Early Childhood Development Centres Regulations 2018

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 890
Early Childhood Development Centres Act 2017
(ACT 19 OF 2017)
Early Childhood Development Centres
Regulations 2018
In exercise of the powers conferred by section 51 of the Early Childhood Development Centres Act 2017, the Minister for Social and Family Development makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the Early Childhood Development Centres Regulations 2018 and come into operation on 2 January 2019.
Definitions
2.  In these Regulations, unless the context otherwise requires —
[Deleted by S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
“assistant early years educator” means an individual who is approved under section 25 of the Act to perform assistant early years educator duties in relation to children enrolled in any of the following classes conducted at a centre:
(a)playgroup class;
(b)pre-nursery class;
(c)nursery class;
[S 484/2022 wef 01/07/2022]
“assistant early years educator duties” means the duties of an assistant early years educator specified in the second column of item 1 of the First Schedule;
[S 484/2022 wef 01/07/2022]
“assistant preschool educator” means an individual who is approved under section 25 of the Act to perform assistant preschool educator duties in relation to children enrolled in any of the following classes conducted at a centre:
(a)playgroup class;
(b)pre-nursery class;
(c)nursery class;
(d)kindergarten 1 class;
(e)kindergarten 2 class;
[S 484/2022 wef 01/07/2022]
“assistant preschool educator duties” means the duties of an assistant preschool educator specified in the second column of item 2 of the First Schedule;
[S 484/2022 wef 01/07/2022]
“centre” means —
(a)in relation to an applicant for a licence to operate an early childhood development centre, that centre; and
(b)in relation to a licensee, the early childhood development centre to which the licensee’s licence relates;
“Class A licence” means the Class A licence mentioned in regulation 6(a);
[S 484/2022 wef 01/07/2022]
“Class B licence” means the Class B licence mentioned in regulation 6(b);
[S 484/2022 wef 01/07/2022]
“Class C licence” means the Class C licence mentioned in regulation 6(c);
[S 484/2022 wef 01/07/2022]
“developmentally-appropriate” means appropriate for the development of a child who attends a class at a centre;
[Deleted by S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
“early years educator” means an individual who is approved under section 25 of the Act to perform early years educator duties in relation to children enrolled in any of the following classes conducted at a centre:
(a)playgroup class;
(b)pre-nursery class;
(c)nursery class;
[S 484/2022 wef 01/07/2022]
“early years educator duties” means the duties of an early years educator specified in the second column of item 3 of the First Schedule;
[S 484/2022 wef 01/07/2022]
“education service provider”, in relation to a licensee, means an individual who is approved under section 31 of the Act to be engaged by the licensee to provide any educational service for children at the licensee’s centre;
“full-day services”, in relation to a centre, means early childhood development services that are provided to children at the centre for a continuous period exceeding 6 hours in a day;
“half-day services”, in relation to a centre, means early childhood development services that are provided to children at the centre for a continuous period not exceeding 6 hours in a day;
“Health Officer” means a Health Officer appointed under section 4(1) of the Infectious Diseases Act (Cap. 137);
“identity card” means an identity card issued under the National Registration Act (Cap. 201);
“infant class” means a class conducted at a centre for children who are 2 months of age or older but are below 18 months of age;
[Deleted by S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
“infant educator” means an individual who is approved under section 25 of the Act to perform infant educator duties in relation to children enrolled in any infant class conducted at a centre;
[S 484/2022 wef 01/07/2022]
“infant educator duties” means the duties of an infant educator specified in the second column of item 4 of the First Schedule;
[S 484/2022 wef 01/07/2022]
“kindergarten 1 class” means a class conducted at a centre for children who attain 5 years of age in the year that the class commences;
“kindergarten 2 class” means a class conducted at a centre for children who attain 6 years of age in the year that the class commences;
“nursery class” means a class conducted at a centre for children who attain 4 years of age in the year that the class commences;
“playgroup class” means a class conducted at a centre for children who are 18 months of age or older but are below 3 years of age;
“pre-nursery class” means a class conducted at a centre for children who attain 3 years of age in the year that the class commences;
“preschool educator” means an individual who is approved under section 25 of the Act to perform —
(a)early years educator duties in relation to children enrolled in any of the following classes conducted at a centre:
(i)playgroup class;
(ii)pre-nursery class;
(iii)nursery class; and
(b)preschool educator duties in relation to children enrolled in any of the following classes conducted at a centre:
