I want to start a playschool.

What does
the law require me to do?
Team YS | September 26, 2011 at 4:30 pm

117

Lawyers from VakilSearch Answer

Legal Series, Part 2. Read Part 1 here.
With growing disposable incomes and employment among women,
playschools for toddlers are becoming a lucrative business opportunity,
especially for young women. Before you startup, you may need to keep a few
things in mind about thelegal regulations that need to be complied with.
a. The Shops and Establishments Act is not applicable: If you are
starting an establishment in, say, Tamil Nadu, the Tamil Nadu Shops and
Establishments Act will be applicable. However, in the case of a playschool,
the Act is silent and you can run your playschool without needing a
registration under the Shops and Establishments Act.
We checked the situation in other states too and in most states we checked,
the local Shops and Establishments Act is not applicable to playschools. Have
this quickly verified by looking at the Shops and Establishments Act in your
state just to be safe.
b. Complying with the labour laws: The following labour laws have to be
kept in mind:
i. Provident Fund payments if you have more than 20 employees: Specific
details about Provident Fund payments are available on the official
Government of India website:http://epfindia.nic.in/Applicability.htm)
ii. Minimum wages need to be paid. The minimum wages for primary schools
is ~ Rs. 80 per day, although this will vary from State to State. As long as
you pay more than this amount (you will need to check the exact number for
your state), you will not face any problem.
iii. If you have more than 20 employees, you also need to pay a 1 month
bonus (during Diwali / other festivals / at any other point in the year) as per
the Payment of Bonus Act, 1965. Though it is customary to pay this bonus
during festivals, you can pay the bonus at any time.

c. Forming the entity: You can either run the playschool as a franchise of a
larger entity or start your own institution.
i. If you are starting your own institution, it can be done either as a
partnership or as a company. It is usually easier to form a partnership, and
cheaper and quick to register. Forming a company can take up to 4 weeks,
and costs around Rs. 35000.
ii. If you wish to enter into a franchise agreement, you should enter a clause
stating that for a certain period of time, the agreement shall not be
terminated by the parties unless either party violates the agreement. This
will give you some time to establish the playschool in an increasingly
crowded market. Be sure to draft the agreement with care.

d. Running it in a residential
area: Most playschools tend to be run from residential areas. If that is the
case with you, please make sure that your rental agreement permits it. Also
make sure that if you live in an apartment, the bye-laws of the apartment
association permit you to run a playschool. This is only to avoid problems in
the future. Legally, there seems to be no problem with running a playschool
in residential premises. It has been decided by Courts in different states that
a chartered accountant, yoga teacher and lawyer can carry on their work in
residential premises so there is no reason why a playschool cannot be carried
on as well, as long as the disturbance to neighbours is minimized.
If however, you decide to convert your playschool into a full
service school, you need to:
i. Get permission from the local tehsildar (a no objection certificate),
consisting of 4 forms: Form A, Form B, Form C and Form D. These will be to
verify the ability of the owner / founder, fitness of the land for the purpose
and safety inspections. This is a long and difficult process, and multiple
licenses and procedures have to be complied with. For instance, you can get
a Fire Safety certificate only after completing the Fire Safety inspections.
ii. Next, you need to make an application to the Directorate of Education in
your state, for which you need to show financial capability, create a public
trust / charitable institution to run the school with, ensure that the land is in
the name of the promoter (you) and maintain a Fixed Deposit in the name of
the school as proof of financial strength. After you do this, your school will be

recognized by the Government of this State. Starting a school without

recognition is inadvisable.
iii. You will need to get affiliated with a certain board, which again requires a
lot of procedures to be complied with. Every board (for example, the CBSE)
has a detailed list of guidelines to be complied with by every school under
that board.
iv. Finally, you need to comply with all the State-specific laws. To take the
example of Tamil Nadu again, schools there are subject to the Tamil Nadu
Recognised Private Schools (Regulation) Act, 1973. Many states have their
own laws governing schools, which contain detailed procedures for the
appointment and dismissal of teachers and maintenance of accounts of the
school.
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- Your story.com
http://www.firstpost.com/india/govt-to-soon-regulate-playschools-day-care-centres-1029205.html
New Delhi: Hitherto unregulated, mushrooming day care centres and playschools
across India would now be watched over by the government to ensure they maintain
certain standards.
The women and child development ministry has finalised a draft
'Early Childhood Care and Education (ECCE) Policy' which will not
only make registration and accreditation of such centres mandatory
but for the first time also spell out the kind of curriculum and
learning tools children are provided with.

