New Mexico Register / Volume XXXV,
Issue 15 / August 13, 2024
NOTICE
OF RULEMAKING AND PUBLIC RULE HEARING
The New Mexico
Early Childhood Education and Care Department (ECECD) hereby gives notice as
required under Section 14-4-5.2 NMSA 1978 and 1.24.25.11 NMAC, that it proposes
to adopt amendments to the following rules regarding SOCIAL SERVICES CHILD CARE
ASSISTANCE REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENT AND CHILD
CARE PROVIDERS, CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME
PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS,
and NON-LICENSED CHILD CARE;
REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES as
authorized by Subsection (E) of Section 9-29-6 NMSA 1978;
8.9.3 NMAC - CHILD
CARE ASSISTANCE REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND
CHILD CARE PROVIDERS
8.9.3.15 NMAC - PROVIDER REQUIREMENTS
8.9.4 NMAC - CHILD
CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD
CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS
8.9.4.23 NMAC PERSONNEL
AND STAFFING REQUIREMENTS FOR CENTERS
8.9.4.33 NMAC PERSONNEL
AND STAFFING REQUIREMENTS FOR HOMES
8.9.4.42 NMAC PERSONNEL
AND STAFFING REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
8.9.5.10 NMAC -
CAREGIVER REQUIREMENTS
No technical
scientific information was consulted in drafting these proposed rules.
Purpose of
proposed rules:
The purpose of the rulemaking is to promulgate amendments to 8.9.3 NMAC, 8.9.4 NMAC,
and 8.9.5NMAC. ECECD is promulgating these rules to provide for its own agency
regulations as well as changes required by the federal Child Care Development
Fund (CCDF) grant. The Child Care and Development Block Grant (CCDBG) Act is
the law (along with Section 418 of the Social Security Act) that authorizes the
federal child care subsidy program known as CCDF. CCDF requires caregivers,
teachers, and directors to complete child development training, among other
topics areas, as part of orientation or pre-service training. ECECD is also
updating the Child Care Assistance regulations (8.9.3 NMAC) to make the emergency
amendments that it promulgated on July 1, 2024, permanent through the required
amendment process.
Summary of
Proposed Rules:
In summary, the proposed amendments for 8.9.3 NMAC will update necessary
changes prohibiting gross receipts tax being charged to child care assistance
families. The proposed amendments for 8.9.4 and 8.9.5 NMAC will update training
that all new educators in licensed centers are required to take to include ECECD
approved child development courses that address domains of development as
defined by the federal CCDF and require the completion of this course within
three months of date of hire to comply with the federal CCDF rules, and twelve
months of date of hire to comply with additional training ECECD seeks to
implement. It will also remove the hour limitation for training that is done
online. The proposed rule for 8.9.5 NMAC will update training all new educators
in non-licensed child care homes are required to take to include child
development courses that address domains of development as defined by the
federal CCDF.
As part of the
amendment process, ECECD will hold a public rule hearing for the proposed
amendments on September 16, 2024 from 9:00 a.m. to
11:00 a.m.
Copies of the
proposed amended rules may also be found at ECECD’s website at Regulation
Changes | Early Childhood Education and Care Department (nmececd.org)/ 30 days
prior to the Public Hearing.
Notice of public
rule hearing:
The public rule hearing will be held on September 16, 2024
from 9:00 a.m. to 11:00 a.m. for proposed amendments to 8.9.3, 8.9.4, and 8.9.5
NMAC. The hearing will be held in Apodaca Hall of the PERA Building located at
1120 Paseo de Peralta, Santa Fe, New Mexico 87502 and via virtual web platform
(Zoom), email, and telephonic means. The public hearing will be conducted in a
fair and equitable manner by an ECECD agency representative or hearing officer
and shall be recorded. Any interested member of the public may attend the
hearing and will be provided with a reasonable opportunity to offer public
comment, either orally or in writing, including presentation of data, views, or
arguments, on the proposed rules during the hearing. Individuals with
disabilities who need any form of auxiliary aid to attend or participate in the
public hearing are asked to contact ECECD at ECECD-ECS-PublicComment@ECECD.NM.Gov
or call (505) 231-5820. ECECD will make every effort to accommodate all
reasonable requests but cannot guarantee accommodation of a request that is not
received at least ten calendar days before the scheduled hearing.
Notice of
acceptance of written public comment: Written public comment, including
presentation of data, views, or arguments about the proposed rules, from any
interested member of the public, may be submitted via email to
ECECD-ECS-PublicComment@ECECD.NM.Gov with the subject line “8.9.3, 8.9.4, and
8.9.5 NMAC Public Comment” or via first class mail to P.O. Drawer 5619, Santa
Fe, New Mexico 87502 – 5619. Written comments may be delivered to the Old PERA building
at 1120 Paseo De Peralta on September 16, 2024 from
9:00 a.m. to 11:00 a.m. The deadline to submit comments is at the end of the
public hearing on September 16, 2024.
Any interested
member of the public may attend the hearing in person, or via the virtual web
platform or telephone, and offer public comments on the proposed rule during
the hearing. To access the hearing by telephone: place call 1-669-444-9171,
access code 854431. You will be able to hear the full hearing and your
telephone comments will be recorded. To access the hearing via the internet:
please go to https://nmececdorg.zoom.us/j/81445265952, and follow the
instructions indicated on the screen – Meeting ID: 814 4526 5952 Access Code:
854431. This will be a live stream of the hearing. You may also provide comment
via chat during the live streaming.