TITLE XV
EDUCATION

Chapter 186
THE STATE SCHOOL ORGANIZATION

State Board of Education

Section 186:1

    186:1 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:2

    186:2 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:3

    186:3 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:4

    186:4 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:5

    186:5 Powers. – The state board shall have the same powers of management, supervision, and direction over all public schools in this state as the directors of a business corporation have over its business, except as otherwise limited by law. It may make all rules and regulations necessary for the management of its own business and for the conduct of its officers, employees, and agents, and to secure the efficient administration of the public schools and the administration of the work of Americanization, in teaching English to non-English-speaking adults and in furnishing instruction in the privileges, duties, and responsibilities of citizenship, which is hereby declared to be an essential part of public school education. It shall be the duty of school boards and employees of school districts to comply with the rules and regulations of the state board.

Source. 1919, 106:5. 1921, 85, I:5. PL 116:5. RL 134:5.

Section 186:6

    186:6 Compliance With Federal Provisions. – The state board may also make the regulations necessary to enable the state to comply with the provisions of any law of the United States intended to promote vocational or other education, to abolish illiteracy and Americanize immigrants, to equalize educational opportunities, to promote physical health and recreation, and to provide an adequate supply of trained teachers.

Source. 1919, 106:5. 1921, 85, I:5. PL 116:6. RL 134:6.

Section 186:6-a

    186:6-a Limitation of Education. – Notwithstanding any other provision of law, the authority of the state department of education shall be limited to the problems associated with kindergarten and grades one through 12, provided, however, that the state board of education shall be authorized to accept, distribute and supervise funds for pre-kindergarten programs.

Source. 1963, 303:12. 1971, 371:3. 1989, 303:1. 1995, 182:22. 1998, 272:32, eff. Jan. 1, 1999.

Section 186:7

    186:7 Federal Funds; Cooperation. – The state treasurer shall be custodian of any money that may be allotted to the state by the federal government for general educational purposes. He shall also be the custodian of all moneys received by the state from appropriations made by congress for vocational rehabilitation of persons disabled in industry or otherwise, together with moneys received for this purpose from other sources, and is authorized to make disbursements therefrom upon the order of the state board. The state board is authorized and directed to cooperate with the proper authorities of the United States in educational work and in carrying out the provisions of the federal civilian vocational rehabilitation act.

Source. 1917, 226:2. 1921, 85, I:5. 1925, 18:1. PL 116:7. 1931, 48:1. RL 134:7.

Section 186:7-a

    186:7-a Special Teacher Competence Fund. – The state treasurer shall invest as a permanent fund the proceeds of the sale of the state lands affected under the authority of a joint resolution approved June 28, 1867 and the annual income thereof may be used by the state board of education for any activity calculated to increase the professional competence of the teachers of New Hampshire.

Source. 1969, 69:6, eff. June 3, 1969.

Section 186:8

    186:8 Rulemaking Authority; Standards; Employee Qualifications. –
The state board of education shall adopt rules, pursuant to RSA 541-A, relative to:
I. Academic standards for all grades of the public schools.
II. Minimum standards for public school approval for all grades of the public schools.
III. Qualifications and duties for school superintendents, principals, school administrative unit professionals and other public school employees.
IV. Certification standards for educational personnel, including those listed in RSA 21-N:9, II(s), provided that the commissioner of the department of education may, through an agreement with another state when such state and New Hampshire are parties to an interstate agreement, provide for recertification based on another state's procedures if the other state's professional development plan is approved by the New Hampshire department of education.
V. 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.
VI. Certification standards for advanced teaching credentials, including administering the master teacher credential as provided in RSA 189:14-f.
VII. Appeals from a school board on the matter of nonrenewal of teacher contracts, providing that the appeal to the state board of education shall be limited to the record developed at the school board hearing, except where the state board of education determines that new evidence is available which could not have been reasonably discovered at the time of the school board hearing and that such evidence may have materially affected the outcome of the school board hearing. In such cases, the state board of education shall render a final decision in the matter or remand it to the school board for a new hearing.
VIII. Requiring a high school pupil to attain competency in mathematics for each year in which he or she is in high school through graduation to ensure career and college readiness. A pupil may meet this requirement either by satisfactorily completing a minimum of 4 courses in mathematics or by satisfactorily completing a minimum of 3 mathematics courses and one non-mathematics content area course, including, but not limited to, a CTE program under RSA 188-E, in which mathematics knowledge and skills are embedded and applied, as may be approved by the school board. The rules shall be implemented in the 2015-16 school year.
IX. Implementing the provisions of RSA 193:26-a.

