N.H. Code Admin. R. Ann. Ed — Board of Education

Chapter Ed 200 Rules of Practice and Procedure

Part Ed 201 Purpose and Scope

N.H. Code Admin. R. Ann. Ed 201.01 Purpose {#sec-ed-201.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.01}

(a) Parts Ed 201 through Ed 213 provides rules of practice and procedure for the conduct of adjudicative proceedings in contested cases. The board has adopted these rules for the purpose of establishing an orderly procedure for acquiring sufficient information to make fair and reasoned decisions.

(b) In accordance with RSA 541-A:38, Part Ed 205 provides for a neutral evaluation and mediation as methods of alternative dispute resolution. The board encourages parties to utilize either of these informal procedures to reach settlement of a dispute prior to the dispute becoming a contested case.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 201.02 Scope {#sec-ed-201.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.02}

The rules in this chapter shall apply to all adjudicative proceedings as defined in Ed 202.01 conducted by the board or its agents under RSA 21-N:11, III, including, but not limited to, nonpublic school grievances, home education grievances, grievances filed with the bureau of food and nutrition and for any other matter that meets the requirements of RSA 541-A:1,IV. These rules shall not provide rights to a hearing for issues involving special education, except as provided by Ed 1128, or rights in addition to those provided by statute.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 201.03 Waiver or Suspension of Procedural Rules {#sec-ed-201.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.03}

In accordance with RSA 541-A:37, the board or hearing officer upon the motion or petition of any interested person, shall agree to suspend or waive any procedural requirement or limitation imposed by this chapter upon 7 days notice to affected persons, upon a finding that the waiver or suspension will not adversely affect the rights of parties and intervenors to a fair resolution of the dispute, and all parties and intervenors agree to the waiver or suspension and such waiver or suspension is not precluded by law.

History

#6348, eff 10-5-96; ss by #6819, eff 9-1-98; ss by #8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 201.04 Computation of Time {#sec-ed-201.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.04}

(a) Any time period specified in this chapter shall begin with the day following the event, act or default and shall include the last day of the period unless it is a Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next business day. When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

(b) Upon a finding of good cause and except where the time is fixed by statute, the hearing officer shall increase or decrease the time provided for the filing of any documents, or advance or postpone the time set for any oral hearings. Good cause shall include temporary unavailability of representative, party, witness or evidence. A motion for a change in time shall be granted upon a finding of diligence and probable injury to the moving party which outweighs any detriment likely to be suffered by any other party to the proceeding.

(c) A motion to change time shall be filed within 3 business days of the event in question, unless good cause is shown, including, but not limited to instances of illness.

History

#8334-A, eff 4-23-05 (from Ed 206.01)

N.H. Code Admin. R. Ann. Ed 201.05 Role of Complainants and Department Staff in Adjudication. {#sec-ed-201.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.05}

(a) Unless called as witnesses, department staff shall have no role in any enforcement or disciplinary hearing other than ministerial acts, including but not limited to scheduling hearings and providing notice to the parties.

(b) Unless called as a witness or granted party or intervener status, a person who initiates an adjudicative proceeding by complaining to the department about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

History

#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 201.06 Reopening of the Record {#sec-ed-201.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.06}

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 201.07 Withdrawal of Hearing Officer {#sec-ed-201.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.07}

(a) Upon his or her own initiative or upon the motion of any party, a hearing officer shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a hearing officer:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party; or

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

History

#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 201.08 Retention Schedule for Written Decisions or Orders {#sec-ed-201.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 201.08}

The original copy of the hearing officer’s report shall be maintained in the case file in the office of legislation and hearings. A copy of the report and recommendations shall be maintained in the state board of education’s files maintained in the office of the commissioner. Said files shall be retained in accordance with periods for retention set by the director of the division of archives and records management of the department of state pursuant to rules adopted under RSA 5:40.

History

#8334-A, eff 4-23-05

Part Ed 202 Definitions

N.H. Code Admin. R. Ann. Ed 202.01 Adjudicative Proceeding {#sec-ed-202.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.01}

"Adjudicative Proceeding" means the procedures to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36 and this chapter.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.02 Board {#sec-ed-202.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.02}

"Board" means the state board of education.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.03 Commissioner {#sec-ed-202.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.03}

"Commissioner" means the commissioner of the New Hampshire department of education.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.04 Contested case {#sec-ed-202.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.04}

"Contested case" means a "contested case" as defined in RSA 541-A:1, IV.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.05 Data {#sec-ed-202.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.05}

"Data" means all information other than argument, including, but not limited to:

(a) Oral or written descriptions;

(b) Reports;

(d) Charts;

(e) Drawings;

(f) Photographs;

(g) Audio or video recordings;

(h) Computer programs or printouts;

(i) Testimony;

(j) Notes; and

(k) Memoranda or documents, whether finished or unfinished.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.06 Department {#sec-ed-202.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.06}

"Department" means the New Hampshire department of education established by RSA 21-N:2.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.07 Educator {#sec-ed-202.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.07}

"Educator" means any professional employee of any school district whose position requires certification by the state board pursuant to RSA 189:39. Administrators, specialists, and teachers are included within the definition of this term.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.08 Ex parte communication {#sec-ed-202.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.08}

"Ex parte communication" means the transmittal of data or argument, by a party or at the request of a party, concerning the merits of the subject matter of any hearing to or from a person who is to render a decision or make findings of fact and conclusion of law in a contested case without prior notice to all parties allowing them to participate.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.09 File {#sec-ed-202.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.09}

"File" means to place a document in the actual possession of the department.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.10 Hearing officer {#sec-ed-202.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.10}

"Hearing officer" means an individual to whom the board has delegated authority pursuant to 186:10-a.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.11 Hearing {#sec-ed-202.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.11}

"Hearing" means the process by which the parties actually present evidence, data, and/or argument by methods appropriate to the circumstance and includes, but is not limited to:

(a) Conducting trial-type evidentiary procedures;

(b) Directing the filing of exhibits, affidavits, memoranda, or briefs;

(d) Any combination of the above or similar procedures.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.12 Motion {#sec-ed-202.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.12}

"Motion" means any request by a party to a proceeding for an order relating to that proceeding.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.13 Office of legislation and hearings {#sec-ed-202.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.13}

“Office of legislation and hearings” means an entity within the office of the commissioner that acts as agent for the state board or commissioner for the purpose of overseeing the resolution of disputes.

History

#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 202.14 Order {#sec-ed-202.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.14}

"Order" means a document issued by the board or hearing officer on behalf of the board:

(a) Establishing procedures to be followed in an adjudicative or non-adjudicative proceeding;

(b) Granting or denying a petition or motion;

(d) Determining a person's rights to a credential or other privilege established by RSA 189:39, RSA 186:11 X (a) or the rules of this chapter.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 202.13)

N.H. Code Admin. R. Ann. Ed 202.15 Party {#sec-ed-202.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.15}

"Party" means "party" as defined in RSA 541-A:1, XII.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 202.14)

N.H. Code Admin. R. Ann. Ed 202.16 Person {#sec-ed-202.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.16}

"Person" means "person" as defined in RSA 541-A:1,XIII.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 202.15)

N.H. Code Admin. R. Ann. Ed 202.17 Petition {#sec-ed-202.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.17}

"Petition" means any request to the board seeking an order or any other action or relief, but does not include a certificate application, a complaint against a licensee, or a motion.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 202.16)

N.H. Code Admin. R. Ann. Ed 202.18 Prehearing conference {#sec-ed-202.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.18}

"Prehearing conference" means a prehearing conference conducted in accordance with Ed 208.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 202.17)

N.H. Code Admin. R. Ann. Ed 202.19 Rulemaking {#sec-ed-202.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 202.19}

"Rulemaking" means the process by which the board proposes and adopts an administrative rule.

History

#8334-A, eff 4-23-05 (from Ed 202.18)

Part Ed 203 Filing Documents General and Specific Requirements

N.H. Code Admin. R. Ann. Ed 203.01 Filing of Documents with the Board {#sec-ed-203.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 203.01}

A document shall be considered properly filed when it is actually received by the office of legislation and hearings or the hearing officer, and conforms to the requirements of this chapter.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 207.01)

N.H. Code Admin. R. Ann. Ed 203.02 Form, Appearance, and Number of Documents {#sec-ed-203.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 203.02}

All documents to be filed under this chapter shall:

(a) Be legible and of the size 8-1/2”x11”, with a left margin of 1-1/2”;

(b) Be produced using a font that is easily read and not smaller than 10 point;

(d) Contain the title of the proceeding and the docket number after it is assigned;

(e) Be dated and signed in ink; and

(f) State the title, if applicable, and address of the signer.

History

#8334-A, eff 4-23-05 (from Ed 207.02)

N.H. Code Admin. R. Ann. Ed 203.03 Signature and Certification of Veracity {#sec-ed-203.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 203.03}

All petitions, motions, and replies filed with the department shall be signed by the party, or if represented, by his/her representative. The signature on the document shall constitute certification by the signor that the signor has read the document, is authorized to file it, and that to the best of his or her information, knowledge, and belief, there are reasonable grounds to support it and it has not been filed for delay.

History

#8334-A, eff 4-23-05 (from Ed 207.03)

N.H. Code Admin. R. Ann. Ed 203.04 Notice of Hearings {#sec-ed-203.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 203.04}

(a) All notices of hearings shall:

(1) Be prepared and forwarded so as to afford all parties sufficient opportunity to prepare for, and develop the issues to be considered and decided at, the hearing; and

(2) Be forwarded to all parties:

a. In sealed envelopes;

Through the United States mails;
Registered mail;
Return receipt; or

b. By personal service; or

c. Transmitted electronically with automatic receipt.

(b) The notice shall contain all the elements listed in Ed 206.03.

History

#8334-A, eff 4-23-05 (from Ed 210.01)

N.H. Code Admin. R. Ann. Ed 203.05 Pleadings {#sec-ed-203.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 203.05}

(a) The only pleadings permitted shall be petitions and replies thereto. Petitions and replies thereto shall be served upon all other parties.

(b) Unless otherwise specified by statute or this chapter, all petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts which cause the petitioner to request the board to act;

(4) The action which the petitioner requests the board to take;

(5) The identification of any statutes, rules, orders, or other authority which entitles the petitioner to have the board act as requested; and

(6) The name and address of the interested persons, if any:

a. Against whom the petitioner complains, or against whom the petitioner wishes the board to act; or

b. Whose rights might be affected by decisions of the board.

(1) The name and address of the respondent;

(2) The name and address of the respondent's representative, if any;

(3) A statement admitting, denying, or claiming to have insufficient information to respond to, each and every fact stated in the petition;

(4) A statement admitting or denying the authority identified in support of the action requested by the petitioner;

(5) A concise statement of each and every additional or different fact which causes the respondent to request the department not to act, or to act differently from that requested by the petitioner;

(6) The identification of any statutes, rules, orders, tariffs, or other authority, not identified in the petition, bearing upon the subject matter of the petition; and

(7) The action which the respondent wishes the board to take.

(d) An answer shall be filed within 30 days after service of a petition unless otherwise ordered by the hearing officer, for good cause shown, including but not limited to illness, accident, or death of a family member.

(e) The petitioner shall be presumed to deny all the allegations in the answer and no response shall be permitted to the reply.

History

#8334-A, eff 4-23-05 (from Ed 208.01)

N.H. Code Admin. R. Ann. Ed 203.06 Motions {#sec-ed-203.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 203.06}

(a) Unless otherwise specifically provided in this chapter, all motions and objections thereto shall conform to the requirements of this section.

(b) Unless presented orally during a pre-hearing conference, hearing or other proceeding, all motions and objections thereto shall be in writing and served upon all other parties.

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, and other authority authorizing the relief sought by the motion; and

(4) The facts claimed to constitute the grounds requiring the relief requested by the motion.

(d) Objections to motions shall state clearly and concisely:

(1) The defense of the party filing the reply;

(2) The action which the party filing the reply wishes the presiding officer to take on the motion; and

(3) The statutes, rules, orders, or other authority, including but not limited to case law, relied upon in defense of the motion.

(e) An objection to a motion shall specifically admit, deny, or state that the respondent has insufficient information to admit or deny each and every fact contained in the motion. Failure to deny or claim insufficient information shall constitute the admission of the fact for the purpose of the motion.

(f) All motions shall be decided upon the written record submitted unless oral argument on the motion is requested by a party. Any request for oral argument on a motion shall be filed with the hearing officer and shall set forth specific reasons for the request. Repetitious motions shall not be filed.

(g) Unless otherwise provided by statute, this chapter, or by agreement of the parties, objections to motions shall be filed within 10 days after the party receives a copy of the motion. Failure to reply to a motion within the time allowed shall constitute a waiver of objection to the motion.

History

#8334-A, eff 4-23-05 (from Ed 208.02)

Part Ed 204 Minimum Requirements for Due Process by the Local School Board

N.H. Code Admin. R. Ann. Ed 204.01 Proceedings at the School Board Level to Resolve Disputes Between Individuals and the School System {#sec-ed-204.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 204.01}

(a) A local school board shall adhere to the following due process procedures prior to a party filing a dispute as a contested case with the office of legislation and hearings except for disputes governed by Ed 204.02 or other rules of the board governing specific circumstances:

(1) Provide opportunity for a hearing when the legal rights, duties or privileges of a party are threatened;

(2) Provide notice of such a hearing;

(3) Conduct a hearing in a manner assuring due process;

(4) Establish an adequate record in all contested cases; and

(5) Issue timely decisions and orders.

(b) The local board shall provide an opportunity for a hearing if requested at which the following procedures shall apply:

(1) The party, together with a parent or guardian, if applicable, or legal counsel, if applicable, may waive the right to a hearing in (a), above;

(2) Formal rules of evidence shall not be applicable;

(3) The hearing shall be either public or nonpublic consistent with the provisions of RSA 91-A:3, II(a); and

(4) During the hearing, the school board shall allow a party, or a designated representative of the party, to examine any and all witnesses.

(c) The local board shall include a statement that the local school board has complied with all the requirements of RSA 91-A, the state's right to know law, including compliance with all the recordkeeping requirements of that law.

(d) The local board shall provide a written decision determined by a quorum of the local board which shall include notice that the decision may be appealed to the state board.

(e) The decision of the local board shall at a minimum, include the following:

(1) The date of the decision;

(2) A description of the issue in dispute;

(3) The board’s decision; and

(4) The rationale for the board’s decision;

(f) The written decision shall be considered a final decision at the local level.

(g) A party may appeal a final decision of the local board to the state board within 30 calendar days of receipt of the written decision of the local board, in accordance with RSA 541-A and Ed 200. The state board may waive the 30-day requirement for good cause shown, including, but not limited to, illness, accident, or death of a family member.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 216.01)

N.H. Code Admin. R. Ann. Ed 204.02 Hearing Procedure For Teacher Nonrenewal {#sec-ed-204.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 204.02}

(a) A school board shall notify an educator who will not be renominated or reelected for the next school year.

(b) The notice of nonrenewal shall be sent to such educator by the date specified in RSA 189:14-a.

(1) A valid educator certificate issued by the department; and

(2) Taught for 3 or more years in the school district; or

(3) Taught for 2 consecutive years or more in any school district in the state, after having taught 3 consecutive years or more in any school district in the state may request in writing, within 10 days of receipt of said notice:

a. A hearing before the school board, and

b. The reasons for nonrenewal.

(d) The school board, upon receipt of a request, pursuant to (c), above, shall commence a hearing for the educator within 15 days, unless the parties agree otherwise.

(e) The hearing shall be conducted in accordance with the following:

(1) The hearing shall be either public or nonpublic;

(2) The choice shall be that of the educator, consistent with the provisions of RSA 91-A:3, II(a);

(3) The hearing shall be recorded;

(4) Upon request of either party the board shall arrange for transcription;

(5) The party requesting the transcription shall bear the cost;

(6) Either party may be represented by legal counsel;

(7) All witnesses, except the parties principal to the action, shall be:

a. Sequestered from hearings held in nonpublic session; and

b. Allowed to enter the nonpublic session only for the purpose of testifying;

(8) All testimony shall be under oath or affirmation;

(9) The school superintendent, or school board if the teacher was nominated but not reelected, or their representative shall open the proceedings through the production of witnesses and documents;

(10) Each party opponent shall be afforded the opportunity to cross-examine each witness immediately following the direct testimony;

(11) After each party opponent has had an opportunity to cross-examine a witness, members of the board may ask questions of the witness for purposes of clarification;

(12) A party shall offer evidence as follows, but irrelevant, immaterial, or unduly repetitious evidence shall be excluded:

a. A party shall produce such additional evidence as the school board deems necessary to an understanding and determination of the issues;

b. All relevant and material evidence shall be admissible; and

c. Hearings shall not be bound by the New Hampshire rules of evidence or the Federal Rules of Evidence;

(13) The school board may receive and consider the evidence of witnesses subject to consideration of any objections made to its admission;

(14) Witnesses shall appear in person unless extenuating circumstances prevent them from such appearance, provided that both parties agree, in which event:

a. The appearance shall occur through other means including, but not limited to a telephone call; and

b. Cross-examination shall be available;

(15) Exhibits, when offered by either party, may be received in evidence by the school board;

(16) After the school board or superintendent has presented its case, the educator shall present his/her case and produce his/her witnesses for examination;

(17) Rebuttal evidence may be presented by either party, limited to rebut evidence previously submitted by the other party;

(18) After all the evidence is submitted to the school board, the educator or his/her legal counsel shall be given an opportunity to make a short summary of his/her case to the school board;

(19) The school board or superintendent shall then be afforded an opportunity to present a short summary of its case to the school board;

(20) If the educator was nominated but not reelected, the school superintendent or school board or its representative shall have the burden of proving its case by a preponderance of the evidence;

(21) The school board shall meet to deliberate based solely on the evidence presented at the hearing, and the deliberation shall be in public or nonpublic session consistent with RSA 91-A:3,II(a);

(22) The school board shall provide a written decision to the educator within the time specified in RSA 189:14-a;

(23) The decision shall list the pertinent facts and conclusions of law found by the school board in arriving at its decision;

(24) The school board shall, in its decision, advise the educator of his/her right to appeal the decision to the state board; and

(25) This decision shall be mailed to the educator by certified mail.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 216.02)

Part Ed 205 Alternative Dispute Resolution

N.H. Code Admin. R. Ann. Ed 205.01 Availability {#sec-ed-205.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 205.01}

(a) Any person aggrieved by a final decision at the local level may request alternative dispute resolution, prior to seeking an appeal at the state level.

(b) Methods of alternative dispute resolution shall not be mandatory for any party nor shall such evaluation impair either party's right to an appeal.

(d) If mediation is chosen the procedure shall be governed by Ed 205.03.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 215.01)

N.H. Code Admin. R. Ann. Ed 205.02 Neutral Evaluation Procedure {#sec-ed-205.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 205.02}

(a) If both parties agree to attempt to settle differences through neutral evaluation, the department shall schedule and conduct such evaluation.

(b) The following requirements shall apply to an evaluation pursuant to (a) above:

(1) A neutral evaluation shall consist of an informal, abbreviated presentation of case facts and issues by the parties to a neutral evaluator appointed by the office of legislation and hearings and who shall be responsible for reviewing the strengths and weaknesses of the case and issuing a written report as provided in (j), a copy of which shall be given to all parties.

(2) There shall be no record made of the neutral evaluation except only the date and names of the participants shall be recorded; and

(3) Evidence that would otherwise be admissible in an appeal, a due process hearing or in a subsequent court hearing shall not be rendered inadmissible as a result of its use in a neutral evaluation.

(c) Once the neutral evaluation process has been selected the office of legislation and hearings shall assign a neutral evaluator to the case.

(d) The following shall apply to selection of a neutral evaluator:

(1) The neutral evaluator shall not have personal knowledge of any of the parties;

(2) Upon receipt of notice of appointment in a case, the neutral evaluator shall disclose any circumstances likely to create a conflict of interest, the appearance of a conflict of interest, a reasonable inference of bias, or likely to prevent the process from proceeding as scheduled;

(3) If the neutral evaluator withdraws, has a conflict of interest, or is otherwise unavailable, a replacement neutral evaluator shall be appointed by the office of legislation and hearings on behalf of the board to hear the issue; and

(4) The neutral evaluator shall not act as a legal advisor or legal representative.

(e) Following selection of a neutral evaluator, the department shall:

(1) Schedule the neutral evaluation;

(2) Provide the parties with the neutral evaluator's name and address;

(3) Provide the time, date, and place of the neutral evaluation; and

(4) Specify the date by which the parties shall furnish the neutral evaluator with required information and documentation.

(f) Not less than 5 days prior to the neutral evaluation, the parties shall submit to the neutral evaluator and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not more than 4 pages.

(g) Parties shall not communicate with the neutral evaluator concerning their case outside of the neutral evaluation.

(h) At the neutral evaluation, the parties shall be present and shall have authority to authorize settlement.

(i) If the neutral evaluator deems it necessary, such neutral evaluator may request additional written information prior to the evaluation from either party. At the neutral evaluation, the neutral evaluator may address questions to the parties and shall allow each party no more than 30 minutes to complement their written summaries with a brief oral statement. The evaluation shall be limited to not more than 2 hours.

(j) The neutral evaluator shall issue an oral opinion following the conference with a written report mailed to the parties within 48 hours of the conference excluding Saturday, Sunday, or a holiday. The report shall contain a suggested settlement or disposition and the reasons therefor.

(k) Following a scheduled neutral evaluation the evaluator shall advise the office of legislation and hearings as follows:

(1) If the neutral evaluation results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party with a copy to the office of legislation and hearings; or

(2) If the neutral evaluation does not result in agreement, the neutral evaluator shall report only the date and the participants at the meeting.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 215.02)

N.H. Code Admin. R. Ann. Ed 205.03 Mediation Procedure {#sec-ed-205.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 205.03}

If mediation is chosen by both parties as an alternative dispute resolution, the following shall apply:

(a) A request for mediation shall be made by either party in writing and shall be accompanied by the final written decision at the local level. The mediation request shall specify the issue or issues in dispute and the relief sought.

(b) Once the mediation procedure is selected, the department shall assign and provide the parties with the name and address of a mediator. The office of legislation and hearings shall establish the time and date for the session. The session shall be conducted at a place determined by the office of legislation and hearings.

(1) Determine issues;

(2) Explore options; and

(3) Suggest an equitable resolution to the dispute.

(d) The role of the mediator shall be:

(1) To facilitate communication;

(2) To define the issues and explore possible resolutions to the dispute;

(3) To remain neutral; and

(4) To insure that parties openly, freely, and candidly discuss the strengths and weaknesses of their positions with the mediator.

(e) Information provided to the mediator in private discussion shall be confidential and shall not be divulged to the opposing side unless specifically authorized.

(f) The mediator shall not have the authority to render a decision or impose a settlement on the parties.

(g) The mediation conference shall consist of a session or sessions with the parties and their counsel, if retained, to facilitate a settlement acceptable to the parties.

(h) Not later than 10 days prior to the session each party shall submit to the mediator and all other parties a summary of the significant aspects of their case. Each party shall attach to the summary copies of all documents on which they rely; such summaries shall be not more than 4 pages.

(i) Upon receipt of a party's submission, any party may send to the mediator and all other parties additional information responding to that submission.

(j) At the mediation session, all parties and counsel, if retained, shall have authority to authorize the mediation agreement.

(k) If resolution cannot be achieved on the date assigned, the mediator shall continue the mediation process, either with additional in-person mediation sessions or electronically.

(m) Within 30 days of the initial mediation session, the mediator shall file a report with the office of legislation and hearings advising that the case has been settled, that mediation is ongoing, or that mediation failed to resolve the dispute.

(n) If mediation is ongoing, the mediator shall file a final report within 3 days of the final mediation session.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 215.03)

Part Ed 206 Adjudicative Proceedings

N.H. Code Admin. R. Ann. Ed 206.01 Appeal to State Board {#sec-ed-206.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 206.01}

(a) A party aggrieved by a decision at the local level may appeal to the state board for review, in accordance with RSA 541-A and Ed 200, provided that such appeal is filed within 30 days of receipt of the written decision of the local board or 7 days after any alternative dispute resolution that did not produce an agreement with parties. Decisions made under RSA 186-C relative to special education shall be appealed directly to a court of competent jurisdiction

(b) Each appeal shall be in writing and shall be addressed to the office of legislation and hearings.

(1) The name, address and phone number of the person making the appeal;

(2) How the person has been adversely affected by the decision;

(3) Any other information the person deems relevant to a speedy resolution of the matter including but not limited to the law, rule or local policy which was the basis for the decision which the person is challenging.

(d) The party filing the appeal shall enclose a copy of the final local board decision.

(e) The hearing officer may waive this requirement for good cause shown including but not limited to illness, accident, or death of a family member.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05

N.H. Code Admin. R. Ann. Ed 206.02 Docketing and Service {#sec-ed-206.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 206.02}

(a) The office of legislation and hearings shall assign the appeal a docket number and serve the order of notice upon all parties to the proceeding by certified mail, personal service, or electronic submission with record of transmittal. The date of service shall be the date of personal delivery or receipt by the parties.

(b) All subsequent communications by each party shall include all other parties and be by personal service, the United States mail, electronic or telephonic device.

(c) Orders, notices, memoranda, and all other material submitted in a docketed case shall be kept in a docket file and made available for public inspection in the department.

(d) Upon agreement of the parties, the hearing officer shall amend the order of notice.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 209.03)

N.H. Code Admin. R. Ann. Ed 206.03 Commencement and Order of Notice {#sec-ed-206.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 206.03}

(a) Upon receipt of the appeal filed under Ed 206.01 and docketed under Ed 206.02 the office of legislation and hearings shall:

(1) Assign the case to a hearing officer;

(2) Include the following in the order of notice sent to the parties:

a. The date the appeal was received by the office of legislation and hearings;

b. The docket assigned to the appeal;

c. Name, address, and telephone number of the hearing officer;

d. The date scheduled for mediation, if mediation is agreed to by parties;

e. Summary of issue (s);

f. The date, time, and place of the pre-hearing, which shall be limited to

procedural matters or settlement;

g. The names of the parties to the proceedings as of the date of the notice;

h. A statement of the legal authority under which the hearing is to be held;

i. A reference to the particular sections of the statutes and rules involved;

j. A statement that each party has the right to have an attorney present to represent the party at the party's expense, and

k. A statement that each party has the right to have the department provide a certified shorthand court reporter, at the party's expense, for proceedings before the state board of education concerning teacher non-renewal, as provided in RSA 541-A:31, VII-a. Any such request shall be submitted in writing, to the office of legislation and hearings, at least 10 days prior to the proceeding.

(b) Unless otherwise provided for by statute, hearings shall be scheduled not later than 3 business days after received by the office of legislation and hearings. The date set shall allow sufficient and reasonable time for preparation of the case by the hearing officer and all other parties.

(c) Upon agreement of the parties, the hearing officer may continue the hearing and reschedule it for a date later than that specified in the notice, provided that the right of parties and intervenors to a timely resolution of the dispute is not adversely affected.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 209.02)

N.H. Code Admin. R. Ann. Ed 206.04 Failure to Appear {#sec-ed-206.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 206.04}

(a) Upon good cause shown, including but not limited to illness, accident or death of a family member, the hearing officer shall continue the hearing and reschedule it for a date later than that shown in the order of notice but in no case shall the continuance be granted for more than 15 calendar days. Notice of the continuance shall be made in writing to all parties except that, if the continuance is granted less than 3 business days before the scheduled hearing date, notice shall be made by telephone followed by notice in writing.

(b) Any party who has been served notice in accordance with this chapter, who fails to appear, and who fails to obtain a continuance from the hearing officer prior to the scheduled time of the hearing, shall have a decision rendered against her/him if the interests of justice will be served by such action.

(c) A party against whom a decision has been rendered may request by motion that a decision be set aside. The motion shall set forth the specific reasons for failure to appear.

(d) Motions to set aside decisions shall be granted for good cause shown which shall include any circumstances which prevented the party from appearing and which was beyond the party's control.

History

#8334-A, eff 4-23-05 (from Ed 209.04)

N.H. Code Admin. R. Ann. Ed 206.05 Intervention {#sec-ed-206.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 206.05}

(a) Petitions for intervention shall be filed at least 3 days before the commencement of a proceeding or at any time if the hearing officer determines that such intervention would not impair the orderly and prompt conduct of the proceeding.

(b) Petitions for intervention shall state, with particularity:

(1) The petitioner's interest in the subject matter of the proceeding;

(2) The petitioner's point of view with respect to the subject matter of the hearing;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceedings would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

(c) Petitions for intervention shall be granted and shall include any conditions and limitations specific to the circumstances unique to the case. Orders granting intervention shall be modified at any time as necessary to prevent or rectify prejudice to a party.

(d) An intervenor shall be subject to the same time limitations which would have been applicable if he or she had been a party from the commencement of the proceedings. An intervenor shall participate in the remaining aspects of the proceeding from the time of intervention, and no phase or portion of the proceeding shall be repeated for the benefit of the intervenor.

History

#8334-A, eff 4-23-05 (from Ed 209.05)

N.H. Code Admin. R. Ann. Ed 206.06 Consolidation and Severance {#sec-ed-206.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 206.06}

(a) Whenever it shall appear to the hearing officer that 2 or more proceedings involve substantially similar or substantially related issues the hearing officer shall consolidate those proceedings for appeal decision, or both.

(b) Whenever it shall appear to the hearing officer that prejudice to a party or parties or undue delay shall be thereby avoided, the hearing officer shall sever one or more issues or parties, and dispose of those issues and include those parties in another proceeding.

History

#8334-A, eff 4-23-05 (from Ed 209.06)

Part Ed 207 Appearance Before Hearing Officer

N.H. Code Admin. R. Ann. Ed 207.01 Who May Appear {#sec-ed-207.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 207.01}

A person shall appear in a proceeding by personal attendance or through the attendance of a representative appointed by the person.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 205.01)

N.H. Code Admin. R. Ann. Ed 207.02 Representatives {#sec-ed-207.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 207.02}

(a) Individuals or public or corporate bodies may appoint a representative who is either an attorney-at-law licensed in New Hampshire or is a person knowledgeable about the subject matter of the appeal to represent him or her.

(b) In the case of a party being represented by an attorney, all correspondence relative to the case at issue shall be forwarded to the attorney rather than directly to the party the attorney represents.

(c) An attorney representing a party shall file an appearance with the hearing officer announcing the fact of representation at the earliest date practical.

(d) Parties shall retain counsel at their own expense and requests for appointment of counsel shall not be entertained.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 205.02)

N.H. Code Admin. R. Ann. Ed 207.03 Disqualification or Suspension {#sec-ed-207.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 207.03}

(a) After notice and opportunity for hearing and a finding of misconduct by any individual relating to representation before the hearing officer, the individual shall be disqualified from acting as a representative before the hearing officer.

(b) A finding of misconduct shall be based on the following actions or behaviors:

(1) Obstruction of fair, due process; or

(2) Disruption of the orderly conduct of procedure; or

(3) Willful action which violates RSA 541-A.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 205.03)

Part Ed 208 Prehearing Conferences

N.H. Code Admin. R. Ann. Ed 208.01 Prehearing Conferences {#sec-ed-208.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 208.01}

(a) Upon receipt of a written request for an appeal, the office of legislation and hearings shall schedule one or more prehearing conferences.

(b) Matters which may be considered at prehearing conferences shall include, but not be limited to, the following:

(1) Offers of settlement;

(2) Identification of the issues and pre-hearing rulings of law;

(3) Stipulations or admissions as to issues of fact;

(4) Limitations on the number of witnesses;

(5) Recommendations to the board, and subject to its approval, concerning procedures which shall be changed or tailored to suit the needs of the particular parties and their circumstances;

(6) Scheduling; and

(7) Any other matters which may aid in the disposition of the proceeding.

(c) The hearing officer shall develop a prehearing discovery schedule which shall include but not be limited to deadlines for parties to provide the following:

(1) Dates for alternative dispute resolution;

(2) A hearing date;

(3) Close of discovery date; and

(4) A date for exchanging a list giving the name and address of all witnesses and a list briefly identifying all exhibits.

(d) Copies of witness and exhibit lists shall also be provided to the hearing officer. These lists shall be updated whenever there is a change in the contents of the list. No witness shall testify, and no exhibits shall be offered, if not identified in a list in accordance with this paragraph, unless the hearing officer waives this requirement for good cause shown.

(e) The hearing officer shall cause all formal conference proceedings, such as prehearing conferences and hearings, to be recorded verbatim. Any party may request a copy of such recording or request transcription. The requesting party shall pay all actual costs for such transcription unless otherwise provided by law.

(f) No formal proceeding shall begin until at least one prehearing conference has been held.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 204.01)

Part Ed 209 Conduct of Hearings

N.H. Code Admin. R. Ann. Ed 209.01 Authority of Hearing Officer {#sec-ed-209.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.01}

The hearing officer shall:

(a) Hold hearings;

(b) Regulate and control the course of hearing;

(d) Determine the order of proof;

(e) Receive relevant evidence;

(f) Take official notice of facts which are of common knowledge and general notoriety;

(g) Dispose of procedural requests;

(h) Hold informal conferences, preceding a prehearing;

(i) Interview or examine parties or witnesses;

(j) Consider and evaluate facts and evidence in order to make proposed findings of fact or conclusions of law;

(k) Cause a complete record of any proceeding to be made; and

(l) Take any other action, consistent with applicable statutes and rules, necessary to conduct and complete the proceeding in a fair and timely manner.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 210.03)

N.H. Code Admin. R. Ann. Ed 209.02 Burden of Proof {#sec-ed-209.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.02}

In all proceedings governed by this chapter the party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 210.04)

N.H. Code Admin. R. Ann. Ed 209.03 Standard of Proof {#sec-ed-209.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.03}

In all proceedings governed by this chapter the party who proves his or her case by a preponderance of the evidence shall prevail.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 210.05)

N.H. Code Admin. R. Ann. Ed 209.04 Order of Proof {#sec-ed-209.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.04}

The party bearing the burden of proof shall present its evidence first unless otherwise agreed to by the parties. All parties shall have the opportunity to present testimony, demonstrative and documentary evidence, cross-examine adverse witnesses and make opening and closing statements.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 210.06)

N.H. Code Admin. R. Ann. Ed 209.05 Evidence {#sec-ed-209.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.05}

Introduction and admissibility of evidence shall be governed by the following:

(a) Pursuant to RSA 541-A:33, II, hearings shall not be bound by the New Hampshire rules of evidence or the Federal Rules of Evidence.

(b) All relevant and material evidence shall be admissible. Repetitive, cumulative or irrelevant evidence shall be excluded.

(c) Evidence may include, but shall not be limited to, depositions, affidavits, official documents, and testimony of witnesses.

(d) To promote efficiency, the hearing officer shall officially notice facts. When he or she officially notices a fact or facts, it shall be so stated in the official record, and any party shall, within 10 days, be given the opportunity to show the contrary.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 210.07)

N.H. Code Admin. R. Ann. Ed 209.06 Trial-type Evidentiary Proceedings {#sec-ed-209.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.06}

Proceedings shall consist of submission of memoranda and trial-type evidentiary sessions at which:

(a) All evidence shall be adduced in the presence of the hearing officer.

(b) All witnesses giving testimony shall first be administered an oath or affirmation by the hearing officer.

(c) Exhibits shall be sequentially identified and numbered for each party. At the time the exhibit is marked for identification, the party offering the exhibit shall provide an original, a copy for each party, and a copy for the department, if practicable. No reference shall be made to an exhibit, other than to mark it for identification, before the hearing officer has accepted it into evidence.

(d) Should the hearing officer determine that the subject matter of the proceeding is so complex, and that no party will be prejudiced thereby, the hearing officer shall require that the direct testimony of specific witnesses be prepared in writing by the party offering that direct testimony.

(e) Written testimony shall be subscribed under oath or affirmation by the witness, and served upon all parties at least 15 days before the first formal evidentiary session of the proceeding. Such written testimony shall not be in lieu of testimony under oath at hearing, so as to afford an opportunity for cross examination on oral and written testimony.

(f) If no other party will be prejudiced by the introduction of written testimony, a party may elect to submit such written testimony without an order, but this election shall require no other party to do so. Written direct testimony so distributed shall be marked as an exhibit, and shall be received into evidence before the witness is cross-examined upon the contents of the exhibit.

(g) Written testimony offered in lieu of oral testimony at hearing shall be permitted provided that there is no material prejudice to the other parties.

(h) Unless otherwise provided by statute or the rules, the petitioner or intervenor shall first adduce all evidence necessary to support its claim. The respondent shall then adduce any evidence desired in defense of the claim, or as directed in the order of notice. The petitioner or intervenor shall then adduce any evidence desired in rebuttal.

(i) The party who calls a witness shall first examine the witness. The party first calling the witness may re-examine the witness, but only concerning those matters raised in cross-examination.

(j) The hearing officer shall accept closing legal memoranda and requests for findings of fact and rulings of law from all parties and intervenors up to 30 days after the close of the hearing unless otherwise provided by law. Such memoranda shall be limited to argument on the evidence presented. Separate requests for findings of fact and conclusions of law which the parties wish the hearing officer to reach shall not exceed 50 pages in length.

(k) Upon expiration of the time for filing closing legal memoranda and requests for finding of fact and rulings of law, the hearing record shall be closed, and the hearing officer shall proceed to a proposed decision. The hearing officer shall reopen the record, at any time prior to a decision, upon appropriate notice to all parties if the hearing officer determines that there is new evidence that was not available at the time of the hearing and that is required to reach a fair and equitable decision.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 210.08)

N.H. Code Admin. R. Ann. Ed 209.07 Ex Parte Communications {#sec-ed-209.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 209.07}

Ex parte communications during the pendency of the proceeding shall be prohibited.

History

#8334-A, eff 4-23-05 (from Ed 210.09)

Part Ed 210 Proposed Decisions by Hearing Officer

N.H. Code Admin. R. Ann. Ed 210.01 Proposed Decisions by Hearing Officer {#sec-ed-210.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 210.01}

(a) Unless otherwise provided by law, the hearing officer shall prepare a written proposed decision within 45 days of the conclusion of the hearing containing, at a minimum, the following information:

(1) The name of the case;

(2) The date of the hearing officer's decision;

(3) The jurisdictional basis for the decision;

(4) A listing of parties and intervenors to the proceeding;

(5) The names of those participating in the hearing;

(6) An introduction briefly summarizing the subject matter and the issues being resolved;

(7) A discussion of the issues, including an identification of any additional testimony which was requested by any of the parties;

(8) Evidentiary rulings or other procedural matters which may impact findings of fact or conclusions of law;

(9) Findings of fact;

(10) Conclusions of law;

(11) The decision of the hearing officer;

(12) An explanation of how the decision can be appealed to the board; and

(13) A statement explaining how to request a nonpublic appeal in accordance with RSA 91-A.

(b) Proposed decisions shall be served upon the parties with notice that within 15 days from the date that the proposed decision was served, they may file exceptions and supporting memoranda of law to be reviewed by the board. Should the parties wish to present oral argument to the board, they shall file a separate request for oral argument at the same time.

(c) If no exceptions are filed to a proposed decision, the board shall consider the proposed decision and issue the final order based on the record.

(d) The matter shall be placed on the agenda for consideration by the board at its next regularly scheduled meeting.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 211.01)

N.H. Code Admin. R. Ann. Ed 210.02 Settlements {#sec-ed-210.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 210.02}

(a) Upon agreement by all parties to an offer of settlement, the hearing officer shall cause a formal document to be drawn which shall specify the terms and conditions of the settlement.

(b) The agreement shall not become final and binding until the document is signed by all parties. All parties shall receive copies of the fully executed documents.

(c) By signing the document all parties shall thereby waive their right to an adjudicative proceeding and the matter and related matters and issues shall be deemed concluded and the settlement binding on the parties. Unless otherwise provided by law, neither the state board nor the department shall enforce the terms and conditions of a settlement agreement.

(d) The hearing officer shall write a proposed recommendation to the state board indicating the parties have settled the matter and include the original settlement agreement defined in (a) and (b).

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 204.02)

Part Ed 211 Exceptions to Rulings by the Hearing Officer

N.H. Code Admin. R. Ann. Ed 211.01 Exceptions to Rulings by the Hearing Officer {#sec-ed-211.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 211.01}

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the hearing officer.

(b) The parties shall be provided a minimum of 15 days after the receipt of the proposed decision to submit written exceptions to rulings of the hearing officer, except as otherwise provided by law.

(c) The board shall rule upon any such exceptions and shall reopen or modify the record, if necessary, or appropriate to effectuate relief. The board shall base its review on any errors in the record, and shall request that the hearing officer reconsider based upon the board's discovery of such an error.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 212.01)

Part Ed 212 Final Review and Decision by the Board

N.H. Code Admin. R. Ann. Ed 212.01 Submission of Written Record to Board {#sec-ed-212.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 212.01}

Upon the close of the evidentiary hearing and time period to respond to the proposed decision with written exceptions, the hearing officer shall provide to the full board the record of the hearing, including the hearing officer's proposed decision required under Ed 212.01 (a) and any written exceptions to rulings by the hearing officer.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 213.01)

N.H. Code Admin. R. Ann. Ed 212.02 Petition for Oral Argument Before Board {#sec-ed-212.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 212.02}

(a) Petitions requesting oral argument before the board shall be submitted with the written exceptions to the hearing officer's proposed decision.

(b) Once granted, the party shall have the right to a 10-minute oral argument on the record before the board and shall be notified in writing of the party's place on the agenda on the board's meeting date.

(1) The findings of the decision;

(2) Any errors of fact or conclusions of law in the decision; and

(3) Any information which the party can show is relevant which the decision omits.

(d) In the case of a non-renewal of a contract for educational personnel certified under Ed 500, oral argument shall be limited to evidence in the written record. If new evidence is available after the conclusion of the hearing and the board's receipt of the proposed decision, the board shall refer the matter to the hearing officer for review.

(e) The choice of whether the review by the board and the hearing are conducted in a public or nonpublic session shall be that of the:

(1) The public employee, consistent with RSA 91-A:3,II(a), or

(2) Any person, other than a member of the board, if the matter which, if discussed in public, would likely affect adversely the person’s reputation, consistent with RSA 91-A:3,II (c).

(f) Oral sessions of the proceeding shall be recorded. If a tape recording is employed, the tape shall be made available for public inspection unless the hearing is held in non-public session pursuant to RSA 91-A. Upon the request of any person or persons, the board shall arrange for transcription. The person or persons requesting the transcript shall bear the costs. Alternatively, a copy of the audio recording shall be made for the requestor in lieu of written transcription. The requestor shall bear the cost of such copying.

(g) Transcripts shall be distributed as follows:

(1) The original to the record of the proceeding; and

(2) One copy to the person requesting the transcript.

(h) The board shall meet in nonpublic session to deliberate.

History

#8334-A, eff 4-23-05 (from Ed 213.02)

N.H. Code Admin. R. Ann. Ed 212.03 Final Decision {#sec-ed-212.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 212.03}

All interested parties shall be notified of the board's final decision in writing and shall be provided with a copy of the decision by certified mail within 10 days after the date such decision is made.

History

#8334-A, eff 4-23-05 (from Ed 213.03)

Part Ed 213 Appeals of Final Board Decision

N.H. Code Admin. R. Ann. Ed 213.01 Right to Appeal {#sec-ed-213.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 213.01}

(a) All appeals of final action by the state board shall be taken in accordance with RSA 541.

(b) A decision of the board shall be considered final:

(1) Thirty days after the decision, if there is no request for rehearing in accordance with Ed 213.02; or

(2) At the conclusion of action required by Ed 213.02.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 214.01)

N.H. Code Admin. R. Ann. Ed 213.02 Rehearing {#sec-ed-213.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 213.02}

(a) Within 30 days of a decision of the board, any party pursuant to RSA 541:3 may make a motion for rehearing.

(b) A motion for rehearing shall:

(1) Include any memorandum of law the petitioner wishes to submit;

(2) Identify each error of fact, error of reasoning, or conclusion of law contained in the decision that the moving party wishes reconsidered; and

(3) Concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party.

(1) Deny the motion for rehearing;

(2) Grant the motion for rehearing and remand the matter to the hearing officer; or

(3) Treat the motion for rehearing as a motion for reconsideration and:

a. Grant the motion as a motion for reconsideration;

b. Deny the motion as a motion for reconsideration; or

c. Table the matter for further discussion and decision at the next board meeting.

History

#6348, eff 10-5-96; amd by #6819, eff 9-1-98; ss by #8334-A, eff 4-23-05 (from Ed 214.02)

Part Ed 214 Public Comment Hearings for Rulemaking

N.H. Code Admin. R. Ann. Ed 214.01 Purpose {#sec-ed-214.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 214.01}

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by a quorum of the board relative to the adoption, amendment or repeal of a board rule under RSA 541-A.

History

#6348, eff 10-5-96; ss by #6819, eff 9-1-98; ss by #8334-A, eff 4-23-05 (from Ed 217.01)

N.H. Code Admin. R. Ann. Ed 214.02 Scope {#sec-ed-214.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 214.02}

(a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited under RSA 541-A:11. They shall not apply to contested cases as defined by RSA 541-A:1, IV.

(b) If any requirement set by these rules conflicts with an applicable statute or federal regulation, such other authority shall control.

History

#6348, eff 10-5-96; ss by #6819, eff 9-1-98; ss by #8334-A, eff 4-23-05 (from Ed 217.02)

N.H. Code Admin. R. Ann. Ed 214.03 Notice {#sec-ed-214.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 214.03}

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

(b) Notice of rulemaking public comment hearings shall comply with RSA 541-A:6.

History

#8334-A, eff 4-23-05 (from Ed 217.03)

N.H. Code Admin. R. Ann. Ed 214.04 Media Access {#sec-ed-214.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 214.04}

(a) Public comment hearings shall be open to the print and electronic media.

(b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limit the placement of television cameras to certain locations in the hearing room; and

(2) Prohibit interviews from being conducted within the hearing room during the hearing.

History

#8334-A, eff 4-23-05 (from Ed 217.04)

N.H. Code Admin. R. Ann. Ed 214.05 Moderator {#sec-ed-214.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 214.05}

(a) The hearing shall be presided over by the moderator who shall be the board chair or a designee.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption as set out in Ed 214.04(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Ed 214.06(b)(2);

(6) Recognize or revoke recognition of a speaker for cause as set out in Ed 214.06(b);

(7) Remove or have removed any person who disrupts the hearing;

(8) Adjourn the hearing; and

(9) Provide opportunity for the submission of written comments consistent with the notice published in the rulemaking register.

History

#8334-A, eff 4-23-05 (from Ed 217.05)

N.H. Code Admin. R. Ann. Ed 214.06 Public Participation {#sec-ed-214.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 214.06}

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall list both name and address on a speakers' list. All those whose names appear on the speakers' list, as provided, may speak at the hearing.

(b) The board, through the moderator, shall:

(1) Refuse to recognize a person who refuses to give his full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 persons, provided that the members who are present may enter their names and addresses into the record as supporting the position expressed by the group or organization;

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; and

(4) Revoke recognition or a speaker who refuses to keep comments relevant to the issues which are the subject of the hearing.

(c) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall be consistent with the notice published in the rulemaking register.

History

#8334-A, eff 4-23-05 (from Ed 217.06)

Part Ed 215 Rules for Petitioning the Board

N.H. Code Admin. R. Ann. Ed 215.01 Rulemaking Petitions {#sec-ed-215.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 215.01}

(a) Any interested person may petition the board, for the adoption, amendment or repeal of any board rule under RSA 541-A:4.

(b) Within 30 days of the receipt of the completed petition required by Ed 215.03, the board shall either:

(1) Initiate rulemaking procedures in compliance with the petition and in accordance with RSA 541-A:3; or

(2) Deny the petition in writing, stating the reasons for the denial. Such reasons shall detail why the board deems the problem can be solved by a method which does not require a formal rulemaking proceeding.

(c) The board shall determine whether to initiate a requested procedure or deny a petition based on whether the requested change is consistent with the duties of the board under RSA 21-N:11 or RSA 186:11, and the policy statement contained in RSA 21-N:1.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 218.01)

N.H. Code Admin. R. Ann. Ed 215.02 Petition for Declaratory Ruling {#sec-ed-215.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 215.02}

(a) Any interested person may petition the board using the form specified in Ed 215.03, requesting a declaratory ruling on the applicability of any statute concerning the board or rule adopted by the board.

(b) Within 45 days of the receipt of the completed petition required by Ed 215.03, the board shall either:

(1) Issue a declaratory ruling responsive to the petition; or

(2) If a legal opinion is required the board shall request the opinion of the attorney general's office and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply explaining the reply to the petitioner.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 218.02)

N.H. Code Admin. R. Ann. Ed 215.03 Petition Form {#sec-ed-215.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 215.03}

(a) The board shall consider any petition which meets the following minimum requirements:

(1) Each petition shall be in legible written form and addressed to the board as follows:

Chair, State Board of Education

c/o Office of legislation and hearings

101 Pleasant Street

Concord, New Hampshire 03301

(2) Petitions for proposed rulemaking shall state the nature of each proposed rule, state the petitioner's reasons for proposing the rule and include a text of the proposed rule;

(3) Petitions for the amendment or repeal of a rule shall identify specifically which rule or rules are to be amended or repealed and state the petitioner's reasons for proposing the rule change;

(4) Petitions for a declaratory ruling shall identify all material facts and specify the statute, rule or order on which a declaratory ruling is sought;

(5) Each petition shall include the name and the address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents; and

(6) Each petition shall include the date of the petition and shall be signed by the petitioner.

(b) If the petition is deficient and does not meet the minimum requirements of paragraph (a), the chair, through the commissioner, shall notify the petitioner within 10 working days of the receipt of the incomplete petition.

(1) Identify the specific deficiencies; and

(2) Contain an explanation of how the petition can be corrected and allow the petitioner to amend the petition in accordance with the terms of the notification.

(d) A completed petition which meets the requirements of these rules shall be placed on the next available board agenda.

History

#6348, eff 10-5-96, EXPIRED: 10-5-04
#8334-A, eff 4-23-05 (from Ed 218.03)

Part Ed 216 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. Ed 216.01 Requests for Explanation of Adopted Rules {#sec-ed-216.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 216.01}

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:

(a) The name and address of the individual making the request; or

(b) If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

History

#8334-B, eff 4-23-05; ss by #10361-A, eff 6-15-13

N.H. Code Admin. R. Ann. Ed 216.02 Contents of Explanation {#sec-ed-216.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 216.02}

The board shall, within 90 days of receiving a request in accordance with Ed 216.01, provide a written response which:

(a) Concisely states the meaning of the rule adopted;

(b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

APPENDIX

Rule

Statute

Ed 201 - 202

RSA 541-A:30-a; RSA 541-A:31

Ed 203

RSA 541-A:30-a

Ed 204.01

RSA 21-N:11,III

Ed 204.02

RSA 189:14-a

Ed 205

RSA 541-A:38

Ed 206

RSA 541-A:30-a

Ed 207 - 208

RSA 21-N:4,III

Ed 209

RSA 541-A:30-a

Ed 210 - 213

RSA 21-N:4,III

Ed 214

RSA 541-A:16,I(b)(3)

Ed 215.01

RSA 541-A:16,I(b)(3); 541-A:4

Ed 215.02-.215.03

RSA 541-A:16,I(c)

Ed 216

RSA 541-A:11,VII

History

#8334-B, eff 4-23-05; ss by #10361-A, eff 6-15-13

Chapter Ed 300 Administration of Minimum Standards in Public Schools

Part Ed 302 Duties of School Superintendents

N.H. Code Admin. R. Ann. Ed 302.01 Executive Officer {#sec-ed-302.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 302.01}

(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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 302.02 Substantive {#sec-ed-302.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 302.02}

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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 303 Duties of School Boards

N.H. Code Admin. R. Ann. Ed 303.01 Substantive Duties {#sec-ed-303.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 303.01}

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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 304 Duties of School Principals

N.H. Code Admin. R. Ann. Ed 304.01 Substantive Duties; School Principals and Associate Principals {#sec-ed-304.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 304.01}

(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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 306 Minimum Standards for Public School Approval

N.H. Code Admin. R. Ann. Ed 306.31 Arts Education Program {#sec-ed-306.31 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.31}

Ed 306.311 Arts Education Program, July 1, 2015.

N.H. Code Admin. R. Ann. Ed 306.37 English/Language Arts and {#sec-ed-306.37 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.37}

Ed 306.371 English/Language Arts and

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

N.H. Code Admin. R. Ann. Ed 306.40 Health Education Program {#sec-ed-306.40 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.40}

Ed 306.401 Health and Wellness Education

Program, July 1, 2015.

N.H. Code Admin. R. Ann. Ed 306.41 Physical Education Program {#sec-ed-306.41 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.41}

Ed 306.411 Physical Education Program,

July 1, 2015.

N.H. Code Admin. R. Ann. Ed 306.42 Information and Communi {#sec-ed-306.42 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.42}

Ed 406.421 Information and Communication

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

N.H. Code Admin. R. Ann. Ed 306.43 Mathematics Program {#sec-ed-306.43 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.43}

Ed 306.431 Mathematics Program, July 1, 2015.

N.H. Code Admin. R. Ann. Ed 306.45 Science Education Program {#sec-ed-306.45 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.45}

Ed 306.451 Science Education Program,

July 1, 2015.

Ed 306.461 Social Studies Program, July 1, 2015.

N.H. Code Admin. R. Ann. Ed 306.47 Technology/Engineering {#sec-ed-306.47 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.47}

Ed 306.471 Technology/Pre-engineering Education

Education Program. Program, July 1, 2015.

N.H. Code Admin. R. Ann. Ed 306.48 World Languages Program {#sec-ed-306.48 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.48}

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

N.H. Code Admin. R. Ann. Ed 306.14 Administration of Minimum Standards in Public Schools {#sec-ed-306.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.14}

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

REVISION NOTE #3:

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

N.H. Code Admin. R. Ann. Ed 306.01 Applicability {#sec-ed-306.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.01}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.02 Definitions {#sec-ed-306.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.02}

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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.03 Statutory Requirements {#sec-ed-306.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.03}

For a school to be an approved school under these rules, the school board shall comply with all applicable state laws and rules.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.04 Policy Development {#sec-ed-306.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.04}

(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:

Advanced placement (AP) courses;
Career-related credentials and certifications;
Dual and concurrent enrollment in college courses; and
Virtual Learning Academy Charter School (VLACS) and learn everywhere programs;

e. How students can pursue ELOs and career readiness activities, addressing:

The administration and supervision of the programs;
How licensed school personnel oversee an individual student’s curriculum;
The requirement that each ELO aligns to competencies;
Access to ELOs by middle school students;
How high school credit is awarded through ELOs; and
How students can include summer activities;

f. For schools with grades K-8, the offering of one or more world languages, including:

The extent of the world language instruction; and
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:

The extent of the computer science courses offered; and
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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.05 School Philosophy, Goals, and Objectives {#sec-ed-306.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.05}

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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.06 Culture and Climate {#sec-ed-306.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.06}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.07 School Facilities {#sec-ed-306.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.07}

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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.08 Learning and Instructional Resources {#sec-ed-306.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.08}

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;

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.09 Administrative Support Services {#sec-ed-306.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.09}

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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.10 Food and Nutrition Services {#sec-ed-306.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.10}

(a) For the purposes of this rule, students under the jurisdiction of a school shall include all students enrolled in preschool or kindergarten within a building controlled by the school district.

(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).

(l) If a waiver is granted pursuant to (f) above due to inadequate space, the school district shall make provisions in the next school physical plant expansion provisions to house a food service preparation and consumption area that is in compliance with Ed 321.03(r).

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.11 School Health Services {#sec-ed-306.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.11}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.12 Provision of Staff and Staff Qualifications {#sec-ed-306.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.12}

(a) To carry out the educational program, the local school board shall require that each school provides:

(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.

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.13 Professional Development {#sec-ed-306.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.13}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.14 Student-Educator Ratios {#sec-ed-306.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.14}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.15 School Year {#sec-ed-306.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.15}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.16 CTE Programs {#sec-ed-306.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.16}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.17 Alternative Programs {#sec-ed-306.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.17}

(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.

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.18 Remote Learning {#sec-ed-306.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.18}

(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.

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.19 Local Assessment and Accountability {#sec-ed-306.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.19}

(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).

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.20 School Psychological Services {#sec-ed-306.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.20}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.21 Kindergarten Through Grade 8 School Curriculum {#sec-ed-306.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.21}

(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.

(c) The local school board shall distribute instructional time to allow each student to make progression towards proficiency in competencies in the following areas:

(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:

Instruction in cursive handwriting by the end of grade 5;
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;

f. Mathematics, to include:

Instruction of the multiplication tables by the end of grade 5; and
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:

Civics; and
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:

Civics, government, economics, geography, and history; and
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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.22 High School Curriculum, Credits, and Cocurricular Programs {#sec-ed-306.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.22}

(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.

(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:

Allow a student to demonstrate achievement of competencies or supplement learning opportunities; and
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

(5) Cocurricular programs shall offer students the opportunity to demonstrate achievement of competencies that earn credit leading to graduation.

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.23 Graduation Requirements {#sec-ed-306.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.23}

(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:

Creating, presenting, and performing artistic works; and
Responding and connecting to artistic works;

b. In digital literacy, the ability to use diverse technology tools and media to:

Build new knowledge by inquiring, thinking critically, identifying, and solving problems;
Communicate clearly and creatively;
Work effectively with others in ways that are safe, legal, and ethical; and
Locate and critically assess digital content to construct knowledge, produce creative artifacts, and make meaningful learning experiences for themselves and others;

c. In English:

Listening and speaking thoughtfully and purposefully to understand others and convey meaning;
Comprehending, analyzing, and critiquing a variety of literary and informational texts;
Creating written explanations, narratives, and logical arguments that effectively convey ideas, analyses, and critiques encompassing broad topics suitable for a variety of audiences; and
Correctly using the conventions of standard English such as grammar, punctuation, spelling, capitalization, and word usage in all written work;

d. In mathematics:

Understanding number systems and number sense, including computation concepts, strategies, and procedures;
Understanding numerical and graphical representations of data and the underlying logical and relational statements represented by those data;
Understanding geometric relationships and representations and underlying mathematical principles; and
Reasoning mathematically in the development of argument and logic;

e. In science:

Understanding foundational principles of physical and life sciences;
Designing and carrying out investigations to explore biological, chemical, and physical phenomena;
Analyzing and interpreting data to engage in argument from evidence; and
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:

Understanding the history of the United States through multiple perspectives, including founding principles and the on-going struggle to realize those principles;
Understanding the governance and functioning of local, state, and federal government in a constitutional republic through multiple perspectives;
Understanding processes of civic engagement in a democratic society, including tolerance and well-mannered engagement across differences of perspective, philosophy, culture, race, and heritage;
Understanding important events marking world history and how those events have shaped cultural, political, and other aspects of civilization through multiple perspectives;
Recognizing local, state, national, and global geography, and understanding how geography has influenced humanity through multiple perspectives;
Understanding economic systems and their effect on individuals and society;
Effective planning and management of personal financial resources; and
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:

Researching and comprehending concepts related to health promotion and disease prevention; and
Setting goals, advocating for, and pursuing positive health outcomes for oneself and others;

h. In logic and rhetoric:

Reasoning skill in analyzing problems and developing solutions;
Understanding the principle of cause and effect;
Developing critical thinking skills to better identify fact from unverified information; and
The skill of speaking and writing as a means of communication or persuasion;

i. In open electives:

Pursuing areas of personal interest that instill a passion for lifelong learning; and
Making connections between education and career paths; and

j. In all programs and courses:

Communicating effectively using multiple modalities, interpreting information using multiple senses, and demonstrating ownership of the work;
Thinking originally and independently, taking risks, considering alternate perspectives, and incorporating diverse resources;
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
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

(h) Beginning in the 2026-2027 school year for those students entering high school, the following credits in Table 306-2 shall be the minimum required for high school graduation:

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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.24 Approval Process {#sec-ed-306.24 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.24}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.25 Alternative Approval {#sec-ed-306.25 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.25}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.26 State Board Establishment of State Academic Standards {#sec-ed-306.26 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.26}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.27 Arts Education Program {#sec-ed-306.27 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.27}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.28 Business Education Program {#sec-ed-306.28 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.28}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.29 English, Language Arts, and Reading Program {#sec-ed-306.29 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.29}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.30 School Counseling Program {#sec-ed-306.30 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.30}

(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).

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.31 Health and Wellness Education Program {#sec-ed-306.31 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.31}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.32 Physical Education Program {#sec-ed-306.32 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.32}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.33 Digital Literacy Program {#sec-ed-306.33 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.33}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.34 Mathematics Program {#sec-ed-306.34 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.34}

(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).

(d) School districts shall adhere to assessment practices consistent with Ed 306.19.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.35 Computer Science Program {#sec-ed-306.35 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.35}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.36 Science Education Program {#sec-ed-306.36 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.36}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

(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:

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;
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);
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;
Ongoing events that may constitute crimes against humanity, war crimes, ethnic cleansing, or genocide; and
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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.38 Technology and Engineering Education Program {#sec-ed-306.38 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.38}

(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.

History

(See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14151, eff 12-13-24

N.H. Code Admin. R. Ann. Ed 306.39 World Languages Program {#sec-ed-306.39 omnilex-key=us-nh-regs-official--agency-ed--Ed 306.39}

(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.

History

(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

N.H. Code Admin. R. Ann. Ed 307.01 Change of School Assignment {#sec-ed-307.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 307.01}

(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.

(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.

History

#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 310 Developmentally Appropriate Daily Physical Activity Program

N.H. Code Admin. R. Ann. Ed 310.01 Purpose {#sec-ed-310.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 310.01}

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.

History

#8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

N.H. Code Admin. R. Ann. Ed 310.02 Definitions {#sec-ed-310.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 310.02}

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.

History

#8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

N.H. Code Admin. R. Ann. Ed 310.03 Developmentally Appropriate Daily Physical Activity Policy {#sec-ed-310.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 310.03}

(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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96
RSVD by #6366, eff 10-30-96
#8317, eff 4-5-05; ss by #10361-B, eff 6-15-13; ss by #13654, eff 6-9-23

N.H. Code Admin. R. Ann. Ed 310.04 Components of Developmentally Appropriate Daily Physical Activity Policy {#sec-ed-310.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 310.04}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 311.01 School Immunization Program {#sec-ed-311.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 311.01}

(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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14; ss by #14197, eff 2-21-25

N.H. Code Admin. R. Ann. Ed 311.02 Medication During School Day {#sec-ed-311.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 311.02}

(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:

The school nurse or designee, pursuant to (d) above, administer the medication;
The principal or designee, pursuant to (f) above, assist the student with taking the medication; or
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.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#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

N.H. Code Admin. R. Ann. Ed 311.03 Physical Examination of Students {#sec-ed-311.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 311.03}

(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.

History

#6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14; ss by #14197, eff 2-21-25

Part Ed 315 Home Education

N.H. Code Admin. R. Ann. Ed 315.01 Statement of Purpose {#sec-ed-315.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.01}

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.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 315.02 Definitions {#sec-ed-315.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.02}

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;

(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.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 315.03 Eligibility and Program Schedule {#sec-ed-315.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.03}

(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.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 315.04 Participating Agencies: Duties and Authority {#sec-ed-315.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.04}

(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.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 315.05 Notification Requirements {#sec-ed-315.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.05}

(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.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 315.06 Notification – Termination of a Home Education Program {#sec-ed-315.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.06}

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.

History

#5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#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

N.H. Code Admin. R. Ann. Ed 315.07 Records {#sec-ed-315.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.07}

(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.

History

#5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#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

N.H. Code Admin. R. Ann. Ed 315.08 Annual Evaluation {#sec-ed-315.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.08}

(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.

History

#5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#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

N.H. Code Admin. R. Ann. Ed 315.09 The Home Education Advisory Council {#sec-ed-315.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.09}

(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.

(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.

History

#5596, eff 3-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#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

N.H. Code Admin. R. Ann. Ed 315.10 Membership Selection For the Home Education Advisory Council and Term of Appointment {#sec-ed-315.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.10}

(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.

(d) In the event of vacancies, replacement members shall be appointed as required under RSA 193-A:10 to fill the unexpired term.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 315.11 Funding and Support of Council Activities {#sec-ed-315.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.11}

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.

History

(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
#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)

N.H. Code Admin. R. Ann. Ed 315.12 Grievance {#sec-ed-315.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.12}

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.

History

(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
#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)

N.H. Code Admin. R. Ann. Ed 315.13 Request for Grievance Conference {#sec-ed-315.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.13}

Any party to a home education program may request a grievance conference as follows:

(a) Such request shall be in writing to the commissioner;

(b) The request shall state in detail the reasons for the request for a grievance conference and name the parties involved;

(c) The commissioner shall notify the requestor within 5 business days in writing that the commissioner has scheduled a grievance conference in accordance with Ed 314.14 or that the commissioner requires additional information to clarify the issues;

(d) The requestor shall have 10 calendar days from receipt of the commissioner’s request for additional information to respond with the requested information; and

(e) The commissioner shall, upon receipt of the requested information, forward the request to the chairperson of the home education advisory council who shall schedule a grievance conference in accordance with Ed 314.15(b).

History

(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
#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)

N.H. Code Admin. R. Ann. Ed 315.14 Grievance Conference {#sec-ed-315.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.14}

(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.

(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.

History

(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
#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)

N.H. Code Admin. R. Ann. Ed 315.15 Certificate of Completion {#sec-ed-315.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 315.15}

(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.

History

(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
#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

N.H. Code Admin. R. Ann. Ed 316.01 Purpose {#sec-ed-316.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 316.01}

The purpose of these rules is to establish procedures whereby drug-free school zone signs are posted.

History

#5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 316.02 Definitions {#sec-ed-316.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 316.02}

(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.

History

#5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 316.03 Scope and Application {#sec-ed-316.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 316.03}

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.

History

#5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 316.04 Map of Drug-Free School Zone {#sec-ed-316.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 316.04}

(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.

History

#5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 316.05 Specifications for and Posting of Signs {#sec-ed-316.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 316.05}

(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.

History

#5668, eff 7-19-93; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#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

N.H. Code Admin. R. Ann. Ed 317.01 Purpose {#sec-ed-317.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.01}

(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.

History

#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
#8583, eff 3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-24

N.H. Code Admin. R. Ann. Ed 317.02 Definitions {#sec-ed-317.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.02}

(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.

(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.

History

#6109, eff 10-28-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-24

N.H. Code Admin. R. Ann. Ed 317.03 Policies and Procedures for Suspension and Expulsion {#sec-ed-317.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.03}

(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.

History

#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
#8583, eff 3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-24

N.H. Code Admin. R. Ann. Ed 317.04 Disciplinary Procedures {#sec-ed-317.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.04}

(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.

History

#6109, eff 10-28-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRED: 5-17-05
#8583, eff 3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-23

N.H. Code Admin. R. Ann. Ed 317.05 Reporting Procedures for Acts of Theft, Violence, or Destruction {#sec-ed-317.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.05}

(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.

History

#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
#8583, eff 3-15-06; ss by #10361-B, eff 6-15-13; ss by #13854, eff 1-11-24

N.H. Code Admin. R. Ann. Ed 317.06 Reporting Procedures for Acts of Violence Against School Employees, Volunteers, or Visitors. {#sec-ed-317.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.06}

(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.

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 317.07 Reporting Procedures for School Safety Data Collection. {#sec-ed-317.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 317.07}

(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.

History

#13854, eff 1-11-24

Part Ed 318 Chartered Public Schools

N.H. Code Admin. R. Ann. Ed 318.01 Administration of Minimum Standards in Public Schools {#sec-ed-318.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.01}

Ed 318.01

N.H. Code Admin. R. Ann. Ed 318.02 Administration of Minimum Standards in Public Schools {#sec-ed-318.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.02}

Ed 318.02

N.H. Code Admin. R. Ann. Ed 318.03 Administration of Minimum Standards in Public Schools {#sec-ed-318.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.03}

Ed 318.03

N.H. Code Admin. R. Ann. Ed 318.04 Administration of Minimum Standards in Public Schools {#sec-ed-318.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.04}

Ed 318.04

N.H. Code Admin. R. Ann. Ed 318.05 Administration of Minimum Standards in Public Schools {#sec-ed-318.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.05}

Ed 318.05

N.H. Code Admin. R. Ann. Ed 318.06 Administration of Minimum Standards in Public Schools {#sec-ed-318.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.06}

Ed 318.06

N.H. Code Admin. R. Ann. Ed 318.07 Administration of Minimum Standards in Public Schools {#sec-ed-318.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.07}

Ed 318.07

N.H. Code Admin. R. Ann. Ed 318.08 Administration of Minimum Standards in Public Schools {#sec-ed-318.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.08}

Ed 318.08-Ed 318.10

N.H. Code Admin. R. Ann. Ed 318.09 Administration of Minimum Standards in Public Schools {#sec-ed-318.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.09}

Ed 318.11

N.H. Code Admin. R. Ann. Ed 318.10 Administration of Minimum Standards in Public Schools {#sec-ed-318.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.10}

Ed 318.12-Ed 318.14

(None) Ed 318.15 (adopted)

N.H. Code Admin. R. Ann. Ed 318.11 Administration of Minimum Standards in Public Schools {#sec-ed-318.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.11}

Ed 318.16

(None) Ed 318.17 (adopted)

N.H. Code Admin. R. Ann. Ed 318.13 Administration of Minimum Standards in Public Schools {#sec-ed-318.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.13}

Ed 318.18

N.H. Code Admin. R. Ann. Ed 318.14 Administration of Minimum Standards in Public Schools {#sec-ed-318.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.14}

Ed 318.19

N.H. Code Admin. R. Ann. Ed 318.15 Administration of Minimum Standards in Public Schools {#sec-ed-318.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.15}

Ed 318.20

(None) Ed 319.01 (adopted)

(None) Ed 319.02 (adopted)

N.H. Code Admin. R. Ann. Ed 318.12 Administration of Minimum Standards in Public Schools {#sec-ed-318.12 omnilex-key=us-nh-regs-official--agency-ed--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

N.H. Code Admin. R. Ann. Ed 318.01 Purpose and Scope {#sec-ed-318.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.01}

(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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.02 Definitions {#sec-ed-318.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.02}

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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.03 Eligibility {#sec-ed-318.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.03}

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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.04 Application Methods {#sec-ed-318.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.04}

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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.05 Waiver Provision {#sec-ed-318.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.05}

(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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.06 Local School Board Process; Requirements of Local School Boards {#sec-ed-318.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.06}

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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.07 Local School Board Decision {#sec-ed-318.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.07}

(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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.08 State Board Review of Local Board Process and Application {#sec-ed-318.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.08}

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.09 Applications to the State Board {#sec-ed-318.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.09}

(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).

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.10 Department, Legal, and Peer Review {#sec-ed-318.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.10}

(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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.11 State Board Approval {#sec-ed-318.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.11}

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.12 Issuance and Amendment of Charter {#sec-ed-318.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.12}

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.13 Charter Renewal {#sec-ed-318.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.13}

(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.

(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:

A statement on how the school will use public funds; and
A detailed description of the specific board’s reasoning for allocation of funds.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.14 Review of Renewal Application {#sec-ed-318.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.14}

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.15 Revocation and Withdrawal {#sec-ed-318.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.15}

(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.

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.16 Policy Development {#sec-ed-318.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.16}

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

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15; ss by #13253, eff 8-18-21

N.H. Code Admin. R. Ann. Ed 318.17 Charter School Annual Report Requirements {#sec-ed-318.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.17}

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.18 Review of Annual Reports {#sec-ed-318.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.18}

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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.19 Deadlines for Pupil Enrollment {#sec-ed-318.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.19}

(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.

History

(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)

N.H. Code Admin. R. Ann. Ed 318.20 Assurances Against Discrimination {#sec-ed-318.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 318.20}

(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.

History

(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

N.H. Code Admin. R. Ann. Ed 319.01 Purpose and Scope {#sec-ed-319.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 319.01}

(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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

N.H. Code Admin. R. Ann. Ed 319.02 Open enrollment public school {#sec-ed-319.02 omnilex-key=us-nh-regs-official--agency-ed--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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

N.H. Code Admin. R. Ann. Ed 319.03 Open Enrollment School Requirements {#sec-ed-319.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 319.03}

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;

(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.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

N.H. Code Admin. R. Ann. Ed 319.04 Deadlines for Pupil Enrollment {#sec-ed-319.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 319.04}

The school shall comply with all deadline requirements established in these rules.

History

(See Revision Note at part heading for Ed 318) #10873, eff 7-1-15

Part ED 320 School Facility Approval Process

N.H. Code Admin. R. Ann. Ed 320.01 Applicability {#sec-ed-320.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 320.01}

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.

History

##13772, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 320.02 Initial School Facility Approval Process {#sec-ed-320.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 320.02}

(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.

(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.

History

#13772, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 320.03 School Facility Renewal Process. {#sec-ed-320.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 320.03}

(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.

History

#13772, eff 10-12-23

Part Ed 321 SCHOOL BUILDING CONSTRUCTION (Formerly Ed 305)

N.H. Code Admin. R. Ann. Ed 321.01 Purpose {#sec-ed-321.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.01}

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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.02 Definitions {#sec-ed-321.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.02}

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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.03 Construction Standards for All Public Schools {#sec-ed-321.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.03}

(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.

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.04 Building Aid Eligibility {#sec-ed-321.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.04}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.05 Substantial Renovation {#sec-ed-321.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.05}

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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.06 Air Quality and Energy Efficiency Projects {#sec-ed-321.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.06}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.07 Maximum Standards for School Building Aid for Land Acquisition {#sec-ed-321.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.07}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.08 Calculation of Design Capacity. {#sec-ed-321.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.08}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.09 Maximum Sizes for School Buildings {#sec-ed-321.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.09}

(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

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

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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.10 Minimum Safety Construction Standards for School Building Aid Recipients {#sec-ed-321.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.10}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.11 Educational Specifications. {#sec-ed-321.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.11}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.12 Needs Assessment. {#sec-ed-321.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.12}

(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.

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.13 Feasibility Study. {#sec-ed-321.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.13}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.14 School Building Aid Application Submittal. {#sec-ed-321.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.14}

(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.

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.15 School Building Aid Application Information. {#sec-ed-321.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.15}

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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.16 Steps in the Procedure for Approval of School Building Aid. {#sec-ed-321.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.16}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.17 Intent to Fund (ITF) Letter {#sec-ed-321.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.17}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.18 Grant Award Notification (GAN). {#sec-ed-321.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.18}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.19 Maximum Building Aid Award Amount. {#sec-ed-321.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.19}

(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.

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.20 Site Costs {#sec-ed-321.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.20}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.21 Construction Costs {#sec-ed-321.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.21}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.22 Maximum Allowable Construction Cost {#sec-ed-321.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.22}

(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

History

#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

N.H. Code Admin. R. Ann. Ed 321.23 Administrative Costs and Contingency. {#sec-ed-321.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.23}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.24 Fees and Services Costs. {#sec-ed-321.24 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.24}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.25 School Building Aid Payments to School Districts for Projects Funded After July 1, 2025 {#sec-ed-321.25 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.25}

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:

The school district updates the phased project plan; and
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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.26 School Building Aid Payments to Charter Schools. {#sec-ed-321.26 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.26}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.27 Notice of Completion {#sec-ed-321.27 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.27}

(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.

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.28 Notice of Completion Information {#sec-ed-321.28 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.28}

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;

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.29 School Building Aid Payments for Projects Approved Before July 1, 2013. {#sec-ed-321.29 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.29}

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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.30 Owner’s Project Manager (OPM). {#sec-ed-321.30 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.30}

(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.

(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.

History

#14023, eff 7-12-24; ss by #14215, eff 3-14-25

N.H. Code Admin. R. Ann. Ed 321.31 Ongoing Operation. {#sec-ed-321.31 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.31}

(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.

History

#14023, eff 7-12-24 (formerly Ed 321.27); ss by #14215, eff 3-14-25

N.H. Code Admin. R. Ann. Ed 321.32 Ineligibility for School Building Aid. {#sec-ed-321.32 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.32}

(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.

History

#14023, eff 7-12-24; ss by #14215, eff 3-14-25

N.H. Code Admin. R. Ann. Ed 321.33 Reporting Requirements. {#sec-ed-321.33 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.33}

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 321.34 Waiver Provisions {#sec-ed-321.34 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.34}

(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.

(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.

History

#14023, eff 7-12-24; ss by #14215, eff 3-14-25

N.H. Code Admin. R. Ann. Ed 321.35 Requirements for Projects Listed on the November 2022 Rank Order List. {#sec-ed-321.35 omnilex-key=us-nh-regs-official--agency-ed--Ed 321.35}

(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.

History

#14215, eff 3-14-25

Part Ed 322 Regional Career and Technical Education Center Lease Aid

N.H. Code Admin. R. Ann. Ed 322.01 Purpose {#sec-ed-322.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.01}

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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.02 Definitions {#sec-ed-322.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.02}

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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.03 Lease Agreements {#sec-ed-322.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.03}

(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.

(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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.04 Approval and Review of Leases {#sec-ed-322.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.04}

(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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.05 Renewal of Leases {#sec-ed-322.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.05}

(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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.06 Early Termination of Leases {#sec-ed-322.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.06}

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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.07 Duties of Applicant {#sec-ed-322.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.07}

(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.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.08 Regional Career and Technical Education Center Programs {#sec-ed-322.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.08}

Each regional career and technical education center program in a leased facility shall be reviewed on an annual basis by the department. The annual review shall indicate a need to lease or to continue leasing space.

History

#8086, eff 5-26-04; ss by #10363, eff 6-15-13; ss by #13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.09 School Lease Aid {#sec-ed-322.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.09}

(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.

History

#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
#13207, eff 5-20-21

N.H. Code Admin. R. Ann. Ed 322.10 Costs not Eligible for School Lease Aid for Leased Facilities {#sec-ed-322.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 322.10}

The following costs shall not be eligible for school lease aid:

(a) Costs for damages to the leased facility beyond fair wear and tear;

(b) Any deposits of funds that the district is required to provide to the property owner that are subsequently returned to the district;

(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.

History

#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

N.H. Code Admin. R. Ann. Ed 323.01 Purpose. {#sec-ed-323.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.01}

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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.02 Definitions. {#sec-ed-323.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.02}

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;

(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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.03 Lease Agreements {#sec-ed-323.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.03}

(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.

(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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.04 Legal Review of Lease {#sec-ed-323.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.04}

(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.

(d) The review shall confirm compliance with contract law including no omissions, and that the lease has been amended as necessary.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.05 Duties of Applicant {#sec-ed-323.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.05}

(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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.06 Lease Aid Application {#sec-ed-323.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.06}

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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.07 Review and Approval Process {#sec-ed-323.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.07}

(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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.08 Payments {#sec-ed-323.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.08}

(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.

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

N.H. Code Admin. R. Ann. Ed 323.09 Eligibility. {#sec-ed-323.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 323.09}

(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.

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

https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/sonh/nh-arts-framework.pdf

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

https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/2020/standards-health.pdf

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

https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-socialstudies-framework.pdf?2

No Cost.

Ed 306.39(d)

New Hampshire Guidelines for World-Ready Language Learning, 2018

https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/standards-worldlanguages.pdf

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.

https://store.ies.org/product/rp-3-20-recommended-practice-lighting-educational-facilities/?v=7516fd43adaa

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

History

#13207, eff 5-20-21; ss by #13720, eff 8-12-23

Chapter Ed 400 Approval of Nonpublic Schools

Part Ed 401 Definitions and Scope

N.H. Code Admin. R. Ann. Ed 401.01 Definitions {#sec-ed-401.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 401.01}

(a) “Accrediting agency” means a business or other organization that evaluates schools against a set of criteria determined by the business or other organization.

(b) “Chartered public school” means “chartered public school” as defined by RSA 194-B:1, IV.

(c) "Education program" means a program consisting of subject matter and related learning experiences for the instruction of pupils on a regular or systematic basis, usually for a predetermined length of time which constitutes part of a school's total education curriculum, or serves as the education component of a facility, agency, or institution whose primary purpose does not qualify it as a school.

(d) "Nonpublic school advisory council (NSAC)” means the nonpublic school advisory council established by the state board as set forth in Ed 408.

(e) "Nonpublic school" means a school established by an individual or group other than the state, subdivision of the state, or federal government and whose operation, or any portion thereof, rests with those officials who have not been publicly elected or appointed. The term includes “private school,” but does not include a public academy as defined by RSA 194:23(II).

(f) "Public school" means a school which is established and operated by a school district, maintained primarily by public funds, and administered by a school board whose members are elected as provided under the laws of the state of New Hampshire.

(g) “School” means an educational institution whose primary purpose is the development of individual potential by means of a systematic method of instruction of a defined type comprising:

(1) A single grade or more than one grade group or other identifiable grouping;

(2) A teacher or more than one teacher(s) who guides and supervises the learning experience of pupils; and

(3) An education program leading to the awarding of a diploma or appropriate certificate upon completion of the requirements of the program.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 401.02 Types of Approval {#sec-ed-401.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 401.02}

(a) In order to be an approved nonpublic school, a nonpublic school shall contain some combination of grades K through 12 and comply with the requirements of one of the approval categories in (e) below.

(b) A nonpublic school, which has satisfactorily completed the requirements for status of attendance as set forth in Ed 403, shall be approved for attendance for a period of 5 years.

(c) A nonpublic school which meets all requirements for status of attendance and program as set forth in Ed 404 shall be approved for status of attendance and program for a period of 5 years.

(d) Schools that consist only of kindergarten, pre-school levels, or both shall not be eligible for approval as non-public schools.

