SB 528 — Health and Human Services Revisions.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 21 SENATE BILL 528 Health Care Committee Substitute Adopted 4/9/25 Short Title:

Senators Burgin, Galey, and Corbin (Primary Sponsors).

Rules and Operations of the Senate March 26, 2025 A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS CHILD CARE REGULATORY REFORMS AND PROVIDE FOR FLEXIBILITIES IN SCHOOL-AGE CHILD CARE.

VARIOUS CHILD CARE REGULATORY REFORMS 8 EXPERIENCE EQUIVALENCY FOR LEAD TEACHERS INLICENSEDCHILDCARE SECTION 1.1.1.1.(a) G.S.

Section110-90(4) 8reads ofas S.L.rewritten:

2024-34"(4) isTo amendedissue by adding a newrated subsectionlicense to read:any child care facility which meets the standards established by this Article as follows:

"SECTION8.(a1)a. Inmodifyingthequalityratingimprovementsystem(QRIS),theDivision of Child Development and Early Education shall ensure a North Carolina Early Childhood Credential based on five years of work experience in a licensed child care facility in this State is treated as equivalent to when that credential is earned through other pathways for purposes of awarding a star rating." SECTION 1.2.

For any child care facility currently holding a license of two to five stars or any new license issued to a child care facility with a rating of two to five stars, the ratingshall be based on (i) program standards and (ii) education levels of staff.

When evaluating program standards, the Department shall consider the facility's staff/child ratios, space requirements, continuous quality improvement standards, family and community engagement practices, environmental rating scale evaluations, curriculum, child observation and assessment, staff coaching or mentoring, or accreditation by a national or regional accrediting agency with early childhood standards.

When evaluating education levels of staff, the Department shall consider any early childhood and child development coursework, early childhood education certificates, Child Development Associate credentials, associate or bachelor's degrees, continuous quality improvement standards for staff, continuing education units, early childhood education competency evaluations, work experience in child care, including staff granted the North Carolina EarlyChildhood Credential based on experience pursuant to G.S.

110-91, coaching or mentoring completed, and education standards within an accreditation award.

…." SECTION 1.1.(b) Section 8 of S.L.

2024-34 is amended byadding a new subsection to read:

"SECTION8.(a1) Inmodifyingthequalityratingimprovementsystem(QRIS),theDivision of Child Development and Early Education shall ensure a North Carolina Early Childhood Credential based on five years of work experience in a licensed child care facility in this State is *S528-v-1* General Assembly Of North Carolina Session 2025 treated as equivalent to when that credential is earned through other pathways for purposes of awarding a star rating." SECTION 1.2.

*S528-v-2* General Assembly Of North Carolina Session 2025 b.

Page 2 Senate Bill 528-First Edition General Assembly Of North Carolina Session 2025 e.

Except as otherwise provided in this subdivision, the minimum staff-child ratios and group sizes for infants and toddlers in child care centers shall be no moreless stringent than as follows:

Age Ratio Staff/Children Group Size 0 to 12 months 1/5 1015 Page 2 Senate Bill 528-Second Edition General Assembly Of North Carolina Session 2025 12 to 24 months 1/6 1218 2 to 3 years 1/10 20.

…."1c. CLARIFY RULES ON MULTIUSE CHILD CARE CENTERS SECTION 1.4.

For groups of children 1 year of age or older, the staff-child ratio during nap time shall comply with the requirements of rules adopted by the Commission if (i) at least one person remains in the room, (ii) all children are visible to that person, and (iii) the total number of required staff are on the premises and within calling distance of the rooms occupied by children.

…." Senate Bill 528-First Edition Page 3 General Assembly Of North Carolina Session 2025 2 CLARIFY RULES ON MULTIUSE CHILD CARE CENTERS SECTION 1.4.

(2) Grant individualaccess licensesto withinapplicants awho multiunitmeet childthe carepre-licensing centerguidelines basedand onare theawarded squarea footagelicense used by eachthe owner.Division.

Applicants(3) whoGrant meetindividual thelicenses pre-licensingwithin guidelinesa andmultiunit arechild awardedcare acenter licensebased byon the Divisionsquare shallfootage beused consideredby eligibleeach toowner. qualify as a tenant in a multiuse facility.

SCHOOL-AGE FLEXIBILITIES SECTION 2.2.(a)2.1. G.S.

110-91G.S. reads as rewritten:

"§110-91(6) 110-91.reads as rewritten:

Mandatory"(6) standardsSpace forand aEquipment license.Requirements.

All child care facilities shall complywith all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare.

Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities.

However, none Notwithstanding any provision of law or rule to the contrary, any building and grounds which are currently approved for school occupancy and which house a public or private elementary or middleschool shall bedeemedto havemetthespaceandequipment, sanitation,fire,andbuilding code requirements for a licensed child care facility when the building and grounds are serving the same, or a subset of the same, school-age children in an out-of-school child care program.

None of the standards in this section apply to the school-age children of the operator of a child care facility but do apply to the preschool-age children of the operator.

Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met.

The standards in this section, along with anyother applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary Senate Bill 528-Second Edition Page 3 General Assembly Of North Carolina Session 2025 under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis.

… (6) Space and Equipment Requirements.

Playgrounds Except as otherwise provided in subdivision (6a) of this section, playgrounds and athletic fields referenced in this section that do not meet licensure standards promulgated by the North Carolina Child Care Commission shall be noted on the program's licensure and rating information.information." Page 4 Senate Bill 528-First Edition General Assembly Of North Carolina Session 2025 SECTION 2.2.(a) G.S.

…."110-91 SECTIONis 2.2.(b)amended Theby Childadding Carea Commissionnew shallsubdivision adopt or amend any rules to ensureread: uniformity and consistency in application of the exemptions for school-age children in out-of-school child care programs as provided in this section.

"(6a) Certain Exemptions for School-Age Children in Out-of-School Child Care.

– Notwithstanding anyprovision of law or rule to the contrary, any building and grounds which are currently approved for school occupancy and which house a public or private elementary or middle school shall be deemed to have met the sanitation, fire, and building code requirements for a licensed child care facility when the building and grounds are serving the same, or a subset of the same, school-age children in an out-of-school child care program." SECTION 2.2.(b) The Child Care Commission shall adopt or amend any rules to ensure uniformity and consistency in application of the exemptions for school-age children in out-of-school child care programs as provided in this section.

Department orthe School-AgeAdministration Credential whenwhenprovidingschool-agechildcare. exclusively providing school-age child care.

All child carecareadministrators administratorsperformingadministrativedutiesperforming administrative duties as ofthedatethisactbecomesof the date this act becomes law and child care administrators who assume administrative duties at anyanytime time after this act becomes law and until September 1, 1998, shall obtain the Page 4 Senate Bill 528-Second Edition General Assembly Of North Carolina Session 2025 required credential by September 1, 2000.