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 amendment 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 amendment 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
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
replaced 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, were:
#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. 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.
REVISION
NOTE #4:
Document #14150, effective 12-13-24,
and Document #14151, effective 12-13-24, adopted, readopted with amendment, or
repealed all of the rules in Part Ed 306.
Document #14150 and Document #14151 extensively amended and renumbered
the former rules in Part Ed 306.
Document #14150 contains Ed 306.01 through Ed 306.26 to address minimum
standards for public school approval, while Ed 306.27 through Ed 306.39 more
specifically address minimum academic standards for public schools. Taken together, Document #14150 and Document
#14151 replace all prior filings affecting the rules in Part Ed 306.
Document #14150
Document #14150 adopted new rule Ed
306.26 titled “State Board Establishment of State Academic Standards.” Document #14150 also readopted and renumbered
Ed 306.27 titled “High School Curriculum, Credits, Graduation Requirements, and
Co-curricular Program” as Ed 306.22 titled “High School Curriculum, Credits,
and Cocurricular Program” and Ed 306.23 titled “Graduation Requirements.” Ed 306.17 titled “Class Size” was readopted
with amendment and retitled “Student-Educator Ratios.” Ed 306.22 titled “Distance Education” was
readopted with amendment and re-titled “Remote Learning.”
Document
#14150 repealed Ed 306.09 titled “Custodial and Maintenance Services”, Ed
306.14 titled “Basic Instructional Standards”, Ed 306.19 titled “School
Calendar”, Ed 306.23 titled Statistical Reports; Accountability”, and Ed 306.30
titled “Delay in Full Compliance.” The
reserved number Ed 306.13, whose rule had previously been repealed by Document
#10556, effective 3-27-14, was deleted.
These repeals and the deletion of the reserved Ed 306.13 necessitated
the renumbering of the former Ed 306.01 through Ed 306.29 as Ed 306.01 through
Ed 306.25.
The prior filings affecting the
former Ed 306.01 through Ed 306.30 included the following documents:
#2055, eff 6-16-82
#2714, eff 5-16-84
#2787, eff 7-31-84
#4851, eff 6-25-90
#5107, eff 4-2-91
#5546, eff 7-1-93
#6366, eff
10-30-96, EXPIRED: 10-30-04 (except for Ed 306.06 and Ed 306.17)
#7512, eff 7-1-01
#7797, eff
11-28-02
#7925, eff 7-24-03
#8206, INTERIM,
eff 11-18-04, EXPIRED: 5-17-05
#8354, eff 7-1-05
#9940, INTERIM,
eff 6-9-11, EXPIRED: 12-6-11
#10047, eff
12-17-11
#10556, eff
3-27-14
#12418, eff
11-14-17
#12814, eff
6-15-19
#12845, eff 8-9-19
(see Revision Note #2)
#13001, EMERGENCY,
eff 3-12-20, EXPIRED: 9-8-20 (Ed 306.18(a)(7))
#13159, eff
1-15-21
#13245, eff
7-29-21
#13356, eff
2-19-22 (see Revision Note #3)
#13394, eff
6-10-22
Most of the existing rules affected by
Document #14050 were last filed under Document #10556, effective 3-27-14. They did not expire on 3-27-24 but were
extended pursuant to RSA 541-A:14-a until repealed or replaced by the rules in
Document #14050, effective 12-13-24.
However, Ed 306.02 titled “Definitions”, previously effective 7-1-05
(Document #8354), and as amended effective 12-17-11 (Document #10047), had
already expired 7-1-13 in paragraphs (a)-(d) and expired 12-17-19 in Ed 306.02
intro. and paragraphs (e)-(h).
Document #14151
Document #14151 repealed Ed 306.34
titled “Career and Technical Education Program”, Ed 306.35 titled “Career
Education Program”, Ed 306.38 titled “Family and Consumer Science Education
Program”, and Ed 306.49 titled “Holocaust and Genocide Education Program.” The reserved numbers Ed 306.32 and Ed 306.36,
whose rules had previously been repealed, respectively, by Document #10556,
effective 3-27-14, and by Document #10047, effective 12-17-11, were deleted. These repeals and the deletion of the
reserved Ed 306.32 and Ed 306.36 necessitated the renumbering of the former Ed
306.31 through Ed 306.49 as Ed 306.27 through Ed 306.39.
The prior filings affecting the
former Ed 306.31 through Ed 306.49 included the following documents:
#5546, eff 7-1-93
#6366, eff
10-30-96, EXPIRED: 10-30-04
#8206, INTERIM,
eff 11-18-04, EXPIRED: 5-17-05
#8354, eff 7-1-05
#10047, eff
12-17-11
#10556, eff
3-27-14
#10870, EMERGENCY,
eff 6-29-15, EXPIRED: 12-26-15
#11020, eff 1-8-16
(see Revision Note #1)
#12418, eff
11-14-17
#12814, eff
6-15-19
#12845, eff 8-9-19
(see Revision Note #2)
#13394, eff
6-10-22
The existing rules Ed 306.33, Ed
306.34, Ed 306.35, Ed 306.38, and Ed 306.39 affected by Document #14051 were
last filed under Document #10556, effective 3-27-14. They did not expire on 3-27-24 and were
extended pursuant to RSA 541-A:14-a until repealed or replaced by the rules in
Document #14051, effective 12-13-24.
Ed 306.01 Applicability.
(a) Public schools and public academies shall meet the applicable
criteria established in these rules to be an approved school.
(b) As determined by vote of the local school board, public schools
composed of grades K through 9 may be organized consistent with RSA 189:25 as
follows:
(1) Elementary
school, which offers groupings of grades beginning with kindergarten and no
grade higher than 8th;
(2) Middle school,
which offers any grouping of grades beginning with 4th grade and no
grade higher than 8th; and
(3) Junior high
school, which consists of grades 7 through 9 or any grouping of these grades.
(c) A public school as organized in (b) above shall be approved if it
meets the requirements applicable to all schools and applicable to the grouping of grades as outlined in Ed 306.21 and
Ed 306.22.
(d) 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 as
outlined in Ed 306.22 and Ed 306.23.
(e) Public schools and public academies shall
provide all students an education consistent with the minimum standards in these rules and in the areas enumerated in RSA
193-E:2-a, I. Notwithstanding these rules, schools may require that students
achieve more rigorous standards than the minimum standards, and schools shall
aspire for students to achieve mastery.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
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) “Academic
standards” means ”academic standards” as defined in RSA 193-E:2-a, VI(b);
(b) “Achievement
of competencies” means a student has demonstrated competencies at a proficient
level through a collection of evidence;
(c) “Career
and technical education or CTE” means “career and technical education or CTE”
as defined in RSA 188-E:2, III;
(d) “Cocurricular”
means “cocurricular” as described in RSA 193:1-c, I. The term also includes
“cocurricular program”;
(e) “Competencies” means “competencies” as defined in RSA 193-H:1, II;
(f) “Competency-based” means an educational approach that includes the
following tenets:
(1) Competencies are explicitly stated and measured;
(2) Assessment practices are varied, authentic, transferable, and
meaningful;
(3) Students
advance to new learning opportunities upon proficiency;
(4) Students are
offered timely interventions in response to their learning; and
(5) Attention is paid to work study practices;
(g) “Course of study” means a progression of related competencies
leading to graduation;
(h) “Credit” means the official record that a
student has achieved competencies associated with learning opportunities;
(i) “Curriculum” means “curriculum” as defined in RSA 193-E:2-a, VI(c);
(j) “Department” means the New Hampshire department of
education;
(k) “Developmentally
appropriate” means activities, materials, and environments that are suitable
for a person’s age, level of maturity, and stage of development including
cognitive, emotional, social, and physical abilities;
(l) “Differentiation” means the adjustments made to learning opportunities for
groups of learners based on similar learning needs;
(m) “Educator” means “educator” as defined in RSA 21-N:8-d, I(c);
(n) “Equitable”
means the distribution of resources, delivery of programs, and implementation
of policies based on individuals’ or groupings of individuals’ identified needs to adjust
for nonachievement of competencies or other barriers to success. The term also
includes “equity”;
(o) “Extended learning opportunities (ELOs)” means a personalized
learning process that allows for achievement of competencies through means
outside of the classroom;
(p) “Individualization” means adjustments made to learning opportunities based
on specific needs of individual learners;
(q) “Instruction” means deliberate and strategic approaches to facilitate student
learning;
(r) “Instructional time” means the period of time during which instruction
is offered;
(s) “Learning level” means a student’s identified readiness to receive
instruction in a competency;
(t) “Learning opportunities” means educational experiences, including
but not limited to in-person, online, blended, and self-guided classes, ELOs, work-based learning, and alternative
learning plans that lead to achievement of competencies. The term also includes
“course”;
(u) “Local school board” means the local school board of a district
under RSA 189:1-a;
(v) “Mastery” means a high level of demonstrated proficiency with
regard to a competency;
(w) “Personalization” means adjustments made to learning opportunities
responsive to the learner’s interests, talents, passions, and aspirations. The
term also includes “personalized learning”;
(x) “Plan” means a written document that outlines specific goals,
objectives, or desired outcomes;
(y) “Proficiency” means the minimum student performance required to
satisfy the achievement of a competency. The
term also includes “proficient”;
(z) “Program” means a grouping of interrelated activities,
opportunities, and resources designed to implement a particular goal;
(aa) “Rigor” means
the depth and cognitive complexity with which students are expected to
demonstrate, communicate, and apply knowledge and skills aligned to
competencies;
(ab) “State board” means the state board of education established in
RSA 21-N:10; and
(ac) “Work-study practices” means “work-study practices” as defined
in RSA 193-H:1,VIII.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.03 Statutory
Requirements. For a school to be an approved school under these rules, the
school board shall comply with all
applicable state laws and rules.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed
306.04 Policy Development.
(a) The individual(s) responsible for superintendent services or
their designee shall keep students, parents, and all school and district personnel informed about school policy. Such
information shall be readily available, including on the school website.
(b) The local school board shall adopt and implement written
policies and procedures, and make them available on each school’s website,
relative to:
(1) Absenteeism and attendance, which shall:
a. Include procedures for the accountability and
supervision of students;
b. Not penalize students who miss class or a
required school event because of a school scheduling conflict; and
c. Implement a cooperative
approach that clearly explains the parents’ or guardians’ responsibilities for
notification when a student is tardy, absent, or dismissed, as well as the
school’s responsibility;
(2) Promoting school safety:
a. On school property, as defined in RSA
193-D:1, V and RSA 193-F:3, V;
b. During authorized
school activities, including but not limited to online and hybrid learning;
c. Relative to
bullying, cyberbullying, and the use of social media platforms;
d. In managing the behavior of students;
e. Relative to the use of restraint and
seclusion pursuant to RSA 126-U;
f. Relative to
emergency care consistent with RSA 200:40;
g. By including safety instruction in all
applicable programs offered by the school; and
h. By requiring all school and district
personnel to know and implement safety practices and procedures relative to
their area of responsibility;
(3) Discipline, including behavior management and intervention for students.
Such policy shall:
a. Include provisions regarding student rights
and responsibilities, rules of conduct, and penalties for misbehavior;
b. Include provisions regarding suspension and
expulsion of pupils pursuant to RSA 193:13 and Ed 317;
c. Be written in age-appropriate language;
d. Be disseminated to parents and guardians; and
e. Be accessible to
students, parents, and guardians, be ADA compliant, and offer a verbal option
when needed;
(4) Records
retention, including electronic files, requiring:
a. Complete and accurate records of students’
attendance and scholarship which shall be permanently kept and safely stored in
a fire-resistant file, vault, or safe;
b. A schedule for the retention and disposition
of original records and information which shall be established in accordance
with RSA 189:29-a; and
c.
Access to all student records and information which 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
applicable federal and state laws;
(5) Character and citizenship, which shall incorporate and encourage:
a. Character and citizenship in courses of
study;
b. A caring educational environment by
demonstration of character and citizenship by example;
c. Principles of humanity and general
benevolence, public and private charity, industry and economy, and truth and
honesty with self and others, pursuant to Part 2, Article 83 of the New
Hampshire Constitution;
d. Fairness, integrity, and justice;
e. Civility, respect, courtesy, and human worth;
f. Responsibility to oneself and others;
g. Community service; and
h. The rights and responsibilities of
citizenship;
(6) Student
hazing;
(7) Student
harassment, including bullying and cyberbullying, as required by RSA 193-F:4,
II;
(8) Sexual
harassment;
(9) Reporting of suspected abuse or neglect;
(10) The administration of non-academic surveys or questionnaires
to students, as required by RSA 186:11, IX-d;
(11) Promotion of a school environment that is
conducive to learning and supports strong family and community partnerships,
including:
a. Engagement opportunities for parents and
family members of students of all ages and learning levels;
b. Parent activities throughout the school year
to help parents support their children’s learning;
c. Curricular and learning materials made
available to parents, consistent with copyright licensure of such materials;
d. Frequent communication of school performance,
student progress, and learning plans, using both print and online formats;
e. Initiating community-based developmental
activities that prepare students for school and promote ongoing achievement;
f.
Promoting collaboration among parents, schools, and community on school
improvement and student achievement projects;
g. Development of a sustained plan to harness
relevant 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
h. Development of business
partnerships to assist students in the successful transition to employment or
further education;
(12) Remote learning as provided in Ed 306.18;
(13) Providing alternative means of demonstrating proficiency of
competencies resulting in the awarding of credit for a high school diploma or
equivalent;
(14) Homeless students;
(15) Supporting the physical and emotional
health needs of students and providing appropriate interventions;
(16) Supporting the availability and
distribution of healthy foods and beverages in all schools, including standards for nutrient dense foods and beverages as identified and defined by 7
CFR Part 210.10;
(17) Air quality
in school buildings as required by RSA 200:48;
(18) Promoting
students from one learning level or grade to another based on achievement of competencies in alignment with the district’s academic standards as
approved consistent with RSA 193-E:2-a, IV;
(19) How high
school credit is awarded to students based upon achievement of competencies:
a. Regardless of age or enrollment status; and
b. Pursuant to the requirements enumerated in Ed
306.22;
(20) How students
can graduate early, which outlines:
a. The requirement of parental or guardian
involvement for students under the age of 18;
b. The approval process by the high school
principal if it is determined that all state and local graduation requirements
will be met; and
c. How, upon meeting local graduation
requirements, the student is awarded a high school diploma;
(21) Basic learning
standards, including:
a. Homework, including how it is accessed and
assessed;
b. Promotion of students from one learning level
or grade to another based on achievement of competencies;
c. Digital literacy;
d. How students can pursue various learning
opportunities, including:
1. Advanced placement (AP) courses;
2. Career-related credentials and
certifications;
3. Dual and concurrent enrollment in college
courses; and
4. Virtual Learning Academy Charter School
(VLACS) and learn everywhere programs;
e. How students can pursue ELOs and career
readiness activities, addressing:
1. The administration and supervision of the
programs;
2. How licensed school personnel oversee an
individual student’s curriculum;
3. The requirement that each ELO aligns to
competencies;
4. Access to ELOs by middle school students;
5. How high school credit is awarded through
ELOs; and
6. How students can include summer activities;
f. For schools with grades K-8, the offering of
one or more world languages, including:
1. The extent of the world language instruction;
and
2. The students to whom the world language(s) is
offered; and
g. No later than the 2025-2026 academic year for
schools with grades K-5, the offering of a computer science program, including:
1. The extent of the computer science courses
offered; and
2. The
students to whom the classes are offered;
(22) Exploration of
career pathways in a developmentally appropriate manner, no later than the
2025-2026 academic year; and
(23) Developmentally appropriate daily physical
activity pursuant to Ed 310. The policy shall be in addition to and shall not replace the physical education program
requirement.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
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. Provisions shall be made for the review of the philosophy,
goals, and objectives at least every 5 years.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.06 Culture
and Climate.
(a) The local school board shall adopt
policies that address:
(1) Respect
for differences, and
affording all students equitable opportunities;
(2) Shared
responsibility for the
school culture and climate among students, their families, school
administration and staff, and the community;
(3) Student
leadership through
involvement in decision-making; and
(4) Civil,
nondiscriminatory, and
respectful use of language and behavior.
(b) The
school administration and staff
shall:
(1) Review
ways in which gaps in equity can be reduced, and develop and implement a plan
to address academic under-performance of individual students to eliminate
barriers to learning; and
(2) Establish a fair and equitable code of discipline that is fairly and
consistently implemented and 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 an equitable, safe, and
healthy school environment.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.07 School
Facilities. The local school board shall require that the
facilities operated by the school district for
K-12 educational purposes are approved to operate or are conditionally approved
to operate in accordance with Ed 320.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.08 Learning and Instructional
Resources. The local school board
shall require that each school:
(a) Provides a developmentally appropriate collection of resources
aligned to all learning and grade levels, including online and print materials,
equipment, and technologies that shall be necessary to support the curriculum
as well as the learning needs of all students;
(b) Provides that resources are, as appropriate:
(1) Organized and accessible to students,
staff, and parents; and
(2) Managed through circulation policies and
procedures that are designed to maximize the use of the resources;
(c) Integrates the
following across curricular areas when appropriate:
(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;
(10) Participating
effectively in groups to pursue and generate information; and
(11) Activities
to promote the development of reading, viewing, and listening skills; and
(d) Implements a plan approved by district administration for ongoing development,
organization, acquisition, maintenance, replacement, and updating of curriculum
and learning resources necessary to support the needs of students.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.09 Administrative
Support Services. The local school board shall ensure that all
school records shall be maintained in accordance with local policy, state laws
and rules, and federal laws and regulations.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.10 Food
and Nutrition Services.
(b) The
local school board or local board of directors of a public school district
shall 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.
(c) Preschool-aged students receiving limited
special education services under an IEP that do not overlap with a scheduled
mealtime of the school shall be exempt from the meal requirements in (b) above.
(d) A school
district may request a waiver from the requirements set forth in (b) above to
the state board for an entire school or for any educational program provided
within the school district.
(e) Such request
for a waiver shall include:
(1) The school and
grades for which the school board is seeking the waiver;
(2) The reason(s)
the waiver is being requested;
(3) The length of
the requested waiver;
(4) Steps that the
local school board or board of directors will take to ensure compliance with
the requirements of RSA 189:11-a, I-II and these rules; and
(5) The date when
the waiver is likely to no longer be required.
(f) A waiver shall be approved if the state board
determines that the school district has reasonable basis that is not
inconsistent with the purpose of RSA 189:11-a and this section, after reviewing
the information from the waiver request provided in (e) above, for not being
able to satisfy the requirements of RSA 189:11-a, I-II and in (b) above.
(g) The state board shall not approve a waiver to
exceed one year from the date of the approval of the waiver request.
(h) Nothing contained in these rules shall
prohibit any school district from seeking a waiver request in a subsequent year
if the requirements set forth in RSA 189:11-a, I-II and (b) above were not
satisfied during the approved waiver period.
(i) The local school board
shall provide a qualified individual(s) to:
(1) Oversee the
operation of school meals;
(2) Maintain proper
resources that meet state and federal regulations; and
(3) Maintain state
health requirements for each school site within the district.
(j) All
food service employees shall, within their first year of employment, obtain a
certificate of completion for an approved sanitation course.
(k) Students
shall be provided with an adequate time to consume meals in each elementary,
middle, and high school in accordance with the federal Child Nutrition and WIC
Reauthorization Act of 2004 (Public Law 108-265).
(m) Any
school 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 department. The department 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. (See Revision
Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24
Ed 306.11 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 registered
nurse, licensed practical nurse, or licensed nursing assistant employed by a
school district shall hold such current license under RSA 326-B.
(c)
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 (CPR) certification shall be available.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.12 Provision of
Staff and Staff Qualifications.
(1) The services of a licensed
principal and a licensed school counselor(s);
(2) Professional staff members licensed by the
department in accordance with Ed 500 and Ed 600;
(3) For
the hiring and training of educators licensed under Ed 500 to
facilitate learning in their credentialed content area or as assigned by the
superintendent pursuant to (b) below;
(4) The number of educators sufficient to satisfy
the student-educator ratios in Ed 306.14;
(5) In
each elementary school, the services of a licensed reading specialist and
library media specialist to facilitate the delivery of language arts and
reading curriculum; and
(6) In
each middle and high school, the services of a library media specialist to
support the management of the learning and instructional resources requirements
of Ed 306.08.
(b) An educator with sufficient
content knowledge, as determined by the superintendent, may be assigned to
teach in a content area in which they are not licensed, so long as the total
minor assignment(s) is less than 50 percent of the individual’s weekly hours of
instruction.
(c) In carrying out the school counseling
program, the local school board shall require that:
(1) The counseling load in each
elementary school shall not exceed the equivalent of one full-time licensed
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 licensed
school counselor per 300 students enrolled;
(3) High schools with more than 4 school
counselors shall provide a high school level licensed director of school
counseling to coordinate the implementation of the school counseling program
plan and policy, unless (4) below applies; and
(4) District level licensed 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.
(d) The
local school board shall require that each school with an enrollment of 500 or
more students provides the services of an assistant principal or 2 or more
persons with administrative licensure 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.
(e) The
local school board may provide for each school the services of additional staff
to facilitate the use of the learning and instructional resources described in
Ed 306.08 and the technological resources needed to facilitate the digital literacy program
described in Ed 306.33.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.13 Professional Development.
(a) The local school board shall require that
schools comply with the professional development requirements enumerated in Ed
513.
(b) The
school administration shall require that:
(1) Each licensed individual’s professional
development plan required under Ed 513.03 is aligned with the professional
development master plan; and
(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.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.14 Student-Educator
Ratios.
(a) The
local school board shall establish student-educator ratios that promote student
learning for each learning opportunity and learning level based upon school
safety policies, content, instructional method, the characteristics of
learners, and the following:
(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
school and high school, 30 students or fewer per educator.
(b) Student-educator ratios may be exceeded for
study halls, band and chorus, and other types of large group instruction, including
but not limited to lectures 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 CTE shall be determined by the number of workstations
and the size and design of the area.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.15 School Year.
(a) Each school shall maintain a school calendar
which provides for 180 days of instruction or the required number of
instructional hours, which may result in fewer than 180 days.
(b)
Each school district shall maintain a school year as provided below, which
shall identify the total instructional hours offered and recognize that
students advance upon achievement of competencies, not based on seat time,
pursuant to Ed 306.22(j):
(1) At least 450
hours of instructional time in kindergarten;
(2) At least 945
hours of instructional time in elementary school grades 1-6; and
(3) At least 990 hours
of instructional time in each year grades 7-12.
(c) 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.
(d)
Schools shall use additional hours to reschedule lost instructional time before
requesting a waiver of the amount of instructional time under RSA 189:2.
(e) 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.
(f) Remote
learning conducted in accordance with Ed 306.18(c) shall count toward the
required amount of instructional time.
(g) Advisory periods in middle and high schools
shall be counted as instructional time.
(h) Lunch
time, home room periods, passing time, and breaks shall not be counted toward
the required amount of instructional time. Elementary schools may count
recess as instructional time for pupils in kindergarten through grade 6.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.16 CTE Programs.
(a) CTE programs, as defined in Ed 306.02(c),
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 1302 and be included in the regional agreement
established pursuant to Ed 1304.02; and
(2) Every public high
school shall make all students aware of programs available at the regional CTE
center.
(b) Receiving
districts shall make every effort to offer opportunities 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 the
respective regional agreement.
(c) CTE cooperative agreements shall require the
sending and the receiving school districts to coordinate calendars and
schedules to maximize students’ access to CTE programming pursuant to Ed
1304.02.
(d) 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 the sending school budget restrictions.
(e) Prerequisites
shall be directly related to a student’s ability to successfully complete the
CTE program of core technical competencies vetted by business and industry and
postsecondary institutions.
(f) Each CTE center shall report aggregate data
to all sending schools regarding student performance disaggregated by each CTE
program.
(g) An
approved CTE program shall be one that:
(1) Delivers
multi-level career and technical education, as defined in Ed 306.02(c), in
sequential fashion, based on curriculum-specific competencies endorsed by CTE
and business leaders;
(2) Uses competencies
aligned with national industry standards that have been vetted through both
business and industry and postsecondary education;
(3) Offers students a
career pathway plan of study that establishes an educational progression from
secondary through postsecondary, which culminates in:
a.
A postsecondary educational degree or credential in the student’s chosen
career field; or
b.
Opportunities in the student’s identified career field in a supportive
capacity for students with disabilities whose IEP teams have determined that
the student, even with accommodations or modifications, is unable to meet
licensure or certification requirements;
(4) Implements
third-party assessments as recognized and designated by the department;
(5) Offers approved CTE
programs in a safe environment for students that:
a. Meet safety
standards established by national associations and adopted as administrative
rules by New Hampshire licensing boards for that career; and
b. Adhere to class
sizes pursuant to Ed 306.14;
(6) Coordinates with
postsecondary or apprenticeship programs, or both; and
(7) Coordinates with
business and industry-based programs.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.17 Alternative
Programs.
(a) “Alternative program” means the delivery of
a student’s learning opportunities through individualization, personalization,
and differentiated methods designed to address the needs of individual students
or groups of students that might be different from the learning opportunities
used by the schools of the district for the student population.
(b) An alternative program may be housed in the
same facility as a school or at a different location.
(c) An alternative program shall be:
(1) Designed to address
the personalized and differentiated needs of students; 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.
Enables students to opt into the program at the request of the students’
parent or guardian;
c. Specifies the
procedures for assessing and implementing the program consistent with RSA
193-C:3, III;
d. Specifies when the
program would be offered, which may be at a time other than during the regular
school day;
e. Demonstrates how the alternative program will
enable the participating students to achieve the same district competencies and graduation
requirements outlined for all students; and
f. Details how ELOs, remote
learning pursuant to Ed 306.18, and other learning opportunities will be
incorporated as a learning option for all students.
(d) Alternative
programs for students with disabilities shall meet the requirements of
confidentiality of information pursuant to Ed 1119.
(e) Annually,
a school administrative unit (SAU) that implements an alternative program shall
report the program to the department.
(f) Each
student participating in an alternative program shall participate in the state
assessment exam, when applicable.
(g) Assignment
of students to an alternative program shall be voluntary and require written
approval from the parent or guardian.
(h) Staff
assigned to an alternative program shall meet the same licensure requirements
as staff assigned to schools in accordance with Ed 306.12.
(i) Students
in an alternative program shall be provided student services equivalent to
those provided in schools including, but not limited to:
(1) Food and nutrition services under Ed 306.10;
(2) Health services under Ed 306.11; and
(3) Counseling services.
(j) The
school year for alternative programs shall meet the requirements of Ed 306.15.
(k) Alternative
programs which result in the awarding of a high school diploma shall meet the
requirements of Ed 306.23(d).
(l) Alternative
programs which are supervised by the principal of a school shall be considered
part of that school for reporting and assessment purposes, and for school
approval under Ed 306.24.
(m) Alternative
programs which are supervised by a district level administrator shall be
considered a separate school of the district for reporting and assessment
purposes, and for school approval under Ed
306.24.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.18 Remote Learning.
(a) All
students shall have access to full-year, full-day instruction, in-person as
required in RSA 189:1 and RSA 189:24. Remote learning shall satisfy
the requirement for in-person instruction when conducted in accordance with (c)
below.
(b) Remote
learning opportunities may include, but not be limited to, blended or hybrid
online and in-person, completely online, video-based, internet-based courses of
study, or any combination thereof.
(c) Remote
learning shall satisfy the requirements of RSA 189:1 and RSA 189:24 under the
following conditions:
(1) When inclement weather
makes it unsafe to safely transport students to or from in-person instruction;
(2) As an
option for a parent or guardian making a request for remote learning;
or
(3) As articulated in a parent-approved
alternative program approved by the local school board pursuant to Ed
306.17(c).
(d) When
the district offers remote learning, the school board shall be responsible for
the development of a policy for the governance and administration of
remote learning.
(e) If
a student participating in remote learning is not making educational progress,
as determined by the district’s educational assessments, the option
to participate in remote learning 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 under Ed 200.
(g) A
student shall remain in remote learning until the conclusion of the appeal in
(f) above. If the state board 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 remote learning opportunity.
(h) School districts may
cooperate to share delivery of remote learning opportunities.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.19 Local Assessment
and Accountability.
(a) Each
school district shall establish a local education accountability system which
may integrate with the department’s accountability system to allow for
comparison and analysis of such data.
(b) Each school district shall file statistical
reports with the department as required under RSA 189:28. Should a district need statistical data from
the department for filing a statistical report, the district shall submit a
request to the department at least 60 days before the district’s report is due
on October 1, pursuant to Ed 306.24(f).
(c) The
local school board shall require that each school:
(1) Provides for the
ongoing assessment of district competencies and graduation
requirements through the use of local assessments that are aligned with state
and local standards;
(2) Has a process for
the selection, use, and interpretation of local assessment instruments;
(3) 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
assessments;
c.
Performance-based assessments; and
d. Project evaluation
rubrics used to evaluate program proficiencies applied to integrated curriculum
assignments, ELOs, CTE opportunities, and out of school learning environments;
and
(4) 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.
(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. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.20 School Psychological
Services.
(a) If a district employs a school psychologist as
an optional service pursuant to RSA 189:49, IV, the requirements in (b)-(e), in
addition to the requirements below, shall apply:
(1) Nothing in this section shall prevent a
school district from contracting services with a qualified school psychologist;
(2) All such psychological services shall comply
with federal Every Student Succeeds Act (ESSA) requirements, including informed
written consent; and
(3) All such services shall comply with state and
federal student privacy laws and rules, including parental notification and
consent requirements.
(b) Employing
school districts shall require that school psychological services are provided
by licensed school psychologists in a coordinated, organized fashion, and are
deployed in a manner that results in the provision of a comprehensive continuum
of services.
(c) School
psychologists shall use assessment findings to diagnose educational and
behavioral disorders and to facilitate educational treatment planning.
(d) Employing
school districts shall ensure that an effective program of supervision and
evaluation of school psychological services exists.
(e) 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) Employing
school districts shall ensure that parental consent and student information are
protected as required under applicable state and federal law.
Source. (See Revision
Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24
Ed 306.21 Kindergarten
Through Grade 8 School Curriculum.
(a) The local school board shall
require that in each school there is an elementary school curriculum aligned to
state academic standards that outlines district competencies for the grades 1-8
and includes:
(1) Procedures for
identifying personalized learner needs and interests;
(2) Methods and strategies
for facilitating learning, including but not limited to personalization,
individualization, and differentiation;
(3) Techniques for the
evaluation of student outcomes, including performance assessment of
competencies; and
(4) Opportunities for students to receive timely,
personalized, and differentiated support based on their individual learning
needs.
(b) The local school board shall adopt, for
each school offering kindergarten, a kindergarten curriculum aligned to state
academic standards and 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 on play-based learning that comprise:
a. Movement;
b. Creative expression;
c. Exploration;
d. Socialization; and
e. Music; and
(4) A reading
curriculum that includes, but is not limited to, phonemic awareness, phonics,
vocabulary, fluency, and comprehension.
(1) For
the elementary grades 1-8, where no middle school has been established by vote
of the local school board:
a.
Arts education, including music and visual arts;
b. English language arts, reading, writing,
speaking, and listening, to include:
1. Instruction in
cursive handwriting by the end of grade 5;
2. No later than
July 1, 2027, measurable, evidence-based literacy instruction for all students
through grade 5 to include:
(i) Phonemic
awareness;
(ii) Phonics
awareness;
(iii) Phonics, both
decoding and encoding of sounds and words;
(iv) Fluency;
(v) Vocabulary and
comprehension; and
(vi) The grammar
and mechanics of writing;
c. Health
and wellness education;
d. Physical
education;
e. Digital
literacy;
1. Instruction of the multiplication tables by
the end of grade 5; and
2. No later than
July 1, 2027, mathematics reasoning and mathematics calculation including
fluency for all students through grade 5;
g.
