Health311Search all NYC.gov websites
Print icon Print

School-Based Child Care Programs: Key Health Code Requirements

A school-based child care program is any program that meets both of these descriptions:

  • Provides care and instruction to children ages 3 to 5
  • Located in or part of a school recognized by the State Education Department

School-based child care programs are regulated under Article 43 of the New York City (NYC) Health Code. To read all requirements described in Article 43, visit Health Code Article 43: School Based Programs For Children.

The NYC Health Department inspects school-based child care programs at least once per year for compliance with Health Code requirements. If the inspector observes a violation, they will provide a report detailing the condition and the date by which it must be corrected. The inspector may conduct a follow-up inspection to check whether the corrections were made. If programs fail to comply, they may be issued a Notice of Violation and subject to fines.

Notice of Filing

School-based child care programs must submit a Notice of Filing to the Health Department and keep it current. Follow these steps to open a new SBCC program:

  1. Apply online for a new record at Department of Health: License and Permit Online Portal.
  2. Submit a Notice of Filing application (available at School-Based Child Care Certificate: Notice of Filing) and Certificate of Occupancy to childcareinfo@health.nyc.gov.
  3. After you submit the Notice of Filing and pass a preliminary inspection, the Health Department will issue a Certificate of Filing.

To update a Notice of Filing, email childcareinfo@health.nyc.gov if any of these situations apply:

  • Your contact information has changed.
  • There is a new principal or education director.
  • You need to correct an error in the original Certificate of Filing.
  • The location of your school-based child care program has changed.

Staff-To-Child Ratios

Maintain the required minimum staff-to-child ratios below:

  • Age of Children: 3 years to under 5 years
    • Staff-to-Child Ratio: 1-to-20 for classroom academic activities
  • Age of Children: 4 years to under 5 years
    • Staff-to-Child Ratio: 1-to-12 for all activities (excluding classroom academic activities)
  • Age of Children: 3 years to under 4 years
    • Staff-to-Child Ratio: 1-to-10 for all activities (excluding classroom academic activities)
  • Age of Children: 5 years to under 6 years
    • Staff-to-Child Ratio: 1-to-25 for all activities

Staff members who have not received background screening clearance are not allowed unsupervised contact with children.

Epinephrine Auto-Injectors

Have two epinephrine auto-injectors on-site, readily accessible to staff and out of the reach of children.

Daily Cleaning

Keep the facility clean, including kitchens, classrooms, and bathrooms.

Food Preparation

If you prepare food on-site, always store, prepare, and serve food according to Article 81 of the Health Code (available at Health Code Article 81: Food Preparation). You must:

  • Have a valid food service establishment permit (also known as a satellite kitchen permit)
  • Maintain hot and cold food holding equipment
  • Purchase food from approved sources
  • Have a food service supervisor with a Food Protection Certificate on duty
Expand AllCollapse All

Lead Requirements

Lead in Water

Make sure drinking water from all faucets and fountains does not contain elevated lead levels.

  • Test all drinking water using a Health Department-approved protocol within 60 days of submitting a Notice of Filing. Submit the results to your Health Department borough office.
  • Submit and receive approval for a Corrective Action Plan if any test result is at or above 15 parts per billion, and take corrective action.
  • Retest each faucet and fountain every five years. Any outlet that may be used for drinking must be tested.
  • If you have questions concerning testing protocols or corrective actions, call your borough office.

Lead in Paint

Make sure your facility is free of peeling lead-based paint. You should:

  • Check that all paint is intact.
  • Repair all peeling paint. Assume peeling paint of unknown lead content to be lead-based.
  • Submit an annual survey (available at Lead Paint Survey) to your borough office unless you have tested the paint and shown it to be lead-free.

Lead in Soil

Before you start service, test soil in outside areas used by children younger than age 6 for lead and remediate if needed.

Documentation Requirements

Safety Plan

  • You must have a written safety plan on-site and in an accessible place.
  • The person in charge must be prepared to implement the safety plan.
  • Review your safety plan at least once per year and update it as needed.

Medical Records For Children

  • All children must receive a complete age-appropriate medical examination before they are admitted to the program.
  • All children must be immunized against diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, varicella, hepatitis B, pneumococcal disease, and haemophilus influenzae type b (Hib). Additionally, children ages 6 months to under 6 years must be immunized each year before December 31st against influenza (flu).

Medical Records For Staff

  • All staff members must provide a physical examination certificate from a licensed health care provider dated within the last two years.
  • All staff members must provide record of immunization for:
    • Two doses of mumps-containing vaccine
    • One dose of rubella-containing vaccine
    • Two doses of varicella-containing vaccine (for chickenpox)
    • One dose of tetanus, diphtheria, and acellular pertussis (TDaP) vaccine

Staff Screening

  • Staff members hired on or after September 25, 2019, must be fingerprinted at IdentoGO (a fingerprinting provider) and submit an online clearance request form at School-based Child Care: Information for Operators.
  • The fingerprint receipt must be uploaded with the online form. Programs must keep a copy of the comprehensive background check letter for each staff member on-site.
  • Staff members hired before September 25, 2019, should already have NYC Department of Investigation (DOI) fingerprint records and will be required to provide inspectors with proof during inspections. If staff members hired before September 25, 2019, cannot provide proof of DOI fingerprint records at the time of inspection, they will need to be printed again following the procedure for new staff.
  • All staff members must have three references.
  • School-based child care programs that received Child Care Development Block Grant funding will instead get their staff cleared by WHEDco, and these clearance eligibility letters must be kept on-site for inspection.

Staff Training

Trainings on the following subjects are required for all providers. Keep these training certificates for staff members on-site and make them available to the Health Department upon request.

Epinephrine Auto-Injector

Emergency Preparedness

Child Abuse and Maltreatment

  • Required for: All teaching staff every 24 months
  • Frequency: Every 24 months
  • Trainer information:

Infection Control

CPR and First Aid

  • Required for: At least one staff member trained in CPR and first aid must be on-site at all times.
  • Frequency: Every 24 months
  • Trainer information:

The following training courses are required for recipients of the Child Care Development Block Grant funding and optional for providers not receiving these funds.

Shaken Baby Syndrome and Sudden Infant Death Syndrome (SIDS)

Mental Health First Aid

Cognitive, Social Emotional, and Physical Development

Family Engagement

Additional Resources