The women and child development ministry has finalised a draft policy which will spell out the kind of
curriculum and learning tools children are provided with. Reuters

As of now, there is no regulation in place to monitor the quality of service being

provided at such facilities that have mushroomed across India.
A senior official of the women and child development ministry told IANS that standards
will also be laid down for the kind of play material, play space and furniture to be
provided at such facilities. The policy will also cover anganwadi centres.
The policy will specify the minimum qualification required for employment at such
centres. The standards would be valid across public and private service providers, the
official said.
This is for the first time the government would be addressing the educational and
nurturing needs of children up to the age of six. India has 158.7 million children in this
category, as per the 2011 Census.
According to the draft policy, violation of norms would invite stringent penalties.
"The draft policy has been finalised and would be presented before the union cabinet for
its approval soon," the official said.
He said that to ensure proper implementation, a National ECCE Council with experts
will be formed, with corresponding councils at the state level and later the district level.
The council will guide and oversee the implementation of the policy as well as keep
ECCE programmes consistent with the national policy.
A developmentally appropriate national curriculum framework for the ECCE will be
developed. It will promote play-based, experiential and child-friendly provision for early
education and all-round development, the draft says.

The Right of Children to Free and Compulsory Education Act (RTE)

which came into effect 1 April, 2010, has also addressed early
childhood care.
Section 11 of the Act states that to prepare children above the age
of three years for elementary education and to provide early
childhood care and education for all children until they complete the
age of six years, the appropriate government may make necessary
arrangement for providing free pre-school education.
The draft of the policy states that it seeks to universalise the provision of ECCE for all
children mainly through the Integrated Child Development Scheme in the public sector
and through other services across sectors and providers, regulated by quality standards.
Special plans will be developed to reach the most marginalised groups which include
children located in isolated and remote hamlets, tribal and dalit hamlets and slums.
Children belonging to seasonal migrants, nomadic populations, construction and
roadside workers will also be included.
The implementation of the new policy will be reviewed every five years. Periodic
appraisals will also be made to assess the progress of implementation and make
midcourse corrections if and when required.

State Government begins crackdown on

playschools
Even as the Central Government began taking tentative steps towards regulating playschools and
crches, the State Government has already launched a crackdown on such institutions lacking
adequate infrastructure and safety measures. While so far, the Tamil Nadu Department of School
Education was enforcing the recognition norms only for the schools with classes I and above, the
focus has expanded to playschools also from the current academic year.
Official sources told The Hindu here on Sunday that this action followed concern that thousands of
playschools had sprung up across the State and were operating without skilled staff and without any
supervision.
The Directorate of Elementary Education officials have already identified several playschools
operating in Coimbatore without recognition. They have been issued notices instructing them to seek
recognition.

The Right of Children To Free and Compulsory Education (RTE) mandates

that schools cannot function without obtaining the recognition. The schools

will be checked to ascertain if they had qualified staff like teachers with
Montessori training. However, a senior official said that no action was being
taken crches since they were covered by the Department of Social Welfare.
The Union Cabinet on Friday had cleared a proposal for regulating the
education provided to children at play schools and crches catering to
children less than six years.
The National Early Childhood Care and Education (NECCE) calls for setting up
a national council to establish guidelines for standardisation of teaching and
learning aids, trained manpower, sanitation and hygiene norms in play
schools and day care centres. Welcoming the Central Governments move,
Archana Dange, Head of Operations (Tamil Nadu) for EuroKids, which runs
around 60 play schools in Tamil Nadu, said that this would clear much of the
ambiguity in this sector.
Till now, there was no clarity as to which institution must seek recognition. This move will provide
some relief. The organised players in preschools sector were already implementing many of the rules
being discussed now. The rules include limiting schooling to under three hours for kids aged three
and four besides space requirements, she added. In a case filed by a school in Coimbatore
challenging its closure by the Department of school Education, the Madras High Court, in an order
passed in June, had stated that as per law, every educational institution, including a pre-primary
school, should obtain recognition.