(i)kindergarten 1 class;
(ii)kindergarten 2 class;
[S 484/2022 wef 01/07/2022]
“preschool educator duties” means the duties of a preschool educator specified in the second column of item 7 of the First Schedule;
[S 484/2022 wef 01/07/2022]
“principal” means an individual who is approved under section 25 of the Act to perform principal supervisory duties;
“principal supervisory duties” means the duties of the principal specified in the second column of item 5 of the First Schedule;
“programme helper”, in relation to a licensee, means an individual who is approved under section 25 of the Act to assist an assistant early years educator, assistant preschool educator, early years educator, infant educator or a preschool educator of the licensee’s centre in carrying out his or her duties;
[S 484/2022 wef 01/07/2022]
“programme helper duties” means the duties of a programme helper specified in the second column of item 6 of the First Schedule;
“programme hours”, in relation to a centre, means the centre’s operating hours but excludes the following periods:
(a)the period during which children arrive at the centre before the commencement of any class at the centre;
(b)the period during which children are waiting to be fetched from the centre at the end of any class at the centre;
(c)the periods that are designated for children who attend at the centre to rest;
“programme staff”, in relation to a licensee, means an assistant early years educator, assistant preschool educator, early years educator or infant educator, the principal, or a programme helper or preschool educator deployed at the licensee’s centre;
[S 484/2022 wef 01/07/2022]
“registered medical practitioner” means a person who is registered as a medical practitioner under the Medical Registration Act (Cap. 174);
“serious incident” includes —
(a)an occurrence where a child sustains an injury; and
(b)a situation where a child’s safety or wellbeing is compromised;
“staff”, in relation to a licensee —
(a)means the body of individuals who are deployed by the licensee to perform any duty at the licensee’s centre, whether or not the individuals are employed to do so; and
(b)includes the licensee, or a key appointment holder of the licensee, who is an individual and performs any duty at the licensee’s centre.
[S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
[Deleted by S 484/2022 wef 01/07/2022]
PART 2
LICENCES
Application for or to renew licence
3.—(1)  For the purposes of section 7(2)(b) of the Act, the application fee for an application for the grant of or to renew a licence is as specified in the Second Schedule.
(2)  An application to renew a licence authorising the operation of a centre must be made no later than one month before the expiry of the licence (called in this regulation the renewal deadline).
(3)  For the purposes of section 7(4)(b) of the Act, where an application to renew a licence is made later than the renewal deadline, the late renewal application fee is as specified in the Second Schedule.
(4)  An application for a licence or renewal of a licence must be accompanied by —
(a)a statement setting out the centre’s daily operating hours and the following periods of operation in a year:
(i)the periods during which the centre provides early childhood development services;
(ii)the periods during which the centre does not provide any early childhood development service but is not closed;
(iii)the periods during which the centre is closed;
(b)a programme statement specifying the following:
(i)the class of licence that the applicant is applying for;
(ii)the classes that are conducted at the centre, and the age of the children attending each class;
(iii)the licensee’s philosophy of care and education;
(iv)the daily programme schedule of the centre that satisfies the condition in paragraph (5);
(v)whether any early childhood development service, other than the conduct of the classes mentioned in sub‑paragraph (ii) is provided at the centre, and if so, a description of such service;
(vi)the policies and guidelines on managing the behaviour of children;
(vii)the procedure on —
(A)the registration of children at the centre;
(B)the enrolment of children for each class at the centre; and
(C)the withdrawal of children from the centre;
(viii)the procedure for the collection and refund of all deposits that are made for the enrolment of a child at the centre;
(ix)the procedure for handling illnesses, including daily temperature and health checks conducted on children, serious incidents and emergencies involving children;
(x)the processes for —
(A)promoting the health and welfare of children, including first-aid practices;
(B)ensuring the safety of children; and
(C)maintaining a good standard of hygiene of the centre and its practices;
(xi)where the licensee provides services to transport the children who attend at the licensee’s centre, the procedure and arrangement for the transportation of the children;
(xii)the procedure for obtaining parental permission for the children’s participation in excursions and other activities outside the centre;
(xiii)the procedure for carrying out a closure of the centre;
(xiv)the written menus of the food which will be served to the children attending at the centre; and
(c)a breakdown of the fees and incidental charges mentioned in paragraph (6) that are payable for a child who is enrolled in the centre.
