Child Care Certification Regulation Rewrite Impact Project

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Pennsylvania’s Office of Child Development and Early Learning (OCDEL) is embarking on an initiative to rewrite the child care certification regulations. This rewrite is an opportunity for the early childhood and school-age community in Pennsylvania to co-create regulations in a way that builds stakeholder confidence in the process and:

  • Increases alignment with quality improvement
  • Promotes greater impartiality; and
  • Decreases burden experienced by child care providers

OCDEL has identified this initiative as Pennsylvania’s Impact Project through the Office of Child Care (OCC) State Capacity Building Center (SCBC). The SCBC Impact Project is a part of the continuum of technical assistance and capacity building offered by OCC. The SCBC Impact Project is designed to assist States and Territories with long-term individualized technical assistance (TA) as they develop and expand their systemic capacity in planning and implementing their own early childhood priorities, based on the State or Territory particular context, and vision and goals for the development of a strong early childhood system. The goal of the SCBC Impact Project is to support state early childhood systems leaders in successfully strengthening systems building for effective high-impact services that can improve outcomes for children and families.

Latest Updates

The proposed Certification Regulations for Chapters 3310 (Family Child Care Homes) and 3320 (Child Care Centers) have been submitted to the Formal Regulatory Review Process. There will be a formal, 30-day Public Comment period while the package is being reviewed by Legislative Committees and the Independent Regulatory Review Commission (IRRC). More information about how to access the formal public comment period will be forthcoming.

The next phase of the Certification Regulation Rewrite Project will be the Training and Resource Development Phase and will include developing supporting resources and identifying technical assistance and training opportunities. More information on Phase II will be forthcoming.

Project Information

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What Has The Process Looked Like?

OCDEL staff are leading the Internal Work Groups (IWGs) for this initiative with the support from their various business partner organizations:

  • The Pennsylvania Key;
  • Early Intervention Technical Assistance (EITA);
  • Early Learning Resource Centers (ELRCs); and
  • Professional Development Organizations (PDOs).

The IWGs are using the Guiding Questions for Reviewing the OCDEL Child Care Certification Regulation Rewrite to address both the equity and quality lens and the ease of provider burden for the child care certification rewrite.

Drafts of the subchapters of the child care regulations were sent from the IWGs to the Ad-Hoc subcommittee . The Ad-Hoc Subcommittee, is made up of current members of the Pennsylvania State Advisory Council on Early Care and Education, former Early Learning Council members and other stakeholders such as family, group and center child care providers and other subject matter experts, who have reviewed and provided input and suggestions for revisions. See the Ad Hoc Subcommittee members.

The IWGs then incorporated appropriate feedback before releasing an updated proposed draft publicly for the early childhood community to review and provide feedback on.

OCDEL Certification Regulations Rewrite Project Feedback Tool was live from August 8, 2022, until August 19, 2022. OCDEL received nearly 400 comments on proposed Chapter 3310- Family Child Care Homes and over 1,600 comments on proposed Chapter 3320- Child Care Centers.

OCDEL reviewed the feedback that was gathered through the informal public comment period and incorporated appropriate feedback before submitting the proposed draft Certification Regulations to the Formal Regulatory Process.

How Can I Provide Input?

Thank you to all our early childhood community partners who reviewed the proposed draft regulations and submitted their feedback during this most recent round of external engagement.

There will be time for further engagement during the public comment period of the official DHS regulatory process.

More information about how to access the formal public comment period will be forthcoming on this webpage under “What’s New?”.

Rewrite Process and Timeline

In 2021, the Office of Child Development and Early Learning (OCDEL) began the multi-year process of reviewing and updating regulations that currently govern child care centers and family child care homes. This rewrite is an opportunity for the early childhood and school-age community in Pennsylvania to co-create regulations in a way that builds stakeholder confidence in the process and:

  • Increases alignment with quality improvement
  • Promotes greater impartiality; and,
  • Decreases burden experienced by child care providers.