http://www.p12.nysed.gov/nurseryschool/regulations/NurserySchool
sRegulations.html

Commissioner's Regulations
Last reviewed: June 2005

Disclaimer

CHAPTER II REGULATIONS OF THE COMMISSIONER

SUBCHAPTER F

Private Schools
PART 125
VOLUNTARY REGISTRATION OF NONPUBLIC NURSERY SCHOOLS AND
KINDERGARTENS
(Statutory authority: Education Law, 207)

Sec.
125.1

General

125.2

Building and facilities

(a) Classrooms.
(b) Eating and rest facilities.
(c) Sanitary facilities.

125

(d) Outdoor play area.

(e) Plans.
(f) Approval of plans to change facilities.
125.3

Fire and safety regulations

(a) Inspections.
(b) Heating equipment.
(c) Exits and stairs.
(d) Fire equipment.
(e) Evacuation.
(f) Reports.
(g) Other safety standards.
(h) Transportation.
125.4

Education equipment

(a) Indoors.
(b) Outdoors.
125.5

Health

(a) Sanitation.
(b) Physical examinations.
(c) Arrangements for emergency care.
(d) Permission to provide emergency treatment.
(e) Nutrition.
(f) Balanced activities.
(g) Staff.
125.6

Staff requirements

(a) Educational director.

(b) Group teacher.
(c) Group assistant.
(d) Group aide.
(e) Consultants.
(f) Official College transcripts.
(g) Study Plans.
125.7

Teacher-pupil ratio

(a) Supervision.
(b) Class size.
(c) Staffing.
125.8

Educational program

(a) Curriculum and school year.

(b) Activities.
(c) Each school...
125.9

Admission to kindergarten

125.10 Registration and reports

(a) Registration.

(b) Reports.
Back to Top
Historical Note
Part (125.1-125.5) repealed, new ( 125.1 125.10) filed Nov. 27, 1970.
125.1 General.
a.

As used in this Part, school means a nonpublic nursery school or kindergarten

organized for the purpose of educating a group or groups of six or more children less
than seven years of age, under the supervision of qualified teachers, providing an
adequate program of learning activities and maintaining good standards of health and
safety.

b.

A school shall be registered by the department upon the submission of satisfactory

evidence that it meets the standards set forth in this Part and receives approval after
onsite visitation. Registration shall be valid for a period of five years, subject to
revocation for cause.

c.

Department staff shall conduct annual visits to schools within the following categories:
1.

schools with registration certificates that will expire during the year

2.

schools operated by new applicants, including schools operated by new owners

pursuant to section 125.10(a)(3) of this Part;

3.

schools located in newly constructed or renovated sites; and

4.

schools that require onsite technical assistance to alleviate regulatory noncompliance issues.
Historical Note
Sec. repealed, new filed Nov. 27, 1970
Back to Top

125.2 Building and facilities.

(a) Classrooms.
1.

Classrooms shall be on the first or second floor of a building or be directly accessible by

elevator.
2.

No classroom floor shall be more than four feet below ground level.

3.

Classrooms shall have a minimum of 35 square feet of floor space per child (exclusive
of cloakroom, isolation room, toilets, kitchens, halls, porches and storage space).

4.

A minimum temperature of 68 degrees, measured three feet above the floor, shall be
maintained in each room used by children.

5.

The building and rooms occupied by the school shall be clean, sanitary and dry.

6.

All concrete floors used by children shall be covered with an appropriate material.

7.

Classrooms shall be well ventilated.

8.

There shall be a minimum of 30 foot-candles of light in all parts of a classroom.

9.

To prevent glare, electric light bulbs shall be shielded in a method acceptable to the
department.

(b) Eating and rest facilities.

10.

Space used for eating shall be clean.

11. There shall be no more than eight children at one table at one time during lunch.
12. A sanitary cot shall be provided for each child who spends more than four hours per
day at the school. Sanitary, individual bed covering sufficient to maintain adequate
warmth shall be provided.
13. There shall be at least two feet between cots at resting time.
(c) Sanitary facilities.

14.

