Conference report makes the following changes to the 5th edition.
Part I.
Adds the following new content, organized as Part I. States legislative intent and purposes. Directs the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division) to develop a proposed plan by May 1, 2026, to separate the quality rating improvement system (QRIS) from the requirements and payments for participation in the State-subsidized child care program using the market rate study required by the act and make recommendations on its implementation while meeting the federal Child Care and Development Fund requirements. Requires the Division to report any difference in the proposed plan and the current reimbursement rate. Requires the Division to submit the proposed plan to the specified NCGA committee chairs, committee, and division by May 1, 2026, including an update on the QRIS Modernization rules process under SL 2024-34. Specifies that the current plan is effective until the NCGA and federal government approves and adopts the proposed plan and any amendments.
Directs the Division to complete a new market rate study made available to the public by May 1, 2026. Requires the study to include potential rates that are not segmented by star-rating and new market rates for the QRIS system. Now prohibits implementing new reimbursement rates unless approved by the federal Administration of Children and Families and authorized by the NCGA.
Specifies that the provisions do not affect NC Pre-K star-rating requirements.
Part II.
Organizes previous content into Part II with the following additions and modifications.
Changes the definition of lead teacher in GS 110-86 (definitions pertaining to childcare facilities) to a person responsible for the described activities for no more than two (was, one) groups of children in a childcare facility.
Further amends GS 110-91(6) to eliminate the requirement in existing law to note any playgrounds and athletic fields that do not meet licensure standards of the Child Care Commission on the program's licensure and rating information.
Further amends GS 110-91(7)a (staff/child ratios for childcare centers). Specifies that each lead teacher may support no more than two groups. Adds that where a lead teacher is responsible for two groups, at least one other individual overseeing the group must be engaging in the Early Childhood Credential coursework or seeking job training with the goal of accomplishing the five-year pathway to seek a future Lead Teacher qualification.
Adds the following.
Enacts GS 110-106.3 to exempt from licensure requirements US Department of Defense (DOD) or US Coast Guard family child care homes providing child care exclusively to children eligible for care under the specified DOD Instruction. Limits the exemption to homes operating outside of military installations for which DOD or the US Coast Guard have issued a certificate to the home to provide child care and completed background screening by the DOD pursuant to federal law and received a favorable suitability and fitness determination. Requires registration with DHHS and deems individuals at each military installation providing oversight of child care homes responsible for registration. Requires DHHS to maintain a registry to ensure compliance with DOD requirements for operation; certification of listed state safety provisions of the home location; receipt of information from the operator confirming operation at their occupied dwelling; and confirmation of appropriate direction of inquiries regarding DOD family child care homes. Provides for quarterly updates of the registry by the respective military installation oversight authority, and immediate notification when the DOD adds or removes a home operating under the section from the registry or closes a home for cause. Provides for license disqualification and revocation for described noncompliance with licensing standards or substantiated evidence of child abuse, neglect, or endangerment, in addition to placement on the Child Maltreatment Registry.
Directs the Division to coordinate with the Child Care Commission to clarify rules governing multiuse child care centers to allow the use of existing building to house multiunit child care centers and include mixed-age centers, and to grant individual licenses within multiunit child care centers based on square footage used by each owner, as specified.
Amends GS 110-98.5(3) which provides that when remote or virtual learning is required because of a state of emergency, care given to school-age children is not considered child care, by adding that if a program was licensed before the state of emergency, it is deemed licensed during the state of emergency whether it expands its capacity to provide services to more children so long as it follows the staff to child ratios for licensure.
Part III.
Adds the following.
Directs the Office of State Fire Marshal, Residential Code Council and Building Code Council (Councils), and State and local governments to treat a family child care home located within a dwelling subject to the Residential Code, Building Code, or Regulations for Manufactured Homes as a Residential Group R-3 occupancy, whereby the building must be permitted to comply with the Residential Code, Building Code, or Regulations for Manufactured Homes if the family child care home meets five respective criteria for each related to exit location, fire extinguishers, safety plans, carbon monoxide detection, and smoke alarms. Directs the Councils to adopt rules to amend the Residential Code and Building Code consistent with this directive, creating a family child care home occupancy classification within dwelling subject to each Code and the Regulations for Manufactured Homes, as specified. Sunsets the provisions when the permanent rules are adopted and become effective.
