TITLE XV
EDUCATION

Chapter 193-E
ADEQUATE PUBLIC EDUCATION

Section 193-E:1

    193-E:1 Policy and Purpose. –
I. It is the policy of the state of New Hampshire that public elementary and secondary education shall provide all students with the opportunity to acquire the knowledge and skills necessary to prepare them for successful participation in the social, economic, scientific, technological, and political systems of a free government, now and in the years to come; an education that is consistent with the minimum standards for public school approval, the state-established academic standards, and school district or school curriculum.
II. Respecting New Hampshire's long tradition of community involvement, it is the purpose of this chapter to ensure that appropriate means are established to provide an adequate education through an integrated system of shared responsibility between state and local government. In this system, the state establishes minimum standards for public school approval and academic standards for inclusion and delivery of educational services at the local level. School districts then have responsibility and flexibility in implementing diverse educational approaches to instruction and curriculum tailored to meet student needs.

Source. 1998, 389:1. 2005, 257:15. 2007, 270:3. 2016, 84:6, eff. July 18, 2016.

Section 193-E:2

    193-E:2 Criteria for an Adequate Education. –
An adequate education shall provide all students with the opportunity to acquire:
I. Skill in reading, writing, and speaking English to enable them to communicate effectively and think creatively and critically.
II. Skill in mathematics and familiarity with methods of science to enable them to analyze information, solve problems, and make rational decisions.
III. Knowledge of the biological, physical, and earth sciences, including environmental sciences that investigate the complex interaction of physical, chemical, and biological processes that take place on the earth, to enable them to understand and appreciate the world and the engineering, socio-economic, and geopolitical challenges around them.
IV. Knowledge of civics and government, economics, geography, history, and Holocaust and genocide education to enable them to participate in the democratic process and to make informed choices as responsible citizens.
V. Grounding in the arts, languages, and literature to enable them to appreciate our cultural heritage and develop lifelong interests and involvement in these areas.
VI. Sound wellness and environmental practices, including outdoor recreation, to enable them to enhance their own well-being, as well as that of others.
VII. Skills for lifelong learning, including interpersonal, environmental education, and technological skills, to enable them to learn, work, communicate, and participate effectively in a changing society and environment.

Source. 1998, 389:1. 2005, 257:15. 2007, 270:3, eff. June 29, 2007. 2020, 29:12, eff. Sept. 21, 2020. 2021, 210:2, Pt. V, Secs. 1 and 2, eff. Oct. 9, 2021.