Source. 1919, 106:5. 1921, 35, 1:5. PL 116:8. RL 134:8. 1951, 255:2. RSA 186:8. 1986, 41:7. 1998, 174:3; 314:2. 1999, 224:1. 2003, 204:1. 2014, 119:1. 2016, 84:1, eff. July 18, 2016. 2018, 108:1, eff. July 24, 2018. 2021, 209:2, Pt. I, Sec. 2, eff. July 1, 2023.

Section 186:9

    186:9 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:9-a

    186:9-a Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:9-b

    186:9-b Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:10

    186:10 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:10-a

    186:10-a Hearing Officer. – The state board of education upon nomination of the commissioner shall appoint a qualified hearing officer to preside over such preliminary hearings as may be held prior to formal hearings held by the state board, and to render decisions which shall be binding until the state board's formal hearings are held.

Source. 1977, 57:1. 1986, 41:30, eff. April 3, 1988.

Section 186:11

    186:11 Duties of State Board of Education. –
The state board of education shall, in addition to the duties assigned by RSA 21-N:11:
I. [Repealed.]
II.
Supervision. Supervise the expenditure of all moneys appropriated for public schools, and inspect all institutions in which or by which such moneys are used.
III.
Budget: Information. Prepare a budget for such expenditures, give to the public information as to the educational conditions in different parts of the state and the opportunities open to pupils in the public schools, and all such further information in respect to educational matters as will promote the cause of education. For this purpose it may employ lecturers and publish and distribute books and pamphlets on education and educational subjects.
IV, V. [Repealed.]
VI.
School Registers. Prescribe the form of the register to be kept concerning the schools, the form of blanks and inquiries for the returns to be made by the school boards, and seasonably send the same to the clerks of the several cities and towns for the use of the school boards therein.
VII.
Public Documents. Keep on file in its office and distribute all state documents in relation to public schools and education.
VIII.
District Returns. Preserve in accessible form the returns of school boards and of all other officers required to make returns to the board.
IX.
Instruction as to Child Abuse Prevention, Youth Suicide Prevention, Intoxicants, Drugs, HIV/AIDS, and Sexually Transmitted Diseases.
(a) Direct the department to develop academic standards to serve as a guide and reference in health, physiology, and hygiene as they relate to the effects of alcohol and other drugs, child abuse, human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS), and sexually transmitted diseases on the human system, and which are designed to help students lead longer, healthier lives.
(b) Provide information about HIV/AIDS to all public and private schools to facilitate the delivery of appropriate courses and programs.
(c) Review HIV/AIDS curriculum materials to assure relevancy in assisting students to become health-literate citizens and lead longer, healthier lives.
(d) Provide information about youth suicide prevention to all public and private schools to facilitate the delivery of appropriate courses and programs.
(e) Submit a report no later than December 1, 2010, and biennially thereafter, prepared in conjunction with the commissioner of the department of education, to the chairpersons of the house and senate education committees, the house health, human services and elderly affairs committee, and the senate health and human services committee, detailing the state's efforts in fulfilling the policies relating to health education in kindergarten through grade 12 as set forth in subparagraphs (a)-(d).
IX-a. [Repealed.]
IX-b.
Health and Sex Education. Require school districts to adopt a policy allowing an exception to a particular unit of health or sex education instruction based on religious objections. Such policy shall include a provision for alternative learning sufficient to enable the child to meet state requirements for health education.
IX-c.
Require School Districts to Adopt a Policy Allowing an Exception to Specific Course Material Based on a Parent's or Legal Guardian's Determination that the Material is Objectionable. Such policy shall include a provision requiring the parent or legal guardian to notify the school principal or designee in writing of the specific material to which they object and a provision requiring an alternative agreed upon by the school district and the parent, at the parent's expense, sufficient to enable the child to meet state requirements for education in the particular subject area. The policy shall also require the school district or classroom teacher to provide parents and legal guardians not less than 2 weeks advance notice of curriculum course material used for instruction of human sexuality or human sexual education. The policy shall address the method of delivering notification to a parent or legal guardian. To the extent practicable, a school district shall make curriculum course materials available to parents or legal guardians for review upon request. The name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the material shall not be public information and shall be excluded from access under RSA 91-A.
IX-d.
Require School Districts to Adopt a Policy Governing the Administration of Non-academic Surveys or Questionnaires to Students. The policy shall require school districts to notify a parent or legal guardian of a non-academic survey or questionnaire and its purpose. The policy shall provide that no student shall be required to volunteer for or submit to a non-academic survey or questionnaire, as defined in this paragraph, without written consent of a parent or legal guardian unless the student is an adult or an emancipated minor. The policy shall include an exception from the consent requirement for the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The policy shall also allow a parent or legal guardian to opt-out of the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The school district shall make such surveys or questionnaires available, at the school and on the school or school district's website, for review by a student's parent or legal guardian at least 10 days prior to distribution to students. In this paragraph, "non-academic survey or questionnaire" means surveys, questionnaires, or other documents designed to elicit information about a student's social behavior, family life, religion, politics, sexual orientation, sexual activity, drug use, or any other information not related to a student's academics.
