N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-1.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 418-1.13 - Staff qualifications

(a) Staff members must be qualified by training and experience to carry out their respective functions in the administration, operation and maintenance of the child day care center.

(1) Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

(2) Staff and volunteers must be in good physical and mental health and have the energy and emotional stability necessary to fulfill the responsibilities of their positions.

(b) Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following:

(1) a statement or summary of the applicant's employment history including, but not limited to, any relevant child-caring experience;

(2) the names, addresses and day time telephone numbers of at least two acceptable references, other than relatives, at least one of whom can verify employment history, work record and qualifications, and at least one of whom can attest to the applicant's character, habits and personal qualifications to be a child care center staff member;

(3) a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction and fingerprint images as required to comply with the requirements of Part 413.4 of this Title;

(4) the information necessary to determine whether the applicant is the subject of an indicated report of child abuse and maltreatment as required by section 418-1.10(b)(1)(i) of this Subpart;

(5) the information necessary to determine whether the applicant is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs, pursuant to section 495 of the Social Services Law, as required by section 418-1.10(b)(1)(ii) of this Subpart; and

(6) the information necessary to complete the criminal history review and background clearance requirements as outlined in this Part. This information must be submitted to the office on forms provided by the office.

(c) If an applicant discloses in the sworn statement furnished in accordance with section 418-1.13(b)(3) of this Subpart that he or she has been convicted of a misdemeanor or felony, the child day care center must inform the office and provide a copy of the statement to the office so the office may take appropriate action in conformance with the provisions of section 413.4 of this Title.

(d) Each center must have a staff person who meets the qualifications set forth in paragraph (g)(1) of this section to perform supervision functions for that center.

(e) In child day care centers where the licensed capacity is less than 45 children, a group teacher or assistant teacher may also perform administrative/fiscal management functions and/or supervision functions, provided that the qualifications for such positions as set forth in paragraph (g)(1) of this section have been met.

(f) In child day care centers where the licensed capacity is 45 or more children, the administrative/fiscal management functions and supervision functions may not be performed by a group teacher or assistant teacher.

(g) Minimum education and experience qualifications:

(1) to be qualified as a director, a person must possess either:

(i) a bachelor's degree, including or in addition to 12 credits in early childhood, child development or a related field; one year of full-time teaching experience in a child care center, family or group family day care home or other early childhood program; and one year of experience supervising staff in a child care program or a related field of work; or

(ii) a New York State children's program administrator credential; one year of full-time teaching experience in a child care center, family or group family day care home or other early childhood program; and one year of experience supervising staff in a child care program or a related field of work; or

(iii) an associate's degree in early childhood or related field, with a plan of study leading to a bachelor's degree or a New York State children's program administrator credential; two years of full-time teaching experience in a child care center, family or group family day care home or other early childhood program; and two years of experience supervising staff in a child care program or a related field of work; or

(iv) a child development associate credential or other office-recognized credential, with a plan of study leading to a bachelor's degree or a New York State children's program administrator credential; two years of full-time teaching experience in a child care center, family or group family day care home or other early childhood program; and two years of experience supervising staff in a child care program or a related field of work.

(2) To be qualified as a group teacher for a preschool class, a person must possess either:

(i) an associate's degree in early childhood, child development or related field; or

(ii) a child development associate credential or other office-recognized credential specific to the preschool developmental period; and one year experience related to caring for children; or

(iii) nine college credits in early childhood, child development or a related field, with a plan of study leading to a child development associate credential, other office-recognized credential specific to the preschool developmental period, or an associate's degree in early childhood, child development or a related field; and two years of experience related to caring for children.

(3) To be qualified as a group teacher for an infant or toddler class, a person must possess either:

(i) an associate's degree in early childhood, child development or a related field; and one year of experience related to caring for infants and toddlers; or

(ii) an infant and toddler child care and education credential, infant toddler child development associate credential or other office-recognized credential specific to the infant/toddler development period; and two years of experience related to caring for children; or

(iii) a child development associate credential; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers; or

(iv) nine college credits in early childhood, child development or a related field, with a plan of study leading to an infant and toddler child care and education credential, infant toddler child development associate credential, other office-recognized credential specific to the infant/toddler developmental period or an associate's degree in early childhood, child development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

(4) To be qualified as a group teacher for a school age class, a person must possess either:

(i) an associate's degree in child development, elementary education, physical education, recreation or related field; or

(ii) a school-age child care credential or other office-recognized credential specific to the school-age developmental period; and one year of experience working with children less than 13 years of age; or

(iii) a high school diploma or its equivalent; and two years of direct experience working with children less than 13 years of age.