Amends GS 110-86 to refer to family child care homes as a child care arrangement located in an operator occupied private dwelling (was a residence) under the definition of child care facility.
Makes technical changes to GS 110-91(4) requiring child care facilities to be located in a building that meets requirements of the State Building Code. Specifies that the mandate applies to facilities operated as family child care homes (was operated in a private residence). Amends subdivision (5) (Fire Prevention), deeming the Office of State Fire Marshal rather than the Department of Insurance responsible for establishing fire prevention and safe evacuation requirements for child care facility buildings, as well as their annual inspection.
Directs the Division to establish the Licensed Childcare Licensure Workgroup (Workgroup) to examine streamlining regulatory requirements related to the physical structures of licensed childcare facilities, consisting of representatives from the nine listed agencies along with other representatives deemed necessary by the Division. Tasks the Workgroup with developing findings and recommendations related to streamlining the regulatory requirements related to the physical structures of childcare facilities, as described, and resolving conflicts between various code requirements for licensed childcare facilities. Requires the Division to report its findings and recommendations to the specified NCGA committees and division by no later than one year after the act becomes law.
Makes organizational changes. Changes the act's long title.
CHILD CARE REGULATORY REFORMS.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE CHILD CARE REGULATORY REFORMS; AND TO MAKE BUILDING CODE REVISIONS.Intro. by Arp, Lambeth, Paré, Rhyne.
SOG comments (2):
Long title change
Previous title was AN ACT TO MAKE CHILD CARE REGULATORY REFORMS AND TO ESTABLISH A WORKGROUP TO EXAMINE POTENTIAL FOR DEVELOPMENT OF GROUP LIABILITY INSURANCE PLAN OPPORTUNITIES FOR CERTAIN ENTITIES PROVIDING SERVICES FOR MINORS.
Bill History:
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Mon, 17 Mar 2025 House: Filed(link is external)
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Tue, 18 Mar 2025 House: Passed 1st Reading(link is external)
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Thu, 20 Mar 2025 House: Serial Referral To Judiciary 2 Stricken(link is external)
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Thu, 20 Mar 2025 House: Serial Referral To Judiciary 1 Added(link is external)
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Tue, 8 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 8 Apr 2025 House: Serial Referral To Judiciary 1 Stricken(link is external)
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Thu, 10 Apr 2025 House: Reptd Fav(link is external)
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Thu, 10 Apr 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Thu, 10 Apr 2025 House: Placed On Cal For 04/15/2025(link is external)
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Tue, 15 Apr 2025 House: Amend Adopted A1(link is external)
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Tue, 15 Apr 2025 House: Passed 2nd Reading(link is external)
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Tue, 15 Apr 2025 House: Passed 3rd Reading(link is external)
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Tue, 15 Apr 2025 House: Ordered Engrossed(link is external)
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Wed, 16 Apr 2025 House: Regular Message Sent To Senate(link is external)
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Wed, 16 Apr 2025 Senate: Regular Message Received From House(link is external)
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Wed, 16 Apr 2025 Senate: Passed 1st Reading(link is external)
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Mon, 19 May 2025 Senate: Withdrawn From Com(link is external)
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Thu, 22 May 2025 Senate: Reptd Fav Com Substitute(link is external)
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Thu, 22 May 2025 Senate: Com Substitute Adopted(link is external)
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Tue, 3 Jun 2025 Senate: Reptd Fav(link is external)
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Wed, 4 Jun 2025 Senate: Amend Adopted A1(link is external)
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Wed, 4 Jun 2025 Senate: Passed 2nd Reading(link is external)
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Wed, 4 Jun 2025 Senate: Passed 3rd Reading(link is external)
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Wed, 4 Jun 2025 Senate: Engrossed(link is external)
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Thu, 5 Jun 2025 Senate: Regular Message Sent To House(link is external)
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Mon, 9 Jun 2025 House: Cal Pursuant 36(b)(link is external)
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Mon, 9 Jun 2025 House: Placed On Cal For 06/10/2025(link is external)
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Tue, 10 Jun 2025 House: Failed Concur In S Com Sub(link is external)
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Tue, 10 Jun 2025 House: Conf Com Appointed(link is external)
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Wed, 11 Jun 2025 Senate: Conf Com Appointed(link is external)
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Tue, 24 Jun 2025 Senate: Conf Com Reported(link is external)
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Tue, 24 Jun 2025 House: Conf Com Reported(link is external)
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Tue, 24 Jun 2025 House: Withdrawn From Com(link is external)
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Tue, 24 Jun 2025 House: Added to Calendar(link is external)
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Tue, 24 Jun 2025 House: Conf Report Adopted(link is external)
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Wed, 25 Jun 2025 Senate: Conf Report Adopted(link is external)
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Wed, 25 Jun 2025 House: Ordered Enrolled(link is external)
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Thu, 26 Jun 2025 House: Ratified(link is external)
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Fri, 27 Jun 2025 House: Pres. To Gov. 6/27/2025(link is external)
Bill Summaries:
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Bill H 412 (2025-2026)Summary date: Jun 24 2025 - View Summary
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Bill H 412 (2025-2026)Summary date: Jun 4 2025 - View Summary
Senate amendment to the 4th edition makes the following changes.