X. Adopt rules, pursuant to RSA 541-A, relative to:
(a) Certification of teachers, supervisors, and administrators in the public schools. The state board shall also examine the qualifications of candidates for those positions and issue certificates to those who meet the requirements of said rules.
(b) Fees to be paid to the commissioner of education for the administration of proficiency exams and other competence evaluations and other related fees including, but not limited to, fees for late filing and duplicate credentials, and for the issuance of educational credentials. These fees must bear a reasonable relationship to the actual costs related to such activities. Funds collected from these fees shall be expended only for purposes of fulfilling the requirements of this paragraph. No portion of the funds collected from these fees shall lapse, nor be used for any other purpose than fulfilling the requirements of this paragraph, nor be transferred to any other appropriation.
(c) Approval of professional preparation programs.
(d) Procedures for the electronic certification of educational credentials.
(e) Establishment and enforcement of a code of ethics and a code of conduct for licensed or certified educational personnel as provided in RSA 21-N:9, II(cc).
XI. [Repealed.]
XII.
Vocational Education. Cooperate with the U.S. Department of Education for the purpose of carrying the Carl D. Perkins Vocational Education Act of 1984 and its successor acts into effect insofar as that act relates to this state.
XIII.
Education for Persons with Disabilities. Prepare, develop and administer plans to provide educational facilities for persons with disabilities.
XIV.
Lectures. Lecture on educational subjects in as many cities and towns in this state as the time occupied by the commissioner's other duties will permit.
XV.
Truant Officers. Report frequently to the chairman of the several school boards the relative efficiency of the several truant officers in the state.
XVI. [Repealed.]
XVII.
District Contracts. Examine contracts made by districts with academies, high schools and other literary institutions, for the purpose of deciding whether they are calculated to promote the cause of education.
XVIII.
School Attendance. Enforce the laws relative to school attendance and the employment of minors; and for this purpose the board and its deputies are vested with the power given by law to truant officers.
XIX.
School Laws. Compile and issue, at the close of each session of the legislature, an edition of the school laws.
XX-XXIV. [Repealed.]
XXV.
Assistants. Employ as many supervisors, inspectors, stenographers, accountants, clerks and agents as may be necessary to enable it to perform the duties imposed on it by law.
XXVI.
Conferences. Hold conferences from time to time with superintendents, other school administrative unit personnel, principals, and teachers, or their representatives, for the purpose of inspiring mutual cooperation in the carrying on of their work and of unifying educational aims and practices.
XXVII.
Programs. Prepare, publish and distribute such school programs, outlines of work and courses of study as will best promote education interests of the state.
XXVIII.
Health. Have authority to employ a competent person or persons to examine and care for the health of pupils, subject to the provisions of RSA 200.
XXIX. Adopt rules, pursuant to RSA 541-A, relative to reasonable criteria for approving non-public schools for the purpose of compulsory attendance requirements. The rules may contain criteria for conditional approval as specified by the state board. The state board of education may, upon request, designate which schools meet those criteria, and may, upon the request of a non-public school, approve or disapprove its education program and curriculum.
XXIX-a. Adopt rules pursuant to RSA 541-A, relative to establishing a process for receiving, investigating, and resolving complaints from parents or legal guardians concerning school safety and school violence in nonpublic schools.
XXX. [Repealed.]
XXXI.
Driver Education. Establish jointly with the department of safety, teacher qualifications, course content and standards, in connection with the driver education program conducted in secondary schools in this state; and adopt such rules as may be necessary to carry out the program and supervise the driver education program in the secondary schools of the state. Driver education instructors shall not be required to be certified as secondary school teachers. Although authority is shared by the departments of safety and education, those regulations, directions and procedures that have a direct or indirect relationship to a life or safety issue shall rest with the department of safety as the final and ultimate authority.
XXXII.
Learning Disability Teacher. Establish the qualifications, conditions and exceptions for providing a learning disability teacher in each school district.
XXXIII.
Discrimination. Ensure that there shall be no unlawful discrimination in any public school against any person on the basis of sex, race, creed, color, marital status, or national origin in educational programs, and that there shall be no denial to any person on the basis of sex, race, creed, color, marital status, national origin, or economic status of the benefits of educational programs or activities.
XXXIV.
Missing Child Education Program. Administer the missing child education program as established in RSA 193:31.
XXXV.
Certification Standards for the
Credential of Master Teacher. Adopt rules creating the educational credential of master teacher based on the provisions of RSA 189:14-f.
XXXVI.
Pupil Safety and Violence Prevention. Develop and distribute to school districts a technical assistance advisory for the purpose of providing guidance to school districts on the implementation of pupil safety and violence prevention policies as required under RSA 193-F.
XXXVII.
School Resource Officers. Require each school district in the state to which a school resource officer is assigned to develop and implement a policy which shall include, at a minimum, a requirement for a signed memorandum of understanding between the school district and the law enforcement agency from which the school resource officer is deployed. The memorandum of understanding shall be made available as a public document.

