Current through Register No. 40, October 3, 2024
(a)
All center-based programs, other than those operating solely as a school-age
program, shall have a center director who meets the following conditions:
(1) The center director or qualified
substitute director shall be on the premises for at least 60% of each day's
daytime operating hours; and
(2)
Programs operating as a night care program, the center director, qualified
substitute director or lead teacher shall be on the premises for at least 60%
of the program's evening and nighttime operating hours.
(b) School-age programs shall have a site
director who meets the following conditions:
(1) For school-age programs operating 5 or
fewer hours per day, a site director or qualified substitute director shall be
on the premises during all operating hours; or
(2) For school-age programs operating more
than 5 hours per day a site director or qualified substitute director shall be
on the premises for at least 60% of each day's daytime operating
hours.
(c) Center
directors, agency administrators, site coordinators and site directors shall:
(1) Be responsible for the daily operation of
the program and ensure the program's compliance with He-C 4002;
(2) Designate a staff person who meets at
least the minimum qualifications of group leader in school-age programs and
associate teacher in all other center-based programs, in accordance with this
section, who will be in charge and assume the responsibilities of the center
director or site director as follows:
a.
During any unplanned or emergency absence of the center director or site
director;
b. In school-age programs
operating more than 5 hours per day and all other center-based programs
operating during daytime hours, for the remaining 40% of the daytime operating
hours that the center director or site director is not required to be present
under (a)(1) and (b)(2) above; and
c. In night care programs, for the remaining
40% of the night time hours that the center director is not required to be
present under (a)(2) above; and
(3) Make all child care staff aware of the
identity and scope of responsibility of the individual who will be in charge in
the center director's or site director's absence.
(d) With the exception of programs operating
only as a school age program, there shall be at least one lead teacher on the
premises during all operating hours, and one out of every 6 child care staff
who are required to be on the premises in order to meet minimum staff to child
ratios shall meet the minimum qualifications of a lead teacher.
(e) The only exception to (d) above shall be
for the first and last hour of a center-based program operating more than 5
hours per day, provided an associate teacher as described in (l) below is on
the premises.
(f) Center-based
programs that wish to apply for or have a single license for multiple
buildings, and which choose not to have a center director in each building
shall designate a staff person who qualifies as a lead teacher to be in charge
in each building who reports to the center director.
(g) School age programs that wish to apply
for or have a single license for multiple buildings, and which choose not to
have a site director in each building shall designate a staff person who
qualifies as a group leader to be in charge in each building who reports to the
site director.
(h) The center
director, agency administrator, site coordinator, site director or his or her
designee shall have available for review at the program for all child care
staff, documentation to verify that the person qualifies for their position in
accordance with this section.
(i)
Center-based programs may employ substitute staff for not more than 90
consecutive days for the same position only if the individuals:
(1) Meet the age requirements of the staff
position for whom they are substituting; and
(2) Have completed the criminal background
check process as described in
He-C
4002.41.
(j) A center director in a center-based
program shall:
(1) Be at least 21 years of
age;
(2) Have a high school diploma
or equivalent, including but not limited to General Equivalency Diploma (GED),
a High School Equivalency Test (HiSet), or a Test Assessing Secondary
Completion (TASC);
(3) Have 3
credits in management or supervision, awarded by an accredited college or
university, a minimum of 2 years' experience in a supervisory or management
position in lieu of the 3 credits in management and supervision, or a written
plan for completion of 3 credits in management or supervision from an
accredited college or university;
(4) Have a minimum of 1500 hours experience
working with children in a licensed child care program or public or private
elementary school;
(5) Have one of
the following:
a. A minimum of an associate's
degree awarded by an accredited college in related coursework;
b. An additional 3000 hours of experience
working with children in a licensed child care program or in a public or
private elementary school and documentation of a non-expired child development
associates (CDA) in center-based programs awarded by the council for
professional recognition;
c.
Current certification in early childhood, elementary, or special education by
the department of education;
d.
Certification in a teacher preparation program accredited by the Montessori
Accreditation Council for Teacher Education (MACTE) in infant and toddler,
early childhood or elementary I, together with 60 credits, awarded by an
accredited college or university; or
e. Documentation of 60 credits, of which at
least 24 shall be in related coursework, including at least 3 credits in each
of the following core knowledge areas:
1.
Children with special needs;
2.
Child growth and development; and
3. Curriculum for early childhood education;
and
(6) Be on
file with the department as a center director working in that position on or
before November 6, 2017.
(k) A lead teacher in a center-based program
shall have a high school diploma or equivalent, including but not limited to
General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a
Test Assessing Secondary Completion (TASC), be at least 18 years old, and have
one of the following:
(1) A minimum of 18
credits in related coursework, including at least 3 credits in child or human
growth and development, plus a minimum of 1000 hours experience working with
children in a licensed child care program or public or private elementary
school;
(2) A minimum of 12 credits
in related coursework, plus 3000 hours experience working with children in
licensed child care program or public or private elementary school;
(3) Documentation of a non-expired child
development associates (CDA) in center-based programs awarded by the council
for professional recognition;
(4) A
credential from a teacher preparation program accredited by MACTE;
(5) Five years as a licensed family child
care provider with no enforcement actions imposed by the department;
(6) Successful completion of the New
Hampshire Early Childhood Apprenticeship Program;
(7) A minimum of 1000 hours of supervised
child care experience in a licensed child care program, documentation of
successful completion of a 2-year vocational course in career and technical
education with an additional 9 credits in related coursework; or
(8) Documentation from or on file with the
department that she or he was qualified for and employed in the position of
lead teacher on or before November 6, 2017.
