Welcome to NMECLA
We are committed to supporting, empowering, and advocating for those who play a crucial
role in the education and early development of children in our communities.
IMPORTANT UPDATE FOR NEW MEXICO CHILD CARE PROVIDERS
New ECECD regulations effective September 9, 2026
The New Mexico Early Childhood Education and Care Department (ECECD) has adopted significant amendments to 8.9.3 NMAC – Child Care Assistance and 8.9.4 NMAC – Child Care Licensing.
NMECLA is sharing this overview to help child care centers, licensed family homes, licensed group homes, registered providers, directors, and educators understand the major changes.
This summary is for informational purposes. Providers should review the official regulations to determine all requirements applicable to their program.
1. CHILD CARE ASSISTANCE IS NOW ESTABLISHED IN STATE LAW
Senate Bill 241 created the Child Care Assistance Program Act, establishing statutory requirements related to eligibility, provider payments, accountability, and administration of the program.
8.9.3 NMAC has been amended to align with this new law.
2. CHILD CARE ASSISTANCE ELIGIBILITY CHANGES
Eligibility activities and qualifying circumstances have been updated.
For families with annual household income above 600% of the Federal Poverty Level (FPL), authorized child care hours are limited to the hours supported by the parent or legal guardian's qualifying activity schedule.
Service categories continue to include Full-Time, Part-Time, and Wrap-Around Care, with Full-Time generally involving at least 29 hours per week with one provider.
3. POTENTIAL COPAYMENTS
The regulations establish circumstances under which ECECD may implement copayments.
If implemented:
• The state pays copayments for families at or below 600% FPL.
• Families above 600% FPL may be responsible for copayments, although ECECD may use state funds to cover them when sufficient funds are available.
• Advance notice is required before copayments are implemented.
4. POTENTIAL WAITLIST
The regulations establish financial and enrollment conditions that may trigger a waitlist.
If implemented, priority categories include:
• TANF recipients;
• lower-income families;
• children with disabilities or children considered at-risk;
• infants and toddlers within specified income categories; and
• additional families according to income levels established in the regulation.
5. 57% SALARY AND BENEFIT REQUIREMENT
A major change for providers participating in Child Care Assistance:
Providers must use not less than 57% of applicable payment rates paid by ECECD under 8.9.3.19 NMAC for salaries and benefits for positions specified in the regulation, including positions such as:
• Director
• Assistant Director
• Teacher
• Other covered positions
Providers should carefully review this requirement when developing budgets, payroll systems, and financial documentation.
6. NEW PROVIDER REPORTING REQUIREMENTS
Beginning in 2027, according to the implementation dates contained in the regulation, participating providers will have additional reporting responsibilities.
Required information includes areas such as:
• salaries;
• employee benefits;
• professional qualifications;
• employee positions and career-ladder levels;
• total expenditures for salaries and benefits; and
• certain operational and financial information.
Beginning January 2027, providers are also required to report program participation monthly through daily attendance records.
7. BUSINESS AND FINANCIAL TRANSPARENCY
New reporting provisions include certain information concerning:
• ownership structure;
• significant investments;
• certain business debts or liens;
• ownership changes;
• out-of-state funding or investments;
• operating hours and days; and
• employee benefit structures.
8. MEALS AND CACFP
The regulations clarify meal-related charges.
• Providers not participating in CACFP may charge a reasonable fee to reimburse meal costs.
• CACFP non-pricing programs may not charge fees for meals or snacks.
• CACFP pricing programs must follow applicable CACFP requirements.
Certain incidental expenses, such as special meals or field trips, may also be charged under the conditions established by the regulation.
9. REIMBURSEMENT RATES
Reimbursement continues to vary based on factors including:
• provider type;
• child's age;
• Full-Time, Part-Time, or Wrap-Around Care;
• FOCUS/Star level; and
• national accreditation when applicable.
Additional differentials and enhanced rates may apply when specific requirements are met.
10. NON-TRADITIONAL HOURS
Providers offering qualifying non-traditional care may receive differential payments.
Depending on the number of qualifying hours, the differential may be:
• 5%
• 10%
• 15%
Applicable requirements should be reviewed in the full regulation.
11. DEFINITION OF “CHILD” UNDER LICENSING
8.9.4 NMAC defines a “child” as a person under the chronological age of 19 years.
Providers should distinguish this definition from separate rules governing background checks, capacity, staffing, and supervision.
12. BACKGROUND CHECKS
Background checks remain required for individuals identified under applicable regulations.
Licensed homes must maintain required documentation for staff and required documentation concerning adults residing in the home.
Required background checks must be completed at least once every five years.
Before employment begins, staff must have the appropriate background-check authorization, including a Notice of Provisional Employment when applicable.
13. PERSONNEL RECORDS AND PDIS
The amended regulations clarify which personnel documents are maintained through PDIS and which records must be maintained by the provider.
These may include:
• background-check documentation;
• employment dates;
• training records;
• CPR/First Aid;
• professional development plans;
• personnel handbook acknowledgments;
• employee arrival/departure records;
• job responsibilities;
• performance evaluations; and
• administrative actions.
Specific requirements vary by facility type.
14. FAMILY HANDBOOK REQUIREMENTS
Programs must maintain a Family Handbook containing required information and policies, including areas such as:
• mission;
• philosophy;
• program information;
• operating hours;
• meals;
• family involvement;
• enrollment/disenrollment;
• expulsion;
• fees;
• absences;
• field trips;
• health and medication;
• emergencies;
• weather closures;
• confidentiality;
• abuse and neglect reporting;
• guidance;
• nondiscrimination; and
• employee cell-phone use.
Programs must follow applicable Licensing requirements when the handbook is updated.