Source. 1919, 106:9. 1921, 85, I:8. PL 116:11. 1929, 145:3. 1939, 8:1. RL 134:11. 1953, 243:1-4. RSA 186:11. 1957, 252:1, 2. 1961, 196:1-3. 1963, 117:2; 147:1; 303:7; 305:1-3. 1965, 199:1; 339:4. 1967, 448:1. 1969, 69:1-3. 1971, 371:4, 5; 443:4. 1973, 140:15; 209:2; 242:1. 1974, 28:1. 1975, 23:1; 207:1; 505:6. 1977, 432:1; 452:6. 1979, 53:1; 459:4, 9, 10. 1981, 318:1. 1985, 318:4. 1986, 41:8-10, 29, II. 1987, 161:1. 1988, 262:7. 1989, 266:37. 1990, 28:1; 140:2, III. 1992, 123:1. 1993, 322:9, I, II. 1996, 298:5, I. 1998, 174:4, 5; 314:3; 389:8, 9. 1999, 157:1. 2000, 190:2. 2003, 39:1; 186:2. 2005, 92:1. 2008, 251:1, 4, 5. 2009, 105:1; 280:1. 2011, 271:1. 2014, 62:1. 2015, 161:6. 2016, 14:1; 84:2. 2017, 9:1, eff. June 16, 2017; 22:2, eff. June 24, 2017; 251:1, eff. Sept. 16, 2017. 2019, 258:2, eff. Sept. 17, 2019. 2021, 227:3, eff. Oct. 24, 2021.