(5) To be qualified as an assistant teacher to any age class, a person must possess either:

(i) a high school diploma or its equivalent; or

(ii) one year of experience working with children less than 13 years of age.

Education	Experience
Person responsible for program supervision functions (director)	Bachelor's degree including, or in addition to, 12 credits in early childhood, child development or related field	AND	One year of full-time teaching experience in a child day care center, family or group family day care home or other early childhood program
AND
One year of experience supervising staff in a child care program or a related field of work
OR
New York State children's program administrator credential	AND	One year of full-time teaching experience in a child day care center, family or group family day care home or other early childhood program
AND
One year of experience supervising staff in a child care program or a related field of work
OR
Associate's degree in early childhood or related field with a plan of study leading to: * a bachelor's degree; or * a New York State children's program administrator credential	AND	Two years of full-time teaching experience in a child day care center, family or group family day care home, or other early childhood program
AND
Two years of experience supervising staff in a child care program or a related field of work
OR
Child development associate credential or other office-recognized credential with a plan of study leading to: * a bachelor's degree; or * a New York State children's program administrator credential	AND	Two years of full-time teaching experience in a child day care center, family or group family day care home, or other early childhood program
AND
Two years of experience supervising staff in a child care program or a related field of work
Group teacher for preschoolers	Associate's degree in early childhood; child development or related field	AND	No additional experience necessary
OR
Child development associate credential or other office-recognized credential specific to the preschool developmental period	AND	One year of experience related to caring for children
OR
Nine college credits in early childhood, child development or a related field, with a plan of study leading to a: * child development associate credential; * other office-recognized credential specific to the preschool developmental period; or * associate's degree in early childhood, child development or a related field	AND	Two years experience related to caring for children
Group teacher for infants/toddlers	Associate's degree in early childhood, child development or related field	AND	One year of experience related to caring for infants and toddlers
OR
" infant and toddler child care and education credential; or * infant toddler child development associate credential; or * other office-recognized credential specific to the infant/toddler development period	AND	Two years of experience related to caring for children
OR
Child development associate credential	AND	Two years of experience caring for children, one of which must be related to caring for infants or toddlers
OR
Nine college credits in early childhood, child development or a related field, with a plan of study leading to a: * infant and toddler child care and education credential; or * infant toddler child development associate credential; or * other office-recognized credential specific to the infant/toddler development period; or * associate's degree in early childhood, child development or a related field	AND	Two years of experience related to caring for children, one of which must be related to working with infants or toddlers
Group teacher for school-age children	Associate's degree in child development, elementary education, physical education, recreation or a related field	AND	No additional experience required
OR
School-age child care credential or other office-recognized credential specific to the school-age developmental period	AND	One year of experience working with children less than 13 years of age
OR
High school diploma or its equivalent	AND	Two years of direct experience working with children less than 13 years of age
Assistant teacher (all age groups)	High school diploma or its equivalent	OR	One year of experience working with children less than 13 years of age

(h) The provisions of subdivision (g) of this section notwithstanding, persons holding positions in a child day care center prior to the effective date of these regulations who met the qualifications which were in effect at the time they were hired may continue to be employed in such positions.

(i) No person other than a director, group teacher or assistant teacher may supervise a group independently even for brief periods of time, except in an emergency.

(j) The minimum age of a staff person is 16 years of age.

(k)Plan of Study.

(1) All staff with plans of study, including plans of study permitted through a waiver request, must submit their approved plan and supporting enrollment documentation as directed by the office.

(2) All staff must maintain on site and submit, as directed by the office, documentation demonstrating continuous progress in their approved plan of study at least annually.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-1.13

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020