Manual of Requirements for Child Care Centers (effective 3/1/2005) from the
NEW JERSEY ADMINISTRATIVE CODE
INTRODUCTION
This Manual of Requirements contains the official State licensing requirements governing child care centers in New Jersey, including both early childhood programs, which serve children below six years of age; and school-age child care programs, which serve children below 13 years of age when their school is not in session.
In reading this Manual, it is important to note that the requirements for each type of child care center are indicated by abbreviations in the left margin of each page, as follows:
GEN - General requirements are indicated by the abbreviation "GEN." The general requirements, which constitute most of the requirements, apply to all centers, including both early childhood programs and school-age child care programs.
EC - Early childhood requirements are indicated by the abbreviation "EC." These requirements apply only to early childhood programs and need not be met by school- age child care programs.
I/T - Infant/toddler requirements are indicated by the abbreviation "I/T." These requirements apply only to early childhood programs serving children below 2 years of age and need not be met by other programs.
SA - School-age child care requirements are indicated by the abbreviation "SA." These requirements apply only to school- age child care programs and need not be met by early childhood programs.
For further information, please contact:
Department of Human Services
Office of Licensing
PO Box 707
Trenton, New Jersey 08625-0707
Toll -Free 877-667-9845
Local 609-987-2027 (Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, and Warren Counties)
609-987-2013 (Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Middlesex, Monmouth, Ocean, Salem, and Union Counties)
FAX 609-987-2086
SUBCHAPTER 1. GENERAL PROVISIONS
10:122-1.1 Legal authority
GEN (a) This manual is promulgated pursuant to the Child Care Center Licensing Law , N.J.S.A. 30:5B-1 to 15, supplemented by P.L. 1992, c.95.
(b) Under the laws specified in (a) above, the Department of Human Services is authorized to:
1. License certain public and private child care centers that are maintained for the care, development or supervision of six or more children under 13 years of age for less than 24 hours a day;
2. Inspect and examine the physical plant or facilities and program of a child care center and inspect all documents, records, files or other data maintained pursuant to the above-referenced law during the center's normal operating hours and without prior notice; and
3. Request the appropriate State and local fire , health and building officials to conduct examinations and inspections to determine a center's compliance with State and local ordinances, codes and regulations. The inspections shall be conducted and the results reported to the Department within 60 days after the request.
(c) Under the laws specified in (a) above, the Department of Human Services is authorized to issue a Certificate of Life/Safety Approval to a center that:
1. Operates on a seasonal or short-term basis for eight weeks or less and does not offer a continuous program that extends across the three-year period of licensure; or
2. Was operating on or before May 16, 1984 and was exempt from the licensing provisions because it was operated by an aid society of a properly organized and accredited church .
(d) Centers specified in (c)1 and 2 above are required to comply only with the physical facility, life/safety, administration and control of medication, environmental sanitation and communicable disease reporting provisions of this manual of requirements. Centers with Certificates of Life/Safety Approval may secure regular licenses on a voluntary basis as long as they comply with all provisions of this manual of requirements.
(e) To be eligible for a license, a center shall demonstrate to the satisfaction of the Department of Human Services , or the duly authorized agency, that the center complies with all applicable provisions of this manual.
(f) All applicable requirements shall be met by all child care centers, unless the rules are specified as "for early childhood programs " or "for school-age child care programs ."
(g) Responsibility for ensuring that centers comply with the provisions of the laws cited in (a) above and with provisions of this manual is hereby delegated by the Department of Human Services to the Division of Youth and Family Services , Bureau of Licensing .
(h) When a person intends to care for six or more children under 13 years of age, he or she shall apply for and secure from the Bureau a license to operate a child care center. Once licensed, the center is subject to all applicable provisions of this manual, even if the number and/or ages of the children attending the center at a particular time should fall outside the definition of a center, as specified in N.J.A.C. 10:122-1.2(a).
10:122-1.2 Definition of child care center
GEN (a) "Child care center " or "center" means any home or facility, by whatever name known, which is maintained for the care, development or supervision of six or more children under 13 years of age who attend for less than 24 hours a day.
1. For a facility that is located in a sponsor's home, the Bureau shall not count the children residing in the sponsor's home in determining whether the facility is serving the minimum number of children that would require it to be licensed as a center.
2. For a child care center operated by a nonprofit organization in a public school building used as a public school, the center shall not be required to meet the requirements in this manual governing the safety and adequacy of the physical plant or facilities, in keeping with P.L. 2000, c. 122 (N.J.S.A. 30:5B-5).
(b) The term, child care center, shall include, but not be limited to, day care centers; drop-in centers; night-time centers; recreation-type centers sponsored and operated by a county or municipal government recreation and/or park department or agency; day nurseries; nursery and play schools; cooperative child centers; centers for children with special needs; centers serving sick children; infant-toddler programs; school-age child care programs; employment-related centers; centers that had been licensed by the Department of Human Services prior to the enactment of the Child Care Center Licensing Act of 1984; and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth.
(c) The term, child care center, shall not include the following programs, since they do not meet the definition of a child care center:
1. A program serving fewer than six children who are below 13 years of age;
2. A program, such as that located in a bowling alley, health spa or other facility, in which:
i. Each child attends on a drop-in basis for no more than two hours; and
ii. The parent of each child attending the program is in the same building, is readily accessible at all times on an on-call basis, and is able to resume control of the child immediately;
3. A child care program operating within a geographic area, enclave or facility that is owned and/or operated by the Federal government;
4. A family day care home that is registered pursuant to the Family Day Care Provider Registration Law, N.J.S.A. 30:5B-16 et seq.;
5. Programs that offer activities for children who attend at their own discretion on an "open door" basis, where there is no agreement, written or implied, between the program and the parent for the program to assume responsibility for the care of the child; and
6. A program offering child care on an ad hoc, sporadic and isolated basis in order to meet an emergency or special need, such as during emergency school closings, conferences or training sessions.