There shall be at least one flush toilet (open seat), stationary washbowl and a low mirror for

each group of 15 children. If these facilities are not child-size, low platforms or steps shall be
available.
15. Separate toilet facilities shall be provided for staff and employees in schools that
provide a

lunch program for children.

16. A sink with running water shall be in or readily available to every classroom.
17. Individual drinking cups, disposable paper cups or bubbler fountains of the angle jet
type shall be provided.
18. Provision shall be made for the proper washing of dishes and cooking utensils.
19. Adequate accessories, including paper towels, soap and wastepaper containers, shall
be provided to promote health and personal cleanliness.
20. Garbage receptacles shall be of adequate size, covered, emptied daily and cleansed
after emptying. Trash or garbage shall not be stored in rooms ordinarily occupied by
children, in outdoor play areas or in accesses thereto.
21. A constant supply of hot water shall be available.
22. The use of common washcloths, towels, combs and hairbrushes is prohibited.
23. Sufficient and suitable clothing shall be available so that children may receive a
change if needed. All such clothing shall be thoroughly washed after each use.
(d) Outdoor play area.

24.

There shall be at least 200 square feet of outdoor play area per child. Less than 200 square

feet per child may be permitted upon submission of evidence of careful spacing of equipment and
limitation of use to small groups at one time.
25. Outdoor play area shall be easily accessible to the classroom and toilet facilities. It
shall be free of hazards, well drained and enclosed by perpendicular wooden or wire
fencing, a low wall or dense shrubbery.
(e) Plans.
26.

Sketches with dimensions of floor plans, including an indication of exits, lavatory facilities and

outdoor space shall be sent to the office of the chief school officer of the school district in which the
school is located.
(f) Approval of plans to change facilities.
27.

There shall be no construction, addition, substantial modification or change in occupancy of

buildings or parts of buildings used or to be used in the operation of a school unless plans and designs
of changes have been approved in writing by the department.
Historical Note
Sec. repealed, new added filed Nov. 27, 1972.
Substituted new (e) 1970, amd. filed May 4, 1972 ff. May 24, 1972.
Back to Top
125.3 Fire and safety regulations.
(a) Inspections.
28.

Registered schools shall be subject to inspections and recommendations of the New York State

Division of Fire Safety, Office of Local Government, 155 Washington Avenue, Albany, New York 12210.
(b) Heating equipment.
29.

Furnaces shall be enclosed in rooms of fire resistant construction, including walls, ceiling, door

frames and self-closing door of at least one hour rating. No flammable materials shall be stored in the
furnace room.
30. Direct-fired or electric space heaters shall not be used in rooms used by children.
31. All flammable materials and any items that may be harmful to children shall be kept in
locked cabinets.
(c) Exits and stairs
32.

Each floor used by children shall have two means of exit remote from each other immediately

accessible from all rooms.

33. In schools with three or more classrooms, all outside exit doors shall open outward
and shall be lockable from the outside only.

34. All stairs used by children shall be constructed of fire-resistive material or finished with
fire retardant materials or coatings, shall be in good repair, and equipped with hand
rails of suitable height and circumference for young children.
35. There shall be no storage of flammable materials under stairs.
36. Fire escapes shall be of stair-step construction and approaches to them shall be in
good repair, readily accessible and free of obstructions.
(d) Fire equipment.
37.

Fire detection, fire alarm and fire fighting equipment, including an adequate number of fire

extinguishers, appropriate to the type of building and occupancy, shall be provided. Fire protection
equipment throughout unsupervised spaces within the building, including storerooms, boiler rooms
and exit ways shall include an automatic fire detection alarm system of the heat or smoke sensing
type or automatic sprinkler system.
38. All fire detection, fire alarm and fire fighting equipment shall be tested once a month
and maintained in good working condition. Staff shall be instructed in their functioning
and operation.
(e) Evacuation.
39.

A written plan shall be developed for immediate evacuation of all children from premises in

case of fire and for a subsequent roll call. All staff shall be trained as to their responsibilities in an
emergency.
40. Fire drills shall be held in accordance with the provisions of section 807 of the
Education Law and in no event less than once each month. A record of these drills
shall be maintained.
41. The school shall be equipped with a telephone for use in an emergency. The telephone
number of the fire department affording protection shall be conspicuously posted at
the telephone.
(f) Reports.
42.

