CHAPTER Ed 300  ADMINISTRATION OF MINIMUM STANDARDS IN PUBLIC SCHOOLS

 

PART Ed 301 – RESERVED

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; EXPIRED 5-16-90

 

New.  #6366, eff 10-30-96; rpld by #7073, eff 8-19-99

 

PART Ed 302  DUTIES OF SCHOOL SUPERINTENDENTS

 

          Ed 302.01  Executive Officer.

 

          (a)  The superintendent shall:

 

(1) Serve as the executive officer of the local school district or districts within the school administrative unit (SAU);

 

(2)  Be responsible for the overall administrative and leadership services of the SAU; and

 

(3)  Perform the duties specified in the section.

 

          (b) The superintendent shall be responsible for planning and managing the administrative and leadership services of the local school district or districts within the school administrative unit subject to statutory requirements, these rules, and the policies of the local districts

 

          (c)  The administrative and leadership services shall be defined and directed by the governing body employing the superintendent.

 

          (d)  Such local district services shall include but not be limited to the following areas:

 

(1)  Personnel;

 

(2)  Finance;

 

(3)  Communication/community relations;

 

(4)  Student service;

 

(5)  Maintenance/capital improvement;

 

(6)  Curriculum;

 

(7)  Instruction;

 

(8)  Assessment;

 

(9)  Short and long range planning;

 

(10)  Governance for student achievement;

 

(11)  Policy research;

 

(12)  Implementation, and review; and

 

(13)  Overall leadership on educational issues.

 

          (e)  The superintendent shall develop and maintain a system of public schools, staffed by certified educators, qualified professionals, and persons providing support services, subject to statutory requirements, these rules, and the policies of the local districts (s).

 

          (f)  The superintendent shall provide, develop and implement procedures to achieve educational objectives within the local school district or districts with the school administrative unit.

 

          (g)  The superintendent shall be directly responsible to the local school district or districts within the school administrative unit board.

 

          (h)  The superintendent may nominate for school administrative unit board appointment one or more assistants, including assistant superintendents, and business administrators. The superintendent may assign duties for the efficient management of the school administrative unit.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

          Ed 302.02  Substantive Duties.  The superintendent shall in addition to those duties outlined in Ed 302.01:

 

          (a)  Nominate all certified staff and appoint other employees in accordance with state law, the rules of the state board and school board policies;

 

          (b)  Direct and supervise the work of all employees of the district or districts within the school administrative unit and shall have all powers necessary to make such direction effective, as outlined in RSA 194-C:4. While the superintendent has ultimate responsibility, he/she may delegate powers and duties to other personnel.

 

          (c)  Be responsible for the selection and purchase of textbooks and all other supplemental materials and supplies in accordance with the policies of the school board and the state board and see that the same are distributed to the school, accurately accounted for and economically used;

 

          (d)  Be responsible for developing and recommending to the school board or boards within the school administrative unit the annual budget for the support of the educational program and for the operation and maintenance of schools within the district or districts and the school administrative unit in accordance with school board policy;

 

          (e)  Be responsible for developing and maintaining an accounting system and financial reporting procedures for all funds in accordance with local school board policy, and local and state laws;

 

          (f)  Be responsible for the development of an educational plan including curriculum, instruction, and assessment programs for the district or districts and for recommending a program of studies suitable to the needs of the pupils and the community in accordance with local school board policies, state statutes and state board rules;

 

          (g)  Remove a teacher or other employee of the district in accordance with RSA 189:31;

 

          (h)  Recommend the dismissal of certified staff to the board, which has the authority to dismiss in accordance with RSA 189:13;

 

          (i)  Provide for temporary staff to fill vacancies and provide supplies immediately needed for the operation of the schools;

 

          (j)  Be responsible for maintaining records and filing reports as required by the state board of education and the local school boards;

 

          (k)  Admit pupils to the resident school district in accordance with the laws of the state and the rules of the state board and policies of the local board;

 

          (l)  Direct pupils to assigned classes and grades, consistent with local school board policies;

 

          (m)  Maintain a safe environment for pupils free of hazardous conditions;

 

          (n)  Be responsible for the evaluation of personnel and programs in accordance with local school board policies;

 

          (o)  Be responsible for implementation of state board rules, which apply in the area of the superintendents jurisdiction;

 

          (p)  Be responsible for developing and recommending to the school board or boards within the school administrative unit an annual maintenance program and long-term capital improvement plan

 

          (q)  Be responsible for the implementation and recommendation to the school boards or boards within the school administrative unit a community relations and communications program; and

 

          (r)  Be responsible for the implementation and review of school district policies.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

PART Ed 303  DUTIES OF SCHOOL BOARDS

 

          Ed 303.01  Substantive Duties.  Each school board shall:

 

          (a)  Adopt policies necessary and desirable to control and effectuate the recruitment, employment, evaluation and dismissal of teachers and other employees and may delegate authority to the superintendent of schools to carry out the provisions of such policies provided that no teacher shall be employed who is not certified or who has not been nominated by the superintendent of schools and elected by the school board;

 

          (b)  Adopt policies necessary and desirable to control and effectuate the purchase of equipment, supplies, or services and may delegate to the superintendent of schools the authority to make financial commitments in accordance with such policy;

 

          (c)  Provide, through documented planning and public meetings and quorum votes, accommodation for all pupils in approved schools or other facilities in accordance with state law;

 

          (d)  Provide required transportation of students consistent with these rules and provide that all school buildings and other learning environments be maintained in a manner consistent with standards of health and safety as required by these rules;

 

          (e)  Prepare an annual budget in accordance with RSA 32 and comply with all federal and state laws and rules;

 

          (f)  Hold meetings for the transaction of business at least once in 2 months and require the attendance of the superintendent or designee. The board shall cause a written record to be kept of each meeting in accordance with RSA 91-A;

 

          (g)  In consultation with the superintendent and in accordance with statutes and rules of the state board of education, determine the educational goals of the district, develop long-range plans and identify measurable and attainable short-term objectives.  The school board shall require the implementation of educational programs designed to reflect the goals and objectives and, further, the school board shall review such programs and make public the results of such investigation;

 

          (h)  Exercise all powers and perform all duties vested in and imposed upon the school board by law or rules of the state board;

 

          (i)  Adopt a rule to ensure that there shall be no unlawful discrimination on the basis of sex, race, age, creed, color, marital status, national origin, or disability in educational programs or activities consistent with local standards which may be stricter in specific areas than the broader statewide standards;

 

          (j)  Establish a policy on sexual harassment, written in age appropriate language and published and available in written form to all those who must comply, which includes, at a minimum, the elements specified below:

 

(1)  A statement that sexual harassment is against the law and against school district policy;

 

(2)  A definition of sexual harassment with examples of actions that might constitute sexual harassment;

 

(3)  The names and roles of all persons involved in implementing the procedures;

 

(4)  A description of the process so all parties know what to expect, including time frames and deadlines for investigation and resolution of complaints;

 

(5)  A prohibition against retaliation toward anyone involved in a complaint;

 

(6)  A description of possible penalties including termination;

 

(7)  A requirement that a written factual report be produced regardless of the outcome of the investigation;

 

(8)  At least one level of appeal of the investigators recommendation; and

 

(9)  A clear statement that someone can bypass the internal process and proceed directly to the New Hampshire commission on human rights, with address and phone number, or office of civil rights, with address and phone number; and

 

          (k)  Annually evaluate the superintendent based on written criteria established by the school board (s)/SAU board.

 

          (l)  Adopt a teacher performance evaluation system, with the involvement of teachers and principals, for use in the school district, pursuant to RSA 189:1-a,III.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

PART Ed 304  DUTIES OF SCHOOL PRINCIPALS

 

          Ed 304.01  Substantive Duties; School Principals and Associate Principals.

 

          (a)  The school principal shall promote the success of all students consistent with a vision for learning that is shared and supported by the community, school board, and superintendent of schools by:

 

(1)  Facilitating the development, articulation, implementation, and stewardship of best practices for pupils in elementary and secondary education;

 

(2)  Advocating, nurturing, and sustaining a school culture and instructional program conducive to student learning and staff professional growth;

 

(3)  Ensuring management of the organization, operations, and resources for a safe, efficient, and effective learning environment;

 

(4)  Collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources; and

 

(5)  Having the knowledge and skills to promote the success of all students by understanding the larger political, social, economic, legal, and cultural contexts.

 

          (b)  The school principal shall evaluate and make recommendations to the superintendent concerning candidates for professional and nonprofessional positions within the school administrative unit in accordance with local school board policy, or as directed by the superintendent.

 

          (c)  The school principal shall assign, direct, and be responsible for the evaluation of all personnel employed in the school in accordance with local school board policy, administrative rules, and as directed by the superintendent.

 

          (d)  The school principal shall perform any duty assigned by the superintendent in accordance with local school board policy, state statutes, and rules of the state board of education.

 

          (e)  The school associate principal shall be responsible for assisting and supporting the school principal in promoting the success of all students as stated in the above duties.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

PART Ed 305  SCHOOL BUILDING CONSTRUCTION - (See Ed 321)

 

Statutory Authority:  RSA 198:15, 198:15-c

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04 (moved to Ed 321)

 

PART Ed 306  MINIMUM STANDARDS FOR PUBLIC SCHOOL APPROVAL

 

REVISION NOTE #1:

 

          Document #10870, effective 6-29-15, was filed as an emergency rule and readopted with amendments or repealed various rules as follows in Ed 306 on minimum standards for public school approval:

 

Readopted with amendment                        Repealed

 

Ed 306.31 Arts Education Program.             Ed 306.311 Arts Education Program, July 1, 2015.

Ed 306.37 English/Language Arts and         Ed 306.371 English/Language Arts and

     Reading Program.                                        and Reading Program, July 1, 2015.

Ed 306.40 Health Education Program.         Ed 306.401 Health and Wellness Education

                                                                                    Program, July 1, 2015.

Ed 306.41 Physical Education Program.       Ed 306.411 Physical Education Program,

                                                                                    July 1, 2015.

Ed 306.42 Information and Communi-         Ed 406.421 Information and Communication

                 cation Technologies Program.                       Technologies Program, July 1, 2015.

Ed 306.43 Mathematics Program.                Ed 306.431 Mathematics Program, July 1, 2015.

Ed 306.45 Science Education Program.        Ed 306.451 Science Education Program,

                                                                                    July 1, 2015.

Ed 306.46 Social Studies Program.              Ed 306.461 Social Studies Program, July 1, 2015.

Ed 306.47 Technology/Engineering             Ed 306.471 Technology/Pre-engineering Education

                 Education Program.                                      Program, July 1, 2015.

Ed 306.48 World Languages Program.         Ed 306.481 World Languages Program,

                                                                                    July 1, 2015.

 

          The affected rules had been filed previously under Document #10556, effective 3-27-14.  The rules readopted with amendment by Document #10870 previously had an applicability clause that stated that the rules shall apply until July 1, 2015, and the amendment in Document #10870 deleted that clause.  The rules repealed by Document #10870 had provisions requiring compliance by July 1, 2015, conditioned on legislative approval.  The condition did not occur, so the rules were repealed.

 

          Pursuant to RSA 541-A:18, I, the emergency rule filed under Document #10870 expired on 12-26-15 because it had not been superseded by the filing of another Document before that date.  Upon expiration of the emergency rule, pursuant to RSA 541-A:18, V, the former rules filed under Document #10556 became effective again in their original form since they were the effective rules which had been amended and repealed by the emergency rule in Document #10870.

 

          Document #11020, effective 1-8-16, readopted with amendments or repealed the various rules in Ed 306, as listed in the table above, which had been filed under Document # 10556 and had become effective again due to the expiration on 12-26-15 of the emergency rule in Document #10870.  Document #11020 restored as a regular rule the amendments and repeals in the emergency rule in Document #10870.

 

REVISION NOTE #2:

 

          Document #12845, effective 8-9-19, amended, repealed, and readopted with amendments various existing rules in Ed 306 and adopted Ed 306.44 titled “Computer Science Education.”   One of the existing rules amended was Ed 306.42 titled “Information and Communication Technologies Program” which was also retitled “Digital Literacy Program”.

 

          The 2 existing rules repealed by Document #12845 were Ed 306.14 titled “Basic Instructional Standards” and Ed 306.26 titled “Kindergarten-Grade 8 School Curriculum”.  The repealed Ed 306.14 had applied until July 1, 2015, and the repealed Ed 306.26 had applied until July 1, 2017.  Document #12845 also readopted with amendment and renumbered the existing Ed 306.141 titled “Basic Instructional Standards, July 1, 2015” as Ed 306.14 titled “Basic Instructional Standards” and readopted with amendment and renumbered the existing Ed 306.261 titled “Kindergarten-Grade 8 School Curriculum, July 1, 2017” as Ed 306.26 titled “Kindergarten-Grade 8 School Curriculum”.  Both Ed 306.141 and Ed 306.261 had been adopted by Document #10556, effective 3-27-14.

 

          Document #12845 replaced all prior filings affecting the former Ed 306.14, Ed 306.141, Ed 306.26, and Ed 306.261.  The prior filings affecting the former Ed 306.14 and former Ed 306.26 included the following documents:

 

            #5546, effective 7-1-93

            #6366, effective 10-30-96, EXPIRED 10-30-04

            #8206, INTERIM, effective 11-18-04, EXPIRED 5-17-05

            #8354, effective 7-1-05

            #10556, effective 3-27-14

 

          Ed 306.14 and Ed 306.26 filed under Document #8354 did not expire on 7-1-13 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10556, effective 3-27-14.

 

REVISION NOTE #3:

 

          Document #13356, effective 3-23-22, readopted with amendment Ed 306.18 titled “School Year” and Ed 306.22 titled “Distance Education.”  Document #13356 replaces all prior filings affecting Ed 306.18 and Ed 306.22.

 

          The prior filings affecting Ed 306.18 after Document #10556, effective 3-27-14, and before Document #13356 are indicated in the source note for Ed 306.18 and include the following documents:

 

#12814, effective 6-5-19, which amended Ed 306.18(c) on setting of the high school  graduation date;

 

#13001, effective 3-12-20, EMERGENCY RULE, EXPIRED 9-8-20, which amended Ed 306.18(a)(7) to allow a school district to conduct instruction remotely.  Pursuant to RSA 541-A:18, V, the text of Ed 306.18(a)(7) would have reverted to that in Document #10056.  But before the emergency rule expired, Exhibit P of the Governor’s Emergency Order #29, effective 8-13-20, modified Ed 306.18(a)(7) pursuant to the State of Emergency declared in Executive Order 2020-04 and remained in effect for the duration of the State of Emergency until it ended at midnight on 6-11-21.  Ed 306.18(a)(7) in Document #10056 then became the valid text of the rule again; and

 

#13245, effective 7-29-21, which amended Ed 306.18(a)(7) and allowed distance education as defined in Ed 306.22.

 

The prior filing affecting Ed 306.22 after Document #10556, effective 3-27-14, and before Document #13356, was Document #13245, effective 7-29-21, as indicated in the source note for Ed 306.22.  But prior to Document #13245, Exhibit P of the Governor’s Emergency Order #29, effective 8-13-20, had temporarily modified Ed 306.22 in its entirety pursuant to the State of Emergency declared in Executive Order 2020-04.  The modified Ed 306.22 remained in effect for the duration of the State of Emergency until it ended at midnight on 6-11-21, and Ed 306.22 in Document #10056 then became the valid text of the rule again until replaced by Document #13245, effective 7-29-21. 

 

          Ed 306.01  Applicability.  In order to be an approved school, public schools, and public academies shall meet the applicable criteria established in these standards:

 

          (a)  Except as provided in (b) below, a public school shall be approved as an elementary school if it contains any of the grades kindergarten through 8 and meets the rules applicable to all schools and to each elementary school;

 

          (b)  As determined by vote of the local school board, any combination of the grades 4 through 8 may be organized as a public middle school, and so approved if it meets the rules applicable to all middle schools; and

 

          (c)  A public school or a public academy shall be approved as a high school if it contains any of the grades 9 through 12 and meets the rules applicable to all schools and to each high school.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; amd by #5107, eff 4-2-91; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556,

 

          Ed 306.02  Definitions.  Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

 

          (a) “Acknowledgement of achievement” means when a student has demonstrated achievement of district competencies and or graduation competencies consistent with RSA 193-C:3;

 

          (b)  “Career and technical education” means organized educational activities that:

 

(1)  Offer a sequence of courses that:

 

a. Provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions;

 

b.  Provides technical skill proficiency, an industry-recognized credential, a certificate, or an associates degree; and

 

c.  Might include prerequisite courses, other than a remedial course; and

 

(2)  Include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual;

 

(c)  “College and career readiness” means alignment with the knowledge, skills, and work-study practices students will need to enter and succeed in postsecondary opportunities – whether college or career;

 

(d)  “Competencies” means student learning targets that represent key content-specific concepts, skills, and knowledge applied within or across content domains.  Specific and required types of competencies include district competencies and graduation competencies;

 

(e)  “Credit” means the record keeping structure that is awarded to a student who demonstrated achievement of graduation competencies organized around the specific credit;

 

          (f)  “Department” means the New Hampshire department of education;

 

          (g)  “District competencies” mean specific types of competencies that are common across the district and organized in developmental progressions that lead to achievement of graduation competencies;

 

          (h) “Educator” means any professional employee of any school district whose position requires certification by the state board pursuant to RSA 189:39. The term includes administrators, specialists, and teachers;

 

          (i)  “Extended learning” means the primary acquisition of knowledge and skills through instruction or study outside of the traditional classroom methodology, including, but not limited, to:

 

(1)  Independent study;

 

(2)  Private instruction;

 

(3)  Performing groups;

 

(4)  Internships;

 

(5)  Community service;

 

(6)  Apprenticeships; and

 

(7)  Online courses;

 

          (j)  “Graduation competencies” means specific types of competencies that are common across the district and define learning expectations for each student for graduation from high school;

 

          (k)  “Instructional time” means the period of time during which pupils are actively working toward achieving educational objectives under the supervision of an educator or other staff member;

 

          (l)  “Mastery” means a high level of demonstrated proficiency with regard to a competency;

 

          (m) “Nutrient dense foods” means those foods that provide substantial amounts of vitamins and minerals and relatively fewer calories as identified and defined by 7 CFR Part 210.10;

 

          (n)  “Nutrient density of foods” means the amount of a specific nutrient in a food per 100 calories of that food as defined in 7 CFR Part 210.11;

 

          (o)  “Nutrient targets” means the specific number and types of food that a student selects. The targets are the scientific bases of the standards for menu planning.  Targets provide the foundation for setting meal requirements which encompass meal patterns and other specifications for school menu planning purposes;

 

          (p)  “Personalized learning” means a process which connects learning with learner’s interests, talents, passions, and aspirations including actively participating in the design and implementation of their learning;

 

          (q)  “Portion size” means the amount of food that will ensure each serving will be the appropriate size and that a recipe will produce the expected number of servings; and

 

          (r)  “Work study practices” means those behaviors that enhance learning achievement and promote a positive work ethic such as, but not limited to, listening and following directions, accepting responsibility, staying on task, completing work accurately, managing time wisely, showing initiative, and being cooperative.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; amd by #5107, eff 4-2-91; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11;

 

          Ed 306.03  Statutory and Policy Requirements.

 

          (a)  The local school board shall be responsible for obtaining an up-to-date copy of state education laws, one copy of which shall be distributed free of charge to each school administrative unit by the department, and maintaining an up-to-date copy of the rules of the board in the New Hampshire Code of Administrative Rules.

 

          (b)  In order for a school to be an approved school under these rules, the school board shall comply with all applicable laws and rules set forth in the publications enumerated in (a) above.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

         Ed 306.04  Policy Development.

 

         (a)  In accordance with Ed 303.01, the local school board shall adopt and implement written policies and procedures relative to:

 

(1)  Absenteeism and attendance;

 

(2)  Promoting school safety;

 

(3)  Discipline;

 

(4)  Records retention, including electronic files;

 

(5)  Character and citizenship;

 

(6)  Meeting the instructional needs of each individual student;

 

(7)  Student hazing;

 

(8)  Student harassment, including bullying, as required by RSA 193-F;

 

(9)  Sexual harassment, as detailed in Ed 303.01(j) and (k);

 

(10)  Reporting of suspected abuse or neglect;

 

(11)  Promotion of a school environment that is conducive to learning and supports strong family and community partnerships;

 

(12)  Distance education, if the district chooses to offer distance education as provided in Ed 306.22;

 

(13)  Providing alternative means of earning credit toward a high school diploma or equivalent such as extended learning opportunities, and distance education to meet the requirements of RSA 193:1, (h) until July 1, 2015;

 

(14) Providing alternative means of demonstrating achievement of identified graduation competencies toward the awarding of a credit for a high school diploma or equivalent such as extended learning opportunities, career and technical education courses, and distance education no later than July 1, 2015 to meet the requirements of RSA 193:1, (h);

 

(15)  How a credit can be earned, as provided in Ed 306.27(e) until July 1, 2015;

 

(16)  How a credit used to track achievement of graduation competencies can be earned no later than July 1, 2015, as provided in Ed 306.27(e);

 

(17)  Recommending developmentally appropriate daily physical activity and exercise;

 

(18)  Behavior management and intervention for students;

 

(19)  Homeless students;

 

(20)  Wellness as required by Section 204 of the federal Child Nutrition and WIC 42 USC 1751;

 

(21)  Providing immediate and adequate emergency care for students and school personnel who sustain injury or illness during school hours or during scheduled school activities;

 

(22)  Meeting the special physical health needs of students;

 

(23)  Supporting the availability and distribution of healthy foods and beverages that create a healthy environment in all schools throughout all school buildings during the school day;

 

(24)  Air quality in school buildings as required by RSA 200:48;

 

(25)  Graduation competencies consistent with RSA 193-C:3 that students are expected to demonstrate for graduation in content areas as follows;

 

a.  Arts education;

 

b.  Digital literacy;

 

c.  English;

 

d. Mathematics that encompasses algebra, mathematical modeling, statistics and probability, complex applications of measurement, applied geometry, graphical presentation and interpretation, statistics and data analysis;

 

e.  Physical sciences;

 

f.  Biological sciences;

 

g.  US and NH History;

 

h.  US and NH government/civics;

 

i.  Economics, including personal finance;

 

j.  World history, global studies, or geography;

 

k.  Health education; and

 

l.  Physical education; and

 

(26)  Graduation competencies consistent with RSA 193-C:3 that students are expected to demonstrate for graduation no later than July 1, 2015, that encompass multiple content areas outlining the knowledge, skills and work-study practices necessary for success in colleges and careers.

 

         (b)  The policies and procedures required by (a) above shall apply to each school except that (13)-(16), (25) and (26) shall not apply to elementary or middle schools.

 

         (c)  The policy relative to absenteeism and attendance shall specify procedures for the accountability and supervision of students.  The policy relative to absenteeism shall not penalize students who miss class or a required school event because of a school scheduling conflict.  Districts shall implement a cooperative approach which places responsibility for notification when a student is tardy, absent, or dismissed on both the parents/guardians and the school.

 

         (d)  The policy relative to promoting school safety shall require school administrators to implement procedures which relate to safe practices:

 

(1)  On school buses and on the school grounds, including playgrounds;

 

(2)  During authorized school activities, such as field trips;

 

(3)  Within the school building, including classrooms and laboratories;

 

(4)  Off school grounds during school-sanctioned activities, including, but not limited to, work-based learning and internships;

 

(5)  In the use of online resources; and

 

(6) In managing the behavior of children including, describing how and under what circumstances restraint shall be used pursuant to RSA 126-U.

 

         (e)  Educators shall be required to know and implement the appropriate safety practices and procedures applicable to their assigned areas of responsibility and to include safety instruction in all applicable programs offered by the school.

 

         (f)  The policy relative to student discipline shall:

 

(1)  Include provisions regarding:

 

a.  Student rights and responsibilities;

 

b.  Rules of conduct; and

 

c.  Penalties for misbehavior;

 

(2)  Be written in age-appropriate language;

 

(3)  Be disseminated to parents and guardians; and

 

(4)  Be available in written or oral form for students, parents, and guardians for whom English is a second language, whenever practical.

 

         (g)  The local school board shall review with the superintendent or chief administering officer the conditions and methods for suspension and expulsion of students developed and implemented by the superintendent or chief administering officer and the local school board in accordance with RSA 193:13.  The superintendent, chief administering officer, or designee shall keep students, parents, educators, and all other school personnel informed about school rules. Such information shall be readily available.

 

         (h)  The policy relative to records retention, including electronic files, disposition, and access shall require that complete and accurate records of students' attendance and scholarship be permanently kept and safely stored in a fire-resistant file, vault, or safe.  A schedule for the retention and disposition of original records and information shall be established in accordance with RSA 189:29-a.  Access to all student records and information shall be controlled by written procedures designed to protect individual rights and to preserve the confidential nature of the various types of records in compliance with the federal "Family Educational Rights and Privacy Act," 20 U.S.C.§1232g, and RSA 91-A, Access to Public Records.

 

         (i)  The policy relative to character and citizenship development shall:

 

(1)  Include those elements of character and citizenship to be incorporated in courses of study or instilled, by example, in a caring educational environment, including but not limited to:

 

a.  Self-discipline, self-respect, and self-control;

 

b.  Pursuant to Part 2, Article 83 of the New Hampshire Constitution, humanity, benevolence, and truth and honesty with self and others;

 

c.  Fairness, integrity, and justice;

 

d.  Respect, courtesy, and human worth;

 

e.  Responsibility to oneself and others;

 

f.  Community service; and

 

g.  Pursuant to RSA 186:13, the rights and responsibilities of citizenship; and

 

(2) Be developed in consultation with school staff, administration, parents, and other representatives of the community.

 

         (j)  The policy relative to meeting the instructional needs of each student shall require administrators and educators to consider students' differing talents, interests, and development when planning the educational programs specified in Ed 306.

 

         (k)  The policy relative to partnerships among schools, families, and communities shall comply with the following standards:

 

(1)  Schools shall strive to involve parents and family members of students of all ages and learning levels;

 

(2)  Schools shall provide parent educational activities throughout the school year to help parents support their children’s learning;

 

(3)  Schools shall frequently communicate school performance, student progress, personalized learning strategies as adopted by the local school board and in accordance with district and graduation competencies, and academic opportunities, using both print and online formats;

 

(4)  Schools shall work with agencies and businesses to support community-based developmental activities that prepare young children for school and promote ongoing achievement;

 

(5)  Schools shall promote collaboration among parents, schools, and community on school improvement and student achievement projects;

 

(6)  Schools shall strive to harness all available community resources, including but not limited to organizations, businesses, talented individuals, natural resources, and technology, to engage each student in achieving necessary skills and knowledge; and

 

(7)  Schools shall encourage business partnerships to assist students in the successful transition to employment or further education.

 

         (l)  The policy relative to developmentally appropriate daily physical activity pursuant to Ed 310 shall recommend that all pupils participate in developmentally appropriate daily physical activity, exercise, or physical education as a way to minimize the health risks created by chronic inactivity, childhood obesity, and other related health problems.  The developmentally appropriate daily physical activity policy shall be in addition to and shall not replace the physical education program requirement in Ed 306.41.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14; ss by #12845, eff 8-9-19; amd by #12845, eff 8-9-19 (See Revision NOTE #2 at part heading for Ed 306)

 

          Ed 306.05  School Philosophy, Goals, and Objectives.  The local school board shall direct each school in its district to adopt a written philosophy and a statement of goals and objectives consistent with the rules of the state board of education.  Provisions shall be made for the review of the philosophy, goals, and objectives at least every 5 years.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.06  Culture and Climate.

 

          (a)  The school policies adopted by the local school board shall reflect:

 

(1)  The acknowledgement of diversity and respect for differences;

 

(2)  Shared ownership and responsibility for the success of the school among students, their families, and the community;

 

(3)  Student leadership through involvement in decision-making; and

 

(4)  Respectful use of language and behavior by all school members that is void of ethnic, racial, and sexual stereotypes and biases.

 

          (b)  The school administration and staff shall:

 

(1)  Review ways in which equity gaps in achievement can be reduced and barriers to learning can be eliminated; and

 

(2) Work together to establish a fair and equitable code of discipline that is fairly and consistently implemented which supports students’ understanding of the importance of norms, rules, and expectations for behavior.

 

          (c)  The school administration shall provide professional development opportunities directed at understanding the policies and reporting requirements that support a safe and healthy school environment.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96; amd by #7512, eff 7-1-01; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.07  School Facilities.  The local school board shall:

 

          (a)  Require that the facilities for each school provide the following:

 

(1)  Consistent with RSA 189:24, a clean, healthy, and safe learning environment for all areas of the school building, grounds, and school-related activities;

 

(2)  Lighting in compliance with the state building code as provided in RSA 155-A;

 

(3)  Exhaust and outdoor air ventilation, proper temperature and humidity conditions in compliance with the state building code as provided in RSA 155-A; and

 

(4)  Policy and procedures to comply with RSA 200:48 to minimize pollution caused by idling motor vehicles and an annual evaluation of potential causes of poor indoor air quality utilizing a checklist provided by the department; and

 

          (b)  With regard to school facilities:

 

(1)  Customize classrooms and other school-related environments to the needs of different content areas.  Any lack of specialized spaces for arts, science, technology education and similar requirements shall be addressed as part of the next construction project at the school that receives school building aid under RSA 198:15-a;

 

(2)  Provide for accessibility for students with disabilities;

 

(3)  Demonstrate compliance with Saf-C 6000 through completion of a life safety inspection by the local fire department or other authority having jurisdiction as required by RSA 153:14;

 

(4) Document compliance with regulations relating to school building, sanitation, sewage disposal, water supply, and other matter affecting public health through inspection by the local health officer, other authority having jurisdiction, or an individual, if no municipal officer is available  who has received a master’s degree in public health; and

 

(5)  Demonstrate compliance for all furniture and electrical appliances approved by the school administration and comply with requirements of the state fire code, Saf-C 6000.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.08  Instructional Resources.

 

          (a)  The local school board shall require that each school:

 

(1)  Provides a developmentally appropriate collection of instructional resources, including online and print materials, equipment, and instructional technologies, that shall be current, comprehensive, and necessary to support the curriculum as well as the instructional needs of the total school population;

 

(2)  Provides that instructional resources are, as appropriate:

 

a.  Catalogued and classified according to practices accepted by the American Library Association as specified in the Anglo-American Cataloguing Rules, Second Edition (AACR2), 2005 update as referenced in Appendix II;

 

b.  Organized to make them accessible to students and staff;

 

c.  Managed through circulation policies and procedures that are designed to maximize the use of the resources; and

 

d.  Utilize community resources;

 

(3)  Provides instructional resources to all students and staff from designated space(s) in each school, including:

 

a.  Ready access to instructional resources, including those available online or through interlibrary loan;

 

b.  Instruction in:

 

1.  Accessing information efficiently and effectively;

 

2.  Evaluating information and sources critically and competently;

 

3.  Citing sources and not plagiarizing;

 

4.  Using information accurately and creatively;

 

5.  Pursuing information related to personal interests;

 

6.  Appreciating literature and other creative expressions of information;

 

7.  Striving for excellence in information-seeking and knowledge generation;

 

8.  Recognizing the importance of information to a democratic society;

 

9.  Practicing ethical behavior in regard to information and information technology; and

 

10.  Participating effectively in groups to pursue and generate information; and

 

c.  Activities to promote the development of reading, viewing, and listening skills; and

 

(4)  Implements a written plan for the ongoing development, organization, acquisition, maintenance, replacement, and updating of instructional resources necessary to support the needs of the user population and the curriculum.

 

          (b)  At a minimum, the plan implemented under (a)(4) above shall:

 

(1)  Provide an analysis and assessment of the present instructional resources based on:

 

a.  The needs of the user population and the curriculum;

 

b.  Accessibility of instructional resources to all students and staff;

 

c.  Strengths and weaknesses of the present instructional resources; and

 

d.  Resources available within the district, the local community, and beyond;

 

(2)  Reflect developing instructional technologies; and

 

(3) Establish priorities, criteria, timelines, and procedures for the selection, acquisition, maintenance, and replacement of instructional resources which shall include but not be limited to:

 

a.  Online materials;

 

b.  Print materials;

 

c.  Equipment; and

 

d.  Instructional technologies.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.09  Custodial and Maintenance Services.

 

          (a)  The local school board shall provide for each school such custodial services as are necessary to ensure a clean, sanitary, and safe physical plant and grounds.  The school plant shall be cleaned on a daily basis when school is in session. School repairs and maintenance shall be performed on a regular basis.

 

          (b)  All school staff, including custodians, maintenance workers, food service workers, educators, support staff, and administrators shall receive training on their roles in maintaining clean, healthy school facilities and the importance of  quality indoor air; and

 

          (c)  Schools shall minimize the use of toxic chemicals for cleaning and pest control.  Staff shall not be permitted to bring cleaning products or pesticides into a school without approval from the school administration.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.10  Administrative Support Services.  The local school board shall provide for each school staff to maintain all school records in accordance with local policy, state laws and rules, and federal laws and regulations.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.11  Food and Nutrition Services.

 

          (a)  The local school board shall:

 

(1)  Require that each school makes a meal available during school hours to every student under its jurisdiction, in accordance with RSA 189:11-a, I-II;

 

(2)  Provide a qualified individual, such as, but not limited to, a school nutrition/food service director, to oversee the operation of school meals, to maintain proper resources that meet state and federal regulations, and maintain state health requirements for each school site within the district; and

 

(3)  Require that each newly-constructed school or renovated kitchen or cafeteria provide space for the preparation and consumption of meals in compliance with Ed 321.12(d).

 

          (b)  All food service employees shall, within their first year of employment, obtain a certificate of completion for an approved sanitation course.

 

          (c)  If a school nutrition/food service director is employed, each food service director shall, whenever feasible, obtain certification or credentials from an approved program, including but not limited to School Nutrition Association (SNA) certification, within the first 5 years of employment.

 

          (d)  Students shall be provided with an adequate time to consume meals in each elementary school in accordance with the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265).

 

          (e)  Students shall be provided with an adequate time to consume meals in each middle and high school in accordance with the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265).

 

          (f)  If a waiver is granted pursuant to (a)(1) above due to inadequate space, the school district shall make provisions in the next school physical plant expansion provisions to house a food service preparation and consumption area that is in compliance with Ed 321.12(d).

 

          (g)  The policy relative to distribution of healthy foods and beverages that create a healthy environment required by Ed 306.04(a)(21) shall include:

 

(1)  Standards for nutrient dense foods and beverages for learning level needs of elementary, middle and high school as identified and defined by 7CFR Part 210.10;

 

(2)  Portion size for nutrient dense foods and beverages in schools which support the framework for healthier food choices in all school environments;

 

(3)  Nutrition targets for foods and beverages made available outside the federally regulated school meals program.  The targets shall follow those developed by a nationally recognized research-based organization, such as but not limited to USDA, or as determined by the department to have standards equivalent to the USDA;

 

(4)  Developmentally appropriate opportunities to learn food preparation skills that support nationally recognized research-based nutrition standards; and

 

(5)  Annual communication information about the policy and procedure and related curricula to the school community, including, but not limited to school staff, school board, parents and students.

 

          (h)  Any school in (g)(3) choosing a standard for foods available at school which is not consistent with the USDA standard for Child Nutrition Programs, shall request a waiver from the bureau of nutrition programs and services.  The bureau shall evaluate the alternative standards and shall grant the waiver if the alternative standards are determined to be equivalent to the nutrition standards of 7 CFR Part 210.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.12  School Health Services.

 

          (a)  In accordance with federal and state law, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA), Section 504 of the Rehabilitation Act of 1973, RSA 141-C, RSA 169-C, RSA 200:26-41, and RSA 326-B, the local school board shall require that each school provides qualified personnel to carry out appropriate school health-related activities.

 

          (b)  Each school nurse employed by a school district shall hold a current license as a registered nurse under RSA 326-B and a current school nurse certificate under Ed 504.07, Ed 504.08 or Ed 504.09.  Each registered nurse, licensed practical nurse or licensed nursing assistant employed by a school district shall hold such current license under RSA 326-B.  If a school nurse or licensed practical nurse is not available to a school for any reason, at least one other person who has a current first aid and cardiopulmonary resuscitation certification (CPR) certification shall be available.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10047, eff 12-17-11; ss by #10556, eff 3-27-14; ss by #12418, eff 11-14-17

 

          Ed 306.13  Reserved

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #2787, eff 7-31-84; ss by #4851, eff 6-25-90; ss by #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; rpld by #10556, eff 3-27-14

 

          Ed 306.14  Basic Instructional Standards.

 

          (a)  The local school board shall require that each school has an instructional program which includes the following:

 

(1)  A policy on homework, including its relationship to the grading system;

 

(2) An organized plan for recording student progress in meeting district and graduation competencies in alignment with RSA 193-C:3;

 

(3)  A policy for promoting students from one learning level to another based on achievement of district competencies in alignment with RSA 193-C:3;

 

(4)  Instructional materials and resources matched to the appropriate skill levels of students;

 

(5)  A policy that outlines how digital literacy will be integrated in a developmentally appropriate manner across grades 1-12 instruction, and how the district or graduation competencies associated with digital literacy will be assessed either alone or in combination with other district or graduation competencies and assessments;

 

(6)  A policy outlining how students will demonstrate achievement of district and graduation competencies including the awarding of credit for required subjects and open electives;

 

(7)  A policy encouraging students to pursue and demonstrate advanced course work, including advanced placement courses in high school, dual enrollment in college courses; and

 

(8)  A policy encouraging students to have a plan for summer activities that support student learning.

 

(b)  The instructional program shall enable students to demonstrate achievement of graduation competencies in alignment with RSA 193-C:3.

 

Source.  (See Revision Note #2 at part heading for Ed 306) #12845, eff 8-9-19

 

          Ed 306.15  Provision of Staff and Staff Qualifications.

 

          (a)  To carry out the educational program established by these rules and local school board policy, the local school board shall require that each school provides:

 

(1)  The services of a certified principal, a certified library media specialist, and a certified guidance counselor(s);

 

(2)  For the hiring and training of educators certified under Ed 500 to teach classes and or courses in their certified content area;

 

(3)  In each elementary school, the services of a reading specialist and library media specialist to facilitate the delivery of the language arts and reading program established in Ed 306.37(a);

 

(4) In each middle and high school, a library media specialist to support the instructional resources program and facility requirements of Ed 306.08; and

 

(5)  Educators, including art, music, health, and physical education teachers, in accordance with class size requirements in Ed 306.17.