What Happened So Far

Project Initiation (Fall 2021)

  • Research and benchmarking conducted in partnership with national technical assistance partners
  • Internal Workgroups (IWGs) established and organized by regulatory topic areas
  • Planning for collaboration with the early childhood community through an Ad Hoc Subcommittee

Project Planning (Fall 2021-Spring 2022)

  • IWGs and external engagement kick-off to establish the intent, goals, and use of the Guiding Questions to shape the proposed regulations
  • IWGs assemble; begin to review existing regulations and draft proposed regulations

Initial Review (Spring-Summer 2022)

  • Review of drafted, proposed regulations by Ad Hoc Subcommittee and Internal Reviewers
  • IWGs edit based off feedback from ad hoc and internal reviewers

External Engagement & Feedback (Summer-Fall 2022)

  • Feedback sought from external stakeholders and public; updates made based on ECE field input
  • Continued drafting of proposed regulations

Preliminary Leadership Review (Fall 2022-Spring 2023)

  • Initial review by DHS Legal and Policy staff

Internal Review and Revisions (Spring 2023-present)

  • Updates made based on initial review by DHS Legal and Policy staff
  • In-depth review and analysis by internal OCDEL staff with lens toward applicability, provider burden and potential school age implication
  • OCDEL Exec Leadership Review of proposed regulation package

Work To Come

Proposed Regulatory Review (Next step)

  • Review of proposed package by DHS leadership and Governor’s Office
  • Review of proposed package by Office of Attorney General
  • Submit to IRRC, legislative oversight committees, and legislative standing committees
  • Publication in PA Bulletin for comment period

Final Form Revisions & Review (TBD)

  • Review of feedback from IRRC, public comments and updates made as needed
  • Final internal review
  • Submission to IRRC and legislative oversight committees
  • IRRC public meeting, if approved:
    • Submit to Office of Attorney General Review
    • Submit to Legislative Reference Bureau for final-form publication

Final Publication anticipated mid-year 2028 with one year for providers to come into compliance

  • Implementation supports to be developed including guidance, training, and technical assistance

THANK YOU FOR YOUR YOUR FEEDBACK!

We appreciate all feedback to date and look forward to continued engagement as the proposed certification regulations progresses to formal public comment (anticipated Spring 2027).

View this information as a PDF. >

What Might The Proposed Regulations Look Like?

OCDEL has recommended that each of the 2 Proposed Chapters will contain 5 Subchapters, organized in the following way:

Proposed Subchapter #1: Purpose and Authority – This proposed Subchapter might include the introduction to the regulations, and outline their purpose, applicability and definitions.

Proposed Subchapter #2: Family and Community – This proposed Subchapter might include regulations related to family engagement, communication with parents, procedures for admission, parent consent and services to a child with a developmental delay, disability or special healthcare need.

Proposed Subchapter #3: Professional Development (PD), Training & Requirements – This proposed Subchapter might include regulations related to facility persons including suitability, age, qualifications, responsibilities, professional development and preservice training.

Proposed Subchapter #4: Early Childhood Education Program – This proposed Subchapter might include regulations related to staff: child ratio, physical site, equipment, fire safety, the program, elements of child and adult health, nutrition, transportation, and adult records.

Proposed Subchapter #5: Program Certification & Oversite – This proposed Subchapter might include regulations related to general requirements for applications, appeals & waivers, building codes and insurance, child abuse reporting, departmental access, emergency plans, and the handling of child records.

OCDEL has proposed to align requirements to Pennsylvania’s Early Childhood Education (ECE) Career Pathway as well as proposed the following changes in terminology to professionalize the ECE field:

Graphic showing updates to job titles, with terms like Director, Group Supervisor, Assistant Group Supervisor, and Aide transitioning to new titles.

Resources To Support Compliance

Effective dates for compliance with the new regulations will vary. Child care providers will be given a reasonable amount of time to comply with new regulations that are published. To assist providers in compliance with the new regulations, training, technical assistance and supporting documents will be developed and widely disseminated as we get closer to final publication of the regulations.