The school shall maintain up-to-date copies or photostats of fire and health permits, certificate

of occupancy and a zoning permit when required by a zoning ordinance of the community in which the
school is located. If the school is located in New York City, a current copy of its day care permit shall
be maintained on file at the school in lieu of the other reports required by this paragraph.
43. Registered schools shall file copies of an annual fire inspection report to the New York
State Division of Fire Safety, Office of Local Government, 155 Washington Avenue,
Albany, New York 12210, by December 1 on forms provided by that office, as required
by Education Law, section 807-a. Each registered school shall maintain on file at the
school a copy of its annual fire inspection report.
44. Schools in cities where the population is 125,000 or more according to the last census
shall also file reports as indicated in subdivision (f) (2) above.

(g) Other safety standards.

45.

Safeguards shall be provided to protect children against injury on account of low windows,

exposed pipes, hatchways and window wells.

46. Peeling or damaged paint or plaster shall be repaired.
47. Paint containing lead shall not be used on walls, window sills, beds, toys or any
equipment accessible to children.
48. A first-aid kit shall be provided. It shall be kept in a clean container, out of reach of
young children.
49. Adequate protection against insects shall be maintained.
50. Windows and doors shall be openable and equipped with safety devices. Effective
means of eliminating insects shall be provided.
51. Appropriate telephone numbers and instructions for obtaining police and medical
assistance shall be posted near the telephone.
52. Any pet or animal on the premises indoors and outdoors shall be in good health,
properly cared for and suitable for young children.
(h) Transportation.
53.

All vehicles used for the transportation of children to and from school must conform to the

Public Service Law, section 61, subdivision 14.

54. Safety procedures concerning the arrival and departure of children must be acceptable
to the department.
Historical Note
Sec. repealed, new added filed Nov. 27, 1970; amd. filed May 4, 1972 eff. May 24, 1972.
Substituted new (f)(1), (g)(4) and (g)(6).
Back to Top
125.4 Education equipment.
(a) Indoors.
55.

Leaming centers in a classroom shall include areas for block building, housekeeping, water

play, creative arts, painting and clay and collage, science and nature study, cooking and music. There
shall be adequate books and pictures, puzzles, games and small manipulative materials.
(b) Outdoors.
56.

Outdoor equipment shall include permanent, well-anchored structures for climbing and

dramatic play. There shall be movable equipment, wheel toys, tricycles, wagons, trucks, building
equipment, ladders, sawhorses and a shed or area to store this equipment.
Historical Note

Sec. repealed, new added filed Nov. 27, 1970.

Back to Top
125.5 Health.
(a) Sanitation.
57.

Schools shall comply with all sanitation requirements of local and State departments of health.
(b) Physical examinations.

58.

At least thirty days prior to admission to school, each child shall have a completed physical

examination by a physician, including an appropriate vision screening, audio testing, laboratory tests
as indicated and a dental examination. A written statement signed by the examining physician shall be
furnished to the school.
59. All children shall have a yearly physical examination by a physician and a dental
examination by a dentist.
60. A detailed cumulative medical record shall be kept of all examinations, illnesses,
accidents and any treatment given to a child.
61. A daily health check of each child shall be made by the teacher or another responsible
person who is familiar with the child and is trained to recognize symptoms of illness
and communicable disease.
62. No medication shall be administered to children except by order of a physician.
(c) Arrangements for emergency care.
In preparation for illness or accident the school shall:
63.

have parents' telephone number easily accessible;

64. have a doctor on call;
65. have an automobile available to take child to a hospital;
66. have first aid materials easily available;
67. have a room available for isolation of child until parent arrives;
68. allow no child to return until the school has the doctor's assurance that the child is free
of a communicable disease and is ready to resume activities.
(d) Permission to provide emergency treatment.

69.