Section 193-E:2-a

    193-E:2-a Substantive Educational Content of an Adequate Education. –
I. (a) Beginning in the school year 2008-2009, and for each year thereafter, the specific criteria and substantive educational program that deliver the opportunity for an adequate education shall be defined and identified as the school approval standards in the following learning areas:
(1) English/language arts and reading.
(2) Mathematics.
(3) Science.
(4) Social studies, including civics, government, economics, geography, history, and Holocaust and genocide education.
(5) Arts education, including music and visual arts.
(6) World languages.
(7) Health and wellness education, including a policy for violations of RSA 126-K:8, I(a).
(8) Physical education.
(9) Engineering and technologies including technology applications.
(10) Personal finance literacy.
(11) Computer science.
(b) Teachers shall use academic and applied instruction to teach the learning areas under subparagraph (a). The following skills shall be integrated into the learning areas:
(1) Computer use and digital literacy.
(2) Logic and rhetoric.
II. The standards shall cover kindergarten through twelfth grade and shall clearly set forth the opportunities to acquire the communication, analytical and research skills and competencies, as well as the substantive knowledge expected to be possessed by students at the various grade levels, including the credit requirement necessary to earn a high school diploma.
II-a. Instruction in support of kindergarten standards shall be engaging and shall foster children's development and learning in all domains including physical, social, cognitive, and language. Educators shall create a learning environment that facilitates high quality, child-directed experiences based upon early childhood best teaching practices and play-based learning that comprise movement, creative expression, exploration, socialization, and music. Educators shall develop literacy through guided reading and shall provide unstructured time for the discovery of each child's individual talents, abilities, and needs.
III. Public schools and public academies shall adhere to the standards identified in paragraph I.
IV. (a) The minimum standards for public school approval for the areas identified in paragraph I shall constitute the opportunity for the delivery of an adequate education. The general court shall periodically, but not less frequently than every 10 years, review, revise, and update, as necessary, the minimum standards identified in paragraph I and shall ensure that the high quality of the minimum standards for public school approval in each area of education identified in paragraph I is maintained. Changes made by the board of education to the school approval standards through rulemaking after the effective date of this section shall not be included within the standards that constitute the opportunity for the delivery of an adequate education without prior adoption by the general court. The board of education shall provide written notice to the speaker of the house of representatives, the president of the senate, and the chairs of the house and senate education committees of any changes to the school approval standards adopted pursuant to RSA 541-A.
(b) Neither the department of education nor the state board of education shall by statute or rule require that the common core standards developed jointly by the National Governors Association and the Council of Chief State School Officers be implemented in any school or school district in this state. If the local school board elects not to implement the common core standards or the common core state standards adopted by the state board pursuant to RSA 541-A, the local school board shall determine, approve, and implement alternative academic standards.
(c) The state board shall not amend any existing academic standards and shall not approve any new academic standards without the prior review and recommendation of the legislative oversight committee established in RSA 193-C:8-a.
(d) In this paragraph, "academic standards" shall have the same meaning as in RSA 193-E:2-a, VI(b).
V. (a) The general court requires the state board of education and the department of education to institute procedures for maintaining, updating, improving, and refining the minimum standards for public school approval for each area of education identified in paragraph I. Each school district shall be responsible for maintaining, updating, improving, and refining curriculum. The curriculum shall present educational goals, broad pedagogical approaches and strategies for assisting students in the development of the skills, competencies, and knowledge called for by the minimum standards for public school approval for each area of education identified in paragraph I. It is the responsibility of local teachers, administrators, and school boards to identify and implement approaches best suited for the students in their communities to acquire the skills and knowledge included in the curriculum, to determine the scope, organization, and sequence of course offerings, and to choose the methods of instruction, the activities, and the materials to be used.
(b) The state board of education shall adopt rules, pursuant to RSA 541-A, relative to the approval of alternative programs for granting credit leading to graduation.
VI. In this section:
(a) " Minimum standards for public school approval " mean the applicable criteria that public schools and public academies shall meet in order to be an approved school, as adopted by the state board of education through administrative rules.
(b) " Academic standards " means what a student should know and be able to do in a course or at each grade level.
(c) " Curriculum " means the lessons and academic content taught in school or in a specific course or program.
(d) " Applied learning " means an educational approach whereby students have the opportunity to directly engage in learning activities using knowledge and skills.
(e) " Logic " means a reasoning skill that better enables a student to analyze problems in learning areas such as mathematics and to develop problem solutions; to better understand the principle of cause and effect; and to develop critical thinking skills to better identify fact from unverified information or data.
(f) " Rhetoric " means the skill of speaking and writing as a means of communication or persuasion.

Source. 2007, 270:2. 2016, 84:7. 2017, 252:1, eff. Sept. 16, 2017. 2018, 224:1, eff. Aug. 7, 2018; 269:2, eff. Aug. 17, 2018; 274:1, eff. Aug. 17, 2018; 280:1, eff. Aug. 20, 2018. 2019, 346:109, eff. Jan. 1, 2020. 2020, 37:4, XVI, eff. July 29, 2020. 2022, 109:3, eff. July 26, 2022; 273:1, 2, eff. Aug. 23, 2022.

Section 193-E:2-b

    193-E:2-b Cost of an Adequate Education. –
I. The general court shall use the definition of the opportunity for an adequate education in RSA 193-E:2-a to determine the resources necessary to provide essential programs, considering educational needs. The general court shall make an initial determination of the necessary specific resource elements to be included in the opportunity for an adequate education.
II. The general court shall create a process for the periodic determination of the specific resource elements essential to providing the substantive educational content of an adequate education. This review should occur no less frequently than every 10 years.
III. [Repealed.]

Source. 2007, 270:2. 2012, 264:1, VII, eff. Aug. 17, 2012.

Section 193-E:2-c

    193-E:2-c Resource Elements. – The general court recognizes that schools with greater educational challenges will benefit from varying resources. Schools with varying educational challenges often exist within a single school district. The general court is committed to addressing the varying educational challenges that exist among the schools of the state.

Source. 2007, 270:2, eff. June 29, 2007.

