GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1045

Short Title:  Child Care Credential Exemptions.	(Public)

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Sponsors: Representative Moore.

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Referred to:  Children, Youth and Families.

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April 14, 1999

A BILL TO BE ENTITLED
AN ACT TO EXEMPT CERTAIN EXPERIENCED CHILD CARE ADMINISTRATORS AND LEAD TEACHERS FROM BEING REQUIRED TO HAVE A NORTH CAROLINA CREDENTIAL; AND TO MAKE TECHNICAL CORRECTIONS.
The General Assembly of North Carolina enacts:
Section 1.(a)	The first paragraph of G.S. 110-91 is recodified as subsection (a).  The caption for this recodified subsection is "General Applicability."
Section 1.(b)	Subdivisions (1) through (14) of G.S. 110-91 are recodified as subsections (b) through (o).
Section 1.(c)	The caption for subsection (k), as recodified by this section, is "Discipline."
Section 1.(d) The caption for subsection (o), as recodified by this section, is "False Information."
Section 2.  G.S. 110-91(i), as recodified by Section 1 of this act, reads as rewritten:
"(i)	Qualifications for Staff. –
(1)	Administrators of child care centers. – All child care center administrators shall be at least 21 years of age. All child care center administrators shall obtain the North Carolina Early Childhood Administration Credential or its equivalent as determined by the Department. An individual is exempt from this requirement when all of the following apply:
a.	The individual has continuously served as a child care administrator in the same child care center since September 1, 1989, or in two different child care centers since September 1, 1984.
b.	The child care center that the individual has directed has had no major rule violations and no instances of substantiated abuse or neglect during the time that the individual served as child care administrator at any child care center.
	This exemption no longer applies when the child care administrator changes employment to a different child care center.  All child care administrators performing administrative duties as of September 1, 1998, who are not exempted from the credentialing requirement under this subdivision shall obtain the required credential by September 1, 2000. Child care administrators who assume administrative duties after September 1, 1998, shall begin working toward the completion of the North Carolina Early Childhood Administration Credential or its equivalent within six months after assuming administrative duties and shall complete the credential or its equivalent within two years after beginning work to complete the credential. Each child care center shall be under the direction or supervision of a person meeting these requirements. 
(2)	Lead teachers in child care centers. – All lead teachers in a child care center shall obtain at least a North Carolina Early Childhood Credential or its equivalent as determined by the Department. An individual is exempt from this requirement when all of the following apply:
a.	The individual has continuously served as a lead teacher at the same child care center since September 1, 1989, or two different child care centers since  September 1, 1984.
b.	There have been no major rule violations and no instances of substantiated abuse or neglect during the course of the individual's employment at any child care center that employed the individual.
	This exemption no longer applies when the lead teacher changes employment to a different child care center.  Lead teachers who are not exempted from the credentialing requirement under this subdivision shall be enrolled in the North Carolina Early Childhood Credential coursework or its equivalent as determined by the Department within six months after becoming employed as a lead teacher or within six months after this act becomes law, whichever is later, and shall complete the credential or its equivalent within 18 months after enrollment.
(3)	Age of staff at child care centers. – All staff counted toward meeting the required staff-child ratio shall be at least 16 years of age, provided that persons younger than 18 years of age work under the direct supervision of a credentialed staff person who is at least 21 years of age.
(4)	Categories of staff at child care centers. – For child care centers licensed to care for 200 or more children, the Department, in collaboration with the North Carolina Institute for Early Childhood Professional Development, shall establish categories to recognize the levels of education achieved by child care center administrators and teachers who perform administrative functions. The Department shall use these categories to establish appropriate staffing based on the size of the center and the individual staff responsibilities.
(5)	Staff standards at child care centers. – The Commission shall adopt standards to establish appropriate qualifications for all other staff in child care centers. These standards shall reflect training, experience, education, and credentialing and shall be appropriate for the size center and the level of individual staff responsibilities. It is the intent of this provision to guarantee that all children in child care are cared for by qualified people. No requirements may interfere with the teachings or doctrine of any established religious organization.
(6)	Operators of family child care homes. – Effective January 1, 1998, an operator of a licensed family child care home shall be at least 21 years old and have a high school diploma or its equivalent. Operators of a family child care home licensed prior to January 1, 1998, shall be at least 18 years of age and literate. As used in this subdivision, ‘literate' means understanding licensing requirements and having the ability to communicate with the family of the child and relevant emergency personnel. Any operator of a licensed family child care home shall be the person on-site providing child care.
(7)	Ineligibility for employment in a child care facility. – No person shall be an operator of nor be employed in a child care facility who has been convicted of a crime involving child neglect, child abuse, or moral turpitude, or who is an habitually excessive user of alcohol or who illegally uses narcotic or other impairing drugs, or who is mentally or emotionally impaired to an extent that may be injurious to children.  
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Section 3.  G.S. 110-106(c) reads as rewritten:
"(c)	G.S. 110-91(i), 110-91(l), and 110-91(m) do not apply to religious sponsored child care facilities, and these facilities are exempt from any requirements prescribed by subsection (b) of this section that arise out of these provisions."
Section 4.  G.S. 110-106(e) reads as rewritten:
"(e)	Each religious sponsored child care facility shall be under the direction or supervision of a literate person at least 21 years of age. All staff counted toward meeting the required staff/child ratio shall be at least 16 years old, provided that persons younger than 18 years old work under the direct supervision of a literate staff person at least 21 years old. Effective January 1, 1998, a person operating a religious sponsored child care home must be at least 21 years old and literate. Persons operating religious sponsored child care homes prior to January 1, 1998, shall be at least 18 years old and literate. The definition of literate in G.S. 110-91(i) applies to this subsection."
Section 5.  This act is effective when it becomes law.