Science;
h.
Social studies, including:
1.
Civics; and
2.
Holocaust and genocide education, starting no later than grade 8
pursuant to Ed 306.46; and
i. An optional computer science program, as enumerated in Ed 306.04(b)(21)g; and
j. An optional world language,
if offered, as enumerated in Ed 306.04(b)(21)f; and
(2) For middle
school:
a.
Arts education, including music and visual arts;
b.
English language arts and reading;
c. Health and wellness
education;
d.
Physical education;
e. Digital literacy;
f.
Computer science;
g. Mathematics;
h. Science;
i. Social studies,
including:
1.
Civics, government, economics, geography, and history; and
2.
Holocaust and genocide education, starting no later than grade 8
pursuant to Ed 306.46;
j.
Engineering and technology, including technology applications; and
k. An optional world language,
if offered, as enumerated in Ed 306.04(b)(21)f.
(d) If cocurricular programs are offered, they
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. As outlined in Ed 306.22(c)(5), achievement of
competencies through cocurricular activities shall be counted towards
graduation credit.
(e) If a district chooses
to offer ELOs in a middle school or a student requests an ELO and the district
has the available resources, the ELOs shall:
(1) Consist of
activities designed to:
a. Allow a student to
demonstrate achievement of competencies or supplement learning opportunities;
and
b. Promote the schools’
and individual students' educational goals and objectives;
(2) Be governed by the
ELO policy as outlined in Ed 306.04(b)(21)e.;
(3) Incorporate student
participation in selecting, organizing, and carrying out ELOs; and
(4) Be available to all
students.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.22 High School
Curriculum, Credits, and Cocurricular Programs.
(a) The
local school board shall require that the curriculum content and learning
opportunities developed for each high school outline district competencies
leading to graduation.
(b) School
districts shall develop district competencies, based on state academic
standards where applicable, for all courses of study. School districts may use
state model competencies to develop minimum district competencies.
(c) The
required locally approved curriculum content shall comply with the following:
(1) The program of
studies as outlined in (q) below shall include those learning opportunities in
which students demonstrate achievement of competencies as outlined in Table
306-1 or Table 306-2 when applicable;
(2) Learning
opportunities shall include:
a. Procedures for identifying
learner needs and interests;
b. Methods and
strategies for facilitating learning, including but not limited to
personalization, individualization, and differentiation;
c. Techniques for
the evaluation of student outcomes, including performance assessment of
competencies; and
d. Opportunities for
students to receive timely, personalized, and differentiated support based on
their individual learning needs;
(3) Learning opportunities, including ELOs, shall
be planned for the achievement of competencies leading to high school
graduation;
(4) ELOs shall:
a.
Consist of activities designed to:
1.
Allow a student to demonstrate achievement of competencies or supplement
learning opportunities; and
2.
Promote the schools’ and individual students’ educational goals and
objectives;
b. Be governed by
a policy adopted by the local school board as outlined in Ed 306.04(b)(21)e.
c. Incorporate student
participation in selecting, organizing, and carrying out ELOs; and
d. Be available to
all students; and
(d) Each
local high school shall provide reasonable accommodations for cocurricular
activities as appropriate in order to allow for full access and participation
by students with a disability, as defined in RSA 186-C:2, I.
(e) The
local school board shall require a program of studies with learning
opportunities offered to high school students in the following areas:
(1) Arts education,
including music and visual arts;
(2) Business education;
(3) CTE;
(4) English language arts
and reading;
(5) Health and wellness
education;
(6) Physical education;
(7) Digital literacy;
(8) Mathematics;
(9) Computer science;
(10) Logic and rhetoric;
(11) Science;
(12) Social studies,
including civics, government, economics, geography, history, and Holocaust and
genocide education;
(13) Engineering and
technologies, including technology applications;
(14) World languages;
(15) ELOs; and
(16) Personal finance literacy.
(f) Each
high school shall offer maximum student learning opportunities, in and out of
the classroom, while at the same time specifying a basic number of courses that
each high school shall offer.
(g)
Students shall be awarded credit leading to graduation by demonstrating
achievement of competencies through completion of:
(1) A collection of evidence demonstrating a
student’s achievement of competencies;
(2) An assessment
demonstrating achievement of competencies approved by the local school district
for a particular course; or
(3) An assessment approved
by the department demonstrating achievement of competencies if the
local school district has not developed an assessment.
(h) The
local school board shall require that graduation be based on demonstrated
achievement of competencies through the accumulation of credits outlined in
Table 306-1 or Table 306-2 when applicable and certified by the school
principal or designee.
(i) Each high school shall ensure that learning
opportunities support students’ achievement of competencies and lead to meeting
local graduation requirements.
(j) Credits
shall be awarded for achievement of competencies. Credits shall not be awarded
based on time spent achieving these competencies.
(k) Students
may demonstrate achievement of competencies and be awarded credit through
student demonstration of a collection of evidence or other assessment evidence
at a proficient level gained through prior learning opportunities.
(l) The
areas in (e) above shall not limit opportunities to develop learning
opportunities that meet the needs of each student.
(m) The
programs of studies in (e) above may be offered and coordinated individually or
through interdisciplinary studies.
(n) Competency
in a subject area may be earned through interdisciplinary learning.
(o) Students
shall engage with and apply English language arts and mathematics competencies
during every year they are enrolled in high school, even if all required
competencies for English language arts and mathematics have been demonstrated.
Such engagement may occur through integration of these competencies in learning
opportunities focused on content areas other than English language arts or
mathematics. Nothing contained in this section shall preclude a school or
district from offering learning opportunities in addition to the minimum
outlined in this chapter.
(p) 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 (e) above.
(q) The
following shall apply relative to the required program of studies:
(1) The local school
board shall verify in writing to the commissioner that each high school offers
a total of at least 43 courses across the required program areas as outlined in
(5) below when the school seeks approval or renewal of approval under Ed
306.24;
(2) Each high school
may use any relevant title to identify a particular course of study;
(3) Local school boards
may propose innovative ways to meet or exceed the requirements in (5) below,
pursuant to Ed 306.25;
(4) Local school boards
shall ensure that courses necessary to meet the requirements for achievement of
competencies as defined in (5) below are offered to district students enrolled
in high school at no additional cost to the students and does not preclude
offering learning opportunities outside of the district resources;
(5) The following
required courses in program areas shall be offered by each high school:
a.
Arts education, including music and visual art;
b.
Business education;
c.
Physical education;
d.
Digital literacy;
e.
Personal finance literacy;
f.
World languages;
g.
Health and wellness education;
h.
Engineering and technologies, including technology applications;
i.
English;
j.
Mathematics;
k.
Science;
l.
Logic and rhetoric;
m.
Social studies, including civics, government, economics, geography,
history, and Holocaust and genocide education; and
n.
Computer science;
(6) Course requirements
in (5) above may be met through school identified
and sanctioned remote learning pursuant to Ed 306.18 subject to the
following:
a. Students shall be
provided learning opportunities that enable them to demonstrate achievement of
competencies in courses required for graduation;
b.
Students shall not be required to take the remote courses to demonstrate
achievement of competencies leading to graduation. Duplicate, equivalent, or
additional courses in those areas may be
offered through remote learning, ELOs, or other alternative programs;
c. Remote learning
opportunities or other alternative courses or programs to be counted toward the
43 courses required in (5) above shall be identified in the school's program of
studies;
d. The school shall
provide, where necessary, all equipment, software, and internet connectivity
necessary to participate in district-based remote learning or alternative
programs or learning opportunities that are to be counted toward the 43 courses
required in (5) above;
e. 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 in (5) above; and
f.
At least one staff member shall be identified and available to assist
students having difficulty with remote learning and other alternative programs;
(7) Courses offered at
regional CTE centers and available to all high school students may be counted
toward the 43 courses required in (5) above to be offered at each host or
sending high school in the region and be identified in the school's program of
studies;
(8) Students demonstrating achievement of
competencies acquired through CTE courses shall be awarded credit leading to
graduation;
(9) Nothing in this
section shall prevent a high school from offering classroom learning
opportunities, remote learning, independent study programs, CTE courses, or
ELOs in addition to the courses required in (5) above, and schools shall not be
required to pay for student registration or similar fees for additional courses
or programs; and
(10) Nothing in this
section shall prevent a student from demonstrating achievement of competencies through classroom
learning opportunities, CTE courses, remote learning, independent study, or ELOs
to meet the graduation requirements of Ed 306.23(f) consistent with local
district policies.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.23 Graduation
Requirements.
(a) The
local school board of each high school shall award a regular high school
diploma to those students who demonstrate achievement of competencies as
encompassed in at least 20 credits included in Table 306-1 or Table 306-2 when
applicable.
(b) The
local school board of each high school shall award a regular high school
diploma to all students, with and without disabilities, who have achieved and
demonstrated their local high school's competencies aligned to graduation
requirements.
(c) The
local school board of a district which does not operate a high school may award
a high school diploma if the following are met:
(1) The district has
contracted with a public academy, as defined in RSA 194:23, II, to be the high
school for the district, as authorized by RSA 194:22; and
(2) Students have
attended a school other than the public academy.
(d) The
awarding of different types of diplomas shall be governed by the following:
(1) A school shall
award a regular diploma for achievement and demonstration of the competencies
that meet graduation requirements;
(2) A school may
award a special diploma that recognizes academic achievement;
(3) Competencies
achieved in adult education, including but not limited to night school, may be
used to earn a regular diploma; and
(4) Students may earn
certificates of completion or equivalency diplomas, but these shall not be
equal to a regular high school diploma.
(e) The 20 credits required for graduation
shall be distributed as specified in Table 306-1 or Table 306-2 when
applicable. Attainment of 20 credits required for graduation that are based on
the state academic standards shall ensure that students meet the graduation
requirements outlined in (f) below.
(f) Graduation
requirements shall:
(1) Encompass a complete body of interrelated
student accomplishment and be considered as a whole, not as discrete silos;
(2) Align with applicable academic standards; and
(3) Require students to demonstrate and apply
competencies in the following learning areas:
a. In the arts:
1. Creating, presenting, and performing artistic
works; and
2. Responding and connecting to artistic works;
b. In digital literacy, the ability to use
diverse technology tools and media to:
1. Build new knowledge by inquiring, thinking
critically, identifying, and solving problems;
2. Communicate clearly and creatively;
3. Work effectively with others in ways that are
safe, legal, and ethical; and
4. Locate and critically assess digital content
to construct knowledge, produce creative artifacts, and make meaningful
learning experiences for themselves and others;
c. In English:
1. Listening and speaking thoughtfully and
purposefully to understand others and convey meaning;
2. Comprehending, analyzing, and critiquing a
variety of literary and informational texts;
3. Creating written explanations, narratives,
and logical arguments that effectively convey ideas, analyses, and critiques
encompassing broad topics suitable for a variety of audiences; and
4. Correctly using the conventions of standard
English such as grammar, punctuation, spelling, capitalization, and word usage
in all written work;
d. In mathematics:
1.
Understanding number systems and number sense, including computation concepts,
strategies, and procedures;
2. Understanding numerical and graphical
representations of data and the underlying logical and relational statements
represented by those data;
3.
Understanding geometric relationships and representations and underlying
mathematical principles; and
4. Reasoning mathematically in the development
of argument and logic;
e. In science:
1. Understanding foundational principles of
physical and life sciences;
2. Designing and carrying out investigations to
explore biological, chemical, and physical phenomena;
3. Analyzing and interpreting data to engage in
argument from evidence; and
4. Recognizing, interpreting, modeling, and
explaining evidence such as pattern, scale, proportion and quantity, cause and
effect, and other cross-cutting concepts related to observable and
non-observable phenomena;
f. In social studies, which includes United
States and New Hampshire history, government and civics, economics, personal
finance, and world history:
1. Understanding the history of the United
States through multiple perspectives, including founding principles and the
on-going struggle to realize those principles;
2.
Understanding the governance and functioning of local, state, and federal
government in a constitutional republic through multiple perspectives;
3. Understanding processes of civic engagement
in a democratic society, including tolerance and well-mannered engagement
across differences of perspective, philosophy, culture, race, and heritage;
4. Understanding important events marking world
history and how those events have shaped cultural, political, and other aspects
of civilization through multiple perspectives;
5. Recognizing local, state, national, and
global geography, and understanding how geography has influenced humanity
through multiple perspectives;
6. Understanding economic systems and their
effect on individuals and society;
7. Effective planning and management of personal
financial resources; and
8. Researching, inquiring, analyzing, and
explaining historical, civic, government, geographic, and economic developments
including interaction and interdependence through multiple perspectives;
g. In health and wellness and physical
education:
1. Researching and comprehending concepts
related to health promotion and disease prevention; and
2. Setting goals, advocating for, and pursuing
positive health outcomes for oneself and others;
h. In logic and rhetoric:
1. Reasoning skill in analyzing problems and
developing solutions;
2. Understanding the principle of cause and
effect;
3.
Developing critical thinking skills to better identify fact from unverified
information; and
4. The skill of speaking and writing as a means
of communication or persuasion;
i. In open electives:
1. Pursuing areas of personal interest that
instill a passion for lifelong learning; and
2. Making connections between education and
career paths; and
j. In all programs and courses:
1. Communicating effectively using multiple
modalities, interpreting information using multiple senses, and demonstrating
ownership of the work;
2.
Thinking originally and independently, taking risks, considering alternate
perspectives, and incorporating diverse resources;
3. Contributing respectfully, listening and
sharing resources and ideas, accepting and fulfilling roles, and exercising
flexibility and a willingness to compromise in both an academic and a career
setting; and
4.
Persevering in completing complex, challenging tasks, using self-reflection to
influence work and goals, and engaging stakeholders to gain support.
(g)
The 20 credits required for graduation shall be distributed as specified
in Table 306-1 below:
Table 306-1 Required Subjects and Credits for High School
Graduation
|
Required
Subjects |
Credit(s) |
|
Arts education |
½ credit |
|
Digital
literacy |
½ credit |
|
English |
4 credits |
|
Mathematics |
3
credits, including algebra credit that can be earned through a sequential,
integrated, or applied program |
|
Physical
sciences |
1 credit |
|
Biological
sciences |
1 credit |
|
US and NH
history |
1 credit |
|
US and NH
government/civics |
½ credit |
|
Economics,
including personal finance |
½ credit |
|
World history,
global studies, or geography |
½ credit |
|
Health
education |
½ credit |
|
Physical
education |
1 credit |
|
Open electives |
6 credits |
|
Totals |
20 credits |
Table 306-2 Required Credits for
High School Graduation
|
Content Area |
Credit(s) |
|
Arts education |
½ credit |
|
Digital literacy |
½ credit |
|
English |
3.5 credits, to include ½ credit in writing |
|
Mathematics |
3 credits, including algebraic concepts and at least ½ credit in statistics or data analysis |
|
Physical sciences |
1 credit |
|
Biological sciences |
1 credit |
|
US History |
½
credit |
|
NH history |
½
credit |
|
Logic and Rhetoric |
½ credit |
|
Civics |
½ credit |
|
History, government and constitution of US and NH |
1 credit |
|
Economics |
½ credit |
|
Financial literacy |
½ credit |
|
World history, global studies, or geography |
1 credit |
|
Health and wellness education |
½ credit |
|
Physical education |
1 credit |
|
Open electives, to include an option for career connected learning |
4 credits |
|
Totals |
20 credits |
(i) In each high school,
the minimum yearly course load for a student shall be at least the equivalent
of 3 credits, except that this requirement may be modified for:
(1) Students with
an IEP that has been developed in accordance with Ed 1109;
(2) Students for
whom early graduation has been approved as provided in Ed 306.04(b)(20); or
(3) Those individuals
in special or unusual circumstances as provided by local school board policy.
(j) The principal shall evaluate the
transcripts of students who transfer into a secondary school from another
educational program or state to determine previous educational experiences
toward meeting competencies.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.24 Approval Process.
(a) Pursuant to RSA 186:8, II, and RSA 21-N:6,
V, the department shall administer Ed 306.
(b) The following school approval categories
shall apply to the administration of Ed 306:
(1) Approved for a 5-year period
provided that a school meets and continues to meet all requirements of Ed 306;
(2) Conditionally
approved; and
(3) Unapproved.
(c) A school which does not meet all of the
applicable requirements of Ed 306 shall be designated as conditionally
approved, provided that:
(1) All identified
deficiencies and a timetable for their correction shall be incorporated into
the approval designation; and
(2) The department
shall work with the school officials and the local school board toward
correcting all deficiencies.
(d) A conditionally approved school which fails
to meet the requirements of an approved school within 3 consecutive school
years shall be designated as unapproved.
(e) One year prior to the expiration of a
school's approval, the chairperson of the local school board and the
superintendent of the respective district shall provide documentation of
compliance with all applicable standards.
(f) By October 1, the
superintendent of schools shall electronically certify that the schools in the
SAU meet all requirements of Ed 306 through the online education statistics
system (ESS) school approval checklist at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx.
(g) Pursuant to Ed
306.07, all facilities operated by the school district for K-12 educational
purposes shall be approved to operate or conditionally approved to operate in
accordance with Ed 320.
(h) A school not meeting the requirements of
(g) above shall be designated as unapproved.
(i) If compliance with any other requirement of Ed 306 is in
question, the school board chairperson and superintendent shall provide the
commissioner with an alternative approval proposal as provided in Ed
306.25. If approved, the alternative approval proposal shall be made
publicly available by the school district.
(j) The department shall designate qualified professionals to
visit schools to conduct school monitoring visits to verify that a school
complies with Ed 306.
(k) Each year the department shall provide an
approval designation, as identified in (b) above, for each public school and
public academy with an expiring approval status.
(l) The department shall notify in writing the chairperson of the
local school board and the superintendent of each school’s final approval
designation.
(m) If the school board disagrees with the approval designation,
the district may appeal the approval designation to the state board.
(n) An appeal to the state board shall be filed
within 30 days after delivery of the approval designation.
(o) The appeal shall be filed, in writing, by
giving notice to the chair of the state board.
(p) The district shall provide all evidence
rebutting the approval designation with the appeal. Evidence presented to the
state board shall be limited to evidence available to the department at the
time of the department’s monitoring of the district pursuant to (j) above.
(q) The state board shall hear the district’s appeal at the next
regularly scheduled state board meeting.
(r) Should the district wish to present oral argument to the state
board, they shall file a separate request for oral argument at the time of the
appeal. If the district requests oral argument, the department shall also have
the opportunity to provide oral argument to the state board if they so choose.
(s) It shall be the responsibility of the superintendent to notify the
department of any change in conditions which affects a school’s compliance with
these rules.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.25 Alternative
Approval.
(a) In order to meet the provisions of these
rules and encourage innovation to achieve high standards for students, a local
school board may request approval of an alternative method of compliance with
the relevant rule or rules.
(b) To apply for alternative approval, the
local school board shall submit a written request to the commissioner that
includes:
(1) The name(s) of
school(s), district, or both;
(2) The SAU number;
(3) The contact person
and telephone number;
(4) The grades covered
by the request;
(5) The number of
students affected;
(6) Identification of
the rule(s) for which the alternative plan is being submitted;
(7) The local school
board chairperson's signature;
(8) A clear and concise
written justification of the request; and
(9) A plan which
describes:
a.
The alternative and consists of a statement of intent;
b.
Method of implementation;
c.
Evaluation procedures;
d.
Timetable for development and implementation; and
e.
An explanation of how the alternative is consistent with the
statement(s) of philosophy, goals, and objectives adopted pursuant to Ed
306.05.
(c) The commissioner shall grant approval of
the alternative for that period of time consistent with the school(s) approval
designation, issued pursuant to Ed 306.24, if the request meets the following
criteria:
(1) The information
provided is thorough and complete;
(2) The school district
has demonstrated that it is able to implement the alternative; and
(3) The alternative is
educationally sound and is consistent with the intent of the rule(s).
(d) The commissioner shall notify the local
school board chairperson and the superintendent in writing of the decision.
(e) If the commissioner denies the request, the
chairperson of the local school board or designee may appeal the decision and request a state board
hearing.
(f) The appeal shall be filed, in writing, with the state board.
(g) The state board shall hear the district’s appeal at the next
regularly scheduled state board meeting.
(h) Should the district wish to present oral argument to the state
board, the district shall file a separate request for oral argument at the time
of the appeal. If the district requests oral argument, the department shall
also have the opportunity to provide oral argument to the state board if it so
chooses.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.26 State Board Establishment of State
Academic Standards.
(a) The state board shall establish state
academic standards for the purpose of inclusion and delivery of education
services at the local level.
(b) The academic standards approved by the state
board shall set forth the knowledge and skills that students are expected to
obtain for each of the content areas set forth in RSA 193-E:2-a, I.
(c) Prior to the state board’s establishment of
any academic standards, the state board shall conduct at least one public
hearing regarding the proposed academic standards at which comment from the
general public shall be solicited for evaluation and consideration by a quorum
of the board.
(d) Notice of the public hearing shall be posted
to the website of the state board and shall be transmitted to all credential
holders in the state, via electronic communication, at least 20 days prior to
the public hearing date.
(e) The state board may accept both live
testimony at the noticed public hearing and written public testimony to be
considered in evaluating the academic standards. The hearing process and public
participation shall conform with the procedures set forth in Ed 214.05 and Ed
214.06.
(f) Nothing in these rules shall prohibit the
board from giving greater notice than the minimum set out in this part, nor
providing more than one public hearing regarding academic standards for any
content area.
(g) The state board shall consider the following
criteria when establishing academic standards in each content area:
(1) The standards set out clear academic
expectations for what students will know and be able to do at each grade level
or learning level;
(2) The standards are developmentally appropriate
and provide a progression of standards that build upon previous learning;
(3) The standards promote academic
rigor, critical thinking, problem solving, and deep understanding of subject
matter; and
(4) The standards are clear, specific, and
measurable.
(h) Academic standards shall be established by
the state board upon an affirmative vote of at least the majority of the
members of the state board after review and recommendation of the legislative
oversight committee pursuant to RSA 193-E:2-a, IV(c).
(i) No school shall be required to implement the
common core standards developed jointly by the National Governors Association
and the Council of Chief State School Officers for any of the content areas set
forth in RSA 193-E:2-a, I.
(j) If a local school board determines not to
implement the academic standards established by the state board, a local school
board shall determine, approve, and implement alternative academic standards
that meet at least the level of rigor of the academic standards adopted by the
state board.
(k) The state board shall review the academic
standards for each content area every 10 years to determine if the standards
are in need of revision, or any time the board deems that an existing academic
standard should be revised.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14150, eff 12-13-24
Ed 306.27 Arts Education Program.
(a) The local school board shall ensure a
developmentally appropriate arts education program for each school consistent
with local competencies and curriculum pursuant to Ed 306.21 and Ed 306.22.
(b) Each
school’s arts education program shall have competences and curriculum aligned
to “K-12 Curriculum Framework for the Arts,” April 2001 edition, as referenced
in Appendix II.
(c) School
districts shall adhere to assessment practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed
306.28 Business Education Program.
(a)
The local school board shall ensure a developmentally appropriate business
education program at each high school consistent with local competencies and
curriculum pursuant to Ed 306.22.
(b) Each
district shall have curriculum to provide opportunities for students to
demonstrate and achieve the following competencies:
(1) In
entrepreneurship, the concepts, processes, and skills associated with
identifying new ideas, opportunities, and methods, including starting a new
project or venture;
(2) In business ethics,
the ethical standards that govern business operations and transactions, and
employee behavior;
(3) In finance, the
tools, strategies, and systems used to maintain, monitor, control, and plan the
use of financial resources;
(4) In management:
a. Leadership,
management, and teamwork concepts and principles; and
b.
A working understanding of the tools, strategies, and systems needed to
access, process, maintain, evaluate, and disseminate information to assist in
business decision-making; and
(5) In marketing and sales, the techniques and
strategies used to foster positive, ongoing relationships with customers while
learning the skills required to maintain an exchange relationship for goods and
services.
(c) Each district shall establish and provide
competencies and curriculum for personal finance literacy that includes the
following content areas:
(1) Earning income, including:
a.
Understanding career paths and potential compensation for career paths;
b.
Wage and salary compensation and employee benefits;
c.
The major types of federal and state income tax and sales tax schemes;
and
d. Changes in economic conditions,
technology, or the labor market that can cause changes in income, career
opportunities, or employment status;
(2) Spending, including:
a.
Budgeting;
b. Consumer decision-making and
the factors that influence spending;
c.
Federal and state consumer protection laws; and
d.
Financial record-keeping, including financial technology options;
(3) Saving, including:
a.
Financial institutions, including the federal and state agencies that
supervise and regulate them and the products and services offered;
b.
Interest rates, bank and investment management fees, inflation, and
their effects on saving;
c.
Retirement and long-term financial goals; and
d.
Investing;
(4) Managing credit, including:
a.
Secured and unsecured loans, credit cards, mortgages, and alternative
financial services, including borrowing costs and repayment plans;
b.
Financing of post-secondary education, including federal and private
student loans, scholarships, grants, work-study programs, and savings;
c.
Credit bureaus, credit scores, credit reports, and the assessment of
creditworthiness; and
d.
Consumer credit protection laws and protections; and
(5) Managing risk, including:
a.
Insurance types, coverage, risk exposure, premiums, and deductibles;
b.
Extended warranties and service contracts on consumer goods;
c.
Safeguarding personal financial data; and
d.
Identity theft and fraud.
(d)
Schools shall adhere to assessment practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.29 English,
Language Arts, and Reading Program.
(a) The
local school board shall ensure a developmentally appropriate English language
arts and reading program in each school, consistent with local
competencies and curriculum pursuant to Ed 306.21 and Ed 306.22.
(b) School districts shall develop competencies
and curriculum that may be aligned to “Common Core Standards for English
Language Arts,” 2010 edition as referenced in Appendix II, and adopted by the
state board, but shall not be required to use these standards pursuant to RSA
193-E:2-1, IV(b).
(c) If the local school board chooses not to use
the standards in (b) above, the local school board shall determine, approve,
and implement alternative academic standards consistent with Ed 306.26(j).
(d) School districts shall adhere to assessment
practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.30 School
Counseling Program.
(a) No
less frequently than biennially, the local school board shall approve a
comprehensive and developmentally appropriate K-12 school counseling program
and implementation plan for each school, consistent with the requirements of
this section.
(b)
The school counseling program shall include a comprehensive sequence of
learning opportunities designed to promote each student’s development of
work-study practices in academic development, career development, and personal
and social development by means of the following components:
(1) A school counseling
core curriculum designed to help students attain the desired work-study
practices and to provide all students with the knowledge, attitudes, and skills
appropriate to their developmental level, including prevention and intervention
activities;
(2) The school counseling core curriculum shall
be delivered throughout the school’s overall curriculum and be systematically
presented by school counselors in collaboration with other professional
educators in classroom and group activities;
(3) Individual student
planning that is coordinated and systematic including activities designed to
assist students in establishing personal goals, developing future plans, and
attaining college and career-ready, work-study practices;
(4) Responsive services
to meet students’ immediate needs and concerns and counselor teaming in crisis
response;
(5) School counseling
program management including data-driven decision-making reflective of the
student’s needs;
(6) Consultation and
collaboration with parents, teachers, other educators, and community
organizations; and
(7) Policies and procedures for the referral of
students for additional assistance.
(c) The
superintendent or their designee shall submit a summary report of student
performance in achievement, attendance, and behavior to the local school board
at least once a year.
(d)
The staff requirements for a school’s counseling program shall be as set forth
in Ed 306.12(c).
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.31 Health and
Wellness Education Program.
(a) The local school board shall ensure a
developmentally appropriate health and wellness education program for each
school consistent with local competencies and curriculum pursuant to Ed 306.21
and Ed 306.22.
(b) Each
school’s health and wellness education program shall have competencies and
curriculum aligned to “Health Education Curriculum Guidelines," 2003
edition, as referenced in Appendix II.
(c) School districts shall adhere to assessment
practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.32 Physical Education Program.
(a) The local school board shall ensure a
developmentally appropriate physical education program at each school
consistent with local competencies and curriculum pursuant to Ed 306.21 and Ed
306.22.
(b) Each
school’s physical education program shall have competencies and curriculum
aligned to “K-12 Physical Education Curriculum Guideline,” 2005 edition, as
referenced in Appendix II.
(c) School
districts shall adhere to assessment practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.33 Digital Literacy
Program.
(a) The
local school board shall ensure a developmentally appropriate and integrated
approach to the use of digital tools within all curriculum content areas
through the adoption of a digital literacy program that provides opportunities
for students to use diverse technology tools and media to:
(1) Build new knowledge
by inquiring, thinking critically, identifying, and solving problems;
(2) Communicate clearly
and creatively;
(3) Work effectively
with others in ways that are safe, legal, and ethical; and
(4) Locate and
critically assess digital content to construct knowledge, produce creative
artifacts, and make meaningful learning experiences for themselves and others.
(b) The
local school board shall provide digital literacy learning opportunities
required for graduation, as outlined in Table 306-1 or Table 306-2, as
applicable.
(c) The digital literacy credit requirement may
be earned through the creation of a digital portfolio which shall demonstrate
the items enumerated in (a) above and incorporate the use of common technology
tools and resources.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.34 Mathematics
Program.
(a) The
local school board shall ensure a developmentally appropriate mathematics
program at each school consistent with local competencies and curriculum
pursuant to Ed 306.21 and Ed 306.22.
(b) School districts shall develop competencies
and curriculum which may be aligned with “Common Core Standards for
Mathematics,” 2010 edition as referenced in Appendix II, and adopted by the
state board, but shall not be required to use these standards pursuant to RSA
193-E:2-a, IV(b).
(c) If the
local school board chooses not to use the standards in (b) above, the local
school board shall determine, approve, and implement alternative academic
standards consistent with Ed 306.26(j).
(d) School districts shall adhere to assessment
practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.35 Computer Science
Program.
(a) The
local school board shall ensure a developmentally appropriate computer science
education program at each school consistent with local competencies and
curriculum pursuant to Ed 306.21 and Ed 306.22.
(b) Each school’s computer science program shall
have competencies and curriculum aligned to “New Hampshire Computer Science
Standards,” 2018 edition, as referenced in Appendix II.
(c) School districts shall adhere to assessment
practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.36 Science
Education Program.
(a) The
local school board shall ensure a developmentally appropriate science
education program for each school consistent with local competencies and curriculum pursuant to
Ed 306.21 and Ed 306.22.
(b) Each school’s science program shall have
competencies and curriculum aligned with “Next Generation Science Standards,”
2017 edition, as referenced in Appendix II.
(c) School districts shall adhere to assessment
practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.37 Social Studies
Program.
(a) The
local school board shall ensure a developmentally appropriate social studies
program for each school consistent with local competencies and curriculum
pursuant to Ed 306.21 and Ed 306.22.
(b) Each school’s social studies program shall
have competencies and curriculum aligned with “K-12 Social Studies Curriculum
Framework,” 2006 edition, as referenced in Appendix II.
