606 CMR, § 7.09

Current through Register 1536, December 6, 2024

Section 7.09 - Educator Qualifications and Professional Development

The following requirements apply to all programs, including family child care, small group and school age and large group and school age child care. Additional requirements for family child care are found at 606 CMR 7.09(15). Additional requirements for small group and school age child care are found at 606 CMR 7.09(16) and (17). Additional requirements for large group and school age child care are found at 606 CMR 7.09(17) through (19).

(1) The licensee must ensure that the program is staffed by appropriate numbers of persons with experience and/or education in providing education and care to children from birth to age 14.

(2) The licensee must employ educators who, by prior education, training, experience and interest in fostering development and early childhood education, are qualified to meet the needs of the children enrolled, and who meet the qualifications for their respective positions.

(3) The licensee shall encourage educators to continue their education in their appropriate fields and to maintain open and ongoing communication within the program to enhance the quality of care provided to the children.

(4) All educators must register annually with the Department of Early Education and Care in accordance with EEC policies and procedures.

(5) All educators must possess the qualifications required for their positions in accordance with EEC regulations.

(6) All educators must demonstrate and maintain at all times the physical, mental and emotional ability to care for the children for whom they are responsible in a way that meets the generally accepted physical, social, emotional and intellectual needs of children. Educators must follow good personal hygiene practices at all times.

(7) No educator may regularly care for child care children more than 12 hours in any 24-hour period.

(8) Educators must exercise good judgment at all times and demonstrate an ability to handle emergency situations appropriately.

(9) All educators must attend an orientation to early education and care approved by the Department.

(10)Evidence of Required Certification, Licensure or Registration. The licensee must obtain evidence that personnel are currently certified, licensed or registered where applicable laws and regulations require certification, licensure or registration, including, but not limited to, driver's licenses and EEC registration.

(11)Health Requirements for Educators. Prior to licensure or employment of any educator the licensee must obtain from a licensed health care practitioner:

(a) evidence that the educator has had a physical examination within one year prior to employment;

(b) evidence that the educator has been immunized in accordance with the recommendations of the Department of Public Health;

(c) a statement of any limitations on the educator in working with children.

(12) Evidence of immunity to communicable diseases shall not be required from any person who states in writing that vaccination or immunization conflicts with his/her sincere religious beliefs or who presents a written statement by a licensed medical professional that such vaccination or immunization is medically contra-indicated.

(13) The educator must provide documentation of a current physical examination at the time of each license renewal or more often if, in the Department's or licensee's judgment, a medical condition requires a greater frequency.

(14)Current Health Statement. The educator must provide, upon request by the Department, a current statement signed by a physician or other professional acceptable to the Department certifying that she/he is in good physical and mental health.

(15)Additional Requirements for Educators in Family Child Care.

(a) All educators must be at least 18 years of age.

(b)Licensees. Prior to being licensed for the first time to provide family child care the applicant must submit evidence of current certification in basic first aid and CPR that is age appropriate for all of the children in care. In addition:

1. an applicant for a license to care for six or fewer children must have at least the following:

a. one year of experience as a parent; or

b. one year of full-time experience, or the equivalent, in caring for children younger than 12 years of age; or

c. nine months of full-time experience in caring for children younger than 14 years of age and completion of 15 hours of training, approved by the Department, not including the EEC educator orientation; or

d. six months of full-time experience in caring for children younger than 12 years of age and completion of 30 hours of training, approved by the Department, not including the EEC orientation; or

e. qualification as a teacher or site coordinator by EEC.

2. An applicant for a license to care for seven or eight children, at least two of whom must be school age, must have evidence of having completed within one year prior to application a pre-service training approved by the Department; and either

a. two years of experience as a family child care licensee or certified assistant; or

b. one year of experience as a family child care licensee or certified assistant and

i. one additional year caring for unrelated children in a group setting; or

ii. EEC certification as a teacher or site coordinator.

aa. An additional three credits in education or early childhood education may substitute for six months of the required additional experience.

bb. An additional six credits in education or early childhood education may substitute for nine months of the required additional experience.