(e) The following school approval categories shall apply to the administration of Ed 400 and be recommended to the state board for one of the following:

(1) ”Approved,” which means that a school meets and continues to meet all requirements of Ed 403 or Ed 404;

(2) ”Preliminary approved,” which means that a school meets the requirements of (h) and (i) below in addition to Ed 403 or Ed 404;

(3) ”Conditionally approved,” which means that a school meets the requirements of (j) and (k) below in addition to Ed 403 or Ed 404;

(4) ”Delay in full compliance,” which means that a school has received a recommendation in accordance with (n) below; or

(5) ”Denied approval,” which means a school that has failed to meet the requirements of Ed 403 or Ed 404 and failed to be approved after 3 years of being conditionally approved.

(f) If one or more facilities are to be used for educational purposes, the facilities shall be approved or conditionally approved to operate in accordance with Ed 320 prior to student occupancy.

(g) Approval shall be terminated by the state board upon receipt of 2 consecutive annual enrollment reports, as outlined in Ed 402.01, in which the school reports zero students enrolled.

(h) A nonpublic school, which has not been previously approved, shall be granted preliminary approval during its first year of operation when the following conditions have been met:

(1) If one or more facilities are used for educational purposes, the facilities have been approved or conditionally approved to operate in accordance with Ed 320 prior to student occupancy; and

(2) There are standards not required by statute or Ed 320 which the school is unable to meet prior to opening and which do not prevent the school from adequately meeting the needs of its students.

(i) In no circumstances shall preliminary approval extend beyond one school year.

(j) A nonpublic school which does not meet all of the applicable requirements of Ed 403 or Ed 404 shall be recommended for being conditionally approved for a period of one year provided that:

(1) The school was previously approved and is seeking continued approval pursuant to Ed 403.04 or Ed 404.04;

(2) All identified deficiencies and a timetable for their correction are incorporated into the approval designation; and

(3) All facilities used by students for educational purposes are approved or conditionally approved to operate in accordance with Ed 320.

(k) In no case shall a school be recommended for being conditionally approved for more than 3 consecutive school years.

(l) A conditionally approved school which fails to meet the requirements of an approved school pursuant to Ed 403.01 within 3 consecutive school years shall be recommended for denied approval.

(m) A nonpublic school recommended for denied approval shall have 10 days to make a request to the commissioner for a grievance hearing before the NSAC grievance committee, in accordance with the provisions of Ed 408.07.

(n) A nonpublic school shall be considered for a delay in full compliance for up to one year upon receipt of a written recommendation for such delay from the NSAC following a vote of the council.

(o) The decision from the NSAC shall include:

(1) Identifying requirements not met;

(2) Reasons why the school is unable to meet each unmet requirement;

(3) An expected date of compliance for each requirement; and

(4) An explanation of the unique conditions which justify the delay in meeting all state requirements.

(p) The state board shall hold a rehearing in accordance with Ed 213.02 for one or more of the following conditions:

(1) Additional information has been received which indicates that the school is not eligible for program approval status;

(2) The information submitted by the school as required in Ed 403 or Ed 404 is determined by the state board to be inaccurate or false; or

(3) The NSAC grievance committee misapplied a statute or administrative rule in making its recommendation.

(q) The applicant shall not advertise or offer services as a school without approval from the state board.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #9159, eff 5-16-08; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 401.03 School Year {#sec-ed-401.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 401.03}

(a) Each nonpublic school shall maintain a school year consisting of the following number of hours of instructional time:

(1) In kindergarten, at least 450 hours;

(2) In grades one through 6, at least 945 hours; and

(3) In grades 7 through 12, at least 990 hours.

(b) Each school shall have in its school year an additional 30 hours in duration to provide for instructional time lost due to inclement weather or unexpected circumstances, and shall use these additional hours to reschedule lost instructional time before requesting a reduction of the amount of instructional time as outlined in (h) below.

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

(1) On that day, the school would normally have had at least 5.25 hours of instructional time; and

(2) The school remained open for at least 3.5 hours of instructional time.

(d) There shall be no requirement to reschedule instructional time for kindergarten if morning or afternoon kindergarten sessions are canceled due to delayed opening or early release for students in grade one or higher.

(e) A school may conduct instruction remotely. The school shall create a plan that includes procedures for participation by all students. Academic work shall be equivalent in effort and rigor to typical classroom work, and include an assessment of all student work for the day.

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

(g) The school year for high school seniors may be reduced by no more than 5 days or 30 hours of instruction, whichever is less, from the number of days or hours of instruction for other high school students.

(h) Pursuant to RSA 189:2, the required minimum hours of instruction shall be reduced upon written request of the school and a determination by the commissioner, as authorized by the state board, that extraordinary circumstances exist that would place an unreasonable burden on the school or students.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96; amd by #7480, eff 4-24-01; amd by #13024, EMERGENCY RULE, eff 4-9-20, EXPIRED: 10-6-20; ss by #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

Part Ed 402 Required Annual Reports

N.H. Code Admin. R. Ann. Ed 402.01 Annual Reports {#sec-ed-402.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 402.01}

(a) Each nonpublic school shall report enrollment by grade as of October 1 of the reporting year on a deadline established by the department.

(b) Each nonpublic school shall complete and submit “Nonpublic Restraint and Seclusion Data Collection,” revised November 2023. The form shall be completed online at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx by June 30 of each year.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED: 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 403.03)

Part Ed 403 Approval of Nonpublic Schools for Attendance Purposes

N.H. Code Admin. R. Ann. Ed 403.01 Application for Initial Approval Status for Attendance Purposes {#sec-ed-403.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 403.01}

(a) A nonpublic school seeking initial approval for attendance purposes shall submit the following written materials to the department no less than 120 days prior to the proposed date of opening:

(1) The specific education purpose(s) and objectives to be served by the nonpublic school;

(2) A statement as to how the school shall evaluate the achievement of its stated educational purpose(s) and objectives;

(3) The school program's philosophic or religious traditions;

(4) Academic competencies and personal characteristics the program is designed to develop;

(5) The characteristics of the student body to be served by this program, including the criteria for student selection and admission to the school;

(6) The relationship between the school program and the community;

(7) Program of studies or other document(s) that explain academic content, assessment processes, and promotion requirements for each grade level and high school diploma requirements, if applicable;

(8) A description of all courses, activities, and offerings included as part of the school’s education program as defined by the school, including a list and descriptions of the courses offered for credit;

(9) A description of the school's supporting services as outlined in RSA 189:49, including but not limited to:

a. Health, including a process for verification of child vaccinations required by RSA 141-C:20-a;

b. Advising and counseling system, relative to educational, personal, and career;

c. Library and media services;

d. Food and health services;

e. Referral services; and

f. Transportation services, including:

To and from school;
Field trips; and
Extracurricular activities;

(10) A statement indicating how the school complies with each of the statutory requirements of nonpublic schools, pursuant to:

a. RSA 126-U, relative to limiting the use of child restraint practices;

b. RSA 141-C:20-a, relative to immunization;

c. RSA 189:11, relative to instruction in national and state history, government, and civics;

d. RSA 189:17, relative to flags;

e. RSA 189:19, relative to the requirement of the use of English language;

f. RSA 189:20, relative to teaching foreign language;

g. RSA 189:21, relative to language of devotional exercises in private schools;

h. RSA 189:64, relative to emergency response plans;

i. RSA 193:31-a, relative to dual enrollment; and

j. RSA 198:20-a, relative to payment of governmental moneys;

(11) Administrative responsibilities and authority documented in an organizational chart;

(12) Description of content and policy for storage, security, and disposition of student records to include items listed in Ed 407;

(13) First year budget indicating anticipated expenses and revenue, which clearly demonstrates the availability of resources to support the program;

(14) Documentation indicating whether the school is incorporated as a nonprofit institution and whether it has federal tax-exempt status;

(15) Proof of registration with the New Hampshire secretary of state as required in RSA 349; and

(16) A copy of the school’s grievance policy including, but not limited to, procedures to address complaints concerning:

a. Bullying;

b. Teacher misconduct;

c. Tuition refund when a student leaves the school; and

d. The use of child restraint practices as outlined in RSA 126-U.

(b) All applicants shall also indicate:

(1) The educational level(s) to be included in the school’s enrollment such as elementary, middle/junior high, or high school, and, if the school is to be ungraded, the applicant shall indicate the approximate age range of the pupils to be enrolled;

(2) The name, telephone number, and mailing address of the person authorized to represent the interests of the nonpublic school;

(3) The location and a description of those facilities to be used for school purposes and any off-campus facilities used for the program, if such information is available; and

(4) If one or more facilities are to be used by students for educational purposes, a statement that the school shall submit an application to operate the facility in accordance with Ed 320 no later than 90 days prior to the desired opening date of the school facility.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96; amd by #7480, eff 4-24-01; ss by #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 403.02 Procedures for Evaluation and Determination of the Status of a School for Attendance Purposes. {#sec-ed-403.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 403.02}

(a) Upon receipt of the required written materials and reports from schools seeking approval, the department shall review the materials received and advise the commissioner whether the schools satisfy the criteria outlined in Ed 403.01.

(b) Incomplete applications shall be returned to the nonpublic school for completion.

(c) The commissioner shall make a recommendation to the state board based on whether the criteria outlined in Ed 403.01 has been met.

(d) The state board, after reviewing the recommendation(s) from the commissioner, shall within 45 business days of receipt of such recommendation(s), take any one of the actions described in Ed 401.02(e).

(e) A nonpublic school recommended for denied approval shall have 10 business days to make a request to the commissioner for a grievance hearing before the nonpublic school advisory council grievance committee in accordance with the provisions of Ed 408.07.

History

#13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 403.03 Procedures for the Request {#sec-ed-403.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 403.03}

of a Status Change.

(a) In the event of a change to the nonpublic schools’ grade levels, the school shall submit a status change request in the form of a letter to the department 60 days prior to the change.

(b) Any change(s) shall be subject to review by the state board at the next regularly scheduled state board meeting.

(d) In the event of a change to the school facility’s location, the school shall submit an application to operate the facility in accordance with Ed 320 not later than 90 days prior to the desired opening date of the school facility.

(e) The facility referenced in (d) above shall be approved or conditionally approved to operate, in accordance with Ed 320, prior to student occupancy.

(f) A nonpublic school whose requested change is recommended for denied approval shall have 10 business days to make a request to the commissioner for a grievance hearing before the NSAC grievance committee in accordance with the provisions of Ed 408.07.

History

#13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 403.04 Application for Continued Approval Status for Attendance Purposes {#sec-ed-403.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 403.04}

(a) At the conclusion of an approval period, an approved nonpublic school seeking continuation of its approval status for attendance purposes shall submit written materials to the department no less than 90 days prior to the expiration of the current approval, to include:

(1) Change(s) to any of the information listed in Ed 403.01 that have occurred since the initial approval or the submittal of the last report;

(2) Evidence of ongoing registration with the secretary of state;

(3) A school calendar to include first and last day of school, holidays, time off, and 30-hour overage in event of emergency or inclement weather;

(4) A statement that all facilities used by students for educational purposes are approved to operate or conditionally approved to operate in accordance with Ed 320; and

(5) Citation(s) of any new construction or renovations completed since the initial approval or the submittal of the last report.

(b) The state board shall review the information in (a) above and follow the procedures outlined in Ed 403.02 to evaluate and determine the approval status of the school.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95; ss by #6366, eff 10-30-96 , EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 403.02) (see Revision Note at chapter heading for Ed 400)

Part Ed 404 Approval of Nonpublic Schools for Program Purposes

N.H. Code Admin. R. Ann. Ed 404.01 Application for Initial Approval Status for Program Purposes {#sec-ed-404.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 404.01}

(a) Program approval shall be deemed recognition by the state board that a school’s curriculum, staffing, administration, governance, and facilities meet the standards determined by an approved third-party accrediting agency as described in Ed 405.01 for the appropriate delivery of education.

(b) In addition to the requirements outlined in Ed 403.01, a nonpublic school seeking initial program approval status shall submit no less than 120 days prior to the proposed date of opening evidence of approval from an authorized agency that has been recognized by the NSAC and state board in accordance with Ed 405.01 or through the alternate method for program approval status in accordance with Ed 405.02.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 404.02 Procedures for Evaluation and Determination of the Status of a School for Program Purposes {#sec-ed-404.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 404.02}

(a) Upon receipt of the required written materials and reports from schools seeking initial approval status, the department shall review the materials received and advise the commissioner whether the schools satisfy the criteria outlined in Ed 404.01(b).

(b) Incomplete applications shall be returned to the nonpublic school for completion.

(c) The commissioner shall make a recommendation to the state board based on whether the criteria outlined in Ed 404.01(b) has been met.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED: 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 404.03) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 404.03 Procedures for the Request of a Status Change {#sec-ed-404.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 404.03}

(a) In the event of a change to the nonpublic schools’ grade levels, the school shall submit a status change request in the form of a letter to the department 60 days prior to the change.

(b) Any change(s) shall be subject to review by the state board at the next regularly scheduled state board meeting.

(e) The facility referenced in (d) above shall be approved or conditionally approved to operate, in accordance with Ed 320, prior to student occupancy.

(f) A nonpublic school whose requested change is recommended for denied approval shall have 10 business days to make a request to the commissioner for a grievance hearing before the nonpublic school advisory council grievance committee in accordance with the provisions of Ed 408.07.

History

#13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 404.04 Application for Continued Approval Status for Program Purposes {#sec-ed-404.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 404.04}

(1) Change(s) to any of the information listed in Ed 404.01 that have occurred since the initial approval or the submittal of the last report;

(2) Evidence of ongoing registration with the secretary of state;

(3) A school calendar to include first and last day of school, holidays, time off, and 30-hour overage in event of emergency or inclement weather;

(4) A statement that all facilities used by students for educational purposes are approved to operate or conditionally approved to operate in accordance with Ed 320; and

(5) Citation(s) of any new construction or renovations completed since the initial approval or the submittal of the last report.

(b) The nonpublic school shall submit evidence of continued approval from an authorized agency that has been recognized by the NSAC and the state board in accordance with Ed 405.01, or through the alternative method for program approval status as in accordance with Ed 405.02.

(c) The department shall review the information in (a) and (b) above and follow the procedures in Ed 404.02 to evaluate and determine the approval status of the school.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; amd by #6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 404.05) (see Revision Note at chapter heading for Ed 400)

Part Ed 405 Approval of a Recognized Agency for Program Approval and Alternate Method for Program Approval

N.H. Code Admin. R. Ann. Ed 405.01 Identification of Recognized Agencies for Program Approval {#sec-ed-405.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 405.01}

(a) Accrediting agencies that want to be considered for recognition shall be identified in one of the following ways:

(1) An agency may directly request recognition;

(2) A school seeking program approval may request recognition of an agency; or

(3) A member of the NSAC may request recognition of an agency.

(b) Applicants seeking approval from the state board as an agency recognized by the state board for program approval shall apply for recognition to the state board by submitting a letter of intent and the following:

(1) A brief history of the agency;

(2) A statement as to the scope of operations and indicating whether it is a regional, national, or state agency;

(3) A definition of the purpose, character, and scope of its activities as described in its charter or by-laws and written standards for accreditation or recognition;

(4) The agency's organization including:

a. Its governance and administrative structures;

b. A description of its ownership and control; and

c. The type of legal organization, including but not limited to tax-exempt or proprietary;

(5) Financial information including:

a. Fee structure;

b. Current operating statement; and

c. Most recent independent certified opinion audit;

(6) A description of procedures used in the evaluation of schools by the agency, including documentation that a school shall be required to provide, which shall include a visit to verify the written documentation, and who participates in school visitations;

(7) Definitions of levels of recognition or accreditation status and written procedures for providing due process in granting, denying, continuing, or revoking accredited or recognized status; and

(8) Frequency of evaluation of schools for continued accreditation or recognition.

(c) Agencies seeking program approval shall have a process for reviewing nonpublic school programs which, at a minimum, evaluates the adequacy for ensuring the well-being of students enrolled based on the following criteria:

(1) School mission statement and educational philosophy;

(2) Governance;

(3) School facilities;

(4) School health and safety programs;

(5) Curriculum;

(6) Staff qualifications;

(7) Admissions process;

(8) Graduation requirements for high schools only;

(9) Process for assessing student performance;

(10) Financial management;

(11) Student support services;

(12) Co-curricular activities;

(13) Parent involvement; and

(14) School and community relations.

(d) The NSAC shall review applications for program approval. If the NSAC finds that the application meets the requirements of (b) and (c) above, it shall recommend the agency to the state board for recognition.

(e) The board shall review the NSAC recommendation and take one of the following actions:

(1) Upon finding that the application meets the requirements of (b) and (c) above, the board shall identify the applicant as a recognized agency for program approval; or

(2) Disapprove the application if, in the opinion of a majority of board members, one or more of the following conditions exist:

a. Additional information has been received which indicates that the applicant is not eligible to be a recognized agency for program approval;

b. The information submitted by the applicant as required in (b) and (c) above is determined by the state board to be incomplete, inaccurate, or false; or

c. The NSAC misapplied a statute or administrative rule in making its recommendation.

(f) The department shall publish the list of recognized agencies for program approval at least annually.

(g) An agency may, at any time, submit written notification to the department that it does not wish to be recognized.

(h) Upon receipt of such a request the department shall:

(1) Remove the agency’s name from the list of recognized agencies; and

(2) Notify all schools that have previously been granted program approval through accreditation by the withdrawing agency.

(i) Program approval status for any school previously accredited by an agency whose name has been withdrawn from the list of recognized accrediting agencies shall remain in effect until the date of expiration of the most recent approval by the state board.

(j) The NSAC shall review those agencies previously recognized for program approval every 10 years and make one of the following approval recommendations to the board:

(1) Full approval for a period of 10 years, if the NSAC finds that the agency meets the requirements of (b) and (c) above;

(2) Conditional approval for a period of 2 to 3 years when deficiencies are found that are not serious enough to warrant non-approval, but are serious enough to warrant attention and review; or

(3) Non-approval.

(k) The board shall review the NSAC recommendation and take one of the actions enumerated in Ed 405.01(j).

(l) Previously recognized agencies shall be reviewed by the NSAC prior to the expiration of the most recent approval when information becomes known to the NSAC which indicates:

(1) The agency might no longer be meeting the requirements of (c) above; or

(2) The agency has acted in an unfair or unlawful manner in conducting accreditations.

(m) Agencies that have been recognized for program approval may request to be removed from the list of recognized agencies.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #12726, eff 2-16-19; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 405.02 Alternative Method for Program Approval Status {#sec-ed-405.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 405.02}

(a) In the event that a nonpublic school is unable to receive accreditation or approval from a recognized program approval agency, the school may submit a written request for program approval status to the NSAC for review and recommendation to the state board.

(b) In making such a request, the school shall:

(1) Describe its attempts to seek accreditation from a recognized program approval agency; and

(2) Explain why it has been unable to achieve accreditation by a recognized program approval agency.

(1) A narrative explanation of all items listed in Ed 405.01(b); and

(2) Any additional information that the school wishes to have considered by the NSAC.

(d) If, after reviewing and evaluating the request, the NSAC finds that the nonpublic school has made a reasonable effort to seek accreditation and warrants further review, the NSAC shall appoint an approval review team which shall conduct an evaluation of the school equivalent to those conducted by recognized program approval agencies.

(e) The review team shall consist of not less than 3 and not more than 7 members, and at least one of whom shall be an employee of a nonpublic school that is currently approved for program by the state board.

(f) The review team shall:

(1) Physically visit the nonpublic school and evaluate all items listed in Ed 405.01(c);

(2) Submit a written report to the NSAC within 45 working days of appointment; and

(3) Recommend approval of the request if it finds that the school meets the criteria in Ed 405.01(c).

(g) The department shall reimburse review team members for travel expenses associated with conducting the review visit if funds are available. Review team members shall be reimbursed for travel expenses at the same rate as state employees.

(h) Within 45 working days of receipt of the report from the review team, the NSAC shall take one of the following actions based on the review team’s recommendations:

(1) Recommend the school for program approval status to the state board if, in the opinion of the majority of NSCA members, the school meets the criteria in Ed 405.01(c);

(2) Recommend to the state board that the school be denied approval for program approval status if additional information has been received which, in the opinion of the majority of NSAC members, indicates that the school does not meet the criteria in Ed 405.01(c); or

(3) Return the application to the review team if the information in the review team’s report is determined to be incomplete or if it is determined that the review team did not follow the procedures required by (e) or (f) above.

(i) The NSAC shall notify the nonpublic school of its findings within 10 working days.

(j) If the NSAC recommends denied approval of the request for program approval status, the nonpublic school may, within 10 business days of notification of the recommendation for denied approval, request a hearing before the state board to submit evidence in support of its request for status pursuant to Ed 200.

(k) The state board shall hold a rehearing in accordance with Ed 213.02 for one or more of the following conditions:

(1) Additional information has been received which indicates that the school is not eligible for program approval status;

(2) The information submitted by the school as required in Ed 405 is determined by the state board to be inaccurate or false; or

(3) The NSAC misapplied a statute or administrative rule in making its recommendation.

History

#9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

Part Ed 406 Nonpublic Schools Eligible for Services

N.H. Code Admin. R. Ann. Ed 406.01 State and Federal Program Eligibility {#sec-ed-406.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 406.01}

Nonpublic schools shall be eligible to participate in state and federally funded programs, including but not limited to:

(a) Child benefit services;

(b) Dual enrollment programs;

(d) Child nutrition programs;

(e) Federal education programs; and

(f) Vocational rehabilitation.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 402.01) (see Revision Note at chapter heading for Ed 400)

Part Ed 407 Retention of Student Records

N.H. Code Admin. R. Ann. Ed 407.01 Student Records {#sec-ed-407.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 407.01}

(a) Each nonpublic school shall permanently maintain individual student records that include:

(1) Pupil registers for each year that the school was approved to operate, as required by RSA 189:27-a, that include, at minimum, the following information:

a. Name;

b. Date of birth; and

c. Town of legal residence;

(2) Transcripts of academic performance for each year that a student attended the school; and

(3) Record of award of high school diploma, including the date of award.

(b) In the event of a school closing or termination of operations, the school shall notify the department no less than 90 days prior to the closing date and provide the following:

(1) Permanent location of student records, as described in (a) above, which shall be:

a. Submitted in a format determined by the school if the school chooses to deposit the records to the local school district or other third-party agency; or

b. Electronically, if the school chooses to deposit the records with the department;

(2) Reason(s) for closure; and

(3) The name and contact information of 2 school representatives who the department may contact after school closure.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #12726, eff 2-16-19; ss by #13853, eff 1-11-24 (see Revision Note at chapter heading for Ed 400)

Part Ed 408 Establishment of the Nonpublic School Advisory Council

N.H. Code Admin. R. Ann. Ed 408.01 Duties of the Nonpublic School Advisory Council {#sec-ed-408.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.01}

(a) The NSAC shall carry out those duties assigned to it by the state board. The council shall work with nonpublic schools to encourage and develop nonpublic schooling in New Hampshire.

(b) Assigned areas of responsibility shall include, but not be limited to the following:

(1) Developing and maintaining effective communications between nonpublic schools and those state and local agencies involved in the approval process;

(2) Offering consultant assistance in the implementation of the school approval requirements;

(3) Recommending to the commissioner and state board desired changes in the rules for the approval of nonpublic schools;

(4) Explaining the availability of nonpublic school services in the state; and

(5) Investigating grievances submitted under the provisions of Ed 401.02(m), Ed 403.02(e), Ed 403.03(f), Ed 404.02(e), and Ed 404.03(f), and making appropriate recommendations to the commissioner.

(c) The department shall reimburse NSAC members for travel expenses associated with attending meetings if funds are available. NSAC members shall be reimbursed for travel expenses at the same rate as state employees.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.01) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.02 Membership Selection {#sec-ed-408.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.02}

Membership on the NSAC shall consist of the following:

(a) Ten members representing New Hampshire's nonpublic schools appointed by the commissioner upon nomination of the NSAC;

(b) The commissioner shall appoint one public school or chartered public school administrator;

(c) The commissioner may appoint other individuals interested in nonpublic school education but not affiliated with a nonpublic school or state agency; and

(d) The commissioner of health and human services shall appoint one member representing children, youth, and families.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.02) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.03 Rotation of Membership and Term of Appointment {#sec-ed-408.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.03}

(a) The term of appointment shall be 3 years.

(b) Terms of appointment as provided in this section shall end on June 30 of the year in which the term is completed.

(d) The term of appointment of members who are absent for 3 consecutive meetings may be reduced in length or terminated by the commissioner.

(e) In the event of vacancies, the commissioner shall appoint replacements at the time such vacancies occur.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.03) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.04 Records of the Advisory Council {#sec-ed-408.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.04}

The records and minutes of the NSAC shall be filed and maintained in the department.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.04) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.05 Funding and Support of Council Activities {#sec-ed-408.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.05}

The members of the NSAC shall serve without compensation. Subject to available funds, the state board shall financially support the activities of the council to cover expenses including but not limited to mileage and cost associated with holding a statewide conference. The chairperson of the council shall present budget requests to the state board biennially.

History

#4961, eff 10-26-90; EXPIRED 10-26-96
#6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.05) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.06 Grievance Committee {#sec-ed-408.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.06}

(a) The grievance committee shall be a subcommittee of the NSAC appointed by the chairperson, consisting of at least 5 and no more than 9 members, a majority of whom shall be representatives of nonpublic schools. 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 pursuant to the provisions of Ed 401.02(m), Ed 403.02(e), Ed 403.03(f), Ed 404.02(e), and Ed 404.03(f).

(1) Keep a written account of its investigations; and

(2) Submit such an account, together with its findings, to the commissioner within 30 days of the commissioner's referral.

History

#4961, eff 10-26-90; amd by #5409, eff 6-18-92; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.06) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.07 Request for Grievance Conference for the Denied Approval of a Nonpublic School {#sec-ed-408.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.07}

Any nonpublic school may request a grievance conference and have such request acknowledged as follows:

(a) Such request shall be in writing to the commissioner;

(b) The request shall state in detail the reasons for the request for a grievance conference and name the parties involved;

(1) A grievance conference has been scheduled in accordance with Ed 408.08; or

(2) Additional information is required to clarify the issues;

(d) The requestor shall have 10 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, schedule a grievance conference in accordance with Ed 408.08.

History

#4961, eff 10-26-90; amd by #5409, eff 6-18-92; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.07) (see Revision Note at chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 408.08 Grievance Conference for the Denied Approval of a Nonpublic School {#sec-ed-408.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 408.08}

(a) Upon receipt of a request pursuant to Ed 401.02(m), Ed 403.02(e), Ed 403.03(f), Ed 404.02(e), and Ed 404.03(f), or concerning an action taken under these rules, the commissioner shall notify the chairperson of the NSAC of the request for a grievance conference, and the grievance conference shall then proceed in accordance with this section.

(b) Within 5 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.

(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 attempt to reach a 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 days of the conference.

(g) Any settlement reached at a grievance conference shall be subject to review by the commissioner to ensure that the settlement is consistent with these rules and applicable statutes. Any settlement that is not consistent with these rules and applicable statues shall not be implemented.

(h) The findings shall list the pertinent facts found by the committee.

(i) The commissioner shall notify the parties of the issues agreed to, what issues remain unresolved, or both.

(j) The notice shall state the parties have 10 business days from receipt of the committee's findings on unresolved issues to request a hearing pursuant to the provisions of Ed 200.

History

#4961, eff 10-26-90; amd by #5409, eff 6-18-92; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 406.08) (see Revision Note at chapter heading for Ed 400)

Part Ed 409 Grievance Procedures

N.H. Code Admin. R. Ann. Ed 409.01 Definitions {#sec-ed-409.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.01}

(a) “Abuse” means causing:

(1) Intentional physical injury to a student;

(2) Physical injury to a student by other than accidental means; or

(3) Psychological injury to a student so that the student exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect.

(b) “Approved nonpublic school” means a nonpublic school that has been approved by the state board in accordance with Ed 401.02.

(d) “Governing body” means an approved nonpublic school’s board of directors, board of trustees, or executive board or person with responsibility to supervise and control the school.

(e) “Grievance” means a complaint based on:

(1) A pattern of failure to respond to accusations of abuse or neglect of any student(s) by a teacher or administrator employed by an approved nonpublic school or by a volunteer serving at such school; or

(2) A pattern of failure to respond to accusations of harassment of any student(s) by a teacher or administrator employed by an approved nonpublic school or by a volunteer serving at such school.

(f) “Neglect” means the failure to provide care or control necessary for a student’s physical, mental, or emotional health in the school setting, when it is established that the student’s health has suffered or is very likely to suffer serious impairment.

(g) “Parent” means:

(1) Natural or adoptive parent;

(2) Legal custodian or guardian; or

(3) Surrogate parent.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.01) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.02 Grievance Procedures; Request for Administrative Due Process Hearing {#sec-ed-409.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.02}

(a) A parent of a child attending an approved nonpublic school with a grievance against the school shall request a meeting with the governing body of the school to resolve the issue.

(b) The parent may request a due process hearing as provided in Ed 409.03, only after all timely internal school grievance processes are exhausted under (a) above, and the parent and the governing body are not able to resolve the issue.

New Hampshire Department of Education

Office of Legislation and Hearings

101 Pleasant Street

Concord NH 03301-3860

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.02) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.03 Scheduling of Administrative Due Process Hearings; Pleadings; Order of Notice {#sec-ed-409.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.03}

(a) If a parent requests an administrative due process hearing under Ed 409.02, the department shall schedule and hold a hearing in accordance with Ed 200, unless otherwise provided in Ed 409.03 – Ed 409.09.

(b) Within 10 business days of the receipt of the request for a hearing, the hearing officer shall begin the hearing process by issuing an order of notice in accordance with Ed 209.02.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.03) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.04 Continuance and Rescheduling of the Hearing; Consequences of Default {#sec-ed-409.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.04}

(a) Upon good cause shown, including but not limited to illness, accident, or death of a family member, the hearing officer shall continue the hearing and reschedule it for a date later than that shown in the order of notice but in no case shall the continuance be granted for more than 15 days. Notice of the continuance shall be made in writing to all parties except that if the continuance is granted less than 3 days before the scheduled hearing date, notice shall be made by telephone followed by notice in writing.

(b) Any party who has been served notice in accordance with Ed 409, who fails to appear and who fails to obtain a continuance from the hearing officer prior to the scheduled time of the hearing, shall have a decision rendered against that party if the interests of justice will be served by such action.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.04) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.05 Proposed Written Decision of Hearing Officer {#sec-ed-409.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.05}

The hearing officer shall render a proposed written decision at least 10 calendar days subsequent to a hearing. The proposed written decision shall list the pertinent facts found by the hearing officer in accordance with Ed 210.01 and Ed 212.01. A copy of the proposed written decision shall be mailed by certified mail, return receipt requested, to all parties named in the order of notice.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.05) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.06 Appeal of State Board Decision {#sec-ed-409.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.06}

Any party aggrieved by the decision may appeal the decision of the state board to a court of competent jurisdiction within 30 days of the decision. Pending appeal, the nonpublic school shall continue to operate.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.06) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.07 Revocation and Probation {#sec-ed-409.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.07}

(a) A written petition to the state board to revoke a nonpublic school’s approval status may be made by the parent of any pupil currently attending that school, alleging that the school refused to implement a decision of the state board, after conclusion of a due process hearing under Ed 409.

(b) After 30 days’ notice has been provided to all affected parties, the state board shall revoke a nonpublic school’s approval prior to the expiration of its term if the board determines, after a hearing, that the school has refused to implement a decision of the state board as provided in (a) above.

(c) Before revoking a nonpublic school’s approval, the state board shall consult with the nonpublic school’s governing board on the development and implementation of a corrective action plan.

(d) The state board shall place a nonpublic school on probationary status for up to one year to allow the implementation of a corrective action plan. If the board determines after the expiration of the probationary status that the plan was not successfully implemented, the board shall revoke its approval of the nonpublic school.

(e) Nothing contained in this section shall prevent the state board from immediately suspending a nonpublic school approval status in circumstances posing an immediate or ongoing danger to life or safety, provided that the state board shall commence a hearing on the suspension within 10 days of issuing the suspension order.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.07) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.08 Appeal of Decision of State Board {#sec-ed-409.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.08}

Any party aggrieved by a decision of the state board may appeal the decision to a court of competent jurisdiction within 30 days of the decision. Pending appeal, the nonpublic school shall continue to operate.

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.08) (See Revision Note a chapter heading for Ed 400)

N.H. Code Admin. R. Ann. Ed 409.09 Public Notice of Revocation of Approval {#sec-ed-409.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 409.09}

If the state board revokes approval of a nonpublic school, it shall provide public notice of such revocation by the following means:

(a) Posting of the notice of revocation on the website of the department;

(b) Causing a notice of the revocation to be published in a newspaper of general circulation in the area in which the nonpublic school is located; and

(c) Requiring the nonpublic school to send a copy of the notice of revocation to all the parents of students attending the school.

APPENDIX

Rule

Specific State Statute the Rule Implements

Ed 401.01

RSA 21-N:9, II(o); RSA 186:11, XXIX

Ed 401.02

RSA 21-N:9, II(f); RSA 21-N:9, II(o); RSA 186:11, XXIX; RSA 186:11, XXIX-a

Ed 401.03

RSA 21-N:9, II(o); RSA 186:11, XXIX; RSA 189:1

Ed 402.01

RSA 126-U:8, I(a); RSA 189:1; RSA 189:28, I-b; RSA 194:31

Ed 403.01

RSA 186:6

Ed 403.01(a)(2)e.1.

RSA 141-C:20-a

Ed 403.01(a)(2)f.

RSA 126-U, RSA 141-C:20-a, RSA 189:11, 189:27a:17, RSA 189:19,

RSA 189:20, RSA 189:21, RSA 189:64, RSA 193:31, and RSA 198:20-a

Ed 403.01(a)(2)g.

RSA 189:10, RSA 189:49, RSA 191:1, RSA 193:1-a, and RSA 200:32

Ed 403.01(a)(9)a.

RSA 141-C:20-a; 189:9; RSA 189:49

Ed 403.01(a)(10)

RSA 126-U; RSA 141-C:20-a; RSA 189:27-a; RSA 189:19;

Ed 403.02-Ed 403.04

RSA 21-N:9, II(o); RSA 186:11, XXIX

Ed 404.01-Ed 404.04

RSA 21-N:9, II(o); RSA 186:11, XXIX

Ed 405.01-Ed 405.02

RSA 21-N:9, II(f); RSA 21-N:9, II(o); RSA 186:11, XXIX

Ed 406.01

RSA 186:11, XXIX

Ed 407.01

RSA 189:27-a

Ed 408.01-Ed 408.08

RSA 21-N:9, II(f)

Ed 409.01-Ed 409.09

RSA 21-N:9, II(f); RSA 186:11, XXIX-a

History

#8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-11-24 (formerly Ed 408.09) (See Revision Note a chapter heading for Ed 400)

Chapter Ed 500 Credential Standards for Educational Personnel

Part Ed 501 Purpose and Definitions

N.H. Code Admin. R. Ann. Ed 501.01 Purpose {#sec-ed-501.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 501.01}

The rules of this part implement the statutory responsibilities of the New Hampshire board of education to:

(a) Develop and administer credential standards for educational personnel;

(b) Develop continuing professional education requirements and prerequisites for the renewal or reinstatement of educator licenses;

(c) Develop and administer a code of conduct for all credential holders and to inform members of the public of the code of conduct applicable to credential holders;

(d) Specify unprofessional conduct which justifies disciplinary sanctions against credential holders;

(e) Set forth the department’s procedures and processes as it pertains to reviewing and assessing complaints, cases, and investigations; and

(f) Provide oversight of adjudicatory proceedings required for discipline of credential holders while providing such with fair hearing practices and rights of appeal.

History

#6349, eff 10-5-96, EXPIRED: 10-5-04
#8194, eff 10-26-04, EXPIRED: 10-26-12
#10558, eff 3-27-14; ss by #12661, eff 11-9-18; ss by #13100, eff 10-5-20; ss by #13999, eff 6-14-24 (see Revision Note at chapter heading for Ed 500)

N.H. Code Admin. R. Ann. Ed 501.02 Definitions A - H {#sec-ed-501.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 501.02}

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

(a) “Authorization” means permission for a person to serve in the role of a licensed educator prior to completing the licensure endorsement requirements for that role, or for a temporary period of time established by the document;

(b) “Board” means the state board of education created by RSA 21-N:10;

(c) “Bureau” means the bureau of credentialing, division of educator support and higher education, department of education;

(d) “Case” means a complaint or report has been reviewed by the department and determined that the allegation within the complaint involves a credential holder and a possible violation of the educator code of conduct and might warrant an investigation;

(e) “Clearance” means a document issued to bus drivers and candidates enrolled in a professional educator preparation program (PEPP) which reflects that the criminal history record check was completed pursuant to RSA 189:13-b and RSA 189:13-c, and none of the violations in RSA 189:13-a, V were found;

(f) “Certificate” means the electronic or paper form of any type of credential issued by the board;

(g) “Code of conduct” means the code of conduct for credential holders as outlined in Ed 510.01-Ed 510.05;

(h) “College-level course” means a course of at least 3 credit hours from an institution of higher education accredited by a regional accrediting body approved by the U.S. Department of Education;

(i) “Commissioner” means the commissioner, department of education;

(j) “Complaint” means information that has come to the attention of the department either through direct reporting or other means and alleges possible educator misconduct as defined by the educator code of conduct. The term also includes “report”;

(k) “Credential” means any authorization, statement, or license issued by the state board including, but not limited to, beginning educator license (BEL), experienced educator license (EEL), in process of licensure authorization (IPLA), intern authorization (IA), statement of eligibility (SOE), educational interpreter and transliterator license (EITL), paraeducator I and II license (PARA I & PARA II), school nurse I, II, and III license (SN I, SN II, and SN III), and master teacher license (MTL);

(l) “Credential holder” means any individual who holds a credential, as defined in Ed 501.02(k);

(m) “Credential verification request” means a request from a credential holder to fulfill a request for verification of a New Hampshire credential;

(n) “Career and technical education principal” means the individual who serves as the administrative and instructional leader of a career and technical education school;

(o) “Curriculum administrator” means the individual, other than the superintendent, who is responsible for the oversight of the entire curriculum, instruction, and assessment program of a school district or school administrative unit (SAU);

(p) “Degree” means a degree from an institution accredited by a regional accrediting body approved by the U.S. Department of Education;

(q) “Denial” means the refusal to grant a credential to an applicant;

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

(s) “Director” means the director, division of educator support and higher education, department of education;

(t) “District administrator” means the senior educational official of a school district or SAU with 400 or fewer total school-age enrollments and with no more than 2 public schools who provides the superintendent services identified in RSA 194-C:4 and Ed 302;

(u) “Division” means the division of educator support and higher education, department of education;

(v) “Education administrator” means a person who provides building-, district-, or SAU-level administrative services at the pre-K, elementary, or secondary level including a superintendent, assistant superintendent, principal, assistant principal, special education administrator, curriculum administrator, career and technical education principal, and district administrator, as outlined in Ed 506;

(w) “Educational interpreter and transliterator” means a person licensed by the board who facilitates communication between individuals who are deaf or hard of hearing, or who use signed language as a primary mode of communication, and individuals who are hearing;

(x) “Educational organization” means a public school, an SAU, a school district, a chartered public school, public academy, or a nonpublic school;

(y) “Educational specialist” means a person who provides non-instructional services, or provides specialized instructional services outside of the classroom, to students at the pre-K, elementary, or secondary level including a library media specialist, school counselor, school counseling director, school nurse, school psychologist, school social worker, and specialist in assessment of intellectual functioning;

(z) “Educator” means education administrators, educational specialists, instructional specialists, teachers, paraeducators, educational interpreter and transliterator, and school nurses;

(aa) “Endorsement” means the area specified on a credential that indicates the role for which the credential holder is authorized for employment; and

(ab) “Experience” means full-time employment in a specific educator role, or equivalent to full-time, and does not include time in a role requiring a credential if the educator did not hold the required credential.

History

(See Revision Note at chapter heading for Ed 500) #13999, eff 6-14-24 (formerly Ed 501.02(a)-(y)):

N.H. Code Admin. R. Ann. Ed 501.03 Definitions I - Z {#sec-ed-501.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 501.03}

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

(a) “Instructional specialist” means a person who provides specialized instructional support to teachers and others who provide direct instruction to children at the pre-K, elementary, or secondary level, including reading and writing specialist, digital learning specialist, and elementary mathematics specialist for grades K-6;

(b) “In process of licensure authorization (IPLA)” means the authorization issued by the bureau to a school district or SAU to employ a non-credentialed educator who is in the process of licensure to fill a vacancy as specified in Ed 504.05;

(c) “Intern authorization” means the authorization granted to an applicant pursuant to Ed 504.03 to perform educational services while working under a bureau approved development plan as outlined in Ed 505.06;

(d) “Investigation” means that the department has credible evidence to support and is conducting an official inquiry to determine whether a violation of the educator code of conduct has occurred;

(e) “License” means the document issued when an applicant meets full licensure requirements;

(f) “Licensure” means the official recognition by the board that an individual has met all requirements and is approved to practice in an endorsement area(s);

(g) “Nonrenewal” means the department has prohibited an educator whose credential has expired from renewing any credentials or applying for any new credentials, to satisfy or complete a disciplinary action;

(h) “Paraeducator” means a person who works under the supervision of a teacher or other appropriate licensed education professional to provide specialized or concentrated non-initial instructional support to students at the pre-, elementary, or secondary level and may be licensed by the board;

(i) “Principal” means the individual who serves as the administrative and instructional leader of a school;

(j) “Reprimand” means a note related to conduct in the file of a credential holder, which does not rise to the level of a suspension or revocation of a credential, which can be used in the event of a subsequent investigation;

(k) “Revocation” means the department has permanently rescinded a credential from a credential holder or clearance holder;

(l) “School nurse” means a licensed nurse holding a board-issued credential to provide health services in accordance with RSA 200:29;

(m) “Senior educational official” means the top executive in an educational organization who makes the key decisions on spending, staffing, and other education policies;

(n) “Special education administrator” means the individual who is responsible for oversight of the entire special education staff and program at the district or SAU level;

(o) “State” means any state of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, a Trust Territory of the Pacific Islands, or any territory or possession of the U.S. The term also includes the US. Department of Defense Education Activity (DODEA);

(p) “Statement of eligibility (SOE)” means a credential issued by the department that indicates that an individual has successfully met the entry requirements to seek employment and begin the site-based licensing plan described in Ed 505.06;

(q) “Superintendent” means the individual serving in the role of executive officer of the local school district(s) within the SAU and providing superintendent services as outlined in RSA 194-C:4 and Ed 302;

(r) “Surrender” means when a credential holder offers to voluntarily give up the possession of a credential;

(s) “Suspension” means the department has rescinded a credential from a credential holder for a specified period of time;

(t) “Student” means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any “adult student” as specified in Ed 1102.01(f), at any school or education institution except as otherwise noted in these rules; and

(u) “Teacher” means a person who plans, provides, and assesses direct instruction to children at the pre-K, elementary, or secondary level in a content area specified in Ed 507. “Teacher” does not include paraeducator.

History

(See Revision Note at chapter heading for Ed 500) #13999, eff 6-14-24 (formerly Ed 501.02(z)-(ap))

Part Ed 502 Public Information

N.H. Code Admin. R. Ann. Ed 502.01 Confidentiality of Credentialing Records {#sec-ed-502.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 502.01}

(a) Pursuant to RSA 91-A:5, V, the following limited credential status information shall be available to the general public, upon written or verbal request:

(1) The name of the credential holder;

(2) The individual's current credential status, including type of credential, expiration date of credential, and all endorsements;

(3) The individual's suspension, if applicable, including effective dates of each suspension period, reason for the suspension, and revocation, if applicable; and

(4) The school, if known or stated, where the credential holder is currently employed.

(b) The provisions of this section shall not require the release of information related to:

(1) Informal or formal investigations; or

(2) Board or hearing officer records from adjudicatory proceedings involving the credential holder when such adjudicatory proceeding is not open to the public in accordance with Ed 200.

(1) A party in an adjudicatory proceeding when:

a. The credential holder is a party to the proceeding; and

b. The credential holder’s credential record is relevant to the proceeding;

(2) A law enforcement agency when the agency is conducting a criminal investigation of the credential holder;

(3) A certifying agency of another jurisdiction for:

a. Purposes of credentialing the credential holder in the other jurisdiction; or

b. An investigation of the credential holder by the other jurisdiction, when:

The credential holder was the subject of a formal investigation under Ed 511; or
Disciplinary action was taken against the credential holder by the board under Ed 511;

(4) Board investigators or prosecutors; or

(5) Persons to whom the credential holder has given a release.

(d) The bureau shall report:

(1) Any suspension or revocation to the credential holder’s current senior educational official in N.H. and The National Association of State Directors of Teacher Education and Certification (NASDTEC) educator identification clearing house; and

(2) Any reprimand to the credential holder’s current superintendent of school in N.H.;

(e) The department shall maintain a list of all credential holders whose credentials have been revoked or who are under suspension, and such list shall be published on the department’s website.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90, EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04, EXPIRED: 12-17-12
#10558, eff 3-27-14; ss by #12661, eff 11-9-18; ss by #13100, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 502.02 Educator and Credential Records {#sec-ed-502.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 502.02}

(a) All records regarding educators and credentials shall be maintained by the bureau.

(b) Records for all credentials in New Hampshire shall be available to the general public through the following methods:

(1) A verbal or written request to the department as outlined in Ed 502.01(a); and

(2) The educator search function on the bureau of credentialing website: https://my.doe.nh.gov/profiles/educators/search.aspx.

(1) If completing the request via mail:

a. Complete and submit DOE-BOC 6 “Application -Credential Verification Request,” April 2026 including the certification statement in accordance with Ed 505.08(k);

b. Include payment for the indicated fee in accordance with Table 505-1 in the form of a money order or cashier’s check made payable to “Treasurer, State of New Hampshire”; and

c. Mail to:

Bureau of Credentialing

Department of Education

25 Hall St.

Concord, NH 03301; or

(2) Submit the request through myNHDOE education information system (EIS) at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx.

(d) Any credential holder seeking to request an official name change to their credential records shall:

(1) If completing the request via mail:

a. Complete and submit DOE-BOC 8 “Name Change Request,” April 2026, including:

The certification statement in Ed 505.08(j) and (k);
Supporting documentation from a court or state agency confirming the name change; and
Attachments with explanatory statements, as applicable;

b. Include payment for the indicated fee in accordance with Table 505-1 in the form of a money order or cashier’s check made payable to “Treasurer, State of New Hampshire”; and

c. Mail to:

Bureau of Credentialing

Department of Education

25 Hall St.

Concord, NH 03301; or

(2) Submit the request through my NHDOE EIS at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; amd by #5288, eff 11-27-91; ss by #6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04, EXPIRED: 12-17-12
#10558, eff 3-27-14; ss by #13100, eff 10-5-20; ss by #14575, eff 5-13-26, EXPIRES: 5-13-36

Part Ed 503 Requirement for Employment

N.H. Code Admin. R. Ann. Ed 503.01 Requirement for Employment {#sec-ed-503.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 503.01}

(a) For the purposes of this section, “minor assignment” means the portion of an individual’s teaching assignment being taught in a content area in which the individual does not hold a license.

(b) A non-credentialed substitute teacher or school nurse may be hired for up to 20 consecutive days in the same position without holding a New Hampshire educator credential issued by the state board, after which time the individual shall be required to hold a credential or a one-year certificate of eligibility pursuant to RSA 189:39-b.

(c) Employees hired for positions requiring a license by the state board shall hold a valid board-issued credential in the endorsement area appropriate to the employee’s assigned position, unless they are assigned by a superintendent as outlined in (d) below.

(d) A superintendent or senior educational official shall determine whether a teacher or administrator has sufficient knowledge in a content area to teach a minor assignment, so long as the minor assignment adheres to the following:

(1) The total of all minor assignments shall be less than 50 percent of the individual’s weekly instructional and administrator responsibilities;

(2) Minor assignments shall be reviewed by the superintendent on an annual basis to ensure that the individual has the appropriate level of content knowledge;

(3) No teacher or administrator shall be assigned to a minor assignment role that requires a degree level the individual does not currently hold; and

(4) Only an educator holding a current and valid administrator or teacher endorsement shall be given a minor assignment in a teacher role.

(e) No teacher or administrator shall be assigned an unlicensed minor assignment in the following:

(1) Any licensed special education role; and

(2) Any licensed English for speakers of other languages (ESOL) education role.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8194, eff 10-26-04, EXPIRED: 10-26-12
#10558, eff 3-27-14; ss by #13100, eff 10-5-20; ss by #14109, eff 11-16-24

N.H. Code Admin. R. Ann. Ed 503.02 Sanctions for Employment Without a Valid Credential {#sec-ed-503.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 503.02}

(a) The board shall revoke the credential of a superintendent who knowingly employs or continues the active employment of an individual who does not hold a valid New Hampshire credential provided the board determines that the superintendent took such action knowingly based on findings of fact or conclusions of law established in accordance with due process rights in Ed 200.

(b) All fair hearings and notice provisions of Ed 511 shall be met prior to revocation of the superintendent's credential.

(c) The superintendent shall remove an individual who knowingly continues employment after the expiration of a New Hampshire credential until such time as the educator obtains a New Hampshire credential pursuant to these rules.

(d) This section shall not apply to any individual who has filed a timely application for license renewal pursuant to Ed 509.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; rpld by #4851, eff 6-25-90
#6349, eff 10-5-96; ss by #7923, eff 7-24-03, EXPIRED: 7-24-11
#10558, eff 3-27-14; ss by #13100, eff 10-5-20 (formerly Ed 503.03)

Part Ed 504 Professional Credentials

N.H. Code Admin. R. Ann. Ed 504.01 Beginning Educator License {#sec-ed-504.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.01}

(a) To qualify for a beginning educator license, an individual shall meet the qualifications for a license specified in Ed 505 and either:

(1) Have less than 3 years of educator experience; or

(2) Have more than 3 years of educator experience but does not meet the requirements for an experienced educator license pursuant to Ed 504.02.

(b) Beginning educator licenses shall be issued for 3 years and renewed pursuant to Ed 509.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; amd by #7923, eff 7-24-03; paragraphs (a)-(d) EXPIRED: 10-5-04; ss by #8229, eff 12-17-04, EXPIRED: 12-17-12
#10506, eff 1-17-14; ss by #13100, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 504.02 Experienced Educator License {#sec-ed-504.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.02}

(a) To qualify for an experienced educator license an individual shall:

(1) Have at least 3 years of full-time or full-time equivalent educator experience;

(2) Have been deemed effective or above according to the local evaluation system for 2 consecutive years; and

(3) Have successfully completed a renewal cycle pursuant to Ed 509 and the state or local professional development master plan as determined by the senior educational official.

(b) Experienced educator licenses shall be issued for 3 years and renewed pursuant to Ed 509.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #7923, eff 7-24-03, EXPIRED: 7-24-11
#10506, eff 1-17-14; ss by #13100, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 504.03 Intern Authorization {#sec-ed-504.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.03}

(a) To qualify for an intern authorization an individual shall complete the application required in Ed 505 and be currently employed in a New Hampshire school under a valid statement of eligibility;

(b) Intern authorizations shall be granted under Ed 505.09(f) for the duration of the site-based licensing plan.

History

#6349, eff 10-5-96; ss by #7923, eff 7-24-03, EXPIRED: 7-24-11
#10506, eff 1-17-14; ss by #13100, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 504.04 Credential Standards for Educational Personnel {#sec-ed-504.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.04}

RESERVED

History

#6349, eff 10-5-96; ss by #7923, eff 7-24-03, EXPIRED: 7-24-11
#10506, eff 1-17-14; ss by #12661, eff 11-9-1; ss by #13100, eff 10-5-20; rpld by #14022, eff 7-12-24

N.H. Code Admin. R. Ann. Ed 504.05 In Process of Licensure Authorization (IPLA) {#sec-ed-504.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.05}

(a) The senior educational official shall complete and file with the bureau DOE-BOC 7 “In Process of Licensure Authorization (IPLA)” form, April 2026, for any district or SAU employee who:

(1) Is in the process of licensure;

(2) Has submitted a complete application for licensure pursuant to Ed 505.08;

(3) Meets all licensure requirements except for the testing requirements pursuant to Ed 505.01; and

(4) Has paid all applicable licensure fees as enumerated in Ed 505.09, which may include initial licensure, additional endorsements, or a criminal history records check clearance.

(b) The bureau shall approve such filing, if the bureau finds that the applicant who is the subject of the IPLA request meets the requirements in (a) above.

(c) The bureau shall notify the senior educational official that the applicant is authorized under a one-time IPLA for up to the duration of the school year for which the request was made.

(d) During employment under the IPLA, the applicant shall upload evidence of official passing test scores on the required test(s) as outlined in Ed 505.01 to the educator information system (EIS), at which time the department shall issue the applicant’s license.

History

#10506, eff 1-17-14 (from Ed 504.01); ss by #12661, eff 11-9-18 (formerly Ed 504.041) ; ss by #13100, eff 10-5-20; ss by #14575, eff 5-13-26, EXPIRES: 5-13-36

N.H. Code Admin. R. Ann. Ed 504.06 Certification as a Paraeducator II {#sec-ed-504.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.06}

The following shall apply to the certification of a Paraeducator II:

(a) To be certified as a Paraeducator II, an individual shall meet the following entry level requirements relative to education and experience:

(1) Possess a high school degree or HiSET equivalent; and

(2) Meet one of the following requirements:

a. Hold an associates’ degree or a minimum of 48 college credit hours;

b. Demonstrate a passing score on a nationally recognized assessment such as the ParaPro offered by ETS; or

c. Demonstrate a knowledge of and ability to assist in the instruction of reading, writing, and mathematics as evidenced by a formal assessment of a portfolio submitted by the individual, that demonstrates knowledge and skills in each of the following areas:

Professionalism;
Literacy;
Mathematics;
Child development; and
Individualized instructional strategies; and

(b) The portfolio assessment may be managed by the department and administered by the department, the department’s agents(s), or the local district; and

(c) Qualifications for a Paraeducator II shall include the following skills, competencies, and knowledge to be demonstrated by evidence such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice:

(1) As relating to professionalism, the individual shall demonstrate the knowledge of and ability to work under the direct supervision of a certified educator by:

a. Interacting professionally in various and social group settings;

b. Participating in ongoing professional development and self-evaluation;

c. Applying constructive feedback to improve performance;

d. Maintaining confidentiality of information regarding students, staff, and families, and the legal rights and responsibilities of school staff and students;

e. Reflecting on the effects of one’s choices and actions on students, parents and others in the community;

f. Understanding the applicable laws, rules, regulations, and procedural safeguards that must be observed in educational environments;

g. Assisting in maintaining a safe, healthy learning environment that includes following prescribed policy and procedures;

h. Functioning in a manner that demonstrates the ability to use effective problem solving, engage in flexible thinking, employ appropriate conflict management techniques and analyze one’s own personal strengths and preferences;

i. Communicating, following instructions and using problem-solving skills that will enable the individual to work as an effective member of the instructional team;

j. Assisting with maintaining student records including using any technology employed by the district;

k. Seeking help from appropriate sources as necessary; and

l. Supporting the instructional choices made for students;

(2) As relating to knowledge of literacy, the individual shall demonstrate competency at a level equivalent to the second year of college by:

a. Reading and comprehending passages written in English;

b. Identifying key elements in a written passage;

c. Using standard spoken English correctly;

d. Clearly communicating thoughts, ideas, information, and messages in both spoken and written language;

e. Using language, style, organization, and format appropriate to the subject matter, purpose, and audience;

f. Proof reading, editing and revising written works to ensure correct information, appropriate emphasis, form, grammar, spelling usage, and punctuation; and

g. Retrieving information from print and electronic resources;

(3) As relating to instructional skills associated with literacy, the individual shall demonstrate the ability to:

a. Assist students to use study skill strategies;

b. Read aloud to students using appropriate phrasing and inflection;

c. Help students explore literature as a source for understanding their own experience and those of others;

d. Reinforce reading skills in small group or one-on-one settings;

e. Use a variety of technologies, including assistive technologies, to help students develop reading, writing, and learning skills; and

f. Use a variety of strategies to reinforce literacy skills including the essential components of reading and writing;

(4) As relating to knowledge of mathematics, the individual shall demonstrate competency at a level equivalent to the second year of college by:

a. Performing the 4 basic operations of addition, subtraction, multiplication, and division with whole numbers, positive and negative integers, rational and irrational numbers;

b. Demonstrating the ability to estimate mathematical results;

c. Using tables, graphs, diagrams, and charts to obtain or convey quantitative information;

d. Choosing appropriate techniques to approach mathematical problems;

e. Using quantitative data to construct logical explanations for real-world situations;

f. Expressing mathematical ideas and concepts orally and in writing;

g. Understanding the role of chance in the occurrence and prediction of events;

h. Extracting key elements from a word problem and translate the information into accurate mathematical expressions; and

i. Applying mathematical concepts to real life situations;

(5) As relating to instructional skills associated with mathematics, the individual shall demonstrate the ability to:

a. Reinforce mathematical skills presented by the teacher;

b. Assist in the review and evaluation of student work in mathematics;

c. Use technologies to help students create charts, graphs, and projects that express mathematical ideas;

d. Use a variety of technologies, including assistive technologies, to help students learn mathematical concepts and skills;

e. Demonstrate how manipulatives can be used to represent and solve mathematical problems; and

f. Use a variety of instructional strategies to reinforce mathematical skills;

(6) As relating to human development, the individual shall demonstrate understanding of:

a. Developmental stages through which children progress from birth to age 21;

b. Various risk factors that might prohibit or impede typical development;

c. Different learning styles;

d. The influence families have on childhood learning and development;

e. Multiple intelligences;

f. Various personality types; and

g. The existence of a variety of developmental disorders and delays; and

(7) As relating to individualized instructional strategies, the individual shall demonstrate the ability, under the supervision of a professional, to:

a. Implement various approaches to reading, writing, and mathematics;

b. Use strategies and techniques for facilitating the inclusion of individuals with exceptional learning needs into various settings;

c. Prepare and organize materials to support teaching and learning;

d. Implement strategies that promote student independence;

e. Use and adapt a variety of developmentally and age appropriate materials and equipment, including assistive technology, to support student learning;

f. Use a variety of instructional strategies appropriate to unique needs of the student;

g. Respect diversity in cultural heritages, lifestyle, and value systems among children, youth and families when delivering instruction or support;

h. Support and implement a variety of behavior management strategies to create a climate conducive to learning;

i. Monitor and record student learning in a variety of ways, such as but not limited to, observation, conversation, and testing;

j. Use approaches such as but not limited to, modifying the learning environment, implementing district or building behavior programs and implementing individual behavior plans in order to manage individual student behavior;

k. Use strategies that support strengthening appropriate social skills of students;

l. Carry out activities to collect and document objective information about student strengths and needs; and

m. Support and work within a tiered system of instructional services.

History

#7074, eff 8-30-99; amd by #7923, eff 7-24-03; ss by #8229, eff 12-17-04; ss by #8667, eff 7-1-06, EXPIRED: 7-1-14
#12143, eff 3-24-17; renumbered by #12661 (formerly Ed 504.05)

N.H. Code Admin. R. Ann. Ed 504.07 Certification as a Paraeducator I {#sec-ed-504.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.07}

To be certified as a Paraeducator I, an individual shall possess a high school degree or HiSET equivalent.

History

#8667, eff 7-1-06, EXPIRED: 7-1-14
#12143, eff 3-24-17; renumbered by #12661 (formerly Ed 504.06)

N.H. Code Admin. R. Ann. Ed 504.08 School Nurse I {#sec-ed-504.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.08}

(a) An applicant for school nurse I shall be currently licensed in New Hampshire as a registered nurse as defined by RSA 326-B:2, X at the associate’s degree level and have 3 years of clinical nursing experience in pediatric nursing or other related nursing areas, including, but not limited to public health, community health, family mental health, emergency, and primary care nursing.

(b) The applicant shall complete and submit the following items pursuant to Ed 505.08(a):

(1) The form(s) pursuant to Ed 505.08(b) and the attestation pursuant to Ed 505.08(j);

(2) An official transcript from a registered nursing program approved by the board of nursing;

(3) A copy of a valid state-issued license as a registered nurse;

(4) An employment verification letter from current or previous employers which demonstrates 3 years of work experience as required in (a) above; and

(5) Verification of enrollment in a board of nursing approved program to confirm compliance with RSA 200:29, IV.

(d) A school nurse I shall comply with the code of conduct outlined in Ed 511.

(e) A school nurse I credential shall be valid for no more than 2 cycles of 3 years each with verification of compliance with (b)(5) above.

History

#12418, eff 11-14-17; renumbered by #12661 (formerly Ed 504.07); ss by #13100, eff 10-5-20; ss by #13823, INTERIM, eff 12-15-23, EXPIRED: 6-12-24
#14049, eff 8-15-24

N.H. Code Admin. R. Ann. Ed 504.09 School Nurse II {#sec-ed-504.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.09}

(a) A school nurse II hired before August 25, 2019, may renew a school nurse II credential if they continue to be employed within the same school district and comply with (c) and (d) below.

(b) If a school nurse II leaves the school district in which they are currently employed, they shall either:

(1) Apply for a school nurse I credential under Ed 504.08; or

(2) Apply for a school nurse III credential under Ed 504.10.

(c) A school nurse II shall complete continuing education as outlined in Ed 513.07 and follow the renewal procedures outlined in Ed 509.

(d) A school nurse II shall comply with the code of conduct outlined in Ed 510.

History

#12418, eff 11-14-17; renumbered by #12661 (formerly Ed 504.08; ss by #13100, eff 10-5-20; ss by #13823, INTERIM, eff 12-15-23, EXPIRED: 6-12-24
#14049, eff 8-15-24

N.H. Code Admin. R. Ann. Ed 504.10 School Nurse III {#sec-ed-504.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.10}

(a) An applicant for school nurse III shall have completed a board of nursing approved registered nursing program at the bachelor’s degree level or higher, be currently licensed in New Hampshire as a registered nurse as defined by RSA 326-B:2, X, and have 3 years current experience in pediatric nursing or other related nursing areas, including, but not limited to public health, community health, family mental health, emergency, and primary care nursing.

(b) A school nurse holding national certification (NCSN) or out of state certification shall meet the requirements of school nurse III upon evaluation by the bureau of credentialing.

(1) The form(s) pursuant to Ed 505.08(b) and the attestation pursuant to Ed 505.08(h);

(2) Employment verification letters from a current or previous employer which outlines 3 years of work experience required in (a) above;

(3) A copy of a valid state-issued license as a registered nurse at the bachelor’s degree level or higher; and

(4) An official transcript from an accredited college or university showing the successful completion of a BSN or more advanced degree.

(d) A school nurse III shall complete continuing education as outlined in Ed 513.07 and shall follow the renewal procedures outlined in Ed 509.

(e) A school nurse III shall comply with the code of conduct outlined in Ed 510.

History

#12418, eff 11-14-17; renumbered by #12661 (formerly Ed 504.09); ss by #13100, eff 10-5-20; ss by #13823, INTERIM, eff 12-15-23, EXPIREd: 6-12-24
#14049, eff 8-15-24

N.H. Code Admin. R. Ann. Ed 504.11 Educational Interpreter and Transliterator for Children and Youth Ages 3-21 Inclusive {#sec-ed-504.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.11}

(a) For purposes of this section, the following definitions shall apply:

(1) “Educational interpreter and transliterator” means the professional employee whose job entails the facilitation of communication between individuals who are deaf or hard of hearing, or who use signed language as a primary mode of communication, and individuals who are not fluent in signed language;

(2) “Interpreting” means the process of accurately conveying information between American Sign Language (ASL) and English; and

(3) "Transliterating” means accurately conveying a message via visual or tactile manual representations of the English language such as manually coded English, cued speech, Signed English, Signing Exact English (SEE), and oral transliterating. This process conveys information from one mode, spoken or signed, of English to another mode of English.

(b) To be licensed as an educational interpreter and transliterator for children and youth ages 3 to 21 inclusive, a candidate shall meet the following requirements:

(1) Hold a minimum of an associate’s degree;

(2) Receive a passing grade on the Educational Interpreter Performance Assessment Written Test (EIPA-WT); and

(3) Meet one of the following entry-level requirements relative to education and experience:

a. Receive a passing score on the New Hampshire state board of education-designated practical examination for educational interpreting or a comparable examination;

b. Hold a current national certification from either National Office of the Registry of Interpreters of the Deaf (RID) or National Association of the Deaf (NAD) of at least level III; or

c. Educational interpreter licensure from another state.

(c) A candidate for a license as an educational interpreter and transliterator shall have skills, competencies, and knowledge in the following areas:

(1) Knowledge of and practices of:

a. Educational interpreting and transliterating; and

b. Community interpreting and transliterating;

(2) The ability to identify and appropriately utilize resources that serve students who are deaf or hard of hearing, including:

a. Services;

b. Programs;

c. Agencies; and

d. Federal, state, and local organizations;

(3) The ability to establish an environment allowing for effective interpreting and transliterating in a wide variety of educational settings;

(4) A knowledge of different modes of communication which shall include, but not be limited to:

a. American sign language (ASL);

b. Conceptually accurate signed English (CASE);

c. Pidgin signed English (PSE);

d. Manually coded English;

e. Oral;

f. Cued speech; and

g. Tactile;

(5) In the area of the process of interpreting and transliterating, the ability to match the child’s communication mode(s) as determined by the Individualized Education Program (IEP) team specified in Ed 1109.03 or the 504 team;

(6) In the area of the professional roles, responsibilities, and practices:

a. Knowledge of the Americans with Disability Act (ADA), the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and state statutes and regulations that pertain to students who are deaf and hard of hearing and how they are applied;

b. Knowledge of state child protection laws and school policies regarding how to report child abuse or neglect and explain the appropriate protocol to follow the statutes and regulations;

c. Knowledge of American deaf culture and how it is distinguished from general American culture;

d. Knowledge of the role and responsibilities of an educational interpreter and transliterator in all educational settings, including public forums, for children and youth ages 3 through 21 inclusive; and

e. Knowledge of hearing loss, cochlear implants, and amplification devices for deaf and hard of hearing children;

(7) In the area of child development:

a. How students learn and develop cognitively, linguistically, socially, ethically, emotionally, and physically; and

b. How the development of language in deaf students impacts their development cognitively, linguistically, socially, ethically, and emotionally; and

(8) In the area of IEP and 504 processes in educational settings:

a. Knowledge of the special education process as specified in Ed 1109, and the 504 process; and

b. Collaboratively work with other members of the educational team, contributing information about the child’s language including:

Most effective mode(s) of communication;
Use of practical and functional language;
Use of social and academic language; and
Student’s ability to comprehend interpreted information.

(d) Candidates shall participate in professional development for both personal growth and school district’s master plan program improvement as specified in Ed 513.04, Ed 513.05, and Ed 513.06.

History

#7756, eff 9-1-02; amd by #8229, eff 12-17-04; ss by #8844, eff 3-16-07; ss by #10245, eff 12-21-12; renumbered by #12603 (formerly Ed 507.35); ss by #13100, eff 10-5-20 (formerly Ed 507.36); ss by #13656, eff 6-9-23

N.H. Code Admin. R. Ann. Ed 504.12 Criminal History Record Check Clearance {#sec-ed-504.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 504.12}

(a) A criminal history records check clearance shall be required for:

(1) Any individual seeking an educator credential in New Hampshire for the first time;

(2) Any individual seeking employment as a school bus driver; and

(3) Professional educator preparation program (PEPP) candidates upon selection or admittance to a PEPP as outlined in RSA 189:13-c, I(b).

(b) An applicant for a criminal history record check clearance shall submit:

(1) To the department:

a. One of the applicable forms as follows:

For first time applicants, DOE-BOC 4 “Criminal History Record Check Clearance - First time Licenses Only,” April 2026, including certifying the statements in Ed 505.08(f)(3) and Ed 505.08(j) and including any explanatory attachments as applicable; or

2 For bus drivers and PEPP candidates, DOE-BOC 5 “Criminal History Record Check Clearance,” April 2026, including the certification statement in Ed 505.08(j) and any explanatory attachments as applicable;

b. A copy of a valid government-issued identification (ID) including, but not limited to:

A driver’s license;
A state-issued photo ID;
A passport; or
A military ID; and

c. The applicable credentialing fee pursuant to Ed 505.09; and

(2) To the department of safety:

a. A completed department of safety “Criminal History Record Release Form” DSSP 382 for SAU employees, along with the fee indicated on the form; or

b. A completed department of safety “Contracted School Transportation Providers Form” DSSP 434, along with the fee indicated on the form.

(c) A completed application for criminal history records check clearance shall be reviewed by the background check coordinator, as described in RSA 21-N:8-a, I-a, in accordance with Ed 505.10(a)-(d).

(d) A criminal history records check clearance shall not be issued without the department’s receipt of the applicant’s complete criminal history record.

(e) An individual’s criminal history records check clearance shall be denied if during review of the completed application, the background check coordinator finds any of the grounds for denial as outlined in Ed 512.01.

(f) A criminal history records check clearance for bus drivers shall be valid:

(1) For 5 years; or

(2) Until the background check coordinator of the department:

a. Receives actual notice of a basis to deny a criminal history records check clearance in accordance with Ed 512.01; and

b. Provides notice of revocation of the criminal history records check clearance to the bus driver and the New Hampshire department of motor vehicles.

(g) A criminal history records check clearance for new bus driver applicants shall be valid for:

(1) The duration of the individual’s current state-issued driver’s license; or

(2) A period not to exceed 5 years from the date of issuance.

(h) Bus drivers shall reapply for a new clearance no more than 6 months and no less than 60 days prior to the expiration of the criminal history records check clearance or current driver’s license, as applicable, by submission of the requirements enumerated in (b) above.

(i) A criminal history records check clearance for PEPP candidates shall be valid for the period established in RSA 189:13-c, II(c).

(j) PEPP candidates shall reapply for a new clearance no less than 60 days prior to the expiration of their criminal history records check clearance, if required for a period beyond that established in RSA 189:13-c, II(c), by submission of the requirements enumerated in (b) above.

History

#13167, INTERIM, eff 2-16-21, EXPIRED: 8-15-21
#13303, eff 12-10-21; ss by #13374, INTERIM, eff 4-26-22, EXPIRED: 10-23-22
#13562, eff 2-22-23; ss by #13960, eff 5-10-24; ss by #14575, eff 5-13-26, EXPIRES: 5-13-36

Part Ed 505 How to Obtain a New Hampshire Educator License

N.H. Code Admin. R. Ann. Ed 514.01 Credential Standards for Educational Personnel {#sec-ed-514.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 514.01}

Ed 505.01

N.H. Code Admin. R. Ann. Ed 505.06 Credential Standards for Educational Personnel {#sec-ed-505.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.06}

& Ed 505.07 Ed 505.02 & Ed 505.03

N.H. Code Admin. R. Ann. Ed 505.01 Credential Standards for Educational Personnel {#sec-ed-505.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.01}

& Ed 505.02 Ed 505.04

N.H. Code Admin. R. Ann. Ed 505.04 Credential Standards for Educational Personnel {#sec-ed-505.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.04}

Ed 505.05

N.H. Code Admin. R. Ann. Ed 505.03 Credential Standards for Educational Personnel {#sec-ed-505.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.03}

Ed 505.06

N.H. Code Admin. R. Ann. Ed 505.06 Credential Standards for Educational Personnel {#sec-ed-505.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.06}

Ed 505.06

N.H. Code Admin. R. Ann. Ed 508.01 Credential Standards for Educational Personnel {#sec-ed-508.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.01}

Ed 505.07

N.H. Code Admin. R. Ann. Ed 508.06 Credential Standards for Educational Personnel {#sec-ed-508.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.06}

Ed 505.08

N.H. Code Admin. R. Ann. Ed 508.02 Credential Standards for Educational Personnel {#sec-ed-508.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.02}

-Ed 508.05 Ed 505.09

Document #13101 replaced all prior filings for rules in the former Part Ed 505 as well as rules Ed 508.01 through Ed 508.06 and Ed 514.01. The prior filings for rules in the former Part Ed 505 included the following documents:

#2055, eff 6-16-82

#2714, eff 5-16-84

#4851, eff 6-25-90, EXPIRED 6-25-96

#6349, eff 10-5-96, EXPIRED 10-5-04

#7923, eff 7-24-03, EXPIRED 7-24-11 for Ed 505.02

#8194, eff 10-26-04

#8667, eff 7-1-06

#8843, eff 3-16-07

#9992, eff 9-16-11, EXPIRED 9-16-19

#10046, eff 12-17-11

#10927, eff 9-10-15

#12813, eff 6-15-19

#12897, INTERIM, eff 10-11-19, EXPIRED 4-8-20

#13022, EMERGENCY, eff 4-9-20

The prior filings for the former rules Ed 508.01 through Ed 508.06 included the following documents:

#2055, eff 6-16-82

#2714, eff 5-16-84

#4256, eff 4-15-87

#4525, eff 11-2-88

#4851, eff 6-25-90

#5669, eff 7-19-93

#6349, eff 10-5-96, EXPIRED 10-5-04

#6822, eff 9-1-98

#7923, eff 7-24-03

#8023, eff 7-1-04

#8229, eff 12-17-04

#8264, eff 1-22-05

#8661, EMERGENCY, eff 6-14-06

#8667, eff 7-1-06

#8698, REPEAL OF EMERGENCY RULE, eff 8-3-06

#8700, INTERIM, eff 8-3-06

#8770, eff 12-9-06

#10362, eff 6-15-13

#12418, eff 11-14-17

The prior filings for the former rule Ed 514.01 included the following documents:

#6823, eff 9-1-98

#7046, eff 7-1-99

#7923, eff 7-24-03, EXPIRED: 7-24-11

#9992, eff 9-16-11

#10667, eff 9-11-14

#12602, eff 8-9-18; renumbered by #12661 (See Revision Note at part heading for Ed 512)

N.H. Code Admin. R. Ann. Ed 505.01 Basic Academic Skills and Subject Area Assessment {#sec-ed-505.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.01}

(a) Except as described in paragraph (g), each candidate seeking an initial teacher or instructional specialist license under one of the pathways listed below shall pass a basic academic skills assessment, including, but not limited to, the praxis core academic skills for educators administered by Educational Testing Service (ETS) or comparable out of state test as determined by the bureau.

(b) Each candidate seeking licensure in any endorsement area for which the board has adopted a subject assessment test cut score shall pass that subject assessment test, or comparable out of state test as determined by the bureau, to measure the test taker’s knowledge of the specific subject area of a concentration in which the test taker seeks an educator license.

(1) Adopt the national cut scores for the praxis core academic skills for educators and all subject assessments in accordance with (a) and (b); or

(2) Request that the department conduct a validation study for any subject assessment for reasons including, but not limited to:

a. There is no established national cut score for a given subject area; and

b. To determine, through stakeholder engagement, that the national score accurately reflects NH goals.

(d) Validation studies shall include input from:

(1) The department;

(2) Teacher education institutions; and

(3) New Hampshire teachers with experience as an educator in the test areas.

(e) The entities described in (d)(1)-(3) above shall provide input and recommendations regarding:

(1) Test specifications appropriate for New Hampshire;

(2) Which assessments are appropriate for New Hampshire; and

(3) Passing scores on tests for New Hampshire.

(f) The board shall accept, in lieu of (a) above, performance at or above the 50th percentile on a nationally-recognized basic academic skills test in the areas of reading, writing, and mathematics, including, but not limited to:

(1) The Scholastic Aptitude Test (SAT) administered by the College Board;

(2) The Graduate Record Examinations (GRE) administered by ETS; and

(3) The ACT administered by ACT.

(g) A candidate for a career and technical education (CTE) specialty area license may substitute the following in lieu of a nationally recognized test of academic proficiency required by (a):

(1) Three years of full-time experience in the area for which the license is sought; and

(2) Current industry-recognized credential approved by the department in a published list of accepted credentials appropriate to the CTE area in which a license is sought.

(h) Candidates shall be responsible for the actual cost of all assessments.