Section 193-E:2-d

    193-E:2-d Repealed by 2009, 198:4, eff. July 14, 2009. –

Section 193-E:2-e

    193-E:2-e Repealed by 2021, 64:1, eff. June 4, 2021. –

Section 193-E:2-f


[RSA 193-E:2-f repealed by 2020, 29:18 effective November 1, 2024.]
    193-E:2-f Commission on Holocaust and Genocide Education. –
I. There is established a commission to study best practices for teaching students how intolerance, bigotry, antisemitism, and national, ethnic, racial, or religious hatred and discrimination have evolved in the past, and can evolve into mass violence and genocide, such as the Holocaust.
II. The members of the commission shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The commissioner of education, or designee.
(d) One high school teacher, appointed by the governor.
(e) One middle school teacher, appointed by the governor.
(f) One school administrator, appointed by the New Hampshire School Administrators Association.
(g) One school curriculum coordinator, appointed by NEA-NH.
(h) The Roman Catholic bishop of Manchester, or designee.
(i) A representative of the New Hampshire Council of Churches, appointed by the council.
(j) A representative of the Keene state college Cohen Center for Holocaust and Genocide Studies, appointed by the college president.
(k) Two members appointed by the Jewish Federation of New Hampshire, one of whom shall be a religious leader.
(l) Two survivors or direct descendants of a survivor of either the Holocaust or another genocide, one appointed by the president of the senate and one appointed by the speaker of the house of representatives.
(m) A representative appointed by the Anti-Defamation League, New England region.
III. The commission shall:
(a) Recommend model school district policies for Holocaust and genocide education.
(b) Recommend to the state board of education rules for fulfilling the Holocaust and genocide education requirement.
(c) Identify best practices for teaching Holocaust and genocide education and the appropriate number of hours of instruction at multiple grade levels.
(d) Identify existing teaching materials and curriculum as well as strategies and content for providing and enhancing genocide education to students.
(e) Identify in-service education opportunities for educators.
(f) Promote, within the schools and the general population of the state, implementation of Holocaust and genocide education.
IV. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum.
VI. Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house committees with jurisdiction over education, the senate clerk, the house clerk, the state board of education, the governor, and the state library. A preliminary report shall be submitted on or before January 1, 2021. An annual report shall be submitted on or before November 1, 2021 and each year thereafter. The commission shall monitor the implementation by grade, curriculum, and hours of instruction. A final report shall be submitted on or before November 1, 2024.

Source. 2020, 29:17, eff. July 23, 2020.

