	27		SECTION 1.2. G.S. 110-91(8) reads as rewritten: 16
29	28		"(8) Qualifications for Staff. – Qualifications for child care staff are as follows: 17
30	29		a. All child care center administrators shall be at least 21 years of age. 18
31	30		All child care center administrators shall have the North Carolina 19
32	31		Early Childhood Administration Credential or its equivalent as 20
33	32		determined by the Department. All child care administrators 21
34	33		performing administrative duties as of the date this act becomes law 22
35	34		and child care administrators who assume administrative duties at any 23
36	35		time after this act becomes law and until September 1, 1998, shall 24
37	36		obtain the required credential by September 1, 2000. Child care 25
38	37		administrators who assume administrative duties after September 1, 26
39	38		1998, shall begin working toward the completion of the North Carolina 27
40	39		Early Childhood Administration Credential or its equivalent within six 28
41	40		months after assuming administrative duties and shall complete the 29
42	41		credential or its equivalent within two years after beginning work to 30
43	42		complete the credential. Each child care center shall be under the 31
44	43		direction or supervision of a person meeting these requirements. All 32
45	44		staff counted toward meeting the required staff-child ratio shall be at 33
46		-	least 16 years of age, provided that persons younger than 18 years of 34 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 528-Third Edition
48		-	age work under the direct supervision of a credentialed staff person 1
49		-	who is at least 21 years of age. 2
50		-	b. All lead teachers in a child care center shall have at least a North 3
51		-	Carolina Early Childhood Credential or its equivalent as determined 4
52		-	by the Department. Lead teachers shall either (i) be enrolled in the 5
53		-	North Carolina Early Childhood Credential coursework or its 6
54		-	equivalent as determined by the Department within six months after 7
55		-	becoming employed as a lead teacher or within six months after this 8
56		-	act becomes law, whichever is later, and shall complete the credential 9
57		-	or its equivalent within 18 months after enrollment.enrollment or (ii) 10
58		-	have a minimum of five years of documented experience teaching in a 11
59		-	licensed child care facility in this State which shall be deemed 12
60		-	equivalent to the North Carolina Early Childhood Credential. 13
61		-	c. For child care centers licensed to care for 200 or more children, the 14
62		-	Department, in collaboration with the North Carolina Institute for 15
63		-	Early Childhood Professional Development, shall establish categories 16
64		-	to recognize the levels of education achieved by child care center 17
65		-	administrators and teachers who perform administrative functions. 18
66		-	The Department shall use these categories to establish appropriate 19
67		-	staffing based on the size of the center and the individual staff 20
68		-	responsibilities. 21
69		-	d. Effective January 1, 1998, an operator of a licensed family child care 22
70		-	home shall be at least 21 years old and have a high school diploma or 23
71		-	its equivalent. Operators of a family child care home licensed prior to 24
72		-	January 1, 1998, shall be at least 18 years of age and literate. Literate 25
73		-	is defined as understanding licensing requirements and having the 26
74		-	ability to communicate with the family and relevant emergency 27
75		-	personnel. Any operator of a licensed family child care home shall be 28
76		-	the person on-site providing child care. 29
77		-	e. The Commission shall adopt standards to establish appropriate 30
78		-	qualifications for all staff in child care centers. These standards shall 31
79		-	reflect training, experience, education and credentialing and shall be 32
80		-	appropriate for the size center and the level of individual staff 33
81		-	responsibilities. It is the intent of this provision to guarantee that all 34
82		-	children in child care are cared for by qualified people. Pursuant to 35
83		-	G.S. 110-106, no requirements may interfere with the teachings or 36
84		-	doctrine of any established religious organization. The staff 37
85		-	qualification requirements of this subdivision do not apply to 38
86		-	religious-sponsored child care facilities pursuant to G.S. 110-106." 39
87		-	40
88		-	INCREASE CERTAIN MAXIMUM GROUP SIZES & REVISE NAP -TIME 41
89		-	SUPERVISION REQUIREMENTS IN CHILD CARE 42
90		-	SECTION 1.3. G.S. 110-91(7)a. reads as rewritten: 43
91		-	"a. The Commission shall adopt rules for child care centers regarding 44