(i) A candidate may take a basic academic skills assessment or the subject area assessment as often as they are administered until the candidate passes the assessment.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 505.02 General Education Requirements {#sec-ed-505.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.02}

Each applicant who seeks licensure under Ed 505.05 shall have completed a program providing the following core competencies:

(a) Content competencies in the following areas necessary for college and workforce success:

(1) Language arts;

(2) Reasoning;

(3) Information literacy;

(4) Mathematics;

(5) Sciences; and

(6) Social sciences;

(b) Creative competencies in the following areas:

(1) Creative expression;

(2) Critical thinking;

(3) Innovative and collaborative problem-solving; and

(4) Resourcefulness;

(1) Languages;

(2) Digital media;

(3) Networking; and

(4) Content creation technologies; and

(d) Cultural competencies in the following areas:

(1) Cultural understanding;

(2) Taking responsibility for self and others;

(3) Adaptability and resilience;

(4) Ability to engage in productive teamwork; and

(5) Social and civic engagement.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 505.03 Professional Education Requirements for Endorsements in Ed 506 and Ed 507 {#sec-ed-505.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.03}

Four domains of professional education requirements shall encompass the knowledge, skills, and abilities entry-level educators demonstrate prior to being eligible for an educator license with a teacher endorsement in New Hampshire as outlined in Ed 507, as follows:

(a) In the area of the learning environment, all educators shall be prepared to establish and maintain safe, effective, organized, and respectful environments for student learning as follows:

(1) Building respectful relationships with students;

(2) Implementing clear classroom routines, standards, and procedures that foster positive student-to-student and student-to-teacher interactions;

(3) Maintaining high expectations for learning with appropriate support for the full range of students in the classroom;

(4) Promoting students’ critical and creative thinking, problem solving, and analysis;

(5) Creating learning environments that promote productive student learning, reflect diversity and multiple perspectives, and are culturally responsive; and

(6) Using digital tools and learning technologies, as appropriate, to engage and support students in learning;

(b) In the area of student learning, be prepared to engage and support all students in learning by:

(1) Applying knowledge of students, including their prior experiences, interests, culture, language, social emotional learning needs, and socioeconomic backgrounds to involve them in learning;

(2) Monitoring student learning, adjusting, and differentiating instruction while teaching so students continue to be actively engaged in learning;

(3) Knowing how to access resources within the school and community to support students;

(4) Using strategies to promote active student engagement through inquiry, reflection, and responding to and framing meaningful questions;

(5) Using resources and technologies to ensure accessibility and relevance for all students;

(6) Developing appropriate sequencing of learning experiences and providing multiple means for students to demonstrate knowledge and skills;

(7) Engaging students in generating and evaluating new ideas to develop diverse perspectives, expand their understanding of local and global issues, and create novel approaches to solving problems; and

(8) Providing students with opportunities to apply new learning across time and settings;

(c) In the area of instructional practices and design, be prepared to implement and assess learning experiences for all students by:

(1) Locating and applying information about students’ current academic status, language proficiency status, and cultural background for both short-term and long-term instructional planning purposes;

(2) Integrating technology resources into instructional plans by creating, implementing, and managing digital learnings;

(3) Designing and implementing instruction and assessment that reflects the interconnectedness of academic content areas;

(4) Constructing single lessons and sequences of lessons, setting long- and short-term learning goals for students, and assessing and adjusting instruction during a lesson and at the conclusion of lessons;

(5) Facilitating developmentally appropriate and challenging learning experiences based on the unique needs of each learner;

(6) Supporting students’ equitable access to the curriculum by using resources, standards-aligned instructional materials, and evidence-based strategies;

(7) Selecting and designing formative and summative assessments of student learning;

(8) Providing students timely oral and written feedback regarding their learning;

(9) Collecting and analyzing assessment data from multiple measures and sources to plan and modify instruction and document students’ learning over time;

(10) Involving all students in self-assessment and reflection on their learning progress and providing students with skills to revise or reframe their work; and

(11) Using assessment information in a timely manner to assist stakeholders in understanding student progress; and

(d) In the area of professional responsibility, be prepared to develop as a professional educator by:

(1) Taking responsibility for student learning and classroom management;

(2) Engaging in reflective practices for the purpose of continual professional improvement;

(3) Designing learning goals based on appropriate data and engaging in activities which improve practice;

(4) Accessing resources for planning and instruction through collaboration with members of the learning community such as students, parents, families, colleagues, other professionals, and community service members; and

(5) Understanding and enacting professional roles and responsibilities as articulated in the code of conduct outlined in Ed 510.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; ss by #13655, eff 7-1-23

N.H. Code Admin. R. Ann. Ed 505.04 Professional Education Requirements for Educational Administrators {#sec-ed-505.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.04}

Ten domains of professional education requirements shall encompass the knowledge, skills, and abilities experienced educators demonstrate prior to being eligible for a license with an administrator endorsement in New Hampshire as outlined in Ed 506, as follows:

(a) Effective educational leaders shall develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student as follows:

(1) Develop an educational mission for the school to promote the academic success and well-being of each student;

(2) In collaboration with members of the school and the community and using relevant data, develop and promote a vision for the school on the successful learning and development of each child and on instructional and organizational practices that promote such success;

(3) Articulate, advocate, and cultivate core values that support the school’s culture and stress the imperative of child-centered education;

(4) Strategically develop, implement, and evaluate actions to achieve the vision for the school;

(5) Review the school’s mission and vision and adjust them to changing expectations and opportunities for the school, and changing needs and situations of students;

(6) Facilitate a shared understanding of and commitment to mission, vision, and core values within the school and the community; and

(7) Model and pursue the school’s mission, vision, and core values in all aspects of leadership;

(b) Effective educational leaders shall act ethically and according to professional norms to promote each student’s academic success and well-being as follows:

(1) Act ethically and professionally in personal conduct, relationships with others, decision making, stewardship of the school’s resources, and all aspects of school leadership;

(2) Act according to and promote the professional norms of integrity, fairness, transparency, trust, collaboration, perseverance, learning, and continuous improvement;

(3) Place children at the center of education and accept responsibility for each student’s academic success and well-being; and

(4) Model and promote ethical and professional behavior among faculty and staff;

(1) Ensure that each student is treated fairly and respectfully;

(2) Ensure that each student has equitable access to effective teachers, learning opportunities, academic and social support, and other resources necessary for success;

(3) Develop student policies and address student misconduct in a positive, fair, and unbiased manner; and

(4) Model a culture of tolerance and understanding in all aspects of leadership;

(d) Effective educational leaders shall develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being as follows:

(1) Implement coherent systems of curriculum, instruction, and assessment that promote the mission, vision, and core values of the school, embody high expectations for student learning, align with academic standards, and are culturally responsive;

(2) Align and focus systems of curriculum, instruction, and assessment within and across grade levels to promote student academic success, love of learning, the identities and habits of learners, and healthy sense of self;

(3) Promote instructional practice that is consistent with knowledge of child learning and development, effective pedagogy, and the needs of each student;

(4) Ensure instructional practice that is intellectually challenging, authentic to student experiences, recognizes student strengths, and is differentiated and personalized;

(5) Promote the effective use of technology in the service of teaching and learning;

(6) Employ valid assessments that are consistent with knowledge of child learning and development and technical standards of measurement; and

(7) Use assessment data appropriately and within technical limitations to monitor student progress and improve instruction;

(e) Effective educational leaders shall cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student as follows:

(1) Build and maintain a safe, caring, and healthy school environment that meets the academic, social, emotional, and physical needs of each student;

(2) Create and sustain a school environment in which each student is encouraged to be an active and responsible member of the school community;

(3) Provide coherent systems of academic and social supports, services, extracurricular activities, and accommodations to meet the range of learning needs of each student;

(4) Promote adult-student, student-peer, and school-community relationships that value and support academic learning and positive social and emotional development; and

(5) Cultivate and reinforce student engagement in school and positive student conduct;

(f) Effective educational leaders shall develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being as follows:

(1) Recruit, hire, support, develop, and retain effective and caring teachers and other professional staff and form them into an educationally effective faculty;

(2) Plan for and manage staff turnover and succession, providing opportunities for effective induction and mentoring of new personnel;

(3) Develop teachers’ and staff members’ professional knowledge, skills, and practice through differentiated opportunities for learning and growth, guided by understanding of professional and adult learning and development;

(4) Foster continuous improvement of individual and collective instructional capacity to achieve outcomes envisioned for each student;

(5) Deliver actionable feedback about instruction and other professional practice through valid, research-anchored systems of supervision and evaluation to support the development of teachers’ and staff members’ knowledge, skills, and practice;

(6) Empower and motivate teachers and staff to the highest levels of professional practice and to continuous learning and improvement;

(7) Develop the capacity, opportunities, and support for teacher leadership and leadership from other members of the school community;

(8) Promote the personal and professional health, well-being, and work-life balance of faculty and staff; and

(9) Tend to their own learning and effectiveness through reflection, study, and improvement, maintaining a healthy work-life balance;

(g) Effective educational leaders shall foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being as follows:

(1) Develop workplace conditions for teachers and other professional staff that promote effective professional development, practice, and student learning;

(2) Empower and entrust teachers and staff with collective responsibility for meeting the academic, social, emotional, and physical needs of each student, pursuant to the mission, vision, and core values of the school;

(3) Establish and sustain a professional culture of engagement and commitment to shared vision, goals, and objectives pertaining to the education of the whole child, including but not limited to:

a. High expectations for professional work;

b. Ethical practice;

c. Trust and open communication;

d. Collaboration;

e. Collective efficacy; and

f. Continuous individual and organizational learning and improvement;

(4) Promote mutual accountability among teachers and other professional staff for each student’s success and the effectiveness of the school as a whole;

(5) Develop and support open, productive, caring, and trusting working relationships among leaders, faculty, and staff to promote professional capacity and the improvement of practice;

(6) Design and implement job-embedded and other opportunities for professional learning collaboratively with faculty and staff;

(7) Provide opportunities for collaborative examination of practice, collegial feedback, and collective learning; and

(8) Encourage faculty-initiated improvement of programs and practices;

(h) Effective educational leaders shall engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being as follows:

(1) Create and model an approachable, accessible, and welcoming environment for families and members of the community;

(2) Create and sustain positive, collaborative, and productive relationships with families and the community for the benefit of students;

(3) Engage in regular and open two-way communication with families and the community about the school, students, needs, problems, and accomplishments;

(4) Maintain a presence in the community to understand its strengths and needs, develop productive relationships, and engage its resources for the school;

(5) Create means for the school community to partner with families to support student learning in and out of school;

(6) Understand, value, and employ the community’s cultural, social, intellectual, and political resources to promote student learning and school improvement;

(7) Develop and offer the school as a resource for families and the community; and

(8) Build and sustain productive partnerships with public and private sectors to promote school improvement and student learning;

(i) Effective educational leaders shall manage school operations and resources to promote each student’s academic success and well-being as follows:

(1) Institute and manage administrative systems that promote the mission and vision of the school;

(2) Strategically manage staff and all other resources to meet each student’s learning needs;

(3) Frugally and effectively manage all financial resources;

(4) Develop and maintain effective internal and external systems of communication;

(5) Know, comply with, and help the school community understand local, state, and federal laws, rights, policies, and regulations so as to promote student success;

(6) Develop and manage relationships with feeder and connecting schools for enrollment management and curricular and instructional articulation;

(7) Develop and manage productive relationships with the central office and school board; and

(8) Develop and administer systems for fair and effective management of conflict among students, faculty and staff, leaders, families, and community; and

(j) Effective educational leaders shall act as agents of continuous improvement to promote each student’s academic success and well-being as follows:

(1) Seek to make school more effective for each student, teacher and staff, family, and the community;

(2) Use methods of continuous improvement to achieve the vision, fulfill the mission, and promote the core values of the school and district;

(3) Establish an evidence-based system of strategic goal setting, planning, implementation, and evaluation for continuous district, school and classroom improvement;

(4) Assess and develop the capacity of staff to use evidence-based methods for school and district improvement;

(5) Develop technically appropriate systems of data collection, management, and analysis; and

(6) Develop and promote leadership among teachers and staff for inquiry, experimentation and innovation, and initiating and implementing improvement.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; ss by #13655, eff 7-1-23

N.H. Code Admin. R. Ann. Ed 505.05 Approved Educator Preparation Program {#sec-ed-505.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.05}

(a) Individuals shall qualify for a beginning educator license or added endorsement to an existing license by completing a board-approved educator preparation program(s) at a college, university or teacher training institution in New Hampshire in accordance with Ed 600 and meeting the requirements of Ed 505.01.

(b) Upon completion of a New Hampshire board-approved program in accordance with Ed 600, the applicant shall be recommended for licensure by the program to the department and such recommendation shall remain valid for no more than 3 years from the date of the recommendation by the institution.

(c) Individuals completing a state-approved educator preparation program(s) at a college, university, or teacher training institution in a state other than New Hampshire, whether that state is signatory to the NASDTEC interstate contract or not, shall qualify for a beginning educator license or added endorsement on an existing license by:

(1) Completing a state-approved educator preparation program leading to recommendation by the institution for an educator license in that state; and

(2) Meeting the requirements of Ed 505.01; and either:

a. Obtaining full licensure in that state in a comparable endorsement area as the endorsement area sought providing that such endorsement has not been expired for more than 3 years from the date of application; or

b. Applying for a comparable New Hampshire state board license and endorsement within 3 years of the date of recommendation from the institution.

(d) Applicants seeking to obtain licensure under this paragraph shall apply to the department pursuant to Ed 505.07 through Ed 505.09.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; renumbered by #13655 (formerly Ed 505.04)

N.H. Code Admin. R. Ann. Ed 505.06 Statement of Eligibility (SOE) and Site-Based Licensing Plan (SBLP) {#sec-ed-505.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.06}

(a) Before beginning an application for an SBLP, a candidate shall obtain an SOE, valid for 3 years from the date of issuance, from the department by meeting the SOE requirements enumerated in the endorsement rule under Ed 506 through Ed 508 pertaining to any endorsements on the critical shortage list as determined each year by the bureau in accordance with RSA 189:39-a and listed on the department’s website.

(b) Applicants for an endorsement in the career and technical specialties shall meet the requirements enumerated in Ed 507.03(a).

(c) Applicants for a newly established endorsement, for a period of 5 years from the effective date of the newly established endorsement rule, shall meet the SOE requirements enumerated in the newly established endorsement rule. After the endorsement has been in effect for 5 years a candidate shall utilize one of the other methods enumerated for issuance of an SOE.

(d) With the exception of the endorsements in (e) and (f) below, applicants for an endorsement as a teacher, instructional specialist, educational specialist, or educational administrator shall have:

(1) Successfully completed at least 15 college credits in the endorsement area for which they seek a license; or

(2) Obtain a score equal to or above the national cut score on a nationally recognized subject-area assessment related to the endorsement being sought.

(e) Applicants for elementary K-6 education and early childhood education shall have successfully completed at least 2 college-level content courses each in mathematics, English, social studies, and science.

(f) Applicants for elementary K-8 education shall have successfully completed at least 2 college-level content courses each in mathematics, English, social studies, and science and at least 3 additional college-level content courses for a concentration of coursework in one of those areas.

(g) SOE credential holders shall be employed in a New Hampshire school in the role of the endorsement that allows them to learn and demonstrate the professional education standards enumerated in Ed 505.03 and Ed 505.04, if applicable, and the endorsement requirements enumerated in Ed 506 through Ed 508.

(h) Upon employment as an educator, the applicant and the senior educational official shall adhere to the application procedures and timeline outlined in Ed 505.08, Ed 505.09, and Ed 505.10(f).

(i) Upon employment as an educator under an SOE, each candidate for this pathway to licensure shall be assigned a mentor, appointed by the senior educational official, who holds a valid experienced educator license with appropriate endorsements in the same subject area in which the candidate is seeking to obtain a license. If a mentor who meets those criteria is not available through the candidate’s employer, the senior educational official shall contact the bureau for assistance in obtaining an appropriate mentor.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; ss by #13655, eff 7-1-23 (formerly Ed 505.05)

N.H. Code Admin. R. Ann. Ed 505.07 Demonstrated Competencies {#sec-ed-505.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.07}

(a) In addition to the requirements in Ed 505.06(e), applicants for demonstrated competencies through portfolio and oral board reviews shall qualify for a beginning educator license or added endorsement on an existing license by documenting at least 4 months of continuous full-time or full-time equivalent experience as an educator in the endorsement area;.

(b) In addition to the requirements in Ed 505.06(e), applicants for demonstrated competencies through national or regional licensure shall qualify for a beginning educator license or added endorsement on an existing license by meeting one of the following requirements:

(1) Current national board certification in the area of endorsement from the National Board for Professional Teaching Standards;

(2) A current national license in school psychology (NCSP) by the National Association of School Psychologists for an endorsement in school psychology; or

(3) A current US Department of Defense educator license;.

(c) In addition to the requirements in Ed 505.06(e), applicants for an administrator endorsement, as defined in Ed 501.02(a), through demonstrated competencies through transcript analysis shall qualify for a beginning educator license or added endorsement on an existing license by meeting endorsement-specific knowledge and skills competencies as determined by transcript analysis; or.

(d) In addition to the requirements in Ed 505.06(e), applicants for demonstrated competencies based on experience under an out-of-state endorsement on a full license shall qualify for a beginning educator license or added endorsement on an existing license by:

(1) Having held a comparable license from a state other than New Hampshire within the last 7 years, verified by the department; and

(2) Having 3 years of educator experience in the last 7 years working in the endorsement area being sought while licensed in that endorsement area, verified by the department.

(e) In addition to the requirements of the chosen pathway in (a) through (d) above, every applicant for a demonstrated competency pathway shall meet all of the following requirements:

(1) Holding the minimum degree required for the endorsement sought;

(2) Meeting any endorsement-specific requirements outlined in Ed 506 through Ed 508;

(3) Meeting the requirements of Ed 505.01 through Ed 505.03, as applicable; and

(4) Applying for a demonstrated competency pathway pursuant to the application procedures outlined in Ed 505.07 through Ed 505.09.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; renumbered by #13655 (formerly Ed 505.06)

N.H. Code Admin. R. Ann. Ed 505.08 General Application Instructions {#sec-ed-505.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.08}

(a) Persons interested in holding a New Hampshire educator credential shall complete and submit an application with the bureau as follows:

(1) By creating an account on the myNHDOE Educator Information System (EIS) at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx; or

(2) By mail to the following address:

Bureau of Credentialing

Department of Education

25 Hall Street Concord, NH 03301.

(b) Filing of the completed application, supporting documentation, and application fee(s) shall be the responsibility of the applicant.

(c) The applicant’s social security number shall be used by the department for the purposes of generating data on teacher salaries or such other purposes as authorized by law, including but not limited to RSA 161-B:11,VI-a.

(d) The applicant shall provide a social security number and agrees that the social security number shall be used to search the “National Association of State Directors for Teacher Education and Certification (NASDTEC) Clearinghouse” for action taken against the applicant’s license by other member states or jurisdictions. If any action is found in the NASDTEC Clearinghouse database, the application shall be referred to the governance unit for review, pursuant to Ed 511 and Ed 512.

(e) All individuals who have not previously held a New Hampshire state board-issued credential shall be considered first time applicants.

(f) First time applicants shall include the following documentation with their completed application to the department:

(1) A copy of a valid government-issued identification (ID) including, but not limited to:

a. A driver’s license;

b. A state-issued photo ID;

c. A passport; or

d. A military ID;

(2) One of the following applications:

a. For applicants seeking an initial license that is not obtained through a qualified pathway, DOE-BOC 1, “Initial Application-School Nurse, Paraeducator, Educational Interpreter/Transliterator for Youth and Children Ages 3-21 Inclusive,” October 2025, and the following:

For school nurse I applications, the additional documentation outlined in Ed 504.08;
For school nurse III applications, the additional documentation outlined in Ed 504.10;
For paraeducator I applications, the additional documentation outlined in Ed 504.07;
For paraeducator II applications, the additional documentation outlined in Ed 504.06; or
For educational interpreter and transliterator for children and youth ages 3-21 inclusive, evidence the requirements in Ed 504.11 have been met; or

b. For applicants seeking licensure through one of the qualified pathways, DOE-BOC 2 “Application for Licensure Pathway and Applicable Credential,” October 2025, and the requirements applicable to the chosen pathway as follows:

For the approved educator preparation program (AEPP), requirements as outlined in Ed 505.05;
For a statement of eligibility (SOE) and site-based licensing plan (SBLP), the requirements as outlined in Ed 505.06; or
For the demonstrated competencies pathway, the requirements outlined in Ed 505.07; and

(3) DOE-BOC 4 “Criminal History Record Check Clearance- First Time Licenses Only” form, October 2025, and the requirements pursuant to Ed 504.12, with a signature attesting they:

a. Agree to the provisions of (c) and (d) above;

b. Agree to a central registry check as outlined in RSA 169-C:35, I-II and RSA 169-C:35, VIII; and

c. Agree to waive the time limits prescribed by RSA 541-A:29 and acknowledge that the application will not be approved or granted prior to the agency’s actual receipt and review of the applicant’s criminal history record check clearance.

(g) Applicants renewing their license or credential shall complete and submit DOE-BOC 3 “NHEd Renewal and Upgrade Request Application,” October 2025, and the following:

(1) For school nurses, documentation of the applicable renewal requirements as outlined in Ed 504.08-504.10;

(2) For paraeducators and educational interpreters and transliterators for children and youth ages 3-21 inclusive, proof of completed professional development pursuant to Ed 509.01 or Ed 509.02 and Ed 513.06; or

(3) For individuals holding a BEL or EEL, proof of completed professional development pursuant to Ed 509 and Ed 513.03.

(h) Applicants seeking to upgrade a BEL to an EEL shall meet the requirements of Ed 504.02 and submit DOE-BOC 3 “NHEd Renewal and Upgrade Request Application,” October 2025.

(i) Applicants seeking an additional endorsement to their existing educator license shall use DOE-BOC 2 “Application for Licensure Pathway and Applicable Credential,” October 2025, and follow the procedures outlined in (f)(2)b. above.

(j) All applicants for any credential or endorsement issued by the state board shall acknowledge the following statements:

(1) “By checking this box, I certify that I have read the Educator Code of Ethics.

https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/code_ethics.pdf;

(2) By checking this box, I certify that I have read the Educator Code of Conduct.

https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/code_conduct.pdf;

(3) I understand that if I am issued a New Hampshire credential, I will be required to adhere to the Educator Code of Conduct, Ed 510. A founded violation of any of the principles of the Educator Code of Conduct may result in a written reprimand, suspension, or revocation of my educator credential; and

(4) I understand that pursuant to Ed 510.05, I have a duty to report any suspected violation of the code of conduct. Failure to report a suspected violation of the educator code of conduct may result in a written reprimand, suspension, or revocation of my educator credential”.

(k) In completing and signing any application for a credential or endorsement issued by the state board, whether written or electronically, all applicants shall be truthful and uphold the provisions of RSA 189:14-g and RSA 641:3.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; amd by #13167, INTERIM, eff 2-16-21, EXPIRED: 8-15-21 in (c) intro. and Table 505-1 criminal history record check clearance (5 year cycle) fee; ss by #13303, eff 12-10-21; ss by #13374, INTERIM, eff 4-26-22, EXPIRED: 10-23-22
#13562, eff 2-22-23; ss by #13961, EXRF, eff 5-10-24; ss by #14425, eff 11-14-25, EXPIRES: 11-14-35

N.H. Code Admin. R. Ann. Ed 505.09 Fees {#sec-ed-505.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.09}

(a) An application shall not be complete until all application materials, including the proper fee, have been filed with the bureau.

(b) Payments shall be made:

(1) Electronically at the time of application on the Educator Information System (EIS); or

(2) By cash, money order, cashier’s check, or school employer check on behalf of applicants, made payable to "Treasurer, State of New Hampshire," to the bureau as outlined in Ed 505.08(a).

(c) The required educator fees shall be in accordance with RSA 186:11, X(b) and the fee schedule set forth in Table 505-1 below, with the following fees reflecting the actual cost of the service listed:

Table 505-1 Fee Schedule

All fees are non-refundable and include processing fee.

Issuance of initial New Hampshire credential

Beginning Educator License (BEL), Experienced Educator License (EEL) (must include one licensure area endorsement) by all licensure pathways

$150.00

To add another endorsement to BEL or EEL

$150.00

New Hampshire Approved Educator Preparation Program completer, per endorsement

$150.00

Master Teacher license

$150.00

School Nurse I or III

$150.00

Paraeducator I

$10.00

Paraeducator II

$10.00

Educational Interpreter and Transliterator

$25.00

Additional fees associated with specific licensing pathways (per endorsement):

Site Based Licensing Plan (SBLP)

· Statement of Eligibility

Intern Authorization

$120.00

$500.00

Demonstrated Competencies Portfolio/Oral Board (DCPOB)

· Portfolio Materials

Portfolio Review/Oral Board

$120.00

$500.00

Demonstrated Competencies Transcript Analysis (DCTA)

for Administrator endorsements only

$500.00

Master Teacher Portfolio Review

$800.00

License renewal fees (3-year cycle)

BEL/EEL/Master Teacher License Renewal

$150.00

School Nurse I, II, III Renewal

$150.00

Educational Interpreter and Transliterator Renewal

$25.00

Paraeducator I and II Renewal

$10.00

Other Bureau Fees

Lapsed License Reinstatement Fee, BEL/EEL/Master Teacher only

$100.00

Criminal History Record Check Clearance

$100.00

3rd and subsequent Name Changes

$50.00

Credential Verification Letter

$50.00

Returned check fee (RSA 6:11-a)

$15.00 (State Treasurer’s fee)

$25.00 (Bureau of Credentialing fee)

(d) For the specific licensing pathways enumerated in Table 505-1 above, the individual shall apply for the appropriate educator license and pay the applicable fee upon confirmation from the department that the pathway has been successfully completed.

(e) An individual with endorsements in multiple areas may renew one or more of the held endorsements and pay one license renewal fee. If an individual chooses to later renew other held endorsements that have or have not expired, those endorsements shall be subject to a separate license renewal fee at the time of renewal.

(f) If an individual seeks renewal for an expired license or endorsements, the individual shall be responsible for the lapsed license renewal reinstatement fee, in addition to the applicable renewal fees.

History

#13562, eff 2-22-23 (formerly Ed 505.08); ss by #14048, eff 8-15-24; ss by #14262, eff 7-1-25

N.H. Code Admin. R. Ann. Ed 505.10 Applicant, Employer, and Mentor Responsibilities for Timely Review and Processing by the Department {#sec-ed-505.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 505.10}

(a) Within 30 days of receipt of any application outlined in Ed 505.08(b), the department shall notify the applicant in writing that the application has been received and either:

(1) The application is complete and pending evaluation; or

(2) The application is incomplete, and enumerate the items that the applicant shall address in order for the application to be complete.

(b) An applicant shall respond to a notification of an incomplete application by submission of the requirements enumerated in accordance with (a)(2) above within 30 days of receipt of the notification, and the department shall respond within 10 business days in accordance with (a)(1) or (2) above.

(c) If, within 30 days of initial notification of an incomplete application pursuant to (a)(2) above, the department does not receive the enumerated items pursuant to (a)(2) above, the application shall be closed and the applicant shall begin a new application, to include all fees in accordance with the fee schedule outlined in Ed 505.09.

(d) For applications outlined in Ed 505.08(b)(1)-(13), Ed 505.08(b)(17), and Ed 505.08(b)(18) as applicable, within 60 days of the department’s notification of receipt of a complete application in accordance with (a) and (b) above, the department shall send notification of:

(1) Approval in the form of the digital credential for which the applicant applied;

(2) Denial in writing that outlines the specific reasons for denial, including, but not limited to:

a. A department-confirmed violation of the code of conduct outlined in Ed 510.01 through Ed 510.04; and

b. A determination that the applicant does not meet the requirements for the specified credential;

(e) For applications pursuant to Ed 505.08(b)(14), portfolio and oral board reviews, the following shall apply:

(1) The applications for portfolio and oral board review shall be open between October 1 and March 30 of every school year calendar;

(2) Complete applications for oral board review shall include all of the following:

a. Completed and filed DOE-BOC 14 “Application for Portfolio and Oral Board Review” form, February 2023;

b. Completed and filed portfolio as outlined in (3)a. below;

c. Payment of all fees in accordance with the fee schedule outlined in Ed 505.09; and

d. Completed oral board review;

(3) Within 10 days of receipt of a completed application referenced in (2)a. above, the department shall determine that an individual:

a. Qualifies under this method, and shall notify the applicant in writing by providing the applicant with portfolio submission instructions and requirements for oral board scheduling which shall include, but not be limited to:

Written materials;
Video recording;
Audio recording; and
Art portfolio; or

b. Does not qualify under this method, and shall notify the individual in writing and:

Provide the reasons for the determination, including, but not limited to, the qualifying criteria outlined in Ed 505.07(a)(1) and (2), which shall include a written explanation stating why the materials the applicant has submitted are not acceptable; and
Recommend another appropriate application method if one is available;

(4) Within 30 days of receipt of portfolio submission instructions, the applicant shall submit all portfolio materials for review to the department along with the appropriate fee in accordance with the fee schedule outlined in Ed 505.09;

(5) Within 10 days of receipt of a portfolio submission and appropriate fee in accordance with the fee schedule outlined in Ed 505.09, the department shall notify the applicant in writing that either:

a. The portfolio is complete and pending oral board scheduling; or

b. The portfolio is incomplete, and enumerate the items that the portfolio must address in order for the portfolio to be complete;

(6) An applicant shall adhere to Ed 505.10(b) and (c) for completing a portfolio submission in accordance with Ed 505.10(e)(5)b. above;

(7) Upon determination by the department that the portfolio is complete, the department shall appoint a review board consisting of one member of the department and 3 persons who hold a current experienced educator license in the area of endorsement in which the applicant is seeking to obtain a license;

(8) If, within 30 days of determination of a complete portfolio, in an effort to complete a timely oral board review, the department is unable to establish a review board as outlined in (7) above, the department shall establish a review board consisting of department staff or licensed educators;

(9) The review board shall review the applicant’s application, including documentation that the applicant meets the required competencies in the area of endorsement and, at the oral board review, ask the applicant questions based upon the materials submitted;

(10) Within 30 days of completion of the oral board review, which shall constitute a complete application, the review board shall make a written recommendation to the department, based upon its evaluation of the quality of the applicant’s documentation of meeting the required competencies in the area of endorsement, after considering:

a. The materials submitted to provide the documentation; and

b. The applicant’s oral responses to the board’s questions regarding the documentation;

(11) Within 30 days of the conclusion and recommendation of the oral board interview, the department shall issue a decision in writing stating the reasons for the decision under (10) above along with, if applicable, a beginning educator license or additional endorsement; and

(12) An applicant may appeal a decision made by the department to deny an application for a credential under this part pursuant to Ed 200.

(f) For applications pursuant to Ed 505.08(b)(15) and Ed 505.08(b)(18) as applicable, the process for establishing a SBLP for an intern authorization credential resulting in full beginning educator licensure or additional endorsement shall be as follows:

(1) The SOE credential holder and assigned mentor pursuant to Ed 505.06(d) shall download and complete the required SBLP application materials as follows:

a. The forms demonstrating acquired competencies pursuant to Ed 505.03, Ed 505.04, and Ed 506 through Ed 508, as applicable, and how each competency was acquired; and

b. “Intern Authorization Application” form, February 2023;

(2) The SBLP application materials shall be developed collaboratively and agreed to by the SOE credential holder, the mentor, and the senior educational official;

(3) Within 60 days of the SOE credential holder’s first day of employment pursuant to Ed 505.06(c), the senior educational official shall upload the completed, approved, and signed SBLP into the department’s EIS;

(4) Within 180 days of the first day of employment pursuant to Ed 505.06(c), the SOE credential holder shall be credentialed under an intern authorization following the procedures outlined in (5) through (23) below;

(5) Within 5 business days of the upload specified in (3) above, the candidate shall complete and file the form referenced in (f)(1) above, along with the appropriate fee pursuant to Ed 505.09;

(6) The department shall review the plan to ensure all of the following are included:

a. An assessment of the competencies of the applicant as enumerated in Ed 505.03 and Ed 505.04, if applicable, and the endorsement area enumerated in Ed 506, Ed 507, or Ed 508 as applicable, based on the endorsement sought;

b. A plan that includes the competency to be acquired, the projected completion date, and the evidence to be provided upon completion which is directly related to, and substantiates meeting, the competency within the period of the plan;

c. Activities that will be undertaken to acquire the competencies in b. above, which shall include, but not be limited to:

Additional coursework;
On the job training; and
Professional development; and

d. A signature page which certifies that the plan was developed collaboratively and agreed to by the applicant, the mentor, and the senior educational official;

(7) Within 30 days of receipt of the form referenced in (f)(1) above, the department shall notify the applicant that either:

a. The plan is complete and pending evaluation; or

b. The plan is incomplete, and enumerate the items that the applicant must address in order for the application to be complete;

(8) An applicant shall respond to a notification of an incomplete application by submission of the requirements enumerated in accordance with (7)b. above within 15 days of receipt of the notification and the department shall respond within 10 business days in accordance with (7)a. or b. above;

(9) If, within 30 days of receipt of an initial notification of an incomplete application pursuant to (7)b. above, the department does not receive the enumerated items pursuant to (7)b. above, the application shall be closed and the applicant shall start over with a new application, to include all fees in accordance with the fee schedule outlined in Ed 505.09;

(10) Within 30 days of receipt of a complete application, the department shall send written notification to the senior educational official and the applicant of either:

a. Approval in the form of an intern authorization in the endorsement area for which the applicant applied, if the department determines that:

The assessment of the competencies of the applicant meet the requirements as enumerated in Ed 505.03 and Ed 505.04, and the endorsement area enumerated in Ed 506, Ed 507, or Ed 508 as applicable based on the endorsement sought;
The plan, including the competency to be acquired, the activity to be undertaken, the projected completion date, and the evidence to be provided upon completion, are directly related to and will substantiate meeting the competency within the period of the plan; and
The plan was developed collaboratively and agreed to by the applicant, the mentor, and the senior educational official; or

b. Denial after a determination that the plan does not meet the requirements outlined in Ed 505.10(f)(9)a. 1. through 3. above;

(11) A SOE credential holder in receipt of a denial pursuant to (10)b. above may reapply for an intern authorization, to include the fee in accordance with the fee schedule outlined in Ed 505.09, under the following circumstances:

a. The 180-day time period in (4) above has not lapsed and will not lapse during the new application period; and

b. The SOE credential holder shall not apply for an intern authorization more than twice per endorsement;

(12) Upon approval of the plan, the department shall grant an intern authorization, valid for up to 3 years from the first date of employment in the endorsement area sought, to coincide with the time period in the plan, limited to no more than twice per endorsement;

(13) An SBLP shall be canceled, and the intern authorization shall automatically expire, if the applicant fails to attain the skills and knowledge agreed to by the applicant within the time frame specified by the plan;

(14) The department, at the request of the senior educational official, shall grant an extension to the intern authorization period of not more than one year to accommodate an issue outside of the applicant’s control which prevents timely completion of the plan including, but not limited to:

a. Illness of the applicant or immediate member of the applicant’s family; or

b. Availability of a required course within the timeframe of the plan where no comparable course is available;

(15) The senior educational official, in consultation with the mentor, shall file a report at the end of each school year attesting to the applicant's progress toward meeting the requirements of the plan;

(16) Once a completed plan is filed with the department, the applicant may:

a. Obtain employment in a similar position with another school employer provided that:

The duration for plan completion does not change;
The department is notified in writing of the change in place of employment; and
The plan is revised as follows:

(i) Approved by the mentor assigned in the new school of employment;

(ii) Approved by the senior educational official in the new school of employment; and

(iii) Resubmitted to the department for approval pursuant to the timeline outlined in Ed 505.10(f)(6)-(10); or

b. Have an intern authorization deactivated upon loss of employment until such time as the educator gains employment with another employer as described in (15)a. above so long as the total duration of time employed under an active plan shall not exceed 3 years;

(17) Within 5 business days of the upload specified in (16) above, the intern shall complete and file a “Site-Based Licensing Plan Completer Application” form, February 2023, along with the appropriate fee pursuant to Ed 505.09;

(18) The senior educational official shall complete and upload to the EIS a final report for department review attesting to the intern’s completion of the SBLP which shall include:

a. A copy of the plan, including:

The competency to be acquired;
The activity to be undertaken;
The projected completion date; and
The evidence to be provided upon completion;

b. The evidence of plan completion; and

c. A signature page which certifies that the completed plan was reviewed and approved by the applicant, the mentor, and the senior educational official;

(19) The department shall, within 30 days of receipt of the form referenced in (f)(17) above, notify the applicant that either:

a. The application is complete and pending evaluation; or

b. The application is incomplete, and enumerate the items that the applicant must address in order for the application to be complete;

(20) An applicant shall respond to a notification following the timeline established in (8) and (9) above;

(21) Within 60 days of the department’s receipt of the form referenced in (f)(17) above, the department shall send written notification to the senior educational official and the applicant of either:

a. Approval in the form of an intern authorization in the endorsement area for which the applicant applied if the department determines that the final report documents confirm that the intern has met all the competencies and requirements for full licensure; or

b. A determination that the completion documentation, the final report, or both, do not reflect the documentation required by the approved plan to indicate that the candidate has met all of the competencies and requirements for full licensure and outlines the documentation required to support completion of the plan;

(22) Upon receipt of notification that the department does not approve the application in accordance with (21)b. above, the senior educational official shall, within 10 business days, upload the required documentation to support completion of the plan or the intern authorization shall expire in accordance with Ed 505.10(f)(13); and

(23) Applicants shall receive a beginning educator license or added endorsement on an existing license after approval by the bureau pursuant to (21)a. above.

History

(See Revision Note at part heading for Ed 505) #13101, eff 10-5-20; amd by #13167, INTERIM, eff 2-16-21, EXPIRED: 8-15-21 in paragraph (d); ss by#13303, eff 12-10-21
#13562, eff 2-22-23 (formerly Ed 505.09)

Part Ed 506 Requirements and Certification for Educational Leadership and Administration

N.H. Code Admin. R. Ann. Ed 506.01 Superintendent {#sec-ed-506.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.01}

(a) To be considered for licensure as superintendent, an individual shall:

(1) Meet the requirements of Ed 505.03, Ed 505.04, and (b) below;

(2) Have completed at least 5 years of experience as an education administrator in a k-12 setting;

(3) Have completed one of the following:

a. A state-approved master’s level program in education administration or educational leadership from an institution accredited by a regional accrediting body approved by the U.S. Department of Education; or

b. A master’s program in education or related field and a state board of education-approved district-level administration mentorship program under a licensed superintendent; and

(4) Have applied for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

(b) To be eligible for licensure as superintendent, a candidate shall have the following skills, competencies, and knowledge:

(1) Promoting achievement and success of all students by:

a. Monitoring and continuously improving teaching and learning; and

b. Establishing a strong professional culture of growth, openness and collaboration wherein educators engage in analyzing student data and planning program improvements that result in closing achievement gaps;

(2) As relating to district management, the candidate shall understand and demonstrate knowledge of, or competency in, promoting the success of all students by ensuring effective management of the organizational systems, finances, operations, and resources for a safe, efficient, high performing and positive learning environment, including, but not limited to:

a. Planning and maintaining physical plant safety and student access, and evaluating and revising processes to continuously improve operational systems;

b. Recruiting and retaining quality personnel, overseeing and directing labor relations, conflict resolution, collective bargaining, budget preparation and budget administration; and

c. Protecting the welfare and safety of students and staff by:

Proactively involving parents, teachers, community members, and students to ensure a safe environment; and
Addressing challenges to the physical and emotional safety and security of students and staff that interfere with teaching and learning; and

(3) As relating to district, school, and community, the candidate shall promote the success of all students by:

a. Collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources to improve teaching and learning; and

b. Using effective communication strategies to engage parents, staff, families, and community members to participate in achieving the mission, vision, and goals for teaching and learning.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4189, eff 12-12-86; ss by #4373, eff 2-24-88; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #8023, eff 7-1-04, EXPIRED: 7-1-12
#10247, eff 12-21-12; ss by 13655, eff 7-1-23; ss by #13655, eff 7-1-23

N.H. Code Admin. R. Ann. Ed 506.02 Assistant Superintendent {#sec-ed-506.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.02}

To be eligible for licensure as an assistant superintendent, an individual shall:

(a) Meet the requirements of Ed 505.03 and Ed 505.04;

(b) Have completed at least 3 years of experience as an education administrator, as described in Ed 506.03 through Ed 506.08, in a k-12 setting;

(1) A state-approved master’s level degree in education administration or educational leadership from an institution accredited by a regional accrediting body approved by the U.S. Department of Education; or

(2) A master’s level degree in education or related field and a state board of education-approved district-level administration mentorship program under a licensed superintendent; and

(d) Apply for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; rpld by #8023, eff 7-1-04; ss by #8843, eff 3-16-07; ss by #10247, eff 12-21-12; ss by 13655, eff 7-1-23; ss by #13655, eff 7-1-23

N.H. Code Admin. R. Ann. Ed 506.03 District Administrator {#sec-ed-506.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.03}

To be considered for licensure as a district administrator, an individual shall:

(a) Have at least 3 years’ experience as a licensed principal;

(b) Hold at least 30 graduate or post-baccalaureate level credits in educational administration or educational leadership or related field from an institution accredited by a regional accrediting body approved by the U.S. Department of Education;

(d) Apply for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

History

#2055, eff 6-16-82; ss by #2449, eff 8-l6-83; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #8023, eff 7-1-04, EXPIRED: 7-1-12; ss by #10276, eff 2-22-13; ss by #13655, eff 7-1-23 (formerly Ed 506.06)

N.H. Code Admin. R. Ann. Ed 506.04 Special Education Administrator {#sec-ed-506.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.04}

(a) To be eligible for licensure as a special education administrator, an individual shall:

(1) Meet the requirements of Ed 505.03, Ed 505.04, and (b) below;

(2) Have completed at least 5 years’ experience as a special educator or in a related field; and

(3) Have one of the following:

a. Completed a state-approved master’s level program leading to special education administrator licensure from an institution accredited by a regional accrediting body approved by the U.S. Department of Education; or

b. Completed a master’s program in education or a special education-related field and demonstrate the requirements outlined in (1) above;

(b) To be considered for licensure as a special education administrator, a candidate shall have skills, competencies and knowledge in the following areas:

(1) In the area of compliance with laws, regulations, rules, and school policies, the candidate shall have the ability to:

a. Make decisions which reflect a thorough knowledge of current federal laws, regulations, state laws and rules for students with educational disabilities;

b. Locate, use, and cite New Hampshire laws and rules pertaining to the operation of schools; and

c. Understand local school policy and its implications for students with educational disabilities;

(2) In the area of curriculum and instruction and assessment, the candidate shall have the ability to:

a. Understand and identify curriculum frameworks that meet state standards;

b. Understand and utilize evaluation tools that clearly identify student achievement;

c. Implement and develop appropriate instructional strategies to address individual learning profiles;

d. Incorporate current best practices in child development theory;

e. Implement a plan that supports the ongoing use of assistive technologies;

f. Implement and promote programming in the area of social emotional well-being;

g. Oversee the use of appropriate instructional practices to teach and provide transitional activities in the following areas:

Functional living;
Career and employment; and
Social, emotional, health and wellness;

h. Understand the principles of assessment of students with educational disabilities, evaluation tools and individual evaluation programs; and

i. Understand formative and summative assessment as relates to state and local expectations and requirements;

(3) In the area of building partnerships and community, the candidate shall be able to:

a. Identify key organizations and agencies and their functions in the community as they relate to the educational process;

b. Utilize a collaborative approach for involving all stakeholders in educational planning, budgeting, implementation, and evaluation;

c. Understand all relevant interagency agreements;

d. Establish and maintain quality partnerships with entities such as colleges, state service and social service agencies, and businesses with the goal of having these entities assist in providing effective educational programming; and

e. Respond to emerging and current issues impacting the school and community; and

(4) In the area of management of budgets and grants, the candidate shall have the ability to:

a. Understand how special education financial management and sources of revenue affect the overall financial planning of the district and the ability to collaborate with the superintendent, business administrator, and other relevant stakeholders as needed to provide services for students with educational disabilities and their families;

b. Develop a budget in accordance with local, state, and national laws in education, social and health agencies for the provision of services for students with educational disabilities and their families;

c. Coordinate the implementation of federal and state grant applications and manage appropriate IDEA grants and categorical funds;

d. Use such fiscal control and fund accounting procedures to ensure proper disbursement of, and accounting for, funds allocated for the provision of services for students with educational disabilities and their families; and

e. Identify and procure resources and supplementary funding, including funding from available state and federal funding sources, to support program development and the provision of services for students with educational disabilities and their families.

(c) For the purposes of (a)(2) above, “experience as a special educator” entails providing special education services to special education students and shall include but not be limited to the roles of general special education, school psychologist, blind and vision impairment, deaf and hard of hearing, specific learning disabilities, intellectual and developmental disabilities, physical and health disabilities, and emotional and behavioral disabilities.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #8023, eff 7-1-04; amd by #8335, eff 4-23-05; amd by #9993, eff 9-16-11; ss by #10245, eff 12-21-12; amd by #10951, eff 10-20-15; ss by #13655, eff 7-1-23 (formerly Ed 506.07)

N.H. Code Admin. R. Ann. Ed 506.05 Curriculum Administrator {#sec-ed-506.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.05}

(a) To be eligible for licensure as a curriculum administrator, a candidate shall:

(1) Meet the requirements outlined in Ed 505.03, Ed 505.04, and (b) below;

(2) Have at least 3 years’ experience as a teacher;

(3) Have one of the following:

a. Completed a state-approved master’s level program leading to curriculum administrator licensure from an institution accredited by a regional accrediting body approved by the U.S. Department of Education; or

b. Completed a master’s program in education or related field and demonstrate the requirements outlined in (1) above;

(4) Apply for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

(b) Candidates for licensure as a curriculum administrator shall have the following skills, competencies, and knowledge:

(1) In the area of leadership, the candidate shall be able to:

a. Collect and use data to identify goals for curriculum, instruction, and assessment at the school, school district, or administrative unit level;

b. Obtain, allocate, align, and effectively utilize fiscal and technological resources, including the development of grant and other funding proposals; and

c. Develop the instructional and assessment capacity of the staff and provide professional development, including coaching, demonstrating, planning, organizing, reflecting, and documenting;

(2) In the area of curriculum and instruction, the candidate shall:

a. Understand the culture of teaching and learning as required to work effectively with diverse faculty and administrative teams;

b. Understand K-12 learner development and learner differences;

c. Understand and support a variety of learning environments, including extended learning opportunities;

d. Understand school, school district, and administrative unit curricula;

e. Understand how to monitor alignment between the written and taught curriculum;

f. Understand effective curricular coordination and vertical articulation among all academic areas within the school, between schools, and with sending schools and post-secondary institutions, as applicable;

g. Understand applicable national standards, as well as current state and local academic standards;

h. Assist others with current research and research-based practices in curriculum and instruction;

i. Work with individual educators as well as grade level, disciplinary, and interdisciplinary teams to promote student learning; and

j. Supervise instruction and provide constructive feedback; and

(3) In the area of assessment, the candidate shall:

a. Understand how to revise curriculum and guide the improvement of instructional practice using a range of evidence such as:

Student work;
Classroom and local school or district assessments;
Standardized assessments;
Data from sending schools, receiving schools, and post-secondary institutions; and
Survey data from students and alumni;

b. Understand and convey a range of assessment strategies, including formative and summative assessment principles and practices, for use in classroom and school-wide assessment, including accreditation processes;

c. Understand assessment purposes and the design and appropriate uses of fair, ethical, and reliable assessments;

d. Be able to work with educators to align assessments with learning expectations, competencies, and applicable standards;

e. Be able to reach out to families and assist with the interpretation of assessment data;

f. Be able to collect, disaggregate, and analyze data from a variety of sources and respond to inequities in student achievement;

g. Be able to administer regional and national assessments and analyze and report on the results;

h. Be able to evaluate the effectiveness of curriculum implementation, instructional strategies, and assessment use in a school, school district, or administrative unit, and present evaluations to various audiences; and

i. Be able to evaluate the effectiveness of the curriculum revision processes and plan for continuous improvement.

History

#6349, eff 10-5-96; rpld by #7923, eff 7-24-03; ss by #8843, eff 3-16-07; ss by #10927, eff 9-10-15; ss by #13655, eff 7-1-23

N.H. Code Admin. R. Ann. Ed 506.06 Principal {#sec-ed-506.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.06}

(a) To be eligible for licensure as a principal, an individual shall:

(1) Meet the requirements of Ed 505.03, Ed 505.04, and (b) below;

(2) Have completed at least 3 years’ experience as a teacher, instructional specialist, educational specialist, or education administrator;

(3) Have one of the following:

a. Completed a state-approved master’s level program leading to school principal licensure from an institution accredited by a regional accrediting body approved by the U.S. Department of Education; or

b. Completed a master’s program in education or related field and demonstrated:

The competencies, skills, and knowledge as listed in (b) below; and
Meet the requirements as outlined in Ed 505.03 and Ed 505.04; and

(4) Apply for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

(b) To be eligible for licensure as a principal, a candidate shall have the following skills, competencies, and knowledge:

(1) In the area of educational leadership, the candidate shall have the ability to:

a. Facilitate the development, articulation, implementation, and stewardship of a vision of learning supported by the school community;

b. Listen, analyze and respond clearly and appropriately to issues related to the needs of the school community; and

c. Shape the educational plan and actions within the school reflecting the district's mission, planning, and assessment processes;

(2) In the area of the knowledge of school culture and instructional programs, the candidate shall have the ability to:

a. Establish clear goals, a vision and expectations for students, with assessment processes in place, promoting student growth and development;

b. Demonstrate knowledge of learning and motivational theories and has the ability to create and implement research-based strategies while providing support for educators;

c. Encourage educators to design, implement, evaluate or refine curriculum and has a functional knowledge of existing curriculum across disciplines;

d. Demonstrate knowledge of effective teaching practices, acknowledge current methods and practices, and demonstrate the ability to evaluate and improve the school's educational program; and

e. Understand the change process and recognize the levels of individual and institutional change;

(3) In the area of management of the organization, operation, and resources for a safe, efficient, effective, and positive learning environment, the candidate shall have the ability to:

a. Provide a safe school environment and plan and execute systematic emergency drills, training, and revisions as needed;

b. Recognize and communicate facility maintenance needs with appropriate personnel to resolve concerns;

c. Manage human resources responsibly, efficiently, and effectively in a collaborative manner while addressing staff needs;

d. Generate reports and maintain records in an efficient, timely and succinct manner while preserving confidentiality; and

e. Demonstrate knowledge of school cultures and gather feedback to develop and maintain a positive school climate; and

f. Demonstrate knowledge of following policies, laws, and regulations; and

(4) In the area of the knowledge of how to develop local district goals, the candidate shall:

a. Develop professional goals that align with building and district level goals; and

b. Collaboratively develop and implement building level goals.

History

#13655, eff 7-1-23 (formerly Ed 506.04)

N.H. Code Admin. R. Ann. Ed 506.07 Assistant Principal {#sec-ed-506.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.07}

(a) To be considered for an assistant principal as outlined in Ed 505.06, an individual shall:

(1) Meet the requirements of Ed 505.03 and Ed 505.04;

(2) Have completed at least 3 years’ experience as a teacher, educational specialist, instructional specialist or education administrator;

(3) Have one of the following:

b. Completed a master’s program in education or related field and demonstrate the requirements outlined in (1) above; and

(4) Apply for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

(b) A candidate licensed as an assistant principal shall meet the requirements of Ed 506.06 within 3 years of the issuance of the license. During this 3-year period, a candidate may remain employed as an assistant principal.

History

#7044, eff 7-1-99; amd by #7513, eff 7-1-01; paras (a), (b)(1)a.-c., (b)(2)-(7), and (c)-(e) EXPIRED: 7-1-07; ss by #9157, eff 7-1-08; ss by #11110, eff 5-27-16; ss by #13655, eff 7-1-23 (formerly Ed 606.08)

N.H. Code Admin. R. Ann. Ed 506.08 Career and Technical Education Principal {#sec-ed-506.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 506.08}

(a) To be eligible for licensure as a career and technical education principal, an individual shall:

(1) Meet the requirements of Ed 505.03, Ed 505.04, and (b) below;

(2) Have completed at least 5 years’ experience as a teacher, educational specialist, instructional specialist, or administrator;

(3) Have one of the following:

a. Completed a master’s program in educational leadership or a related area from an institution accredited by a regional accrediting body approved by the U.S. Department of Education; or

b. Completed a master’s program in education or related field and demonstrate the competencies outlined in (1) above; and

(4) Apply for licensure following the application procedures outlined in Ed 505.08 through Ed 505.10.

(b) To be eligible for licensure as a career and technical education principal, a candidate shall have the following skills, competencies, and knowledge:

(1) Preparation and management of local, state, and federal fund budgets in the area of CTE funding;

(2) Preparation of state and federal applications and proposals in the area of CTE funding;

(3) Management of career and technical programs, including:

a. Purchasing of equipment and supplies;

b. Supervising and maintaining laboratory facilities; and

c. Maintenance of records and inventory of all buildings, equipment, and supplies;

(4) Preparation and submittal of all state and federal reports as required by law;

(5) Solicitation of input from students, parents, school administrators at the secondary and post-secondary level, teachers at the secondary and post-secondary level, and the business community in the region served by a career and technical education center and consideration of that input in the development of:

a. Data collection;

b. School calendars;

c. Scheduling;

d. Transportation; and

e. Budgets;

(6) Leadership of career and technical education competency-based programs at a center designated as a regional center under RSA 188-E, including:

a. Regional agreements;

b. Program promotion and marketing;

c. Student recruitment and retainment;

d. Admissions policies;

e. Regional and program advisory committees; and

f. Career and technical student organizations;

(7) In-depth understanding of the relevancy between career and technical program offerings and the needs of business and industry on a regional and state-wide basis that includes:

a. An understanding of the up-to-date employment needs of business and industry with an ability to direct program outcomes to align with these needs;

b. An understanding of utilizing labor market data to direct program outcomes and consistent communication with business and industry to ensure relevance; and

c. Rigor in all career and technical education programs;

(8) Solicitation of input from students, parents, school administrators at the secondary and post-secondary level, teachers at the secondary and post-secondary level, and the business community in the region served by a career and technical education center and consideration of that input in the development and implementation of:

a. Competency-based curriculum;

b. State performance indicators relating to data-driven curriculum and student assessment;

c. Formulation of short- and long-range improvement plans;

d. Use of technology in support of all school operations; and

e. Providing customized professional development for teachers in the areas of businesses, industry, labor, and government as they relate to economic trends and programming at the center;

(9) Relationship of career and technical education to all other curricular areas, integrating these areas consistent with RSA 193-C:3, III and all aspects of industry into the career and technical program curriculum;

(10) Implementation of the federal, state, and local laws and policies relating to legal requirements for schools, contract management and safe environments and incorporating appropriate safety standards in all learning areas; and

(11) Participation in professional organizations relating to career and technical education and career and technical administration.

History

#10245, eff 12-21-12; amd by #10951, eff 10-20-15; ss by #13655, eff 7-1-23 (formerly Ed 506.09)

Part Ed 507 Requirements and Certification for Educational Personnel in Specific Areas

N.H. Code Admin. R. Ann. Ed 507.01 Credential Standards for Educational Personnel {#sec-ed-507.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.01}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.02 Career and Technical Education (CTE) Specialty Area Teacher {#sec-ed-507.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.02}

(a) In addition to meeting the requirements for specialty licensure under Ed 507.03, a teacher of career and technical education (CTE) shall have the qualifications listed in (c) below.

(b) Educators holding a CTE specialty endorsement shall be allowed to teach classes in a content area for which they hold a CTE endorsement in schools with or without a CTE center, and in feeder programs for that content area beginning in grade 5.

(1) Comprehension of:

a. The global economy, including:

The changing nature of the labor market;
Occupational analysis utilizing multiple data sources; and
Industry needs, locally, regionally, and nationally;

b. Relevance and rigor for CTE programs, including:

Program advisory committees;
Statutes and rules governing CTE;
Third party technical skill assessments;
Academic and CTE content standards;
CTE program competency knowledge; and
Safety regulations and laws;

c. Pedagogy, assessment, and student needs in CTE, including:

Research-based practices in CTE curriculum and instruction;
Lab-based lesson planning and assessment; and
Special education individualized education placement (IEP) and 504 plan accommodations and requirements specific to CTE environments;

d. Career pathways into the workplace, including:

State and national licensure requirements and options;
Employability and workplace skills; and
Workplace and labor laws; and

e. Career pathways into postsecondary education, state-licensed career schools, and registered apprenticeships, including:

Nationally recognized technical skills assessments with certifications;
Academic and technical expectations for postsecondary programs; and
Employability and workplace skills; and

(2) Ability to:

a. Work collaboratively with colleagues, the community, business and industry, and postsecondary programs to develop CTE programs that will prepare students for college and career readiness;

b. Integrate academic, industry, and technical content into a program that meets all necessary competencies and standards for local, state, and federal requirements;

c. Use data effectively to ensure continuous program improvement; and

d. Develop and sustain programs that prepare students for careers in that field.

History

#2055, eff 6-16-82; amd by #2066, eff 8-1-82; #2714, eff 5-16-84; amd by #2965, eff 1-23-85; ss by #4851, eff6-25-90; ss by #6083, eff 8-22-95; ss by #6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; amd by #9974, eff 8-12-11; ss by #10506, eff 1-17-14; ss by #14141, eff 8-15-24

N.H. Code Admin. R. Ann. Ed 507.03 Career and Technical Education (CTE) Specialty License {#sec-ed-507.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.03}

(a) An individual seeking licensure as a CTE teacher in a specialty area shall:

(1) Meet the professional education requirements listed in Ed 505.03; and

(2) Meet the skills, competencies, and knowledge qualifications for licensure as required in Ed 507.02(c).

(b) In addition to the requirements in (a) above, an individual shall meet one of the following entry-level requirements to be licensed as a CTE teacher in a specialty area:

(1) Have completed a bachelor’s degree or higher with a major or concentration related to the CTE field of the sought endorsements;

(2) Meet the following qualifications:

a. Have completed an associates degree related to the CTE field of the sought endorsement; and

b. Document a minimum of 2 years of successful full-time working experience in the related CTE field of the sought endorsement;

(3) Meet the following qualifications:

a. Have completed a state-approved certification program related to the CTE field of the sought endorsement; and

b. Document a minimum of 4 years of successful full-time working experience in the related CTE field of the sought endorsement; or

(4) Meet the following qualifications:

a. Have obtained a high school diploma; and

b. Document a minimum of 6 years of successful full-time working experience in the related CTE field of the sought endorsement.

(c) In addition to the requirements listed in (a) and (b) above, the individual shall hold the applicable state or national licensure, certification, or registration for the related CTE field of the sought endorsement.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04, EXPIRED: 12-17-12
by #10506, eff 1-17-14; ss by #14141, eff 8-15-24

N.H. Code Admin. R. Ann. Ed 507.04 Credential Standards for Educational Personnel {#sec-ed-507.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.04}

RESERVED

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; rpld by #7923, eff 7-24-03
#8229, eff 12-17-04; ss by #10246, eff 12-21-12; rpld by #13634, eff 5-12-23

N.H. Code Admin. R. Ann. Ed 507.05 Technology and Engineering Teacher {#sec-ed-507.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.05}

(a) To be certified as a technology and engineering teacher a candidate shall:

(1) Have at least a bachelor’s degree; and

(2) Qualify for certification under one of the alternatives in Ed 505.01 – Ed 505.05.

(b) A candidate for certification as a technology and engineering teacher shall have skills, competencies, and knowledge in the following areas:

(1) In the area of curriculum and instruction, the candidate shall have the ability to plan and implement units, projects, and lessons based on design process, including, but not limited to:

a. Defining a problem by brainstorming or other methods;

b. Researching and generating ideas;

c. Selecting an approach after:

Identifying the criteria to be applied;
Specifying any constraints; and
Exploring various possible approaches;

d. Developing a design proposal;

e. Making a model or prototype;

f. Testing and evaluating the design;

g. Refining the design;

h. Producing and marketing the product; and

i. Communicating the processes and results;

(2) In the area of process skills, the candidate shall have the ability to model, teach, and encourage the development of:

a. Math and science skills;

b. Time management skills;

c. Oral, written, and technological communication skills;

d. Problem solving strategies;

e. Persistence and entrepreneurship;

f. Technological documentation; and

g. Collaborative group process and leadership skills;

(3) In the area of safety, the candidate shall demonstrate the ability to model, teach, and encourage safe and efficient habits in the application of tools, materials, and technologies;

(4) In the area of knowledge of content, the candidate shall demonstrate the ability to apply a design and development process in one or more technologies listed below:

a. Medical technologies;

b. Agricultural technologies;

c. Biotechnologies;

d. Energy and power technologies;

e. Information and communications technologies;

f. Transportation technologies;

g. Manufacturing technologies;

h. Construction technologies;

i. Robotics and automation technologies; and

j. Emerging technologies; and

(5) In the area of technology and society, the candidate shall have the ability to integrate information involving:

a. Careers;

b. History of technology;

c. Engineering design ethics;

d. Emerging technologies; and

e. Social and economic impacts.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; ss by #9974, eff 8-12-11; ss by #12844, eff 8-9-19

N.H. Code Admin. R. Ann. Ed 507.06 Credential Standards for Educational Personnel {#sec-ed-507.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.06}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.07 Credential Standards for Educational Personnel {#sec-ed-507.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.07}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.08 Credential Standards for Educational Personnel {#sec-ed-507.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.08}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.09 Visual Arts Teacher {#sec-ed-507.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.09}

The following requirements shall apply to the licensure of a visual arts teacher in grades K-12:

(a) To be licensed as a visual arts teacher, the candidate shall have:

(1) At least a bachelor’s degree; and

(2) Qualify for licensure under one of the alternatives in Ed 505.05 – Ed 505.07; and

(b) A candidate for licensure as a visual arts teacher shall have the following skills, competencies, and knowledge through a combination of academic and supervised practical experiences in following areas:

(1) In the area of personal artistry and art making:

a. Artistic knowledge demonstrated through a personal portfolio of artwork exhibiting synthesis of concept development, personal voice, and technical skill in at least one medium;

b. Breadth of artistic knowledge demonstrated through a personal portfolio exhibiting development of technical skills and processes in each of the following art forms:

Two-dimensional techniques and processes, such as:

(i) Observational drawings including objects, environment, and the figure and expressive drawing;

(ii) Painting; and

(iii) Printmaking;

Three-dimensional techniques and processes, such as:

(i) Ceramics; and

(ii) Sculpture;

New and emerging digital and electronic technologies, such as:

(i) Free online programs; and

(ii) Visual application software; and

One or more additional media, such as:

(i) Fiber arts;

(ii) Photography;

(iii) Mixed media and materials;

(iv) Cultural art forms;

(v) Jewelry;

(vi) Installation; and

(vii) Non-traditional materials;

c. Applying the creative process to the development of composition, subject matter, ideas, and selection of media, as demonstrated through a personal portfolio of artwork;

d. Developing a personal statement or philosophy to be included in a personal portfolio of artwork that demonstrates an integration of personal iconography and ideas using a breadth of media techniques, styles, and forms of expression;

e. A range of artistic methodologies from exploration to mastery for a variety of media, materials, and processes, showing related techniques and tools including proper care, safety, and use; and

f. Critically evaluating their own artwork and the works of other artists through oral and written discourse;

(2) In the area of visual literacy and presentation:

a. Synthesizing foundational vocabulary to inform and develop a range of subject matter, symbols, and ideas in the creation and analysis of art including:

Elements including line, space, color, shape, form, value, and texture; and
Principles of design including balance, proportion, emphasis and contrast, unity and harmony, pattern, movement, and rhythm;

b. Analyzing the expressive, representational, and symbolic characteristics of the visual language;

c. Displaying, presenting, and exhibiting artwork in a variety of settings, platforms of technology, and in diverse contexts that are educationally informative to multiple audiences;

d. Proficiency in the presentation of written and oral artist statements, exhibition statements, or both; and

e. Understanding copyright law and fair use practices in relation to personal art making;

(3) In the area of history, culture, and aesthetic context:

a. Interpreting and responding to ideas, experiences, the environments of the visual arts of various cultures, and cultural constructs and influences;

b. The ability to recognize the importance of art in different cultures and the different symbolic meanings;

c. An understanding of global art history and how visual art is an integral component of history and the human experience from early cultures to contemporary times;

d. Identifying, analyzing, and applying criteria for making visual aesthetic judgments from cultural, historical, and personal perspectives; and

e. The ability to reflect on and assess one’s artwork and the work of others, recognizing and considering a variety of viewpoints and using methods of art criticism; and

(4) In the area of curriculum and assessment:

a. Designing and advocating for a comprehensive K-12 visual arts program that:

Facilitates the development of artistic skill, creative processes, and aesthetic understanding sequentially over time, with opportunities for students to self-assess and reflect;
Is consistent with RSA 193-C: 3, III;
Includes art making and other materials appropriate to the diverse needs, interests, and capacities of all students;
Includes opportunities and resources available beyond the visual art classroom, such as:

(i) Museums;

(ii) Galleries;

(iii) Artist studios;

(iv) Community artists; and

(v) Recognition programs;

Can be made available to all students by designing and constructing modifications to visual art tools and materials that meet unique student needs;
Integrates global art history into the visual art curriculum by making traditional, popular, and contemporary art from a wide range of cultures accessible and available to students;
Plans and implements lessons that connect thinking skills, concepts, and themes among the visual arts and other disciplines to create meaning through art making;
Integrates current technologies and multimedia to enhance and develop curricula that allows students opportunities to make art and document and display their artwork through the use of various media;
Introduces students to a variety of career options and assists students in investigating career options, when appropriate; and
Guides students in the creation of their personal and professional portfolios, when appropriate; and

b. Developing and applying multiple formal and summative assessment methods specific to visual art to determine students’ attainment of art-based competencies.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04, EXPIRED: 12-17-12
.#10506, eff 1-17-14, EXPIRED: 1-17-24
#13902, INTERIM, eff 3-15-24, EXPIRES: 9-11-24; ss by #14050, eff 8-15-24

N.H. Code Admin. R. Ann. Ed 507.10 Associate School Psychologist {#sec-ed-507.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.10}

To be certified as an associate school psychologist, an individual shall meet the following entry level requirements:

(a) Completion of a state board of education approved master’s level program in clinical or school psychology; and

(b) A written statement, filed with the bureau, that names the person who will supervise the associate school psychologist.

(1) Certified as a school psychologist under Ed 507.08;

(2) Certified as a psychologist by the New Hampshire board of mental health practice; or

(3) Employed as a psychologist with a community mental health center.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; rpld by #7923, eff 7-24-03
#8667, eff 7-1-06; EXPIRED: 7-1-14

N.H. Code Admin. R. Ann. Ed 507.11 Elementary Education Teacher {#sec-ed-507.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.11}

(a) To be licensed as an elementary education teacher for grades K-6, the candidate shall:

(1) Have at least a bachelor’s degree;

(2) Qualify for licensure under one of the alternatives in Ed 505.05 – Ed 505.07; and

(3) Complete the requirements in (c) below.

(b) To be licensed as an elementary education teacher for grades K-8 the candidate shall:

(1) Have at least a bachelor’s degree;

(2) Have a content concentration in English language arts, mathematics, social studies, or general science;

(3) Have a passing middle school content Praxis II score in the given content area listed in (2);

(4) Qualify for licensure under one of the alternatives in Ed 505.05 – Ed 505.07; and

(5) Complete the requirements in (c) below.

(c) A candidate for licensure as an elementary education teacher for grades K-6 or K-8 shall have the following skills, competencies, and knowledge developed through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of curriculum and assessment, demonstrate the ability to promote student learning in:

a. Literacy and language arts across media, genres, and content areas through knowledge and application of:

Five components of basic early literacy:

(i) Phonemic awareness;

(ii) Phonics;

(iii) Fluency;

(iv) Vocabulary; and

(v) Comprehension;

Text complexity measures, qualitative, quantitative, reader and task, and other strategies to identify and select appropriate text;
The writing process to compose a variety of text types and structures including informational, opinion, research, and narrative, in print and digital formats on and off-line;
Standard English and English language conventions to speaking and writing including:

(i) Usage;

(ii) Spelling;

(iii) Grammar;

(iv) Mechanics;

(v) Syntax; and

(vi) Semantics;

Speaking and listening skills through the use of effective communication, collaboration, and presentation skills demonstrated in diverse formats, for varied audiences and purposes;
Gross motor, fine motor, and graphomotor skills and their relationship to reading, writing, handwriting, and other literacy learning; and
Characteristics of the 3 tiers of words, every-day language, general academic words, and domain-specific words;

b. Mathematics across content areas through knowledge and application of:

Conceptual and procedural knowledge with:

(i) Counting and cardinality;

(ii) Operations and algebraic thinking;

(iii) Number and operations;

(iv) Measurement and data;

(v) Geometry;

(vi) Ratios and proportional relationships;

(vii) Number systems;

(viii) Expressions and equations; and

(ix) Statistics and probability; and

Mathematical practices to include:

(i) Solving to mastery;

(ii) Abstract and quantitative reasoning;

(iii) Constructing arguments and critiquing student reasoning;

(iv) Modeling and strategic use of mathematical tools and manipulatives;

(v) Attention to precision;

(vi) Finding and making use of structure; and

(vii) Expressing regularity in repeated reasoning;

c. Social studies through knowledge and application of:

Basic concepts in the 5 strands of social studies:

(i) Civics;

(ii) Economics;

(iii) Geography;

(iv) NH, US, and world history; and

(v) Contemporary issues;

The 10 themes of social studies:

(i) Culture;

(ii) Time, continuity, and change;

(iii) People, places, and environments;

(iv) Individual development and identity;

(v) Individuals, groups, and institutions;

(vi) Power, authority, and governance;

(vii) Production, distribution, and consumption;

(viii) Science, technology, and society;

(ix) Global connections and civic ideals and practices; and

(x) Their interdisciplinary nature;

d. Science through knowledge and application of:

Basic concepts, structure of knowledge, and history in the 4 domains of science:

(i) Earth and space science;

(ii) Life science;

(iii) Physical science; and

(iv) Engineering, technology, and applications of science; and

The scientific method through the use of the observation and inquiry processes; and

e. Technology and information literacy through knowledge and application of:

The ability to develop and use spreadsheets, data systems, analysis tools, and statistical measures;
Digital citizenship, ethics, and internet safety; and
How to use changing instructional technologies in daily instruction;

(2) In the area of communication and collaboration, demonstrate the ability to promote student learning through:

a. Knowledge of the roles, responsibilities, and interdependency of personnel indigenous to elementary schools; and

b. Application of technology as a tool to communicate with members of the professional community and parents; and

(3) In the area of integration across content areas, demonstrate the ability to promote student learning through knowledge and application of:

a. Visual arts, music, theatre, dance, and media arts; and

b. Health, wellness, and safety.

History

#6349, eff 10-5-96; rpld by #7923, eff 7-24-03
#8725, eff 9-9-06; ss by #10558, eff 3-27-14; ss by #14047, eff 8-15-24, EXPIRES: 8-15-34

N.H. Code Admin. R. Ann. Ed 507.12 Credential Standards for Educational Personnel {#sec-ed-507.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.12}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.13 Driver Education Teacher {#sec-ed-507.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.13}

History

#6349, eff 10-5-96; rpld by #7923, eff 7-24-03
#8667, eff 7-1-06, EXPIRED: 7-1-14

N.H. Code Admin. R. Ann. Ed 507.14 Credential Standards for Educational Personnel {#sec-ed-507.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.14}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.15 Health Education Teacher {#sec-ed-507.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.15}

(a) To be licensed as a health education teacher, the candidate shall have at least a bachelor’s degree, including coursework in:

(1) Human anatomy and physiology;

(2) Nutrition;

(3) Substance abuse education;

(4) Personal and community health;

(5) Mental and emotional health;

(6) Sexuality education;

(7) Health promotion and disease prevention;

(8) First aid and CPR; and

(9) Public or environmental health.

(b) A candidate for licensure as a health education teacher shall have the following skills, competencies, and knowledge:

(1) In the area of health-related content knowledge of human biology, social science, and psychology, knowledge of:

a. Substance use and abuse including alcohol, tobacco, and other drugs;

b. Safety, including injury prevention, first aid, and CPR;

c. Healthful eating and nutrition concepts;

d. Relationships, including peer, familial, and other social relationships;

e. Comprehensive sexuality education in accordance with RSA 189:10, including:

Developmentally appropriate abstinence education;
HIV and AIDS;
Sexually transmitted infections and sexually transmitted diseases; and
Safe sex practices;

f. Mental health topics, including:

Behavioral health;
Emotional health; and
Suicide prevention;

g. Consumer health, including:

Personal and community health; and
Prevention and control of disease;

h. Physical activity as a contributor to a healthy lifestyle;

(2) In the area of health-related skill-based knowledge, the ability to support the health and well-being of self and others through:

a. Using functional health information;

b. Analyzing influences that affect health and well-being;

c. Accessing valid and reliable resources;

d. Using interpersonal communication skills, decision-making processes, and goal-setting processes; and

e. Demonstrating practices and behaviors and advocating to promote health and well-being;

(3) Knowledge of theories of health behavior and health behavior change;

(4) Ability to collaborate with school and community resources to support a coordinated school health program;

(5) Knowledge of cultural, ethical, and legal rights and responsibilities involving a school health education program, including the ability to reference New Hampshire statutes pertaining to school health education; and

(6) The ability to facilitate discussions regarding sensitive topics.

History

#6349, eff 10-5-96, EXPIRED: 10-4-04
#11111, eff 5-7-16; ss by #14622, eff 6-12-26, EXPIRES: 6-12-36

N.H. Code Admin. R. Ann. Ed 507.16 Physical Education Teacher {#sec-ed-507.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.16}

(a) To be licensed as a physical education teacher in grades K-12, the candidate shall have at least a bachelor’s degree, including coursework in:

(1) Human anatomy and physiology;

(2) Motor development and motor learning;

(3) Exercise physiology; and

(4) Biomechanics.

(b) A candidate for licensure as a physical education teacher shall have the following skills, competencies, and knowledge:

(1) In the area of scientific and theoretical knowledge as applied to skilled movement, physical activity, and fitness, describe and apply:

a. Physiological, anatomical, and biomechanical concepts;

b. Motor development theory and principles; and

c. Motor learning and principles;

(2) In the area of skill-based and fitness-based motor competence, the ability to:

a. Analyze and correct critical elements of motor skill performance;

b. Demonstrate, or cause to be demonstrated, competence in motor skill performance for a variety of physical activities and movement patterns across a range of physical activity environments, including:

Fundamental movement;
Sports-related;
Dance-related; and
Health-related fitness;

c. Demonstrate, or cause to be demonstrated, performance concepts related to skillful movement in a variety of authentic physical activity environments;

(3) In the area of pedagogical knowledge, the ability to:

a. Apply content and foundational knowledge to plan and implement developmentally appropriate learning experiences that address the diverse needs of all students with:

Alignment with local, state, or national standards, or any combination thereof, and grade level outcomes; and
Effective use of:

(i) Resources;

(ii) Accommodations, modifications, and supports related to fitness, skill ability, and disabilities;

(iii) Technologies, including assistive and adaptive technologies specific to physical education instruction; and

(iv) Metacognitive strategies;

b. Engage students in safe learning experiences that enhance student learning through the effective use of:

Pedagogical techniques, including specially designed physical education instruction;
Communication;

3 Feedback; and

Monitoring and supervision of participants and all physical education learning environments;

c. Select and implement appropriate assessments to monitor each student’s progress and guide decision making related to instruction and learning;

(4) In the area of professional practice:

a. Exhibit professional ethics and culturally competent practices;

b. Understand laws and regulations governing physical education instruction, including for children with special needs;

c. Use promotion and advocacy strategies for physical education and expanded physical activity opportunities that support the development of physically literate individuals; and

d. Collaborate with related service providers to ensure the delivery of safe and effective specialized physical education instruction;

(5) In the area of the application of physical education concepts across the lifespan, demonstrate understanding of facilitating the development of:

a. Students’ social skills through movement-based activities; and

b. Students’ personal skills, individual benefits of physical movement, and proactive engagement in physical activity.

History

#6349, eff 10-5-96; ss by #7924, eff 7-24-03; ss by #8667, eff 7-1-06; amd by #9306, eff 10-25-08; amd by #10951, eff 10-20-15; ss by #14621, eff 6-12-26, EXPIRES: 6-12-36

N.H. Code Admin. R. Ann. Ed 507.17 ESOL Teacher {#sec-ed-507.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.17}

(a) In this section, the following definitions shall be used:

(1) “English for Speakers of Other Languages” (ESOL) means a program that teaches students from different home language backgrounds to become proficient in academic and social English;

(2) “English language development” (ELD) means a specifically designed instruction to advance English learners’ knowledge and use of English;

(3) “English learner (EL),” means an individual who uses language(s) in addition to English. The term includes “English language learner” (ELL), or “Multilingual learner” (ML); and

(4) “Language domains” means listening, speaking, reading, and writing skills.

(b) To be eligible for licensure as an ESOL teacher in grades K-12, the candidate shall:

(1) Have at least a bachelor’s degree;

(2) Qualify for licensure through an approved program or under one of the alternatives in Ed 505.01 – Ed 505.06;

(3) Demonstrate language proficiency in oral and written English in social and academic settings for ELs; and

(4) Have had the experience of studying a second language, which may include American Sign Language, by one of the following:

a. Successfully completing at least 2 semesters of a second language at the college level; or

b. Demonstrating equivalent competence in another language through residency abroad of at least 6 months or evidence of being a native or heritage speaker.

(c) The candidate for licensure as an ESOL teacher shall have the following skills, competencies, and knowledge through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of language as a system, the candidate shall:

a. Recognize language as a dynamic system for communication, including language development as an interactive social process;

b. Demonstrate knowledge of phonology, morphology, syntax, semantics, sociolinguistics, and pragmatics and uses that knowledge to support ELD;

c. Explain the key language features that are used across multiple disciplines and emphasize the way language is used for functional purposes;

d. Actively engage with student study teams to provide information about the different aspects of the language systems of multilingual learners to help differentiate between a language difference and a potential language disability; and

e. Define language development as a non-linear process, dependent on factors including students’ background knowledge, former educational experiences, and home literacy practices;

(2) In the area of language development, the candidate shall:

a. Analyze and critically evaluate current and historical theories and evolving research around multilingual teaching, language development, and learning to inform instructional methodology to improve student outcomes;

b. Apply knowledge of educational theory and policy factors to support program planning, instruction, and advocacy in the education of ELs;

c. Recognize that ELs develop content knowledge and language simultaneously; and

d. Cultivate a classroom environment in which each EL student is comfortable taking risks and using language;

(3) In the area of culture in student learning, the candidate shall recognize variables that affect language, as evidenced by the following:

a. Encouraging students to reflect on the role of language in their lives, within their communities, and between minority and dominant groups in the U.S.;

b. Identifying cultural and sociolinguistic variables that affect students’ English language development, including common myths and misconceptions held about ELs;

c. Using culturally responsive curriculum and materials to promote an inclusive environment;

d. Understanding personal experiences can impact an individual’s teaching and learning philosophy, leading to a more inclusive classroom environment through cross-cultural awareness; and

e. Understanding the impact of culture on language learning, school achievement, and acculturation theories, research, and principles;

(4) Using methods informed by current research in curriculum and instruction, the candidate shall:

a. Use both ELD and content standards to plan and implement instruction;

b. Provide ELs with opportunities to engage in content-specific tasks that simultaneously build grade-level knowledge, skills, and language competence;

c. Differentiate instruction to include activities that integrate multiple modalities of communication across all language domains, including translanguaging;

d. Develop instruction based on ongoing assessment and observation of students’ linguistic needs, and purposefully select materials to expose students to increasingly complex language;

e. Implement activities and materials that develop authentic uses of language as students learn academic vocabulary and content area material using a variety of resources including but not limited to technology, print, and realia;

f. Deliver explicit instruction about the characteristics of oral language to help ELs express themselves accurately in social and academic settings;

g. Deliver explicit instruction about the characteristics of written language structures to help ELs with reading comprehension and written expression; and

h. Employ flexible and fluid group structures to promote language production through a blend of partner work, small group, large group, and whole class activities that include different group configurations for different language goals;

(5) In the area of assessment, the candidate shall demonstrate an understanding of various assessments, including benefits and limitations as they affect ELs, as follows:

a. For standardized assessments:

Meeting local, state, and federal laws, policies, and uniform procedures regarding assessment of English learners including identification, placement, and reclassification requirements;
Advocating for valid and reliable assessment of students during the special education determination process, and ensure that the analysis of assessment results reflects their students’ status as English learners;
Collaborating with colleagues to identify appropriate accommodations when applicable; and
Using assessment results to plan instruction, monitor student progress, and report on student growth; and

b. For formative and summative assessments:

Demonstrating knowledge of a range of standards-based and performance‐based assessment tools that measure ELs’ progress;
Analyzing and interpreting assessment data, teacher observations, and other information to determine students’ level of support within the Language Instruction Educational Program (LIEP);
Recognizing key indicators of valid and reliable assessment instruments;
Developing and using assessment instruments to measure students’ language across all language domains; and
Communicating that it is possible to meet the competency of most standards without possessing native-like control of English conventions and vocabulary; and

(6) In the area of professionalism, the candidate shall:

a. Understand the laws and policies affecting linguistic minorities in the U.S., including those which govern the educational rights of ELs;

b. Understand the scope, including the benefits and limitations of, LIEP models such as, but not limited to:

ESL;
Content classes with integrated ESOL support;
Newcomer programs;
Bilingual education; and
Dual language;

c. Collaborate with classroom teachers and staff to provide comprehensive, appropriate educational opportunities for ELs in school;

d. Actively promote family involvement through regular outreach and communication to strengthen student outcomes;

e. Support EL students and families by sharing information and resources available within the school and community;

f. Maintain up-to-date knowledge of cultural conflicts and world events that might have an impact on students’ learning and acculturation; and

g. Advocate on behalf of students with limited or interrupted formal education (SLIFEs) and alternative pathways to completion for SLIFEs at the secondary level.

History

#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; ss by #10276, eff 2-22-13; ss by #13719, eff 8-11-23

N.H. Code Admin. R. Ann. Ed 507.18 Early Childhood Education Teacher {#sec-ed-507.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.18}

(a) In this section, “young” means a child who is of pre-K age through grade 3.

(b) To be considered for an early childhood education teacher statement of eligibility, as described in Ed 505.06, a candidate shall have at least a bachelor's degree.

(c) To be eligible for licensure as an early childhood education teacher for birth through grade 3 under any of the pathways described in Ed 505.05 through Ed 505.07, a candidate shall have the following skills, competencies, and knowledge:

(1) In the area of early child development and learning, the ability to:

a. Use knowledge and understanding of young children's developmental characteristics and needs to inform curriculum planning and instruction;

b. Use understanding of the multiple interacting influences on young children's development and learning to individualize their planning and instruction; and

c. Create environments that are healthy, respectful, supportive, and challenging for all young children, including, but not limited to, young children:

With developmental delays or disabilities;
Who are gifted and talented;
Whose families are culturally and linguistically diverse;
From diverse socioeconomic groups; and
Who have individual learning styles, strengths, and needs;

(2) In the area of family and community relationships, the ability to:

a. Use knowledge and understanding of the complex characteristics of young children's families to establish positive relationships with the families of young children in the classroom;

b. Use knowledge and understanding of the complex characteristics of community life to develop an understanding of:

The community in which the individual teaches;
How to access the resources available to young children and families, guardians, or both; and
Ways of connecting families, guardians, or both to those resources;

c. Involve all families, guardians, or both in the young child's development and learning through respectful, reciprocal relationships and using multiple strategies and approaches; and

d. Use community resources to enhance the curriculum;

(3) In the area of observing, documenting, and assessing to support young children and families, guardians, or both, the ability to:

a. Know about and understand the goals, benefits, and uses of formal and informal assessment;

b. Demonstrate understanding of responsible assessment practices that are ethically, culturally, linguistically, developmentally, and individually appropriate;

c. Use effective assessment strategies, including, but not limited to, systematic observations and documentation, to identify areas of growth and challenge in individual children;

d. Adapt and improve instructional programs based upon formal and informal assessment; and

e. Implement and evaluate assessments in partnership with families, guardians, or both, and other professionals;

(4) In the area of teaching and learning, the ability to:

a. Know, understand, and use positive relationships and respectful, supportive interactions with all young children as the foundation for curriculum and instruction;

b. Know, understand, and use a wide repertoire of effective approaches, strategies, and tools to positively influence all young children's development, behavior, and learning including both teacher-directed learning and student-directed learning;

c. Know and understand the importance of each domain and content area in young children's learning, including:

Understanding the essential concepts and tools of inquiry; and
Identifying resources to deepen the candidate's content knowledge;

d. Demonstrate knowledge and understanding of what is important in each content area, why it is important, and how it links with earlier and later understandings;

e. Integrate content areas across the curriculum, including project-based learning, hands on learning, and play-based learning;

f. Use knowledge and other resources to plan, design, implement, and evaluate meaningful, challenging curriculum that promotes comprehensive developmental and positive learning outcomes for all young children; and

g. Use technology as an instructional tool in developmentally appropriate ways for the setting in which the candidate teaches, and for communication with families, guardians, or both;

(5) In the area of early childhood content, demonstrate knowledge in the content central to the early childhood curriculum for birth through grade 3 in the central concepts, skills, and tools of inquiry of the following areas:

a. Language and literacy, including bilingualism and the needs of English language learners, including, but not limited to:

Knowledge of expressive and receptive language development listening and speaking and their role in literacy development;
The process of learning to read, including phonetic awareness, phonics, fluency, vocabulary, and reading comprehension;
Reading strategies and skills, and the features of young children's literature;
The process of learning to write, writing modes and forms, and conventions of written English; and
The major indicators of and accommodations for common learning difficulties in reading, writing, speaking, listening, and viewing;

b. The arts, including understanding the importance of the creative process and aesthetic development for all young children and articulating the importance of high-quality, meaningful arts experiences to meet the developmental needs and support all young children's creative expression, in the areas of:

Open-ended pretend play, such as dramatic play and storytelling;
Music, experienced by listening to a variety of musical styles, moving to music, and creating music and rhythms with instruments and voice;
Creative movement and dance;
The visual arts using a variety of 2-dimensional and 3-dimensional media, including, but not limited to paint, clay, dough, drawing tools, and collage; and
The performing arts, including, but not limited to puppets, role play, and creative dramatics;

c. Mathematics, including the major indicators of and accommodations for common learning difficulties in mathematics and the ways in which young children demonstrate their understanding of mathematics, including but not limited to the following:

Mathematics process skills, including:

(i) Representation;

(ii) Reasoning;

(iii) Communication;

(iv) Problem solving; and

(v) Making connections;

Number and operations;
Geometry and spatial sense;
Measurement;
Patterns and algebra, including, but not limited to, patterns and relationships in arithmetic; and
Displaying and analyzing data;

d. Health and physical activity, including articulating the importance of a high-quality, meaningful health and wellness curriculum to meet the developmental needs of all young children, in the areas of:

Physical activity, including, but not limited to, knowledge of the typical progression of motor development, fine and gross motor skills, movement and body awareness, physical fitness, personal safety, and the benefits of a healthy, active lifestyle;
Health and wellness, including, but not limited to, nutrition, personal hygiene, disease prevention, and making decisions that promote a healthy lifestyle; and
Social and emotional wellness and their influence on development and learning in the content areas;

e. Science, including the unifying science concepts of systems, cycles, constancy and change, form and function; and the ways in which young children demonstrate their understanding of science; in the areas of:

Science process skills, including, but not limited to:

(i) Observing;

(ii) Asking questions;

(iii) Collecting, analyzing, and interpreting data;

(iv) Constructing and testing explanations or solutions to problems;

Physical science and the basic phenomena of the physical world;
Earth and space science and the basic phenomena of earth and space; and
Life science and the study of living organisms and life systems; and

f. Social studies and the ways in which young children demonstrate their understanding of social studies, including, but not limited to:

Social studies process and perspective skills;
Identity and individual development;
Families, neighborhoods, and communities;
Culture and cultural identity;
People, geography, and economics;
Time and patterns of time, continuity, and change; and
Social relations and civics and government; and

(6) In the area of professionalism, the ability to:

a. Know and comply with federal and state laws and regulations pertaining to the education, health, and safety of young children;

b. Collaborate with school colleagues, families, other professionals, and the community to meet the needs of young children and improve professional practice;

c. Demonstrate knowledgeable, reflective, and critical perspectives on one's work, and make informed decisions that integrate knowledge from a variety of perspectives; and

d. Advocate for sound educational practices and public policies that support young children, families, guardians, or both, and early childhood education.

