Bill Summary for H 309 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO DIRECT THE RESIDENTIAL CODE COUNCIL AND BUILDING CODE COUNCIL TO CREATE A FAMILY CHILD CARE HOME OCCUPANCY CLASSIFICATION WITHIN THE NORTH CAROLINA STATE BUILDING CODE, TO MAKE VARIOUS CHILD CARE REGULATORY REFORMS, AND TO PROVIDE FOR FLEXIBILITIES IN SCHOOL-AGE CHILD CARE.Intro. by Arp, Lambeth, Paré, Rhyne.
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Bill summary
Senate committee substitute to the 1st edition makes the following changes. Makes conforming changes to the act’s long title. Makes organizational changes, including dividing the act into parts. Makes technical and conforming changes throughout the act.
Part IV.
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) required under GS 110-91(8) (qualifications for child care staff). Makes conforming changes 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.
Amends GS 110-91(7)a (staff/child ratios for childcare centers), as follows. Increases the maximum group size for children aged 0 to 12 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.
Requires the DHHS, Division of Child Development and Early Education (Division) to coordinate with the Child Care Commission (Commission) to clarify rules on multi-use child care centers to ensure they: (1) allow the use of existing buildings to house multi-unit child care centers and include mixed-age centers if they meet the requirements outlined in the rules regarding multi-unit child care centers and (2) grant individual licenses within a multi-unit child care center based on the square footage used by each owner. Directs that applicants who meet the pre-licensing guidelines and are awarded a license by the Division are considered eligible to qualify as a tenant in a multi-use facility.
Part V.
Instructs, in GS 110-91, 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 space, equipment, 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. Makes conforming changes. 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.
Amends the required qualifications for child care staff listed in GS 110-91(8) to allow child care center administrators to have the School-Age Administration Credential, as an alternative to the North Carolina Early Childhood Administration Credential. Makes conforming changes.
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.
Adds the Weikart Youth Program Quality Assessment ("Weikart Program") as an assessment tool for evaluating out-of-school child care programs and awarding of a star-rating. Requires the Division to take the described steps and have the Weikart Program available for applicants no later than one year after the act becomes law.
Part VI.
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.