National Defense Education Aid

Section 186:11-a to 186:11-e

    186:11-a to 186:11-e Repealed by 1990, 28:11, eff. May 14, 1990. –

Appeals and Appropriations

Section 186:12

    186:12 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Section 186:13

    186:13 Appropriations, How Used. –
All money appropriated by the legislature for general educational purposes, in addition to the literary fund and all other funds created for the purposes enumerated in this section, shall be used for the following purposes:
I.
Illiteracy. For the abolition of illiteracy and for the instruction of illiterates over 14 years of age in common school branches and in the privileges, duties, and responsibilities of citizenship.
II.
Americanization. For the Americanization of immigrants, for the teaching of those 14 years of age and over to speak and read English and to appreciate and respect the civic and social institutions of the United States, and for instruction in the duties of citizenship.
III.
Equalization and General Aid. For equalizing educational opportunity and improving the public elementary and high schools.
IV.
Health. For promotion of the physical health and recreation of pupils, and for their medical and dental examination.
V.
Examination, etc. For the determination of mental and physical defects, for the employment of school nurses and the instruction of pupils in the principles of health and sanitation.
VI.
Instructing Teachers. For preparing teachers for the schools, particularly for rural schools, for encouraging a more nearly universal preparation of prospective teachers, and for extending the facilities for the improvement of teachers already in the service.
VII.
Expenses. For the expense of administration of the department of education.
VIII.
Federal Aid. For making available the funds provided by federal law for vocational or other education.
IX.
Tuition. For the payment of tuition as provided in this title.
X.
Education for the Deaf. For the expense of providing educational facilities for the deaf.
XI. (a) To share with local school districts, under Public Law 91-248, the cost of the national school lunch program, excluding state salary and administrative expenses, the state board of education shall from appropriated funds disburse such funds to schools in such manner that each school receives the same proportionate share of such funds as it receives of the federal funds apportioned to New Hampshire for the same federal fiscal year, under section 4 of the National School Lunch Act, as amended.
(b) To accomplish the requirements for school food service and nutrition education which each school board is required to implement under RSA 189:11-a, the state board of education may allocate from such matching funds, as required to be appropriated under Public Law 91-248, an amount not to exceed 1/2 of the appropriation. These funds are to be disbursed to school districts for the purchase of food service equipment and nutrition education learning materials as required to meet the requirements of RSA 189:11-a. Such disbursements are to be used first to meet the school district's share of non-food assistance matching under the federal program and to assist with the purchase of food service equipment in schools ineligible for federal non-food assistance funding; residual amounts available under this appropriation authority may be utilized to institute nutrition education programs, at the discretion of the state board of education.
(c) Subject to available appropriations, a chartered public school, nonpublic school approved by the department of education, or any residential facility for children, which meets state and federal school nutrition program requirements, may apply for reimbursement pursuant to RSA 189:11-a, VII, for all approved meals.
XII.
Revolving Fund. For a nonlapsing revolving fund to be known as the printed materials revolving fund which is hereby established to be administered by the department of education. The moneys in said fund shall be used for the purpose of printing materials for distribution. A reasonable charge shall be established for each copy of a document. Charges made shall be in the amount necessary to pay the cost of producing such documents. Receipts from the sale of any documents shall be credited to the fund established in this paragraph. The receipts from such charges shall be used for no other purpose than the subsequent printing of documents of the department of education. State agencies and members of the general court shall not be charged for printed materials which are paid for by the fund. Any available balance in this fund in excess of $50,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue.

