(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.
- Staff and volunteers must be mature, of good character and possess suitable personal qualifications.
- 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 with the potential for regular and substantial contact with children, except for a parent of a child enrolled in the center who is applying to be a volunteer if such parent will not be counted in determining teacher/child ratios and such parent will not be left unsupervised with children. All applicants whose backgrounds must be checked are required to provide the following:
- A statement or summary of the applicant's employment history including, but not limited to, any relevant child-caring experience;
- The names, addresses and day time telephone numbers of at least three 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 day care center staff member;
- 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 413.4 of this Title; and
- 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.
- 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).
(c) If an applicant discloses in the sworn statement furnished in accordance with section 418-1.13(b)(3) 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 section 418-1.13(g)(1) 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 section 418-1.13(g)(1) 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.
Person responsible for program supervision functions (Director) |
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Education | Experience | ||||
Bachelor's degree including, or in addition to, 12 credits in Early Childhood, Child Development or related field | AND | One year 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 |
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OR | |||||
New York State Children's Program Administrator Credential | AND | One year 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 related field of work |
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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 Program Administration credential |
AND | Two years 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 related field of work |
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OR | |||||
Child Development Associate 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 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 related field of work |
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Group Teacher for preschoolers |
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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 experience related to caring for children | |||
OR | |||||
9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to a:
· Child Development Associate credential; 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 |
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Associate's degree in Early Childhood, Child Development or related field | AND | One year experience related to caring for infants and toddlers
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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 developmental period |
AND | Two years’ experience related to caring for children. | |||
OR | |||||
Child Development Associate credential | AND | Two years of experience caring for children, one on which must be related to caring for infants or toddlers | |||
OR | |||||
9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to:
· 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 developmental period; or · Associate’s Degree in Early Childhood, Child Development or a related field; |
AND
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Two years’ experience related to caring for children, one of which must be related to working with infants or toddlers | |||
Group Teacher for school-age children |
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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 experience working with children less than 13 years of age. | |||
OR | |||||
High School Diploma or its equivalent | AND | Two years direct experience working with children less than 13 years of age. | |||
Assistant teacher (all age groups) |
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High School diploma or its equivalent | OR | One year experience working with children less than 13 years of age | |||
(g) Minimum education and experience qualifications:
(1) To be qualified as a director, a person must possess either:
(i) (a) a Bachelor degree, including or in addition to, 12 credits in Early Childhood, Child Development, or a related filed; and,
(b) one year full-time teaching experience in a child day care center, family or group family day care home or other early childhood program; and,
(c) one year of experience supervising staff in a child care program or a related field of work, or
(ii) (a) a New York State Children's Program Administrator Credential; and,
(b) one year full-time teaching experience in a child day care center, family or group family day care home or other early childhood program; and
(c) one year of experience supervising staff in a child care program or a related field of work, or
(iii) (a) an Associate’s degree in Early Childhood or related field with a plan of study leading to:
(1) a Bachelor’s degree, or
(2) a New York State Children's Program Administrator Credential, and
(b) two years full-time teaching experience in a child day care center, family or group family day care home, or other early childhood program; and
(c) two years of experience supervising staff in a child care program or a related field of work, or
(iv) (a) a Child Development Associate Credential with a plan of studying leading to:
(1) a Bachelor’s degree or,
(2) a New York State Children's Program Administrator Credential, and
(b) two years full-time teaching experience in a child day care center, family or group family day care home, or other early childhood program, and
(c) 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) a Child Development Associate credential or other Office-recognized credential specific to the preschool developmental period, and
(b) one year experience related to caring for children, or
(iii) (a) 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to:
(1) a Child Development Associate Credential, or
(2) an Associate’s degree in Early Childhood, Child Development or related field; and
(b) two years’ 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) (a) an Associate’s degree in Early Childhood, Child Development or related field, and
(b) one year experience related to caring for infants and toddlers, or
(ii) (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 developmental period, and
(b) two years of experience related to caring for children, or
(iii) (a) Child Development Associate Credential, and
(b) two years of experience caring for children, one of which must be related to caring for infants or toddlers, or
(iv) (a) 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to:
(1) an Infant and Toddler Child Care and Education Credential, or
(2) an Infant Toddler Child Development Associate Credential, or
(3) other Office-recognized credential specific to the infant/toddler developmental period, or
(4) an Associate’s Degree in Early Childhood, Child Development or a related field, and
(b) two years of experience related to caring for children, one of which must be related to working with 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) a School-age Child Care Credential, or other Office-recognized credential specific to the school-age developmental period, and
(b) one year experience working with children less than 13 years of age, or
(iii) (a) a High School Diploma or its equivalent, and
(b) 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.
(h) The provisions of section 418-1.13(g) 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) All staff with plans of study, including plans of study permitted through a waiver request must register in New York’s training registry for early childhood professionals. Progress on plans of study will be monitored by the Office through the New York Registry.