(c) The
local school board shall provide a Holocaust and genocide curriculum in each
school grade, to begin no later than 8th grade, which shall include:
(1) Integrated,
developmentally appropriate instruction in Holocaust and genocide education as
described in RSA 193-E:3-a, II-a. through II-c. including:
a. An understanding of
the terms "genocide" and "Holocaust",
as defined by RSA 193-E:3-a, II-a. and II-b.;
b. An understanding of:
1. The difference between
events that constitute genocide and other types of mass atrocities including,
but not limited to, crimes against humanity, war crimes, and ethnic cleansing;
2. Genocides recognized
by the determinations of lawfully constituted courts including, but not limited
to, the International Criminal Tribunal for Rwanda (ICTR), the International
Criminal Tribunal for the former Yugoslavia (ICTY), and the International Court of
Justice (ICJ);
3. Instances of
mass atrocities where application of the term genocide is contested including,
but not limited to, Dekulakization, the Ukrainian terror-famine, the Great
Terror, Khmer Rouge atrocities other than those directed at Cham Muslims and
the ethnic Vietnamese minority, and the Native American experience during
colonization;
4. Ongoing events
that may constitute crimes against humanity, war crimes, ethnic cleansing,
or genocide; and
5. Instances where the
US government has made public statements that genocide has
occurred, including, but not limited to, Armenia, Bosnia,
Rwanda, Iraq, Darfur, ISIS-controlled areas, and the Uyghurs;
c. Historical facts
about the causes and events of the Holocaust and other genocides; and
d. How and why
political repression, intolerance, bigotry, antisemitism, and national, ethnic,
racial, or religious hatred and discrimination have, in the past, evolved into
genocide and mass violence;
(2) Opportunities for
students to develop a knowledge and understanding of the impact of political
repression, intolerance, and bigotry through developmentally
appropriate activities that include concrete experiences and interactions with,
but not limited to, primary documents, witness testimony, historical documents,
and mixed media; and
(3) Instruction and
activities designed to enable students to:
a. Analyze and
understand that democratic institutions and values are not automatically
sustained, but need active civic responsibility and engagement;
b. Identify and
evaluate how political repression, intolerance, bigotry, antisemitism, and
national, ethnic, racial, or religious hatred and discrimination can evolve
into genocide and mass violence, such as the Holocaust, and how to prevent the
evolution of such practices; and
c. Identify and
evaluate the power of individual choices in preventing political repression,
intolerance, bigotry, antisemitism, and national, ethnic, racial, or religious
hatred.
(d) Each
district shall incorporate instruction in Holocaust and genocide education into
at least one existing social studies, world history, global studies, or US
history course required as a condition of high school graduation for all students.
(e) School districts shall adhere to assessment
practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.38 Technology and
Engineering Education Program.
(a) The local school board shall ensure a
developmentally appropriate technology and engineering education program in
each middle school consistent with local competencies and curriculum
pursuant to Ed 306.21.
(b) The local school board shall ensure a
developmentally appropriate technology and engineering education program for
each high school consistent with local competencies and curriculum pursuant to
Ed 306.22.
(c) Each district
shall establish and provide a comprehensive, sequentially designed technology
and engineering education curriculum consistent with RSA 193-E:1 which includes
opportunities for students to demonstrate and achieve competencies in content
areas the district chooses to offer as follows:
(1) In general
engineering technology:
a.
Effectively apply good work practices and communication skills necessary
to a traditional engineering work environment;
b.
Understand different engineering disciplines, their applications, and
the professional and educational requirements necessary for their pursuit;
c.
Apply observational and analytical skills to the engineering design
process;
d.
Understand the application or design for industry with understanding of
how it is used in manufacturing solutions; and
e.
Demonstrate the practical application of design elements, principles,
and technology in the development of engineered solutions;
(2) In biotechnology:
a.
Apply ethical standards and practices throughout the scientific process;
b.
Identify and explain core biology concepts;
c.
Effectively demonstrate proper laboratory practices;
d.
Identify and explain core molecular biology concepts including the
Central Dogma;
e.
Use proper methodology while utilizing biochemical techniques based on
current industry standards; and
f.
Apply observational and analytical skills while employing chemical
principles and using current analytical techniques;
(3) In manufacturing
technology:
a. The principles and practices
specific to workplace manufacturing processes to continuously improve and meet
the needs of a manufacturing organization and its customers;
b. The methodologies used to interpret, create,
and prototype by using blueprints, drawings, and new technologies including but
not limited to 3D printing, laser cutting, solid modeling, and augmented
reality and virtual reality (AR/VR);
c.
Identify automation resources such as smart manufacturing, robotics,
automation, and pneumatics and hydraulic systems found within the industry and
their impact to manufacturing;
d.
The tools and techniques associated with the quality control, processes,
and standards associated with the manufacturing industry;
e.
The methodologies and practices associated with pre-programmed software
within industry, and apply those processes in a manufacturing environment; and
f.
Lean philosophies to positively impact the manufacturing process and
environment;
(4) In information
technology:
a. Create meaningful
and efficient programs including choosing which information to use and how to
process and store it, breaking apart large problems into smaller ones,
recombining existing solutions, and analyzing different solutions;
b. Apply networking
concepts using various models to implement protocols and standards when moving
data;
c. Design systems with
working switching and routing packets to ensure data flows to the correct
destination and data traffic flows through the internet effectively;
d. Synthesize concepts,
practices, and processes of data collection, resource management, and
techniques to different types of data to discover useful information that can
communicate storytelling and to inform decision-making; and
e.
Detect, prevent, and mitigate threats to secure a computing system or
network in an ethical manner and in accordance with international, federal,
state, and local cyber laws and regulations; and
(5) In drafting and
design technology:
a. Demonstrate and
apply the principles and practices specific to creating and setting up proper
technical drawings;
b. Demonstrate and
apply the tools and techniques associate with the use of computer-aided design
and drafting (CADD) software to create technical drawings and prototypes; and
c. Demonstrate and
apply the tools and techniques used to create protypes and working models and
presentations through use of computer software, in-person presentation, digital
presentations, and new technologies including but not limited to 3D printing,
laser cutting, and solid modeling.
(d) School
districts shall adhere to assessment practices consistent with Ed 306.19.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
Ed 306.39 World Languages Program.
(a) Pursuant to Ed 306.21,
the local school board may provide instruction in one or more world languages
in an elementary school. The extent of this instruction and the students to
whom it is offered shall be determined by local school board policy, pursuant
to Ed 306.04(b)(21)f.
(b) Pursuant to Ed 306.21,
the local school board may provide instruction in one or more world languages
in a middle school, pursuant to Ed 306.04(b)(21)f.
(c) The local school board shall ensure a world
language program in each high school consistent with local competencies and
curriculum pursuant to Ed 306.22.
(d) Each high school’s world language program
shall have competencies and curriculum aligned to “New Hampshire Guidelines for World-Ready Language Learning,” 2018
edition, as referenced in Appendix II.
(e) School
districts shall adhere to assessment practices consistent with Ed 306.19.
(f) American
Sign Language (ASL) shall qualify as a world language for purposes of this
section and Ed 306.22.
Source. (See Revision Notes #1, #2, #3, and #4 at
part heading for Ed 306) #14151, eff 12-13-24
PART
Ed 307 MANIFEST EDUCATIONAL HARDSHIP
Ed 307.01 Change of School Assignment.
(a) “Approved as a school tuition program” means
“approved as a school tuition program,” as defined in RSA 193:3,
VII. The term also includes “approved private
school.”
(b) Any
person having custody of a child may apply to the school board of residence to
change the child’s school assignment if the person having custody thinks that
the child’s attendance at the assigned school will result in a manifest educational
hardship to the child.
(c) A
person having custody of said child may apply for a change of school assignment
to:
(1) Attend
another public school, public academy, or an approved private school in the
same district; or
(2) Attend
a public school, public academy, or an approved private school in another
district.
(d) To
establish a manifest educational hardship, as set forth in (g)(1)-(3), the
person having custody shall demonstrate that attendance at the assigned school
will have a detrimental effect on the child’s education. The person
having custody may also demonstrate that another public school, public academy,
or approved private school, either within the district or in another district,
can reasonably meet the child’s educational needs.
(e) Each
school board shall establish a written policy, which authorizes the school
board to act, with the recommendation of the superintendent, on an application
to change a child’s school assignment to another public school, public academy,
or an approved private school within the district or to request a change of
assignment to a public school, public academy, or an approved private school in
another district when a manifest educational hardship has been demonstrated.
(f) Upon
receipt of a request from a person having custody for a change of a child’s
school assignment based on a claim of a manifest educational hardship, the
school board shall order a hearing, pursuant to their local rules, within 30
days.
(g) The
local school board shall issue a finding of manifest educational hardship if it
determines that there is clear and convincing evidence that:
(1) A
compelling amount of a child’s academic, physical, personal, or
social needs cannot be met by the assigned school or are not found within the
student body of the assigned school;
(2) The
attendance at the assigned school will impair the educational
progress of the child; and
(3) Another
public school, public academy, or an approved private school
either within the district or in another district, can reasonably meet the
child’s educational needs.
(h) If
a school board determines that manifest educational hardship has been found,
the school board shall issue a waiver of the school assignment and the child
shall be reassigned to a public school, public academy, or an approved private
school in the district or in another district, which can reasonably meet the
child’s educational needs.
(i) If
a person having custody is aggrieved by the decision of the school board, he or
she may appeal to the state board in accordance with the provisions of Ed 200.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4851, eff 6-25-90; rpld by #5546, eff 7-1-93; rsvd by #6366, eff
10-30-96; ss by #13718, eff 8-11-23
PART Ed 308 -
RESERVED
Source. #2055, eff 6-16-82; amd by #2480, eff
9-19-83; ss by #2714, eff 5-16-84; ss by #4253, eff 4-8-87; amd by #4471, eff
8-12-88; amd by #4883, eff 7-27-90; rpld by 5546, eff 7-1-93; rsvd by #6366,
eff 10-30-96
PART Ed 309 -
RESERVED
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4851, eff 6-25-90, EXPIRED 6-25-96
New. Rsvd by #6366, eff 10-30-96
PART
Ed 310 DEVELOPMENTALLY APPROPRIATE DAILY PHYSICAL ACTIVITY PROGRAM
Ed
310.01 Purpose. The purpose of this rule is to
offer a model physical activity policy to school boards which promotes
increased physical activity for all students K-12.
Source. #8317, eff 4-5-05; ss by #10361-B, eff
6-15-13; ss by #13654, eff 6-9-23
Ed
310.02 Definitions. Except where the context makes
another meaning clear, the following words have the meaning indicated when used
in Ed 310:
(a) “Chronic
inactivity” means an ongoing sedentary lifestyle;
(b) “Developmentally
appropriate daily physical activity” means physical activity that is suitable
for the cognitive age and individual characteristics of students;
(c) “Exercise”
means bodily exertion to develop or maintain physical fitness in the form of
strength, flexibility, and aerobic capacity;
(d) “Health
risks” means factors that increase a person’s chance of suffering illness,
injury, or premature death; and
(e) “Other
related health problems” means:
(1) Physical illnesses;
(2) Psychological illnesses; and
(3) Injuries.
Source. #8317, eff 4-5-05; ss by #10361-B, eff
6-15-13; ss by #13654, eff 6-9-23
Ed
310.03 Developmentally Appropriate Daily Physical Activity Policy.
(a) Each
local school board shall adopt a written policy relative to developmentally
appropriate physical activities and exercise.
(b) Each local school board shall:
(1)
Recommend that all the public schools in the school district implement the
policy; and
(2) Ensure the policy is communicated to
students, staff, and parents.
(c) The
policy shall recommend that all students in elementary school through high
school participate in developmentally appropriate physical activity and
exercise for a minimum of 30 to 60 minutes each day as a way
to minimize the health risks created by chronic inactivity and other
related health problems.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4851, eff 6-25-90, EXPIRED 6-25-96
New. RSVD by #6366, eff 10-30-96
New. #8317, eff 4-5-05; ss by #10361-B, eff
6-15-13; ss by #13654, eff 6-9-23
Ed
310.04 Components of Developmentally Appropriate Daily Physical
Activity Policy.
(a) The
developmentally appropriate daily physical activity policy adopted by each
local school board shall include at a minimum the following recommended
practices:
(1) Encourage
parents and guardians to support their children’s participation in enjoyable
physical activities, and recognize that parents and guardians act as role
models for active lifestyles;
(2) Support
special programs such as:
a. Student and staff walking programs;
b. Family fitness events;
and
c. Events that emphasize lifelong
physical activity;
(3) Encourage
the integration of health and physical activity across the
school curriculum;
(4) Encourage
student-initiated activities that promote inclusive physical activity on a
school-wide basis;
(5) Support committing adequate resources that
include:
a. Program funding;
b. Personnel;
c. Safe equipment;
and
d. Facilities;
(6) Encourage
professional development opportunities for all school staff that shall:
a. Assist them to effectively
promote enjoyable and lifelong physical activity among youth; and
b. Assist them in recognizing their influence as
role models for active lifestyles;
(7) Establish
relationships with community recreation and youth sports programs and agencies
to coordinate and complement physical activity programs;
(8) Encourage
physical activity recess periods; and
(9) Support
a tracking and evaluation method to ensure that all students are engaging in
developmentally appropriate daily physical activity.
(b) The
developmentally appropriate daily physical activity policy in (a) above shall
be in addition to, and shall not be a replacement for, the physical education
program requirement in Ed 306.
Source. #8317, eff 4-5-05; ss by #10361-B, eff
6-15-13; ss by #13654, eff 6-9-23
PART Ed 311 SCHOOL HEALTH SERVICES
Ed
311.01 School Immunization Program.
(a) A
parent or legal guardian shall have a child immunized against certain diseases
as determined in He-P 301.14.
(b) A
child shall be exempt from immunization in accordance with RSA 141-C:20-c.
(c) Pursuant
to RSA 141-C:20-d, a child who is exempt from immunization in accordance with
(b) above shall not attend school during an outbreak of a communicable disease
for which immunization is required under RSA 141-C:20-a.
(d) If
a child is not immunized as in (a) above, does not have a religious or medical
exemption, or is unable to provide evidence of acceptable immunization for
conditional enrollment as defined in He-P 301.01(k), the child shall not be
admitted to school, unless the child is unable to provide required records of
immunization or health records because the child is experiencing homelessness.
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;
ss by #14197, eff 2-21-25
Ed
311.02 Medication During School Day.
(a) For
the purpose of this rule, “school day” means any time during the day,
afternoon, or evening when a child is attending school or other school related
activity.
(b) Any
student, who is required during the school day to take a medication prescribed
by a licensed physician, advanced registered nurse practitioner, licensed
physician's assistant, or dentist, shall have a school nurse either assist the
student to take the medication or administer the medication.
(c) This
duty may also be undertaken by a registered nurse (RN) or licensed practical
nurse (LPN), under the direction of the school nurse.
(d) The
school nurse shall only delegate the administration of medications, if
appropriate, to others pursuant to RSA 326-B and Nur 404.
(e) Asthma
inhalers and epinephrine auto injectors may be possessed by a student and
self-administered in accordance with RSA 200:42 through RSA 200:47.
(f) If
the school nurse is not available, the building principal or designee may
assist students in taking required medications by:
(1) Making
such medications available to the student as needed;
(2) Observing
as the student takes or does not take the required medication; and
(3) Recording
whether the student did or did not take the required medication.
(g) In
addition to the procedures outlined in (h)-(p) below, each local school board,
with the advice of the school nurse(s) and school physician if
available, shall establish specific policies and procedures to give
protection and controls to the matter of medications in schools.
(h) In
order for prescription medications to be given during the school day, the
school nurse shall ensure that:
(1) A written statement from the licensed
prescriber containing the following information be in the student's health
record:
a. The
student's name;
b. The
name and signature of the licensed prescriber and contact numbers;
c. The
name, route, and dosage of medication;
d. The
frequency and time of medication administration or assistance;
e. The
date of the order; and
f. A
diagnosis, if not a violation of confidentiality;
(2)
There is written authorization by the parent or guardian which contains:
a. The
parent or guardian's printed name and signature;
b. A list of all medications the student is
currently receiving, if not a violation of confidentiality or contrary to the
request of the parent, guardian, or student that such medication be
documented; and
c. Approval
to have:
1. The school nurse or designee, pursuant to (d)
above, administer the medication;
2. The principal or designee, pursuant to (f)
above, assist the student with taking the medication; or
3. The student to possess and self-administer
the medication; and
(3)
The authorization or other accessible documentation contains:
a. The parent or
guardian's home and emergency phone number(s); and
b. The
names of persons to be notified in case of a medication emergency in addition
to the parent or guardian and licensed prescriber.
(i) The
school nurse shall develop a system of documenting and communicating
significant observations relating to prescriptions, medication's adverse
reactions, and other harmful effects, to the child's parent or guardian or
licensed prescriber.
(j) The
school nurse shall develop and implement procedures regarding receipt and safe
storage of prescription medications.
(k) All
medication to be administered by school personnel shall be delivered to the
school nurse or other responsible person designated by the school nurse by a
parent or guardian, and the receipt of medication processed as follows:
(1) The
prescription medication shall be in a pharmacy or manufacturer labeled
container; and
(2) The
school nurse or other responsible person receiving the prescription medication
shall document the quantity of the prescription medication delivered.
(l) The
medication may be delivered by other adult(s), provided that the nurse is
notified in advance by the parent or guardian of the delivery, and the quantity
of prescription medication being delivered to school is specified.
(m) All
medications shall be stored in their original pharmacy or manufacturer labeled
containers and in such manner as to render them safe and prevent loss of
efficacy. A single dose of medication may be transferred from this
container to a newly labeled container for the purposes of field trips or
school sponsored activities.
(n) All
medication to be administered by the school nurse shall be stored in a cabinet
which is kept securely locked except when opened to obtain medications.
Medications requiring refrigeration shall be stored in a locked box in a refrigerator
maintained at temperatures of 38 degrees to 42 degrees. Emergency
medications may be secured in other locations readily accessible only to those
with authorization.
(o) No
more than a 30-school day supply of the prescription for a student shall be
stored at the school.
(p) Non-prescription
medication shall be given only:
(1) With
the written authorization of the parent or guardian; and
(2) If in accordance with school policy.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4851, eff 6-25-90; EXPIRED 6-25-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #9158, eff 5-16-08;
ss by #10649, eff 7-26-14; ss by #14197, eff 2-21-25
Ed
311.03 Physical Examination of
Students.
(a) A child shall have a complete physical
examination prior to or upon school enrollment, pursuant to RSA 200:32.
(b) In order for the physical examination to be
accepted for school enrollment, the child’s parents or guardian shall provide
documentation that shows:
(1) The
examination has been performed within the past year; or
(2) If an examination has not been performed
within the past year, the school shall accept documentation of an appointment
for a physical examination with a licensed physician, advanced registered nurse
practitioner, or physician's assistant within a time determined by the school
district for conditional enrollment.
(c) School districts shall determine thereafter
the frequency of required physical examinations, documentation of exams, or
both.
Source. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10649, eff 7-26-14;
ss by #14197, eff 2-21-25
PART Ed 312 STATEWIDE EDUCATIONAL IMPROVEMENT AND
ASSESSMENT PROGRAM - EXPIRED
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #3064, eff 7-19-85; EXPIRED 6-25-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05 (See Ed 306.24)
PART Ed 313 -
RESERVED
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4851, eff 6-25-90; EXPIRED 6-25-96
New. Rsvd by #6366, eff 10-30-96
PART Ed 314 -
RESERVED
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4851, eff 6-25-90; EXPIRED 6-25-96
New. Rsvd by #6366, eff 10-30-96
PART Ed 315 HOME EDUCATION
Statutory
Authority: RSA 193:1, RSA 193-A, RSA
21-N
Revision Note:
Document #5192, effective 7-24-91,
made extensive changes to the wording and format of Part Ed 315. Document #5192 supersedes all prior filings
for the sections in this part. The
filings prior to Document #5192 for former Part Ed 315 include the following
documents:
#2055, eff 6-16-82
#2625, eff 3-8-84
#2714, eff 5-16-84; EXPIRED
5-16-90
#4851, eff 6-25-90
#5192, eff 7-24-91
Please note that the rules in Part Ed
315 were out of effect between 5-16-90 and 6-25-90.
Ed
315.01 Statement of Purpose. The purpose of Ed 315
is to provide a process for uniform application of the requirements of RSA 193-A. These rules take into account the fact
that home education is an alternative to attendance at a public or nonpublic
school and is an individualized form of instruction in accordance with chapter
279:2, laws of 1990.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; amd by #5596, eff 3-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23
Ed 315.02 Definitions. In addition to the
words defined in RSA 193-A:1, the following words shall have the meanings
indicated when used in Ed 315:
(a) “Certificate of completion” means a document
signed by the parent of a home educated child certifying that the child has
achieved the equivalent of a high school diploma by completing a home education
program;
(b) “Commissioner”
means the commissioner of the New Hampshire department of education;
(c) “Department”
means the New Hampshire department of education;
(d) “Educational
progress” means growth in learning commensurate with age, ability, or
disability within the child’s individual home education program chosen by the
parent;
(e) “Home education” means instruction in
science, mathematics, language, government, history, health, reading, writing,
spelling, the history of the constitutions of New Hampshire and the United
States, and an exposure to and appreciation of art and music as provided,
coordinated, or directed by a parent for his or her own child.
(f) “Participating
agency” means the resident district superintendent, the commissioner, or a
participating nonpublic school principal;
(g) “Teacher”
means a person who holds a teaching credential issued by the New Hampshire
state board of education, is licensed in a state which is a party to the
interstate contract or is currently teaching in a nonpublic school.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23
Ed
315.03 Eligibility and
Program Schedule.
(a) A
parent shall be eligible under these
rules to establish a home education program for a child, including those defined under RSA 186-C:2, I, and I-a.
(b) Pursuant
to RSA 193:1, I(b), home education shall be an alternative to compulsory
attendance at a public school. Dates and hours of instruction shall not be
required to coincide with the resident district calendar. The
academic term of a home education program shall not be required to coincide
with the resident district academic year.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #9723, eff 6-11-10;
ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21;
ss by #13745, eff 9-15-23
Ed
315.04 Participating
Agencies: Duties and Authority.
(a) A
parent shall select, as a participating agency for home education program
notification and support, one of the following:
(1) The
commissioner;
(2) The
resident district superintendent; or
(3) The
head of a nonpublic school.
(b) A parent may select a new participating
agency at any time. If a parent selects a new participating agency,
the parent shall notify the new participating agency in accordance with Ed
315.05 and Ed 315.06.
(c) Pursuant to RSA 193-A:4, II, the selected participating agency shall work
with parents upon request in meeting the requirements of RSA 193-A:4, I.
(d) A participating
nonpublic school shall agree to administer the provisions of RSA 193-A and Ed
315, shall not be required to be in the resident district, and may require a
fee for any request for assistance by the parent.
(e) No
fee shall be required when a test utilized in the resident district is
administered to the student by the resident district.
(f) A
resident district acting as the
participating agency may charge fees for any mutually agreed upon alternative
used to satisfy the requirements of RSA 193-A or Ed 315, including, but not
limited to, portfolio review.
(g) Pursuant
to RSA 193-A:11, the commissioner or resident district acting as the
participating agency shall not propose,
adopt, or enforce any policy or procedure governing home educated pupils that
is inconsistent with or more restrictive than the provisions of RSA 193-A, RSA
193:1-c, or the rules of Ed 315.
(h) On
October 1 of each year, the participating agency shall notify the commissioner
of the number of children for whom programs were established since the previous
report.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #9723, eff 6-11-10;
ss by #9723, eff 6-11-10; ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23
Ed 315.05 Notification Requirements.
(a) A
parent shall provide notification of a home education program pursuant to RSA
193-A:5 to comply with the compulsory attendance requirements of RSA 193:1.
(b) The parent of a student currently enrolled in a public school shall
advise the resident district superintendent of the child’s withdrawal from
attendance in public school on or before the date the home education program
shall begin.
(c) A
parent shall notify the selected
participating agency in writing within 5 business days of commencing a home
education program. Only the information enumerated in RSA 193-A:5, II shall be
required in the notice. The parent shall provide contact information
and update the notification information as necessary.
(d) Any parent who previously notified the
resident district superintendent of a home education program who moves from
said district shall notify the original resident district superintendent that
the child has moved from the district and shall provide notification pursuant
to (c) above.
(e) Within
14 days of receipt of the
notification, a participating agency shall acknowledge receipt of the
notification in accordance with the contact information provided by the parent,
along with a request for any information required by RSA 193-A:5, II that was
not included in the original notice.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #5596, eff 3-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #9723, eff 6-11-10;
ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21
(formerly Ed 315.04); ss by #13745, eff 9-15-23
Ed
315.06 Notification – Termination of a Home Education Program.
A home education program shall remain in effect unless terminated in writing by
the parent. A parent wishing to terminate a home education program shall
notify the participating agency in
writing within 15 days of termination while also satisfying any one of the
alternatives for compulsory attendance listed in RSA 193:1.
Source. #5596, eff 3-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21; ss by #13745, eff 9-15-23
Ed
315.07 Records.
(a) In
accordance with RSA 193-A:6, the parent
shall keep a portfolio each year the child is being home educated.
(b) The
portfolio shall be the property of the parent. Access to the portfolio shall be
at the parent’s discretion, except as provided in RSA 193-A:6.
Source. #5596, eff 3-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21 (formerly Ed 315.06); ss
by #13745, eff 9-15-23
Ed
315.08 Annual
Evaluation.
(a) The
parent shall provide for an annual
evaluation for a child that meets the requirements of the options enumerated in
RSA 193-A:6, II.
(b) The
resident district superintendent, when acting as the participating agency,
shall provide evaluation services, upon request of
the parent. If the resident district superintendent is not acting as the
participating agency, the resident district superintendent may provide
evaluation services.
(c) A
parent intending to use the state or local assessment provided by the resident
district shall notify the resident district superintendent in
writing as soon as practicable to provide the district adequate time to prepare
and obtain the testing materials.
(d) If
a parent chooses to have a portfolio review as the method of evaluation
pursuant to RSA 193-A:6, II(a), the parent may choose a
teacher who agrees to perform evaluation services, or the parent may request
the evaluation to be performed through the resident district superintendent
when the resident district superintendent is acting as the participating
agency.
(e) The
contents of the portfolio shall comply with the requirements of RSA 193-A:6, I
and include the following:
(1) The
name and address of the teacher, including state recognized documentation of
certification, or the name and address of the nonpublic school in which the
teacher is currently teaching;
(2) The
date(s) on which the evaluation(s) took place;
(3) A
description of the work reviewed;
(4) A
summary of the child’s educational progress in the home education program
concluding with a statement that the child has or has not made educational
progress; and
(5) The
signatures of the teacher and the parent.
(f) The
parent may choose any other valid
measurement tool mutually agreed upon by the parent and the participating
agency as provided for in RSA 193-A:6, II(d), including but not limited to:
(1) Interview;
(2) Educational
progress in a particular curriculum as measured by the parent;
(3) Educational
progress in a particular curriculum as measured by the provider;
(4) Review
of the child’s portfolio by a participating agency;
(5) Evaluation
by a teacher in a program recognized by any state department of education; or
(6) Specially
prepared tests or evaluations measuring educational progress in a particular
subject or curriculum.
Source. #5596, eff 3-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14; ss by #13158, eff 1-15-21 (formerly Ed 315.07); ss
by #13745, eff 9-15-23
Ed 315.09 The Home Education Advisory Council.
(a) The
home education advisory council shall carry out those duties assigned to it by
the commissioner. The council shall work
with home educators and representatives of private and public education to
encourage an understanding of home education.
(b) The home education advisory council shall comply with RSA 91-A. Minutes of
home education advisory council meetings shall be maintained by the department.
(c) Assigned
areas of
responsibility for the council shall include the following:
(1) Developing
and maintaining effective communications between home educators and those
public and nonpublic schools and state and local agencies involved in home
education;
(2) Recommending
to the commissioner and state board of education desired changes in rules
pertaining to home
education;
(3) Establishing a
grievance committee to hear grievances referred to it by the commissioner; and
(4) Providing
an annual report to the state
board on its activities.
Source. #5596, eff 3-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14; ss by #10557, eff 3-27-14 (from Ed 315.11); ss by
#13158, eff 1-15-21 (formerly Ed 315.08); ss by #13745, eff 9-15-23
Ed
315.10 Membership Selection For the Home Education Advisory
Council and Term of Appointment.
(a) Membership
selection for the home education advisory council shall be as specified in RSA
193-A:10, I. Council chair selection shall be as specified in RSA 193-A:10,
III.
(b) Members
appointed by the commissioner shall have a term of 3 years, and such terms
shall end on August 31 of the year in which the term is completed. Legislative
members shall serve a term which is coterminous with their elected office and
will be non-voting members of the council.
(c) The
conduct of business shall not depend
on the maintenance of full council membership.
(d) In
the event of vacancies, replacement members shall be appointed as required
under RSA 193-A:10 to fill the unexpired term.
Source. (See Revision
Note at part heading for Ed 315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8262, eff
1-22-05; ss by #10129, eff 5-18-12 (from Ed 315.12); ss by #10557, eff 3-27-14
(from Ed 315.12); ss by #13158, eff 1-15-21 (formerly Ed 315.09); ss by #13745,
eff 9-15-23
Ed
315.11 Funding and Support of Council Activities. The
members of the home education advisory council shall serve without compensation. Subject to available funds, the department shall
financially support the activities of the council, including but not limited to
such expenses as mileage, secretarial assistance, and meeting facilities.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14 (from Ed 315.13); ss by #13158, eff 1-15-21 (formerly
Ed 315.10); ss by #13745, eff 9-15-23 (formerly Ed 315.12)
Ed 315.12 Grievance
Committee.
(a) The grievance committee
shall be a subcommittee of the home education advisory council appointed by the
chairperson, consisting of no more than 5 members, a majority of whom shall be
representatives of home education associations. One member of the grievance committee shall
be appointed by the chairperson to preside at grievance conferences.
(b) The grievance committee shall hear all grievances
referred to it by the commissioner.
(c) The grievance committee
shall call upon consultants and conduct interviews for the purpose of gathering
relevant facts if the
committee lacks relevant expertise. The grievance committee shall keep a
written account of its investigations and shall submit such an account,
together with its findings, to the commissioner within 30 calendar days of the
commissioner’s referral.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #9723, eff 6-11-10;
ss by #10129, eff 5-18-12; ss by #10557, eff 3-27-14 (from Ed 315.14); ss by #13158, eff 1-15-21 (formerly Ed 315.11); ss
by #13745, eff 9-15-23 (formerly Ed 315.13)
(a) Such request shall be in writing to the commissioner;
(b) The request shall state in detail the reasons for the
request for a grievance conference and name the parties involved;
(c) The commissioner shall
notify the requestor within 5 business days in writing that the commissioner
has scheduled a grievance
conference in accordance with Ed 314.14 or that the
commissioner requires additional
information to clarify the issues;
(d) The requestor shall have 10 calendar days from receipt
of the commissioner’s request for additional information to respond with the
requested information; and
(e) The commissioner shall,
upon receipt of the requested information, forward the request to the
chairperson of the home education advisory council who shall schedule a
grievance conference in accordance with Ed 314.15(b).
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14 (from Ed 315.15); ss by #13158, eff 1-15-21 (formerly
Ed 315.12); ss by #13745, eff 9-15-23 (formerly Ed 315.14)
Ed
315.14 Grievance
Conference.
(a) Upon
receipt of a request concerning an action taken under these rules, the
commissioner shall notify the chairperson of the home education advisory
council of the request for a grievance conference, and the grievance conference
shall then proceed in accordance with this section.
(b) Within
5 business days of the commissioner’s notification of a request for a grievance
conference, the chairperson shall schedule the conference with the parties to
the grievance.
(c) At
the conference, each party shall be prepared
to consider:
(1) The
simplification of the issues and an
agreement of facts;
(2) Possibility
of settlement; and
(3) Such
other matters as may aid in disposition of the action.