Source. 1919, 106:11. 1921, 85, I:11. PL 116:14. 1929, 145:3. 1939, 8:2. RL 134:14. 1947, 198:1. RSA 186:13. 1971, 250:1. 1975, 347:1. 1986, 145:1. 1993, 227:1. 1996, 179:2. 2007, 76:1. 2008, 354:1, eff. Sept. 5, 2008.

Section 186:13-a

    186:13-a Repealed by 1973, 533:14, eff. July 1, 1973. –

Approval of Branches of Out-Of-State Institutions

Section 186:13-b

    186:13-b Repealed by 2013, 164:7, II, eff. June 28, 2013. –

Section 186:13-c

    186:13-c Repealed by 2013, 164:7, III, eff. June 28, 2013. –

The Teachers Colleges

Section 186:14 to 186:24

    186:14 to 186:24 Repealed by 1963, 303:7, eff. July 1, 1963. –

Examination of Candidates for Teachers

Section 186:25 to 186:34

    186:25 to 186:34 Repealed by 1969, 69:4, eff. June 3, 1969. –

Teachers' Institutes

Section 186:35 to 186:38

    186:35 to 186:38 Repealed by 1969, 69:5, eff. June 3, 1969. –

Vocational Education

Section 186:39

    186:39 State Board of Education. – The state board of education is hereby designated as the sole agency for the receipt of federal funds under the provisions of federal vocational education acts. The commissioner, department of education, shall administer programs for which the state may be entitled to receive such federal funds. The state is pledged to make available for the several purposes of said federal acts funds sufficient to meet the state's obligations from time to time and to meet all conditions necessary to entitle the state to accept the benefits thereof.

Source. 1917, 226:1. 1921, 85, I:35. 1925, 18:1. PL 116:38. RL 134:38. RSA 186:39. 1990, 28:2, eff. May 14, 1990.

Section 186:40

    186:40 Administration. – The commissioner, department of education, is authorized to arrange with institutions and with school boards of towns or city districts in the state to furnish the necessary buildings, equipment, and additional funds required in carrying out the provisions of the federal acts, so far as those acts apply to this state; and school districts are authorized to enter into such contracts with the commissioner. The commissioner is further authorized to approve certain schools and educational institutions within the state as vocational training centers for the purpose of enlarging the opportunities for such training and putting into effect the provisions of RSA 186:39 and to make suitable arrangements with such schools and institutions to receive pupils for vocational training who may not reside in the town or school district where such school or institution is located.

Source. 1917, 226:4, 5. 1921, 85, I:36. PL 116:39. RL 134:39. 1943, 91:1. RSA 186:40. 1990, 28:3, eff. May 14, 1990.

Section 186:40-a

    186:40-a Technical Assistance. – A primary responsibility of the department of education shall be to provide technical assistance and information to school districts to assist the districts to effectively and efficiently implement state and federal vocational education policies and programs. The department shall place less emphasis on regulation and shall give high priority to increasing and improving technical assistance efforts.

Source. 1985, 297:3, eff. June 14, 1985.

Handicapped Children

Section 186:41 to 186:50

    186:41 to 186:50 Repealed by 1965, 378:2, eff. July 1, 1965. –

Intellectually Retarded Children

Section 186:50-a to 186:50-c

    186:50-a to 186:50-c Repealed by 1961, 226:3, eff. July 1, 1961. –

Section 186:50-d to 186:50-g

    186:50-d to 186:50-g Repealed by 1965, 378:2, eff. July 1, 1965. –

Commissioner's Salary

Section 186:51

    186:51 Repealed by 1986, 41:29, I, eff. April 3, 1988. –

Board of Nurse Examiners

Section 186:52, 186:53

    186:52, 186:53 Repealed by 1991, 132:1, I, eff. July 19, 1991. –

Higher Education Loan Program

Section 186:54 to 186:58

    186:54 to 186:58 Repealed by 1991, 132:1, II, eff. July 19, 1991. –

School Volunteer Programs

Section 186:59

    186:59 School Volunteer Programs Authorized. – The commissioner of education is authorized to contract with appropriate private organizations to provide volunteer services to public schools. Such organizations would serve as centralized agencies for recruiting, orienting, training and placing volunteers in public schools. The commissioner of education shall request the attorney general to prepare a contract which will outline the obligations of the parties.