Section 193-E:3

    193-E:3 Delivery of an Adequate Education. –
I. Annually, each school district shall report data to the department of education at the school and district levels on the indicators set forth in this paragraph. The report shall not contain personally identifiable information including but not limited to name, gender, or social security number. The department of education shall develop a reasonable schedule to collect the reporting of data required by state and federal law. The requirements for data keeping and the form of the report shall be established in accordance with rules adopted by the state board of education. Indicators shall include the following areas:
(a) Attendance rates.
(b) Annual and cumulative drop-out rates of high school students and annual drop-out rates for students in grades 7 and 8.
(c) School environment indicators, such as safe-schools data.
(d) Number and percentage of graduating high school students.
(e) Number and percentage of graduating high school students going on to postsecondary education, military service, and an advanced learning program leading to a value added skill or career certification.
(f) Number and percentage of students earning a career and technical education industry recognized credential.
(g) Number and percentage of students completing a career pathway program of study.
(h) Number and percentage of high school students who earned postsecondary credit of C or better for one or more concurrent or dual enrollment courses from a New Hampshire postsecondary college or university.
(i) Number of students that completed a New Hampshire scholars program of study.
(j) Number and percentage of students that completed and passed an advanced placement exam with a score of 3, 4 or 5; or International Baccalaureate exam with a score of 4, 5, 6, or 7.
(k) Number of students that scored at least a level III on components of the ASVAB, as defined in RSA 186:68, I, that comprise the Armed Forces Qualification Test (AFQT).
(l) The number and percentage of high school students that either met or exceeded the college and career ready benchmark established by the department for either the SAT or ACT.
(m) Expulsion and suspension rates, including in-school and out-of-school suspensions including data identifying the percentage of out-of-school suspensions of more than 10 days for each school year. This indicator shall be categorized by district, school, and grade level with each category disaggregated and broken down by gender, race, IEP, and eligibility for free and reduced-price meal programs.
(n) Teacher and administrative turnover rates at the school and district levels.
(o) The number and percentage of graduating high school students provided in-person school assistance in completing a free application for federal student aid (FAFSA) form.
II. (a) The department of education may implement and report data on any additional indicators deemed relevant to the purposes of this section.
(b) The department of education shall enter into an agreement with the board of trustees of the university system of New Hampshire or the community college system of New Hampshire, or both, if necessary, to determine additional indicators applicable to postsecondary institutions within their respective jurisdictions which are not required under paragraph VI.
III. (a) Annually, the department of education shall issue a public report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall be entitled "New Hampshire School District Profiles" and shall be made available on the department's website and online at every school administrative unit for public review. It shall include:
(1) School district and school demographic and pupil performance data reported in paragraph I and other relevant statistics as determined by the department of education.
(2) Comparisons with state averages for all data reported.
(3) Comparisons of each district and school to itself based on its own statewide improvement and assessment performance for the prior school year and its most recent 3-year averages.
(4) Statewide rankings of each district and school using an index system to communicate achievement and growth results on a 1-4 performance scale, including a statewide ranking of each school and school district based on the percentage increase of improvement as compared with the same school and school district's performance in the previous year.
(b) The report shall be organized and presented in a manner that is easily understood by the public and that assists each school district personnel, parents, and the community with the information to identify trends, strengths, and weaknesses. Each school's academic achievement and growth level score shall be visibly posted on the school, school district, and state websites. The academic achievement and growth level score shall describe how well specific school districts and schools have mastered the standards and the extent to which the district or school is preparing students to meet performance standards and be prepared for college and career. The rating scale shall include 4 reporting levels: level 4 means exceeds grade-level performance standards and advanced progress toward college and career readiness; level 3 means meets grade-level performance standards and progress toward college and career readiness; level 2 means nearly meets grade-level performance standards and may require further development to meet college and career readiness; and level 1 means does not meet grade-level performance standards and needs substantial improvement to meet college and career readiness.
(c) The department of education shall include data provided by early childhood programs, school districts, and postsecondary institutions.
IV. Data reported in paragraph I shall be disaggregated as required by federal law and shall include numbers and percentages of pupils with disabilities, limited English proficient pupils, pupils in advanced placement programs, economically disadvantaged pupils, and pupils of major ethnic, racial, and multi-racial groups.
V. In order to reduce school districts' administrative time and costs, the department of education shall develop and utilize user-friendly, computer forms and programs to collect the data set forth in paragraphs I, VI, and VII.
VI. (a) Annually, each postsecondary institution as defined in RSA 193-E:4 shall submit a report, which shall not include any personally identifiable information such as, but not limited to, name, gender, or social security number, to the department of education containing information on indicators in the following areas:
(1) Remedial education courses and the number and percentage of students requiring remedial education in English/language arts, reading, and mathematics.
(2) Entry, withdrawal, and transfers.
(3) Degrees and certificates granted.
(4) Number of high school students who received dual enrollment course credit.
(b) The department of education shall integrate all data collected into the data warehouse. The department of education shall have access to data solely to conduct studies, track and report annual and longitudinal pupil outcomes, and improve postsecondary readiness, retention, and articulation between educational institutions.
(c) The state board of education, in consultation with the university system of New Hampshire board of trustees and the community college system of New Hampshire board of trustees shall adopt rules, pursuant to RSA 541-A, for developing a form to be used for the report and to establish requirements for data maintenance.
VII. (a) Annually, beginning with the 2011-2012 school year, each early childhood program as defined in RSA 193-E:4 shall submit a report, which shall not include any personally identifiable information such as, but not limited to, name, gender, or social security number, to the department of education containing information on indicators in the following areas:
(1) Program participation.
(2) Entry, exit, and type of program.
(3) Participant demographics as identified in RSA 193-E:3, IV.
(b) The department of education shall integrate all data collected into the data warehouse. The department of education shall have access to data solely to conduct studies, track and report annual and longitudinal pupil outcomes, and improve education programs.
(c) The state board of education, in consultation with the department of health and human services, shall adopt rules, pursuant to RSA 541-A, for developing a form to be used for the report and to establish requirements for data maintenance.
VIII. Beginning in September 2021, and each year thereafter, school districts shall, for entering high school freshman: assess student career interests; document school pathways to career readiness credentials; advise all entering high school students how to achieve a career ready credential upon graduation; and record on a student's transcript progress towards the credential. School districts shall report the following annually: the number of students who complete CTE; the number of dual enrollments, concurrent enrollments, extended learning opportunities, and work based learning enrollments; and the number of career ready credentials awarded.

Source. 1998, 389:1. 2003, 314:1. 2004, 147:2. 2005, 257:15. 2007, 270:3. 2010, 356:1, eff. Sept. 18, 2010. 2018, 299:1-3, eff. Aug. 24, 2018. 2020, 37:17, eff. July 29, 2020. 2021, 209:2, Pt. I, Sec. 3, eff. Aug. 10, 2021; 210:2, Pt. II, Sec. 14, eff. Oct. 9, 2021.