(d) The early childhood education license shall qualify a teacher to provide instruction to young children, with or without disabilities, from birth through grade 3.

History

#6349, eff 10-5-96; rpld by #7923, eff 7-24-03
#9305, eff 10-25-08; amd by #10130, eff 5-18-12; ss by #13484, eff 11-11-22

N.H. Code Admin. R. Ann. Ed 507.19 Credential Standards for Educational Personnel {#sec-ed-507.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.19}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.20 Credential Standards for Educational Personnel {#sec-ed-507.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.20}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.21 Credential Standards for Educational Personnel {#sec-ed-507.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.21}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.22 Credential Standards for Educational Personnel {#sec-ed-507.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.22}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.23 Credential Standards for Educational Personnel {#sec-ed-507.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.23}

RESERVED

N.H. Code Admin. R. Ann. Ed 507.24 English Language Arts Teacher For Grades 5-12 {#sec-ed-507.24 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.24}

(a) To be certified as an English language arts teacher for grades 5-12, the candidate shall:

(1) Have at least a bachelor’s degree; and

(2) Obtain certification through one of the alternatives in Ed 505.01 – Ed 505.05 having also met the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies and knowledge of candidates for certification as educators in English language arts by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) A candidate for certification as an English language arts teacher for grades 5-12 shall have skills, competencies and knowledge in the following areas:

(1) In the area of language uses, knowledge of:

a. The cognitive processes by which children acquire and use primary and secondary languages;

b. The social, cultural, psychological, and economic factors that affect language learning;

c. The grammatical structures and conventions of standard English usage;

d. How language changes and develops over time;

e. How diction, tone, and voice vary according to audience;

f. How language can convey bias, propaganda, persuasion, and points of view; and

g. The nature and needs of students whose primary language is not English;

(2) In the area of reading, knowledge of:

a. The fundamental processes of reading at the literal, inferential, and evaluative levels;

b. The criteria used to evaluate and select appropriate fiction, non-fiction, and informational materials based on students’ needs and interests;

c. The techniques to evaluate students’ reading comprehension; and

d. The metacognitive processes and strategies, which are the awareness of the thoughts employed to analyze an issue or complete a task, readers use to construct meaning from print;

(3) In the area of writing, knowledge of:

a. Various modes of writing for a variety of purposes and audiences, including, but not limited to, conducting short as well as more sustained research projects based on focused questions, while demonstrating the understanding of the subject under investigation;

b. Writing as a recursive and multi-step process; and

c. The use of rubrics for holistic and analytic scoring of writing;

(4) In the area of literature, knowledge of:

a. How literature can be a source for exploring and interpreting human experience;

b. The rhetorical and literary elements of literature;

c. Significant developmentally appropriate works and literary movements concerning or authored by people of various shared traditions, beliefs, customs, genders and ethnicities to include:

American literature;
British literature;
World literature;
Young adult literature;
Literature by and about women; and
Literature by and about minorities;

d. How significant works relate to and influence each other in terms of:

Genre;
Theme or style; and
Social and intellectual contexts; and

e. Strategies for analysis, interpretation, and evaluation of various works in the following major genres:

Fiction;
Non-fiction;
Drama;
Poetry;
Informational texts; and
Media;

(5) In the area of speaking and listening, knowledge of:

a. The strategies speakers use to present information, ideas, and feelings in a range of social contexts from informal to formal discourse; and

b. The processes speakers use to adjust a spoken message for different audiences and purposes;

(6) In the area of media literacy, knowledge of:

a. How media and technology can be used to present and interpret the human experience;

b. How visual and informational media can support or distort messages;

c. How to select and use digital resources to support and enhance instruction; and

d. How to make strategic use of digital media and visual displays of data to express information and enhance understanding of presentations; and

(7) In the area of language uses pedagogy, the ability to:

a. Apply and model grammatical rules in reading and writing;

b. Explain how the application of grammatical rules affects meaning;

c. Show how diction, tone, and voice vary according to audience;

d. Trace how English has changed and developed over time;

e. Distinguish and appreciate regional, ethnic, and standard dialects;

f. Model how language functions in different contexts and how to make effective choices about meaning or style;

g. Apply and model strategies to determine or clarify the meaning of unknown or multiple meaning words;

h. Show how figurative language, word relationships and nuances in word meaning changes meaning; and

i. Address the literacy needs of students whose primary language is not English;

(8) In the area of reading pedagogy, the ability to:

a. Guide students to employ a variety of reading strategies according to their purpose for reading at the literal, inferential, and evaluative levels;

b. Design instruction to assist students’ comprehension with increasing text complexity;

c. Design instruction to enhance students’ strategies to expand their vocabulary;

d. Foster and promote independent and reflective readers who enjoy reading; and

e. Implement a variety of assessments to evaluate, monitor, and adjust instruction;

(9) In the area of writing pedagogy, the ability to:

a. Model and guide students as they plan, draft, revise, edit, publish, and share writing for a variety of purposes;

b. Develop students’ competence with writing on demand, writing to learn, writing to demonstrate understanding, and writing creatively;

c. Offer constructive and focused response to students’ writing;

d. Present authors’ works as models to encourage diversity in students’ writing;

e. Guide students in proofreading their work with an understanding of how audience, purpose, and formality of form impact language usage; and

f. Implement a variety of assessments, including student writing portfolios, to monitor and evaluate student growth and adjust instruction;

(10) In the area of literature pedagogy, the ability to:

a. Provide opportunities and guide students to analyze, evaluate, and appreciate literature;

b. Provide an environment in which students develop and support critical insights in response to literature;

c. Guide students to read, discuss, and write about literature through various critical lenses such as but not limited to gender, religion, ethnicity, or socio-economic conditions as appropriate; and

d. Guide students in the understanding and appreciation for literary devices and rhetorical strategies;

(11) In the area of speaking and listening pedagogy, the ability to:

a. Provide opportunities for students to practice different forms of classroom discourse, including formal and informal conversations and presentations;

b. Explain how speakers and listeners establish and maintain contact with their audience;

c. Promote civil and participatory discourse;

d. Guide students to listen critically and speak purposefully and articulately; and

e. Explain how bias, propaganda, persuasion, and point of view are expressed; and

(12) In the area of media literacy pedagogy, the ability to:

a. Guide students to construct and interpret meaning from images and information provided by media and technology;

b. Guide students to select, evaluate, and analyze digital resources critically;

c. Guide students to quote or paraphrase the data and conclusions of others to support claims and reasoning in their work; and

d. Help students to recognize bias, propaganda, persuasion, point of view, and intellectual property.

History

#7271, eff 7-1-00, EXPIRED: 7-1-08
#9525, eff 8-14-09, EXPIRED: 8-14-17
#12417, eff 11-9-17

N.H. Code Admin. R. Ann. Ed 507.25 Mathematics Teacher; General Requirements {#sec-ed-507.25 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.25}

(a) To be certified as a mathematics teacher, the candidate shall:

(1) Have at least a bachelor’s degree;

(2) Obtain certification through one of the alternatives in Ed 505.01 – Ed 505.05;

(3) Meet the requirements of (c) below; and

(4) Meet the requirements of either Ed 507.26, Ed 507.27, or both.

(b) For candidates seeking certification through an alternative 3, 4 or 5 pathway, pursuant to Ed 505.03, Ed 505.04, or Ed 505.05, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as mathematics teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEUs (continuing education unit), and artifacts of professional practice.

(c) A candidate for certification as a mathematics teacher shall have skills, competencies, and knowledge in the following areas:

(1) In the area of knowledge of pedagogy, the candidate shall have the ability to:

a. Plan and conduct units and lessons, appropriate for the grade range, and which:

Enable students to construct new concepts through active participation in mathematical modeling, investigations, and problem- solving;
Include multiple explanations and representations, including, but not limited to informal and formal arguments or proofs;
Incorporate literacy strategies that assist students in reading and understanding mathematics;
Provide opportunities for students to use written, oral, and other creative expressions to demonstrate their understanding of mathematical concepts to a variety of audiences;
Emphasize connections within and between mathematics and other disciplines;
Select and use instructional tools, including, but not limited to, manipulatives and physical models, drawings, virtual environments, spreadsheets, presentation tools, and mathematics-specific technologies such as graphing tools and interactive geometry software, computer algebra systems, and statistical packages;
Make sound decisions about when instructional tools enhance teaching and learning, recognizing both the insights to be gained and possible limitations of such tools; and
Model and develop the following 8 standards of mathematical practices:

(i) Make sense of problems and persevere in solving them;

(ii) Reason abstractly and quantitatively;

(iii) Construct viable arguments and critique the reasoning of others;

(iv) Model with mathematics;

(v) Use appropriate tools strategically;

(vi) Attend to precision;

(vii) Look for and make use of structure; and

(viii) Look for an express regularity in repeated reasoning;

b. Apply an understanding of learning theories and equitable teaching practices to the teaching of mathematics appropriate for students within the grade range which articulate:

Why conceptual knowledge of mathematics is needed in conjunction with the teaching of procedures or algorithms; and
Foundations of pedagogical knowledge, effective and equitable mathematics teaching practices, and positive and productive dispositions toward teaching mathematics to support students’ sense making, understanding, and reasoning; and

c. Plan and conduct a variety of assessments and evaluations appropriate for the grade range that:

Diagnose students’ preconceptions, misconceptions, and understandings of mathematics and continuously monitor students’ understandings; and
Evaluate procedural and conceptual understanding, and interpret students’ mathematical processes and communication skills.

(2) In the area of knowledge of mathematical processes and habits of mind, the candidate shall have the ability to:

a. Use problem-solving to investigate and understand increasingly complex mathematical content, including, but not limited to, the ability to:

Apply and adapt a problem-solving process using a variety of heuristics or strategies to solve problems that arise in mathematics and other contexts;
Use problem-solving to develop one’s own mathematical knowledge;
Reflect upon one’s own and others’ solutions and the problem-solving process; and
Refine problem-solving strategies, as needed;

b. Use mathematical reasoning and proof, including, but not limited to, the ability to:

Develop and evaluate mathematical conjectures;
Construct and evaluate proofs and logical arguments to verify conjectures;
Select and use various types of reasoning and methods of proof; and
Demonstrate the capacity to articulate an understanding of how reasoning and proof are integral components of mathematics;

c. Communicate an understanding of mathematics, including, but not limited to, the ability to:

Demonstrate the capacity to communicate clearly about mathematics and mathematics education in both written and oral forms using accurate and appropriate mathematical language and notation;
Interpret and explain mathematical ideas acquired through reading mathematics in professional publications; and
Analyze and assess the mathematical thinking and strategies of others;

d. Create and use representations, including, but not limited to, the ability to:

Illustrate learning progression from concrete to abstract representations;
Articulate how the use of formal language and notation increases in importance as mathematical concepts are developed in the mathematics curriculum;
Select, apply, and translate among mathematical representations to investigate mathematical concepts and solve mathematical problems; and
Develop and use models to explain mathematical concepts;

e. Recognize, explore, and develop mathematical connections, both within mathematics and across disciplines, including, but not limited to, the ability to:

Provide examples of how mathematics is practiced in various fields; and
Build mathematical understanding by showing how ideas build on one another across grade levels to form a coherent discipline; and

f. Develop additional habits of the mind related to mathematics, including, but not limited to, the ability to:

Learn mathematics independently;
Exhibit a curiosity for mathematics;
Recognize that learning from mistakes is an essential component when working mathematically;
Recognize the power and value of estimation and mental computation when working mathematically;
Understand the value and power of strategic use of technology when solving mathematical problems;
Recognize that mathematics is the language of science and nature; and
Recognize that mathematics is a tool for quantitative reasoning;

(3) In the area of knowledge of the learner, including developmental and environmental characteristics appropriate for the grade range, the candidate shall have the ability to:

a. Demonstrate appropriate strategies for supporting students to:

Move from concrete to abstract representations of mathematical concepts; and
Connect conceptual and procedural knowledge;

b. Communicate understanding of mathematics anxiety, including signs of it, issues related to it, and supporting students to respond to and overcome it;

c. Recognize that attitudes about mathematics can change across a lifespan and therefore teachers need to address the affective domain; and

d. Demonstrate knowledge of how exceptional students learn mathematics and strategies to use with exceptional students;

(4) In the area of number and operations, the candidate shall have the ability to:

a. Demonstrate a capacity to use models to explore and explain relationships, including magnitude, among fractions, decimals, percents, ratios, and proportions;

b. Apply, explain, and justify concepts in number and number theory;

c. Demonstrate computational proficiency and fluency, including the use of a variety of algorithms, estimation strategies, and mental mathematics techniques to judge the reasonableness of answers or approximate solutions;

d. Demonstrate knowledge of concepts and applications of limits and infinity;

e. Demonstrate a capacity to apply the concepts of proportional reasoning;

f. Demonstrate a capacity to make sense of large and small numbers and use scientific notation in mathematical and scientific modeling;

g. Demonstrate a capacity to use physical materials and models to explore and explain the operations and properties of real and complex numbers with extensions to matrices and vectors; and

h. Demonstrate a capacity to apply the concepts of exponents, including integer and rational, through modeling and applications;

(5) In the area of geometry and measurement, the candidate shall have the ability to:

a. Build and manipulate representations of 2-and 3-dimensional objects and perceive an object from different perspectives;

b. Analyze properties of and relationships among geometric shapes and structures;

c. Apply transformations with connections to congruency and similarity;

d. Demonstrate knowledge of non-Euclidean geometries;

e. Connect the ideas of algebra and geometry through the use of coordinate geometry, graphing, vectors, and motion geometry;

f. Recognize measurement attributes and their effect on the choice of appropriate tools and units;

g. Apply strategies, techniques, tools, and formulas to determine measurements and their application in a variety of contexts;

h. Employ estimation as a way of understanding measurement processes and units;

i. Complete error analysis through determination of the reliability of numbers obtained from measurement;

j. Understand and apply measurement conversion strategies;

k. Apply geometric ideas and tools relating to the Pythagorean theorem, similar triangles, and trigonometry to solve problems;

l. Use constructions, models, and dynamic geometric software to explore geometric relationships;

m. Derive and explain formulas found in Euclidean geometry; and

n. Construct proofs using the axioms of Euclidean and non-Euclidean geometries;

(6) In the area of functions and algebra, the candidate shall have the ability to:

a. Model and analyze change and rates of change in various contexts;

b. Use mathematical models to understand, represent, and communicate quantitative relationships, including, but not limited to equality, equations, inequalities, and proportional relationships;

c. Explore, analyze, and generalize a wide variety of patterns and functions using multiple representations including, but not limited to, tables, graphs, written word, and symbolic rules;

d. Represent information and solve problems using matrices;

e. Use graphing utilities and other technological tools to represent, explain, and explore algebraic ideas including functions, equations, and expressions;

f. Generalize patterns and functions using recursive and explicit representations;

g. Articulate the meaning of functions and their inverse relationships, both formally and informally, with the use of concrete materials and graphing utilities; and

h. Understand and compare the properties of classes of functions and their inverses, including exponential, polynomial, rational, step, absolute value, root, logarithmic, and periodic, including trigonometric;

(7) In the area of data, statistics, and probability, the candidate shall have the ability to:

a. Design investigations, collect data, display data in a variety of ways, and interpret data representations including bivariate data, conditional probability and geometric probability;

b. Use appropriate methods to estimate population characteristics, test conjectured relationships among variables, and analyze data;

c. Use appropriate statistical methods and technology to analyze data and describe shape, spread, and center;

d. Use both descriptive and inferential statistics to analyze data, make predictions, test hypotheses, and make decisions;

e. Apply probability concepts in identifying odds, fair games, mathematical expectation, and invalid conclusions;

f. Judge the validity of a statistical argument, including evaluating the sample from which the statistics were developed and identify misuses of statistics;

g. Determine and compare experimental, theoretical, and conditional probabilities; and

h. Use statistical models to explore the connections between statistics and probability including correlation, regression, and analysis of variance;

(8) In the area of calculus, the candidate shall have the ability to:

a. Use mathematical modeling and the concepts of calculus to represent and solve problems from real-world contexts;

b. Use technology to explore and represent fundamental concepts of calculus; and

c. Understand and describe the connection of calculus to middle and high school mathematics topics;

(9) In the area of discrete mathematics, the candidate shall have the ability to:

a. Apply the fundamental ideas of discrete mathematics in the formulation and solution of problems arising from real-world situations; and

b. Use technology to solve problems involving the use of discrete structures; and

(10) In the area of history of mathematics, demonstrate a knowledge of the historical development of numbers and number systems, measurement and measurement systems, geometry, including non-euclidean geometry, algebra, probability and statistics, calculus, and discrete mathematics.

History

#7272, eff 7-1-00, EXPIRED: 7-1-08
#9715, eff 5-14-10; ss by #12603, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 507.26 Mathematics Teacher – Middle Level {#sec-ed-507.26 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.26}

(a) To be certified as a middle level mathematics teacher, the candidate shall:

(1) Obtain certification to teach upper level elementary mathematics through algebra I or integrated I through one of the alternatives in Ed 505.01-Ed 505.05; and

(2) Meet the requirements of Ed 507.25 and Ed 507.26(c) below.

(b) For candidates seeking certification through an alternative 3, 4 or 5 pathway, pursuant to Ed 505.03, Ed 505.04, or Ed 505.05, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as teachers in middle level mathematics by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEUs, and artifacts of professional practice.

(c) A candidate for certification as a middle level mathematics teacher shall have skills, competencies, and knowledge in the following areas:

(1) In the area of number and number operations the candidate shall have the ability to:

a. Represent, use, and apply introductory concepts and properties of complex numbers;

b. Identify and illustrate the mathematics that underlies the procedures and operations involving real numbers and their subsets; and

c. Explain the distinctions among real numbers and their subsets with connection to field axioms;

(2) In the area of functions and algebra the candidate shall have the ability to:

a. Understand, identify, and apply arithmetic and geometric sequences; and

b. Represent and analyze group and field properties of real numbers and other mathematical structures;

(3) In the area of calculus the candidate shall have the ability to demonstrate an understanding of calculus concepts including limits, continuity, differentiation, and integration; and

(4) In the area of discrete mathematics demonstrate a conceptual understanding of the fundamental ideas of discrete mathematics, including, but not limited to:

a. Finite graphs;

b. Trees;

c. Networks;

d. Propositional logic; and

e. Combinatorics.

History

#12603, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 507.27 Mathematics Teacher – Upper Level {#sec-ed-507.27 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.27}

(a) To be certified as an upper level mathematics teacher, the candidate shall:

(1) Obtain certification to teach pre-algebra through advanced placement math courses through one of the alternatives in Ed 505.01-Ed 505.05; and

(2) Meet the requirements of Ed 507.25 and Ed 507.27(c) below.

(b) For candidates seeking certification through an alternative 3, 4 or 5 pathway, pursuant to Ed 505.03, Ed 505.04, or Ed 505.05, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as teachers in upper level mathematics by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEUs, and artifacts of professional practice.

(c) A candidate for certification as an upper level mathematics teacher shall have skills, competencies, and knowledge as follows:

(1) In the area of number and operations, the candidate shall have the ability to identify and illustrate the mathematics underlying the theory of groups, rings, and fields and the relationships among them;

(2) In the area of functions and algebra, the candidate shall have the ability to:

a. Understand and apply major concepts of:

Linear algebra, including vector spaces and matrices; and
Abstract algebra, including groups, rings, and fields;

b. Connect major concepts of linear and abstract algebra to the complex number system and other mathematical structures; and

c. Understand, identify, and apply arithmetic and geometric sequences, including partial sums of infinite arithmetic and geometric sequences, with connections to linear and exponential functions;

(3) In the area of calculus, the candidate shall have the ability to:

a. Demonstrate a conceptual understanding of and procedural facility with basic calculus concepts including limits, continuity, differentiation, and integration; and

b. Demonstrate an understanding of the basic concepts of multivariable calculus; and

(4) In the subject area of discrete mathematics, the candidate shall demonstrate a conceptual understanding of, and procedural facilitation of, the knowledge of the basic elements of discrete mathematics, including but not limited to:

a. Graph theory;

b. Propositional logic;

c. Mathematical induction;

d. Recurrence relations;

e. Finite differences;

f. Linear programming; and

g. Combinatorics.

History

#7273 eff 7-1-00, EXPIRED: 7-1-08
#9715, eff 5-14-10; ss by #12603, eff 8-9-18 (formerly Ed 507.26)

The following requirements shall apply to the certification of a social studies teacher for grades 5-12:

(a) To be certified as a social studies teacher for grades 5-12, the candidate shall:

(1) Have at least a bachelor’s degree; and

(2) Qualify for certification under one of the alternatives in Ed 505.01 – Ed 505.05.

(b) For candidates seeking certification under an alternative 3, 4 or 5 pathway, the department of education shall assess the skills, competencies and knowledge of candidates for certification as educators in social studies by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) A candidate for certification as a social studies teacher for grades 5-12 shall have skills, competencies and knowledge in the following areas:

(1) In the area of content, the ability to explain the importance of knowledge in each of the following areas, including ways in which each subject area provides insight into contemporary society:

a. New Hampshire and United States civics and government;

b. Economics;

c. Geography;

d. United States and New Hampshire history; and

e. World history;

(2) In the area of content, the ability to exhibit knowledge of the basic concepts, generalizations, and issues of the subject areas, including an in-depth understanding of history and one of the following subject areas:

a. New Hampshire and United States civics and government;

b. Economics;

c. Geography; and

d. World history;

(3) In the area of related subject content, the ability to explain the importance of at least one of the following behavioral sciences including ways in which it provides insight into contemporary society:

a. Anthropology;

b. Psychology; or

c. Sociology;

(4) In the area of content, the ability to demonstrate the research methodology of professionals in at least one of the 5 subject areas referred to in (c)(1) above, or a related social studies subject area;

(5) In the area of pedagogy, the ability to:

a. Develop comprehensive unit plans which integrate materials and concepts from 2 or more social science disciplines listed in (1) that envelop essential questions, central themes, issues or problems and that coherently link to daily lessons;

b. Design learning activities that employ research methods unique to the social sciences including activities in which students design inquiries based on compelling essential questions;

c. Demonstrate the capacity to use a variety of social studies learning activities and techniques in order to:

Foster in students a commitment to and an ability to engage in democratic processes and decision-making;
Provide exposure to and opportunities to express multiple interpretations of issues;
Encourage in students a capacity for deliberation and thoughtful exchange of competing viewpoints between citizens within and outside the classroom;
Develop students’ critical thinking, using a variety of instructional methods including how to assess the quality of information and ethical, legal or policy analyses;
Gather and evaluate primary and secondary sources from civics, economics, geography and history with the purpose of using evidence to support claims;
Assess how factual information, opinion, entertainment, and advertising are presented differently in various media;
Apply a range of deliberative and democratic strategies and procedures to carry out analyses, make decisions and communicate ideas via oral and written expression;
Create structured and varied opportunities for students to participate in informed ways via community resources and projects; and

d. Promote adolescent literacy and incorporate relevant literacy standards by using literacy strategies in order to foster comprehension and develop social studies skills.

History

#7274 eff 7-1-00, EXPIRED: 7-1-08
#9525, eff 8-14-09; ss by #12452, eff 1-12-18; renumbered by #12603 (formerly Ed 507.27)

N.H. Code Admin. R. Ann. Ed 507.29 Science Teacher For Grades 5-8 {#sec-ed-507.29 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.29}

(a) To be certified as a science teacher for grades 5-8, the candidate shall:

(1) Meet the qualifications for certification as a science teacher as provided in Ed 507.29; and

(2) Meet the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as science teachers for grades 5-8 by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) A candidate for certification as a science teacher for grades 5-8 shall have skills, competencies, and knowledge in the following areas:

(1) The candidate shall have the ability to comprehend, apply, evaluate, analyze, synthesize, and communicate knowledge in earth and space science, life science, and physical science as follows:

a. In the area of earth and space science, earth’s place in the universe, including, but not limited to:

Earth-sun-moon relationships, including origins, structure, and resultant effects on earth;
Origin, components, characteristics, and motions of the solar system;
Relationships among the solar system, milky way galaxy, and the universe;
Instruments to observe space and the information gained to determine scale properties; and
History of the earth, including, but not limited to, age as determined by rock strata, and the geological time scale;

b. In the area of earth and space science, earth’s systems, including, but not limited to:

Materials cycles through the earth driven by a flow of energy;
Geoscience processes that reshape the earth’s surface;
Weather and climate, including, but not limited to:

(i) Role of the water cycle and how it’s driven by energy from the sun and gravity;

(ii) Role of air masses in changing weather conditions; and

(iii) Role of uneven heating causes circulating patters in the oceans and atmosphere that determine regional climates;

c. In the area of earth science, earth and human activity, including, but not limited to:

The uneven distribution of Earth’s natural resources resulting from geoscience processes;
Natural events showing patterns and providing data for prediction and mitigation;
The role of human impact on the environment, methods for monitoring, and minimizing the resulting effects;
Evidence of increased human population and its relationship to consumption of natural resources and impact on the earth’s systems; and
Evidence and factors that have caused global temperature changes over time;

d. In the area of life science, the structure and processes from molecules to organisms, including, but not limited to:

Structure and function of unicellular organisms, multicellular organisms, and interactions of subsystems within an organism;
Growth and reproduction including genetic, behavioral, and environmental conditions and how they influence reproduction of plants and animals;
Cycling of matter and flow of energy including chemical processes of photosynthesis, and respiration; and
Information processing: how organisms respond to stimuli in the environments;

e. In the area of life science, ecosystems, their interactions, energy and dynamics, including, but not limited to:

Independent relationships in ecosystems including biotic and abiotic influences, competition, or symbiosis among organisms based on limited resources, and cycling of matter and flow of energy to determine changes in population; and
Human impact and influences on the ecosystem;

f. In the area of life science, heredity, and the inheritance and variation of traits, growth and development of organisms including asexual and sexual reproduction, inheritance, and variation of genetic traits in resulting offspring and alterations to genes;

g. In the area of life science, biological evolution regarding unity and diversity, including, but not limited to:

Evidence of common ancestry diversity including fossil record, comparing anatomical characteristics of past to present organisms, and embryological development of different species;
Natural and artificial selection including the role of each on traits and changes in population over time; and
Adaptation and the impact on the distribution of traits in a population over time;

h. In the area of physical science, matter and its interactions, including but not limited to:

Structure and properties of matter, including, but not limited to:

(i) Atomic structure of molecules;

(ii) Physical and chemical properties and changes;

(iii) Characteristics and properties of solids, liquids, and gases; and

(iv) Relationship among states of matter, molecular motion, and temperature; and

Chemical reactions including the process of chemical reactions, law of conservation of mass and law of conservation of energy;

i. In the area of physical science, motion and stability regarding forces and interactions, including, but not limited to:

Forces and motion, including Newton’s laws of motion; and
Interactions including characteristics, behavior, and influencing factors of electromagnetic and gravitational forces and fields;

j. In the area of physical science, energy, including, but not limited to:

The relationships of potential and kinetic energy;
Energy transfer; and
Relationship between energy and forces; and

k. In the area of physical science, waves and their applications in technologies for information transfer, including, but not limited to:

Properties and behaviors of different types of waves; and
Role of digital signals in communication; and

l. Understand and be able to apply mathematical concepts and techniques including, but not limited to variable analysis as related to physical science at least through the level of college statistics.

History

#7275, eff 7-1-00, EXPIRED: 7-1-08
#9566, eff 10-16-09; amd by #10506, eff 1-17-14; ss by #12453, eff 1-12-18; renumbered by #12603 (formerly Ed 507.28)

N.H. Code Admin. R. Ann. Ed 507.30 Science Teacher; General Requirements {#sec-ed-507.30 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.30}

(a) To be certified as science teacher, the candidate shall have:

(1) At least a bachelor’s degree; and

(2) Qualify for certification under one of the alternatives in Ed 505.01 – Ed 505.05.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as science teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) In addition to meeting the requirements for certification under Ed 507.28 for science teacher for grades 5-8, Ed 507.30 for earth and space science teacher, Ed 507.31 for life sciences teacher, Ed 507.32 for chemistry teacher, Ed 507.33 for physics teacher, or Ed 507.51 for physical science teacher for grades 7-12, a science teacher shall have the qualifications listed in (d) and (e) below.

(d) In the area of instructional performance, the candidate shall demonstrate:

(1) Proficiency in the use of scientific methods as demonstrated by the ability to:

a. Integrate the science practices throughout lessons by:

Asking questions for science and defining problems for engineering;
Developing and using models;
Planning and carrying out investigations;
Analyzing and interpreting data;
Using mathematics and computational thinking;
Constructing explanations for science and designing solutions for engineering;
Engaging in argument from evidence; and
Obtaining, evaluating, and communicating information;

b. Design and teach grade level appropriate laboratory activities incorporating scientific processes, promoting scientific habits of mind, and meeting needs of diverse learners;

c. Use scientific drawings, diagrams, data tables, models, and graphing essential to science investigations and expression of ideas;

d. Design learning activities fostering questioning, open-ended investigations, the development of cooperative group skills, and promoting practice in decision making and problem solving;

e. Use methods of teaching reading, writing, communication, and study skills essential to the effective mastery of grade level science content;

f. Design activities and investigations integrating appropriate quantitative literacy skills and concepts; and

g. Organize, present, and evaluate science ideas in a manner emphasizing conceptual understanding of phenomena and optimizing learning experiences for students of all ability levels and learning styles; and

(2) Scientific content knowledge that enables the integration of the common themes exhibited in all of the sciences into teaching and course design including:

a. Systems and system models;

b. Energy and matter;

c. Cause and effect;

d. Scale, proportion, and quantity;

e. Patterns of change, including constancy or stability;

f. Structure and function;

g. Stability, change, and evolution; and

h. Nature of science and inquiry;

(3) The ability to make connections that:

a. Establish relationships among all sciences and reflect the role of science systems in science literacy;

b. Relate the sciences to technological issues that influence society and the ethical and moral consequences of decisions related to those issues; and

c. Integrate knowledge from the history and philosophy of science into science instruction;

(4) Knowledge of field and laboratory safety and emergency procedures, including responsibilities of science teachers for:

a. The welfare of their students and care for organisms as appropriate to the area of study using the “Position Statement on the Responsible Use of Live Animals and Dissection in the Science Classroom”, March 2008, available as specified in Appendix II; and

b. The proper maintenance, storage and disposal of laboratory materials or chemicals using the Globally Harmonized System for Hazard Communication of 2007 available as specified in Appendix II;

(5) Knowledge and skills to integrate technological tools for learning, analysis and reporting, including, but not limited to:

a. Skills to plan, design, deliver, and incorporate active learning and collaboration;

b. Collect and analyze data using information technology; and

c. Communicate information effectively;

(6) Knowledge and skills of computing and computational thinking as it relates to science, including, but not limited to:

a. Visualizations of scientific concepts; and

b. Modeling and simulating engineering design to communicate science understanding; and

(7) Ability to practice good digital citizenship and model safe, ethical, and legal practice with digital tools and resources.

(e) The candidate shall demonstrate knowledge of the organizations, agencies, and journals that contribute to the professional growth of the science teacher.

History

#7276 eff 7-1-00, EXPIRED: 7-1-08
#9566, eff 10-16-09; amd by #10506, eff 1-17-14; ss by #12454, eff 1-12-18; renumbered by #12603 (formerly Ed 507.29)

N.H. Code Admin. R. Ann. Ed 507.31 Earth and Space Science Teacher For Grades 7-12 {#sec-ed-507.31 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.31}

(a) To be certified as an earth and space science teacher for grades 7-12, the candidate shall:

(1) Meet the qualifications for certification as a science teacher as provided in Ed 507.29; and

(2) Meet the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as earth and space science teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) A candidate for certification as an earth and space science teacher for grades 7-12 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of fundamental content knowledge, the candidate shall have the ability to:

a. Comprehend, apply, evaluate, analyze, and synthesize knowledge of:

Structure of earth systems, such as the geosphere, atmosphere, hydrosphere, and biosphere, including the properties, measurements, and classification of their constituent materials and structures;
Changes in earth systems to include the geosphere, atmosphere, hydrosphere, and biosphere, including the gradual and catastrophic changes that occur in those systems at different spatial and temporal ranges, such as tectonic activity, weather and climate, population dynamics, and the evolution of life;
Relationships between earth systems to include the geosphere, atmosphere, hydrosphere, and biosphere, including, but not limited to the flow of energy and matter between and among those systems;
The origin, evolution, properties, and behavior of planetary and geologic structures, including the use of relative and absolute dating techniques to derive systems of chronological dating such as the geologic time scale;
The origin, evolution, properties and behavior of the universe, including energy, matter, and astronomical objects;
Fundamentals of investigating and interrelating the fields of study within earth space sciences, including geology, oceanography, meteorology, and astronomy;
The impact of human activity on earth systems, including the geosphere, atmosphere, hydrosphere, and biosphere;
The application of earth space sciences relating to societal issues such as environmental quality, personal and community health and welfare, and business and industry; and
The application of earth space sciences relating to the sources, limits, and management of renewable and nonrenewable natural resources;

b. Apply knowledge of Earth space sciences through inquiry, field experiences, laboratory investigations, and the use of scientific models and scientific research; and

c. Understand and be able to apply mathematical concepts and techniques, including, but not limited to data analysis and modeling as they relate to earth and space systems, at least through the level of college statistics.

History

#7277 eff 7-1-00, EXPIRED: 7-1-08
#9566, eff 10-16-09; ss by #12455, eff 1-12-18; renumbered by #12603 (formerly Ed 507.30)

N.H. Code Admin. R. Ann. Ed 507.32 Life Sciences Teacher For Grades 7-12 {#sec-ed-507.32 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.32}

(a) To be certified as a life sciences teacher for grades 7-12, the candidate shall:

(1) Meet the qualifications for certification as a science teacher as provided in Ed 507.29; and

(2) Meet the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as life science teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) A candidate for certification as a life sciences educator for grades 7-12 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of fundamental content knowledge, the candidate shall have the ability to:

a. Explain concepts, solve problems, use models, and perform both field and laboratory experiences in the following fundamental areas of life science:

Structure and functions, from molecules to organisms, as follows:

(i) Evidence for structure of DNA determining structure of proteins;

(ii) Hierarchical organization of interacting systems; and

(iii) Feedback mechanisms that ensure homeostasis, including, but not limited to human systems;

Inheritance and variation of traits as follows:

(i) Role of mitosis to maintain complex organisms;

(ii) Role of DNA and chromosomes in coding instructions that are passed through generations;

(iii) New genetic combinations are a result of meiosis and mutations; and

(iv) Statistics and probability to explain the variation and distribution of expressed traits;

Matter and energy in organisms and ecosystems as follows:

(i) Role of photosynthesis, respiration, and fermentation in the needs of organisms as well as in the cycling of carbon in the biosphere, atmosphere, hydrosphere and geosphere;

(ii) Carbon based molecules form the basis for life;

(iii) Explain the cycling of matter and flow of energy in aerobic and anaerobic conditions; and

(iv) Cycling of matter and flow of energy among organisms and ecosystems;

Interdependent relationships in ecosystems; and
Natural selection and evolution;

b. Apply mathematical modeling, statistical concepts, and manipulation of variables as they apply to life science; and

c. Explain and solve problems in life science, incorporating the fundamental concepts of chemistry, physics, and earth space science, including basic concepts and laboratory techniques.

History

#7278 eff 7-1-00, EXPIRED: 7-1-08
#9566, eff 10-16-09; ss by #12456, eff 1-12-18; renumbered by #12603 (formerly Ed 507.31)

N.H. Code Admin. R. Ann. Ed 507.33 Chemistry Teacher For Grades 7-12 {#sec-ed-507.33 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.33}

(a) To be certified as a chemistry teacher for grades 7-12, the candidate shall:

(1) Meet the qualifications for certification as a science teacher as provided in Ed 507.29;

(2) Meet the qualifications for certification as a physical science teacher as provided in Ed 507.51; and

(3) Meet the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies and knowledge of these candidates for certification as chemistry teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEUs, and artifacts of professional practice.

(c) A candidate for certification as a chemistry teacher for grades 7-12 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of fundamental content knowledge, the candidate shall have the ability to:

a. Explain concepts, solve problems, and perform laboratory techniques that explore and develop an understanding and application of the following fundamental areas of chemistry:

Structure and properties of matter, including, but not limited to:

(i) Bonding and intermolecular forces;

(ii) Relationship between molecular structure and the function of designed materials;

(iii) Chemical engineering;

(iv) Coordination complexes;

(v) Molecular orbital theory;

(vi) Organic chemistry and functional groups in biochemistry, biological compounds and natural products; and

(vii) Gas laws;

Chemical reactions and energy, including, but not limited to:

(i) Reaction thermodynamics including exothermic and endothermic reactions, entropy, and Gibbs free energy;

(ii) Product prediction in chemical reactions, based on patterns of chemical properties;

(iii) Complex reaction dynamics, including kinetics and equilibrium;

(iv) Mathematics of reactions, including mole concept, stoichiometry, and laws of composition and conservation, and aqueous equilibria from acid/base systems to solubility;

(v) Application of electrochemistry and oxidation/reduction (REDOX) reactions;

(vi) Energy in chemical processes;

(vii) Wave-particle duality of nature, including the relationship between frequency, wavelength, and speed; and

(viii) Changes in matter due to the absorption of electromagnetic radiation;

Nuclear and environmental processes, including, but not limited to:

(i) Environmental and atmospheric chemistry, including ground water pollution, plastics, and disposal of fuels; and

(ii) Applications of chemistry in community health and environmental quality; and

Engineering design processes, including, but not limited to:

(i) Analyze a major global challenge to specify qualitative and quantitative criteria and constraints to solutions;

(ii) Design a solution to a complex real-world problem accounting for constraints, cost, safety, reliability, and social, cultural, and environmental impacts; and

(iii) Use a computer simulation to model the impact of proposed solutions to a complex real-world problem;

b. Apply knowledge of chemistry and physical science concepts through full and partial inquiries, laboratory investigations, and the use of scientific models; and

c. Understand and be able to apply mathematical concepts and techniques including, but not limited to, modeling and variable analysis at least through the level of college calculus and statistics.

History

#7279 eff 7-1-00, EXPIRED: 7-1-08
#9566, eff 10-16-09; ss by #12457, eff 1-12-18; renumbered by #12603 (formerly Ed 507.32)

N.H. Code Admin. R. Ann. Ed 507.34 Physics Teacher For Grades 7-12 {#sec-ed-507.34 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.34}

(a) To be certified as a physics teacher for grades 7-12, the candidate shall:

(1) Meet the qualifications for certification as a science teacher as provided in Ed 507.29;

(2) Meet the qualifications for certification as a physical science teacher as provided in Ed 507.51; and

(3) Meet the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies, and knowledge of candidates for certification as physics teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU’s, and artifacts of professional practice.

(c) A candidate for certification as a physics teacher for grades 7-12 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of fundamental content knowledge, the candidate shall have the ability to:

a. Comprehend, apply, quantify, evaluate, analyze, and synthesize specific physics knowledge of:

Energy, including kinetic, potential, heat, and rest;
Newtonian principles and laws as they apply to statics and dynamics, including, but not limited to, friction, inclines, circular motion, the rotation of rigid bodies, and fluid mechanics and knowledge of how these principles are used in engineering applications;
Thermodynamics, including the ideal gas law, entropy, heat engines, and thermodynamic cycles, kinetic, and ensemble theory;
Conservation laws and the relationships between conserved quantities, including the conservation of energy, mass, linear and angular momentum, and charge;
Classical wave theory of sound and electromagnetism, including the electromagnetic spectrum, optics, and light behavior;
Electricity, electrostatics, electrodynamics, and magnetism, including, but not limited to, circuit theory and the propagation and generation of electric and magnetic fields;
Fundamental forces of gravity, electromagnetism, weak nuclear force, and strong nuclear force including, but not limited to, the spectrum of known fundamental particles, the standard model, and its known shortcomings;
Nuclear physics, including, but not limited to reactivity, radioactivity, nuclear reactors, fission, and fusion;
Quantum mechanics, including wave-particle duality and special relativity, Lorentz transformations, time dilations, length contraction, and conversion of rest mass into energy;
Applications of physics in environmental quality and to personal and community health;

b. Applications of physics for design, engineering, and technology in society, business, industry, and health fields;

c. Apply knowledge of physics and physical science concepts through full and partial inquiries, laboratory investigations, and the use of scientific models; and

d. Understand and be able to apply mathematical concepts and techniques, including, but not limited to modeling and vector and variable analysis at least through the level of college calculus and statistics.

History

#7280, eff 7-1-00, EXPIRED: 7-1-08
#9566, eff 10-16-09; ss by #12458, eff 1-12-18; renumbered by #12603 (formerly Ed 507.33)

N.H. Code Admin. R. Ann. Ed 507.35 Theatre Teacher {#sec-ed-507.35 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.35}

(a) To be considered for a theatre teacher statement of eligibility as outlined in Ed 505.06, a candidate shall have at least a bachelor's degree.

(b) To be eligible for licensure as a theatre teacher under any of the pathways described in Ed 505.05 through Ed 505.07, a candidate shall have the following skills, competencies, and knowledge:

(1) Basic theories and processes of play analysis, production, and playwriting including:

a. Analyzing and evaluating plays for artistic intent;

b. Preparing scripts for production; and

c. Creating dramatic texts through processes, forms, and techniques including:

Elements of plot;
Script structure;
Character creation; and
Improvisation and creative dramatics;

(2) Basic theories and processes of acting and directing including:

a. Analyzing character for multiple forms and genres of theatre;

b. Introducing students to varying techniques of performance for both classical and contemporary plays in order for the student to make informed choices when creating characters;

c. Making directorial or performance choices for a variety of styles;

d. Staging and blocking;

e. Conducting auditions and casting actors;

f. Organizing production schedules, meetings, and promotion; and

g. Using detailed supporting evidence to evaluate and reflect on the effectiveness of artistic choices;

(3) Basic theories and processes of technical theatre and design including:

a. Using design elements in all technical areas to reflect the director’s vision of theme, locale, period, and atmosphere, through:

Scenery;
Properties;
Make-up;
Costumes;
Lighting; and
Sound;

b. Demonstrating knowledge and skills for the safe implementation of all technical elements of production in:

Set construction;
Properties;
Make-up;
Costumes;
Lighting; and
Sound;

(4) Theatre history, cultural context, and social meaning including:

a. Analyzing a variety of dramatic texts from different cultural and historical perspectives;

b. Identifying and applying cultural, historic, and social meanings in dramatic texts including:

Script writing;
Acting;
Designing; and
Directing;

c. Extracting social meanings from dramatic texts and productions in order to illustrate the impact of society and world culture on theatre as well as the emotional and social impact of dramatic events on the world; and

d. Analyzing and evaluating the impact theatrical artists and authors, who represent diverse cultural perspectives, have had on the evolution of theatre;

(5) K-12 theatre content pedagogy including:

a. Creating and implementing standards-based lesson plans and units;

b. Designing standards-based curriculum, planning, instruction, and assessments, including modifications to meet the needs of all learners;

c. Using performance-based competency-based assessment strategies to determine and communicate student progress and achievement in theatre;

d. Fostering collaborative classroom environments;

e. Using current technologies and multimedia to plan, prepare, and deliver instruction;

f. Working with colleagues to:

Analyze how other art forms are modified and integrated in theatre;
Identify connections between theatre and other disciplines;
Collaborate across the curriculum with classroom and other arts educators using a variety of techniques for theater arts integration to both draw out creativity and achieve interdisciplinary learning goals in a variety of settings and content areas; and

g. Describing and advocating for a comprehensive K-12 theatre program; and

(6) K-12 theatre production pedagogy including:

a. Guiding students to express themselves artistically through:

Script writing;
Acting;
Designing; and
Directing;

b. Instructing students in describing, analyzing, and evaluating dramatic text and theatrical performances;

c. Directing students in the safe and proper use of current technologies and multimedia to amplify and augment performances and productions;

d. Facilitating student production teams, schedules, meetings, and marketing strategies; and

e. Demonstrating directorial leadership including:

Legal and ethical use of copyrighted material;
Knowledge and application of safety codes and regulations for production space; and
Knowledge and application of legal and professional obligations, responsibilities, and liabilities.

History

#7923, eff 7-24-03; ss by #9939, INTERIM, eff 6-9-11, EXPIRED: 12-6-11
#10130, eff 5-18-12; renumbered by #12603 (formerly Ed 507.34); ss by #13485, eff 11-11-22

N.H. Code Admin. R. Ann. Ed 507.36 Credential Standards for Educational Personnel {#sec-ed-507.36 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.36}

RESERVED

History

#7756, eff 9-1-02; amd by #8229, eff 12-17-04; ss by #8844, eff 3-16-07; ss by #10245, eff 12-21-12; renumbered by #12603 (formerly Ed 507.35); ss and moved by #13000, eff 10-5-20 (see Ed 504.11)

N.H. Code Admin. R. Ann. Ed 507.37 Classical Languages Teacher {#sec-ed-507.37 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.37}

(a) To be considered for a classical languages teacher statement of eligibility, as described in Ed 505.06, an individual shall have at least a bachelor's degree.

(b) To be eligible for licensure as a classical languages teacher with an endorsement in Latin under any of the pathways described in Ed 505.05 through Ed 505.07 a candidate shall have the following skills, competencies and knowledge:

(1) In the area of reading comprehension and translation, the candidate shall:

a. Have the ability to read the works of major Latin authors in prose and poetry, and knowledge of their literary qualities and importance;

b. Have the ability to translate Latin into idiomatic English; and

c. Have the ability to read aloud both prose and poetry in correct meter in Latin using an accepted standard of pronunciation;

(2) In the area of vocabulary, grammar, and syntax, the candidate shall:

a. Have knowledge of the morphology, phonology, and syntax of Latin;

b. Have the ability to write short compositions in Latin; and

c. Have knowledge of the general historical development of Latin and its influence on Romance languages and English vocabulary; and

(3) In the area of the cultural and literary history, the candidate shall:

a. Have knowledge of major aspects of classical history, cultural institutions, and their connections to European traditions and other world cultures;

b. Have knowledge of the history and content of classical literature, in translation or in the original; and

c. Have knowledge of classical mythology.

(c) A candidate for licensure as a classical languages teacher with an endorsement in Greek shall comply with (b) above, except that the required skills, competencies and knowledge shall be in Greek instead of Latin.

History

#7924, eff 7-24-03; ss by #9306, eff 10-25-08, EXPIRED: 10-25-16
#12148, eff 3-24-17; renumbered by #12603 (formerly Ed 507.37); ss by #13486, eff 11-11-22

N.H. Code Admin. R. Ann. Ed 507.38 World Language Teacher {#sec-ed-507.38 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.38}

The following requirements shall apply to the certification of a world language teacher for grades K-12:

(a) In this section:

(1) "American Sign Language" (ASL) means the visual-manual language that has developed naturally across generations in the American deaf community that:

a. Has all the features of language;

b. Uses the cheremes of handshape, palm orientation, point of contact, and movement for expression; and

c. Is distinct from other signed or spoken languages, including English; and

(2) When applied to a candidate applying for certification in ASL, the following terms used in this section shall have the following meanings:

a. "Listening" means attending to and understanding ASL;

b. "Music" means a poetic means of communication, using ASL;

c. "Speaking" means using ASL to express meanings;

d. "Reading" means attending to and understanding ASL as shown on a 3-dimensional medium of visual transmission, including, but not limited to, a film, videotape, CDROM, or DVD; and

e. "Writing" or "written communication" means using ASL expressively on a 3- dimensional medium of visual transmission, including, but not limited to, a film, videotape, CD-ROM, or DVD;

(b) A candidate for certification as a world language teacher shall have:

(1) A bachelor's degree or higher; and

(2) Except as provided for ASL below, an intensive experience at the advanced level in the target language, such as, but not limited to:

a. A term of residence in the country/community of the target language;

b. A service-learning experience requiring the use of the target language; or

c. A term of residence in a certified total immersion program in the target language; and

(3) A candidate for certification as a world language teacher in ASL shall have:

a. Five or more years of experience using ASL;

b. ASL proficiency as described by American Sign Language Teachers' Association Area 1 (2014), "Signing" and "Attending," as specified in Appendix II; or

c. ASL mastery equivalent to proficiency level 3 as described by Gallaudet University's ASL Proficiency Interview Diagnostics, as specified in Appendix II; and

(c) A candidate for certification as a world language teacher shall have the following skills, competencies and knowledge through a combination of academic experiences and demonstrated competency and equivalent experiences in the following areas:

(1) In the area of speaking and listening, the candidate shall have the ability to interact with ease and confidence when dealing with most routine tasks and social situations of the intermediate level in the target language, as evidenced by:

a. The ability to understand equivalent to a minimum of "Intermediate High" according to the American Council on the Teaching of Foreign Languages (ACTFL) criteria in ACTFL Proficiency Guidelines- Speaking (2012), as specified in Appendix II; or

b. The ability to meet the New Hampshire Guidelines for Language Learning Continuum, Stage III, as outlined in the New Hampshire Guidelines for World Language Learning K-College, published by the New Hampshire Association of World Language Teachers, as specified in Appendix II;

(2) In the area of written communication, the candidate shall have the ability to understand and create written materials in the target language for a variety of purposes and audiences;

(3) In the area of cultures, the candidate shall have the following knowledge and abilities as relating to target language societies:

a. Knowledge of customs and ranges of cultural expression, including but not limited to art, cuisine, and music;

b. Knowledge of representative types of literature including various literary themes and perspectives across authors, genres, and regions;

c. Knowledge of the history, geography, and contemporary events;

d. Knowledge of social structures, roles, and attitudes, such as family, education, work, and leisure; and

e. Knowledge of political systems and institutions;

(4) In the area of connections, the candidate shall have the ability to apply the target language to other content areas to reinforce and further the knowledge of other disciplines, including:

a. Knowledge of the range of career opportunities for speakers of more than one language;

b. Ability to describe and compare how basic sports and leisure activities are conducted in areas where the target language is spoken to these practices in the United States;

c. Ability to identify the currency and principal products of various target language countries;

d. Knowledge of and ability to use the target language to explain its structure; and

e. Knowledge that differences exist in language use among different social and regional groups in such areas as vocabulary, pronunciation, and level of formality; and

(d) Ability to compare and contrast cultural practices and social roles, such as ceremonies, and interpersonal relationships, among various countries where the target language is spoken.

History

#7924, eff 7-24-03; ss by #9306, eff 10-25-08, EXPIRED: 10-25-16
#12148, eff 3-24-17; renumbered by #12603 (formerly Ed 507.37)

N.H. Code Admin. R. Ann. Ed 507.39 Music Teacher {#sec-ed-507.39 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.39}

(a) To be considered for a music teacher Statement of Eligibility as outlined in Ed 505.05, a candidate shall have at least a bachelor's degree.

(b) To be eligible for licensure as a music teacher under any of the pathways described in Ed 505.04 through Ed 505.06 a candidate shall have the following skills, competencies, and knowledge:

(1) Personal musicianship and performance ability including:

a. Performing from notation with artistic expression and technical accuracy, either vocally or instrumentally, as a soloist and as a member of a musical ensemble;

b. Improvising to a structured harmonic accompaniment, idiomatically in at least one medium and style, including but not limited to jazz;

c. Performing and transposing on:

Piano; and
Guitar or other harmonic instrument;

d. Conducting various types of repertoire with accuracy, clarity, and musicianship; and

e. Researching, planning, and presenting a musical performance;

(2) Aural skills and theory including:

a. Hearing, analyzing, and correcting individual performances during rehearsals and classes;

b. Aurally recognizing a variety of historical and contemporary musical forms and genres;

c. Sight singing;

d. Notating music from listening;

e. Reading and writing music in:

Traditional notation using a variety of clefs; and
Non-traditional notation;

f. Making common transpositions;

g. Analyzing formal and expressive elements in written music; and

h. Composing and arranging music which exhibits appropriate instrumentation, voicing, level of difficulty, and style;

(3) Music history and culture including:

a. Describing the development of the Western music arts beginning with The Middle Ages;

b. Analyzing the role of music in a variety of cultures; and

c. Describing the music of a variety of cultures;

(4) K-12 general music pedagogy including:

a. Developing in students the ability to read and write music in traditional and non-traditional notation;

b. Guiding students to express themselves musically through singing, playing instruments, moving purposefully, improvising, composing, and arranging;

c. Developing in students the ability to describe, analyze and evaluate music and musical performances through a variety of methods including guided listening;

d. Creating sequential instruction in music history, its role in culture, and its relationship to other disciplines; and

e. Using current technologies and multimedia to:

Plan and prepare instruction;
Deliver instruction;
Provide opportunities for music students to create, perform, and respond; and
Amplify and augment performance; and

(5) K-12 music performance pedagogy including:

a. Developing in students the ability to sing and perform expressively alone and with others at a beginning level in healthy, age-appropriate ways including:

Tone production in the general and extended ranges of the voice including the changing voice;
Vocal techniques, including, but not limited to diction, breathing, and posture; and
Varied repertoire;

b. Developing in students the ability to play and perform expressively alone and with others at a beginning level on classroom instruments, beginning band, and orchestra instruments in healthy, age-appropriate ways including:

Tone production;
Articulation;
Fingerings; and
Transposition for commonly used instruments; and

c. Instructing, rehearsing, assessing and refining either:

Vocalists throughout their school career and in performances of choral music with knowledge of advanced techniques of:

(i) Tone production in the general and extended ranges of the voice including the changing voice;

(ii) Vocal techniques, including, but not limited to diction in English and in other world languages; and

(iii) Varied repertoire, including music of four or more parts, accompanied or a cappella; or

Instrumentalists throughout their school career in performances including advanced techniques of:

(i) Tone production;

(ii) Articulation;

(iii) Fingerings, including alternate fingerings; and

(iv) Transposition for less commonly used instruments.

History

#7924, eff 7-24-03; amd by #9306, eff 10-25-08; ss by #9939, INTERIM, eff 6-9-11, EXPIRED: 12-6-11
#10130, eff 5-18-12; renumbered by #12603 (formerly Ed 507.38), EXPIRED: 5-18-22; ss by #13487, eff 11-11-22

N.H. Code Admin. R. Ann. Ed 507.40 Special Education Teacher {#sec-ed-507.40 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.40}

(a) To be licensed as a special education teacher, the candidate shall have at least a bachelor’s degree.

(b) A candidate for licensure as a special education teacher shall have skills, competencies, and knowledge in the following areas:

(1) In the area of foundations, the ability to:

a. Describe the philosophies, historical perspectives, theories, models, federal law, state law, and case law related to knowledge and practice in general and special education;

b. Describe how philosophical and historical perspectives influence professional practice;

c. Describe the role of families in supporting the development of a student’s ability to learn, interact socially, communicate, and live as a contributing member of the community;

d. Describe the functions of schools, school systems, and other agencies and their relationships to general and special education; and

e. Identify the components of the Individuals with Disabilities Education Act of 2004 (IDEA) including a free and appropriate public education (FAPE) and least restrictive environment (LRE) in accordance with 34 CFR 300;

(2) In the area of the special education process, the ability to:

a. Describe the rights and responsibilities of schools, students, families, teachers, and other professionals related to the identification, placement, and services of students with disabilities in accordance with the procedural safeguards of Ed 1120 and 34 CFR 300.504;

b. Describe procedures and timelines for the referral, evaluation, and determination of eligibility for special education and related services and supplementary aids and services;

c. Identify and describe the range of formal and informal assessments, instruments, and results, and their purposes in the special education process for making educational decisions;

d. Collaboratively select, administer in native language or communication mode, or both, and interpret multiple formal and informal, culturally and linguistically appropriate measures and procedures that are valid and reliable, and understand their limitations;

e. Use findings from multiple assessments, including student self-assessment, that are responsive to cultural and linguistic diversity and specialized as needed to identify what students know and are able to do;

f. Write and present a formal evaluation report, including academic achievement reports and classroom observation;

g. Write and present a formal individualized education program (IEP) that includes:

Present levels of performance;
Measurable annual goals;
Accommodations, modifications, or both;
Transition plans;
Services; and
Placement;

h. Assess, analyze, interpret, and communicate a student’s progress towards measurable outcomes, using technology as appropriate, to inform both short- and long-term planning and make ongoing adjustments to instruction;

i. Describe the concept of LRE and the continuum of educational environments; and

j. Demonstrate understanding of the manifestation determination process;

(3) In the area of development and characteristics of learners, the ability to:

a. Apply understanding of human growth and development, the multiple influences on development, individual differences, diversity including exceptionalities, and families and communities to plan and implement inclusive experiences that provide individuals with exceptionalities high quality learning experiences reflective of each individual’s strengths and needs;

b. Apply understanding of the similarities and differences in human growth and development of individuals with and without disabilities within and across cognitive, developmental, functional, social, language, sensory, diversity, physical, and emotional and behavioral areas using developmentally appropriate practices;

c. Define the characteristics and their respective educational implications of all types of disabilities in federal statutes, federal regulations, RSA 186-C, and Ed 1100; and

d. Describe the influences of environment and coexisting conditions, disabilities, or both, in individuals;

(4) In the area of learning differences, the ability to:

a. Use and apply the results of individuals’ evaluations, assessments, and other information from a variety of sources including parents and students to identify academic, developmental, social, emotional, behavioral, functional skills, language, and post-secondary transition educational needs;

b. Demonstrate knowledge and understanding of the learning differences, preferences, and needs of students with disabilities using multiple influences of human growth and development in collaboration with team members in the development of IEPs;

c. Describe and apply how the learning differences, preferences, and needs of students with disabilities affect progress in the general curriculum, extracurricular activities, and other nonacademic areas;

d. Identify levels of special education services, supplementary aids and services, and support for school personnel to create inclusive instructional opportunities that accommodate diverse learning needs;

e. Describe and apply a variety of instructional strategies, modalities, modifications, and accommodations that can be used to support learning in the least restrictive environment; and

f. Describe the relationships among a student’s academic, social, emotional, behavioral, and functional abilities, attitudes, and interests in instruction, transition planning, and career development;

(5) In the area of learning and social environments, the ability to:

a. Incorporate evidence-based instructional frameworks to promote access, equity, inclusion, and respect for all students in the general education environment;

b. Identify and implement effective routines, clear expectations, and procedures to create and support inclusive, safe, caring, respectful, and productive learning environments;

c. Identify and implement a range of proactive and responsive practices including positive and constructive feedback that are documented as effective to support an individual’s social, emotional, and educational well-being;

d. Collaboratively select, administer, analyze, and interpret multiple measures of student’s learning, behavior, and the classroom environment to evaluate and adapt classroom settings, utilizing interventions, and adapting instruction that meets the diverse needs and strengths of all learners, especially those with disabilities;

e. Systematically use data from a variety of sources to identify the function served by problem behavior to plan, implement, and evaluate behavioral interventions; and

f. Design learning environments and implement activities to develop and foster a student’s self-advocacy, self-awareness, self-management, self-regulation, self-reliance, and self-esteem to promote independence and acquisition of executive functioning skills;

(6) In the area of instructional planning and strategies, the ability to:

a. Collaboratively plan and participate in a variety of instructional models to strengthen learning and achievement in the general curriculum for students with disabilities;

b. Incorporate supports, services, and supplementary aids, including equipment, materials, and assistive technology, across all environments;

c. Design and implement effective strategies that promote active student engagement, increase student motivation, and enhance self-regulation of a student’s learning;

d. Use high-leverage practices and evidence-based interventions and strategies from multiple approaches validated for specific characteristics of learners based on formative and summative assessment to create and implement lesson plans for academic, social, and behavioral content that are responsive to diverse backgrounds;

e. Support the implementation of annual measurable goals with specially designed instruction, accommodations, and modifications;

f. Provide specially designed instruction for students with disabilities to increase accuracy and proficiency in the areas of:

Reading and writing, including phonemic awareness, phonological awareness, rapid automatic naming speed, decoding, word recognition, spelling, and background knowledge;
Phonics;
Fluency;
Vocabulary;
Reading and listening comprehension; and
Written expression;

g. Provide specially designed instruction for students with disabilities to increase accuracy and proficiency in the areas of:

Counting and cardinality;
Operations and algebraic thinking;
Numbers and operations base ten;
Numbers and operations with fractions;
Measurement and data;
Geometry;
Ratios and proportional relationships;
The number system;
Functions; and
Statistics and probability;

h. Identify and explicitly teach executive functioning and social skills;

i. Identify and teach strategies for post-secondary transition in order to prepare individuals to live independently, cooperatively, and productively in society;

j. Apply individualized strategies to enhance language development and communication skills; and

k. Apply progress monitoring from ongoing assessment data to evaluate instruction and student performance, and make responsive adjustments to instruction or individual education plan;

(7) In the area of curricular content and knowledge, the ability to:

a. Apply theories and research that form the basis of curriculum development and instructional practices;

b. Apply state, local, or both content standards for planning, teaching, accommodating, and assessing to individualized learning across all settings;

c. Integrate technology related to curriculum content for planning and managing teaching and learning environments; and

d. Integrate effective social and life skills within the academic curriculum; and

(8) In the area of collaboration, the ability to:

a. Describe how culturally responsive communication, group facilitation, and problem-solving strategies are used to lead effective meetings and how team members share expertise and knowledge to build capacity and jointly address students’ instructional, social, and behavioral needs;

b. Collaborate, communicate, and coordinate with families, paraprofessionals, and other professionals within the educational setting to assess, plan, and implement effective programs and services that promote progress toward measurable outcomes for individuals with and without disabilities;

c. Collaborate, communicate, and coordinate with professionals and state and local agencies within the community to identify and access services, resources, and supports to meet the identified needs of individuals with disabilities and their families;

d. Collaborate and mentor paraprofessionals in the paraprofessionals’ role of supporting the education of individuals with disabilities and their families;

e. Advocate for appropriate services for students with disabilities; and

f. Foster respectful and beneficial relationships between families and professionals through the use of meaningful parent engagement.

(c) Each candidate for licensure as a special education teacher for students ages 5 to age 22 shall have the following skills, competencies, and knowledge through a combination of academic and clinical experiences:

(1) Skill in engaging students with and without disabilities from age 5 to age 22; and

(2) Ability to engage in the full range of teaching activities, roles, and responsibilities encountered in the school and community settings of a student with disabilities.

(d) Special education licensure shall qualify a teacher to:

(1) Teach specially designed instruction to students with disabilities whose placement is along the continuum of alternative educational environments in accordance with Ed 1111.03, but does not require the specialized knowledge and skills of an educator with a categorical endorsement as defined in Ed 507.42 through Ed 507.47; and

(2) Teach curriculum, aligned to alternative academic standards, in consultation with licensed content area teachers, to children with disabilities.

History

#8024, eff 7-1-04; ss by #9991, eff 9-16-11, EXPIRED: 9-16-19; renumbered by #12603 (formerly Ed 507.39)
#12898, INTERIM, eff 10-11-19, EXPIRED: 4-8-20
#13023, Emergency Rule, eff 4-9-20, EXPIRES: 10-6-20; ss by #13099, eff 9-11-20; ss by #14617, eff 6-12-26, EXPIRES: 6-12-36

N.H. Code Admin. R. Ann. Ed 507.41 Early Childhood Special Education Teacher {#sec-ed-507.41 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.41}

(a) To be licensed as an early childhood special education teacher, the candidate shall have at least a bachelor’s degree;

(b) A candidate for licensure as early childhood special education teacher for children from birth through grade 3 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of foundations, the candidate shall have the ability to:

a. Describe the philosophies, historical perspectives, theories, models, federal law, state law, and case law related to knowledge and practice in early childhood education and special education;

b. Understand how philosophical and historical perspectives influence professional practice;

c. Understand the role of families in supporting the development of a young child’s ability to learn, interact socially, and live as a contributing member of the community;

d. Understand the functions of early childhood settings, schools, school systems, community systems, and other agencies and their relationships to early childhood education and special education; and

e. Understand the components of a legally defensible education program;

(2) In the area of development and characteristics of learners, the candidate shall have the ability to:

a. Describe the similarities and differences in human growth and development of young children with and without disabilities, within and across cognitive, academic, developmental, social, emotional and behavioral, temperament, language, sensory, diversity, and physical areas;

b. Define the characteristics and their respective educational implications of all types of disabilities as described in federal statutes, federal regulations, and Ed 1100;

c. Demonstrate knowledge and understanding diversity, families, communities, gender, and society that influence learning; and

d. Demonstrate understanding of the influence of environment, co-existing conditions, and disabilities on young children;

(3) In the area of learning differences, the candidate shall have the ability to:

a. Understand and utilize the results of a young child’s evaluations, assessments, and other information from a variety of sources, including parents and young children, to identify academic, developmental, social, emotional, behavioral, and functional skills;

b. Demonstrate knowledge and understanding of the learning differences, preferences, and needs of young children with disabilities including multiple influences of human growth and development in collaboration with team members in the development of individualized family service programs (IFSP) and individualized education programs (IEP);

c. Understand how the learning differences, preferences, and needs of young children with disabilities affect progress in preschool activities, the general curriculum, extracurricular activities, and other nonacademic areas;

e. Understand and utilize the diverse range of a young child’s approaches to learning and the range of modifications and accommodations that can be used to support learning;

f. Understand the concept of least restrictive environment and the continuum of educational environments; and

g. Recognize the relationships among a young child’s academic, social, emotional, behavioral and functional abilities, attitudes and interests on the activities of young children and instruction;

(4) In the area of learning and social environments, the candidate shall have the ability to:

a. Incorporate research based instructional frameworks to promote access, equity, and respect for all children in the early childhood and general education environments;

b. Use effective routines, clear expectations and procedures to create safe, caring, respectful, and productive learning environments;

c. Use of range of preventive and responsive practices documented as effective to support individuals’ social, emotional, and educational well-being;

d. Collaboratively select, administer, analyze, and interpret multiple measures of a young child’s learning, behavior, and the classroom environment to evaluate and adapt classroom settings utilizing interventions and adapting instruction;

e. Structure learning environments and activities to develop and foster a young child’s self-awareness, self-management, self-regulation, self-reliance, and self-esteem; and

f. Provide positive and constructive feedback to guide a young child’s learning and behavior;

(5) In the area of assessment, the candidate shall have the ability to:

a. Understand the federal law, state law, and administrative rules pertaining to young children with disabilities, for required assessments and qualified examiners by disability type for the evaluation of young children with disabilities as part of assessment related to the special education process;

b. Understand early childhood services and supports, birth up to age 3, and the transition process from the IFSP to the IEP by age 3;

c. Understand procedures and timelines for the referral, evaluation, and determination of eligibility for special education and related services;

d. Understand and utilize the range of informal assessments, instruments, and results and their purpose in the special education process for making educational decisions;

e. Collaboratively select, administer in native language, or communication mode, or both, and interpret multiple formal and informal, culturally and linguistically appropriate measures and procedures that are valid and reliable, understand their limitations, and demonstrate the ability to write a formal report;

f. Systematically use data from a variety of sources to identify the function served by problem behavior to plan, implement, and evaluate behavioral interventions; and

g. Assess, analyze, interpret, and communicate a young child’s progress towards measurable outcomes, using technology as appropriate, to inform both short- and long-term planning and make ongoing adjustments to instruction.

(6) In the area of instructional planning and strategies, the candidate shall have the ability to:

a. Collaboratively plan and participate in best practices in co-teaching to strengthen learning and achievement in preschool activities, home setting, and the general education curriculum for young children with disabilities;

b. Incorporate supports, services, and supplementary aids, including equipment, materials, and assistive technology, across all environments;

c. Design and implement effective strategies that promote active engagement, increase

motivation, and enhance self-regulation of a young child’s learning;

d. Utilize evidence-based interventions and strategies from multiple approaches validated for specific characteristics of learners based on formative and summative assessment, to create and implement lesson plans for academic, social, and behavioral content that are responsive to diverse backgrounds;

e. Support the implementation of annual measurable goals, with specially designed instruction, accommodations, and modifications;

f. Provide specially designed instruction in order to increase accuracy and proficiency in basic social-emotional, early language/communication, early literacy, early writing, and early numeracy skill development for young children with disabilities;

g. Identify and explicitly teach foundations of learning, executive functioning, and social skills;

h. Use individualized strategies to enhance language development and communication skills; and

i. Use progress monitoring from ongoing assessment data to evaluate instruction and a young child’s performance, and make responsive adjustments to instruction, individual family support program, or individual education program;

(7) In the area of curricular content and knowledge, the candidate shall have the ability to:

a. Use theories and research that form the basis of play-based learning, preschool activities, curriculum development, and instructional practices;

b. Use state and local content standards or guidelines for planning, teaching, accommodating, and assessing to individualize learning across all settings;

c. Use technology related to curriculum content for planning and managing teaching and learning environments; and

d. Integrate effective social and life skills within the early childhood setting;

(8) In the area of professional practice, the candidate shall have the ability to:

a. Identify organizations and publications relevant to young children with disabilities;

b. Identify sources of unique services, networks, and organizations for young children with disabilities;

c. Describe the rights and responsibilities of schools, young children, families, teachers, and other professionals related to the identification, placement, and services of young children with disabilities in accordance with procedural safeguards of Ed 1120 and 34 CFR 300.504, May 2017, as referenced in Appendix II; and

d. Understand how issues of human diversity can impact families, cultures, and schools in the delivery of special education services; and

(9) In the area of collaboration, the candidate shall have the ability to:

a. Utilize communication, group facilitation, and problem-solving strategies in a culturally responsive manner to lead effective meetings and share expertise and knowledge to build team capacity and jointly address a young child’s instructional and behavioral needs;

b. Collaborate, communicate, and coordinate with families, paraprofessionals, and other professionals across all educational settings to assess, plan and implement effective programs and services that promote progress toward measurable outcomes for young children with and without disabilities and their families;

d. Advocate for and secure appropriate services for young children with disabilities; and

e. Foster respectful and beneficial relationships between families and professionals through the use of meaningful parent engagement;

(c) Each candidate for licensure as an early childhood special education teacher for young children from birth through grade 3 shall have the following skills, competencies, and knowledge through a combination of academic and supervised field-based experiences:

(1) Skill in engaging with young children with and without disabilities from birth through grade 3; and

(2) Ability to engage in the full range of teaching activities, roles, and responsibilities encountered in the school and community settings of a young child with disabilities;

(d) Early childhood special education licensure shall qualify a teacher to provide special education services to young children with disabilities:

(1) For young children from birth through age 3, who receive early supports and services;

(2) For young children from age 3 up to kindergarten, whose placement is in an early childhood program or an early childhood special education program; and

(3) For young children in kindergarten through grade 3, who are eligible to receive special education services and who are able to benefit from general and special education but do not require the specialized knowledge and skills of an educator certified under one or more of the programs defined in Ed 507.42 through Ed 507.47; and

(e) “General education,” as used in (d)(3) above means instruction in a setting that has the inclusion of children with disabilities in proportion to their presence in the general population utilizing the curriculum of the elementary school and taught by a certified elementary or early childhood teacher, with supports from special education personnel, as necessary.

History

#9991, eff 9-16-11; renumbered by #12603 (formerly Ed 507.391), EXPIRED: 9-16-19
#12898, INTERIM, eff 10-11-19, EXPIRED: 4-8-20
#13023, Emergency Rule, eff 4-9-20, EXPIRES: 10-6-20; ss by #13099, eff 9-11-20

N.H. Code Admin. R. Ann. Ed 507.42 Special Education Teacher in Area of Intellectual Developmental Disabilities {#sec-ed-507.42 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.42}

To be certified as teacher in the area of intellectual developmental disabilities, including the autism spectrum disorder, the candidate shall:

(a) Have at least a bachelor's degree and certification in general special education under Ed 507.40; and

(b) Have the following knowledge, skills, and dispositions through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of foundations, the ability to:

a. Describe issues related to the identification of individuals with intellectual developmental disabilities;

b. Describe the continuum of placement and services available for individuals with intellectual developmental disabilities; and

c. Identify the historical trends and practices in the field of intellectual developmental disabilities;

(2) In the area of development and characteristics of learners, the ability to:

a. Identify the causes and theories of intellectual developmental disabilities and implications for prevention;

b. Explain the medical aspects of intellectual developmental disabilities and their implications for learning; and

c. Describe the psychological, social, emotional, and movement characteristics of individuals with intellectual developmental disabilities;

(3) In the area of individual learning differences, the ability to:

a. Align individualized educational programs (IEPs) with current evidence-based research;

b. Use informal and formal evaluations to develop IEPs;

c. Explain the complex interrelationships among differences in behavior, communication, sensory and movement capabilities, and cultural differences in developing IEPs;

d. Explain the impact of intellectual developmental disabilities on behavior;

e. Identify an individual's needs for medical support services; and

f. Describe levels of support related to the needs of an individual;

(4) In the area of instructional strategies, the ability to:

a. Utilize a variety of evidence-based instructional methods and specialized materials to teach individuals and help them generalize new knowledge, skills, and dispositions;

b. Design and coordinate typical and specialized supports in the classroom, school, and community in the areas of curriculum, instruction, communication, assistive technology, and medical and related services; and

c. Construct a graduation planning continuum that leads to an individual's participation in a variety of typical adult roles and integrated community environments such as postsecondary education, work, housing, and community living;

(5) In the area of learning environments and social interactions, the ability to:

a. Develop learning environments that include individuals with intellectual developmental disabilities in age-appropriate, general education classrooms in local schools and community-based settings;

b. Identify barriers, including, but not limited to, attitudes, educational practices, communication methods, transportation, and physical barriers, to the development of an individual's social relationships and develops strategies for avoiding or overcoming them;

c. Facilitate interactions between individuals with intellectual developmental disabilities, their age-appropriate classmates without disabilities, and other peers in order to develop, maintain, and enhance social and communicative relationships;

d. Identify opportunities and facilitate support for an individual's participation in typical extra- and co-curricular activities, based on the individual's interests and desires;

e. Demonstrate knowledge of transfer, lifting, positioning, and feeding techniques; and

f. Use assistive technology in learning environments;

(6) In the area of language, the ability to:

a. Describe the role of augmentative communication in developing an individual's problem-solving and social interactions skills;

b. Integrate a variety of augmentative communication symbols, modes, aids, and techniques that support an individual's active participation, learning, and communication in the general curriculum, in the general education classroom, during typical school routines, and in the community; and

c. Plan instruction on the use of augmentative communication systems;

(7) In the area of instructional planning, the ability to:

a. Collaborate and plan with others, including, but not limited to, parents, general education teachers, related service providers, school nurses, paraeducators, and appropriate members of the community, to develop IEPs that reflect goals based on the content of the general education curriculum, including, but not limited to:

Subject matter knowledge from general curriculum subject areas;
Literacy, including functional literacy;
Social skills;
Vocational planning and career skills, including driver education;
Community service learning;
Skills for community living;
Self-determination and self-advocacy; and
General learning habits and behaviors;

b. Design positive approaches to challenging behavior and support teams in their implementation of individualized student support plans;

c. Identify model programs for individuals with intellectual developmental disabilities, including postsecondary education or career transition;

d. Select and use specialized instructional strategies appropriate to individuals with intellectual developmental disabilities;

e. Design and implement sensory supports for individuals with intellectual developmental disabilities;

f. Plan instruction for independent functional life skills relevant to the community, personal living, sexuality, postsecondary education, and employment;

g. Plan and implement appropriate instruction based on an individual's chronological age, abilities, and high expectations for learning; and

h. Design, implement, and evaluate instructional programs that enhance social participation across environments;

(8) In the area of assessment, the ability to:

a. Assess an individual's learning and communication styles, strengths, and needs using a variety of authentic assessment strategies, including, but not limited to:

Criterion-based assessments;
Ecological inventories;
Play-based assessments;
Futures planning assessments; and
Other classroom or typical activity-based strategies;

b. Assess the factors that affect learning and communication, including, but not limited to:

The physical and sensory environments;
The curriculum;
Instructional methods;
Individual characteristics;
Family and cultural factors; and
Classmates' and teachers' attitudes;

c. Conduct comprehensive functional behavioral assessments;

d. Identify opportunities for learning and communication in a variety of environments, including, but not limited to:

General education classrooms;
Typical school routines and activities; and
Extracurricular activities in the community and at home;

e. Develop meaningful documentation procedures to evaluate an individual's learning and communication skills and provide this information for general education and alternate assessment purposes;

f. Evaluate educational programs in order to:

Improve team collaboration;
Enhance the effectiveness of supports; and
Maximize achievement; and

g. Identify environmental assessment conditions that promote maximum performance of individuals with intellectual developmental disabilities;

(9) In the area of professional practice, the ability to:

a. Identify organizations and publications in the field of intellectual developmental disabilities;

b. Participate in the activities of professional organizations in the field of intellectual development.al disabilities; and

c. Understand laws and policies regarding identification and placement procedures for individuals with intellectual developmental disabilities; and

(10) In the area of collaboration, the ability to:

a. Demonstrate leadership skills to promote:

An individual's:

(i) Access to and achievement within the general curriculum in the general education classroom;

(ii) Learning of functional life skills;

(iii) Development of social relationships; and

(iv) Access to and use of augmentative and alternative communication and assistive technology; and

General school reform and systems change;

b. Provide facilitation and leadership to teams, including, but not limited to, parents, general education teachers, related service providers, school nurses, and paraeducators, as they plan, implement, and evaluate individuals' educational programs;

c. Collaborate with others to secure funding for augmentative communication and other learning and assistive technology and facilitate their optimum functioning through regular maintenance and service;

d. Coordinate and provide professional development and, when appropriate, supervision, for professionals, administrators, paraeducators, family members, and the general community in the areas of quality education and communication supports for individuals with intellectual developmental disabilities; and

e. Collaborate and promote the development of leadership skills of individuals' families by connecting them with self-advocacy and community resources.