(d) Parties
to a grievance may be
represented at the conference by counsel.
(e) At
the grievance conference the grievance committee shall interview the parties to
the grievance to reach a proposed settlement on the facts of
the grievance.
(f) The
grievance committee shall present its
findings on unresolved grievances or report on the proposed settlement reached
by the parties to the commissioner within 10 calendar days of the conference.
(g) Any
settlement reached at a grievance
conference shall be subject to review by the commissioner and shall not be
implemented unless it is consistent with these rules and with applicable
statutes.
(h) The
findings shall list the pertinent
facts found by the committee.
(i) If
the parties do not reach a settlement prior to, or during, the grievance
conference, the commissioner after reviewing the unresolved grievances shall
notify the parties of the commissioner’s decision within 10 calendar days of
receipt of the committee’s findings.
(j) A
party aggrieved by the decision of the commissioner may appeal by requesting an
administrative due process hearing in accordance with Ed 200.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14 (from Ed 315.16); ss by #13158, eff 1-15-21 (formerly
Ed 315.13); ss by #13745, eff 9-15-23 (formerly Ed 315.15)
Ed
315.15 Certificate of Completion.
(a) Pursuant
to RSA 193:1, I(f)(2), when the parent of a child under the age of 18 submits a
document to the department certifying that the child has completed the home
education program at the high school level, the student shall be determined to
have met the requirements for successful completion of a home education
program.
(b) The
document containing the statement above shall also include the following
information:
(1) Name
and address of the child;
(2) Name
and address of the parents;
(3) Date
of completion of the home school program;
(4) A
phone number at which the parent can be
reached during normal business hours; and
(5) Signature
of the parent.
(c) A
document that meets all the requirements of (a) and (b) above shall be
conclusive evidence of completion of the parent’s duty of compulsory
attendance, as set forth in RSA 193:1.
(d) Documentation
of receipt shall serve as proof of delivery of such certification.
Source. (See Revision Note at part heading for Ed
315) #5192, eff 7-24-91; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8262, eff 1-22-05; ss by #10129, eff 5-18-12;
ss by #10557, eff 3-27-14 (formerly Ed 315.18); ss by #13158, eff 1-15-21
(formerly Ed 315.14); ss by #13745, eff 9-15-23 (formerly Ed 315.16)
PART Ed 316 PROCEDURE TO MARK DRUG-FREE SCHOOL ZONES
Ed 316.01 Purpose. The purpose of these rules is to establish
procedures whereby drug-free school zone signs are posted.
Source. #5668, eff 7-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10649, eff 7-26-14
Ed 316.02 Definitions.
(a)
"Approved school bus" means a school bus which meets all the
criteria established in RSA 259:96 and complies with the provisions of Saf-C
1301.
(b)
"Drug free school zone" means "drug free school
zone" as defined in RSA 193-B:1, II.
(c)
"Local police authority" means police officers having
jurisdiction over drug enforcement and appointed by the governing body of the
town or city.
(d)
"School administrative Unit (SAU)" means "school
administrative unit" as defined in RSA 186:11, I.
(e)
"School" means "school" as defined in RSA 193-B:1,
III.
(f)
"School property" means "school property" as defined
in RSA 193-B:1, IV.
(g)
"School bus drug-free zone" means the interior of an approved
school bus.
(h)
"Temporary drug-free school zone" means an area which extends
to 1,000 feet surrounding a facility which is not a school as defined in (e)
above but which is used by a school for the duration of the school's
instructional program.
Source. #5668, eff 7-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10649, eff 7-26-14
Ed 316.03 Scope and Application. Each SAU shall, in consultation with local
police authorities, establish the boundaries of each permanent drug-free school
zone in conformity with RSA 193-B:3 and shall post such zone in accordance with
these rules.
Source. #5668, eff 7-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10649, eff 7-26-14
Ed
316.04 Map of Drug-Free School Zone.
(a)
Each SAU, in consultation with local police authorities, shall prepare a
map indicating the boundaries of each permanent drug-free school zone within
the SAU.
(b)
The drug-free school zone shall be measured beginning at the real
property boundary of each school.
(c)
In the absence of a legally definable established boundary or where a
boundary is unclear, the SAU, for the purposes of this rule, shall establish
the real property boundary to be 500 feet from the school building.
(d)
The drug-free school zone shall extend to 1,000 feet from the real
property boundary.
(e)
Each school board within the SAU shall approve a map developed in
accordance with (a) through (d) above for each school within its district.
(f)
Each SAU shall, in accordance with RSA 193-B:3, publish and make
available copies of such map indicating the boundaries of the drug-free school
zone.
(g)
Such maps shall be posted, pursuant to RSA 193-B:3, in a prominent place
in the district or municipal court of jurisdiction, the local police
department, and in each school within the SAU.
Source. #5668, eff 7-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10649, eff 7-26-14
Ed
316.05 Specifications for and Posting
of Signs.
(a)
The department of education shall provide for the manufacture of 3 signs
per school and steel post for each sign used to mark each permanent drug-free
school zone. Each SAU shall be responsible for posting and maintaining 2 signs
per permanent drug-free school zone and one sign to be used to post a temporary
drug-free school zone. If an SAU requires replacement signs, such signs shall
be available from the department of education. If an SAU acquires additional signs,
such signs shall be manufactured and posted in accordance with Ed 316.
(b)
Such signs shall be posted at the main entrance to the school grounds
and at the main entrance to the school building. The local police authority and
the school principal and/or superintendent of the SAU shall determine where the
sign at the main entrance to the school grounds shall be posted and shall post
each sign in accordance with the US Department of Transportation Federal
Highway Administration, Manual on Uniform Traffic Control Devices Part
7-Traffic Controls for School Areas 2009 Edition PDF version dated May 2012 at www.mutcd.fhwa.dot.gov/kno_2009r1r2.htm,
as referenced in Appendix II.
(c)
Each school bus shall have installed in and on an interior surface at
the front of the bus, forward of the passenger seating area, a drug-free school
zone sign. The department of education shall provide for the manufacture of one
sign for each school bus in operation. If an SAU acquires additional busses,
signs shall be provided by the department and posted in accordance with this
rule.
(d)
The school principal or designee shall be responsible for placing one
sign at the temporary drug-free zone location and for assuring that a temporary
drug-free school zone sign shall be affixed, fastened, or attached to the
exterior of the facility being utilized.
If the temporary drug-free zone does not include a building the sign
shall be attached to a temporary post placed at the entrance to the facility. Such sign shall be posted for at least 1/2
hour before, during, and 1/2 hour after the facility is used as a temporary
drug-free school zone. Posting of the drug-free school zone sign at a temporary
school zone shall be subject to permission by the owner if the facility is
privately owned.
Source. #5668, eff 7-19-93; ss by #6366, eff 10-30-96,
EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10649, eff 7-26-14
PART Ed 317 STANDARDS AND PROCEDURES FOR SUSPENSION AND
EXPULSION OF PUPILS INCLUDING PROCEDURES ASSURING DUE PROCESS
Ed 317.01 Purpose.
(a) These rules provide the minimum requirements to
assure due process and statewide uniformity in the enforcement of RSA 193:13
and RSA 193-D, relative to disciplinary action of pupils.
(b) These rules provide a standard that school boards
or chartered public school board of trustees shall use in adopting and
implementing local policy(ies) relative to pupil conduct and disciplinary
procedures.
(c) Any suspension or expulsion of a child with a
disability as defined in Ed 1102.01(t) shall be in accordance with Ed 1124.01.
Source. #6109, eff 10-28-95; ss by #6366, eff
10-30-96; ss by #6820, eff 9-1-98; amd by #7513, eff 7-1-01; ss by #8206,
INTERIM, eff 11-18-04, EXPIRED: 5-17-05
New. #8583, eff 3-15-06; ss by #10361-B, eff
6-15-13; ss by #13854, eff 1-11-24
Ed 317.02 Definitions.
(a) "Expulsion" means the denial of a pupil's
attendance following a suspension at school for any of the reasons listed in
RSA 193:13, I, II, and IV.
(b) "Firearm" means "firearm” as defined
in section 921 of Title 18 of the US Code.
(c) “Dangerous weapons" means weapons under RSA
159.
(d) "Pupil" means a student in attendance at
a school during the school day or during any school sponsored function.
(g) “Safe school zone" means "safe school
zone" as defined in RSA 193-D:1, II.
(h) "School day" means the measurement of time used to
determine the length of a pupil’s suspension and includes all portions of a
school instructional day under Ed 306.18 in addition to extracurricular
activities occurring on or between those days included during a period of
suspension or expulsion.
(i) "Superintendent" means the individual who provides
services as described in RSA 194-C:4, or a representative designated in writing
as authorized under RSA 193:13, I.
(j) "Suspension" means the denial of a
pupil's attendance at school for any of the reasons listed in RSA 193:13, I and
II.
Source. #6109, eff 10-28-95; ss by #6366, eff
10-30-96, EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10361-B, eff
6-15-13; ss by #13854, eff 1-11-24
Ed
317.03 Policies and Procedures for Suspension and Expulsion.
(a) School boards and
chartered public schools shall establish policies on school discipline as
required by RSA 193:13, XI.
(b) Prior to the imposition
of any suspension or expulsion, each school board or board of trustees of a
chartered public school shall adopt a policy under RSA 189:15 which prescribes
the matter that pupils and the parents or guardians of pupils shall receive
written notice of the content of RSA 193:13 and any local district policy
pertaining to pupils. At minimum, the school district or chartered public
school shall make its policy available as outlined in RSA 193:13, XII.
(c) A school board or board
of trustees that expels a pupil under RSA 193:13, II or IV, shall set forth in
writing the act leading to the expulsion and the board’s consideration of each
of the factors for expulsion as set forth in RSA 193:13, III-a, and shall
provide a procedure for review as allowed under RSA 193:13, III-b.
(d) If
a pupil is subject to expulsion and a firearm is involved, the superintendent
or chartered school director shall contact local law enforcement officials.
(e) If
a pupil brings or possesses a firearm in a safe school zone without written
authorization from the superintendent or chartered school director, the
following shall apply:
(1) The superintendent or chartered public school
director shall suspend the pupil for a period not to exceed 10 school days,
pending a hearing by the school board or board of trustees; and
(2) The school board or board of trustees shall hold a
hearing within 10 days to determine whether the pupil was in violation of RSA
193:13, IV and therefore is subject to expulsion.
Source. #6109, eff 10-28-95; ss by #6366, eff
10-30-96; amd by #6820, eff 9-1-98; ss by #7513, eff 7-1-01; ss by #8206,
INTERIM, eff 11-18-04, EXPIRED: 5-17-05
New. #8583, eff 3-15-06; ss by #10361-B, eff
6-15-13; ss by #13854, eff 1-11-24
Ed
317.04 Disciplinary Procedures.
(a) There
shall be the following levels of discipline available to school officials
enforcing RSA 193:13 relative to the suspension and expulsion of pupils:
(1) A short-term suspension pursuant to RSA 193:13, I
(a) for a period not to exceed 10 school days;
(2) A long-term suspension pursuant to RSA 193:13,
I (b)-(c) for more than 10 days;
(3) An expulsion by the school board or board of
trustees for a period determined in writing by the school board or board of
trustees under RSA 193:13, II; and
(4) An expulsion by the school board or board of
trustees for a period of not less than 12 months under RSA 193:13, IV.
(b) The superintendent, chartered public school
director, or their designee shall be authorized to impose a short-term
suspension.
(c) Following a hearing, the school board, board of
trustees, or their designee shall be authorized to extend the suspension of a
pupil up to 10 additional consecutive days after the imposition of a short-term
suspension as provided by RSA 193:13, I (b).
(d) If the school board or board of trustees has
satisfied the requirements of Ed 317.03(a) and has complied with the local
policy developed pursuant to Ed 317.03, a pupil appealing a local decision to
the state board shall not be allowed to claim lack of knowledge of
the state law requiring expulsion for bringing or possessing a firearm or other
dangerous weapon as defined in these rules.
(e) Due
process for a short-term suspension shall include, at a minimum, the following
procedures:
(1) The superintendent, chartered public school
director, or designee shall schedule a meeting
with the pupil and inform the pupil of the meeting’s purpose, including
the possibility of a short-term suspension;
(2) Oral or written notice of the charges and an
explanation of the evidence against the pupil, which may be provided at or
before this meeting;
(3) An opportunity for the pupil to present his or her
side of the story; and
(4) A written statement to the pupil and at least one of the
pupil's parents or guardian explaining any disciplinary action taken against
the pupil.
(f) Due process in
disciplinary proceedings for the long-term suspension of a pupil shall include
the following:
(1) A hearing held in
accordance with the procedures set forth in (j) below;
(2) Written communication to the pupil and at least one
of the pupil's parents or guardian, delivered in person or by mail to the
pupil's last known address, prior to the hearing, of the charges and an
explanation of the evidence against the pupil;
(3) A written decision which includes the factual basis
for the conclusion that the pupil should be suspended;
(4) If the hearing was conducted by the school board's
designee, the decision may be appealed to the local school board under RSA
193:13, I; and
(5) If the hearing was conducted by the school board,
the decision may be appealed to the state board.
(g) In an expulsion by the school board or board of
trustees, due process shall include the procedures outlined in (f) above, and
the following minimal requirements:
(1) A formal hearing shall be held before any expulsion
in accordance with the procedures set forth in (j) below;
(2) Such hearing may be held either before or after the
short-term or long-term suspension has expired and pending the expulsion
hearing;
(3) If the hearing is held after the expiration of a
short-term or long-term suspension, the pupil shall be entitled to return to
school after the short-term suspension has expired and pending the expulsion
hearing, unless the pupil is still serving a long-term suspension;
(4) The school board or board of trustees shall provide
written notice to the pupil and at least one of the pupil's parents or
guardian, delivered in person or by mail to the pupil's last known address, of
the date, time, and place for a hearing before the school board; and
(5) The notice shall:
a. Include a statement of the charges and the nature of
the evidence against the pupil;
b. Include the superintendent's or chartered public school
director’s recommendation for school board or board of trustees’ action and a
description of the process used by the superintendent or chartered public
school director to reach a recommendation; and
c. Be delivered to the pupil and at least one of the pupil's
parents or guardian at least 5 days prior to the hearing.
(h) The decision of the
school board or board of trustees shall:
(1) Be based on a
dispassionate and fair consideration of substantial evidence that the accused
pupil committed the act for which expulsion is imposed and that such acts are a
proper reason for expulsion; and
(2) State whether the pupil
is expelled and the length of the expulsion.
(i) If the decision is to
expel the pupil, the decision shall make explicit the following:
(1) The factual basis for
the decision including the specific statutory reference prohibiting that act as
listed in RSA 193:13, II;
(2) The board’s
consideration of each of the factors for expulsion as set forth in RSA 193:13,
III;
(3) That the expulsion runs
until the school board or board of trustees later reviews it and restores the
pupil’s permission to attend school;
(4) Any action the pupil
may take to be restored by the school board; and
(5) That the pupil has the
right to appeal the decision to the state board.
(j) The following procedures shall apply to hearings on
long-term suspensions and expulsions:
(1) The pupil, together with a parent or guardian, may
waive the right to a hearing and admit to the charges made by the
superintendent or chartered public school director;
(2) If the pupil is 18 years of age or older, the
concurrence of a parent or guardian shall be unnecessary unless the pupil is
subject to a guardianship that would prevent the pupil from waiving the right
to a hearing;
(3) Formal rules of evidence shall not be applicable,
however, school officials shall present evidence in support of the charge(s)
and the accused pupil or the parent or guardian shall have an opportunity to
present any defense or reply;
(4) The hearing shall be either public or private and
the choice shall be that of the pupil or parent or guardian;
(5) During the hearing, the pupil, parent, guardian, or
counsel representing the pupil shall have the right to examine any and all
witnesses; and
(6) A continuance of a
hearing on the request of a parent or pupil over the age of 18, without the
consent of the superintendent or chartered public school director, shall be
conditioned on the pupil’s continued exclusion from attendance.
(k) Notwithstanding (a) –
(f) above, pupils whose presence poses a continuing danger to person or
property, or an ongoing threat of disrupting the academic process, may be
immediately removed from school at the discretion of the superintendent,
chartered public school director, or their designee. In such cases, the
necessary due process outlined in (e) above shall follow as soon as
practicable.
(l) Notwithstanding
any other deadline in Ed 200, all appeals to the state board from school board
decisions under (f) and (g) shall be filed within 20 calendar days of receipt
of the written decision of the school board or board of trustees and shall be
in accordance with RSA 541-A and Ed 200.
Source. #6109, eff 10-28-95; ss by #6366, eff
10-30-96, EXPIRED: 10-30-04
New. #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10361-B, eff
6-15-13; ss by #13854, eff 1-11-23
Ed 317.05 Reporting Procedures for Acts of
Theft, Violence, or Destruction.
(a) Pursuant
to RSA 193-D:4, each public, chartered public, or nonpublic school employee who
witnesses or has information from the victim of an act of theft, destruction,
or violence in a safe school zone shall provide a written report to the
principal. The principal shall file the report with local law enforcement
within 48 hours of the incident.
(b) The report shall
contain the following information:
(1) School name;
(2) School address;
(3) School telephone number;
(4) Name of school principal;
(5) Date of incident involving an act of theft,
destruction, or violence, or the possession of a firearm;
(6) Time of incident in (5) above;
(7) Location of incident in (5) above;
(8) Alleged offense;
(9) Description of incident;
(10) Name of suspect, if known;
(11) Grade in school of suspect, if applicable;
(12) Address of suspect, if known;
(13) Name of victim or witness;
(14) Grade in school of victim or witness, if
applicable;
(15) Address of victim or witness, if known;
(16) Name of employee reporting incident;
(17) Date report was completed by employee; and
(18) Date report was filed with local law enforcement
authority by school principal.
(c) When reporting the
crime to the appropriate authorities, a public, chartered public, or nonpublic
school shall ensure that copies of the relevant portions of the special
education and disciplinary records of the child are made available in a manner
that protects the child’s privacy.
(d) Each school board for a public school, board of trustees
for a chartered public school, or the governing body of a nonpublic school
shall develop a policy to address violations of RSA 193-D to include the
possible sanctions and penalties for said violations.
Source. #6109, eff 10-28-95; ss by #6366, eff
10-30-96; amd by #6820, eff 9-1-98; ss by #8206, INTERIM, eff 11-18-04, EXPIRED:
5-17-05
New. #8583, eff 3-15-06; ss by #10361-B, eff
6-15-13; ss by #13854, eff 1-11-24
Ed 317.06 Reporting
Procedures for Acts of Violence Against School Employees, Volunteers, or
Visitors.
(a) Each public, chartered
public, or nonpublic school employee who witnesses an act of violence against
school employees, volunteers, or visitors shall provide a written report to the
principal within 48 hours of the incident.
(b) The principal shall
provide the report required by (a) above to the department within 10 school
days of receipt of the initial report from the school employee.
(c) The report shall
contain the following information:
(1) School name;
(2) School address;
(3) School telephone
number;
(4) Name of school
principal or director;
(5) Date of incident
involving an act of violence against school employees, volunteers, or visitors;
(6) Time of incident in (5)
above;
(7) Location of incident in
(5) above;
(8) Alleged act of violence
against school employee, volunteer, or visitor;
(9) Description of
incident;
(10) Name of suspect;
(11) Grade in school of
suspect, if applicable;
(12) Address of suspect, if
known;
(13) Name of victim(s);
(14) Address of victim(s),
if known;
(15) Name of employee
reporting the incident; and
(16) Date report was
completed by the employee.
(c) Each school
board for a public school, board of trustees of a chartered public school, or
the governing body of a nonpublic school, shall develop a policy to address
violations of RSA 193-D to include the possible sanctions and penalties for
said violations.
Source. #6109, eff 10-28-95; ss by #6366, eff
10-30-96; amd by #6820, eff 9-1-98; ss by #7513, eff 7-1-01; ss by #8583, eff
3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-24
Ed 317.07 Reporting
Procedures for School Safety Data Collection.
(a) Public
schools shall complete and file the information required under the Gun Free
School Act of 1994, found in the School Safety Data Collection Survey, with the
commissioner on or before June 30 of each year. The superintendent or chartered
public school director shall certify the School Safety Data Collection online
through the ESS portal at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx.
(b) The following
information shall be collected through the ESS portal:
(1) Name of school district;
(2) School name;
(3) Pupil's grade in school;
(4) Type of firearm:
a. Handgun;
b. Rifle or shotgun; or
c. Other firearm; and
d. Whether there was more than one type of weapon or
firearm;
(5) Number of expulsions modified to less than 12
months;
(6) Number of modifications of expulsions for pupils
who are not identified as a child with a disability;
(7) Number of expulsions which resulted in a referral
to an alternative school or program;
(8) Name of reporting official; and
(9) Signature and date.
Source. #13854, eff 1-11-24
PART Ed
318 CHARTERED PUBLIC SCHOOLS
REVISION NOTE:
Document
#10873, effective 7-1-15, readopted with amendment, and often renumbered,
existing rules in Part Ed 318 as rules in Part Ed 318 and Part Ed 319. Document #10873 also adopted rules in Part Ed
318 and Part Ed 319, as noted below:
Former Rule New
Rule
Ed 318.01 Ed 318.01
Ed 318.02 Ed 318.02
Ed 318.03 Ed 318.03
Ed 318.04 Ed 318.04
Ed 318.05 Ed 318.05
Ed 318.06 Ed 318.06
Ed 318.07 Ed 318.07
Ed 318.08 Ed 318.08-Ed 318.10
Ed 318.09 Ed 318.11
Ed 318.10 Ed 318.12-Ed 318.14
(None) Ed 318.15 (adopted)
Ed 318.11 Ed 318.16
(None) Ed 318.17 (adopted)
Ed 318.13 Ed 318.18
Ed 318.14 Ed 318.19
Ed 318.15 Ed 318.20
(None) Ed 319.01 (adopted)
(None) Ed 319.02 (adopted)
Ed 318.12 Ed 319.03
(None) Ed 319.04 (adopted)
The
affected existing rules had been filed previously under Document #9066,
effective 1-10-08. The rules did not
expire on 1-10-15 but were extended pursuant to RSA 541-A:14-a. Document #10873 replaces all prior filings
for rules in the former Part Ed 318. The
prior filings for rules in the former Part Ed 318 include the following
documents:
#6355, eff 10-18-96, EXPIRED 10-18-04
#6821, eff 9-1-98
#8206, INTERIM, eff 11-18-04, expired 5-17-05
#9066, eff 1-10-08
Ed 318.01 Purpose and Scope.
(a) The purpose of these rules is to ensure
uniform application of RSA 194-B in the establishment and administration of
chartered public schools.
(b) The charter school provisions of these rules
shall apply to:
(1) Those persons and entities listed in RSA
194-B:3,V, as eligible to establish a charter school;
(2) An existing public school which is eligible
to become a charter conversion school in accordance with RSA 194-B:3,VI;
(3) Local school boards authorized to approve
charter schools under RSA 194-B:3, II; and
(4) Charter schools authorized under RSA
194-B:3-a.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.02 Definitions. In addition to the terms defined in RSA
194-B:1, unless context makes another meaning manifest, the following terms
shall have the meaning stated:
(a) “Local school board process” means the
approval process set forth in RSA 194-B:3, II; and
(b) “State board
process” means the approval process set forth in RSA 194-B:3-a.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.03 Eligibility. Persons or entities eligible to apply to
establish a charter school shall be organized as a nonprofit corporation in
accordance with the provisions of RSA 292. Such corporation shall first
establish a prospective board of trustees and prescribe the board's duties in a
set of proposed bylaws which shall be consistent with the prospective board
duties under RSA 194-B:5.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.04 Application Methods. There shall be 2 methods of application for a
charter school, as follows:
(a) The local school board process in accordance
with RSA 194-B:3, III; and
(b) The state board process in accordance with
RSA 194-B:3-a.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.05 Waiver Provision.
(a)
For good cause shown, meaning a hardship which is outside of the control
of the applicant, a local school board and the state board shall waive any
deadlines applying in RSA 194-B:3 to their respective actions for specific
periods of time, provided that a request for a waiver shall:
(1) Be in writing and
be signed by the waiver applicant;
(2) Specify the
provisions of RSA 194-B:3 to be waived, the duration of the waiver, and the
hardship which is outside of the control of the applicant which caused the
applicant to ask for a waiver; and
(3) Include a
certification that the waiver applicant has made a good faith effort to comply
with said provisions.
(b)
For the purposes of (a) above, a hardship which is outside of the
control of the applicant shall include, but not be limited to:
(1) Serious illness of the
applicant or a member of the applicant team;
(2) Records or
documentation required for application are destroyed or damaged by fire or
other accidental cause; or
(3) A local, state, or
federal emergency declaration which causes a process delay.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.06 Local School Board Process; Requirements
of Local School Boards. In
forwarding an application, including a proposed contract, to the state board
under RSA 194-B:3, III(c), the local school board shall comply with the
following by the statutory deadline of September 15:
(a)
If the application including a proposed contract is approved, the local
school board shall file the application with the state board with a cover
letter indicating the date of the local school board meeting at which the
application was approved. The
application shall meet the requirements of Ed 318.08 (b)-(h);
(b)
If the application is denied, the local school board shall forward the
application to the state board with a cover letter indicating:
(1) Suggested amendments or additions to the
application or contract to correct any areas deemed deficient, numbered to
correspond to the list of criteria in RSA 194-B:3, II;
(2) Comments concerning how the application or
contract might be deficient in relation to the state board criteria for review
listed in Ed 318.07;
(3) Any legal questions the local school board
wishes the state board to address, including those issues which might require
an opinion to the state board by the department of justice; and
(4) Any other matters which might be pertinent
concerning the operation of the proposed charter school in the local school
board's district.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.05)
Ed 318.07 Local School Board Decision.
(a)
In accordance with RSA 194-B:3, III(c), by September 15 of the year in
which an application is received, the local school board shall:
(1) Either approve or deny the charter
application; and
(2) Forward the proposed application, contract,
and a written statement of its decision, as outlined in (b) and (c) below, to
the state board and to the applicant’s prospective board of trustees.
(b) If the application, including a proposed
contract as described in RSA 194-B:3, is approved, the local school board shall
file the application with the state board with a cover letter indicating the
date of the local school board meeting at which the application was
approved.
(c) If the application is denied, the local
school board shall forward the application to the state board with a cover
letter indicating:
(1) Suggested amendments or additions to the
application or contract to correct any areas deemed deficient, numbered to
correspond to the list of criteria in RSA 194-B:3, II;
(2) Any legal questions the local school board
wishes the state board to address, including those issues which might require
an opinion to the state board by the department of justice; and
(3) Any other matters which might be pertinent
concerning the operation of the proposed charter school in the local school
board's district.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.08 State Board Review of Local Board Process
and Application.
(a)
In accordance with RSA 194-B:3, III(d), by December 31 of the
application year, the state board shall review the application for completeness
to ensure that each of the statutory requirements of RSA 194-B:3, II has been
met, and shall grant or deny its approval.
(b) The state board shall notify the applicant in
writing of its decision as follows:
(1) If the state
board approves an application, the state board shall include in the
notification:
a. A written
notification of any suggested additions or amendments to the proposed
application to the local school board and the board of trustees to assure
compliance with any component of RSA 194-B:3; and
b. Two copies of
the approved contract to the clerk of the local school district for inspection
by the voters of the school district as required under RSA 194-B:3, III(e); or
(2) If the state board denies an application, the
state board shall include in the notification:
a. A written explanation of the reasons for the
denial;
b. The areas deemed deficient by the state
board; and
c. An explanation that the applicant may reapply
under RSA 194-B:3 or RSA 194-B:3-a.
(c) The board of trustees may appeal a denial by
the state board in accordance with Ed 213.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.05)
Ed 318.09 Applications to the State Board.
(a)
An applicant seeking state board authorization for a charter school
shall submit a letter of intent to submit a charter school application to the
department’s office of charter schools which includes:
(1) Date;
(2) Proposed charter school name;
(3) Proposed grade levels; and
(4) Contact person including:
a. Name;
b. Organization, if applicable;
c. Address;
d. Email address; and
e. Telephone / Fax number.
(b) An application to the state board to
establish a charter school under RSA 194-B:3-a shall be made by the prospective
board of trustees containing all of the elements in RSA 194-B:3, II(a)-(bb) and
(dd).
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.10 Department, Legal, and Peer Review.
(a) An application to the state board shall not
be considered complete until it has undergone a thorough and collaborative
review by the office of charter schools, a legal consultant designated by the
office of charter schools, and a committee of peers to ensure compliance and
completeness in accordance with RSA 193-B:3.
(b) Within 10 days of initial filing, the office
of charter schools shall notify the applicant of receipt of the application
materials as well any missing materials required by RSA 193-B:3(a)-(bb) and
(dd).
(c) Within 30 days of receipt of notification
from the office of charter schools as described in (b) above, the applicant,
with assistance and collaboration from and by the office of charter schools,
shall submit all requested missing information, or the application shall be
closed. The prospective board of
trustees may submit the application materials again, which shall reset the
timeline for review.
(d) A legal consultant designated by the charter
school office shall complete a review and appraisal of the application within
30 days of initial filing.
(e) Within 30 days of completion of the legal
consultant’s review, the application and legal consultant’s appraisal shall be
reviewed by a committee of peers which shall consist of 3 persons with
experience in charter schools, one of whom has administrative experience and
one of whom is licensed by the state board as a New Hampshire educator.
Conditional upon the availability of funds, the department shall provide a
small stipend and travel costs to the committee of peers.
(f) Within 10 days of completion of the peer
review, the department shall provide the applicant with written comments,
including suggested amendments or modifications from the legal and peer review,
if the department determines that amendments or modifications are needed in
order for the application to be deemed complete and to ensure compliance with
RSA 194-B:3, II(a)-(bb) and (dd).
(g) The applicant shall submit an amended or
modified application within 30 days of receipt of notification in (f) above or
the application will be closed. The prospective board of trustees may submit
the application materials again, as described in Ed 318.09.
(h) The office of charter schools shall notify
the applicant of a complete application within 10 days of receipt of all
requested amendments and modifications, if required, or within 10 days of
completion of the peer review if no amendments or modifications are requested.
The notification shall include the date of the next scheduled state board
meeting where the charter application will be reviewed, and the deadline for
the state board’s decision which shall not exceed 60 days from the date of
receipt of the complete application pursuant to RSA 541-A:29, II.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.11 State Board Approval.
(a) The state board shall notify the applicant in
writing of its approval or denial of a chartered public school application
within 60 days of the department’s notification to the applicant of a complete
application pursuant to RSA 541-A:29, II.
(b) The state board shall request in writing the
applicant’s presence at the state board meeting for which an approval or denial
of the application is scheduled, to ask clarifying questions of the applicant.
(c) The board shall approve the application,
after reviewing the application and the department’s evaluation under Ed
318.10, if it determines the application is in compliance with RSA 194-B:3,
II(a)-(bb) and (dd).
(d) If the board determines that more information
is necessary to make a decision regarding the approval or denial of the
application, upon written agreement by the applicant, pursuant to RSA 541-A:29,
IV, the board shall extend the decision deadline to the next scheduled board
meeting or a time agreed to by the applicant, not to exceed 90 days.
(e) The state board shall deny an application if
it determines the application is not in compliance with the requirements of RSA
194-B:3, II(a)-(bb) and (dd).