(d) The following programs are exempt from licensure pursuant to the laws specified in N.J.A.C. 10:122-1.1(a):
1. Programs operated by the board of education of a local public school district which is responsible for their implementation and management;
2. Programs operated by, and whose employees are paid by, a private school which is run solely for educational purposes. Such programs shall include kindergartens , pre-kindergarten programs or child care centers that are an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth;
3. Centers or special classes operated:
i. Primarily for religious instruction. To qualify for an exemption from licensing under this provision, a center or special class must:
(1) Be an integral part of a bona fide church or religion;
(2) Serve only children who are two years of age or older;
(3) Provide a program that is composed primarily of religious instruction in which the curriculum is related to religious themes, stories and/or teachings; and
(4) For children under six years of age, operate and provide religious instruction for not more than two hours on any day; or
ii. For the temporary care of children while persons responsible for such children are attending religious services. To qualify for an exemption from licensure under this provision, a center or special class must:
(1) Provide care only for the children of participants in religious services that are an integral part of a bona fide church or religion;
(2) Be arranged by and responsible to the church or religion; and
(3) Provide child care only for the duration of time the services are in progress;
4. Programs of specialized activities or instruction for children that are not designed or intended for child care purposes, including, but not limited to: Boy Scouts, Girl Scouts, 4-H Clubs, Junior Achievement, and commercial indoor playground/sports centers where parents remain with pre-school children; and single activity programs, such as: athletics, gymnastics, hobbies, art, music, dance and craft instruction, which are supervised by an adult, agency or institution. To qualify for an exemption from licensing under this provision, a program must:
i. Provide activities that are supervised on a full-time basis by an adult; and
ii. Provide only a single instruction or activity program. For children under six years of age, such single instruction or activity programs shall be limited to not more than two hours on any day;
5. Youth camp s required to be licensed under the Youth Camp Safety Act of New Jersey, pursuant to N.J.S.A. 26:12-1 et seq. To qualify for an exemption from licensing under this provision, a program must have a valid and current license as a youth camp, issued by the New Jersey Department of Health and Senior Services . A youth camp sponsor who also operates a child care center shall also secure a license from the Bureau for the center;
6. Regional schools operated by or under contract with the Department of Human Services. To qualify for an exemption from licensing under this provision, a center must be operated and funded as a regional school by the Department of Human Services, pursuant to N.J.S.A. 18A:7B-12;
7. Privately operated infant and preschool programs that are approved by the Department of Education to provide services exclusively to local school districts for children with disabilities, pursuant to N.J.S.A. 18A:46-1 et seq.; and
8. Programs that are operated by a nonprofit organization in a public school building for eight weeks or less. To qualify for an exemption from licensing under this provision, a program must:
i. Be operated by a nonprofit organization in a public school building used as a public school;
ii. Be operated on a seasonal or short-term basis for eight weeks or less; and
iii. Not offer a continuous program that extends across the three-year period of licensure.
10:122-1.3 Definitions of other terms
GEN The following words and terms, when used in this manual, shall have the following meanings:
"Bureau" means the Bureau of Licensing , Division of Youth and Family Services , Department of Human Services .
"Chapter" means the rules contained in the Manual of Requirements for Child Care Centers, as specified in N.J.A.C. 10:122, which reflect provisions that constitute minimum baseline requirements below which no center that is subject to the authority of N.J.S.A. 30:5B-1 to 15 is legally permitted to operate.
"Child " means any person under 13 years of age.
"Denial of a license or a Certificate of Life/Safety Approval" means the withholding by the Bureau of an initial license or Certificate of Life/Safety Approval, for which a center has applied.
"Department" means the New Jersey Department of Human Services .
"Director " means the on-site staff member responsible for the daily operation and management of the center.
"Division" means the Division of Youth and Family Services , Department of Human Services .
"Early childhood program " means a supervised group program serving six or more children under six years of age.
"Health care provider" means a physician, nurse practitioner, physician's assistant or other health care professional who is licensed or otherwise authorized by the state in which he or she practices to perform the applicable health care services specified in this manual.
"Parent " means a birth or adoptive parent, legal guardian, or any other person having responsibility for, or custody of, a child.
"Person" means any individual, agency, corporation, company, association, organization, society, firm, partnership, joint stock company, the State or any political subdivision thereof.
"Refusal to renew a license or a Certificate of Life/Safety Approval" means the non-issuance of a license or a Certificate of Life/Safety Approval by the Bureau to a center after its existing license or Certificate of Life/Safety Approval has expired.
"Regular Certificate of Life/Safety Approval " or "Regular Certificate" means a document issued by the Bureau to a center that is eligible for such approval, indicating that the center is in full compliance with the provisions of this manual specified in N.J.A.C. 10:122-1.1(c).
"Regular license " means a document issued by the Bureau to a center indicating that the center is in full compliance with all applicable provisions of this manual.
"Revocation of a license or a Certificate of Life/Safety Approval" means a permanent removal of a center's current license or Certificate of Life/Safety Approval to operate.
"School-age child care program" means a supervised group program serving six or more children under 13 years of age who are enrolled in a public or private school, when their classes are not in session. The term, school-age child care program , may also include programs that serve: kindergarten children before and/or after their regular school session; and pre-kindergarten children before and/or after their regular school session if the pre-kindergarten children attend the program for no more than three and a half hours.
"Shall" denotes a provision of this chapter that a center must meet to qualify for a license.
"Should" denotes a recommendation reflecting goals towards which a center is encouraged to work.
"Sponsor " means any person owning or legally responsible for operating a center.
"Staff member " or "staff" means any person(s) employed by or working for or at a center on a regularly scheduled basis. This includes full-time, part-time, voluntary , substitute , contract or consulting personnel, whether compensated or not.
"Suspension of a license or a Certificate of Life/Safety Approval" means a temporary removal of a center's current license or Certificate of Life/Safety Approval to operate.
"Temporary Certificate of Life/Safety Approval " or "Temporary Certificate" means a document issued by the Bureau to a center that is eligible for such approval, indicating that the center is in substantial compliance with the provisions of this manual specified in N.J.A.C. 10:122-1.1(c), provided that no serious or imminent hazard affecting the children exists in the center.
"Temporary license " means a document issued by the Bureau to a center that is in substantial compliance with the applicable provisions of this manual, provided that no serious or imminent hazard affecting the children exists in the center.
10:122-1.4 Hours of care
GEN (a) Centers operating during the normal waking hours shall not care for a child on a regular basis for more than 12 hours within a 24-hour period.
(b) Centers operating during the normal sleeping hours shall not care for a child on a regular basis for more than 16 hours within a 24-hour period.
SUBCHAPTER 2. LICENSING PROCEDURES
10:122-2.1 Application for a license
GEN (a) No person shall operate a center without first securing a license from the Bureau. Any person who operates a center that does not have a valid license, or who uses fraud or misrepresentation in obtaining a license or who advertises or provides any service not authorized by a valid license, or who violates any other provision of the laws specified in N.J.A.C. 10:122-1.1(a), is guilty of a crime of the fourth degree, pursuant to N.J.S.A. 30:5B-13.
(b) A person applying for an initial license or renewal license to operate a center shall submit a completed application form to the Bureau at least 45 days prior to the anticipated opening of the center or to the expiration of its existing regular license.
(c) An applicant for an initial or renewal license shall submit, with the completed application form, the specified licensing fee listed in the chart below, in the form of a check or money order made payable to the "Treasurer, State of New Jersey."