Section 193-E:3-a

    193-E:3-a Definitions. –
In this section:
I. " Commissioner " means the commissioner of the department of education.
II. " Department " means the department of education.
II-a. " Genocide " means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.
II-b. " Holocaust " means the systematic, bureaucratic, state-sponsored persecution and murder of approximately 6,000,000 Jews by the Nazi regime and its collaborators.
II-c. " Holocaust and genocide education " means studies on the Holocaust, genocide, and other acts of mass violence.
III. " Input-based school accountability system " means the certified narrative explanation describing how a school has demonstrated compliance with the school approval standards included in the opportunity for an adequate education required under RSA 193-E:3-b.
IV. " Performance-based school accountability system " means the scoring system required under RSA 193-E:3-b and implemented by the department in rules adopted pursuant to RSA 541-A.
V. " State board " means the state board of education.

Source. 2009, 198:1, eff. July 14, 2009. 2020, 29:13, eff. Sept. 21, 2020.

Section 193-E:3-b

    193-E:3-b Accountability for the Opportunity for an Adequate Education. –
Using the input-based accountability system, a school shall demonstrate that it provides the opportunity for an adequate education under RSA 193-E:2-a by meeting the requirements of paragraphs I and II of this section.
I. (a) A school shall demonstrate that it provides the opportunity for an adequate education for the school approval standards set forth in rules adopted by the department of education in the following areas:
(1) English/language arts and reading.
(2) Mathematics.
(3) Science.
(4) Social studies, to include including civics, government, economics, geography, history, and Holocaust and genocide education.
(5) Arts education, to include music and visual arts.
(6) World languages.
(7) Health and wellness education.
(8) Physical education.
(9) Engineering and technologies including technology applications.
(10) Computer science and digital literacy.
(11) Personal finance literacy.
(12) School year requirements.
(13) Minimum credits required for a high school diploma.
(b) A school shall submit a narrative explanation detailing how the school has complied with each of the standards in subparagraph (a).
(c) A school that has received full accreditation from the New England Association of Schools and Colleges (NEASC) shall be deemed to be in compliance with the provisions of subparagraphs (a) and (b). Using the input-based accountability system, NEASC accredited schools shall certify that they have on file copies of documentation necessary during the school's accreditation process including, but not limited to, the accreditation self-study report, peer review reports, reports of any follow-up activities taken by the school in response to NEASC's recommendations for accreditation, and the annual school update report as required by NEASC each fall. A school accredited by NEASC shall meet or exceed NEASC's standards and shall use those standards to measure improvement.
(d) The input-based school accountability system shall be completed by January 15 of every even numbered year. The school principal and school district superintendent shall certify in writing that the responses submitted are accurate. The commissioner, or designee, shall review the input-based school accountability system responses to each school's self-assessment required under this section and shall verify that the responses comply with the standards under subparagraph (a).
(e) The commissioner of the department of education shall require any school that is unable to demonstrate that it provides the opportunity for an adequate education through the input-based school accountability system to resubmit the narrative explanations annually until such demonstration has been made.
(f) The commissioner shall integrate the input-based school accountability system with the school approval process pursuant to RSA 21-N:6, V.
(g) The department shall conduct site visits at all schools at least once every 5 years to assess the validity of the responses in the input-based school accountability system. The commissioner may require more frequent site visits at schools which have been unable to demonstrate that they provide the opportunity for an adequate education.
II. A school shall annually demonstrate that it provides the opportunity for an adequate education through the performance-based school accountability system pursuant to RSA 193-E:3-c and RSA 193-E:3-d designed to measure educational outcomes.

Source. 2009, 198:1. 2011, 255:1, eff. Sept. 11, 2011. 2018, 274:2, eff. Aug. 17, 2018; 352:1, eff. Aug. 17, 2018 at 12:01 a.m. 2022, 273:3, eff. Aug. 23, 2022.

Section 193-E:3-c

    193-E:3-c Performance-Based Accountability System. –
I. At least every 4 years the commissioner shall review the performance-based accountability system and make recommendations for future legislation to the legislative oversight committee established in RSA 193-C:8-a.
II. The department shall have the following duties:
(a) Implement the performance-based accountability system to be used by schools that will ensure that the opportunity for an adequate education is maintained.
(b) Identify performance criteria and measurements.
(c) Establish performance goals and the relative weights assigned to those goals.
(d) Establish the basis, taking into account the totality of the performance measurements, for determining whether the opportunity for an adequate education exists, which may include the assignment of a value for performance on each measurement.
(e) Ensure the integrity, accuracy, and validity of the performance methodology as a means of establishing that a school provided the opportunity for an adequate education as defined in RSA 193-E:2-a.
III. The performance-based accountability system shall be based on data and indicators aligned to the New Hampshire consolidated state plan, as required by the Elementary and Secondary Education Act, 20 U.S.C. section 6301 et seq. as amended by the Every Student Succeeds Act.
IV. The commissioner shall submit a report of its findings with recommendations for future legislation for the performance-based accountability system to the legislative oversight committee established in RSA 193-C:8-a. After the report is approved by the legislative oversight committee, the commissioner shall submit the report to the chairpersons of the house and senate education committees, the speaker of the house of representatives, the senate president, the governor, the house clerk, and the senate clerk.
V. The department shall annually prepare a detailed report documenting the results of each school on the performance-based school accountability system to be developed pursuant to this section, and identifying all schools that can demonstrate the opportunity for an adequate education through the performance-based methodology. The report shall be submitted no later than January 15 annually to the same individuals receiving the final report under paragraph IV.