(l) An associate teacher in a center-based
program shall be at least 18 years old, have a high school diploma or
equivalent, including but not limited to General Equivalency Diploma (GED), a
High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion
(TASC), and have one of the following options:
(1) Written documentation from or on file
with the department that she or he was qualified and employed as an associate
teacher on or before November 6, 2017;
(2) A minimum of 9 credits in related
coursework, including at least one 3 credit course in child or human growth and
development;
(3) Current
certification as para II educator by the department of education; or
(4) A minimum of 1000 hours of supervised
child care experience in a licensed child care program, and knowledge of child
growth and development obtained through one of the following:
a. Completion of a high school level 2-year
career and technical education course in teacher education;
b. A 3 credit college course in child or
human growth and development;
c.
Thirty hours of training in child growth and development, granted by an
accredited college or university, an authorized provider of the International
Association for Continuing Education and Training or obtained through
documented life experience, including experience with the same age children the
associate teacher supervises, such as a family child care provider, service as
a foster parent, work as a school teacher, work as a camp counselor and
experience as a group leader for children in sports or other activities, such
as scouts or little league, or closely related experience.
(m) Assistant teachers in a
center-based program, whether paid or volunteer, shall:
(1) Be at least 16 years of age;
and
(2) Work with children only
under the direct supervision and observation of a staff person who meets at
least the minimum qualifications of an associate teacher.
(n) Notwithstanding (m)(2) above, assistant
teachers shall only be alone with a child or group of children if the following
conditions are met:
(1) The center director
has approved the specific assistant teacher to do this, with approval
documented in the employee's file;
(2) The employee has been deemed eligible to
work pursuant to RSA
170-E:7, III;
(3) The employee has at least 3 months of
experience at the program;
(4) The
employee has completed the required trainings pursuant to
He-C
4002.33(a); and
(5) The specific activities that the
assistant teacher may be alone with children include:
a. Walking children:
1. To or from a bathroom;
2. To or from receiving first aid
treatment;
3. To or from a bus
stop; and
4. From one classroom or
area to another within the licensed premises;
b. Supervising an ill child while waiting for
pick-up by a parent;
c. Supervising
a group of children for up to 5 minutes when other child care staff leave the
classroom to do a task that cannot be completed by the assistant teacher;
or
d. Supervising any children that
may otherwise be without direct staff supervision pursuant to
He-C
4002.20.
(o) A junior helper in any center-based
program, whether paid or volunteer, shall:
(1) Be at least 14 years of age;
(2) Work with children only under the direct
supervision and observation of a staff person who meets at least the minimum
qualification of an associate teacher;
(3) Not be calculated in staff to child
ratios as specified in
He-C
4002.36, 4002.37, and 4002.39; and
(4) Not be required to complete professional
development hours as specified in
He-C
4002.33.
(p) A site director in a school-age program
shall be at least 20 years of age, have a high school diploma or equivalent,
including but not limited to General Equivalency Diploma (GED), a High School
Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), and
have at least one of the following:
(1)
Written documentation from or on file with the department that she or he was
qualified and employed as a site director in a school-age program on or before
the effective date of these rules in 2022;
(2) A minimum of an associate's degree in
child development, education, recreation, or other field of study focused on
children, awarded by an accredited college or university;
(3) Certification of successful completion of
training as a recreation director plus 1000 hours experience working with
children in a licensed child care program, recreation program or a public or
private elementary school;
(4) A
total of 12 credits in child development, education, recreation, or other field
of study focused on children, from an accredited college plus 1000 hours of
experience working with children;
(5) Current certification as an educator by
the department of education; or
(6)
Experience working with children totaling 2000 hours and:
a. Current certification as a para II
educator by the department of education; or
b. Both of the following:
1. Documentation of enrollment in a course
for at least 3 credits in child development, education, recreation, or other
field of study focused on children, through an accredited college or university
and a written plan on file for completion of at least 3 additional credits as
specified; and
2. Within 12 months
of the date the individual begins working as a site director, documentation of
successful completion of at least 6 credits as specified in b.1. shall be on
file for review by the department.
(q) A group leader in a school-age program
shall be at least 17 years of age, and have one of the following:
(1) Experience working with school-age
children, totaling 600 hours;
(2)
Documentation of at least 3 credits in child development, education,
recreation, or other field of study focused on children, awarded by an
accredited college or university;
(3) Documentation that she or he is a
certified coach;
(4) Documentation
of 5 years of parenting experience; or
(5) Documentation from or on file with the
department that she or he was qualified and employed as a group leader in a
school-age program on or before the adoption of these rules in 2022.
(r) An assistant group leader in a
school-age program, whether paid or volunteer, shall:
(1) Be at least 15 years of age;
and
(2) Work with children only
when under the direct supervision and observation of a site director or group
leader as described in this section.
(s) A project leader in a school-age program
shall:
(1) Be at least 15 years of
age;
(2) Be certified in CPR and
first aid;
(3) Be recommended by an
elementary school or established youth-related organization or agency;
and
(4) Have a written plan for the
project she or he is leading, including:
a. A
description of the project;
b. The
objective and expected outcomes of the project;
c. The location, time, and length of group
meetings; and
d. The evaluation
process of the project.
(t) Project leaders shall not be required to
complete in-service professional development hours as specified in
He-C
4002.33.
(u) Site directors in programs with a project
leader shall:
(1) Inform the project leader
of program policies and child care licensing rules;
(2) Require child care staff to observe or
check on the project leader every 20 minutes;
(3) Supervise, or require that the group
leader supervise, the project leader; and
(4) Have a consent form on file for review by
the department that is signed by the parent of each child participating in an
activity with a project leader.
(v) Project leaders shall not be calculated
in staff to child ratios as specified in
He-C
4002.39.
#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08,
EXPIRES: 11-22-08; ss by #9310, eff
11-23-08
