The Learning Experience

418-1.4(h) · The director or a designated qualified staff member must conduct monthly inspections of the premises to observe possible fire or safety hazards. Any such hazard must be corrected immediately.

418-1.8(a) · Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.8(k)(6)(i) · for 5-year-old children: there must be one teacher for every nine children;

418-1.8(l)(8) · Except for Office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center's daily operation.

418-1.11(c)(1) · The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program's health care consultant unless the only medications to be administered are:

418-1.11(h)(5) · When a program has not been authorized to administer medications in a day care setting in accordance with the requirements of subdivision (f) of this section, a designated staff person may administer emergency care through the use of patient-specific epinephrine auto-injectors, Diphenhydramine, when prescribed in combination with the auto-injector, asthma inhalers and asthma nebulizers when necessary to prevent anaphylaxis or breathing difficulty for an individual child, but only when the parent and the child's health care provider have indicated such treatment is appropriate. In addition:

418-1.11(i)(6) · All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program's health care plan approved by the Office.

418-1.13(g) · Minimum education and experience qualifications:

418-1.13(g)(3)(i) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: an Associate's degree in Early Childhood, Child Development or a related field; and one year of experience related to caring for infants and toddlers; or

418-1.8(k)(4)(i) · for 3-year-old children: there must be one teacher for every seven children;

Corrected by Apr 2, 2026

418-1.8(b) · The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Corrected by Mar 9, 2026

418-1.8(k)(3)(i) · for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Corrected by Mar 9, 2026

418-1.11(b)(10) · Consumption of or being under the influences of a controlled substance by any staff person or volunteer is prohibited during day care hours, unless the controlled substance is prescribed by a health care provider is being taken as directed, and does not interfere with the person's ability to perform his or her child day care functions.

Corrected by Mar 9, 2026

418-1.13(a)(1) · Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

Corrected by Mar 9, 2026

418-1.11(f)(19) · Day care programs must comply with all Federal and State requirements for the storage and disposal of all types of medications, including controlled substances.

Corrected by Dec 16, 2025

418-1.15(a)(4) · The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

Corrected by Dec 16, 2025

418-1.5(aa) · The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Corrected by Sep 9, 2025

418-1.8(k)(3)(i) · for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Corrected by Sep 9, 2025

418-1.12(aj) · Children may not be placed in the crib with a bottle, food or drink.

Corrected by Sep 9, 2025

418-1.15(a)(4) · The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

Corrected by Sep 9, 2025

418-1.8(a) · Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

Corrected by Aug 19, 2025

418-1.3(s) · Space must be provided so that children's personal items may be stored separately.

Corrected by Aug 5, 2025

418-1.8(a) · Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

Corrected by Aug 5, 2025

418-1.11(i)(6) · All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program's health care plan approved by the Office.

Corrected by Aug 5, 2025

418-1.11(i)(18)(iii) · Children must be kept clean and comfortable at all times. Diapers must be changed when wet or soiled. The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation. Diaper changing surfaces must be cleaned and disinfected after each use with an Environmental Protection Agency (EPA) registered product that has an EPA registration number on the label.

Corrected by Aug 5, 2025

418-1.13(g)(2)(i) · To be qualified as a group teacher for a preschool class, a person must possess either: an Associate's degree in Early Childhood, Child Development or related field; or

Corrected by Aug 5, 2025

418-1.13(g)(3)(iv) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to an Infant and Toddler Child Care and Education Credential, Infant Toddler Child Development Associate Credential, other Office-recognized credential specific to the infant/toddler developmental period or an Associate's degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

Corrected by Aug 5, 2025

418-1.13(g)(2) · To be qualified as a group teacher for a preschool class, a person must possess either:

Corrected by Jun 26, 2025

418-1.13(g)(3)(iv) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to an Infant and Toddler Child Care and Education Credential, Infant Toddler Child Development Associate Credential, other Office-recognized credential specific to the infant/toddler developmental period or an Associate's degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