Makes a technical change to GS 110-91 to reflect current statutory language.
Makes a technical change to Section 1.7 of the act by adding underlining, indicating new language is being added in Section 8 of SL 2024-34.
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Bill H 412 (2025-2026)Summary date: May 22 2025 - View Summary
Senate committee substitute to the 3rd edition makes the following changes.
Removes provisions: (1) requiring the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division) to develop a proposed plan by May 1, 2026, to separate the quality rating improvement system (QRIS) from the requirements and payments for participation in the State subsidized child care program using the market rate study required by the act and make recommendations on its implementation while meeting the federal Child Care and Development Fund requirements; (2) amending the definition of lead teacher in GS 110-86; and (3) requiring caregivers for children aged 0 to 24 months to meet Federal Child Care and Development Block Grant health and safety standards as well as the specified Commission rules. Makes organizational changes. Makes conforming changes to act’s long title.
Part I (was, Part II).
Reinstates provisions of GS 110-91(6) (mandatory standards for a license) that require playgrounds and athletic fields that do not meet licensure standards promulgated by the NC Child Care Commission (Commission) to be noted on the program’s licensure and rating information, except as otherwise provided. Allows child care administrators to also obtain the School-Age Administration Credential when exclusively providing school age childcare as one of the ways of meeting the qualifications for childcare staff under GS 110-91(8)(a). Makes conforming changes.
Makes technical change to new Section 8.(a1) of SL 2024-34.
Part II.
Reorganizes Section 12 of Part II (establishing a workgroup to examine the potential for developing group liability insurance plan opportunities for childcare providers) of the previous edition into new Part II, with the following changes. Expands the scope of the workgroup to include all nongovernmental contractors that contract with DHHS and any county or local agency administering programs of public assistance as described. Expands the members of the workgroup to include representatives from Benchmarks NC. Removes the representatives from the child care industry and replaces that slot with NC Licensed Child Care Association.
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Bill H 412 (2025-2026)Summary date: Apr 15 2025 - View Summary
House amendment to the 2nd edition makes the following changes.
Modifies the proposed changes to GS 110-91 by removing the provision allowing assigning a floater to relieve one teacher at a time for 0 to 24 month old age groups if the floater meets the federal requirements to care for infants or holds an Early Education credential or higher educational level.
Removes the provision that required the Child Care Commission to develop standards for infant and toddler care provider staff in licensed child care facilities caring for infants and toddlers from birth to 24 months old that provides staff the option to either (1) meet all of the federal health and safety requirements tied to the Child Care and Development Block Grant (CCDBG) funding, including CPR and SIDS training and age-appropriate health and safety training requirements set by the Commission, or (2) hold an Early Childhood credential.
Adds a provision requiring caregivers for children aged 0 to 24 months to meet Federal Child Care and Development Block Grant health and safety standards as well as the following Commission rules: (1) Daily Routines for Children Under Two Years of Age, (2) Supervision in Child Care Centers, and (3) Staff/Child Interactions. Requires child care center operators, or the care of children aged 0-24 months, to have the option of either employing a lead teacher or a caregiver meeting the standards in the section.
Makes additional technical changes.
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Bill H 412 (2025-2026)Summary date: Apr 8 2025 - View Summary
House committee substitute to the 1st edition makes the following changes.