(5)  For the purposes of paragraph (4)(b)(iv), the daily programme schedule of a centre must include the following:
(a)the periods for assembling and dismissing the children;
(b)the periods for group and individual activities;
(c)the periods for activities designed to promote gross and fine motor, cognitive, social and emotional development;
(d)the periods for structured and free play;
(e)the periods for meals and snacks;
(f)where the centre provides full‑day services —
(i)the periods for rest; and
(ii)the periods for routine care.
(6)  For the purposes of paragraph (4)(c), the fees and incidental charges comprise all of the following:
(a)registration fees and programme fees;
(b)any deposit that is to be made for the enrolment of a child;
(c)the incidental charges for the following:
(i)uniform and any other attire;
(ii)insurance coverage for a child who is enrolled in the centre;
(iii)transporting a child from his or her home to the centre, or from the centre to his or her home, or both;
(iv)attending field trips and excursions outside the centre, including the cost of meals for the child and the cost of transporting a child to the venue of such field trips and excursions;
(v)participating in concerts organised by the licensee, including graduation ceremonies;
(vi)photographs and videos taken of the centre’s children and events;
(vii)maintaining online communication tools and systems between the licensee and the parent or guardian of a child;
(viii)enrichment programmes;
(ix)e-learning materials;
(x)where the centre provides half‑day services —
(A)readers, academic materials, stationery, school bags and folders and art and musical materials used in providing those services; and
(B)meals that are provided to children;
(xi)where the centre is a full‑day service centre, use of a mattress, mattress cover or stack cot;
(xii)where the centre conducts any infant class, the diapers, nappy rash cream, milk bottle, milk powder, cot bedding and any other item which may be consumed or used by a child.
(7)  In this regulation —
“art and musical material” means material that is used to cultivate a child’s interest in art, music or dance, or to reinforce a child’s interest in art, music or dance;
“period for routine care” includes a period during which the children are being showered and toilet trained;
“philosophy of care and education” means —
(a)the central ideas —
(i)on which a stimulating, holistic and developmentally‑appropriate early childhood development programme and curriculum of a centre are developed and applied; and
(ii)that support and promote the learning, development and wellbeing of children; and
(b)the goals and objectives of the programme and curriculum mentioned in paragraph (a)(i);
“readers” means materials that are used to teach a child how to read or to cultivate reading habits in a child.
4.  [Deleted by S 902/2022 wef 30/11/2022]
Grant or renewal of licence
5.—(1)  For the purposes of section 8(3)(c)(iii) of the Act, the offences are as specified in the Third Schedule.
(2)  For the purposes of section 8(3)(d) of the Act, the period is 36 months immediately before an application for a licence is made.
(3)  For the purposes of section 8(3)(i)(ii) of the Act, the building structure, fire safety, public health and sanitation requirements are as specified in the Fourth Schedule.
(4)  For the purposes of section 8(3)(j) of the Act, the types and content of the curriculum or programme for early childhood development centres must —
(a)be stimulating, holistic and developmentally‑appropriate; and
(b)support and promote the learning, development and wellbeing of children.
Classes of licences
6.  For the purposes of section 9(1) of the Act, the classes of licences are as follows:
(a)Class A licence, being a licence to operate a centre that provides half‑day services or full‑day services, or both, where such services comprise the conduct of infant class;
(b)Class B licence, being a licence to operate a centre that provides full‑day services which comprise the conduct of all or any of the following classes:
(i)playgroup class;
(ii)pre-nursery class;
(iii)nursery class;
(iv)kindergarten 1 class;
(v)kindergarten 2 class;
(c)Class C licence, being a licence to operate a centre that provides half-day services which comprise the conduct of all or any of the following classes:
(i)playgroup class;
(ii)pre-nursery class;
(iii)nursery class;
(iv)kindergarten 1 class;
(v)kindergarten 2 class.
Transfer of licence
7.—(1)  An application for the Chief Licensing Officer’s approval to transfer a licence must be made before the expiry of the licence, but no later than 3 months before the intended transfer of the licence.
