§ 47.13 Child Care Programs: Teaching Staff Qualifications and Coverage.
RCNY § 47.13
(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.
(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)
