A. The department shall adopt and promulgate rules to establish specific standards for licensure and registration of licensed early childhood care programs that provide care for children from birth to five years of age. As part of these standards, the department shall establish and implement a voluntary rating scale and determine levels that accord with levels of service quality. The standards shall ensure that the health, safety, social-emotional support, school readiness and staff qualifications components are consistent in accordance with the tier levels that the department has established by rule. The department shall use the tiered ratings it has established to pay higher rates for higher-rated individual licensed early childhood care program providers. Standards for licensed early childhood care programs shall:

(1) specify the purpose and outcomes of services that constitute the program;

(2) define high-quality service delivery and continuous quality improvement;

(3) provide a common framework for early childhood care service delivery and accountability across all early childhood care programs;

(4) be designed to promote child well-being, early education, social-emotional support and an emphasis on school readiness;

(5) allow for the collection, aggregation and analysis of common data;

(6) be grounded in best practices geared toward optimal health and developmental outcomes; and

(7) establish foundational and continuing education requirements for staff.

B. A licensed early childhood care program shall:

(1) ensure the health and safety of children while they are in care;

(2) comply with the department's background check requirements for all staff members, educators and volunteers in licensed early childhood care programs;

(3) provide positive discipline and guidance;

(4) continually evaluate program performance;

(5) collect data on program activities and outcomes for reporting in accordance with the tier levels that the department has established in rule, pursuant to Section 4 [32A-23C-4 NMSA 1978] of the Early Childhood Care Accountability Act;

(6) be culturally and linguistically appropriate;

(7) measure the promotion of positive development and appropriate early childhood educational practices, in accordance with the tier levels that the department has established in rule, pursuant to Section 4 of the Early Childhood Care Accountability Act;

(8) ensure that enrolled children are up-to-date with immunizations, in accordance with state law;

(9) train staff on reporting any suspected child abuse and neglect to the department's protective services division and to local authorities;

(10) ensure that the program has established and shared with parents a curriculum statement that supports school readiness; and

(11) follow a curriculum that is aligned with child development functional areas, including the New Mexico early learning guidelines, in accordance with the tier levels that the department has established by rule.

History: Laws 2018, ch. 44, § 3.

Effective dates. — Laws 2018, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.