3. An applicant for a license to care for nine or ten children must have evidence of having completed within one year prior to application a five hour pre-service training approved by the Department and either

a. three years of experience as a family child care licensee or certified assistant, or

b. one year of experience as a family child care licensee or certified assistant; and one of the following:

i. two additional years caring for unrelated children in a group setting, which may include experience as a family child care licensee or certified assistant;

ii. EEC certification as a teacher or site coordinator and one additional year of experience caring for unrelated children in a group setting, which may include experience as a family child care licensee or certified assistant.

aa. An additional three credits in education or early childhood education may substitute for six months of the required additional experience.

bb. An additional six credits in education or early childhood education will substitute for nine months of the additional required experience.

(c)Assistants. All assistants must demonstrate the ability to implement the provider's curriculum, activities and routines.

1.Certified Assistant.

a. An educator who meets the qualifications of the licensee may replace the licensee at any time, provided notice is given to parents in advance, in accordance with 606 CMR 7.08(8)(c).

b. An educator who meets the qualifications of a family child care educator licensed to serve six or fewer children may substitute for a provider licensed to care for up to ten children for up to 25 hours in a 12 month period.

2.Regular Assistant. An educator whose qualifications are neither equal to nor greater than the licensee's qualifications may provide care under the general supervision of the licensee.

a. A regular assistant may be alone on the premises with up to six children for up to 25 hours in a 12 month period, or up to eight hours in a seven day period, provided s/he is currently certified in first aid and CPR.

b. In programs licensed to care for seven or more children, a regular assistant may provide care only under the supervision of a licensee or certified assistant.

(d)Program Orientation. The licensee must inform all educators of the location of the children's records and the first aid kit and all procedures pertaining to the operation of the program, including, but not limited to, emergency procedures, variances, first aid procedures, supervision, child guidance, children's individual health plans, including infant sleeping positions, and the curriculum plan.

(e)In-service Training. All licensees, certified assistants, and any educator who may be alone with children must maintain current certification of training in basic first aid and CPR, in accordance with EEC policy. Training in first aid and CPR may not be counted toward Professional Development hours.

(f)Professional Development.

1. Educators in family child care working more than 25 hours per year but less than ten hours per week must complete at least five hours of professional development activities per year.

2. Educators in family child care working more than ten hours per week must complete at least ten hours of professional development per year.

3. At least one third of the required professional development must address diverse learners.

(g) Upon request by the Department the licensee must provide a current statement signed by a physician or other professional acceptable to the Department certifying that any household member or person regularly on the premises of the family child care home is in good physical and mental health.

(16)Additional Requirements for Small Group and School Age Child Care.

(a) At least one educator in each small group and school age child care program must meet the qualifications for a family child care provider for the number of children in care; or

1. be teacher or site coordinator qualified by EEC, if caring for six or fewer children;

2. be lead teacher qualified, or have two years of experience as a teacher or site coordinator if caring of seven or eight children; or

3. have three years of experience as a teacher or site coordinator, or be lead teacher or program administrator qualified, if caring for nine or ten children.

(b) Additional staff in small group and school age child care programs must be at least 16 years of age and in high school, or at least 18 years of age.

(c) Educators in small group and school age child care must complete ten hours of professional development activities per year. At least 25% of the required professional development must address diverse learners.

(17)Additional Requirements for Small Group and School Age and Large Group and School Age Child Care.

(a)Staff Orientation. The licensee must provide and document orientation for all employees.

1. No staff person shall supervise or be solely responsible for children in care until she/he has received the minimum orientation described in 606 CMR 7.09(16)(a)2.