(2)  For the purposes of section 13(7) of the Act, the other matters that the Chief Licensing Officer must consider in deciding whether to approve the transfer of a licence are as follows:
(a)whether as at the date of the application for approval to transfer a licence, the remaining period for which the licence is valid is at least 7 months;
(b)whether the licensee has been required to rectify any non‑compliance with the Act, and if so, whether the licensee has rectified such non-compliance;
(c)the licensee’s compliance history with the requirements of the Act, the repealed Act, the Education Act (Cap. 87), and any regulations made under any of those Acts;
(d)whether the Chief Licensing Officer had previously, in lieu of revoking the licensee’s licence, taken one or more actions mentioned in section 16(2) of the Act in relation to the licensee;
(e)whether the licensee or any of its key appointment holders is undergoing any investigation for an offence under the Act or any other Act;
(f)whether the licensee has appealed against a decision of the Chief Licensing Officer under section 43 of the Act, and if so, whether the appeal has been determined;
(g)whether the intended transferee has the capacity to ensure the continuity of care and education of the children of the centre concerned;
(h)the matters mentioned in section 8(3)(a) to (k) of the Act (read with section 8(5) of the Act) except that every reference to the applicant is read as a reference to the intended transferee.
Voluntary cessation of operation or surrender of licence
8.  For the purposes of subsection (2) of section 14 of the Act, any notice required by section 14(1) of the Act must be made to the Chief Licensing Officer no later than 6 months before the applicable date in that subsection.
Lapse of licence
9.  For the purposes of section 15(1)(d) of the Act, if no child is enrolled in a centre for a continuous period of 3 months after the issue of the licence in respect of that centre, the licence lapses at the end of that period.
Maximum period by which licence term may be shortened
10.  For the purposes of section 16(2)(f) of the Act, the maximum period by which the term of a licence may be shortened is computed using the formula A – 1, where A is the term of the licence in terms of months.
[S 484/2022 wef 01/07/2022]
Directions when licence expires, etc.
11.  For the purposes of section 18(4)(f) of the Act, the Chief Licensing Officer may give a direction that the licensee must submit, within 3 months after the cessation of an affected centre’s operation, such audited statement of subsidy as may be required by the Chief Licensing Officer.
Disqualification of key appointment holders
12.—(1)  For the purposes of section 19(1)(c) of the Act, the offences are as specified in the Third Schedule.
(2)  For the purposes of section 19(1)(h) of the Act, the prescribed criteria are as specified in the Fifth Schedule.
PART 3
APPROVAL FOR PERSONS
PERFORMING DUTIES AT CENTRES
Duties and classes of duties requiring approval
13.  For the purposes of sections 22 and 23 of the Act, the prescribed duties and classes of duties are as specified in the second column of the First Schedule.
Application for and grant of approval
14.  For the purposes of section 25(1)(c)(iii) of the Act, the offences are as specified in the Third Schedule.
Cancellation and suspension of approval
15.—(1)  For the purposes of section 27(1)(d)(iii) of the Act, the offences are as specified in the Third Schedule.
(2)  For the purposes of section 27(2)(b) of the Act, the offences are as specified in the Third Schedule.
Notification of cessation of performance of, or deployment to perform, duty
16.  For the purposes of section 28(2) of the Act, the prescribed time is 28 days after the cessation of the performance or deployment (as the case may be) mentioned in section 28(1) of the Act.
PART 4
THIRD-PARTY EDUCATION
SERVICE PROVIDERS AT CENTRES
Application for and grant of approval
17.  For the purposes of section 31(1)(b)(iii) of the Act, the offences are as specified in the Third Schedule.
Cancellation and suspension of approval
18.  For the purposes of section 33(1)(d)(iii) of the Act, the offences are as specified in the Third Schedule.
Notice of cessation of engagement
19.  For the purposes of section 34(2) of the Act, the prescribed time is 28 days after the cessation of the engagement of the individual mentioned in section 34(1) of the Act.
PART 5
DUTIES AND RESPONSIBILITIES OF LICENSEES
Change of licensee’s particulars
20.—(1)  Where there is a change in the licensee’s address, telephone number or email address, the licensee must as soon as practicable notify the Chief Licensing Officer in writing of the change.
(2)  Where a licensee is a person other than an individual and there is a change in any of its key appointment holders, the licensee must, at least one month before the change —
(a)notify the Chief Licensing Officer in writing of the change; and
(b)notify the parents and guardians of the children attending at the licensee’s centre in writing of the change.
[S 484/2022 wef 01/07/2022]
(3)  A licensee is not to be taken to have failed to comply with paragraph (2) if the licensee could not have reasonably foreseen or did not know of the change in any of its key appointment holders at least one month before the change.
[S 484/2022 wef 01/07/2022]
(4)  The requirement in paragraphs (1) and (2) for the licensee to notify the Chief Licensing Officer of the change is satisfied if any key appointment holder of the licensee (if applicable) informs the Chief Licensing Officer on the licensee’s behalf.