Schools shall have on file written permission from the parents or guardians for the care of any

child who has or develops symptoms of illness or is injured. Such statements shall include notification
of the child's parents, guardian or other person having legal custody, and provision for emergency
medical care or first aid. If a child should have or develops symptoms of illness, he shall be isolated
from the other children until he is seen by a physician or removed from the school. In the event of an
accident or illness requiring immediate medical care, the director of the school or other person in

charge shall be responsible for securing such care and notifying the parents, guardian or person
having legal custody of the child. There shall be an understanding with such person or persons that an
ill child shall be removed as soon as possible upon the request of the school and shall not be
readmitted until it is determined upon physician's assurance that he is free from communicable or
contagious disease.
(e) Nutrition.
70.

Schools that operate a program of less than three hours shall provide snacks.
71. Schools with programs of more than three hours shall provide snacks and lunch.
72. Schools that provide lunch shall consult with a dietitian to insure adequate and
nutritional food.
73. When lunches are served, menus shall be prepared in advance, dated and posted in a
conspicuous place for parents and visitors to see.
(f) Balanced activities.

74.

A registered school shall include balanced activities with quiet and vigorous pursuits, indoor

and outdoor play, acceptable to the department.

(g) Staff.
75.

All staff shall have a regular physical examination by a physician. All staff shall have a chest x-

ray biennially.
Historical Note
Sec. repealed, new added filed Nov. 27, 1970.
Back to Top
125.6 Staff requirements.
(a) Educational director.
76.

The educational director shall hold a New York State certificate or its equivalent in

(i) early childhood education (nursery, Kindergarten and primary grades), or

(ii) nursery-kindergarten, or

(iii) elementary education N-6 or K-6 with specialized preparation for teaching
in early childhood grades, or

(iv) shall present evidence of substantially equivalent instruction and

experience,

22

The educational director shall, in addition to the above qualifications, give

evidence of instruction

(b) Group teacher.

and/or experience in supervision and administration.

22

Except as indicated below a group teacher in nursery schools and/ or kindergartens shall be

certified as indicated in subdivision (a) (1) above.

22

A graduate of a community college who has majored in nursery education and has had
three years experience as a nursery school group assistant may serve as a group
teacher in the nursery school, provided that prior to employment each year he shall
send to the office of the chief school officer of the school district in which the school is
located each of the following:

An original or copy of a record of a college or university indicating current

matriculation as a part-time student specializing in early childhood education
in a program leading to a bachelor's degree and/or certification.

An original or copy of a program or record of a college or university providing

detailed information regarding courses necessary for completion of the
program leading to a degree and/or certification as indicated in subdivision (a)
(1) above.

Annually a study plan on a form provided by the bureau of child development

and parent education showing the titles of courses to be taken in the ensuing
year, periods of time of such study, and the institution or institutions offering
the courses.

Official college transcripts yearly indicating courses completed.

22

Individuals who do not qualify under subdivision (a) (1) above but have had a
minimum of 10 years experience as a nursery school teacher and a minimum
of 20 hours of credit in early childhood education in an approved teacher
education institution may serve as a group teacher in the nursery school
provided that he shall send to the office of the chief school officer of the school
district in which the school is located a study plan each year on a form
provided by the bureau of child development and parent education.

(c) Group assistant.

22

A group assistant shall be a graduate of a two year program in a community college witha

major in nursery education or shall have had substantially equivalent instruction and experience.
(d) Group aide.

22

A group aide shall have at least a high school diploma or the equivalent.
(e) Consultants.

22

Schools shall have available professional consultants for help with children and families who

have special needs.

(f) Official College transcripts.

22

Educational directors, group teachers, group assistants or group aides who do not hold one of

the certificates described above, shall have institutions on the college level send official transcripts
directly to the office of the chief school officer of the school district in which the school is located.
(g) Study Plans.

222

Those educational directors, group teachers, group assistants or group aides not fully certified

shall give evidence in writing yearly of plans for professional improvement, including course titles,
sponsors and proposed dates, on forms to be provided by the bureau of child development and parent
education. These plans shall be approved by the executive officer of the school, and sent to the office
of the chief school officer of the school district in which the school is located.
Back to Top
Historical Note
Sec. repealed, new filed Nov. 27, 1970; amd. filed May 4, 1972 eff. May 24,1972.
Amended (b)(2)-(3), (f) and (g).
125.7 Teacher-pupil ratio.
(a) Supervision.

222

In a school there shall be more than one adult available to any group at all times.
(b) Class size.