2. The licensee must have a written plan for staff orientation, which must include:

a. the position of the staff person responsible for conducting the orientation;

b. the schedule and number of hours of the orientation; and

c. the content of the orientation which must include, but not be limited to a review of the following: job description; personnel policies; statement of purpose; statement of non-discrimination; health care policy, including medication administration policies and infant sleeping positions; information contained in the children's records that is pertinent to the education and care of the children; the program's confidentiality policy; child guidance policies and procedures for protecting children from abuse and neglect; suspension and termination policy; emergency plans and procedures; program plans; referral procedures; transportation plans; procedures for parent visits, input, conferences and communication; the identification of the Department of Early Education and Care as the licensing authority; and notification that 102 CMR 1.00 and 606 CMR 7.00 and 14.00 are available at the program site.

(b)Staff Supervision. The licensee must describe in writing and implement its plan for regular, ongoing supervision of all educators, as appropriate to their positions. Supervision must include, but not be limited to:

1. observation of educators while working with children at least every two months by a staff with lead teacher, site coordinator or higher qualifications;

2. consultation with educators regarding children's individual needs and communication with families; and

3. documentation of all observations and consultations.

(c)Staff Evaluation. The licensee must conduct and document at least an annual written evaluation of the performance of each educator.

1. The evaluation must identify staff training and professional development needs; modify staff performance agreements, as necessary, and be used to assist each educator in improving his or her skills and professional competencies.

2. Each educator must have the opportunity to provide input, read, comment on and sign his/her annual evaluation.

(d)First Aid Training. All educators must obtain within six months of employment, and must maintain thereafter current certification of training in basic first aid appropriate to the population served.

(18)Additional Requirements for Large Group and School Age Child Care Programs Serving Children Younger than School Age.

(a)Definitions. For the purposes of educator qualifications in 606 CMR 7.09(18), the following definitions shall apply:

1.Alternative Early Childhood Training Program. The successful completion of a post-secondary early childhood teacher training program, approved by the Department, which includes both academic study of the categories in 606 CMR 7.09(18)(b) and at least one practicum as defined in 606 CMR 7.09(18)(a)2.

2.Practicum. The successful completion of a minimum of 150 hours, over at least an eight week period, of direct work with infants and toddlers or preschoolers, supervised by personnel from an institution of higher learning or an alternative early childhood training program, with at least three site visits, including conferencing, and placement with a lead teacher qualified staff member. Responsibilities of the student intern shall include program planning, parent relations, and management of the whole group for a portion of the placement. The practicum must be with the appropriate chronological or developmental age to qualify staff to work with the corresponding age group. One practicum may substitute for nine months of work experience.

3.Related Field of Study. A program at an accredited institution of higher learning which includes the study of caregiving, development, education, health care, or psychology of children, birth to eight years of age, or provision of direct services to children and their families.

4.Work Experience. Experience in providing direct care and teaching during all types of program activities to a group of children, younger than seven years old and not yet enrolled in first grade, or special needs children up to age 16, at least 12 hours per week, on a regular basis, in periods of at least four weeks in one program. Work experience of less than 12 hours per week may count as follows: 50 hours of consistent work at one program is equivalent to one month of work experience. Work experience, whether paid or unpaid, must meet the staff supervision requirements in 606 CMR 7.09(17)(b) and (c). Work experience must be in a licensed group child care center, family child care home or equivalent program accepted by the Department.

(b)Categories of Study. The requirement for a category of study must be met with credits from an accredited institution of higher learning, alternative early childhood training program or with an Early Childhood Continuing Education Unit (CEU). Four CEUs in the same category of study are equal to three credits, three CEUs in the same category of study are equal to two credits. CEUs will not apply to Child Growth and Development. No more than three of the required 12 credits for lead teacher certification may be met with CEUs. The study of Early Childhood Education shall be categorized as follows:

1. Child Growth and Development, Birth - Eight Years.

2. Planning Programs and Environments for Young Children

3. Curriculum for Early Childhood Settings

4. Child and Classroom Management

5. Advanced or Specialized Early Childhood Education or Development

6. Children with Special Needs, Birth through 16 years.

7. Infant and Toddler Development, Care, and Program Planning

8. Health and Safety in Early Childhood

9. Families and Community

10. Child Care Policy

11. Supervision or Staff Development in Early Childhood Education

12. Child Observation, Documentation and Assessment

13. Child Care Administration

(c)Educator Qualifications.

