TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-N
DEPARTMENT OF EDUCATION

Section 21-N:9

    21-N:9 Rulemaking. –
I. The board of education shall adopt rules, pursuant to RSA 541-A, relative to minimum standards for:
(a) High schools, as authorized by RSA 186:8.
(b) Junior high schools, as authorized by RSA 186:8.
(c) Elementary schools, as authorized by RSA 186:8 and 189:25.
II. The board of education shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The organization of school administrative units.
(b) The duties of school boards.
(c) Standards for school building construction.
(d) School health policies.
(e) Child benefit services grants.
(f) Nonpublic school advisory councils.
(g) Home study.
(h) Dual enrollment, as authorized by RSA 193:1-b.
(i) High school equivalency programs, as authorized by RSA 186:61.
(j) Adult basic education programs, as authorized by RSA 186:61 and 186:62.
(k) Vocational rehabilitation services, as authorized by RSA 186:6 and 200-C.
(l) Special education programs affecting all children with disabilities, as authorized by RSA 186-C:5, 186-C:16 and 186-C:18, V.
(m) Standards for approval of regional career and technical education centers, as authorized by RSA 188-E:3.
(n) Vocational technical education, as authorized by RSA 186:6.
(o) Standards for approval of nonpublic schools, as authorized by RSA 186:11, XXIX.
(p) Qualifications and duties of school superintendents and principals, as authorized by RSA 186:8.
(q) Qualifications and duties of school administrative unit professional employees, as authorized by RSA 186:8.
(r) Professional preparation standards and approval of professional preparation programs for educating teachers in post-secondary institutions, as authorized by RSA 186:11, X.
(s) License standards for educational personnel, to include the establishment and implementation of a secure system for conducting criminal background checks pursuant to RSA 189:13-a for all first-time applicants listed in this section, and educator certification fees for granting licenses to educational personnel, including teachers, paraprofessionals, superintendents, assistant superintendents, special education administrators, business administrators, principals, vocational directors, coordinators of comprehensive health education and services, directors of pupil personnel services, guidance directors, guidance counselors, school psychologists, associate school psychologists, speech-language specialists, social workers, health educators, physical education teachers, consumer and family science teachers, elementary teachers, specialists in assessment of intellectual functioning, school bus drivers and transportation monitors, media supervisors, media generalists, and master teachers as authorized by RSA 186:8 and RSA 186:11, X, professional licenses including beginning educator licenses, experienced educator licenses, and intern authorizations, and other classifications of educators, administrators, specialists, and paraprofessionals necessary to address educational needs as determined by the state board upon the recommendation of the professional standards board pursuant to RSA 186:60.
(t) Administering the provisions of RSA 193:27 through 193:30 regarding placement of children, as authorized by RSA 193:30.
(u) Guidelines for uniform evaluation programs among local school districts.
(v) Administering the literacy education and dropout prevention program established in RSA 189:52-58.
(w) The exemption of certain students from participation in the statewide education assessment.
(x) Safe school zones, as provided in RSA 193-D:2.
(y) School bus safety, as provided in RSA 189:6-a.
(z) Local master plan for staff development and recertification.
(aa) Establishing requirements for teachers and teacher preparation programs to ensure that all teachers are prepared to teach to a broad range of students' needs, including, but not limited to, the needs of exceptional learners, using a variety of methods, materials, and instructional techniques.
(bb) Establishing the educational credential of master teacher as provided in RSA 189:14-f.
(cc)(1) The establishment and enforcement of a code of ethics and a code of conduct for licensed or certified educational personnel. These professional codes shall include a statement of purpose and standards defining each of the 4 primary principles which are:
(A) Responsibility to the education profession and educational professionals.
(B) Responsibility to students.
(C) Responsibility to the school community.
(D) Responsible and ethical use of technology as it relates to students, schools, and other educational professionals.
(2) The professional code of ethics and the professional code of conduct shall apply to all teachers, specialists, and administrators who are licensed or certified by the department.
III. [Repealed.]

Source. 1986, 41:1. 1987, 168:3. 1988, 274:2. 1989, 49:5. 1990, 140:2, X. 1992, 48:5. 1993, 290:1. 1994, 355:1. 1996, 19:3; 271:2. 1998, 174:1, 2; 314:1. 1999, 82:1. 2008, 274:31. 2011, 224:127, eff. July 1, 2011. 2013, 164:7, I, eff. June 28, 2013. 2015, 252:11, eff. July 1, 2015. 2017, 22:1, eff. June 24, 2017. 2019, 258:1, eff. Sept. 17, 2019. 2020, 19:3, eff. Sept. 15, 2020; 38:35, eff. Jan. 1, 2021.