 

          (b)  The local school board shall require that in carrying out the school counseling program established by Ed 306.39:

 

(1)  The counseling load in each elementary school shall not exceed the equivalent of one full-time certified school counselor per 500 students enrolled;

 

(2)  The counseling load in each middle school and each high school shall not exceed the equivalent of one full-time certified school counselor per 300 students enrolled;

 

(3)  High schools with more than 4 school counselors shall provide a high school level certified director of school counseling to coordinate the implementation of the school counseling program plan and policy, unless (4) below applies; and

 

(4)  District level certified directors of school counseling to coordinate K-12 implementation of the school counseling program plan and policy shall be provided in districts where the number of school counselors across all schools exceeds 10.

 

          (c)  The local school board shall require that each school with an enrollment of 500 or more students provides the services of an associate principal or 2 or more persons with administrative certification under Ed 506 who together act as a full-time equivalent to carry out administrative duties assigned by the superintendent in accordance with local school board policy.

 

          (d)  The local school board may provide for each school the services of additional staff to facilitate the use of the instructional resources described in Ed 306.08 and the technological resources needed to facilitate the digital literacy program described in Ed 306.42.

 

          (e)  Pursuant to RSA 189:24, and in accordance with Ed 500 and Ed 600, the local school board shall require that each professional staff member is certified for assignment by the department.

 

          (f)  In accordance with Ed 509, the local school board shall require that each professional staff member shall improve the content knowledge and teaching skills through participation in a local professional development plan.

 

          (g)  An educator with sufficient content knowledge as determined by the school principal may be given a minor assignment to teach in a program area in which he or she is not certified.  A minor assignment shall be less than fifty percent of the individual’s weekly work time and be reviewed on an annual basis to insure that the individual has the appropriate level of content knowledge.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14; amd by #12845, eff 8-9-19

 

          Ed 306.16  Professional Development.  In accordance with Ed 512:

 

          (a)  The local school board shall require:

 

(1)  That each professional and paraeducator staff member improves the content knowledge and teaching skills through participation in professional development activities as described in the district professional development master plan;

 

(2)  That the goals in the professional development master plan align with the district/school improvement goals;

 

(3)  That the professional development master plan guides each professional staff member’s individual professional development plan in its design, implementation, and evaluation; and

 

(4)  The regular assessment and evaluation of the needs, design, implementation, and impact on student learning of professional development activities and programs; and

 

          (b)  The school administration shall require that:

 

(1)  Each certified educator’s individual professional development plan required under Ed 512.03 is aligned with the professional development master plan;

 

(2)  The professional development activities included in the professional development master plan are designed to improve professional knowledge, as measured in its success in meeting students’ needs and improving students’ learning; and

 

(3)  The professional development activities included in the local professional development master plan under Ed 512.02(c)(7):

 

a.  Are:

 

1.  Student focused;

 

2.  Data driven;

 

3.  Research based;

 

4.  Intensive; and

 

5.  Sustained; and

 

b.  Include:

 

1.  Job-embedded activities;

 

2.  Research;

 

3.  Collaboration;

 

4.  Practice; and

 

5.  Reflection.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.17  Class Size.

 

          (a)  Class size for instructional purposes, in each school shall be:

 

(1)  Kindergarten – grade 2, 25 students or fewer per educator, provided that each school shall strive to achieve the class size of 20 students or fewer per educator;

 

(2)  Grades 3 – 5, 30 students or fewer per educator, provided that each school shall strive to achieve the class size of 25 students or fewer per educator; and

 

(3)  Middle and senior high school, 30 students or fewer per educator.

 

          (b)  These class size requirements may be exceeded for study halls, band and chorus, and other types of large group instruction, including but not limited to, lectures, combined group instruction, and showing of educational television and films.

 

          (c)  In the interest of safety, the maximum number of students in laboratory classes in such areas as science and career and technical education shall be determined by the number of work stations and the size and design of the area.  In no case shall the number of students in laboratory classes exceed 24.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96; amd by #7925, eff 7-24-03; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

Ed 306.18  School Year.

 

          (a)  Pursuant to RSA 189:1 and RSA 189:24, each school district shall maintain a school year  as provided below:

 

(1)  The school district shall maintain in each elementary school, a school year of at least 945 hours of instructional time and in each kindergarten at least 450 hours of instructional time;

 

(2)  The school district shall maintain in each middle and high school, a school year of at least 990 hours of instructional time.  Districts shall provide at least 990 hours of instructional time for grades 7 and 8 in elementary schools that include grades 7, or 8, or both;

 

(3)  The instructional school day of an individual student shall not exceed 5.75 hours of instructional time in elementary schools and 6 hours of instructional time in middle and high schools;

 

(4)  The school shall have in its school year an additional 60 hours in duration to provide for instructional time lost due to inclement weather or unexpected circumstances, staff development, and parent-teacher conferences.  At least 30 of the 60 additional hours shall be available for rescheduling hours lost due to inclement weather or other emergencies.  Schools shall use these additional hours to reschedule lost instructional time before requesting a waiver of the amount of instructional time under RSA 189:2, unless extraordinary circumstances exist that would place an unreasonable burden on the school or students such as, but not limited to, substantial building damage;

 

(5)  A school may have a shortened day when an emergency condition exists which might adversely affect the health and safety of students, provided that the number of hours of instructional time originally planned for the day shall be credited to the number of hours of instructional time in the school year, if:

 

a.  On that day, the school would normally have had at least 5.25 hours of instructional time; and

 

b.  The school remained open for at least 3.5 hours of instructional time;

 

(6)  There shall be no requirement to reschedule instructional time for kindergarten if morning or afternoon kindergarten sessions are cancelled due to delayed opening or early release for students in grade 1 or higher; and

 

(7)  Distance education conducted in accordance with Ed 306.22(c) shall count toward the required amount of instructional time.

 

          (b)  Lunch time, home room periods, passing time, and breaks shall not be counted toward the required amount of instructional time.  Elementary schools may count up to 30 minutes of recess per day as instructional time for pupils in kindergarten through grade 6.  Advisory periods in middle and high schools shall be counted as instructional time.

 

          (c)  The high school graduation date shall be set no more than 5 school days or 30 instructional hours before the end of the scheduled school year without consideration of making up lost time pursuant to Ed 306.18 (a)(4).

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10047, eff 12-17-11; ss by #10556, eff 3-27-14; amd by #12814, eff 6-15-19; amd by #13001, EMERGENCY RULE, eff 3-12-20, EXPIRED 9-8-20 in (a)(7); amd by #13245, eff 7-29-21; ss by #13356, eff 2-19-22 (See Revision Note #3 at part heading for Ed 306)

 

          Ed 306.19  School Calendar.  Each school shall maintain a school calendar.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

Ed 306.20  Career and Technical Education Programs.

 

(a)  Career and technical education programs (CTE), as defined in Ed 306.02(b), shall be available to meet specific educational, district and graduation requirements, as outlined below:

 

(1)  Every public high school shall be identified within a CTE region as established in accordance with RSA 188-E and Ed 1402, and shall be included in the regional agreement established pursuant to Ed 1402.01; and

 

(2)  Every public high school shall make students aware of programs available at the regional CTE center.

 

(b)  Receiving districts shall strive to make space available to every qualified student in the region who desires to participate in a program at the CTE center, in accordance with the formula for participation prescribed in, or as a result of, the respective regional agreement.

 

(c)  Every public high school student shall have access to programs at the regional CTE center subject to attainment of prerequisites and space availability within the program in a CTE center, and sending school budget restrictions.

 

(d)  Prerequisites shall include requirements to ensure:

 

(1)  Successful completion of the program of core technical competencies vetted by business and industry and postsecondary institutions;

 

(2)  Seamless transition into postsecondary institutions; and

 

(3)  Employment preparedness;

 

(e)  Prerequisites shall have a direct and necessary relationship to the CTE program.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; rpld by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.21  Alternative Programs.

 

          (a)  “Alternative program” means the regular delivery of the majority of a student’s instruction through classroom or other methods designed to address the needs of individual students or particular groups of students that might be different from the methods of instruction used by the standard schools of the district.

 

          (b)  An alternative program may be housed in the same facility as a standard school or at a different location.

 

          (c)  An alternative program shall be:

 

(1)  Designed to address the personalized needs of students, including, but not limited to, dropout prevention; and

 

(2)  Approved by the local school board in a plan that:

 

a.  States the goals of the program and curriculum to be provided;

 

b.  Specifies the procedures for assessing and implementing its program plan consistent with RSA 193-C:3, III;

 

c.  Specifies when the program would be offered, which may be at a time other than during the regular school day;

 

d.  Demonstrates how the alternative program will enable the participating students to achieve the same district and graduation competencies outlined for all students and consistent with RSA 193-C:3; and

 

e.  Explicitly detail how extended learning opportunities will be incorporated as a learning option for all students.

 

          (d)  Alternative programs for students with disabilities shall meet the requirements of Ed 1119.

 

          (e)  Prior to implementing an alternative program, a school administrative unit shall submit to the department the following:

 

(1)  A copy of the local school board’s approval, including the plan submitted;

 

(2)  The location of the alternative program; and

 

(3)  Copies of inspection reports from the municipal health officer and fire department if the alternative program is to be housed in a building other than an approved school.

 

          (f)  Each student participating in an alternative program shall participate in the state assessment exam, when applicable.

 

          (g)  Assignment of students to alternative programs shall be voluntary and shall require written approval from the parent or guardian.

 

          (h)  Staff assigned to alternative programs shall meet the same certification requirements as staff assigned to standard schools in accordance with Ed 306.15.

 

          (i)  Students in alternative programs shall be provided student services equivalent to those provided in standard schools including, but not limited to, food and nutrition services under Ed 306.11, health services under Ed 306.12, and guidance and counseling services under Ed 306.39.

 

          (j)  The school year for alternative programs shall meet the requirements of Ed 306.18.

 

          (k)  Alternative programs which result in the award of a high school diploma shall meet the requirements of Ed 306.27(q).

 

          (l)  Alternative programs which are supervised by the principal of a standard school shall be considered part of that standard school for reporting purposes under Ed 306.23, for assessment under Ed 306.24, and for school approval under Ed 306.28.

 

          (m)  Alternative programs which are supervised by a district level administrator shall be considered a separate school of the district for reporting purposes under Ed 306.23, for assessment under Ed 306.24, and for school approval under Ed 306.28.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.22  Distance Education.

 

          (a)  All students shall have access to full-year, full-day instruction, in-person as required in RSA 189:1 and RSA 189:24.  Distance education, as defined in Ed 306.22(b), shall not satisfy the requirement for in-person instruction except as conducted in accordance with 306.22(c).

 

          (b)  In this section, "distance education" means any instructional mode that is not in-person instruction including, but not limited to, correspondence, video-based, internet-based, online courses, remote instruction, or any combination thereof. The term distance education also includes hybrid instructional models that utilize elements of distance education and traditional instruction in any combination.

 

          (c)  Distance education may be offered only:

 

(1)  When inclement weather makes it unsafe to safely transport students to or from in-person instruction; or

 

(2)  As an option for a parent or guardian making a request for distance education.

 

          (d)  When the district offers distance education, the school board shall be responsible for the development of a policy for the governance and administration of distance education.

 

          (e)  If a student participating in distance education is not making educational progress, as determined by the district’s educational assessments, the option to participate in distance education may be rescinded by the district.

 

          (f)  A parent or guardian may appeal a district determination that a student is not making educational progress pursuant to the district’s educational assessments to the state board of education under Ed 200.

 

          (g)  A student shall remain in distance education until the conclusion of the appeal in (f) above.  If the state board of education upholds the district’s conclusion that the student is not making educational progress pursuant to the district’s educational assessments, the student shall immediately be disqualified from continued participation in the district’s distance education instruction.

 

          (h)  School districts may cooperate to share delivery of distance education.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96; amd by #7512, eff 7-1-01; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #13245, eff 7-29-21; ss by #13356, eff 2-19-22 (See Revision Note #3 at part heading for Ed 306)

 

          Ed 306.23  Statistical Reports; Accountability.

 

          (a)  Each school district shall establish a local education accountability system in order to collect data needed for evaluation of the district’s compliance with state and federal laws on school accountability.  The department shall integrate its accountability system with local accountability systems so as to allow for comparison and analysis of such data.

 

          (b)  Each district shall file statistical reports with the department as required under RSA 189:28.  A request from a district to the department for statistical data needed by a district for filing a statistical report shall be submitted to the department at least 60 days before the district’s report is due.

 

          (c)  Each school district required under RSA 193-H:4 to create a local education improvement plan shall file such a plan with the department within 90 days of being found to be in need of improvement under RSA 193-H:3.  The plan shall be aligned to meet state goals and student performance indicators.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96; amd by #7512, eff 7-1-01; amd by #7797, eff 11-28-02; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.24  Assessment.

 

          (a)  The local school board shall require that each school:

 

(1)  Provides for the ongoing assessment of  district and graduation competencies through the use of local assessments that are aligned with state and district content and performance standards as provided in (b) below;

 

(2)  Participates in the state-wide education improvement and assessment program as provided in (c) below;

 

(3)  Participates in the New Hampshire performance assessments;

 

(4)  When selected by the United States Department of Education, National Center for Education Statistics participates in the National Assessment of Education Progress (NAEP); and

 

(5)  Supports student development of individual student digital portfolios.

 

          (b)  The following elements shall be used as evidence by the department in determining whether a school complies with the requirements of (a) above:

 

(1)  The school has a process for the selection, use, and interpretation of local assessment instruments;

 

(2)  The school supports the authentic assessment of student learning outcomes through multiple formative and summative assessment instruments, including, but not limited to:

 

a.  Educator observation of  project-based learning, including off-site learning projects;

 

b.  Competency-based or performance based assessments;

 

c.  Educator observations of student performance; and

 

d.  Project evaluation rubrics used to evaluate program proficiencies applied to integrated curriculum assignments, extended learning opportunities, career and technical education opportunities, and out of school learning environments;

 

(3)  The school provides professional development for educators in the use of diagnostic tools to adjust instruction to meet personalized needs of students and to monitor progress; and

 

(4)  The school has a systematic process for collecting and analyzing assessment data to:

 

a.  Identify needs for improvement; and

 

b. Determine the effectiveness of educational programs in meeting student performance goals.

 

          (c)  Each school shall maintain the following as evidence of participation in the state-wide education improvement and assessment program established under RSA 193-C:

 

(1)  Written guidelines for the inclusion of and accommodations for student participation, including, but not limited to, inclusion of and accommodations for:

 

a.  Students in major racial and ethnic groups;

 

b.  Students with disabilities;

 

c.  Economically disadvantaged students; and

 

d.  Students with limited English proficiency;

 

(2)  Procedures for test security and the accurate inclusion of student data; and

 

(3)  Procedures by which assessment results are communicated to:

 

a.  Parents;

 

b.  Faculty; and

 

c.  The community.

 

          (d)  For programs at all K-12 levels, schools shall report the academic performance of all students on a regular basis by providing the following:

 

(1)  A summary of individual student performance to parents at least 3 times each year; and

 

(2)  The opportunity for parents to meet individually with each of their students’ teachers about their students’ performance at least once during each school year.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.25  Comprehensive School Psychological Services.

 

          (a)  If a district employs a school psychologist as an optional service pursuant to RSA 189:49, IV, the standards in (b)-(e) below shall apply. Nothing in this section shall prevent a school district from contracting services with a qualified school psychologist.

 

          (b)  Employing school districts shall require that school psychological services are provided by certified school psychologists in a coordinated, organized fashion, and are deployed in a manner that results in the provision of a comprehensive continuum of services. Comprehensive school psychological services shall be based on this section and The National Association of School Psychologists (NASP) Model for Comprehensive and Integrated School Psychological Services, published by NASP in 2010 as referenced in Appendix II.

 

          (c)  The school psychologist shall provide comprehensive psychological services throughout various learning environments to help children and youth develop academic, social, behavioral, and emotional competence through:

 

(1) Data-based decision making and accountability methods that use psycho-educational assessment results, data collection strategies, and technology resources to design and implement services and programs and to evaluate outcomes;

 

(2) Consultation, collaboration, and communication with educators, families, health care professionals including mental health, social services and other systems to promote effective and coordinated implementation of services;

 

(3)  Interventions and instructional supports to develop academic skills, incorporating available research and assessment data to develop and implement evidence based instructional strategies designed to support students’ cognitive and academic skills;

 

(4)  Interventions and mental health services to develop social and life skills in collaboration with others, using assessment and data collection methods to implement and evaluate developmentally appropriate services that support socialization, learning, and mental health;

 

(5)  School-wide practices to promote learning, developing and implementing evidence-based practices and strategies to create and maintain effective and supportive learning environments for children and others, including multi-tiered systems, to support students’ academic, social, emotional, and behavioral goals;

 

(6)  Preventative and responsive services employing theories and research related to resilience, risk factors, and multi-tiered prevention, to support evidence based strategies for effective counseling, crisis response, and behavioral intervention;

 

(7) Family-school collaboration services to facilitate and provide effective collaborative partnerships between families and schools that support children’s learning and mental health utilizing a strength-based, culturally sensitive approach;

 

(8)  Diversity in development and learning to provide professional services that promote effective functioning for individuals, families and schools with diverse characteristics, cultures and backgrounds, across multiple contexts;

 

(9)  Research and program evaluation to support educational decision-making and evaluate programs; and

 

(10)  Legal, ethical, and professional practice consistent with legal requirements and ethical and professional standards including the NASP Principles of Professional Ethics (2010) as referenced in Appendix II.

 

          (d)  School psychologists shall utilize assessment findings to diagnose educational and behavioral disorders and to facilitate educational treatment planning.

 

          (e)  Employing school districts shall ensure that an effective program of supervision and evaluation of school psychological services exists.  School psychologists in cooperation with their employing districts or agencies shall be responsible for the overall development, implementation and professional supervision of school psychological service programs.

 

          (f)  Professional supervision shall be available to all school psychologists to an extent sufficient to ensure the provision of effective and accountable services.  Beginning school psychologists in their first year of employment as a school psychologist shall receive a minimum of one hour of face-to-face supervision contact per week. Supervisors shall meet Ed 500 requirements for certification as a school psychologist and have at least 3 years of professional experience as a school psychologist in a school system.

 

          (g)  Employing school districts shall insure that parental consent and student information are protected as required under applicable state and federal law.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; rpld by #10047, eff 12-17-11; ss by #10556, eff 3-27-14 (from Ed 306.44)

 

          Ed 306.26  Kindergarten Through Grade 8 School Curriculum.

 

          (a)  The local school board shall require that in each school there is:

 

(1)  A broad and well-balanced elementary school curriculum that outlines district competencies for the grade 1-8 program in compliance with RSA 193-C:3, III; and

 

(2)  An instructional program that includes:

 

a.  Procedures for diagnosing learner needs, learning styles, and interests;

 

b.  Methods and strategies for teaching students;

 

c.  Research-based learning opportunities;

 

d.  Techniques for the evaluation of student outcomes, including performance assessment of district competencies; and

 

e.  Provision of differentiated instruction for students based on learning styles, needs, and interests.

 

          (b)  The local school board shall adopt, for each school, a broad and well-balanced kindergarten school curriculum that outlines a play-based kindergarten program in compliance with RSA 193-E:2-a, II-a that supports:

 

(1)  Unstructured time built into the school day for the discovery of, and methods and strategies for the fostering of, each child's individual talents, abilities, and needs;

 

(2)  Child development and learning in all domains, including, but not limited to:

 

a.  Physical;

 

b.  Social;

 

c.  Cognitive; and

 

d.  Language;

 

(3)  Child-directed experiences based upon the district's identified early childhood best teaching practices and play-based learning that comprise:

 

a.  Movement;

 

b.  Creative expression;

 

c.  Exploration;

 

d.  Socialization; and

 

e.  Music; and

 

(4)  A guided-reading literacy program.

 

          (c)  The local school board shall adopt, for each school, a local time schedule which specifies the distribution of instructional time among the following learning areas to be taught in grades 1-8 at all learning levels in the school:

 

(1)  For the elementary grades 1-8, where no middle school has been established by vote of the local school board:

 

a.  Ed 306.31, relative to an arts education;

 

b.  Ed 306.37, relative to an English/language arts and reading program;

 

c.  Ed 306.40, relative to a health education program;

 

d.  Ed 306.41, relative to a physical education program;

 

e.  Ed 306.42, relative to digital literacy program;

 

f.  Ed 306.43, relative to a mathematics program;

 

g.  Ed 306.45, relative to a science education; and

 

h.  Ed 306.46, relative to a social studies program; and

 

(2)  For middle school:

 

a.  Ed 306.31, relative to an arts education;

 

b.  Ed 306.37, relative to an English/language arts and reading program;

 

c.  Ed 306.40, relative to a health education program;

 

d.  Ed 306.41, relative to a physical education program;

 

e.  Ed 306.38, relative to a family and consumer science education;

 

f.  Ed 306.42, relative to digital literacy program;

 

g.  Ed 306.43, relative to a mathematics program;

 

h.  Ed 306.45, relative to a science education;

 

i.  Ed 306.46, relative to a social studies program; and

 

j.  Ed 306.47, relative to a technology and engineering education.

 

          (d)  If the local school board determines that one or more world languages might be offered at a middle school in the district, the local school board shall develop a policy for each middle school relative to providing supplemental instruction in one or more world languages, including the extent of this instruction and the students to whom it is offered.

 

          (e)  If a co-curricular program is offered, it shall consist of those activities that are designed to supplement and enrich regular academic instruction, provide opportunities for social development, and encourage participation in clubs, athletics, performing groups, and service to school and community.

 

          (f)  The local school board shall develop a policy that grants acknowledgement of achievement to students taking coursework in the seventh or eighth grade toward high school graduation, if the course demonstrates district or graduation competencies consistent with related high school course(s) and the student achieves satisfactory standards of performance.

 

          (g)  If a district chooses to offer extended learning opportunities in a middle school, the extended learning opportunities shall:

 

(1)  Consist of activities designed to:

 

a.  Provide credit or supplement regular academic courses; and

 

b.  Promote the schools and individual students' educational goals and objectives;

 

(2)  Be governed by a policy adopted by the local school board that:

 

a.  Provides for the administration and supervision of the program;

 

b.  Outlines how certified school personnel oversee an individual student's program;

 

c.  Requires that each extended learning proposal meet rigorous measurable standards and be approved by the school prior to its beginning;

 

d.  Specifies whether or not credit can be granted for extended learning activities, including, but not limited to, independent study, private instruction, team sports, performing groups, internships, community service, and work study; and

 

e.  Requires that acknowledgement of achievement for an extended learning activity be approved by a certified educator;

 

(3)  Incorporate student participation in selecting, organizing, and carrying out extended leaning activities;

 

(4)  Provide opportunities for students to acquire knowledge and skill development comparable to knowledge and skill development in courses offered at the high school; and

 

(5)  Be available to all students.

 

          (h)  The local school board shall require, and each district shall establish, and provide instruction in, Holocaust and genocide education as described in Ed 306.49, implemented no later than 8th grade as a component of a course in social studies. Nothing in this paragraph shall be construed to prevent developmentally appropriate instruction in Holocaust and genocide studies prior to 8th grade or as a component of other learning areas.

 

Source.  (See Revision Note #2 at part heading for Ed 306) #12845, eff 8-9-19; ss by #13394, eff 6-22

 

          Ed 306.27  High School Curriculum, Credits, Graduation Requirements, and Cocurricular Program.

 

          (a)  The local school board shall require that the curriculum content developed for each high school outlines district and graduation competencies and is consistent with RSA 193-C:3, III.

 

          (b)  The required curriculum content shall comply with the following:

 

(1)  The program of studies shall include those courses in which students demonstrate achievement as well as other educational experiences and instructional activities required by Ed 306;

 

(2)  Courses shall be planned for the attainment of specific educational district and graduation competencies leading to the high school diploma;

 

(3)  The instructional program shall include:

 

a.  Procedures for diagnosing learner needs;

 

b. Methods and strategies for teaching that incorporate learner needs;

 

c.  Resource-based learning opportunities;

 

d.  Techniques for the evaluation of student outcomes, including performance assessment of district competencies; and

 

e.  The provision of remedial instruction as needed.

 

(4)  Districts shall develop local policies that identify how the district shall engage students in creating and supporting extended learning opportunities that occur outside of the physical school building and outside of the usual school day in which students demonstrate achievement as well as other educational experiences and instructional activities required by Ed 306;

 

(5)  The extended learning opportunities in (4) above shall:

 

a.  Consist of activities designed to:

 

1.  Provide acknowledgement of achievement or supplement regular academic courses; and

 

2.  Promote the school's and individual students' educational goals and objectives;

 

b.  Be governed by a policy adopted by the local school board that:

 

1.  Provides for the administration and supervision of the program;

 

2.  Outlines how certified school personnel will oversee, although not necessarily lead, facilitate, or coordinate, an individual student's program;

 

3.  Requires that each extended learning proposal be aligned with district and graduation competencies consistent with RSA 193-C:3 that students are expected to demonstrate for graduation, and be approved by the school prior to its beginning;

 

4.  Specifies that students will be able to attain acknowledgement of achievement through mastery of district or graduation competencies for extended learning activities, including, but not limited to, independent study, private instruction, team sports, performing groups, internships, community service, and work study; and

 

5.  Requires that acknowledgement of achievement shall be based on a student's demonstration of district or graduation competencies, as approved by a certified educator;

 

c.  Incorporate student participation in selecting, organizing, and carrying out extended learning activities; and

 

d.  Be available to all students; and

 

(6)  A co-curricular program shall be offered that provides opportunities for all students to participate in activities designed to meet their needs and interests, including, but not limited to:

 

a.  Intramural and interscholastic athletics;

 

b.  Performing groups;

 

c.  Academic clubs and societies;

 

d.  Student government;

 

e.  Activities and services that afford students with disabilities an equal opportunity to participate; and

 

f.  Any other activities that:

 

1.  Supplement and enrich regular academic courses;

 

2.  Provide opportunities for social development;

 

3.  Encourage participation in the arts, athletics, and other cooperative groups; and

 

4.  Encourage service to school and community.

 

          (c)  The local school board shall require that a program of studies shall be offered for each high school that enables each student to engage in and demonstrate achievement outlined for graduation as well as other educational experiences and instructional activities as follows:

 

(1)  Ed 306.31, relative to an arts education;

 

(2)  Ed 306.33, relative to a business education;

 

(3)  Ed 306.34, relative to a career and technical education;

 

(4)  Ed 306.35, relative to a career education;

 

(5)  Ed 306.37, relative to an English/language arts and reading program;

 

(6)  Ed 306.38, relative to a family and consumer science education;

 

(7)  Ed 306.39, relative to a school counseling program;

 

(8)  Ed 306.40, relative to a health education program;

 

(9)  Ed 306.41, relative to a physical education program;

 

(10)  Ed 306.42, relative to digital literacy program;

 

(11)  Ed 306.43, relative to a mathematics program;

 

(12)  Ed 306.44, relative to a computer science education;

 

(13)  Ed 306.45, relative to a science education;

 

(14)  Ed 306.46, relative to a social studies program;

 

(15)  Ed 306.47, relative to a technology and engineering education;

 

(16)  Ed 306.48, relative to a world languages program; and

 

(17)  Ed 306.27(b)(4), relative to extended learning opportunities.

 

          (d)  Each high school shall offer maximum student opportunities, in and out of the classroom, while at the same time specifying a basic number of courses that each high school shall offer.

 

          (e)  A student shall receive acknowledgement of achievement of the competencies contained within the course, shall be awarded course credit, and shall be eligible to take another course when the following is met:

 

(1)  The student demonstrates knowledge and skills on an assessment approved by the local school district for a particular course; or

 

(2)  The student demonstrates knowledge and skills on an assessment approved by the department if the local school district has not developed an assessment.

 

          (f)  Department approved assessments shall include assessments that measure achievement of the competencies contained within the course.

 

          (g)  The local school board shall require that graduation be based on mastery of required graduation competencies as demonstrated through the accumulation of credits as outlined in Table 306-3 and by a certified educator. Each high school shall determine how completion of a classroom course, career and technical education courses, independent study, distance learning course, or extended learning opportunity can support student achievement and demonstration of district or graduation competencies.

 

          (h)  Credits shall be based on the demonstration of district and or graduation competencies not on time spent achieving these competencies. The credit shall equate to the level of rigor and achievement necessary to master competencies that have been designed to demonstrate the knowledge and skills necessary to progress toward college level and career work.

 

          (i)  Students may receive acknowledgement of achievement for graduation competencies through student demonstration of a collection of work or other assessment evidence gained through prior learning activities.

 

          (j)  The items in (c) above shall not limit opportunities to develop programs that meet the needs of each student.

 

          (k)  The programs of studies in (c) above may be offered and coordinated individually or through interdisciplinary studies.

 

          (l)  Students shall engage with and apply English and mathematics graduation competencies during every year they are enrolled in high school even if graduation competencies for English and mathematics have been demonstrated. Such engagement may occur through integration of these graduation competencies in courses focused on content areas other than English or mathematics. Such engagement shall support students to be college and career ready in mathematics and English/language arts. Nothing contained in this section shall preclude a school or district from offering courses and other learning opportunities in addition to the minimum outlined in Ed 306.

 

          (m)  There shall be a minimum of 20 credits for a regular high school diploma, unless the local school board has set a requirement of more than 20 credits for a regular high school diploma, in which case the local credit requirement shall apply. The local school board shall require that each high school offers courses or learning opportunities as specified in (c) above.

 

          (n)  The following shall apply relative to the required program of studies:

 

(1)  Consistent with Ed 306, the local school board shall verify in writing to the commissioner that each high school shall offer a total of at least 43 courses distributed as shown in Table 306-1 when the school seeks approval or renewal of approval under Ed 306.28;

 

(2)  Each high school may use any relevant title to identify a particular course;

 

(3)  Local school boards may propose innovative ways to meet or exceed the requirements in Table 306-1, pursuant to Ed 306.29;

 

(4)  Local school boards shall ensure that courses necessary to meet the requirements for attaining graduation competencies as defined on Table 306-3 are offered to district students enrolled in high school at no additional cost to the student;

 

(5)  The required courses in program areas offered by each high school shall be distributed as specified in Table 306-1 below:

 

Table 306-1 Required Program Areas and Courses

 

Required Program Areas

Courses

Arts education

3 courses

Business education

3 courses

Family and consumer science

3 courses

Digital literacy

˝ course or demonstrated proficiency

World languages

5 courses

Health education

˝ course

Physical education

2 courses

Technology education

4 courses

English

6 courses

Mathematics

6 courses

Science

5 courses

Social studies

5 courses

Computer science

2 courses

 

(6)  Course requirements under Ed 306.27(l)(5) may be met through school identified and sanctioned distance education programs under Ed 306.22 subject to the following:

 

a.  Students shall be provided courses in a classroom setting that will enable them to demonstrate achievement of graduation competencies. Students shall not be required to take these courses in order to demonstrate achievement of graduation competencies but may engage in distance education programs to demonstrate achievement. Duplicate, equivalent, or additional courses in those program areas may be offered through distance education, extended learning opportunities, or other alternative methods;

 

b.  Distance education courses or other alternative courses or programs to be counted toward the 43 courses required by Ed 306.27(l)(5) shall meet the district or graduation competencies and shall be identified in the school's program of studies;

 

c.  The school shall provide all equipment, software, and internet connectivity necessary to participate in distance education programs that are to be counted toward the 43 courses required by Ed 306.27(l)(5);

 

d.  In the cases where the school has determined that there is no other way to provide a required course, the costs of registration shall be borne by the school district for courses or alternative programs to be counted toward the 43 courses required by Ed 306.27(l)(5); and

 

e. At least one staff member shall be identified and available to assist students having difficulty with distance education courses and other alternative programs;

 

(7)  Introductory level courses offered at regional career and technical centers and available to all high school students may be counted toward the 43 courses required by Ed 306.27(l)(5) to be offered at each host or sending high school in the region. Such courses shall be identified in the school's program of studies. Career program level courses, not available to all students, shall not be counted toward the high school requirement, including career level courses offered at a regional career and technical center that is co-located with the high school. Graduation competencies acquired and demonstrated through career courses may be counted toward a student's requirements for a high school diploma under Ed 306.27(t);

 

(8)  Nothing in this section shall prevent a high school from offering classroom courses, distance education courses, independent study programs, career and technical center courses, or extended learning opportunities in addition to the courses required by Ed 306.27(l)(5). Schools shall not be required to pay for student registration or similar fees for these additional courses or programs; and

 

(9)  Nothing in this section shall prevent a student from achieving and demonstrating any number of graduation competencies through classroom courses, career and technical center courses, distance education, independent study, or extended learning opportunities to meet the graduation requirements of Ed 306.27(t) consistent with local district policies.

 

          (o)  The local school board of each high school shall award a regular high school diploma to those students who achieve and demonstrate all graduation competencies as encompassed in at least 20 credits.

 

          (p)  The local school board shall require that a high school have in place competency assessments for all courses offered through the high school.

 

          (q)  The local school board of each high school shall award a regular high school diploma to all students, with and without disabilities, who have achieved and demonstrated their local high school's required graduation competencies.

 

          (r)  The school board of a district which does not operate a high school may award a high school diploma if the following are met:

 

(1)  The district has contracted with a public academy, as defined in RSA 193:23, II, to be the high school for the district, as authorized by RSA 194:2; and

 

(2)  Students have attended a school other than the public academy;

 

          (s)  The awarding of different types of diplomas shall be governed by the following:

 

(1)  A school shall award a regular diploma for achievement and demonstration of the graduation competencies;

 

(2)  A school may award a special diploma that recognizes academic achievement;

 

(3)  Graduation competencies achieved and demonstrated in adult education, including but not limited to night school, may be used to earn a regular diploma; and

 

(4)  Students may earn certificates of completion or equivalency diplomas, but these shall not be equal to a regular high school diploma.

 

          (t)  The district shall provide learning opportunities that enable students to achieve the district's graduation competencies. Graduation competencies shall align with the skills, knowledge, and work-study practices required for success in college and careers.

 

          (u)  Students shall demonstrate competencies contained in at least the equivalent of 20 credits. Students shall engage in learning concerning competencies in the areas of English/language arts and mathematics for every year they are in high school until graduation, regardless of if English/language arts or mathematics graduation competencies have been achieved. Such engagement may occur through integration of these graduation competencies in courses focused on content areas other than English or mathematics as long as English or mathematics competencies are clear expectations of the course. Such engagement shall support students to be college and career ready in mathematics and English/language arts. Nothing contained in this section shall preclude a school or district from offering courses and other learning opportunities in addition to the minimum outlined in Ed 306.

 

          (v)  The 20 credits required for graduation shall be distributed as specified in Table 306-2:

 

Table 306-2 Required Subjects and Credits for High School Graduation

 

Required Subjects

Credit(s)

Arts education

˝ credit

Digital literacy

˝ credit

English

4 credits

Mathematics

3 credits, including algebra credit that can be earned through a sequential, integrated, or applied program

Physical sciences

1 credit

Biological sciences

1 credit

US and NH history

1 credit

US and NH government/civics

˝ credit

Economics, including personal finance

˝ credit

World history, global studies, or geography

˝ credit

Health education

˝ credit

Physical education

1 credit

Open electives

6 credits

Totals

20 credits

 

          (w)  Graduation competencies shall include competencies from the content areas as distributed in Table 306-3 in which students demonstrate proficiency as determined by the local school district:

 

Table 306-3 Required Credits for Graduation and Graduation Competencies

 

Required Graduation Competencies by Content Areas

Credit(s)

Arts education

˝ credit

Digital literacy

˝ credit

English

4 credits

Mathematics that encompasses algebra, mathematical modeling, statistics and probability, complex applications of measurement, applied geometry, graphical presentation and interpretation, statistics and data analysis

3 credits,

Physical sciences

1 credit

Biological sciences

1 credit

US and NH history

1 credit

US and NH government/civics

˝ credit

Economics, including personal finance

˝ credit

World history, global studies, or geography

˝ credit

Health education

˝ credit

Physical education

1 credit

Open electives

6 credits

Totals

20 credits

 

          (x)  The rigor and number of graduation competencies shall align with the equivalent of the credits as outlined in Table 306-3.

 

          (y)  In addition to the graduation competencies aligned with credits as outlined in Table 306-3, students shall also demonstrate achievement of additional competencies through the equivalent of 6 elective courses, career and technical education courses, or extended learning opportunities of their choosing. These additional competencies required for graduation should align with student interests and should prepare the student for successful transitions into careers and college.

 

          (z)  The graduation competencies in digital literacy education shall be met by either:

 

(1)  The equivalent of a ˝ credit course comprised of the creation by a student of an individual student digital portfolio to demonstrate proficient, ethical, and responsible use of digital tools, including, but not limited to, technology and communication tools, in the context of core subjects; or

 

(2)  A course in digital literacy education at the high school level through which a student can achieve and demonstrate

 

          (aa)  The local school board shall adopt a policy relative to counting achievement and demonstration of graduation competencies from course work earned in one content area toward meeting any graduation competencies in another content area.

 

          (ab)  Any graduation competency in a subject area may be earned through interdisciplinary learning, subject to the following conditions:

 

(1)  Graduation requirements met by interdisciplinary learning opportunities shall be clearly designated on student transcripts; and

 

(2)  The high school principal may approve a particular interdisciplinary course if the high school principal determines that:

 

a.  The course has been adopted by a faculty team; and

 

b.  The course addresses equivalent district or graduation competencies for the subject areas which are covered by the course.

 

          (ac)  Local school board policies relative to the awarding of achievement and demonstration of district or graduation competencies for distance education as described in Ed 306.22, shall require that:

 

(1)  Students may earn achievement and demonstration of the graduation competencies through the successful completion of such courses; and

 

(2)  Achievement and demonstration of district or graduation competencies shall be granted only if the high school principal determines that the distance learning course meets the academic standards required by the high school for students to demonstrate achievement of district or graduation competencies.

 

          (ad)  In each high school, the minimum yearly course load for a student shall be the equivalent of 4 credits, except that this requirement may be modified for:

 

(1)  Students with an individualized education program (IEP) that has been developed in accordance with Ed 1109;

 

(2)  Students for whom early graduation has been approved as provided in (ad) below; or

 

(3)  Those individuals in special or unusual circumstances as provided by local school board policy.