1.Assistant Teacher. Must be at least 16 years of age or have a high school diploma or equivalent; must work at all times under the direct supervision of at least a teacher qualified staff person.

2.Teacher.

a. Must be at least 21 years of age or have a high school diploma or equivalent and meet one of the following sets of requirements:

i. have successfully completed three credits in category Child Growth and Development and have nine months of work experience or one practicum; or

ii. have a Child Development Associate (CDA) Credential; or

iii. have graduated from a two-year high school vocational program in early childhood education, approved by the Department for both the education and experience requirements and have been evaluated and recommended by the program instructor.

b. The following education may substitute for a portion of the required work experience:

i. An Associate's or Bachelor's degree in early childhood education or a related field of study may substitute for six months of the required experience.

ii. A Bachelor's degree in an unrelated field of study may substitute for three months of the required experience.

iii. For infant-toddler teachers, one continuing education unit (ten hours of instruction) in category Infant and Toddler Development, Care and Program Planning may substitute for three months of work experience.

c. To be qualified as a preschool teacher, three months of the required work experience must be in caregiving to preschool age children.

d. To be qualified as an infant/toddler teacher, three months of the required work experience must be in caregiving to infant/toddlers.

3.Lead Teacher for Infants and Toddlers. Must be at least 21 years of age and meet one of the following sets of requirements for education and experience. At least nine months of work experience or one practicum must be with infants and toddlers. If all work experience is with infants and toddlers, the total work experience required is reduced by 1/3.

a. High School diploma or equivalent; and

i. 12 credits in at least four categories of study except Child Care Administration including three credits in Child Growth and Development and three credits in Infant and Toddler Care; and

ii. 36 months of work experience.

b. High School diploma or equivalent; Child Development Associate (CDA) Credential in Center-based, Home Visitor or Family Child Care setting with infant/toddler endorsement and 27 months of work experience.

c. Associate's degree in Early Childhood Education or a related field of study; and

i. 12 credits in at least four categories of study except Child Care Administration including three credits in Child Growth and Development and three credits in Infant and Toddler Care; and

ii. 18 months of work experience.

d. Bachelor's degree in an unrelated field of study; and

i. 12 credits in at least four categories of study except Child Care Administration including three credits in Child Growth and Development and three credits in Infant and Toddler Care; and

ii. 18 months of work experience.

e. Bachelor's or advanced degree in Early Childhood Education or in a related field of study; and

i. 12 credits in at least four categories of study except Child Care Administration including three credits in Child Growth and Development and three credits in Infant and Toddler Care;

ii. and nine months of work experience.

f. Alternative Early Childhood Training Program; and

i. 12 credits in at least four categories of study except Child Care Administration including three credits in Child Growth and Development and three credits in Infant and Toddler Care; and

ii. 27 months of work experience.

g. Certification as an Early Intervention Specialist by the Department of Public Health.

4.Lead Teacher for Preschoolers. Must be at least 21 years of age and meet one of the following sets of requirements for education and experience. At least nine months of work experience or one practicum must be with preschoolers.

a. High School diploma or equivalent; and

i. 12 credits in at least four categories of study except Child Care Administration including three credits in Child Growth and Development, and two credits in Planning Programs, Curriculum or Classroom management; and

ii. 36 months of work experience.

b. High School diploma or equivalent; Child Development Associate (CDA) Credential in Center-based, Home Visitor, or Family Child Care setting with a preschool endorsement; and 27 months of work experience.

c. Associate's degree in Early Childhood Education or a related field of study; and

ii. 18 months of work experience.

d. Bachelor's degree in an unrelated field of study; and

ii. 18 months of work experience.

e. Bachelor's or advanced degree in Early Childhood Education or in a related field of study; and

ii. nine months of work experience.

f. Alternative Early Childhood Training Program; and

ii. 27 months of work experience.

g. K-3 Teacher of Young Children with Special Needs Certification from the Department of Education.