Source. 1973, 327:1, eff. July 1, 1973.

Professional Standards Board

Section 186:60

    186:60 Professional Standards Board. –
I. There is hereby established a professional standards board to advise the state board of education regarding professional growth, certification, and governance of the education profession in this state. The board shall consist of the following 21 members:
(a) The commissioner of the department of education, or designee, who shall be the executive secretary of the board;
(b) 9 members representing classroom teachers, education specialists, or instructional specialists;
(c) 9 members representing higher education and education administration with at least 3 employed by a community college system of New Hampshire member institution education department, or university system of New Hampshire member institution education department; and
(d) 2 members representing qualified lay persons.
II. The state board of education shall appoint the 20 members of the board specified in paragraph I(b), (c) and (d) from nominations submitted by the education profession and interested persons.
III. The appointed members of the board shall serve for 3-year terms and may not serve for more than 3 consecutive full terms.
IV. The appointed members of the board shall serve without compensation and shall be entitled to reimbursement by the state board of education for mileage and expenses incurred in performing required duties. The state board of education shall furnish the board with materials, secretarial assistance, and meeting facilities.
V. The members of the board shall annually elect a chairperson from among their membership. The chairperson shall present budget requests to the state board of education.
VI. The board shall have the following powers and duties:
(a) The board shall recommend policies to the state board of education including, but not limited to, pre-service education, continuing education, professional growth, initial certification, recertification, para-professional training and certification, revocation of credentials, performance evaluation and staffing patterns. In making policy recommendations on the certification process, the board shall consider complaints it receives from persons who feel aggrieved by the process.
(b) The board shall meet at least 5 times annually.
(c) The board shall annually submit a report to the state board of education concerning its activities and containing policy recommendations.
(d) The board shall maintain records and minutes of its meetings and shall file them in the bureau of credentialing for 25 years.

Source. 1975, 122:1. 1986, 41:12. 1994, 379:4, eff. June 9, 1994. 2018, 315:9, eff. Aug. 24, 2018. 2019, 132:1, 2, eff. Aug. 24, 2019. 2022, 315:1, eff. Aug. 30, 2022.

Adult Education

Section 186:61

    186:61 Establishment of Adult High School Education Program. –
I. The state board of education shall establish and promote an educational program for adults to earn a high school diploma or its equivalent. This program shall be administered by the division of learner support, department of education, in accordance with the rules adopted by the state board.
II. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The issuance of high school diplomas to adults.
(b) The issuance of high school equivalency certificates based on uniform educational criteria.
(c) Designation of public schools and institutions of higher education to serve as testing centers for high school equivalency certificate examinations.

Source. 1975, 363:1. 1986, 41:13. 1994, 379:5, eff. June 9, 1994. 2018, 315:12, eff. Aug. 24, 2018.

Section 186:62

    186:62 Establishment of Other Adult Education Programs. –
I. The state board of education shall promote and encourage other programs of adult and continuing education. The board shall adopt rules, pursuant to RSA 541-A, relative to standards and accreditation of those adult and continuing education programs which involve certification of adult learners at the high school level.
II. These programs shall be administered by the division of learner support. The division shall:
(a) Receive applications from school district officials seeking those funds which have been designated for adult education programs operating within school district auspices and grant funds to school districts for such programs.
(b) Accept grants, gifts and funds for such programs.
(c) Request, receive and expend federal funds for such programs.
III. It is the intent of this subdivision to:
(a) Encourage the development of adult and continuing education programs by persons and organizations operating both within and outside of the public school system and to encourage such persons and organizations to apply for federal or state funds which are available for the support of programs in adult education, continuing education, and community education.
(b) Encourage the use of public school facilities by various educational groups and organizations within the community, subject to those guidelines and policies which might be established by local school boards.
IV. This subdivision should not be construed to:
(a) Restrict through certification or other procedures the ability of individuals or organizations to act in a teaching capacity with respect to adult, continuing, or community education programs for which no diploma or certification is offered.
(b) Extend control over adult or continuing education programs organized by public or private institutions of higher or postsecondary education to the state board of education, except where such programs are already under its jurisdiction.