15. MISSION, PHILOSOPHY & CURRICULUM
Licensing requirements identify program documentation including:
• Mission Statement
• Philosophy Statement
• Curriculum Statement
Programs should ensure that these documents are current and reflect actual program practices.
16. LICENSED FAMILY AND GROUP CHILD CARE HOMES
The regulations continue to distinguish between:
Licensed Family Child Care Home: up to 6 children.
Licensed Group Child Care Home: 7–12 children.
Applicable staffing, recordkeeping, training, supervision, and operational requirements should be reviewed carefully.
17. ZONING, BUILDING, FIRE & ENVIRONMENTAL APPROVALS
Licensing provisions address required approvals related to areas such as:
• zoning;
• building/certificate of occupancy;
• fire approval;
• environmental health;
• kitchens;
• private water systems;
• private sewage systems; and
• swimming pools, when applicable.
Specific provisions also address approvals used by schools and community centers.
18. CHILDREN'S RECORDS
Programs must maintain complete records for children in care.
Required records generally must be completed before the child is admitted to the program, subject to any exceptions specifically provided in the regulations.
19. EMPLOYEE CELL-PHONE POLICY
Required program policies include a policy directing and defining safe and appropriate employee cell-phone use.
20. INCIDENT REPORTING
Programs must comply with requirements related to incidents threatening children's health or safety, including:
• documentation;
• parent/guardian notification;
• required signatures;
• immediate notification following head injuries; and
• abuse and neglect reporting when applicable.
WHEN DID THE NEW RULES TAKE EFFECT?
The final amendments to 8.9.3 NMAC and 8.9.4 NMAC became effective September 9, 2026.
NMECLA encourages every New Mexico child care provider to review the complete regulations and update policies, handbooks, administrative records, payroll practices, and internal procedures as necessary.
NMECLA will continue sharing educational information and resources to help New Mexico's early childhood providers understand and implement these requirements.
Educational information only. This summary does not constitute legal advice and does not replace the official ECECD regulations.
Conference Updates
We are pleased to share that our conference was a great success. It was a special day filled with learning, collaboration, and celebration for our early childhood education and care community.
We were honored to welcome Secretary Elizabeth Groginsky and to present her with a special recognition in appreciation of her leadership, commitment, and support for early childhood education and care in New Mexico.
We sincerely thank everyone who participated and contributed to making this event a memorable experience.
Below, we are pleased to share some of the special moments from the conference through photos and videos.
Board Members
Executive Director: Rosa Barraza
575-442-9811
Administrative Deputy Director: Corina Barraza
corinabarraza@nmcla.org
Financial Administrator: Miriam Baque
miriambaque@nmcla.org
Communication Coordinator & Secretary: Sara Fraire
sarafraire@nmcla.org
Representative of the South:
Maria Ponce
mariaponce@nmcla.org
Olga Casillas
olgacasillas@nmcla.org
Representative of the East:
Helen Ortega
helenortega@nmcla.org
Maria Melendez
Services
Training Sessions
Personalized Consulting
Advocacy
The New Mexico Early Childhood Learning and Care Association (NMECLA) offers training in various ways to meet the needs of its members. It organizes practical workshops, interactive seminars, and educational conferences where members can acquire new skills, knowledge, and tools relevant to early childhood education and care. These events are designed and led by experts in the field, addressing current and practical topics ranging from teaching strategies to child development and child care center management. Additionally, NMECLA facilitates continuous professional development programs, offering online learning opportunities and accessible educational resources for its members, ensuring they are up-to-date on best practices and pedagogical approaches.
The New Mexico Early Childhood Learning and Care Association (NMECLA) Executive Director offers personalized consultations to its members through direct counseling and individualized advice. Members can reach out to NMECLA Executive Director to ask questions, voice concerns, or seek guidance on a variety of topics related to early childhood, education, and child care. Additionally, all board members are also available to provide assistance, guidance and solutions to the specific needs of members, whether it be in managing child care centers, implementing educational programs, or professional development for staff.
The New Mexico Early Childhood Learning and Care Association (NMECLA) advocates for child care providers by influencing government policy formulation, representing them before authorities and regulatory agencies, educating the public on the importance of quality child care, and promoting resources and support for providers. Through these actions, NMECLA aims to improve the conditions in which child care providers operate, ensuring their recognition, support, and access to necessary resources to offer quality services to children and their families.
Mission Statement
The New Mexico Early Care and Learning Association provides direction and clarity to its members and Stakeholders. We advance a diverse, dynamic Early Childhood profession and support all who care for, educate and work on behalf of young children.
Philosophy Statement
"In our association, we are dedicated to supporting and empowering home-based and center-based childcare providers. We recognize the vital role they play in children's development and commit to providing them with the support, resources, and training needed to deliver high-quality care. We believe in the transformative power of their work and strive to be a dependable source of guidance and assistance every step of the way. By coming together in community, we can create safe, nurturing, and enriching environments where every child can grow and thrive to their fullest potential."
About Us
Established in 2010, the New Mexico Early Care and Learning Association (NMECLA) is the largest and most authoritative body in the early childhood sector for Hispanics. We represent over 300 members statewide, including private, home-based, and other individuals passionate about the well-being of all New Mexico children.
NMECLA takes pride in being a voice for young children. We are willing and equipped to address a wide range of issues related to the provision of early childhood education and care, such as:
*Ensuring quality in early childhood education.
*Analyzing federal government policy.
*Promoting affordability and accessibility of childcare services.
Through our extensive network, we can also provide highly qualified experts in fields including children's social and emotional well-being, as well as early childhood education and care, among others.
Ready to Take the Next Step in Your Early Childhood Career?
Join NMECLA today and gain access to a wealth of resources, training opportunities,
and support to help you succeed in the field of early childhood education and care.
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