(f) If the state board denies an application, the
state board shall include in the notification:
(1) A written explanation of the reasons for the
denial;
(2) The areas deemed deficient by the state
board; and
(3) An explanation that the applicant may reapply
under RSA 194-B:3, RSA 194-B:3-a in a subsequent year.
(g) The board of trustees may appeal a denial by
the state board in accordance with Ed 213.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21 (formerly Ed 318.10)
Ed 318.12 Issuance and Amendment of Charter.
(a) If the state board, under the local school
board process or the state board process approves an application for a charter
school, the state board shall issue a charter for the school.
(b) Once the state
board issues a charter to an applicant under the local school board process who
has met all the requirements of RSA 194-B:3, III,(b), (c), and (d), the board
of trustees shall inform the state board in writing of the results of the vote
required by RSA 194-B:3, III(e) within
10 days of the vote.
(c) For the state board process, the state board
shall issue a charter to an applicant only under the conditions established by
RSA 194-B:3-a and Ed 318.08.
(d) A charter
approved under the local school board process shall be amended in accordance
with RSA 194-B:3, XI. An appeal by the applicant to the state board of the
local school board decision pertaining to a proposed amendment shall be filed
within 30 days of the denial, and shall be decided by the state board in
accordance with Ed 200.
(e) A charter approved under the state board
process shall be amended in accordance with the following process:
(1) A charter grantee may apply to the
commissioner for amendment to its application;
(2) After the commissioner’s review the proposed
amendment shall be placed on the agenda of the next regularly-scheduled state
board meeting;
(3) The state board shall notify the board of
trustees in writing of its decision to grant or deny the proposed amendment,
based on the charter requirements established in RSA 193-B:3, II, within 10
days of its decision, providing reasons for the decision; and
(4) An appeal from a denial of the proposed
amendment by the state board shall be in accordance with Ed 213.
Source. (See Revision
Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
(formerly Ed 318.11)
Ed 318.13 Charter Renewal.
(a) A charter may be renewed for a renewal period
of 5 years in accordance with RSA 193-B:3, X. The board of trustees of a
charter school shall make an application for renewal to the state board no
later than one year before the original charter is set to expire.
(b) For the first renewal, the application shall
consist of the school's fourth year annual report with a cover letter
requesting renewal, except that subsequent renewals shall be based on the
annual report of the year preceding expiration of the charter. The criteria listed in Ed 318.07 and RSA
194-B:16, VI, shall be used by the board to approve or deny all renewals and
shall be referenced in all decisions.
(c) The renewal application process shall
include:
(1) The documents in (b) with a cover sheet to
include name, complete mailing address, and contact information, signed and
dated by the head of the school and the chairman of the board;
(2) A document review including pertinent yearly
accountability materials submitted to the charter school office;
(3) Invitation for written comments; and
(4) Recommendation of the commissioner.
(d) Tables graphs, and other data shall be
clearly presented, clearly explained, and directly relevant to the text.
(e) The cover letter in (b) shall contain the
following:
(1) A concise abstract, of
approximately one page, restating mission and goals and addressing what
progress the school has made:
a. Towards its academic goals defined; and
b. In programmatic and organizational goals;
(2) Current enrollment numbers and anticipated
enrollment for the next 3 school years;
(3) A statement describing any
changes in curriculum or instruction as a result of anticipated growth; and
(4) A report on school features, curriculum and
technology programs, successes and failures in academic attainment including:
a. A discussion of the efforts to disseminate
best practices or in other ways coordinating with local or other school
districts;
b. A discussion of parent involvement to date
and future plans for parent involvement;
c. A report on past fundraising efforts and results, future fund
raising goals, and plans for achieving
sustainability; and
d. A proposed budget for the following school
year including:
1. A statement on how the school will use public
funds; and
2. A detailed description of the specific
board’s reasoning for allocation of funds.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.11)
Ed 318.14 Review of Renewal Application.
(a) The process for review of the renewal
application shall be as follows:
(1) The
department shall conduct a school review and on-site visit; and
(2) The department shall complete
a review and recommendation to the state board.
(b) Criteria for review of application materials
shall include:
(1) Whether
the school is making progress toward achieving its mission;
(2) Whether the school is using
public funds as required by the statute and the rules;
(3) Whether the school is meeting
goals for student attainment of expected knowledge and skills;
(4) Whether the school is making
an effort to disseminate best practices or in other ways coordinate with the
local or other school districts; and
(5) Whether the school is
sustainable.
(c) The board shall renew a charter, if as
evidenced by the responses to (a) and (b), the charter school is attaining its
performance targets.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.13)
Ed 318.15 Revocation and Withdrawal.
(a) A charter shall be revoked for any of the
reasons listed in RSA 194-B:16, II, or if the board of trustees fails to
cooperate in the development of a remedial plan under RSA 194-B:16, III. If the
commissioner makes a recommendation to revoke a charter, it shall give the
trustees at least 90 days notice of its intent. Revocation shall occur only
after notice and opportunity for a hearing as provided under RSA 541-A:31. The hearing shall be conducted in accordance
with Ed 200.
(b) A charter shall be withdrawn if the board of
trustees fails to submit a progress report under RSA 194-B:3, IX.
(c) The charter shall be withdrawn if a progress
report is filed but fails to:
(1) Specify which provisions of RSA 194-B are
delaying the opening of the charter school; or
(2) Provide a remedial plan for the school to
overcome any obstacles.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.14)
Ed 318.16 Policy Development. The school shall develop policies in
accordance with the following:
(a) Records retention in accordance with RSA
189:29-a;
(b) Promoting school safety including:
(1) Reporting of suspected abuse or neglect
pursuant to RSA 169-C:29;
(2) Sexual harassment, as detailed in Ed
303.01(j) and (k);
(3) RSA 193-F, pupil safety and violence
prevention; and
(4) RSA 126-U, limiting the use of child
restraint practices; and
(c) Developmentally appropriate daily physical
activity pursuant to Ed 310 and RSA 189:11-a,V-VI.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21
Ed 318.17 Charter School Annual Report Requirements.
(a) In addition to the requirement of RSA
194-B:10, each charter school annual report shall include at a minimum the
following elements:
(1) A statement explaining how the school is
meeting the goals of its mission statement;
(2) Any changes in the membership of the board of
trustees or in the trustees' methods of operations or amendments to the
by-laws;
(3) Any recusals made by a member of the board of
trustees under RSA 194-B:5, VII;
(4) How the school is implementing all the
requirements and any options allowed by RSA 194-B:8;
(5) The attendance rate of pupils enrolled at the
school as reflected in the school's average daily membership;
(6) The number of incidents that occurred on the
school grounds and that required the intervention of local, state or federal
law enforcement;
(7) The number of incident reports prepared under
RSA 126-U:7, child restraints notice and record-keeping requirements;
(8) The number of substantiated incidents of
bullying or cyberbullying as identified in RSA 193-F:6;
(9) The percentage of pupils who either were
promoted to the next grade level or graduated from high school;
(10) A description of the community services
available at the school site;
(11) The school calendar, including hours of
operation;
(12) The total number of pupils enrolled at the
school during the previous school year;
(13) The transportation services available if any;
(14) A financial statement setting forth the
revenue and expenditures for the year just ended;
(15) A balance sheet setting forth the charter
school's assets, liabilities, and fund balances or equities; and
(16) Projections of income and expenses for the
upcoming school year.
(b) If the information required for the annual
report has been previously submitted, the document in which it was submitted
shall be attached or the manner in which it was submitted shall be referenced,
in the annual report.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.16)
Ed 318.18 Review of Annual Reports. The commissioner shall review the collected data from each authorized charter
school in accordance with the requirements of RSA 194-B and Ed 318.16, for the purpose of providing, to the state board,
an ongoing status report of each charter school. The data specifically required
shall not exceed the reporting requirements of New Hampshire public schools.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.17)
Ed 318.19 Deadlines for Pupil Enrollment.
(a)
A charter school approved under the local school board process shall
accept applications for students only after the date when the charter school
contract was ratified by the school district legislative body under RSA
194-B:3, III(e).
(b)
A charter school approved under the state board process shall accept
applications for students only after the charter has received approval from the
state board.
(c)
If a pupil accepts admission to a charter school, receipt of student
records from the student’s previous school shall constitute proper notification
of enrollment by the charter school.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.18)
Ed 318.20 Assurances Against Discrimination.
(a) If any of the persons or entities listed
under RSA 194-B:15 and RSA 194-B:16, I, believes a charter school has violated
any of the anti-discrimination provisions of the school's own charter, the
matter shall, for a charter school approved under the:
(1) Local school board process, be directed to
the school board for review and disposition; and
(2) State board process, be directed to the state
board for review and disposition pursuant to Ed 200.
(b) A decision of the local school board may be
appealed to the state board, in accordance with Ed 200.
(c) A decision of the state board may be appealed
in accordance with Ed 213.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15; ss by #13253, eff 8-18-2121 (formerly Ed 318.19)
PART Ed 319 OPEN ENROLLMENT SCHOOLS
Ed 319.01 Purpose and Scope.
(a) The purpose of these rules shall
be to ensure uniform application of RSA 194-D in the establishment and
administration of open enrollment schools.
(b)
The open enrollment provisions of these rules shall apply to open
enrollment public schools as defined in RSA 194-D:1 and established under RSA
194-D:2.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15
Ed 319.02 "Open enrollment public school" or
"open enrollment school" means "open enrollment public
school" or "open enrollment school" as defined in RSA 194-D:1.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15
Ed 319.03 Open Enrollment School Requirements. The school board or moderator of a school
district whose members have voted to designate one or more of its schools as an
open enrollment school under RSA 194-D shall notify the state board in writing
of the following no later than 60 days prior to the start of each school year:
(a)
Which schools in the school district have been formally designated as
open enrollment schools;
(b)
How many students each open enrollment school has accepted from within
its district and from outside its district;
(c)
A policy on transportation which is consistent with the provisions of
RSA 194-D:2, IX;
(d)
All policies established under RSA 194-D:4, V; and
(e)
A statement describing how the school shall meet the requirements of a
public school as required by RSA 194-D:2 through RSA 194-D:4, I.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15
Ed 319.04 Deadlines for Pupil Enrollment. The school shall comply with all deadline
requirements established in these rules.
Source. (See Revision Note at part heading for Ed
318) #10873, eff 7-1-15
PART
ED 320 SCHOOL FACILITY APPROVAL PROCESS
Ed 320.01 Applicability.
In order for a public school, public academy, chartered public school, or
nonpublic school to operate a facility to be used for K-12 educational
purposes, it shall request approval to operate prior to student occupancy to
ensure a clean, healthy, and safe facility.
Source. ##13772, eff 10-12-23
Ed 320.02 Initial
School Facility Approval Process.
(a)
To request initial approval to operate a school facility for K-12
educational purposes, the following information shall be
submitted in a clearly legible packet to the department no later than 60 days
prior to student occupancy:
(1) The school
contact’s information and location of the facility;
(2) Proof of compliance with
state building code as provided in RSA 155-A;
(3) Proof of compliance with state fire code
under RSA 153:1,VI-a and Saf-Fmo 300, as amended by state board of fire control and ratified by the general court pursuant to RSA
153:5;
(4) If the project
includes a well or septic system, documentation of approval from the department
of environmental services as required by RSA 485, Env-Dw 406, RSA 485-A, and
Env-Wq 1000, respectively;
(5) Proof of meeting the New Hampshire code for
barrier-free design under Abfd 300, if applicable;
(6) A copy of a completed health inspection
conducted by the local health officer to ensure that facility is operating in a
suitable and sanitary building, as required by RSA 189:24;
(7) Documentation that the building(s) was
inspected by a certified asbestos inspector, who is certified in
accordance with Env-A 1810, and that all asbestos-containing materials
identified are being safely managed
pursuant to Env-A 1800, if applicable;
(8) A statement
signed by the superintendent or designee that the drinking water at all
locations where water is available for consumption by students has been tested
for lead and remediated in accordance with RSA 485:17-a;
(9) Proof that a
current site-specific emergency operation plan is filed with New Hampshire
homeland security and emergency management as required by RSA 189:64; and
(10) If food service
operations are to take place in the facility, documents providing that:
a. Operations shall be in compliance with New
Hampshire department of health and human services administrative rules He-P 2300; or
b. If located in
one of the self-inspecting municipalities granted licensing authority by the
New Hampshire department of health and human services, complies with local food
regulations.
(b)
In addition to the items in (a) above, the following information shall
be submitted to the department for all
public school facilities:
(1) For all public schools, excluding public
chartered schools, proof the grounds shall operate in accordance with the
policy and procedures developed pursuant to RSA 200:48 to minimize or eliminate
pollution caused by idling motor vehicles;
(2) A facility
maintenance plan that addresses or identifies, at a minimum, the following:
a. Building
characteristics such as building square footage, age of building, types of
building components, and systems;
b. Facility safety procedures;
c. Custodial
training;
d. Maintenance
staffing needed to operate the facility;
e. Custodial services, including a schedule of
routine maintenance activities;
f. An integrated pest
management plan;
g. A healthy indoor air
quality plan;
h. Preventative maintenance
program;
i. A work order system, such
as a computer maintenance management system; and
j. Contracted services
needed;
(3) Proof that the
school has a policy approved by the local school board or board of trustees to
minimize the use of toxic chemicals for cleaning and pest control, and shall
not permit staff to bring cleaning products or pesticides into the facility
without approval from the school administration;
(4) A statement that
adequate health services shall be provided that ensures the privacy and health
of all students, including:
a. A waiting area
separate from other spaces;
b. Space for examining patients that includes a
sink with hot and cold water;
c. A patient
isolation area; and
d. A restroom, or an adjacent one, which meets
current accessibility requirements pursuant to Abfd 300;
(5) A statement that
sufficient storage shall be provided that allows the proper storage of cleaning
supplies, tools, spare parts, unused furniture, equipment not in use, and other
like items required for custodial and maintenance activities;
(6) A statement that emergency shower and eye
wash stations are available in all science labs, automotive shops, and other places where hazardous liquids or open flames are
frequently used, and they comply with the American National Standards Institute
Z-358.1 Eyewash standards 2014, as referenced in Appendix II;
(7) A statement that all laboratories and
combination lab-classrooms shall be operated to reduce potential hazards by providing at least 50 net square feet per pupil for
each lab and at least 60 net square feet per pupil for each combination
lab-classroom;
(8) A chemical
hygiene plan that identifies, at a minimum, the following:
a. That all
chemicals shall be properly stored and labeled;
b. That all
flammables shall be stored in a manner that meets NFPA 30: Flammable and
Combustible Liquids Code;
c. That all acids shall be stored in a cabinet
constructed from corrosion-resistant materials;
d. That all rooms and
storage areas with chemicals shall have proper ventilation;
e. That all chemical hoods
used in science experiments shall be maintained in accordance with
manufacturers’ recommendations;
f. That all chemicals shall
be properly managed and disposed of; and
g. That all safety data
sheets, identified by Occupational
Safety and Health Administration 29 CFR 1910.1200(g),
are on file at the school in accordance with 29 CFR 1910.1200; and
(9) If construction in the building(s) is
proposed, a letter from the state fire marshal stating that construction
drawings and specifications have been evaluated and approved by the state fire marshal for compliance with the state fire code under RSA 153:1, VI-a and
Saf-Fmo 300, as amended by the state board of fire control and ratified by the
general court pursuant to RSA 153:5.
(c)
The department shall:
(1) Complete a
review of all the submitted materials;
(2) Conduct an
on-site visit to verify the information submitted; and
(3) Determine if
the facility meets one of the following:
a. Approved for
operation;
b. Conditionally
approved for operation; or
c. Not approved for
operation.
(d)
A school facility that meets all of the applicable application
requirements of Ed 320.02 shall be approved for operation.
(e) A school facility which does not meet all of the
applicable application requirements of Ed 320.02 shall be conditionally
approved for operation, provided that:
(1) All
identified deficiencies and a timetable for their correction are incorporated
into the conditional approval; and
(2) The department has received documentation of health and safety
inspections conducted by the authorities having jurisdiction and either:
a.
All health and safety violations have
been corrected; or
b.
All identified deficiencies and a timetable
for their correction are incorporated into the conditional approval, as agreed
upon by authorities having jurisdiction.
(f) A school facility that is
unable to meet (d) or (e) above shall not be approved for operation for K-12
educational purposes.
(g) A school facility shall remain approved for operation or
conditionally approved for operation until:
(1) June 30, 5 years following the notice of
approval to operate; or
(2) Conditions of
the approval to operate have not been met.
(h)
For facilities in operation prior to the effective date of these rules,
a school facility shall be considered approved for operation, provided one of the following has been met:
(1) The public school has received a letter from
the department approving the facility in accordance with Ed 306.28 and shall be
considered approved for operation until June 30, 6 years following the notice
of approval;
(2) The chartered public school received a
charter school approval or renewal from the state board pursuant to the provisions of RSA 194-B, and the facility the school
operates shall be considered approved for operation until June 30, 6 years
following the most recent state board approval or renewal; or
(3) The nonpublic school received a nonpublic
school approval or renewal from the state board pursuant to Ed 403, and the
facility the nonpublic school operates shall be considered approved for
operation until June 30, 6 years following the most recent state board approval
or renewal.
(i)
A school facility operating outside the time limits in (g) or (h) above
shall be considered an expired school facility and not
suitable for students to occupy.
(j)
A school operating an approved school facility shall request a
renewal in accordance with Ed 320.03.
(k)
The superintendent, charter school director, nonpublic school
administrator, or designee shall notify the commissioner prior to any change in
conditions which affects a school’s compliance with these rules, including but not limited to changing locations, constructing a new
facility, or renovating or adding an addition to an existing facility.
Source. #13772, eff 10-12-23
Ed 320.03 School Facility Renewal Process.
(a)
To request a renewal to operate an approved school facility, the
following information shall be submitted to the department in a clearly legible
packet no later than September 1 prior to the expiration date of the facility’s
approval to operate:
(1) The items
included in Ed 320.02(a)(1) and (a)(7)-(10);
(2) A copy of
the most recent annual state fire inspection report required by RSA 153:14,
II(b);
(3) A statement that
provides that:
a. The superintendent or designee has contacted
the local health officer to schedule a health inspection prior to the end of
the calendar year; and
b. Prior to December 31 of the calendar year,
the superintendent or designee shall submit a copy of the completed health inspection to the department to ensure the
facility is operating in a suitable and sanitary building, as required by RSA
189:24; and
(4) For public schools:
a. Complete the
“Indoor Air Quality Survey” checklist, revised September 2023, which can be
found by logging into https://my.doe.nh.gov/myNHDOE/Login/Login.aspx; and
b. The items
included in Ed 320.02(b).
(b)
Once the materials have been received, the department shall:
(1) Complete a
review of the submitted renewal materials;
(2) Conduct an on-site visit, subject to the
availability of funds for making such visits, to verify the information submitted; and
(3) Determine the facility meets one of the
following designations:
a. Approved for
operation;
b. Conditionally
approved for operation; or
c. Not approved for
operation.
(c)
A school facility that meets all of the applicable application
requirements of Ed 320.03(a) shall be approved for operation.
(d) A school which does not
meet all of the applicable application requirements of Ed 320.03(a)
shall be conditionally approved for operation, provided that:
(1) All
identified deficiencies and a timetable for their correction are incorporated
into the conditional approval; and
(2) The
department has received documentation of health and safety inspections
conducted by the authorities having jurisdiction and either:
a. All health and
safety violations have been corrected; or
b. All identified
deficiencies and a timetable for their correction are incorporated into the
approval designation, as agreed upon by authorities having jurisdiction.
(e) A school facility that is unable to meet (c) or (d) above shall not
be approved for operation for K-12 educational purposes.
(f) A school facility shall remain approved for operation or conditionally
approved for operation until:
(1) June 30, 5 years following the notice of
approval to operate; or
(2) Conditions of
the approval to operate have not been met.
(g)
A school facility operating outside the time limits in (f) above shall be
considered an expired school facility and not suitable for students to occupy.
(h)
A school operating an approved school facility shall request a renewal in
accordance with Ed 320.03, no later than September 1 prior to the expiration
date of the approval.
(i)
The superintendent, charter school director, nonpublic school
administrator, or designee shall notify the commissioner prior to any change in
conditions which affects a school’s compliance with these rules, including but
not limited to changing locations, constructing a new facility, or renovating
or adding an addition to an existing facility.
Source. #13772, eff 10-12-23
PART Ed 321 SCHOOL BUILDING CONSTRUCTION (Formerly Ed
305)
Ed 321.01 Purpose. The purpose of Ed
321 is to:
(a) Provide requirements and standards for the construction
of any public school facility, including public academy facilities and
chartered public school facilities, to be used for the purpose of providing
education to pupils in grades K-12; and
(b) Provide requirements for how to apply for school
building aid.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215,
eff 3-14-25
Ed 321.02 Definitions. Except where
the context makes another meaning clear, the following words shall have the
meaning indicated when used in Ed 321:
(a) “Architectural and engineering fees” means the expenses
associated with the development and implementation of the project that the
architect or engineer charged the project owner in order to work on the
project;
(b) “Chartered public
school” means “chartered public school” as defined in RSA 194-B:1, IV, and as
approved pursuant to RSA 194-B:3-a. The term also includes “charter school”;
(c) “Commissioning” means a systematic documented process by
an independent entity which includes visual examination and functional
performance testing to demonstrate that installed components or systems meet
the intent of the original design;
(d) “Completion of the project” means the point when:
(1)
The responsibility of the project shifts from the contractor to the school
district or charter school; and
(2)
The contractor should receive most, if not all, of the balance of the contract;
(e) “Construction cost" means the total cost of labor
and materials for the construction of the foundation, erection of the
structure, finish work, and the installation of equipment integral to the
operation of building systems. The cost of site development is not
included;
(f) “Department” means the New Hampshire department of
education;
(g) “Design capacity” means the maximum total number of
students intended to be educated in a school building;
(h) “Educational space” means those parts of a school
building to which pupils are assigned for instructional
purposes. Educational space includes, but is not limited to,
classrooms, laboratories, gymnasiums, libraries, cafeterias, special education
spaces, and administration spaces;
(i) “Educational specifications” means a report that
describes the facility’s anticipated uses and identifies the specific physical
characteristics that will be required to house and promote the programmatic
needs of the school district or charter school;
(j) “Emergency project” means a school construction project
requiring the replacement of all or a significant portion of a school facility
which is declared uninhabitable or is identified as an imminent danger or
substantial risk by the state fire marshal or a state or federal agency, and
which results from an unanticipated and sudden natural or human disaster;
(k) “Feasibility study” means a report that was completed
prior to design that evaluates the physical and programmatic needs of a school
district or charter school, identifies the best uses of existing buildings, and
makes recommendations on improvements to maintain and upgrade the existing
facility or build a new facility, while meeting the school district’s or
charter school’s educational goals;
(l) “Gross square footage” means the total square footage of
the school building measured to the outside of the exterior walls;
(m) “Moveable equipment”
means equipment, including technology equipment, for a school construction
project that supports the educational program. Moveable equipment has an
expected life of at least 5 years and is not attached to the building. This
term also includes “furniture, fixtures, and equipment (FF&E)”;
(n) “Net energy use intensity (net EUI)” means the absolute
value of the annual energy use at the site per square foot of building area,
minus the annual onsite renewable energy generation per square foot of building
area, with the energy use including consumption of all fuels in thousands of
British Thermal Units (kBtu) per year;
(o) “New construction” means construction work that results
in the creation of a new building or additional space to an existing building;
(p) “Phased project” means
a project that is divided into 2 or more smaller, distinct projects where each smaller project has its
own start date, end date, and scope of work. Once work on each smaller project
is completed, the resulting space can be
utilized for educating K-12 students;
(q) “Preliminary design plans” means a set of plans that
present the proposed school facility in its earliest stages denoting at a
minimum the square footage of each room and the proposed use of each room.
Detailed doors, windows, closets, utilities, and mechanical functions are not
typically shown at this stage;
(r) “Project manager” means “project manager” as described
in RSA 198:15-c, III, and is the professional hired by the project owner to
serve as a consultant and adviser to the project owner to ensure the project
owner’s best interests are carried out. The term also includes “owner’s project
manager (OPM)”;
(s) “Project contingency” means the project funds that have
been set aside or reserved to cover bidding overruns, unforeseen conditions and
omissions, or miscellaneous project expenditures not part of the initial
project budget but necessary to complete the project;
(t) “Renovation means” work involving upgrades to existing
space in a building or conversion of the use of existing space in a building;
(u) “School district” means “school district” as defined in
RSA 198:15-a, I-a;
(v) “School building aid” means the state grants for the
payment of a share of the cost for school building construction under RSA
198:15-a;
(w) “Sufficient” means an amount of space, time, or material
that will enable a particular function to proceed as intended without
restriction or impediment from the size or condition of the school facility,
according to variations in enrollment, staffing, program, or level of
instruction from one school building to another;
(x) “Technology equipment” means equipment needed to operate
the school facility, including servers, printers, cameras, audio visual
equipment, copiers, phones, intercoms, and computers. It does not include
laptops and computers for students and teachers, office or educational
software, or infrastructure items such as network and wireless cabling; and
(y) “Usable land” means land upon which a school building,
parking lot, on-site traffic circulation and drop-off locations, playgrounds,
or school playing fields can be built.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215,
eff 3-14-25
Ed 321.03 Construction Standards for All Public
Schools.
(a) For the purposes of this section, “school facility”
means a building operated by a school district, public academy, or chartered
public school being used for the purpose of educating pupils in grades K-12.
(b) The requirements in
this section apply to all school
facility construction projects, regardless of whether the project is
constructed using state building aid.
(c) A school facility shall have safe access and sufficient
parking, drainage, and security.
(d) The school facility shall have access for emergency
vehicles from at least 2 directions, unless waived by the local fire chief or
the authority of the state fire marshal in accordance with RSA 155-A:7.
(e) Prior to acquisition of a site, the school district,
public academy, or chartered public school shall have surveys conducted of the
site to ascertain, as much as practicable, that past use of the site has not
resulted in conditions hazardous to public health, public safety, or to the
environment, or matters of interest for historical preservation under RSA 227-C
that cannot be removed, abated, or mitigated.
(f) All building construction shall comply with the
requirements of the state building code under RSA 155-A.
(g) Design drawings and specifications for the construction
project shall bear the stamp and signature of individuals licensed to perform
architecture or engineering in the appropriate disciplines in the state of New
Hampshire. The stamp and signature of the design professionals shall
certify that the project has been designed in compliance with all applicable
building codes and standards.
(h) Verification that construction has been performed
according to state and local building codes and approval of waivers shall be
the responsibility of the local code enforcement official in the municipality
in which the construction takes place, or the state fire marshal in accordance
with RSA 155-A:7.
(i) The design and installation of all lighting systems
shall comply with the “Illuminating Engineering Society, Recommended
Practice: Lighting Educational Facilities,” 2020 edition, as referenced in
Appendix II. Multiple use spaces such as cafeterias, gymnasiums, and
auditoriums shall have illumination for the highest level required by any
planned use.
(j) Educational spaces shall be
constructed to meet or exceed the requirements of the “ANSI S12.60 American
National Standard Acoustical Performance Criteria, Design Requirements, and
Guidelines for Schools Part 1,” 2010 edition, as referenced in Appendix II.
(k) All school facilities shall meet the New Hampshire code
for barrier-free design under Abfd 300.
(l) Prior to construction, including construction in an
existing facility, the school district, public academy, or chartered public
school shall obtain a letter from the state fire marshal stating that the
construction drawings and specifications have been evaluated and approved by
the state fire marshal for compliance with the state fire code under RSA 153:1,
VI-a and Saf-Fmo 300, as amended by the state board of fire control and
ratified by the general court pursuant to RSA 153:5.
(m) Windows and doors shall be labeled with identifiers, such
as a number or letter, clearly visible to first responders to assist them to
effectively respond to an emergency.
(n) All nurse’s spaces shall meet the following criteria to
provide adequate health services and ensure the privacy and health of all
students, including:
(1)
A waiting area separate from other spaces;
(2)
Space for examining patients that includes a sink with hot and cold water;
(3)
A patient isolation area; and
(4) A restroom, or an adjacent one, which meets
current accessibility requirements pursuant to Abfd 300.
(o) For school districts, public academies, or chartered
public schools that do not have a nurse on staff, a plan approved by the school
board or board of trustees shall be implemented that provides sufficient health
services and ensures the privacy and health of all students.
(p) Sufficient storage shall be provided for the proper
storage of cleaning supplies, tools, spare parts, unused furniture, equipment
not in use, and other like items required for custodial and maintenance
activities.
(q) Emergency shower and eye wash stations shall be
available in all science labs, automotive shops, and other places where
hazardous liquids or open flames are frequently used and compliant with the
“ANSI Z-358.1 American National Standard for Emergency Eyewash and Shower
Equipment,” 2014 edition, as referenced in Appendix II.
(r) All laboratories and combination lab-classrooms that use
chemicals, hazardous tools, or other potentially hazardous items, shall be
operated to reduce potential hazards by providing at least 50 net square feet
per pupil for each lab and at least 60 net square feet per pupil for each
combination lab-classroom.
(s) All kitchen and cafeterias spaces shall meet the
following standards:
(1)
The kitchen and cafeteria are sized to allow each student a minimum of 10
minutes, not including service time, to sit at a table and consume a meal
during a specified lunch period;
(2)
The cafeteria size will be based upon 15 square feet per student for the
maximum number of diners in any given lunch period. The throughput of the
serving line(s) shall ensure all students can be served in the allotted time
and no student has to wait for a seat to become vacant before eating; and
(3)
The kitchen is of sufficient size to allow the proper installation of all
necessary equipment with the necessary spacing between appliances to meet the
applicable safety requirements as specified by the manufacturer, the state
building code under RSA 155-A, and the New Hampshire department of labor.
(t) School districts, public academies, and chartered public
schools shall install water bottle filling stations in accordance with RSA
200:11-b.
(u) All playgrounds shall meet RSA 155:83 regarding
accessibility.
(v) Prior to student occupancy, the school district, public
academy, or chartered public school shall obtain an approval to operate from
the department in accordance with Ed 320.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24 (formerly Ed
321.16); ss by #14215, eff 3-14-25
Ed 321.04 Building Aid Eligibility.
(a) Only school districts as defined in RSA 198:15-a, I-a
and charter schools shall be eligible to apply for and receive building aid.
(b) A charter school shall
not be eligible for building aid until the state board has approved the
school’s asset disposition pursuant to RSA 194-B:3, II(z).
(c) Pursuant to RSA
198:15-a, II-a, any charter school building to be improved or constructed shall
be owned by the charter school to be eligible for building aid and shall be
subject to a plan for the disposition of the charter school’s assets as
approved by the state board.
(d) To be eligible for building aid, project applications
shall be limited to the following:
(1)
The construction of a new school building;
(2)
Additions to existing buildings;
(3)
Land and site development associated with (1) or (2) above;
(4)
Substantial renovation that meets Ed 321.05; and
(5)
Air quality and energy efficiency projects as described in Ed
321.06.
(e) If the project requires land acquisition, to be eligible
to apply for building aid, the applicant shall
acquire land before the time of application or have a legal agreement in
place subject to receiving building aid.
(f) To be eligible for building aid, applicants shall
propose the least costly building project, as shown by a feasibility study
completed in accordance with Ed 321.13.
(g) To be eligible for building aid, applicants shall have a
5 year or more annual budget history supporting good maintenance and have a
preventative maintenance plan in place to support ongoing good maintenance in
accordance with Ed 321.15(j).
(h) To be eligible to receive building aid, projects shall
receive voter approval from the legislative body of the public school district
or the charter school’s board of trustees approving the construction project,
even if no local funds are required for the project.