92		-	staff-child ratios, group sizes and multi-age groupings other than for 45
93		-	infants and toddlers, provided that these rules shall be no less stringent 46
94		-	than those currently required for staff-child ratios as enacted in Section 47
95		-	156(e) of Chapter 757 of the 1985 Session Laws. 48
96		-	1. Except as otherwise provided in this subdivision, the 49
97		-	staff-child ratios and group sizes for infants and toddlers in 50
98		-	child care centers shall be no more than as follows: 51 General Assembly Of North Carolina Session 2025
99		-	Senate Bill 528-Third Edition Page 3
100		-	Age Ratio Staff/Children Group Size 1
101		-	0 to 12 months 1/5 1015 2
102		-	12 to 24 months 1/6 1218 3
103		-	2 to 3 years 1/10 20. 4
104		-	No child care center shall care for more than 25 children in one 5
105		-	group. Child care centers providing care for 26 or more 6
106		-	children shall provide for two or more groups according to the 7
107		-	ages of children and shall provide separate supervisory 8
108		-	personnel and separate identifiable space for each group. 9
109		-	1a. If a child care center is operating under voluntary enhanced 10
110		-	requirements, the maximum group size for toddlers aged 2 to 11
111		-	3 years may be increased from 18 to 20 children when the child 12
112		-	care center maintains a 1/9 staff-child ratio. 13
113		-	1b. If a child care center is operating under the highest voluntary 14
114		-	enhanced requirements, the child care center may use the 15
115		-	following maximum group sizes for infants and toddlers when 16
116		-	the child care center maintains staff-child ratios as provided 17
117		-	herein: 18
118		-	Age Ratio Staff/Children Group Size 19
119		-	0 to 12 months 1/4 12 20
120		-	12 to 24 months 1/5 15 21
121		-	2 to 3 years 1/8 20. 22
122		-	…." 23
123		-	24
124		-	CLARIFY RULES ON MULTIUSE CHILD CARE CENTERS 25
125		-	SECTION 1.4. The Department of Health and Human Services, Division of Child 26
126		-	Development and Early Education (Division), in coordination with the Child Care Commission, 27
127		-	shall work to clarify the rules governing multiuse child care centers to ensure each of the 28
128		-	following: 29
129		-	(1) Allow the use of existing buildings to house multiunit child care centers and 30
130		-	include mixed-age centers if they meet the requirements outlined in the rules 31
131		-	regarding multiunit child care centers. 32
132		-	(2) Grant individual licenses within a multiunit child care center based on the 33
133		-	square footage used by each owner. 34
134		-	Applicants who meet the pre-licensing guidelines and are awarded a license by the 35
135		-	Division shall be considered eligible to qualify as a tenant in a multiuse facility. 36
136		-	37
137		-	PART II. SCHOOL-AGE FLEXIBILITIES 38
138		-	SECTION 2.2.(a) G.S. 110-91 reads as rewritten: 39
139		-	"§ 110-91. Mandatory standards for a license. 40
140		-	All child care facilities shall comply with all State laws and federal laws and local ordinances 41
141		-	that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 42
142		-	standards in this section shall be complied with by all child care facilities. However, none 43
143		-	Notwithstanding any provision of law or rule to the contrary, any building and grounds which 44
144		-	are currently approved for school occupancy and which house a public or private elementary or 45
145		-	middle school shall be deemed to have met the space and equipment, sanitation, fire, and building 46
146		-	code requirements for a licensed child care facility when the building and grounds are serving 47
147		-	the same, or a subset of the same, school-age children in an out-of-school child care program. 48
148		-	None of the standards in this section apply to the school-age children of the operator of a child 49
149		-	care facility but do apply to the preschool-age children of the operator. Children 13 years of age 50
150		-	or older may receive child care on a voluntary basis provided all applicable required standards 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 Senate Bill 528-Third Edition
152		-	are met. The standards in this section, along with any other applicable State laws and federal laws 1
153		-	or local ordinances, shall be the required standards for the issuance of a license by the Secretary 2
154		-	under the policies and procedures of the Commission except that the Commission may, in its 3
155		-	discretion, adopt less stringent standards for the licensing of facilities which provide care on a 4
156		-	temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. 5
157		-	… 6