Corrected by Jun 26, 2025

418-1.10(d) · The director or licensee of the child day care center is responsible for implementing procedures which ensure the safety and protection of any child named in a report of child abuse or maltreatment involving a situation which occurs while the child is in attendance at the center. Immediately after making or causing to be made a report pursuant to section 418-1.10(c), the director or licensee of the center must take such appropriate action as is necessary to ensure the health and safety of the children involved in the report and, as necessary, of any other children in the care of the center. The director or licensee must also take all reasonable steps to preserve any potential evidence of abuse or maltreatment. Insofar as possible, any action taken under this subdivision must cause as little disruption as possible to the daily routine of the children in the center.

Corrected by Apr 21, 2025

418-1.15(a)(4) · The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

Corrected by Apr 21, 2025

418-1.13(b)(6) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: 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.

Corrected by Mar 27, 2025

418-1.13(g)(2)(i) · To be qualified as a group teacher for a preschool class, a person must possess either: an Associate's degree in Early Childhood, Child Development or related field; or

Corrected by Mar 27, 2025

418-1.13(g)(3)(iv) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to an Infant and Toddler Child Care and Education Credential, Infant Toddler Child Development Associate Credential, other Office-recognized credential specific to the infant/toddler developmental period or an Associate's degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

Corrected by Mar 27, 2025

418-1.8(k)(3)(ii) · for children between ages 18 months old and 36 months old: the maximum group size is twelve children.

Corrected by Nov 20, 2024

418-1.8(l)(7) · Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Corrected by Nov 20, 2024

418-1.13(g)(2) · To be qualified as a group teacher for a preschool class, a person must possess either:

Corrected by Nov 20, 2024

418-1.13(g)(3)(iv) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to an Infant and Toddler Child Care and Education Credential, Infant Toddler Child Development Associate Credential, other Office-recognized credential specific to the infant/toddler developmental period or an Associate's degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

Corrected by Nov 20, 2024

418-1.14(c) · Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions:

Corrected by Nov 20, 2024

418-1.4(a) · Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

Corrected by Oct 3, 2024

418-1.11(i)(12) · Garbage receptacles must be covered, and cleaned as needed after emptying.

Corrected by Sep 24, 2024

418-1.8(j) · When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

Corrected by Sep 24, 2024

418-1.8(k)(2)(i) · for children between ages 6 weeks old and 18 months old: there must be one teacher for every four children;

Corrected by Sep 24, 2024

418-1.8(k)(3)(i) · for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Corrected by Sep 24, 2024

418-1.8(k)(4)(i) · for 3-year-old children: there must be one teacher for every seven children;

Corrected by Sep 24, 2024

418-1.8(k)(4)(ii) · for 3-year-old children: the maximum group size is eighteen children.

Corrected by Sep 24, 2024

418-1.11(b)(6) · The initial medical statement for staff and volunteers must include the results of a Mantoux tuberculin test or other federally approved tuberculin test performed within the 12 months preceding the date of the application.

Corrected by Sep 24, 2024

418-1.11(i)(7) · Equipment that is frequently used or touched by children on a daily basis must be cleaned and then sanitized or disinfected, using an EPA registered product, when soiled and at least once weekly.

Corrected by Sep 24, 2024

418-1.13(b)(2) · Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: 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 child care center staff member;

Corrected by Sep 24, 2024

418-1.13(g)(2)(i) · To be qualified as a group teacher for a preschool class, a person must possess either: an Associate's degree in Early Childhood, Child Development or related field; or

Corrected by Sep 24, 2024

418-1.13(g)(3)(iv) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to an Infant and Toddler Child Care and Education Credential, Infant Toddler Child Development Associate Credential, other Office-recognized credential specific to the infant/toddler developmental period or an Associate's degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

Corrected by Sep 24, 2024

418-1.14(c) · Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions:

Corrected by Sep 24, 2024

418-1.15(b)(29)(v) · Mid-point requirements for four-year license holders. At the two-year calendar date in a four year licensing cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the Office when requested, as follows: documentation from an inspector from the New York State Department of Labor, or an insurance company licensed to write boiler insurance in New York State, showing that all steam or hot water boilers have been inspected and approved during the current license period in accordance with the requirements of the New York State Department of Labor. For all other fuel burning heating systems and equipment, and boilers not subject to the New York State Department of Labor requirements, documentation of service by a heating contractor performed within the 12 months preceding the date of application for renewal.

