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	½ course or demonstrated proficiency
World languages	5 courses
Health education	½ 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 wit