Section He-C 4002.35 - Requirements for Child Care Staff in Center-Based Programs(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; andc. 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; ore. 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; and3. 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; and4. 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; ord. 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; orb. 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; and2. 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; andd. 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.N.H. Admin. Code § He-C 4002.35
#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032 (formerly He-C 4002.32)