LICENSING FEES FOR CENTERS
|
Center's Licensed Capacity |
Three Year Fee |
|
6-15 |
$110.00 |
|
16-30 |
$140.00 |
|
31-60 |
$165.00 |
|
61-100 |
$195.00 |
|
101 -180 |
$220.00 |
|
181 and up |
$250.00 |
(d) In lieu of the fees specified in (c) above, an applicant for an initial or renewal license who operates a Head Start center, pursuant to 42 U.S.C. 9381 et seq., or a school-age child care program that does not charge a fee or require other compensation or services from parents, shall submit with the completed application form a $110.00 licensing fee, in the form of a check or money order made payable to the "Treasurer, State of New Jersey."
(e) If the application is denied, or the center does not open, the Bureau will refund the licensing fee to the applicant.
(f) The licensing fee will not be refunded once the Bureau issues the center a license.
10:122-2.2 Issuance of a license
GEN (a) The Bureau shall issue a regular license to a center that has achieved full compliance with all applicable provisions of this manual.
(b) If the Bureau determines that a center is in substantial compliance with, but does not meet all applicable provisions of this manual, and provided that there is no serious or imminent hazard to the health, safety, well-being and development of the children, the Bureau shall issue a temporary license to the center and indicate in writing the steps the center must take to secure a regular license. When a center applies for its first license, a temporary license shall not be issued until the center has submitted to the Bureau a satisfactory Certificate of Occupancy and documentation of compliance with State requirements governing lead paint and asbestos hazards, as specified in N.J.A.C. 10:122-5.1 and 5.2.
(c) A temporary license may be issued for a period not to exceed six months. The Bureau may issue as many temporary licenses as it deems necessary. However, a center shall not operate pursuant to temporary licenses for more than 18 months.
(d) Each licensing period, which may include the issuance of one or more temporary licenses and/or one regular license, shall be three years.
1. In determining the expiration date of the first regular license , the Bureau shall compute the three-year licensing period from the date of issuance of the first temporary or regular license.
2. In determining the expiration date of a renewal regular license, the Bureau shall compute the three-year licensing period from the date on which the center's previous regular license expired.
(e) The license shall be posted in a prominent location within the center.
(f) A center shall not make claims contrary to its license, either in advertising or in any written or verbal announcement or presentation.
(g) A facility or program caring for children shall not claim in advertising, or in any written or verbal announcement or presentation, to be a licensed center unless it has secured a license from the Bureau.
(h) A center shall not claim that it is licensed by any State department or agency other than the New Jersey Department of Human Services , or that it is accredited by any State department.
10:122-2.3 Location of a center
GEN (a) The license shall be issued to a specific center sponsor at a specific location and shall not be transferable.
(b) When two or more buildings are, or will be, utilized to accommodate centers operated by the same sponsor , the sponsor shall apply to the Bureau for either:
1. A separate license for each center in each building; or
2. A single license covering all the buildings that comprise a single center, provided that:
i. The buildings are on the same or contiguous properties;
ii. The programs have the same director; and
iii. The Bureau determines that issuance of a single license would not be detrimental to the health, safety, well-being, and development of the children served.
(c) A center shall not be located near or adjacent to areas determined by the Bureau to be hazardous to the physical health and safety of the children.
(d) The requirements for co-location of a center within a multi-use building are as follows:
1. The sponsor of a center that is, or seeks to be, co-located in a multi-use building shall indicate on its application the nature of the co-location.
2. Prior to approving the site, the Bureau shall determine that the multi-use site does not pose a serious risk to the health, safety or well-being of the children.
3. The Bureau may require the center to:
i. Operate in a separate room, floor and/or section of the building;
ii. Have or use a separate entrance and/or toilet facility; and/or
iii. Meet any other physical plant, staffing, program or other operational requirements that are deemed necessary to protect the children from serious risk of harm stemming from the co-location.
4. The sponsor of a center that has been approved to be located in a multi-use building shall notify the Bureau of any change in use by other occupants of the building, as specified in N.J.A.C. 10:122-3.2(a).
10:122-2.4 Denying, suspending, revoking or refusing to renew a license or a Certificate of Life/Safety Approval
GEN (a) The Bureau may deny an application or suspend , revoke or refuse to renew a license or a Certificate of Life/Safety Approval for good cause, including the following, as applicable:
1. Failure or refusal to comply with all applicable provisions of the laws specified in N.J.A.C. 10:122-1.1(a) and of this manual;
2. Violation of the terms and conditions of a license or a Certificate of Life/Safety Approval;
3. Use of fraud or misrepresentation in obtaining a license or a Certificate of Life/Safety Approval or in the subsequent operation of the center;
4. Refusal to furnish the Division with files, reports or records, as required by this manual;
5. Refusal to permit an authorized representative of the Division to gain admission to the center and/or to conduct an inspection or investigation during the center's operating hours;
6. Any activity, policy or staff conduct that adversely affects or presents a serious hazard to the education, health, safety, well-being or development of a child attending a center, or that otherwise demonstrates unfitness by a sponsor or staff member (s) to operate a center;
7. Failure to provide developmental activities that meet the physical, social, emotional and cognitive needs of the children served;
8. Failure by the sponsor to secure and maintain on file conviction disclosures, as specified in N.J.A.C. 10:122-4.1, Child Abuse Record Information (CARI) background checks, as specified in N.J.A.C. 10:122-4.9, or Criminal History Record Information (CHRI) fingerprint background checks, as specified in N.J.A.C. 10:122-4.10;
9. A determination by the Division's Institutional Abuse Investigation Unit that children in the center are at risk of harm;
10. Refusal by the sponsor to consent to a Child Abuse Record Information background check for himself or herself, or to terminate the employment of a staff member who refuses to consent to a Child Abuse Record Information background check;
11. Refusal by the sponsor to terminate the employment of a staff member when a Child Abuse Record Information background check reveals that an incident of child abuse or neglect has been substantiated against the staff member;
12. A Child Abuse Record Information background check that reveals that an incident of child abuse or neglect has been substantiated against the sponsor; or
13. Failure to comply with the provisions of P.L. 1998, c.35, which prohibit smoking in child care centers, as specified in N.J.A.C. 10:122-7.7(d).
(b) The Bureau shall provide written notice to the sponsor if it intends to deny an application or suspend, revoke or refuse to renew a license or a Certificate of Life/Safety Approval. The notice shall specify the Bureau's reasons for such action.
(c) If the Bureau suspends a center's license or Certificate of Life/Safety Approval to prevent the imminent risk of harm to children served by the center, the Bureau may reinstate the suspended license or Certificate of Life/Safety Approval upon the center's compliance with all applicable provisions of this manual.