158		-	(6) Space and Equipment Requirements. – There shall be no less than 25 square 7
159		-	feet of indoor space for each child for which a child care center is licensed, 8
160		-	exclusive of closets, passageways, kitchens, and bathrooms, and this floor 9
161		-	space shall provide during rest periods 200 cubic feet of airspace per child for 10
162		-	which the center is licensed. There shall be adequate outdoor play area for 11
163		-	each child under rules adopted by the Commission which shall be related to 12
164		-	the size of center and the availability and location of outside land area. In no 13
165		-	event shall the minimum required exceed 75 square feet per child. The outdoor 14
166		-	area shall be protected to assure the safety of the children receiving child care 15
167		-	by an adequate fence or other protection. A center operated in a public school 16
168		-	shall be deemed to have adequate fencing protection. A center operating 17
169		-	exclusively during the evening and early morning hours, between 6:00 P.M. 18
170		-	and 6:00 A.M., need not meet the outdoor play area requirements mandated 19
171		-	by this subdivision. 20
172		-	Each child care facility shall provide indoor area equipment and 21
173		-	furnishings that are child size, sturdy, safe, and in good repair. Each child care 22
174		-	facility that provides outdoor area equipment and furnishings shall provide 23
175		-	outdoor area equipment and furnishings that are child size, sturdy, free of 24
176		-	hazards that pose a threat of serious injury to children while engaged in normal 25
177		-	play activities, and in good repair. The Commission shall adopt standards to 26
178		-	establish minimum requirements for equipment appropriate for the size of 27
179		-	child care facility. Space shall be available for proper storage of beds, cribs, 28
180		-	mats, cots, sleeping garments, and linens as well as designated space for each 29
181		-	child's personal belongings. 30
182		-	The Division of Child Development of the Department of Health and 31
183		-	Human Services shall establish and implement a policy that defines any 32
184		-	building which is currently approved for school occupancy and which houses 33
185		-	a public or private elementary or middle school to include the playgrounds 34
186		-	and athletic fields as part of the school building when that building is used to 35
187		-	serve school-age children in after-school out-of-school child care programs. 36
188		-	Playgrounds Except as otherwise provided in this section, playgrounds and 37
189		-	athletic fields referenced in this section that do not meet licensure standards 38
190		-	promulgated by the North Carolina Child Care Commission shall be noted on 39
191		-	the program's licensure and rating information. 40
192		-	…." 41
193		-	SECTION 2.2.(b) The Child Care Commission shall adopt or amend any rules to 42
194		-	ensure uniformity and consistency in application of the exemptions for school-age children in 43
195		-	out-of-school child care programs as provided in this section. 44
196		-	SECTION 2.3. G.S. 110-91(8) reads as rewritten: 45
197		-	"(8) Qualifications for Staff. – All child care center administrators shall be at least 46
198		-	21 years of age. All child care center administrators shall have the North 47
199		-	Carolina Early Childhood Administration Credential or its equivalent as 48
200		-	determined by the Department. Department or the School-Age Administration 49
201		-	Credential when exclusively providing school-age child care. All child care 50
202		-	administrators performing administrative duties as of the date this act becomes 51 General Assembly Of North Carolina Session 2025
203		-	Senate Bill 528-Third Edition Page 5
204		-	law and child care administrators who assume administrative duties at any 1
205		-	time after this act becomes law and until September 1, 1998, shall obtain the 2
206		-	required credential by September 1, 2000. Child care administrators who 3
207		-	assume administrative duties after September 1, 1998, shall begin working 4
208		-	toward the completion of the North Carolina Early Childhood Administration 5
209		-	Credential or its equivalent equivalent, or the School-Age Administration 6
210		-	Credential when exclusively providing school-age child care, within six 7
211		-	months after assuming administrative duties and shall complete the credential 8
212		-	or its equivalent within two years after beginning work to complete the 9
213		-	credential. Each child care center shall be under the direction or supervision 10
214		-	of a person meeting these requirements. All staff counted toward meeting the 11