History

#8229, eff 12-17-04; ss by #9157, eff 7-1-08; ss by #11153, eff 8-16-16; renumbered by #12603 (formerly Ed 507.40)

N.H. Code Admin. R. Ann. Ed 507.43 Special Education Teacher in Area of Deaf and Hearing Disabilities {#sec-ed-507.43 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.43}

To be certified as teacher in the area of deaf and hearing disabilities, the candidate shall:

(a) Have at least a bachelor's degree; and

(b) Have the following knowledge, skills, and dispositions through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of foundations, the ability to:

a. Identify models, theories, and philosophies that provide the basis for educational practice for individuals who are deaf or have hearing disabilities;

b. Articulate educational definitions, identification criteria, labeling issues, incidence, and prevalence figures for individuals who are deaf or have hearing disabilities;

c. Identify etiologies of hearing loss that can result in additional sensory, motor, or learning differences;

d. State issues and trends in the field of education of individuals who are deaf or have hearing disabilities;

e. Identify major contributors to the field of education of individuals who are deaf or have hearing disabilities;

f. Apply theories, philosophies, and models of practice to the education of individuals who are deaf or have hearing disabilities;

g. Explain basic audiological principles; and

h. Identify:

Amplification systems, including, but not limited to, personal hearing aids and cochlear implants; and
Assistive listening devices, including, but not limited to, C-print, CART, and relay services;

(2) In the area of development and characteristics of learners, the ability to:

a. Apply theories of cognitive development of individuals who are deaf or have hearing disabilities;

b. Identify characteristics and effects of the cultural and environmental milieu on an individual with hearing loss and the individual's family;

c. integrate current knowledge about the effects of various medications and medical and technological advancements on individuals with hearing loss;

d. Explain the hierarchy of auditory development; and

e. Describe the impact of the age of onset of hearing loss, age of identification, incidental learning, and provision of services on the development of the individual who is deaf or has hearing disabilities;

(3) In the area of individual learning differences, the ability to:

a. Analyze the impact of educational placement options with regard to cultural identity and linguistic, academic, social, and emotional development;

b. Assess the cultural implications of hearing loss that may impact an individual;

c. Apply information on the cognitive, physical, cultural, social, academic, and emotional characteristics of children who have special needs in addition to hearing loss; and

d. Evaluate the impact of various hearing losses, including, but not limited to, unilateral, hard of hearing and deaf, on an individual's social, emotional, cognitive, and language development;

(4) In the area of instructional strategies, the ability to:

a. Demonstrate the language used to teach an individual who is deaf or who has hearing disabilities specific to the methodology determined by the individualized education program or 504 team;

b. Integrate the sources of specialized instructional and assessment materials for an individual who is deaf or has hearing disabilities;

c. Select the appropriate procedures and technologies consistent with a variety of philosophies necessary to educate individuals who are deaf or have hearing disabilities;

d. Prepare individuals who are deaf or have hearing disabilities in the use of interpreters, note takers, peer tutors, amplification devices, and assistive listening devices;

e. Apply various applicable language teaching strategies to the needs of an individual;

f. Implement educational designs and practices of various programming options for individuals who are deaf or have hearing disabilities;

g. Select appropriate auditory training techniques that will maximize residual hearing for deaf or individuals with hearing disabilities; and

h. Maintain and troubleshoot hearing aids, cochlear implants, and FM systems using radio broadcast technology;

(5) In the area of learning environments and social interactions, the ability to:

a. Promote the processes for establishing ongoing interactions of individuals who are deaf or hard of hearing with peers and role models who are deaf or hard of hearing;

b. Promote opportunities for interaction with communities of individuals who are deaf or hard of hearing on local, state, and national levels;

c. Make accommodations to the instructional environment to meet the physical, cognitive, cultural, social, and communication needs of the individual who is deaf or hard of hearing;

d. Promote incidental language experiences to fit the visual and other sensory needs of individuals who are deaf or hard of hearing; and

e. Design a classroom environment that maximizes opportunities for visual or auditory teaming, or both, for individuals who are deaf or hard of hearing via:

Daily routines;
Improving classroom acoustics;
Limiting distance, noise, and reverberation; and
Suggesting modifications and accommodations as necessary;

(6) In the area of communication, the ability to:

a. Demonstrate fluency in communication approaches salient to the individual who is deaf or hard of hearing that are necessary to enhance cognitive, emotional, and social development;

b. Evaluate the communication approaches salient to the individual who is deaf or hard of hearing; ·

c. Apply the various components of nonlinguistic and linguistic communication used by individuals who are deaf or hard of hearing;

d. Apply strategies to facilitate cognitive and communicative development in individuals who are deaf or hard of hearing;

e. Develop communication between the individual who is deaf or hard of hearing and his or her family or community; and

f. Select appropriate communication strategies and resources to facilitate understanding of subject matter for students whose primary language is not English;

(7) In the area of instructional planning, the ability to:

a. Identify and evaluate programs, including career, vocational and transition, for individuals who are deaf or hard of hearing;

b. Select, design, and use technology, materials, and resources required to educate individuals who are deaf or hard of hearing;

c. Integrate speech skills, as consistent with the individual's ability and the program's educational philosophy, into all areas of the curriculum;

d. Modify instruction for individuals who are deaf or hard of hearing and who have multiple disabilities and special needs;

e. Define roles and responsibilities of the educational interpreter related to instruction, intervention, and direct service; and

f. Prepare individuals to self- advocate as related to hearing loss;

(8) In the area of assessment, the ability to:

a. Explain specialized technology used in assessing individuals who are deaf or hard of hearing;

b. Utilize the specialized materials and procedures for evaluation, eligibility, placement, and program planning for individuals who are deaf or hard of hearing;

c. Gather and analyze verbal and nonverbal communication samples;

d. Articulate the specialized policies on referral and placement procedures for individuals who are deaf or hard of hearing;

e. Report assessment results using effective communication;

f. Evaluate instruction and monitor progress of individuals who are deaf or hard of hearing;

g. Develop or modify individualized assessment strategies;

h. Use performance data and informal input from students, parents, educators, and administrators to do the following for individuals who are deaf or hard of hearing:

i. Identify appropriate modifications in the learning environment;

Develop instructional assessment strategies;
Evaluate results of instruction and appropriateness of program options; and
Assess developmental skill levels in the domains of cognition, language, motor, and social emotional development;

(9) In the area of professional practice, the ability to:

a. Promote appropriate roles and responsibilities of teachers and support personnel in educational practice for individuals who are deaf or hard of hearing;

b. Model adherence to professional conduct and confidentiality policies;

c. Participate in professional development activities to increase knowledge and skills related to educating and communicating with individuals who are deaf or hard of hearing; and

d. Utilize the knowledge of the various organizations and publications relevant to the field of education of individuals who are deaf or hard of hearing; and

(10) In the area of collaboration, the ability to:

a. Understand the various services, networks, and organizations available to individuals who are deaf or hard of hearing at the local, state and national levels;

b. Coordinate support personnel to meet the diverse communication needs of the individual who is deaf or hard of hearing;

c. Provide families with resources, knowledge, skills, and support to make choices regarding communication modes, philosophies, and educational options across the lifespan;

d. Promote effective communication and collaboration with individuals with exceptional teaming needs, including families, school personnel, and community members;

e. Collaborate with school personnel, parents, clinical personnel, and community members in integrating individuals with exceptional learning needs into various settings;

f. Model techniques and coach others in the use of instructional methods and accommodations;

g. Demonstrate the ability to impart specific knowledge of the needs of deaf and hard of hearing individuals to educational staff; and

h. Support instruction in the regular education classroom by observing, evaluating, and providing specific knowledge to educational and support staff.

History

#8229, eff 12-17-04; ss by #9157, eff 7-1-08; ss by #11153, eff 8-16-16; renumbered by #12603 (formerly Ed 507.41)

N.H. Code Admin. R. Ann. Ed 507.44 Special Education Teacher in Area of Emotional and Behavioral Disabilities {#sec-ed-507.44 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.44}

To be certified as teacher in the area of emotional and behavioral disabilities, the candidate shall:

(a) Have at least a bachelor's degree and certification in general special education under Ed 507.40; and

(b) Have the following knowledge, skills, and dispositions through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of foundations, the ability to:

a. Understand law, policies, and principles regarding behavior management, planning, and implementation;

b. Understand legal, judicial, and educational systems as related to emotional and behavioral disabilities, including handling confidential information as required by laws and regulations;

c. Understand principles of normalization and concept of least restrictive environment for individuals with emotional and behavioral disabilities; and

d. Understand the theory of reinforcement techniques in serving individuals with emotional and behavioral disabilities;

(2) In the area of development and characteristics of learners, the ability to:

a. Demonstrate knowledge of the etiology and identification of emotional and behavioral disabilities;

b. Understand current trends and treatment of physical development, disability, and health impairments related to individuals with emotional and behavioral disabilities; and

c. Demonstrate an understanding of the social characteristics of individuals with emotional and behavioral disabilities;

(3) In the area of individual learning differences, the ability to:

a. Recognize variations in beliefs, traditions, and values across and within cultures and their effects on relationships among individuals with emotional and behavioral disabilities and their families in a school setting; and

b. Demonstrate an understanding of the learning differences among individuals from culturally diverse backgrounds;

(4) In the area of instructional strategies, the ability to:

a. Identify and use appropriate specialized materials for individuals with emotional and behavioral disabilities;

b. Implement prevention and intervention strategies for individuals at risk of emotional and behavioral disabilities;

c. Consider the advantages and limitations of instructional strategies and practices for teaching individuals with emotional and behavioral disabilities;

d. Use a variety of resources and techniques while transitioning individuals with emotional and behavioral disabilities into and out of school and post-school environments; and

e. Utilize strategies for integrating student-initiated learning experiences into ongoing instruction for individuals with emotional and behavioral disabilities;

(5) In the area of learning environments and social interactions, the ability to:

a. Maintain consistent teacher attitudes and behaviors that influence behavior of individuals with emotional and behavioral disabilities;

b. Teach appropriate social skills needed for educational and other environments;

c. Understand the advantages and disadvantages of placement options and the continuum of services for individuals with emotional and behavioral disabilities;

d. Utilize functional classroom designs for individuals with emotional and behavioral disabilities;

e. Create a safe, equitable, positive, and supporting learning environment in which diversities are valued;

f. Identify realistic expectations for personal and social behavior in various settings and identify supports needed for successful integration;

g. Design learning environments that encourage active participation in individual and group activities by modifying the learning environment to manage behaviors;

h. Use the least intensive behavior management strategy consistent with the specific needs of an individual with emotional and behavioral disabilities;

i. Teach self-advocacy strategies and skills so that an individual with emotional and behavioral disabilities can be more proactive;

j. Structure, direct, and support the activities of paraeducators, volunteers, and tutors to support and encourage self-advocacy and increased independence;

k. Establish a consistent classroom routine for individuals with emotional and behavioral disabilities; and

l. Use skills in problem solving and conflict resolution;

(6) In the area of language, the ability to:

a. Consider the effects of cultural and linguistic differences on growth, development, and communication;

b. Understand the ways of behaving and communicating among cultures that can lead to misinterpretation and misunderstanding; and

c. Use strategies to support and enhance communication skills of individuals;

(7) In the area of instructional planning, the ability to:

a. Utilize theories and research for the basis of curriculum development and instructional practice relating to state-recommended curriculum;

b. Use technology for planning and managing the teaching and learning environment as related to emotional and behavioral disabilities;

c. Understand the roles and responsibilities of the paraeducator relating to instructional support, intervention, and direct service;

d. Design, locate, and use specialized materials for individuals with emotional and behavioral disabilities;

e. Use procedures to increase an individual's self-awareness, self-management, self control, self-reliance, self-esteem, and self-advocacy;

f. Use a variety of non-aversive techniques to control targeted behaviors and maintain attention of individuals with emotional and behavioral disabilities;

g. Plan and implement individualized reinforcement systems and environmental modifications at levels equal to the intensity of the behavior;

h. Integrate academic instruction, affective education, and behavior management for individuals and groups with emotional and behavior disabilities;

i. Involve the individual and family in setting instructional goals and monitoring progress;

j. Use functional assessments to develop intervention plans;

k. Integrate affective, social, and life skills with academic curricula;

l. Develop and select instructional content, resources, and strategies that respond to cultural, linguistic, gender, and individual differences;

m. Make responsive adjustments to instruction based on continual observations; and

n. Prepare individuals to react in a positive manner that reflects self-esteem in response to societal attitudes and actions;

(8) In the area of assessment, the ability to:

a. Understand and utilize basic terminology used in assessment of emotional and behavioral disabilities;

b. Utilize appropriate policies and procedures involved in the screening, identification, programming, and placement of individuals with emotional and behavioral disabilities including academic and social behaviors;

c. Understand types and importance of information concerning individuals with emotional and behavioral disabilities available in collaboration with families and public or private agencies;

d. Assess appropriate and problematic social behaviors of individuals with emotional and behavioral disabilities;

e. Use assessment information in making eligibility, program, and placement decisions for individuals with emotional and behavioral disabilities;

f. Collect, analyze, and interpret formal and informal assessment data to report to all stakeholders using effective communication skills; and

g. Monitor intragroup behavior changes from subject to subject and activity to activity applicable to individuals with emotional and behavioral disabilities;

(9) In the area of professional practice, the ability to:

a. Uphold high standards of competence and integrity and exercise sound judgment in the practice of the profession;

b. Conduct professional activities in compliance with applicable laws and policies as related to emotional and behavioral disabilities;

c. Demonstrate sensitivity for the culture, language, religion, gender, disability, socioeconomic status, and sexual orientation of individuals with emotional and behavioral disabilities;

d. Demonstrate knowledge of organizations and publications relevant to the field of emotional and behavioral disabilities; and

e. Participate in activities of professional organizations relevant to the field of emotional and behavioral disabilities; and

(10) In the area of collaboration, the ability to:

a. Understand services, networks, and organizations for individuals with emotional and behavioral disabilities and their transition into the community;

b. Provide parent education programs and behavior management guides that address severe behavioral problems and facilitate communication for individuals with emotional and behavioral disabilities; ·

c. Utilize collaborative and consultative roles of special and general educators in the integration or reintegration of individuals with emotional and behavioral disabilities;

d. Understand the role of professional groups and referral agencies in identifying, assessing, and providing confidential services to individuals with emotional and behavioral disabilities;

e. Understand and utilize elements of the community culture that promote effective communication and collaboration with individuals with emotional and behavioral learning needs, families, school personnel, and community members;

f. Maintain confidential communication about individuals with emotional and behavioral disabilities;

g. Foster respectful and beneficial relationships between families and professionals, including families with cultural diversity;

h. Collaborate with school personnel and community members in integrating individuals with emotional and behavioral disabilities into various settings;

i. Model techniques and coach others in the use of instructional methods;

j. Communicate with school personnel about the characteristics and needs of individuals with emotional and behavioral disabilities;

k. Observe, evaluate, and provide feedback to paraeducators and support them by providing documentation; and

l. Teach parents to use appropriate behavior management and counseling techniques.

History

#8229, eff 12-17-04; ss by #9157, eff 7-1-08; ss by #11153, eff 8-16-16; renumbered by #12603 (formerly Ed 507.42)

N.H. Code Admin. R. Ann. Ed 507.45 Special Education Teacher in Area of Specific Learning Disabilities {#sec-ed-507.45 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.45}

To be certified as a teacher in the area of specific learning disabilities, the candidate shall:

(a) Have at least a bachelor's degree and certification in general special education under Ed

507.40; and

(b) Have the following knowledge, skills, and dispositions through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of foundations, the ability to:

a. Understand philosophies, theories, models, and issues related to individuals with specific learning disabilities;

b. Understand laws and policies regarding pre-referral, referral, and placement procedures for individuals who might have specific learning disabilities; and

c. Understand current definitions, issues, and research related to the identification of individuals with specific learning disabilities;

(2) In the area of development and characteristics of learners, the ability to:

a. Understand the etiologies of specific learning disabilities;

b. Understand the neurobiological and medical factors that might impact the learning of individuals with specific learning disabilities;

c. Understand psychological, social, and emotional characteristics of individuals with specific learning disabilities;

d. Identify differing learning needs and styles of individuals with specific learning disabilities and implications on instructional design process;

e. Understand current research and trends concerning individuals with specific learning disabilities; and

f. Understand and consistently apply federal, state, and local criteria in the process of identification of individuals with specific learning disabilities;

(3) In the area of individual learning differences, the ability to:

a. Understand the impact of co-existing conditions and exceptionalities on individuals with specific learning disabilities;

b. Understand the impact of specific learning disabilities on core curriculum areas;

c. Understand how individual learning differences affect acquisition of knowledge;

d. Know current definitions and characteristics of individuals with specific learning disabilities and their effect on individuals' development and educational performance;

e. Recognize the effects of phonological awareness on the reading abilities of individuals with specific learning disabilities; and

f. Recognize the impact specific learning disabilities may have on auditory and information processing skills;

(4) In the area of instructional strategies, the ability to:

a. Identify and use methods for ensuring academic success for individuals with specific learning disabilities in the general curriculum in one-to-one, small group, and large group settings;

b. Provide appropriate high-quality, research-based instruction in genera! education settings consistent with the federal Elementary and Secondary Education Act (ESEA);

c. Use reading methods appropriate to an individual with learning disabilities;

d. Implement systematic instruction to teach accuracy, fluency, and comprehension in content area reading and written language;

e. Implement systematic instruction in teaching reading comprehension and monitoring strategies;

f. Use methods for increasing accuracy and proficiency in math calculations and math problem solving;

g. Use methods to teach mathematics appropriate to individuals with specific learning disabilities;

h. Use specialized methods for teaching basic skills;

i. Teach strategies for organizing and composing written products;

j. Demonstrate thorough knowledge of the structure of oral and written language and its influence on literacy;

k. Instruct appropriate strategies to prepare for and to take tests;

l. Use methods for teaching individuals to independently use cognitive processing to solve problems;

m. Use research-supported methods for academic and nonacademic instruction of individuals with specific learning disabilities;

n. Use methods for guiding individuals in identifying and organizing critical content;

o. Modify the pace of instruction and provide organizational cues;

p. Use instructional methods to strengthen and compensate for deficits in perception, comprehension, memory, and retrieval;

q. Identify and teach basic structures and relationships within and across curricula;

r. Integrate social skills instruction into the curriculum;

s. Use responses and errors to guide instructional decisions and provide feedback to learners;

t. Collect and use data to make adjustments to instruction and document progress;

u. Identify and teach essential concepts, vocabulary, and content across the general curriculum; and

v. Teach learning strategies and study skills to acquire academic content;

(5) For the area of learning environments and social interactions, the ability to:

a. Provide opportunities for meaningful and ongoing social interactions;

b. Teach skills to promote self-awareness, self-determination, and self-advocacy; and

c. Teach individuals with specific learning disabilities to give and receive meaningful feedback from peers and adults;

(6) In the area of language, the ability to:

a. Understand typical language development and how that might differ for individuals with specific learning disabilities;

b. Understand the impact of language development and listening comprehension on academic and non-academic learning of individuals with specific learning disabilities;

c. Enhance vocabulary development;

d. Teach strategies for spelling accuracy and generalization;

e. Teach methods and strategies for producing legible documents; and

f. Teach individuals with specific learning disabilities to monitor for errors in oral and written communications;

(7) In the area of instructional planning, the ability to:

a. Incorporate state and local curricular standards in the development and implementation of lesson plans to meet unique needs of individuals with specific learning disabilities;

b. Participate in curriculum development and utilize instructional practices based on research;

c. Challenge individuals with specific learning disabilities to high academic standards, with appropriate accommodations as needed;

d. Incorporate and implement instructional and assistive technology into the IEP as appropriate;

e. Make responsive adjustments to instruction based on continual observations and ongoing assessment;

f. Identify and prioritize areas of the general curriculum and accommodations to address individual needs based on the IEP;

g. Select appropriate specialized curricula, materials, and resources for individuals with specific learning disabilities;

h. Involve individual and family in setting instructional goals and monitoring progress;

i. Use functional behavioral assessments to develop intervention plans; and

j. Integrate affective, social, and life skills into academic curricula;

(8) In the area of assessment, the ability to:

a. Understand terminology and procedures used in the assessment of individuals with specific learning disabilities;

b. Understand the use and limitations of formal and informal assessment instruments;

c. Coordinate, interpret, and report assessment results to appropriate individuals using effective communication skills;

d. Understand factors that could lead to misidentification of individuals as having specific learning disabilities;

e. Understand and follow procedures to identify young children who may be at risk for specific learning disabilities;

f. Choose and administer assessment instruments appropriate to an individual with specific learning disabilities; and

g. Ensure participation of individuals with specific learning disabilities in state- and district-wide assessments;

(9) In the area of professional practice, the ability to:

a. Understand the responsibility to advocate for appropriate services for individuals with specific learning disabilities;

b. Identify knowledge of professional organizations and sources of information relevant to the field of learning disabilities;

c. Participate in activities of professional organizations relevant to the field of learning disabilities; and

d. Use research findings and theories to guide practice; and

(10) In the area of collaboration, the ability to:

a. Incorporate co-planning and co-teaching methods to strengthen content acquisition of individuals with specific learning disabilities;

b. Develop effective partnerships with families of individuals with specific learning disabilities;

c. Promote positive attitudes towards individuals with specific learning disabilities and their families; and

d. Develop and implement appropriate IEPs in collaboration with team members.

History

#9157, eff 7-1-08; ss by #11153, eff 8-16-16; renumbered by #12603 (formerly Ed 507.43)

N.H. Code Admin. R. Ann. Ed 507.46 Special Education Teacher in Area of Physical and Health Disabilities {#sec-ed-507.46 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.46}

To be certified as teacher in the area of physical and health disabilities, the candidate shall:

(a) Have at least a bachelor's degree and certification in general special education under Ed 507.40; and

(b) Have the following knowledge, skills, and dispositions through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of foundations, the ability to:

a. Identify issues, historical practices, and educational definitions of individuals with physical and health disabilities;

b. Identify laws and policies related to the provision of specialized health care in the educational setting; and

c. Articulate the services delivered to individuals with physical and health disabilities;

(2) In the area of development and characteristics of learners, the ability to:

a. Identify medical terminology related to physical and health disabilities;

b. Describe the etiology and characteristics of individuals with physical and health disabilities across the life span;

c. Identify secondary health care issues that accompany specific physical and health disabilities; and

d. Describe types and transmission routes of infectious and communicable diseases;

(3) In the area of individual learning differences, the ability to:

a. Apply current best practice research related to individuals with physical and health disabilities and the results of informal and formal evaluations into the development of students' educational programs;

b. Explain the complex interrelationships among behavior, communication, sensory, and movement differences and how culture mediates their expression; and

c. Describe the impact of physical and health disabilities on individuals, families, and society;

(4) In the area of instructional strategies, the ability to:

a. Utilize a variety of evidence-based instructional methods and individual and group instruction to:

Teach individuals with physical and health disabilities; and
Help individuals with physical and health disabilities generalize new knowledge, skills, and dispositions;

b. Design and coordinate natural and specialized supports in the classroom, school, and community in the areas of:

Curriculum
Communication;
Assistive technology, including both low and high technologies;
Instruction; and
Medical and related services;

c. Demonstrate awareness of principles, strategies, and equipment relating to the following areas and collaborate with others to provide support to individuals with physical and health disabilities in these areas:

Appropriate seating;
Personal care;
Sensory impairment;
Medical and health needs; and
Mobility;

d. Integrate graduation planning into the IBP for an individual's participation in a variety of typical adult roles and integrated community environments, including, but not limited to:

Postsecondary education;
Work;
Housing; and
Community living;

e. Demonstrate instructional practices, strategies, and adaptations necessary to accommodate the physical and communication characteristics of individuals with physical and health disabilities;

f. Identify sources of specialized materials, equipment, and assistive technology for individuals with physical and health disabilities; and

g. Demonstrate use of adaptations and assistive technology to provide individuals with physical and health disabilities full participation and access to the general curriculum;

(5) In the area of learning environments and social interactions, the ability to:

a. identify barriers to the development of individuals' social relationships and develop strategies for avoiding or overcoming them;

b. Facilitate interactions between individuals with disabilities, their age appropriate classmates without disabilities, and other peers in order to develop, maintain, and enhance social communicative relationships;

c. Identify opportunities and facilitate support for an individual's participation in typical extra- and co-curricular activities, based on the individual’s interests and desires;

d. Demonstrate understanding of specialized health care interventions for individuals with physical and health disabilities;

e. Identify barriers to accessibility and acceptance of individuals with physical and health disabilities;

f. Demonstrate use of techniques of physical management of individuals with physical and health disabilities to ensure participation in academic and social environments;

g. Demonstrate appropriate body mechanics to ensure individual and teacher safety in transfer, lifting, positioning, and seating;

h. Demonstrate use of positioning techniques to enhance participation; and

i. Facilitate understanding in assisting individuals to develop sensitivity toward those who have communicable diseases;

(6) In the area of language, the ability to:

a. Describe the unique role of communication by individuals who use augmentative and alternative communication and use advanced assessment and problem-solving skills to enhance their interactions with others; and

b. Integrate and promote the use of a variety of augmentative communication symbols, modes, aids, and techniques that support students' active participation, learning, and communication in the general curriculum, during typical school routines, and in the community;

(7) In the area of instructional planning, the ability to:

a. Collaborate with others, including, but not limited to, parents, general education teachers, related service providers, school nurse, paraprofessionals, and other members of the community who have professional contact with individuals with physical and health disabilities, to develop IEP that reflect individualized goals based on the content of the general education curriculum, including:

Subject matter knowledge from general curriculum subject areas;
Literacy, including functional literacy;
Social skills;
Vocational planning and career skills, including driver education;
Community service learning;
Skills for community living;
Self-determination and self-advocacy; and
General learning habits and behaviors;

b. Design positive approaches to challenging behavior and support teams in their implementation of individualized support plans;

c. Develop and use a technology plan based on assistive technology assessment;

d. Interpret sensory and physical information to create or adapt appropriate learning plans for individuals with physical and health disabilities;

e. Design and implement instructional programs that address independent living, postsecondary education, and career education for individuals with physical and health disabilities;

f. Design and implement curriculum and instructional strategies for medical self management procedures; and

g. Integrate an individual's health care plan into daily programming;

(8) In the area of assessment, the ability to:

a. Assess individuals' learning and communication styles, strengths, and needs using a variety of authentic assessment strategies, including, but not limited to:

Criterion-based assessments;
Play-based assessments;
Ecological inventories;
Futures planning assessments; and
Other classroom or typical activity-based strategies;

b. Assess the factors that affect learning and communication, including, but not limited to:

Physical and sensory environments;
The curriculum;
Instructional methods;
Individual characteristics; and
Attitudes of the family, culture, classmates, and teachers;

c. Conduct comprehensive functional behavioral assessments;

d. Identify opportunities for learning and communication in a variety of environments, including, but not limited to:

General education classrooms;
Typical school routines and activities;
Extracurricular activities;
In the community; and
At home;

e. Develop meaningful documentation procedures to evaluate individuals' learning and communication skills and provide this information for general education and alternate assessment purposes;

f. Evaluate educational programs in order to improve team collaboration, enhance the effectiveness of supports, and maximize student achievement;

g. Identify specialized terminology used in assessing individuals with physical and health disabilities;

h. Describe specialized policies on referral and placement procedures for individuals with physical and health disabilities;

i. Modify and adapt assessment procedures for use with individuals with physical and health disabilities; and

j. Monitor the effects of medication on individual performance;

(9) In the area of professional practice, the ability to:

a. Identify organizations and publications relevant to the field of education;

b. Integrate information about protocols and procedures to assist individuals with physical and health disabilities to participate in school and community activities; and

c. Participate in the activities of professional organizations in the field of physical and health disabilities; and

(10) In the area of collaboration, the ability to:

a. Demonstrate leadership skills to promote:

An individual's:

(i) Access to and achievement within the general curriculum in the general education classroom;

(ii) Learning of functional life skills;

(iii) Development of social relationships; and

(iv) Access to and use of augmentative and alternative communication and assistive technology; and

General school reform and systems change;

b. Provide intensive and sustained facilitation and leadership to teams, including, but not limited to, parents, general education teachers, related service providers, school nurses, and paraeducators as they plan, implement, and evaluate individuals' educational programs;

e. Collaborate and promote the development of leadership skills of individuals' families by connecting them with self-advocacy and community resources.

History

#9157, eff 7-1-08; ss by #11153, eff 8-16-16; renumbered by #12603 (formerly Ed 507.44)

To be certified as teacher in the area of blind and vision disabilities, the candidate shall:

(a) Have at least a bachelor's degree; and

(b) Have the following knowledge, skills, and dispositions through a combination of academic and supervised practical experiences in the following areas:

(1) In the area of foundations, the ability to:

a. Identify federal entitlements that provide specialized equipment and materials for individuals with blindness and vision disabilities;

b. Understand educational definitions, identification criteria, labeling issues, and incidence and prevalence figures for individuals with blindness and vision disabilities;

c. Understand basic terminology related to the structure, function, and development of the human visual system; and

d. Understand terminology related to diseases and disorders to the human visual system;

(2) In the area of development and characteristics of learners, the ability to:

a. Aid in the development of secondary senses when vision is impaired;

b. Observe effects of visual disability on development;

c. Understand the impact of visual disability on teaming and experience;

d. Understand the psychosocial aspects of visual disability; and

e. Understand the medical implications related to eye conditions;

(3) In the area of individual learning differences, the ability to understand the impact of other disabilities on individuals with blindness and vision disabilities;

(4) In the area of instructional strategies, the ability to:

a. Develop strategies for teaching:

Braille and Nemeth reading and writing;
Signature writing to individuals who are blind;
Listening and compensatory auditory skills;
Keyboarding skills;
Technology skills to individuals with blindness and vision disabilities;
Use of the abacus, talking calculator, tactile graphics, and adapted science equipment;
Basic concepts to individuals with blindness and vision disabilities;
Organization and study skills to individuals with blindness and vision disabilities;
Visual efficiency skills and use of print adaptations, optical aides, and non-optical devices;
Spatial concepts, body awareness, and familiarization techniques, including preparation for orientation and mobility instruction;
Tactual perceptual skills to individuals with blindness and vision disabilities;
Human sexuality to individuals with blindness and vision disabilities;
Adapted physical and recreational skills to individuals with blindness and vision disabilities;
Social, daily living, and functional life skills to individuals with blindness and vision disabilities; and
Career and vocational skills, including provision of vocational counseling for individuals with blindness and vision disabilities;

b. Develop techniques for modifying instructional methods and materials for individuals with blindness and vision disabilities;

c. Develop strategies to prepare students with progressive eye conditions to achieve a positive transition to alternative skills;

d. Prepare adapted or modified materials in Braille, accessible print, and other fonts;

e. Transcribe, proofread, and interline materials in contracted literary and Nemeth Braille materials;

f. Use Braillewriter, slate and stylus, and computer technology to produce Braille materials; and

g. Prepare individuals with blindness and vision disabilities to access information and services from the community;

(5) In the area of learning environments and social interactions, the ability to:

a. Observe the roles of paraeducators who work directly with individuals with blindness and vision disabilities;

b. Identify the role of classroom teacher; and

c. Enhance instruction for individuals with blindness and vision disabilities through modification of the environment;

(6) In the area of language, the ability to:

a. Understand the unique nature of communication by students who use augmentative and alternative communication and use advanced assessment and problem-solving skills to enhance their interaction with others;

b. Promote the use of a variety of augmentative communication symbols, modes, aids, and techniques, including, but not limited to, objects, letters, words, graphic language symbols, sign or gesture symbols, posture and gaze, communication boards and books, electronic and non-electronic communication devices, that support students' active participation, learning, and communication in the general curriculum, during typical school routines, and in the community; and

c. Develop strategies for teaching alternatives to nonverbal communication;

(7) In the area of instructional planning, the ability to:

a. Identify and develop relationships among assessment, IEP development, and placement as they affect vision-related services;

b. Understand programs for individuals with blindness and vision disabilities and principles of orientation and mobility;

c. Sequence, implement, and evaluate learning objectives based on the expanded core curriculum for individuals with blindness and vision disabilities; and

d. Obtain and organize special materials to implement instructional goals for individuals with blindness and vision disabilities;

(8) In the area of assessment, the ability to:

a. Use specialized terminology used in assessing individuals with blindness and vision disabilities;

b. Apply laws and policies for assessment of individuals with blindness and vision disabilities;

c. Identify and contact state and local policies on referral, identification, and placement procedures;

d. Use alternative evaluation techniques for individuals with blindness and vision disabilities;

e. Understand the interpretation and application of scores of assessments of individuals with blindness and vision disabilities;

f. Interpret eye reports and other vision-related diagnostic information;

g. Use disability-specific assessment instruments;

h. Adapt and use assessment procedures when evaluating individuals with blindness and vision disabilities;

i. Maintain disability-related records for individuals with blindness and vision disabilities; and

j. Interpret and use assessment data for instructional planning with individuals with blindness and vision disabilities;

(9) In the area of professional practice, the ability to identify organizations and publications relevant to the field of blindness and vision disabilities; and

(10) In the area of collaboration, the ability to:

a. Demonstrate leadership skills to promote:

An individual's:

(i) Access to and achievement within the general curriculum in the general education classroom;

(ii) Learning of functional life skills;

(iii) Development of social relationships; and

(iv) Access to and use of augmentative and alternative communication and assistive technology; and

General school reform and systems change;

History

#9157, eff 7-1-08; ss by #11153, eff 8-16-16; renumbered by #12603 (formerly Ed 507.45)

N.H. Code Admin. R. Ann. Ed 507.48 Credential Standards for Educational Personnel {#sec-ed-507.48 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.48}

RESERVED

History

#8229, eff 12-17-04 (renumbered by #9157, from Ed 507.40); ss by #10246, eff 12-21-12; renumbered by #12603 (formerly Ed 507.46); rpld by #13635, eff 5-12-23

N.H. Code Admin. R. Ann. Ed 507.49 Comprehensive Business Educator {#sec-ed-507.49 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.49}

(a) To be eligible for licensure as a comprehensive business educator, a candidate shall:

(1) Have at least a bachelor’s degree;

(2) Qualify for licensure under one of the alternatives in Ed 505.01-505.06;

(3) Meet the qualifications for licensure as a career and technical education teacher as provided in Ed 507.02; and

(4) Meet the requirements of (b) below.

(b) To be eligible for licensure as a comprehensive business educator, a candidate shall have the following skills, competencies, and knowledge through a combination of academic and supervised practical experiences:

(1) In the area of accounting, demonstrate the ability to:

a. Explain the role that accountants play in business and society;

b. Explain options for careers in the accounting profession;

c. Demonstrate the business and professional skills and competencies required to succeed in the accounting profession;

d. Analyze and interpret an annual report or a financial statement to make informed business decisions;

e. Assess the financial condition and operating results of a company and analyze and interpret financial statements to make informed business decisions;

f. State generally accepted accounting principles and practices (GAAP) and explain their impact on financial transactions, including:

Balance sheets;
Revenue and expense items;
Income taxation; and
Managerial systems;

g. Complete all steps of the accounting cycle and prepare financial statements for a proprietorship, partnership, and corporation;

h. Use planning and control procedures to evaluate the organization’s performance and apply differential analysis and present value concepts to make informed business decisions;

i. Prepare, interpret, and analyze financial statements using manual and computerized systems;

j. Explain the individual income tax procedures and requirements to comply with tax laws and regulations including the difference between GAAP and income tax law; and

k. Understand and apply legal and ethical principles pertaining to accounting;

(2) In the area of management and administration, demonstrate the ability to:

a. Analyze respectful, responsible, inclusive, and ethical behavior with the importance of the basic tenets of management theories in a business environment within a digital world;

b. Analyze various organizational structures and evaluate the advantages and disadvantages of each;

c. Identify and develop personal management skills to function effectively and efficiently in a business environment;

d. Explain human resource systems and functions and its importance to successful operations of a business venture;

e. Describe the role of organized labor and its influences on government and business;

f. Create a positive and safe work environment which allows managers and employees to have cooperative and positive relationships and promote conduct of business in a safe, ethical environment;

g. Apply generally accepted operations management principles and procedures in order to be able to design an operations plan;

h. Demonstrate the ability to use information and technology to conduct business efficiently and effectively for both in-person and electronic environments;

i. Analyze the competitive position of a company within a specific industry using internal and external data;

j. Apply principles and methods of decision making and mathematical operations from internal and external sources leading to quantitative and qualitative analysis;

k. Identify and react to issues of corporate and global culture and managing in global environments;

l. Differentiate between ethical and legal issues related to social responsibility and business management;

m. Explain the various management functions and their interrelationships; and

n. Apply legal and ethical principles pertaining to management and administration;

(3) In the area of business communications, demonstrate the ability to:

a. Actively use communication including listening, reading, researching, and using technology to efficiently communicate verbally and non-verbally;

b. Apply collaboration, leadership, and interpersonal skills to enhance professional relationships;

c. Prepare clear, concise, and professional written messages using appropriate business vocabulary;

d. Understand the impact of the cultural and global differences as they relate to interpersonal business relationships;

e. Use professional speaking techniques for individual and group communications; and

f. Apply legal and ethical principles pertaining to business communications;

(4) In the area of business law, demonstrate the ability to:

a. Describe the major types of business organizations, including sole proprietorships, partnerships, corporations, and limited liability companies, and operating within the socioeconomic arena of the national and international marketplace;

b. Apply knowledge relating to:

The relationship between ethics, social responsibility, and the law;
The sources of the law;
The structure of the court system;
The different classifications of procedural law;
The different classifications of substantive law;
Alternate dispute resolution; and
Criminal and tort law;

c. Describe and analyze the relationships among contract law, law of sales, and consumer law;

d. Analyze the role and importance of agency law and employment law, and the ability to apply such laws as they relate to the conduct of business in the national and international marketplaces;

e. Describe and apply legal rules that apply to personal property, real property, and intellectual property;

f. Apply advancements in computer technology and how they affect areas such as property law, contract law, criminal law, international law, intellectual law, tort law, intellectual property, and substantive law relevant to business areas and knowledge of other legal issues that affect business;

g. Apply legal and ethical principles pertaining to business law; and

h. Describe and analyze the functions of negotiable instruments, insurance, secured transactions, and bankruptcy;

(5) In the area of entrepreneurship, demonstrate the ability to:

a. Examine the role entrepreneurs play in economic systems and the unique personal characteristics possessed by successful entrepreneurs;

b. Identify trends in society that can lead to business opportunities;

c. Apply the data-driven financial concepts and tools needed by the entrepreneur in making business decisions, including but not limited to cost analysis and marketing strategies;

d. Develop a business and management plan needed to make data-driven business decisions;

e. Describe the different forms of management and ownership within an industry; and

f. Apply legal and ethical principles pertaining to entrepreneurship;

(6) In the area of economics and personal finance, demonstrate the ability to:

a. Apply the concepts of personal finance to make sound data-driven financial decisions as they apply to self, consumers, and workers;

b. Explain the different agencies that address consumer issues and concerns;

c. Apply a decision-making model to consumer economic principles relating to consumer purchases of goods and services to maximize satisfaction;

d. Apply financial decision-making models in the areas of taxes, budgeting, and investing;

e. Evaluate debit and credit options offered by financial institutions and other mechanisms of financial transactions;

f. Develop, balance, and evaluate a spending or savings plan;

g. Evaluate investment options to meet short- and long-term goals;

h. Analyze choices for and financing for post-secondary education; and

g. Apply legal and ethical principles pertaining to financial literacy;

(7) In the area of finance and economic systems, demonstrate the ability to:

a. Explain the features of different economic systems, including the major features of the United State economy;

b. Explain the role of exchange and money in an economic system;

c. Explain the role of government in an economic system, especially the role of government in the United States economy;

d. Explain the role of international trade and investment and international monetary relations in the global economy;

e. Apply basic economic principles as they relate to microeconomic and macroeconomic theories and principles; and

f. Apply legal and ethical principles pertaining to finance and economic systems;

(8) In the area of international business, demonstrate the ability to:

a. Explain why societies develop economic systems;

b. Identify the role of international business and its benefits and costs to all businesses, including domestic and international economies;

c. Apply principles of different economic systems and philosophies and recognize how differences in culture, language, values, technology, social media, and social behavior affect the ethical conduct of business across domestic and international borders;

d. Explain international business as it relates to ethics, finance, management, marketing, import and export trade concepts, communication, human resources, technology, social media, culture, and the environment;

e. Analyze the effect of interdependence on economic activity;

f. Illustrate the different types of competitive structures and the role of competitive markets in the United States and other economies;

g. Understand the importance of economic relationships among nations; and

h. Apply legal and ethical principles pertaining to international business;

(9) In the area of business information systems and technology applications, demonstrate the ability to:

a. Understand the development and impact of information technology and telecommunications on a diverse global society;

b. Analyze, use, cite, synthesize, evaluate, and apply information from technology sources to solve problems, increase productivity, and improve personal quality of life;

c. Apply learning principles as they relate to skill development when learning software applications;

d. Apply technology in communicating, collaborating, conducting research, and solving problems;

e. Apply the legal and ethical principles pertaining to information systems and technology applications; and

f. Understand the importance of respectful, responsible, and inclusive behavior in a digital world;

(10) In the area of marketing, demonstrate the ability to:

a. Recognize the customer-oriented nature of marketing and analyze the effect of marketing activities on the individual, business, and society;

b. Analyze the elements of a marketing mix, their interrelationships, and how they are used in the marketing process;

c. Conduct, prepare, and analyze marketing research in decision making;

d. Apply concepts in developing the elements, design, and purpose of marketing plans for various types of businesses using multiple media formats;

e. Understand and apply the processes and systems implemented to monitor, plan, and control the day-to-day activities required to maintain and improve operational functions;

f. Identify and analyze the characteristics, predispositions, and behaviors of consumers; and

g. Identify and analyze the impact of internal factors on the marketing process, such as:

Government and legal regulations;
Ethical implications;
Economic implications;
Competitions;
Stakeholders; and
Social and cultural implications; and

(11) In the area of career development, demonstrate the ability to:

a. Use knowledge from individual assessments to assist students with developing a comprehensive set of career goals;

b. Use knowledge of career services to assist students with developing a career portfolio addressing domestic and international careers;

c. Assist students with identifying the relationship between career readiness standards and career development;

d. Assist students with development of workplace communication and collaboration skills; and

e. Assist students with developing a transition plan from school to career.

History

#8229, eff 12-17-04 (renumbered by #9157, from Ed 507.41); ss by #10246, eff 12-21-12; renumbered by #12603 (formerly Ed 507.47); ss by #13635, eff 5-12-23

N.H. Code Admin. R. Ann. Ed 507.50 Comprehensive Family and Consumer Science Education Teacher {#sec-ed-507.50 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.50}

(a) To be certified as a comprehensive family and consumer science education teacher, an individual shall meet the qualifications for certification as a career and technical education teacher as provided in Ed 507.02 and meet the requirements of (b) and (c) below.

(b) In addition to the requirements of (c) below, a candidate for certification as a comprehensive family and consumer science education teacher shall have the following skills, competencies, and knowledge through a combination of academic and supervised practical experiences:

(1) In the area of human development, early childhood, and parenting, the candidate shall be able to:

a. Analyze principles of human growth and development throughout the lifespan;

b. Analyze and evaluate roles and responsibilities of parenting and parenting practices;

c. Identify strategies that promote growth and development over an individual's life span;

d. Identify external support systems that provide services for parents;

e. Identify career paths within the fields of human services and early childhood education;

f. Integrate curriculum and instruction to meet children's developmental needs and interests;

g. Create a safe and healthy learning environment and collaborative relationships with or for children;

h. Demonstrate knowledge of professional standards and practices related to working with children and families; and

i. Demonstrate knowledge of and appreciation for diverse perspectives, needs, and characteristics of individuals and families;

(2) In the area of family and interpersonal relationships, the candidate shall be able to:

a. Identify external community resources that provide services to parents and families;

b. Comprehend and apply knowledge of the development of interpersonal relationships;

c. Comprehend and utilize principles of social resources management;

d. Demonstrate understanding of cross-cultural communication styles; and

e. Demonstrate knowledge of family's needs and priorities throughout the life cycle;

(3) In the area of consumer education and resource management, the candidate shall be able to:

a. Identify essential family and individual needs for food, clothing, shelter, and nutrition and how families meet those essential needs in different ways;

b. Describe how the resources of time, energy, skill, and money are used to fulfill needs;

c. Describe effective consumer practices and personal resource management strategies;

d. Evaluate the effect of consumer practices on the environment; and

e. Analyze technologies available to families and evaluate their effect on family function; and

(4) In the area of nutrition, food preparation, and wellness, the candidate shall be able to:

a. Identify the factors that influence nutrition and wellness practices over an individual's lifespan;

b. Identify the nutritional needs of individuals and families at all different ages;

c. Identify the impact of science and technology on nutrition, food composition, and preparation safety;

d. Demonstrate knowledge of food safety and sanitation procedures within a foods lab setting; and

e. Acquire, prepare, and use foods to meet nutritional needs of individuals and families at all different ages.

(c) In addition to the requirements above, a candidate for certification as a comprehensive family and consumer science education teacher in New Hampshire shall have skills, competencies, and knowledge in one of the following areas through a combination of academic and supervised practical experiences:

(1) In the area of housing, interiors, textiles, and apparel management and design, the candidate shall be able to:

a. Identify the properties, characteristics, and uses of fibers and textiles;

b. Identify career opportunities in textiles, apparel, fashion, housing, and interiors industries;

c. Identify financial and legal aspects and industry standards impacted by local, state, and national housing policy issues;

d. Assess apparel decisions in terms of value, function, design, and appearance;

e. Apply elements and principles of design in the selection of textile and apparel products;

f. Define basic skills needed to produce, alter, and repair textile products and apparel;

g. Evaluate fibers, design concepts, and construction techniques in textile products;

h. Demonstrate evidence of skills and knowledge to teach students about safety of equipment used to produce, alter, and repair products and apparel within a lab setting;

i. Demonstrate knowledge related to decisions involving space allocations, space planning, and technological influences on housing and its environment; and

j. Compare architectural styles, furniture designs, and floor plans; or

(2) ln the area of hospitality, tourism, and facilities, the candidate shall be able to:

a. Explore the career opportunities in the hospitality and tourism industry;

b. Apply the concepts of service to meet customer expectations;

c. Identify organizational skills related to the management of functions, programs, events, and travel;

d. Demonstrate knowledge of housekeeping standards and procedures; and

e. Demonstrate knowledge of procedures and standards applied to safety, security, housekeeping, and environmental issues.

History

#8229, eff 12-17-04 (renumbered by #9157, from Ed 507.42); EXPIRED: 12-17-12
#11154, eff 8-16-16; renumbered by #12603 (formerly Ed 507.48)

N.H. Code Admin. R. Ann. Ed 507.51 Dance Teacher {#sec-ed-507.51 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.51}

A candidate for certification as a dance teacher shall have the following skills, competencies and knowledge through a combination of academic and supervised practical experiences in the following areas:

(a) In the area of content, process, and methodology of dance as an art form, the ability to:

(1) Embody artistic expression by:

a. Creating dances;

b. Performing technical skills in a variety of dance forms;

c. Critically analyzing and interpreting movement, dance techniques, and choreography; and

d. Incorporating personal experiences, research, and context into dance-making;

(2) Incorporate one's own artistic experience into creating dances and dance pedagogy; and

(3) Conceptualize and defend dance as an art form;

(b) In the area of distinguishing dance as an artistic, educational, socio-cultural, and theatrical experience, the ability to:

(1) Analyze and evaluate choreographic diversity by:

a. Experiencing a range of professional performances; and

b. Demonstrate different dance genres to expand personal movement vocabulary by giving a visible form to an idea or feeling; and

(2) Explore and manipulate movement material from a variety of sources and inspirations for various purposes, including, but not limited to, the environment, daily life and art forms other than dance; and

(3) Demonstrate how the production elements of lighting, sound, costuming, or setting can contribute to the meaning of a dance or dance event;

(c) In the area of dance history and culture, the ability to relate historical and cultural context to dance techniques, styles, or choreography; and

(d) In the area of dance pedagogy, the ability to:

(1) Employ a variety of dance instructional methods, including:

a. Functional alignment;

b. Imagery;

c. Verbal prompts and instructions;

d. Accurate technical demonstration, either personally or through example; and

e. Observation and self-reflection to improve somatic learning;

(2) Design compositional and improvisational structures to explore dance concepts and communicate meaning;

(3) Apply the choreographic process by:

a. Guiding students in the development of a movement vocabulary based on the elements of dance;

b. Engaging students in a purposeful dance creation using choreographic devices to communicate meaning; and

c. Applying appropriate dance terminology to describe, analyze, interpret, and evaluate dance;

(4) Employ various methods of critique for reflecting on, revising, and improving work, including:

a. Self-reflection;

b. Peer to peer; and

c. Teacher to student;

(5) Develop safe movement practices by:

a. Fostering safe dance practices by applying principles of anatomy and kinesiology;

b. Embedding injury prevention strategies into instructional practices;

c. Designing physically safe spaces where planned and spontaneous activities can occur; and

d. Communicating the importance of nutrition and hydration for developing and maintaining strong, healthy, and engaged minds and bodies; and

(6) Describe and advocate for a comprehensive K-12 dance program that:

a. Develops dance skills and concepts sequentially over time;

b. Aligns with local, state, and national standards detailed in the 2014 National Core Arts Standards in Dance, as specified in Appendix II;

c. Includes appropriate learning materials;

d. Addresses opportunities available beyond the regular classrooms; and

e. Can be made available, in appropriate ways, to all students.

History

#9306, eff 10-25-08; ss by #12145, eff 3-24-17; renumbered by #12603 (formerly Ed 507.49)

N.H. Code Admin. R. Ann. Ed 507.52 Reading and Writing Teacher {#sec-ed-507.52 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.52}

The following requirements shall apply to the licensure of a reading and writing teacher:

(a) The candidate shall:

(1) Qualify for licensure under one of the pathways outlined in Ed 505.05 - Ed 505.07; and

(2) Meet the requirements of (b) below.

(b) The candidate shall have the following skills, competencies, and knowledge gained through a combination of academic and supervised clinical experience:

(1) In the foundations of reading and writing processes and instruction, the ability to demonstrate knowledge of:

a. Psychological, cultural, and linguistic foundations of reading and writing processes and instruction, as shown by the ability to explain, compare, contrast, and critique major theories in the foundational areas as they are related to reading and writing;

b. Current practices, research, and historical developments in teaching reading and writing;

c. The diverse languages, cultures, histories, and experiences of multilingual learners;

d. Language development as it relates to acquisition of reading and writing and the variations related to cultural and linguistic diversity, including the ability to:

Identify, explain, compare, and contrast the theories and research in the areas of language development in relation to the process of learning to read and write; and
Describe development of a child’s reading and writing in relation to cultural and linguistic context;

e. The major components of reading curriculum, including the ability to:

Describe the components of language and reading, including phonology, syntax, semantics, morphology, discourse, pragmatics, concepts of print, phonological awareness including phonemic awareness, phonics, word recognition, fluency, vocabulary, oral language, and comprehension;
Demonstrate knowledge of the reciprocal relationship among:

(i) Phonemic awareness, phonological awareness, rapid automatic naming speed, decoding, word recognition, and spelling;

(ii) Decoding, fluency, and reading comprehension;

(iii) Background knowledge, vocabulary, decoding, and reading comprehension;

(iv) Reading comprehension and writing and composition;

(v) Listening comprehension and reading comprehension; and

(vi) Reading, writing, language, viewing, speaking, and listening in service of building knowledge;

Apply explicit, systematic, and sequential evidence-based practice in phonological and phonemic awareness;
Explain how background knowledge, vocabulary, comprehension strategies, meaning, verbal reasoning, and language structures are integrated in reading; and
Recognize how reading and writing are embedded in curricular areas, including science, English, social studies, and mathematics; and

f. The major components of writing instruction, including the ability to:

Understand the writing process and appropriate strategies for planning, drafting, revision, editing, and sharing writing;
Demonstrate knowledge of the development of spelling, its instruction, and its relationship to word recognition and word meaning;
Recognize and identify stages of student progress in spelling from early strategies that map letters to sounds to more sophisticated processes that draw on semantic relationships in spelling and spelling conventions;
Describe age- and grade-appropriate uses of punctuation and text organization and how such conventions serve communication;
Describe models for integrating writing across the curriculum;
Demonstrate knowledge of how students learn to encode their ideas in manuscript and cursive as well as through technology; and
Know and apply in practice considerations for the appropriate uses of assistive technology in the writing process;

(2) In the instructional strategies and curriculum materials in reading and writing, the ability to:

a. Use flexible instructional options to address individual differences through grouping and individual instruction;

b. Select appropriate instructional practices, approaches, and methods, including but not limited to, technology-based practices for addressing the needs of students;

c. Provide and employ effective reading and writing instruction for learners at different stages of literacy and from different cultural and linguistic backgrounds, including the ability to:

Identify appropriate reading materials based for the purpose of instruction, assessment, accommodations, and student interest;
Engage students in reading and writing for a variety of purposes, including personal, academic, and career interests;
Develop students’ writing from planning through drafting, editing, revising, and sharing with peers, teachers, and others; and
Design focused reading and writing lessons to:

(i) Address skill needs, including spelling and punctuation; and

(ii) Further competence in cognitive aspects of writing, including text and sentence organization, word choice, and voice; and

d. Use instructional strategies that support, challenge, and develop language and literacy of multilingual learners;

(3) In the assessment, diagnosis, and evaluation of reading and writing, the ability to:

a. Understand the terminology, processes, and procedures used in screening, progress monitoring, and diagnostic and outcome assessments for all learners’ proficiency levels;

b. Compare, contrast, use, and interpret a wide range of assessment tools and practices;

c. Apply principles of research-based and evidence-based tiered intervention;

d. Use assessment information to plan, evaluate, and revise effective instruction that meets the needs of all students, including those at different developmental stages and those from different cultural and linguistic backgrounds, by:

Using in-depth assessment information to plan individual instruction for those struggling with reading and writing;
Selecting and administering developmentally appropriate formative and summative assessments;
Engaging students appropriately in using assistive technology to address their needs in learning and communicating; and
Collaborating with other education professionals to implement appropriate reading and writing instruction for individual students;

(4) In creating a literate environment that fosters reading and writing, the ability to:

a. Use students’ interests, abilities in reading and writing, and backgrounds as a foundation for developing their abilities in reading and writing, including the ability to:

Periodically inventory and assess students’ interests, reading, decoding, and comprehension levels, and background knowledge;
Select literature, materials, and activities that match the reading, decoding, and comprehension levels, writing development, and cultural and linguistic backgrounds of students;
Use instructional practices that allow for explicit instruction, provide authentic purposes for reading and writing, and incorporate peer discussion and collaboration; and
Establish forums for students to write in a variety of genres, and to share and respond to one another’s writing;

b. Motivate learners to be lifelong readers and to write for personal, social, academic, and vocational or professional purposes; and

c. Demonstrate how students’ abilities to read and write support academic achievement, personal inquiry, identity, and self expression by:

Providing students with the opportunities to use reading to explore areas of interest and intellectual curiosity; and
Developing students’ abilities to write for a variety of purposes; and

(5) In viewing professional development as a career-long effort and responsibility, the ability to:

a. Broaden and extend an understanding of teaching reading and writing, including the ability to:

Research and remain current regarding specific aspects of reading and writing instruction;
Stay informed about professional issues; and
Provide educational opportunities, information, and support for families and the community; and

b. Collaborate with colleagues to observe, analyze, and provide feedback on each other’s practice, including:

Engaging in collaboration and dialogue with educators to gain recommendations and advice on teaching practices and ideas;
Articulating the research base related to these recommendations; and
Conducting action research as a means to improve instructional practices.

History

#9799, eff 10-15-10; amd by #10506, eff 1-17-14; renumbered by #12603 (formerly Ed 507.50); EXPIRED in paragraph (b) 10-15-18; ss by #13690, eff 7-21-23; ss by #14369, eff 9-11-25, EXPIRES: 9-11-35

N.H. Code Admin. R. Ann. Ed 507.53 Physical Science Teacher For Grades 7-12 {#sec-ed-507.53 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.53}

(a) To be certified as a physical science teacher for grades 7-12, the candidate shall:

(1) Meet the qualifications for certification as a science teacher as provided in Ed 507.30; and

(2) Meet the requirements of (c) below.

(b) For candidates seeking certification under an alternative 3, 4, or 5 pathway, the department of education shall assess the skills, competencies and knowledge of candidates for certification as physical science teachers by reviewing evidence, such as, but not limited to, college course work, documented professional experience, letters of recommendation, professional development hours or CEU's, and artifacts of professional practice.

(c) A candidate for certification in physical science teacher for grades 7-12 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of fundamental knowledge, the candidate shall have the ability to:

a. Represent visually and verbally how the world works at the atomic, micro, and macro levels;

b. Demonstrate content knowledge in the following fundamental areas of chemistry:

Structure and properties of matter, including, but not limited to:

(i) Atomic structure and substructure;

(ii) Periodic table and organization;

(iii) Electrical forces between atoms; and

(iv) Types of bonds and behavior of substances, such as solubility, conductivity, and malleability;

Chemical reactions, including, but not limited to:

(i) Exothermic and endothermic reactions;

(ii) Chemical reactions, products, and conservation laws;

(iii) Kinetic, thermal, and bond energy; and

(iv) Transformation of processes;

Nuclear processes, including, but not limited to:

(i) Fusion, fission, and radioactive decays; and

(ii) Applications of nuclear energy;

c. Demonstrate content knowledge in the following fundamental areas of physics:

Relationship between energy, forces and matter, including, but not limited to:

(i) Newton's laws of motion;

(ii) Conservation of momentum;

(iii) Universal law of gravitation;

(iv) Coulomb's law;

(v) Electrical and magnetic forces; and

(vi) Electromagnetic spectrum; and

Waves, including, but not limited to, properties of waves, interactions with matter and other waves, and electromagnetic radiation as follows:

(i) Magnetic and electrical forces and the electromagnetic spectrum;

(ii) Particle and wave models of electromagnetic radiation;

(iii) Electromagnetic interaction with matter; and

(iv) Information technologies and instrumentation that transmit data through electromagnetic waves; and

d. Understand and be able to apply mathematical concepts and techniques including, but not limited to variable analysis as related to physical science at least through the level of college statistics.

History

#10506, eff 1-17-14; ss by #12459, eff 1-12-18; renumbered by #12603 (formerly Ed 507.51)

N.H. Code Admin. R. Ann. Ed 507.54 Computer Science Educator {#sec-ed-507.54 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.54}

(a) A candidate seeking a credential as a computer science educator for grades K-12 shall meet the following education requirements:

(1) Either:

a. Have at least a bachelor's degree; or

b. Hold a current eligible industry-recognized credential as defined in RSA 200-O:2, II; and

(2) Meet the requirements of (c) below.

(b) Candidates seeking a credential shall use one of the alternatives in Ed 505.05- Ed 505.07 after having met the requirements of (c) below.

(c) A candidate seeking a credential as a computer science educator for grades K-12 shall have the following skills, competencies, and knowledge through a combination of learning activities such as, but not limited to, academic and supervised clinical experience in the following areas:

(1) In the area of impacts of computing, the candidate shall have the ability to:

a. Use computing to:

Express creativity;
Solve problems;
Communicate;
Collaborate; and
Innovate in a variety of fields and careers;

b. Assess obstacles to equal access to computing as well as the impacts of these obstacles;

c. Assess impacts of computing innovations and practices with respect to:

Beneficial and harmful effects;
Ethical practices; and
Privacy, security, and legal issues; and

d. Keep current with knowledge on emerging technologies and their potential impacts;

(2) In the area of algorithms and computational thinking, the candidate shall have the ability to:

a. Analyze algorithmic processes and develop algorithms using:

Pattern recognition;
Problem decomposition; and
Abstraction;

b. Convert between binary, decimal, and hexadecimal number systems;

c. Use different fonts to represent, develop and analyze algorithms including, but not limited to natural language, flowcharts, and pseudocode;

d. Use heuristic solutions to address computing limitations including, but not limited to, time, space, and solvability;

e. Use standard algorithms including, but not limited to, searching and sorting algorithms and analyze implementations of those algorithms for correctness, efficiency, and clarity; and

f. Use simple recursive algorithms including, but not limited to, fractals, Zeno's paradox, and Towers of Hanoi;

(3) In the area of programming, the candidate shall have the ability to:

a. Write and modify computer programs in block-based and at least one text-based programming language;

b. Analyze computer programs in terms of:

Correctness;
Usability;
Readability;
Extensibility;
Modifiability; and
Reusability;

c. Program using the following elements:

Basic control structures;
Standard operators;
Variables and data types;
Functions; and
Data structures;

d. Write event-driven programs that respond to external events including, but not limited to, sensors, messages, and clicks;

e. Use libraries and APIs;

f. Use and evaluate multiple development and execution environments;

g. Facilitate collaboration in the development of software;

h. Program user interactions with graphical and other user interface components;

i. Demonstrate knowledge of various software development models;

j. Model practices in software development, including:

User requirements analysis;
Program design;
Implementation and documentation;
Testing and debugging; and
Evolution driven by feedback;

k. Develop object-oriented programs; and

l. Model the process of program compilation and interpretation;

(4) In the area of data and analysis, the candidate shall have the ability to:

a. Model concepts of processing data, including:

Encoding;
Compression; and
Encryption;

b. Create and use models and simulations;

c. Work with data using computational tools, including to:

Collect, aggregate, and generate;
Store, manage, and manipulate; and
Process, analyze, and visualize; and

(5) In the area of computing systems and networks, the candidate shall have the ability to:

a. Evaluate and compare computing systems using various criteria;

b. Evaluate and compare local, network, and cloud computing and storage;

c. Model computer networks in terms of:

Protocol stack components; and
Network protocols, such as:

(i) Transmission control protocol/internet protocol (TCP/IP);

(ii) Domain name servers (DNS); and

(iii) Hypertext transfer protocol secure (HTTPS); and

d. Demonstrate fundamental concepts of cybersecurity including, but not limited to, confidentiality, integrity, availability, non-repudiation, and authentication.

History

#12419, eff 11-14-17; renumbered by #12603 (formerly Ed 507.52); ss by #13822, eff 12-15-23, EXPIRES: 6-12-24; ss #13959, eff 5-10-24

N.H. Code Admin. R. Ann. Ed 507.55 English Language Arts Teacher For Grades 5-8 {#sec-ed-507.55 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.55}

A candidate for certification as an English language arts teacher for grades 5-8 shall have the skills, competencies and knowledge, gained through a combination of academic and supervised practical experience, as outlined in Ed 507.24(c).

History

#12417, eff 11-14-17 (formerly Ed 507.241); renumbered by #12603 (formerly Ed 507.53)

(a) To be certified as a social studies teacher for grades 5-8, the candidate shall meet the requirements of Ed 507.28.

History

#8725, eff 9-9-06; ss by #9525, eff 8-14-09; ss by #12452, eff 1-12-18; ss by #12452, eff 1-12-18 (formerly Ed 507.271); renumbered by #12603 (formerly Ed 507.54)

Part Ed 508 Requirements for Educational Specialists and Instructional Specialists

N.H. Code Admin. R. Ann. Ed 507.07 Credential Standards for Educational Personnel {#sec-ed-507.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.07}

Ed 508.01

N.H. Code Admin. R. Ann. Ed 507.08 Credential Standards for Educational Personnel {#sec-ed-507.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.08}

Ed 508.02

N.H. Code Admin. R. Ann. Ed 507.14 Credential Standards for Educational Personnel {#sec-ed-507.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.14}

Ed 508.03

N.H. Code Admin. R. Ann. Ed 507.19 Credential Standards for Educational Personnel {#sec-ed-507.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.19}

Ed 508.04

N.H. Code Admin. R. Ann. Ed 507.23 Credential Standards for Educational Personnel {#sec-ed-507.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.23}

Ed 508.05

N.H. Code Admin. R. Ann. Ed 507.20 Credential Standards for Educational Personnel {#sec-ed-507.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.20}

Ed 508.06

N.H. Code Admin. R. Ann. Ed 507.21 Credential Standards for Educational Personnel {#sec-ed-507.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.21}

Ed 508.07

N.H. Code Admin. R. Ann. Ed 507.22 Credential Standards for Educational Personnel {#sec-ed-507.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.22}

Ed 508.08

N.H. Code Admin. R. Ann. Ed 507.12 Credential Standards for Educational Personnel {#sec-ed-507.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.12}

Ed 508.09

N.H. Code Admin. R. Ann. Ed 507.251 Credential Standards for Educational Personnel {#sec-ed-507.251 omnilex-key=us-nh-regs-official--agency-ed--Ed 507.251}

Ed 508.10

See also the Revision Note at the part heading for Ed 505, filed under Document #13101, effective .10-5-20, which readopted with amendment and renumbered the former rules Ed 508.01 through Ed 508.06 as rules in Ed 505.

See also the Revision Note for Ed 512, filed under Document #12661, effective 11-9-18, which had previously readopted with amendment and renumbered the former Ed 508.07, titled “Denial of Initial Application”, as Ed 512.01 titled “Denial of Credential” in Part Ed 512 titled “Denial of Certification.”

Document #13103, effective 10-5-20, subsequently readopted with amendment Ed 512.01.

N.H. Code Admin. R. Ann. Ed 508.01 School Counselor {#sec-ed-508.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.01}

(a) An individual shall have the following entry level requirements to be a licensed school counselor:

(1) At least a master’s degree or higher in education or a field related to counseling; and

(2) Acquired the competencies, skills, and knowledge in (b) below through one of the approved licensure pathways as outlined in Ed 505.05-505.07.

(b) A candidate for licensure as a school counselor shall have the following skills, competencies, and knowledge in the following areas:

(1) In the area of comprehensive school counseling programs, the ability to:

a. Align the school counseling program with school district mission and goals;

b. Design, develop, implement, and evaluate a school counseling program based on state and national models in collaboration with school and district personnel;

c. Implement curriculum that fosters academic, social-emotional, and career and college readiness for all students;

d. Use data for program design to be responsive to school needs; and

e. Apply knowledge of state standards to program goals;

(2) In the area of foundations of school counseling, the ability to:

a. Comprehend the legal, ethical, and professional standards put forth by the American School Counselor Association (ASCA);

b. Maintain confidentiality in a school setting;

c. Engage in collaboration with families, pk-12 and postsecondary school personnel, community agencies, and other referral sources;

d. Use basic counseling skills and techniques;

e. Translate counseling theory into the practice of school counseling;

f. Apply knowledge of human growth and development to the school counseling program;

g. Build or contribute to a school counseling program that incorporates preventative and intervention strategies in the student domains of academic, career, and social-emotional growth; and

h. Multicultural counseling competencies;

(3) In the area of managing a school counseling program, the ability to:

a. Use data systems and record keeping to document, analyze, follow, and evaluate current student, school, and community needs;

b. Address the cyclical needs of students, including the cyclical nature of the school year;

c. Gather data to inform programming and communicate information about the counseling program to all stakeholders;

d. Participate in the continual evaluation of the effectiveness of the school counseling program; and

e. Participate in an advisory committee to the school counseling program;

(4) In the area of delivery of the school counseling program, the ability to:

a. Apply effective short-term individual and group counseling;

b. Develop and apply crisis prevention and response;

c. Understand and use current research and practices in counseling theories, family systems, human development, and community needs;

d. Address student needs for college and career readiness knowledge and skills; and

e. Apply presentation and group management skills; and

(5) In the area of accountability, the ability to:

a. Collect and analyze data to determine the effectiveness of the program in helping all students succeed;

b. Identify and implement improvements to the design and delivery of the school counseling program;

c. Engage in self-reflection and peer or clinical supervision to inform continued development as a professional;

d. Manage one’s own continuing professional development; and

e. Advocate for the role of school counselor and the counseling program, including compliance with staffing requirements outlined in Ed 306.12.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05; ss by #8335, eff 4-23-05, EXPIRED: 4-23-13
#10785, eff 2-20-15; ss by #13102, eff 10-5-20 (formerly Ed 507.07) (see Revision Note at part heading for Ed 508); ss by #14458, eff 12-13-25, EXPIRES: 12-13-35

N.H. Code Admin. R. Ann. Ed 508.02 School Psychologist {#sec-ed-508.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.02}

(a) For the purposes of this section, “culminating experience” means a hands-on learning opportunity completed at the end of an academic program after the completion of content coursework that allows a candidate to integrate and apply their learning in a real world setting, such as an internship, student teaching, or a practicum.

(b) The following shall be the entry level requirements for an individual to be licensed as a school psychologist:

(1) Completion of an approved school psychology program at a master’s degree level or higher which includes an immersive, culminating experience in the role of school psychologist; or

(2) Meeting both of the following requirements:

a. Completion of at least 60 semester hours or the equivalent of graduate study resulting in at least a master’s degree, of which at least 54 hours are exclusive of credit for the supervised internship experience as described in b. below; and

b. Experience in the role of school psychologist in a general school setting for 1,200 clock hours, full-time over one year or part-time over 2 consecutive years.

(c) Notwithstanding the requirements pursuant to Ed 505.06, an individual shall have a minimum of 40 semester hours at the graduate level encompassing the competencies of (e) below to qualify for a statement of eligibility (SOE).

(d) An individual pursuing licensure as a school psychologist shall comply with all state and federal laws and regulations pertaining to medicaid.

(e) A candidate for licensure as a school psychologist shall have the following skills, competencies, and knowledge:

(1) In the area of data-based decision making:

a. Conducting individual student assessments and using assessment findings to interpret and diagnose educational, behavioral, developmental, and other disorders;

b. Facilitating educational treatment planning based on the factors in a. above for each individual student, which includes but is not limited to:

Intellectual ability;
Cognitive processing;
Academic achievement;
Behavior;
Social and emotional functioning;
Learning environments; and
Adaptive functioning;

c. Employing a problem-solving framework for professional activities;

d. Collecting data from multiple sources for decision-making; and

e. Considering ecological factors in assessment and intervention;

(2) In the area of consultation and collaboration:

a. Understanding varied models and strategies of consulting;

b. Communicating effectively with diverse audiences such as families, teachers, other school personnel, policy makers, and community leaders; and

c. Using a consultative problem-solving process to promote effective implementation of services;

(3) In the area of academic interventions and instructional supports:

a. Understanding influences on academic skills and human learning processes; and

b. Collaborating to use assessment and data collection methods to implement and evaluate evidence-based services supporting academic skills;

(4) In the area of mental and behavioral health services and interventions:

a. Understanding influences on mental and behavioral health and behavioral impacts on learning; and

b. Collaborating to design, implement, and evaluate evidence-based services promoting resilience and positive behavior, supporting socialization and adaptive skills, and enhancing mental and behavioral health;

(5) In the area of school-wide practices to promote learning:

a. Understanding:

Systems structures, organization, and theory;
General and special education programming; and
Implementation science; and

b. Collaborating to develop and implement evidence-based strategies for safe, supportive, and effective learning environments, including but not limited to program monitoring and universal screening practices;

(6) In the area of services to promote safe and supportive schools:

a. Understanding principles and research related to:

Social-emotional well-being;
Resilience and risk factors in learning;
Mental and behavioral health;
Services in schools and communities to support multi-tiered prevention and health promotion; and
Evidence-based strategies for creating safe and supportive schools;

b. Promoting preventive and responsible services using multi-tiered systems of support (MTSS); and

c. Collaborating to implement effective crisis prevention, protection, mitigation, response, and recovery;

(7) In the area of family, school, and community collaboration:

a. Understanding principles and research related to:

Family systems and cultures; and
Supporting positive family influences on children’s learning and mental health;

b. Facilitating family, school, and community partnerships and interactions to enhance academic and social-behavioral outcomes for children; and

c. Collaborating to design, implement, and evaluate services and respond to culture and context;

(8) In the area of equitable practices for diverse student populations:

a. Understanding individual differences and diversity including but not limited to factors related to child development, religion, culture and cultural identity, race, sexual orientation, gender identity and expression, and socioeconomic status;

b. Implementing equitable services that demonstrate respect for individuals, families, and schools with diverse characteristics, cultures, and backgrounds; and

c. Providing professional services that promote effective functioning for all populations;

(9) In the area of research and evidence-based practice:

a. Knowledge of research design, statistics, and data collection and analysis techniques sufficient for understanding research, interpreting data, and evaluating programs in applied settings;

b. Evaluating and applying research for service delivery; and

c. Using various techniques and technology resources for data collection and analysis to support effective practices at the individual, group, and system levels; and

(10) In the area of legal, ethical, and professional practice:

a. Providing services consistent with ethical, legal, and professional standards;

b. Engaging in responsive ethical and professional decision-making;

c. Applying professional work characteristics needed for effective practice, including but not limited to interpersonal skills, responsibility, adaptability, initiative, dependability, technological competence, advocacy skills, and respect for human diversity; and

d. Integrating the history and foundations of psychology into a professional identity and practice as a school psychologist.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05; ss by #8335, eff 4-23-05; ss by #8667, eff 7-1-06, EXPIRED: 7-1-14
#10785, eff 2-20-15; ss by #13102, eff 10-5-20 (formerly Ed 507.08); ss by #14618, eff 6-12-26, EXPIRES: 6-12-36

(a) For an individual to be licensed as a school social worker, the individual shall:

(1) Have completed a master’s level specialist program in school social work consisting of a full time, or its equivalent in part-time, coordinated sequence of specifically focused study at the graduate level, culminating in at least a master’s degree in the area of social work from an accredited institution; or

(2) Have earned a master’s degree in social work and one of the following:

a. Have completed an approved conversion program in school social work which shall include a 2-year internship supervised by a licensed school social worker; or

b. Have acquired the knowledge and skills of a school social worker under Ed 505.04, or Ed 505.05.

(b) A candidate for licensure as a school social worker shall have skills, competencies, and knowledge in the following areas:

(1) Social welfare and educational policy, including:

a. History of education, social work, and human services systems;

b. Role of policy at local, state, and national levels in education and school social work practice;

c. Process of policy formation and implementation and its impact on student and family systems, schools, organizations, and communities;

d. Use of policy practice to analyze, influence, and advocate; and

e. State and federal laws related to school social work practice, such as education, special education, 504, child welfare, homeless and displaced students, mental health, and juvenile justice;

(2) Social work values and ethics, including:

a. Mission of public education;

b. Mission of school social work to insure student learning, educational equity, and social justice for every student by reducing or eliminating the social, economic, and environmental barriers;

c. Demonstration and promotion of the values of the profession as delineated in the National Association of Social Workers (NASW) Code of Ethics (2017), as specified in Appendix II;

d. Professional school social work and pupil services standards as stated in the NASW Standards for School Social Work Services (2012), as specified in Appendix II; and

e. Ability to use an ethical decision-making model to guide practice;

(3) Social and economic justice and populations at risk, including:

a. Understanding risk/resiliency factors for populations at risk;

b. Understanding the dynamics of risk factors for school failure and the strategies to address them;

c. Understanding how group membership and various forms of oppression affect access to resources and educational opportunities;

d. Strategies to combat discrimination, oppression, institutional racism, and economic deprivation;

e. Advocacy for non-discriminatory social and economic systems; and

f. Identification of inequities in access to school and community programs and services for children, youth, and families;

(4) Skills in systematic assessments, data gathering, and interpretation at multiple levels using a variety of methods to assess the needs, characteristics, and interactions of students, families, and school personnel;

(5) Effective prevention and intervention with individuals, families, schools, and communities including:

a. Utilization of a strength-based approach to enhance students’ capacities, with special emphasis on students in populations at risk;

b. Design and implementation of practice strategies with persons from diverse backgrounds;

c. Partnership with families and others to resolve challenges in the home, school, and community;

d. Counseling;

e. Crisis intervention and other mental health services;

f. Casework and case management;

g. Group work;

h. Mediation and conflict resolution;

i. Advocacy;

j. Development of positive behavioral intervention strategies for all students;

k. Program development and management;

l. Provision of professional development and community education;

m. Collaboration, consultation, and coordination as leaders or members of interdisciplinary teams and community partnerships; and

n. Community organization, including mobilization of school and community resources;

(6) Human behavior and social environment, including:

a. Biological, psychological, and sociological variables affecting development, learning, and educational achievement; and

b. Application of theoretical frameworks to understand the interaction among individuals and between individuals and social systems such as families, groups, organizations, and communities;

(7) Diversity, including:

a. Cultural factors in race, gender, ethnicity, sexual orientation, and social class and how culture affects individual, family, group, organizational, and community behavior;

b Understanding of, and affirmation and respect for, people from diverse backgrounds and recognition of diversity within and between groups;

c. Development of trust, open communication, mutual respect, and ongoing collaboration with members of diverse populations; and

d. Ability to take cultural and other diversity factors into account in assessments and interventions; and

(8) Research, including:

a. Qualitative and quantitative methodologies; and

b. Use of practice literature and empirically-based knowledge in the areas of children, youth, families, and schools to:

Provide school social work services and educational interventions;
Monitor and assess programs and services;
Monitor and assess academic and social progress; and
Initiate change and improve practice, policy, and programs.

(1) Children with special educational needs;

(2) School age parents;

(3) Homeless youth and families;

(4) Students affected by mental health and substance misuse issues;

(5) Lesbian, gay, bisexual, transgender, and questioning youth;

(6) Abused and neglected students;

(7) Students living in poverty;

(8) Children of color;

(9) Adjudicated and incarcerated youth;

(10) English language learners;

(11) Students whose families are in crisis; and

(12) Other marginalized groups of students.

History

#6349, eff 10-5-96, EXPIRED: 10-4-04
#8229, eff 12-17-04; ss by #9306, eff 10-25-08; ss by #12144, eff 3-24-17; ss by #13102, eff 10-5-20 (formerly Ed 507.14) (see Revision Note at part heading for Ed 508)

N.H. Code Admin. R. Ann. Ed 508.04 Specialist in Assessment of Intellectual Functioning (SAIF) {#sec-ed-508.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.04}

(a) To be licensed as a specialist in assessment of intellectual functioning (SAIF), an individual shall:

(1) Hold a master's degree and a valid:

a. Beginning educator or experienced educator license from the state board in education, school counseling, administration, or speech language specialist;

b. License as a psychologist from the New Hampshire board of psychologists;

c. License as an occupational therapist from the governing board of occupational therapists; or

d. License as a speech-language pathologist from the governing board of speech-language pathologists;

(2) Have at least 4 years of documented school experience in education, school counseling, administration, speech therapy, or occupational therapy; and

(3) Either:

a. Have successfully completed a SAIF program approved by the state board of education; or

b. Have acquired the competencies, skills and knowledge described in (b) below through other experiences and training so as to qualify under Ed 505.06, Demonstrated Competencies.

(b) To qualify as a SAIF, an individual shall have the following:

(1) Knowledge of:

a. Relevant local, state, and federal laws, policies, regulations, and procedures pertaining to education;

b. General principles of learning and research-validated teaching strategies;

c. Human development theory, including application to children in a school setting;

d. The learning characteristics of individuals with disabilities;

e. Statistics, research methods, and professional literature pertinent to the processes of assessment and program development; and

f. Those ethical principles applicable to the professional school psychology practice in the reporting of assessment results to school teams aimed at protecting the rights of individuals as set forth in the National Association of School Psychologists Principles for Professional Ethics (2010) as referenced in Appendix II; and

(2) Competency and skill in:

a. Developing professional interactions for the purpose of obtaining and communicating information;

b. Consulting with staff members and parents regarding students’ current and future needs;

c. Translating referral questions and concerns into a set of assessment procedures that follow Ed 1107 and 20 U.S.C. 1400;

d. Administering, scoring, and interpreting assessments of individual intelligence and cognitive processing, assessments of academic achievement, and assessments of functional achievement;

e. Conducting a test session with sufficient proficiency to ensure fluent administration and adding meaningful clinical observation concerning the test session, as well as having sufficient expertise to reflect on the student’s performance and its implication for further assessment;

f. Integrating background information and assessment results into a description of how the child learns;

g. Developing appropriate recommendations based upon assessments and best practices;

h. Assisting team members in planning strategies and interventions for students and assessing their effectiveness; and

i. Assisting the administration in planning and facilitating professional development and improvement efforts; and

(3) Expertise in:

a. The nature, uses, and limitations of a variety of psychological educational assessments; and

b. Research-validated educational accommodations, modification, supports, and interventions.

History

#6349, eff 10-5-96, EXPIRED: 10-5-04
#8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05; ss by #8335, eff 4-23-05; ss by #8699, eff 8-3-06, EXPIRED: 8-3-14
#12089, eff 1-26-17; ss by #12539, eff 5-31-18; ss by #13102, eff 10-5-20 (formerly Ed 507.19) (see Revision Note at part heading for Ed 508)

N.H. Code Admin. R. Ann. Ed 508.05 School Counseling Director {#sec-ed-508.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.05}

A candidate for licensure as a school counseling director shall have the following entry-level education and employment experiences:

(a) Completion of a school counseling program from an institution accredited by a regional accrediting body approved by the U.S. Department of Education at the master’s degree level or higher;

(b) Current possession of a state license as a school counselor;

(c) At least 3 years of full-time experience in the field of school counseling, with recent leadership experience that encompasses comprehensive knowledge of school operations;

(d) Principles and techniques of effective staff and program management as they relate to school counseling in the areas of:

(1) Recruitment and selection;

(2) Assignment and deployment of personnel;

(3) Supervision;

(4) Leadership and support;

(5) Development and implementation of a comprehensive program;

(6) School equity and civil rights issues;

(7) Integrated use of technology and information systems;

(8) State and national laws, rules, policies, and ethical guidelines; and

(9) Individual and program evaluation.

History

#7043, eff 7-1-99; ss by #8229, eff 12-17-04; ss by #9117, eff 3-27-08, EXPIRED: 3-27-16
#12384, eff 9-20-17; ss by #13102, eff 10-5-20 (formerly Ed 507.23) (see Revision Note at part heading for Ed 508); rpld by #13610, eff 4-14-23; ss by #13655, eff 7-1-23 (formerly Ed 506.10)

N.H. Code Admin. R. Ann. Ed 508.06 Library Media Coordinator {#sec-ed-508.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.06}

(a) A candidate shall have the following entry level requirements to be licensed as a library media coordinator:

(1) Have completed a minimum of 3 years’ experience as a library media specialist as documented by positive recommendations or evaluations from the candidate’s supervisor(s) which demonstrate that the candidate has acquired the competencies outlined in Ed 507.21; and

(2) Have at least completed a master's degree program in library science, library and information studies, or a closely related field such as education.

(b) Candidates shall file the following materials and documents with the bureau of credentialing:

(1) Completed application forms containing the information required in Ed 508.04;

(2) Previous work record;

(3) Education record; and

(4) A minimum of 3 confidential references from persons who can attest to the candidate’s proficiencies in the required leadership area.

(c) Candidates for licensure as a library media coordinator shall have skills, competencies, and knowledge in the following areas:

(1) In the area of program management and leadership, the ability to:

a. Provide effective leadership and coordination in developing, implementing, and evaluating a comprehensive, system-wide school library media program;

b. Develop and implement a strategic plan for the school library media program to meet system-wide goals while allowing for differences of individual schools;

c. Communicate the school library media program's vision, goals, and priorities to the educational system and the community;

d. Coordinate collection development and programming for system-wide libraries;

e. Plan and manage information literacy instruction efforts for students and teachers;

f. Plan and manage virtual and physical resources, systems, and services to support teaching and learning;

g. Coordinate the planning and design of new, renovated, and existing school library media facilities and system-wide infrastructure;

h. Develop policy recommendations and implement established adopted policies and procedures; and

i. Advocate for the centrality of the library media program to the learning of students;

(2) In the area of fiscal management, the ability to:

a. Prepare budgets in collaboration with school leaders, departments, or agencies to ensure equitable services and resources;

b. Maintain accurate records and inventories to prepare reports; and

c. Research grants and other external funding opportunities for the support and enhancement of student learning resources and results;

(3) In the area of information management, the ability to:

a. Provide trustworthy information on promising and proven practices keyed to system-wide priorities to improve student achievement as well as educator and school leader effectiveness;

b. Collaborate with other libraries and agencies to share resources and enhance the system's learning climate, learning opportunities, and learning results;

c. Advise all school system personnel regarding the importance of the principles of intellectual freedom and ethical behavior, and advocate for the integration of these principles in system policies and programs; and

d. Work with system and school leaders as well as educators to ensure standardization of equipment and equity of resources across programs and buildings; and

(4) In the area of personnel management, the ability to:

a. Advocate for the American Association of School Librarians (AASL) recommended level of staffing for school library media centers;

b. Collaborate with principals and site-based committees in the selection and placement of school library media personnel; and

c. Work with school leaders to supervise, support and evaluate the system's school library media personnel in the operation of their school library media program.