(d) If the Bureau denies an application or revokes or refuses to renew a center's license or Certificate of Life/Safety Approval, as specified in (a) above, the sponsor of the center shall be prohibited from reapplying for a license or a Certificate of Life/Safety Approval for one year from the date of the denial, revocation or refusal to renew. After the one-year period has elapsed, the sponsor may submit to the Bureau a new application for a license or a Certificate of Life/Safety Approval.
(e) Each license and each Certificate of Life/Safety Approval issued by the Bureau to a center is the property of the State of New Jersey. If the Bureau suspends or revokes a license or a Certificate of Life/Safety Approval, the center shall return the license or Certificate of Life/Safety Approval to the Bureau immediately.
(f) If the Bureau determines to suspend, revoke or refuse to renew the center's license or Certificate of Life/Safety Approval, the Bureau shall notify the parent of each enrolled child of the action.
1. Upon notification by the Bureau of an action against the center's license or Certificate, the center shall provide to the Bureau the name and mailing address of each child's parent.
2. Within 20 days after notifying the center of the action, the Bureau shall:
i. Notify parents of the action against the center's license or Certificate;
ii. Advise parents of the center's right to contest the action through an administrative hearing before the Office of Administrative Law;
iii. Inform parents of the name, address and telephone number of the resource and referral services offered by the appropriate State-contracted Unified Child Care Agency for assistance in finding alternative child care arrangements, if necessary; and
iv. Notify the appropriate State-contracted Unified Child Care Agency of the action.
10:122-2.5 Administrative hearings
GEN (a) Before the Bureau's decision to deny an application or suspend , refuse to renew or revoke a center's license or Certificate of Life/Safety Approval becomes effective, the Bureau shall afford the center an opportunity to request an administrative hearing , pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) As long as the Division determines that the children are not at risk and no serious or imminent hazards exist, the Bureau may permit a center that has requested an administrative hearing , as specified in (a) above, to continue to operate until a final decision is rendered as a result of the hearing.
10:122-2.6 Complaints
GEN (a) Whenever the Bureau receives a report questioning the licensing status of a program or center or alleging that a licensed center is violating provisions of this manual, the Bureau shall ensure that the allegation is promptly investigated to determine whether the complaint is substantiated.
(b) After the report of the investigation has been completed, the Bureau shall notify the sponsor in writing of the results of the investigation, pursuant to the State Public Records Law, N.J.S.A. 47:1A-1 et seq., except for any information not permitted to be disclosed pursuant to the State Child Abuse and Neglect Law, N.J.S.A. 9:6-8.10a.
(c) Whenever the Division, through its Bureau of Licensing , Institutional Abuse Investigation Unit or District Offices, conducts complaint investigations, the center shall cooperate with all Division investigators.
10:122-2.7 Public access to the Bureau's licensing records
GEN Licensing files maintained by the Bureau are public records and shall be readily accessible for examination by any person, under the direction and supervision of the Bureau, except when public access to records is restricted, in accordance with the State Public Records Law or other applicable statutes.
10:122-2.8 Procedures for securing a Certificate of Life/Safety Approval
GEN (a) A center that is eligible for a Certificate of Life/Safety Approval , as specified in N.J.A.C. 10:122-1.1(c), may apply for and secure such a Certificate from the Bureau by complying with all provisions of N.J.A.C. 10:122-2.1 through 2.8, except for 10:122-2.1(c) and (d); and with all provisions of N.J.A.C. 10:122-4.9; 10:122-4.10; 10:122-5.1 through 5.5; 10:122-7.5, 7.7, 7.8 and 7.10; and 10:122-9.1 through 9.8.
(b) The applicant shall submit to the Bureau a $110.00 fee in the form of a check or money order made payable to the "Treasurer, State of New Jersey," along with the completed application for a Certificate of Life/Safety Approval .
(c) When an applicant is the sponsor of a licensed child care center and seeks to operate a seasonal or short-term program, as specified in N.J.A.C. 10:122-1.1(c)1, at the same site, the applicant shall submit an application for a Certificate of Life/Safety Approval with no additional fee required. The sponsor shall receive a Certificate of Life/Safety Approval in addition to a license.
(d) The Bureau shall review the application form and accompanying materials and conduct an on-site inspection of the center to determine whether it meets all applicable provisions of this manual as specified in (a) above.
1. If the center is found to be in full compliance, the Bureau shall issue a Regular Certificate of Life/Safety Approval to the center.
2. If the center is found to be in substantial compliance, and provided that there is no serious or imminent hazard to the health, safety, well-being and development of the children, the Bureau shall issue a Temporary Certificate of Life/Safety Approval.
3. When a center applies for its first Certificate of Life/Safety Approval, a temporary Certificate of Life/Safety Approval shall not be issued until the center has submitted to the Bureau a satisfactory Certificate of Occupancy and documentation of compliance with State requirements governing lead paint and asbestos hazards, as specified in N.J.A.C. 10:122-5.1 and 5.2.
SUBCHAPTER 3. CENTER ADMINISTRATION
10:122-3.1 Administrative responsibility
GEN (a) The sponsor shall be legally responsible and held accountable by the Bureau for the overall operation of the center and for ensuring the center's compliance with all applicable provisions of this manual.
(b) When the sponsor is an entity owned or operated by two or more individuals, the sponsor shall designate one of those individuals to represent the interests and act on behalf of the sponsor. For school-age child care programs, the sponsor's representative shall have a bachelor's degree.
10:122-3.2 Reporting requirements
GEN (a) The center shall notify the Bureau verbally of any of the following changes or events by the next working day after the center learns of their occurrence:
1. Injury or illness that results in the admittance to a hospital or death of a child, as specified in N.J.A.C. 10:122-7.10(b);
2. Change in use by other occupants of a multi-use building in which the center is located, as specified in N.J.A.C. 10:122-2.3(d);
3. Permanent closing of the center;
4. Damage to the premises of the center caused by fire, accident or the elements;
5. Proposed use of emergency space , including relocation or use of rooms not approved by local municipal officials or by the Bureau, as specified in N.J.A.C. 10:122-5.2(p); and
6. Any conviction(s) or guilty plea(s) of the sponsor, director or any staff member, as specified in N.J.A.C. 10:122-4.1(b)3, (c)2 and (d)2.
(b) The center shall notify the Bureau verbally at least three working days in advance of any proposed change to the licensing information previously submitted to the Bureau on the completed application form, including, but not limited to, changes in location. The center shall notify the Bureau in writing within 30 calendar days of any such change(s).
10:122-3.3 Center records
GEN (a) Requirements for access to center records are as follows:
1. The center's records shall be open for inspection by authorized representatives of the Bureau .
2. The center's records shall be open for inspection by authorized representatives of the Division's Institutional Abuse Investigation Unit (IAIU) and, provided that they may only secure information about children under the Division's supervision, Division caseworkers.