Corrected by Sep 24, 2024

418-1.11(b)(1)(ii) · Staff and volunteers must each submit a medical statement on forms furnished by the Office or an approved equivalent from a health care provider: before such person has any involvement in child care work.

Corrected by Aug 13, 2024

418-1.13(g)(2) · To be qualified as a group teacher for a preschool class, a person must possess either:

Corrected by Aug 13, 2024

418-1.13(g)(3)(iv) · To be qualified as a group teacher for an infant or toddler class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to an Infant and Toddler Child Care and Education Credential, Infant Toddler Child Development Associate Credential, other Office-recognized credential specific to the infant/toddler developmental period or an Associate's degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children, one of which must be related to caring for infants or toddlers.

Corrected by Aug 13, 2024

418-1.14(c) · Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions:

Corrected by Aug 13, 2024

418-1.15(b)(29)(iii) · Mid-point requirements for four-year license holders. At the two-year calendar date in a four year licensing cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the Office when requested, as follows: documentation from service personnel licensed by the New York State Department of State to perform fire alarm systems maintenance, repair and testing which shows that the fire alarm and detection systems have been inspected, tested and maintained during the current license period in accordance with the applicable requirements of the Fire and Building code of New York State or other applicable fire and building codes when the Fire and Building Code of New York State is not applicable, for use of the building as a child day care center;

Corrected by Aug 13, 2024

418-1.15(b)(29)(iv) · Mid-point requirements for four-year license holders. At the two-year calendar date in a four year licensing cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the Office when requested, as follows: documentation from service personnel qualified to perform fire suppression systems testing showing that fire suppression equipment and systems have been tested and maintained during the current license period in accordance with the requirements of the Fire Code and Building Code of New York State, or other applicable fire and building codes when the Fire and Building Code of New York State is not applicable, for use of the building as a child day care center; and

Corrected by Aug 13, 2024

418-1.15(b)(29)(v) · Mid-point requirements for four-year license holders. At the two-year calendar date in a four year licensing cycle, a program must be in compliance with the following mid-point requirements and be able to show proof of compliance to the Office when requested, as follows: documentation from an inspector from the New York State Department of Labor, or an insurance company licensed to write boiler insurance in New York State, showing that all steam or hot water boilers have been inspected and approved during the current license period in accordance with the requirements of the New York State Department of Labor. For all other fuel burning heating systems and equipment, and boilers not subject to the New York State Department of Labor requirements, documentation of service by a heating contractor performed within the 12 months preceding the date of application for renewal.

Corrected by Aug 13, 2024

418-1.4(b)(2) · When conducting evacuation drills the exit route must be varied to ensure that all approved means of egress are practiced.

Corrected by Jul 9, 2024

418-1.15(b)(23) · Upon termination or resignation of the director:

Corrected by Jul 3, 2024

418-1.3(a)(2) · Whenever change(s), addition(s) or expansion(s) are proposed which will affect, or reasonably may be expected to affect, those portions of the building designated for the care of children or for their egress in case of an emergency, the licensee must receive written approval from the Office prior to initiating such change(s), addition(s), or expansion(s).

Corrected by Jul 3, 2024

418-1.3(b) · Areas that will be used by the children must be well-lighted and well-ventilated. Heating, ventilation and lighting equipment must be adequate for the protection of the health of the children.

Corrected by Jul 3, 2024

418-1.5(a) · Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Corrected by Jul 3, 2024

418-1.5(v) · All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Corrected by Jul 3, 2024

418-1.8(a) · Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

Corrected by Jul 3, 2024