(i) To be eligible to receive building aid, projects shall
require a formal commissioning process for the heating, ventilating, and air
conditioning (HVAC) systems start-up and initial operation, including the
following:
(1)
At a minimum, the construction documents require the development of a written
commissioning plan specific to the project;
(2)
The commissioning plan identifies a process to ensure that prior to project
completion, all HVAC systems perform in accordance with the design intent; and
(3)
The commissioning plan includes, but is not limited to, verification and
functional performance testing on all HVAC equipment and controls, in all
operating modes.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.05 Substantial Renovation. Eligibility
for school building aid for substantial renovations as authorized by RSA
198:15-b, II(c) shall be determined as follows:
(a) The substantial renovation project shall bring the space
up to new condition or prepare the space for a new or different use;
(b) The substantial renovation project cost shall exceed 25
percent of the construction cost of a new building or $5 million, whichever is
lower;
(c) For the purposes of determining (b) above, 25 percent of
the construction costs of a new building shall be calculated as the maximum
building size in square feet per Ed 321.09, multiplied by the maximum allowable
construction cost in dollars per square foot per Ed 321.22, and multiplied by
25 percent; and
(d) Renovation work done as a result of adding an addition
to an existing building or as a result of installing an air quality and energy
efficiency projects shall not be subject to (a), (b), and (c) above.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24 (formerly Ed
321.25); ss by #14215, eff 3-14-25
Ed 321.06 Air Quality and Energy Efficiency Projects.
(a) Projects intended to improve air quality or energy
efficiency shall be eligible to receive school building aid in accordance with
RSA 198:15-b, II(e) and shall not be subject to the requirements of Ed 321.05
or Ed 321.30(a).
(b) Air quality or energy efficiency projects may be
financed through a lease-purchase agreement with a vendor.
(c) A copy of the lease-purchase agreement shall be
submitted to the department with the notice of completion information in Ed
321.28, and the agreement shall clearly indicate:
(1)
The costs of labor and equipment separate from rental costs;
(2)
Utility costs;
(3)
Maintenance service costs; and
(4)
Interest or any other charges that are not eligible for school building aid per
Ed 321.32(c).
(d) All grant amounts awarded for lease-purchase agreements
shall be returned to the state if such equipment is removed from the school
building by the vendor due to the school district's or charter school’s failure
to comply with the terms of the lease-purchase agreement per RSA 198:15-b,
II(e).
(e) Lease-purchase agreements shall be subject to the
requirements of RSA 33:7-e.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24 (formerly Ed 321.29); ss by #14215,
eff 3-14-25
Ed 321.07 Maximum Standards for School Building Aid
for Land Acquisition.
(a) In accordance with RSA 198:15-b, III(c), school building
aid for land acquisition shall be limited to the cost of:
(1)
Twenty acres of usable land plus one acre for every 100 students or fraction
thereof for elementary school buildings;
(2)
Twenty-five acres of usable land plus one acre for every 100 students or
fraction thereof for middle school buildings; and
(3)
Thirty acres of usable land plus one acre for every 100 students or fraction
thereof for high school buildings.
(b) Land acquisition for school buildings that house
combinations of 2 or more levels shall be subject to the limits for the highest
level to be educated in that school building.
(c) Wetland areas and required setbacks, areas with slopes
in excess of 60 percent, areas with extensive amounts of bedrock within 6 feet
of the surface, and areas known to be contaminated with hazardous materials
shall not be considered usable land for the purpose of comparing a given site
to the maximum site sizes in (a) above.
(d) For purposes of this section, every acre of land in a
contiguous building site shall be assumed to have equal value which shall be
determined by dividing the total cost of the land by the number of acres.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24 (formerly Ed 321.04); ss by #14215,
eff 3-14-25
Ed 321.08 Calculation of
Design Capacity.
(a) Design capacity shall be the projected enrollment
determined by (b) below, divided by:
(1)
For elementary school buildings, 0.95;
(2)
For middle school buildings, 0.90; and
(3)
For high school buildings, 0.85.
(b) The projected enrollment shall be the maximum published
value in the 5-year projection using a statistically valid process and the most
updated birth rates published by the New Hampshire division of vital records
administration in the office of the secretary of state.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24 ss by #14215, eff 3-14-25
Ed 321.09 Maximum Sizes for School Buildings.
(a) For the purposes of this section, “special education
student” means a student with a disability as defined by the Individuals with
Disabilities Educational Act (IDEA).
(b) The maximum size of a
school building that is eligible for building aid shall be the sum of the
baseline square footage determined by (c) below, plus the special education
square footage determined by (e) below, plus the concentration of poverty
add-on in (g) below, plus the English language learner (ELL) add-on in (i)
below.
(c) Subject to (d) below, for the purpose of determining the
maximum building size eligible for building aid, the maximum allowable gross
square footage (GSF) per student shall be limited to the following:
Table
321-1 Baseline Gross Square Footage
|
Design Capacity |
Elementary School GSF per Student |
Middle School GSF per Student |
High School GSF per Student |
|
100 students or less |
167 |
180 |
200 |
|
101-150 |
161 |
180 |
200 |
|
151-200 |
156 |
176 |
200 |
|
201-250 |
152 |
172 |
198 |
|
251-300 |
149 |
169 |
195 |
|
301-350 |
147 |
167 |
193 |
|
351-400 |
146 |
166 |
192 |
|
401-450 |
145 |
165 |
191 |
|
451-500 |
144 |
164 |
190 |
|
501-550 |
143 |
163 |
189 |
|
551-600 |
142 |
162 |
188 |
|
601-650 |
141 |
161 |
187 |
|
651-700 |
140 |
160 |
186 |
|
701-750 |
139 |
159 |
185 |
|
751-800 |
138 |
158 |
184 |
|
More than 800 students |
137 |
157 |
183 |
(d) Individual buildings that house combinations of 2 or
more levels shall be subject to the limits for the highest level to be educated
in the building.
(e) The special education add-on, in square feet (sf), shall
be based on Table 321-2 below:
Table
321-2 Special Education Add-On
|
Special Education Students |
Grades K-12 |
|
1-24 students |
1,200 sf |
|
25 or more students |
50 sf per student |
(f) The number of special education students for (e) above
shall be averaged over the previous 5 years and rounded up to the nearest whole
number.
(g) The concentration of poverty add-on, in sf, shall be
based on Table 321-3 below:
Table
321-3 Concentration of Poverty Add-On
|
Free or Reduced Cost Meal Rate |
<600 students |
600-900 students |
>900 students |
|
Below 55% |
0 sf |
0 sf |
0 sf |
|
55% |
1,000 sf |
1,500 sf |
2,000 sf |
|
60% |
1,300 sf |
1,800 sf |
2,300 sf |
|
65% |
1,600 sf |
2,100 sf |
2,600 sf |
|
70% |
1,900 sf |
2,400 sf |
2,900 sf |
|
75% |
2,200 sf |
2,700 sf |
3,200 sf |
|
80% or more |
2,500 sf |
3,000 sf |
3,500 sf |
(h) The free or reduced cost meals rate for (g) above shall
be averaged over the previous 5 years and the square footage add-on for rates
that fall between the published values shall be scaled proportionally and
rounded up to the nearest square foot.
(i) The ELL add-on, in sf, shall be based on Table 321-4 below:
Table
321-4 ELL Add-On
|
ELL Rate |
<600 students |
600-900 students |
>900 students |
|
Below 10% |
0 sf |
0 |
0 |
|
10% |
500 sf |
1,000 sf |
1,500 sf |
|
20% |
750 sf |
1,250 sf |
1,750 sf |
|
30% |
1,000 sf |
1,500 sf |
2,000 sf |
|
40% or more |
1,250 sf |
1,750 sf |
2,250 sf |
(j) The ELL rate for (i) above shall be averaged over the
previous 5 years, and the square footage add-on for rates that fall between the
published values shall be scaled proportionally and rounded up to the nearest
square foot.
(k) For the purposes of determining the maximum size of a
school building that is eligible for building aid, the following shall apply:
(1)
The size of a school building is measured as a gross area from the outside face
or exterior walls, and shall include all enclosed areas including existing
spaces, except as specified in (2) below;
(2)
For renovations, existing areas open to below and areas dedicated to mechanical
systems shall not be included in the size of the school building; and
(3)
For new construction, areas open to below, except for gymnasiums, auditoriums,
and other areas which require open areas to function as its intended use shall
be included in the calculation of the maximum building size.
(l) Selected areas within a school building may be
constructed in a size large enough to accommodate use of the building for
community purposes other than education. School building aid,
however, shall be limited to the maximum allowable size and maximum allowable
construction cost limits as described in Ed 321.09 and Ed 321.22.
(m) Required educational space shall not be eliminated or
reduced in order to provide community use space within the maximum size and
cost limits.
(n) The GSF baselines shall be used for determining the
maximum building size eligible for building aid.
(o) A school board or board of trustees may challenge the
baselines for a given project by submitting a waiver request in accordance with
Ed 321.34 at least 90 days prior to submitting a building aid
application.
(p) Projects funded prior to fiscal year 2026 shall adhere
to the maximum eligible building size standard in effect at the time of
application.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24 (formerly Ed
321.06); ss by #14215, eff 3-14-25
Ed 321.10 Minimum Safety Construction Standards for
School Building Aid Recipients.
(a) School building aid projects for the construction of a
new school building shall implement, at a minimum, the following:
(1)
The project shall have the following site planning and traffic flow measures in
place, including but not limited to:
a.
In consultation with the local police and local fire departments, fencing with
site security gates at fire lanes to prevent non-authorized vehicles from
driving around the sides or back of the building;
b.
Exterior signage at all exterior doors to clearly indicate where the front
office is located;
c.
Traffic patterns in the parking lot that are clearly marked and lead visitors
to the main entrance;
d.
Proper staging areas for emergency operations;
e.
Traffic flow that separates regular vehicles and bus traffic;
f.
Well lighted parking areas, primary entrance, and pedestrian pathways; and
g.
If supported by the local emergency personnel, a secure lock box in a safe
location away from the building, such as near the driveway entrance, that
allows school officials to store entrance keys, access cards, and critical
documents such as blueprints, floor plans, pre-fire plans, evacuation
procedures, shut-off valve locations, and disclosures of hazardous materials;
(2)
The project shall have the following building entry control measures in place,
including but not limited to the following:
a.
An electronic door locking system that can control access with a proximity
reader, or similar, and allows administrators to effectively restrict access
remotely;
b.
A secure and monitored single point of entry;
c.
Internal and external cameras as part of a surveillance system that school
officials have access to onsite and remotely;
d.
All exterior emergency egress doors equipped with alerting systems that signal
if the doors are opened;
e.
All windows and doors labeled with identifiers such as a number or letter that
is clearly visible to first responders to assist them to effectively respond to
an emergency;
f.
If the building will be used as a polling place, a way to secure the offices
and classrooms from the voting area;
g.
A locked security vestibule at the main entrance of the building that allows
visitors to enter the vestibule and be identified by the main office before
they are approved for entrance into the school building;
h.
At a minimum, a dehumidification system for temperature and comfort control;
and
i.
At a minimum, installation of security film at least 14 millimeters thick
on all exterior door vision panels and sidelites;
(3)
The project shall have the following communication and alarm systems installed
and in place, including but not limited to the following:
a.
A fire alarm system that incorporates a positive alarm sequence to clearly and
quickly inform building occupants on how to take action;
b.
A security alarm system that incorporates intrusion detection, access control,
video surveillance, and fire alarm testing into one system;
c.
The necessary transmitters, receivers, and repeaters to ensure radio
communications by emergency personnel;
d.
A public address (PA) system that can be accessed from inside of the main
office, classrooms, and common areas, with interior and exterior speakers to be
properly heard, and that have the ability to make an all call in the event of
an emergency. The PA system shall be interoperable with the first responders’
system, if applicable;
e.
Panic buttons to notify the authorities and put out a message to the rest of
the building occupants; and
f.
Fire doors that are programmed to remain locked upon fire alarm activation and
power loss so they allow exiting the building but not entry; and
(4)
The project shall have the following classroom features in place, including but
not limited to the following:
a.
Door locking mechanisms on all interior doors to education spaces that students
can access such that the door can be locked from both sides and unlocked from
inside without a key, tool, or special knowledge; and
b.
Where possible, an established area in the classroom that is not readily
visible when looking into the classroom from the hallway.
(b) School building aid for additions to existing buildings
shall include the items listed in (a) above for the addition section of the
building, where applicable.
(c) School building aid for substantial renovation projects,
as defined by Ed 321.05, shall include the items listed in (a) above for the
areas that are being substantially renovated, where applicable.
(d) A school board or board of trustees may request a waiver
under Ed 321.34 for the minimum safety construction standards, provided that
the local police and fire departments support the request.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.11 Educational Specifications.
(a) Educational specifications shall be established by the
school district or charter school with input from the community, educators, the
facility manager, school board or board of trustees members, and school
administration.
(b) Educational specifications shall include the following:
(1)
The goals and objectives of the project;
(2)
Policies that relate to space needs such as class size limits, grade
configurations, and multi-age classrooms;
(3)
The number of people to be housed and how that number was determined;
(4)
A description of the programs to be housed; and
(5)
A description of the general facility needs to meet the goals and objectives of
the project, including:
a.
The individual spaces needed in the building and the desired characteristics of
each space in general terms;
b.
The desired adjacencies between spaces;
c.
Clear objectives and priorities for design elements such as minimum
requirements for acoustics, daylighting, energy efficiency, indoor air quality,
thermal and visual comfort, use of environmentally preferable materials, siting
considerations, and any other factors which the school district or charter school considers important;
d.
Other facility characteristics such as limits on exterior glass or glass in
high-capacity areas, space needs for check-in procedures, and space needs for
voting use or other community uses; and
e.
The necessary site considerations.
(c) Educational specifications submitted as part of the
building aid application shall be approved by the local school board or board
of trustees prior to submitting the application.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.12 Needs Assessment.
(a) The needs assessment shall assess the current condition
of the facility, including but not limited to the following:
(1)
Building envelope and interior spaces;
(2)
Life safety code;
(3)
Building code;
(4)
Mechanical, electrical, plumbing, and structural systems;
(5)
Accessibility;
(6)
Environmental conditions, including but not limited to:
a.
Indoor air quality;
b.
Lighting;
c.
Acoustics; and
d.
Sanitation;
(7)
Building systems and equipment;
(8)
Safety and security; and
(9)
Energy use.
(b) The condition of the facility shall be assessed by a
third-party licensed engineer, a licensed architect, or other qualified
professional.
(c) In addition to the above, the needs assessment shall
assess, including but not limited to, the following:
(1)
The suitability of the facility to meet the educational needs of the school
district or charter school, as identified in the educational specifications;
(2)
A summary of the space needed; and
(3)
The gap that exists between the current state and desired state of the school
district’s or charter school’s programmatic needs, and the factors that can be
attributed to this gap.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.13 Feasibility Study.
(a) Prior to submittal of a building aid application, a
feasibility study shall be created to evaluate, at minimum, the following:
(1)
Renovation only;
(2)
Renovation with new construction;
(3)
New construction only; and
(4)
Not constructing at all.
(b) The feasibility study shall include but not be limited
to:
(1)
A life-cycle cost estimate for each option that considers the following costs:
a.
Capital;
b.
Maintenance;
c.
Transportation;
d.
Energy;
e.
Staff salary and benefits; and
f.
Any other costs associated with the operation and maintenance of the building;
and
(2)
The pros and cons for each option based on the educational specifications
created in accordance with Ed 321.11 and the needs assessment completed in
accordance with Ed 321.12.
(c) The feasibility study shall be completed by a licensed
architect, or other qualified professional.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.14 School Building Aid Application Submittal.
(a) To be considered for building aid, completed
applications shall be filed with the department no later than April 1, in
accordance with RSA 198:15-c, I(b).
(b) The application submitted shall include the information
identified in Ed 321.15.
(c) Hard copies of the application and attachments shall be
submitted upon request of the department.
(d) The department shall notify the applicant within 30 days
of receipt of an application that either:
(1)
The application is complete and approved for project ranking; or
(2)
The application is incomplete and is not approved for project ranking.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.15); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.15 School Building Aid Application
Information. The following information shall be included when
submitting a building aid application:
(a) General project information including:
(1)
Project location;
(2)
Contact person;
(3)
Estimated cost of the project;
(4)
Grade span; and
(5)
Brief description of the project;
(b) Identification of architect and the owner’s project
manager (OPM), if required by RSA 198:15-c;
(c) Identification of the total number of students,
full-time staff, student drivers, and the anticipated number of parking spaces
after project completion;
(d) The educational specifications in accordance with Ed
321.11;
(e) A needs assessment of the existing building in
accordance with Ed 321.12;
(f) A feasibility study in accordance with Ed 321.13;
(g) If seeking ranking points for school security per Ed
321.16(f)(2), a copy of a school security assessment not more than 3 years old,
completed by the New Hampshire homeland security and emergency
management;
(h) A completed “School Building Aid Condition Evaluation
Form,” February 2025;
(i) The net energy use intensity (net EUI) of the existing
facility over the past 5 years and the estimated net EUI of the proposed
facility 5 years following completion of construction;
(j) A summary of the school district’s or charter school’s
commitment to good maintenance including, but not limited to:
(1)
A description of the capital reserves program or other capital savings program;
(2)
The history of the school district’s or charter school’s annual budget for the
past 5 years, to support good maintenance; and
(3) A description of how
the school district or charter school budgets for preventative maintenance and
long-term capital improvements;
(k) The design capacity and the calculations and data used
to determine the design capacity in accordance with Ed 321.08;
(l) Square footage of the building before and after
construction;
(m) Budget and financial information, including but not
limited to, the following:
(1)
Estimated project budget and unit costs;
(2)
Anticipated funding sources and anticipated amounts from each source;
(3)
Amount of school district or charter school debt;
(4)
Total assessed valuation; and
(5)
Percent debt to valuation;
(n) A statement of assurance, signed by the chair of the
school board or board of trustees, which indicates the following:
(1)
Maintenance and service for all installed equipment at the school facility
shall be according to the manufacturer’s instructions;
(2)
Property insurance to pay for damages resulting from weather and other natural
events shall be maintained;
(3)
Ongoing operations and maintenance shall be provided in accordance with Ed
321.31;
(4)
Plans shall be submitted to the state fire marshal’s office for a plan
review prior to construction;
(5) Energy efficiency
reimbursement applications shall be submitted to the school district’s or
charter school’s regulated utility provider; and
(6)
A request for project review shall be submitted to the department of cultural
resources, division of historical resource, prior to construction;
(o) School board or board of trustees meeting minutes
approving the project, which clearly identify the following:
(1)
The project as described in the building aid application;
(2)
The total project costs listed in the building aid application; and
(3)
A statement that the project shall be put forth for voter consideration subject
to receiving building aid;
(p) An aerial view of the existing building(s) with the
total square footage and the year of construction labeled for the original
building and any additions;
(q) Site plan which indicates the boundaries of school-owned
property to be developed, the location of proposed construction, location of
wetlands and bodies of water, and location of existing structures;
(r) Preliminary design plans that have the following:
(1)
Labels for the proposed use of each space;
(2)
Labels for the square footage of each space, excluding spaces less than 100
square feet;
(3)
The total square footage of each level; and
(4)
The overall exterior building dimensions;
(s) A plan with each space color coded by the primary use as
follows:
(1)
General studies, shaded green;
(2)
Specialized educational spaces such as world language, art, and music, shaded
blue;
(3)
Special education areas such as speech and language pathology rooms,
occupational therapy and physical therapy rooms, and case manager rooms, shaded
purple;
(4)
Core spaces such as library and media center, kitchen, cafeteria, and gymnasium
spaces shaded yellow;
(5)
Administrative areas such as reception areas, vestibule areas, copy and storage
rooms, nurse’s office, guidance offices, social worker offices, staff rooms,
and conference rooms, shaded orange; and
(6)
Building services and miscellaneous areas such as bathrooms, server rooms,
custodial closets, mechanical rooms, corridors, and stairs, shaded gray;
(t) A summary table of the total square footage for each of
the color-coded categories listed in (s) above;
(u) If the project includes a new site location, site
information including but not limited to:
(1)
The total usable area;
(2)
Descriptions of the restrictions the site might have;
(3)
The status of any necessary testing and permitting;
(4)
The existing grading plan; and
(5)
A copy of the appraisal conducted as part of the land acquisition;
(v) For charter schools, a
copy of the school’s disposition plan pursuant to RSA 194-B:3, II(z); and
(w) A digital copy of the application.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.16); ss by #14023, eff 7-12-24; ss by #14315, eff 3-14-25
Ed 321.16 Steps in the Procedure for Approval of School
Building Aid.
(a) The department shall begin the evaluation of projects
once all school building aid applications have been submitted and received.
(b) The department shall conduct a site visit to the project
location to verify the information submitted in the application, subject to the
availability of time and funds for making such visits.
(c) The department shall award points, up to the maximum,
for each category listed in (f) below and addressed in the project application.
Points shall not be awarded in categories that are not included in the project.
(d) The department shall evaluate the information provided
by the applicant pursuant to Ed 321.15(d)-(i) to determine the awarding of
points and ranking of projects.
(e) For each project application, the categories in (f)
below shall be evaluated in comparison to the other submitted project
applications.
(f) Projects shall be scored in the following categories:
(1)
Correcting unsafe conditions that are identified in the needs assessment
submitted as part of the application per Ed 321.15(e), 200 points possible;
(2)
Correcting building or site deficiencies that involve construction or
substantial site modifications and that are identified in the school security
assessment submitted as part of the application per Ed 321.15(g), 100 points
possible;
(3)
Updating obsolete, inefficient, and unsuitable mechanical, electrical,
plumbing, or structural building systems, including correcting deficiencies
with ADA, identified in the needs assessment submitted as part of the
application per Ed 321.15(e), 100 points possible;
(4)
Updating obsolete, inefficient, and unsuitable educational spaces, identified
in the educational specifications and needs assessment submitted as part of the
application per Ed 321.15(d) and (e), 100 points possible;
(5)
Correcting overcrowding conditions and associated influences to instructional
areas and programming, as identified in the needs assessment submitted as part
of the application per Ed 321.15(e), 75 points possible;
(6)
Addressing enrollment projections and population shifts, as identified in the
needs assessment submitted as part of the application per Ed 321.15(e), 50
points possible;
(7)
Contributing to operational cost efficiencies which reduce the school
district’s or charter school’s budget such as consolidating buildings or
reducing transportation costs, as identified in the feasibility study submitted
as part of the application per Ed 321.15(f), 75 points possible;
(8)
The difference between 200 and the building aid factor, 200 point possible,
determined as follows:
a. For school districts, the building aid factor
is calculated in accordance with RSA 198:15-v, I(c) and rounded to the nearest
whole number; or
b. For charter schools, the building aid factor
is calculated in accordance with RSA 198:15-v, I(c), using the municipality in
which the charter school is located, and rounded to the nearest whole number;
and
(9)
The difference between the existing net EUI and the proposed net EUI, as
identified in the application per Ed 321.15(i), 100 points possible.
(g) Projects shall be ranked in descending order with the
project receiving the highest score ranked first, with the following
exceptions:
(1)
An emergency project, defined by RSA 198:15-c, I(c), shall rank ahead of all
the others, including those previously ranked;
(2)
Except as allowed by (1) above, an application that was on the prioritized list
in the previous year and has provided the required items in Ed 321.17(i) shall
be ranked ahead of any application that was not on the list in the previous
year;
(3)
If 2 or more applications receive the same number of points, the tie scores
shall be ranked according to the number of points scored in (f)(1) above, the
unsafe conditions category;
(4)
If a tie score remains after ranking for unsafe conditions, the remaining tie
scores shall be ranked according to the sum of the points scored in (f)(8)
above; and
(5)
If a tie score remains after ranking for (4) above, the school building
authority shall determine the ranking of those applications.
(h) Conditions that result from insufficient maintenance or
neglect as described in Ed 321.32(f)(2) shall not be considered for
points.
(i) By August 1, the department shall submit a prioritized
list of applications to the school building authority, along with the scoring
results of each criterion in (f) above, and the maximum award amount calculated
in accordance with Ed 321.19.
(j) The school building authority shall verify the ranking
submitted by the department.
(k) By October 15, the school building authority shall
submit a list in descending rank order to the state board.
(l) If the school building authority determines that the
department failed to comply with the requirements of Ed 321 or RSA 198:15-c in
developing the prioritized list, the list shall be returned to the department
for appropriate corrective actions.
(m) By November 15, the state board shall approve and
publish the descending rank ordered list.
(n) Projects listed on the descending rank order list
approved by the state board on November 10, 2022, shall be placed on the
prioritized list in 2025 in the same rank order ahead of any new applications
received, provided that the applicant submits the items in Ed 321.17(i) and Ed
321.35 by May 1, 2025.
(o) School districts or charter schools shall have 14
calendar days following the publication of the prioritized list of applications
to file a motion for reconsideration of the prioritized list to the state
board.
(p) The state board shall consider any motions for
reconsideration of the prioritized list at the next regularly scheduled meeting
of the state board.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.17); ss by #14023, eff 7-12-24 (formerly Ed 321.21); ss by #14215,
eff 3-14-25
Ed 321.17 Intent to Fund (ITF) Letter.
(a) The department shall issue an intent to fund (ITF)
letter for the top-ranked projects until all building aid funds available are
allocated, or until no projects remain on the list.
(b) The ITF letter shall include the following:
(1)
Name and address of the school building;
(2)
Project title;
(3)
Maximum grant amount calculated pursuant to Ed 321.19;
(4)
Documentation of building aid rate pursuant to RSA 198:15-b;
(5)
Approved design capacity in accordance with Ed 321.08;
(6)
Maximum eligible land size in accordance with Ed 321.07;
(7)
Maximum eligible building size in accordance with Ed 321.09;
(8)
Maximum allowable construction cost standard in accordance with Ed 321.22;
(9)
Documentation of any waiver decisions requested as part of the application in
accordance with Ed 321.34; and
(10)
Any other information the department deems necessary to ensure a successful
project.
(c) The superintendent or charter school director shall have
30 calendar days to sign and submit the ITF letter to the department before the
funds are offered to the next highest-ranked project.
(d) Except as allowed in (g) below, project applicants that
did not sign and submit the ITF letter within 30 calendar days shall not return
to the prioritized list, but the school district or charter school may reapply.
(e) By submitting the signed ITF letter, the school district
or charter school shall have 32 months to obtain approval from the school
district’s legislative body or charter school’s board of trustees.
(f) For applicants that signed and submitted the ITF letter,
the superintendent or charter school director or designee thereof shall submit
to the department quarterly updates on the project status until a notice of
completion has been submitted to the department in accordance with Ed
321.27.
(g) Project applicants that were offered a reduced award due
to the lack of state building aid funds and did not sign and submit the ITF
letter within 30 calendar days shall return to the prioritized list in the same
ranked order provided the items in (i) below are submitted by the following May
1.
(h) Except for projects that received a building aid award,
any ITF letter shall be reissued in accordance with these rules.
(i) Project applicants that did not receive an ITF letter
shall return to the prioritized list in the same ranked order, provided the
following is submitted by May 1 each year:
(1)
Except as allowed by (j) below, an attestation that construction has not
started;
(2)
Updated estimated project costs and documents, if applicable;
(3)
Meeting minutes from the school board or board of trustees approving the
following:
a.
The board’s desire to have the project remain on the prioritized list;
b.
The estimated project cost listed on the application or as revised in (2)
above; and
c.
If the project applicant is a school district, a statement that if the project
is selected for building aid, the board has a desire to seek approval from the
district’s legislative body to construct the project subject to receiving
building aid; and
(4)
If applicable, an updated project scope, revised plans, and a description of
why these changes do not impact the ranking.
(j) Improvements made to the school facility to address any
deficiency in which the project was ranked on, including health, safety, or
energy efficiency improvements, shall not remove the project from the ranked
list unless specific in (d) above, or (k)-(n) below. Any work done prior to
receiving a grant award notification (GAN) in accordance with Ed 321.18 shall
not be eligible for building aid.
(k) If project applicants fail to submit the items in
accordance with (i) above, the project shall not return to the prioritized
list, but the school district or charter school may reapply.
(l) Except for improvements allowed by (j) above, if changes
are made to the proposed project and the proposed project no longer addresses
the criteria for which the original application was scored and ranked, the
project shall not return to the prioritized list, but the school district or
charter school may reapply.
(m) Projects that have a signed ITF letter but were unable
to obtain approval from the school district’s legislative body or charter
school’s board of trustees within 32 months of the date of issuance shall
forfeit the award and not return to the prioritized list, but the school
district or charter school may
reapply.
(n) Projects that have a signed ITF letter but were unable
to submit the documentation required in Ed 321.18(a) by June 30, 12 months
following the approval from the school district’s legislative body or charter
school’s board of trustees, shall forfeit the award and not return to the
prioritized list, but the school district or charter school may reapply.
(o) A school board or board of trustees may request a waiver
pursuant to Ed 321.34 for the amount of time needed to complete (n) above,
provided there is an agreed upon timeline between the school district or
charter school and the department, and the delay is due to an unanticipated
event.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.18); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.18 Grant Award Notification (GAN).
(a) The department shall issue a GAN to a school district or
charter school upon submittal of:
(1)
A copy of the signed ITF letter submitted in accordance with Ed 321.17(c);
(2)
Proof of voter approval from the legislative body of the public school district
or the charter school’s board of trustees approving the construction project,
subject to receiving building aid, and appropriating the local share of funds
necessary to complete the project;
(3)
Updated cost estimates and proof of funding sources for the project, including
but not limited to:
a.
A copy of the signed loan agreement authorizing the loan amount and school
board’s or board of trustee’s approval of the loan agreement or other assurance
of securing the necessary funding to complete the project;
b.
Proof of approval for capital revenues expenditures;
c.
Proof of the receipt of charitable trusts, bequests, gifts, and insurance
policies; or
d.
Proof of other sources of funding;
(4)
Final project budget for review and approval;
(5)
Subject to (6) below, updated project construction plans prepared by a licensed
architect and engineer;
(6) For school districts that submit a phased
project plan in accordance with (11) below, construction plans shall encompass,
at a minimum, the first phase identified in the phased project plan;
(7)
A copy of a signed construction contract between the school district or charter
school and a contractor authorized to conduct construction business in New
Hampshire by the secretary of state;
(8)
A letter from the state fire marshal’s office approving the construction
project or the first project identified in the phase project plan, as
applicable;
(9)
Documentation that a request for project review was completed by the New
Hampshire division of natural and cultural resources;
(10)
Proof of federal, state, and local permits necessary to start construction; and
(11) For school district applicants requesting to
submit payment requests for each phase of the construction project as outlined
in Ed 321.25(d), a phased project plan including the following:
a. A description of the scope of work for each
phase of the project;
b. The estimated start and end dates of each
phase; and
c. The estimated budget for each phase where the
total does not exceed the maximum grant award calculated pursuant to Ed 321.19.
(b) The GAN shall include required items for initial and
final payment in accordance with Ed 321.25,
Ed 321.26, and Ed 321.27.
(c) The GAN shall include the maximum eligible costs
calculated in accordance with Ed 321.22 and may be adjusted each year in
accordance with Ed 321.22(c).
(d) The superintendent or
charter school director shall have 30 calendar days to sign and submit the GAN,
or the award shall be forfeited and the project shall not be returned to the
prioritized list.
(e) Willful failure to follow any requirement of these rules
shall be grounds for withdrawal of the GAN to the school district or charter
school and shall include repayment of funds previously disbursed to the school
district or charter school, if so ordered by the state board.
