N.Y. Comp. Codes R. & Regs. tit. 18 § 414.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 414.13 - Staff qualifications

(a) Staff members must be qualified by training and experience to carry out their respective functions in the administration, operation and maintenance of the school-age child care program.

(1) Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

(2) Staff and volunteers must be in good physical and mental health, and have the energy and emotional stability necessary to fulfill the responsibilities of their positions.

(b) School-age child care programs must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be reviewed must be required to provide the following:

(1) a statement or summary of each applicant's employment history including, but not limited to, any relevant child-caring experience;

(2) the names, addresses and day time telephone numbers of at least two acceptable references, other than relatives, at least one of whom can verify employment history, work record and qualifications, and at least one of whom can attest to the applicant's character, habits and personal qualifications to be a school-age child care program staff member;

(3) a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction and fingerprint images as required to comply with the requirements of section 413.4 of this Title;

(4) the information necessary to determine whether the applicant is the subject of an indicated report of child abuse and maltreatment as required by section 414.10(b)(1)(i) of this Part;

(5) the information necessary to determine whether the applicant is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs, pursuant to section 495 of the Social Services Law, as required by section 414.10(b)(1)(ii) of this Part; and

(6) the information necessary to complete the criminal history review and background clearance requirements as outlined in this Part. This information must be submitted to the office on forms provided by the office.

(c) If an applicant discloses in the sworn statement furnished in accordance with paragraph (b)(3) of this section that he or she has been convicted of a misdemeanor or felony, the school-age child care program must inform the office and provide a copy of the statement to the office so the office may take appropriate action in conformance with the provisions of section 413.4 of this Title.

(d) Each program must have a staff person who meets the qualifications set forth in paragraph (g)(1) of this section to perform supervision functions for that program.

(1) Each school-age child care program must be staffed to perform administrative/fiscal management functions and, during all hours of operation, program supervision functions, including developing, directing and supervising the daily activity programs for children. These functions may be performed by one individual or may be shared in any combination between two or more individuals.

(2) When an agency operates multiple registered programs, the person performing the administrative/fiscal management functions may be shared across such programs.

(3) With the prior written approval of the office, a staff person who is qualified to perform program supervision functions may perform such functions at up to four different programs operated by a single agency. In order to obtain office approval, the agency will be required to demonstrate how the staff person will provide adequate supervision and program development support to each site.

(e) In school-age child care programs where the registered capacity is less than 45 children, a group teacher or an assistant teacher may also perform administrative/fiscal management functions and/or program supervision functions, provided that the qualifications for such positions as set forth in paragraph (g)(1) of this section have been met.

(f) In school-age child care programs with a registered capacity of 45 or more children enrolled, the administrative/fiscal management functions and program supervision functions may not be performed by a group teacher or an assistant teacher.

	Education		Experience
Person responsible for program supervision functions (Director)	Associate's degree in child development, elementary education, physical education, recreation or a related field.	AND	Two years direct experience working with children less than 13 years of age, including at least one year in a supervisory capacity in a child care program or related field of work.
	OR
	New York State Children's Program Administrator credential	AND	Two years direct experience working with children under the age of 13 years, including at least one year in a supervisory capacity in a child care program or related field of work.
	OR
	School age child care credential or other office recognized credential specific to the school-age development period.	AND	Two years direct experience working with children under the age of 13 years, including at least one year in a supervisory capacity in a child care program or related field of work.
	OR
	Two years of college with 18 credits in child development, elementary education, physical education, recreation or a related field.	AND	Two years direct experience working with children under the age of 13 years, including at least one year in a supervisory capacity in a child care program or related field of work.
Group teacher	Associate's degree in child development, elementary education, physical education, recreation or a related field.	AND	No additional experience required.
	OR
	School-age child care credential or other office recognized credential specific to the school-age developmental period.	AND	One year experience working with children less than 13 years of age.
	OR
	High school diploma or its equivalent	AND	Two years direct experience working with children under 13 years of age
Assistant teacher	High school diploma or its equivalent	OR	One year experience working with children under 13 years of age.

(g) The minimum education and experience qualifications for staff are as follows:

(1) To be qualified as a director, a person must possess either:

(i) an associate's degree in child development, elementary education, physical education, recreation or a related field; and two years of direct experience working with children less than 13 years of age, including at least 1 year in a supervisory capacity in a child care program or related field of work; or

(ii) a New York State children's program administrator credential; and two years direct experience working with children less than 13 years of age, including at least one year in a supervisory capacity in a child care program or related field of work; or

(iii) a school-age child care credential or other office-recognized credential specific to the school-age developmental period; and two years direct experience working with children less than 13 years of age, including at least 1 year in a supervisory capacity in a child care program or related field of work; or

(iv) two years of college with 18 credits in child development, elementary education, physical education, recreation or a related field; and two years direct experience working with children less than 13 years including at least 1 year in a supervisory capacity in a child care program or related field of work.

(2) To be qualified as a group teacher, a person must possess either:

(i) an associate's degree in child development, elementary education, physical education, recreation or a related field; or

(ii) a school-age child care credential or other office-recognized credential specific to the school-age developmental period; and 1 year experience working with children less than 13 years of age; or

(iii) a high school diploma or its equivalent; and 2 years direct experience working with children under 13 years of age.

(3) To be qualified as an assistant teacher, a person must possess either:

(i) a high school diploma, or its equivalent; or

(ii) one year of experience working with children less than 13 years of age.

(h) The provision of subdivision (g) of this section notwithstanding, persons holding positions in a school-age child care program prior to the effective date of these regulations who met the qualifications which were in effect at the time they were hired may continue to be employed in such positions.

(i) No person other than a director, group teacher or assistant teacher may supervise a group independently even for brief periods of time, except in an emergency.

(j) The minimum age of a staff person is 16 years of age.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 414.13

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020