 

          (ae)  A local school board shall adopt policies pertaining to early graduation for individual students. Such policies shall require parental involvement for students under the age of 18. Consistent with local policy, the high school principal shall approve such requests if the high school principal determines that all state and local graduation requirements will be met and that early graduation is related to the career or educational plans of the student making the request. Upon demonstration of all graduation competencies, awarding of appropriate credits, and approval by the high school principal, the student shall be awarded a high school diploma.

 

          (af)  The principal shall evaluate the transcripts of students who transfer into a secondary school from another educational program, or state, to determine previous educational experiences toward meeting graduation competencies.

 

          (ag)  Upon receipt of a written request from the local school board, the commissioner of education shall waive a particular graduation requirement and shall permit the local board to award a high school diploma to a student if the commissioner determines that:

 

(1)  Such action is in the best interests of the student; and

 

(2)  At least one of the following circumstances exists:

 

a.  The student has a debilitating illness which limits school attendance;

 

b.  The student has a physical disability which precludes participation in physical education;

 

c.  The student moved into a New Hampshire school district from out of state during grade 12 and was not able to schedule a particular graduation requirement; or

 

d.  Another condition exists beyond the control of the student similar to the conditions described in a., b., or c. above.

 

          (ah)  Each local high school shall provide reasonable accommodations for cocurricular activities as appropriate in order to allow for full access and participation by students with disabilities.

 

          (ai)  The local school board shall require, and each district shall establish, and provide instruction in, Holocaust and genocide education as described in Ed 306.49, implemented not earlier than in 8th grade and continuing through grade 12 as a component of a course in social studies, world history, global studies, or US history. Nothing in this paragraph shall be construed to prevent developmentally appropriate instruction in Holocaust and genocide studies prior to 8th grade or as a component of other learning areas.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #9940, INTERIM, eff 6-9-11, EXPIRED: 12-6-11; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14; amd by #12845, eff 8-9-19; amd by #13159, eff 1-15-21; ss by #13394, eff 6-22

 

          Ed 306.28  Approval Process.

 

          (a)  Pursuant to RSA 186:8, I, and RSA 21-N:6, V, the department shall administer Ed 306.

 

          (b)  The following school approval categories shall apply to the administration of Ed 306:

 

(1) Approved for a 5 year period provided that a school meets and continues to meet all requirements of Ed 306;

 

(2)  Conditionally approved; and

 

(3)  Unapproved.

 

          (c)  A school which does not meet all of the applicable requirements of Ed 306 shall be designated as conditionally approved, provided that:

 

(1)  All identified deficiencies and a timetable for their correction shall be incorporated into the approval designation; and

 

(2)  The department shall work with the school officials and the local school board toward correcting all deficiencies.

 

          (d)  A conditionally approved school which fails to meet the requirements of an approved school within 3 consecutive school years shall be designated as unapproved unless approved for delay in full compliance under Ed 306.30.

 

          (e)  One year prior to the expiration of a school's approval, the chairperson of the local school board and the superintendent of the respective district shall provide documentation of compliance with all applicable standards as follows:

 

(1)  By October 1, the superintendent of schools shall electronically certify that the schools in the school administrative unit meet all requirements of Ed 306 through the online Education Statistics System (ESS) school approval checklist; and at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx

 

(2)  All schools shall annually comply with Ed 306.07, School Facilities, through the online ESS in (1) above and Saf-C 6000, State Fire Code, through completion of a life safety inspection by the local fire department and inspection by the local health officer or other authority having jurisdiction as required by RSA 153:14.

 

          (f)  A school not meeting the requirements of (f)(2) above shall be designated as unapproved.

 

(g)  If compliance with any other requirement of Ed 306 is in question, the school board chairperson and superintendent shall provide the commissioner with an alternative approval proposal as provided in Ed 306.29.  If approved, the alternative approval proposal shall be made publicly available by the school district. 

 

          (h)  The commissioner of education shall designate qualified professionals to visit schools to conduct school audits to verify the information and documentation submitted in (a) and (f) above, in conjunction with visits pursuant to RSA 193-E:3.

 

          (i)  Each year the commissioner shall provide a proposed approval designation, as identified in (b) above, for each public school and public academy with an expiring approval status.

 

          (j)  The commissioner shall notify in writing the chairperson of the local school board and the superintendent of each school’s final approval designation.

 

          (k)  If local school officials consider the commissioner's proposed approval designation to be in error, the superintendent shall prepare written evidence to justify its modification.

 

          (l)  Such evidence shall be submitted to the commissioner or designee within 30 days of receipt of the commissioner's proposed designation.

 

          (m)  The commissioner shall review all requests for modification and notify, in writing, the chairperson of the local school board and the superintendent of his/her final approval designation as identified in (b).

 

          (n)  If a request for modification of a proposed approval designation has not been received within 30 days, it shall become the commissioner's final approval designation and the school shall be designated as approved, conditionally approved, or unapproved as identified in (b).

 

          (o)  Each year, the state board of education shall direct the commissioner of education to publish a list of all public schools and public academies by approval category. The term of approval for each school shall also be listed.

 

          (p)  If the commissioner has designated a school as unapproved, the chairperson of the local school board or designee may appeal the decision of the school’s final approval designation and request a state board hearing. Said appeal shall be filed in writing with the office of legislation and hearings within 20 days of the receipt of the final approval designation and shall specify the basis for the appeal.  The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

 

          (q)  It shall be the responsibility of the superintendent to notify the commissioner of any change in conditions which affects a school’s compliance with these rules. 

 

          (r)  Pursuant to RSA 21-N:11, III, any person directly affected by said decision may request a state board hearing. A request for a hearing shall be filed in writing with the office of legislation and hearings within 20 days of the decision and shall specify the basis for such hearing.  The office of legislation and hearings shall schedule the hearing in accordance with timelines and procedures established in Ed 200.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96; ss by #7512, eff 7-1-01; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14; amd by #12845, eff 8-9-19

 

          Ed 306.29  Alternative Approval.

 

          (a)  In order to meet the provisions of these rules and encourage innovation to achieve high standards for students, a local school board may request approval of an alternative method of compliance with the relevant rule or rules.

 

          (b)  To apply for alternative approval, the local school board shall submit a written request to the commissioner of education that includes:

 

(1)  The name(s) of school(s)/district;

 

(2)  The SAU number;

 

(3)  The contact person and telephone number;

 

(4)  The grades covered by the request;

 

(5)  The number of students affected;

 

(6)  Identification of the rule(s) for which the alternative plan is being submitted;

 

(7)  The local school board chairperson's signature;

 

(8)  A clear and concise written justification of the request; and

 

(9)  A plan which describes the alternative and consists of a statement of intent, method of implementation, evaluation procedures, timetable for development and implementation, and an explanation of how the alternative is consistent with the statement(s) of philosophy, goals, and objectives adopted pursuant to Ed 306.05.

 

          (c)  The commissioner shall grant approval of the alternative for that period of time consistent with the school(s) approval designation, issued pursuant to Ed 306.28, if the request meets the following criteria:

 

(1)  The information provided is thorough and complete;

 

(2)  The school district has demonstrated that it is able to implement the alternative; and

 

(3)  The alternative is educationally sound and is consistent with the intent of the rule(s).

 

          (d)  The commissioner shall notify the local school board chairperson and the superintendent in writing of the decision.

 

          (e)  If the commissioner denies the request, the chairperson of the local school board or designee may appeal the decision and request a state board hearing.  The appeal shall be filed in writing with the office of legislation and hearings within 20 days of the receipt of the decision and shall specify the basis for the appeal. The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

 

          (f)  Pursuant to RSA 21-N:11, III, any person directly affected by said decision may request a state board hearing.  A request for a hearing shall be filed in writing with the office of legislation and hearings within 20 days of the decision and shall specify the basis for such hearing.  The office of legislation and hearings shall schedule the hearing in accordance with timelines and procedures established in Ed 200.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.30  Delay in Full Compliance.

 

          (a)  Notwithstanding any other provision of these rules and in accordance with the provisions of RSA 194:23-b, the state board of education shall approve, for a period of one year, a school, although it does not fully meet the requirements for an approved school, as established in these rules, if any of the conditions listed in (c)(1)-(5) below justify delay in full compliance.

 

          (b)  A request for delay in full compliance shall be submitted in writing by the chairperson of the local school board to the commissioner.  Each request shall specify the standard(s) to be delayed and provide written evidence to justify delay in full compliance, including the reason(s) for the request and a local plan and timetable for bringing the school/district into full compliance.

 

          (c)  Upon review of the request, the state board shall grant a delay in full compliance and approve the school for a period of one year if any of the following conditions exists at a level that has a significant and/or material impact:

 

(1)  Reduction in local tax base;

 

(2)  Closing of a major industry;

 

(3)  Sudden influx of school-age population;

 

(4)  Emergency beyond the control of the school district, such as a fire or natural disaster; or

 

(5)  The district has made progress toward meeting the standards, but more time is required to implement the district’s plan for corrective action.

 

          (d)  The commissioner shall notify the local school board chairperson and the superintendent of the state board's decision.

 

          (e)  If the state board denies the request, the chairperson of the local school board or designee may request a reconsideration of the state board's decision.  The reconsideration shall be filed in writing with the office of legislation and hearings within 20 days of receipt of the decision.  The office of legislation and hearings shall schedule reconsideration in accordance with timelines and procedures established in Ed 213.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; amd by #10047, eff 12-17-11; ss by #10556, eff 3-27-14

 

          Ed 306.31  Arts Education Program.

 

          (a)  Pursuant to Ed 306.26 and Ed 306.27, the local school board shall require that an arts education program for grades 1-12 provides:

 

(1)  Systematic and sequential instruction in the arts disciplines of music and visual art, while developing opportunities for dance and theatre, where students will:

 

a.  Create, perform, and respond with understanding;

 

b.  Participate actively in at least one of the art forms of dance, music, theatre or visual art;

 

c.  Analyze and evaluate works of art from structural, historical, and cultural perspectives, including acquiring the ability to understand and evaluate works of art in various arts disciplines;

 

d.  Recognize exemplary works of art from a variety of historical periods and cultures, as well as understand historical development within and among the arts disciplines;

 

e.  Relate various types of arts knowledge and skills within and across the arts and other disciplines;

 

f.  Use technology as ways to create, perform, or respond in various arts disciplines; and

 

g.  Become familiar with career opportunities in the arts or with the impact of the arts on everyday life;

 

(2)  Planned curriculum that is consistent with RSA 193-C:3, III; that will provide for:

 

a.  A variety of developmentally appropriate techniques and processes as well as learning materials such as tools, equipment, facilities and supplies, including but not limited to musical instruments, current recording devices, computers and software, and expendable art-making supplies, that meet the diverse needs, interests and capacities of each student;

 

b. The best interests of students regarding safety and health issues associated with materials, tools, equipment, supplies and procedures;

 

c.  The ability to guide student development in observing, imagining, visualizing, listening, transforming, and synthesizing their thoughts and ideas into artworks through traditional and nontraditional means such as, but not limited to, choreography, reading and writing music, improvisation, script-writing, set design, two and three-dimensional artworks, and media arts;

 

d.  The ability to guide students in selecting and applying subject matter and movements, sounds, language, or symbols, or any combination of them, with ideas to express meaning in artwork;

 

e.  Developing artistry and artistic skill sequentially over time;

 

f.  Critical thinking skills and artistic choices in the creation and evaluation of artworks;

 

g.  Addressing opportunities available beyond the regular classroom; and

 

h.  Embedding in the students global arts-related history and culture; and

 

(3)  Sound assessment practices as stated in Ed 306.24.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note #1 at part heading for Ed 306); amd by #12845, eff 8-9-19 (See Revision Note #2 at part heading for Ed 306)

 

          Ed 306.32  RESERVED.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; rpld by #10556, eff 3-27-14

 

          Ed 306.33  Business Education Program.

 

          (a)  Pursuant to Ed 306.27, the local school board shall require that a business education program provides:

 

(1)  Opportunities for students to become familiar with business principles, practices, attitudes and procedures basic to successful participation in the business world;

 

(2)  Planned activities designed to increase students' knowledge and skills and enable students to function as economically literate citizens in domestic and international venues;

 

(3)  Opportunities for students to acquire fundamental business knowledge and skills in:

 

a.  Business essentials;

 

b.  Business technology applications; and

 

c.  Personal finance; and

 

(4)  Courses totaling at least 3 credits in business education which shall be distributed as follows:

 

a.  One credit in business essentials that will encompass career exploration in:

 

1.  Overview of career clusters in business, marketing, and finance;

 

2.  Written and oral communication;

 

3.  Mathematics and economics;

 

4.  Legal and ethical behavior;

 

5.  Safe and secure environmental controls;

 

6.  Management of resources;

 

7.  Employability and personal skills for success in the workplace;

 

8.  Entrepreneurship;

 

9.  Business practices including ethics and social responsibilities; and

 

10.  Global economy;

 

b. One credit in business technology applications that shall encompass business technologies in:

 

1.  Word processing applications;

 

2.  Spreadsheet development;

 

3.  Database management;

 

4.  Presentations;

 

5.  Electronic communications and internet services;

 

6.  Graphics;

 

7.  Desktop publishing including basic web design;

 

8.  Interactive media;

 

9.  Ethical issues; and

 

10.  Careers in business using technology applications; and

 

c.  One credit in personal finance that will encompass financial literacy in:

 

1.  Personal financial decisions;

 

2.  Rights and responsibilities of consumers;

 

3.  Money management;

 

4.  Understanding scholarships versus loans;

 

5.  Borrowing and earning power;

 

6.  Investing;

 

7.  Financial services and insurance; and

 

8.  Job application and interviewing.

 

          (b) Each district shall establish and provide a comprehensive, sequentially designed, business education curriculum designed to meet the minimum standards for college and career readiness and that provides for continued growth in all content areas consistent with RSA 193-C:3, III.

 

          (c)  For business education programs, schools shall provide for the ongoing, authentic assessment of student learning outcomes through multiple formative and summative assessment instruments that are aligned with the state and district content and performance standards.

 

          (d)  Examples of such assessment shall include, but not be limited to:

 

(1)  Teacher observations of student performance;

 

(2)  Competency-based or performance based assessments;

 

(3)  Common assessments developed locally; and

 

(4)  Project evaluation rubrics used to evaluate business education proficiencies applied to integrated curriculum assignments, extended learning opportunities, and out of school learning environments.

 

          (e)  For all business education programs, schools shall demonstrate how school and student assessment data are used to evaluate, develop, and improve curriculum, instruction, and assessment.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.34  Career and Technical Education Program.

 

          (a)  Pursuant to Ed 306.27, all high school career and technical education (CTE) programs shall be a partnership between the high school and the regional CTE center, established under RSA 188-E.

 

          (b)  An approved CTE program shall be one that:

 

(1)  Delivers multi-level career and technical education, as defined in Ed 306.02(b), in sequential fashion, based on program-specific competencies endorsed by CTE and business leaders:

 

(2)  Utilizes competencies aligned with national industry standards that have been vetted through both business and industry and postsecondary education;

 

(3)  Offer students a career pathway plan of study that establishes an educational progression from secondary through postsecondary, which culminates in a postsecondary educational degree or credential in the student’s chosen career field or to a career in the student’s identified field in a supportive capacity for students with disabilities whose IEP teams have determined that the student, even with accommodations and or modifications, is unable to meet licensure or certification requirements;

 

(4)  Implements third-party assessments as recognized and designated by the department;

 

(5)  Is in one of the following nationally recognized career cluster areas:

 

a.  Agriculture, food, and natural resources;

 

b.  Architecture and construction;

 

c.  Arts, audiovisual technology, and communications;

 

d.  Business, management, and administration;

 

e.  Education and training;

 

f.  Finance, including personal financial literacy;

 

g.  Government and public administration;

 

h.  Health science;

 

i.  Hospitality and tourism;

 

j.  Human services;

 

k.  Information technology;

 

l.  Law, public safety, and security;

 

m.  Manufacturing;

 

n.  Marketing, sales, and services;

 

o.  Science, technology, engineering, and mathematics including technology education; and

 

p.  Transportation, distribution, and logistics;

 

(6)  Provides instruction that embeds:

 

a.  Program-related, competency-based academic knowledge;

 

b.  High employability skills and performance skills, including:

 

1.  Acting as a responsible and contributing citizen and employee;

 

2.  Applying appropriate academic and technical skills;

 

3.  Attending to personal and financial well-being;

 

4.  Communicating clearly, effectively and with reason;

 

5.  Considering the environmental, social and economic impacts of decisions;

 

6.  Demonstrating creativity and innovation;

 

7.  Employing valid and reliable research strategies;

 

8. Utilizing critical thinking to make sense of problems and persevere in solving them;

 

9.  Modeling integrity, ethical leadership and effective management;

 

10.  Planning education and career path aligned to personal goals;

 

11.  Using technology to enhance productivity; and

 

12.  Working productively in teams while using cultural/global competence;

 

c.  Math, English language arts, and science consistent with RSA 193-C:3, III;

 

d. Occupation-specific skills that provide the individual student with the ability to be college and career ready and able to adapt to the changing demands of the workplace; and

 

e.  Supportive capacity for students with disabilities whose IEP teams have determined that even with accommodations the student is unable to meet licensure or certification requirements;

 

(7)  Offers approved CTE programs in a safe environment for students that:

 

a.  Meets safety standards established by national associations and adopted as administrative rules by New Hampshire licensing boards for the particular career;

 

b.  Do not exceed 24 students in each laboratory class; and

 

c.  Comply with all state and federal child labor laws;

 

(8)  Coordinates with postsecondary or apprenticeship programs, or both; and

 

(9)  Coordinates with business and industry based programs.

 

          (c)  Receiving districts shall collaborate with various CTE stakeholders, including, but not limited to: 

 

(1)  Business and industry, including, but not limited to:

 

a.  Regional advisory committee participation;

 

b.  Program advisory committee participation;

 

c.  Core competency development and review;

 

d.  National industry standards adherence; and

 

e.  State industry economic initiatives and labor demands;

 

(2)  Postsecondary institutions;

 

(3)  Specific program area state governing boards, including, but not limited to, the:

 

a.  State board of nursing;

 

b.  State board of cosmetology;

 

c.  Mechanical licensing board previously known as the plumbing safety and licensing board;

 

d.  New Hampshire electricians board;

 

e.  State apprenticeship advisory council;

 

f.  National automotive technicians education foundation;

 

g.  Bureau of emergency medical services; and

 

h.  NH fire standards and training commission;

 

(4)  State department of labor;

 

(5)  U.S. office of vocational and adult education;

 

(6)  U.S. office for civil rights; and

 

(7)  Other such governing bodies as are identified by the department.

 

          (d)  Each regional CTE center shall establish and provide a comprehensive, sequentially designed curriculum, providing instruction that supports the achievement of the statewide CTE core competencies offered at that regional CTE center.

 

          (e)  For each CTE program within each regional CTE center, the center shall provide for the ongoing, authentic assessment of competencies aligned with the requirements of Ed 306.34(b)(2) using multiple formative and summative assessment instruments that are aligned with the state and district content and performance standards.

 

          (f)  Examples of such assessment shall include, but not be limited to:

 

(1)  Teacher observations of student performance;

 

(2)  Competency-based or performance based assessments;

 

(3)  Common assessments developed locally;

 

(4)  Project evaluation rubrics applied to integrated curriculum assignments, extended learning opportunities, and out-of-school learning environments; and

 

(5)  Third-party technical assessments that are aligned with industry standards, as recognized and designated by the department.

 

          (g)  Each CTE center shall report the academic performance of each student on a regular basis as follows:

(1)  Distribute a summary of individual student performance to parents at least 3 times each year;

 

(2)  Provide an opportunity for parents to meet individually with their student’s teachers about their student’s performance at least once during the school year; and

 

(3)  Report aggregate data to all sending schools regarding student performance disaggregated by each career and technical education program.

 

          (h)  For the CTE programs at all regional CTE centers, centers shall demonstrate how school and student assessment data are used to evaluate, develop and improve curriculum, instruction, and assessment.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.35  Career Education Program.

 

          (a)  Pursuant to Ed 306.26 and Ed 306.27, the local school board shall require that a comprehensive career education program provides for the infusion of developmentally appropriate knowledge and skill development throughout all areas of the K-12 curriculum, in accordance with RSA 193-C:3, III.

 

          (b)  At all grade levels, this comprehensive career education program shall include opportunities for students to:

 

(1)  Develop self-knowledge, self-confidence, and self-awareness in defining and refining life and work roles; and

 

(2)  Become familiar with the skills and knowledge essential for making individual career and educational decisions.

 

          (c)  At the middle and high school level, this program shall include systematic instruction and activities designed to enable students to:

 

(1)  Develop basic knowledge, attitudes, and competencies that promote success on the job;

 

(2)  Collect and evaluate data related to current and emerging employment opportunities;

 

(3)  Use available resources in planning and decision making regarding educational and career objectives;

 

(4)  Understand the wide variety and interrelatedness of occupations; and

 

(5)  Develop career interests and an awareness of the training and skills required for success.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.36  RESERVED.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; rpld by #10047, eff 12-17-11

 

          Ed 306.37  English/Language Arts and Reading Program.

 

          (a)  Pursuant to Ed 306.26, the local school board shall require that an English/language arts and reading program in each elementary school provides:

 

(1)  Systematic and continuous instruction which develops students' knowledge of language arts, including listening, speaking, reading, writing, and viewing;

 

(2)  Instruction which emphasizes how to clarify, order, interpret, and communicate experiences through the skillful use of language;

 

(3)  Opportunities for each student to exercise, with fluency and ease, oral and written skills and to become acquainted with others' interpretations of experiences through fiction and informational materials, film, television, and other media;

 

(4)  An environment which promotes the importance of reading;

 

(5)  Opportunities for each child to become literate;

 

(6) Methods for assessing students for appropriate placement in the reading/language arts program, including diagnostic assessment for remediation;

 

(7)  Support for teachers on interpreting test results;

 

(8)  Continuous monitoring of each student's progress from grade to grade;

 

(9)  Early intervention or remediation;

 

(10)  Instruction for teachers in reading in the content areas; and

 

(11)  Training for instructional staff on methods for effectively meeting the language arts/reading needs of all students and on current developments in language arts/reading.

 

          (b)  Pursuant to Ed 306.26, the local school board shall require that an English/language arts and reading program in each middle school provides:

 

(1)  Instruction which emphasizes the use of language to clarify, order, interpret, and communicate experiences including instruction in listening, speaking, reading, writing, and viewing;

 

(2)  Opportunities for each student to develop oral and written skills and to become acquainted with others' interpretations of experiences through fiction and informational materials, film, television, and other media; and

 

(3)  Systematic instruction and activities designed to enable student to:

 

a.  Comprehend and produce progressively more complex oral and written language using various patterns of organization, such as narration, description, enumeration, sequence, cause/effect, comparison/contrast, and problem/solution;

 

b.  Recognize and create literary elements, such as plot, character, setting and point of view in a variety of genres;

 

c.  Apply the writing process, including choosing a topic, generating ideas and locating information, drafting, revising, and editing;

 

d. Increase vocabulary through semantics, use of the dictionary, structural analysis, including prefixes and suffixes, and other strategies;

 

e.  Apply previously learned reading skills to content materials;

 

f. Acquire new reading skills and fluency through remedial, developmental, and enrichment programs;

 

g.  Use appropriate reading techniques to acquire knowledge, including setting the purpose for reading, varying reading speed, and reading for comprehension at the literal, inferential, evaluative, critical, and analytical levels;

 

h.  Read to satisfy personal interests and recognize that fiction and informational materials can offer insight into life; and

 

i.  Employ appropriate study skills, including the ability to locate materials, take notes, organize information, and use a variety of sources.

 

          (c)  Pursuant to Ed 306.27, the local school board shall require that an English/language arts program in each high school provides:

 

(1)  Opportunities for students to become familiar with the history, structure, and use of English as the basic medium of communication in our society;

 

(2)  Opportunities for students to develop proficiency and control in the use of language, an appreciation of a variety of literary forms, an understanding and appreciation of various aspects of past and present cultures as expressed in literature, and interests for lifelong learning;

 

(3)  Courses totaling at least 6 credits in English which shall be distributed as follows:

 

a.  At least 4 credits required of all students and planned as a purposeful sequence of study which promotes:

 

1.  The development of the basic language skills of listening, speaking, reading, writing, and viewing;

 

2.  The acquisition of knowledge; and

 

3.  The understanding of literature and our literary heritage; and

 

b.  At least 2 elective credits designed to provide increased proficiency in the basic language skills and/or an expanded knowledge and understanding of literature and which may be met by such courses as advanced writing, public speaking, debating, dramatics, humanities, and world literature; and

 

(4)  Systematic instruction and activities designed to enable students to:

 

a.  Develop effective listening and discussion techniques, distinguish fact from opinion, and identify the principle idea;

 

b.  Write and present speeches for a variety of purposes and audiences;

 

c.  Understand and apply the writing process by choosing a topic, generating ideas and locating information, drafting, revising, and editing in order to write well-organized, legible, well-supported papers;

 

d.  Correctly use the conventions of standard English, such as grammar, punctuation, spelling, capitalization, and word usage, in all written work;

 

e.  Increase reading speed and comprehension and develop thinking skills, such as inference, applying knowledge, and making judgments;

 

f.  Develop word recognition skills, such as context clues, prefixes, suffixes, and phonetic analysis, in order to develop an increased vocabulary;

 

g. Understand ideas presented in a variety of visual formats such as television advertisements and political cartoons;

 

h.  Know and appreciate both traditional and contemporary literature, including English, American, and works in translation;

 

i.  Understand literary analysis through discussion and writing activities;

 

j.  Recognize how our literary heritage relates to the customs, ideas, and values of today's life and culture; and

 

k.  Develop study skills which contribute to academic success, such as using the dictionary, note taking, locating information, distinguishing good sources of information from bad sources, and applying information in solving of real-life problems.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306)

 

          Ed 306.38  Family and Consumer Science Education Program.

 

          (a)  Pursuant to Ed.306.26 and Ed. 306.27, the local school board shall require that a family and consumer science education program be provided in each middle school. 

 

          (b)  The middle school program shall provide planned learning strategies and opportunities to prepare independent, educated consumers that are literate in life skills that provide:

 

(1)  Students with teaching and instructional practice that:

 

a.  Prepare students for college, career, and citizenship;

 

b.  Promote optimal nutrition education that supports district wellness policies;

 

c.  Use critical and creative thinking skills to promote problem solving in diverse family, community and work environments;  

 

d.  Demonstrate creative thinking, constructs knowledge, and develops innovative products and processes using technology;

 

e. Use critical thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions;

 

f.  Supports literacy in math, language arts, and science; and  

 

g.  Manage the challenges of living and working in a diverse global society;

 

(2)  Experiences that support students’ 21st century learning, including, but not limited to:

 

a.  Collecting, analyzing, organizing, and presenting information;

 

b.  Decision making and problem solving;

 

c.  Self-management;

 

d.  Communication and conflict resolution; and

 

e.  Technological literacy; and

 

(3)  Experiences which develop students' knowledge and skills in:

 

a.  Managing foods and nutrition;

 

b.  Consumer financial literacy; and

 

c.  Human growth and development;

 

          (c)  The local school board shall require that a family and consumer science education program be provided in each high school.

 

          (d)  The program in each high school shall provide planned learning strategies and opportunities that:

 

(1)  Enable students to develop an awareness of career opportunities and to function as leaders in family, community, and work settings;

 

(2)  Provide students with knowledge and experience in the following areas of:

 

a.  Foods and nutrition;

 

b.  Human growth and development;

 

c.  Consumer and resource management; and

 

d.  Textiles and design.

 

(e)  Each district shall establish and provide a comprehensive, sequentially designed, family and consumer science curriculum that will meet the minimum standards for college and career readiness and that provide for continued growth in all content areas consistent with RSA 193-C:3, III.

 

          (f)  For family and consumer science programs, schools shall provide for the ongoing, authentic assessment of student learning outcomes through multiple formative and summative assessment instruments that are aligned with the state and district content and performance standards.

 

          (g)  Examples of such assessment shall include, but not be limited to:

 

(1)  Teacher observations of student performance;

 

(2)  Competency-based or performance based assessments;

 

(3)  The use of real-life relevant tasks, laboratories, simulations, and community involvement;

 

(4)  Common assessments developed locally; and

 

(5) Project evaluation rubrics used to evaluate family and consumer science competencies applied to integrated curriculum assignments, extended learning opportunities, and out-of-school learning environments.

 

          (h)  Family and consumer science programs shall report the academic performance of all students on a regular basis by providing the following:

 

(1)  A summary of individual student performance to parents at least 4 times per course; and

 

(2)  The opportunity for parents to meet individually with their students’ teachers about their students’ performance at least once during each school year.

 

          (i)  For the family and consumer science programs at each grade level, schools shall demonstrate how school and student assessment data are used to evaluate, develop, and improve curriculum, instruction, and assessment.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.39  School Counseling Program.

 

          (a)  The local school board shall require that each school in its district provides for the implementation of a comprehensive school counseling program based on this section and “The ASCA National Model: A Foundation for School Counseling Program,” published by the American School Counselor Association (ASCA) in 2012 as referenced in Appendix II as an integral part of the total educational program. The local school board shall require that each district develop and have on file a comprehensive K-12 School counseling program policy and implementation plan consistent with the components in this section and kept current biennially.

          (b) The K-12 school counseling program shall include a comprehensive sequence of learning opportunities designed to promote each student’s development of work-study practices in academic development, career development, and personal/social development by means of the following components:

 

(1)  A school counseling core curriculum based on the ASCA student competencies and local goals, designed to help students attain the desired work-study practices and to provide all students with the knowledge, attitudes and skills appropriate to their developmental level, including prevention and intervention activities. The school counseling core curriculum shall be delivered throughout the school’s overall curriculum and be systematically presented by school counselors in collaboration with other professional educators in K-12 classroom and group activities;

 

(2)  Individual student planning that is coordinated and systematic including activities designed to assist students in establishing personal goals, developing future plans, and attaining college and career-ready, work-study practices;

 

(3)  Responsive services to meet students’ immediate needs and concerns and counselor teaming in crisis response;

 

(4)  School counseling program management including data-driven decision-making reflective of the school’s needs; and

 

(5)  Consultation and collaboration with parents, teachers, other educators, and community organizations, and referral of students for additional assistance.

 

          (c)  For the school counseling programs in grades K-12, the performance of the school counselor(s) shall be evaluated on knowledge, abilities, skills and attitudes necessary to plan, organize, implement and evaluate the implementation of a comprehensive school counseling program based on the ASCA national model.

 

(d)  For the school counseling programs in grades K-12, schools shall demonstrate the effectiveness of the local comprehensive school counseling program through a summary report of student performance in achievement, attendance, and behavior to the local school board at least once a year.

 

          (e) The staff requirements for provision of the comprehensive developmental guidance and counseling program shall be as set forth in Ed 306.15(b).

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14

 

          Ed 306.40  Health Education Program.

 

          (a)  Pursuant to Ed 306.26 and Ed 306.27, the local school board shall require that a school health education program for grades 1-12 provides:

 

(1)  Health education;

 

(2)  School health services;

 

(3)  Food and nutrition services;

 

(4)  A comprehensive guidance and counseling program;

 

(5)  Healthy school facilities; and

 

(6)  Family and community partnerships.

 

          (b)  The local school board shall require that each school health education program provides:

 

(1)  Systematic instruction in grades K-12, designed to enable students to:

 

a.  Comprehend concepts related to health promotion and disease prevention, linking to all content areas;

 

b.  Demonstrate functional knowledge of the most important and enduring ideas, issues, and concepts related to achieving good health;

 

c. Demonstrate the ability to access valid health information and health-promoting products and services;

 

d.  Demonstrate the ability to practice health enhancing behaviors and reduce health risks;

 

e.  Analyze the effect of culture, media, technology, and other influences on health;

 

f.  Demonstrate the ability to use interpersonal communications skills to enhance health;

 

g.  Demonstrate the ability to use goal-setting and decision making skills to enhance health; and

 

h.  Demonstrate the ability to advocate for personal, family, and community health;

 

(2)  A planned K-12 curriculum in health education designed to teach the skills listed in (b)(1) above across the following content areas of health education:

 

a.  Alcohol and other drug use prevention, in accordance with RSA 189:10;

 

b.  Injury prevention;

 

c.  Nutrition;

 

d.  Physical activity;

 

e.  Family life and comprehensive sexuality education, including instruction relative to abstinence and sexually transmitted infections in accordance with RSA 189:10;

 

f.  Tobacco use prevention;

 

g.  Mental health;

 

h.  Personal and consumer health; and

 

i.  Community and environmental health; and

 

(3)  Sound assessment practices in health education that:

 

a.  Match goals and objectives;

 

b.  Require evaluation and synthesis of knowledge and skills;

 

c.  Emphasize higher order thinking skills;

 

d.  Clearly indicate what the student is asked to do but not how to do it;

 

e.  Are at the appropriate reading level;

 

f.  Have criteria that are clear to students and teachers;

 

g.  Are engaging and relevant to students;

 

h.  Link to ongoing instruction;

 

i.  Provide feedback to students;

 

j.  Provide cost-effective benefits to students;

 

k.  Reflect real world situations; and

 

l.  Emphasize use of available knowledge and skills in relevant problem contexts.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306); amd by #12845, eff 8-9-19

 

          Ed 306.41  Physical Education Program.

 

          (a)  Pursuant to Ed 306.26 and Ed 306.27, the local school board shall require that a school physical education program for grades 1-12 provides:

 

(1)  Physical education as provided in (b) below; and

 

(2)  Family and community partnerships.

 

          (b)  In the area of physical education, the local school board shall require that each school physical education program provides:

 

(1)  Systematic instruction in grades 1-12, designed to enable students to:

 

a.  Demonstrate competency in motor skills and movement patterns needed to perform a variety of physical activities;

 

b.  Demonstrate understanding of movement concepts, principles, and performance of physical activities;

 

c.  Participate regularly in physical activity;

 

d.  Achieve and maintain a health enhancing level of physical fitness;

 

e.  Exhibit responsible personal and social behavior that respects self and others in physical activity settings; and

 

f.  Value physical activity for health, enjoyment, challenge, self expression, and social interaction;

 

(2)  A planned 1-12 curriculum in physical education that will provide for:

 

a.  A variety of motor skills that are designed to enhance the physical, mental, social, and emotional development of every child;

 

b.  Fitness education and assessment to help children understand and improve or maintain their physical well-being;

 

c.  Development of cognitive concepts about motor skills and fitness;

 

d.  Opportunities to improve children’s emerging social and cooperative skills and to gain a multicultural perspective;

 

e.  Promotion of regular amounts of appropriate physical activity now and throughout life; and

 

f.  Utilization of technology in attaining instruction, curricular, and assessment goals; and

 

(3)  Sound assessment practices in physical education that:

 

a.  Match goals and objectives;

 

b.  Require evaluation and synthesis of knowledge and skills;

 

c.  Emphasize higher-order thinking skills;

 

d.  Clearly indicate what the student is asked to do;

 

e.  Are at an appropriate skill level according to:

 

1.  State standards; and

 

2.  The needs of the individual;

 

f.  Have criteria that are clear to students and teacher;

 

g.  Are engaging and relevant to students;

 

h.  Link to ongoing instruction;

 

i.  Provide feedback to students;

 

j.  Provide cost-effective benefits to students;

 

k.  Reflect real-world situations; and

 

l.  Emphasize use of available knowledge and skills in relevant problem contexts.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306); amd by #12845, eff 8-9-19

 

          Ed 306.42  Digital Literacy Program.

 

          (a)  The local school board shall require an integrated approach to the use of 21st century tools, including, but not limited to technology and communication tools, within all curriculum areas through the adoption of an information and communication technologies literacy (ICT) program in grades 1 - 12 that provides opportunities at developmentally appropriate levels for students to:

 

(1)  Develop knowledge of ethical, responsible use of technology tools in a society that relies heavily on knowledge of information in its decision-making;

 

(2)  Become proficient in the use of 21st century tools to access, manage, integrate, evaluate, and create information within the context of the core subjects of:

 

a.  Reading;

 

b.  Mathematics;

 

c.  English and language arts;

 

d.  Science;

 

e.  Social studies, including civics, government, economics, history, and geography;

 

f.  Arts; and

 

g.  World languages;

 

(3)  Use 21st century tools to develop cognitive proficiency in:

 

a.  Literacy;

 

b.  Numeracy;

 

c.  Problem solving;

 

d.  Decision making; and

 

e.  Spatial / visual literacy;

 

(4)  Use 21st century tools to develop technical proficiency at a foundation knowledge level in:

 

a.  Hardware;

 

b.  Software applications;

 

c.  Networks; and

 

d.  Elements of digital technology; and

 

(5)  Create digital portfolios which:

 

a.  Address the following components:

 

1.  Basic operations and concepts;

 

2.  Social, ethical, and human issues;

 

3.  Technology productivity tools;

 

4.  Technology communications tools;

 

5.  Technology research tools; and

 

6.  Technology problem solving and decision-making tools;

 

b.  Represent proficient, ethical, responsible use of 21st century tools within the context of the core subjects; and

 

c.  Include, at a minimum, such digital artifacts as:

 

1.  Standardized tests;

 

2.  Observation;

 

3.  Student work; and

 

4.  Comments describing a student’s reflection on his/her work.

 

          (b)  The local school board shall provide opportunities for students to demonstrate ICT competency by the end of 8th grade using assessment rubrics applied to the contents of digital portfolios as required in (a)(5) above.  Students who successfully demonstrate knowledge, skill, and understanding of these competencies shall have the opportunity, as high school students, to take a higher level computer course to meet the ˝ credit requirement.

 

          (c)  The local school board shall provide opportunities for students to complete a ˝ credit ICT course prior to high school graduation, including, but not limited to:

 

(1)  Use of common productivity and web based software;

 

(2)  Use of a variety of multimedia software and equipment;

 

(3)  Configuring computers and basic network configurations; and

 

(4)  Applying programming concepts used in software development.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306); amd by #12845, eff 8-9-19

 

          Ed 306.43  Mathematics Program.

