N.H. Code Admin. R. He-C 4002.38
School-Age Programs
Effective Sep 22, 2025#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.36); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.39)Commissioner, Department of Health and Human Services
- (a) School-age programs shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, He-C 4002.40 through He-C 4002.44, and this section, unless otherwise specified.
- (b) All school age programs shall be exempt from He-C 4002.08(b) only regarding recording birth dates on attendance records.
(c) School-age programs that operate in a building which currently house a public or private school shall:
- (1) Identify and protect children from hazards such as vehicular traffic with direct supervision if the environment does not provide adequate protection; and
- (2) Be exempt from modifying the environment to comply with He-C 4002.
(d) Programs that serve only children attending part day public kindergarten or full-day public school, or which have rooms used exclusively by kindergarten or school age children, shall be exempt from:
- (1) He-C 4002.22(a)(2) regarding unprotected outlets only;
- (2) He-C 4002.22(b) regarding access to sharp objects and hand sanitizer, provided the hand sanitizer is used by children under staff supervision;
- (3) He-C 4002.22(d) regarding non-toxic materials labeled “keep out of reach of children”; and
- (4) He-C 4002.22(e) regarding long cords and strings.
- (e) In lieu of He-C 4002.25(n), school-age programs operating for more than 5 hours per day shall provide children with an opportunity for at least 30 minutes of quiet activities, rest, or relaxation.
- (f) Programs shall staff school age programs with at least one group leader per group.
- (g) The maximum group size shall be 45 with one staff for every 15 children.
- (h) In addition to the staffing requirements in (f) above, programs licensed as school-age programs shall have a second staff person in the building when 13 or more children are present.
- (i) School-age programs that hold combination licenses with multiple program types shall provide separate space for the school-age children during the hours of operation of the school-age program when 9 or more school age children are present.
- (j) When 8 or fewer school-age children are present, programs shall have the option to combine school-age children with children 4 years of age and older.
(k) Programs shall have and maintain on file for review by parents or guardians and the department a written schedule of daily activities that ensures that the curriculum includes:
- (1) Opportunities for children to help in planning their own activities;
- (2) Time for structured and unstructured play, both indoors and outdoors;
- (3) Opportunities for active and quiet activities; and
- (4) Opportunities for individual and group experiences, both child-initiated and staff directed.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.36); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.39)