215		-	required staff-child ratio shall be at least 16 years of age, provided that persons 12
216		-	younger than 18 years of age work under the direct supervision of a 13
217		-	credentialed staff person who is at least 21 years of age. All lead teachers in a 14
218		-	child care center shall have at least a North Carolina Early Childhood 15
219		-	Credential or its equivalent as determined by the Department. Lead teachers 16
220		-	shall be enrolled in the North Carolina Early Childhood Credential 17
221		-	coursework or its equivalent as determined by the Department within six 18
222		-	months after becoming employed as a lead teacher or within six months after 19
223		-	this act becomes law, whichever is later, and shall complete the credential or 20
224		-	its equivalent within 18 months after enrollment. 21
225		-	For child care centers licensed to care for 200 or more children, the 22
226		-	Department, in collaboration with the North Carolina Institute for Early 23
227		-	Childhood Professional Development, shall establish categories to recognize 24
228		-	the levels of education achieved by child care center administrators and 25
229		-	teachers who perform administrative functions. The Department shall use 26
230		-	these categories to establish appropriate staffing based on the size of the center 27
231		-	and the individual staff responsibilities. 28
232		-	Effective January 1, 1998, an operator of a licensed family child care home 29
233		-	shall be at least 21 years old and have a high school diploma or its equivalent. 30
234		-	Operators of a family child care home licensed prior to January 1, 1998, shall 31
235		-	be at least 18 years of age and literate. Literate is defined as understanding 32
236		-	licensing requirements and having the ability to communicate with the family 33
237		-	and relevant emergency personnel. Any operator of a licensed family child 34
238		-	care home shall be the person on-site providing child care. 35
239		-	The Commission shall adopt standards to establish appropriate 36
240		-	qualifications for all staff in child care centers. These standards shall reflect 37
241		-	training, experience, education and credentialing and shall be appropriate for 38
242		-	the size center and the level of individual staff responsibilities. It is the intent 39
243		-	of this provision to guarantee that all children in child care are cared for by 40
244		-	qualified people. Pursuant to G.S. 110-106, no requirements may interfere 41
245		-	with the teachings or doctrine of any established religious organization. The 42
246		-	staff qualification requirements of this subdivision do not apply to 43
247		-	religious-sponsored child care facilities pursuant to G.S. 110-106." 44
248		-	SECTION 2.4. G.S. 110-98.5 reads as rewritten: 45
249		-	"§ 110-98.5. Care for school-age children during state of emergency. 46
250		-	Notwithstanding any provision of law or rule to the contrary, when remote or virtual learning 47
251		-	is required due to a declared state of emergency issued under G.S. 166A-19.20, the following 48
252		-	shall apply: 49
253		-	… 50 General Assembly Of North Carolina Session 2025
254		-	Page 6 Senate Bill 528-Third Edition
255		-	(3) Care provided to school-age children pursuant to this section is not considered 1
256		-	child care as defined under G.S. 110-86. However, if a program was licensed 2
257		-	prior to the state of emergency, it shall be deemed licensed during the state of 3
258		-	emergency whether it expands its capacity to provide services to more 4
259		-	children so long as it adheres to the staff-child ratios for licensure." 5
260		-	SECTION 2.5. The Weikart Youth Program Quality Assessment (Weikart Program) 6
261		-	shall be added as an assessment tool for evaluating out-of-school child care programs and 7
262		-	awarding of a star rating. The Department of Health and Human Services, Division of Child 8
263		-	Development and Early Education, shall complete the necessary crosswalk evaluation of the 9
264		-	Weikart Program and have it available for applicants to use not later than one year after the date 10
265		-	this act becomes law. 11
266		-	12
267		-	PART II-A. ESTABLISH WORKGROUP TO EX AMINE STREAMLINING 13
268		-	REGULATORY REQUIREME NTS FOR PHYSICAL STR UCTURES OF LICENSED 14
269		-	CHILDCARE FACILITIES 15
270		-	SECTION 2A.1. The Division of Child Development and Early Education (the 16
271		-	Division) shall establish the Licensed Childcare Licensure Workgroup to examine streamlining 17
272		-	regulatory requirements related to the physical structures of licensed childcare facilities. The 18