 

          (a)  Pursuant to Ed 306.26, the local school board shall require that a mathematics program in each elementary grade, excluding kindergarten, provides:

 

(1)  Opportunities for all students to solve problems by:

 

a.  Using multiple strategies;

 

b.  Communicating mathematical ideas through speaking and writing; and

 

c.  Making logical connections between different mathematical concepts;

 

(2)  Opportunities for all students to build and construct knowledge and understanding of mathematical concepts through developmentally appropriate activities that include concrete experiences and interactions with manipulatives, technology, and their environment;

 

(3)  Opportunities for authentic tasks that:

 

a.  Promote student decision making and questioning;

 

b. Encourage students to develop unique problem solving strategies while allowing students to defend their strategies and results;

 

(4)  Planned activities that promote developing mathematical concepts from the concrete to the representational and finally to the abstract level;

 

(5) Opportunities for all students to develop positive attitudes such as inquisitiveness and appreciation of the multiple ways to approach and solve mathematical situations;

 

(6)  Interactive instruction and sustained activities designed to enable all students to demonstrate proficiency using the concepts and skills articulated in any grade level expectations that are adopted at the state level; and

 

(7)  A developed curriculum incorporating number and operations, geometry and measurement, data, statistic and probability, and functions and algebra consistent with RSA 193-C:3, III.

 

          (b)  Pursuant to Ed 306.26, the local school board shall require that a mathematics program in each middle school grade provides:

 

(1)  Opportunities for all students to solve problems by:

 

a.  Using multiple strategies;

 

b.  Reading and interpreting mathematics;

 

c.  Communicating mathematical ideas through speaking and writing; and

 

d.  Making connections within and among mathematical ideas and across disciplines;

 

(2)  Opportunities for all students to build and construct knowledge and understanding of mathematical concepts through developmentally appropriate activities that include concrete experiences and interactions with manipulative, technology, and their environment;

 

(3)  Opportunities for authentic tasks that:

 

a.  Promote student decision making and questioning; and

 

b. Encourage students to develop unique problem solving strategies while allowing students to defend their strategies and results through inductive and deductive reasoning;

 

(4)  Opportunities for all students to explore the historical and cultural development of mathematics;

 

(5)  Opportunities for all students to:

 

a.  Explore mathematically-related careers; and

 

b.  Have direct interaction with the mathematics involved in various careers;

 

(6)  Planned activities that promote developing mathematical concepts from the concrete to the representational and finally to the abstract level;

 

(7) Opportunities for all students to develop positive attitudes such as inquisitiveness, appreciation of the multiple ways to approach and solve mathematical situations, and an appreciation of mathematical patterns;

 

(8)  Sustained projects and labs that are designed to:

 

a. Incorporate multiple mathematical ideas, research, technology, mathematical communication, and interdisciplinary interaction; and

 

b.  Encourage students to solve problems that are meaningful and unique to their lives;

 

(9)  Interactive instruction and sustained activities designed to enable all students to demonstrate proficiency using the concepts and skills articulated in any grade level expectations that are adopted at the state level; and

 

(10)  A developed curriculum incorporating number and operations, geometry and measurement, data, statistics and probability, and functions and algebra consistent with RSA 193-C:3, III.

 

          (c)  Pursuant to Ed 306.27, the local school board shall require that a mathematics program in each high school provides:

 

(1)  Opportunities for all students to solve problems by:

 

a.  Using multiple strategies;

 

b.  Reading and interpreting mathematics;

 

c.  Communicating mathematical ideas through speaking and writing; and

 

d.  Making connections within and among mathematical ideas and across disciplines;

 

(2)  Opportunities for all students to build and construct knowledge and understanding of mathematical concepts through developmentally appropriate activities that include concrete experiences and interactions with manipulatives, technology, and their environment;

 

(3)  Opportunities for authentic tasks that:

 

a.  Promote student decision making and questioning; and

 

b. Encourage students to develop unique problem-solving strategies while allowing students to defend their strategies and results through inductive and deductive reasoning and proof;

 

(4)  Opportunities for all students to explore the historical and cultural development of mathematics;

 

(5)  Opportunities for all students to:

 

a.  Research mathematically-related careers;

 

b.  Have direct interaction with the mathematics involved in various careers; and

 

c.  Research the mathematical requirements of various college majors;

 

(6)  Planned activities that promote developing mathematical concepts from the concrete to the representational and finally to the abstract level;

 

(7) Opportunities for all students to develop positive attitudes such as inquisitiveness, appreciation of the multiple ways to approach and solve mathematical situations, appreciation of mathematical patterns, and the ability to make predictions from patterns;

 

(8)  Sustained projects and labs designed to incorporate multiple mathematical ideas, research, technology, mathematical communication, and interdisciplinary interaction, and to encourage students to solve problems that are meaningful and unique to their lives;

 

(9)  Interactive instruction and sustained activities developed to increase mathematical maturity and allow students to be successful in solving problems outside of the classroom;

 

(10)  Opportunities for all students 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.  

 

(11)  Such competency may be met by satisfactorily completing:

 

a.  A minimum of 4 courses in mathematics; or

 

b.  A minimum of 3 mathematics courses and one non-mathematics content area course in which mathematics knowledge and skills are embedded and applied, as may be approved by the school board.

 

(12)  Interactive instruction and sustained activities designed to enable all students to demonstrate proficiency on the state assessment; and

 

(13)  A developed curriculum incorporating number and operations, geometry and measurement, data, statistics and probability, and functions and algebra consistent with RSA 193-C:3, III.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306); amd by #12845, eff 8-9-19

 

          Ed 306.44  Computer Science Education.

 

          (a)  Each district shall establish and provide a comprehensive, sequentially designed, computer science curriculum, implemented on or before July 1, 2020, that will meet the minimum standards for college and career readiness and that provide for continued growth in all content areas consistent with RSA 193-C:3, III.

 

          (b)  Pursuant to Ed 306.26, the local school board shall require that a computer science education program for grades 1-8 provides:

 

(1)  Integrated, developmentally appropriate instruction in the concepts of computational thinking and the impacts of computing, where students will:

 

a.  Foster an inclusive computing culture that incorporates personal, ethical, social, economic, and cultural contexts when considering the needs of diverse users of computational products;

 

b.  Use collaborative tools and processes to effectively work together to create complex artifacts;

 

c.  Recognize and define computational problems;

 

d.  Develop and use abstractions to manage complexity;

 

e.  Create, test, and refine computational artifacts; and

 

f.  Communicate with diverse audiences about the use and effects of computation and the appropriateness of computational choices; and

 

(2)  Opportunities for students to build and construct knowledge and understanding of computational thinking through developmentally appropriate activities that include concrete experiences and interactions with manipulatives, technology, and their environment.

 

          (c)  Pursuant to Ed 306.27, the local school board shall require that a computer science education program be provided in each high school that:

 

(1)  Offers 2 credits in coursework and competencies in one or more of the following core content areas:

 

a.  Computing systems;

 

b.  Networks and the internet;

 

c.  Data and analysis; and

 

d.  Algorithms and programming;

 

(2)  Provides opportunities for students to build and construct knowledge and understanding of computational thinking through developmentally appropriate activities that include concrete experiences and interactions with manipulatives, technology, and their environment; and

 

(3)  Provides opportunities for students to engage in authentic tasks that:

 

a.  Foster an inclusive computing culture;

 

b.  Encourage collaboration;

 

c.  Promote the recognition and defining of computational problems;

 

d.  Encourage the development and use of abstractions in complex problem solving;

 

e.  Create, test, and refine computational artifacts; and

 

f.  Provide opportunities for communication about computing.

 

 

Source.  #12845, eff 8-9-19 (See Revision Note #2 at part heading for Ed 306)

 

          Ed 306.45  Science Education Program.

 

          (a)  Pursuant to Ed 306.26, the local school board shall require that a science education program in each elementary school grades, excluding kindergarten, provides:

 

(1)  Planned activities designed to:

 

a.  Develop students' critical thinking skills;

 

b.  Promote the acquisition of positive attitudes, including, but not limited to, curiosity, initiative, self-reliance, and persistence; and

 

c.  Develop an awareness of and involvement with the natural world;

 

(2)  Planned activities designed to increase students' factual knowledge and conceptual understanding of the nature of science, unifying themes of science, and physical, biological, and earth space sciences; and

 

(3)  Opportunities for students to develop a knowledge and understanding of process skills such as observing, classifying, measuring, and inferring through activities that allow each student to:

 

a.  Explore, collect, handle, sort, and classify natural objects;

 

b.  Use strategies to organize and identify the questions children ask from natural world observations;

 

c.  Use tools, including, but not limited to, nonstandard measures, rulers, and magnifiers, to enhance observations and collect represent and interpret data;

 

d. Organize data in multiple ways using tools of technology, including calculators, computers, and handheld electronic devices;

 

e. Communicate through reading, writing, speaking, listening, creating, and viewing to describe their observations of the natural world; and

 

f. Model and communicate safety and health related issues relating to exploration, activities, and inquiry associated with materials, tools, and procedures.

 

          (b)  Each district shall establish a comprehensive curriculum that meets the needs of the students as described in (a) above and helps students progress as provided in RSA 193-C:3, III.

 

          (c)  Pursuant to Ed 306.26, the local school board shall require that a science program in each middle school provides:

 

(1)  Planned activities in grades 5-8 designed to increase students' factual knowledge and conceptual understanding of the nature of science, unifying themes of science, and physical, biological, and earth space sciences;

 

(2)  Instruction in grades 6 to 8 which provides a semester or yearlong and content connected experiences in biology life science, physical science, and earth space science;

 

(3)  Opportunities for students to develop a knowledge and understanding of process skills such as observing, classifying, measuring, graphing, inferring, experimenting, and communicating; and

 

(4)  Systematic instruction, laboratory experiences and activities designed to enable students to:

 

a.  Gather scientific data through laboratory and field work;

 

b.  Employ safe practices and techniques in the laboratory and on field trips;

 

c.  Apply scientific concepts and skills in solving real problems and in everyday situations;

 

d.  Understand the impact of science and technology on daily life;

 

e.  Be aware of science-related societal issues;

 

f.  Investigate the natural world and acquire an understanding of scientific explanations of natural phenomena;

 

g.  Acquire an understanding of the history of science and its impact on society and the realization that science is a human endeavor;

 

h.  Become familiar with science and technology related careers;

 

i.  Engage in full and partial inquiries;

 

j.  Use their understanding of background content and theories to guide their design of observations and investigations;

k.  Shape and modify their background knowledge through experiments and observations;

 

l.  Develop their abilities in systematic observation, making accurate measurements, and identifying and controlling variables; and

 

m.  Express their understanding through the use of writing, labeling drawings, completing concept maps, developing spreadsheets and creative representations, and designing computer images and representations.

 

          (d)  Each district shall establish a comprehensive curriculum that provides for continued growth in all content areas consistent with RSA 193-C:3, III.

 

          (e)  Pursuant to Ed 306.27, the local school board shall require that a science program in each high school provides:

 

(1)  Opportunities for students to become familiar with the impact, limitations, fundamental principles, and methods of science;

 

(2)  Opportunities for students to acquire knowledge of the natural world through the application of logical thought processes such as observation, hypothesizing, experimentation, and the drawing of conclusions;

 

(3) Opportunities for students to develop a knowledge and understanding of attitudes and problem-solving techniques essential for life in an increasingly complex technological society;

 

(4)  Courses totaling at least 5 credits in science comprised of offerings in each of the following areas:

 

a.  Physical science which shall include:

 

1.  Conservation of matter;

 

2.  Conservation of energy, matter and energy in nuclear phenomena;

 

3.  Newton’s Laws involving the structure and interaction of matter and energy;

 

4. Chemical principles, including the ability to distinguish among materials by utilizing observable properties; and

 

5.  Physical principles, including the application of knowledge of forces and motion to all types of motion in the universe;

 

b.  Biology which shall include:

 

1.  Molecular and cellular biology;

 

2.  Genetics;

 

3.  Plant and animal diversity and the structure and function of plants and animals;

 

4.  The principles of classification, including fundamental structures, functions, and mechanisms of inheritance found in the major grouping of organisms including bacteria, fungi, protists, plants, and animals;

 

5.  Population biology;

 

6.  Organic evolution and patterns and products of evolution, including genetic variation, specialization, adaptation, and natural selection;

 

7.  Ecology and animal behavior and how environmental factors affect all living systems, including individuals, communities, biomes, and the biosphere, as well as species to species interactions; and

 

8.  The concept that organisms are linked to one another and to their physical setting by the transfer and transformation of matter and energy to maintain a dynamic equilibrium;

 

c.  Chemistry which shall include:

 

1.  Structure of matter;

 

2.  States of matter;

 

3.  Chemical classification;

 

4.  Introductory organic chemistry;

 

5.  Reactions of matter such as acids, bases, oxidation-reduction, electrochemistry, equilibrium, kinetics; and

 

6.  Thermodynamics;

 

d.  Physics which shall include:

 

1.  Principles of mechanics;

 

2.  Laws of conservation;

 

3.  Basics of waves;

 

4.  Fundamentals of electricity and magnetism; and

 

5.  Atomic and nuclear physics;

 

e.  Earth space science which shall include the concepts that the earth:

 

1.  Is a unique member of our solar system, located in a galaxy, within the universe;

 

2.  Is a complex planet with 5 interacting systems, namely:

 

(i)  Solid earth or lithosphere;

 

(ii)  Air or atmosphere;

 

(iii)  Water or hydrosphere;

 

(iv)  Ice or cryosphere; and

 

(v)  Life or biosphere; and

 

3.  Contains a variety of renewable and nonrenewable resources; and

 

f. General or advanced science which shall include subject matter appropriate to the disciplines listed in e. above; and

 

(5)  Systematic instruction, fieldwork, experimentation and activities designed to enable students to:

 

a.  Know about the diversity of natural phenomena and the methods of studying and classifying them;

 

b.  Recognize the interrelationship and interdependence of living organisms and the role of a biological organism in a physical world;

 

c.  Understand the scientific method of investigation, including the role of observation and experimentation in the advancement of scientific knowledge;

 

d.  Gather scientific data through laboratory and field work;

 

e.  Construct tables and graphs from given data and interpret data presented in tables and graphs;

 

f.  Draw conclusions and inferences from data;

 

g.  Apply scientific concepts and skills in solving real problems and in everyday situations;

 

h.  Communicate observations and experimental results both quantitatively, through the use of mathematical relationships, and qualitatively, in clear and concise spoken or written language;

 

i.  Appreciate the unifying concepts and principles within the natural sciences;

 

j.  Be aware of the philosophical, ethical, legal, political, and economic impacts of science and technology;

 

k.  Acquire an understanding of the history of science and the realization that science is a human endeavor; and

 

l.  Be aware of concerns about the current and future impacts of science and technology on society and the environment.

 

          (f)  Science courses in high schools shall teach the fundamentals of science and incorporate all of the content-specific components listed in (e) above and as many of the other non-course frameworks and concepts, including, but not limited to, science as inquiry/science and technology and society/unifying themes, as are appropriate.

 

          (g)  High school science courses shall be designed to prepare students for meeting or exceeding the end of grade 10 proficiencies in science consistent with RSA 193-C:3, III, regardless of the grade in which the course occurs.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306); amd by #12845, eff 8-9-19

 

          Ed 306.46  Social Studies Program.

 

          (a)  Pursuant to Ed 306.26, the local school board shall require that a social studies program in each elementary school grade, excluding kindergarten, and excepting Holocaust and genocide education, as applicable pursuant to Ed 306.26(h) which is to be implemented no later than 8th grade, provides:

 

(1)  Opportunities for students to:

 

a.  Acquire knowledge and understanding of civics, economics, geography, history, and Holocaust and genocide education, as applicable pursuant to Ed 306.26(h), in a program consistent with the requirements under RSA 193-C:3, III; and

 

b.  Become familiar with the skills of decision making, data gathering, and critical thinking;

 

(2)  Pursuant to RSA 186:13, opportunities to practice citizenship in the school and community;

 

(3)  Pursuant to RSA 189:11, instruction in history and government and the constitutions of the United States and New Hampshire; and

 

(4)  Opportunities for students to acquire the knowledge, skills, and attitudes necessary for effective participation in the life of the community, the state, the nation, and the world.

 

          (b)  Pursuant to Ed 306.26, the local school board shall require that a social studies program in each middle school provides:

 

(1)  Opportunities for students to acquire knowledge and understanding of civics, economics, geography, history, and Holocaust and genocide education, as applicable pursuant to Ed 306.26(h), in a program consistent with RSA 193-C:3, III;

 

(2)  Pursuant to RSA 186:13, opportunities to practice citizenship in the school and community;

 

(3) Pursuant to RSA 189:11, instruction in history and government and the constitutions of the United States and New Hampshire; and

 

(4)  Systematic instruction and activities designed to enable students to:

 

a.  Acquire and use information to clarify issues and seek solutions to societal problems;

 

b.  Value and apply critical thinking, interpersonal relations, and decision-making skills in both individual and group problem-solving situations;

 

c.  Participate in and contribute to the well-being of the home and school as well as the larger communities of the state, nation, and world; and

 

d.  Become familiar with careers in history, the humanities, and the social sciences.

 

          (c)  Pursuant to Ed 306.27, the local school board shall require that a social studies program in each high school provides:

 

(1)  Opportunities for students to acquire knowledge and modes of inquiry in the areas of civics, economics, geography, world history, United States and New Hampshire history, and Holocaust and genocide education pursuant to Ed 306.27(ai), in a program consistent with RSA 193-C:3, III, including the related areas of sociology, anthropology, and psychology;

 

(2)  Opportunities for students to acquire the knowledge, skills, and attitudes necessary for effective participation in the life of the community, the state, the nation, and the world;

 

(3)  Pursuant to RSA 186:13, opportunities to practice citizenship in the school and community;

 

(4)  Courses totaling at least 5 credits in social studies comprised of offerings in each of the following areas:

 

a.  At least one credit in national and state history pursuant to RSA 189:11;

 

b.  At least one credit in world history or global studies;

 

c.  At least one credit in geography;

 

d.  At least ˝ credit in United States and New Hampshire government/civics;

 

e.  At least ˝ credit in economics; and

 

f.  At least one credit, which may be interdisciplinary or integrated, to be chosen from the areas of geography, economics, world history, civics/government, state or national history or both, or behavioral studies; and

 

(5)  Systematic instruction and activities designed to enable students to acquire the skills of critical thinking, effective decision making, and human relations.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306); amd by #12845, eff 8-9-19; ss by #13394, eff 6-10-22

 

          Ed 306.47  Technology/Engineering Education Program.

 

          (a)  Technology/engineering education is the discipline devoted to the study of human invention and innovation and their influence on our natural and human-made environment.

 

          (b)  The local school board shall require that a technology/engineering education program in each middle school provides:

 

(1)  Opportunities for students to develop an understanding of the technological world in which they live and will someday work;

 

(2)  Opportunities for students to develop positive attitudes and knowledge about present and future technologies in 3 or more of the following content areas:

 

a.  Medical technologies;

 

b.  Agricultural;

 

c.  Biotechnologies;

 

d.  Energy and power technologies;

 

e.  Information and communications technologies;

 

f.  Transportation technologies;

 

g.  Manufacturing technologies;

 

h.  Construction technologies; and

 

i.  New and emerging technologies;

 

(3)  Opportunities for students to develop a knowledge and understanding of how social forces like demographics and prevailing economic systems can influence the free-enterprise system and the global marketplace;

 

(4)  Opportunities to promote the development of problem-solving skills as well as basic skills in planning, design, fabrication, and evaluating technical processes technology/engineering principles and design, encouraging those habits of mind necessary to be a lifelong learner; and

 

(5)  Systematic instruction and activities designed to enable students to:

 

a. Acquire an understanding of technical processes, the practical application of mathematics and scientific principles, and the interrelationships between technology/engineering education and other academic disciplines in the school curriculum;

 

b.  Be aware of the right to, and the knowledge of what constitutes, safe work environments as well as the safe and appropriate use of tools, small machines, and processes;

 

c.  Understand industry and technology, their systematic structures, and their place in our culture;

 

d.  Understand the technological systems model requiring inputs, processes, outputs and feedback, where the processes include the resources of people, information, tools, energy, capital, time, materials;

 

e.  Learn leadership and group-process skills;

 

f.  Recognize and build upon individual talents and interests; and

 

g.  Become familiar with opportunities and requirements for careers in new and emerging technologies like medicine, agriculture, biotechnology, energy and power, information and communications, transportation, manufacturing, and construction.

 

          (c)  The local school board shall require that a technology/engineering education program in each high school provides:

 

(1)  Opportunities for students to develop insight, understanding, and application of technological concepts, processes, and systems;

 

(2)  Opportunities for students to develop safe and efficient habits in the application of tools, materials, machines, processes, and technical concepts;

 

(3)  Planned activities designed to increase students' knowledge and skills related to technologies like medicine, agriculture, biotechnology, energy and power, information and communications, transportation, manufacturing, and construction;

 

(4)  Courses totaling at least 4 credits in technology/engineering education with a minimum of one credit offered in 3 of the 4 areas of:

 

a.  Energy and power technologies, including electricity, electronics, power mechanics, transportation, alternative energy, and energy conservation;

 

b.  Process technologies, including manufacturing, construction, wood, metal, medical, agricultural, and biotechnology;

 

c.  Communication and information technologies, including engineering graphics/CAD fundamentals, architectural design including modeling and the virtual environment, photography, printing, desktop publishing, graphic arts and design; and

 

d.  Engineering principles and design; and

 

(5)  Systematic instruction and activities designed to enable students to:

 

a.  Understand the factors of production, including capital, labor, and management, in relation to industrial organization, systems and structure;

 

b.  Utilize the engineering design process to propose, build, test and assess technological problems in a systematic and economically sound manner;

 

c.  Develop skills in specific machine and tool operations;

 

d.  Plan, design, produce and/or use measuring instruments, jigs, fixtures, and templates to control, test and assess parts of a technological process;

 

e.  Use a variety of problem-solving tools to develop and apply critical thinking skills to technological problems;

 

f.  Exhibit an understanding for the importance of using resources in a way that is economical, efficient and respectful of our shared environment;

 

g.  Develop those habits of mind necessary to a lifelong learner such as the ability to question, investigate, design, experiment, and evaluate; and

 

h.  Develop leadership abilities required in a technological society such as communication, cooperation, and collaboration with individuals and groups.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306)

 

          Ed 306.48  World Languages Program.

 

          (a)  The local school board may provide instruction in one or more world languages in an elementary school. The extent of this instruction and the students to whom it is offered shall be determined by local school board policy.

 

          (b)  Pursuant to Ed 306.26 the local school board may provide supplemental instruction in one or more world languages in a middle school.

 

          (c)  If world language instruction is offered, the program shall be designed to provide: 

 

(1)  Opportunities for students to develop a basic proficiency in a second language or to explore 2 or more languages other than English;

 

(2)  Instruction which emphasizes basic competency in the 4 skills of listening comprehension, reading, speaking, and writing;

 

(3)  Activities designed to make students aware of the culture of the countries in which the language(s) is/are spoken; and

 

(4)  Systematic instruction and activities designed to enable students to:

 

a.  Gain basic linguistic knowledge in one or more second language(s);

 

b. Acquire basic communicative competence by applying the skills of listening comprehension, speaking, reading, and writing;

 

c.  Understand the contributions of other cultures and compare elements of those cultures with American culture;

 

d.  Recognize and respect linguistic and cultural differences and be enriched by other societies' contributions to the human experience;

 

e.  Be aware of the concept of global interdependence; and

 

f.  Become familiar with the relationship between second language skills and future career choices.

 

          (d)  Pursuant to Ed 306.27, the local school board shall require that a world language program in each high school provides:

 

(1)  Opportunities for students to become familiar with the linguistic and cultural elements of classical and/or modern languages;

 

(2)  Opportunities for students to develop a knowledge and understanding of the skills necessary for effective communication in the language(s) studied as well as an understanding of the nature and contributions of the related culture(s); and

 

(3)  Systematic instruction and activities designed to enable students to:

 

a. Acquire progressive proficiency in the skills of listening comprehension, speaking, reading, writing and structural analysis;

 

b.  Increase knowledge and understanding of the countries, cultures, and attitudes of

the peoples whose languages are being studied;

 

c.  Appreciate one's own cultural heritage;

 

d.  Plan education and career development in areas related to world languages; and

 

e.  Develop career and technical interests and activities associated with the study

and use of world languages.

 

          (e)  Each high school shall offer courses totaling 5 credits comprised of a 3-year sequence in one world language and a 2-year sequence in a second world language.

 

          (f)  American Sign Language (ASL) shall qualify as a world language for purposes of this section and for the purpose of meeting a high school world language graduation requirement.

 

Source.  #5546, eff 7-1-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8354, eff 7-1-05; ss by #10556, eff 3-27-14; ss by #10870, EMERGENCY, eff 6-29-15, EXPIRED: 12-26-15; ss by #11020, eff 1-8-16 (See Revision Note at part heading for Ed 306)

 

          Ed 306.49  Holocaust and Genocide Education Program.

 

          (a)  Pursuant to Ed 306.26, the local school board shall require that a Holocaust and genocide education program in each school grade, to begin no later than 8th grade, provides:

 

(1)  Integrated, developmentally appropriate instruction in Holocaust and genocide education as described in RSA 193-E:3-a, II-a. through II-c. including:

 

a.  An understanding of the terms "genocide" and "Holocaust", as defined by RSA 193-E:3-a, II-a. and II-b.;

 

b.  An understanding of:

 

1.  The difference between events that constitute genocide and other types of mass atrocities including, but not limited to, crimes against humanity, war crimes, and ethnic cleansing;

 

2.  Genocides recognized by the determinations of lawfully constituted courts including, but not limited to, the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Court of Justice (ICJ);

 

3.  Instances of mass atrocities where application of the term genocide is contested including, but not limited to, Dekulakization, the Ukrainian terror-famine, the Great Terror, Khmer Rouge atrocities other than those directed at Cham Muslims and the ethnic Vietnamese minority, and the Native American experience during colonization;

 

4.  Ongoing events that may constitute crimes against humanity, war crimes, ethnic cleansing, or genocide; and

 

5.  Instances where the US government has made public statements that genocide has occurred, including, but not limited to, Armenia, Bosnia, Rwanda, Iraq, Darfur, ISIS-controlled areas, and Uighurs;

 

c.  Historical facts about the causes and events of the Holocaust and other genocides; and

 

d.  How and why political repression, intolerance, bigotry, antisemitism, and national, ethnic, racial, or religious hatred and discrimination have, in the past, evolved into genocide and mass violence;

 

(2)  Opportunities for students to develop a knowledge and understanding of the impact of political repression, intolerance, and bigotry through developmentally appropriate activities that include concrete experiences and interactions with, but not limited to, primary documents, witness testimony, historical documents, and mixed media; and

 

(3)  Instruction and activities designed to enable students to:

 

a.  Analyze and understand that democratic institutions and values are not automatically sustained, but need active civic responsibility and engagement;

 

b.  Identify and evaluate how political repression, intolerance, bigotry, antisemitism, and national, ethnic, racial, or religious hatred and discrimination can evolve into genocide and mass violence, such as the Holocaust, and how to prevent the evolution of such practices; and

 

c.  Identify and evaluate the power of individual choices in preventing political repression, intolerance, bigotry, antisemitism, and national, ethnic, racial, or religious hatred.

 

          (b)  Each district shall incorporate instruction in Holocaust and genocide education into at least one existing social studies, world history, global studies, or US history course required as a condition of high school graduation for all students.

 

Source.  #13394, eff 6-10-22

 

PART Ed 307  MANIFEST EDUCATIONAL HARDSHIP

 

         Ed 307.01  Change of School Assignment.

 

          (a)  “Approved as a school tuition program” means “approved as a school tuition program,” as defined in RSA 193:3, VII.   The term also includes “approved private school.”       

 

          (b)  Any person having custody of a child may apply to the school board of residence to change the child’s school assignment if the person having custody thinks that the child’s attendance at the assigned school will result in a manifest educational hardship to the child.

 

          (c)  A person having custody of said child may apply for a change of school assignment to:

 

(1)  Attend another public school, public academy, or an approved private school in the same district; or

 

(2)  Attend a public school, public academy, or an approved private school in another district.

 

          (d)  To establish a manifest educational hardship, as set forth in (g)(1)-(3), the person having custody shall demonstrate that attendance at the assigned school will have a detrimental effect on the child’s education.  The person having custody may also demonstrate that another public school, public academy, or approved private school, either within the district or in another district, can reasonably meet the child’s educational needs.

 

          (e)  Each school board shall establish a written policy, which authorizes the school board to act, with the recommendation of the superintendent, on an application to change a child’s school assignment to another public school, public academy, or an approved private school within the district or to request a change of assignment to a public school, public academy, or an approved private school in another district when a manifest educational hardship has been demonstrated.

 

          (f)  Upon receipt of a request from a person having custody for a change of a child’s school assignment based on a claim of a manifest educational hardship, the school board shall order a hearing, pursuant to their local rules, within 30 days.

 

          (g)  The local school board shall issue a finding of manifest educational hardship if it determines that there is clear and convincing evidence that:

 

(1)  A compelling amount of a child’s academic, physical, personal, or social needs cannot be met by the assigned school or are not found within the student body of the assigned school;

 

(2)  The attendance at the assigned school will impair the educational progress of the child; and

 

(3)  Another public school, public academy, or an approved private school either within the district or in another district, can reasonably meet the child’s educational needs.

 

            (h)  If a school board determines that manifest educational hardship has been found, the school board shall issue a waiver of the school assignment and the child shall be reassigned to a public school, public academy, or an approved private school in the district or in another district, which can reasonably meet the child’s educational needs.

 

          (i)  If a person having custody is aggrieved by the decision of the school board, he or she may appeal to the state board in accordance with the provisions of Ed 200.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; rpld by #5546, eff 7-1-93; rsvd by #6366, eff 10-30-96; ss by #13718, eff 8-11-23

 

PART Ed 308 - RESERVED

 

Source.  #2055, eff 6-16-82; amd by #2480, eff 9-19-83; ss by #2714, eff 5-16-84; ss by #4253, eff 4-8-87; amd by #4471, eff 8-12-88; amd by #4883, eff 7-27-90; rpld by 5546, eff 7-1-93; rsvd by #6366, eff 10-30-96

 

PART Ed 309 - RESERVED

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96

 

New.  Rsvd by #6366, eff 10-30-96

 

PART Ed 310  DEVELOPMENTALLY APPROPRIATE DAILY PHYSICAL ACTIVITY PROGRAM

 

          Ed 310.01  Purpose.  The purpose of this rule is to offer a model physical activity policy to school boards which promotes increased physical activity for all students K-12.    

 

Source.  #8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

 

          Ed 310.02  Definitions.  Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 310:

 

          (a)  “Chronic inactivity” means an ongoing sedentary lifestyle;

 

          (b)  “Developmentally appropriate daily physical activity” means physical activity that is suitable for the cognitive age and individual characteristics of students;

 

          (c)  “Exercise” means bodily exertion to develop or maintain physical fitness in the form of strength, flexibility, and aerobic capacity;

 

          (d)  “Health risks” means factors that increase a person’s chance of suffering illness, injury, or premature death; and

 

          (e)  “Other related health problems” means:

 

(1)  Physical illnesses;

 

(2)  Psychological illnesses; and

 

(3)  Injuries.

 

Source.  #8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

 

          Ed 310.03  Developmentally Appropriate Daily Physical Activity Policy.

 

(a)  Each local school board shall adopt a written policy relative to developmentally appropriate physical activities and exercise.  

 

(b)  Each local school board shall:

 

(1) Recommend that all the public schools in the school district implement the policy; and  

 

(2)  Ensure the policy is communicated to students, staff, and parents.

 

(c)  The policy shall recommend that all students in elementary school through high school participate in developmentally appropriate physical activity and exercise for a minimum of 30 to 60 minutes each day as a way to minimize the health risks created by chronic inactivity and other related health problems.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96

 

New.  RSVD by #6366, eff 10-30-96

 

New.  #8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

 

          Ed 310.04  Components of Developmentally Appropriate Daily Physical Activity Policy.

 

          (a)  The developmentally appropriate daily physical activity policy adopted by each local school board shall include at a minimum the following recommended practices:

 

(1)  Encourage parents and guardians to support their children’s participation in enjoyable physical activities, and recognize that parents and guardians act as role models for active lifestyles;

 

(2)  Support special programs such as:

 

a.  Student and staff walking programs;

 

b.  Family fitness events; and

 

c.  Events that emphasize lifelong physical activity;

 

(3)  Encourage the integration of health and physical activity across the school curriculum;

 

(4)  Encourage student-initiated activities that promote inclusive physical activity on a school-wide basis;

 

(5)  Support committing adequate resources that include:

 

 a.  Program funding;

 

b.  Personnel;

 

c.  Safe equipment; and 

 

d.  Facilities;

 

(6)  Encourage professional development opportunities for all school staff that shall:

 

a.  Assist them to effectively promote enjoyable and lifelong physical activity among youth; and 

 

b.  Assist them in recognizing their influence as role models for active lifestyles;

 

(7)  Establish relationships with community recreation and youth sports programs and agencies to coordinate and complement physical activity programs;

 

(8)  Encourage physical activity recess periods; and

 

(9)  Support a tracking and evaluation method to ensure that all students are engaging in developmentally appropriate daily physical activity.

 

(b)  The developmentally appropriate daily physical activity policy in (a) above shall be in addition to, and shall not be a replacement for, the physical education program requirement in Ed 306.

 

Source.  #8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

 

PART Ed 311  SCHOOL HEALTH SERVICES

 

          Ed 311.01  School Immunization Program.

 

          (a)  A parent or legal guardian shall have a child immunized against certain diseases as determined in rules He-P 301.14, Immunization Requirements, adopted by the commissioner of the department of health and human services.

 

          (b)  A child shall be exempt from immunization in accordance with RSA 141-C:20-c.

 

          (c)  A child who is exempt from immunization in accordance with (b) shall not attend school during an outbreak of a communicable disease for which immunization is required under RSA 141-C:20-a.

 

          (d)  If a child is not immunized as in Ed 311.01(a), does not have a religious or medical exemption, or is unable to provide evidence of acceptable immunization for conditional enrollment, he/she shall not be admitted to school.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

          Ed 311.02  Medication During School Day.

 

          (a)  For the purpose of this rule “school day” means any time during the day, afternoon, or evening when a child is attending school or other school related activity.

 

          (b)  Any pupil, who is required to take during the school day a medication prescribed by a licensed physician, advanced registered nurse practitioner, licensed physician's assistant or dentist, shall have a school nurse either assist the student to take the medication or administer the medication.

 

          (c)  This duty may also be undertaken by a RN or LPN under the direction of the school nurse.

 

          (d)  The school nurse may delegate the administration of medications, if appropriate to others pursuant to RSA 326-B Nurse Practice Act and Nur 404.

 

          (e)  Asthma inhalers and epinephrine auto injectors may be possessed by a student and self-administered in accordance with RSA 200:42 through RSA 200:47.

 

          (f)  If the school nurse is not available the building principal or designee may assist students in taking required medications by:

 

(1)  Making such medications available to the student as needed; 

 

(2)  Observing the student as he/she takes or does not take his/her medication; and

 

(3)  Recording whether the student did or did not take his/her medication.

 

          (g)  Upon receiving a request from the parent, guardian, or physician relative to a particular student's need for medication during school hours, the school nurse may contact the parent, or guardian to discuss whether the student should remain at home, or whether the medication should be taken before, during, and/or after school.  The nurse may also inquire about any other medical conditions requiring medications and any special side effects, contraindications and adverse reactions to be observed.

 

          (h)  Each local school board, with the advice of the school nurse(s) and school physician if available shall establish specific policy and procedures to give protection and controls to the matter of medications in schools.

 

          (i)  In order for prescription medications to be given at the school, the following shall occur:

 

(1) The school nurse shall ensure that a written statement from the licensed prescriber containing the following be in the student's health record:

 

a.  The student's name;

 

b.  The name and signature of the licensed prescriber and contact  numbers;

 

c.  The name, route and dosage of medication;

 

d.  The frequency and time of medication administration or assistance;

 

e.  The date of the order; and

 

f.  A diagnosis, if not a violation of confidentiality;

 

(2) The school nurse shall ensure that there is written authorization by the parent and/or guardian which contains:

 

a.  The parent and/or guardian's printed name and signature;

 

b. A list of all medications the student is currently receiving, if not a violation of confidentiality or contrary to the request of the parent, guardian or student that such medication be documented; and

 

c.  Approval to have the school nurse or designee administer the medication, the student to possess and self-administer and/or the principal or his designee assist the student with taking the medication; and

 

(3)  The school nurse shall ensure the authorization or other accessible documentation contains:

 

a.  The parent and/or guardian's home and emergency phone number(s); and

 

b.  The names of persons to be notified in case of a medication emergency in addition to the parent or guardian and licensed prescriber.

 

          (j)  The school nurse shall develop a system of documenting and communicating significant observations relating to prescriptions, medication's adverse reactions, and other harmful effects, to the child's parent or guardian and/or licensed prescriber.

 

          (k)  The school nurse shall develop and implement procedures regarding receipt and safe storage of prescription medications.

 

          (l)  A parent, guardian or a parent/guardian-designated, responsible adult shall deliver all medication to be administered by school personnel to the school nurse or other responsible person designated by the school nurse as follows:

 

(1)  The prescription medication shall be in a pharmacy or manufacturer labeled container;

 

(2)  The school nurse or other responsible person receiving the prescription medication shall document the quantity of the prescription medication delivered; and

 

(3)  The medication may be delivered by other adult(s), provided, that the nurse is notified in advance by the parent or guardian of the delivery and the quantity of prescription medication being delivered to school is specified.

 

          (m)  All medications shall be stored in their original pharmacy or manufacturer labeled containers and in such manner as to render them safe and prevent loss of efficacy.  A single dose of medication may be transferred from this container to a newly labeled container for the purposes of field trips or school sponsored activities.

 

          (n)  All medication to be administered by the school nurse shall be kept in a securely-locked cabinet which is kept locked except when opened to obtain medications.  Medications requiring refrigeration shall be stored in a locked box in a refrigerator maintained at temperatures of 38 degrees to 42 degrees.  Emergency medications may be secured in other locations readily accessible only to those with authorization.

 

          (o)  No more than a 30-school day supply of the prescription for a student shall be stored at the school.