Source. 2009, 198:1. 2016, 84:8, 9, eff. July 18, 2016. 2018, 352:2, eff. Aug. 31, 2018. 2020, 37:18, eff. July 29, 2020. 2022, 109:2, eff. July 26, 2022.

Section 193-E:3-d

    193-E:3-d Performance-Based School Accountability System; Verification Process. – Prior to the submission of the final report pursuant to RSA 193-E:3-c, IV, the department shall undertake a process to verify and test the integrity, accuracy, and validity of the performance-based accountability system utilizing the best available data from one school from each of the counties in the state. The commissioner shall ensure, to the greatest extent possible, that the verification process utilizes the best available data from a balance of elementary and secondary schools representing diverse socioeconomic conditions throughout the state. The commissioner shall work with school officials and faculty from the selected schools to implement the performance-based school accountability program and to develop a data collection system which will allow schools to easily report results to the department for analysis and reporting. The commissioner shall review and make recommendations regarding the performance-based accountability system to ensure that the system adequately measures the goals and indicators associated with student academic achievement and growth.

Source. 2009, 198:1, eff. July 14, 2009. 2018, 352:3, eff. Aug. 31, 2018.

Section 193-E:3-e

    193-E:3-e Corrective and Technical Assistance. –
The department shall implement corrective and technical assistance to schools that do not demonstrate that they provide the opportunity for an adequate education under RSA 193-E:3-b, I or II as follows:
I. In the first year of a school being unable to demonstrate that it provides the opportunity for an adequate education under either RSA 193-E:3-b, I or II, school officials shall submit an action plan to the commissioner. The plan shall detail the specific actions the school will take and the timeline to be followed to demonstrate that the school provides the opportunity for an adequate education. The plan shall:
(a) Identify areas where the school failed to meet the requirements under paragraph RSA 193-E:3-b, I or II.
(b) Identify and explain the strategy the school intends to implement to achieve compliance and improve performance.
(c) Detail how the school budget reflects the goals of the action plan.
II. After the second consecutive year of a school being unable to demonstrate that it provides the opportunity for an adequate education under either RSA 193-E:3-b, I or II, school officials shall submit an action plan to the commissioner. The plan shall:
(a) Describe procedures for providing mentoring or coaching to school personnel.
(b) Include ongoing technical assistance and a liaison from the department.
(c) Provide an accounting of how education funds are being expended to provide opportunities for an adequate education as defined in RSA 193-E:2-a.
(d) Establish and explain a strategy designed to promote family and community involvement.
III. After the third consecutive year of a school being unable to demonstrate that it provides the opportunity for an adequate education under either RSA 193-E:3-b, I or II, the commissioner shall:
(a) Assess how the school is expending its education funds and may order that adequacy funds be redirected to address those areas that are contributing to the failure of the school to provide the opportunity for an adequate education.
(b) Assign a coach or mentor to the school until the school demonstrates sufficient progress toward providing the opportunity for an adequate education.
(c) Require the school to provide an accounting of how education funds are being used to provide the opportunity for an adequate education under RSA 193-E:2-a.
(d) Require or provide, to the extent necessary, one or more of the following:
(1) Professional development that is aligned with school improvement goals.
(2) External support and resources based on their effectiveness and alignment with school improvement goals.
(3) Instructional models that incorporate research-based practices that have been proven to be effective in improving pupil achievement.
(4) Formal and informal opportunities to assess and monitor each pupil's progress.
(5) Evidence of decisions supported by data.
(6) Improvements to the school's curriculum, including curricular priorities and instructional materials.
(7) External support and resources based on their effectiveness and alignment with the school improvement plan.
(8) Extended learning opportunities for pupils.
(9) Structural reform strategies that may include changes in scheduling, organization, support mechanisms, and resources.
(10) Structural changes to school leadership to support school improvement.
(e) Meet quarterly with school officials in the affected school to assess the school's progress.
IV. The commissioner shall provide progress reports annually to the state board on the status and effectiveness of the corrective and technical assistance provided by the department in achieving the demonstration of adequacy by all schools.

