10a ncac 09 .2902         LICENSE

(a)  Developmental Day services shall be available for preschool children for a minimum of 8 hours per day, 5 days per week, Monday through Friday, and 12 months per year except in the following circumstances:

(1)           in counties where no Community-Based Developmental Day Center operates, a Developmental Day program operated by the Local Education Agency may provide services for the 10 month school year (as defined by the State Board of Education); or

(2)           if a Community-Based Developmental Day center opens in a county where Developmental Day services are only provided by a Developmental Day program operated by the Local Education Agency, the Developmental Day program operated by the Local Education Agency shall continue to provide services for the 10 month school year until the end of the following school year. At the end of the following school year, all Developmental Day services in the county shall be available as described in Paragraph (a) of this Rule.

(b)  For purposes of this Rule, a "Community-Based Developmental Day Center" means a Developmental Day Center not operated by the Local Education Agency.

(c)  Developmental Day Centers shall maintain a four or five star rated license with an average score of 5.0 on the appropriate environment rating scale in each classroom evaluated as defined in 10A NCAC 09 .0102(15), (25) and (40).

(d)  A child care center with a temporary license may receive certification status if all rules in this Section are met, except for Paragraph (c) of this Rule, and an application for a two to five star rated licensed has been submitted in accordance with Section .2800 of this Chapter. At the end of the temporary license period the child care center shall obtain a four or five star rated license as specified in Paragraph (c) of this Rule. Failure to receive and maintain a four or five star rated license shall result in the removal of certification status as a Developmental Day Center.

(e)  The child care center license shall indicate certification as a Developmental Day Center.

(f)  The center shall comply with the staff-child ratio and maximum group size as follows:

MAXIMUM

AGE                                       RATIO STAFF/CHILDREN                                             GROUP SIZE

0-12 Months                                         1/4                                                                                          8

1 to 2 Years                                          1/5                                                                                          10

2 Years and Older                                1/6                                                                                          18

(g)  A minimum of two staff members shall be on site at all times while children are in attendance at the facility.

(h)  A child care center may appeal the removal of certification status in accordance with G.S. 110-94; however, an appeal shall not preclude a Local Education Agency from removing contracted children from the program before a final decision on the appeal is reached.

History Note:        Authority G.S. 110-85; 110-88(5); 110-88(10); 110-88(14);

Eff. July 1, 2010;

Amended Eff. August 1, 2016;

Readopted Eff. October 1. 2017.