When the Murphy administration announced in February it was taking steps to align the differing classroom square footage requirements used by various state agencies for preschools and childcare centers into a single standard, it was seen as a positive by NJBIA.
But certain challenges found in the proposed regulations could have an adverse effect if not adjusted, according to NJBIA Vice President of Government Affairs Althea D. Ford.
In comments submitted to the state Department of Children and Families this week, Ford urged key amendments to ensure a positive rule doesn’t turn into a negative with unintended consequences.
“At a time when industries are seeking to attract and retain employees and workforce shortages abound, it is vital that the childcare system is fortified, with a full complement of services to offer families and youth of all ages,” Ford said.
“The Department’s proposed regulations compound the adverse effects of the current iteration of state-funded preschool to an already fragile childcare system and have the potential to create more harm than good.”
Currently, state regulations for childcare facilities licensed by DCF require 35 square feet of usable space per child. But the Department of Education’s current standard requires a minimum of 950 square feet per classroom, with 750 square feet of usable space, and limits the number of children in a classroom to 15.
This misalignment can limit opportunities for Head Start programs or private providers to partner with school districts to offer preschool services, also known as the “mixed delivery model.”
Mixed delivery refers to serving 3-and 4-year-old children in classroom settings that meet all state regulations, and are operated by a combination of school districts, Head Start programs, and private providers.
The proposal seeks to set a new uniform, 42-square-foot standard for newly licensed childcare providers. Although the Department’s proposal would grandfather providers that began operating prior to the effective date of the rule to the 35-square-foot standard, a separate Department of Education rule proposal would continue to exclude those providers from participating in state funded preschool.
“Increasing the space requirement for all classrooms will reduce facility capacity for the other children that may be served by the facility – infants, toddlers and school-age children,” Ford said.
The space discrepancy, Ford said, will “continue to compromise the availability of seats, as providers are confronted with costly renovations to reallocate space previously used for infant and toddler classrooms, with no guarantee that they will be accepted into the state funded preschool program.”
Ford also cited that grandfathered-in centers with issued permits or executed contracts before the effective date should be permitted to obtain licensure under the 35 sq. ft. requirement for non-preschool classrooms, with the 42 sq. ft. requirement applying only to preschool classrooms.
“It is extremely costly in time and money to undergo the permitting process in New Jersey,” Ford said.
“Creating additional barriers for facilities further harms these job creators from establishing their businesses and delays their ability to operate and serve New Jersey families.”
Ford also urged an amendment that clarifies that capital improvements under $350,000 be treated as minor renovations and do not compromise a facility’s grandfathered status or reset their initial license date, making them subject to the 42 sq. ft. requirement.
“It is imperative that barriers to the operation of these vital facilities are not created,” Ford wrote. “Through the adoption of these amendments, the Department can demonstrate that it views the licensed childcare industry as a partner in the effort to increase access to care for New Jersey families.”
To see Ford’s full comments, click here.