Modifies the legislative findings and directives to the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division) as follows. No longer specifically recognizes the importance of the child care stabilization grants. Directs the Division to develop a proposed plan (was plan) by May 1, 2026, to separate the quality rating improvement system (QRIS) from the requirements and payments for participation in the State subsidized child care program using the market rate study required by the act and make recommendations on its implementation while meeting the federal Child Care and Development Fund requirements. No longer explicitly allows for the continuation of the star-rating system. Replaces the reporting requirements, instead requiring the Division to submit the proposed plan to the specified NCGA committee chairs, committee, and division by May 1, 2026. Specifies that the current plan is effective until the NCGA and federal government approves and adopts the proposed plan and any amendments.
Explicitly directs the Division to complete a new market rate study made available to the public by May 1, 2026. Requires the study to include potential rates that are not segmented by star-rating and new market rates for the QRIS system (previously required to ensure inclusion of recommended rates that are not segmented by star-rating). Now prohibits implementing new reimbursement rates unless approved by the federal Administration of Children and Families and authorized by the NCGA (was conditioned on NCGA authorization only).
Deletes the proposed changes to Section 9D.3 of SL 2023-134 and GS 110-90 (concerning child care subsidy rates). Eliminates the directive to the NC Child Care Commission (Commission) to adopt, amend, or repeal any rules regarding separating the star-rating system from requirements and payments for reimbursement for subsidized child care.
Deletes the proposed changes to GS 110-90 (concerning rated licenses issued to child care facilities).
Modifies the proposed changes to GS 110-91, moving the provisions of proposed subdivision (6a) to the section's body and extending those provisions to deem buildings and grounds approved for school occupancy housing elementary or middle school to have met space and equipment requirements for a licensed child care facility when serving the same or subset of the same school-aged children in an out-of-school child care program. Amends subdivision (6) to eliminate the requirement that playgrounds and athletic fields that do not meet licensure standards of the Commission be noted on the program's licensure and rating information.
Modifies the proposed changes to GS 110-91(7)a (staff/child ratios for childcare centers), as follows. Specifies that each lead teacher may support no more than two groups. Deletes the proposed change to deem, for groups of children 1 year of age or older, the staff/child ratio during nap time compliant with the requirements of rules adopted by the Commission if three criteria were met. Adds a new provision authorizing a child care center director to assign a floater to relive one teacher at a time for 0 to 24 month old age groups if the floater meets federal requirements to care for infants or holds an Early Education credential or higher educational level.
Adds a new section directing the Commission to develop standards for infant and toddler care provider staff in licensed child care facilities caring for infants and toddlers from birth to 24 months old which provides staff the option to either (1) meet all of the federal health and safety requirements tied to the Child Care and Development Block Grant (CCDBG) funding, including CPR and SIDS training and age-appropriate health and safety training requirements set by the Commission, or (2) hold an Early Childhood credential.
Requires the Division to take the described steps and have the Weikart Program available for applicants not later than one year (was, six months) after the act becomes law.
Adds a directive for the Commission to adopt or amend rules to ensure uniformity and consistency in application of the act's provisions.
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Bill H 412 (2025-2026)Summary date: Mar 17 2025 - View Summary
Section 1.
Requires the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division), to develop a plan to separate the quality rating improvement system (QRIS) from the requirements and payments for participation in the State subsidized child care program using the market rate study submitted in 2026 by May 1, 2026. Allows for the continuation of the star-rating system, but specifies that the ratings cannot impact the rate of reimbursement for licensed childcare centers or homes. Directs the Division to ensure that the next market rate study also includes recommended rates that are not segmented by star-rating and prevents it from implementing the rates until authorized to do so by the General Assembly.
Amends Section 9D.3 of SL 2023-134 (concerning child care subsidy rates) as follows. Removes provisions (1) generally requiring religious sponsored child care facilities to be paid at the one start rate and (2) generally requiring licensed childcare facilities with two or more stars to receive the market rate for the license level. Instead, now requires licensed childcare centers and homes, including religious sponsored child care facilities, that meet the State’s minimum licensing standards, that are participating in the subsidized childcare program to be paid the applicable market rate or the rate they charge privately paying parents. Makes conforming changes. Removes provisions requiring the Division to continue implementing policies based on the star rating system, as described. Amends GS 110-90 to specify that a rated license has no impact on the rate at which a child care facility is reimbursed for subsidized child care. Instructs that Section 1 of the act should not be construed as impacting the NC Prekindergarten program. Requires the NC Child Care Commission (Commission) to adopt, amend, or repeal any rules regarding separating the star-rating system from requirements and payments for reimbursement for subsidized child care. Requires the Division to submit a progress report on developing the plan to the specified NCGA committees by April 1, 2026, with a final report due two months from the date the new rates are implemented.