5.Director I: must meet the requirements of lead teacher; have six months of work experience after meeting lead teacher qualifications; have evidence of satisfactory completion of at least two credits or three CEUs in category Child Care Administration; and have evidence of satisfactory completion of at least two additional credits or three CEU's in any category 606 CMR 7.09(18)(b)1. through 12.

6.Director II: must meet all the requirements of Director I and have evidence of satisfactory completion of at least two additional credits or three CEUs in any category 606 CMR 7.09(18)(b)6. or 606 CMR 7.09(18)(b)8. through 13.

(d)Professional Development. Educators in large group and school age child care programs must participate in professional development activities as follows:

1. Educators working fewer than ten hours per week shall complete a minimum of five hours of professional development activities per year;

2. Educators working at least ten but fewer than 20 hours per week shall complete a minimum of 12 hours of professional development activities per year;

3. Educators working 20 or more hours per week shall complete a minimum of 20 hours of professional development activities per year.

4. At least one third of the required professional development must address diverse learners.

(19)Additional Requirements for Large Group and School Age Child Care Programs Serving School Age Children.

(a)Staff Qualifications

1.Assistant Leader. An assistant leader assists the group leader in carrying out his/her responsibilities. An assistant leader shall be:

a. at least 16 years of age, work under the direct supervision of a group leader, and either

i. have a high school diploma or equivalent; or

ii. be currently enrolled in a high school program or equivalent; or

b. 18 years of age or older and work under the general supervision of the group leader.

2.Group Leader. A group leader shall be at least 18 years of age and meet one of the following sets of requirements:

a. Have a Bachelor's Degree or an Associate's Degree; and have three months of experience working with school age children; or

b. Have a high school diploma or equivalent; and have six months of experience working with school age children including three months of supervised experience at a school age child care program; or

c. Have nine months of experience with school age children including three months of supervised experience at a school age child care program.

3.Site Coordinator. A site coordinator shall be at least 20 years of age and meet one of the following sets of requirements:

a. Have a minimum of a Bachelor's Degree in Child Development, Early Childhood Education, Elementary Education, Child Guidance, Human Services, Nursing, Psychology, Physical Education, Recreation, Child Psychology, the Arts, Social Work, Sociology, or Child Care; and have six months of experience working with school age children; or

b. Have a Bachelor's Degree in any field or an Associate's Degree in any field of study listed in 606 CMR 7.09(19)(a)3.a. and have nine months of experience working with school age children; or

c. Have a high school diploma or equivalent; and have one year of experience working with school age children.

4.Program Administrator. Must be at least 21 years of age and meet the requirements of a Site Coordinator. In addition the Program Coordinator must have six months of administrative experience or evidence of satisfactory completion of at least nine credits in management or administration subject areas from an accredited institution of higher education.

(b)Professional Development. Educators in large group and school age child care programs must participate in professional development activities as follows:

1. Educators working fewer than ten hours per week shall complete a minimum of five hours of professional development activities per year;

2. Educators working at least ten but fewer than 20 hours per week shall complete a minimum of 12 hours of professional development activities per year;

3. Educators working 20 or more hours per week shall complete a minimum of 20 hours of professional development activities per year.

4. At least 1/3 of the required professional development must address diverse learners.

(20) In the event the Commissioner of the Department determines there is a significant workforce shortage of early educators, and such shortages prevent programs from obtaining the appropriate staffing necessary to meet the health and safety needs of children, the Commissioner of the Department shall have the authority to revise and/or rescind any educator qualifications and professional development requirements under 606 CMR 7.04 and 7.09 to address this need.

606 CMR, § 7.09

Amended by Mass Register Issue 1452, eff. 9/1/2021.

Amended by Mass Register Issue 1459, eff. 9/1/2021.