222

There shall be an enrollment of not less than six pupils in a group in any one session of either

nursery school or kindergarten.

(c) Staffing.

222

Nursery school.

There shall be no more than 20 children in one group in one room.

For three-year-olds, the ratio of children to adults shall not be greater than
8:1, with a qualified teacher in attendance at all times.

For four-year-olds, the ratio of children to adults shall not be greater than
10:1, with a qualified

teacher in attendance at all times.

222 Kindergarten.

There shall be no more than 22 children in one group in one room.

For five-year-olds, the ratio of children to teachers shall not be more than
15:1, with a qualified teacher in attendance at all times.

222 Day care center.

If a school is in session more than six hours a day, the rules and regulations of
the Department of Social Services regarding ratio of children to child care staff
shall be followed (18 NYCRR 451.8).
Historical Note
Sec. filed Nov. 27, 1970.
Back to Top

125.8 Educational program.

(a) Curriculum and school year.

222

Each school shall submit evidence that it will maintain a curriculum and an educational

program based on and adapted to the ages, interests and needs of the children.

222 The term and hours of each kindergarten shall be substantially equivalent to those
established by the school district in which it is located; kindergarten groups shall meet
not less than five half-days a week. Nursery school groups shall meet at least two halfdays a week.
(b) Activities.

222

Children shall have opportunity to choose and become involved in learning activities. These

activities shall include:

manipulation of different materials, objects and textures;

dramatic play activities;

creative arts activities;

large muscle activities;

participation in discussions and simple games;

exposure to literature;

participation in music;

science experiences; and

short trips to the neighborhood.

(c) Each school shall provide evidence of positive parent collaboration in the education of
their children.
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Historical Note
Sec. filed Nov. 27, 1970.
125.9 Admission to kindergarten.

222

A kindergarten shall not admit a child who is younger than the age of entrance into the public

schools established by the school district in which that child resides.

Historical Note
Sec. filed Nov. 27, 1970; amds. filed: April 28, 1980; Dec. 21, 1984 eff. Jan. 16, 1985.
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125.10 Registration and reports.
(a) Registration.

222

A school may be registered as a nursery school and/or kindergarten. A school which includes

both a nursery school and kindergarten, if it seeks registration, must apply for registration to include
both nursery school and kindergarten. A registered school which initiates instruction on either level
for which it is not registered shall, within 10 days thereof, make application for extension of its
registration to such other level. Registration of such school at the original level shall be terminated at
the end of the school year in which application for such extension is made, unless a school qualifies for
such extension.

222 Formal application for registration shall be made on forms provided by the
Department. The department reserves the right to ask for any additional information
necessary to determine the eligibility of the school for registration. Application blanks
shall be sent to the Chief, Bureau of Child Development and Parent Education, State
Education Department, Albany, NY 12234.

222 Change of ownership of a school nullifies its registration and, if the school is to be
registered, the new owner must make formal application.

222 Each school shall obtain written approval before increasing the enrollment of any
group or of the school at any time beyond the maximum number stipulated by the
department.

222 Prior written approval shall be obtained concerning changes in the educational director
and group teachers of a school.
(b) Reports.

222

Registered schools shall file an annual report with the department at a time determined by the

department. Failure to file the completed annual report within 30 days of the date requested will
terminate registration for the school.

222 Advertising.

Copies of all advertising, literature, catalogs, brochures, pamphlets and

circulars shall be maintained by the school in its files.

Any advertising or soliciting which misleads or tends to mislead the public shall
be grounds for forfeiture of registration.

222 Within 10 days after any changes in its location, ownership or policies, a
registered school shall report such changes to the department.

Historical Note
Sec. filed Nov. 27, 1970; amd. filed May 4, 1972 eff. May 24, 1972. Amended (b)(2)(i).

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Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education
("regulations") are unofficial, and are presented for general informational purposes as a public
service. Although reasonable efforts have been made to ensure that these regulations are
current, complete and accurate, the State Education Department does not warrant or
represent that they are current, complete and accurate. These regulations are subject to
change on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of
Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the
Department of State, and theState Register

for the official exposition of the text of these

regulations, as well as for amendments and any subsequent changes or revisions thereto.