(f) A school board or board
of trustees may request a waiver pursuant to Ed 321.34 to request the
department issue a GAN without the letter from the state fire marshal’s office
required in (a)(8) above, so long as:
(1) An application for project approval has been
submitted to the state fire marshal’s office;
(2) There is an agreement between the school
district or charter school and the department specifying the scope of work that
is allowed to be completed prior to receiving an approval letter from the state
fire marshal’s office; and
(3) Any work that needs to be redone based on a
review by the state fire marshal’s office shall not be eligible for school
building aid.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.19);
ss by #14023, eff 7-12-24; ss by #14215,
eff 3-14-25
Ed 321.19 Maximum Building Aid Award Amount.
(a) The maximum building aid award amount shall be the
maximum amount of building aid the school district or charter school is
eligible for based on the application submitted to the department.
(b) The maximum building aid award amount shall be the
estimated project costs multiplied by the building aid rate or the balance of
the building aid appropriation that fiscal year, whichever is lower.
(c) The estimated project cost is the sum of the following:
(1)
Eligible site costs per Ed 321.20;
(2)
Eligible construction costs per Ed 321.21;
(3)
Eligible administrative costs and contingency per Ed 321.23; and
(4)
Eligible fees and services costs per Ed 321.24.
(d) Project costs not included in the maximum building aid
amount and not eligible for building aid include the following:
(1)
Site acquisition and site development costs for sites that exceed Ed 321.07
maximum standards for school building aid for land acquisition;
(2)
Project costs for buildings that exceed Ed 321.09 maximum sizes for school
buildings;
(3)
Construction costs that exceed Ed 321.22 maximum allowable construction costs;
and
(4)
Costs for ineligible items known at the time of the application, including but
not limited to items in Ed 321.32.
(e) If available building aid funds in a given fiscal year
are insufficient to meet the maximum building aid award, the maximum building
aid award shall be reduced to the balance of funding available in that fiscal
year.
(f) The actual amount of building aid granted shall be
determined upon completion of construction and by a review of the eligible
project costs submitted to the department in accordance with Ed 321.28.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.20); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.20 Site Costs.
(a) The following site costs shall be eligible for building
aid:
(1)
Land acquisition costs, including land purchased in years prior, provided it
was purchased for the purposes of constructing a school building;
(2)
Legal or administrative costs associated with the acquisition; and
(3)
Site development costs, including:
a.
The work required to prepare the land for construction;
b.
Work required to bring and connect utility services from the property boundary
to the building; and
c.
Work for onsite utility infrastructure such as power, fuel connections and
storage, onsite septic, sewer, data and cabling, and site lighting.
(b) Site acquisition costs for land that exceed the maximum
site standards in Ed 321.07 shall not be eligible for building aid and shall
not be included in the maximum building aid award.
(c) Only work on the site owned by the school district or
charter school shall be eligible for building aid. Work to bring utilities to
the site from locations that are not immediately adjacent to the property owned
by the school district or charter school shall not be eligible for building
aid.
(d) For the purposes of calculating the maximum building aid
award, site acquisition costs shall be limited to market value as determined by
an appraisal conducted as part of the land acquisition.
(e) For the purposes of calculating the maximum building aid
award, eligible site development costs shall not exceed 15 percent of the total
eligible project costs less site costs.
Source. #8265, eff 1-22-05; amd by #8631, eff
5-19-06; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed
321.21); ss by #14023, eff 7-12-24; ss
by #14215, eff 3-14-25
Ed 321.21 Construction Costs.
(a) The following construction costs shall be eligible for
building aid:
(1)
For a new building or addition to an existing building, costs of labor and
materials to erect the building and foundation, except for the cost of site
development beyond 4 feet from the foundation;
(2)
In renovation projects, costs of labor and materials for repairing, replacing,
remodeling, or altering the existing structure or building systems;
(3)
Removal and disposal costs, including hazardous waste disposal costs;
(4)
Equipment that is normally fastened to the structure; and
(5)
Purchase or lease-purchases of mechanical, structural, or electrical equipment.
(b) Construction costs that exceed the maximum allowable
construction costs, calculated in accordance with Ed 321.22, shall not be
eligible for building aid.
Source. #8265, eff 1-22-05; amd by #8631, eff
5-19-06; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed
321.23); ss by #14023, eff 7-12-24
(formerly Ed 321.14); ss by #14215, eff 3-14-25
Ed 321.22 Maximum Allowable Construction Cost.
(a) School building aid grants shall be subject to the
maximum allowable construction cost under RSA 198:15-b, III(a), pursuant to
this section.
(b) The department shall use construction cost and inflation
indices developed by the R.S. Means Company of Kingston, Massachusetts, as the
basis for setting the annual maximum allowable construction cost and publish
the maximum allowable construction cost no later than November 30 of each year.
(c) Subject to (d) below, for the purposes of calculating
the maximum building aid award in Ed 321.19, eligible construction costs shall
be forecasted out to June 30 of the fiscal year the ITF is signed using the
5-year average of the inflation indices reported by the R.S. Means Company of
Kingston, Massachusetts.
(d) If the department has at least 3 localized and school
type specific construction cost data, this data shall be used in place of R.S.
Means Company of Kingston data.
(e) The actual amount of building aid granted for
construction shall be based upon the actual construction cost or the eligible
construction costs forecasted in the GAN, whichever is lower.
(f) For areas of renovation, the maximum building aid award
shall be calculated as the maximum allowable construction cost as calculated in
this section, multiplied by the renovation factor listed in Table 321-5 below:
Table
321-5 Renovations Factor for Calculating the Maximum Allowable Building Aid
Costs
|
Age of Renovated Area (years) |
Renovation Factor for Maximum Allowable Construction
Costs |
|
41 & older |
100% |
|
36-40 |
94% |
|
31-35 |
83% |
|
26-30 |
70% |
|
21-25 |
50% |
|
0-20 |
0% |
Source. #8265, eff 1-22-05; amd by 8631, eff 5-19-06;
ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.24); ss
by #14023, eff 7-12-24; ss by #14215,
eff 3-14-25
Ed 321.23 Administrative Costs and Contingency.
(a) The following administrative costs and contingency shall
be eligible for building aid:
(1)
Moveable equipment costs;
(2)
Advertising and legal costs; and
(3)
Project contingency.
(b) For the purposes of calculating the maximum building aid
award, eligible administrative costs and contingency shall not exceed 15
percent of the total eligible project costs, less site acquisition costs.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.25); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.24 Fees and Services Costs.
(a) The following fees and services costs shall be eligible
for building aid:
(1)
Architectural and engineering fees;
(2)
Permitting and approval fees, except for local fees in accordance with Ed
321.32(d);
(3)
Site selection fees, including but not limited to traffic analyses,
environmental reviews, and other analyses done for the purposes of assessing
the suitability of the site;
(4)
Site survey and site soil fees;
(5)
Construction testing fees;
(6)
OPM, if required by RSA 198:15-c, III;
(7)
Commissioning fees; and
(8)
Subject to (b) below, other professional services.
(b) Fees paid to a cost estimator, construction manager, or
a construction manager at risk shall only be included as fees and services
costs if they are incurred prior to the start of construction. Fees incurred
after the start of construction shall be included under construction costs.
(c) When hiring consultants such as an architect, engineer,
or OPM, the school district or charter school may give preference to
consultants registered to conduct business and with headquarters in the state
of New Hampshire.
(d) For the purposes of calculating the maximum building aid
award, OPM fees shall not exceed 1.5 percent of the total eligible project
costs, less site acquisition costs.
(e) For the purposes of calculating the maximum building aid
award, eligible fees and services costs shall not exceed 10 percent of the
total eligible project costs, less site acquisition costs.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.26); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.25 School Building Aid Payments to School
Districts for Projects Funded After July 1, 2025. For projects that
are funded after July 1, 2025, the following shall apply:
(a) School building aid shall be provided by the department
from funds appropriated by the legislature to eligible school districts in
accordance with RSA 198:15-a and Ed 321;
(b) School building aid shall be paid for construction as
authorized by RSA 198:15-b, II on property owned by a school district or a city
in cities with school departments;
(c) For public school districts that did not submit a phased
project plan in accordance with Ed 321.18(a)(11), the following shall apply:
(1) Upon receipt of a signed GAN, the department
shall disburse a sum equal to 80 percent of the maximum building aid award;
(2) Upon receipt and verification of the notice
of completion in accordance with Ed 321.27, the department shall disburse the
balance of the total grant amount; and
(3) The
final building aid grant amount shall be calculated as the building aid rate
multiplied by the eligible project costs, or the maximum amount of building aid
award calculated in accordance with Ed 321.19, whichever is less;
(d) For public school
districts that submitted a phased project plan in accordance with Ed
321.18(a)(11), the following shall apply:
(1) Upon receipt of a signed GAN, the department
shall disburse a sum equal to 80 percent of the maximum building aid award for
the first phase identified in the phased project plan;
(2) The department shall disburse a sum equal to
80 percent of the maximum building aid award for each additional phase, upon
receipt of the following:
a. Updated construction plans prepared by a
licensed architect and engineer; and
b. A letter from the state fire marshal’s office
approving construction;
(3) Upon receipt and verification of the notice
of completion in accordance with Ed 321.27, the department shall disburse the
final grant amount for each phase, based on the actual costs of the phased
portion of the project;
(4) The final building aid grant amount for each
phase shall be calculated as the building aid rate multiplied by the eligible
project costs, or the maximum amount of building aid award calculated in
accordance with Ed 321.19, whichever is less;
(5) After the balance of a phase is disbursed to
the school district, any unspent building aid funds for the current project
phase shall be allocated in one of the following manners at the discretion of
the school district:
a. The district may wait until completion of the
project to request any remaining unspent funds; or
b. The district may request the unspent funds be
redistributed to the remaining project phases, provided that:
1. The school district updates the phased
project plan; and
2. The revised estimated budget does not exceed
the maximum grant award calculated pursuant to Ed 321.19; and
(e) Projects funded in fiscal year 2024 and fiscal year 2025
shall adhere to the building aid payment standards in effect at the time of
application.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.27); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.26 School
Building Aid Payments to Charter Schools.
(a) School building aid
shall be provided by the department from funds appropriated by the legislature
to eligible charter schools in accordance with RSA 198:15-b and Ed 321.
(b) School building aid
shall be provided for construction as authorized by RSA 198:15-a, II-a on
property owned by a charter school.
(c) For charter school
construction projects, the amount of the building aid grant shall be 30 percent
of the eligible cost of construction in accordance with RSA 198:15-b, I(b)(3).
(d) The amount of the
annual grant to any charter school shall be a sum equal to 5 percent of the
eligible grant amount each year for 20 years.
(e) Approval for initial
payment by the department shall be given upon receipt of a signed GAN.
(f) Not more than 10
percent of the eligible grant amount shall be disbursed until the completion of
the construction and verification of the final cost of construction have been
made by the department.
(g) The final building aid
grant amount shall be calculated as the building aid rate multiplied by the
eligible project costs, or the maximum amount of building aid award calculated
in accordance with Ed 321.19, whichever is less.
(h) Notice of completion
shall be made within the deadlines provided in Ed 321.27.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed
321.28); ss by #14023, eff 7-12-24; ss
by #14215, eff 3-14-25
Ed
321.27 Notice of Completion.
(a) Upon completion of the project or completion of a phase
of an approved phased project, the school district or charter school shall
submit a notice of completion to the department with the information described
in Ed 321.28.
(b) School districts and charter schools shall have 5 years
from the initial payment to complete the project and submit a notice of
completion to the department, otherwise the award shall be forfeited and the
school district or charter school shall be required to repay the state 100
percent of the state grant received.
(c) After review and verification of the information
submitted in accordance with (a) above, the department shall:
(1)
Determine the final building aid grant as the building aid rate multiplied by
the eligible projects costs or the maximum amount of building aid award cited
in the signed GAN, whichever is less;
(2)
Conduct an onsite visit as needed to verify the information submitted; and
(3)
Issue a project completion letter stating that all necessary requirements have
been met.
(d) A school board or board of trustees may request a waiver
under Ed 321.34 for the amount of time needed to complete (b) above.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.29); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.28 Notice
of Completion Information. Upon completion of the project or a
phase of a phased project, the following information shall be provided in the
notice of completion:
(a) General project information, including the name of the
project and contact person;
(b) The contracted date for project completion;
(c) The actual cost of the project or project phase with
supporting invoices that identify the following:
(1)
Amount of invoice;
(2)
Date of invoice;
(3)
Vendor;
(4)
Description of item; and
(5)
The eligible category type:
a.
Site acquisition or development cost, as described by Ed 321.20;
b.
Construction cost, as described by Ed 321.21;
c.
Administrative cost and contingency cost, as described by Ed 321.23; or
d.
Fees and services cost, as described by Ed 321.24;
(d) Final building square footage and final unit cost per
square foot;
(e) Project funding sources and documentation of each
source;
(f) Explanation of all deviations from the approved design
and cost;
(g) A signed statement from the school district’s
superintendent or the charter school director, business administrator or person
responsible for the finances of the charter school, and the chair of the school
board or board of trustees that:
(1)
The project or project phase is complete as described in Ed 321.02(d);
(2)
The summary of invoices submitted is accurate; and
(3)
The project was built in accordance with all applicable building aid rules and
law to the best of their knowledge;
(h) Record drawings signed and stamped by individuals
licensed in the appropriate disciplines to practice architecture or engineering
in the state of New Hampshire;
(i) Commissioning plan in accordance with Ed 321.04(i);
(j) Copy of any energy efficiency rebates or if not
eligible, a copy of the energy efficiency rebate application submitted to the
applicant’s energy provider in accordance with Ed 321.15(m)(5);
(k) A signed letter by a licensed architect or engineer
stating that the project has been designed to meet the following:
(1)
State building code in accordance with RSA 155-A;
(2)
State building energy code in accordance with RSA 155-A:1, IV;
(3)
Barrier-free access regulations in accordance with Abfd 303;
(4)
Acoustical standards as outlined in Ed 321.03(j); and
(5)
School building construction standards outlined in Ed 321.03;
(l) Certification that no known asbestos containing building
material was used in construction in accordance with 15 U.S.C. § 2641-2656;
(m) Certification that references any properly approved code
or permit waivers;
(n) A copy of the lease-purchase agreement required by Ed
321.06(c), if applicable;
(o) An approval to operate required by Ed 320; and
(p) A digital copy of the information in (a) through (o)
above.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.30); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.29 School Building Aid Payments for Projects Approved
Before July 1, 2013. Beginning July 1, 2025, payments on projects
that were approved before July 1, 2013, shall adhere to the following:
(a) School building aid payments shall be made
semi-annually, in October and April of each fiscal year;
(b) Semi-annual payments shall be in approximately equal
amounts; and
(c) In the event that payments are prorated in accordance
with RSA 198:15-e, the October payment shall be 50 percent of the annual total,
with the full prorated reduction occurring in the April payment.
Source. #8631, eff 5-19-06; ss by #10363, eff 6-15-13;
ss by #13054, eff 6-12-20 (formerly Ed 321.31); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25
Ed 321.30 Owner’s
Project Manager (OPM).
(a)
Pursuant to RSA 198:15-c, III, a school district or charter school that accepts
school building aid for construction shall engage the services of an owner’s
project manager (OPM) for construction or reconstruction projects of $1,000,000
or more.
(b)
The OPM shall provide the following services and have responsibilities
including but not limited to the following:
(1)
Take and maintain or receive from the contractor photographic records of
construction activities and project progress on a regular basis;
(2)
As requested by the superintendent of schools or charter school director,
prepare and distribute reports to the superintendent of schools or charter
school director from information provided by the architect and the
contractor on the project budget, the status of the project schedule, and on
general project information;
(3)
Submit quarterly reports to the department through the superintendent of
schools or charter school director until a notice of completion has been
submitted to the department in accordance with Ed 321.27;
(4)
Work with the assistance of the architect, the contractor, and other
consultants to confirm that all permits necessary for construction of the
project are obtained in a timely manner prior to the commencement of applicable
construction and shall inform the superintendent of schools or charter
school director of any failure to timely obtain such permits;
(5)
Coordinate the school district’s or charter school’s consultants and
contractors on the design and purchase of items such as telephone, internet,
and furniture;
(6)
Assist the school district or charter school in arranging for and overseeing
the delivery, storage, protections, and security of any school-purchased
materials, systems, and equipment that are part of the project until such items
are incorporated into the project;
(7)
While being present on-site an average of 2 to 3 days a week during
construction, observe the work of contractors and the quantity and quality of
materials and equipment received and stored on-site to protect the school
against defects, deficiencies, noncompliance with the contract documents, or
failures of performance by contractors, including recommendations to avoid any
potential cost overruns or delays caused by sequencing. These observations
shall not be exhaustive and shall be supplemental to the architect’s
responsibilities, obligations, and duties. The OPM’s presence shall not relieve
the architect of responsibilities, obligations, and duties of the foregoing for
site observations and for providing site inspection reports to the
superintendent of schools or the charter school director and the OPM;
(8)
Review the inspection and test reports provided, with the recommendations of
the architect, making recommendations to the superintendent of schools or
charter school director and the architect regarding inspection and test
results, and maintain copies of all inspection and test results;
(9)
Confer with the superintendent of schools or charter school director and the
architect to resolve contractor’s suggestions and any problems or concerns that
arise on the project;
(10) Confer with the superintendent of schools or
charter school director to resolve the architect’s suggestions and any problems
or concerns that arise on the project;
(11)
In consultation with the superintendent of schools or charter school director
and the architect, and with the review and written review comments of the
architect, evaluate and make recommendations to the superintendent of schools
or charter school director on change orders, including making investigations
and recommendations on the value and validity of proposed change orders, and
discussing proposed change orders with contractors;
(12)
Assist the architect in the architect’s duties to determine whether substantial
completion and final completion have been achieved, assist in maximizing
warranty deadlines, identify any items remaining to be completed or repaired
regardless of whether the contractor has identified such items, and identify
the cost to repair or complete remaining work;
(13)
Assist the architect in monitoring the contractor’s requirements to collect and
catalog all operating and instruction manuals for equipment and building
systems, and submit this information and all warranty documentation to the
superintendent of schools or charter school director;
(14)
In consultation with the superintendent of schools or charter school director
and in assisting the architect, coordinate close-out activities including the
completion of deficiencies, submittals of close-out documents, resolution of
change orders, and recommendations for payment of retainage;
(15)
Assist the superintendent of schools or charter school director to ensure the
architect has gathered and submitted to the superintendent of schools or
charter school director all project documentation including files, records,
drawings, submittals, samples, and other information in an organized and usable
form;
(16)
Assist the superintendent of schools or charter school director to ensure the
architect, upon completion of the project, certifies that, to the best of their
professional knowledge, the building conforms to the approved plans,
specifications, and shop drawings; and
(17) Continue to provide all
applicable services listed in (1)-(16) above throughout construction and
close-out until notice of completion has been submitted to the department in
accordance with Ed 321.27.
(c)
Minimum qualifications for an OPM shall include the following:
(1) An architect or professional
engineer registered by the state of New Hampshire with at least 5 years’
experience in the construction and supervision of construction of buildings; or
(2) An individual with at least 7
years’ experience in the construction and supervision of construction of
buildings.
(d) The OPM may be an individual
currently employed by the school district or charter school so long as that
individual can complete the requirements identified in this section.
(e)
No individual or employee of any business which has a contract with the school
district or charter school to complete any portion of the design or
construction of the project shall be designated as the OPM.
(f)
The OPM may be hired before entering into a contract for design services in
order to represent the school throughout the design process, including
assisting the superintendent of schools or charter school director with hiring
the architect, analyzing the project feasibility, and selecting a project
delivery system.
(g)
Projects that do not involve the construction of a new building, an addition to
an existing building, or a substantial renovation, as described in Ed 321.05,
shall be exempt from (a)-(f) above.
Source. #14023,
eff 7-12-24; ss
by #14215, eff 3-14-25
Ed 321.31 Ongoing Operation.
(a) Building systems shall be operated and maintained in
compliance with the manufacturers’ instructions.
(b) School buildings shall be maintained to provide code
compliant outside air ventilation and exhaust systems to aid in the maintenance
of healthy indoor air quality.
(c) School buildings shall be approved and maintained in
accordance with Ed 320.
Source. #14023, eff
7-12-24 (formerly Ed 321.27); ss by #14215, eff
3-14-25
Ed 321.32 Ineligibility for School Building Aid.
(a) The following shall be ineligible for school building
aid:
(1)
Swimming pools or natatoriums;
(2)
Field houses;
(3)
Indoor tennis courts;
(4)
Indoor tracks, except suspended tracks that do not increase the overall size of
the building;
(5)
Ice rinks;
(6)
Resurfacing of tracks, courts, and playing fields;
(7)
Re-sodding or reseeding of athletic fields and other green areas;
(8)
Artificial turf on athletic fields;
(9)
Replacement gym floors;
(10)
Scoreboards;
(11)
Motor vehicles, lawn mowers, tractors, or similar machines;
(12)
Cleaning equipment, including floor cleaning machines and wet and dry vacuums;
(13)
Repair parts for mechanical, electrical, or plumbing systems, unless the parts
return the equipment to new condition;
(14)
Microwaves and refrigerators, except in the cafeteria, teacher break room, and
nurse’s office;
(15) Dishwashers not related to food services or
educational programming;
(16) Washers and dryers not related to maintenance
or educational programming;
(17)
School administrative unit (SAU) facilities;
(18)
Career and technical center spaces that are eligible for funding for aid under
RSA 188-E;
(19)
Textbooks and library books;
(20)
Computers and software that are not integral to the building systems;
(21)
Portable, temporary, or modular classrooms;
(22)
Leases, except for lease-purchases of mechanical, structural, or electrical
equipment which is designed to improve energy efficiency or indoor air quality
in buildings;
(23)
Items not affixed to the building, including but not limited to sports and
weight room equipment, television, vending machines, and air conditioner wall
units;
(24) Security equipment that is not normally
fastened to the structure such as radios, badges, and key fobs;
(25)
Band and athletic uniforms or musical instruments;
(26)
Cell phones;
(27)
Storage units and storage containers;
(28)
Tools;
(29)
Travel and associated costs;
(30)
Moving expenses;
(31)
Office supplies, general expendable supplies, and photocopying;
(32)
Food and party supplies for grand openings;
(33)
Building dedication plaques or time stones;
(34) Work that is not located on the school
property;
(35) Costs that exceed the maximum allowed by Ed
321.19 through Ed 321.24;
(36) Spaces that exceed the maximum building size
allowed by Ed 321.09;
(37) Funding sources from other state programs or
federal grants and energy rebates; and
(38) Pursuant to RSA 198:15-c, I(a), projects with
approval from the school district’s legislative body to construct, not subject
to receiving building aid.
(b) Construction work started prior to receiving the GAN
letter pursuant to Ed 321.18(d) shall not be eligible for building
aid.
(c) Costs related to financing, such as bonding charges and
interest, shall not be eligible for inclusion in the calculation of school
building aid.
(d) Fees paid to local municipalities, including but not
limited to building permit fees, site permit fees, and planning board or zoning
fees, shall not be eligible for inclusion in the calculation of school building
aid.
(e) School building aid shall not be provided for work that
is covered by insurance or should reasonably be expected to be covered by
insurance.
(f) School building aid shall not be used to pay for any of
the following:
(1)
Repairs for damages incurred to equipment or structures that are covered by a
valid warranty or guarantee that has been invalidated by the actions of a
school district or charter school or its staff;
(2)
Repairs to buildings, systems, or components that result from failure to
perform proper maintenance, which shall be determined by:
a.
The department comparing the age of the damaged materials or equipment to the
expected useful life of the materials or equipment based on commonly accepted
industry standards; and
b.
The school district or charter school providing maintenance records and other
documentation concerning their maintenance program, if necessary for the
department to clearly understand the cause of equipment or system damage;
(3)
Work that results from failure to follow building codes or previous guidance
from the department; or
(4)
Repairs for which the school district or charter school makes a legal claim for
damages until the legal proceeding has been resolved.
(g) In such cases as described in (f)(4) above, any portion
of the claim that is not satisfied by the legal proceeding shall be eligible
for school building aid subject to the limitations in Ed 321.19.
Source. #14023, eff
7-12-24; ss by #14215, eff 3-14-25
Ed 321.33 Reporting Requirements.
(a) By November 30 of each year, the department shall
publish:
(1)
The school building aid rates as calculated according to RSA 198:15-b and RSA
198:15-v;
(2)
The maximum allowable construction cost under RSA 198:15-b, III(a) pursuant to
Ed 321.22; and
(3)
The ranked list of school building aid applications approved by the state board
in accordance with Ed 321.16(m).
(b) By April 30 of each year, the department shall verify
with each school district or charter school the anticipated amount of school
building aid to be provided in the following fiscal year.
Source. #8265, eff 1-22-05; ss by #10363, eff
6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.30); ss by #14023, eff 7-12-24 (formerly Ed 321.28); ss by #14215,
eff 3-14-25
Ed 321.34 Waiver Provisions.
(a) The commissioner of the department or the commissioner’s
designee may grant waivers for the standards required in Ed 321.09, Ed 321.10,
Ed 321.17(n), Ed 321.18(a)(8), and Ed 321.27(b).
(b) All waiver requests shall be submitted in writing and
signed by the superintendent or charter school director.
(c) All waiver requests shall include in the following:
(1)
A reference to the specific section of Ed 321 for which a waiver is requested;
(2)
A detailed explanation of the standard to be waived and the degree to which the
standard will be met if the request for waiver is approved;
(3)
A detailed explanation of the conditions that prevent compliance with the
standards of Ed 321, or an explanation of how the waiver is in the best
interest of education or is the most effective use of resources;
(4)
An explanation of the school district's or charter school’s attempts to achieve
compliance with the standard;
(5)
An explanation of the impact of a denial of the request for a waiver; and
(6)
Other information to support the request that the school district or charter
school would like to have considered.
(d) Waiver requests for Ed 321.09 shall be submitted at
least 90 days prior to submitting the building aid application and shall also
include the following information:
(1)
A table of each room, room number or name, the square footage of each
individual space, and the number of students anticipated to be educated in that
space;
(2)
An explanation of how that space meets the minimum requirements and what
regulation requires the program to be provided;
(3)
An explanation of what utilization-maximizing strategies were considered such
as multi-grade education and multiple uses of spaces, and why these strategies
were not adequate to reduce the total gross square footage of the building; and
(4)
Other relevant information the department can use to analyze the proposed
spaces and uses.
(e) The commissioner or the commissioner’s designee
shall request additional information as necessary for a decision
on the request for a waiver.
(f) A written decision shall be provided to the school
district or charter school by the department within 60 days of receipt of the
request for a waiver or following receipt of any additional information
requested by the department.
(g) A waiver shall be approved if, in the determination of
the commissioner of the department or the commissioner’s designee, approval of
the request for a waiver shall not compromise the quality of education required
in Ed 306 and is the best use of available resources.
(h) Any part of construction work that is dependent upon or
otherwise affected by the results of the request for waiver shall not proceed
until a decision on the request has been received from the department.
Source. #14023, eff
7-12-24; ss by #14215, eff 3-14-25
Ed 321.35 Requirements for Projects Listed on the
November 2022 Rank Order List.
(a) Project applicants on the November 10, 2022, rank order
list approved by the state board that were not selected for funding in fiscal
year 2024 or fiscal year 2025 but wish to be considered for future building aid
funds shall submit the following documentation to the department by May 1,
2025:
(1) A summary of the school district’s commitment to
good maintenance in accordance with Ed 321.15(j); and
(2) If the project requires land acquisition, an attestation
that the land has been acquired or that a legal agreement is in place for the
acquisition that is subject to receiving building aid.
(b) If the project applicants fail to submit the
documentation in (a) above, the project shall not be considered for funding and
removed from the ranked list, but the school district may reapply in accordance
with these rules.
(c) Projects listed on the November 2022 descending rank
order list that would like to be considered for future funding shall remain on
the rank order list without submitting a new application and are exempt from
submitting the information required in Ed 321.11 through Ed 321.15.
Source. #14215, eff 3-14-25
PART Ed 322 REGIONAL CAREER
AND TECHNICAL EDUCATION CENTER LEASE AID
Ed
322.01 Purpose. The purpose of Ed 322 is to implement the
provisions of RSA 198:15-hh relative to providing annual grants to
meet the costs of leasing permanent space in buildings for regional career and
technical education centers that are used for the operation of high school
career and technical education programs.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Ed 322.02 Definitions. Except where the context makes another
meaning clear, the following words have the meaning indicated when used in Ed
322:
(a)
“Construction” means construction as defined in RSA 188-E:2, IV;
(b)
“Department” means the New Hampshire department of education;
(c)
“District” means a school district as defined in RSA 194:1, and a
cooperative school district as defined in RSA 195:1;
(d)
“Lease” means an agreement to lease permanent space in a building or
buildings not owned by the district for a regional vocational center program
that is used for the operation of a high school vocational technical education
program and that is eligible to receive grants under RSA 198:15-hh;
(e)
“Leased facility” means permanent space in a building or buildings as
described in the lease;
(f)
“Regional career and technical education center” means those buildings
designated as regional career and technical education centers under RSA 188-E:1
as part of a high school vocational technical education program;
(g)
“Regional career and technical education center program” means a high
school career and technical education curriculum offering that is eligible to
receive grants under RSA 188-E and RSA 198:15-hh; and
(h)
“School lease aid” means the annual grant for a lease under RSA
198:15-hh, I.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Ed 322.03 Lease Agreements.
(a)
A lease shall be approved by the legislative body of the district as
prescribed in RSA 198:15-hh.
(b)
A lease shall only be approved for educational space to be used by a
regional career and technical education center. Lease costs for administrative
space, space for non-vocational technical education programs, and storage
beyond what is required for vocational technical education programs in the
regional vocational center shall not be eligible for reimbursement.
(c)
An initial lease shall be for a term of 10 years or less to be eligible
to receive school lease aid.
(d)
The applicant shall be responsible for paying to the property owner all
costs incurred through the lease School lease aid shall be considered a
reimbursement of a portion of rental costs as authorized by RSA 198:15-hh,
provided that sufficient funds are appropriated by the legislature and made
available to the department.
(e)
A lease shall continue until its term expires. The sale of the property by the owner or a
declaration of bankruptcy by the owner shall not terminate the agreement
entered into with the district.
(f)
The lease shall provide for dedicated on-site parking for staff and
students.
(g)
The lease shall state the parties responsible for carrying out the
following activities, the procedures for carrying out such activities, and the
cost of and payment for completing the activities at the regional career and
technical education center:
(1) Maintenance;
(2) Custodial services;
(3) Refuse removal;
(4) Snow removal; and
(5) Grounds maintenance.
(h)
Costs for utilities, heat, and the items listed in (g) above shall not
be eligible for reimbursement.
(i)
The duties of property owners in Ed 322.07 shall be included in the
provisions for each lease.
(j)
The lease for a regional career and technical education center and the
center's programs shall be included in the annual review of the regional career
and technical education center by the department under Ed 322.08.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Ed 322.04 Approval and Review of Leases.
(a)
Each lease shall be reviewed by the applicant’s attorney licensed in New
Hampshire who is knowledgeable in contract law pertaining to such lease
agreements. Applicants wishing to
receive school lease aid shall submit certification to the department that the
lease has been reviewed, approved, and signed.
(b)
The review shall be for the purpose of compliance with factual law and
contains no factual errors.
(c)
The review shall be to determine compliance with contract law including
no omissions and the lease has been amended as necessary.