 

          (p)  Non-prescription medication shall be given only with the written authorization of the parent and/or guardian and if this is in accordance with school policy.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #9158, eff 5-16-08; ss by #10649, eff 7-26-14

 

          Ed 311.03  Physical Examination of Students.  Schools shall accept documentation of a student's physical examination, provided:

 

          (a)  The examination has been performed within the past year; or

 

          (b) If an examination has not been performed within the past year, the school shall accept documentation of an appointment for a physical examination with a licensed physician, advanced registered nurse practitioner or physician's assistant within a time determined by the school district for conditional enrollment.

 

Source.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

PART Ed 312  STATEWIDE EDUCATIONAL IMPROVEMENT AND ASSESSMENT PROGRAM - EXPIRED

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #3064, eff 7-19-85; EXPIRED 6-25-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05 (See Ed 306.24)

 

PART Ed 313 - RESERVED

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

 

New.  Rsvd by #6366, eff 10-30-96

 

PART Ed 314 - RESERVED

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

 

New.  Rsvd by #6366, eff 10-30-96

 

PART Ed 315  HOME EDUCATION

 

Statutory Authority:  RSA 193:1, RSA 193-A, RSA 21-N

 

Revision Note:

 

          Document #5192, effective 7-24-91, made extensive changes to the wording and format of Part Ed 315.  Document #5192 supersedes all prior filings for the sections in this part.  The filings prior to Document #5192 for former Part Ed 315 include the following documents:

 

                  #2055, eff 6-16-82

                  #2625, eff 3-8-84

                  #2714, eff 5-16-84; EXPIRED 5-16-90

                  #4851, eff 6-25-90

                  #5192, eff 7-24-91

 

          Please note that the rules in Part Ed 315 were out of effect between 5-16-90 and 6-25-90.

 

Ed 315.01  Statement of Purpose.  The purpose of Ed 315 is to provide a process for uniform application of the requirements of RSA 193-A.  These rules take into account the fact that home education is an alternative to attendance at a public or nonpublic school and is an individualized form of instruction in accordance with chapter 279:2, laws of 1990.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; amd by #5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23

 

Ed 315.02  Definitions.  In addition to the words defined in RSA 193-A:1, the following words shall have the meanings indicated when used in Ed 315:

 

(a)  “Certificate of completion” means a document signed by the parent of a home educated child certifying that the child has achieved the equivalent of a high school diploma by completing a home education program;

 

(b)  “Commissioner” means the commissioner of the New Hampshire department of education;

 

(c)  “Department” means the New Hampshire department of education;

 

(d)  “Educational progress” means growth in learning commensurate with age, ability, or disability within the child’s individual home education program chosen by the parent;

 

(e)  Home education” means instruction in science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music as provided, coordinated, or directed by a parent for his or her own child.

 

(f)  “Participating agency” means the resident district superintendent, the commissioner, or a participating nonpublic school principal;

 

(g)  “Teacher” means a person who holds a teaching credential issued by the New Hampshire state board of education, is licensed in a state which is a party to the interstate contract or is currently teaching in a nonpublic school.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23

 

Ed 315.03  Eligibility and Program Schedule.

 

(a)  A parent shall be eligible under these rules to establish a home education program for a child, including those defined under RSA 186-C:2, I, and I-a.

 

(b)  Pursuant to RSA 193:1, I(b), home education shall be an alternative to compulsory attendance at a public school. Dates and hours of instruction shall not be required to coincide with the resident district calendar.  The academic term of a home education program shall not be required to coincide with the resident district academic year.

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #9723, eff 6-11-10; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23

 

Ed 315.04  Participating Agencies: Duties and Authority.

 

(a)  A parent shall select, as a participating agency for home education program notification and support, one of the following:

 

(1)  The commissioner;

 

(2)  The resident district superintendent; or

 

(3)  The head of a nonpublic school.

 

         (b)  A parent may select a new participating agency at any time.  If a parent selects a new participating agency, the parent shall notify the new participating agency in accordance with Ed 315.05 and Ed 315.06.

 

(c)  Pursuant to RSA 193-A:4, II, the selected participating agency shall work with parents upon request in meeting the requirements of RSA 193-A:4, I.

 

         (d)  A participating nonpublic school shall agree to administer the provisions of RSA 193-A and Ed 315, shall not be required to be in the resident district, and may require a fee for any request for assistance by the parent.

 

(e)  No fee shall be required when a test utilized in the resident district is administered to the student by the resident district.

 

(f)  A resident district acting as the participating agency may charge fees for any mutually agreed upon alternative used to satisfy the requirements of RSA 193-A or Ed 315, including, but not limited to, portfolio review.

 

(g)  Pursuant to RSA 193-A:11, the commissioner or resident district acting as the participating agency shall not propose, adopt, or enforce any policy or procedure governing home educated pupils that is inconsistent with or more restrictive than the provisions of RSA 193-A, RSA 193:1-c, or the rules of Ed 315.

 

(h)  On October 1 of each year, the participating agency shall notify the commissioner of the number of children for whom programs were established since the previous report.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #9723, eff 6-11-10; ss by #9723, eff 6-11-10; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23

 

Ed 315.05  Notification Requirements.

 

         (a)  A parent shall provide notification of a home education program pursuant to RSA 193-A:5 to comply with the compulsory attendance requirements of RSA 193:1.

 

(b)  The parent of a student currently enrolled in a public school shall advise the resident district superintendent of the child’s withdrawal from attendance in public school on or before the date the home education program shall begin.

 

(c)  A parent shall notify the selected participating agency in writing within 5 business days of commencing a home education program. Only the information enumerated in RSA 193-A:5, II shall be required in the notice.  The parent shall provide contact information and update the notification information as necessary.

 

(d)  Any parent who previously notified the resident district superintendent of a home education program who moves from said district shall notify the original resident district superintendent that the child has moved from the district and shall provide notification pursuant to (c) above.

 

(e)  Within 14 days of receipt of the notification, a participating agency shall acknowledge receipt of the notification in accordance with the contact information provided by the parent, along with a request for any information required by RSA 193-A:5, II that was not included in the original notice.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #9723, eff 6-11-10; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21 (formerly Ed 315.04); ss by #13745, eff 9-15-23

 

         Ed 315.06  Notification – Termination of a Home Education Program. A home education program shall remain in effect unless terminated in writing by the parent. A parent wishing to terminate a home education program shall notify  the participating agency in writing within 15 days of termination while also satisfying any one of the alternatives for compulsory attendance listed in RSA 193:1.

 

Source.  #5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23

 

Ed 315.07  Records.

 

(a)  In accordance with RSA 193-A:6, the parent shall keep a portfolio each year the child is being home educated.

 

(b)  The portfolio shall be the property of the parent. Access to the portfolio shall be at the parent’s discretion, except as provided in RSA 193-A:6.

 

Source.  #5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21 (formerly Ed 315.06); ss by #13745, eff 9-15-23

 

Ed 315.08  Annual Evaluation.

 

(a)  The parent shall provide for an annual evaluation for a child that meets the requirements of the options enumerated in RSA 193-A:6, II. 

 

(b)  The resident district superintendent, when acting as the participating agency, shall provide evaluation services, upon request of the parent. If the resident district superintendent is not acting as the participating agency, the resident district superintendent may provide evaluation services.

 

(c)  A parent intending to use the state or local assessment provided by the resident district shall notify the resident district superintendent in writing as soon as practicable to provide the district adequate time to prepare and obtain the testing materials.

 

(d)  If a parent chooses to have a portfolio review as the method of evaluation pursuant to RSA 193-A:6, II(a), the parent may choose a teacher who agrees to perform evaluation services, or the parent may request the evaluation to be performed through the resident district superintendent when the resident district superintendent is acting as the participating agency.

 

(e)  The contents of the portfolio shall comply with the requirements of RSA 193-A:6, I and include the following:

 

(1)  The name and address of the teacher, including state recognized documentation of certification, or the name and address of the nonpublic school in which the teacher is currently teaching;

 

(2)  The date(s) on which the evaluation(s) took place;

 

(3)  A description of the work reviewed;

 

(4)  A summary of the child’s educational progress in the home education program concluding with a statement that the child has or has not made educational progress; and

 

(5)  The signatures of the teacher and the parent.

 

(f)  The parent may choose any other valid measurement tool mutually agreed upon by the parent and the participating agency as provided for in RSA 193-A:6, II(d), including but not limited to:

 

(1)  Interview;

 

(2)  Educational progress in a particular curriculum as measured by the parent;

 

(3)  Educational progress in a particular curriculum as measured by the provider;

 

(4)  Review of the child’s portfolio by a participating agency;

 

(5)  Evaluation by a teacher in a program recognized by any state department of education; or

 

(6)  Specially prepared tests or evaluations measuring educational progress in a particular subject or curriculum.

 

Source.  #5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21 (formerly Ed 315.07); ss by #13745, eff 9-15-23

 

Ed 315.09  The Home Education Advisory Council.

 

(a)  The home education advisory council shall carry out those duties assigned to it by the commissioner. The council shall work with home educators and representatives of private and public education to encourage an understanding of home education.

 

(b)  The home education advisory council shall comply with RSA 91-A. Minutes of home education advisory council meetings shall be maintained by the department.

 

(c)  Assigned areas of responsibility for the council shall include the following:

 

(1)  Developing and maintaining effective communications between home educators and those public and nonpublic schools and state and local agencies involved in home education;

 

(2)  Recommending to the commissioner and state board of education desired changes in rules pertaining to home education;

 

(3)  Establishing a grievance committee to hear grievances referred to it by the commissioner; and

 

(4)  Providing an annual report to the state board on its activities.

 

Source.  #5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #10557, eff 3-27-14 (from Ed 315.11); ss by #13158, eff 1-15-21 (formerly Ed 315.08); ss by #13745, eff 9-15-23

 

Ed 315.10  Membership Selection For the Home Education Advisory Council and Term of Appointment.

 

(a)  Membership selection for the home education advisory council shall be as specified in RSA 193-A:10, I. Council chair selection shall be as specified in RSA 193-A:10, III.

 

(b)  Members appointed by the commissioner shall have a term of 3 years, and such terms shall end on August 31 of the year in which the term is completed. Legislative members shall serve a term which is coterminous with their elected office and will be non-voting members of the council.

 

(c)  The conduct of business shall not depend on the maintenance of full council membership.

 

(d)  In the event of vacancies, replacement members shall be appointed as required under RSA 193-A:10 to fill the unexpired term.

Source. (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12 (from Ed 315.12); ss by #10557, eff 3-27-14 (from Ed 315.12); ss by #13158, eff 1-15-21 (formerly Ed 315.09); ss by #13745, eff 9-15-23

 

Ed 315.11  Funding and Support of Council Activities.  The members of the home education advisory council shall serve without compensation. Subject to available funds, the department shall financially support the activities of the council, including but not limited to such expenses as mileage, secretarial assistance, and meeting facilities.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14 (from Ed 315.13); ss by #13158, eff 1-15-21 (formerly Ed 315.10); ss by #13745, eff 9-15-23 (formerly Ed 315.12)

 

Ed 315.12  Grievance Committee.

 

(a)  The grievance committee shall be a subcommittee of the home education advisory council appointed by the chairperson, consisting of no more than 5 members, a majority of whom shall be representatives of home education associations. One member of the grievance committee shall be appointed by the chairperson to preside at grievance conferences.

 

(b)  The grievance committee shall hear all grievances referred to it by the commissioner.

 

(c)  The grievance committee shall call upon consultants and conduct interviews for the purpose of gathering relevant facts if the committee lacks relevant expertise. The grievance committee shall keep a written account of its investigations and shall submit such an account, together with its findings, to the commissioner within 30 calendar days of the commissioner’s referral.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #9723, eff 6-11-10; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14 (from Ed 315.14); ss by #13158, eff 1-15-21 (formerly Ed 315.11); ss by #13745, eff 9-15-23 (formerly Ed 315.13)

 

Ed 315.13  Request for Grievance Conference.  Any party to a home education program may request a grievance conference as follows:

 

(a)  Such request shall be in writing to the commissioner;

 

(b)  The request shall state in detail the reasons for the request for a grievance conference and name the parties involved;

 

(c)  The commissioner shall notify the requestor within 5 business days in writing that the commissioner has scheduled a grievance conference in accordance with Ed 314.14 or that the commissioner  requires additional information to clarify the issues;

 

(d)  The requestor shall have 10 calendar days from receipt of the commissioner’s request for additional information to respond with the requested information; and

 

(e)  The commissioner shall, upon receipt of the requested information, forward the request to the chairperson of the home education advisory council who shall schedule a grievance conference in accordance with Ed 314.15(b).

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14 (from Ed 315.15); ss by #13158, eff 1-15-21 (formerly Ed 315.12); ss by #13745, eff 9-15-23 (formerly Ed 315.14)

 

Ed 315.14  Grievance Conference.

 

(a)  Upon receipt of a request concerning an action taken under these rules, the commissioner shall notify the chairperson of the home education advisory council of the request for a grievance conference, and the grievance conference shall then proceed in accordance with this section.

 

(b)  Within 5 business days of the commissioner’s notification of a request for a grievance conference, the chairperson shall schedule the conference with the parties to the grievance.

 

(c)  At the conference, each party shall be prepared to consider:

 

(1)  The simplification of the issues and an agreement of facts;

 

(2)  Possibility of settlement; and

 

(3)  Such other matters as may aid in disposition of the action.

 

(d)  Parties to a grievance may be represented at the conference by counsel.

 

(e)  At the grievance conference the grievance committee shall interview the parties to the grievance to reach a proposed settlement on the facts of the grievance.

 

(f)  The grievance committee shall present its findings on unresolved grievances or report on the proposed settlement reached by the parties to the commissioner within 10 calendar days of the conference.

 

(g)  Any settlement reached at a grievance conference shall be subject to review by the commissioner and shall not be implemented unless it is consistent with these rules and with applicable statutes.

 

(h)  The findings shall list the pertinent facts found by the committee.

 

(i)  If the parties do not reach a settlement prior to, or during, the grievance conference, the commissioner after reviewing the unresolved grievances shall notify the parties of the commissioner’s decision within 10 calendar days of receipt of the committee’s findings.

 

(j)  A party aggrieved by the decision of the commissioner may appeal by requesting an administrative due process hearing in accordance with Ed 200.

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14 (from Ed 315.16); ss by #13158, eff 1-15-21 (formerly Ed 315.13); ss by #13745, eff 9-15-23 (formerly Ed 315.15)

 

Ed 315.15  Certificate of Completion.

 

(a)  Pursuant to RSA 193:1, I(f)(2), when the parent of a child under the age of 18 submits a document to the department certifying that the child has completed the home education program at the high school level, the student shall be determined to have met the requirements for successful completion of a home education program.

 

(b)  The document containing the statement above shall also include the following information:

 

(1)  Name and address of the child;

 

(2)  Name and address of the parents;

 

(3)  Date of completion of the home school program;

 

(4)  A phone number at which the parent can be reached during normal business hours; and

 

(5)  Signature of the parent.

 

(c)  A document that meets all the requirements of (a) and (b) above shall be conclusive evidence of completion of the parent’s duty of compulsory attendance, as set forth in RSA 193:1.

 

(d)  Documentation of receipt shall serve as proof of delivery of such certification.

 

 

Source.  (See Revision Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8262, eff 1-22-05; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14 (formerly Ed 315.18); ss by #13158, eff 1-15-21 (formerly Ed 315.14); ss by #13745, eff 9-15-23 (formerly Ed 315.16)

 

PART Ed 316  PROCEDURE TO MARK DRUG-FREE SCHOOL ZONES

 

          Ed 316.01  Purpose.  The purpose of these rules is to establish procedures whereby drug-free school zone signs are posted.

 

Source.  #5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

          Ed 316.02  Definitions.

 

          (a)  "Approved school bus" means a school bus which meets all the criteria established in RSA 259:96 and complies with the provisions of Saf-C 1301.

 

          (b)  "Drug free school zone" means "drug free school zone" as defined in RSA 193-B:1, II.

 

          (c)  "Local police authority" means police officers having jurisdiction over drug enforcement and appointed by the governing body of the town or city.

 

          (d)  "School administrative Unit (SAU)" means "school administrative unit" as defined in RSA 186:11, I.

 

          (e)  "School" means "school" as defined in RSA 193-B:1, III.

 

          (f)  "School property" means "school property" as defined in RSA 193-B:1, IV.

 

          (g)  "School bus drug-free zone" means the interior of an approved school bus.

 

          (h)  "Temporary drug-free school zone" means an area which extends to 1,000 feet surrounding a facility which is not a school as defined in (e) above but which is used by a school for the duration of the school's instructional program.

 

Source.  #5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

          Ed 316.03  Scope and Application.  Each SAU shall, in consultation with local police authorities, establish the boundaries of each permanent drug-free school zone in conformity with RSA 193-B:3 and shall post such zone in accordance with these rules.

 

Source.  #5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

          Ed 316.04  Map of Drug-Free School Zone.

 

          (a)  Each SAU, in consultation with local police authorities, shall prepare a map indicating the boundaries of each permanent drug-free school zone within the SAU.

 

          (b)  The drug-free school zone shall be measured beginning at the real property boundary of each school.

 

          (c)  In the absence of a legally definable established boundary or where a boundary is unclear, the SAU, for the purposes of this rule, shall establish the real property boundary to be 500 feet from the school building.

 

          (d)  The drug-free school zone shall extend to 1,000 feet from the real property boundary.

 

          (e)  Each school board within the SAU shall approve a map developed in accordance with (a) through (d) above for each school within its district.

 

          (f)  Each SAU shall, in accordance with RSA 193-B:3, publish and make available copies of such map indicating the boundaries of the drug-free school zone.

 

          (g)  Such maps shall be posted, pursuant to RSA 193-B:3, in a prominent place in the district or municipal court of jurisdiction, the local police department, and in each school within the SAU.

 

Source.  #5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

          Ed 316.05  Specifications for and Posting of Signs.

 

          (a)  The department of education shall provide for the manufacture of 3 signs per school and steel post for each sign used to mark each permanent drug-free school zone. Each SAU shall be responsible for posting and maintaining 2 signs per permanent drug-free school zone and one sign to be used to post a temporary drug-free school zone. If an SAU requires replacement signs, such signs shall be available from the department of education. If an SAU acquires additional signs, such signs shall be manufactured and posted in accordance with Ed 316.

 

          (b)  Such signs shall be posted at the main entrance to the school grounds and at the main entrance to the school building. The local police authority and the school principal and/or superintendent of the SAU shall determine where the sign at the main entrance to the school grounds shall be posted and shall post each sign in accordance with the US Department of Transportation Federal Highway Administration, Manual on Uniform Traffic Control Devices Part 7-Traffic Controls for School Areas 2009 Edition PDF version dated May 2012 at www.mutcd.fhwa.dot.gov/kno_2009r1r2.htm, as referenced in Appendix II.

 

          (c)  Each school bus shall have installed in and on an interior surface at the front of the bus, forward of the passenger seating area, a drug-free school zone sign. The department of education shall provide for the manufacture of one sign for each school bus in operation. If an SAU acquires additional busses, signs shall be provided by the department and posted in accordance with this rule.

 

          (d)  The school principal or designee shall be responsible for placing one sign at the temporary drug-free zone location and for assuring that a temporary drug-free school zone sign shall be affixed, fastened, or attached to the exterior of the facility being utilized.  If the temporary drug-free zone does not include a building the sign shall be attached to a temporary post placed at the entrance to the facility.  Such sign shall be posted for at least 1/2 hour before, during, and 1/2 hour after the facility is used as a temporary drug-free school zone. Posting of the drug-free school zone sign at a temporary school zone shall be subject to permission by the owner if the facility is privately owned.

 

Source.  #5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10649, eff 7-26-14

 

PART Ed 317  STANDARDS AND PROCEDURES FOR SUSPENSION AND EXPULSION OF PUPILS INCLUDING PROCEDURES ASSURING DUE PROCESS

 

          Ed 317.01  Purpose.

 

          (a)  These rules provide the minimum requirements to assure due process and statewide uniformity in the enforcement of RSA 193:13 and 193-D relative to disciplinary action of a pupil for:

 

(1)  Gross misconduct;

 

(2)  Neglect or refusal to conform to the reasonable rules of the school; or

 

(3)  Possession of:

 

a.  A pellet gun;

 

b.  Paint ball gun;

 

c.  B B gun;

 

d.  Rifle;

 

e.  A firearm as defined in 18USC 921; or

 

f.  Other dangerous weapon.

 

(4)  An act of theft, destruction, or violence in violation of RSA 193-D:1, et seq.

 

          (b)  These rules also provide a standard that local school boards shall use in adopting and implementing a policy relative to pupil conduct and disciplinary procedures under RSA 193-D:2, II.

 

          (c)  These rules also link discipline and due process to the requirements of Ed 1109 relative to children with disabilities.

 

Source.  #6109, eff 10-28-95; ss by #6366, eff 10-30-96; ss by #6820, eff 9-1-98; amd by #7513, eff 7-1-01; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13

 

          Ed 317.02  Definitions.

 

          (a)  "Expulsion" means the permanent denial of a pupil's attendance at school for any of the reasons listed in RSA 193:13, II and III.

 

          (b)  "Firearm" means "firearm” as defined in section 921 of Title 18 of the US Code;

 

          (c)  “Dangerous weapons " means dangerous weapons listed but not limited to those in RSA 159:16.

 

          (d)  "Gross misconduct" includes, but is not limited to an act which:

 

(1)  Results in injury to another's person or damage to property;

 

(2)  Poses a direct threat to the safety of others in a safe school zone; or

 

(3)  Is identified in RSA 193-D:1, I.

 

          (e)  "Neglect", in the context of RSA 193:13, I and II, means the failure of a pupil to pay attention to an announced, posted, or printed school rule.

 

          (f)  "Pupil" means a student in attendance at a school during the school day or during any school sponsored function.

 

          (g)  "Refusal", in the context of RSA 193:13, I and II means the failure of a pupil to comply with an announced, posted, or printed school rule.

 

          (h)  Safe school zone" means "safe school zone" as defined in RSA 193-D:1, II.

 

          (i)  "School day" means:

 

(1)  For a pupil who takes the school bus, the time period beginning when a pupil boards the bus in the morning to the time when a pupil disembarks from the bus in the afternoon; and

 

(2)  For a pupil who walks to school or arrives by private car, the time period beginning when the pupil arrives on the school grounds to the time when the pupil leaves the school grounds.

 

          (j) "Superintendent" means the school superintendent or chief administering officer, or a representative designated in writing as authorized under RSA 193:13, I.

 

          (k)  "Suspension" means the temporary denial of a student's attendance at school for a specific period of time for gross misconduct or for neglect or refusal to conform to announced, posted, or printed school rules.

 

Source.  #6109, eff 10-28-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13

 

          Ed 317.03  Standard for Expulsion by Local School Board.

 

          (a)  A school board which expels a pupil under RSA 193:13, II or III, shall state in writing its reasons, including the act leading to expulsion, and shall provide a procedure for review as allowed under RSA 193:13, II.

 

          (b)  School boards shall make certain that the pupil has received notice of the requirements of RSA 193-D and RSA 193:13 through announced, posted, or printed school rules.

 

          (c)  If a student is subject to expulsion and a firearm is involved, the superintendent shall contact local law enforcement officials whenever there is any doubt concerning:

 

(1)  Whether a firearm is legally licensed under RSA 159; or

 

(2)  Whether the firearm is lawfully possessed, as opposed to unlawfully possessed, under the legal definitions of RSA 159.

 

          (d)  If a pupil brings or possesses a firearm in a safe school zone without written authorization from the superintendent, the following shall apply:

 

(1)  The superintendent shall suspend the pupil for a period not to exceed 10 days, pending a hearing by the local board; and

 

(2)  The school board shall hold a hearing within 10 days to determine whether the student was in violation of RSA 193:13, III and therefore is subject to expulsion.

 

Source.  #6109, eff 10-28-95; ss by #6366, eff 10-30-96; amd by #6820, eff 9-1-98; ss by #7513, eff 7-1-01; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13

 

          Ed 317.04  Disciplinary Procedures.

 

          (a)  There shall be the following levels of discipline available to school officials enforcing RSA 193:13 relative to the suspension and expulsion of pupils:

 

(1)  A short-term suspension pursuant to RSA 193:13,I(a) is for a period not to exceed 10 school days;

 

(2)  A long-term suspension pursuant to RSA 193:13,I(b)-(c) is for more than 10 days;

 

(3)  An expulsion by the local school board is for a period determined in writing by the board under RSA 193:13, II; and

 

(4)  An expulsion by the local school board is for a period of not less than 12 months under RSA 193:13, III.

 

(b)  The superintendent or the superintendent’s designee shall be authorized to impose a short term suspension.

 

(c)  The school board or its designee shall be authorized to impose a long term suspension, after the imposition of a short-term suspension provided that the designee shall not be the same person who suspended the pupil in (a)(1).

 

          (d)  Prior to the imposition of any suspension or expulsion, each school board shall adopt a policy under RSA 189:15 which prescribes the manner in which the student body shall be informed concerning the content of RSA 193:13 through announced, posted, or printed school rules.

 

          (e)  If the school and school board have met the requirements of paragraph (d) a pupil appealing a local decision to the state board shall not be allowed to claim lack of knowledge of the state law requiring expulsion for bringing or possessing a firearm or other dangerous weapon as defined in these rules.

 

          (f)  Due process in disciplinary proceedings shall include, at a minimum, the following:

 

(1)  In a short-term suspension:

 

a.  The superintendent or designee shall inform the pupil at the outset of the meeting of the meeting’s purpose including the possibility of a short-term suspension;

 

b.  Oral or written notice of the charges and an explanation of the evidence against the pupil, which may be provided at or before this meeting;

 

c.  An opportunity for the pupil to present his/her side of the story;

 

d.  A written statement to the pupil and at least one of the pupil's parents or guardian explaining any disciplinary action taken against the student;

 

(2)  In a long-term suspension of a pupil:

 

a.  Written communication to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, prior to the hearing, of the charges and an explanation of the evidence against the pupil;

 

b.  A hearing in accordance with (f )(3)g.;

 

c.  A written decision which includes the legal and factual basis for the conclusion that the pupil should be suspended;

 

d.  If the hearing was conducted by the school board's designee, the decision may be appealed to the local school board under RSA 193:13, I; and

 

e.  If the hearing was conducted by the school board, the decision may be appealed to the state board;

 

(3)  In an expulsion by the local school board, due process shall include the following minimal requirements:

 

a.  A formal hearing shall be held before any expulsion;

 

b.  Such hearing may be held either before or after the short-term suspension has expired and pending the expulsion hearing;

 

c.  If the hearing is held after the expiration of a short-term suspension, the pupil shall be entitled to return to school after the short-term suspension has expired and pending the expulsion hearing, unless the student is still serving a long-term suspension;

 

d.  The school board shall provide written notice to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, of the date, time and place for a hearing before the local board;

 

e.  The written notice required by d. above shall include:

 

1.  A written statement of the charges and the nature of the evidence against the pupil; and

 

2. A superintendent's written recommendation for school board action and a description of the process used by the superintendent to reach his/her recommendation;

 

f.  This notice shall be delivered to the pupil and at least one of the pupil's parents or guardian at least 5 days prior to the hearing;

 

g.  The following hearing procedures shall apply:

 

1.  The pupil, together with a parent or guardian may waive the right to a hearing and admit to the charges made by the superintendent;

 

2.  If the pupil is 18 years of age or older, the concurrence of a parent or guardian shall be unnecessary unless the pupil is subject to a guardianship which would prevent the pupil from waiving the right to a hearing;

 

3.  Formal rules of evidence shall not be applicable, however, school officials shall present evidence in support of the charge(s) and the accused pupil or his/her parent or guardian shall have an opportunity to present any defense or reply;

 

4.  The hearing shall be either public or private and the choice shall be that of the pupil or his parent or guardian; and

 

5.  During the hearing, the pupil, parent, guardian or counsel representing the pupil, shall have the right to examine any and all witnesses;

 

h.  The decision of the school board shall be based on a dispassionate and fair consideration of substantial evidence that the accused pupil committed the act for which expulsion is imposed and that such acts are, in fact, a proper reason for expulsion;

 

i.  The decision shall state whether the student is expelled and the length of the expulsion;

 

j.  If the decision is to expel the pupil the decision shall include the legal and factual basis for the decision including the specific statutory reference prohibiting that act as listed in RSA 193:13, II;

 

k.  If the student is expelled, the decision shall state that the expulsion runs until the local school board later reviews it and restores the student’s permission to attend school;

 

l.  The decision shall also state any action the student may take to be restored by the board; and

 

m.  The decision shall include a statement that the pupil has the right to appeal the decision to the state board of education.

 

          (g)  Notwithstanding any other deadline in Ed 200 all appeals to the state board from school board decisions under (f),(2) and (f)(3) shall be filed within 20 calendar days of receipt of the written decision of the local school board and shall be in accordance with RSA 541-A and Ed 200.

 

Source.  #6109, eff 10-28-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13

 

          Ed 317.05  Reporting Procedures.

 

          (a)  In accordance with RSA 193-D:4, each written report by a supervisor to the principal relating to an act of theft, destruction, or violence in a safe school zone shall be on standardized form #Ed 317.

 

          (b)  The report by a supervisor to a principal on Form #Ed 317 shall contain all the statutory information required by RSA 193-D:4.

 

          (c)  Form #Ed 317 shall be completed and filed with the local law enforcement authority within 48 hours of such incident.

 

          (d)  Form #Ed 317 shall contain the following information:

 

(1)  School name;

 

(2)  School address;

 

(3)  School telephone number;

 

(4)  Name of school principal;

 

(5)  Date of incident involving an act of theft, destruction, or violence, or the possession of a firearm;

 

(6)  Time of incident in (5) above;

 

(7)  Location of incident in (5) above;

 

(8)  Alleged offense;

 

(9)  Description of incident;

 

(10)  Name of suspect;

 

(11)  Grade in school of suspect;

 

(12)  Address of suspect;

 

(13)  Gender of suspect;

 

(14)  Name of victim;

 

(15)  Grade in school of victim;

 

(16)  Address of victim;

 

(17)  Gender of victim;

 

(18)  Name of employee reporting incident;

 

(19)  Date report was completed by employee;

 

(20)  Date report was filed with local law enforcement authority by school principal.

 

          (e)  A school district reporting a crime committed by a child with a disability shall ensure that copies of the relevant portions of the special education and disciplinary records of the child are made available in a manner that protects the privacy of student records for consideration by the appropriate authorities to whom it reports the crime.

 

          (f)  A school district shall complete and file Form Ed 317-Fed, Report on Students Disciplined Under the Gun Free School Act of 1994, with the commissioner on or before June 30 of each year.

 

          (g)  Form Ed 317-Fed shall contain the following information:

 

(1)  Name of school district;

 

(2)  School name;

 

(3)  Pupil's grade in school;

 

(4)  Type of firearm:

 

a.  Handgun;

 

b.  Rifle/shotgun; or

 

c.  Other firearm;

 

(5)  Number of expulsions modified to less than 12 months;

 

(6)  Number of modifications for students who are not students with educational disabilities;

 

(7)  Number of expulsions which resulted in a referral to an alternative school or program;

 

(8)  Name of Reporting official; and

 

(9)  Signature and date.

 

Source.  #6109, eff 10-28-95; ss by #6366, eff 10-30-96; amd by #6820, eff 9-1-98; ss by #8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05

 

New.  #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13

 

          Ed 317.06  Child With a Disability.  Any suspension or expulsion of a child with a disability as defined in Ed 1102.01(t) shall be in accordance with Ed 1124.01.

 

Source.  #6109, eff 10-28-95; ss by #6366, eff 10-30-96; amd by #6820, eff 9-1-98; ss by #7513, eff 7-1-01; ss by #8583, eff 3-15-06; ss by #10361-B, eff 6-15-13

 

 

PART Ed 318  CHARTERED PUBLIC SCHOOLS

 

REVISION NOTE:

 

          Document #10873, effective 7-1-15, readopted with amendment, and often renumbered, existing rules in Part Ed 318 as rules in Part Ed 318 and Part Ed 319.  Document #10873 also adopted rules in Part Ed 318 and Part Ed 319, as noted below:

 

            Former Rule                                         New Rule

 

            Ed 318.01                                            Ed 318.01

            Ed 318.02                                            Ed 318.02

            Ed 318.03                                            Ed 318.03

            Ed 318.04                                            Ed 318.04

            Ed 318.05                                            Ed 318.05

            Ed 318.06                                            Ed 318.06

            Ed 318.07                                            Ed 318.07

            Ed 318.08                                            Ed 318.08-Ed 318.10

            Ed 318.09                                            Ed 318.11

            Ed 318.10                                            Ed 318.12-Ed 318.14

            (None)                                                 Ed 318.15 (adopted)

            Ed 318.11                                            Ed 318.16

            (None)                                                 Ed 318.17 (adopted)

            Ed 318.13                                            Ed 318.18

            Ed 318.14                                            Ed 318.19

            Ed 318.15                                            Ed 318.20

            (None)                                                 Ed 319.01 (adopted)

            (None)                                                 Ed 319.02 (adopted)

            Ed 318.12                                            Ed 319.03

            (None)                                                 Ed 319.04 (adopted)

 

          The affected existing rules had been filed previously under Document #9066, effective 1-10-08.  The rules did not expire on 1-10-15 but were extended pursuant to RSA 541-A:14-a.  Document #10873 replaces all prior filings for rules in the former Part Ed 318.  The prior filings for rules in the former Part Ed 318 include the following documents:

 

            #6355, eff 10-18-96, EXPIRED 10-18-04

            #6821, eff 9-1-98

            #8206, INTERIM, eff 11-18-04, expired 5-17-05

            #9066, eff 1-10-08

 

Ed 318.01  Purpose and Scope.

 

(a)  The purpose of these rules is to ensure uniform application of RSA 194-B in the establishment and administration of chartered public schools.

 

(b)  The charter school provisions of these rules shall apply to:

 

(1)  Those persons and entities listed in RSA 194-B:3,V, as eligible to establish a charter school;

 

(2)  An existing public school which is eligible to become a charter conversion school in accordance with RSA 194-B:3,VI;

 

(3)  Local school boards authorized to approve charter schools under RSA 194-B:3, II; and

 

(4)  Charter schools authorized under RSA 194-B:3-a.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.02  Definitions.  In addition to the terms defined in RSA 194-B:1, unless context makes another meaning manifest, the following terms shall have the meaning stated:

 

(a)  “Local school board process” means the approval process set forth in RSA 194-B:3, II; and

 

(b) “State board process” means the approval process set forth in RSA 194-B:3-a.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.03  Eligibility.  Persons or entities eligible to apply to establish a charter school shall be organized as a nonprofit corporation in accordance with the provisions of RSA 292. Such corporation shall first establish a prospective board of trustees and prescribe the board's duties in a set of proposed bylaws which shall be consistent with the prospective board duties under RSA 194-B:5.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.04  Application Methods.  There shall be 2 methods of application for a charter school, as follows:

 

(a)  The local school board process in accordance with RSA 194-B:3, III; and

 

(b)  The state board process in accordance with RSA 194-B:3-a.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.05  Waiver Provision.

 

          (a)  For good cause shown, meaning a hardship which is outside of the control of the applicant, a local school board and the state board shall waive any deadlines applying in RSA 194-B:3 to their respective actions for specific periods of time, provided that a request for a waiver shall:

 

(1)  Be in writing and be signed by the waiver applicant;

 

(2)  Specify the provisions of RSA 194-B:3 to be waived, the duration of the waiver, and the hardship which is outside of the control of the applicant which caused the applicant to ask for a waiver; and

 

(3)  Include a certification that the waiver applicant has made a good faith effort to comply with said provisions.

 

          (b)  For the purposes of (a) above, a hardship which is outside of the control of the applicant shall include, but not be limited to:

 

(1)  Serious illness of the applicant or a member of the applicant team;

 

(2)  Records or documentation required for application are destroyed or damaged by fire or other accidental cause; or

 

(3)  A local, state, or federal emergency declaration which causes a process delay.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

          Ed 318.06  Local School Board Process; Requirements of Local School Boards.  In forwarding an application, including a proposed contract, to the state board under RSA 194-B:3, III(c), the local school board shall comply with the following by the statutory deadline of September 15:

 

          (a)  If the application including a proposed contract is approved, the local school board shall file the application with the state board with a cover letter indicating the date of the local school board meeting at which the application was approved.  The application shall meet the requirements of Ed 318.08 (b)-(h);

 

          (b)  If the application is denied, the local school board shall forward the application to the state board with a cover letter indicating:

 

(1)  Suggested amendments or additions to the application or contract to correct any areas deemed deficient, numbered to correspond to the list of criteria in RSA 194-B:3, II;

 

(2)  Comments concerning how the application or contract might be deficient in relation to the state board criteria for review listed in Ed 318.07;

 

(3)  Any legal questions the local school board wishes the state board to address, including those issues which might require an opinion to the state board by the department of justice; and

 

(4)  Any other matters which might be pertinent concerning the operation of the proposed charter school in the local school board's district.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.05)

 

Ed 318.07  Local School Board Decision. 

 

         (a)  In accordance with RSA 194-B:3, III(c), by September 15 of the year in which an application is received, the local school board shall:

 

(1)  Either approve or deny the charter application; and

 

(2)  Forward the proposed application, contract, and a written statement of its decision, as outlined in (b) and (c) below, to the state board and to the applicant’s prospective board of trustees.

 

(b)  If the application, including a proposed contract as described in RSA 194-B:3, is approved, the local school board shall file the application with the state board with a cover letter indicating the date of the local school board meeting at which the application was approved. 

 

(c)  If the application is denied, the local school board shall forward the application to the state board with a cover letter indicating:

 

(1)  Suggested amendments or additions to the application or contract to correct any areas deemed deficient, numbered to correspond to the list of criteria in RSA 194-B:3, II;

 

(2)  Any legal questions the local school board wishes the state board to address, including those issues which might require an opinion to the state board by the department of justice; and

 

(3)  Any other matters which might be pertinent concerning the operation of the proposed charter school in the local school board's district.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.08  State Board Review of Local Board Process and Application.

 

         (a)  In accordance with RSA 194-B:3, III(d), by December 31 of the application year, the state board shall review the application for completeness to ensure that each of the statutory requirements of RSA 194-B:3, II has been met, and shall grant or deny its approval.