History

#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; ss by #10276, eff 2-22-13; ss by #13102, eff 10-5-20 (formerly Ed 507.20) (see Revision Note at Part heading for Ed 508)

N.H. Code Admin. R. Ann. Ed 508.07 Library Media Specialist {#sec-ed-508.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.07}

(a) To be licensed as a library media specialist, the candidate shall have a bachelor’s degree.

(b) A candidate for licensure as a library media specialist shall have skills, competencies, and knowledge in the following areas:

(1) In the area of teaching for learning, the ability to:

a Demonstrate that she or he is a skilled instructional specialist who ensures that learners become effective and ethical users and creators of ideas and information, through:

Applying knowledge of learners and learning, including:

(i) Learning styles;

(ii) Stages of human development;

(iii) Cultural influences; and

(iv) Physical and intellectual abilities and needs;

Providing instruction in multiple literacies;
Promoting inquiry-based learning; and
Providing authentic learning experiences;

b Design and implement instructional strategies that engage students' interests and develop their ability to:

Inquire;
Think both critically and creatively; and
Ethically gain and share knowledge;

c. Utilize the assessment of student learning to inform practice;

d. Model, share, and promote effective principles of teaching and learning as collaborative partners with other educators;

e. Collaborate with students, other educators, and administrators to efficiently access, interpret, and communicate information;

f. Design and provide professional development which enables other educators and administrators to:

Locate research-based information relevant to their professional practice; and
Integrate best practices into their curricula; and

g. Integrate the use of current technologies as a means for effective and creative teaching and to support students’ conceptual understanding, critical thinking, and creative processes;

(2) In the area of literacy and reading, the ability to:

a. Demonstrate knowledge of children’s, young adult, and professional literature to guide and support reading for information, reading for pleasure, and reading for lifelong learning in multiple languages and formats such as but not limited to materials in print, e-book, digital, audio, and braille;

b. Use a variety of strategies to promote reading, viewing, and listening, for learning, personal growth, and enjoyment;

c. Develop a collection of reading and information materials in print and digital formats that support the diverse developmental, cultural, social, and linguistic needs of the learning community;

d. Collaborate with staff to design and implement authentic and engaging instructional strategies that reinforce reading instruction to ensure students are able to create meaning from text;

e. Model personal enjoyment of reading in order to motivate lifelong reading in students; and

f. Integrate the use of current technologies that support literacy and reading;

(3) In the area of information and knowledge, the ability to:

a. Model multiple strategies for students, teachers and administrators and other members of the school community to locate, evaluate, and ethically use information;

b. Identify physical, socioeconomic, and intellectual barriers to equitable school, home and community access to learning resources and services;

c. Develop and promote solutions to address barriers to equitable access to learning resources and services;

d. Provide a variety of learning resources and services to support the needs of diverse learners;

e. Support flexible, open access to library services, including, but not limited to 24/7 access to online databases, library websites, and related instructional support resources;

f. Model and communicate the legal and ethical principles of the profession;

g. Demonstrate proficiency in the use of 21st century tools to continuously improve their professional practice; and

h. Interpret and use a variety of data, including evidence-based action research, to create and share new knowledge to improve practice in school libraries;

(4) In the area of advocacy and leadership, the ability to:

a Utilize evidence-based practice and research to communicate the centrality of the library program to a school's ability to:

Meet and exceed local, state and national content standards;
Improve student learning;
Meet the challenges of the learners, the skills, and the learning environments of the 21st century; and
Integrate the use of current technologies as a means for effective and creative teaching and learning;

b. Advocate for intellectual freedom, equity of access, and privacy rights;

c. Educate the school community on the ethical use of information and ideas;

d. Establish connections with other libraries and strengthen cooperation among library colleagues for resource sharing, networking, and facilitating access to information;

e. Plan for and participate in ongoing professional growth and leadership opportunities, informed by reflective practice;

f. Engage in school improvement processes, such as but not limited to curriculum development; and

g. Document and communicate the impact of collaborative instruction on student learning; and

(5) In the area of program management and administration, the ability to:

a. Communicate and collaborate with students, staff, administrators, and community members to design and develop a library program that aligns resources and services with the school’s mission, in accordance with New Hampshire school approval standards Ed 306.08, instructional resources, and Ed 306.42, digital literacy program;

b. Manage, organize, and evaluate school library physical resources such as facilities, fiscal resources such as budgets, and human resources such as personnel, including volunteers, to enhance the use of information resources and services and to ensure equitable access to all resources for all users;

c. Make use of data to evaluate and improve the school library program;

d. Develop, implement, and evaluate policies and procedures consistent with:

School, district, state, and national standards;
Relevant laws and legislation;
Privacy rights;
Equity of access; and
The tenets of intellectual freedom;

e. Create and implement a collection development policy that demonstrates knowledge of principles related to selection, acquisition, organization, evaluation, and reconsideration of library resources;

f. Evaluate and select print, non-print, and digital resources using professional selection tools and evaluation criteria to develop a relevant, balanced collection designed to meet the diverse curricular, personal, and professional needs of students, staff, and administrators;

g. Organize a school library collection according to current library cataloging and classification principles and standards; and

h. Ensure integration of current research findings and best practices into the school library program by keeping up to date with local, state, and national education, technology, and information initiatives.

History

#6349, eff 10-5-96; ss by #7925, eff 7-24-03; ss by #9939, INTERIM, eff 6-9-11, EXPIRED: 12-6-11
#10151, eff 6-22-12; ss by #13102, eff 10-5-20 (formerly Ed 507.21) (see Revision Note at part heading for Ed 508)

N.H. Code Admin. R. Ann. Ed 508.08 Digital Learning Specialist {#sec-ed-508.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.08}

The following requirements shall apply to the licensure of a digital learning specialist:

(a) To be licensed as a digital learning specialist, the candidate shall have:

(1) At least a bachelor’s degree; and

(2) Qualify for licensure under one of the credentialing pathways in Ed 505.01 – Ed 505.05 having also met the requirements of (c) below.

(b) A candidate for licensure as a digital learning specialist shall have skills, competencies, and knowledge as a digital designer, digital learner, digital citizen, collaborative coach, and visionary leader as follows:

(1) As a digital designer, effectively use technology with differentiation, rigor, relevance, and engaging learning experiences in his or her practice of teaching, learning, and assessment by the ability to:

a. Design and implement digitally-based learning experiences with multiple and varied formative and summative assessments;

b. Model and promote the use of adaptive and assistive technologies and other digital tools and resources to personalize and differentiate activities for all learners;

c. Collaborate with other educators to help design and implement the student digital portfolio processes and procedures as specified in Ed 306.42; and

d. Promote student reflection using collaborative tools to reveal and clarify students conceptual understanding;

(2) As a digital learner, continue to deepen knowledge and expertise with technological concepts and pedagogy as follows:

a. Use knowledge of digital tools to model, promote, and facilitate experiences that advance learner competency, creativity, and innovation in both face-to-face and virtual environments;

b. Collaborate with other educators to promote innovative and creative thinking using digital tools to engage learners in real-world problem solving;

c. Collaborate with other educators to model, design, and implement technology-enhanced learning experiences addressing both technology and content standards; and

d. Illustrate how state and national standards are implemented within the curriculum;

(3) As a digital citizen, model responsible and safe participation in the digital world with the ability to:

a. Model and promote safe, ethical, and legal practices related to digital tools and resources;

b. Model and promote digital etiquette, awareness of digital identity and privacy, and responsible social interactions related to the use of digital tools and resources; and

c. Model and promote diversity, cultural understanding, and global awareness using digital communication and collaborative tools and resources to interact locally and globally;

(4) As a collaborative coach, develop innovative professional learning opportunities and evaluate the impact on instructional practice and learner competencies with the ability to:

a. Model and promote effective management and use of digital tools and resources to support technology rich learning environments;

b. Evaluate, adapt, and reflect on digital tools, resources, and emerging trends by participating in local and global learning communities and by reviewing current research and evidence-based innovative practices; and

c. Promote the role of digital media literacies to best equip learners to succeed in a globally interconnected, multicultural world; and

(5) As a visionary leader, promote and participate in the development and implementation of collaborative strategies for the comprehensive integration of technology to foster excellence to support transformational change throughout the instructional environment with the ability to:

a. Promote and participate in the development and implementation of a shared vision for the comprehensive integration of technology to support learning opportunities for all learners and educators;

b. Promote and participate in the planning, development, communication, implementation, and evaluation of technology-infused strategic plans and adoption of new digital resources and tools at the district and school levels; and

c. Promote and participate in the implementation strategies for initiating and sustaining technology innovations and manage the change process in schools and classrooms.

History

#7042, eff 8-1-99, EXPIRED: 8-1-07
#9813, eff 11-11-10; ss by #12662, eff 11-9-18; ss by #13102, eff 10-5-20 (formerly Ed 507.22) (see Revision Note at part heading for Ed 508)

N.H. Code Admin. R. Ann. Ed 508.09 Reading and Writing Specialist {#sec-ed-508.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.09}

(a) A candidate for licensure as a reading and writing specialist for grades K-12 shall meet the following entry level requirements:

(1) Qualify for licensure under one of the pathways as outlined in Ed 505.05-Ed 505.07;

(2) The general education requirements specified in Ed 505.02;

(3) The professional education requirements specified in Ed 505.03, if applicable; and

(4) Completed at least 3 years of teaching.

(b) A candidate for licensure as a reading and writing specialist for grades K-12 shall have skills, competencies, and knowledge in the following areas:

(1) In the area of knowledge of the theoretical and evidence-based foundations of reading and writing processes and instruction, the ability to demonstrate knowledge of:

a. Cognitive, sociocultural, and diverse linguistic foundations of reading and writing processes and instruction;

b. Current practices, research, and historical developments in reading and writing;

c. Language development as it relates to acquisition of reading and writing, the variations related to sociocultural and linguistic diversity, and the basics of second language acquisition by leveraging multilingual learners;

d. The major components of reading and writing instruction and curriculum, including the ability to:

Describe components of language and reading, including phonology, syntax, semantics, morphology, discourse, pragmatics, concepts of print, phonological and phonemic awareness, phonics, word recognition, fluency, vocabulary, oral language, and comprehension;
Explain the reciprocal relationships among:

(i) Phonemic awareness, phonological awareness, rapid automatic naming speed, word recognition, and spelling;

(ii) Decoding, fluency, and reading comprehension;

(iii) Background knowledge, vocabulary, decoding, and reading comprehension;

(iv) Reading comprehension, writing, and composition;

(v) Listening comprehension and reading comprehension; and

(vi) Reading, writing, language, viewing, speaking, and listening in service of building knowledge;

Apply explicit, systematic, and sequential evidence-based practices in phonological awareness and phonemic awareness;
Explain how background knowledge, vocabulary knowledge, text comprehension strategies, verbal reasoning, and language structures are integrated in reading; and
Describe how reading and writing are embedded in all content areas, including but not limited to English, ESOL, mathematics, science, and social studies; and

e. Major components of writing instruction, including the ability to:

Demonstrate knowledge of the development of spelling, its instruction, and its relationship to word recognition and word meaning;
Demonstrate the knowledge of the mechanics of writing, including punctuation, grammar, spelling, and letter formation;
Explain recursive strategies for planning, drafting, revising, and editing writing;
Describe models for integrating writing across the curriculum; and
Know and apply in practice considerations for the appropriate uses of assistive technology in the writing process;

(2) In the area of instructional strategies and curriculum materials in reading and writing, the ability to recognize the importance of, demonstrate, and facilitate professional learning and leadership by:

a. Understanding and applying practice of structured language and literacy teaching including explicit, systematic, and cumulative teacher-directed instruction; and

b. Using a wide range of evidence-based curriculum materials including structured literacy approaches in effective reading and writing instruction for struggling reluctant learners, including those identified through the screening required by RSA 200:59, I as having potential indicators or risk factors of dyslexia and related disorders at different stages of literacy development and from different sociocultural and linguistic backgrounds;

(3) In the area of assessment and evaluation of reading and writing, the ability to:

a. Describe the terminology, processes, and procedures used in screening, progress monitoring, and diagnostic and outcome assessments, including English language learners’ proficiency levels;

b. Use a variety of formal and informal assessment tools and practices to plan, evaluate, and communicate effective reading and writing instruction;

c. Use assessment information to plan, evaluate, differentiate, and revise effective instruction that meets the needs of all students, including those identified through the screening required by RSA 200:59, I, as having potential indicators or risk factors of dyslexia and related disorders by:

Assisting teachers in using assessments to plan and implement evidence-based instruction for all students;
Engaging students and adults in using assistive technology to address their needs in learning and communicating; and
Collaboratively collecting, analyzing, and using school-wide assessment data to improve school and district literacy instruction and programs;

d. Communicate results of assessments and screenings to a variety of audiences, including students, families, administrators, teachers, specialists, and policymakers; and

e. Demonstrate knowledge of current issues, practices, and policies related to the assessment, evaluation, and instruction of reading and writing;

(4) In the area of creating a literate environment that fosters reading and writing, the ability to:

a. Use students’ interests, backgrounds, and abilities in reading and writing as foundations for the reading and writing program, including the ability to:

Assist the classroom teacher in demonstrating a respectful attitude toward all learners and understand the roles of choice, motivation, and scaffolded instructional support in creating positive and supportive environments;
Assist the classroom teacher and paraeducator in selecting literature, materials, and activities that match the reading levels and writing development of all students;
Demonstrate models of teaching that provide authentic purposes for reading and writing; and
Help the classroom teacher to use evidence-based rationale to make and monitor flexible instructional grouping options for students;

b. Create social learning contexts that engage learners in discussions and literacy explorations among peers to motivate and extend learning opportunities;

c. Apply literacy content and pedagogical knowledge in the selection and use of instructional tools and promote and make sound decisions about when such tools enhance teaching and learning, recognizing both the insights to be gained and possible limitations of such tools; and

d. Provide educational opportunities, information, and support for families and the community; and

(5) In the area of professional knowledge and skills, the ability to:

a. Demonstrate reading and writing-focused instructional leadership through actions such as coaching, mentoring, and analyzing and evaluating educational structures and policies that affect students’ equitable access to high quality reading and writing instruction;

b. Plan, develop, implement, and evaluate reading- and writing-focused professional development programs;

c. Evaluate the alignment of state English language arts standards, district curricula, and state and local assessments, and recommend appropriate adjustments;

d. Support teachers in systematically reflecting on and learning from their reading and writing practice;

e. Collaborate with school-based professionals to develop evidence-based interventions for high- and low- achieving students; and

f. Analyze and interpret reading and writing assessment data and communicate results to appropriate and varied audiences.

History

#6349, eff 10-5-96; rpld by #7923, eff 7-24-03
#9306, eff 10-25-08; amd by #9993, eff 9-16-11; amd by #10506, eff 1-17-14; ss by #12142, eff 3-24-17; ss by #13102, eff 10-5-20 (formerly Ed 507.12) (see Revision Note at part heading for Ed 508); ss by #14368, eff 9-11-25, EXPIRES: 9-11-35

N.H. Code Admin. R. Ann. Ed 508.10 Specialist in Elementary Mathematics K-Pre-Algebra {#sec-ed-508.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 508.10}

(a) A candidate for licensure as a specialist in elementary mathematics K-pre-algebra shall meet the following entry level requirements:

(1) Qualify for licensure under one of the pathways outlined in Ed 505.05-505.07;

(2) The general education requirements specified in Ed 505.02;

(3) The professional education requirements specified in Ed 505.03; and

(4) Completed at least 3 years of teaching.

(b) A candidate for licensure as a specialist in elementary mathematics K- pre-algebra shall have the following skills, competencies, and knowledge:

(1) All of the mathematics requirements outlined in Ed 507.11 for an elementary teacher;

(2) All of the requirements outlined in Ed 507.26 for a middle school math teacher;

(3) In the area of mathematical practices, the ability to:

a. Make sense of problems and persevere in solving them;

b. Communicate and demonstrate the importance of problem solving and its use in developing conceptual understanding;

c. Represent and model mathematical ideas;

d. Reason abstractly, reflectively, and quantitatively, including constructing viable arguments and proofs;

e. Attend to precision;

f. Identify elements of structure and express regularity in patterns of mathematical reasoning;

g. Use appropriate mathematical vocabulary and symbols to communicate mathematical ideas; and

h. Demonstrate the interconnectedness of mathematical ideas including making connections across various content areas and real-world contexts;

(4) In the area of mathematical pedagogy and assessment as a specialist, the ability to:

a. Apply knowledge of curriculum standards for elementary mathematics and their relationship to student learning within and across mathematical domains in teaching students and coaching and mentoring classroom teachers;

b. Coach and mentor teachers in planning instruction, incorporating developmentally appropriate mathematical activities, and investigations that require active engagement and include mathematics-specific technology in building new knowledge;

c. Analyze and consider research in planning for mathematics instruction;

d. Implement and promote techniques related to student engagement and communication, including:

Selecting high quality tasks;
Guiding mathematical discussions;
Identifying key mathematical ideas;
Identifying and addressing student misconceptions; and
Employing a range of questioning strategies;

e. Use mathematical content and pedagogical knowledge to select, use, adapt, and determine the suitability of mathematics curricula and teaching materials for particular learning goals;

f. Analyze students’ development in mathematics using holistic, analytical, and diagnostic tools;

g. Select and implement developmentally appropriate formative and summative assessments in their practice and train classroom teachers to administer and interpret assessment results to inform instruction by reflecting on mathematical proficiencies essential to all students;

h. Provide students and teachers with opportunities to communicate about mathematics and make connections among mathematics, other content areas, everyday life, and the workplace;

i. Monitor students’ progress and assist others including teachers, family members, and administrators, in making instructional decisions and in measuring and interpreting student assessment results;

j. Recognize, evaluate, and respond to multiple, often non-standard, solutions to problems; and

k. Use questions to effectively probe students’ understanding and make productive use of responses;

(5) In the area of mathematical learning environments and its impact on students, the ability to:

a. Exhibit knowledge of learning and demonstrate a positive disposition toward mathematical processes and learning;

b. Recognize cultural differences among learners and use this knowledge to motivate and extend learning opportunities in which students are actively engaged in building new knowledge from prior knowledge and experiences;

c. Create social learning contexts that engage learners in discussions and mathematical explorations among peers to motivate and extend learning opportunities;

d. Plan, create, and coach and mentor teachers in creating developmentally appropriate, sequential, and challenging learning opportunities in which students are actively engaged in building new knowledge from prior knowledge and experiences;

e. Apply mathematical content and pedagogical knowledge in the selection and use of instructional tools and promote and make sound decisions about when such tools enhance teaching and learning, recognizing both the insights to be gained and possible limitations of such tools;

f. Verify that students can demonstrate:

Conceptual understanding;
Procedural fluency;
The ability to formulate, represent, and solve problems;
Logical reasoning and continuous reflection of that reasoning;
Productive disposition toward mathematics; and
The application of mathematics in a variety of contexts; and

g. Collect, organize, analyze, and reflect on diagnostic, formative, and summative assessment evidence and determine the extent to which students’ mathematical proficiencies have increased as a result of their instruction or their efforts in coaching and mentoring teachers; and

(6) In the area of professional knowledge and skills, the ability to:

a. Demonstrate mathematics-focused instructional leadership through actions such as coaching, mentoring, and analyzing and evaluating educational structures and policies that affect students’ equitable access to high quality mathematics instruction;

b. Plan, develop, implement, and evaluate mathematics-focused professional development programs;

c. Evaluate the alignment of state mathematical standards, district curricula, and state and local assessments and recommend appropriate adjustments;

d. Support teachers in systematically reflecting on and learning from their mathematical practice;

e. Collaborate with school-based professionals to develop evidence-based interventions for high-and low-achieving students; and

f. Analyze and interpret mathematics assessment data and communicate results to appropriate and varied audiences.

History

#10506, eff 1-17-14; ss by #13102, eff 10-5-20 (formerly Ed 507.251) (see Revision Note at part heading for Ed 508); ss by #14367, eff 9-11-25, EXPIRES: 9-11-35

Part Ed 509 Credential Renewal and Validity

N.H. Code Admin. R. Ann. Ed 509.01 Recommended Renewal; Process for Educators Currently Employed Under a Local NH Professional Development Master Plan {#sec-ed-509.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 509.01}

(a) Educator licenses shall be renewed every 3 years. School nurse I may renew one time after the first 3 years of the initial license.

(b) In addition to compliance with the requirements of this section, the following shall be required for renewal:

(1) Documentation that the licensed educator has met the requirements of Ed 509.03 and Ed 513.04, or Ed 504.08, 504.09 and 513.07 for school nurse; and

(2) Payment of the renewal fee pursuant to Ed 505.08.

(c) The department shall provide opportunity for electronic submission of the documentation required under Ed 509.03 by the senior educational official.

(d) The senior educational official shall verify that each licensed educator whose license requires renewal has completed professional development as required in Ed 513.04. Verification shall include the name of the licensed educator and the licensed educator’s area(s) of endorsement.

(e) The licensed educator shall pay the appropriate fee in a timely manner to the department before the expiration of the educator’s license.

(f) Verifications under (c) and (d) above shall be made and the fee under (e) above shall be paid no later than June 30 of the year in which the license is required to be renewed. Late filings shall be treated in accordance with Ed 509.04.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED: 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; ss by #10362, eff 6-15-13; ss by #12418, eff 11-14-17; ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 509.02 Department of Education Renewal; Process for Educators Not Currently Employed Under a Local NH {#sec-ed-509.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 509.02}

Professional Development Master Plan.

(a) Educator licenses shall be renewed every 3 years. School nurse I may renew one time after the first 3 years of the initial license.

(b) In addition to compliance with the requirements of this section, the following shall be required for renewal:

(1) Documentation that the licensed educator has met the requirements of Ed 509.03 and Ed 513.05, or Ed 504.08, 504.09 and 513.07 for school nurse; and

(2) Payment of the renewal fee pursuant to Ed 505.08.

(c) Any licensed educator not currently employed by an, or teaching in an, educational organization with a valid New Hampshire license may submit documentation electronically to the department or may apply for a renewal directly by following the application procedures outlined in Ed 505.07(b)(3), Ed 505.08, and Ed 505.09(a)-(d).

(d) Every licensed educator not currently employed by an educational organization under a professional development master plan shall comply with Ed 513.05, Ed 513.06(b), or Ed 513.07(b) as required by the educator’s specific license type, and:

(1) Submit documentation electronically to the department of such compliance; or

(2) Mail documentation directly to the department documenting such compliance.

(e) Licensees not employed under the jurisdiction of a state approved local master plan for professional development shall submit evidence of approved professional development activities during the 3-year period preceding the application for license renewal as outlined in Ed 513.05, Ed 513.06, and Ed 513.07 as required by the specific license type.

(f) A development activity shall be approved by the department for purposes of (e) above if it includes one or more of the activities listed in Ed 513.02(c)(6).

(g) An educator who holds a valid license and is not employed in education for 3 or more years of service shall submit to the department evidence of satisfactory professional growth listed in Ed 509.03 or Ed 5123.05 as a basis for renewal of his/her license.

(h) The educator shall file all required documentation and pay the renewal fee, as outlined in Ed 505.08, no later than June 30 of the year in which the license is required to be renewed.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED: 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; ss by #10362, eff 6-15-13; ss by #12418, eff 11-14-17; ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 509.03 Renewal Documentation {#sec-ed-509.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 509.03}

(a) The school administrative unit shall submit to the department, for each educator whose license is required to be renewed, verification of professional development activities taking place within the 3 years preceding expiration date of the license consistent with the local master plan for professional development pursuant to Ed 513.

(b) Evidence of approved professional development activities in each subject area or field of specialization as required in accordance with Ed 513.04 or Ed 513.05, as applicable, shall be required for each educator who holds a license in more than one endorsement area.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; amd by #7923, eff 7-24-03; paragraphs (a)-(c) & (e) EXPIRED: 10-5-04; ss by #8229, eff 12-17-04; amd by #9993, eff 9-16-11; ss by #10362, eff 6-15-13; ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 509.04 Late Filing {#sec-ed-509.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 509.04}

(a) A renewal application shall be considered a late filing if it is received by the department after June 30 of the year of its expiration.

(b) A late filing shall be accepted by the department if the applicant meets renewal requirements and files:

(1) The appropriate lapsed license reinstatement fee as enumerated in Ed 505.09; and

(2) The appropriate licensure renewal fee pursuant to Ed 505.09.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; amd by #3198, eff 2-21-86; ss by #4851, eff 6-25-90; EXPIRED :6-25-96
#6349, eff 10-5-96; ss by #7923, eff 7-24-03; ss by #8229, eff 12-17-04; ss by #10362, eff 6-15-13; ss by #13103, eff 10-5-20; ss by #14263, eff 7-1-25, EXPIRES: 7-1-35

Part Ed 510 Code of Conduct

N.H. Code Admin. R. Ann. Ed 511.01 Grounds for Denial of License for Educator Certification {#sec-ed-511.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.01}

N.H. Code Admin. R. Ann. Ed 511.02 Grounds for Suspension or Revocation of Educator’s Certification {#sec-ed-511.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.02}

N.H. Code Admin. R. Ann. Ed 511.04 Effects of Certificate Surrender {#sec-ed-511.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.04}

N.H. Code Admin. R. Ann. Ed 511.05 Investigations {#sec-ed-511.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.05}

N.H. Code Admin. R. Ann. Ed 511.06 Due Process for Denial of Licensure for an Educator or Endorsement or Renewal or Reinstatement {#sec-ed-511.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.06}

The prior filings for Ed 511.01 and Ed 511.02 through Ed 511.06 included the following documents:

#2055, effective 6-16-82 #6822, effective 9-1-98

#2714, effective 5-16-84 #7091, effective 9-4-99

#4851, effective 6-25-90, EXPIRED 6-25-96 #8194, effective 10-26-04

#6349, effective 10-5-96 #10089, effective 2-23-12

N.H. Code Admin. R. Ann. Ed 510.01 Principle 1 - Responsibility to the Education Profession and Educational Professionals {#sec-ed-510.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 510.01}

(a) In fulfilling responsibilities to the education profession and educational professionals, a credential holder shall exemplify honesty and integrity in the course of professional practice.

(b) Unprofessional conduct shall include, but not be limited to:

(1) Discrimination against a fellow professional as specified in RSA 354-A:1;

(2) Failure to self-report within 5 business days if he or she has been arrested for any violation of offenses enumerated in RSA 189:13-a, V;

(3) Falsifying, fraudulently altering, or deliberately misrepresenting professional qualifications, including, but not limited to, degrees, academic awards, and related employment history when applying for a credential;

(4) Unlawful possession of a drug;

(5) Possessing, using, or being under the influence of alcohol or drugs not prescribed for the use of the credential holder when on school premises or at a school sponsored activity where students are present or may reasonably be expected to be present;

(6) Failure to notify the state at the time of application for credential of past criminal convictions, or of revocations or suspensions of a credential or license by New Hampshire or any other jurisdiction; and

(7) Falsifying or deliberately misrepresenting information submitted to the department in the course of an official inquiry, investigation, or both.

History

#12661, eff 11-9-18 (See Revision Note at part heading for Ed 510)

N.H. Code Admin. R. Ann. Ed 510.02 Principle 2 - Responsibility to Students {#sec-ed-510.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 510.02}

(a) In fulfilling responsibilities to students a credential holder shall maintain a professional relationship with all students, both inside and outside the educational setting, and make reasonable efforts to protect students from conditions which are harmful to their health and safety.

(b) Unprofessional conduct shall include, but not be limited to:

(1) Discrimination against a student as specified in RSA 354-A:1;

(2) Failure to provide appropriate supervision of students, pursuant to local school district policy adopted as specified in Ed 306.04, at school or school-sponsored activities or the failure to ensure the safety and well-being of students;

(3) Furnishing alcohol or illegal or unauthorized drugs to any student, or allowing or encouraging a student to consume alcohol or illegal or unauthorized drugs;

(4) Committing any of the following acts to any minor, or any student or prior student up to 10 months after the student’s graduation, departure, or departure in cases as specified in Ed 1102.01(f)(1), including, but not limited to:

a. Abuse, including, but not limited to physical and emotional abuse;

b. Cruelty or any act of endangerment;

c. Any sexual act with or from any student; and

d. Harassment as defined by state or federal law or regulations;

(5) Soliciting or encouraging participation in a romantic or sexual relationship, whether written, verbal, or physical, with a student the credential holder knows or should know is a student or prior student up to 10 months after the student’s graduation, departure, or departure in cases as specified in Ed 1102.01(f)(1); and.

(6) Soliciting a student, or a former student up to 10 months after the student’s graduation, departure, or departure in cases as specified in Ed 1102.01(f)(1), to engage in any illegal activity.

History

#12661, eff 11-9-18 (See Revision Note at part heading for Ed 510)

N.H. Code Admin. R. Ann. Ed 510.03 Principle 3-Responsibility to the School Community {#sec-ed-510.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 510.03}

(a) In fulfilling the responsibilities to the school community a credential holder shall communicate responsibly among members of the school community, while maintaining appropriate professional boundaries.

(b) Unprofessional conduct shall include, but not be limited to:

(1) Discrimination against a parent or guardian of a student or other member of the community who is on the school property as specified in RSA 354-A:1;

(2) Accepting or soliciting gratuities, gifts, or favors for personal use or gain where there might be an actual or appearance of a conflict of interest. Gifts of a small amount shall not be deemed a conflict of interest;

(3) Misuse of funds intended for use by the school, to include funds which are collected from parents and students; and

(4) Intentionally altering or misrepresenting student assessments, assessment results, or official school records.

History

#12661, eff 11-9-18 (See Revision Note at part heading for Ed 510)

N.H. Code Admin. R. Ann. Ed 510.04 Principle 4-Responsible and Ethical Use of Technology {#sec-ed-510.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 510.04}

(a) In fulfilling the responsibilities and ethical use of technology a credential holder shall consider the impact of consuming, creating, distributing, and communicating information through the use of any and all types of technology.

(b) Unprofessional conduct shall include, but not be limited to:

(1) Engaging in any activities as specified in Ed 510.02(b)(4)-(7) via electronic media with a student or former student up to 10 months after the student’s graduation, departure, or departure as specified in Ed 1102.01(f)(1); and

(2) Engaging in inappropriate communication with a student or former student up to 10 months after the student’s graduation, departure, or departure as specified in Ed 1102.01(f)(1) via electronic media.

(1) The intent, timing, subject matter, and amount of communication; and

(2) Whether:

a. The communication made was covert in nature;

b. The communication could reasonably be interpreted as solicitous, sexually explicit, or romantic in nature; and

c. The communication involved discussion(s) of the physical or sexual attractiveness or the sexual activities or fantasies of either the credential holder or the student.

History

#12661, eff 11-9-18 (See Revision Note at part heading for Ed 510)

N.H. Code Admin. R. Ann. Ed 510.05 Duty to Report {#sec-ed-510.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 510.05}

(a) Any credential holder shall report any suspected violation of the code of conduct following the school, school district, or SAU reporting procedures.

(b) If a principal has been notified of, or is personally aware that a credential holder might have violated the code of conduct, the principal shall report to the superintendent of the school district or SAU of employment.

(c) The superintendent, chief executive officer of a chartered public school or public academy, or headmaster of a nonpublic school, shall report any of the following to the department:

(1) When a superintendent has knowledge that a credential holder, as defined in Ed 501.02(l), has been arrested and charged with an offense enumerated in RSA 189:13-a, V; and

(2) When a superintendent has knowledge that a credential holder might have violated the code of conduct.

(d) If a credential holder suspects that a superintendent has violated the code of conduct or if a credential holder has made a report or complaint and believes the local reporting procedures have not been followed, the reporting credential holder shall notify the department directly.

(e) Credential holders who have reason to suspect that a student has been, or is being, abused or neglected, shall report the same to:

(1) The credential holder’s immediate supervisor, superintendent, or both; and

(2) The department of health and human services, pursuant to RSA 169-C:29.

(f) If the department has reason to suspect that any violation of the code of conduct was known by a credential holder and not reported as required by (a), (b), or (c) above, the department shall undertake an investigation, as enumerated in Ed 511.01.

(g) The department shall review the report or complaint of possible misconduct in accordance with Ed 511.01.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8194, eff 10-26-04; ss by #10089, eff 2-23-12; ss and renumbered by #12661, eff 11-9-18 (formerly Ed 510.01) (see Revision Note at part heading for Ed 510); ss by #13999, eff 6-14-24

Part Ed 511 Investigations and Disciplinary Proceedings

N.H. Code Admin. R. Ann. Ed 511.01 Grounds for Denial of License for Educator Certification {#sec-ed-511.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.01}

N.H. Code Admin. R. Ann. Ed 511.02 Grounds for Suspension or Revocation of Educator’s Certification {#sec-ed-511.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.02}

N.H. Code Admin. R. Ann. Ed 511.04 Effects of Certificate Surrender {#sec-ed-511.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.04}

N.H. Code Admin. R. Ann. Ed 511.05 Investigations {#sec-ed-511.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.05}

N.H. Code Admin. R. Ann. Ed 511.06 Due Process for Denial of Licensure for an Educator or Endorsement or Renewal or Reinstatement {#sec-ed-511.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.06}

The prior filings for Ed 511.01 and Ed 511.02 through Ed 511.06 included the following documents:

#2055, effective 6-16-82 #6822, effective 9-1-98

#2714, effective 5-16-84 #7091, effective 9-4-99

#4851, effective 6-25-90, EXPIRED 6-25-96 #8194, effective 10-26-04

#6349, effective 10-5-96 #10089, effective 2-23-12

N.H. Code Admin. R. Ann. Ed 511.01 Complaints, Cases, and Investigations {#sec-ed-511.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.01}

(a) All complaints which allege possible educator misconduct or could involve possible educator misconduct shall be reviewed by the department.

(b) After the complaint is reviewed, if the department determines that a possible violation of the code of conduct has occurred, the department shall open a case with an assigned number.

(c) In reviewing the case, if the department determines by preponderance of the evidence that a violation of the code of conduct has occurred, the case shall become an investigation at which point the credential holder shall be placed under investigation, with the following conditions:

(1) Credential holders who are placed under investigation shall be notified in writing, via certified mail, that an investigation has been opened, the nature of the allegation, and a summation of the facts within 15 days of the initiation of the investigation;

(2) Once under investigation, a credential holder who surrenders their credential shall be deemed to be revoked;

(3) The credential status of credential holders who are placed under investigation shall be valid, except for credential holders who are subject to immediate suspension pursuant to Ed 511.05; and

(4) A case that has not become an investigation within 90 days shall be closed.

(d) The credential holder’s current superintendent shall be notified in writing by the department that an investigation has been opened, and when it is closed, unless the department determines that the notification might compromise the investigation.

(e) Evaluations of complaints, cases, and investigations into allegations of educator misconduct, as defined in the code of conduct, shall not constitute a disciplinary hearing and shall not constitute a finding of misconduct against a credential holder.

(f) Investigations shall be conducted by department personnel, except if the department determines that there is a need to contract with an independent investigator or needs to conduct the investigation in cooperation with another state or federal agency.

(g) The department shall make every attempt to:

(1) Obtain any and all documentation which might be relevant to the investigation; and

(2) Interview all individuals who may have relevant information which pertains to the investigation including, but not limited to:

a. Parents or guardians;

b. Students, with permission from the parent or guardian if they are under 18;

c. The credential holder;

d. Administration; and

e. Other educational personnel, to include uncredentialed staff.

(h) Once the investigation is complete, the department shall produce a report to inform the credential holder of the findings in one of the following manners:

(1) The department shall create a report which documents the results of the investigation; or

(2) The department shall adopt the factual basis of the school district’s independent investigative report or law enforcement’s investigative report to fulfill the requirement of this subsection.

(i) If the department adopts the factual basis in (h)(2) above, it shall provide a summary statement to the credential holder informing the individual that it has adopted the factual basis of the independent report, and how those facts substantiate a violation of the code of conduct.

(j) If the investigation finds that the credential holder did not violate the code of conduct, the credential holder shall be notified in writing and the investigation closed within 15 days of the termination of the investigation.

History

#12661, eff 11-9-18 (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.01(a)-(i)) (see Revision Note at chapter heading for Ed 500)

N.H. Code Admin. R. Ann. Ed 511.02 Post Investigation Procedures {#sec-ed-511.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.02}

(a) If the investigation supports a finding that the credential holder violated the code of conduct, the department shall issue a written notice to the credential holder containing:

(1) A summation of the findings of the investigation, which may include incorporation of other reports as necessary; and

(2) How they support the proposed sanction, and propose a form of discipline as follows:

a. No discipline warranted;

b. Reprimand, which shall include a provision to petition the reprimand to be removed from the credential holder’s file after a specified period of time;

c. Suspension;

d. Nonrenewal; or

e. Revocation.

(b) The department shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as specified in (d) and (e) below.

(1) The seriousness of the offense;

(2) The credential holder’s prior disciplinary record;

(3) Potential risk of harm to children, public health, and safety; and

(4) The purpose of the rule violated.

(d) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) The credential holder’s acknowledgment of wrongdoing; and

(3) The purpose of the rule or statute violated.

(e) If no disciplinary sanction is proposed, the department shall notify the credential holder in writing that there was a finding but no disciplinary sanction, and the investigation shall be closed.

(f) Cases and investigations, inclusive of the department’s investigatory reports, school district reports, law enforcement reports, and all other information gathered during the course of reviewing a case and an investigation shall be confidential, with the following exceptions:

(1) The report shall be made available to the credential holder and their attorney in any adjudicatory proceedings resulting from this section; and

(2) If the department determines it is appropriate after consultation with the AG’s office, the department shall provide information gathered in the disciplinary investigation to the following:

a. Pursuant to a subpoena or warrant from a law enforcement agency when the agency is conducting a criminal investigation of the credential holder;

b. The state board if the matter is appealed to the state board; and

c. A certifying agency of another jurisdiction for:

Purposes of certification of the credential holder in the other jurisdiction; or
An investigation of the credential holder by the other jurisdiction when:

(i) The credential holder was the subject of an investigation under Ed 511; or

(ii) Disciplinary action was taken against the credential holder by the board pursuant to Ed 511.

History

#12661, eff 11-9-18 (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.01(j)-(o)) (see Revision Note at chapter heading for Ed 500)

N.H. Code Admin. R. Ann. Ed 511.03 Reprimand, Suspension, Nonrenewal, or Revocation {#sec-ed-511.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.03}

(a) At any time, the credential holder and the department may agree to a proposed disciplinary finding in which case no disciplinary hearing shall be held.

(b) The credential holder and the department shall reduce their agreement to a writing which sets out the terms of the discipline and the section of the code of conduct relevant to the discipline.

(c) The credential holder shall receive a copy of the agreement in (b) above, and a copy shall be placed in the credential holder’s electronic credentialing file at the department once signed.

(d) The department shall notify the credential holder’s superintendent of the discipline that was imposed.

(e) Any credential holder whose credential is revoked, nonrenewed due to disciplinary reasons, or who voluntarily agrees to a revocation shall be prohibited from applying or reapplying for any other credential issued by the state board.

(f) Any suspension or revocation shall be included in the department’s “revoked or suspended educator list,” which is available on the department’s website and provided to school districts.

(g) Any suspension, nonrenewal due to disciplinary reasons, or revocation shall be entered into the National Association of State Director of Teacher Education and Certification (NASDTEC).

(h) Once the suspension period has been served, the credential holder’s name shall be removed from the “revoked or suspended educator list,” but the record of said suspension shall remain in the credential holder’s electronic credentialing file at the department.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #6822, eff 9-1-98; ss by #8194, eff 10-26-04; ss by #10089, eff 2-23-12; ss and renumbered by #12661, eff 11-9-18 (formerly Ed 510.03) (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.02) (see Revision Note at chapter heading for Ed 500)

N.H. Code Admin. R. Ann. Ed 511.04 Disciplinary Hearings {#sec-ed-511.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.04}

(a) A credential holder shall have 15 days from the receipt of the written proposed discipline to do one of the following:

(1) Accept the proposed discipline by signing and returning to the department the proposed discipline letter; or

(2) If the credential holder does not agree with the proposed disciplinary finding, request in writing to the department an adjudicatory hearing, which shall commence pursuant to Ed 200.

(b) If after 15 days the credential holder has not completed one of the actions in (a) above, the department shall impose the proposed discipline.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED: 6-25-96
#6349, eff 10-5-96; EXPIRED: 10-5-04
#8194, eff 10-26-04; ss by #10089, eff 2-23-12; ss and renumbered by #12661, eff 11-9-18 (formerly Ed 510.02) (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.03) (see Revision Note at chapter heading for Ed 500)

N.H. Code Admin. R. Ann. Ed 511.05 Status of a Credential Pending Completion of Disciplinary Proceeding {#sec-ed-511.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.05}

(a) When the department receives information indicating that a credential holder has been arrested for one of the offenses enumerated in RSA 189:13-a, V, the credential holder’s credential and any and all endorsements shall, be immediately suspended pursuant to RSA 541-A:30, III, unless the commissioner determines otherwise after reviewing the considerations enumerated in Ed 511.02(c)-(d).

(b) The department shall notify the credential holder and the employing school district that the credential holder’s credential has been suspended pending an investigation by the department.

(c) An adjudicatory hearing shall commence within 10 working days after the suspension of the credential in accordance with RSA 541-A:30, III, unless expressly waived by the credential holder.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96, EXPIRED: 10-5-04
#8194, eff 10-26-04; ss by #10089, eff 2-23-12; ss and renumbered by #12661, eff 11-9-18 (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.04) (see Revision Note at chapter heading for Ed 500)

N.H. Code Admin. R. Ann. Ed 511.06 Grounds for Reinstatement After Suspension {#sec-ed-511.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.06}

A credential which has been suspended shall be reinstated if:

(a) The period of the suspension has passed and any and all terms and conditions regarding possible reinstatement have been satisfied; or

(b) A credential holder whose credential has been suspended demonstrates by clear and convincing evidence that the credential holder has corrected the deficiencies or conduct which led to the original suspension.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #6822, eff 9-1-98; ss by #8194, eff 10-26-04; ss by #10089, eff 2-23-12; ss and renumbered by #12661, eff 11-9-18 (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.04) (see Revision Note at chapter heading for Ed 500

N.H. Code Admin. R. Ann. Ed 511.07 Request for Early Reinstatement. {#sec-ed-511.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 511.07}

(a) A credential holder who seeks early reinstatement of their teaching credential, prior to the terms of the imposed discipline, shall submit a written request to the state board for review, with consideration for such a request occurring at the next regularly scheduled meeting. The credential holder may appear in front of the state board in support of their request.

(b) Such written request shall include evidence that the credential holder has corrected the deficiencies or conduct which led to the original disciplinary action.

History

#13999, eff 6-14-24 (see Revision Note at chapter heading for Ed 500)

Part Ed 512 Denial of Certification

N.H. Code Admin. R. Ann. Ed 512.01 Denial of Credential {#sec-ed-512.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 512.01}

(a) A credential application shall be denied by the state board based on the following grounds:

(1) Failure to meet the conditions for issuance of the license, endorsement, renewal, or reinstatement;

(2) The applicant has been charged pending disposition for, or convicted, of any violation or attempted violation of one of the statutes listed in RSA 189:13-a, V, or has been convicted of any felony in any other state, territory, or country;

(3) The applicant is confirmed to have a finding of abuse as described in RSA 169-C:35;

(4) The applicant is under investigation for, under suspension for, or has been revoked for a violation of the principles of professional conduct enumerated in Ed 510.01 through Ed 510.04; or

(5) The applicant is under investigation, under suspension, or has been revoked in any other state, jurisdiction, territory, or country.

(b) An applicant aggrieved by the decision of the department to deny an application may file a petition for reconsideration along with supporting documentation to the director within 20 days after receipt of the denial decision. If the petition for reconsideration is denied, the applicant may appeal the department's decision pursuant to RSA 21-N:11, III, and Ed 200.

History

#6349, eff 10-5-96, EXPIRED: 10-5-04
#8229, eff 12-17-04; ss by #10362, eff 6-15-13; ss and renumbered by #12661, eff 11-9-18 (formerly Ed 508.07) (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20; ss by #13374, INTERIM, eff 4-26-22, EXPIRED: 10-23-22
#13562, eff 2-22-23

Part Ed 513 Professional Development Master Plan and Renewal

N.H. Code Admin. R. Ann. Ed 513.01 Basic Requirement {#sec-ed-513.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.01}

Each school administrative unit, local school district, or participating nonpublic school shall prepare a 5-year master plan in accordance with requirements of this part.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6349, eff 10-5-96; ss by #7045, eff 7-1-01; ss by #8335, eff 4-23-05; ss by #10245, eff 12-21-12; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 513.02 Criteria for State Approval of Local Professional Development Master Plan {#sec-ed-513.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.02}

The following criteria shall apply to the approval of the master plan:

(a) Each school administrative unit, local school district, or participating nonpublic school shall file with the department the 5-year master plan required by Ed 513.01;

(b) The senior educational official shall establish a local professional development committee which shall include representation of licensed educators including teachers, paraeducators, certified licensed service professionals, and administrators. This committee may include local school board members, parents, or community lay persons;

(c) The local professional development committee shall develop and monitor the master plan according to Ed 513.02(Ed) through (g) under the direction of the senior educational official in accordance with local school board policies, state statutes, and state board rules;

(d) The professional development master plan shall include the following:

(1) The process and procedures for establishment of a local professional development committee;

(2) A statement describing the purpose of the master plan that includes but is not limited to:

a. The educational organization’s definition of professional development that directs continuous professional learning to increase educator effectiveness and improve results for all students;

b. The role of the plan in increasing educator effectiveness and the relationship between professional learning and the local evaluation system;

c. The role of the plan in increasing student learning and academic achievement;

d. The alignment with local, state, and national professional development standards; and

e. The function and role of the plan for license renewal of all educators;

(3) A statement describing the role and function of the local professional development committee which includes, but is not limited to:

a. How the committee will develop, monitor, implement, evaluate, and propose changes to the plan;

b. How the committee will collaborate with other district committees or teams in developing an overarching framework for professional development including, but not limited to:

School improvement committees;
Local improvement committees; and
Leadership teams; and

c. How the committee shall be involved with individual educator license renewal and how appeals of decisions in the local process will be handled;

(4) A description of the needs assessment process that includes a data collection system and how the school or district makes decisions regarding professional development priorities in order to:

a. Identify student learning needs;

b. Determine individual licensed educator goals;

c. Determine educational organization goals;

d Evaluate student learning and licensed educator growth;

e. Measure the effectiveness of an individual professional development plan; and

f. Evaluate the effectiveness of the master professional development plan on an ongoing basis;

(5) Procedures for recommending licensed educators for licensure renewal that provide evidence of each licensed educator’s growth in:

a. Knowledge of content area(s), subject, or field of specialization including requirements of individual endorsement areas in Ed 506, Ed 507, and Ed 508;

b. Pedagogy and knowledge of learners and learning as defined in Ed 610.02 and Ed 505.03;

c. Professional standards as referenced in the local evaluation system; and

d. Effective instructional practices related to school and district goals that increase student achievement as demonstrated by data such as but not limited to:

The education improvement and assessment program, RSA 193C:3, III;
Portfolios;
Analysis of student work;
Standardized and other local assessment instruments; and
Performance evaluations and portfolios of professional work;

(6) A description of the job-embedded and formal professional development activities that the school or district supports for a comprehensive, sustained, and intensive approach to improving educator effectiveness in raising student achievement such as but not limited to:

a. Observations;

b. Independent study;

c. Study groups and professional learning communities;

d. Action research;

e. Educational peer coaching;

f. Mentoring;

g. Curriculum, instruction, and assessment development;

h. Lesson study;

i. Collegiate or graduate course work; and

j. Workshops, webinars and professional conferences;

(7) How the activities in (6) shall:

a. Be facilitated by school principals, school-based professional development coaches, mentors, master teachers, or other teacher leaders;

b. Engage licensed educators in a continuous cycle of improvement;

c. Foster collective responsibility for improved student performance;

d. Support coherent, sustained, and evidenced-based learning strategies; and

e. Provide coaching or other forms of support to transfer new knowledge and skills to the classroom; and

(8) Describe differentiated processes to address the unique professional learning needs of all credential holders;

(e) The professional development master plan shall comply with state credentialing rules and with federal, state and local laws, rules, and regulations, including the local education improvement plan required in federal grant applications;

(f) The professional development master plan shall include the following processes for developing comprehensive 3-year individual professional development plans that describe how:

(1) Individual plans are developed and goals are determined;

(2) Individual plans and goals are approved;

(3) Individual plans are formatively assessed and summatively evaluated;

(4) Progress is documented and recorded by the district;

(5) Activities and documentation from in-progress plans are accepted and transferred into the school or district including how district requirements are pro-rated for the remainder of the 3 year cycle;

(6) Requirements for endorsements that are added mid-cycle are pro-rated;

(7) Disputes are handled including an appeals process;

(8) Licensed educators reflect on and provide evidence of the impact of professional learning on their own educational practices and on student learning; and

(9) Recommendations for licensure renewal are determined;

(g) The professional development master plan shall allow individuals licensed educators to document and provide evidence that they have met the requirements for licensure renewal as part of the differentiation of professional learning for the unique needs of licensed educators as follows:

(1) For all of the methods, the professional development master plan shall specify how individual licensed educators reflect on and provide evidence of the impact of professional learning on their own educational practices and on student learning and provide evidence that the professional development addresses:

a. Increases in educator learning;

b. Growth in student learning and academic achievement;

c. Content area knowledge and pedagogy;

d. The individual educational organization goal(s); and

e. Professional standards such as those in the local evaluation plan; and

(2) Using any one of the following methods:

a. The development of a body of evidence that documents jobembedded or formal professional development;

b. An accumulation of a minimum of 75 continuing education hours with 30 hours for each endorsement area and 45 hours documenting jobembedded or formal professional development; or

c. A combination of less than 75 continuing education units and evidence that together document job-embedded or formal professional development addressing the school or district improvement goal(s) and content area;

(h) The department shall review each professional development master plan and:

(1) Approve such plan in writing if it meets the requirements of this section; or

(2) Confirm in writing that the plan needs modification and a timeline for completing the required revisions;

(i) If the professional development master plan is amended by the school or district, the amendments shall be made in accordance with this section, as confirmed by the department; and

(j) Representatives of the department shall make an on-site visitation, on an as-needed basis as determined by the department, in order to observe whether the local administration of the master plan adheres to the criteria set forth in this section.

History

#6349, eff 10-5-96; ss by #7045, eff 7-1-01; ss by #8335, eff 4-23-05; ss by #10245, eff 12-21-12; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 513.03 Individual Professional Development Plan {#sec-ed-513.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.03}

(a) Each licensed educator shall develop, in collaboration with a supervisor or the supervisor’s designee, an individual plan as follows:

(1) A licensed educator shall file the individual professional development plan with the educational organization for review and approval according to the criteria in (3) below;

(2) The individual professional development plan shall be developed for a 3-year period consistent with the licensed educator’s endorsement(s) and incorporate one of the 3 options as defined in the local master plan, referenced in Ed 513.02(g)(2);

(3) The individual professional development plan shall include one or more goals for improving student learning and be developed from:

a. The licensed educator’s self-assessment or reflection on competencies referenced in Ed 505.03 and the content area standards referenced in Ed 506, Ed 507, and Ed 508;

b. Analysis of student work;

c. Analysis of student achievement data, if available; and

d. A review of the educational organization master plan needs assessment; and

(4) The individual professional development plan shall outline the licensed educator’s growth in the following:

a. Knowledge of content area(s), subject, or field of specialization, including requirements of individual endorsement(s) in Ed 506, Ed 507, and Ed 508;

b. Pedagogy and knowledge of learners and learning as defined in Ed 505.03;

c. Professional standards as referenced in the local evaluation system; and

d. Effective instructional practices related to educational organization goals that increase student achievement.

(b) Each licensed educator whose license expires in a given year shall provide evidence of their individual plan including reflection. The individual plan shall be summatively evaluated as specified in the local professional development master plan.

(c) Professional development completed after nomination or election pursuant to RSA 189:14-a, shall be counted toward the next 3-year licensure renewal cycle.

(d) A licensed educator who is employed under a master plan and who holds a professional certificate that supports his or her current assignment shall develop an individual professional development plan that supports the educator’s current assignment.

(e) For multiple endorsement areas, the individual professional development plan shall address each endorsement area.

History

#6349, eff 10-5-96; ss by #7045, eff 7-1-01; ss by #8335, eff 4-23-05; ss by #10245, eff 12-21-12; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 513.04 Criteria for License Renewal of Educators Under the Professional Development Master Plan {#sec-ed-513.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.04}

The following criteria shall apply for license renewal of educators under the professional development master plan:

(a) The senior educational official shall verify the successful completion of the licensed educator’s individual professional development plan, based on one of the options referenced in Ed 513.02(g)(2);

(b) The individual professional development plan shall address the elements described in Ed 513.03(a)(4); and

(c) Upon recommendation for renewal the licensee shall submit the “Recommended for Renewal Application” form, January 2020, as referenced in Ed 505.07(b)(4), in accordance with the application procedures outlined in Ed 505.09(a)-(d), along with the appropriate fee as outlined in Ed 505.08.

History

#7045, eff 7-1-01; ss by #8335, eff 4-23-05; ss by #10245, eff 12-21-12; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 513.05 Criteria For License Renewal of Educators Not Under the Local Professional Development Master Plan {#sec-ed-513.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.05}

(a) Licensed educators, excluding those enumerated in Ed 513.06 and Ed 513.07, seeking licensure renewal who are not employed by an educational organization under a professional development master plan, shall submit an individual professional development plan developed for a 3-year period, consistent with the licensed educator’s endorsement(s), to the department for review.

(b) The individual professional development plan shall be approved by the department if it meets the following requirements:

(1) An accumulation of a minimum of 75 continuing education hours with 30 hours for each endorsement area and 45 hours aligned with Ed 505.03 or a body of evidence as an alternative to the hours; and

(2) Two or more goals for improving student learning, as developed from the educator’s self-assessment or reflection on competencies referenced in Ed 505.03 and the content area standards referenced in Ed 506, Ed 507, and Ed 508.

History

#7045, eff 7-1-01; ss by #8335, eff 4-23-05; ss by #10245, eff 12-21-12; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 513.06 Licensed Paraeducators and Educational Interpreter and Transliterators {#sec-ed-513.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.06}

Requirements for paraeducators and educational interpreter and transliterators licensed under Ed 504.06, Ed 504.07, and Ed 504.11 shall be as follows:

(a) For those licensed paraeducators who are employed by an agency listed in Ed 513.01, a minimum of 50 continuing education units shall be required in areas determined by the local professional development master plan required by this part; and

(b) For those licensed paraeducators who are not employed by an agency listed in Ed 513.01, a minimum of 50 continuing education units of paraeducator growth shall be required.

History

#7045, eff 7-1-01; ss by #8335, eff 4-23-05; amd by #8667, eff 7-1-06; ss by #10245, eff 12-21-12; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

N.H. Code Admin. R. Ann. Ed 513.07 School Nurse {#sec-ed-513.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 513.07}

In addition to the renewal requirements under Ed 504.08 and Ed 504.09, renewal requirements for school nurse shall be as follows:

(a) For those licensed school nurses who are employed by an agency listed in Ed 513.01, a minimum of 45 school nurse related continuing education units shall be required; and

(b) For those licensed school nurses who are not employed by an agency listed in Ed 513.01, a minimum of 45 school nurse related continuing education units shall be required.

APPENDIX I

RULE

SPECIFIC STATE STATUTE THE RULE IMPLEMENTS

Ed 501

RSA 186:8, II; RSA 189:39

Ed 502

RSA 186:11, X(a)

Ed 502.02

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 503.01

RSA 189:39

Ed 503.01(a)

RSA 21-N:9, II(q); RSA 186:8, III

Ed 503.01(b)

RSA 189:39

Ed 503.02

RSA 21-N:9, II(s)

Ed 503.03

RSA 186:11, X(a)

Ed 504.01

RSA 21-N:9, II(s)

Ed 504.02

RSA 21-N:9, II(s)

Ed 504.03

RSA 21-N:9, II(s)

Ed 504.031

RSA 189:14-f

Ed 504.04 - Reserved

Ed 504.05

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 504.06

RSA 21-N:9, II(s)

Ed 504.07

RSA 21-N:9, II(s)

Ed 504.08-Ed 504.10

RSA 200:29

Ed 504.11

RSA 21-N:9, II(s); RSA 186-C:2

Ed 504.12

RSA 189:13-a, V-VI; RSA 189:13-b; RSA 189:13-c

Ed 505.01

RSA 21-N:9, II(s)

Ed 505.02 – Ed 505.04

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 505.06

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 505.04

RSA 21-N:9, II(s); RSA 186:11, X(a); RSA 186:8, IV

Ed 505.05 - Ed 505.06

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 505.07

RSA 21-N:9, II(s); RSA 186:11, X(a) and (b)

Ed 505.08

RSA 21-N:9, II(s); RSA 186:11, X(a) and (b); RSA 189:13-b; RSA 189:13-c; RSA 189:14-g; RSA 200:29; RSA 541-A:29; RSA 641:3

Ed 505.09

RSA 186:11, X(a); RSA 541-A:29

Ed 506.01 – Ed 506.03

RSA 186:11, X(a)

Ed 506.04

RSA 21-N:9, II(s)

Ed 506.04(b)

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 506.04(c)

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 506.05

RSA 21-N:9, II(s)

Ed 506.06

RSA 186:11, X(a)

Ed 506.07

RSA 21-N:9, II(s)

Ed 506.07(b)(1)d.

RSA 186-C:2, III; 34 CFR 300.15; CFR 341-350

Ed 506.08

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 506.08(f) intro and (4)

RSA 21-N:9, II(s)

Ed 505.09

RSA 186:11, X(a); RSA 541-A:29

Ed 506.10

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 507.01 - Reserved

Ed 507.02

RSA 186:11, X(a)

Ed 507.03

RSA 186:11, X(a)

Ed 507.04 - Reserved

Ed 507.05

RSA 186:11, X(a)

Ed 507.06 - Reserved

Ed 507.07 - Reserved

Ed 507.08 - Reserved

Ed 507.09

RSA 21-N:9, II(s); RSA 186:8, V

Ed 507.10

RSA 21-N:9, II(s)

Ed 507.11

RSA 21-N:9, II(s); RSA 186:8, V

Ed 507.12 - Reserved

Ed 507.13

RSA 186:11, XXXI; RSA 263:19, I

Ed 507.14 - Reserved

Ed 507.15

RSA 186:8, IV-V; RSA 186:11, IX; RSA 186:11, X(a); RSA 189:10, II; RSA 186:11-d, I; RSA 193-J:2, I(b)

Ed 507.16

RSA 21-N:9, II(s); RSA 186:8, IV-V; RSA 186:11, X(a); RSA 189:10, II

Ed 507.17

RSA 186:11, X(a)

Ed 507.18

RSA 21-N:9, II(s)

Ed 507.19 - Reserved

Ed 507.20 - Reserved

Ed 507.21 - Reserved

Ed 507.22 - Reserved

Ed 507.23 - Reserved

Ed 507.24

RSA 186:8, III-IV, RSA 186:11,X(a)

Ed 507.25 - Ed 507.26

RSA 186:8, III- IV, RSA 186:11,X(a), RSA 21-N:9,II(s)

Ed 507.251

RSA 186:8, III- IV, RSA 186:11,X(a)

Ed 507.27

RSA 186:8, III- IV, RSA 186:11,X(a), RSA 21-N:9,II(s)

Ed 507.28 - Ed 507.33

RSA 186:8, III-IV, RSA 186:11,X(a)

Ed 507.34

RSA 186:11, X(a)

Ed 507.35

RSA 21-N:9, II(s)

Ed 507.36 - Reserved

Ed 507.37

RSA 21-N:9, II(s)

Ed 507.38

RSA 186:11, X(a)

Ed 507.39

RSA 21-N:9, II(s)

Ed 507.391

RSA 186:11, X(a)

Ed 507.40

34 CFR 300.156; RSA 186:8, V; RSA 186-C:1; RSA 186-C:16, VIII

Ed 507.41

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 507.42

RSA 21-N:9, II(s)

Ed 507.43

RSA 21-N:9, II(s)

Ed 507.44

RSA 21-N:9, II(s)

Ed 507.45

RSA 21-N:9, II(s)

Ed 507.46 – Ed 507.47

RSA 186:11, X(a)

Ed 507.49

RSA 21-N:9, II(s)

Ed 507.50

RSA 186:11, X(a)

Ed 507.50(a)

RSA 186:8, III-IV, RSA 186:11,X(a)

Ed 507.51

RSA 186:8, III-IV, RSA 186:11,X(a)

Ed 507.52

RSA 21-N:9, II(s); RSA 186:11, X

Ed 507.53

RSA 186:8, III-IV, RSA 186:11,X(a)

Ed 507.54

RSA 186:11, X (a); RSA 200-O:2, II; RSA 200-O:4, I

Ed 508.01

RSA 21-N:9, II(s); RSA 186:8, IV-V; RSA 186:11, X(a)

Ed 508.02

RSA 21-N:9, II(s); RSA 186:8, IV; RSA 186:11, X(a)

Ed 508.03

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.04

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.05

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.06

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.07

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.08

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.09

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 508.10

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 509.01- Ed 509.02

RSA 200:29, RSA 186:11, X(a)

Ed 509.03

RSA 21-N:9, II(s); RSA 186:11, X(a)

Ed 509.04

RSA 21-N:9, II(s); RSA 186:11, X(b)

Ed 510

RSA 186:11, X(e); RSA 21-N:9, II(cc)

Ed 511

RSA 186:11, X(a); RSA 189:13-a; RSA 189:13-b; RSA 189-13-c; RSA 541-A:30, II-III

Ed 512

RSA 186:11, X(a)

Ed 512.07

RSA 200:29; RSA 21-N:9, II(s)

Ed 513

RSA 186:11, X(a)

Ed 513.06 (introduction and (b)

RSA 21-N:9, II(s)

Ed 513.07

RSA 200:29; RSA 21-N:9, II(s)

APPENDIX II

Rule

Title

Obtain at

Ed 507.14 (b)(2)d

National Association of Social Workers. Code of Ethics, 2008

Available for download online at

https://www.socialworkers.org/pubs/code/code.asp?print=1&

Purchase online from NASW Press:

http://www.naswpress.org/publications/standards/code.html

Bulk order: $125.00 for 40 copies.

Single copy: $5.00; please call 1-800-227-3590 for ordering individual copies.

Ed 507.14 (b)(2)c

National Association of Social Workers.

Standards for School Social Work Services, 2012.

Available for download online at https://www.socialworkers.org/practice/standards/School_Social_Work.asp

Purchase online from NASW Press:

http://www.naswpress.org/publications/standards/school-services.html

Bulk order: $85.00 for 40 copies.

Single copy: $4.00; please call 1-800-227-3590 for ordering individual copies.

Ed 507.15 (a)(8)

Joint Committee on National Health Standards.

National Health Education Standards/Achieving Excellence, 2^nd ed., 2007.

Available online at

Center for Disease Control and Prevention

http://www.cdc.gov/healthyyouth/sher/standards/index.htm

American Cancer Society Bookstore

250 Williams Street NW

Atlanta, Georgia, 30303

Online bookstore: http://www.cancer.org/cancer/bookstore/index

Paperback $29.95; ebook $19.99; CD ROM $19.95

Ed 507.19(b)

NASP Principles of Professional Ethics (2010)

Go to:

https://www.nasponline.org/standards-and-certification/professional-ethics

No cost for PDF document

National Association of School Psychologists

4340 East West Highway, Suite 402

Bethesda, MD 20814

Phone: (301) 657-0270 | Toll Free: (866) 331-NASP

Cost: Member Price: $48.00; Nonmember Price: $60.00

Ed 507.19(b)(8)

NASP Principles of Professional Ethics (2010)

Go to

http://www.nasponline.org/assets/Documents/Standards%20and% 20Certification/Standards/1_%20Ethical%20Principles.pdf

No cost for PDF document

National Association of School Psychologists

4340 East West Highway, Suite 402

Bethesda, MD 20814

Phone: (301) 657-0270/Toll Free: (866) 331-NASP

Cost: Member Price: $48.00; Nonmember Price: $60.00

Ed 507.29(d)(4)a.

National Science Teachers Association’s Position Statement on the Responsible Use of Live Animals and Dissection

in the Science Classroom, March 2008

http://www.nsta.org/about/positions/animals.aspx

Ed 507.29(d)(4)b

The Globally Harmonized System for Hazard Communication of 2007

http://www.unece.org/trans/danger/publi/ghs/ghs_rev02/02files_e.html

Ed 507.37(b)(3)b.

American Sign Language Teachers’ Association Area 1 (2014)

Available online at the American Sign Language Teachers’ Association https://aslta.org

https://aslta.org/2014/07/aslta-standards-for-teachers-of-american-sign-language/

Ed 507.37(b)(3)c.

Gallaudet University’s ASL Proficiency Interview Diagnostics

Available online at the Galludet University

http://www2.gallaudet.edu/

http://www.gallaudet.edu/asldes/aslpi.html

Ed 507.37(c)(1)a.

American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines (2012)

Available online at American Council on the Teaching of Foreign Language https://www.actfl.org

https://www.actfl.org/publications/guidelines-and-manuals/actfl-proficiency-guidelines-2012

Ed 507.37(c)(1)b.

New Hampshire Guidelines for World Language Learning K-College

Available online at NH Association of World Language Teachers http://nhawlt.org

http://nhawlt.org/images/Handouts/nhwlguidelines.pdf

Ed 507.40

34 CFR 300.504, May 2017

https://sites.ed.gov/idea/regs/b/e/300.504 No cost

Ed 507.49 (d)(6)b

2014 National Core Arts Standards in Dance

Available for download online at

http://www.nationalartsstandards.org/

Ed 508.01(b)(2)a.(i)

The American School Counselor Association (ASCA) Ethical Standards for School Counselors , revised 2016

https://www.schoolcounselor.org/school-counselors/standards

Free

Ed 508.01(b)(2)a.(ii)

ASCA 2019 School Counselor Professional Standards & Competencies

https://www.schoolcounselor.org/school-counselors/standards

Free

Ed 508.01(b)(2)a.(iii)

ASCA 2014 Mindsets and Behaviors for Student Success: K-12 College- and Career-Readiness Standards for Every Student

https://www.schoolcounselor.org/school-counselors/standards

Free

Ed 508.03(b)(2)c.

National Association of Social Workers (NASW) Code of Ethics (2017)

https://www.socialworkers.org/about/ethics/code-of-ethics/code-of-ethics-english

Available for purchase for $6.99

Ed 508.03(b)(2)d.

NASW Standards for School Social Work Services (2012)

https://www.socialworkers.org/LinkClick.aspx?fileticket=1Ze4-9-Os7E%3d&portalid=0

Free

Ed 508.04(b)(1)f.

National Association of School Psychologists Principles for Professional Ethics (2010)

https://www.nasponline.org/standards-and-certification/professional-ethics

Free

Ed 504.12(c)(2)a

Criminal History Record Release Form, DSSP382, Effective 10/1/16

https://www.nhsp.dos.nh.gov/resources/documents-and-forms

Ed 504.12(c)(2)b

Contracted School Transportation Providers

New Hampshire Department of Safety, Division of State Police, Central Repository for Criminal Records, 33 Hazen Drive, Concord, NH 03305

History

#12418, eff 11-14-17; renumbered by #12661 (See Revision Note at part heading for Ed 512); ss by #13103, eff 10-5-20

Chapter Ed 600 Approval of Professional Preparation Programs

Part Ed 601 Definitions

N.H. Code Admin. R. Ann. Ed 601.01 Definitions A-F {#sec-ed-601.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 601.01}

(a) “Action plan” means a plan created by a professional educator preparation program (PEPP) during its term of approval outlining steps to address concerns that have arisen with regard to program approval standards.

(b) "Approved educator preparation program (AEPP)" means a PEPP approved by the state board under Ed 505.05. The term also includes “educator preparation provider (EPP).”

(c) “Appeal process” means the process an institution takes to appeal a non-approval designation on its accreditation status.

(d) “Assessment system” means the system used by an institution to assess and evaluate program(s) and candidates. The term includes the processes and instruments used by an institution’s PEPP to collect, synthesize, and evaluate data for the purpose of continuous improvement.

(e) “Baccalaureate program” means a program that leads to a bachelor’s degree.

(f) “Best practice” means an objective and measurable method or technique that has been generally accepted by the educational professional associations as superior to any alternatives because it produces results that are superior to those achieved by other means.

(g) “Candidate” means a student who is enrolled in a PEPP for the purpose of acquiring a New Hampshire educator licensure.

(h) “Candidate assessment” means the processes by which a PEPP monitors and evaluates the acquisition of knowledge, skills, and dispositions by each candidate as a candidate progresses through a PEPP.

(i) “Certification officer” means the individual or the designee, identified by the institution of higher education for the New Hampshire department of education, who verifies completion of PEPP(s) by licensure candidates.

(j) “Clinical experiences” means the ongoing opportunities that immerse candidates in the learning community enabling them to develop and demonstrate competence in the professional role for which they are preparing.

(k) “Clinical experience educator” means individuals from PEPPs and pre-k through 12 school-based licensed teachers, specialists, or administrators, who meet the requirements of Ed 604.03, including educators who assess, support, evaluate, and develop a candidate’s knowledge, skills, or professional disposition.

(l) “Clinical experience coordinator” means a faculty member or designee who is responsible for coordinating and managing a candidate’s clinical experience.

(m) “Clinical experience supervisor” means a person designated by the PEPP to supervise and evaluate a candidate during the culminating clinical experience.

(n) “Clinical practice” means student teaching, practicum, or internship opportunities that provide candidates with an intensive and extensive culminating set of responsibilities, assignments, tasks, activities, and assessments that demonstrate candidates’ progressive development of the professional knowledge, skills, and dispositions to be effective educators.

(o) “Commissioner” means the commissioner of the New Hampshire department of education.

(p) “Competency” means mastery of learning outcomes based on standards defined in Ed 505.02 and Ed 608 as appropriate.

(q) “Core competencies” means the competencies delineated in Ed 505.02.

(r) “Curriculum” means the structure and design of coursework and other learning experiences which a PEPP provides for each candidate to gain the knowledge and skills required by the applicable educator program standards.

(s) “Department” means the New Hampshire department of education (NHED).

(t) “Director” means the director of the division of educator support and higher education.

(u) “Dispositions” mean the personal qualities or characteristics that are possessed by an educator, including attitudes, interests, appreciations, values, commitments, professional ethics, and modes of adjustment which strongly influence the impact the educator will have on student learning, motivation, and development.

(v) “Division” means the division of program support, NHED.

(w) “Diversity” means ethnicity, race, socio-economic status, gender, exceptionalities, language, learning styles, religion, sexual-orientation, and geographical area.

(x) “Educator program standards” means the requirements of Ed 607 and Ed 608.

(y) “Evidence” means everything provided by an institution that is used to determine or demonstrate the truth of claims made about the institution’s program assessment system.

(z) “Facilitation” means the act of assisting or making easier the progress, improvement, and ownership of student learning in traditional and non-traditional environments.

(aa) “Focused review” means monitoring based on PEPP progress in implementing the action steps resulting from a program approval visit.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss by #8024, eff 7-1-04; ss by #8229, eff 12-17-04; ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 601.02 Definitions G-Z {#sec-ed-601.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 601.02}

(a) “Good standing” means that all of an institution’s PEPPs have full approval from the state board.

(b) “Interim review” means a review that takes place during the term of a PEPP’s approval to address concerns that have arisen with regard to program approval standards.

(c) “Institution(s)” means a college, university, or other educational agency of higher education which is accredited by a regional or national agency recognized by the U.S. Department of Education, the council for higher education accreditation, or both. The term includes “institution of higher education (IHE).”

(d) “Institutional coordinator” means the person designated by an institution responsible for ensuring that there are structures, processes, and procedures in place to provide oversight and coordination of all PEPP(s) at the institution.

(e) “Licensure” means the official permission granted by the state board pursuant to RSA 21-N:9, II(s) that an individual meets the qualifications for their applicable license type and is approved to practice in area(s) in which they are licensed.

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

(g) “Memorandum of understanding (MOU)” means a written agreement between the IHE and NHED that provides guidance for all participants in the program approval process.

(h) “National accreditation” means approval from a U.S. Department of Education accepted national accrediting agency for educator preparation programs.

(i) “New Hampshire council for teacher education (NHCTE)” means the advisory body established in RSA 190:1.

(j) “Pedagogical” means relating to the art of facilitating learning.

(k) “Post-baccalaureate program" means a program that can be a licensure-only pathway or lead to a graduate degree but requires a candidate to already possess a bachelor’s degree upon entry into the program.

(l) “Principal administrator” means the chief administrative officer of an institution.

(m) “Program administrator” means the person(s) at an institution responsible for administration of the PEPP(s) undergoing review.

(n) “Program approval coordinator” means the person at an institution who is responsible for preparing for a program approval review and the main contact person for the department during the PEPP approval process.

(o) “Progress report” means a narrative describing action steps taken and planned toward meeting unmet standards as identified during the program review.

(p) “Professional educator preparation program (PEPP)” means a program approved by the state board under Ed 600 that is offered at an institution in New Hampshire for the purpose of preparing teachers, instructional specialists, educational specialists, and administrators for licensure by the state of New Hampshire through the AEPP process.

(q) “Professional community” means those who participate and collaborate in the preparation of PEPP candidates, including but not limited to PEPP faculty, content area faculty, pre-k through high school personnel, and professional organizations involved in developing a program assessment system.

(r) “Reactor” means a member of the NHCTE who analyzes and provides clarifying questions on the final review team report for recommendations under Ed 602.04(b) and gives their feedback.

(s) “Resources” means the assets provided by an institution to continuously support all aspects of a PEPP.

(t) “Review” means the process that occurs in cooperation with a PEPP for the purpose of making a recommendation on program approval with regard to program approval and reaccreditation from a regional accrediting agency, a national accrediting agency, or both.

(u) “Review team” means a team of selected educators that examines the self-study, site review report, and other approval and review documents related to an EPP’s approval request.

(v) “Review visit” means an on-site visit, an electronic review, or a hybrid version of the 2 options in which reviewers conduct their summative review of a PEPP’s report and evidence.

(w) “Reviewer” means qualified volunteers who examine program standards and specialized educator licensure areas against the standards of educator preparation administrative rules and provide feedback to the NHCTE and department.

(x) “Self-assessment report” means a description of the processes conducted continuously by an institution which serves as an analysis of the progress of a program toward meeting the state standards for a PEPP.

(y) “Specialist area” means the area in which licensure is granted to a person who has successfully completed an Ed 608 licensure program in a PEPP in accordance with the requirements in Ed 600. This term also includes “administrator area.”

(z) “State board” means the state board of education created by RSA 21-N:10.

(aa) “Substantive change” means any alteration of a currently approved PEPP that changes, modifies, or expands the IHE’s or PEPP’s scope as outlined in Ed 602.16 and has the potential to impact candidates or licensure requirements from how the PEPP was previously reviewed and officially approved through the state board. Substantive changes only apply to existing programs.

(ab) “Teach-out plan” means a written document that describes the process for the equitable treatment of candidates when a PEPP ceases to operate a program before all candidates have completed their courses of study.

History

#13747, eff 9-16-23

Part Ed 602 Procedures for Approval

N.H. Code Admin. R. Ann. Ed 602.01 Scope of Approval Process {#sec-ed-602.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.01}

An institution shall request approval for PEPPs through which it prepares education candidates for licensure in New Hampshire under Ed 505.05, taking into consideration the recommendation, if any, from the NHCTE, to review and make approval recommendations to the state board for action.

History

#2055, eff 6-16-82; amd by #2189, eff 12-1-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90, EXPIRED 6-25-96
#6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.02 Evaluation Requirements {#sec-ed-602.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.02}

Each institution that offers one or more PEPPs shall have in place an assessment system and continuous improvement data cycle that evaluates the curriculum, clinical practice and partnerships, and resources for the institution’s PEPP that enable the oversight and coordination for the preparation of effective educators as described in Ed 607 and relevant sections of Ed 608.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.01); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.03 Demonstrated Competencies {#sec-ed-602.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.03}

To promote the learning of all NH students, each PEPP shall require every graduate of the PEPP to demonstrate evidence of the competencies in Ed 607 and relevant sections of Ed 608 at the level of a beginning educator within each endorsement area.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.02); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.04 Approval Requirement {#sec-ed-602.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.04}

(a) The NHCTE shall design a rigorous review process for consistency by each category and a training process to be administered prior to each PEPP review visit.

(b) There shall be 4 options of PEPP considered for approval:

(1) Option 1, review of a currently approved PEPP at an institution that is seeking an additional term of state board approval for the program;

(2) Option 2, review of a proposed new PEPP, not currently approved, that is to be offered at an institution that does not have any approved PEPPs;

(3) Option 3, review of a proposed additional PEPP, not currently approved, that is to be offered at an institution that currently has one or more other state board approved PEPP(s); and

(4) Option 4, review of an institution that has sought national accreditation for one or more of their PEPPs.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.03); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.05 Application Fees for Program Review {#sec-ed-602.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.05}

(a) The application fee as set forth in Table 602-1 below shall be submitted to the department along with the completed request for a review:

Table 602-1 Program Approval Fee Schedule

Type

Description

Fee Charged

Option 1

The review of an existing approved PEPP(s) at an institution with approved program(s)

$2,500 for unit review and $150 for each licensure area

Option 2

The review of a proposed new program(s) at an institution without any approved programs

$2,000 for proposed unit, and $500 for each licensure area

Option 3

The review of a proposed additional PEPP level at an institution with an approved PEPP(s)

$500 for each proposed PEPP

Option 4

Review of a PEPP that has achieved national accreditation

$50 for each PEPP

(b) The procedure to request a review shall be used when requesting approval under Options 1- Options 4 in Ed 602.06-Ed 602.09.

(1) Institution requesting review;

(2) Institutional program coordinator;

(3) Coordinator's title;

(4) Phone number and email address;

(5) Institution mailing address;

(6) Street address;

(7) City;

(8) State;

(9) Zip code;

(10) Type of review requested;

(11) Requested dates for the review;

(12) The program or programs for which approval is sought;

(13) Signature of applicant requesting on-site review;

(14) Title of applicant; and

(15) Date signed.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.04); ss by #10295, eff 3-22-13; ss by #13743, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 602.06 Option 1 {#sec-ed-602.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.06}

(a) Option 1 shall be the review of a currently approved PEPP at an institution that is seeking an additional term of state board approval for existing PEPP(s), which results in one of the following:

(1) Approval for up to and not to exceed 7 years;

(2) Conditional approval for up to and not to exceed 3 years with the following:

a. Submission to and approval by NHCTE of a progress report made on program approval standards not previously met; and

b. Review by the division director or designee focusing on progress made on program approval standards not previously met; or

(3) Non-approval.

(b) Timelines for the review process of a PEPP under option 1 shall be:

(1) No later than 18 months prior to expiration of the approval period of the PEPP, the department shall:

a. Notify the institutional coordinator and the principal administrator of the PEPP(s) that the program(s) are due for review;

b. Provide the institutional coordinator with the review date request outlined in Ed 602.05; and

c. Provide information regarding the required fee pursuant to Ed 602.05;

(2) At least 17 months prior to the date program approval expires and no later than 12 months prior to a review, the institutional coordinator shall provide the department with a completed review date request and the application fee pursuant to Ed 602.05;

(3) At least 15 months prior to the date program approval expires and no later than 12 months prior to a review, the department shall:

a. Schedule with the institutional coordinator and the principal administrator a pre-site visit; and

b. Provide the institutional coordinator with guidance for the development of a PEPP self-assessment report;

(4) At least 12 months prior to the date program approval expires, the NHCTE shall select one or 2 chairs determined by the size of the institution for the review team;

(5) Within 2 weeks upon selection by the NHCTE, the department shall notify the institutional coordinator and the principal administrator of the review dates and the name(s) and address(es) of the team chair(s);

(6) No later than 11 months prior to a review, the review team chair(s) shall meet with the institution to establish an MOU related to the elements, design, and access procedures of the PEPP’s assessment system;

(7) Prior to review team training, the department shall:

a. Identify individuals to serve on the review team; and

b. Notify the program approval coordinator for the applicant PEPP of the review team members within 2 weeks of such appointment. The institution shall have 2 weeks after receipt of this notification to concur or suggest an alternative review team member;

(8) At least 2 months prior to the visit, the department shall provide the team with training, guidance, and tools, including an electronic review team template, for reviewing and evaluating evidence;

(9) At least 2 months prior to the visit, the director or designee shall electronically provide the review team with the following:

a. Guidance for electronic access to the institution’s self-assessment report; and

b. Completed PEPP matrices; and

(10) At least 4 weeks prior to the visit, the review team chair(s) and the department shall establish with the institutional coordinator a review team schedule, including but not limited to:

a. Appointments with individuals or groups to be interviewed;

b. Work times for the team;

c. Specified time for team members to discuss issues and questions with the co-chairs;

d. Closing meeting time with the institution; and

e. Information on:

Lodging;
Parking;
Directions to the institution; and
Meals.