(d)
A lease shall be reviewed and approved by the department using the
following factors to determine that the lease represents an efficient use of
state and local resources:
(1) Space requirements as compared to available
space at the existing regional career and technical education center and
according to current standards for school building construction;
(2) Projected student enrollment;
(3) Need for specialized space or equipment; and
(4) Cost compared to the cost of construction for
an equivalent school facility.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Ed 322.05 Renewal of Leases.
(a)
Leases may be renewed for a maximum of 10 years. Upon renewal, a lease agreement shall remain
eligible to receive school lease aid if the department determines that the lease
represents an efficient use of state and local resources.
(b)
The department shall use the following factors to make the determination
that the lease represents an efficient use of space and local resources:
(1) Space requirements as compared to available
space;
(2) Projected student enrollment;
(3) Need for specialized space or equipment; and
(4) Cost.
(c)
Whether a lease is renewed shall be reviewed during the planning for
future construction projects at the regional career and technical education
center. Requirements being met through the regional career and technical
education center shall be included in the planning for the construction
project. A lease shall be terminated upon completion of the construction
project.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Ed 322.06 Early Termination of Leases. The
lease shall:
(a)
Include a provision to allow early termination of the lease by the
applicant in the event the building is no longer required to meet the needs of
the regional center;
(b)
Include a provision for early termination by the district in the event
the property owner fails to fulfill the terms of the lease; and
(c)
Include a provision that requires the property owner to give notice of
at least 60 days prior to early termination of the lease by the property owner.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Ed 322.07 Duties of Applicant.
(a)
In order for an applicant to be eligible for school lease aid, the
applicant shall comply with the provisions of this section.
(b)
The applicant shall ensure the identification of the location of any and
all asbestos-containing material prior to occupancy of the property as a
regional vocational center by the.
Pursuant to RSA 141-E:3, the leased property shall be subject to the
requirements of the Asbestos Hazard Emergency Response Act (AHERA), 15 USC 53.
(c)
The applicant shall conduct or cause to be conducted a water test prior
to occupancy of the property as a regional career and technical education
center. The applicant shall also conduct
or cause to be conducted a water test annually on the date occupancy
commenced. The applicant shall obtain
water quality results either from the municipal system, if connected, or in
accordance with the applicable provisions of Env-Ws 300 et seq.
or successor rules in subtitle Env-Dw as required for non-transient,
non-community water systems.
(d)
The applicant shall ensure the property owner will allow testing for air
quality, mold, lead, asbestos, or any other hazardous materials or conditions
at the expense of the school. The
applicant shall ensure the property owner will promptly correct any
deficiencies identified by such testing at the expense of the property
owner. Testing shall be allowed prior to
occupancy of the property as a regional career and technical education center,
and at any time during such occupancy.
(e)
The applicant shall ensure property and liability insurance is
maintained to fully compensate for loss or damage to property or any other
costs associated with an event resulting from negligence by the owner or the
owner's agents or employees.
(f)
If utility costs are included in the monthly or annual lease payment,
the property owner shall separate those costs from the rental costs on the
invoice submitted to the district.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
(a) Applications for school lease aid for leased
facilities shall be submitted to the department prior to January 1 of each year
in order to be eligible to receive a grant for school lease aid in the fiscal
year following the year of submittal.
(b) In order to be eligible to receive school
lease aid for a regional career and technical education center program in a
leased facility, the applicant shall meet the following requirements:
(1)
The applicant shall provide the department with a transportation plan
and budget for the use of the leased facility;
(2)
The applicant shall submit to the department a certificate signed by the
local code enforcement official, fire chief, a licensed engineer, or a licensed
architect that indicates that the leased facility meets:
a.
The state building code under RSA 155-A;
b.
The state fire code under RSA 153:1, VI-a and
Saf-Fmo 300, as amended by the state board of fire control and ratified by the general court
pursuant to RSA 153:5; and
c.
The New Hampshire code for barrier-free design
under Abfd 300;
(3)
The leased facility shall meet the minimum space requirements of RSA
198:15-b, RSA 198:15-d, RSA 198:15-e, RSA 198:15-g, and Ed 321; and
(4)
If food service operations, either culinary arts education or school
provided meals, are to take place in the leased facility, the district shall
submit letters of approval to the department for the operations from the
department's bureau of nutrition and from the bureau of food protection in the
New Hampshire department of health and human services, as provided in He-P
2304.
(c) School lease aid grant payments for leased
facilities shall be awarded to the applicant at the same time and in the same
manner as grant payments for construction projects under RSA 198:15-b.
(d) In the event that the annual budget for
school lease aid from funds appropriated by the general court is insufficient
to give the applicant their full entitlement of school lease aid in any year,
grant payments shall be prorated equally among all eligible applicants as
specified in RSA 198:15-e.
(e) The application for school lease aid for a
leased facility shall include:
(1)
A copy of the lease agreement;
(2)
An explanation of why the lease is necessary;
(3)
A floor plan showing the proposed layout and use of the space to be
leased for the regional career and technical education center;
(4)
A site plan of the building and the surrounding property; and
(5)
A description of the surrounding area that includes the specific types
of residential, commercial and industrial activities that take place on the
property and on all abutting properties.
(f) In order to receive school lease aid grant
payments for leased facilities, the applicant shall submit to the department information on the costs and descriptions
of at least 2 alternative properties that have been considered to meet the
requirements for a regional career and technical education center or charter
school educational program in addition to the property that has been
selected. The reason for choosing the
selected property over the others shall be clearly explained.
(g) The initial building costs of modifying the
building to meet the requirements of the educational program shall be eligible
for school lease aid if the district is required to pay those costs by the
terms of the lease.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #12895, EMERGENCY RULE, eff 10-10-19, EXPIRED 4-7-20
New. #13207, eff
5-20-21
(a) Costs for damages to the leased facility
beyond fair wear and tear;
(b) Any deposits of funds that the district is
required to provide to the property owner that are subsequently returned to the
district;
(c) Utility costs at the leased facility;
(d) Costs associated with the activities in Ed
322.03(g);
(e) Costs associated with a lease for the use of
portable or modular classroom space;
(f) Costs for daily cleaning of the leased
facility; and
(g) Costs for repairs for damages to the facility
regardless of cause.
Source. #8086, eff 5-26-04; ss by #10363,
eff 6-15-13; ss by #13207, eff 5-20-21
PART
Ed 323 CHARTER SCHOOL LEASE AID
Ed 323.01 Purpose. The purpose of Ed
323 is to implement the provisions of RSA 198:15-hh, relative to providing
annual grants to meet the costs of leasing permanent space in buildings for
chartered public schools authorized under RSA 194-B:3-a.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
Ed 323.02 Definitions. Except where
the context makes another meaning clear, the following words shall have the
meaning indicated when used in Ed 323:
(a) "Chartered public
school (charter school)" means "chartered public school" as
defined in RSA 194-B:1, IV, and as approved pursuant to RSA 194-B:3-a;
(b) “Department” means
the New Hampshire department of education;
(c) “Lease” means an
agreement to lease permanent space in a building or buildings;
(d) “Leased facility”
means permanent space in a building or buildings as described in the lease; and
(e) “Lease aid” means the
annual grant for a lease under RSA 198:15-hh, I.
Source.
#13207, eff 5-20-21; ss by #13720, eff 8-12-23
Ed 323.03 Lease
Agreements.
(a) Pursuant to RSA
198:15-hh, a lease shall be:
(1) Approved by the charter school board of
trustees; and
(2) Initially for a term of 10 years or less to
be eligible to receive lease aid.
(b) A lease shall
continue until its term expires, and the sale of the property by the owner or a
declaration of bankruptcy by the owner shall not terminate the agreement
entered into with the charter school.
(c) The lease shall state
the parties responsible for the following:
(1) Carrying out maintenance;
(2) The procedures for carrying out such
maintenance; and
(3) The cost of and payment for completing:
a. Maintenance of the facility;
b. Custodial
services;
c. Refuse removal;
d. Snow removal;
and
e. Grounds maintenance.
(d) Costs for utilities,
heat, and the items listed in (c) above shall not be eligible for
reimbursement. If utility costs are included in the monthly or annual
lease payment, the property owner shall separate those costs from the rental costs
on the invoice submitted to the charter school.
(e) Costs for space
beyond what is required for the operation of the charter school shall not be
eligible for reimbursement. If space is leased beyond what is
necessary for the operation of the charter school, the property owner shall
separate those costs on the invoice submitted to the charter school.
(f) The lease shall
include the necessary provisions to allow for the duties identified in Ed
323.05 to be met.
(g) The lease shall
include the following provisions:
(1) Early termination of the lease by the charter
school in the event the building is no
longer required to meet the needs of the charter school;
(2)
Early termination by the charter school in the event the property owner fails
to fulfill the terms of the lease; and
(3) The
requirement that the property owner gives notice of at least 60 days prior to
early termination of the lease by the property owner.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
Ed 323.04 Legal Review
of Lease.
(a) The lease shall be
reviewed, at the charter school’s expense, by the charter school’s attorney
licensed in New Hampshire who shall be knowledgeable in contract law pertaining
to such lease agreements.
(b) The review shall
ensure alignment with the requirements outlined in Ed 323.03.
(c) The review shall be
for the purpose of compliance with factual law and shall contain no factual
errors.
(d) The review shall
confirm compliance with contract law including no omissions, and that the lease
has been amended as necessary.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
Ed 323.05 Duties of
Applicant.
(a)
In order for the charter school to be eligible for lease aid, the
charter school t shall comply with the provisions outlined in (b) below.
(b) The charter school
shall:
(1) Complete all local, state, and federal
required water testing, including taking measures to limit exposure to lead in
drinking water as outlined in RSA 485:17-a;
(2)
Ensure the property owner allows testing for air quality, mold, lead, asbestos,
or any other hazardous materials or conditions at the expense of the charter
school;
(3) Ensure any deficiencies identified by such
testing will be promptly corrected, and testing shall be allowed prior to
occupancy of the property and at any time during such occupancy;
(4)
Pursuant to 40 CFR §763.93 and Env-A 1810.17, develop an asbestos management
plan for the leased property and shall be subject to the requirements of the
Asbestos Hazard Emergency Response Act (AHERA) regulations 15 USC §2641-2656;
and
(5)
Ensure property and liability insurance is maintained to fully compensate for
loss or damage to property or any other costs associated with an event
resulting from negligence by the owner or the owner's agents or employees.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
Ed 323.06 Lease Aid
Application. In order for the charter school to be eligible for
lease aid, the charter school shall comply with the provisions of this section,
as follows:
(a) By January 1, charter
schools shall submit to the department the following:
(1) A
copy of the proposed lease agreement that meets the requirements in Ed 323.03;
(2) The
amount of the lease eligible for lease aid;
(3) An
explanation of why the lease is necessary;
(4) A
site plan of the building and surrounding property;
(5) A
description of the surrounding area that includes the specific types of
residential, commercial, and industrial activities that take place on the
property and on all abutting properties;
(6) Indication
if the leased facility is on municipal or well water and, if applicable, the
public water system identification
number issued by the department of environmental services;
(7)
Anticipated k-12 enrollment as of September 1 of school year aid request;
(8) An
assurance statement that the charter school shall comply with duties identified
in Ed 323.05;
(9) An
assurance statement that the lease aid request only includes costs for space
that is required for the operation of the charter school;
(10) A statement that the charter school is aware
that per Ed 321.13, all public school construction or reconstruction projects
are required to have a review completed by the state fire marshal’s office; and
(11) A
statement that the charter school is aware of the additional submittal
requirements and deadline in (b) below;
(b) By September 1, or
prior to occupancy, whichever comes first, the charter school shall submit the
following:
(1) A
statement that indicates that the leased facility meets the state building code
under RSA 155-A signed by:
a. The local code enforcement official;
b. A licensed engineer;
c. A licensed architect; or
d. Another qualified professional;
(2) A
statement that indicates that the leased facility meets the state fire code
under RSA 153:1, VI-a and Saf-Fmo 300, as amended by the state
board of fire control and ratified by the general court pursuant to RSA 153:5
signed by:
a. The local code enforcement official;
b. The fire chief;
c. A licensed engineer; or
d. Another qualified professional;
(3) A
statement that indicates that the leased facility meets the New Hampshire code
for barrier-free design under Abfd 300, signed by:
a. The local code enforcement official;
b. A licensed engineer;
c. A licensed architect; or
d. Another qualified professional;
(4) If
food service operations are to take place in the leased facility, proof of
approval from the bureau of food protection at department of health and human
services, as provided in He-P 2304;
(5) A certification by the charter
school’s attorney to the department that the lease meets the requirements in Ed
323.03 and the lease has been reviewed, approved, and signed; and
(6) A
copy of the property and liability insurance that meets Ed 323.05(b)(6); and
(c) If the items in (b)
above are not submitted in the time frame required, the charter school shall
forfeit lease aid for the fiscal year which they applied for.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
Ed 323.07 Review and
Approval Process.
(a) For initial approval, the charter school shall
apply for lease aid by submitting an application as outlined in Ed
323.06.
(b) By September 1 of
each year, the charter school may request to renew lease aid if no substantive
changes have been made to the lease previously approved by the department
through (a) above, and the following items have been submitted to the
department:
(1) Assurance
statement that the charter school is still operating under the same lease
approved by the department through (a) above, or submit an updated lease
agreement certified by the charter school’s attorney to the
department that the lease meets the requirements in Ed 323.03 and the lease has
been reviewed, approved, and signed;
(2) Updated
amount of the lease eligible for lease aid, if applicable; and
(3) An
updated copy of the property and liability insurance that meets Ed
323.05(b)(6), if applicable.
(c) If substantive
changes have been made to the lease, the charter school may reapply for lease
aid by submitting an application per Ed 323.06.
(d) Upon review and
approval of the items identified in (a) or (b) above, the department shall
notify the charter school of their eligibility of lease aid.
Source.
#13207, eff 5-20-21; ss by #13720, eff 8-12-23
Ed 323.08 Payments.
(a) The amount of lease
aid shall be in accordance with RSA 198:15-hh. If the lease
appropriation is insufficient, the appropriation grant payments shall be
prorated equally among all eligible charter schools.
(b) If the items
identified in Ed 323.07 (a) or (b) are not submitted in the time frame
required, the charter school shall forfeit lease aid for the fiscal year which
they applied for.
(c) Lease aid grant
payments shall be made annually in November of each fiscal year and shall only
be made if the charter school has students enrolled on opening day.
(d) The charter school
shall be responsible for all costs incurred through the lease. Lease
aid shall be considered a reimbursement of a portion of rental costs as
authorized by RSA 198:15-hh, provided that sufficient funds are appropriated by
the legislature and made available to the department.
(e) Lease aid shall be
terminated if the leased space is no longer being used for the purposes
proposed under the approval of lease aid.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
Ed 323.09 Eligibility.
(a) The initial building
costs of modifying the building to meet the requirements of the educational
program shall be eligible for lease aid if the charter school is required to
pay those costs by the terms of the lease.
(b) The following shall
not be eligible for lease aid:
(1) Costs
for space beyond what is required for the operation of the charter school;
(2) Costs
for utilities, heat, and the activities in Ed 323.03(c);
(3) Costs
for repairs for damages to the facility regardless of cause;
(4) Any
deposits of funds that the charter school is required to provide to the
property owner that are subsequently returned to the charter school;
(5) Costs
for the use of portable or modular classroom space; and
(6) Costs
to make permanent upgrades or renovations to the leased space.
Source. #13207, eff 5-20-21; ss by
#13720, eff 8-12-23
APPENDIX I
|
Rule |
State or Federal
Statute or Federal Regulation Rule Implements |
|
Ed 301 Reserved |
|
|
Ed 302 |
RSA 186:8, II |
|
Ed 303 |
RSA 21-N:9, II(b); RSA
186:8, II |
|
Ed 304 |
RSA 186:8, II |
|
Ed 305 Reserved |
|
|
Ed 306.01 |
RSA 189:1-a, II; RSA 189:24;
RSA 189:25; RSA 193-E:2-a, I-III; RSA 194:23 |
|
Ed 306.02(b) |
RSA 193-H:1, II |
|
Ed 306.02(e)-(g) |
RSA 193-H:1-a |
|
Ed 306.02(h) |
RSA 193-E:2-a, II |
|
Ed. 306.02 (j) |
RSA 21-N:2 |
|
Ed 306.02(l) |
RSA 189:1-a, II |
|
Ed 306.02(m) |
RSA 189:39 |
|
Ed 306.02(n) |
RSA 193-H:1-a, III |
|
Ed 306.02(o) |
RSA 193-E:3, VIII |
|
Ed 306.02(p) |
RSA 193-H:1-a, III |
|
Ed 306.02(q) |
RSA 189:1-a, II |
|
Ed. 306.02(r) |
RSA 189:1 |
|
Ed 306.02(s) |
RSA 193-E:2-a, II |
|
Ed 306.02(t) |
RSA 189:1-a; RSA
193-E:1, I; RSA 193-E:3-b, I |
|
Ed 306.02(w) |
RSA 193-H:1-a, III |
|
Ed 306.02(y) |
RSA 193-E:1 |
|
Ed 306.02(aa) |
RSA 189:1-a, II |
|
Ed 306.03 |
RSA 189:24; RSA 189:25, RSA
194:23-b; RSA 193-E:2-a |
|
Ed 306.04(a) |
RSA 194-C:4 |
|
Ed 306.04(b)(1) |
RSA 189:15; RSA 189:34, II;
RSA 193:1, I |
|
Ed 306.04(b)(2) |
RSA 189:6-a; RSA 189:64; RSA
189:70, II; RSA 193-F:4, II, RSA 193-F:8; |
|
Ed 306.04(b)(3) |
RSA 189:15; RSA 193:13,
XI-XII |
|
Ed 306.04(b)(4) |
RSA 189:27-b |
|
Ed 306.04(b)(5) |
RSA 186:5; RSA 189:15 |
|
Ed 306.04(b)(6) |
RSA 189:15; RSA 631:7 |
|
Ed 306.04(b)(8) |
RSA 189:13-a; RSA 194-C:4,
II(d) |
|
Ed 306.04(b)(9) |
RSA 169-C:29 |
|
Ed 306.04(b)(10) |
34 C.F.R. § 99.5; 20 U.S.C
§1232h, (c)(1)(C); Section 1112 (e)(1)(B)(i); RSA 189:66, IV; RSA
193:13; RSA 194-C:4, II(j) |
|
Ed 306.04(b)(11) |
RSA 189:1-a, II |
|
Ed 306.04(b)(12) |
RSA 193:1, I(h); 193-E:3,
VIII |
|
Ed 306.04(b)(13) |
RSA 193:12, VIII |
|
Ed 306.04(b)(14) |
RSA 193:13, XI(a); RSA 200 |
|
Ed 306.04(b)(15) |
RSA 189:11-a, VIII |
|
Ed 306.04(b)(17)-(22) |
RSA 188-E:28; RSA 189:1-a,
II |
|
Ed 306.04(b)(23) |
RSA 189:11-a, V |
|
Ed 306.05 |
RSA 194-C:4, I; RSA 194-C:4,
II(c)-(f) |
|
Ed 306.06 |
RSA 189:1-c; RSA 189:15; RSA
189:74; RSA 194:23-f; RSA 194-C:4, II(c)-(f) |
|
Ed 306.07 |
RSA 155-A:2; RSA 189:24 |
|
Ed 306.08 |
RSA 189:1-a, II; RSA 189:24;
RSA 193-E:2, VII; RSA 194-C:4, II(c) |
|
Ed 306.09 |
RSA 189:27-b; RSA 189:29-a |
|
Ed 306.10 |
RSA 189:11-a, I-II |
|
Ed 306.11 |
RSA 189:24; RSA 189:49; RSA
200:27-40-c; 20 U.S.C. § 1232g; 29 U.S.C. § 794 |
|
Ed 306.12 |
RSA 21-N:9; RSA 189:49; RSA
194-C:4, II(b) |
|
Ed 306.13 |
RSA 21-N:9, II(z);RSA 186:8,
V |
|
Ed 306.14 |
RSA 189:1-a, I-II |
|
Ed 306.15 |
RSA 189:1; RSA 189:24 |
|
Ed 306.16 |
RSA 188-E:5 |
|
Ed 306.17 |
RSA 189:1-a, II; RSA 193:1,
I(h); RSA 193-E:2-a, V(b) |
|
Ed 306.18 |
RSA 189:1; RSA 189:1-a, II;
RSA 189:24 |
|
Ed 306.19 |
RSA 189:28; RSA 193-C:3; RSA
193-C:6; RSA 193-E:3-b; RSA 193-E:3-c; RSA 193-E:3-d |
|
Ed 306.20 |
RSA 189:49, IV |
|
Ed 306.21 |
RSA 189:1-a; RSA 189:25; RSA
189:53; RSA 193-E:2; RSA 193-E:2-a, II-II-a |
|
Ed 306.22 |
RSA 188-E:5; RSA 189:1-a;
RSA 189:10, II-III; RSA 189:11; RSA 189:20; RSA 193:1(f);
RSA 193-E:2; RSA 193-E:2-a, II; RSA 193-E:2-a, V(a);
RSA 194:23 |
|
Ed 306.23 |
RSA 186-C:9; RSA 189:1-a;
RSA 189:10, II-III; RSA 189:11; RSA 193:1(f); RSA 193-E:2;
RSA 193-E:2-a, IV(b); RSA 194:23; RSA 194:23-b |
|
Ed 306.24 |
RSA 21-N:11, III; RSA
189:24; RSA 189:28, I-II; RSA 193-E:2-a; RSA 193-E:3-b; RSA 194:23; RSA
194-C:4, II(d) |
|
Ed 306.25 |
RSA 21-N:1, II; RSA 21-N:6,
V; RSA 21-N:11, III; RSA 198:48-a, I-V |
|
Ed 306.26 |
RSA 21-N:10-a; RSA 21-N:11,
I; RSA 193-E:2-a, IV(b); RSA 193-E:2-a, V(a) |
|
Ed 306.27 |
RSA 193-E:2, V; RSA
193-E:2-a, I(a)(5); RSA 193-E:2-a, V.(a) |
|
Ed 306.28 |
RSA 189:10, III; RSA
193-E:2, VII; RSA 193-E:2-a, (9)-(11) |
|
Ed 306.29 |
RSA 193-E:2. I; RSA 193-E:2,
V; RSA 193-E:2-a, I(a)(1) |
|
Ed 306.30 |
RSA 189:49, IV |
|
Ed 306.31 |
RSA 189:10, II; RSA
193-E:2-a, I(a)(7)-(8) |
|
Ed 306.32 |
RSA 189:10, II; RSA
193-E:2-a, I(a)(7)-(8) |
|
Ed 306.33 |
RSA 193-E:2-a, I(b)(1) |
|
Ed 306.34 |
RSA 193-E:2, II; RSA
193-E:2-a, I(a)(2) |
|
Ed 306.35 |
RSA 193-E:2-a, I(a)(11) |
|
Ed 306.36 |
RSA 193-E:2, III; RSA
193-E:2-a, I(a)(3) |
|
Ed 306.37 |
RSA 189:11; RSA 193-E, IV;
RSA 193-E:2-a, I(a)(4) |
|
Ed 306.38 |
RSA 193-E:2-a, I(a)(9) |
|
Ed 306.39 |
RSA 193-E:2-a, I(a)(6) |
|
Ed 307 |
RSA 193:3 |
|
Ed 308 Reserved |
|
|
Ed 309 Reserved |
|
|
Ed 310.01 |
RSA 189:11-a, V |
|
Ed 310.02-Ed 310.04 |
RSA 189:11-a, VI |
|
Ed 311.01 |
42 U.S.C. §
11432(g)(3)(C); RSA 141-C:20-a – RSA 141-C:20-d; RSA
200:27; RSA 200:31; RSA 200:38 - 200:39 |
|
Ed 311.02 |
RSA 200:27; RSA 200:27-a;
RSA 326-B |
|
Ed 311.03 |
RSA 200:32 |
|
Ed 313 Reserved |
|
|
Ed 314 Reserved |
|
|
Ed 315.01 |
RSA 193:1, I(e) |
|
Ed 315.02 |
RSA 193-A:1; RSA 193-A:3 |
|
Ed 315.03 |
RSA 193:1,I(b) |
|
Ed 315.04 |
RSA 193-A:1, I; RSA 193-A:3;
RSA 193-A:4, I |
|
Ed 315.05 |
RSA 193-A:5 |
|
Ed 315.06 |
RSA 193-A:5 |
|
Ed 315.07 |
RSA 193-A:6 |
|
Ed 315.08 |
RSA 193-A:6 |
|
Ed 315.09-Ed 315.13 |
RSA 193-A:10 |
|
Ed 315.14-Ed 315.15 |
RSA 193-A:10, 11 |
|
Ed 317.01 - Ed 317.07 |
RSA 193-D; RSA 193:13 |
|
Ed 318.01 |
RSA 194-B:3 |
|
Ed 318.02 |
RSA 194-B |
|
Ed 318.03 |
RSA 194-B:5 |
|
Ed 318.04 |
RSA 194-B:3 |
|
Ed 318.05 |
RSA 194-B |
|
Ed 318.06 |
RSA 194-B:3 |
|
Ed 318.07 |
RSA 194-B:3 |
|
Ed 318.08 |
RSA 194-B:3 |
|
Ed 318.09 |
RSA 194-B:3-a |
|
Ed 318.10 |
RSA 194-B:3 and RSA
194-B:3-a |
|
Ed 318.11 |
RSA 194-B:3 |
|
Ed 318.12 |
RSA 194-B:3 |
|
Ed 318.13 |
RSA 194-B:3 |
|
Ed 318.14 |
RSA 194-B:3 |
|
Ed 318.15 |
RSA 194-B:16 |
|
RSA 194-B:16-a, VII, and RSA 194-B:18. |
RSA 194-B:16-a, VII, and RSA 194-B:18 |
|
Ed 318.17 |
RSA 194-B:3 |
|
Ed 318.18 |
RSA 194-B:3 |
|
Ed 318.19 |
RSA 194-B:3 |
|
Ed 318.20 |
RSA 194-B:15 and RSA
194-B:16,I |
|
Ed 319.01 |
RSA 194-D:1 and RSA 194-D:2 |
|
Ed 319.02 |
RSA 194-D:1 |
|
Ed 319.03 |
RSA 194-D:2 and RSA 194-D:4 |
|
Ed 319.04 |
RSA 194-D:4 |
|
Ed 320.01 |
RSA 186:6; RSA 189:24 |
|
Ed 320.02 –
Ed 320.03 |
RSA 21-N:9, I; RSA 189:24 |
|
Ed 321.01 |
RSA 21-N:9, II(c); RSA
198:15-a, V |
|
Ed 321.02 |
RSA 21-N:9, II(c); RSA
198-15-a, V; RSA 194-B:1, IV; RSA 194-B:3-a |
|
Ed 321.03 |
RSA 198:15-c, I(a) |
|
Ed 321.04 |
RSA 198:15-a, II-III; RSA
198:15-b, II; RSA 194-B:3, II(z) |
|
Ed 321.05 |
RSA 198:15-b, II(f) |
|
Ed 321.06 |
RSA 198:15-b, II(g); RSA
198:15-b II(e) |
|
Ed 321.07 |
RSA 198:15-b, IV(b)(2) |
|
Ed 321.08 |
RSA 21-N:9, II(c) |
|
Ed 321.09 |
RSA 198:15-b, III(a)-(b) |
|
Ed 321.10 |
RSA 21-N:9, II(c) |
|
Ed 321.11 |
RSA 198:15-c, I(a)-(b) |
|
Ed 321.12 |
RSA 21-N:9, II(c); RSA
198:15-c, I(a)-(b) |
|
Ed 321.13 |
RSA 198:15-c, I(a)-(b) |
|
Ed 321.14 – Ed 321.15 |
RSA 198:15-c, I(a)-(b); RSA
198:15-c, II(a) |
|
Ed 321.16 |
RSA 198:15-c, II(a)-(b) |
|
Ed 321.17-18 |
RSA 198:15-c, II(a) |
|
Ed 321.19 |
RSA 198:15-b, I(b)(1); RSA
198:15-b, III |
|
Ed 321.20 – Ed 321.24 |
RSA 198:15-b, II; RSA
198:15-b, III |
|
Ed 321.25-Ed 321.26 |
RSA 198:15-a, I; RSA
198:15-b, I(b) |
|
Ed 321.27 – Ed 321.28 |
RSA 198:15-c, I |
|
Ed 321.29 |
RSA 198:15-b, I(a) |
|
Ed 321.30 |
RSA 198:15-c, III |
|
Ed 321.31 |
RSA 21-N:9, II(c) |
|
Ed 321.32 |
RSA 21-N:9, II(c); RSA
198:15-a, II |
|
Ed 321.33 |
RSA 198:15-b, III(a); RSA
198:15-c, II(a) |
|
Ed 321.34 |
RSA 198:15-b, III(e) |
|
Ed 321.35 |
RSA 198:15-c, I(a);RSA
198:15-c, II(a) |
|
Ed 322 |
RSA 198:15-hh |
|
Ed 323 |
RSA 198:15-hh |
APPENDIX II
|
Rule |
Title |
Obtain at |
|
Ed 306.27(b) |
K-12 Curriculum
Framework For the Arts, 2001 |
|
|
Ed
306.29(b) |
Common
Core State Standards for English Language Arts, 2010 |
https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-ela.pdf No
cost |
|
Ed
306.31(b) |
Health
Education Curriculum Guidelines, 2003 |
No
Cost. |
|
Ed
306.32(b) |
New
Hampshire K-12 Physical Education Curriculum Guidelines, 2005 |
https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-pe.pdf No
Cost. |
|
Ed
306.34(b) |
Common
Core State Standards for Mathematics, 2010 |
https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-math.pdf No
Cost. |
|
Ed
306.35(b) |
New
Hampshire Computer Science Standards, 2018 |
Part 1: https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-cs1.pdf Part 2: https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/sonh/standards-part2.pdf No Cost. |
|
Ed
306.36(b) |
Next
Generation Science Standards, 2017 |
https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-science.pdf No
Cost. |
|
Ed
306.37(b) |
K-12
Social Studies New Hampshire Curriculum Framework, 2006 |
No
Cost. |
|
Ed
306.39(d) |
New
Hampshire Guidelines for World-Ready Language Learning, 2018 |
No
Cost. |
|
Ed 316.05(b) |
Specifications
for and Posting of Signs |
Go
to www.mutcd.fhwa.dot.gov/kno_2009r1r2.htm US Department of
Transportation Federal Highway
on Administration Manual on
Uniform Traffic Control Devices (MUTCD) Available online
in pdf file only |
|
Ed 320.02(b)(6) |
American
National Standards Institute Z-358.1 Eyewash Standards 2014 |
Available in the
ANSI webstore: https://webstore.ansi.org/standards/isea/ansiiseaz3582014 Cost:
$65 per pdf download |
|
Ed
321.03(i) |
Illuminating Engineering Society.
ANSI/IES RP-3-20, Recommended
Practice: Lighting Educational Facilities. New York: IES;
2020. |
Available
as downloadable secure PDF only. $120; member price $90. |
|
Ed
321.03(j) |
ANSI
S12.60 American National Standard
Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools Part 1, 2010
edition |
https://webstore.ansi.org/standards/asa/ansiasas1260part2010r2020 Available
as downloadable PDF, $143. |
|
Ed
321.03(q) |
American
National Standards Institute Z-358.1, American National Standard for
Emergency Eyewash and Shower Equipment 2014 |
Available
in the ANSI webstore: https://webstore.ansi.org/standards/isea/ansiiseaz3582014 Cost:
$65 per pdf download |