 

(b)  The state board shall notify the applicant in writing of its decision as follows:

 

(1) If the state board approves an application, the state board shall include in the notification:

 

a. A written notification of any suggested additions or amendments to the proposed application to the local school board and the board of trustees to assure compliance with any component of RSA 194-B:3; and

 

b. Two copies of the approved contract to the clerk of the local school district for inspection by the voters of the school district as required under RSA 194-B:3, III(e); or

 

(2)  If the state board denies an application, the state board shall include in the notification:

 

a.  A written explanation of the reasons for the denial;

 

b.  The areas deemed deficient by the state board; and

 

c.  An explanation that the applicant may reapply under RSA 194-B:3 or RSA 194-B:3-a.

 

(e)  The board of trustees may appeal a denial by the state board in accordance with Ed 213.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.05)

 

Ed 318.09  Applications to the State Board.

 

         (a)  An applicant seeking state board authorization for a charter school shall submit a letter of intent to submit a charter school application to the department’s office of charter schools which includes:

 

(1)  Date;

 

(2)  Proposed charter school name;

 

(3)  Proposed grade levels; and

 

(4)  Contact person including:

 

a.  Name;

 

b.  Organization, if applicable;

 

c.  Address;

 

d.  Email address; and

 

e.  Telephone / Fax number.

 

(b)  An application to the state board to establish a charter school under RSA 194-B:3-a shall be made by the prospective board of trustees containing all of the elements in RSA 194-B:3, II(a)-(bb) and (dd).

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.10  Department, Legal, and Peer Review.

 

(a)  An application to the state board shall not be considered complete until it has undergone a thorough and collaborative review by the office of charter schools, a legal consultant designated by the office of charter schools, and a committee of peers to ensure compliance and completeness in accordance with RSA 193-B:3.

 

(b)  Within 10 days of initial filing, the office of charter schools shall notify the applicant of receipt of the application materials as well any missing materials required by RSA 193-B:3(a)-(bb) and (dd).

 

(c)  Within 30 days of receipt of notification from the office of charter schools as described in (b) above, the applicant, with assistance and collaboration from and by the office of charter schools, shall submit all requested missing information, or the application shall be closed.  The prospective board of trustees may submit the application materials again, which shall reset the timeline for review.

 

(d)  A legal consultant designated by the charter school office shall complete a review and appraisal of the application within 30 days of initial filing.

 

(e)  Within 30 days of completion of the legal consultant’s review, the application and legal consultant’s appraisal shall be reviewed by a committee of peers which shall consist of 3 persons with experience in charter schools, one of whom has administrative experience and one of whom is licensed by the state board as a New Hampshire educator. Conditional upon the availability of funds, the department shall provide a small stipend and travel costs to the committee of peers.

 

(f)  Within 10 days of completion of the peer review, the department shall provide the applicant with written comments, including suggested amendments or modifications from the legal and peer review, if the department determines that amendments or modifications are needed in order for the application to be deemed complete and to ensure compliance with RSA 194-B:3, II(a)-(bb) and (dd).

 

(g)  The applicant shall submit an amended or modified application within 30 days of receipt of notification in (f) above or the application will be closed. The prospective board of trustees may submit the application materials again, as described in Ed 318.09.

 

(h)  The office of charter schools shall notify the applicant of a complete application within 10 days of receipt of all requested amendments and modifications, if required, or within 10 days of completion of the peer review if no amendments or modifications are requested. The notification shall include the date of the next scheduled state board meeting where the charter application will be reviewed, and the deadline for the state board’s decision which shall not exceed 60 days from the date of receipt of the complete application pursuant to RSA 541-A:29, II.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.11  State Board Approval.

 

(a)  The state board shall notify the applicant in writing of its approval or denial of a chartered public school application within 60 days of the department’s notification to the applicant of a complete application pursuant to RSA 541-A:29, II.

 

(b)  The state board shall request in writing the applicant’s presence at the state board meeting for which an approval or denial of the application is scheduled, to ask clarifying questions of the applicant.

 

(c)  The board shall approve the application, after reviewing the application and the department’s evaluation under Ed 318.10, if it determines the application is in compliance with RSA 194-B:3, II(a)-(bb) and (dd).

 

(d)  If the board determines that more information is necessary to make a decision regarding the approval or denial of the application, upon written agreement by the applicant, pursuant to RSA 541-A:29, IV, the board shall extend the decision deadline to the next scheduled board meeting or a time agreed to by the applicant, not to exceed 90 days.

 

(e)  The state board shall deny an application if it determines the application is not in compliance with the requirements of RSA 194-B:3, II(a)-(bb) and (dd).

 

(f)  If the state board denies an application, the state board shall include in the notification:

 

(1)  A written explanation of the reasons for the denial; 

 

(2)  The areas deemed deficient by the state board; and

 

(3)  An explanation that the applicant may reapply under RSA 194-B:3, RSA 194-B:3-a in a subsequent year.

 

(g)  The board of trustees may appeal a denial by the state board in accordance with Ed 213.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.10)

 

Ed 318.12  Issuance and Amendment of Charter.

 

(a)  If the state board, under the local school board process or the state board process approves an application for a charter school, the state board shall issue a charter for the school.

 

(b) Once the state board issues a charter to an applicant under the local school board process who has met all the requirements of RSA 194-B:3, III,(b), (c), and (d), the board of trustees shall inform the state board in writing of the results of the vote required by RSA 194-B:3, III(e)  within 10 days of the vote.

 

(c)  For the state board process, the state board shall issue a charter to an applicant only under the conditions established by RSA 194-B:3-a and Ed 318.08.

 

(d) A charter approved under the local school board process shall be amended in accordance with RSA 194-B:3, XI. An appeal by the applicant to the state board of the local school board decision pertaining to a proposed amendment shall be filed within 30 days of the denial, and shall be decided by the state board in accordance with Ed 200.

 

(e)  A charter approved under the state board process shall be amended in accordance with the following process:

 

(1)  A charter grantee may apply to the commissioner for amendment to its application;

 

(2)  After the commissioner’s review the proposed amendment shall be placed on the agenda of the next regularly-scheduled state board meeting;

 

(3)  The state board shall notify the board of trustees in writing of its decision to grant or deny the proposed amendment, based on the charter requirements established in RSA 193-B:3, II, within 10 days of its decision, providing reasons for the decision; and

 

(4)  An appeal from a denial of the proposed amendment by the state board shall be in accordance with Ed 213.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.11)

 

Ed 318.13  Charter Renewal.

 

(a)  A charter may be renewed for a renewal period of 5 years in accordance with RSA 193-B:3, X. The board of trustees of a charter school shall make an application for renewal to the state board no later than one year before the original charter is set to expire.

 

(b)  For the first renewal, the application shall consist of the school's fourth year annual report with a cover letter requesting renewal, except that subsequent renewals shall be based on the annual report of the year preceding expiration of the charter.  The criteria listed in Ed 318.07 and RSA 194-B:16, VI, shall be used by the board to approve or deny all renewals and shall be referenced in all decisions.

 

(c)  The renewal application process shall include:

 

(1)  The documents in (b) with a cover sheet to include name, complete mailing address, and contact information, signed and dated by the head of the school and the chairman of the board;

 

(2)  A document review including pertinent yearly accountability materials submitted to the charter school office;

 

(3)  Invitation for written comments; and

 

(4)  Recommendation of the commissioner.

 

(d)  Tables graphs, and other data shall be clearly presented, clearly explained, and directly relevant to the text.

 

(e)  The cover letter in (b) shall contain the following:

 

(1)  A concise abstract, of approximately one page, restating mission and goals and addressing what progress the school has made:

 

a.  Towards its academic goals defined; and

 

b.  In programmatic and organizational goals;

 

(2)  Current enrollment numbers and anticipated enrollment for the next 3 school years;

 

(3)  A statement describing any changes in curriculum or instruction as a result of anticipated growth; and

 

(4)  A report on school features, curriculum and technology programs, successes and failures in academic attainment including:

 

a.  A discussion of the efforts to disseminate best practices or in other ways coordinating with local or other school districts;

 

b.  A discussion of parent involvement to date and future plans for parent involvement;

 

c.  A report on past  fundraising efforts and results, future fund raising goals, and plans for achieving  sustainability; and

 

d.  A proposed budget for the following school year including:

 

1.  A statement on how the school will use public funds; and

 

2.  A detailed description of the specific board’s reasoning for allocation of funds.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.11)

 

Ed 318.14  Review of Renewal Application.

 

(a)  The process for review of the renewal application shall be as follows:

 

(1)  The department shall conduct a school review and on-site visit; and

 

(2)  The department shall complete a review and recommendation to the state board.

 

(b)  Criteria for review of application materials shall include:

 

(1)  Whether the school is making progress toward achieving its mission;

 

(2)  Whether the school is using public funds as required by the statute and the rules;

 

(3)  Whether the school is meeting goals for student attainment of expected knowledge and skills;

 

(4)  Whether the school is making an effort to disseminate best practices or in other ways coordinate with the local or other school districts; and

 

(5)  Whether the school is sustainable.

 

(c)  The board shall renew a charter, if as evidenced by the responses to (a) and (b), the charter school is attaining its performance targets.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.13)

 

Ed 318.15  Revocation and Withdrawal.

 

(a)  A charter shall be revoked for any of the reasons listed in RSA 194-B:16, II, or if the board of trustees fails to cooperate in the development of a remedial plan under RSA 194-B:16, III. If the commissioner makes a recommendation to revoke a charter, it shall give the trustees at least 90 days notice of its intent. Revocation shall occur only after notice and opportunity for a hearing as provided under RSA 541-A:31.  The hearing shall be conducted in accordance with Ed 200.

 

(b)  A charter shall be withdrawn if the board of trustees fails to submit a progress report under RSA 194-B:3, IX.

 

(c)  The charter shall be withdrawn if a progress report is filed but fails to:

 

(1)  Specify which provisions of RSA 194-B are delaying the opening of the charter school; or

 

(2)  Provide a remedial plan for the school to overcome any obstacles.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.14)

 

Ed 318.16  Policy Development.  The school shall develop policies in accordance with the following:

 

(a)  Records retention in accordance with RSA 189:29-a;

 

(b)  Promoting school safety including:

 

(1)  Reporting of suspected abuse or neglect pursuant to RSA 169-C:29;

 

(2)  Sexual harassment, as detailed in Ed 303.01(j) and (k);

 

(3)  RSA 193-F, pupil safety and violence prevention; and

 

(4)  RSA 126-U, limiting the use of child restraint practices; and

 

(c)  Developmentally appropriate daily physical activity pursuant to Ed 310 and RSA 189:11-a,V-VI.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

 

Ed 318.17  Charter School Annual Report Requirements.

 

(a)  In addition to the requirement of RSA 194-B:10, each charter school annual report shall include at a minimum the following elements:

 

(1)  A statement explaining how the school is meeting the goals of its mission statement;

 

(2)  Any changes in the membership of the board of trustees or in the trustees' methods of operations or amendments to the by-laws;

 

(3)  Any recusals made by a member of the board of trustees under RSA 194-B:5, VII;

 

(4)  How the school is implementing all the requirements and any options allowed by RSA 194-B:8;

 

(5)  The attendance rate of pupils enrolled at the school as reflected in the school's average daily membership;

 

(6)  The number of incidents that occurred on the school grounds and that required the intervention of local, state or federal law enforcement;

 

(7)  The number of incident reports prepared under RSA 126-U:7, child restraints notice and record-keeping requirements;

 

(8)  The number of substantiated incidents of bullying or cyberbullying as identified in RSA 193-F:6;

 

(9)  The percentage of pupils who either were promoted to the next grade level or graduated from high school;

 

(10)  A description of the community services available at the school site;

 

(11)  The school calendar, including hours of operation;

 

(12)  The total number of pupils enrolled at the school during the previous school year;

 

(13)  The transportation services available if any;

 

(14)  A financial statement setting forth the revenue and expenditures for the year just ended;

 

(15)  A balance sheet setting forth the charter school's assets, liabilities, and fund balances or equities; and

 

(16)  Projections of income and expenses for the upcoming school year.

 

(b)  If the information required for the annual report has been previously submitted, the document in which it was submitted shall be attached or the manner in which it was submitted shall be referenced, in the annual report.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.16)

 

Ed 318.18  Review of Annual Reports.  The commissioner shall review the collected data from each authorized charter school in accordance with the requirements of RSA 194-B and Ed 318.16, for the purpose of providing, to the state board, an ongoing status report of each charter school. The data specifically required shall not exceed the reporting requirements of New Hampshire public schools.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.17)

 

Ed 318.19  Deadlines for Pupil Enrollment.

 

         (a)  A charter school approved under the local school board process shall accept applications for students only after the date when the charter school contract was ratified by the school district legislative body under RSA 194-B:3, III(e).

 

         (b)  A charter school approved under the state board process shall accept applications for students only after the charter has received approval from the state board.

 

         (c)  If a pupil accepts admission to a charter school, receipt of student records from the student’s previous school shall constitute proper notification of enrollment by the charter school.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.18)

 

Ed 318.20  Assurances Against Discrimination.

 

(a)  If any of the persons or entities listed under RSA 194-B:15 and RSA 194-B:16, I, believes a charter school has violated any of the anti-discrimination provisions of the school's own charter, the matter shall, for a charter school approved under the:

 

(1)  Local school board process, be directed to the school board for review and disposition; and

 

(2)  State board process, be directed to the state board for review and disposition pursuant to Ed 200.

 

(b)  A decision of the local school board may be appealed to the state board, in accordance with Ed 200.

 

(c)  A decision of the state board may be appealed in accordance with Ed 213.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.19)

 

PART Ed 319  OPEN ENROLLMENT SCHOOLS

 

          Ed 319.01  Purpose and Scope.

 

          (a) The purpose of these rules shall be to ensure uniform application of RSA 194-D in the establishment and administration of open enrollment schools.

 

          (b)  The open enrollment provisions of these rules shall apply to open enrollment public schools as defined in RSA 194-D:1 and established under RSA 194-D:2.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

 

Ed 319.02  "Open enrollment public school" or "open enrollment school" means "open enrollment public school" or "open enrollment school" as defined in RSA 194-D:1.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

 

          Ed 319.03  Open Enrollment School Requirements.  The school board or moderator of a school district whose members have voted to designate one or more of its schools as an open enrollment school under RSA 194-D shall notify the state board in writing of the following no later than 60 days prior to the start of each school year:

 

          (a)  Which schools in the school district have been formally designated as open enrollment schools;

 

          (b)  How many students each open enrollment school has accepted from within its district and from outside its district;

 

          (c)  A policy on transportation which is consistent with the provisions of RSA 194-D:2, IX;

 

          (d)  All policies established under RSA 194-D:4, V; and

 

          (e)  A statement describing how the school shall meet the requirements of a public school as required by RSA 194-D:2 through RSA 194-D:4, I.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

 

          Ed 319.04  Deadlines for Pupil Enrollment.  The school shall comply with all deadline requirements established in these rules.

 

Source.  (See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

 

PART ED 320  SCHOOL FACILITY APPROVAL PROCESS

 

          Ed 320.01  Applicability.  In order for a public school, public academy, chartered public school, or nonpublic school to operate a facility to be used for K-12 educational purposes, it shall request approval to operate prior to student occupancy to ensure a clean, healthy, and safe facility. 

 

Source.  ##13772, eff 10-12-23

 

          Ed 320.02  Initial School Facility Approval Process.

 

          (a)  To request initial approval to operate a school facility for K-12 educational purposes, the following information shall be submitted in a clearly legible packet to the department no later than 60 days prior to student occupancy:

 

(1)  The school contact’s information and location of the facility;

 

(2)  Proof of compliance with state building code as provided in RSA 155-A;

 

(3)  Proof of compliance with state fire code under RSA 153:1,VI-a and Saf-Fmo 300, as amended by state board of fire control and ratified by the general court pursuant to RSA 153:5;

 

(4)  If the project includes a well or septic system, documentation of approval from the department of environmental services as required by RSA 485, Env-Dw 406, RSA 485-A, and Env-Wq 1000, respectively;

 

(5)  Proof of meeting the New Hampshire code for barrier-free design under Abfd 300, if applicable;

 

(6)  A copy of a completed health inspection conducted by the local health officer to ensure that facility is operating in a suitable and sanitary building, as required by RSA 189:24;

 

(7)  Documentation that the building(s) was inspected by a certified asbestos inspector, who is certified in accordance with Env-A 1810, and that all asbestos-containing materials identified are being safely managed pursuant to Env-A 1800, if applicable;

 

(8)  A statement signed by the superintendent or designee that the drinking water at all locations where water is available for consumption by students has been tested for lead and remediated in accordance with RSA 485:17-a;

 

(9)  Proof that a current site-specific emergency operation plan is filed with New Hampshire homeland security and emergency management as required by RSA 189:64; and

 

(10)  If food service operations are to take place in the facility, documents providing that: 

 

a.  Operations shall be in compliance with New Hampshire department of health and human services administrative rules He-P 2300; or

 

b.  If located in one of the self-inspecting municipalities granted licensing authority by the New Hampshire department of health and human services, complies with local food regulations.

 

          (b)  In addition to the items in (a) above, the following information shall be submitted to the department  for all public school facilities:

 

(1)  For all public schools, excluding public chartered schools, proof the grounds shall operate in accordance with the policy and procedures developed pursuant to RSA 200:48 to minimize or eliminate pollution caused by idling motor vehicles;

 

(2)  A facility maintenance plan that addresses or identifies, at a minimum, the following:

 

a.  Building characteristics such as building square footage, age of building, types of building components, and systems;

 

b.  Facility safety procedures;

 

c.  Custodial training;

 

d.  Maintenance staffing needed to operate the facility;

 

e.  Custodial services, including a schedule of routine maintenance activities;

 

f.  An integrated pest management plan;

 

g.  A healthy indoor air quality plan;

 

h.  Preventative maintenance program;

 

i.  A work order system, such as a computer maintenance management system; and

 

j.  Contracted services needed;

 

(3)  Proof that the school has a policy approved by the local school board or board of trustees to minimize the use of toxic chemicals for cleaning and pest control, and shall not permit staff to bring cleaning products or pesticides into the facility without approval from the school administration;

 

(4)  A statement that adequate health services shall be provided that ensures the privacy and health of all students, including:

 

a.  A waiting area separate from other spaces;

 

b.  Space for examining patients that includes a sink with hot and cold water;

 

c.  A patient isolation area; and

 

d.  A restroom, or an adjacent one, which meets current accessibility requirements pursuant to Abfd 300;

 

(5)  A statement that sufficient storage shall be provided that allows the proper storage of cleaning supplies, tools, spare parts, unused furniture, equipment not in use, and other like items required for custodial and maintenance activities;

 

(6)  A statement that emergency shower and eye wash stations are available in all science labs, automotive shops, and other places where hazardous liquids or open flames are frequently used, and they comply with the American National Standards Institute Z-358.1 Eyewash standards 2014, as referenced in Appendix II;

 

(7)  A statement that all laboratories and combination lab-classrooms shall be operated to reduce potential hazards by providing at least 50 net square feet per pupil for each lab and at least 60 net square feet per pupil for each combination lab-classroom;

 

(8)  A chemical hygiene plan that identifies, at a minimum, the following:

 

a.  That all chemicals shall be properly stored and labeled;

 

b.  That all flammables shall be stored in a manner that meets NFPA 30: Flammable and Combustible Liquids Code;

 

c.  That all acids shall be stored in a cabinet constructed from corrosion-resistant materials;

 

d.  That all rooms and storage areas with chemicals shall have proper ventilation;

 

e.  That all chemical hoods used in science experiments shall be maintained in accordance with manufacturers’ recommendations;

 

f.  That all chemicals shall be properly managed and disposed of; and

 

g.  That all safety data sheets, identified by Occupational Safety and Health Administration 29 CFR 1910.1200(g), are on file at the school in accordance with 29 CFR 1910.1200; and

 

(9)  If construction in the building(s) is proposed, a letter from the state fire marshal stating that construction drawings and specifications have been evaluated and approved by the state fire marshal for compliance with the state fire code under RSA 153:1, VI-a and Saf-Fmo 300, as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5.

 

          (c)  The department shall:

 

(1)  Complete a review of all the submitted materials;

 

(2)  Conduct an on-site visit to verify the information submitted; and

 

(3)  Determine if the facility meets one of the following:

 

a.  Approved for operation;

 

b.  Conditionally approved for operation; or

 

c.  Not approved for operation.

 

          (d)  A school facility that meets all of the applicable application requirements of Ed 320.02 shall be approved for operation.

 

          (e)  A school facility which does not meet all of the applicable application requirements of Ed 320.02 shall be conditionally approved for operation, provided that:

 

(1)  All identified deficiencies and a timetable for their correction are incorporated into the conditional approval; and

 

(2)  The department has received documentation of health and safety inspections conducted by the authorities having jurisdiction and either:

 

a.  All health and safety violations have been corrected; or

 

b.  All identified deficiencies and a timetable for their correction are incorporated into the conditional approval, as agreed upon by authorities having jurisdiction. 

 

          (f)  A school facility that is unable to meet (d) or (e) above shall not be approved for operation for K-12 educational purposes.

 

          (g)  A school facility shall remain approved for operation or conditionally approved for operation until:

 

(1)  June 30, 5 years following the notice of approval to operate; or

 

(2)  Conditions of the approval to operate have not been met.

 

          (h)  For facilities in operation prior to the effective date of these rules, a school facility shall be considered approved for operation, provided one of the following has been met:

 

(1)  The public school has received a letter from the department approving the facility in accordance with Ed 306.28 and shall be considered approved for operation until June 30, 6 years following the notice of approval;

 

(2)  The chartered public school received a charter school approval or renewal from the state board pursuant to the provisions of RSA 194-B, and the facility the school operates shall be considered approved for operation until June 30, 6 years following the most recent state board approval or renewal; or

 

(3)  The nonpublic school received a nonpublic school approval or renewal from the state board pursuant to Ed 403, and the facility the nonpublic school operates shall be considered approved for operation until June 30, 6 years following the most recent state board approval or renewal.

 

          (i)  A school facility operating outside the time limits in (g) or (h) above shall be considered an expired school facility and not suitable for students to occupy.

 

          (j)  A school operating an approved school facility shall request a renewal in accordance with Ed 320.03.

 

          (k)  The superintendent, charter school director, nonpublic school administrator, or designee shall notify the commissioner prior to any change in conditions which affects a school’s compliance with these rules, including but not limited to changing locations, constructing a new facility, or renovating or adding an addition to an existing facility. 

 

Source.  #13772, eff 10-12-23

 

          Ed 320.03  School Facility Renewal Process.

 

          (a)  To request a renewal to operate an approved school facility, the following information shall be submitted to the department in a clearly legible packet no later than September 1 prior to the expiration date of the facility’s approval to operate:

 

(1)  The items included in Ed 320.02(a)(1) and (a)(7)-(10);

 

(2)  A copy of the most recent annual state fire inspection report required by RSA 153:14, II(b); 

 

(3)  A statement that provides that:

 

a.  The superintendent or designee has contacted the local health officer to schedule a health inspection prior to the end of the calendar year; and

 

b.  Prior to December 31 of the calendar year, the superintendent or designee shall submit a copy of the completed health inspection to the department to ensure the facility is operating in a suitable and sanitary building, as required by RSA 189:24; and

 

(4)  For public schools:

 

a.  Complete the “Indoor Air Quality Survey” checklist, revised September 2023, which can be found by logging into https://my.doe.nh.gov/myNHDOE/Login/Login.aspx; and

 

b.  The items included in Ed 320.02(b).

 

          (b)  Once the materials have been received, the department shall:

 

(1)  Complete a review of the submitted renewal materials;

 

(2)  Conduct an on-site visit, subject to the availability of funds for making such visits, to verify the information submitted; and

 

(3)  Determine the facility meets one of the following designations:

 

a.  Approved for operation;

 

b.  Conditionally approved for operation; or

 

c.  Not approved for operation.

 

          (c)  A school facility that meets all of the applicable application requirements of Ed 320.03(a) shall be approved for operation.

 

          (d)  A school which does not meet all of the applicable application requirements of Ed 320.03(a) shall be conditionally approved for operation, provided that:

 

(1)  All identified deficiencies and a timetable for their correction are incorporated into the conditional approval; and

 

(2)  The department has received documentation of health and safety inspections conducted by the authorities having jurisdiction and either:

 

a.  All health and safety violations have been corrected; or

 

b.  All identified deficiencies and a timetable for their correction are incorporated into the approval designation, as agreed upon by authorities having jurisdiction. 

 

          (e)  A school facility that is unable to meet (c) or (d) above shall not be approved for operation for K-12 educational purposes.

 

          (f)  A school facility shall remain approved for operation or conditionally approved for operation until:

 

(1)  June 30, 5 years following the notice of approval to operate; or

 

(2)  Conditions of the approval to operate have not been met.

 

          (g)  A school facility operating outside the time limits in (f) above shall be considered an expired school facility and not suitable for students to occupy.

 

          (h)  A school operating an approved school facility shall request a renewal in accordance with Ed 320.03, no later than September 1 prior to the expiration date of the approval.

 

          (i)  The superintendent, charter school director, nonpublic school administrator, or designee shall notify the commissioner prior to any change in conditions which affects a school’s compliance with these rules, including but not limited to changing locations, constructing a new facility, or renovating or adding an addition to an existing facility.

 

Source.  #13772, eff 10-12-23

 

PART Ed 321  SCHOOL BUILDING CONSTRUCTION (Formerly Ed 305)

 

         Ed 321.01  Purpose.  The purpose of Ed 321 is to provide requirements and standards for the construction of any facility to be used for the purpose of providing education to pupils in grades kindergarten through grade 12, and to provide requirements for how school building aid will be paid for that construction.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.02  Definitions.  Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 321:

 

         (a)  "Buildable land" means land upon which a school building, parking lot, on-site traffic circulation and drop-off locations, playgrounds or school playing field can be built. The term includes usable land;

 

         (b)  "Construction cost" means the total cost of labor and materials for the construction of the foundation, erection of the structure, finish work, and the installation of equipment integral to the operation of building systems.  The cost of site development is not included;

 

         (c)  "Department" means the New Hampshire department of education;

 

         (d)  "Design capacity" means the maximum total number of students intended to be educated in a school building following completion of a construction project;

 

         (e)  "Educational capacity of a school building" means the sum of the maximum number of students that can be simultaneously instructed in every educational space of the building using the minimum space allocations specified in Ed 321.10(g)-(i);

 

         (f) "Educational space" means those parts of a school building to which pupils are assigned for instructional purposes.  Educational space includes, but is not limited to, classrooms, laboratories, gymnasiums, and libraries;

 

         (g)  "General purpose classroom" means an educational space intended for the instruction of a group of students that is suitable for teaching a variety of subjects and that requires no special permanently installed equipment or unusually large spaces;

 

         (h)  “Laboratory” means an educational space intended for instruction involving hands-on student participation in a particular subject that requires specialized equipment, furnishings, or materials;

 

         (i)  "Multi-purpose space" means areas within a school building that are used at different times for educational purposes and for support purposes;

 

         (j)  "New construction" means construction work that results in the creation of a new building or additional space in an existing building;

 

         (k)  "Renovation" means work involving upgrades to existing space in a building or conversion of the use of existing space in a building;

 

         (l)  "School building aid" means the state grants for the payment of a share of the cost for school construction under RSA 198:15-a;

 

         (m)  “Site development” is the work required to prepare the land for construction.  It includes removal of trees and other vegetation, removal of existing structures, removal of rock, cutting and filling of earth, construction of access roads, driveways, and parking lots, installation of surface water drainage systems, and landscaping;

 

         (n) "Substantial renovation" means:

 

(1)  Construction done for the purpose of renewing a building that is valued at an amount greater than 25 percent of the cost to replace the building;

 

(2)  To repair and bring the building back to new or good condition; or

 

(3)  To prepare space for a new or different use;

 

         (o)  "Sufficient" means an amount of space, time, or material that will enable a particular function to proceed as intended without restriction or impediment from the size or condition of the physical facility, according to variations in enrollment, staffing, program, or level of instruction from one school to another.  The term includes adequate;

 

         (p)  "Support space" means those parts of a school building that are generally used for purposes other than instruction. Support space includes offices, storage rooms, wash rooms, kitchens, cafeterias, and similar spaces;

 

         (q)  "Total cost" means the cost of all related land, labor, and materials authorized by RSA 198:15-b,II for construction costs; and

 

         (r)  "Utilization rate" means the extent to which school buildings are used by comparing design capacity to the educational capacity of the school expressed in a percentage figure.  A 100 percent utilization rate means that every seat in every educational space is occupied for the majority of time throughout the school day.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.03  Minimum Standards for School Sites.

 

         (a)  A school site shall have safe access, parking, drainage, security, and sufficient buildable area to accommodate a school facility that complies with the minimum gross site sizes as described in Ed 321.03 (f).

 

         (b)  There shall be access for emergency vehicles from at least 2 directions unless waived by the local fire chief having jurisdiction for enforcement of the state fire code.

 

         (c)  The first occupied floor of school buildings located within a 100-year flood plain shall be constructed at an elevation at least 10 feet higher than the base flood elevation for a 100-year flood at that location.

 

         (d)  Prior to acquisition of a site, the school district shall have surveys conducted to ascertain, as much as practicable, that past use of the site has not resulted in conditions hazardous to public health, public safety, or to the environment, or matters of interest for historical preservation under RSA 227-C that cannot be adequately removed, abated, or mitigated.

 

         (e)  The following shall not be considered buildable land for the purpose of comparing a given site to the minimum site sizes in Ed 321.03 or to the maximum site sizes in Ed 321.04:

 

(1)  Wetlands, including required setbacks from wetlands;

 

(2)  Areas with slopes in excess of 60 percent;

 

(3)  Areas with extensive amounts of bedrock within 6 feet of the surface; and

 

(4)  Sites known to be contaminated with hazardous materials.

 

         (f)  The minimum site size approvable for school building aid for new construction, including additions to existing buildings, for elementary schools, middle schools, and high schools shall be as follows:

 

(1)  For an elementary school the minimum site size shall be 3 acres of contiguous buildable land for schools with a design capacity of less than 150 students and 5 acres of contiguous buildable land for schools with a design capacity of 150 students or higher;

 

(2)  For a middle school the minimum site size shall be 10 acres of contiguous buildable land. For middle schools with a design capacity greater than 1000 students there shall be one additional acre for each 300 students or fraction thereof above 1000 students; and

 

(3)  For a high school the minimum site size shall be 15 contiguous acres of buildable land, plus one additional acre for each 300 students or fraction thereof for the design capacity of the school building.

 

         (g)  Whenever a district has a school site that does not meet the site size requirements in Ed 321.03(f) for a new building or an addition to an existing building, the school board may request a waiver for the minimum site size under Ed 321.28.

 

         (h)  Renovations and substantial renovations shall apply only to buildings and specifically shall not include site improvements or modifications.

 

         (i)  Charter schools shall be exempt from the minimum site sizes in this section.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.04  Maximum Standards for School Building Aid for Land Acquisition.

 

         (a)  In accordance with RSA 198:15-b,IV(b)(2) school building aid for land acquisition shall be limited to the cost of:

 

(1)  Twenty acres of buildable land plus one acre for every 100 students or fraction thereof for elementary schools;

 

(2)  Twenty-five acres of buildable land plus one acre for every 100 students or fraction thereof for middle schools; and

 

(3)  Thirty acres of buildable land plus one acre for every 100 students or fraction thereof for high schools.

 

         (b)  Wetlands, including required setbacks, areas with slopes in excess of 60 percent, areas with extensive amounts of bedrock within 6 feet of the surface, or sites known to be contaminated with hazardous materials shall not be considered buildable land for the purpose of comparing a given site to the minimum or maximum site sizes in Ed 321.03 or Ed 321.04.

 

         (c)  For the purposes of Ed 321.04, design capacity shall be based upon reasonable enrollment projections developed through a statistically valid process. In approved situations, educational space may be built to one design capacity while core space is built to a larger capacity in anticipation of future expansion.

 

         (d)  Renovations and substantial renovations shall apply only to buildings and specifically shall not include site improvements or modifications.

 

         (e)  A school board or board of directors of a charter school may request a waiver under Ed 321.28 for the maximum amount of school building aid to which its district is entitled for land acquisition.

 

         (f)  For purposes of this section, every acre of land in a contiguous building site shall be assumed to have equal value which shall be determined by dividing the total cost of the land by the number of acres.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.05  Building Aid for School Sites and School Site Development.

 

         (a)  Aid payments on the purchase price or development costs of a school site shall not begin prior to the authorization of a building project for that site by the legislative body of the school district or board of directors of a charter school and approval for funding by the department.

 

         (b)  Aid payments shall be made on land acquisitions financed only by the actual expenditure of funds appropriated from taxation. Development costs on these parcels and those acquired by other means and incurred as a consequence of a school building project shall be eligible for aid, however.

 

         (c)  Aid payments on school sites or school site development shall, upon approval by the department, follow the same protocol as aid payments for building projects.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.06  Maximum Sizes for School Buildings.  School building aid for new school buildings or additions to existing school buildings shall be limited to the following under RSA 198:15-b,IV, (b)(1) for:

 

         (a)  Elementary schools, 120 square feet/pupil;

 

         (b)  Middle schools, 140 square feet/pupil;

 

         (c)  High schools, not including space in regional vocational centers, 160 square feet/pupil;

 

         (d)  School buildings with a design capacity of less than 250 students shall be allowed 144 square feet/pupil for an elementary school, 168 square feet/pupil for a middle school, and 192 square feet/pupil for a high school;

 

         (e)  Individual buildings that house combinations of 2 or more levels shall be subject to the limits for the highest level to be housed in the building;

 

         (f)  All spaces constructed using building aid in the past 35 years shall be included in the square footage when calculating the limits above. Conditions in the existing building that cause the total project to exceed the maximum size limits shall constitute sufficient justification for a waiver of the limits as authorized by RSA 198:15-b,IV,(d), provided that the size of the newly constructed space is consistent with similar spaces in an entirely new building that meets the limits, there is a financial benefit to the public, or both; and

 

         (g)  The above limits shall be waived by the commissioner of the department or the commissioner's designee upon a written request for a waiver from the school district under Ed 321.28.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.07  Design Standards.  For the purposes of standards for school sites and construction projects for school buildings, design capacity shall be based upon reasonable enrollment projections developed through a statistically valid process.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.08  Standards for Educational Capacity of a School Building.

 

         (a)  Spaces currently used as educational space, but not designed as such, shall not be included in determining the educational capacity of a school building. Space in temporary or relocatable facilities shall not be included in determining the educational capacity of a school building.

 

         (b)  The educational capacity of a school building shall be based upon the physical dimensions of the educational spaces and the space allowances in Ed 321.10(g)-(i).  Educational capacity shall not be reduced by applying a limit to the number of students in a class below the maximum class size found in Ed 306.17 even though local policy may establish lower maximum class sizes.

 

         (c)  The definition of educational capacity in Ed 321.02(e) and the provisions of Ed 321.08 shall not preclude districts from establishing local policies concerning the maximum number of students in a particular class provided, however, that such policies shall not be taken into account when determining the educational capacity of a school building.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.09  Calculating Utilization Rate.  The utilization rate of a school building shall be calculated by dividing the design capacity by the educational capacity and expressing the figure as a percentage. A 100 percent utilization rate shall not be required. For a proposed new building or addition to an existing building, the educational capacity shall be calculated by dividing the design capacity by the planned utilization rate.  For purposes of determining eligibility for school building aid, planned utilization rates shall not be less than 85% for high schools, 90% for middle schools, and 95% for elementary schools.  The minimum utilization rate shall not apply when only one general purpose classroom is assigned per grade.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.10  Standards for Educational Space.

 

         (a)  Educational space shall include, but not be limited to, classrooms, laboratories, gymnasiums, and libraries.

 

         (b)  School facilities shall provide educational space sufficient to meet the requirements identified in the educational specifications in Ed 321 and the New Hampshire minimum standards for public school approval as specified in Ed 306.

 

         (c)  Approval of the size of classrooms or instructional spaces shall be determined by the acceptable number of square feet per student established in Ed 321.10( g)-(k), multiplied by the total projected number of the class or group or the minimum size specified in Ed 321.10 whichever is larger.

 

         (d) The requirements of Ed 321.10 shall be waived by the commissioner of the department or the commissioner's designee upon a written request for a waiver from the requesting school district under Ed 321.28. 

 

         (e)  Every educational space, except gymnasiums and music rooms, shall contain a seat and work surface for each student, teacher, and teacher's aide, appropriate for the normal activity conducted in that space.

 

         (f)  Every general purpose classroom shall:

 

(1)  Contain an erasable surface of at least 32 square feet and a surface suitable for projection purposes; and

 

(2)  Be furnished with:

 

a.  Desks for students and teachers;

 

b.  Bookshelves; and

 

c.  Other common furniture and equipment.

 

         (g)  A kindergarten classroom shall provide at least 1,000 square feet, including storage, or 50 square feet per child, whichever is greater.

 

         (h)  For the elementary and middle schools, a general purpose classroom shall provide a minimum of 900 square feet, including storage, or 36 square feet per child, whichever is greater.

 

         (i)  For high schools, a general purpose classroom shall contain a minimum of 800 square feet, including storage, or 32 square feet per student, whichever is greater.

 

         (j) Science laboratories and combination lab-classrooms shall be sized according to the joint recommendation of the National Association of Science Teachers and the Laboratory Safety Institute at 45 square feet per pupil for separate labs and 60 square feet per pupil for combination lab-classrooms or a minimum of 900 square feet for separate labs and 1200 square feet for combination lab-classrooms.  There shall be a maximum of 24 laboratory work stations, at least one of which shall be suitable for students with disabilities and in compliance with RSA 275-C. 

 

         (k)  Library-media centers shall be sized at 4 square feet per student times the design capacity or a minimum of 1800 square feet.

 

         (l) When an area in a school building is used as multi-purpose space, standards for educational space shall take precedence over standards for support space.  Multi-purpose space includes, but is not limited to, an area used for physical education that becomes the dining area at meal time.

 

         (m)  Required educational space shall not be reduced or eliminated in order to provide additional support space or space for extracurricular activities.

 

         (n)  Charter schools shall be exempt from the minimum space sizes in this section.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.11  Special Education Space.