Section 2.
Changes the definition of lead teacher in GS 110-86 (definitions pertaining to childcare facilities) to a person responsible for the described activities for no more than two (was, one) groups of children in a childcare facility.
Section 3.
Expands the types of materials DHHS must consider in evaluating the education levels of in conjunction with issuing a rated license to a child care facility in GS 110-90 to include the NC Early Childhood Credential, based on experience.
Section 4.
Expands the schools covered by the Division’s policy on school facilities used by out-of-school childcare governed by GS 110-91(6) to include middle schools. Makes conforming change.
Section 5.
Instructs, in new GS 110-91(6a) that any building and grounds which are currently approved for school occupancy and which house a public or private elementary or middle school are 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. Directs the Commission to adopt or amend any rules to ensure uniformity and consistency in application of the exemptions for school-age children in out-of-school childcare programs.
Section 6.
Amends GS 110-91(7)a (staff/child ratios for childcare centers), as follows. Increases the minimum group size for children aged 0 to 24 months from 10 to 15 children and from 12 to 18 for children aged 12 to 24 months. Specifies that if a childcare center is operating under voluntary enhanced requirements, the maximum group size for toddlers aged 2 to 3 years may be increased from 18 to 20 children when the child care center maintains a 1:9 staff-child ratio. Sets forth maximum group sizes for infants and toddlers ranging from groups of 12 with a child/staff ratio of 1:4 for children aged 0 to 12 months to groups of 20 with a child/staff ratio of 1:8 for children 2-3 years if the childcare center is operating under the highest voluntary enhanced requirements. Provides that for groups of children 1 year of age or older, the staff/child ratio during nap time complies with the requirements of rules adopted by the Commission if (1) at least one person remains in the room, (2) all children are visible to that person, and (3) the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Makes conforming change.
Section 7.
Adds the following to the required qualifications for child care staff listed in GS 110-91(8). Allows five years of documented experience teaching in a licensed child care facility in the State to be equivalent to the NC Early Childhood Credential (Credential). Specifies that only administrators and lead teachers are required to have the Credential. Other staff must meet the standards developed by DHHS that do not include the Credential or its equivalent.
Section 8.
Makes conforming change to Section 8 of SL 2024-34 (QRIS modifications) to account for the new five-year work experience alternative to the Credential added to GS 110-91(8), above.
Section 9.
Specifies that the Weikart Youth Program Quality Assessment ("Weikart Program") will be added as an assessment tool for evaluating out-of-school childcare programs and awarding of a star-rating. Requires the Division to take the described steps and have the Weikart Program available for applicants not later than six months after the act becomes law.
Section 10.
Requires the Division to assign credit for continuing education courses to community college courses on the same basis as those offered by the Commission.
Section 11.
Requires the Division to do the following: (1) by December 1, 2025, in consultation with the NC Community Colleges System, create a School Age/Out-of-School Care Credential that aligns with a new curriculum course and continuing education course entitled "Introduction to School Age Care and Education and (2) award the North Carolina Early Childhood Administration Credential or the North Carolina Family Child Care Credential to individuals who have successfully completed continuing education courses that are equivalent to child care curriculum courses, as determined by the Community Colleges System, as described.
Section 12.
Requires the Commissioner of Insurance to establish a workgroup to examine the potential for developing group liability insurance plan opportunities for all childcare providers consisting of the specified stakeholders. Requires the workgroup to submit its findings and recommendations, as described to the specified NCGA committees and the Fiscal Research Division by January 1, 2026.
Previous title was AN ACT TO DECOUPLE THE CHILD CARE RATED LICENSE SYSTEM AND SUBSIDIZED CHILD CARE SUBSIDY REIMBURSEMENT RATES AND TO MAKE OTHER CHILD CARE REGULATORY REFORMS.