273		-	workgroup shall consist of at least one representative from each of the following: 19
274		-	(1) The Division of Child Development and Early Education. 20
275		-	(2) The Office of the State Fire Marshal. 21
276		-	(3) The Department of Insurance. 22
277		-	(4) The North Carolina Building Code Council. 23
278		-	(5) The Division of Public Health. 24
279		-	(6) The League of Municipalities. 25
280		-	(7) The North Carolina Association of County Commissioners. 26
281		-	(8) N.C. Licensed Child Care Association. 27
282		-	(9) The North Carolina Child Care Commission. 28
283		-	(10) Other representatives deemed necessary by the Division. 29
284		-	The Division shall appoint two individuals to serve as co-chairs of the workgroup. 30
285		-	Each entity above shall choose the individual or individuals to serve on the workgroup 31
286		-	in a number to be determined by the Division. 32
287		-	SECTION 2A.2. The work group shall develop findings and recommendations 33
288		-	related to at least the following: 34
289		-	(1) Streamlining the regulatory requirements related to the physical structures of 35
290		-	licensed childcare facilities, including building codes, fire codes, and 36
291		-	sanitation codes. 37
292		-	(2) Resolving conflicts between various code requirements for licensed childcare 38
293		-	facilities. 39
294		-	SECTION 2A.3. The Division of Child Development and Early Education shall 40
295		-	report the findings and recommendations of the work group to the Joint Legislative Oversight 41
296		-	Committee on Health and Human Services, the Joint Legislative Oversight Committee on 42
297		-	General Government, and the Fiscal Research Division no later than one year after this act 43
298		-	becomes law. 44
299		-	45
300		-	PART III. EFFECTIVE DATE 46
301		-	SECTION 3.1. This act is effective when it becomes law. 47
	45	+	least 16 years of age, provided that persons younger than 18 years of 34
	46	+	age work under the direct supervision of a credentialed staff person 35
	47	+	who is at least 21 years of age. 36 General Assembly Of North Carolina Session 2025
	48	+	Page 2 Senate Bill 528-Second Edition
	49	+	b. All lead teachers in a child care center shall have at least a North 1
	50	+	Carolina Early Childhood Credential or its equivalent as determined 2
	51	+	by the Department. Lead teachers shall either (i) be enrolled in the 3
	52	+	North Carolina Early Childhood Credential coursework or its 4
	53	+	equivalent as determined by the Department within six months after 5
	54	+	becoming employed as a lead teacher or within six months after this 6
	55	+	act becomes law, whichever is later, and shall complete the credential 7
	56	+	or its equivalent within 18 months after enrollment.enrollment or (ii) 8
	57	+	have a minimum of five years of documented experience teaching in a 9
	58	+	licensed child care facility in this State which shall be deemed 10
	59	+	equivalent to the North Carolina Early Childhood Credential. 11
	60	+	c. For child care centers licensed to care for 200 or more children, the 12
	61	+	Department, in collaboration with the North Carolina Institute for 13
	62	+	Early Childhood Professional Development, shall establish categories 14
	63	+	to recognize the levels of education achieved by child care center 15
	64	+	administrators and teachers who perform administrative functions. 16
	65	+	The Department shall use these categories to establish appropriate 17
	66	+	staffing based on the size of the center and the individual staff 18
	67	+	responsibilities. 19
	68	+	d. Effective January 1, 1998, an operator of a licensed family child care 20
	69	+	home shall be at least 21 years old and have a high school diploma or 21
	70	+	its equivalent. Operators of a family child care home licensed prior to 22
	71	+	January 1, 1998, shall be at least 18 years of age and literate. Literate 23
	72	+	is defined as understanding licensing requirements and having the 24
	73	+	ability to communicate with the family and relevant emergency 25
	74	+	personnel. Any operator of a licensed family child care home shall be 26
	75	+	the person on-site providing child care. 27
	76	+	e. The Commission shall adopt standards to establish appropriate 28
	77	+	qualifications for all staff in child care centers. These standards shall 29
	78	+	reflect training, experience, education and credentialing and shall be 30
	79	+	appropriate for the size center and the level of individual staff 31
	80	+	responsibilities. It is the intent of this provision to guarantee that all 32
	81	+	children in child care are cared for by qualified people. Pursuant to 33
	82	+	G.S. 110-106, no requirements may interfere with the teachings or 34