Source. 2009, 198:1, eff. July 14, 2009. 2020, 37:19, eff. July 29, 2020.

Section 193-E:3-f

    193-E:3-f Approval of Courses and Programs. – The principal or other administrator of a high school shall grant credit toward high school graduation for similar courses and programs that have been satisfactorily completed at other approved schools or shall provide reasonable justification for denial. For purposes of this section, approved schools include all New Hampshire public schools, including chartered public schools, public academies, approved public or private tuition program schools, and all schools in Vermont and Maine that are members of an interstate school district with schools in New Hampshire.

Source. 2021, 82:1, eff. Aug. 17, 2021.

Unique Pupil Identification

Section 193-E:4

    193-E:4 Definitions. –
In this subdivision:
I. " Commissioner " means the commissioner of the department of education.
II. " Data warehouse " means the electronic system operated by the department of education that maintains the information about pupils as set forth in RSA 193-E:3, I, VI, and VII. The data warehouse shall not contain the name, address, telephone number, e-mail address, social security number, or any other personally identifiable information about any pupil.
III. " District " means a New Hampshire public school district or a district outside of New Hampshire educating publicly funded New Hampshire pupils.
IV. " District of origin " means the district in which the pupil resides at the point at which the pupil first enters the New Hampshire educational system, whether in an early childhood program, district, or postsecondary education level.
V. " Early childhood program " means a preschool or childcare program receiving Head Start or child care scholarship funds, whether licensed or exempt from licensing, or a preschool program operated by a district. Early childhood programs not operated by a district shall report data only for pupils for which Head Start or child care scholarship funds are received.
VI. " Postsecondary institution " means the university system of New Hampshire or the community college system of New Hampshire.
VII. " Random number generator " means the electronic system that creates unique pupil identification numbers and assigns a unique pupil identification number to a pupil when an early childhood program, a district, or a postsecondary institution enters a pupil's name, date of birth, town of birth, and gender. The system shall maintain that information and the name of the district of origin, and no other information. This system shall not retain the unique pupil identification number.
VIII. " Unique pupil identifier " means a randomly generated number assigned to an early childhood program pupil, a district pupil, or postsecondary institution pupil in order to gather pupil level data.
IX. " Unique pupil identification system " means an electronic system comprised of the data warehouse and the random number generator.

Source. 2004, 147:3. 2010, 356:2, eff. Sept. 18, 2010.