Source. 1975, 363:1. 1986, 41:14. 1994, 379:6, eff. June 9, 1994. 2018, 315:13, eff. Aug. 24, 2018.

Section 186:63

    186:63 Funding of Educational Programs. – Funding for the programs authorized by this subdivision shall be from monies appropriated by the state and the school districts for such programs and from such other funds as may be made available by the state board of education.

Source. 1975, 363:1, eff. Aug. 6, 1975.

Comprehensive Health Education

Section 186:64 to 186:67

    186:64 to 186:67 Repealed by 1986, 41:29, III, eff. April 3, 1988. –

Section 186:67-a

    186:67-a Repealed by 2009, 105:2, eff. June 15, 2009. –

Military Recruiters Access

Section 186:68

    186:68 Military Recruiters; Access; Reporting. –
I. Notwithstanding any other provision of law to the contrary, all public high schools and all institutions within the state university system, and all private high schools, colleges, and universities which receive state funds shall offer the same on-campus recruiting opportunities to representatives of state or United States armed services as they offer to nonmilitary recruiters.
II. (a) A public school subject to this section shall provide notice to each student and to the parent or guardian of each student enrolled at the school that, in accordance with federal law, the student or the parent or guardian of the student may request that the student's name, address, and telephone number not be released to military recruiters.
(b) The notice described under subparagraph (a) shall:
(1) Be included in a clear and conspicuous manner and in the same size type as the other statements on the card requesting emergency contact information that is distributed by the school to each student or parent or guardian of the student; and
(2) Request that the student or the parent or guardian of the student indicate if the student's name, address, and telephone number is not to be released to military recruiters by checking the box "Do not release contact information."
III. (a) In this paragraph, "ASVAB" means the Armed Services Vocational Aptitude Battery.
(b) Each public school that administers the ASVAB shall choose "option 8" as the score reporting option for military recruiter contact to prohibit the general release of any student information to military recruiters.
(c) Each public school that administers the ASVAB shall:
(1) Send a written notice to the ASVAB representative coordinating the school's administration of the ASVAB of the requirement set forth in subparagraph (b); and
(2) Notify students taking the ASVAB and the parent or guardian of students taking the ASVAB of the release of student information requirements set forth in subparagraphs (b) and (d).
(d) A student or a student's parent or guardian may choose to release the student's personal information and ASVAB scores to recruiting representatives of the military services by individually submitting the required forms to the military services authorizing the release of the information.

Source. 1983, 464:1. 2014, 220:1, eff. July 1, 2014.

School Improvement Program

Section 186:69

    186:69 Repealed by 1996, 300:7, eff. July 1, 1996. –

Reading Recovery Training Program

Section 186:70

    186:70 Reading Recovery Training Program. –
I. There is established a reading recovery training program to provide reading recovery training to all eligible first-grade teachers so that reading recovery programs may be made available to all eligible first-grade pupils in those local school districts that choose to implement reading recovery programs.
II. The department of education shall administer the reading recovery training program in accordance with the program requirements outlined in the Guidelines and Standards for the North American Reading Recovery Council.
III. Each biennium, the department shall, subject to the extent of funds appropriated, provide for the training needs of the participating local districts and shall also provide continuing education to teachers who have completed the initial training.
IV. Local districts shall be responsible for all salaries, benefits, and materials for local reading recovery teachers during program training and implementation.
V. Unless excused by the department of education, a teacher who completes reading recovery training shall agree to provide reading recovery programs to New Hampshire pupils for at least 2 years following such training.

Source. 1997, 286:2, eff. July 1, 1997.