(1) A description of the ways in which the institution addresses the program review standards in Ed 603 through Ed 606 including, but not limited to:

a. A description of the process by which the institution gathers, evaluates, and uses data for quality candidate assessment and continuous program improvement; and

b. An explanation of the system through which each PEPP evaluates progress toward preparing quality candidates for professional practice based on the competencies in Ed 607 and Ed 608, and the review elements for each PEPP;

(2) A completed NHCTE-approved matrix for each PEPP for which the institution is seeking approval; and

(3) A copy of the previous PEPP reaccreditation final review team visit report and any additional progress reports submitted to the department that defined progress toward meeting unmet standards as well as steps the institution has taken to move toward implementation of the standards.

(d) The institution, through the program approval coordinator, may request that any proposed review team member, identified in (b)(7) above, not serve as a reviewer, on the basis of one or both of the following concerns:

(1) Conflict of interest, including but not limited to:

a. Affiliation as an employee, board member, former student, or graduate of the institution;

b. Having a close relative or partner affiliated with the IHE under review;

c. An affiliation with a related IHE consortium or professional organization; or

e. A former employee; or

(2) Capacity to complete the work, including but not limited to the ability to:

a. Participate in training sessions(s) and review evaluation activities;

b. Complete program review(s) in advance of deadlines assigned by the review team co-chair(s); or

c. Keep all review-related information confidential.

(e) The department shall review the request to determine whether the institution has demonstrated that the concerns listed in (1) or (2) above disqualify a review team member. The department shall be responsible for final decisions regarding the membership of the review team.

(f) In addition to any chair(s) selected by the NHCTE under (b)(4) above, a review team shall consist of the following specialist(s) with expertise in the area(s) to be reviewed:

(1) Faculty member(s) from an education department of another in- or out-of- state institution(s); and

(2) A licensed teacher, specialist, or administrator representing education at the pre-k through 12 levels.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.05); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.07 Option 2 {#sec-ed-602.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.07}

(a) Option 2 shall be the review of a proposed new PEPP, not currently approved, that is to be offered at an institution that does not have any approved PEPPs which results in one of the following:

(1) Approval for up to and not to exceed 3 years;

(2) Conditional approval for up to and not to exceed 3 years with the following conditions:

a. Submission to and approval by NHCTE of a progress report made on program approval standards not met; and

b. Review by the division director or designee focusing on progress made on program approval standards not met; or

(3) Non-approval.

(b) The process for program review under Option 2 shall be as follows:

(1) The institution shall submit information and application fee for a program review as outlined in Ed 602.05 to the department and the NHCTE;

(2) The PEPP shall develop and complete a self-assessment report, for which the department shall offer technical assistance and provide the institution coordinator with a copy of the relevant standards and guidance;

(3) The NHCTE shall select one chair for the review team and the department shall identify a qualified reviewer;

(4) The department shall notify the program approval coordinator for the applicant PEPP of the review team members within 2 weeks of such appointment, and the institution shall have 2 weeks after receipt of this notification to concur or suggest an alternative review team member;

(5) No later than 2 months after concurrence on the review team, the institution, the department, and the review chair(s) shall establish an MOU documenting the timeline and required elements of the review;

(6) When the institution notifies the department that all required materials are compiled and ready, the department shall provide the reviewer with training, guidance, and tools, including an electronic review team template, for reviewing and evaluating evidence;

(7) Based on the timeline established in the MOU, the program approval coordinator shall electronically provide the reviewer and chair with the following:

a. Guidance for electronic access to the institutional self-assessment report; and

b. Completed PEPP matrix; and

(8) Based on the timeline established in the MOU, the review team shall report to NHCTE with:

a. An initial recommendation; or

b. A request for a one-day on-site visit.

(1) A description of the ways in which the institution addresses the program review standards in Ed 603 through Ed 606 including, but not limited to:

a. A description of the process by which the institution will gather, evaluate, and use data for quality candidate assessment and continuous program improvement; and

b. An explanation of the system through which the proposed PEPP evaluates progress toward preparing quality candidates for professional practice based on the competencies in Ed 607, Ed 608, and the review elements for a PEPP; and

(2) A completed NHCTE-approved matrix for the proposed PEPP for which the institution is seeking approval.

(d) The institution, through the program approval coordinator, may request that any proposed review team member identified in (b)(3) and (b)(4) above not serve as a reviewer, on the basis of one or both of the following concerns:

(1) Conflict of interest, including but not limited to:

a. Affiliation as an employee, board member, former student, or graduate of the IHE;

b. Having a close relative or partner affiliated with the IHE under review;

c. An affiliation with a related IHE consortium or professional organization; or

e. A former employee of the IHE; or

(2) Capacity to complete the work, including but not limited to the ability to:

a. Participate in training sessions(s) and review evaluation activities;

b. Complete program review(s) in advance of deadlines assigned by the review team co-chair(s); or

c. Keep all review-related information confidential.

(f) NHCTE shall consider the recommendations under option 2 as follows:

(1) In the case of (b)(8)a. above:

a. Prior to the first available regularly scheduled NHCTE meeting, an NHCTE member who has been selected to serve as reactor shall become familiar with the PEPP description and closely analyze the final review team report; and

b. At least 2 weeks before the first available regularly scheduled NHCTE meeting, the department shall invite the review team chair, the program approval coordinator, and additional representatives designated by the applicant institution's principal administrator to attend the meeting; and

(2) In the case of (b)(8)b. above, a one-day visit shall be scheduled at the earliest convenience of the review team and the institution.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.06); amd by #8264, eff 1-22-05; ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.08 Option 3 {#sec-ed-602.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.08}

(a) Option 3 shall be the review of a proposed additional PEPP, not currently approved, that is to be offered at an institution that currently has one or more other state board approved PEPP(s), which results in one of the following:

(1) Approval for up to and not to exceed 3 years;

(2) Conditional approval for up to and not to exceed 3 years with the following conditions:

a. Submission to and approval by NHCTE of a progress report made on program approval standards not previously met; and

b. Review by the division director or designee focusing on progress made on program approval standards not previously met; or

(3) Non-approval.

(b) Timelines and the review process of a proposed PEPP under option 3 shall be:

(1) The institution shall submit the information and application fee as outlined in Ed 602.05 for a program review to the department and the NHCTE;

(3) The NHCTE shall select from its members one chair for the review team, and the department shall identify a qualified reviewer;

(4) The department shall notify the program approval coordinator of the applicant PEPP of the members of the review team within 2 weeks of such appointment, and the institution shall have 2 weeks after receipt of this notification to concur or suggest an alternative review team member;

(7) Based on the timeline established in the MOU, the program approval coordinator shall provide the reviewer and chair with the following:

a. Guidance for electronic access to the institution’s self-assessment report; and

b. Completed PEPP matrix; and

(8) Based on the timeline established in the MOU, the review team shall report to NHCTE with:

a. An initial recommendation; or

b. A request for a one-day on-site visit.

(1) A description of the ways in which the institution addresses the program review standards Ed 603-Ed 606, including but not limited to:

a. A description of the process through which the institution will gather, evaluate, and use data for quality candidate assessment and continuous program improvement; and

b. An explanation of the system through which the proposed PEPP shall evaluate progress toward preparing quality candidates for professional practice based on the competencies in Ed 607, Ed 608, and review the elements for a PEPP;

(2) A completed NHCTE approved matrix for the proposed PEPP for which the institution is seeking approval; and

(3) Copies of previous PEPP review reports, any additional progress reports, or other historical supporting reports and state board decisions relating to any current or previously existing PEPPs at the IHE; and

(4) Any other documents requested by the department related to the proposed additional PEPP.

(1) Conflict of interest, including but not limited to:

a. Affiliation as an employee, board member, former student, or graduate of the IHE;

b. Having a close relative or partner affiliated with the IHE under review;

c. An affiliation with a related IHE consortium or professional organization; or

e. A former employee of the IHE; or

(2) Capacity to complete the work, including but not limited to the ability to:

a. Participate in training sessions(s) and review evaluation activities;

b. Complete program review(s) in advance of deadlines assigned by the review team co-chair(s); or

c. Keep all review-related information confidential.

(f) NHCTE shall consider the recommendations under option 3 as follows:

(1) In the case of (b)(8)a. above:

a. Prior to the first available scheduled NHCTE meeting, 2 NHCTE members who have been selected to serve as reactors shall become familiar with the PEPP description and closely review the final review team report; and

b. Within 2 weeks before the first available scheduled NHCTE meeting, the department shall invite the review team, the program approval coordinator, and additional representatives designated by the applicant institution's principal administrator to attend the meeting; and

(2) In the case of (b)(8)b. above, a one-day visit shall be scheduled at the earliest convenience of the review team and the institution.

(g) Institutions shall be in good standing with the state board in order to submit any applications for review under option 3.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.07); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.09 Option 4 {#sec-ed-602.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.09}

(a) Option 4 shall be the review of institutions that have received national accreditation for individual PEPPs which results in approval, not to exceed the national accreditation expiration date by more than 3 months.

(b) The timelines for the review process of PEPP(s) under option 4 shall be:

(1) No later than 18 months prior to expiration of the national accreditation of the PEPP(s), the department shall:

a. Notify the institutional coordinator and the principal administrator of the PEPP(s) that the program(s) are due for re-approval; and

b. Provide the institutional coordinator with information regarding the required fee pursuant to Ed 602.05; and

(2) At least 17 months prior to the date PEPP approval expires and no later than 12 months prior to a review, the institutional coordinator shall provide the department with the information and application fee as outlined in Ed 602.05 for program review through national program accreditation.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.08); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.10 Review Report and Approval Recommendations {#sec-ed-602.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.10}

(a) The review process team members’ draft reports and approval recommendations under options 1-3 shall include the following:

(1) A review of the PEPP’s assessment system and evidence that demonstrates how their candidates meet the requirements of Ed 607.03, Ed 607.04, and Ed 608;

(2) Consultation with review team chair(s) if the evidence provided is not conclusive or is open to interpretations; and

(3) A completed reviewer worksheet and a draft report submitted to the team chair(s), which includes:

a. A summary of findings, and review of the PEPP’s:

Candidate assessment system;
Program assessment system;
Clinical partnerships and practice; and
How specific licensure rules are being met; and

b. A recommendation regarding the approval category for each PEPP the team member is responsible for reviewing, which shall be one of the following:

Approval for up to but not to exceed 7 years for option 1;
Approval for up to but not to exceed 3 years for options 2 or 3;
Conditional approval for up to and not to exceed 3 years; or
Non-approval.

(b) The review team chair(s) shall review the institution self-assessment report, reviewer individual program reports, and reviewer worksheets to write a comprehensive review report that:

(1) Assesses the processes that are used to monitor the extent to which the assessment systems demonstrate compliance with Ed 607.02 and Ed 608.01; and

(2) Identifies any patterns, trends, strengths, or deficiencies in the items listed in (3)a. above which suggest a need for program improvement in relevant sections of Ed 603-Ed 607.

(c) Only evidence submitted by the PEPP during the review period or visit shall be considered by the review team during the approval process.

(d) Each review chair and team member shall submit to the department a complete approval recommendation summary for each PEPP reviewed.

(e) The draft comprehensive review report shall be prepared, reviewed, and revised as follows:

(1) Within 3 weeks following the review, the chair(s) of the review team and the department shall review, compile, and edit team member summaries, and the chair shall either:

a. Indicate concurrence with the observations and recommendations; or

b. Suggest modifications in writing;

(2) Within 5 weeks following the review, the department shall send a draft comprehensive review report to the institution for an assessment on accuracy of content;

(3) The institution shall return the draft comprehensive review report to the chair(s) within 2 weeks of receipt; and

(4) Within 2 weeks after the institution has reviewed the report, the chair(s) and the department shall review the institution’s assessment on accuracy of content, then complete the comprehensive review report for submission to the NHCTE.

(f) NHCTE shall consider the final comprehensive review report and approval recommendations as follows:

(1) Once the NHCTE completes the review, the final comprehensive review report with team recommendations shall be considered at the first available scheduled NHCTE meeting;

(2) The process for consideration of the report shall be as follows:

a. Prior to the first available scheduled NHCTE meeting, 2 NHCTE members who have been selected to serve as reactors shall become familiar with the PEPP description and review the final comprehensive review report; and

b. Within 2 weeks before the first available scheduled NHCTE meeting, the department shall invite the following to attend the meeting:

The review team chair(s);
The program approval coordinator; and
Additional representatives designated by the applicant institution's principal administrator;

(3) At the NHCTE meeting, the following steps shall be followed:

a. Review team chair(s) shall compile and summarize the final comprehensive review report, including approval recommendation(s) for each PEPP reviewed and the rationale for approval recommendation(s);

b. Following the review team chairs’ presentation, only the reactors shall give their feedback and ask questions of the institutional representatives and team chairs; and

c. After the question-and-answer session described in b. above, any member of the NHCTE may ask questions;

(4) Following the question-and-answer session described in (3) above, the NHCTE shall vote on its recommendation(s) regarding program approval to the state board;

(5) The department shall share with the institution the next steps in the process; and

(6) The department shall submit the NHCTE’s recommendations to the state board. The NHCTE may accept the comprehensive review report or propose approval recommendations different from those made by the review team. Such recommendations shall be accompanied by a written explanation submitted to the state board.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.09); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.11 Department Responsibility {#sec-ed-602.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.11}

If the NHCTE is unable to perform the functions described in Ed 602.10, the commissioner or designee shall:

(a) Establish the review dates;

(b) Appoint 2 chairs of the review team;

(d) Provide technical assistance to the PEPP regarding the review process;

(e) Coordinate review logistics;

(f) Coordinate the review;

(g) Complete the comprehensive review report;

(h) Perform all functions relating to the review; and

(i) Make a recommendation to the state board regarding approval.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.10); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.12 Time and Expiration Date Extension Request {#sec-ed-602.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.12}

(a) At least 6 weeks prior to the visit, the director or designee shall determine whether the institution has provided sufficient evidence for the review to proceed as scheduled as follows:

(1) If yes, the process will continue; or

(2) If no, the institution shall request an approval expiration date extension.

(b) If the institution fails to request an extension prior to expiration of approval, the institution’s PEPP(s) whose approval has expired shall become unapproved.

(c) If an institution anticipates that it will need an extension of time to prepare for an anticipated review date for a program eligible for review, the institutional coordinator may request an extension in accordance with (d) or (f) below.

(d) If the NHCTE has agreed to conduct the review of a PEPP, a request for an extension shall be received at least 2 weeks before a regularly scheduled meeting of the NHCTE and at least 3 weeks before a regularly scheduled state board meeting and anticipated review date.

(e) The NHCTE and director or designee shall collaborate in complying with the following procedures:

(1) The department shall provide a copy of the request to the NHCTE, at least one week prior to its regularly scheduled meeting;

(2) At the meeting, any member of the NHCTE may ask representatives of the department or institution clarifying questions;

(3) Following the question-and-answer session described in (2) above, the NHCTE shall vote on its recommendation regarding the extension; and

(4) The department shall submit the NHCTE’s recommendation to the state board.

(f) If the NHCTE has not scheduled the review of a PEPP, a request for an extension shall comply with the following procedures:

(1) The request for extension shall be received at least one week prior to the next regularly scheduled state board meeting and at least one week prior to the scheduled review date; and

(2) The department shall make a recommendation to the state board at the state board meeting regarding the request for extension.

(g) The state board shall consider the request for extension and shall grant the request if the state board determines that, without the extension, a review team visit would be premature because one or more of the following conditions exist:

(1) Significant changes in the oversight and coordination of PEPP(s) at the institution or in personnel involved in the PEPP(s) including, but not limited to, cuts in personnel or the existence of vacant positions;

(2) Financial conditions at the institution to prepare for the review team visit;

(3) State or federal requirements imposed on the institution during the PEPP’s approval period that have resulted in the institution’s inability to prepare on time for the review team visit; or

(4) An unexpected and unpreventable situation that has resulted in an inability to prepare on time for the review team visit.

(h) The department shall communicate all state board extension request decisions in writing to the principal administrator, the institutional coordinator, and the program approval coordinator.

(i) If the recommendation by the division director to the state board is substantively different from the recommendation by the NHCTE regarding a request for extension, the department shall notify, in writing, the NHCTE and the institution.

(j) When the state board approves an extension, the state board shall set a new expiration date for the program approval. The program approval shall not expire before the date of the state board meeting when the state board takes action on the final review team report.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.11); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.13 Interim Review of Approved Programs {#sec-ed-602.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.13}

(a) All approved programs shall retain their approval status until expiration of the approval, except when there is a concern about its continued compliance with the program standards as outlined in Ed 603 - Ed 608.

(b) In cases where the department determines that there is concern about compliance, the department shall advise the NHCTE that an action plan or interim review is needed.

(1) Full approval continued through the remainder of the approval term;

(2) Conditional approval for up to but not to exceed 3 years; or

(3) Non-approval.

History

#13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.14 Progress Reports {#sec-ed-602.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.14}

(a) Each PEPP that receives conditional approval shall develop a progress report. The NHCTE shall specify, in the approval motion, specific contents and timelines for the progress report, and the report shall be submitted to the department within 6 months of a state board approval.

(b) The department shall provide guidance and a template for completing a progress report which contains at least the following:

(1) Concerns mentioned in the conditional approval motion;

(2) Subsequent actions to address these concerns; and

(3) Updated and completed matrix for cited PEPP(s).

(c) Upon submission of the progress report to the NHCTE, the review team chair from the most recent review shall be contacted to review the progress report.

(d) The department shall designate a substitute reviewer if the:

(1) Review team chair raises the issue of unfairness; or

(2) Original reviewer is unable or unwilling to respond to the progress report.

(e) At the first available scheduled NHCTE meeting, both the progress report and the team member’s subsequent review shall be considered.

(f) The NHCTE shall then vote to:

(1) Accept the progress report but continue the conditional approval with specific concerns that will be addressed in a future progress report as recommended in team members’ review of the initial progress report; or

(2) Accept the progress report and recommend, through the department to the state board, a motion for full approval

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.12); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23 (formerly Ed 602.13)

N.H. Code Admin. R. Ann. Ed 602.15 Annual Reports {#sec-ed-602.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.15}

An approved PEPP, during each year of its term of approval, shall submit to the department and NHCTE an annual report, containing the following information:

(a) Candidate data, including:

(1) Number of candidates admitted by PEPP;

(2) Number and list of candidates enrolled by academic year; and

(3) Number and list of program completers by academic year;

(b) Program data, including:

(1) Total enrollment of PEPP candidates; and

(2) Pass rate by assessment;

(1) Initial licensure;

(2) Additional endorsements added;

(3) The following levels:

a. Undergraduate;

b. Graduate; and

c. Licensure only;

(d) Programs with zero completers, including:

(1) Reason for zero completers;

(2) Plan(s) for increasing enrollment and number of program completers; and

(3) Evidence and brief explanation of actions taken to address zero completion PEPPs;

(e) Goals and priorities, including:

(1) Prior year goals;

(2) Progress on prior year goals;

(3) Current goals; and

(4) Any anticipated changes for the upcoming academic year, including but not limited to additional PEPPs, elimination of PEPPs, or mergers; and

(f) Update on review findings, including:

(1) Evidence and explanation of how the PEPP is in compliance with any administrative rule change(s);

(2) Evidence and explanation of revisions and improvements made to programming as a result of candidate and program assessment; and

(3) Evidence and explanation regarding any unmet standards from conditional approval(s) and unmet standards from a recent program review.

History

13747, eff 9-16-23

N.H. Code Admin. R. Ann. Ed 602.16 Substantive Program Changes During the Approval Period {#sec-ed-602.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.16}

(a) Technical assistance in making a determination of substantive change shall be available to the institution through the department or the NHCTE.

(b) A PEPP shall report to the department and the NHCTE any substantive changes that have the potential to significantly affect the ability of the PEPP to ensure that candidates can successfully meet the licensure standards for which the PEPP is designed.

(c) An institution shall inform the department and NHCTE of substantive program changes during the term of approval in writing by submitting a substantive change request to the department using one or more of the following criteria:

(1) Changes in the published mission or objectives of the institution or PEPP;

(2) The addition, subtraction, or combining of courses or programs that represent a significant departure in terms of either content or delivery from those that were offered when the PEPP was most recently approved;

(3) A change from contracting with other providers for direct instructional services, including any teach-out agreements;

(4) A hold, discontinuation, or suspension of a PEPP;

(5) Institutional reorganization that effects PEPP oversight; or

(6) Elimination of a PEPP.

(d) If the department and NHCTE determine that the changes do not affect the terms or conditions of the original approval of the program, the PEPP shall retain approval through the existing expiration date.

(e) If the department and NHCTE determine that the changes affect the terms or conditions of the original approval of the program because the original approval is no longer applicable to the revised program, the department shall require the submission of a detailed report on how the changes impact candidate preparedness for professional practice, which shall result in one of the following:

(1) Retain approval through the existing expiration date; or

(2) Use the process for PEPP approval under Option 1, 2, or 3.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.13); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23) (formerly Ed 602.14)

N.H. Code Admin. R. Ann. Ed 602.17 Action by State Board; Appeal {#sec-ed-602.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.17}

(a) At least 2 weeks in advance of the state board meeting, the department shall send written notice of this meeting to:

(1) The program approval coordinator;

(2) Certification officer;

(3) Institution’s president;

(4) Institution’s vice president of academic affairs or designee; and

(5) The institution’s principal administrator or designee.

(b) The state board shall review the recommendations and the comprehensive review report and determine the official program approval status.

(c) The state board shall vote for approval in accordance with the categories and approval periods in Ed 602.06, Ed 602.07, Ed 602.08, and Ed 602.09 or for non-approval, and request for extension in Ed 602.12(f) as follows:

(1) Approval for up to and not to exceed 7 years which means that the PEPP meets and continues to meet all relevant requirements of Ed 600;

(2) Conditional approval for up to and not to exceed 3 years with the following:

a. Submission to and approval by NHCTE of a progress report made on program approval standards not previously met; and

b. Review by division director or designee focusing on progress made on program approval standards not previously met; or

(3) Non-approval which means the PEPP does not meet the relevant requirements of Ed 600.

(d) All interested parties shall be notified of the board's final decision in writing and provided with a copy of the decision by mail within 10 days after the date such decision is made, including:

(1) The principal administrator;

(2) Institution’s president;

(3) Institution’s vice president of academic affairs or designee;

(4) Certification officer; and

(5) The program approval coordinator.

(e) For all decisions of the state board, the following procedures shall apply:

(1) The state board shall provide the institution with a description of the procedures for a rehearing in accordance with Ed 213.02;

(2) All appeals of final action by the state board shall be taken in accordance with RSA 541; and

(3) An administrative decision of the board shall be considered final:

a. Thirty days after the decision, if there is no request for rehearing in accordance with Ed 213.02; or

b. At the conclusion of action required by Ed 213.02.

(f) Failure to comply with PEPP administrative rules and state laws shall be grounds for the state board to rescind its approval of the PEPPs and shall lead to:

(1) Conditional approval for one year; or

(2) Elimination of specific PEPP(s) with a teach-out plan.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.14); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23) (formerly Ed 602.15)

N.H. Code Admin. R. Ann. Ed 602.18 Maintaining Records {#sec-ed-602.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.18}

(a) The department shall keep on file for 10 years:

(1) A PEPP's self-assessment;

(2) The comprehensive review report;

(3) The review team report with recommendations of the NHCTE;

(4) Program improvement plans; and

(5) A record of the actions of the state board.

(b) A PEPP preparing educators shall keep records regarding candidates and program approval for 10 years.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.15); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23) (formerly Ed 602.16)

N.H. Code Admin. R. Ann. Ed 602.19 System of Notification {#sec-ed-602.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 602.19}

(a) The department shall implement an ongoing system of notification to each institution with at least one PEPP regarding changes in administrative rules related to program approval.

(b) Notification and implementation guidance shall be sent to both the institution’s designated contact person and the certification officer.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss and moved by #8194, eff 10-26-04 (formerly Ed 602.16); ss by #10295, eff 3-22-13; ss by #13747, eff 9-16-23) (formerly Ed 602.17)

Part Ed 603 Curriculum Standards for Professional Educator Preparation Programs at the Baccalaureate and Post-Baccalaureate Levels

N.H. Code Admin. R. Ann. Ed 603.01 Curriculum at the Post-Baccalaureate and Baccalaureate Levels {#sec-ed-603.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 603.01}

(a) The PEPP’s curriculum shall provide a variety of meaningful learning experiences to support a candidate’s development of the skills and competencies in the standards that apply to all licensure area(s) for which the PEPP is designed, including:

(1) The general education studies requirements of Ed 607.02;

(2) The professional education requirements of Ed 607.04;

(3) The area of concentration requirements of Ed 608.01; and

(4) The specific program preparation requirements of Ed 608.02 through Ed 608.04.

(b) The PEPP’s curriculum shall be aligned with the PEPP's mission, goals, objectives, and conceptual framework for professional educator preparation.

(c) The PEPP’s curriculum shall be research-based, developmentally sequenced, and designed to improve learning opportunities and achievement for pk-12 learners.

(d) A test shall not be used in place of curriculum.

(e) The PEPP shall use institutional data and input from the professional community during curriculum development.

History

(See Revision Note at part heading for Ed 603) #6048, eff 6-2-95; rsvd by #6366, eff 10-30-96
#10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 603.02 Candidate Advising. {#sec-ed-603.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 603.02}

(a) The program shall be designed to ensure that a PEPP assesses how candidates are advised and counseled throughout the program.

(b) The program shall include an advisory process that ensures each candidate:

(1) Understands the criteria for successfully meeting the requirements of the licensure program;

(2) Receives support in meeting the required criteria; and

(3) When necessary, is counseled out of educator preparation and advised into exploration of other career options and programs of study.

History

(See Revision Note at part heading for Ed 603) #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

Part Ed 604 Clinical Practice and Partnership Standards for Professional Educator Preparation Programs at the Baccalaureate and Post-Baccalaureate Levels

N.H. Code Admin. R. Ann. Ed 604.01 Clinical Practice {#sec-ed-604.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 604.01}

(a) The PEPP shall design a sequence of varied, early, and ongoing clinical experiences of sufficient depth, breadth, diversity, coherence, and duration that help candidates integrate the requirements of Ed 607 as well as the skills, knowledge, and dispositions related to their area of endorsement.

(b) The PEPP shall ensure that candidates, in their clinical practice, have sufficient opportunities to:

(1) Practice and assume the full range of teaching, specialist, or administrative area activities, roles, and responsibilities;

(2) Demonstrate the knowledge, skills, and dispositions of a beginning educator as described in Ed 607 and Ed 608; and

(3) Have an immersive, culminating experience in the licensure area(s) for which they are seeking, which includes:

a. Direct, authentic experiences in the learning community that provide opportunities to demonstrate competence in the professional role for which the candidate is preparing;

b. Allowing the candidate to practice and apply the knowledge, skills, and dispositions delineated within the educator preparation standards, including organized and sequenced engagement of candidates in a setting which provides opportunities to observe, practice and fully understand the knowledge, skills, and dispositions required;

c. Experiences are systematically designed and sequenced to increase the complexity and levels of engagement with which the candidates apply, reflect upon, and expand their knowledge and skills; and

d. A partnership among a PEPP candidate, the clinical supervisor and clinical educator, clinical partnerships, and faculty and staff of district schools which provides experience in the setting and role as a representation of the capstone of an educator preparation program where candidates have the opportunity to fully demonstrate a.-c. above.

(c) The PEPP shall collaborate with clinical practice sites to ensure shared responsibilities are understood, agreed upon, and fulfilled.

(d) The PEPP shall designate one or more persons to be responsible for coordinating and managing clinical practice, including the orientation and professional development of clinical educators as mentors following clearly articulated, written criteria for mentoring practices.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4487, eff 9-8-88; ss by #4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #6823, eff 9-1-98; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 604.02 Clinical Partnerships {#sec-ed-604.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 604.02}

(a) A PEPP shall develop clinical partnerships with pk-12 schools that are mutually beneficial and share responsibility for candidate development.

(b) A PEPP shall designate one or more persons to develop partnerships with school districts.

Ed. 604.03 Clinical Educators. Each PEPP shall have an explicit process and work collaboratively with each partner school to ensure that school-based clinical educators shall have the following:

(a) In the content, specialist, or administrator area in which the practitioner mentors the candidate:

(1) A license, as outlined in the relevant section of Ed 507; or

(2) A comparable license from a state other than NH, as determined by the bureau of credentialing;

(b) At least 3 years of experience in schools in the content, specialist, or administrator area in which the practitioner mentors the candidate;

(d) Current employment in the role in which the practitioner mentors the candidate.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23
#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #6823, eff 9-1-98; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 604.04 Clinical Supervision {#sec-ed-604.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 604.04}

(a) During appropriate clinical experiences with institutional personnel and clinical educators, a PEPP shall ensure the following for each candidate:

(1) Frequent supervision;

(2) Direct observation;

(3) Evaluation; and

(4) Ongoing support.

(b) The clinical supervisor, clinical educator, and candidate shall all understand the requirements in Ed 607 and Ed 608 and the supervisory criteria. Both clinical supervisors and clinical educators shall collaborate in the evaluation of candidates.

(c) The clinical supervisor shall document a demonstration of a candidate’s competency in the depth and range of knowledge, skills, and dispositions detailed in Ed 607 and Ed 608 for the endorsement area(s) for which the program is designed.

(d) Clinical supervisors are selected based on their ability to:

(1) Recognize effective learning facilitation;

(2) Help candidates integrate academic content and pedagogy;

(3) Mentor and support candidates, including appropriate feedback; and

(4) Evaluate a candidate’s performance as it relates to learning facilitation and student learning.

History

#10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 604.05 Criminal History Records Check Credential {#sec-ed-604.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 604.05}

(a) A PEPP candidate shall apply for a criminal history records check clearance credential as outlined in Ed 504.12. A criminal history records check clearance credential shall be required for any candidate who has been selected or admitted into a state board approved PEPP.

(b) PEPPs shall not place candidates in or allow candidates to commence any unsupervised clinical experience as described in Ed 604 without the candidate first obtaining a criminal history records check clearance credential.

(c) Failure by a candidate to obtain a state board-issued criminal history records check clearance credential due to a finding under Ed 512.01(a)(3) shall result in a denial of admission into the PEPP.

(d) A candidate may appeal a denial of a credential in accordance with Ed 512.01(b).

History

#13374, INTERIM, eff 4-26-22, EXPIRED: 10-23-22
#13562, eff 2-22-23; renumbered by #13744 (formerly Ed 604.09)

Part Ed 605 Resource Standards for Professional Educator Preparation Programs at the Baccaluareate and Post-Baccalaureate Levels

N.H. Code Admin. R. Ann. Ed 605.01 Resources at the Post-Baccalaureate and Baccalaureate Level. {#sec-ed-605.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 605.01}

An institution shall have a system in place for determining the resources necessary to satisfy the requirements enumerated in Ed 602 through Ed 608.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 605.02 Faculty and Staff Resources {#sec-ed-605.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 605.02}

An institution and PEPP that prepares educators shall provide or adjust for adequate personnel including administration, faculty, and staff, necessary to ensure:

(a) Recruitment of diverse faculty who possess academic credentials and have experiences appropriate for:

(1) Teaching pedagogical methods;

(2) Preparing educators; and

(3) Supervising candidates;

(b) Workload assignments are commensurate with faculty and staff job descriptions and are reasonable in order to fulfill the requirements of the PEPP;

(d) Appropriate support for employment; and

(e) Sufficient support to all faculty, staff, and clinical educators for professional development related to their roles in preparing and mentoring candidates, including the granting of promotional credit, tenure, or both for collaboration with pk-12 schools.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 605.03 Funding and Financial Accountability {#sec-ed-605.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 605.03}

For each PEPP, an institution shall have demonstrated financial responsibility to a regional or national accrediting agency.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 605.04 Facilities {#sec-ed-605.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 605.04}

An institution shall have a system in place to:

(a) Identify and provide for the facilities, technology, and curricular materials necessary to ensure that an individual who completes the PEPP can demonstrate the competencies in the licensure standards for the license(s) sought by the candidate;

(b) Ensure that all facilities, materials, and equipment of an institution that prepares educators shall conform to applicable state and federal health and safety regulations; and

(c) Ensure that the PEPP is following school district best practices regarding the technology, facilities, and curricular materials being used in the classroom, and making these resources available to all enrolled candidates.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23 (formerly Ed 605.03)

Part Ed 606 Assessment System Standards for Professional Educator Preparation Programs

N.H. Code Admin. R. Ann. Ed 606.01 Candidate Assessment System Standards {#sec-ed-606.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 606.01}

(a) A PEPP shall have a candidate assessment system necessary to ensure that an individual who completes the PEPP can demonstrate the competencies in the licensure standards for the license sought by the candidate.

(b) The PEPP’s candidate assessment system shall ensure that:

(1) Except as described in Ed 505.01(g), each candidate seeking an initial teacher or instructional specialist license shall pass a basic academic skills assessment, including, but not limited to, the praxis core academic skills for educators administered by Educational Testing Service (ETS) or comparable out-of-state test as determined by the bureau of credentialing;

(2) The program identifies key assessment points and defines levels of performance, indicating a candidate’s sufficient progress through the program towards demonstration of licensure standards outlined in Ed 607 and Ed 608; and

(3) Assessment of candidate performance consists of multiple measures with clearly articulated written performance criteria.

(b) In addition to the standards outlined in (a) above, post-baccalaureate PEPPs shall have a data collection system that includes:

(1) A determination of the extent to which each candidate can demonstrate licensure standards as outlined in Ed 607 and Ed 608; and

(2) A process to evaluate each candidate’s transcript and other evidence of degrees, including a bachelor’s degree.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 606.02 Program Assessment System. {#sec-ed-606.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 606.02}

A PEPP shall have a program assessment system that:

(a) Continuously and systematically gathers data to monitor and improve the:

(1) Curriculum;

(2) Clinical experience;

(3) Assessment of candidates; and

(4) Overall quality of programs;

(b) Demonstrates a process to make judgments based on the data collected;

(d) Includes data on program completers; and

(e) Includes information and data gathered for federal and state reporting requirements as well as reports required for regional and national accreditation.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

N.H. Code Admin. R. Ann. Ed 606.03 Verification of a Candidate’s Completion of a PEPP {#sec-ed-606.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 606.03}

(a) The system for verification by the certification officer or a designee of each candidate’s successful completion of a PEPP shall include a body of evidence that includes the successful:

(1) Demonstration on a nationally approved basic academic skills assessment of proficiency in reading, writing, and mathematical skills;

(2) Process in place to demonstrate each candidate has passed a criminal records check, based on statute;

(3) Completion of the appropriate degree required by the licensure standard(s);

(4) Documentation of each candidate’s acquisition of the knowledge, skills, and dispositions articulated in Ed 607 and Ed 608;

(5) Completion of a culminating clinical experience, involving both the clinical supervisor(s) and the clinical educator(s) in the evaluation of each candidate’s satisfactory demonstration of Ed 607.03 and Ed 607.04; and

(6) Completion of the appropriate degree required by the licensure standard(s).

(b) If a PEPP at the post-baccalaureate level accepts knowledge gained through life experiences to satisfy PEPP requirements, the PEPP shall have a system to ensure that:

(1) No more than 1/3 of the total studies and experiences required for the PEPP shall be satisfied by life experience;

(2) The candidate provides documentation for any knowledge gained through life experience which is used to satisfy PEPP requirements; and

(3) All documentation of life experience shall be:

a. Related to specific standards, as specified in Ed 608 and Ed 506-Ed 508; and

b. Based upon clearly articulated, written criteria.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #8194, eff 10-26-04; ss by #10295, eff 3-22-13; ss by #13744, eff 9-15-23

Part Ed 607 Institution of Higher Education (ihe) Responsibility

N.H. Code Admin. R. Ann. Ed 607.01 Institutional Accreditation and Degree Granting Requirement {#sec-ed-607.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 607.01}

(a) Each institution that prepares educators shall be in good standing with the U.S. Department of Education recognized regional or national accrediting agency.

(b) Each institution that offers degrees to a candidate enrolled in a PEPP shall be in good standing with the New Hampshire higher education commission.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8229, eff 12-17-04; ss by #10295, eff 3-22-13; ss by #13746, eff 9-16-23 (see Revision Note #2 at chapter heading for Ed 600)

N.H. Code Admin. R. Ann. Ed 607.02 General Education Content Requirements {#sec-ed-607.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 607.02}

(a) Each institution that provides a PEPP shall ensure that each candidate has completed a program of general studies as part of a bachelor’s degree.

(b) The general education program shall include the core competencies outlined in Ed 505.02.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6366, eff 10-30-96; ss by #7923, eff 7-24-03, EXPIRED: 7-24-11
#10046, eff 12-17-11; amd by #10295, eff 3-22-13, EXPIRED 12-17-19 in paras (a) and (b)(2)-(4); ss by #13746, eff 9-16-23 (formerly Ed 609.01) (see Revision Note #2 at chapter heading for Ed 600)

N.H. Code Admin. R. Ann. Ed 607.03 Code of Conduct Requirements {#sec-ed-607.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 607.03}

Each PEPP shall require each candidate of the program to demonstrate evidence of an understanding of ethical decision making as it relates to the code of conduct specified in Ed 510. The institution shall determine the method of assessment within their candidate assessment system.

History

(See Revision Note #1 at chapter heading heading for Ed 600) #6048, eff 6-2-95; ss by #6366, eff 10-30-96; ss by #7923, eff 7-24-03; rpld by #8024, eff 7-1-04
#12813, eff 6-15-19; ss by #13746, eff 9-16-23 (formerly Ed 610.01) (see Revision Note #2 at chapter heading for Ed 600)

N.H. Code Admin. R. Ann. Ed 607.04 Professional Education Requirements {#sec-ed-607.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 607.04}

To promote the learning of all students, each professional educator preparation program shall require each graduate of the program to demonstrate evidence of the competencies outlined in Ed 505.03 and Ed 505.04 as applicable.

History

#13636, eff 5-12-23

Part Ed 608 Standards Relating to Programs and Areas of Concentration

N.H. Code Admin. R. Ann. Ed 608.01 Area of Concentration {#sec-ed-608.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 608.01}

(a) As part of the assessment system requirements in Ed 606, each institution with one or more PEPPs shall have an ongoing system of assessment for each area of concentration that uses multiple assessments and data to inform the following:

(1) Construction of an organized study of content knowledge that is specifically designed to meet individual candidate needs;

(2) Advisory process of candidates in the selection of courses to align with a nationally approved content knowledge test;

(3) Development of content area competencies delineated in the relevant sections of Ed 505.03, Ed 505.04, and Ed 506-Ed 508; and

(4) Empowerment of candidates to engage students in a culture of learning.

(b) Each candidate enrolled in a PEPP at the baccalaureate level shall earn a degree from a regionally accredited institution as indicated in Ed 607.01.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84, EXPIRED 5-16-90
#4851, eff 6-25-90; ss by #6048, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
#8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05; ss by #8335, eff 4-23-05; ss by #10295, eff 3-22-13; ss by #13746, eff 9-16-23 (formerly Ed 611.01) (see Revision Note #2 at chapter heading for Ed 600)

N.H. Code Admin. R. Ann. Ed 608.02 Teachers. {#sec-ed-608.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 608.02}

Each teacher preparation program shall provide the following, through a combination of academic and supervised clinical experiences:

(a) The skills, competencies, and knowledge outlined in Ed 505.03; and

(b) The skills, competencies, and knowledge required for the individual’s endorsement as outlined in the relevant section within Ed 507.

History

#13746, eff 9-16-23 (see Revision Note #2 at chapter heading for Ed 600)

N.H. Code Admin. R. Ann. Ed 608.03 Educational Specialists and Instructional Specialists. {#sec-ed-608.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 608.03}

Each preparation program for educational specialists or instructional specialists shall provide the following, through a combination of academic and supervised practical experiences:

(a) The skills, competencies, and knowledge as outlined in Ed 505.03 and Ed 505.04, as applicable; and

(b) The skills, competencies, and knowledge required for the individual’s endorsement as outlined in the relevant section within Ed 508.

History

#13746, eff 9-16-23 (see Revision Note #2 at chapter heading for Ed 600)

N.H. Code Admin. R. Ann. Ed 608.04 Educational Leadership and Administration. {#sec-ed-608.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 608.04}

Each educational leadership and administration preparation program shall provide the following, through a combination of academic and supervised practical experiences:

(a) The skills, competencies, and knowledge as outlined in Ed 505.03 and Ed 505.04; and

(b) The skills, competencies, and knowledge required for the individual’s endorsement as outlined in the relevant section within Ed 506.

History

#13746, eff 9-16-23 (see Revision Note #2 at chapter heading for Ed 600)

Chapter Ed 700 Adult High School, Basic Education Program and High School Equivalency Program

Part Ed 701 Definitions

N.H. Code Admin. R. Ann. Ed 701.01 Definitions {#sec-ed-701.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 701.01}

RESERVED

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96

Part Ed 702 Adult High School Diploma Program

N.H. Code Admin. R. Ann. Ed 702.01 Establishment of an Adult High School Diploma Program {#sec-ed-702.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.01}

A secondary school educational program shall be offered in regular adult evening programs or adult high schools conducted under the auspices of a local school department and approved by the department leading to a high school diploma or an adult high school diploma.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.02 Certification of Teachers {#sec-ed-702.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.02}

(a) Except as provided in Ed 702.02(b), teachers shall be certified for the subjects they are teaching in accordance with Ed 500.

(b) The following individuals shall be qualified instructors for the subjects they are teaching in accordance with local school district policy when they do not meet the certification requirements of Ed 500:

(1) Teachers who are certified in special education;

(2) Teachers who have 5 or more years of experience in the private sector in areas including, but not limited to, computer technology, biology, journalism;

(3) Teachers who have 3 or more years of experience teaching in a subject area at a private high school;

(4) Teachers who are certified to teach K-8;

(5) Teachers who have previously taught in an adult high school program;

(6) Teachers who are certified in other states with which New Hampshire has reciprocal certification;

(7) Teachers who are certified, but teaching outside their area of certification; and

(8) Teachers who have prior teaching experience at the college or university level.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05, amd by #8449, eff 10-18-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.03 Transfer from Day to Evening Programs {#sec-ed-702.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.03}

(a) A student presently enrolled in a regular high school program may transfer to the adult high school program with written recommendation of the student’s principal, as well as written consent of the student’s parent or guardian if the student has not attained the age of majority.

(b) Not withstanding (a) above certain in-school youth may earn credits via the adult high school programs.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.04 Eligibility {#sec-ed-702.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.04}

The student shall be at least 16 years of age to enroll in an adult high school program.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.05 Credit Hours {#sec-ed-702.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.05}

(a) Each student shall successfully complete a minimum program of 20 units for graduation including 11 ½ units as outlined in Table 702-1:

Table 702-1

Subjects and Units of Credit for An Adult High School Diploma

Subject

Units of Credit

Social Science

Including

U.S. History 1 unit

Economics ½ unit

Civics ½ unit

3 units

English

4 units

Mathematics

2 units

Science

2 units

Computer Literacy

½ unit

(b) Except as provided in Ed 702.06 each one credit subject offered in this program shall meet for not less than 45 hours.

(c) Except as provided in Ed 702.06 each one half credit subject offered in this program shall meet for not less than 22½ hours.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.06 Sources of High School Credit {#sec-ed-702.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.06}

(a) Sources of high school credit shall include:

(1) Previous high school work completed for which credit was granted by an approved high school and/or accredited post-secondary institution;

(2) Course work successfully completed in the adult high school program; and

(3) Work experiences and non-high-school educational experience according to the following requirements:

a. Credits for apprenticeship programs that meet the requirements of local adult high schools shall be given upon review as to curriculum, time spent in class, scope and quality of instruction;

b. A maximum of 2 credits may be earned by observation/practicum experiences in business, industry and/or other institutions that meet the requirements of local adult high schools;

c. Successful completion of course competency requirements pursuant to Ed 306.27(d) as established by the local adult high school program;

d. One credit may be earned through work in the home of 2 years duration or more;

e. One credit in addition to the credit earned in Ed 702.06(a)(3)d. may be earned by a student who demonstrates sufficient competency in aspects of homemaking such as household budgeting, child care, or meal preparation by passing a test developed by the local adult high school program director for the purpose of earning the credit in this clause;

f. A maximum of 2 credits may be earned by students who successfully pass high school final examinations when the final examination is for a course that is an elective and not a required course;

g. Unlimited numbers of credits may be earned from accredited institutions, licensed trade schools, business schools, colleges, extension courses, distance learning, web-based courses, correspondence courses and extended learning opportunities (ELO) that meet the requirements of local adult high schools;

h. A maximum of 2 credits may be earned by a student’s supervised direct involvement in a voluntary community service activity that meets requirements established by the local adult high school program director;

i. One credit may be earned for work experience that meets requirements established by the local adult high school program director in one occupation or family of skills. A maximum of 2 work experience credits may be earned by a student with experience in more than one occupation or family of skills; and

j. One credit shall be granted for military service resulting in an honorable discharge.

(b) Procedures for documenting the awarding of credit in Ed 702.06(a)(3) shall be the responsibility of the local adult high school program director.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.07 Attendance {#sec-ed-702.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.07}

Policies. Local adult high school programs may establish attendance policies which set minimum standards for awarding course credit.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 702.08 Graduation Requirements {#sec-ed-702.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 702.08}

(a) A student shall successfully complete at least one adult high school class before the student is eligible to receive a high school diploma or an adult high school diploma.

(b) The adult high school graduate shall receive his or her high school diploma or adult high school diploma from the school system where the student completed the requirements for the diploma as specified in Ed 702.08(a).

History

#9638, eff 1-20-10 (from Ed 702.07)

Part Ed 703 Adult Basic Educucation Program

N.H. Code Admin. R. Ann. Ed 703.01 Adult Basic Education {#sec-ed-703.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 703.01}

“Adult basic education (A.B.E.)” means education for adults whose inability to speak, write or read the English language constitutes a substantial impairment of their ability to get or retain employment and prevents them from participating fully in family life or in their community.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10

N.H. Code Admin. R. Ann. Ed 703.02 Student Eligibility {#sec-ed-703.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 703.02}

(a) A student eligible for education assistance shall:

(1) Be at least 16 years of age;

(2) Have math or reading scores below an 8.9 grade level; and

(3) Be an individual who:

a. Lacks sufficient mastery of basic educational skills to enable the individual to function effectively in society;

b. Does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or

c. Is unable to speak, read, or write the English language.

(b) A student in adult basic education classes:

(1) Shall be eligible for services in accordance with RSA 189:1-a;

(2) Shall be provided instructional materials without cost; and

(3) Shall not be charged fees or tuition.

History

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96
#6366, eff 10-30-96; ss by #7780, eff 10-19-02; ss by #9638, eff 1-20-10

Part Ed 704 High School Equivalency Program

N.H. Code Admin. R. Ann. Ed 704.01 Minimum Test Scores for High School Equivalency Certificate {#sec-ed-704.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 704.01}

The state board shall establish the minimum passing test scores for any high school equivalency test.

History

#6366, eff 10-30-96; ss by #7780, eff 10-19-02; ss by #9638, eff 1-20-10; ss by #10361-B, eff 6-15-13

N.H. Code Admin. R. Ann. Ed 704.02 Admission to Testing {#sec-ed-704.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 704.02}

(a) The applicant for high school equivalency testing shall be 18 years old or qualify under (d) below.

(b) All applicants shall submit an application for high school equivalency testing to the testing center of the applicant’s choice.

(1) Be physically residing in New Hampshire; or

(2) Have a legal residence within the state.

(d) An applicant under 18 years of age wishing to take the high school equivalency test shall receive permission from the superintendent of schools of the school or designee of the school district in which he or she resides or qualify under (e) below.

(e) In order to receive permission to take the high school equivalency test an applicant under the age of 18 shall:

(1) Be at least 16 years of age;

(2) Demonstrate that he or she has passed the certified practice test with scores equal to or above the minimum required for passing the high school equivalency test; and

(3) Meets any additional qualifications for testing set by the test publisher.

(f) Home schooled students age 16 or 17 may register to take the high school equivalency test if a participating agent as defined in Ed 315.02 of the student’s home school program attests that the student has completed the home schooling program pursuant to RSA 193:1,I(f)(2), and that the student has passed the certified practice test and meets any additional qualifications for testing set by the test publisher.

History

#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10; ss by #10361-B, eff 6-15-13

N.H. Code Admin. R. Ann. Ed 704.03 Transcripts of the High School Equivalency Certificate {#sec-ed-704.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 704.03}

Transcripts of the high school equivalency test may be obtained from the bureau of adult education or the original testing center.

APPENDIX

RULE NUMBER

STATUTE IMPLEMENTED

Ed 702

RSA 186:61

Ed 702.02(b)

RSA 186:61, I

Ed 703.01

RSA 194:18-19, PL 105.220

Ed 703.02

RSA 194:18-19, PL 105.220

Ed 704

RSA 186:61

History

#6366, eff 10-30-96, EXPIRED: 10-30-96
#8265, eff 1-22-05; ss by #9638, eff 1-20-10; ss by #10361-B, eff 6-15-13

Chapter Ed 800 Education Freedom Accounts Program

Part Ed 801 Purpose and Scope

N.H. Code Admin. R. Ann. Ed 801.01 Purpose {#sec-ed-801.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 801.01}

The purpose of these rules is to ensure uniform application of RSA 194-F in the establishment and administration of the education freedom accounts (EFA) program.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

N.H. Code Admin. R. Ann. Ed 801.02 Scope {#sec-ed-801.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 801.02}

Ed 800 shall apply to the scholarship organization, education service providers, and eligible participating students and parents to allow the scholarship organization to provide the option for a parent or guardian to better meet the individual educational needs of his or her eligible student by establishing an EFA, for the funding of qualifying education expenses provided by education service providers.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

Part Ed 802 Definitions

N.H. Code Admin. R. Ann. Ed 802.01 Definitions {#sec-ed-802.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 802.01}

(a) “Adequate education” means “adequate education” as defined in RSA 194-F:1, I.

(b) “Board” means the New Hampshire state board of education.

(d) “Confidential student information” means educational records, student medical information, and student personally identifiable information.

(e) “Curriculum” means “curriculum” as defined in RSA 194-F:1, II.

(f) “Days” means calendar days.

(g) “Department” means “department” as defined in RSA 194-F:1, III.

(h) “Differentiated aid” means the aid categories enumerated in RSA 198:40-a, II (b) - (e).

(i) “Education freedom account (EFA)” means “education freedom account” as defined in RSA 194-F:1, IV.

(j) “Education service provider” means “education service provider” as defined in RSA 194-F:1, V.

(k) “Eligible student” means “eligible student” as defined in RSA 194-F:1, VI.

(l) “EFA student” means “EFA student” as defined in RSA 194-F:1, VII.

(m) “Full time” means “full time” as defined in RSA 194-F:1, VIII.

(n) “Intentional and substantial” means that:

(1) Intentional means knowingly and willfully; and

(2) Substantial means $250 or more.

(o) “Parent” means “parent” as defined in RSA 194-F:1, X.

(p) “Program” means “program” as defined in RSA 194-F:1, XI.

(q) “Pupil with a disabling condition” means a child having autism, deaf-blindness, deafness, developmental delay, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impaired, specific learning disability, speech-language impairment, traumatic brain injury, acquired brain injury, or visual impairment or blindness.

(r) “Remote or hybrid” means “remote or hybrid” as defined in RSA 194-F:1, IX.

(s) “Scholarship organization” means “scholarship organization” as defined in RSA 194-F:1, XII.

(t) “State fiscal year” means a one-year period from July 1 to June 30.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

Part Ed 803 Program Administration

N.H. Code Admin. R. Ann. Ed 803.01 Scholarship Organization {#sec-ed-803.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 803.01}

In addition to the requirements under RSA 194-F:4, the following shall apply to the authority and responsibilities of the scholarship organization under the program:

(a) The scholarship organization shall be approved pursuant to RSA 77-G:5, II(a) by the department of revenue administration as a scholarship organization;

(b) The scholarship organization shall provide access to all types of qualifying educational expenses enumerated in RSA 194-F:2, II(a-o);

(c) Failure by a scholarship organization to provide access to every qualifying expense described in RSA 194-F:2, II(a-o) shall disqualify a scholarship organization from participation in the program;

(d) The scholarship organization shall electronically file with the department completed student data at least 30 days prior to the funding date, as described in Table 804-1. Failure to meet the application deadline shall result in delayed or unavailable funding if such failure prevents the department from processing the payment;

(e) The scholarship organization shall verify, at a minimum, that completed applications meet the following:

(1) The eligible student meets all eligibility criteria as described in RSA 194-F:1, IV;

(2) The EFA application was verified complete only after signature by the parent or guardian, and the student, if the student is in a secondary education program; and

(3) The student, parent, guardian, or both have not been disqualified from participation in the program due to funds misuse or are otherwise not eligible pursuant to RSA 194-F:1, VI;

(f) The scholarship organization shall submit to the department a roster of approved EFA students including each student’s:

(1) Information on school of attendance, if applicable;

(2) Eligibility information;

(3) Qualifying differentiated aid eligibility;

(4) Status as a current or new participant in program;

(5) Amount of EFA funds received and amount of EFA funds remaining; and

(6) Total EFA funds requested;

(g) The scholarship organization shall have access to confidential student information under the following conditions:

(1) Confidential student information shall be maintained in a manner consistent with the procedures LEAs follow to manage confidential student information; and

(2) The scholarship organization shall verify a student SASID number for any student applying for an EFA prior to requesting a new SASID.

(h) The scholarship organization shall make EFA student account balances readily accessible, through a technology interface with real-time or near real time balance information, transaction history, including transaction date, amount deposited or withdrawn, and the name of the education service provider;

(i) The scholarship organization’s director shall appoint members to the parent and education service provider advisory commission pursuant to RSA 194-F:5 and which shall be responsible for appeals of education service provider denials and for appeals of denials of other educational expenses approved by the scholarship organization pursuant to RSA 194-F:2 (II)(o);

(j) The scholarship organization shall contract with an unaffiliated auditor to conduct a risk-based audit of EFA accounts on, at a minimum, an annual basis. The scholarship organization shall submit a copy of such plan and all associated audit reports to the department;

(k) The department shall receive copies of all subcontracts and assignment agreements, and the department shall not be bound by any provisions contained in a subcontract or an assignment agreement to which the department is not a party;

(l) The scholarship organization shall withhold from EFA deposits an amount to cover the cost of administering the EFA program, up to a maximum total of 10% of each deposit annually pursuant to RSA 194-F:4, V. All remaining funds shall be available to eligible students for allowable uses; and

(m) The scholarship organization shall develop and implement a records retention policy.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

N.H. Code Admin. R. Ann. Ed 803.02 Education Service Providers {#sec-ed-803.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 803.02}

In addition to the requirements under RSA 194-F:4 and RSA 194-F:6-7, the following shall apply to education service providers approved by the scholarship organization:

(a) The scholarship organization shall publish on its website a standard application form, and procedures for review and approval of education service providers including, but not limited to procedures, if any, used by education service providers to ensure background check of employees who have direct contact with students;

(b) Online and paper applications for education service providers shall be accepted by the scholarship organization for review on a rolling basis throughout the year;

(d) The scholarship organization shall determine whether the materials selected fall within the core knowledge domains described in RSA 194-F:3, III(d)(1);

(e) Education service providers shall not refund, rebate, or share EFA funds directly with parents or guardians. EFA funds shall only be returned to an eligible student’s EFA account;

(f) A list of all approved education service providers shall be posted on the scholarship organization’s websites, reported to the department, and made easily accessible to the public to include education service provider name, eligible services, fee amounts received for services, and number of EFA students served;

(g) A directory of all education service providers approved by the scholarship organization shall be available on the department’s website; and

(h) Approval by the scholarship organization of an education service provider shall serve as statewide approval of such provider for purposes of the program.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

N.H. Code Admin. R. Ann. Ed 803.03 Responsibilities of Public Schools and School Districts {#sec-ed-803.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 803.03}

(a) The public school or public school district in which an eligible student was most recently enrolled shall provide to the parent the child’s state assigned student identification (SASID) upon request as required under RSA 193-E:5.

(b) LEAs in districts where private elementary schools and secondary schools are also located shall ensure that children with disabilities, placed by their parents in private, non-profit schools participating in state-funded EFA programs, shall be included in the group of parentally-placed private school children with disabilities who are eligible for equitable services, including special education and related services from the LEA where private schools are located.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

Part Ed 804 Efa Funds and Disbursement

N.H. Code Admin. R. Ann. Ed 804.01 Funds; Generally {#sec-ed-804.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 804.01}

In addition to the requirements under RSA 194-F:2, I and RSA 194-F:4, VIII, the following shall apply to EFA funds:

(a) Pursuant to RSA 194-F:2, EFAs shall be equivalent to the per pupil adequate education grant amount under RSA 198:40-a, plus any differentiated aid that would have been provided to a public school for that eligible student;

(b) Fund transfers shall be made to the scholarship organization in accordance with the distribution of adequate education grants under RSA 198:42 and Ed 804.03; and

(c) A pupil shall be eligible for the differentiated aid amount set forth in RSA 198:40-a, II(d) for EFAs under RSA 194-F if there has been a determination of eligibility for special education by a qualified examiner for each assessment, as defined and enumerated in ED 1107.04 Table 1100.1, in accordance with 34 CFR 300.300-300.311.:

(d) Such determination of eligibility for special education in (c) above may be completed:

(1) At the expense of the parent or guardian, and such expense shall be a qualifying EFA expense; or

(2) At no expense to the parent or guardian by the student’s resident district, pursuant to ED 1105.02.

(e) The student’s resident distract shall notify the parent or guardian in writing of determinations made under (d)(2) above.

(f) A pupil with a disabling condition, as determined by a medical professional licensed in any state in the United States in accordance with Ed 804.01(c), shall not be considered a child with a disability, through an appropriate evaluation, in accordance with 34 CFR 300.304-300.311 and as such, does not qualify for the equitable services funds pursuant to 34 CFR 300.138.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

N.H. Code Admin. R. Ann. Ed 804.02 Qualifying EFA Expenses {#sec-ed-804.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 804.02}

The following shall apply to qualifying EFA expenses enumerated in RSA 194-F:2, II:

(a) Internet connectivity shall not include any additional cost for media streaming or cable media options that are not part of an online learning program or online instructional materials;

(b) Internet and technology purchased with EFA funds shall be primarily used, meaning 51% of the time or more, to help meet the EFA student’s education needs;

(c) Computer hardware shall be limited to a single computer device per student every 3 years, unless otherwise approved by the scholarship organization, in accordance with the scholarship organization’s approval process, as a necessary educational resource including assistive devices and accessible educational hardware and materials;

(d) An evaluation for determination of eligibility for differentiated aid under Ed 804.01(d)(1); and

(e) The scholarship organization shall publish on its website a policy for pre-approval of qualifying educational expenses consistent with RSA 194-F:2, II(o) and this section.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

N.H. Code Admin. R. Ann. Ed 804.03 EFA Disbursement {#sec-ed-804.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 804.03}

In addition to the requirements under RSA 194-F:4, VIII, the following shall apply to EFA disbursement:

(a) Beginning in state fiscal year 2023 and every year after, funding shall be disbursed 4-times per state fiscal year, in accordance with RSA 198:40-a and the EFA disbursement schedule in Table 804-2 below:

Table 804-1 EFA Disbursement Schedule

EFA Funds Available

Allocated funds to be disbursed per state fiscal year

Student Application Verified and Reported to the Department by:

September 1

20%

August 2

November 1

20%

October 2

January 1

30%

December 2

April 1

30%

March 2

(b) Applications in Ed 805.01 may be submitted to the scholarship organization throughout the year on a rolling basis, but shall be confirmed complete by the scholarship organization before a parent, guardian, or EFA student shall have access to EFA account funds.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

Part Ed 805 Application and Enrollment

N.H. Code Admin. R. Ann. Ed 805.01 Application Development, Agreement, and Notification Requirements {#sec-ed-805.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 805.01}

(a) The scholarship organization shall develop an application for potential participants in the program, which, at a minimum, satisfies the requirements enumerated in RSA 194-F:3.

(b) The scholarship organization shall develop an application which it shall provide for signature to the parent or guardian, and the student, if the student is in a secondary education program.

(1) An explanation of allowable uses of EFA funds, the responsibilities of parents or guardians, the duties of the scholarship organization, and the role of any financial management firms that the scholarship organization may contract with to administer any aspect of the EFA program;

(2) Notice as follows:

“Participation in the EFA program is a parental placement under 20 USC section 1412, Individuals with Disabilities Education Act (IDEA) if a child with a disability is enrolled in a non-public school. A child with a disability participating in an EFA program and enrolled in a public school under RSA 194-F:2, II(d) is not a parental placement under IDEA and shall be entitled to FAPE. Parentally-placed private school children with disabilities shall not be entitled to a FAPE in connection with their enrollment by their parents in a private school, in accordance with 34 C.F.R. 300.148(a) and pursuant to 34 C.F.R. 300.137(a), while participating in the state-funded EFA program. The school district in which the child with a disability participating in the EFA program enrolled in a public school under RSA 194-F:2,II(d) resides is responsible for the provision of FAPE.”

(d) A signed application as described in (b) above, shall constitute an agreement by the signatory as described in RSA 194-F:3, III.(d), RSA 194-F:3, IV, and RSA 194-F:4, II and III.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

N.H. Code Admin. R. Ann. Ed 805.02 Enrollment {#sec-ed-805.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 805.02}

(a) The scholarship organization shall approve applications, as described in Ed 805.01, in accordance with RSA 194-F:3, III.

(b) The scholarship organization shall accept rolling admissions into the program.

(c) Within 30 days of receipt of a completed student application, the scholarship organization shall confirm with the parent or guardian in writing that the application is complete in accordance with the approval criteria set forth in RSA 194-F:3.

(d) If the scholarship organization receives an incomplete application, the applicant shall be notified in writing by the scholarship organization within 15 days of receipt which shall include instructions for completing the application.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

Part Ed 806 Termination of Education Freedom Accounts

N.H. Code Admin. R. Ann. Ed 806.01 Termination of EFAs {#sec-ed-806.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 806.01}

In addition to the requirements under RSA 194-F:3, VI and RSA 194-F:4, IX through XIII, the following shall apply to the termination of EFAs:

(a) An EFA shall only be dissolved with written consent of the parent or guardian, unless an EFA student graduates high school or there is a determination by the scholarship organization that there is an intentional and substantial misuse of funds;

(b) Unless otherwise noticed in writing by the parent that roll-over EFA account funds are forfeited, written consent of dissolution shall document the parent’s understanding that the rolled-over EFA account funds may continue to be utilized pursuant to RSA 194-F:3, VI.(a), even if the student is attending a public school and no longer participating in the program, or until the former EFA student graduates high school;

(c) The scholarship organization shall develop and make publicly available on its website, the process for the determination of a parent, guardian, or EFA student’s intentional and substantial misuse of EFA funds;

(d) The department shall be notified within 5 days any time an EFA account is suspended, or if a student is otherwise deemed ineligible;

(e) Within 5 days, suspected cases of intentional and substantial misuse of EFA funds shall be reported by the scholarship organization to the department, the board, the attorney general, and, for cases exceeding the amount of a class B felony, the local or state law enforcement agency;

(f) A parent, guardian, or EFA student may appeal decisions by the scholarship organization pursuant to Ed 200 relative to:

(1) Application completeness and termination of participation; or

(2) Denial of services;

(g) The scholarship organization shall notify the department by August 1 of each calendar year of any existing EFA student that has not provided an annual record of educational attainment, pursuant to RSA 194-F:3, III(d)(3);

(h) The scholarship organization shall develop a process for the determination of disqualification of an education service provider;

(i) The process shall include, at a minimum, how the following are determined when deciding disqualification:

(1) Knowing and willful misrepresentation of information;

(2) Failure to refund any overpayments within 30 days or the failure to process a request for a refund; and

(3) Routine failure, meaning 3 or more times, to provide students with promised educational goods or services;

(j) A list of all disqualified education service providers shall be available on the scholarship organization’s websites or in paper format upon request;

(k) Within 5 days of disqualification, the scholarship organization shall notify parents, guardians, EFA students, and the department in writing or electronically of an education service provider disqualification;

(l) Education service providers disqualified by the scholarship organization shall be disqualified from participation in the EFA program and a list of disqualified providers shall be posted on the department’s website;

(m) An education service provider may appeal the scholarship organization’s decision to the department pursuant to Ed 200;

(n) When the scholarship organization does not meet the duties, obligations, and authorities in RSA 194-F:4, it shall no longer be eligible to participate in the EFA program, and the commissioner shall:

(1) Issue a written notice of ineligibility for participation in the EFA program that shall provide the scholarship organization with an opportunity to meet the requirements for eligibility as described in RSA 194-F:4; and

(2) If the scholarship organization fails to meet the requirements specified in a notice of ineligibility pursuant to (1) above, remove the scholarship organization from eligibility;

(o) When the scholarship organization is no longer approved under RSA 77:G, the commissioner shall notify the scholarship organization as described in (n)(1) and (2) above;

(p) The commissioner shall immediately suspend the scholarship organization’s eligibility where the health, safety, or welfare of students is at risk;

(q) The scholarship organization suspended or removed from the EFA program pursuant to (n)(2) above shall have 15 days from receipt of the notice of proposed action to file with the department’s governance unit a request for a proceeding pursuant to Ed 200. All resulting proceedings shall be conducted in accordance with Ed 200; and

(r) Within 10 days of suspension or removal of a scholarship organization pursuant to (n) above, the department shall commence an adjudicative proceeding in accordance with Ed 200.

History

(See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22

Chapter Ed 900 Dropout Prevention and Dropout Recovery Program

Part Ed 901 Purpose

N.H. Code Admin. R. Ann. Ed 901.01 Purpose {#sec-ed-901.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 901.01}

The purpose of Ed 900 is to implement the provisions of RSA 189:59-63 relative to the department’s responsibility for administering the dropout prevention and dropout recovery program in order to assist pupils in successfully completing high school.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 902 Definitions

N.H. Code Admin. R. Ann. Ed 902.01 Applicant {#sec-ed-902.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.01}

“Applicant” means a community-based organization, school district, or private organization that applies for funding under Ed 906 in order to provide the program services listed in Ed 903.02 as a program participant, or to receive those services.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 902.02 Department {#sec-ed-902.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.02}

“Department” means the New Hampshire department of education.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 902.03 Council {#sec-ed-902.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.03}

“Council” means dropout prevention and dropout recovery oversight council established in RSA 189:60.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 902.04 Graduation rate {#sec-ed-902.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.04}

“Graduation rate” means “graduation rate” as defined in RSA 189:59,I(k), namely, the number of seniors who receive a diploma from a high school divided by the number of students enrolled in this program at such high school.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 902.05 Program {#sec-ed-902.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.05}

“Program” means the dropout prevention and dropout recovery program in Ed 903 that is administered by the department.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 902.06 Program participant {#sec-ed-902.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.06}

“Program participant” means a program that is certified by the department under Ed 904.02 as being eligible to receive program funds.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 902.07 Return to school rate {#sec-ed-902.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 902.07}

“Return to school rate” means “return to school rate” as defined in RSA 189:59,I,(k), namely, the percentage of students in grades 9-11 enrolled in the program who return to the school for the next school year.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 903 Program Administration and Services

N.H. Code Admin. R. Ann. Ed 903.01 Program Administration {#sec-ed-903.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 903.01}

The department shall administer the dropout prevention and dropout recovery program. The program shall utilize program participants that are community-based organizations, school districts, and private organizations that can provide the program services listed in Ed 903.02.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 903.02 Program Services {#sec-ed-903.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 903.02}

Pursuant to RSA 189:59, I, program participants shall:

(a) Provide and coordinate services designed to assist pupils in the successful completion of high school;

(b) Encourage individual, corporate, and state support and involvement to promote employment opportunities for New Hampshire's students;

(d) Encourage students to pursue postsecondary education by assisting in securing appropriate part-time work to accompany that education;

(e) Encourage lifelong learning by introducing students to the importance of skills training and demonstrating how learning is relevant to skills necessary in the workplace;

(f) Provide tutoring, study skills training, and instruction leading to successful completion of secondary school, including dropout prevention strategies through a school-site mentor;

(g) Provide alterative secondary school services with high academic standards;

(h) Deliver pre-employment and work maturity skill training, paid and unpaid work, work-based learning experiences that teach all aspects of industry-specific and general workplace competencies, including internships, job shadowing, and school sponsored workplace mentoring;

(i) Provide opportunities which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during non-school hours, including linking youth and adult mentoring, as appropriate;

(j) Provide support services and transitional links that assist students in the elimination of barriers; and

(k) Establish an 85 percent graduation rate and a 90 percent return to school rate for pupils most likely to drop out as performance goals for program participants.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 904 Program Participants

N.H. Code Admin. R. Ann. Ed 904.01 Services {#sec-ed-904.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 904.01}

Program participants shall provide the services listed in Ed 903.02.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 904.02 Certifying Program Participants {#sec-ed-904.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 904.02}

(a) Program participants shall be eligible to receive funding under Ed 906 in order to provide services after they are certified by the department under Ed 904.02(b).

(b) To be certified by the department, program participants shall:

(1) Have programs that focus on youth development strategies including experience working with youth at risk, including but not limited to youth with disabilities, poverty, parenting, adjudicated and/or foster care;

(2) Have a minimum of 3 years and preferably l0 or more years at the state and national levels in providing dropout prevention and dropout recovery programming to at-risk youth;

(3) Have experience in program delivery in both rural and city high schools in New Hampshire;

(4) Be existing operations with a board of directors;

(5) Have accountability and performance measures with supporting data that can be documented;

(6) Have received state or national recognition for dropout prevention or dropout recovery;

(7) Have the ability to provide multiple sources of funds for the purposes of expansion and efficiency of service delivery;

(8) Opportunities for students to participate in a national career development association; and

(9) Provide nationally normed outcomes in the following areas:

a. Basic academic competencies;

b. Career development;

c. Job attainment;

d. Leadership and self development;

e. Personal skills; and

f. Job survival competencies; and

(10) Have a connection with an established tracking and reporting system.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 904.03 Reporting {#sec-ed-904.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 904.03}

(a) On or before September 15 of each year, each program participant that receives funding under Ed 906 shall provide a report to the department that tracks their compliance with program goals and that reports performance outcomes by explaining their success in providing the services listed in Ed 903.02 for the school year just completed.

(b) The department shall determine whether the program participant complied with program goals and successfully provided services, and shall report the results to the council no later than October 1 of each year.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 905 Dropout Prevention and Dropout Recovery Oversight Council

N.H. Code Admin. R. Ann. Ed 905.01 Membership. {#sec-ed-905.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 905.01}

The council established in RSA 189:60 shall consist of the following members:

(a) One member from the house of representatives, appointed by the speaker of the house;

(b) One member from the senate, appointed by the president of the senate;

(d) The commissioner of the community-technical college system, or designee; and

(e) Three members of the public, qualified by education or experience, in dropout prevention and dropout reduction, appointed by the governor and council.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 905.02 Term of Office and Compensation {#sec-ed-905.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 905.02}

(a) The term of office for council members listed in Ed 905.01(a)-(d) shall be coterminous with the term of office which qualifies that member to serve on the council. Two members of the public shall serve a 2-year term of office and the third public member shall serve a 3-year term of office. Members shall serve until a successor is appointed and confirmed. Vacancies shall be filled in the same manner as the original appointment and shall only be for the unexpired term.

(b) The council shall elect a member to serve as chairperson of the council. The chairperson shall serve a 2-year term.

(c) Members of the council shall serve without compensation, except that legislative members shall receive mileage at the legislative rate while attending to the duties of the council.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 905.03 Meetings {#sec-ed-905.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 905.03}

The council shall meet at least quarterly and may meet more frequently at the call of the chairperson.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 905.04 Responsibilities of the Council {#sec-ed-905.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 905.04}

(a) The council shall receive staff support from the department in order to carry out its responsibilities.

(b) The council shall:

(1) Maintain programmatic and fiscal oversight of the program requirements as set forth in

Ed 900;

(2) Develop and establish funding opportunities at the federal, state, and local levels for each program participant;

(3) Review each program participant’s performance outcomes and suggest strategies for improvement where appropriate;

(4) Apply for, receive, and expend any funds from federal, state, or non-state sources, including grants and matching funds which may be available;

(5) Accept private donations and gifts from any source; and

(6) Annually submit a report to the speaker of the house of representatives, the president of the senate, the commissioner of the department, the governor, and the state board of education on the status of the program including:

a. Details regarding an overall assessment of the effectiveness of the program;

b. The utilization of available funds in the program;

c. Dropout rates of participating high schools and other program participants;

d. Graduation rates of participating high schools;

e. The percent of participating students pursuing postsecondary education; and

f. The percent of participating students securing employment in the year following graduation.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 906 Funding for the Program and Application Process

N.H. Code Admin. R. Ann. Ed 906.01 Source of Funding {#sec-ed-906.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 906.01}

(a) The department shall fund applicants based on the school year calendar. The amount of funds available for each applicant shall be based upon the sum appropriated by the legislature for the program in each biennium.

(b) The council shall recommend which applicants shall be funded for each school year. The council shall send their recommendations for funding community-based organizations and private organizations to the governor and council for final approval of the contract.

(c) School districts that the council recommends for funding shall be funded through the department’s grant contract system and final approval shall not be required by the governor and council.

(d) The council shall recommend that successful applicants be granted no more than $350,000 for a school year. The department shall release funds to applicants’ requests for proposals that meet the requirements of Ed 906.04 and that are approved by the council in Ed 907.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 906.02 Eligibility for Funding {#sec-ed-906.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 906.02}

(a) All applicants shall be eligible to apply for funding as program participants, and to apply to receive services from a program participant.

(b) High schools with the highest dropout rates in the state shall have priority to receive services from a program participant.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 906.03 Matching Funds Required {#sec-ed-906.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 906.03}

(a) Each applicant that applies for funding shall contribute not less than l0 percent in matching funds for the estimated program services costs.

(b) A school district shall be eligible to receive services from a program participant by a favorable vote of its legislative body authorizing the expenditure of not less than 10 percent of estimated program costs for such school district as specified in RSA 189:61.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 906.04 Requests for Proposals {#sec-ed-906.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 906.04}

(a) The department shall develop a request for proposals (RFP) as specified in Ed 906.05, on a biennial basis. The RFP shall be used to fund applicants to provide and receive the services listed in Ed 903.02.

(b) The department shall release the RFP no later than 60 days after the program receives legislative funding. The council shall approve the RFP before it is released. Notice of the RFP shall be published in a statewide newspaper of general circulation in the legal notices section for 3 days.

(c) Proposals by applicants in response to the RFP shall be received by the department no later than 60 days after the notice is published. The department shall forward all proposals it receives by the deadline to the council.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 906.05 Proposal Requirements {#sec-ed-906.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 906.05}

The RFP proposal shall contain:

(a) An executive summary;

(b) A needs section, if applicable, that details the applicant’s dropout rate in cumulative numbers and percentages for the past 3 years;

(c) A dropout prevention and dropout recovery design section in which the applicant describes how their proposed program meets and will deliver or meets or delivers the program services listed in Ed 903.02;

(d) An operational capacity section in which the applicant describes:

(1) The applicant’s organizational experience delivering the program services listed in Ed 903.02;

(2) Staff job descriptions and resumes of proposed members;

(3) Facilities; and

(4) Operational details on the number of hours of operation and the days of services;

(e) An outcomes section in which the applicant describes prior performance outcomes for their program, and how they will use their funding from the RFP to achieve performance goals of an 85 percent graduation rate and a 90 percent return to school rate, as provided in Ed 903.02(k); and

(f) A budget section in which the applicant provides:

(1) A narrative description of line item expenditures; and

(2) The source of not less than 10 percent of estimated program services costs in matching funds and a narrative description of the related line items.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Part Ed 907 Review Process for Proposals

N.H. Code Admin. R. Ann. Ed 907.01 Council Review of Proposals {#sec-ed-907.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 907.01}

(a) Council members or their designees shall review each applicant’s proposal to receive funding as a program participant, or to receive services from a program participant. The council shall recommend funding a proposal as a contract with the department. Contracts shall require approval by the governor and council, except as provided in Ed 906.01(c).

(b) The council shall decide whether to recommend funding a proposal as a contract no later than 30 days after the date on which the department must receive proposals in response to the RFP under Ed 906.04(c).

(c) For community-based organizations and for private organizations, the duration of a contract shall be from the date of governor and council approval through the last calendar day of the school year.

(d) For school districts, the duration of a contract shall be from the date the council recommends funding the proposal through the last calendar day of the school year.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 907.02 Criteria for Reviewing Proposals {#sec-ed-907.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 907.02}

(a) The council shall review all written proposals that are received by the deadline in Ed 906.04.

(b) The council shall contact an applicant for further information or clarification, or both if necessary.

(c) The council shall review proposals to determine the extent to which they provide the information required in Ed 906.05 that demonstrates the following:

(1) Need based on dropout rates;

(2) A design for dropout prevention and dropout recovery;

(3) Operational capacity to deliver program services;

(4) Prior performance outcomes and plans for achieving performance goals; and

(5) A budget section with a narrative description of line item expenditures and the source of matching funds.

(d) Each of the elements in Ed 907.02(c) shall be worth a maximum of 20 points.

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

N.H. Code Admin. R. Ann. Ed 907.03 Method of Award {#sec-ed-907.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 907.03}

The council shall decide whether to recommend funding a proposal as a contract by calculating the aggregate score of all the criteria listed in Ed 907.02(c) for each proposal received with funding for the highest scores.

APPENDIX

RULE NUMBER

STATUTE IMPLEMENTED

Ed 901

RSA 189:59

Ed 902.01 - 902.03

RSA 189:59

Ed 902.04 - 902.07

RSA 189:62 and RSA 189:63

Ed 903

RSA 189:59

Ed 904

RSA 189:59

Ed 905

RSA 189:60

Ed 906

RSA 189:59

Ed 907

RSA 189:60

History

#8582, eff 3-15-06; ss by #10649, eff 7-26-14

Chapter Ed 1000 Vocational Rehabilitation Programs

Part Ed 1001 Purpose and Scope

N.H. Code Admin. R. Ann. Ed 1001.01 Purpose {#sec-ed-1001.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1001.01}

Chapter Ed 1000 for the New Hampshire vocational rehabilitation services program provides the rules for uniform application of the State Vocational Rehabilitation Services Program authorized by Title I of the Rehabilitation Act of 1973 (the Act), as amended, 29 U.S.C. 701 et seq and regulated by 34 CFR Parts 361, 363, and 397.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1001.02 Scope {#sec-ed-1001.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1001.02}

(a) The New Hampshire vocational rehabilitation services (NHVR) program shall be responsible for assessing, planning, developing, and providing vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that they can prepare for and engage in gainful employment. The rules for the NHVR services program implement the Act.

(b) NHVR shall work with individuals with disabilities to obtain an employment outcome in the most competitive and integrated employment settings consistent with the individual’s unique employment factors, as described in Ed 1006.02. In addition, NHVR provides training and services to employers. Services include training and technical assistance on disability awareness issues, providing guidance on developing work-based learning experiences, providing pre-employment transition services for students with disabilities, providing recruitment training, as well as training techniques to assist in successful employment outcomes.

(c) NHVR shall comply with the provisions of this chapter, 34 CFR 361, and 34 CFR 363 when determining the eligibility and scope of vocational rehabilitation services for individuals with disabilities.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1002 Definitions

N.H. Code Admin. R. Ann. Ed 1002.01 Definitions {#sec-ed-1002.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1002.01}

In addition to the definitions in 34 CFR 361.5, the following definitions shall apply to Ed 1000, unless context makes another meaning manifest:

(a) “Available resources” means the amount that an eligible individual has available to contribute toward NHVR’s financial need-based services as determined by a financial needs review outlined in Ed 10111;

(b) “Commensurate” referencing comparable services and benefits, means the service or benefit from another source shall be similar in scope and quality to the service or benefit offered by vocational rehabilitation services;

(d) “Individual” means the individual requesting services or the individual’s representative, as appropriate;

(e) "Individual with a most significant disability" means an individual with a significant disability:

(1) Who has a significant mental or physical impairment that seriously limits 3 or more functional capacities such as mobility, motor skills, communication, self-care, self-direction, interpersonal skills, and work tolerance, or work skills in terms of employment goals; and

(2) Whose vocational rehabilitation is expected to require 3 or more vocational rehabilitation services over a period of 6 months or longer;

(f) “New Hampshire Vocational Rehabilitation (NHVR)” means the department of education, division of workforce innovation, bureau of vocational rehabilitation, which shall serve as the designated state unit as defined in 34 CFR 361(c)(13); and

(g) “Program for the deaf and hard of hearing” means the program established under RSA 200-C:18.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1003 Protection, Use and Release of Personal Information

N.H. Code Admin. R. Ann. Ed 1003.01 Notice to the Individual {#sec-ed-1003.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1003.01}

(a) At the time of the initial interview, and as appropriate through the rehabilitation process, the counselor shall inform an individual of NHVR’s policies on acquiring, using, and protecting personally identifiable information (PII) and other personal information and data. Such notice shall be given in a language or method of communication understandable to the individual. The explanation shall include at a minimum general information about the principal purposes for which NHVR intends to acquire, use, or release the information and shall identify those agencies and circumstances under which NHVR shall share the information. The individual shall give full and informed consent in writing to release any information. The individual shall also be informed that they can withdraw their consent for release of information by notifying NHVR in writing.