(b) Requirements for maintenance of center records are as follows:
1. Children 's records shall be maintained on file for one year after the child is no longer enrolled at the center.
i. Records for children currently enrolled at the center shall be maintained on file at the center, unless otherwise specified in this manual.
ii. Records for children no longer enrolled at the center shall be maintained on file either at the center or at a central administrative office.
2. Staff records shall be maintained on file for one year after the staff member is no longer working at the center.
i. Records for staff members currently working at the center shall be maintained on file at the center, unless otherwise specified in this manual.
ii. Records for staff members no longer working at the center shall be maintained on file either at the center or at a central administrative office.
3. All other records shall be maintained on file at the center for one year after the record is made or received, unless otherwise specified in this manual.
10:122-3.4 Comprehensive general liability insurance
GEN The sponsor shall secure comprehensive general liability insurance coverage for the center and shall maintain on file a copy of the insurance policy or documentation of current insurance coverage.
10:122-3.5 Telephone requirements
GEN (a) The center shall have:
1. Its own telephone ; or
2. Access to a telephone located in the same building. Under this option a person shall be available to receive incoming calls to the center, transmit telephone messages to center personnel immediately and make outgoing calls for the center, as necessary.
10:122-3.6 Information to Parents document
GEN (a) The center shall give to the parent(s) of every enrolled child and to every staff member a written Information to Parents document designated by the Bureau of Licensing and indicating that the center is required to:
1. Be licensed by the Bureau of Licensing , Division of Youth and Family Services ;
2. Comply with all applicable provisions of the Manual of Requirements for Child Care Centers;
3. Post its license in a prominent location within the center;
4. Retain a current copy of the manual and make it available for parents' review;
5. Indicate how parents can secure a copy of the manual and obtain information about the licensing process from the Bureau;
6. Make available to parents , upon request, the Bureau's Life/Safety and Program Inspection/Violation and Complaint Investigation Summary report(s) on the center, as well as any letters of enforcement or other actions taken against the center during the center's current licensing period;
7. Post a listing or diagram of those rooms and/or areas that have been approved by the Bureau for children's use;
8. Comply with the inspection/investigation functions of the Division, including the interviewing of staff members and children;
9. Afford parents the opportunity and time to review and discuss with the center director or sponsor any questions or concerns about the policies and procedures of the center or whether the center is in compliance with all applicable provisions of the manual;
10. Advise parents that if they believe or suspect that the center is violating any requirement of the manual, they may report such alleged violations to the center sponsor or director or to the Bureau;
11. Afford parents of enrolled children an opportunity to participate in the center's operation and activities and to assist the center in complying with licensing requirements;
12. Afford parents of enrolled children the opportunity to visit the center at any time during the center's hours of operation to observe its operation and program activities without having to secure prior approval;
13. Provide parents with advance notice of any field trip , outing or special event involving the transportation of children away from the center, and, for each event, secure the written consent of the parent(s) before taking a child on such a field trip, outing or special event;
14. Post a copy of the center's written statement of policy on the disciplining of children by staff members in a prominent location within the center, and make a copy of it available to parents upon request;
15. Indicate through this document that any person who has reasonable cause to believe that a child has been or is being subjected to any form of hitting, corporal punishment , abusive language, ridicule, or harsh, humiliating or frightening treatment, or any other kind of child abuse , neglect or exploitation by any adult, is required by State law to report such allegations to the Division's Office of Child Abuse Control or any District Office immediately, and indicate that such reports may be made anonymously;
16. Indicate through this document how parents and staff members may secure information about child abuse and/or neglect from the Division;
17. Inform parents of the center's policy on the release of children;
18. Inform parents of the center's policy on administering medication and health care procedures;
19. Provide parents with a copy of the center's policy on management of communicable diseases;
20. Provide parents with a copy of the center's policy on the expulsion of children from enrollment; and
21. Inform parents that the center is required to comply with the New Jersey Law Against Discrimination (LAD), P.L. 1945, c. 169 (N.J.S.A. 10:5-1 et seq.), and the Americans with Disabilities Act (ADA), P.L. 101-336 (42 U.S.C. §§12101 et seq.), and indicate that anyone who believes the center is not in compliance with these laws may contact the Division on Civil Rights in the New Jersey Department of Law and Public Safety for information about filing an LAD claim at (609) 292-4605 (TTY users may dial 711 to reach the New Jersey Relay Operator and ask for (609) 292-7701), or may contact the United States Department of Justice for information about filing an ADA claim at (800) 514-0301 or (800) 514-0383 (TTY).
(b) The center shall provide the Information to Parents document to each child's parent(s) upon enrollment, and to every person upon becoming a staff member.
1. The center shall secure and maintain on file a record of each parent's and staff member's signature attesting to receipt of the document.
2. The center shall maintain on file a copy of the Information to Parents document .
SUBCHAPTER 4. STAFF REQUIREMENTS
10:122-4.1 General requirements for sponsor, director, and all staff members
GEN (a) The sponsor, director, and every staff member shall:
1. Be of good character and reputation;
2. Be in sufficient physical, mental and emotional health to perform his or her job duties satisfactorily; and
3. Possess skills, attributes, and characteristics conducive to and suitable for sponsoring a center or dealing with children, as applicable.
(b) Prior to hiring or utilizing a director or a staff member who will be working at the center on a regularly scheduled basis, the sponsor or director shall complete and maintain on file for each individual a Staff Records Checklist , signed by the sponsor or director and designated by the Bureau, indicating that the center has obtained documentation of the following:
1. The individual's name, address, telephone number and signature;
2. Education and work experience;
3. Disclosure of the presence or absence of conviction(s) for crimes or disorderly persons offenses;
4. Completion of a Child Abuse Record Information background check, as specified in N.J.A.C. 10:122-4.9, and a Criminal History Record Information fingerprint background check, as specified in N.J.A.C. 10:122-4.10;
5. Completion of a Mantoux tuberculin skin test , as specified in N.J.A.C. 10:122-7.4(a), and physical examination , as specified in N.J.A.C. 10:122-7.4 (b);
6. The staff member's signature attesting to the receipt of the policy statement on the disciplining of children by staff members, as specified in N.J.A.C. 10:122-6.6(e);
7. The staff member's signature attesting to the receipt of the Information to Parents document , as specified in N.J.A.C. 10:122-3.6(b); and
8. Two written and/or verbal references on each individual.
i. The references shall be secured from former employers or other persons who have knowledge of the individual's work experience and/or education and who can attest to the individual's suitability to work with children.
ii. The verbal references shall be documented in writing by the sponsor or director.
