Child Care Programs: Teaching Staff Qualifications and Coverage.
24 RCNY § 47.13
in effect§ 47.13 Child Care Programs: Teaching Staff Qualifications and Coverage.
(a) Accreditation. In determining teaching staff qualifications, the Department may accept documentation from schools, colleges and universities approved by the State Education Department or other teacher accreditation organizations acceptable to the Department certifying that such persons have met the specific Code requirements. All documents pertaining to teaching staff qualifications must be submitted for review to an agency designated by the Department. All foreign language documents pertaining to teaching staff qualifications shall be accompanied by an English language translation of such documents performed by a translator on the list of foreign language evaluation services maintained by the Department of Citywide Administrative Services.
(b) Pending certifications. A permittee may temporarily employ an education director or group teacher whose application for certification is fully submitted and pending certification by the State Education Department or other accreditation organization or whose study plan for obtaining certification is fully submitted and pending approval by the Department, provided that the permittee has complied with criminal justice and Statewide Central Register of Child Abuse and Maltreatment (SCR) screening requirements for staff set forth in this Article. No individual qualifying as an education director under this subsection may serve in that capacity with a pending certification for a total of more than 6 months. All relevant documentation must be kept on site and made available to the Department upon request.
(c) Education director, coverage, duties, qualification, hours. Every child care program must have an education director who is qualified pursuant to the requirements of this section and screened in accordance with 24 RCNY Health Code § 47.19 and is on site for no less than 8 hours per day during the program’s core operating hours. The education director shall be in charge of staff training, educational and child development programs and shall supervise all teaching staff at each permitted child care program. An education director may serve in such capacity for a maximum of two programs, and only if such programs are co-located infant/toddler child care programs and preschool child care programs and operated by the same legal entity.
(1) Coverage for education director. The education director or education director designee of a child care program must be on site whenever at least one child is present.
(A) Education director designee. A child care program must identify an education director designee to provide coverage for the education director during hours of service outside of such program’s core operating hours, or during an absence of the education director that is not to exceed a total of 60 cumulative days in a 12-month period.
(i) An education director designee must have been screened in accordance with 24 RCNY Health Code § 47.19. For a preschool child care program, an education director designee must have the qualifications set forth in 24 RCNY Health Code §§ 47.13(d)(1) or 47.13(d)(2). For an infant/toddler child care program, an education director designee must have the qualifications set forth in 24 RCNY Health Code §§ 47.13(d)(1), 47.13(d)(2) or 47.15(a).
(ii) When an education director is permanently separated from service at a child care program, the education director designee at such child care program may serve as the education director for no more than 60 days, provided that the permittee notifies the Department and all program staff in writing within 5 business days of such separation and makes such written communication to staff available to the Department for inspection upon request.
(iii) The person identified as the education director designee may only serve in that role under the permit for which they are employed, and they may be identified as the education director designee for only one child care program. The education director designee may have teaching duties regardless of the number of children in attendance at the program.
(2) Teaching duties. The education director shall have no teaching duties when the attendance at a child care program is greater than 40 children, or if the education director is serving in such capacity for two co-located programs. If the child care program holding a permit is part of an elementary school offering classes from grades one through six, and has either child care programs for children under three years of age or has voluntarily applied for a permit, pursuant to this Article, and such school also has a principal with no teaching duties, the education director shall not have any teaching duties when more than 60 children are enrolled in the child care program.
(3) Qualifications. Except as provided by 24 RCNY Health Code § 47.15 or 47.17, the education director shall have the following qualifications, documentation of which shall be kept on site and made available to the Department upon request:
(A) A baccalaureate degree in early childhood education or a related field of study approved by the Department and at least two years of documented experience as a group teacher in a program for children under six years of age; and
(B) Valid certification issued by the State Education Department, pursuant to 8 NYCRR § 80 or successor rule.
(d) Group teacher. Except as provided in 24 RCNY Health Code § 47.15 or 47.17, no person shall be placed in charge of a group of children in a child care program unless qualified pursuant to paragraph (1), (2), or (3) of this subdivision. All relevant documentation shall be kept on site and made available to the Department upon request.
(1) Baccalaureate degree and State certification. A baccalaureate degree in early childhood education or a related field of study approved by the Department and valid certification issued by the State Education Department, pursuant to 8 NYCRR § 80 or successor rule; or
(2) Baccalaureate degree and experience. A baccalaureate degree in early childhood education or a related field of study approved by the Department and two years of supervised and documented relevant experience in a pre-school program if currently employed in a permitted child care program; or
(3) Study plan. The person has proposed a plan for meeting the requirements of paragraph (1) or (2) of this subdivision within seven years, and has obtained approval of this plan by an accredited college. A person who is eligible pursuant to a study plan shall submit documentation to the Department indicating proof of enrollment in such college and specifying the time, not to exceed seven years, required for completion of the study plan.
(A) The course of study may include the following study areas:
(i) Sociological, Historical, Philosophical Foundations of Education or
(ii) Sociology of Education or History of Education or Philosophy of Education
(iii) Child Development or Child Psychology
(iv) Educational Developmental Psychology or Psychological Foundations of Education
(v) Instructional Materials and Methods Courses - three courses required, including one on the pre-kindergarten or kindergarten level including, but not limited to, such courses as:
(aa) Teaching of Reading, Teaching of Math, Teaching Science to Young Children
(bb) Teaching of Music, Teaching of Art, Methods of Teaching of Language Arts
(cc) Teaching of Computer Technology to Young Children
(vi) Parent Education and Community Relations or Urban Education or Sociology of the Family or Parent, Child, School.
(B) To be study plan eligible, a person shall have:
(i) Associate's (AA or AS) degree in early children education, practicum included; or
(ii) Ninety or more undergraduate college credits and one year classroom experience teaching children in pre-kindergarten, kindergarten or grades 1-2; or
(iii) Baccalaureate in any other academic subject and one year classroom experience teaching children up to third grade.
(e) Group teacher for children with special needs. A group teacher for children with special needs shall be certified in special education, or early childhood education, with additional appropriate training in working with special needs children, in accordance with applicable law. All relevant documentation shall be kept on site and made available to the Department upon request.
(f) Assistant teacher. An assistant teacher shall be at least 18 years of age and have a high school diploma or equivalent (GED). All relevant documentation shall be kept on site and made available to the Department upon request.
(g) Group teacher for children younger than 3 years old in a preschool child care program. A group teacher for children younger than 3 years old in a preschool child care program must, at minimum, meet the qualifications set forth in 24 RCNY Health Code § 47.15(b).
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 12/26/2019, eff. 1/25/2020; amended City Record 8/19/2025, eff. 8/19/2025; amended City Record 11/20/2025, eff. 11/20/2025)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-44868Fetched: 10/24/2026