(5)  A licensee must seek the Chief Licensing Officer’s consent to change the name of the licensee’s centre.
Display of licence information, etc.
21.—(1)  A licensee must cause to be conspicuously displayed at the licensee’s centre all of the information in paragraph (2) so that every person who has access to the centre can see the information.
(2)  For the purposes of paragraph (1), the information is —
(a)the name of the licensee;
(b)the period during which the licence is valid;
(c)whether the centre is owned or leased by the licensee;
(d)where the centre is leased by the licensee, the period of the lease; and
(e)such other information relating to the licensee or the centre as may be specified by the Chief Licensing Officer.
PART 6
pERIODS OF OPERATION AND PROGRAMME
Periods of operation
22.—(1)  Except as provided in paragraph (2), a licensee must comply with the daily operating hours and periods of operation mentioned in regulation 3(4)(a).
(2)  A licensee may deviate from the daily operating hours or any of the periods of operation mentioned in regulation 3(4)(a) if the licensee obtains the Chief Licensing Officer’s prior written consent to do so.
(3)  A licensee and every member of the licensee’s staff who is deployed to supervise a class conducted at the licensee’s centre must ensure that none of the children who attends the class is retained at the licensee’s centre for a continuous period that is longer than 24 hours.
Programme statement
23.—(1)  Except as provided in paragraph (2), a licensee must comply with the programme statement mentioned in regulation 3(4)(b).
(2)  A licensee may deviate from the programme statement mentioned in regulation 3(4)(b) if the licensee obtains the Chief Licensing Officer’s prior written consent to do so.
Daily programme schedule
24.—(1)  A licensee must conspicuously display the daily programme schedule for the licensee’s centre at the centre so that every person who has access to the centre can see the schedule.
(2)  In carrying out the daily programme schedule for a centre, the licensee of the centre must ensure the following:
(a)early years educator duties are only carried out by —
(i)an early years educator;
(ii)a preschool educator; or
(iii)any one or more of the following persons under the supervision of an early years educator or a preschool educator:
(A)an assistant early years educator;
(B)an assistant preschool educator;
(C)a programme helper;
[S 484/2022 wef 01/07/2022]
(b)infant educator duties are only carried out by —
(i)an infant educator; or
(ii)a programme helper under the supervision of an infant educator;
[S 484/2022 wef 01/07/2022]
(c)principal supervisory duties are only carried out by —
(i)the principal of the centre; or
(ii)in the absence of the principal, a member of the licensee’s staff who is appointed to carry out principal supervisory duties in the absence of the principal;
(d)preschool educator duties are only carried out by —
(i)a preschool educator; or
(ii)any or both of the following persons under the supervision of a preschool educator:
(A)an assistant preschool educator;
(B)a programme helper;
[S 484/2022 wef 01/07/2022]
(e)children who are not yet able to walk or crawl are kept separate from other children during periods for play;
(f)only children who are enrolled in the centre are allowed to attend classes conducted at the centre.
Partnership between licensee and parents or guardians
25.—(1)  A licensee must —
(a)establish a system for sharing information on all matters that may affect the children who are enrolled in the licensee’s centre, with the parents or guardians of those children; and
(b)allow the parent or guardian of any child who is enrolled in the licensee’s centre to visit the centre at any time which is reasonable and does not cause undue interference with the centre’s programme schedule.
(2)  A licensee must —
(a)provide a copy of the items mentioned in regulation 3(4)(a), (b) and (c) without charge to any parent or guardian who intends to enrol his or her child in the licensee’s centre; and
(b)explain the content of the items mentioned in regulation 3(4)(a), (b) and (c) to the parent or guardian before the child starts to attend any class at the licensee’s centre.
Advertisement
26.  In any advertisement published by a licensee or caused to be published by a licensee, the licensee —
(a)must use only the term “licensed” to describe the licensee’s status under the Act; and
(b)must not represent that the licensee has an approval, endorsement or commendation in relation to the provision of early childhood development service that the licensee does not have.
 
Made on 27 December 2018.
CHEW HOCK YONG
Permanent Secretary,
Ministry of Social and Family Development,
Singapore.
[ECDA 132-07-464; AG/LEGIS/SL/84B/2015/1 Vol. 1]

Archived for legal research. Authoritative version at sso.agc.gov.sg.