(c) The sponsor shall:
1. Maintain on file, regarding himself or herself, the results of the Child Abuse Record Information background check and the Criminal History Record Information fingerprint background check , as specified in (b) 4 above; and
2. Disclose to the Bureau , in writing, the following:
i. The sponsor's name, address and telephone number;
ii. The sponsor's signed statement of the presence or absence of conviction(s) for crimes or disorderly persons offenses; and
iii. Information about and circumstances surrounding any previous denial, suspension, revocation or non-renewal of a license to own or operate a center either by the Bureau or by the licensing agency of another state.
(d) The staff records specified in (a) through (c) above shall be maintained on file as follows:
1. The Staff Records Checklist for the current director and all staff members currently working at the center shall be maintained on file at the center.
2. The Staff Records Checklist for the former director and staff members no longer working at the center shall be maintained on file either at the center or at a central administrative office. The checklist shall be updated to indicate the reason for discontinuance of employment.
3. Documentation of the information listed in the Staff Records Checklist shall be maintained on file either at the center or at a central administrative office.
(e) Failure by a sponsor , director or other staff member to comply with the requirements specified in (a) through (c) above and/or any evidence demonstrating unfitness or unsuitability to fulfill the responsibilities and duties of his or her position or to serve or deal with children in an appropriate manner shall constitute grounds for one or more of the following actions:
1. Removal of the sponsor, director or other staff member from his or her position;
2. Reassignment to other duties that do not involve contact with children;
3. Termination from the center; and/or
4. Denial, refusal to renew, suspension or revocation of the center's license.
(f) Evidence of a previous denial, suspension, revocation, or non-renewal of a license, as specified in (c)2iii above, shall not in and of itself result in an automatic disqualification of the sponsor or prospective sponsor to secure a license for another or the same center, but shall constitute grounds for the Bureau to investigate the circumstances that led to the original negative action and to make a determination as to whether to reject or process the new application for a license.
10:122-4.2 Staffing requirements
GEN (a) Each center shall have the following staff members:
1. A sponsor , who may also serve as the director and/or as one of the staff members specified in (a)3 below;
2. A director , who may also serve as one of the staff members specified in (a)3 below;
3. One or more of the applicable qualified staff members, as specified in the charts in (b) and (c) below for each program type offered; and
4. Additional staff members, as necessary, to meet staff/child ratio requirements, as specified in N.J.A.C. 10:122-4.3.
i. If the center offers an early childhood program and a school-age child care program, but has fewer than six children in one of those programs, the center shall only be required to meet the staffing requirements of the program serving six or more children.
ii. If the center offers an early childhood program and a school-age child care program, and has fewer than six children in both programs, the center shall meet the staffing requirements in either (b) or (c) below.
EC (b) For early childhood programs, the following shall apply:
1. Based on the center's licensed capacity , the center shall have one or more head teachers, group teachers, and/or consulting head teachers, as specified in the chart below:
TYPES OF STAFF REQUIRED AT EARLY CHILDHOOD PROGRAMS
|
Licensed Capacity |
Head Teacher(s) |
|
*Group Teachers |
|
Consulting Head Teacher |
|
6-15 |
1 |
or |
1 |
or |
1 |
|
16-30 |
1 |
or |
(1 |
and |
1) |
|
31-60 |
1 |
|
|
|
|
|
61-120 |
1 |
and |
1 |
|
|
|
121-180 |
1 |
and |
2 |
|
|
|
181-240 |
2 |
and |
2 |
|
|
|
241-300 |
2 |
and |
3 |
|
|
|
301-360 |
3 |
and |
3 |
|
|
|
361-420 |
3 |
and |
4 |
|
|
|
421-480 |
4 |
and |
4 |
|
|
|
481-540 |
4 |
and |
5 |
|
|
* A staff member who meets the head teacher qualifications, as specified in N.J.A.C. 10:122-4.6(c), may be utilized for a required group teacher .
i. As an exception to the staffing requirements in the chart above, centers with a licensed capacity of from six to 30 children, 50 percent or more of whom have special needs as a result of a cognitive, socio-emotional or physical disability or disorder, shall have a head teacher .
SA (c) For school-age child care programs , the following shall apply:
1. Based on center size, the center shall have one or more program supervisor s at each site as specified in the chart below:
TYPES OF STAFF MEMBERS REQUIRED AT SCHOOL-AGE CHILD CARE PROGRAMS
|
Licensed Capacity |
Program Supervisor(s) |
|
6-180 |
1 |
|
181-360 |
2 |
|
361-540 |
3 |
10:122-4.3 Staff/child ratios
GEN (a) The children shall be supervised by a staff member at all times, including during outdoor activities, rest and sleep, toileting procedures and walking through hallways, as appropriate for their ages and developmental needs, the physical setting and the nature of the activity.
1. The center shall develop and implement a Bureau-approved method to keep track of the location and safety of all children at all times when under the center's supervision, including the transfer of supervision from and to parents during arrival and departure.
2. The center shall ensure that all staff members are trained in the method of keeping track of children.
(b) There shall be a minimum of two staff members accompanying children on any field trip, outing or special event involving the transportation of children away from the center, even when the appropriate staff/child ratios allow fewer than two staff members.
(c) The following staff/child ratios shall apply, except as specified in (d) through (f) below:
|
Age |
Staff/Child Ratio |
| |
|
|
Under 18 months |
1:4 |
|
18 months up to 2 years |
1:6 |
|
2 years up to 4 years |
1:10 |
|
4 years |
1:12 |
|
5 years and older |
1:15 |
(d) The following staff/child ratios shall apply during rest or sleep , when the criteria listed in (d)1, 2 and 3 below are met:
|
Age |
Staff/Child Ratio |
| |
|
|
Under 2 years |
1:10 |
|
2 years and above |
1:20 |
1. At least one staff member shall be physically present in the room or area in which children are napping and shall be able to summon other staff members without leaving the room or area.
2. A sufficient number of staff members shall be in the facility and readily accessible to ensure compliance with the staff/child ratios specified in (c) above.
3. Naptime preparations shall have been completed and all children above 12 months of age shall be resting or sleeping, while all children 12 months of age or below shall be sleeping.
(e) The following staff/child ratios shall apply for centers serving children, 50 percent or more of whom have special needs , as a result of a cognitive, socio-emotional or physical disability or disorder:
|
Age |
Staff/Child Ratio |
| |
|
|
Under 2 years |
1:3 |
|
2 years of age and over (non-ambulatory) |
1:3 |
|
2 years of age and over (ambulatory) |
1:5 |
(f) Centers serving children who are sick shall comply with the variation on staff/child ratios for sick children, as specified in N.J.A.C. 10:122-8.3(c).