	83	+	doctrine of any established religious organization. The staff 35
	84	+	qualification requirements of this subdivision do not apply to 36
	85	+	religious-sponsored child care facilities pursuant to G.S. 110-106." 37
	86	+	38
	87	+	INCREASE CERTAIN MAXIMUM GROUP SIZES & REVISE NAP -TIME 39
	88	+	SUPERVISION REQUIREMENTS IN CHILD CARE 40
	89	+	SECTION 1.3. G.S. 110-91(7)a. reads as rewritten: 41
	90	+	"a. The Commission shall adopt rules for child care centers regarding 42
	91	+	staff-child ratios, group sizes and multi-age groupings other than for 43
	92	+	infants and toddlers, provided that these rules shall be no less stringent 44
	93	+	than those currently required for staff-child ratios as enacted in Section 45
	94	+	156(e) of Chapter 757 of the 1985 Session Laws. 46
	95	+	1. Except as otherwise provided in this subdivision, the 47
	96	+	staff-child ratios and group sizes for infants and toddlers in 48
	97	+	child care centers shall be no more than as follows: 49
	98	+	Age Ratio Staff/Children Group Size 50
	99	+	0 to 12 months 1/5 1015 51 General Assembly Of North Carolina Session 2025
	100	+	Senate Bill 528-Second Edition Page 3
	101	+	12 to 24 months 1/6 1218 1
	102	+	2 to 3 years 1/10 20. 2
	103	+	No child care center shall care for more than 25 children in one 3
	104	+	group. Child care centers providing care for 26 or more 4
	105	+	children shall provide for two or more groups according to the 5
	106	+	ages of children and shall provide separate supervisory 6
	107	+	personnel and separate identifiable space for each group. 7
	108	+	1a. If a child care center is operating under voluntary enhanced 8
	109	+	requirements, the maximum group size for toddlers aged 2 to 9
	110	+	3 years may be increased from 18 to 20 children when the child 10
	111	+	care center maintains a 1/9 staff-child ratio. 11
	112	+	1b. If a child care center is operating under the highest voluntary 12
	113	+	enhanced requirements, the child care center may use the 13
	114	+	following maximum group sizes for infants and toddlers when 14
	115	+	the child care center maintains staff-child ratios as provided 15
	116	+	herein: 16
	117	+	Age Ratio Staff/Children Group Size 17
	118	+	0 to 12 months 1/4 12 18
	119	+	12 to 24 months 1/5 15 19
	120	+	2 to 3 years 1/8 20. 20
	121	+	…." 21
	122	+	22
	123	+	CLARIFY RULES ON MULTIUSE CHILD CARE CENTERS 23
	124	+	SECTION 1.4. The Department of Health and Human Services, Division of Child 24
	125	+	Development and Early Education (Division), in coordination with the Child Care Commission, 25
	126	+	shall work to clarify the rules governing multiuse child care centers to ensure each of the 26
	127	+	following: 27
	128	+	(1) Allow the use of existing buildings to house multiunit child care centers and 28
	129	+	include mixed-age centers if they meet the requirements outlined in the rules 29
	130	+	regarding multiunit child care centers. 30
	131	+	(2) Grant individual licenses within a multiunit child care center based on the 31
	132	+	square footage used by each owner. 32
	133	+	Applicants who meet the pre-licensing guidelines and are awarded a license by the 33
	134	+	Division shall be considered eligible to qualify as a tenant in a multiuse facility. 34
	135	+	35
	136	+	PART II. SCHOOL-AGE FLEXIBILITIES 36
	137	+	SECTION 2.2.(a) G.S. 110-91 reads as rewritten: 37
	138	+	"§ 110-91. Mandatory standards for a license. 38
	139	+	All child care facilities shall comply with all State laws and federal laws and local ordinances 39
	140	+	that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 40
	141	+	standards in this section shall be complied with by all child care facilities. However, none 41
	142	+	Notwithstanding any provision of law or rule to the contrary, any building and grounds which 42
	143	+	are currently approved for school occupancy and which house a public or private elementary or 43
	144	+	middle school shall be deemed to have met the space and equipment, sanitation, fire, and building 44
	145	+	code requirements for a licensed child care facility when the building and grounds are serving 45
	146	+	the same, or a subset of the same, school-age children in an out-of-school child care program. 46
	147	+	None of the standards in this section apply to the school-age children of the operator of a child 47
	148	+	care facility but do apply to the preschool-age children of the operator. Children 13 years of age 48
	149	+	or older may receive child care on a voluntary basis provided all applicable required standards 49
	150	+	are met. The standards in this section, along with any other applicable State laws and federal laws 50