 

         (a)  In addition to the requirements of Ed 321.10, space shall be provided in every school to meet the unique requirements of special education students, and to meet the requirements of Ed 1119.06.

 

         (b)  Exclusive use space shall be provided for speech therapy, physical therapy, occupational therapy, and private counseling.  Physical and occupational therapy may be co-located.

 

         (c)  The minimum total amount of exclusive use space for special education shall be 600 square feet.  An area for private meetings with parents and staff shall be available, although it need not be used exclusively for special education use.

 

         (d)  Locked, fire proof containers shall be provided for record storage.

 

         (e)  A private office shall be provided for the special education coordinator if there is a position on the school staff.

 

         (f)  Charter schools shall be exempt from the minimum space sizes in this section.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.12  Standards for Support Space.

 

         (a)  Support space shall include, but shall not be limited to, offices, the nurse suite, kitchens, cafeterias, teacher preparation areas, gym locker rooms, team rooms, weight training rooms, storage areas, parking, and restrooms.

 

         (b)  The following standards shall apply to offices:

 

(1)  The school principal, each assistant principal, and each guidance counselor shall be provided a private office;

 

(2) The chief building maintenance individual, chief food service individual, and each administrative staff person shall be provided with administrative space exclusive of storage space and waiting areas;

 

(3)  All offices and administrative areas shall be provided with sufficient furniture appropriate to the work performed at that location; and

 

(4) The minimum total amount of administrative office space in a school building shall be 1200 square feet.  The minimum size shall be based on an administrative staff of 6 individuals.  For schools with more than 6 staff members who require office space, the minimum total amount of administrative office space shall be increased by 120 square feet for each additional person requiring a private office and by 60 square feet for each additional person in an open office arrangement.

 

         (c)  The following standards shall apply in schools that have a school nurse:

 

(1)  The nurse shall be provided with:

 

a.  Exclusive administrative space;

 

b.  A waiting area;

 

c.  Space for examining patients that includes a sink with hot and cold water;

 

d.  Secure dry and refrigerated storage for medications; and

 

e.  A patient isolation area which includes one cot for every 200 pupils in the design capacity;

 

(2)  A separate restroom shall be provided which meets current accessibility requirements; and

 

(3)  The minimum size of the nurse suite shall be 625 square feet for schools with a design capacity greater than 750 pupils.  The minimum size of the nurse suite for schools with a design capacity of 750 pupils or less shall be 300 square feet.

 

         (d)  The following standards shall apply to kitchens and cafeterias:

 

(1)  The kitchen and cafeteria shall be sized so as to allow each student a minimum of 10 minutes, not including serving time, to sit at a table and consume his or her meal during a specified lunch period;

 

(2)  The cafeteria shall be sized based upon 12-15 square feet per student for the maximum number of diners in any given lunch period.  The throughput of the serving line or lines shall ensure that all students can be served in the allotted time and that no student has to wait for a seat to become vacant before eating; and

 

(3)  The kitchen shall be of sufficient size to allow the proper installation of all necessary equipment with the necessary spacing between appliances to meet the applicable safety requirements as specified by the manufacturer, the state building code under RSA 155-A, and the New Hampshire department of labor.

 

         (e)  Each teacher shall be provided with at least 64 square feet of shared administrative space to be used for lesson preparation and grading student work during periods when that teacher is not conducting classroom instruction. Shared administrative space shall include a desk or other work surface, a seat, and task lighting. This requirement may be fulfilled within educational space if that space is exclusively assigned to one teacher.

 

         (f)  Sufficient lockers, changing areas, and showers shall be provided for the maximum number of students in any scheduled physical education class for grades 7-12.

 

         (g)  One team room may be provided for each athletic team in season.

 

         (h) One weight training room may be provided for grades 9-12.

 

         (i)  The following standards shall apply to storage space:

 

(1)  Each student and staff member shall be provided with adequate space to store outer garments, books, and other personal items for the duration of the school day.  Food service workers, custodians, and other staff who require special clothing shall be provided sufficient storage as required;

 

(2)  Sufficient storage space shall be provided for general office supplies, text books, classroom equipment and similar items as required for administrative purposes;

 

(3)  Sufficient space shall be provided to properly store athletic equipment, musical instruments, uniforms and other items of school property used by students or activities;

 

(4)  Sufficient storage shall be provided to properly store cleaning supplies, tools, spare parts, unused furniture, equipment not in use, and other like items required for custodial and maintenance activities;

 

(5)  Adequate dry and cold storage shall be provided to meet the requirements of the food service program for food storage and shall be sufficient to allow foodstuffs and paper products to be purchased in bulk; and

 

(6)  Sufficient dumpsters or other type containers shall be provided to adequately handle refuse based upon the refuse collection schedule.

 

         (j)  The following standards shall apply to parking space:

 

(1)  Outside vehicle parking space shall be provided for at least 100 percent of the staff and 75 percent of the students eligible to drive a vehicle; and

 

(2)  Additional parking areas shall be provided for visitors, parents, and school buses as required;

 

(3)  A waiver of these requirements may be requested by the school district under Ed 321.28.  The waiver request shall include detailed information and statistics which shall demonstrate that a lesser amount of parking will meet the needs of the facility in question.

 

         (k)  Charter schools shall be exempt from the minimum space sizes in this section.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.13  Fire Safety Requirements.

 

         (a)  All construction of school facilities shall meet the requirements of the state fire code under Saf-C 6000 as adopted by the commissioner of the department of safety under RSA 153 and as amended pursuant to RSA 153:5, I by the state fire marshal with the board of fire control. The drawings and specifications of public school construction shall be evaluated by the state fire marshal according to the state fire code.  Pursuant to RSA 153, the state fire marshal shall judge the drawings and specifications according to other related parts and standards of the Life Safety Code under NFPA Doc. No. 101, and the state building code under RSA 155-A.

 

         (b)  The certificate of substantial completion shall not be issued to the construction contractor prior to receipt of a letter of approval of the design from the state fire marshal.

 

         (c)  Variances for the provisions of Ed 321.13 may be granted by the state fire marshal in accordance with the provisions of Saf-C 6005 as adopted by the commissioner of the department of safety under RSA 153 and as amended pursuant to RSA 153:5, I by the state fire marshal with the board of fire control.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20

 

         Ed 321.14  Construction Costs.

 

         (a)  For a new building or addition to an existing building, construction cost shall include the cost of labor and materials to erect the building and foundation.  The cost of site development shall not be included in construction cost.

 

         (b) Equipment that is normally fastened to the structure shall be included in construction costs.  Components of heating, ventilating, and air conditioning (HVAC) systems, electrical wiring and equipment, plumbing fixtures, components of fire protection systems, and door hardware shall be included in construction costs, as defined in Ed 321.02(b).

 

         (c)  In renovation projects, construction costs shall include the cost of labor and materials for repairing, replacing, remodeling, or altering the existing structure or building systems.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.15)

 

         Ed 321.15  Total Cost of School Building Construction.

 

         (a)  For purposes of calculating school building aid, total eligible costs include:

 

(1)  The costs for acquisition of land and site development;

 

(2)  Construction costs;

 

(3)  Planning and design costs, including:

 

a.  Architectural fees;

 

b.  Engineering fees; and

 

c.  Project manager fees if required by RSA 198:15-c IV;

 

(4)  Purchase of furniture, fixtures, and equipment necessary for the completion of a building, including commissioning fees, computers and software necessary to operate the security, HVAC, or other building system components, fire retardant window treatments, seating, lockers, clock systems, sound systems, and other equipment that is integral to the building and educational services; and

 

(5)  Purchase or lease-purchase of mechanical, structural, or electrical equipment, including the cost of installation of such equipment, which is designed to improve energy efficiency or indoor air quality in buildings.

 

         (b)  Costs related to financing such as bonding charges and interest shall not be included in the total cost of school building construction and shall not be eligible for inclusion in the calculation of school building aid.

 

         (c)  Costs for construction work that is not located on school property shall not be eligible for inclusion in the calculation of school building aid.  This shall include, but not be limited to, costs for construction of municipally owned sidewalks, costs for improvements to municipally owned roadways, costs for installation of traffic control devices, and costs to construct or improve utility plant to bring service to the school.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.16)

 

         Ed 321.16  Construction Standards.

 

         (a)  All school construction shall comply with the requirements of the state building code under RSA 155-A. School design drawings and specifications shall bear the stamp and signature of individuals licensed to perform architecture or engineering in the appropriate disciplines in the state of New Hampshire.  The stamp and signature of the design professionals shall be understood to certify that the project has been designed in compliance with all applicable building codes and standards.

 

         (b)  Verification that construction has been performed according to state and local building codes and approval of variances shall be the responsibility of the local code enforcement official in the municipality in which the construction takes place, or the state fire marshal in accordance with RSA 155-A:7.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.17)

 

         Ed 321.17  Heating, Ventilating, and Air Conditioning (HVAC) Requirements.

 

         (a)  Schools shall be designed, constructed, and maintained to provide:

 

(1)  Code compliant outside air ventilation and exhaust systems to aid in the maintenance of indoor air quality; and

 

(2)  Code compliant heating temperatures throughout occupied building areas.

 

         (b)  In cases where air conditioning is provided, schools shall be designed, constructed, and maintained to provide code compliant cooling temperatures throughout all air conditioned spaces.

 

         (c) The design and installation of all HVAC systems shall comply with:

 

(1)  The state building code under RSA 155-A;

 

(2)  The code for energy conservation in new building construction under RSA 155-D; and

 

(3)  The state fire code under Saf-C 6000 as adopted by the commissioner of the department of safety under RSA 153 and as amended pursuant to RSA 153:5, I by the state fire marshal with the board of fire control.

 

         (d)  A school district may use energy recovery ventilation equipment in its school buildings for transfer of sensible and latent or sensible or latent energy from exhaust air to outside air. For the purposes of this paragraph, the transfer of sensible and latent or sensible or latent energy from exhaust air to outside air means the practice of extracting heat from exhaust air to limit the amount of new energy that is used to heat additional air from outside.

 

         (e)  Project construction documents shall require the HVAC contractor to provide the school maintenance personnel with record drawings, appropriate training, operating and maintenance manuals, and any other relevant information concerning the HVAC systems and components thereof.

 

         (f)  Project construction documents shall require a formal commissioning process for HVAC systems start-up and initial operation.  At a minimum, the construction documents shall identify the requirement for the development of a written commissioning plan specific to the project.  The commissioning plan shall identify a process of ensuring that prior to completion of a construction project, new and/or modified HVAC systems perform in accordance with the design intent and the construction documents.  The commissioning process shall include, but shall not be limited to, verification and functional performance testing on all HVAC equipment and controls, in all operating modes.

 

         (g)  Verification that construction has been performed according to state and local building codes and approval of variances shall be the responsibility of the local code enforcement official in the municipality in which the construction takes place, or the state fire marshal in accordance with RSA 155-A:7.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.18)

 

         Ed 321.18  Plumbing Requirements.

 

         (a)  Schools shall be designed, constructed, and maintained to provide code compliant plumbing systems, including potable water, sanitary sewer and vent, storm drain, and other specialty plumbing systems.

 

         (b)  The design and installation of all plumbing systems shall comply with:

 

(1)  The state building code under RSA 155-A;

 

(2)  The code for energy conservation in new building construction under RSA 155-D;

 

(3) The state fire code under Saf-C 6000 as adopted by the commissioner of the department of safety under RSA 153 and as amended pursuant to RSA 153:5, I by the state fire marshal with the board of fire control; and

 

(4)  The state code for barrier-free design, Abdf 300.

 

         (c)  At a minimum, the following plumbing fixture ratios shall be provided for in each school building unless a higher number is required by the state building code under RSA 155-A:

 

(1)  The ratio of water closets to the number of students shall be one water closet per 30 students or fraction thereof;

 

(2)  For boys and girls in all grade levels, the ratio of lavatories to the number of students shall be 1-40.  Wash fountain sinks may be substituted for lavatories as permitted by the state building code under RSA 155-A;

 

(3)  If the state plumbing code requires a larger number of fixtures, the number required by the code shall be provided, unless a written waiver is received from an appropriate authority empowered to grant such waivers; and

 

(4)  Whenever a school building is designed to allow restricted access to parts of the building such as the gymnasium or the auditorium, a sufficient number of restrooms and water closets or urinals shall be included within the restricted area to accommodate the maximum occupancy of the restricted area in accordance with the state building code under RSA 155-A.

 

         (d)  For the purposes of Ed 321.18(c)(1):

 

(1)  Fifty percent of the enrollment will be assumed to be girls and 50 percent boys unless there is strong information to indicate that a different ratio is appropriate; and

 

(2)  Urinals may be used in lieu of water closets as permitted by the state building code under RSA 155-A.

 

         (e)  Sinks and wash fountain sinks shall be provided in laboratories and other instructional spaces as required. Corrosion-resistant fixtures, special waste systems, and waste interceptors shall be provided as required by the project program demands and the state building code under RSA 155-A.

 

         (f)  A minimum of one custodial sink shall be provided in each school building.

 

         (g)  A minimum of one school nurse sink compliant with the accessibility requirements under Abdf 300 shall be provided in each school building where a school nurse is assigned.

 

         (h)  Where integral to hand washing sinks, receptors for drinking fountains shall be directed to a receptor basin separate from the hand washing sink.  One drinking fountain or water cooler shall be provided for every 40 students or fraction thereof, unless a larger number is required by the state building code under RSA 155-A, in which case the code requirement shall be met.

 

         (i)  Emergency shower and eye wash stations shall be provided in all science labs, automotive shops, and other places where hazardous liquids or open flames are frequently used and shall comply with the American National Standards Institute Z-358.1 Eyewash standards 2014 as referenced in Appendix II.

 

         (j) Project construction documents shall require the plumbing contractor to provide the school maintenance personnel with record drawings, appropriate training, operating and maintenance manuals, and any other relevant information concerning the plumbing systems and components thereof.

 

         (k)  Project construction documents shall require a formal commissioning process for plumbing systems start-up and initial operation.  At a minimum, the construction documents shall identify the requirement for the development of a written commissioning plan specific to the project.  The commissioning plan shall identify a process of ensuring that new and modified or new or modified plumbing systems perform in accordance with the design intent and the construction documents.  The process shall include, but shall not be limited to, verification and functional performance testing on all plumbing equipment and controls, in all operating modes.

 

         (l)  Verification that construction has been performed according to state and local building codes and approval of variances shall be the responsibility of the local code enforcement official in the municipality in which the construction takes place, or the state fire marshal in accordance with RSA 155-A:7.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.19)

 

         Ed 321.19  Electrical Requirements.

 

         (a)  Schools shall be designed, constructed, and maintained to provide code compliant electrical systems that include:

 

(1)  Power distribution;

 

(2)  Lighting;

 

(3)  Fire alarms;

 

(4) Telecommunications systems that include but are not limited to the following specialty electrical systems:

 

a.  Data;

 

b.  Phone and intercom;

 

c.  Community access television (CATV); and

 

d.  Closed-circuit television; and

 

(5)  Security.

 

         (b)  The design and installation of all electrical systems shall comply with:

 

(1)  The state building code under RSA 155-A;

 

(2)  The code for energy conservation in new building construction under RSA 155-D; and

 

(3)  The state fire code under Saf-C 6000 as adopted by the commissioner of the department of safety under RSA 153 and as amended pursuant to RSA 153:5, I by the state fire marshal with the board of fire control.

 

         (c)  In addition to being in compliance with the state code for energy conservation in new building construction under RSA 155-D, the design and installation of all lighting systems shall comply with the Illuminating Engineering Society of North America (IESNA) Lighting Handbook 10th edition – 2011 as referenced in Appendix II.  Multiple use school spaces such as cafeterias and auditoriums shall have illumination for the highest level required by any planned use.

 

         (d)  In addition to complying with the state building code under RSA 155-A, the design and installation of all telecommunication systems shall also comply with the Building Industries Consulting Services International (BICSI) standards, the American National Standards Institute (ANSI), and the National Electrical Contractors Association (NECA) standards as follows:

 

(1)  The BICSI Telecommunications Distribution Methods Manual 13th edition 2014 as referenced in Appendix II;

 

(2)  The BICSI Outside Plant Design Reference Manual 6th edition 2018 as referenced in Appendix II;

 

(3) ANSI/BICSI 001-2017, Information and Communication Technology Systems Design and Implementation Best Practices for Educational Institutions and Facilities as referenced in Appendix II;

 

(4)  ANSI/NECA/BICSI N1-2019, Installation Practices for Telecommunications and ICT Cabling and Related Cabling Infrastructure, June 2019 edition, as referenced in Appendix II;

 

(5)  BICSI Information Technology Systems Installation Methods Manual, 7th edition - 2017 as referenced in Appendix II; and

 

(6)  NECA/BICSI 607-2011, Standard for Telecommunications Bonding and Grounding Planning and Installation Methods for Commercial Buildings as referenced in Appendix II.

 

         (e) Project construction documents shall require the electrical contractor to provide the school maintenance personnel with record drawings, appropriate training, operating and maintenance manuals, and any other relevant information concerning the electrical systems and components thereof.

 

         (f)  Project construction documents shall require a formal commissioning process for electrical systems start-up and initial operation.  At a minimum, the construction documents shall identify the requirement for the development of a written commissioning plan specific to the project.  The commissioning plan shall identify a process of ensuring that new and modified or new or modified electrical systems perform in accordance with the design intent and the construction documents.  The process shall include, but shall not be limited to, verification and performance testing on all electrical equipment and controls, in all operating modes.

 

         (g)  Verification that construction has been performed according to state and local building codes and approval of variances shall be the responsibility of the local code enforcement official in the municipality in which the construction takes place, or the state fire marshal in accordance with RSA 155-A:7.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.20)

 

         Ed 321.20  Acoustics.

 

         (a)  Educational spaces shall be constructed so as to meet or exceed the requirements of the ANSI S12.60 American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools part 1, 2010 edition and part 2, 2009 edition, as referenced in Appendix II.

 

         (b)  The school district may request a waiver under Ed 321.28 for meeting or exceeding the requirements in Ed 321.21(a) for educational spaces.

 

         (c)  Compliance with the acoustics standard shall be certified in writing by the lead architect or engineer.

 

Source.  #8265, eff 1-22-05; amd by #8631, eff 5-19-06; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.21)

 

         Ed 321.21  Steps in the Procedure for Approval of School Building Aid.

 

         (a)  Approval for a school site by the department shall not be given until the requirements in Ed 321.21(b)-(u) are completed.

 

         (b)  A letter of intent shall consist of:

 

(1)  Project information on the name, location, contact person, description, anticipated district approval date, estimated total cost, and anticipated commencement and completion dates for the project;

 

(2)  Description of the deficiencies in the existing building; and

 

(3)  A statement to be signed by the superintendent of schools of the district making application which indicates that the school board has reviewed the requirements of RSA 198:15-a, 15-b, and 15-c and Ed 321, and that a copy of Ed 321 has been provided to the lead architect or engineer responsible for design of the project.

 

         (c)  The letter of intent shall be received no later than 18 months prior to the beginning of the biennium in which school building aid grants are to be dispersed. If requested, the commissioner shall waive the letter of intent or its submittal deadline pursuant to the waiver provisions under Ed 321.28. 

 

         (d)  An application for school building aid shall consist of:

 

(1)  School building aid application for each building where eligible construction work is to be accomplished, which shall include the following information from the school district:

 

a.  Project information including the location, contact person, estimated cost of the project, school approval level, project type, and project delivery method;

 

b.  Identification of architect and project manager, if required by RSA 198:15-c;

 

c.  Identification of the total number of students, staff, and student drivers, the design capacity, educational capacity, and utilization rate;

 

d.  A brief description of the project;

 

e.  Description of the project alternatives considered and rational for selecting the alternative chosen;

 

f.  Description of the current and proposed energy use of the facility;

 

g.  A list of the deficiencies and, if applicable, a statement of how the proposed project will correct the deficiencies;

 

h.  A description of the maintenance requirements identified in RSA 198:15-b, I-a;

 

i.  Square footage of the building before and after construction;

 

j.  Anticipated project costs and unit costs;

 

k.  Anticipated funding sources and anticipated amounts from each source; and

 

l.  Amount of district debt, total assessed valuation, and percent debt to valuation;

 

(2)  The school building application shall include the following attachments:

 

a.  A completed and signed “Condition Evaluation Form” dated February 5, 2020;

 

b.  A statement of assurance, signed by the chair of the school board, which indicates that the district intends to maintain and service all installed equipment according to the manufacturer’s instructions;

 

c.  A copy of the school or district’s 20-year maintenance plan in accordance with RSA 198:15 I-a. (l);

 

d.  Minutes of the meeting to put forth the project for voter consideration and funding;

 

e.  Most recent fire and health inspection reports;

 

f.  Copy of completed request for project review from the department of cultural resource, division of historical resources;

 

g.  Acknowledgement that plans shall be submitted to the state fire marshal’s office for a plan review prior to construction;

 

h.  Acknowledgement that the applicant shall submit for energy efficiency reimbursement from their regulated utility under RSA 374-F, as required by RSA 198:15-c;

 

i.  Copy of engineering reports, space utilization studies, or other appropriate documents that confirm the need to remediate the existing conditions;

 

j.  Life cycle cost analysis, in accordance with RSA 198:15-b I.(b)(2);

 

k.  Documentation on the selected design capacity;

 

l.  Educational capacity calculations;

 

m.  An aerial view of the existing building(s) with the total square footage and the year of construction labeled for the original building and any additions;

 

n.  Site plan which indicates the boundaries of school owned property to be developed, location of proposed construction, location of wetlands and bodies of water, and location of existing structures;

 

o.  Preliminary architectural drawings including outside elevations, and dimensioned floor plans that are labeled as to the use of each space;

 

p.  Outline of technical specifications;

 

q.  The completion of the data collection survey or the general description of major building systems, including but not limited to heating, ventilation, electrical, plumbing, and fire protection;

 

r.  If the project includes the purchase of land, attach site information such as the total buildable area, descriptions of the restrictions the site might have, the status of any necessary testing and permitting, and the proposed grading plan; and

 

s.  A digital copy of the application and attachments.

 

         (e)  To be considered for building aid in the following biennium, complete applications shall be filed with the department no later than July 1 of the year prior to the biennium in which school building aid grants are to be dispersed in accordance with RSA 198:15-c.

 

         (f)  The department shall notify the applicant within 30 days of receipt of an application that either:

 

(1)  The application is complete and approved for project ranking; or

 

(2)  The application is incomplete and is not approved for project ranking.

 

         (g)  The department shall award a score to each application using the “Condition Evaluation Form” dated February 5, 2020.  The department shall conduct a site visit to the location of each application subject to the availability of time and funds for making such visits.  The department shall present the applications including the completed condition evaluation to the school building authority.

 

         (h)  Projects shall be scored according to the following criteria.

 

(1)  Correcting unsafe conditions, 250 points possible;

 

(2)  Updating obsolete, inefficient, and unsuitable facilities, including correcting deficiencies with the Americans with Disabilities Act, 100 points possible;

 

(3)  Correcting overcrowding conditions and addressing increased enrollment projections, 50 points possible;

 

(4)  Having an active maintenance program that tracks scheduled and unscheduled repairs, upkeep, minor alterations, enhancements to buildings, and preventive maintenance necessary to achieve the design life expectancy of building systems and components, 125 points possible;

 

(5)  Percent of student enrollment eligible for free or reduced cost meals, 200 points possible;

 

(6)  Adding and integrating school security systems, 100 points possible;

 

(7)  Contributing to operational cost efficiencies, consolidation, or reduced property taxes, 50 points possible;

 

(8)  Designing a high performance facility that provides an environment that is energy and recourse efficient, 100 points possible; and

 

(9)  Preserving historical elements of the facility, as requested by the New Hampshire department of natural and cultural resources, division of historical resources, 25 points possible.

 

         (i)  Projects shall be ranked in descending order with the project receiving the highest score ranked first with the following exceptions:

 

(1)  No application which receives at least half of the possible points for unsafe conditions in (h)(1) above shall be ranked below any application that receives fewer than half of the possible points for unsafe conditions;

 

(2)  Except as allowed by (i)(1) above an application that was on the prioritized list in the previous biennium and approved by the district’s legislative body, but did not receive a grant due to insufficient funds in the previous biennium, shall be ranked ahead of any application that was not on the list in the previous biennium; and

 

(3)  In the event that 2 or more applications receive the same number of points, they shall be ranked according to the number of points scored in the unsafe conditions category.  If a tie score remains after ranking for unsafe conditions, the school building authority shall determine the ranking of those applications.

 

         (j)  Points for unsafe conditions shall be awarded only for conditions caused by normal wear and tear, code changes since construction of the building, or a natural event.  Conditions that result from insufficient maintenance or neglect as described in Ed 321.25(g) or Ed 321.25(h) shall not be considered for points.

 

         (k)  In accordance with RSA 198:15-c II(a), by December 1 of each year prior to the biennium in which school building aid grants are to be dispersed, the school building authority shall verify the ranking submitted by the commissioner and submit a list in descending rank order to the state board of education for approval. If the submitted list differs from the preliminary ranking from the department of education, the school building authority shall justify the new ranking list using the same criteria identified in (h) and (i) above.

 

         (l)  The prioritized list of applications shall be approved by majority vote of the school building authority.

 

         (m)  In accordance with RSA 198:15-c, II.(a), the state board shall approve and publish the descending rank ordered list of applications by January 15 of the year prior to the biennium in which school building aid grants are to be dispersed.  If the state board determines that the school building authority or the department failed to comply with the requirements of Ed 321 or RSA 198:15-c in developing the prioritized list, the list shall be returned for appropriate corrective actions.

 

         (n)  School districts and charter schools shall have 15 business days following the publication of the prioritized list of applications to appeal the prioritization of their applications.  Appeals shall be submitted in writing to the state board and signed by the chair of the local school board or chair of the board of directors of a charter school.

 

         (o)  Final drawings and technical specifications shall be provided to the department for review and approval as soon as they become available.

 

         (p)  The department shall approve final drawings and technical specifications upon receiving the following information:

 

(1)  Drawings and technical specifications signed and stamped by individuals licensed in the appropriate disciplines to practice architecture or engineering in the state of New Hampshire;

 

(2)  A signed letter of certification provided by the designers indicating that the design meets the state building code under RSA 155-A, the code for energy conservation in new building construction under RSA 155-D, the New Hampshire code for barrier-free design under Abfd 300, the requirements of Ed 321, and that no asbestos containing materials have been specified; and

 

(3)  Certification that reference any properly approved code or permit variances or waivers.

 

         (q)  Certification that the design meets the state energy code shall be provided to the public utilities commission as required by Puc 1803.03.

 

         (r)  The department shall provide review comments in writing. Corrections shall be made if the review comments indicate that the design fails to meet one or more state requirements.  Documentation of the corrections shall be provided to the department.

 

         (s)  Drawings and specifications shall be provided to the office of the state fire marshal. A letter of approval by the state fire marshal shall be issued and distributed upon the fire marshal's approval of drawings and specifications.  A copy of the letter of approval shall be provided to the department.

 

         (t)  If the project involves construction or extensive renovations of food service facilities, drawings and specifications shall be reviewed and approved by the bureau of food protection in the department of health and human services as required by He-P 2304.  A copy of the letter of approval shall be provided to the department.

 

         (u)  If the project includes a well or septic system, approval shall be obtained from the department of environmental services as required by RSA 485 and Env-Dws 406 and RSA 485-A and Env-Wq 1000, respectively. A copy of the approval(s) shall be provided by the applicant to the department.

 

         (v)  If the project includes an addition to a building using an existing well or septic system, but does not expand the capacity of the system, certification that the existing system is adequate shall be provided by an individual properly licensed in New Hampshire to give such certification.

 

         (w)  Upon receipt and approval of all required documents, the department shall approve a project for a school building aid grant and disburse funds to a school district or charter school as described in Ed 321.22.

 

         (x)  Following completion of all construction work and final actual costs have been determined, the school district or charter school shall submit a request for final payment with the following information:

 

(1)  Project information including the name of the project, contact person, the contracted date for project completion, and overall cost of the project;

 

(2)  Final space information;

 

(3)  Actual project costs;

 

(4)  Final unit costs;

 

(5)  Actual project funding sources and documentation of each source;

 

(6)  Explanation of all deviations from the approved design and cost;

 

(7)  A summary of invoices with date of invoice, vendor, description of item, amount of invoice, and category of item type such as a site acquisition or development cost, a construction cost, a planning and design cost, or a furniture, fixtures and equipment cost;

 

(8)  A signed statement from the school administrator, the person in charge of finances, and school board members or board of trustees, that the project is complete, the summary of invoices submitted are accurate, and that the project was built in accordance with all applicable building aid rules and law to the best of their knowledge;

 

(9)  Other information on code compliance, income sources, and required approval from other state agencies, not previously submitted; and

 

(10)  A digital copy of the information in (1) through (9) above.

 

         (y)  After review and verification of the information submitted in Ed 321.21(z), the department shall issue a project completion letter stating that all necessary requirements have been met and that all payments are final.

 

Source.  #8265, eff 1-22-05; amd by #8631, eff 5-19-06; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.23)

 

         Ed 321.22  School Building Aid Payments.

 

         (a)  School building aid shall be provided by the department from funds appropriated by the legislature to eligible local school districts and charter schools in accordance with RSA 198:15-a and Ed 321.  School building aid shall be paid for construction as authorized by RSA 198:15-b,II on property owned by a school district or , city in cities with school departments, or a charter school.

 

         (b)  By April 30 of each year, the department shall verify with each district the anticipated amount of school building aid to be provided in the following fiscal year. 

 

         (c)  For applications approved prior to July 1, 2013 school building aid payments shall be made semi-annually in October and April of each fiscal year.  Semi-annual payments shall be in approximately equal amounts.  In the event that payments are prorated in accordance with RSA 198:15-e, the October payment shall be 50 percent of the annual total with the full prorated reduction occurring in the April payment.

 

         (d)  For applications approved after July 1, 2013, school building aid payments shall be made in 2 increments.  The department shall encumber the full eligible amount of the grant in the fiscal year in which construction is expected to begin.  Eighty percent of the estimated eligible grant shall be paid upon approval for payment by the department.  The balance of the total grant shall be paid upon completion of construction and verification by the department.  The amount of the total grant shall be calculated based on the actual cost of construction financed from eligible sources.  Payment for actual costs that exceed the amount estimated at the time of approval for payment shall be subject to the availability of funds.

 

         (e)  Approval for payment by the department shall be given upon completion of all of the following:

 

(1)  Vote of the legislative body of the district or the board of directors of a charter school approving the construction project and appropriating the local share of funds necessary to complete the project;

 

(2)  Approval of the project by the state board;

 

(3)  Receipt of all project documentation required by the department;

 

(4)  Approval of the project design, technical specifications, and cost estimate by the department;

 

(5)  Availability of funds in the state budget according to the priorities established by the state board pursuant to RSA 198:15-c; and

 

(6)  Receipt by the department of a copy of a signed construction contract between the school district or charter school and a contractor authorized to conduct construction business in New Hampshire by the secretary of state.

 

         (f)  The department shall disburse 80% of the estimated school building aid grant to the school district or charter school.  The remainder of the grant shall be encumbered until the completion of the project.

 

         (g)  School districts shall submit quarterly project status updates to the department until the project is completed.

 

         (h)  The department shall disperse the final grant payment based on actual costs of the project after review and verification of the information submitted with the request for final payment identified in Ed 321.21(x).

 

Source.  #8265, eff 1-22-05; amd by 8631, eff 5-19-06; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.24)

 

         Ed 321.23  Building Aid for Planning and Design of School Facilities.  Building aid for architectural, engineering, and other services associated with the planning and design of new school facilities or modifications to existing facilities as authorized by RSA 198:15-b,II(b) and (d) shall not be paid until construction has been approved by the legislative body of the school district or board of directors of a charter school and the project has been approved for funding by the department.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.25)

 

         Ed 321.24  Maximum Allowable Construction Cost.

 

         (a)  School building aid grants shall be subject to the maximum allowable construction cost under RSA 198:15-b,IV(a).

 

         (b)  School building aid shall be calculated based upon the actual construction cost or the maximum allowable construction cost, whichever is lower.  The department shall publish the maximum allowable construction cost no later than November 1 of each year.  The annually published maximum allowable construction cost shall apply to construction which begins after March 31 of the following year.

 

         (c)  The department shall use construction cost and inflation indices developed by the R.S. Means Company of Kingston, Massachusetts as the basis for setting the annual maximum allowable construction cost. The department shall compare the R.S. Means data to actual construction costs for the previous 3 years, and shall adjust the maximum allowable cost upward if the R.S. Means data is lower than the average cost for the previous 3 years after adjusting the actual costs for inflation.

 

         (d)  The school district may request a waiver under Ed 321.28 for the maximum construction cost allowed under Ed 321.24.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.26)

 

         Ed 321.25  Substantial Renovation.  Eligibility for school building aid for substantial renovations as authorized by RSA 198:15-b, II(f) shall be determined as follows:

 

         (a)  The construction cost of the renovation project shall be compared to the construction cost of a complete new building equal in size to the building to be renovated using the maximum allowable construction cost as set by Ed 321.24.

 

         (b)  The construction cost of the renovation project shall exceed 25 percent of the construction cost of a new building or $5 million, whichever is lower.

 

         (c)  In order to allow school districts to complete large renovation projects without borrowing, school districts may propose projects to be funded over several years through direct appropriations.  A complete building aid application identified in Ed 321.21(e), including design drawings and technical specifications for all phases of the project shall be submitted in the fiscal year prior to the start of construction.  The scope of work and estimated cost of each phase shall be attached to the building aid application.  The total cost of all phases shall be used to determine the eligibility of projects which are scheduled to be phased over 2 or more consecutive years, subject to the approval of funding for subsequent phases by the legislative body of the school district.  In the event the district fails to fund subsequent phases of the project, school building aid payments shall cease and the district shall return all state funds received for the project. A lapse of one year shall be approved upon request of the district.  Multi-year projects shall be evaluated for prioritization under Ed 321.21(g)-(n) in the first year in which funding is requested.  Grants shall be calculated each year based on the amount appropriated by the district in that year.

 

         (d)  If the construction cost of the renovation project exceeds 60 percent of the cost of new construction, the following additional criteria shall be met:

 

(1)  The school district shall provide documentation that new construction was considered in lieu of renovation and explain why the renovation alternative was chosen; and

 

(2)  The scope of the renovation project shall provide that all building systems shall be upgraded to the most current codes and standards and that the building shall be fully accessible to individuals with disabilities.

 

         (e)  Renovation work done in conjunction with additions to existing buildings shall not be subject to paragraphs (a) through (c) above, but shall be subject to paragraphs (f) through (j) below.

 

         (f)  School districts shall maintain adequate property insurance to pay for damages resulting from weather and other natural events. School building aid shall not be provided for work that is covered by insurance or that should reasonably be expected to be covered by insurance.

 

         (g)  School building aid shall not be paid for repairs to equipment or structures that are covered by a valid warranty or guarantee.  If a warranty has been invalidated by the actions of a school district or its staff, school building aid shall not be paid for damages incurred during the warranty period.

 

         (h)  School building aid shall not be paid for repairs to buildings, systems, or components that result from failure to perform proper maintenance.  In making this determination, the department shall compare the age of the damaged materials or equipment to the expected useful life of the materials or equipment based on commonly accepted industry standards.  School districts shall provide maintenance records and other documentation concerning their maintenance program if necessary for the department to clearly understand the cause of equipment or system damage.

 

         (i)  School building aid shall not be paid for work that results from failure to follow building codes or previous guidance from the department.

 

         (j)  School building aid shall not be paid for repairs for which the school district makes a legal claim for damages until the legal proceeding has been resolved.  In such cases, any portion of the claim that is not satisfied by the legal proceeding shall be eligible for school building aid subject to the limitations in Ed 321.25(a) to (i).

 

         (k)  A school district may request a waiver under Ed 321.28 for how eligibility for school building aid for substantial renovations is determined under Ed 321.25.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.27)

 

         Ed 321.26  Community Use.

 

         (a)  Selected areas within a school facility may be constructed in a size large enough to accommodate use of the facility for community purposes other than education.  School building aid, however, shall be limited to the maximum allowable size and maximum allowable construction cost limits as described in Ed 321.04, Ed 321.06, and Ed 321.24.

 

         (b)  Required educational space shall not be eliminated or reduced in order to provide community use space within the maximum size and cost limits.

 

         (c)  A school district may request a waiver under Ed 321.28 for the limitation on school building aid and required educational space under Ed 321.26(a) and (b).

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.28)

 

         Ed 321.27  Ineligibility for School Building Aid.

 

         (a) The following shall be considered ineligible for school building aid under RSA 198:15-c unless a waiver is granted under Ed 321.28:

 

(1)  Swimming pools or natatoriums;

 

(2)  Field houses;

 

(3)  Indoor tennis courts;

 

(4)  Indoor tracks except suspended tracks that do not increase the overall size of the building;

 

(5)  Ice rinks;

 

(6)  Artificial turf on athletic fields;

 

(7)  Auditoriums with a seating capacity including seating capacity for staff greater than 50 percent of the building support space design capacity;

 

(8)  All auditoriums in elementary schools;

 

(9)  Resurfacing of tracks, courts, and playing fields;

 

(10)  Motor vehicles;

 

(11)  School administrative unit facilities;

 

(12)  Career and technical centers receiving project funding under RSA 188-E; and

 

(13)  Text books;

 

(14)  Computers and software that are not integral to the building systems;

 

(15)  Portable classrooms; and

 

(16)  Leases.

 

         (b)  The following one-time expenses for newly formed schools shall be eligible for school building aid under RSA 198:15-c:

 

(1)  Library books;

 

(2)  Computer software; and

 

(3)  Outdoor athletic facilities.

 

         (c)  School districts may submit a written request to the commissioner for inclusion of such items in their school building aid grant. The request shall include an explanation of how approval of the request will support the educational needs of the school district. The written request shall be submitted according to the waiver provisions in Ed 321.28.

 

         (d)  Appeals of decisions concerning eligibility may be made to the state board of education under Ed 200. Nothing in this section shall preclude a school district from constructing such facilities or purchasing items with local funds.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.29)

 

         Ed 321.28  Waiver Provisions.