(g) In computing the required number of staff, the center shall apply the applicable staff/child ratios , as specified in (c) through (f) above, to the actual number of children in attendance at the center. The total number of staff members required for a center shall be the sum total of staff members required per room or area within a large room that has been divided by partitions, furniture or other barrier. The number of staff members per room or area within a large divided room shall be computed by dividing the number of children in attendance per room or area within a large divided room at any given time by the staff/child ratio required for the age of the children served. When this resulting figure is any fraction above a whole number, an additional staff member shall be required.
(h) When children of mixed ages requiring different staff/child ratios are in one room or area within a large divided room, the center shall compute the staff/child ratios applicable for each group separately to the nearest tenth decimal. If the resulting cumulative figure for all age groups is any fraction above a whole number, an additional staff member shall be required.
(i) For purposes of determining whether a required staff/child ratio is met, only those staff members who are involved in the direct care and supervision of children shall be counted.
(j) Staff members who are under 18 years of age shall be directly supervised by and visible to a staff member who is 18 years of age or older.
EC (k) For early childhood programs , the following shall apply:
1. A minimum of two staff members , one of whom shall be at least 18 years of age, shall be present and involved in the care of children when:
i. At least six children are present, who are below six years of age; or
ii. Fewer than six children are present but applicable staff/child ratios , governing children below 18 months of age and/or children with special needs , require two staff members.
2. The following minimum ages of staff members shall apply for purposes of computing the staff/child ratio:
i. Only staff members who are at least 14 years of age shall be counted for the staff/child ratio ; and
ii. Staff members below 16 years of age shall only be utilized when school is not in session, or, if school is in session, only if they are participating in a school/work program.
SA (l) For school-age child care programs , the following shall apply:
1. A minimum of two staff members , one of whom shall be at least 18 years of age, shall be at the center and involved in the care of children when six or more children are present, except as specified in (l)2 and 3 below.
2. A minimum of one staff member, who shall be at least 18 years of age, shall be at the center and involved in the care of children when all the provisions in (l)2i through iv below are met:
i. Children attend for no more than one and one half hours;
ii. No more than five children present are below six years of age;
iii. No more than 12 children are present; and
iv. An additional adult has agreed to be available and immediately accessible in an emergency.
3. A minimum of one staff member, who shall be at least 18 years of age, shall escort up to 12 children on any walk including walks to and from their school and the center.
4. Only staff members who are at least 16 years of age shall be counted for the staff/child ratio.
10:122-4.4 Grouping of children
I/T (a) For early childhood programs , the following shall apply for infants (under 18 months of age) and toddlers (18 months to 2 years of age):
1. A particular staff member shall be assigned as the primary caregiver to each specific group of children, in accordance with applicable staff/child ratios , as specified in N.J.A.C. 10:122-4.3;
2. A group shall consist of four infants or six toddlers to whom a primary caregiver has been assigned;
3. The primary caregiver shall ensure that the needs of each child in the group are met, including:
i. Feeding the child and following each infant's individual feeding schedule , as specified in N.J.A.C. 10:122-6.3(b);
ii. Diapering the child, if applicable, as specified in N.J.A.C. 10:122-7.8(d);
iii. Assisting the child in toilet training , if applicable, in keeping with the center's toilet training policy, as specified in N.J.A.C. 10:122-7.7(e)3; and
iv. Recording any unusual incidents involving the child and ensuring that the child's parent s are informed of them, as specified in N.J.A.C. 10:122-4.8(c).
4. If more than 12 infants or 20 toddlers occupy an individual room or a specific area within a large room, areas for up to 12 infants or 20 toddlers shall be defined by visible barriers, partitions or any other room dividers or separations having a height above the eye level of the children who will use those areas.
EC (b) For early childhood programs , the following shall apply for children 2 years of age and older:
1. A group shall consist of the number of children:
i. Occupying an individual room or occupying a specific area within a large room. The area shall be defined by a visible barrier, partition or any other room divider or separation having a height above the eye level of the children who will use that area; or
ii. Engaged together in a particular activity at any given time, regardless of whether the room or area within a large room is divided or partitioned.
2. Each group shall be limited to a maximum of 20 children except during meals, naptime, outdoor activities, specially scheduled events (for example, parties, community speakers, films, etc.), and daily information sharing sessions (for example, "circle time"), which shall not exceed 15 minutes in duration.
SA (c) For school-age child care programs, the following shall apply:
1. A group shall consist of the number of children:
i. Occupying an individual room or occupying a specific area within a large room. The area shall be defined by a visible barrier, partition or any other room divider or separation having a height above the eye level of the children who will use that area; or
ii. Engaged together in a particular activity at any given time, regardless of whether the room or area within a large room is divided or partitioned.
2. Each group shall be limited to a maximum of 30 children except during meals, outdoor activities and specially scheduled events.
10:122-4.5 Staff responsibilities
GEN (a) The sponsor shall:
1. Be responsible for hiring or appointing a director;
2. Ensure that the center complies with all applicable provisions of this manual; and
3. Designate individuals with the authority and responsibility to:
i. Develop and implement written policies and procedures for the operation of the center, including:
(1) A table of organization that illustrates lines of authority, responsibility and communication; and
(2) Job descriptions, titles and qualifications for all center staff;
ii. Ensure the supervision of all staff members ;
iii. Ensure that all staff members complete staff orientation and development, as specified in N.J.A.C. 10:122-4.7;
iv. Ensure the establishment of administrative, staff and children's records; and
v. Ensure the establishment of a staff member substitute system.
(b) The director shall have the authority and responsibility for:
1. The observation of all groups of children , including:
i. Daily unannounced visits by the director , on a random daily time schedule, to each group of children; and
ii. For centers with an audio or visual monitoring system , as specified in N.J.A.C. 10:122-5.5(c)1i, observation of such a system, on a random daily time schedule, by the director ;
2. The implementation of policies and procedures for the day-to-day operation of the center, including:
i. Maintenance of staff attendance records indicating daily hours worked; and
ii. Maintenance of children's daily attendance records , including the daily time of arrival and departure; and
3. The orientation of staff members to the day-to-day operation of the center, including physical layout and daily policies and procedures.
(c) When the director is absent from the center for any length of time, he or she shall designate a responsible person to assume and carry out all responsibilities of the director, as specified in (b) above.
1. The director or his or her designee(s) shall be on the premises at all times when the center is operating.
2. The director shall be scheduled to work at the center at least 50 percent of the center's operating hours. For centers serving 30 or fewer children, the center shall comply with this requirement by March 21, 2008.
(d) When the director or any head teacher or required group teacher or required program supervisor is away from the center for six or more weeks, the sponsor or director shall hire and/or designate a staff member(s) who possesses the applicable staff qualifications for the position, as specified in N.J.A.C. 10:122-4.6, to assume the applicable responsibilities of the position, as specified in this section.