	151	+	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
	152	+	Page 4 Senate Bill 528-Second Edition
	153	+	under the policies and procedures of the Commission except that the Commission may, in its 1
	154	+	discretion, adopt less stringent standards for the licensing of facilities which provide care on a 2
	155	+	temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. 3
	156	+	… 4
	157	+	(6) Space and Equipment Requirements. – There shall be no less than 25 square 5
	158	+	feet of indoor space for each child for which a child care center is licensed, 6
	159	+	exclusive of closets, passageways, kitchens, and bathrooms, and this floor 7
	160	+	space shall provide during rest periods 200 cubic feet of airspace per child for 8
	161	+	which the center is licensed. There shall be adequate outdoor play area for 9
	162	+	each child under rules adopted by the Commission which shall be related to 10
	163	+	the size of center and the availability and location of outside land area. In no 11
	164	+	event shall the minimum required exceed 75 square feet per child. The outdoor 12
	165	+	area shall be protected to assure the safety of the children receiving child care 13
	166	+	by an adequate fence or other protection. A center operated in a public school 14
	167	+	shall be deemed to have adequate fencing protection. A center operating 15
	168	+	exclusively during the evening and early morning hours, between 6:00 P.M. 16
	169	+	and 6:00 A.M., need not meet the outdoor play area requirements mandated 17
	170	+	by this subdivision. 18
	171	+	Each child care facility shall provide indoor area equipment and 19
	172	+	furnishings that are child size, sturdy, safe, and in good repair. Each child care 20
	173	+	facility that provides outdoor area equipment and furnishings shall provide 21
	174	+	outdoor area equipment and furnishings that are child size, sturdy, free of 22
	175	+	hazards that pose a threat of serious injury to children while engaged in normal 23
	176	+	play activities, and in good repair. The Commission shall adopt standards to 24
	177	+	establish minimum requirements for equipment appropriate for the size of 25
	178	+	child care facility. Space shall be available for proper storage of beds, cribs, 26
	179	+	mats, cots, sleeping garments, and linens as well as designated space for each 27
	180	+	child's personal belongings. 28
	181	+	The Division of Child Development of the Department of Health and 29
	182	+	Human Services shall establish and implement a policy that defines any 30
	183	+	building which is currently approved for school occupancy and which houses 31
	184	+	a public or private elementary or middle school to include the playgrounds 32
	185	+	and athletic fields as part of the school building when that building is used to 33
	186	+	serve school-age children in after-school out-of-school child care programs. 34
	187	+	Playgrounds Except as otherwise provided in this section, playgrounds and 35
	188	+	athletic fields referenced in this section that do not meet licensure standards 36
	189	+	promulgated by the North Carolina Child Care Commission shall be noted on 37
	190	+	the program's licensure and rating information. 38
	191	+	…." 39
	192	+	SECTION 2.2.(b) The Child Care Commission shall adopt or amend any rules to 40
	193	+	ensure uniformity and consistency in application of the exemptions for school-age children in 41
	194	+	out-of-school child care programs as provided in this section. 42
	195	+	SECTION 2.3. G.S. 110-91(8) reads as rewritten: 43
	196	+	"(8) Qualifications for Staff. – All child care center administrators shall be at least 44
	197	+	21 years of age. All child care center administrators shall have the North 45
	198	+	Carolina Early Childhood Administration Credential or its equivalent as 46
	199	+	determined by the Department. Department or the School-Age Administration 47
	200	+	Credential when exclusively providing school-age child care. All child care 48
	201	+	administrators performing administrative duties as of the date this act becomes 49
	202	+	law and child care administrators who assume administrative duties at any 50
	203	+	time after this act becomes law and until September 1, 1998, shall obtain the 51 General Assembly Of North Carolina Session 2025
	204	+	Senate Bill 528-Second Edition Page 5
	205	+	required credential by September 1, 2000. Child care administrators who 1
	206	+	assume administrative duties after September 1, 1998, shall begin working 2
	207	+	toward the completion of the North Carolina Early Childhood Administration 3
	208	+	Credential or its equivalent equivalent, or the School-Age Administration 4