Section 193-E:5

    193-E:5 Unique Pupil Identification. –
I. The department of education shall, implement and maintain a unique pupil identification system on a statewide basis that complies with the following requirements:
(a) Except as provided in RSA 193-C:12, no personally identifiable information about a pupil including name and social security number, shall be collected or maintained by the state in such a manner as to allow such information to be connected with the unique pupil identifier. Under no circumstances shall the department of education obtain or use a social security number as an identifier for any pupil. The department shall not use unique pupil identifiers except in connection with the data warehouse and such use shall not be accessible to the public.
(b) The random number generator shall make available to each early childhood program, district, chartered public school, scholarship organization, adult education program, or postsecondary institution a unique pupil identifier for each pupil pursuing an education in a New Hampshire early childhood program, district, chartered public school, scholarship organization, adult education program, or postsecondary institution. The unique pupil identifier itself shall not permit pupil identification within a subcategory including, but not limited to, early childhood program, district, chartered public school, scholarship organization, adult education program, postsecondary institution, sex, age, grade, or county of residence.
(c) The unique pupil identifier shall be requested and maintained by the early childhood program, district, chartered public school, scholarship organization, adult education program, or postsecondary institution. The unique pupil identifier shall remain in the pupil's file throughout his or her academic career in New Hampshire.
(d)(1) Access to the random number generator shall be limited to an early childhood program director or designee, a district superintendent or designee, chartered public school director or designee, scholarship organization director or designee, adult education program director or designee, or a postsecondary institution registrar or designee, and only for pupils pursuing an education in that early childhood program, district, chartered public school, scholarship program, adult education program, or postsecondary institution.
(2) A parent or legal guardian shall, upon request made in person to the early child program director, school district superintendent for the district which the child last attended, chartered public school director, scholarship organization director, an adult education program director, or postsecondary institution registrar, have access to their child's unique pupil identifier and their child's data maintained in the data warehouse. A person who is 18 years of age or older shall, upon request made in person to the early child program director, school district superintendent for the district which the person last attended, chartered public school director, scholarship organization director, adult education program director, or postsecondary institution registrar, have access to their unique pupil identifier and their data maintained in the data warehouse.
(3) Any person who knowingly violates the provisions of this subparagraph is guilty of a class B felony and may be subject to involuntary termination of employment.
(e) The random number generator shall create and maintain a comprehensive audit trail for all users accessing the random number generator.
(f) The data warehouse shall create and maintain an audit trail for all users accessing secure information.
(g) No person, including an individual, business, government, or governmental entity, shall require an individual to provide a unique pupil identifier as a condition of doing business, providing a service, or receiving a benefit of any kind, except as provided in RSA 193-E:5, I(c). Any person or entity who knowingly violates the provisions of this subparagraph shall be liable for actual damages or $25,000, whichever is greater, for each violation. Each denial of services or benefits shall constitute a separate offense under this subparagraph.
(h) If a pupil's records become part of an administrative action outside of the pupil's early childhood program, district, chartered public school, scholarship program, adult education program, or postsecondary institution, or a part of any judicial or quasi-judicial proceeding, the part of the record containing the pupil's unique pupil identifier shall be redacted by the early childhood program, district, chartered public school, scholarship organization, adult education program, or postsecondary institution prior to release.
(i) The information maintained in the data warehouse shall be available to the department of education and to the public using the data maintained by the department of education. No personally identifiable information shall be required as a condition of access or usage under this subparagraph, nor shall such access or usage be tracked. Under no circumstances shall the unique pupil identifier be made available to the public.
(j) Information maintained in the random number generator shall be exempt from the provisions of RSA 91-A.
(k) Authorized personnel at the department of education shall administer and maintain the unique pupil identification system.
(l) Except as provided in RSA 193-C:12, the department of education shall provide no personally identifiable information collected pursuant to this chapter, including but not limited to name, date of birth, or social security number to any person or entity, other than an early childhood program, district, chartered public school, scholarship organization, adult education program, or postsecondary institution authorized to access this data, absent a court order. Under no circumstances shall personally identifiable information or the unique pupil identifier be provided to any person or entity outside of New Hampshire. Any person who knowingly violates this provision is guilty of a class B felony and may be subject to involuntary termination of employment.
(m) Early childhood programs not receiving Head Start or child care scholarship funds, private schools comprised of kindergarten through grade 12, and all private postsecondary institutions may participate in the data warehouse and random number generator. Participating early childhood programs may volunteer to include data for pupils for which Head Start or child care scholarship funds are not received. Permission of a parent or legal guardian of a pupil enrolled in an early childhood program shall be obtained before a pupil may participate in the data warehouse and random number generator. For the purposes of this section, such voluntary participating early childhood programs shall be included in the definition set forth in RSA 193-E:4.
(n) Notwithstanding subparagraphs (a)-(m), to enable the department of education to ensure the accuracy of the data, the commissioner of the department of education may, in writing, grant individuals access to the data warehouse, including but not limited to, access to the unique pupil identifier for the purpose of connecting information in the warehouse with the random number generator.
(o) At the request of an early childhood program, school district, chartered public school, scholarship organization, adult education program, or postsecondary institution, the department of education shall provide pupil-level data from the unique pupil identification system to an early childhood program, school district, chartered public school, scholarship organization, adult education program, or postsecondary institution for pupils pursing an education in that entity. Except as otherwise specifically provided in statute, the department shall not provide for any purpose any student personally-identifiable data to any public or private individual or entity, including the local, state, or federal government, or department or agency thereof, regardless of whether such individual or entity is for profit or not-for-profit, and regardless of whether the public or private individual or entity is involved in any way with the pupil's education.
(p) New Hampshire home educated pupils pursing an education in a postsecondary institution who have not been assigned a unique pupil identifier may, without penalty, opt out of being included in the unique pupil identification system for postsecondary pupils.
(q) Nothing in this chapter shall prohibit institutions in the university system of New Hampshire and the community college system of New Hampshire from exchanging data between themselves without the consent or involvement of the department of education.
II. [Repealed.]
III. Any contracts or agreements necessary to implement the provisions of this section shall be approved by the governor with the consent of the executive council.

Source. 2004, 147:3. 2010, 356:3. 2012, 224:1, 2; 247:24. 2014, 68:3, eff. July 1, 2014. 2019, 323:5, 6, eff. Oct. 12, 2019. 2020, 37:4, XVII, eff. July 29, 2020. 2022, 271:1, eff. June 24, 2022.

Commission on Mental Health Education Programs and Behavioral Health and Wellness Programs

Section 193-E:6

    193-E:6 Repealed by 2019, 255:2, eff. Nov. 20, 2020. –