EC (e) For early childhood programs , the following shall apply:
1. The head teacher (s) shall have the authority and responsibility to:
i. Ensure the development and implementation of the center's child development and activities program for children below six years of age; and
ii. Ensure the appropriateness of program activities according to both the age and developmental level of the child, as specified in N.J.A.C. 10:122-6.1(a).
2. The head teacher shall be scheduled to:
i. Work at the center for at least 75 percent of the center's daily operating hours, or at least six hours a day, whichever is less; and
ii. Plan, discuss and observe the implementation of program activities by staff members for all groups of children.
3. A head teacher who also serves as director shall be free of full-time responsibility for the direct supervision of a specific group of children.
4. The group teacher (s) shall have the authority and responsibility to:
i. Assist the head teacher in implementing the center's child development and activities program; and
ii. Assist the head teacher in ensuring that the program activities are appropriate to both the age and developmental level of the children served, as specified in N.J.A.C. 10:122-6.1(a).
5. A group teacher who serves in lieu of a head teacher for a center having a capacity of up to 30 children, as specified in N.J.A.C. 10:122-4.2(b)1, shall fulfill the responsibilities for head teacher, as specified in (e)1 through 3 above.
6. A group teacher who also serves as director for a center having a capacity of up to 30 children shall be free of full-time responsibility for the direct supervision of a specific group of children.
7. For centers using a consulting head teacher , the following shall apply:
i. The consulting head teacher shall make at least two on-site visits to the center per month, for a sufficient length of time to conduct staff development , observe the center's program, and ensure that the provisions specified in (e)1 above are met.
ii. The consulting head teacher shall have the authority and responsibility to observe and evaluate the group teacher, conditional head teacher or other staff member in charge of the center's program during each on-site visit.
iii. The center shall maintain on file a written record of:
(1) The date, purpose and nature of each visit by the consulting head teacher; and
(2) The consulting head teacher's observation and evaluation of the staff member in charge of the program.
SA (f) For school-age child care programs , the following shall apply:
1. The program supervisor shall have the authority and responsibility to:
i. Ensure the development and implementation of the center's child development and activities program for school-age children;
ii. Ensure the appropriateness of program activities according to the age and developmental level of the child, as specified in N.J.A.C. 10:122-6.1(a); and
iii. Be scheduled to work for at least 75 percent of the school-age child care program's daily operating hours. The program supervisor shall spend time at both the before-school and after-school programs, if the center provides both programs.
10:122-4.6 Staff qualifications
GEN (a) The center shall maintain on file a Staff Records Checklist designated by the Bureau, as specified in N.J.A.C. 10:122-4.1(b), indicating that the center has obtained documentation of the applicable staff education and experience, as specified in (b) through (d) below.
The director shall meet the following qualification requirements:
EC 1. For early childhood programs licensed to serve more than 30 children, the director shall meet the qualification requirements specified in one of the options set forth in the chart below for education and experience:
OPTIONS FOR MEETING THE DIRECTOR QUALIFICATIONS
|
Option |
Educational Credentials |
and |
Experience Requirements |
| |
|
|
|
|
A |
Master's Degree in any field related to children or business |
|
(N/A) |
| |
|
|
|
|
B |
Bachelor's Degree |
|
One year of managerial or supervisory experience |
2. For early childhood programs licensed to serve 30 or fewer children, the director shall meet the group teacher qualification requirements, as specified in (c)3 below.
SA 3. For school-age child care programs, the director shall meet the program supervisor qualification requirements, as specified in (d) below.
GEN 4. A director hired before March 21, 2005 who does not meet the qualification requirements specified in 1 through 3 above shall complete one of the following options by March 21, 2008:
i. The Directors Academy offered by the New Jersey Professional Development Center for Early Care and Education;
ii. The National Administrator Credential offered by the National Child Care Association; or
iii. At least 45 clock hours of staff development that includes all of the following subject areas:
(1) Planning and evaluation;
(2) Staff management and professional development;
(3) Educational programming and program development;
(4) Fiscal management;
(5) Legal issues;
(6) Facilities management;
(7) Family support and community resources;
(8) Marketing and public relations; and
(9) Leadership and advocacy.
EC (c) For early childhood programs, the following shall apply:
1. For all centers, the head teacher or consulting head teacher shall meet the qualification requirements specified in one of the six options set forth in the chart below for education and experience:
OPTIONS FOR MEETING THE HEAD TEACHER QUALIFICATIONS
|
Option |
Educational Credentials and |
College credits and Experience |
| |
|
|
|
A |
Master's Degree in Education |
Six credits and one year of experience |
| |
|
|
|
B |
Master's Degree in any field other than Education |
Nine credits and one year of experience |
| |
|
|
|
C |
Bachelor's Degree in Education, Psychology, Health Care, Nursing, or any other field related to Child Growth and Development; or Teaching Certification from Department of Education in Elementary Education, Nursery School, Preschool through Third Grade (P-3) or Teacher of the Handicapped |
Six credits and two years of experience |
| |
|
|
|
D |
Bachelor's Degree in any field other than those listed in Option C |
Nine credits and three years of experience |
| |
|
OR |
| |
|
Six credits and four years of experience |
| |
|
|
|
E |
Teaching Certification from Department of Education in a field other than those listed in Option C |
Nine credits and three years of experience |
| |
|
OR |
| |
|
Six credits and four years of experience |
| |
|
|
| |
|
|
|
F |
Montessori education equivalent to a Bachelor's Degree |
Two years of experience |
| |
|
|
|
G |
Head Teacher endorsement from the New Jersey Registry for Childhood Professionals, New Jersey Professional Development Center for Early Care and Education |
i. The credits specified in the chart above shall be college credits in early childhood education and/or child development . These credits may be part of the bachelor's or master's degree or constitute additional credits beyond the degree(s).
ii. The years of experience specified in the chart above shall be full time experience in a group program for children under six years of age. This experience may include supervised practice teaching and/or student teaching.
iii. The Bureau may grant conditional approval for a head teacher who has the required educational credentials but has insufficient college credits or experience to meet all the qualifications specified in the chart in (c)1 above.
(1) For conditional approval, the center shall maintain on file documentation of enrollment in courses leading to the required credits, or of employment leading to the required experience, as specified in the chart above.
(2) Conditional approval shall be valid for a maximum of two years, at which time the center shall obtain and maintain on file a transcript indicating completion of the required credits, or documentation of completion of the required experience, as applicable.
(3) When the head teacher has received conditional approval, the center shall have a consulting head teacher until the head teacher has met all applicable qualifications specified in the chart in (c)1 above.
2. For recreation-type centers sponsored by a county or municipal government recreation and/or park department or agency, the head teacher or consulting head teacher shall have:
i. One of the options specified in the chart in (c)1 above; or
ii. Certification as a Recreation Administrator or a Recreation Supervisor from the New Jersey Department of Communit