	209	+	Credential when exclusively providing school-age child care, within six 5
	210	+	months after assuming administrative duties and shall complete the credential 6
	211	+	or its equivalent within two years after beginning work to complete the 7
	212	+	credential. Each child care center shall be under the direction or supervision 8
	213	+	of a person meeting these requirements. All staff counted toward meeting the 9
	214	+	required staff-child ratio shall be at least 16 years of age, provided that persons 10
	215	+	younger than 18 years of age work under the direct supervision of a 11
	216	+	credentialed staff person who is at least 21 years of age. All lead teachers in a 12
	217	+	child care center shall have at least a North Carolina Early Childhood 13
	218	+	Credential or its equivalent as determined by the Department. Lead teachers 14
	219	+	shall be enrolled in the North Carolina Early Childhood Credential 15
	220	+	coursework or its equivalent as determined by the Department within six 16
	221	+	months after becoming employed as a lead teacher or within six months after 17
	222	+	this act becomes law, whichever is later, and shall complete the credential or 18
	223	+	its equivalent within 18 months after enrollment. 19
	224	+	For child care centers licensed to care for 200 or more children, the 20
	225	+	Department, in collaboration with the North Carolina Institute for Early 21
	226	+	Childhood Professional Development, shall establish categories to recognize 22
	227	+	the levels of education achieved by child care center administrators and 23
	228	+	teachers who perform administrative functions. The Department shall use 24
	229	+	these categories to establish appropriate staffing based on the size of the center 25
	230	+	and the individual staff responsibilities. 26
	231	+	Effective January 1, 1998, an operator of a licensed family child care home 27
	232	+	shall be at least 21 years old and have a high school diploma or its equivalent. 28
	233	+	Operators of a family child care home licensed prior to January 1, 1998, shall 29
	234	+	be at least 18 years of age and literate. Literate is defined as understanding 30
	235	+	licensing requirements and having the ability to communicate with the family 31
	236	+	and relevant emergency personnel. Any operator of a licensed family child 32
	237	+	care home shall be the person on-site providing child care. 33
	238	+	The Commission shall adopt standards to establish appropriate 34
	239	+	qualifications for all staff in child care centers. These standards shall reflect 35
	240	+	training, experience, education and credentialing and shall be appropriate for 36
	241	+	the size center and the level of individual staff responsibilities. It is the intent 37
	242	+	of this provision to guarantee that all children in child care are cared for by 38
	243	+	qualified people. Pursuant to G.S. 110-106, no requirements may interfere 39
	244	+	with the teachings or doctrine of any established religious organization. The 40
	245	+	staff qualification requirements of this subdivision do not apply to 41
	246	+	religious-sponsored child care facilities pursuant to G.S. 110-106." 42
	247	+	SECTION 2.4. G.S. 110-98.5 reads as rewritten: 43
	248	+	"§ 110-98.5. Care for school-age children during state of emergency. 44
	249	+	Notwithstanding any provision of law or rule to the contrary, when remote or virtual learning 45
	250	+	is required due to a declared state of emergency issued under G.S. 166A-19.20, the following 46
	251	+	shall apply: 47
	252	+	… 48
	253	+	(3) Care provided to school-age children pursuant to this section is not considered 49
	254	+	child care as defined under G.S. 110-86. However, if a program was licensed 50
	255	+	prior to the state of emergency, it shall be deemed licensed during the state of 51 General Assembly Of North Carolina Session 2025
	256	+	Page 6 Senate Bill 528-Second Edition
	257	+	emergency whether it expands its capacity to provide services to more 1
	258	+	children so long as it adheres to the staff-child ratios for licensure." 2
	259	+	SECTION 2.5. The Weikart Youth Program Quality Assessment (Weikart Program) 3
	260	+	shall be added as an assessment tool for evaluating out-of-school child care programs and 4
	261	+	awarding of a star rating. The Department of Health and Human Services, Division of Child 5
	262	+	Development and Early Education, shall complete the necessary crosswalk evaluation of the 6
	263	+	Weikart Program and have it available for applicants to use not later than one year after the date 7
	264	+	this act becomes law. 8
	265	+	9
	266	+	PART III. EFFECTIVE DATE 10
	267	+	SECTION 3.1. This act is effective when it becomes law. 11