 

         (a) The commissioner of the department or the commissioner’s designee may grant waivers for the standards required in Ed 321.03, Ed 321.04, Ed 321.06, Ed 321.10, Ed 321.12, Ed 321.20, Ed 321.21(bc), Ed 321.24, Ed 321.25, Ed 321.26, and Ed 321.27.

 

         (b)  All waiver requests shall:

 

(1)  Be submitted in writing;

 

(2)  Be signed by the superintendent of schools of the district requesting the waiver;

 

(3)  Include:

 

a.  Reference to the specific section of Ed 321 for which a waiver is requested;

 

b.  A detailed explanation of the standard to be waived and the degree to which the standard will be met if the request for waiver is approved;

 

c.  A detailed explanation of the conditions that prevent compliance with the standards of Ed 321, or an explanation of how the waiver is in the best interest of education or is the most effective use of resources;

 

d.  An explanation of the district's attempts to achieve compliance with the standard;

 

e.  Maps, drawings, or diagrams as appropriate to illustrate and clarify the waiver request;

 

f.  An explanation of the impact of a denial of the request for a waiver; and

 

g.  Other information to support the request that the district would like to have considered.

 

         (c)  Waiver requests for Ed 321.03(f) shall also include the following information:

 

(1)  A site utilization plan showing all pertinent features for meeting the requirements of the educational specifications that includes:

 

a.  The location for parking;

 

b.  Outdoor play areas;

 

c.  Other municipal playing fields; and

 

d.  Any other spaces available for student use;

 

(2)  A long-range plan for any planned expansion of future spaces, such as additions, playing fields, parking lots and any other spaces available for student use; and

 

(3)  Any pertinent data relative to land values and the availability of other property, contiguous or not, that can be acquired to enlarge a school site.

 

         (d)  The commissioner or the commissioner’s designee shall request additional information as necessary for a ruling on the request for a waiver.

 

         (e)  A written ruling shall be provided to the district by the department within 60 days of receipt of the request for a waiver or following receipt of any additional information requested by the department.  A waiver shall be approved if in the determination of the commissioner of the department or the commissioner’s designee, approval of the request for a waiver will not compromise the quality of education required in Ed 306 and is the best use of available resources.

 

         (f)  Any part of construction work that is dependent upon or otherwise affected by the results of the request for waiver shall not proceed until a ruling on the request has been received from the department.

 

         (g)  School districts may appeal the decision of the commissioner or the commissioner's designee to the state board as provided in Ed 200.

 

Source.  #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.30)

 

         Ed 321.29  Air Quality and Energy Efficiency Projects.  Projects intended to improve air quality or energy efficiency shall be eligible to receive school building aid in accordance with RSA 198:15-b,II,(g) and shall not be subject to the requirements of Ed 321.25.  Air quality or energy efficiency projects may be financed through a lease-purchase agreement with a vendor.  A copy of the lease-purchase agreement shall be submitted to the bureau of school approval and facility management, with the final application for school building aid.  The agreement shall clearly indicate the costs of labor and equipment separate from rental costs, utility costs, maintenance service costs, interest, or any other charges that are not eligible for school building aid under RSA 198:15-b,II.

 

Source.  #8631, eff 5-19-06; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.31)

 

PART Ed 322  REGIONAL CAREER AND TECHNICAL EDUCATION CENTER LEASE AID

 

          Ed 322.01  Purpose.  The purpose of Ed 322 is to implement the provisions of RSA 198:15-hh relative to providing annual grants to meet the costs of leasing permanent space in buildings for regional career and technical education centers that are used for the operation of high school career and technical education programs.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.02  Definitions.  Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 322:

 

          (a)  “Construction” means construction as defined in RSA 188-E:2, IV;

 

          (b)  “Department” means the New Hampshire department of education;

 

          (c)  “District” means a school district as defined in RSA 194:1, and a cooperative school district as defined in RSA 195:1;

 

          (d)  “Lease” means an agreement to lease permanent space in a building or buildings not owned by the district for a regional vocational center program that is used for the operation of a high school vocational technical education program and that is eligible to receive grants under RSA 198:15-hh;

 

          (e)  “Leased facility” means permanent space in a building or buildings as described in the lease;

 

          (f)  “Regional career and technical education center” means those buildings designated as regional career and technical education centers under RSA 188-E:1 as part of a high school vocational technical education program;

 

          (g)  “Regional career and technical education center program” means a high school career and technical education curriculum offering that is eligible to receive grants under RSA 188-E and RSA 198:15-hh; and

 

          (h)  “School lease aid” means the annual grant for a lease under RSA 198:15-hh, I.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.03  Lease Agreements.

 

          (a)  A lease shall be approved by the legislative body of the district as prescribed in RSA 198:15-hh.

 

          (b)  A lease shall only be approved for educational space to be used by a regional career and technical education center. Lease costs for administrative space, space for non-vocational technical education programs, and storage beyond what is required for vocational technical education programs in the regional vocational center shall not be eligible for reimbursement.

 

          (c)  An initial lease shall be for a term of 10 years or less to be eligible to receive school lease aid.

 

          (d)  The applicant shall be responsible for paying to the property owner all costs incurred through the lease School lease aid shall be considered a reimbursement of a portion of rental costs as authorized by RSA 198:15-hh, provided that sufficient funds are appropriated by the legislature and made available to the department.

 

          (e)  A lease shall continue until its term expires.  The sale of the property by the owner or a declaration of bankruptcy by the owner shall not terminate the agreement entered into with the district.

 

          (f)  The lease shall provide for dedicated on-site parking for staff and students.

 

          (g)  The lease shall state the parties responsible for carrying out the following activities, the procedures for carrying out such activities, and the cost of and payment for completing the activities at the regional career and technical education center:

 

(1)  Maintenance;

 

(2)  Custodial services;

 

(3)  Refuse removal;

 

(4)  Snow removal; and

 

(5)  Grounds maintenance.

 

          (h)  Costs for utilities, heat, and the items listed in (g) above shall not be eligible for reimbursement. 

 

          (i)  The duties of property owners in Ed 322.07 shall be included in the provisions for each lease.

 

          (j)  The lease for a regional career and technical education center and the center's programs shall be included in the annual review of the regional career and technical education center by the department under Ed 322.08.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.04  Approval and Review of Leases.

 

          (a)  Each lease shall be reviewed by the applicant’s attorney licensed in New Hampshire who is knowledgeable in contract law pertaining to such lease agreements.  Applicants wishing to receive school lease aid shall submit certification to the department that the lease has been reviewed, approved, and signed.

 

          (b)  The review shall be for the purpose of compliance with factual law and contains no factual errors.

 

          (c)  The review shall be to determine compliance with contract law including no omissions and the lease has been amended as necessary.

 

          (d)  A lease shall be reviewed and approved by the department using the following factors to determine that the lease represents an efficient use of state and local resources:

 

(1)  Space requirements as compared to available space at the existing regional career and technical education center and according to current standards for school building construction;

 

(2)  Projected student enrollment;

 

(3)  Need for specialized space or equipment; and

 

(4)  Cost compared to the cost of construction for an equivalent school facility.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.05  Renewal of Leases.

 

          (a)  Leases may be renewed for a maximum of 10 years.  Upon renewal, a lease agreement shall remain eligible to receive school lease aid if the department determines that the lease represents an efficient use of state and local resources.

 

          (b)  The department shall use the following factors to make the determination that the lease represents an efficient use of space and local resources:

 

(1)  Space requirements as compared to available space;

 

(2)  Projected student enrollment;

 

(3)  Need for specialized space or equipment; and

 

(4)  Cost.

 

          (c)  Whether a lease is renewed shall be reviewed during the planning for future construction projects at the regional career and technical education center. Requirements being met through the regional career and technical education center shall be included in the planning for the construction project. A lease shall be terminated upon completion of the construction project.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.06  Early Termination of Leases.  The lease shall:

 

          (a)  Include a provision to allow early termination of the lease by the applicant in the event the building is no longer required to meet the needs of the regional center;

 

          (b)  Include a provision for early termination by the district in the event the property owner fails to fulfill the terms of the lease; and

 

          (c)  Include a provision that requires the property owner to give notice of at least 60 days prior to early termination of the lease by the property owner.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.07  Duties of Applicant.

 

          (a)  In order for an applicant to be eligible for school lease aid, the applicant shall comply with the provisions of this section.

 

          (b)  The applicant shall ensure the identification of the location of any and all asbestos-containing material prior to occupancy of the property as a regional vocational center by the.  Pursuant to RSA 141-E:3, the leased property shall be subject to the requirements of the Asbestos Hazard Emergency Response Act (AHERA), 15 USC 53.

 

          (c)  The applicant shall conduct or cause to be conducted a water test prior to occupancy of the property as a regional career and technical education center.  The applicant shall also conduct or cause to be conducted a water test annually on the date occupancy commenced.  The applicant shall obtain water quality results either from the municipal system, if connected, or in accordance with the applicable provisions of Env-Ws 300 et seq. or successor rules in subtitle Env-Dw as required for non-transient, non-community water systems.

 

          (d)  The applicant shall ensure the property owner will allow testing for air quality, mold, lead, asbestos, or any other hazardous materials or conditions at the expense of the school.  The applicant shall ensure the property owner will promptly correct any deficiencies identified by such testing at the expense of the property owner.  Testing shall be allowed prior to occupancy of the property as a regional career and technical education center, and at any time during such occupancy.

 

          (e)  The applicant shall ensure property and liability insurance is maintained to fully compensate for loss or damage to property or any other costs associated with an event resulting from negligence by the owner or the owner's agents or employees.

 

          (f)  If utility costs are included in the monthly or annual lease payment, the property owner shall separate those costs from the rental costs on the invoice submitted to the district.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed322.08  Regional Career and Technical Education Center Programs.  Each regional career and technical education center program in a leased facility shall be reviewed on an annual basis by the department. The annual review shall indicate a need to lease or to continue leasing space.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

          Ed 322.09  School Lease Aid.

 

          (a)  Applications for school lease aid for leased facilities shall be submitted to the department prior to January 1 of each year in order to be eligible to receive a grant for school lease aid in the fiscal year following the year of submittal.

 

          (b)  In order to be eligible to receive school lease aid for a regional career and technical education center program in a leased facility, the applicant shall meet the following requirements:

 

(1)  The applicant shall provide the department with a transportation plan and budget for the use of the leased facility;

 

(2)  The applicant shall submit to the department a certificate signed by the local code enforcement official, fire chief, a licensed engineer, or a licensed architect that indicates that the leased facility meets:

 

a.  The state building code under RSA 155-A;

 

b.  The state fire code under RSA 153:1, VI-a and Saf-Fmo 300, as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5; and

 

c.  The New Hampshire code for barrier-free design under Abfd 300;

 

(3)  The leased facility shall meet the minimum space requirements of RSA 198:15-b, RSA 198:15-d, RSA 198:15-e, RSA 198:15-g, and Ed 321; and

 

(4)  If food service operations, either culinary arts education or school provided meals, are to take place in the leased facility, the district shall submit letters of approval to the department for the operations from the department's bureau of nutrition and from the bureau of food protection in the New Hampshire department of health and human services, as provided in He-P 2304.

 

          (c)  School lease aid grant payments for leased facilities shall be awarded to the applicant at the same time and in the same manner as grant payments for construction projects under RSA 198:15-b.

 

          (d)  In the event that the annual budget for school lease aid from funds appropriated by the general court is insufficient to give the applicant their full entitlement of school lease aid in any year, grant payments shall be prorated equally among all eligible applicants as specified in RSA 198:15-e.

 

          (e)  The application for school lease aid for a leased facility shall include:

 

(1)  A copy of the lease agreement;

 

(2)  An explanation of why the lease is necessary;

 

(3)  A floor plan showing the proposed layout and use of the space to be leased for the regional career and technical education center;

 

(4)  A site plan of the building and the surrounding property; and

 

(5)  A description of the surrounding area that includes the specific types of residential, commercial and industrial activities that take place on the property and on all abutting properties.

 

          (f)  In order to receive school lease aid grant payments for leased facilities, the applicant shall submit to the department information on the costs and descriptions of at least 2 alternative properties that have been considered to meet the requirements for a regional career and technical education center or charter school educational program in addition to the property that has been selected.  The reason for choosing the selected property over the others shall be clearly explained. 

 

          (g)  The initial building costs of modifying the building to meet the requirements of the educational program shall be eligible for school lease aid if the district is required to pay those costs by the terms of the lease.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #12895, EMERGENCY RULE, eff 10-10-19, EXPIRED 4-7-20

 

New.  #13207, eff 5-20-21

 

          Ed 322.10  Costs not Eligible for School Lease Aid for Leased Facilities.  The following costs shall not be eligible for school lease aid:

 

          (a)  Costs for damages to the leased facility beyond fair wear and tear;

 

          (b)  Any deposits of funds that the district is required to provide to the property owner that are subsequently returned to the district;

 

          (c)  Utility costs at the leased facility;

 

          (d)  Costs associated with the activities in Ed 322.03(g);

 

          (e)  Costs associated with a lease for the use of portable or modular classroom space;

 

          (f)  Costs for daily cleaning of the leased facility; and

 

          (g)  Costs for repairs for damages to the facility regardless of cause.

 

Source.  #8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

 

PART Ed 323  CHARTER SCHOOL LEASE AID

 

            Ed 323.01  Purpose.  The purpose of Ed 323 is to implement the provisions of RSA 198:15-hh, relative to providing annual grants to meet the costs of leasing permanent space in buildings for chartered public schools authorized under RSA 194-B:3-a.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

          Ed 323.02  Definitions.  Except where the context makes another meaning clear, the following words shall have the meaning indicated when used in Ed 323:

 

          (a)  "Chartered public school (charter school)" means "chartered public school" as defined in RSA 194-B:1, IV, and as approved pursuant to RSA 194-B:3-a;

 

            (b)  “Department” means the New Hampshire department of education;

 

            (c)  “Lease” means an agreement to lease permanent space in a building or buildings;

 

            (d)  “Leased facility” means permanent space in a building or buildings as described in the lease; and

 

            (e)  “Lease aid” means the annual grant for a lease under RSA 198:15-hh, I.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.03  Lease Agreements.

 

            (a)  Pursuant to RSA 198:15-hh, a lease shall be:

 

(1)  Approved by the charter school board of trustees; and

 

(2)  Initially for a term of 10 years or less to be eligible to receive lease aid.

 

            (b)  A lease shall continue until its term expires, and the sale of the property by the owner or a declaration of bankruptcy by the owner shall not terminate the agreement entered into with the charter school.

 

            (c)  The lease shall state the parties responsible for the following:

 

(1)  Carrying out maintenance;

 

(2)  The procedures for carrying out such maintenance; and

 

(3)  The cost of and payment for completing:

 

a.  Maintenance of the facility;

 

b.  Custodial services;

 

c.  Refuse removal;

 

d.  Snow removal; and

 

e.  Grounds maintenance.

 

            (d)  Costs for utilities, heat, and the items listed in (c) above shall not be eligible for reimbursement. If utility costs are included in the monthly or annual lease payment, the property owner shall separate those costs from the rental costs on the invoice submitted to the charter school.

 

            (e)  Costs for space beyond what is required for the operation of the charter school shall not be eligible for reimbursement.  If space is leased beyond what is necessary for the operation of the charter school, the property owner shall separate those costs on the invoice submitted to the charter school.

 

            (f)  The lease shall include the necessary provisions to allow for the duties identified in Ed 323.05 to be met.

 

            (g)  The lease shall include the following provisions:

 

(1)  Early termination of the lease by the charter school  in the event the building is no longer required to meet the needs of the charter school;

 

(2)  Early termination by the charter school in the event the property owner fails to fulfill the terms of the lease; and

 

(3)  The requirement that the property owner gives notice of at least 60 days prior to early termination of the lease by the property owner.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.04  Legal Review of Lease.

 

            (a)  The lease shall be reviewed, at the charter school’s expense, by the charter school’s attorney licensed in New Hampshire who shall be knowledgeable in contract law pertaining to such lease agreements.

 

            (b)  The review shall ensure alignment with the requirements outlined in Ed 323.03.

 

            (c)  The review shall be for the purpose of compliance with factual law and shall contain no factual errors.

 

            (d)  The review shall confirm compliance with contract law including no omissions, and that the lease has been amended as necessary.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.05  Duties of Applicant.  

 

            (a)  In order for the charter school to be eligible for lease aid, the charter school t shall comply with the provisions outlined in (b) below.

 

            (b)  The charter school shall:

 

(1)  Complete all local, state, and federal required water testing, including taking measures to limit exposure to lead in drinking water as outlined in RSA 485:17-a;

 

(2)  Ensure the property owner allows testing for air quality, mold, lead, asbestos, or any other hazardous materials or conditions at the expense of the charter school;  

 

(3)  Ensure any deficiencies identified by such testing will be promptly corrected, and testing shall be allowed prior to occupancy of the property and at any time during such occupancy;

 

(4)  Pursuant to 40 CFR §763.93 and Env-A 1810.17, develop an asbestos management plan for the leased property and shall be subject to the requirements of the Asbestos Hazard Emergency Response Act (AHERA) regulations 15 USC §2641-2656; and

 

(5)  Ensure property and liability insurance is maintained to fully compensate for loss or damage to property or any other costs associated with an event resulting from negligence by the owner or the owner's agents or employees.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.06  Lease Aid Application.  In order for the charter school to be eligible for lease aid, the charter school shall comply with the provisions of this section, as follows:

 

            (a)  By January 1, charter schools shall submit to the department the following:

 

(1)  A copy of the proposed lease agreement that meets the requirements in Ed 323.03;

 

(2)  The amount of the lease eligible for lease aid; 

 

(3)  An explanation of why the lease is necessary;

 

(4)  A site plan of the building and surrounding property;

 

(5)  A description of the surrounding area that includes the specific types of residential, commercial, and industrial activities that take place on the property and on all abutting properties;

 

(6)  Indication if the leased facility is on municipal or well water and, if applicable, the public water system identification  number issued by the department of environmental services;

 

(7)   Anticipated k-12 enrollment as of September 1 of school year aid request;

 

(8)  An assurance statement that the charter school shall comply with duties identified in Ed 323.05;

 

(9)  An assurance statement that the lease aid request only includes costs for space that is required for the operation of the charter school;

 

(10)  A statement that the charter school is aware that per Ed 321.13, all public school construction or reconstruction projects are required to have a review completed by the state fire marshal’s office; and

 

(11)  A statement that the charter school is aware of the additional submittal requirements and deadline in (b) below;

 

            (b)  By September 1, or prior to occupancy, whichever comes first, the charter school shall submit the following:

 

(1)  A statement that indicates that the leased facility meets the state building code under RSA 155-A signed by:

 

a.  The local code enforcement official;

 

b.  A licensed engineer;

 

c.  A licensed architect; or

 

d.  Another qualified professional;

 

(2)  A statement that indicates that the leased facility meets the state fire code under RSA 153:1, VI-a and Saf-Fmo 300, as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5 signed by:

 

a.  The local code enforcement official;

 

b.  The fire chief;

 

c.  A licensed engineer; or

 

d.  Another qualified professional;

 

(3)  A statement that indicates that the leased facility meets the New Hampshire code for barrier-free design under Abfd 300, signed by:

 

a.  The local code enforcement official;

 

b.  A licensed engineer;

 

c.  A licensed architect; or

 

d.  Another qualified professional;

 

(4)  If food service operations are to take place in the leased facility, proof of approval from the bureau of food protection at department of health and human services, as provided in He-P 2304;

 

(5)  A certification by the charter school’s attorney to the department that the lease meets the requirements in Ed 323.03 and the lease has been reviewed, approved, and signed; and

 

(6)  A copy of the property and liability insurance that meets Ed 323.05(b)(6); and

 

            (c)  If the items in (b) above are not submitted in the time frame required, the charter school shall forfeit lease aid for the fiscal year which they applied for.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.07  Review and Approval Process

 

(a)  For initial approval, the charter school shall apply for lease aid by submitting an application as outlined in Ed 323.06.  

 

            (b)  By September 1 of each year, the charter school may request to renew lease aid if no substantive changes have been made to the lease previously approved by the department through (a) above, and the following items have been submitted to the department:

 

(1)  Assurance statement that the charter school is still operating under the same lease approved by the department through (a) above, or submit an updated lease agreement certified by the charter school’s attorney to the department that the lease meets the requirements in Ed 323.03 and the lease has been reviewed, approved, and signed;

 

(2)  Updated amount of the lease eligible for lease aid, if applicable; and

 

(3)  An updated copy of the property and liability insurance that meets Ed 323.05(b)(6), if applicable.

 

            (c)  If substantive changes have been made to the lease, the charter school may reapply for lease aid by submitting an application per Ed 323.06.

 

            (d)  Upon review and approval of the items identified in (a) or (b) above, the department shall notify the charter school of their eligibility of lease aid. 

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.08  Payments.

 

            (a)  The amount of lease aid shall be in accordance with RSA 198:15-hh.  If the lease appropriation is insufficient, the appropriation grant payments shall be prorated equally among all eligible charter schools.

 

            (b)  If the items identified in Ed 323.07 (a) or (b) are not submitted in the time frame required, the charter school shall forfeit lease aid for the fiscal year which they applied for.

 

            (c)  Lease aid grant payments shall be made annually in November of each fiscal year and shall only be made if the charter school has students enrolled on opening day. 

 

            (d)  The charter school shall be responsible for all costs incurred through the lease.  Lease aid shall be considered a reimbursement of a portion of rental costs as authorized by RSA 198:15-hh, provided that sufficient funds are appropriated by the legislature and made available to the department.

 

            (e)  Lease aid shall be terminated if the leased space is no longer being used for the purposes proposed under the approval of lease aid.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 

            Ed 323.09  Eligibility.

 

            (a)  The initial building costs of modifying the building to meet the requirements of the educational program shall be eligible for lease aid if the charter school is required to pay those costs by the terms of the lease.

 

            (b)  The following shall not be eligible for lease aid:

 

(1)  Costs for space beyond what is required for the operation of the charter school;

 

(2)  Costs for utilities, heat, and the activities in Ed 323.03(c);

 

(3)  Costs for repairs for damages to the facility regardless of cause;

 

(4)  Any deposits of funds that the charter school is required to provide to the property owner that are subsequently returned to the charter school;

 

(5)  Costs for the use of portable or modular classroom space; and

 

(6)  Costs to make permanent upgrades or renovations to the leased space.

 

Source.  #13207, eff 5-20-21; ss by #13720, eff 8-12-23

 


APPENDIX I

 

Rule

State or Federal Statute or Federal Regulation Implemented

Ed 302

RSA 186:8, II

Ed 303

RSA 21-N:9, II(b); RSA 186:8, II

Ed 304

RSA 186:8, II

Ed 306.01(a), (b)

RSA 189:25

Ed 306.01(c)

RSA 194:23

Ed 306.02 intro

7 CFR Chapter II A, 42 USC §1751

Ed 306.02(a)-(d)

RSA 186:8,I

Ed 306.02(e)

RSA 189:25

Ed 306.02(f)

RSA 21-N:2,I

Ed 306.02(g)

RSA 189:39

Ed 306.02(h)

RSA 189:1-a; 189:25; 194:23

Ed 306.02(i)

RSA 186:8,I

Ed 306.02 (j)

RSA 189:1

Ed 306.02 (k)

RSA 193-C:3

Ed 306.02 (l)-(n)

7 CFR Chapter II A, 42 USC §1751

Ed 306.02 (o)

RSA 186:8,I

Ed 306.02 (p)

7 CFR Chapter II A, 42 USC §1751

Ed 306.02(q)

RSA 193-H:1

Ed 306.03

RSA 186:11, XIX

Ed 306.04

RSA 186:5

Specific provisions of Ed 306.04 implementing specific statutes are listed below

Ed 306.04(a)(1), (c)

RSA 193:1, I

Ed 306.04(a)(2),(8),(9); (d), (e)

RSA 193-F:3

Ed 306.04(a)(4), (h)

RSA 189:27-b; 189:29-a

Ed 306.04(a)(6), (j)

RSA 186-C:9

Ed 306.04(a)(7)

RSA 631:7

Ed 306.04(a)(8)

RSA 193-F

Ed 306.04(a)(10)

RSA 169-C:29

Ed 306.04(a)(11-(14)

RSA 189:1-a; 189:25; 194:23

Ed 306.04(a)(13)

RSA 193:1(h)

Ed 306.04(a)(15), (l)

RSA 186:13, IV; 193-E:2, VI

Ed 306.04(a)(16), (f), (g)

RSA 193:13

Ed 306.04(a)(18)-(21)

7 CFR Chapter II A, 42 USC §1751

Ed 306.04(a)(22)

RSA 200:48

Ed 306.04(a)(23)-(24)

RSA 193-C:3, I(a)

Ed 306.04 (a)(25)

RSA 186:5

Ed 306.04(i)

RSA 186:13, I

Ed 306.05

RSA 186:5

Ed 306.06

RSA 186:5

Ed 306.07

RSA 155-A; 189:24

Specific provisions of Ed 306.07 implementing specific statutes are listed below

Ed 306.07 intro & (a)(4)

RSA 200:48

Ed 306.07(a)(1), (b)(3)

RSA 199:23-:24

Ed 306.07(b)

RSA 155-A; RSA 189:24; and RSA 153:14

Ed 306.08

RSA 189:24

Ed 306.09

RSA 189:24

Ed 306.10

RSA 189:27-b; 189:29-a

Ed 306.11

RSA 186:13; 189:11-a, I-II

Ed 306.12

RSA 189:24; RSA 200:26-41; 20 U.S.C. § 1232g;

29 U.S.C. § 794

Ed 306.14 (formerly Ed 306.141)

RSA 186:5; 189;1-a; 193-C:3, I(a)

Ed 306.15

RSA 186:5; 189:24

Specific provisions of Ed 306.15 implementing specific statutes are listed below

Ed 306.15(a)(2)

20 U.S.C. § 6623

Ed 306.15(a)(3)-(5)

RSA 193-C:3, I(a)

Ed 306.15(f)

RSA 21-N:6, IV

Ed 306.15(g)

RSA 186:5; 189:24

Ed 306.16

RSA 21-N:6, IV

Ed 306.17

RSA 186:5

Ed 306.18-306.19

RSA 189:1; 189:24

Ed 306.20

RSA 188-E:5

Ed 306.21

RSA 193-C:3, I(a)

Ed 306.22

RSA 21-N:9, I; RSA 186:8, I and II

Specific provisions of Ed 306.22 implementing specific statutes are listed below

Ed 306.22(d)(4)

RSA 193-C:3, I(a)

Specific provisions of Ed 306.23 implementing specific statutes are listed below

Ed 306.23(a)

RSA 193-E:3; 193-H:2

Ed 306.23(b)

RSA 189:28; 193-E:3, I

Ed 306.23(c)

RSA 193-H:4

Ed 306.23(d)

RSA 186:5 and or RSA 193-C:3

Ed 306.24

RSA 193-C:3

Ed 306.25

RSA 189:49, IV

Ed 306.26

RSA 189:1-a; RSA 189:25; RSA 193-E:3-a, II-a. through II-c.

Ed 306.26(h)

RSA 193-E:3-a, II-a. through II-c.

Specific provisions of Ed 306.27 implementing specific statutes are listed below

 

Ed 306.27

RSA 189:1-a; RSA 194:23

Ed 306.27(ai)

RSA 193-E:3-a, II-a. through II-c.

Ed 306.27(g)(6)-(9), (i), (m) & (o)

RSA 189:11; RSA 193-E:2

Ed 306.27(j) & (l)

RSA 193:1(f)

Ed 306.27(n)

RSA 186-C:9; RSA 189:1-a

Ed 306.28

RSA 21-N:6, V; 186:8, I; 194:23

Ed 306.28(e)

RSA 21-N:6, V; 186:8, I; 194:23

Ed 306.29

RSA 21-N:6, V; 194:24

Specific provisions of Ed 306.31 implementing specific statutes are listed below

Ed 306.31

RSA 186:5; 193-E:2-a

Ed 306.31(a) intro.

RSA 186:5; 193-E:2-a

Ed 306.31(c)

RSA 193-C:3

Ed 306.32

RSA 188-E:18, I

Ed 306.33

RSA 186:5

Ed 306.34

RSA 188-E:5

Ed 306.35

RSA 186:5

Ed 306.36 (Reserved)

 

Ed 306.37

RSA 186:5; 193-E:2-a

Ed 306.38

RSA 189:25; 194:23

Ed 306.39

RSA 186:5

Ed 306.40

RSA 186:5; 193-E:2-a

Ed 306.40 (a) intro.

RSA 186:5; 193-E:2-a

Ed 306.41

RSA 193-C:3, I(a)

Ed 306.41 (a) intro., (b) intro., (b)(1) & (2)

RSA 193-C:3, I(a)

Ed 306.42

RSA 186:5; 193-E:2-a

Ed 306.42(a) intro.

RSA 186:5; 193-E:2-a

Ed 306.43

RSA 186:5; 193-E:2-a; 186:8, VII

Ed 306.43(a) intro.

RSA 186:5; 193-E:2-a; 186:8, VII

Ed 306.44

RSA 186:5; 193-E:2-a

Ed 306.45

RSA 186:5; 193-E:2-a

Ed 306.45(a) intro.

RSA 186:5; 193-E:2-a

Ed 306.46

RSA 186:5; RSA 193-E:2-a

Ed 306.46(a) intro.

RSA 186:5; 193-E:2-a

Ed 306.47

RSA 186:5; 193-E:2-a

Ed 306.48

RSA 186:5; 193-E:2-a

Ed 306.49

RSA 186:5; RSA 193-E:3-a, II-a. through II-c.

Ed 307

RSA 193:3

Ed 310.01

RSA 189:11-a, V

Ed 310.02-Ed 310.04

RSA 189:11-a, VI

Ed 311.01

RSA 200:26 - 200:47

Ed 311.02

RSA 200:27

Ed 311.03

RSA 200:26 - 200:47

Ed 312

RSA 193-C:6

Ed 315.01

RSA 193:1, I(e)

Ed 315.02

RSA 193-A:1; RSA 193-A:3

Ed 315.03

RSA 193:1,I(b)

Ed 315.04

RSA 193-A:1, I; RSA 193-A:3; RSA 193-A:4, I

Ed 315.05

RSA 193-A:5

Ed 315.06

RSA 193-A:5

Ed 315.07

RSA 193-A:6

Ed 315.08

RSA 193-A:6

Ed 315.09-Ed 315.12

RSA 193-A:10

Ed 315.13-Ed 315.14

RSA 193-A:10, 11

Ed 315.15

RSA 193:1, I(f)(2)

Ed 317.01 - Ed 317.06

RSA 193-D; RSA 193:13

Ed 318.01

RSA 194-B:3

Ed 318.02

RSA 194-B

Ed 318.03

RSA 194-B:5

Ed 318.04

RSA 194-B:3

Ed 318.05

RSA 194-B

Ed 318.06

RSA 194-B:3

Ed 318.07

RSA 194-B:3

Ed 318.08

RSA 194-B:3

Ed 318.09

RSA 194-B:3-a

Ed 318.10

RSA 194-B:3 and RSA 194-B:3-a

Ed 318.11

RSA 194-B:3

Ed 318.12

RSA 194-B:3

Ed 318.13

RSA 194-B:3

Ed 318.14

RSA 194-B:3

Ed 318.15

RSA 194-B:16

Ed 318.16

RSA 194-B:11

Ed 318.17

RSA 194-B:3

Ed 318.18

RSA 194-B:3

Ed 318.19

RSA 194-B:3

Ed 318.20

RSA 194-B:15 and RSA 194-B:16,I

Ed 319.01

RSA 194-D:1 and RSA 194-D:2

Ed 319.02

RSA 194-D:1

Ed 319.03

RSA 194-D:2 and  RSA 194-D:4

Ed 319.04

RSA 194-D:4

Ed 320.01

RSA 186:6; RSA 189:24

Ed 320.02

RSA 21-N:9, I; RSA 189:24

Ed 320.03

RSA 21-N:9, I; RSA 189:24; RSA 200:11-a

Ed 321.01

RSA 21-N:9; RSA 198:15-a

Ed 321.02

RSA 21-N:9, II(c)

Ed 321.03

RSA 21-N:9, II(c)

Ed 321.04

RSA 198:15-b,VII(b)(2)

Ed 321.05

RSA 198:15-b

Ed 321.06

RSA 198:15-b,VII(b)(1)

Ed 321.07 - 321.12

RSA 21-N:9, II(c)

Ed 321.13

RSA 155-A

Ed 321.15 - 321.16

RSA 21-N:9, II(c)

Ed 321.17

RSA 155-A

Ed 321.18 - 321.19

RSA 155-A; RSA 155-D

Ed 321.20

RSA 155-D

Ed 321.21

RSA 198:15-a; RSA 198:15-b, IV; RSA 198:15-hh

Ed 321.23

RSA 198:15-b, IV(b)

Ed 321.24

RSA 21-N:9, II(c)

Ed 321.25

RSA 198:15-b, II(f)

Ed 321.26

RSA 21-N:9, II(c)

Ed 321.27

RSA 198:15-c

Ed 321.28

RSA 21-N:9, II(c)

Ed 321.29

RSA 198:15-c

Ed 321.30

RSA 21-N:9, II(c)

Ed 321.31

RSA 198:15-c

Ed 322

RSA 198:15-hh

Ed 323

RSA 198:15-hh

 


APPENDIX II

 

Rule

Title

Obtain at

Ed 306.08(a)(2)a.

Anglo-American Cataloguing Rules Second Edition (AACR2)2005 update

Go to www.alastore.ala.org/detail.aspx?ID=2264

Cost  $95.00

 

Ed 306. 25(b)

The National Association of School Psychologists (NASP) Model for Comprehensive and Integrated School Psychological Services, published by NASP in 2010.

Go to www.nasponline.org/standards

available online on right of page in pdf file.

National Association of School Psychologists, 4340 East West Highway, Suite 402, Bethesda, MD 20814

Phone: (301) 657-0270 | Toll Free: (866) 331-NASP

Ed 306.25(c)(10)

NASP Principles of Professional Ethics (2010)

Go to www.nasponline.org/standards/ethics

available online on bottom of page in pdf file.

National Association of School Psychologists, 4340 East West Highway, Suite 402, Bethesda, MD 20814

Phone: (301) 657-0270 | Toll Free: (866) 331-NASP

 

Ed 306.39(a)

The ASCA National Model: A Foundation for School Counseling Program  2012  published by the American School Counselor Association (ASCA)

http://schoolcounselor.org/  then select “Pubs, Periodicals & Podcasts”, then select “ASCA Bookstore”

ASCA, 1101 King Street, Suite 625, Alexandria VA 22314, Phone (703) 683-2722

Cost $44.95 to order item # 289325, ISBN 978-1-929289-32-5

 

Ed 316.05(b)

Specifications for and Posting of Signs

Go to www.mutcd.fhwa.dot.gov/kno_2009r1r2.htm

US Department of Transportation

Federal Highway on Administration

Manual on Uniform Traffic Control Devices (MUTCD)

Available online in pdf file only

 

Ed 320.02(b)(6)

American National Standards Institute Z-358.1 Eyewash standards 2014

Available in the ANSI webstore: https://webstore.ansi.org/standards/isea/ansiiseaz3582014

Cost: $65 per pdf download

Ed 321.19(i)

American National Standards Institute Z-358.1  Eyewash standards 2014

http://www.eyewashdirect.com/ANSI-Eyewash-Z358-Eyewash-Standard-Guide-s/31.htm  Pdf file. 

No cost.

Ed 321.20(c)

Illuminating Engineering Society of North America(IESNA) Lighting Handbook 10th edition - 2011

http://www.iesna.org/store/

Cost varies with Printed  or PDF version

Ed 321.20(d)(1)

BICSI Telecommunications Distribution Methods Manual 13th edition, 2014

Go to  www.bicsi.org. select “shop” then on that page select “publications”

Or write to:  BICSI, 8610 Hidden River Parkway, Tampa, Fl 33637

Or call: Toll free #800242-7405
Printed materials for members 235.00, nonmember $395.00, also available online.

 

Ed 321.20(d)(2)

The BICSI Outside Plant Design Reference manual 6th edition 2018

Go to www.bicsi.org. select “shop” then on that page select “publications” Or write to:  BICSI, 8610 Hidden River Parkway, Tampa, Fl 33637

Or call: Toll free #800242-7405
Printed materials for members $159.00, nonmember $249.00, also available online.

 

Ed 321.20(d)(3)

ANSI/BICSI 001-2017, Information and Communication Technology Systems Design and Implementation Best Practices for Educational Institutions and Facilities

Go to  www.bicsi.org. select “shop” then on that page select “publications”

Or write to:  BICSI, 8610 Hidden River Parkway, Tampa, Fl 33637

Or call: Toll free #800242-7405
Printed materials for members 75.00, nonmember $95.00, also available online.

 

Ed 321.20(d)(4)

ANSI/NECA/BICSI N1-2019, Installation Practices for Telecommunications and ICT Cabling and Related Cabling Infrastructure, June 2019 edition

Go to www.bicsi.org. select “shop” then on that page select “publications”

Or write to:  BICSI, 8610 Hidden River Parkway, Tampa, Fl 33637

Or call: Toll free #800242-7405

Printed material for members $25.00, nonmember $35.00, also available online.

 

Ed 321.20(d)(5)

BICSI Information Technology Systems Installation Methods Manual, 7th Edition - 2017

Go to www.bicsi.org. select “shop” then on that page select “publications”

Or write to:  BICSI, 8610 Hidden River Parkway, Tampa, Fl 33637

Or call: Toll free #800242-7405

Printed material for members $159.00, nonmember $169.00, also available online.

 

Ed 321.20(d)(6)

NECA/BICSI 607-2011, Standard for Telecommunication Bonding and Grounding Planning and Installation Methods for Commercial Buildings

Go to  www.bicsi.org. select “shop” then on that page select “publications”

Or write to:  BICSI, 8610 Hidden River Parkway, Tampa, Fl 33637

Or call: Toll free #800242-7405

Printed material for members $25.00, nonmember $35.00, also available

 

Ed 321.21

NSI S12.60 American National Standard Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools- Part 1, 2019 edition and Part 2, 2009 edition

Standards Secretariat, Acoustical Society of America

35 Pinelawn Road,

Suite 114E, Melville, NY 11747-3177

Available on-line at no cost.

http://www.caslpa.ca/PDF/noise%20in%20classroom/ASA%20Acoustic%20requirements%20for%20schools.pdf