Petition to the New York City Department of Health and Mental Hygiene (DOHMH) For Flexibility in Child Care Staff Qualification Requirements

We, the undersigned childcare providers, educators, parents, and concerned citizens, respectfully urge the NYC Department of Health and Mental Hygiene (DOHMH) and the Board of Health to reevaluate and revise the current qualification requirements for childcare program staff as defined under Article 47 of the NYC Health Code.

(Please sign with your name and your current center name) 

The Problem
DOHMH-licensed childcare centers across New York City are facing a staffing crisis. Qualified candidates are increasingly difficult to find due to:

• Low salaries resulting from high operating costs and lack of city funding.
• Rigid qualification requirements that disqualify experienced educators who lack specific credentials.
• Unworkable hours that differ from the Department of Education (DOE) schedule.
• High cost of living and education, making entry into the field financially unsustainable.
• Increased demand for childcare due to inflation and economic necessity.

Meanwhile, children are suffering from disrupted care, parents are struggling to find available programs, and centers are unable to open classrooms due to insufficient staffing.

There Is Precedent
During the COVID-19 public health emergency, DOHMH and the Board of Health enacted an official temporary suspension of certain staff qualification requirements (Order of the Board of Health, 2020), acknowledging the need for flexibility in times of crisis. This order allowed programs to:

• Employ group teachers under study plans without requiring immediate college enrollment.
• Designate experienced staff to act as education directors under more flexible terms.
• Rely on their own internal assessments of staff readiness and training.

We believe the current moment warrants similar urgency and flexibility.

Our Request
We call on the DOHMH and the Board of Health to revise Article 47 of the NYC Health Code to:

1. Allow childcare centers to hire staff based on experience, training, and competency—not only academic credentials.
2. Reinstate a modified study plan system that provides realistic timelines and does not require immediate college enrollment for experienced staff.
3. Recognize the authority and knowledge of education directors and program leaders to assess and approve qualified staff.
4. Provide provisional pathways for highly capable but non-traditionally qualified educators to work while pursuing formal credentials.
5. Acknowledge the current staffing crisis as an ongoing emergency, just as during COVID, requiring regulatory flexibility for the sake of public health and family well-being.

Our Children and Families Can’t Wait
This staffing crisis threatens the very foundation of early childhood care in our city. Parents cannot work if they cannot find care. Children need consistency, emotional safety, and developmentally appropriate guidance. Experienced educators are being pushed out due to rigid, one-size-fits-all regulations, despite their commitment and capability.

We urge the DOHMH to trust childcare leaders as the professionals they are and to empower them with the flexibility needed to sustain their programs and serve their communities.

We respectfully request immediate action to revise current requirements in a way that reflects the realities of today's workforce and the needs of NYC's families.