(b) If an individual indicates that information in his or her file is misleading or inaccurate, NHVR shall consider the individual's reasons and request verification documents as necessary. Obvious errors shall be corrected, but information confirmed by the counselor as accurate and necessary for an eligibility determination, plan development, or provision of services, shall be retained. If the information is not amended, the record of services shall document that the individual requested such an amendment, and the individual shall be informed of the availability of the hearing process pursuant to Ed 1021.

(c) If an individual refuses to grant permission for NHVR to release information or obtain needed information from another agency or source, the reasons for the refusal shall be discussed and the potential consequences shall be explained to the individual. If the refusal results in NHVR being unable to share or obtain information required to make an eligibility determination or complete the individualized plan for employment (IPE), NHVR shall close the case pursuant to Ed 1003.03(d).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1003.02 Confidentiality {#sec-ed-1003.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1003.02}

In addition to the requirements under 34 CFR 361.38, the following shall apply regarding confidentiality:

(a) NHVR’s acquisition of PII and other personal information and data about individuals includes the obligation to fully inform individuals about what information is gathered and how it will be used, and how it will be safeguarded against unnecessary or inappropriate dissemination. PII and other personal information and data shall be material which is identifiable to an individual, including reports, evaluations, case histories, notes, photographs and directory information. NHVR’s obligation to preserve confidentiality shall apply to its own use of information directly, and the release of PII and other personal information and data to third parties, other individuals, and agencies. Release of PII and other personal information and data shall also involves the individual's access to his or her own personal information and records pursuant to (c) below;

(b) To the greatest extent possible, NHVR shall use existing information in determining eligibility or providing services to an individual. To the extent existing information is insufficient, NHVR shall obtain only information necessary to determine eligibility or to provide services to an individual. Necessary information may already exist and be available from the individual and his or her family members, treating physicians, other agencies, or it may be information acquired by NHVR specifically for the purpose of serving the individual; and

(c) An individual shall have full, timely access to any information that NHVR maintains about him or her, unless NHVR determines that some information may be harmful to the individual based on counselor professional judgement in consultation with a NHVR supervisor, or if NHVR obtained the information from a source which has restricted its dissemination to the individual. Information that may be harmful shall be released in accordance with 34 CFR 361.38(c).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1003.03 Personally Identifiable Information (PII) and Other Personal Information and Data Collection {#sec-ed-1003.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1003.03}

In addition to the requirements of 34 CFR 361.38, the following shall apply to PII and other personal information and data collection:

(a) The collection of PII and other personal information and data by NHVR personnel concerning individuals shall be authorized by the individual through completion of the “Application for Vocational Rehabilitation Services and Authorization to Release Information” form, revised June 2021;

(b) The individual, or the individual’s representative, shall complete and file the “Personal Information Form” revised June 2021;

(c) The signature of the parent or guardian shall be required when the individual is under 18 years old or has a legal guardian.

(d) The NHVR shall collect PII and other personal information and data under 34 CFR 361.38. Failure by the individual to provide sufficient personal information to the NHVR to determine eligibility, or to prepare an IPE or to monitor progress of services provided, shall result in the case being closed.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1003.04 Release of Information {#sec-ed-1003.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1003.04}

In addition to the requirements of 34 CFR 361.38, the following shall apply to the release of information:

(a) By completing the form referenced in Ed 1003.03(a) above, an individual shall authorize NHVR to release relevant information when requested in accordance with this section.

(b) NHVR shall use PII only for the person's participation in the NHVR program, and shall safeguard and preserve the confidentiality of all PII and other personal information and data it possesses, including the way information is used within NHVR. Information shall be shared with other programs and agencies only with the individual's informed, written consent pursuant to Ed 1003.01 above, if the information is necessary for the program. If NHVR has received information from another source with restrictions or conditions for any further dissemination, NHVR shall release the information only under the conditions established by the other agency or organization;

(c) PII and other personal information and data shall also be released for approved audit, evaluation, and research for purposes in accordance with 34 CFR 361.38(d);

(d) When a third party requests particular information about an individual, the third party shall provide a written request signed by the individual or their guardian designating the third party as a representative who may have access to the individual’s PII and other personal information and data. Third parties may include attorneys, service providers, and other public or private agency or organizations; and

(e) The request shall include:

(1) The individual’s name;

(2) The information being requested;

(3) The reasons why the information is being requested; and

(4) The signature of the individual.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1003.05 Exchanging PII and Other Personal Information and Data with Other Parties {#sec-ed-1003.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1003.05}

(a) When the NHVR is working with an agency or organization on behalf of an individual, PII and other personal information and data shall be exchanged after the individual completes and files the “Authorization to Disclose Information to NH Vocational Rehabilitation” form, revised June 2021, the “Authorization for Release/Disclosure of Personal Information” form revised June 2021, or both, or his or her parent or guardian if the individual is under 18 years old or has a legal guardian. For agencies and organizations having an agreement with the NHVR to exchange PII and other personal information and data, said information regarding mutual applicants or eligible individual’s PII and other personal information and data shall be exchanged without obtaining an individual’s release. The agencies and organizations having such cooperative agreements shall be identified by the NHVR on the forms described in Ed 1003.03(a)-(b).

(b) Agencies and organizations with which the NHVR shall exchange information shall include but not be limited to:

(1) The New Hampshire department of health and human services;

(2) The New Hampshire department of labor, division of workers’ compensation;

(3) New Hampshire WORKS Partners established under the Workforce Innovation and Opportunity Act of 2014 (WIOA), as described in the cooperative agreement;

(4) Community rehabilitation programs;

(5) New Hampshire disability determination services; and

(6) The Social Security Administration (SSA).

(c) In situations not covered by the provisions of Ed 1003.05(a), upon receiving the informed written consent of the applicant or eligible individual the NHVR shall release PII and other personal information and data in accordance with 34 CFR 361.38(e)(1).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1003.06 Exceptions {#sec-ed-1003.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1003.06}

When required by law, NHVR shall release PII or other personal information and data without an individual's written consent in accordance with 34 CFR 361.38(e)(2)-(5).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1004 Referrals and Applying for Services

N.H. Code Admin. R. Ann. Ed 1004.01 Intention to Achieve an Employment Outcome {#sec-ed-1004.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1004.01}

During the application process, individuals shall be informed that vocational rehabilitation services are only provided if they intend to achieve an employment outcome as defined in 34 CFR 361.5(c)(15). Individuals with disabilities shall be active partners with the vocational rehabilitation counselor and together work to establish employment outcomes and the steps to reach those goals.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1004.02 Participant Involvement {#sec-ed-1004.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1004.02}

NHVR shall encourage the greatest degree of independence and responsibility as desired by an individual. Individuals shall be encouraged to actively participate in developing their own IPEs, schedule their own appointments, complete investigatory assignments, and perform other tasks with the full support and guidance of their counselors, as needed.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1004.03 Referrals and Applying for Services {#sec-ed-1004.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1004.03}

In addition to the provisions of 34 CFR 361.41, the following shall apply to referrals and applications for services:

(a) Any individual who has a disability which results in a substantial impediment to employment shall be eligible to receive services from NHVR if determined eligible pursuant to Ed 1006;

(b) Individuals with disabilities shall:

(1) Seek NHVR services directly; or

(2) Be referred by family members, guardians, friends, schools, independent living centers, federal, state, or local agencies, medical providers, and other sources.

(c) Referral information shall include the person's name, address, date of birth, and as much of the following information as is available:

(1) Referral disability; and

(2) Source of referral.

(d) When referring an individual to NHVR for services, the referral source may, at the time of the referral, provide all necessary and available information related to the individual's disability and employment needs to expedite eligibility decisions and planning for services;

(e) When information received from referral sources does not include name, address, or date of birth, NHVR staff shall request that the referral source provide the data as well as other necessary information;

(f) When referral information is received from a referral source other than the individual, without a signed application as described in (h)(1), or without a signed letter as described in (h)(2) requesting services, NHVR shall request the individual complete and file the application required in Ed 1003.03(a) above;

(g) Cooperative agreements and memoranda of understanding shall be established between NHVR and agencies enumerated in Ed 1003.05(b), which shall include specific referral criteria and processes to promote referral and shall be used pursuant to the agreements and MOUs;

(h) An individual shall be considered to have submitted an application, which means that eligibility shall be determined within 60 calendar days, when the individual or the individual's representative, as appropriate:

(1) Has either:

a. Completed and signed NHVR's application required in Ed 1003.03(a) above;

b. Submitted a signed letter with the necessary information enumerated in Ed 1004.03(c); or

c. Has requested services verbally, because he or she cannot sign a form or letter due to a disability;

(2) Has provided information necessary to initiate an assessment to determine eligibility; and

(3) Is available to directly participate in and complete the assessment process.

(i) When applying for services, the individual shall provide information including, but not limited to, employment history, medical information, work status, or school records necessary to determine eligibility and shall be available to meet, provide available information, and to participate in assessments as necessary.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1005 Assessment

N.H. Code Admin. R. Ann. Ed 1005.01 Assessment: Generally {#sec-ed-1005.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.01}

In addition to the requirements of 34 CFR 361.42 and 34 CFR 361.45, the following shall apply to assessments for determining eligibility, developing an IEP, determining priority for services, and as needed to monitor and provide vocational rehabilitation services:

(a) The assessment process shall begin when an individual with a disability applies for NHVR services with the intent to reach an employment outcome;

(b) The assessment process shall be utilized for the following:

(1) To determine eligibility;

(2) To determine the significance of disability;

(3) To identify the scope of required services and supports to meet rehabilitation needs;

(4) To substantiate appropriateness for supported employment;

(5) To develop the individualized plan for employment (IPE);

(6) To determine progress during the implementation of the IPE; and

(7) To determine if the individual has achieved an employment outcome in a competitive integrated setting consistent with the individual’s employment factors; and

(c) An individual shall be accommodated to participate in the assessment process using the most appropriate mode of communication to enable the individual to comprehend and respond to information being communicated during the assessment process.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1005.02 Role of the Vocational Rehabilitation Counselor {#sec-ed-1005.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.02}

(a) The NHVR counselor shall:

(1) Collect, analyze, synthesize, and interpret available information;

(2) Engage the individual with a disability in the assessment process; and

(3) Develop a positive counseling and guidance relationship by making every effort to understand the individual’s priorities during the assessment process.

(b) If additional information is needed, the NHVR counselor, along with the individual receiving services, shall decide how to obtain the information and establish appropriate timeframes for completion.

(d) The NHVR counselor shall obtain only the information necessary for eligibility or service planning.

(e) The individual’s active involvement shall be documented in the record of services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1005.03 Individual’s Participation in the Assessment Process {#sec-ed-1005.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.03}

(a) The individual shall be offered every opportunity to actively participate in the assessment and decision-making process.

(b) The individual shall:

(1) Work with the NHVR counselor to understand how the assessment process is used to determine eligibility, plan for services, and identify an employment outcome;

(2) Be available for assessment services and complete any agreed upon assessment activities within the timeframe established; and

(3) Participate in a discussion of the results and what they mean in terms of achieving an employment outcome.

(c) The individual shall have an opportunity to respond to assessment results and include a representative in any discussions.

(d) While the decision-making process shall be collaborative, decisions shall reflect the judgment of the NHVR counselor in accordance with Ed 1000 and 34 CFR 361.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1005.04 Focus on Functional Capacities and Employment Factors {#sec-ed-1005.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.04}

(a) Assessment shall focus on the overall functional capacities of the individual, particularly the strengths related to pursuing employment.

(b) Assessment shall include a review of the individual’s disability and its impact on one or more functional capacities as described in Ed 1007.02(b)(2).

(c) The results of the assessment process shall then identify how one or more of these functional capacities impact the individual’s unique employment factors as described in Ed 1006.02(d).

(d) Assessment shall specify what supports, if required to achieve the employment outcome, shall be provided to the individual to enhance strengths and overcome limitations.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1005.05 Assessment for Determining Eligibility and Priority for Services {#sec-ed-1005.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.05}

In addition to the requirements of 34 CFR 361.42 the following shall apply to assessments for determining eligibility and priority for services:

(a) An assessment for determining eligibility and priority for services shall begin when an individual with a disability applies for NHVR services, as outlined in Ed 1004.03(g), with the intent to reach an employment outcome;

(b) An assessment and determination shall be completed within 60 days of receipt of one of the application types described in Ed 1004.03(g);

(c) Existing information shall be reviewed by the NHVR counselor to determine if the information is sufficient to determine eligibility and this shall include establishing the disability(ies), identifying the impediment to employment, and determining whether there is a need for vocational rehabilitation services;

(d) After the execution of the “Authorization to Disclose Information to NH Vocational Rehabilitation” form, revised June 2021, and all other applicable releases, written documentation of the person's disability shall be obtained. This documentation may be from treatment facilities, providers, medical and other diagnosticians, educational sources, federal or state agencies, therapists, and professionals who evaluate and report on disability or medical and psychological disorders. Referrals, or information obtained by request with an authorized release by other agencies, may include information about the individual's disability, resulting functional limitations, and how it relates to the individual’s employment needs;

(e) Individuals may obtain and provide documentation from their treating physician, certified treatment program, a licensed or certified practitioner skilled in the diagnosis and treatment of the disability, or other source that verifies the existence and extent of an impairment to assist with the eligibility determination process;

(f) If additional information is needed, the applicant and counselor shall decide how best to obtain the information and establish appropriate time frames. If the applicant is unable to provide appropriate evidence, NHVR shall obtain the required information as part of the assessment process;

(g) If not already completed, the applicant and counselor shall complete the form required in Ed 1003.03(b) during the assessment process using the information gathered before and during the process;

(h) Existing information shall be considered adequate if, in the NHVR counselor's judgment, it provides sufficient information to document the person's disability(ies) and employment factors, resulting impediments to employment, ability to benefit from services, and requirements for services;

(i) If an individual meets NHVR’s eligibility criteria, eligibility shall not be delayed while waiting for information to be used for vocational planning purposes; and

(j) A determination of eligibility shall not be a guarantee of the provision of specific services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1005.06 Assessment for Developing the Individualized Plan for Employment (IPE) {#sec-ed-1005.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.06}

In addition to the requirements of 34 CFR 361.44, the following shall apply to assessments for developing the individualized plan for employment (IPE):

(a) NHVR shall conduct an assessment for determining vocational rehabilitation needs for each eligible individual. The assessment shall be used to determine the employment outcome and the nature and scope of vocational rehabilitation services to be included in the IPE;

(b) A comprehensive assessment of the eligible individual shall be limited to information necessary to identify the rehabilitation needs of the eligible individual and to develop the individual's IPE as follows:

(1) Existing information shall be used as the primary source of information; and

(2) Information provided by the individual and other sources shall be subject to the rules of confidentiality and release of information under Ed 1003 and 34 CFR 361.38.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1005.07 Referral for Assessment Services {#sec-ed-1005.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1005.07}

(a) When referring for assessment services, the NHVR counselor shall provide necessary information, through the most appropriate communication mode for the individual, which focuses on the individual’s unique vocational needs. The referral shall include relevant background information about the individual’s disability, previous education and work experience, available pertinent records, and existing reports, as appropriate.

(b) The NHVR counselor shall prepare the individual for the assessment in advance.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1006 Eligibility for Services

N.H. Code Admin. R. Ann. Ed 1006.01 Eligibility {#sec-ed-1006.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.01}

In addition to the requirements under 34 CFR 361.42 the following shall apply when determining eligibility and an individual’s priority under an order of selection for services:

(a) A person shall be eligible for vocational rehabilitation services when the individual, because of the substantial impediment to employment caused by their disability, cannot achieve an employment outcome consistent with an individual’s employment factors without receiving vocational rehabilitation services that are identified as essential and necessary for the person to overcome their barriers to employment due to their disability;

(b) For purposes of an assessment for determining eligibility and vocational rehabilitation needs under 34 CFR 361.42(a):

(1) An individual shall be presumed to benefit in terms of an employment outcome; and

(2) Any individual who has been determined eligible for social security benefits because of the individual’s disability shall be presumed eligible for vocational rehabilitation services and considered an individual with a significant disability pursuant to 34 CFR 361.42(a)(3);

(c) A determination of eligibility shall not constitute a guarantee of the provision of specific services or of NHVR's financial support;

(d) The NHVR shall inform individuals, through its application process for vocational rehabilitation services, that individuals who receive services under the program shall intend to achieve an employment outcome;

(e) The applicant's completion of the application process for vocational rehabilitation services shall be sufficient evidence of the individual's intent to achieve an employment outcome, and no additional demonstration on the part of the applicant shall be required for purposes of satisfying Ed 1010.04(e); and

(f) Nothing in this section shall be construed to create an entitlement to any vocational rehabilitation service.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1006.02 Employment Factors {#sec-ed-1006.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.02}

(a) The NHVR counselor shall begin the eligibility process with the presumption that the individual can benefit from vocational rehabilitation services in terms of an employment outcome.

(b) Eligibility for services shall be determined in relationship to the individual’s need for services to achieve an employment outcome consistent with the individual’s employment factors as described in (d) below.

(c) Employment factors shall be assessed, as necessary, documented, and considered together when determining eligibility and planning services, relying on existing information available from the individual and other sources, as well as any additional assessments where appropriate.

(d) Employment factors shall be assessed, as necessary, and documented, as appropriate, in the following categories:

(1) Strengths as demonstrated by the individual’s positive attributes or inherent expertise related to an employment field such as intellectual aptitude, motivation, talents, work and volunteer experience, work skills, work-related hobbies, and transferable life skills;

(2) Resources as demonstrated by the individual’s sources of available support, including financial, social, information, and technological, on which the person can rely to prepare for and meet employment objectives. These resources could be available from the individual, the family, or other community or public sources;

(3) Priorities as demonstrated by the individual’s consistency with and relationship to employment-related preferences, based on informed choice among available options;

(4) Concerns as demonstrated by the individual’s employment-related issues that need to be considered in vocational planning such as financial, self-sufficiency, medical, residential, transportation and family considerations;

(5) Abilities as demonstrated by the individual’s existing physical, mental, or functional capacity to successfully engage in employment through natural aptitude or acquired proficiency;

(6) Capabilities as demonstrated by the potential for an individual to develop the skills necessary for employment through the provision of vocational rehabilitation services;

(7) Interests as demonstrated by occupational areas on which an individual has focused special attention; and

(8) Informed choice as demonstrated by the active involvement of participants contributing to the success of and satisfaction with their employment goals in the selection of a long-term employment outcome, rehabilitation objectives, and vocational rehabilitation services including assessment services and service providers.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1006.03 Trial Work Experiences for Individuals with Significant Disabilities {#sec-ed-1006.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.03}

(a) Before an individual is determined unable to benefit from vocational rehabilitation services because of the severity of the individual’s disability, the NHVR counselor shall explore the individual’s abilities, capabilities, and capacity to perform in work situations through trial work experiences;

(b) A trial work experience shall assess individuals with significant disabilities by providing an opportunity to demonstrate their potential capacities through real work experiences;

(c) The trial work experiences shall provide an opportunity for experiences with on-the-job supports and training, including assistive technology, except when determined not appropriate for an individual to participate in such experience;

(d) If a trial work experience is not appropriate for an individual, the vocational rehabilitation counselor shall document in the case record the circumstances for that determination;

(e) The results of the trial work experience shall be used demonstrate that the individual can benefit from services or it shall enable the NHVR counselor to determine with clear and convincing evidence that the applicant cannot benefit from vocational rehabilitation services in terms of an employment outcome;

(f) NHVR counselors shall enlist community rehabilitation providers through vocational assessments that include activities such as situational assessments, community-based workplace assessments, work try-outs, and supported employment as a means to provide the required trial work experiences;

(g) NHVR counselors shall have a high degree of certainty before concluding that a person is incapable of benefiting from vocational rehabilitation services, and there shall be clear and convincing evidence for the conclusion. For purposes of this rule, clear and convincing evidence shall mean that no employment outcome is possible considering information from the trial work experience and more than one opinion considered and utilized as evidence; and

(h) A written plan for the trial work experience shall be outlined in the record of services that describes the services necessary to determine eligibility. Only services to determine eligibility or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting, in terms of an employment outcome because of the severity of the disability, shall be provided during a trial work experience. The written plan shall include the expected duration of services, identification of the service provider, and how the experience will contribute to the determination of the individual's eligibility.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1006.04 Timeline for Determining Eligibility {#sec-ed-1006.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.04}

(a) Pursuant to 34 CFR 361.41(b), an eligibility determination shall be made within 60 days of applying for services, as pursuant to Ed 1004.01(h) unless there are exceptional or unforeseen circumstances, or a trial work experience is necessary;

(b) When eligibility cannot be determined within 60 days, as stated in (a) above, NHVR staff shall reach an agreement with the applicant to extend the 60-day time limit. The applicant shall be informed of:

(1) The reasons for the delay and the steps necessary to reach an eligibility determination; and

(2) A date for which eligibility shall be determined;

(c) If the determination will be delayed beyond the projected date, staff shall work with the applicant to resolve any impediments and a new projected date for eligibility determination shall be based on the anticipated time frame to collect the necessary information;

(d) If an agreement to extend the timeline for determination cannot be achieved one of the following shall apply:

(1) If the delay is not due to the individual’s refusal to provide information, but rather to the individual’s unavailability to provide additional information or participate in additional assessment for determining eligibility, the case shall be closed pursuant to Ed 1003.03(d), and the individual shall be fully informed of his or her right to an administrative review, mediation, and impartial hearing and assistance as described in Ed 1021;

(2) If the delay is due to the individual declining to provide additional information or participate in additional assessment activities after initial documentation is received, the eligibility decision shall be made as quickly as possible based on the available information, and the individual shall be fully informed of his or her right to an administrative review, mediation, and impartial hearing and assistance as described in Ed 1021; or

(3) If the delay is due to the individual’s refusal to provide information, the case shall be closed pursuant to Ed 1003.03(d), and the individual shall be fully informed of his or her right to an administrative review, mediation, and impartial hearing and assistance as described in Ed 1021.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1006.05 Eligibility Determination {#sec-ed-1006.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.05}

Except as provided in Ed 1006.04(b) through (d), within 60 days of an individual’s application for services pursuant to Ed 1004.01(h), NHVR shall notify the individual regarding eligibility as follows:

(a) When sufficient information and documentation exists to determine eligibility, that the applicant is eligible for services, and planning for services continues;

(b) When eligibility cannot be determined because of the severity of the person's disability, that a written plan shall be developed for the services to be provided during a trial work experience to determine if the individual can benefit from NHVR services;

(c) When sufficient information and documentation exists to determine that the applicant is not eligible for services because NHVR has documented that the individual:

(1) Does not have a disability;

(2) Does not have a substantial impediment to employment;

(3) Is unable to benefit from vocational rehabilitation services in terms of an employment outcome because of the severity of the disability, justified by clear and convincing evidence demonstrated by a trial work experience pursuant to Ed 1006.03; or

(4) Does not require services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1006.06 Provisions of an Ineligibility Determination {#sec-ed-1006.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.06}

NHVR shall comply with 34 CFR 361.43 when making an ineligibility determination as described in Ed 1006.05(c).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1006.07 Closure without Eligibility Determination {#sec-ed-1006.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1006.07}

Pursuant to 34 CFR 361.44 the NHVR shall not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the NHVR has made a minimum number of 2 attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1007 Significance of Disability

N.H. Code Admin. R. Ann. Ed 1007.01 Significance of Disability Categories {#sec-ed-1007.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1007.01}

(a) NHVR shall assign and track levels of significance of disabilities to:

(1) Ensure vocational rehabilitation services for individuals with the most significant disabilities; and

(2) To establish priority of services when NHVR determines an order of selection is necessary.

(b) The NHVR counselor shall identify an individual as having a most significant, significant, or less significant disability using existing information without delaying the eligibility decision based on criteria including, but not limited to:

(1) The individual’s functional capacities;

(2) The services needed to reduce the impact of disability-related limitations; and

(3) The duration of the rehabilitation services required for the individual to achieve an employment outcome.

(c) Significance of disability shall not be based on a specific diagnosis or disability and the determination may be changed any time NHVR becomes aware of additional relevant information consistent with the requirements of Ed 1007.02 during the life of the case.

(d) Significance of disability shall be categorized as follows:

(1) Individuals with a most significant disability as defined in Ed 1002.01(e);

(2) Individuals with a significant disability as defined in 34 CFR 361.5(30); and

(3) Individuals with a less significant disability.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1007.02 Determining Significance of Disability {#sec-ed-1007.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1007.02}

(a) The NHVR counselor shall determine the significance of disability by reviewing the following 3 criteria:

(1) Serious impairments to functional limitation areas;

(2) More than one rehabilitation service required to reduce the impact of limitations on employment; and

(3) Duration of services for 6 months or more.

(b) The NHVR counselor shall apply the following to determine serious functional limitations:

(1) “Serious limitation” means a reduction, due to a severe physical or mental impairment, to the degree that the individual requires services or accommodations not typically made for other individuals in order to prepare for, enter into, engage in, advance in, or retain competitive integrated employment; and

(2) Functional capacities to be considered shall include, but not be limited to:

a. Mobility which shall refer to a person’s ability to move to and from work or within a work environment including walking, climbing, coordination, accessing and using transportation, and use of spatial and perceptual relationships;

b. Communication which shall refer to a person’s ability to transmit and receive information through spoken, written, or other non-verbal means;

c. Self-care which shall refer to a person’s ability to perform activities of daily living, to participate in training or work-related activities, including eating, toileting, grooming, dressing, cooking, shopping, washing, housekeeping, financial management, and health and safety needs;

d. Self-direction which shall refer to a person’s ability to independently plan, learn, reason, problem solve, memorize, initiate, organize, and make decisions in order to allow individuals to assimilate information and learn specific skills related to job functions;

e. Interpersonal skills which shall refer to a person’s ability to establish and maintain personal, family, or community relationships as the skills affect job performance;

f. Work tolerance which shall refer to a person’s capacity to meet the demands of the workplace regardless of the work skills already possessed by the individual and where limitations may be due to physical disability, stamina and fatigue, effects of medication, or psychological factors;

g. Motor skills which shall refer to a person’s purposeful movement and control of the body and its members to achieve specific results to the degree necessary to get and keep a job; and

h. Work skills which shall refer to a person’s ability to perform specific tasks required to carry out job functions, the capacity to benefit from training in the necessary skills, and the capacity to practice the work habits needed to stay employed.

(c) The NHVR counselor shall only include those services that are necessary, as a direct result of the disability, in the determination of the significance of disability, including without limitation:

(1) Agency provided services;

(2) Assistive technology or rehabilitation technology;

(3) Job or training accommodations other than assistive technology;

(4) Job-related services or community rehabilitation program (CRP) services;

(5) Physical restoration services, mental restoration services, or both;

(6) Reader, rehabilitation technology, and orientation and mobility for individuals who are blind;

(7) Supported employment; and

(8) Training, including vocational, college, or on-the-job training, or equivalent as determined by NHVR.

(d) Assessment services, counseling and guidance, and job placement services shall be provided to all individuals to meet a specific employment outcome, and may be provided by other federal, state, or local public agencies, by health insurance, or by employee benefits as comparable benefits and services, but shall not be considered when determining significance of disability.

(e) A determination that services will be required for an extended period of time shall be made when required services are expected to last 6 or more months after a plan is developed.

(f) An individual who has a disability and is receiving supplemental security income (SSI) or social security disability insurance (SSDI) benefits as a result of the disability, as determined by the SSA, shall be presumed to have at least a significant disability, as described in Ed 1006.01(c). Further review by the NHVR counselor of the individual’s functional capacities may result in a determination that the individual has a most significant disability and changes to disability designation may occur any time additional information becomes available.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1008 Individualized Plan for Employment

N.H. Code Admin. R. Ann. Ed 1008.01 Individualized Plan for Employment (IPE); Generally {#sec-ed-1008.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.01}

The NHVR shall comply with the provisions of 34 CFR 361.45 and 34 CFR 361.46 in the development and completion of a written IPE, in addition to the following:

(a) The IPE shall contain a written plan consistent with the requirements of 34 CFR 361.45(d)(2)(i), to include the steps that shall measure progress toward the employment outcome;

(b) The IPE shall outline how the individual shall achieve a specific employment outcome in accordance with 34 CFR 361.45(b)(2);

(c) The individual shall be informed of his or her rights and responsibilities and the steps necessary to achieve an employment outcome during the process of developing the IPE; and

(d) The NHVR counselor and the eligible individual shall agree on the criteria to evaluate progress toward the employment outcome.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.02 Timelines for IPE Development {#sec-ed-1008.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.02}

(a) The IPE shall be developed as soon as possible, within 90 days of the determination of eligibility pursuant to Ed 1006.

(b) If the NHVR counselor anticipates the IPE development will be delayed, the eligible individual shall be informed of, and the NHVR counselor shall document in the record of services, the:

(1) Reasons for the delay;

(2) Steps necessary to complete the development of the IPE;

(3) Date for which the IPE shall be completed; and

(4) Completion of the “Plan Development Extension” form, June 2021.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.03 Basic Requirements of the IPE {#sec-ed-1008.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.03}

(a) The eligible individual and the counselor shall develop the IPE based on results of the planning that began during the assessment for determining eligibility and continued through comprehensive assessment, to the degree necessary, for plan development pursuant to Ed 1005 and Ed 1006.

(b) An approved IPE shall confirm the agreement between the individual and the counselor regarding the employment outcome and the NHVR services necessary to achieve that goal as follows:

(1) The IPE shall be agreed to and signed by the eligible individual and reviewed, approved, and signed by the counselor or supervisor before implementation of the IPE;

(2) Any amendments to the individual’s employment outcome, services provided, provider of services, or change in the cost of services shall be considered a substantive or major change to an individual’s IPE and shall be agreed to and signed as outlined in (1) above;

(3) To the maximum extent possible, a written copy of the IPE, including any amendments, shall be provided to the individual in the native language or mode of communication of the individual; and

(4) The IPE shall be reviewed as often as necessary, but shall be reviewed at least annually by the individual and the counselor.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.04 Contents of the IPE {#sec-ed-1008.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.04}

In addition to the requirements of 34 CFR 361.45, the following shall apply to the contents of an IPE:

(a) NHVR shall comply with the provisions of 34 CFR 361.46 in developing the content of the IPE, except that the NHVR shall not fund or assist in the funding of intensive hospitalization or surgery including, but not limited to, organ or bone marrow transplantations pursuant to Chapter 252:2 of the Laws of 1993;

(b) The IPE shall contain information necessary for an individual to understand their rights, responsibilities, expected actions, service(s), service provider(s), and criteria to evaluate progress toward reaching the employment outcome, including:

(1) The employment outcome of the eligible individual based on assessments described in Ed 1005;

(2) Specific vocational rehabilitation services required and agreed to by the individual and the counselor to achieve the employment outcome including the start and end dates for each service;

(3) A description of criteria to evaluate progress toward achievement of the employment outcome such as timelines and a description of the steps or benchmarks to be reached by such timelines;

(4) The service provider(s);

(5) An explanation of the extent to which the individual and family shall contribute to the cost of services and the extent to which comparable benefits and services shall be available to the person receiving services;

(6) The responsibilities of the individual and the counselor to implement the IPE, such as the individual maintaining a particular attendance pattern during training, or contacting the counselor on an agreed upon schedule;

(7) Post-employment services that the individual shall need once employed;

(8) Information regarding the individual’s rights and how to express and resolve any dissatisfaction through due process as described in Ed 1021; and

(9) Information regarding the availability of the local Client Assistance Program (CAP).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.05 Options for Development of the IPE {#sec-ed-1008.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.05}

In accordance with 34 CFR 361.45(c)(1), the following applies to the options for development of the IPE:

(a) As soon as possible after determining eligibility, not to exceed 15 business days, the individual shall be notified in writing of the options available to the eligible individual for developing all or part of the IPE;

(b) The individual may combine any of the options, and take on a greater degree of responsibility for the IPE, or receive increased assistance from NHVR over the course of time;

(1) Without assistance from NHVR;

(1) With assistance from a NHVR counselor; and

(2) With technical assistance from other sources such as independent living centers, school guidance counselors, parents, friends, or community rehabilitation programs, which shall include the organizations and individuals receiving a copy of the IPE.

(d) Regardless of the option chosen in (b) above, the counselor shall be responsible for reviewing and approving all IPEs, including any proposed changes, and shall provide counseling and guidance to the eligible individual.

(e) The individual shall be informed of:

(1) The required content or components of the IPE;

(2) The requirement that the counselor shall review and approve the IPE and that the IPE shall be signed by both the counselor and the eligible individual prior to implementation;

(3) The financial commitments for the services in the IPE, including information about NHVR administrative rules on economic need, comparable benefits, and service purchase;

(4) Additional information the eligible individual requests or NHVR determines to be necessary to complete an IPE;

(5) The rights and responsibilities of the individual in carrying out the IPE, including remedies available through due process pursuant to Ed 1021; and

(6) The availability of the CAP and how to contact the CAP provider.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.06 Counseling and Guidance During IPE Development {#sec-ed-1008.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.06}

(a) The counselor shall facilitate the development of the IPE by engaging the eligible individual through counseling and guidance to identify the employment outcome and the steps and services needed to reach that goal to the degree necessary based on the option for developing the IPE in accordance with CFR 361.45(c)(1) and 1008.05.

(b) The counselor shall be responsible for reviewing and approving all IPEs, including any proposed changes as described in Ed 1008.13.

(d) When jointly developing the IPE with the eligible individual, the counseling and guidance shall focus on options including, but not limited to:

(1) Exploring the impact of the disability and options and resources which allow the individual to achieve an employment outcome;

(2) Engaging in assessment activities that identify the individual’s rehabilitation needs and help the individual make informed choices about employment options and the employment outcome;

(3) Using current labor market information to help identify a potential employment outcome;

(4) Identifying an employment goal consistent with abilities, interests, rehabilitation goals and labor market information;

(5) Developing positive employment attitudes and behaviors;

(6) Explaining services available through various community resources;

(7) Identifying needed services and coordinating referrals as appropriate;

(8) Developing job-seeking and networking skills; and

(9) Monitoring post-employment adjustment to determine need for additional services.

(e) When the eligible individual chooses to independently develop the IPE, NHVR shall be available to provide substantial technical assistance related to IPE development which shall include:

(1) Explaining the IPE process, procedures, and requirements of NHVR rules;

(2) Advising the individual on where to obtain information about careers, labor market information, and demand occupations;

(3) Identifying other sources of technical assistance, services, and funding; and

(4) Recommending potential service providers and sharing available information about their performance outcomes.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.07 Secondary Students with Disabilities {#sec-ed-1008.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.07}

(a) Students with disabilities shall be referred to NHVR by school districts when the school’s assessment and planning process concerning the individual indicates that NHVR services shall be necessary for the students to successfully achieve employment, either immediately upon leaving school or following additional vocational training, postsecondary education, or other services.

(b) For students with disabilities who are not receiving special education services, NHVR staff shall work with school guidance counselors, nursing staff, or section 504 coordinators for appropriate referrals.

(d) For students with disabilities receiving special education services who are determined eligible for vocational rehabilitation services, IPEs shall be developed prior to their exiting the secondary program, or within 90 days of eligibility determination, whichever occurs first.

(e) Students not already evaluated, or with an incomplete assessment by the student’s special education team, shall require assessments and reports completed prior to identifying an employment outcome and determining the specific vocational rehabilitation services in an IPE. In these circumstances, the NHVR counselor shall document the specific assessment activities and services conducted to develop the IPE and how this will affect the timeframe for IPE development.

(f) NHVR staff shall take the following steps in developing an IPE for a secondary student with disabilities:

(1) NHVR staff shall review school information and reports to determine if there is transition information contained in the student’s IEP, and if appropriate, include the information in the IPE, including, but not limited to:

a. Assessment information;

b. Employment outcome; and

c. A description of vocationally-related services;

(2) The IPE shall reflect NHVR funded services when they contribute to the achievement of a post-school employment goal and are coordinated with the student’s educational plan. The counselor shall determine that these services shall be required to enable the individual to achieve the post-school employment goal and that those specific NHVR services shall not be the program or fiscal responsibility of the school district; and

(3) The results of the planning by NHVR shall be made available to the school liaison, with a signed release of information from the parent or adult student, pursuant to Ed 1003. The NHVR shall request the student’s IEP be amended to contain the school services identified in (2) above as those that will contribute to the success of the student’s plan.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.08 IPE and Supported Employment {#sec-ed-1008.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.08}

For individuals with the most significant disabilities for whom an employment outcome in a supported employment setting is determined to be appropriate, the IPE shall also include the following:

(a) A description of the extended services needed, including natural supports when necessary;

(b) The source of extended services, or if not possible during the development of the IPE, an explanation of why there is a reasonable expectation that such sources shall be available; and

(c) Coordination of NHVR services with vocationally-relevant services provided under other individualized plans under related federal or state programs, which shall be documented in the record of services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.09 IPE Documentation Requirements {#sec-ed-1008.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.09}

The following areas shall be documented, and the NHVR shall indicate any opportunities that the individual was afforded to exercise informed choice pursuant to Ed 1013:

(a) Employment outcome development, including, but not limited to:

(1) The employment outcome selected by the individual in developing the IPE;

(2) The rationale for that goal, based on the employment factors, as describe in Ed 1006.02;

(3) The results of assessment services;

(4) The alternatives considered by or with the individual;

(5) If applicable, the coordination with the individual education program (IEP), or if coordination with the IEP cannot be realized in the IPE, the case note shall contain the reason;

(6) The level of integration in the employment outcome; and

(7) Discussion of rehabilitation technology, accommodations, support services, and transportation considerations pursuant to Ed 1006 and Ed 1007;

(b) Service options, including, but not limited to:

(1) The rationale that describes why the planned services are required to reach the employment outcome;

(2) Vocational rehabilitation services;

(3) The cost effectiveness of the service selected;

(4) Service providers;

(5) The level of integration in the settings in which services shall be provided;

(6) The need for extended services; and

(7) The need for post-employment services;

(c) Comparable benefits that indicate the availability of resources that shall be used to help pay the costs of vocational rehabilitation services;

(d) An indication of the result of, or the exemption from, the financial need determination when services are to be provided contingent on financial need as described in Ed 1006;

(e) Impact on financial benefits, including, but not limited to:

(1) A description of the availability of benefits counseling, work incentive planning and advisement resources, and the option for referral to these programs, as needed, concurrent with the implementation of the IPE;

(2) Employment earnings that may have an impact on SSI, SSDI, temporary assistance for needy families (TANF), medicaid, medicare, housing subsidies, and other public benefits; and

(3) The availability of work incentive programs, including, but not limited to social security trial work period and ongoing medicaid coverage; and

(f) The need for the provision of assistive technology devices, assistive technology services, and personal assistance services, including training in the management of those services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.10 Preparing the Original IPE {#sec-ed-1008.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.10}

(a) The original IPE shall be completed based on the existing information and comprehensive assessment that identifies the employment outcome and the nature and scope of NHVR services.

(b) The IPE, or explanation of the IPE, shall be provided in the primary language or mode of communication of the eligible individual.

(c) When completing the “New Hampshire Vocational Rehabilitation Individualized Plan for Employment” form, revised June 2021, the NHVR counselor shall adhere to the following guidelines:

(1) The original IPE date shall be on or after the eligibility date, and on or before the start of services;

(2) The employment outcome shall be as specific as possible;

(3) The anticipated month and year the eligible individual is expected to reach the employment outcome shall include the 90-day employment period prior to case closure;

(4) Planned services shall be discussed with the eligible individual and all known services that the individual needs during the rehabilitation process shall be included in the IPE;

(5) For supported employment services, the extended services provider and the funding source shall be entered on the IPE if known at the time. If a provider cannot be identified by the time the document is to be signed, but there is a reasonable expectation that such a provider will become available, then a description of the basis for concluding that there is a reasonable expectation that those sources will become available shall be documented in the in the IPE;

(6) The services section shall contain specific information about the individualized vocational rehabilitation services, including support services such as transportation, interpreter services, and note taker services that shall be required to reach the employment outcome. All services shall be provided, as appropriate, in the most integrated setting;

(7) Vocational rehabilitation services or support services shall include:

a. Those provided directly by NHVR staff, such as counseling and placement services;

b. Those authorized to service providers;

c. Those received by the individual as a comparable benefit; and

d. Those received by the individual through other organizations such as independent living centers, community rehabilitation programs, mental health clinics, or other treatment services when they are necessary for the successful completion of the IPE;

(8) Identification of services on the IPE shall include:

a. The specific vocational rehabilitation or support service;

b. The service provider;

c. The start and end dates of the service;

d. NHVR responsibility, or the estimated amount NHVR shall be responsible for;

e. The amounts of comparable benefits;

f. Individual responsibility after the financial needs assessment and comparable benefits and services are determined; and

g. The estimated cost of services;

(9) Criteria to evaluate progress shall be clearly stated and outlined as steps in the IPE. Each step shall specify a behavior or action and the evaluation criteria for that step. An expected date of completion for each step shall not be required, except that eligible individual responsibilities, such as “participate in treatment services” or “advise your counselor of any change of medication” shall be itemized; and

(10) The rights and responsibilities section of the IPE shall contain preprinted information regarding both the individual and NHVR’s role in achieving the IPE and shall include information concerning the CAP, administrative reviews, mediation, and impartial hearings.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.11 Reviewing the IPE {#sec-ed-1008.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.11}

(a) The IPE shall be reviewed at least annually.

(b) The eligible individual or the NHVR counselor may initiate a review of the IPE at any time.

(d) If changes are initiated following a review, those changes shall be recorded in an amendment to the IPE pursuant to Ed 1008.12.

(e) At least 30 days prior to the date of the annual review, the NHVR counselor shall communicate with the individual to schedule an IPE review.

N.H. Code Admin. R. Ann. Ed 1008.12 Changes to the IPE {#sec-ed-1008.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.12}

(a) Changes to the IPE shall occur at any time when agreed to by the eligible individual and the NHVR counselor.

(b) All changes shall be documented in the record of services by completing IPE form referenced in Ed 1008.10(c) or the “Plan Amendment” form, revised June 2021.

(d) When making changes to the IPE, the individual has the same options enumerated in Ed 1008.05(b).

(e) Major changes to an IPE shall include, but not be limited to:

(1) A change in the employment outcome, which may affect a change in the anticipated date of employment which shall be modified accordingly;

(2) An increase in the level of individual participation in the cost of services, if, as a result of a change in the IPE, the total expenditure that the individual is expected to contribute increases over the amount the individual contributed to the original IPE, or most recent major change if applicable;

(3) New services being added to the IPE; and

(4) A new provider of services.

(f) Minor changes to an IPE shall include, but not be limited to:

(1) Service start or end dates;

(2) The anticipated date of employment;

(3) The evaluation progress section of the IPE, which shall include the criteria to evaluate progress and any relevant individualized responsibilities;

(4) The types of services that the individual may need; and

(5) An increase in the cost of an authorized service that does not increase the level of the individual’s participation in the cost of services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.13 IPE Approvals and Signatures {#sec-ed-1008.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.13}

(a) The NHVR counselor shall review and evaluate the proposed IPE and proposed changes to an IPE.

(b) The NHVR counselor shall evaluate the IPE to ensure:

(1) The employment outcome is consistent with the individual’s employment factors;

(2) The plan to reach the goal is feasible;

(3) Services are required to reach the employment outcome;

(4) Services are cost effective; and

(5) NHVR policies and procedures are followed.

(c) If the IPE development is approved, NHVR shall prepare an original IPE as referenced in Ed 1008.10(c) or revised IPE as described in Ed 1008.12(b).

(d) Supervisory approval shall be required on the IPE if the IPE:

(1) Is developed by a NHVR counselor I;

(2) Includes services that require supervisory approval such as, but not limited to:

a. Graduate school training; or

b. Plans for self-employment; or

(3) Requires supervisory approval based on a plan for supervision.

(e) If no supervisory approval was required, or if supervisory approval was granted, the following shall apply:

(1) The forms for an original IPE pursuant to Ed 1008.10(c) or a revised IPE pursuant to Ed 1008.12(b) shall be signed by the counselor and supervisor, as required;

(2) The individual shall be provided with a copy of all signed forms; and

(3) The forms shall be signed before the initiation of services, except in an emergency situation where the NHVR counselor determined a delay in obtaining a signature would cause

a significant delay in services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1008.14 Record of Services {#sec-ed-1008.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1008.14}

The NHVR shall maintain for each applicant and eligible individual a record of services that complies with the provisions of 34 CFR 361.47.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1009 Order of Selection

N.H. Code Admin. R. Ann. Ed 1009.01 Determination, Establishment, and Implementation {#sec-ed-1009.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1009.01}

The provisions under 34 CFR 361.36 shall be used to determine the ability to serve all eligible individuals or an order of selection in addition to the following:

(a) NHVR shall comply with the provisions of 34 CFR 361.36 to either:

(1) Provide the full range of vocational rehabilitation services listed in 29 U.S.C. 723(a), as appropriate, to all eligible individuals; or

(2) In the event that vocational rehabilitation services cannot be provided to all eligible individuals who apply for the services, implement the order of selection established in (e) below in selecting eligible individuals to be provided vocational rehabilitation services;

(b) The NHVR shall consult with the state rehabilitation council established under 34 CFR 361.16 and meeting the requirements of 34 CFR 361.17 regarding the:

(1) Need to establish an order of selection;

(2) Priority categories of the particular order of selection;

(3) Criteria for determining individuals with the most significant disabilities; and

(4) Administration of the order of selection;

(c) If the NHVR determines that it does not need to establish an order of selection, the NHVR shall reevaluate this determination in accordance with 34 CFR 361.36(b)(2);

(d) If NHVR establishes an order of selection, but determines that it does not need to implement that order at the beginning of the fiscal year, NHVR shall continue to meet the requirements of Ed 1009.01(c). If the NHVR does not continue to meet the requirements of Ed 1009.01(c) it shall implement the order of selection by closing one or more priority categories;

(e) If, in accordance with 34 CFR 361.36, the NHVR determines that it is unable to provide the full range of services to all eligible individuals, the NHVR shall implement an order of selection for eligible individuals according to the following priority categories:

(1) Priority one shall include individuals determined eligible for services prior to the effective date of the implementation of the order of selection in accordance with 34 CFR 361.36(e)(3)(i), and individuals determined eligible for services after the effective date of the implementation of the order of selection and who are individuals with a most significant disability;

(2) Priority 2 shall include individuals with a significant disability; and

(3) Priority 3 shall include all other eligible individuals who do not have a significant disability;

(f) NHVR shall provide services to individuals who require specific services or equipment to maintain employment; and

(g) NHVR shall continue to provide pre-employment transition services to students with disabilities who were receiving such services prior to being determined eligible for vocational rehabilitation services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1009.02 Referring Individuals Under an Order of Selection {#sec-ed-1009.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1009.02}

The NHVR shall comply with 34 CFR 361.37 to implement an information and referral system adequate to ensure that individuals with disabilities, including eligible individuals who do not meet the NHVR's order of selection criteria for receiving vocational rehabilitation services if the NHVR is operating on an order of selection, shall be provided accurate vocational rehabilitation information and referral guidance.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1010 Comparable Services and Benefits

N.H. Code Admin. R. Ann. Ed 1010.01 Comparable Services and Benefits {#sec-ed-1010.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1010.01}

(a) NHVR shall comply with the provisions of 34 CFR 361.53 in the determination and use of comparable services and benefits.

(b) Comparable benefits and services shall be:

(1) Provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;

(2) Available to the individual at the time needed to achieve the intermediate objectives in the IPE; and

(3) Commensurate to the services that the individual would otherwise receive from NHVR.

(c) NHVR shall determine whether comparable benefits and services are available to an individual prior to paying for all vocational rehabilitation services, excluding only those services and circumstances listed as exceptions in (g) below. NHVR staff and participants shall seek comparable benefits and services in order to maximize the vocational rehabilitation resources available to individuals with disabilities. If an individual refuses to apply for or accept available comparable benefits, NHVR funds shall not be used instead of, or to replace, comparable benefits.

(d) Prior to initiating comparable benefits and services, the NHVR staff shall determine the following:

(1) Whether the determination of the availability of comparable services and benefits would delay services to an individual who is at extreme medical risk, as determined by an appropriate licensed medical professional; and

(2) Whether an immediate job placement would be lost due to a delay in the provision of such comparable benefits.

(e) When comparable benefits or services are available, they shall be used prior to using NHVR funds or services.

(f) When comparable benefits or services are unavailable or if an individual is required to initiate a new application to another program, NHVR funds shall not be used in the interim except when in the judgment of NHVR staff in consultation with the individual, waiting for benefits would prevent the individual from achieving the intermediate objectives of the IPE.

(g) Comparable benefits shall not be required for the following exempt services:

(1) Assessment services to determine eligibility and vocational rehabilitation needs;

(2) Counseling and guidance, including information and support services to assist an individual exercising informed choice;

(3) Referral and other services to secure needed services from other agencies;

(4) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

(5) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices; and

(6) Post-employment services as noted above in (1) through (5).

(h) If an individual is in default of a student loan, financial aid, including a Pell grant, shall not be available to the individual. NHVR shall be prohibited from paying for any training or related services at a post-secondary program eligible for a Pell grant, including, but not limited to, colleges and business and trade schools, for an individual who owes a refund on a Pell Grant or is in default of a student loan, unless the individual makes maximum effort to resolve the default. Maximum effort shall mean that the individual has a repayment plan, or documented correspondence attempting to set up a repayment plan, with the lending institution or grantor.

(i) When making a determination of whether to secure comparable benefits prior to using vocational rehabilitation funds, counselors shall:

(1) Acquire at least general knowledge about the nature of services available from other sources, their eligibility criteria, and the application and appeals process;

(2) Explore with the individual all possible sources of comparable benefits and assess, through discussion with the participant, the appropriateness of pursuing specific benefits or services and the availability of such benefits;

(3) Document in the case record the participant’s application for benefits or the reasons NHVR funds are being used in place of benefits; and

(4) Monitor the application of benefits and assist the individual, if necessary.

(j) Individuals shall also exercise initiative in exploring the availability of and in securing the comparable benefits available to them, as appropriate to their disability by:

(1) Applying in a timely manner for all comparable benefits and services which are appropriate, with counselor assistance if necessary;

(2) Accepting and use comparable benefits and services when available; and

(3) Informing the NHVR counselor of the status of any application and the receipt of denial of any comparable benefit.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1011 Participation of Individuals in Cost of Services Based on Financial Need

N.H. Code Admin. R. Ann. Ed 1011.01 Financial Needs Assessment {#sec-ed-1011.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1011.01}

(a) NHVR shall consider the financial need of eligible individuals who are planned to receive services that require a financial needs assessment pursuant to (f) below. The financial needs assessment shall be used for determining the extent of the individual’s participation in the costs of vocational rehabilitation services.

(b) Although eligible individuals shall require a financial needs assessment, the services listed in (g) below shall not require a financial needs assessment.

(c) There shall be a shared responsibility between the eligible individual and the NHVR counselor in determining financial need as follows:

(1) The eligible individual shall be responsible for providing their complete and accurate personal and household financial information to the NHVR counselor, including, but not limited to:

a. Most recent federal tax return;

b. SSI/SSDI award letter;

c. Public assistance budget; and

d. Most recent pay stubs; and

(2) Pursuant to Ed 1003, the NHVR counselor shall obtain, document, maintain, and safeguard the personal and household financial information required to review the individual’s financial need and to calculate the extent of their participation in the cost of services.

(d) A financial needs assessment shall be completed at least annually. A financial needs assessment shall also be conducted if there is a significant change in the eligible individual’s financial situation and they are receiving a financial need-based service.

(e) The financial needs assessment shall:

(1) Be applied uniformly to eligible individuals; and

(2) Explain the method for determining the financial need of an eligible individual as follows:

a. The method shall be a review of the person’s financial status; and

b. The method shall compare income and resources to determine the amount of monthly resources that shall be utilized for specific vocational rehabilitation services.

(f) The following services shall not be provided until the participant has been determined to meet financial need and available resources have been applied toward the cost:

(1) All training services at college and vocational training programs, including, but not limited to, tuition, room and board, required fees, and required textbooks and materials;

(2) Physical and mental restoration;

(3) Vocational and other training services;

(4) Maintenance;

(5) Driver training;

(6) Transportation, except during evaluation, special transportation, when used for the provision of pre-employment training services, and transportation to attend an administrative review or impartial hearing;

(7) Vocational rehabilitation services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome;

(8) Supported employment services;

(9) Post-employment services;

(10) Occupational and business licenses, tools, equipment, initial stocks, and supplies;

(11) Goods, inventory, equipment, and supplies for self-employment;

(12) Rehabilitation technology, including vehicle modification, telecommunications, sensory, and other technological aids and devices;

(13) Modifications to homes, vehicles, and worksites;

(14) Transition services;

(15) Technical assistance and other consultation services to conduct market analyses, develop business plans and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self- employment; and

(16) All other goods and services not exempt under (g) below.

(g) The NHVR shall not require a financial needs assessment or require the financial participation of the individual for any of the services listed in 34 CFR 361.54(c)(3)(i).

(h) The provisions of comparability pursuant to Ed 1010 shall apply to the services listed in (f) above.

(i) Eligible individuals shall be exempt from a financial needs assessment who:

(1) Receive public benefits, including, but not limited to:

a. TANF; and

b. Aid to the permanently and totally disabled (APTD); and

(2) Receive SSI or SSDI pursuant to Ed 1006.01(b)(2).

(j) Eligible individuals in accordance with (i)(1) above shall be determined to meet NHVR’s financial need and shall be exempt from a financial needs assessment except that NHVR shall provide funding for financial need-based services after all comparable benefits have first been applied.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1012 Standards for Providers of Services

N.H. Code Admin. R. Ann. Ed 1012.01 Standards for Facilities and Providers of Services {#sec-ed-1012.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1012.01}

The NHVR shall comply with the provisions of 34 CFR 361.51 regarding the standards for facilities and providers of services including accessibility of facilities, affirmative action, and special communication needs personnel.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1013 Informed Choice

N.H. Code Admin. R. Ann. Ed 1013.01 Informed Choice {#sec-ed-1013.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1013.01}

The NHVR shall comply with the provisions of 34 CFR 361.52 to assist applicants and recipients of services in exercising informed choice throughout the rehabilitation process.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1014 Semi-Annual and Annual Review

N.H. Code Admin. R. Ann. Ed 1014.01 Semi-Annual and Annual Review {#sec-ed-1014.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1014.01}

The NHVR shall comply with the provisions of 34 CFR 361.55 and Ed 1008.11 when conducting semi-annual and annual reviews.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1015 Requirements for Closing the Record of Services of an Individual Who Has Achieved an Employment Outcome

N.H. Code Admin. R. Ann. Ed 1015.01 Closing the Record of Services {#sec-ed-1015.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1015.01}

The record of services of an individual who has achieved an employment outcome shall be closed only if all the requirements of 34 CFR 361.56 are met to include employment outcome achieved, employment outcome maintained, satisfactory outcome, and post-employment services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1016 Supported Employment Services Program

N.H. Code Admin. R. Ann. Ed 1016.01 Purpose {#sec-ed-1016.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.01}

The purpose of Ed 1016 is to develop and implement a collaborative program with appropriate entities, consistent with state and federal law, to provide a program of supported employment services for individuals with the most significant disabilities who require supported employment services to enter or retain competitive employment.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.02 Definitions {#sec-ed-1016.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.02}

Except where the context makes another meaning manifest, terms incorporated in 34 CFR 363.6 and used in Ed 1016 shall have the same meaning.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.03 Eligibility for Services {#sec-ed-1016.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.03}

In order to be considered for services under the state supported employment services program, an individual shall:

(a) Be eligible for vocational rehabilitation services in accordance with the provisions of 34 CFR 361.42 and Ed 1006;

(b) Be an individual with the most significant disabilities pursuant to Ed 1007; and

(c) Have supported employment identified as the appropriate rehabilitation objective for the individual on the basis of a comprehensive assessment of rehabilitation needs, including an evaluation of rehabilitation, career, and job needs.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.04 Authorized Activities {#sec-ed-1016.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.04}

Activities authorized by the state supported employment services program shall include the following:

(a) A particularized assessment that is needed to supplement the assessment for determining eligibility and vocational rehabilitation needs done under 34 CFR 361.42 and that is provided after the development of the IPE in accordance with 34 CFR 363.4(a);

(b) Development of and placement in jobs for individuals with the most significant disabilities; and

(c) Supported employment services that are needed to support individuals with the most significant disabilities in employment including but not be limited to the following:

(1) Intensive on-the-job skills training and other training provided by skilled job trainers, co-workers, and other qualified individuals, and other services specified in the Act, in order to achieve and maintain job stability;

(2) Follow-up services, including regular contact with employers, trainees with the most significant disabilities, parents, guardians or other representatives of trainees, and other suitable professional and informed advisors in order to reinforce and stabilize the job placement; and

(3) Discrete post-employment services following transition that are unavailable from an extended services provider and that are necessary to maintain the job placement, such as job station redesign, repair and maintenance of assistive technology, and replacement of prosthetic and orthotic devices.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.05 Developing Collaborative Agreements {#sec-ed-1016.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.05}

(a) The NHVR shall enter into one or more written cooperative agreements or memoranda of understanding with other state agencies, private nonprofit organizations, and other available funding sources to ensure collaboration in a plan to provide supported employment services and extended services to individuals with the most significant disabilities.

(b) A cooperative agreement or memorandum of understanding shall, at a minimum, specify the following:

(1) The supported employment services to be provided by the NHVR with funds received under a federal grant for the state supported employment services program;

(2) The extended services to be provided by state agencies, private nonprofit organizations, or other sources following the cessation of supported employment services under Ed 1016;

(3) The estimated funds to be expended by the participating party or parties in implementing the agreement or memorandum; and

(4) The projected number of individuals with the most significant disabilities who will receive supported employment services and extended services under the agreement or memorandum.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.06 Information Collection and Reporting Requirements {#sec-ed-1016.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.06}

(a) The NHVR shall collect and report information as required under the Act, for each individual with the most significant disabilities served under the supported employment services program.

(b) The NHVR shall collect and report separately information for:

(1) Supported employment clients served under the supported employment services program; and

(2) Supported employment clients served under Ed 1010.15 and Ed 1010.16.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.07 Coordinating Services and Activities {#sec-ed-1016.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.07}

The NHVR shall coordinate the services provided to an individual under Ed 1015 and under Ed 1010.15 and Ed 1010.16 to ensure that the services are complementary and not duplicative.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.08 Transition of an Individual to Extended Services {#sec-ed-1016.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.08}

The NHVR shall provide for the transition of an individual with the most significant disabilities to extended services no later than 18 months after placement in supported employment, unless a longer period is established in the IPE, and only if the individual has made substantial progress toward meeting the hours-per-week work goal identified in the IPE, the individual is stabilized in the job, and extended services are available and can be provided without a hiatus in services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.09 Requirements for Successfully Rehabilitating an Individual in Supported Employment {#sec-ed-1016.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.09}

An individual with the most significant disabilities who is receiving supported employment services shall be considered to be successfully rehabilitated if the individual maintains a supported employment placement for 90 days after making the transition to extended services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1016.10 Client Assistance Program {#sec-ed-1016.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1016.10}

In accordance with the informed provisions of Ed 1013 the NHVR shall inform applicants and recipients, or as appropriate, the parents, family members, guardians, advocates, or authorized representatives of those individuals, of the availability and purposes of the client assistance program (CAP) established in New Hampshire under the Act, including information on seeking assistance from that program.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1017 General Provisions for Independent Living Services Program and Centers for Independent Living Program

N.H. Code Admin. R. Ann. Ed 1017.01 Purpose {#sec-ed-1017.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.01}

The purpose of Ed 1017 is to provide uniform application of 45 CFR 1329 regarding state independent living services and centers for independent living.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.02 Definitions {#sec-ed-1017.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.02}

Except where the context makes another meaning manifest, the terms defined in 45 CFR 1329.4 and 34 CFR 77.1 have the meaning indicated when used in Ed 1016.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.03 Requirements for Processing Referrals and Applications {#sec-ed-1017.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.03}

The service provider shall adhere to the requirements of Ed 1004 for referrals and applications for IL services from individuals with significant disabilities.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.04 Requirements for Determining Eligibility {#sec-ed-1017.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.04}

(a) Before or at the same time that an applicant for IL services begins receiving IL services funded under Ed 1017, the service provider shall determine the applicant's eligibility and maintain documentation that the applicant has met the basic requirements specified in 29 USC 796b. relative to assuring that any individual with a significant disability is eligible to receive IL services.

(b) The documentation for eligibility shall be dated and signed by a staff member of the service provider.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.05 Requirements for Determining Ineligibility {#sec-ed-1017.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.05}

(a) If a determination is made that an applicant for IL services is not an individual with a significant disability, the service provider shall provide documentation of the ineligibility determination which shall be dated and signed by a staff member.

(b) The service provider shall determine an applicant to be ineligible for IL services only after full consultation with the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for this consultation.

(c) The service provider shall notify the applicant in writing of the action taken for the ineligibility determination and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken.

(d) The service provider shall provide a detailed explanation of the availability and purposes of the CAP established in New Hampshire under the Act, including information on how to contact the program.

(e) If the service provider determines that the applicant can benefit from services other than IL, the service provider shall refer the applicant to other agencies and facilities, including the NHVR.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.06 Review of Ineligibility Determination {#sec-ed-1017.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.06}

(a) If an applicant for IL services is found ineligible, the service provider shall review the applicant's ineligibility at least once within 12 months after the ineligibility determination was made and whenever the service provider determines that the applicant's status has materially changed.

(b) The review shall not be conducted in situations where the applicant has refused the review, no longer resides in New Hampshire, or their location is unknown.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.07 Requirements for an Independent Living Plan {#sec-ed-1017.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.07}

(a) Unless the individual signs a waiver in accordance with Ed 1017.07(b), the service provider, in collaboration with the individual with a significant disability, shall develop and periodically review an IL plan for the individual in accordance with the requirements in Ed 1017.08 through Ed 1017.11.

(b) The requirements of Ed 1017.07 with respect to an IL plan shall not apply if the individual knowingly and voluntarily signs a waiver stating that an IL plan is unnecessary.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.08 Initiation and Development of an Independent Living Plan {#sec-ed-1017.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.08}

(a) Development of an individual's IL plan shall be initiated after documentation of eligibility under Ed 1017.04(a) and shall indicate the goals or objectives established, the services to be provided, and the anticipated duration of the service program and each component service.

(b) The IL plan shall be jointly developed and signed by a staff member of the service provider and the individual with a significant disability or, if the individual chooses, by the individual's guardian, parent, or other legally authorized advocate or representative.

(c) A copy of the IL plan, and any amendments, shall be provided in an accessible format to the individual with a significant disability that uses appropriate modes of communication consistent with the informed choice of the individual.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.09 Review {#sec-ed-1017.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.09}

(a) The IL plan shall be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under Ed 1010.15 and Ed 1010.16 or to any other program of assistance.

(b) Each individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative, shall be given an opportunity to review the IL plan and, if necessary, jointly redevelop and agree by signature to its terms.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.10 Coordination with Vocational Rehabilitation, Developmental Disabilities, and Special Education Programs {#sec-ed-1017.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.10}

The development of the IL plan and the provision of IL services shall be coordinated to the maximum extent possible with any individualized:

(a) Written rehabilitation program for vocational rehabilitation services for that individual;

(b) Habilitation program for the individual prepared under the Developmental Disabilities Assistance and Bill of Rights Act, 42 USC 15001; and

(c) Education program for the individual prepared under part B of the Individuals with Disabilities Education Act 20 USC 1440, et seq., as implemented by 34 CFR 300 and 303.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.11 Termination of Services {#sec-ed-1017.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.11}

If the service provider intends to terminate services to an individual receiving IL services under an IL plan, the service provider shall follow the procedures in Ed 1017.05(c)-(e) and Ed 1017.06.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.12 Maintaining Records for the Individual {#sec-ed-1017.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.12}

(a) For each applicant for IL services other than information and referral and for each individual receiving IL services other than information and referral, the service provider shall maintain a service record that includes:

(1) Documentation concerning eligibility or ineligibility for services;

(2) The services requested by the applicant or individual;

(3) Either the IL plan developed with the applicant or individual or a waiver signed by the applicant or individual stating that an IL plan is unnecessary;

(4) The services actually provided to the applicant or individual; and

(5) The IL goals or objectives:

a. Established with the applicant or individual, whether or not in the applicant’s or individual’s IL plan; and

b. Achieved by the applicant or individual.

(b) A service record for an applicant and an individual shall be maintained either electronically or in written form, except that the IL plan and waiver shall be in writing.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.13 Durational Limitations on Independent Living Services {#sec-ed-1017.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.13}

The service provider shall not impose any uniform durational limitations on the provision of IL services, except as otherwise provided by federal law or regulation.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.14 Standards for Service Providers {#sec-ed-1017.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.14}

In providing IL services to individuals with significant disabilities, service providers shall comply with:

(a) The written standards for IL service providers established by the NHVR pursuant to Ed 1017; and

(b) All applicable state or federal licensure or certification requirements.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.15 Personally Identifiable Information (PII) {#sec-ed-1017.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.15}

Personally identifiable information (PII) and other personal information and data shall be collected and shared pursuant to the provisions of Ed 1003.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1017.16 Review Procedures Available to Individuals {#sec-ed-1017.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 1017.16}

(a) The review procedures in Ed 1021 shall be available to an individual to request and receive a timely review of any adverse decision made by the service provider concerning the individual's request for IL services or the provision of IL services to the individual.

(b) Each service provider shall inform each individual who seeks or is receiving IL services from the service provider about the review procedures required by Ed 1017.16(a). The information about the review procedures shall be in an accessible format that uses appropriate modes of communication consistent with the informed choice of the individual.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1018.01 Purpose {#sec-ed-1018.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1018.01}

The purpose of the independent living services for older individuals who are blind program is to support projects that:

(a) Provide any of the IL services as described in 34 CFR 367.3(b);

(b) Conduct activities that will improve or expand services for older individuals who are blind; and

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1018.02 Definitions {#sec-ed-1018.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1018.02}

Except where the context makes another meaning clear, the terms defined in 34 CFR 367.5 shall have the same meaning in Ed 1018.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

For the purposes of Ed 1018.01(a), IL services for older individuals who are blind shall include:

(a) Services to help correct blindness including:

(1) Outreach services;

(2) Visual screening;

(3) Surgical or therapeutic treatment to prevent, correct, or modify disabling eye conditions; and

(4) Hospitalization related to these services;

(b) The provision of eyeglasses and other visual aids;

(d) Mobility training, Braille instruction, and other services and equipment to help an older individual who is blind adjust to blindness;

(e) Guide services, reader services, and transportation;

(f) Any other appropriate service designed to assist an older individual who is blind in coping with daily living activities, including supportive services and rehabilitation teaching services;

(g) IL skills training, information and referral services, peer counseling, and individual advocacy training; and

(h) Other IL services as defined in the Act, 29 USC 707(30), and as listed in 34 CFR 365.22.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1018.04 Administering the Program {#sec-ed-1018.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1018.04}

(a) The NHVR shall administer the program in Ed 1018 in order to carry out the purposes listed in Ed 1018.01 either directly or through:

(1) Grants to public or private nonprofit agencies or organizations; or

(2) Contracts with individuals, entities, or organizations that are not public or private nonprofit agencies or organizations.

(b) Notwithstanding Ed 1018.04(a), the NHVR may enter into assistance contracts with public or private nonprofit agencies or organizations by following the requirements in 34 CFR 366.32(e).

(c) Notwithstanding Ed 1018.04(a), the NHVR shall not enter into procurement contracts with public or private nonprofit agencies or organizations, as provided in 34 CFR 366.32(f).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1019 New Hampshire Business Enterprise Program

N.H. Code Admin. R. Ann. Ed 1019.01 Purpose {#sec-ed-1019.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.01}

The purpose of the New Hampshire Business Enterprise Program (BEP) is to provide blind persons with remunerative employment, enlarge the economic opportunities for the blind, and stimulate the blind to strive to make them self-supporting. The department, through the BEP of the office of services for blind and visually impaired, (SBVI) shall be the state licensing agency (SLA) for legally blind individuals who operate food and vending service facilities on federal, state, and other properties.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.02 Authority {#sec-ed-1019.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.02}

The implementation of agreed-upon policies, standards, and procedures affecting the overall operation of the vending facilities program shall be subject to review by the committee, as defined in Ed 1019.03(g). SBVI shall have final authority and responsibility for the administration and operation of the vending facilities program.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.03 Definitions {#sec-ed-1019.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.03}

Except where the context makes another meaning manifest, the terms defined in 34 CFR 395.1, Ed 1002.01, and Ed 1109 shall have the same meanings in addition to the following terms:

(a) “Active participation” means an ongoing process of negotiations between SBVI and the committee to achieve joint planning and approval of program policies, standards, and procedures affecting the overall operation of the vending facilities program, prior to their implementation by SBVI;

(b) “Business enterprise program (BEP)” means the New Hampshire business enterprise program in the department of education;

(d) “Manager” means an individual who is legally blind who is licensed to operate a vending facility on federal or other property;

(e) “Roster” means a list of all qualified candidates who have successfully completed all BEP training requirements and are eligible and awaiting assignment to a vacant vending facility;

(f) “Services for blind and vision impaired (SBVI)” means “Blind Services” as defined in RSA 186-B:10-II; and

(g) “State committee of licensed managers (the committee)” means an officially constituted body within state government, functioning as an integral part of the state's BEP. The committee shall be consist of all licensed managers and shall carry out its duties in accordance with 34 C.F.R. 395.14.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.04 Issuance of Vending Facility Manager Licenses {#sec-ed-1019.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.04}

(a) SBVI shall issue licenses only to a candidate who is:

(1) A citizen of the United States;

(2) Legally blind as defined in Ed 1019.03(b); and

(3) Qualified to operate a vending facility by evidence of having successfully completed training prescribed by SBVI or by virtue of demonstrated experience.

(b) Preference shall be given to qualified candidates who:

(1) Are in need of employment; and

(2) Are residents of the state of New Hampshire.

(c) Candidates, who have satisfactorily completed the training and probationary period described in Ed 1019.05 and Ed 1019.06, shall be issued a manager license.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.05 Training Program and Probationary Period {#sec-ed-1019.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.05}

(a) All manager candidates shall complete a training program developed by SBVI.

(b) In selecting a candidate who is deemed appropriate to enter the BEP training program, SBVI shall focus on the candidates' individual skills, abilities, and personal qualifications especially suited to the operation of a vending facility as determined by materials submitted by the candidate, NHVR counselor, or both, including but not limited to evaluation reports, educational background, work experience, and resumes.

(c) SBVI shall document that the candidate possesses the necessary skills to function as an independent blind person and the aptitude to be a successful business owner.

(d) The candidate shall meet with the committee chair and administrator of SBVI during the initial interview phase of the acceptance process.

(e) After considering all available information including the interview and recommendation of the committee chair, the administrator shall make the decision as to whether or not to accept the candidate into the training.

(f) Training shall be developed by SBVI with the active participation of the committee.

(g) Training shall consist of a standardized training curriculum combined with on-the-job training in areas including, but not be limited to:

(1) Health and sanitation;

(2) Customer service;

(3) Vending management;

(4) Café management;

(5) Marketing;

(6) Human resources;

(7) Business processes;

(8) Accounting;

(9) Randolph-Sheppard Act; and

(10) State rules and regulations.

(h) Candidates who have been accepted and have satisfactorily completed the training prescribed by SBVI shall be placed on a roster.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.06 Probationary Candidates (Individuals on the Roster) {#sec-ed-1019.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.06}

(a) When a location becomes available for bid, an individual on the roster may bid along with the licensed managers.

(b) A candidate from the roster who is awarded a first location shall serve a probationary period not to exceed 6 months.

(c) At the end of the probationary period, a candidate who is acceptable to SBVI and wishes to remain in the program shall be issued a license based on the following criteria:

(1) The candidate receives satisfactory evaluation reports as acknowledged by SBVI, and these reports have been reviewed with the NHVR counselor if applicable and the committee chair; and

(2) The evaluation reports attest that the candidate effectively demonstrates the ability to:

a. Provide good customer service;

b. Maintain proper food service sanitation standards;

c. Understand the principles of:

Product inventory control;
Daily cash control;
Banking procedures;
Proper licensing procedures; and
Submission of city, state and federal taxes; and

d. Maintain the required monthly profit and loss reports.

(d) A candidate whose performance is not acceptable to SBVI shall not be licensed by SBVI and shall be removed from the program when the candidate fails to meet the criteria listed in Ed 1019.06(c) during the training or the probationary periods.

(e) Licenses shall be issued to the manager by SBVI for an indefinite period and shall be subject to termination as provided in Ed 1019.14 and Ed 1019.15.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.07 Transfers and Promotions of Licensed Managers {#sec-ed-1019.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.07}

(a) When a location becomes available for bid, the vacancy shall be announced to all licensed managers and individuals on the roster.

(b) When an opportunity to bid on a location is announced, a manager may bid or not bid without prejudice to future consideration of a subsequent bid by the potential applicant.

(c) A manager shall be informed of additional requirements of a particular property management, including, but not limited to, security clearance background checks and drug screenings, and shall agree to the additional requirements as a condition of being assigned.

(d) Any manager who is in probationary status as outlined in Ed 1019.06(b), has not completed the continuing education requirements set forth in Ed 1019.18, or is delinquent with respect to filing any reports or had any indebtedness to the BEP or the state of New Hampshire at the time of the vacancy announcement shall not be permitted to bid for the vacancy.

(e) A selection committee shall be convened by the administrator of SBVI when new opportunities become available for promotion or transfer. The selections committee shall include a representative of the state committee of licensed managers assigned by the chair or co-chairs, the BEP coordinator, and a SBVI representative appointed by the SBVI administrator.

(f) The selection committee shall interview all candidates who submit a bid and score the candidates using the following criteria:

(1) Record of performance for the past 2 years;

(2) The manager’s plan for the new business including a business plan if applicable;

(3) Responses to interview questions; and

(4) Personal appearance, demeanor, and attitude.

(g) After considering all criteria, each review committee member shall award points to the candidates as follows:

(1) First choice, 3 points;

(2) Second choice, 2 points; and

(3) Third choice, 1 point.

(h) The BEP coordinator shall total up the points, and the candidate with the most points shall be awarded the facility. In the event of a tie, the candidate with the most seniority shall be awarded the facility.

(i) When experience has proven that a manager, who SBVI has determined is committed to the successful operation of their vending facility, is assigned to a location or locations beyond the manager’s capacities, the manager shall be given opportunities for training. Except that if the training does not result in improved performance, an assignment to a location commensurate with the manager’s ability shall be made. If no such facility is available, the manager’s name shall be placed on the roster.

(j) A manager shall not be assigned to a facility of lesser income or convenient location without an explanation and an evidentiary hearing if requested by the manager.

(k) If no qualified manager has submitted a bid on a vacant vending facility, BEP, with active participation of the committee shall:

(1) Assign the vending facility on a temporary basis to a licensed manager assigned to another vending facility;

(2) Enter into a third-party agreement with a private entity with the commissions being used in accordance with any state or federal regulations to perpetuate the BEP. Such agreements shall not exceed one year and are subject to renewal if no manager is still available to manage the vending facility; or

(3) Permanently attach the vending facility to another vending facility being managed by a licensed manager if it is evident that the location will never sustain a manager nor will there be an opportunity in the foreseeable future to use the location when creating a vending route.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.08 Teaming Arrangements {#sec-ed-1019.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.08}

A manager shall enter into a teaming arrangement with a private vendor only when the following criteria are met:

(a) The manager has made a qualified bid on the location in response to a bid notification by SBVI;

(b) The manager demonstrated his or her active role in the day-to-day operation of the business as the person responsible for all reports and accountabilities under applicable federal and state laws and regulations;

(c) The financial arrangements are acceptable to the program and not less than the manager could make if managed independently; and

(d) The written agreement was reviewed and approved by the program.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.09 Vending Routes {#sec-ed-1019.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.09}

(a) Individual vending routes shall be established by the program when deemed appropriate by SBVI, and only when accepted by the state committee of licensed managers by a simple majority vote.

(b) Once a vending route is established it shall remain an intact route. When the manager no longer wishes to, or cannot, serve one or more of the locations on the established vending route, the vending route as a whole shall go out to bid as a single vending location.

(c) Altering the composition of a vending route requires the submission of a written proposal which shall be jointly approved by the program and the state committee of licensed managers.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.10 Maintenance and Replacement of Equipment {#sec-ed-1019.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.10}

(a) SBVI shall be responsible for repair and maintenance of equipment for the first 4 months after such equipment is furnished to the vending facilities when:

(1) A new manager begins operating a vending facility;

(2) A manager transfers to a different vending facility; or

(3) A manager adds a new vending facility.

(b) After the initial 4-month period referenced in (a) above, the manager shall be assessed a $100 deductible on each repair call in accordance with 34 CFR 395.8(c) and 34 CFR 395.9(c).

(c) SBVI shall replace a piece of equipment based upon funds available if it is deemed to be more cost effective to replace, and the manager has called in a repair.

(d) If SBVI becomes aware of malfunctioning equipment and the manager has not called in a repair, SBVI shall repair and maintain, or cause to be repaired and maintained, any equipment in need of repair and maintenance in order to keep the facility operable and in an attractive condition, and the manager shall be assessed the full amount of the repair charge.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.11 Setting Aside of Funds {#sec-ed-1019.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.11}

(a) In accordance with 34 CFR 395.8(c) and 34 CFR 395.9(c), SBVI shall set aside funds from the net proceeds of the operation of vending facilities and vending machine income to the extent necessary for the following purposes:

(1) Maintenance and replacement of equipment;

(2) Purchase of new or replacement equipment;

(3) Management services as defined in Ed 34 CFR 395.1(j), including training and continuing education for managers;

(4) Retirement and pension funds, health insurance contributions, paid sick leave and vacation time if it is determined by a majority vote of the managers licensed by SBVI to contribute and use funds set aside for these purposes after SBVI provides each manager information on all matters relevant to such funds; and

(5) The establishment of a fair minimum return.

(b) The charge for each purpose listed in Ed 1019.11(a) shall be determined by SBVI with the active participation of the state committee of licensed managers and shall be designed to prevent, so far as is practicable, a greater charge than is reasonably required. SBVI shall maintain adequate records to support the reasonableness of the charges, including any reserves necessary to assure that these purposes can be achieved on a consistent basis.

(1) Be assessed monthly; and

(2) Be a percentage of net proceeds of the monthly profit and loss statement provided that:

a. The manager has net proceeds before set aside of over $1,700 for that month; and

b. Either:

The set aside charge does not reduce the net proceeds below $1,700; or
In order to assure a fair minimum return to managers, any set aside assessment which lowers a manager’s net proceeds below $1,700 for that month shall be reduced by the amount required to raise the net proceeds to $1,700.

(d) The percentage in Ed 1019.11(c) shall be a percentage of net proceeds and shall be reviewed every 2 years by SBVI with the active participation of the committee of licensed managers. The new percentage shall be set utilizing the running average balance of the set aside account over the previous 2-year period, the Consumer Price Index, and projected needs.

(e) If the set aside percentage is changed, SBVI shall submit the change to the secretary of the committee for approval prior to implementation.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.12 Distribution and Use of Income from Vending Machines on Federal Property {#sec-ed-1019.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.12}

(a) Vending machine income from vending machines on federal property which has been disbursed to SBVI by a property managing department, agency, or instrumentality of the United States under 34 CFR 395.32 shall:

(1) Accrue to each manager operating a vending facility on such federal property in New Hampshire in an amount not to exceed the average net income of the total number of manager within the state, as determined each fiscal year on the basis of each prior year's operation; and

(2) Not accrue to any manager in any amount exceeding the average net income of the total number of managers in the United States.

(b) No manager shall receive less vending machine income than a manager was receiving during the calendar year prior to January 1, 1974, as a direct result of any limitation imposed on such income under Ed 1019.12 as provided in 34 CFR 395.8(a).

(c) No limitation shall be imposed on income from vending machines, combined to create a vending facility, when the facility is maintained, serviced, or operated by a manager.

(d) Vending machine income disbursed by a property managing department, agency, or instrumentality of the United States to SBVI in excess of the amounts eligible to accrue to managers in accordance with Ed 1019.12 shall be retained by SBVI.

(e) SBVI shall disburse vending machine income to managers within the state on at least a quarterly basis.

(f) Vending machine income which is retained by SBVI under Ed 1019.12 shall be used for:

(1) The establishment and maintenance of retirement or pension plans;

(2) Health insurance contributions; and

(3) The provision of paid sick leave and vacation time for managers, if it is so determined by a majority vote of managers licensed by SBVI, after SBVI has provided to each manager information on all matters relevant to such purposes.

(g) Any vending machine income not necessary for the purposes in Ed 1019.12(f) shall be used by SBVI for maintenance and replacement of equipment, purchase of new equipment, management services, and assuring a fair minimum return to managers. Any amounts used for these purposes shall require a reduction set aside in an equal amount on a pro rata basis.

(h) If SBVI determines that a vending location is not suitable for a blind manager, SBVI shall arrange vending services through a third party. Income that accrues to SBVI as a result shall be used to:

(1) Purchase new equipment;

(2) Replace equipment as needed;

(3) Purchase merchandise inventory;

(4) Provide training for managers; or

(5) Establish retirement, health insurance, vacation, or sick pay plans.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.13 Operating Agreement Between SBVI and Manager {#sec-ed-1019.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.13}

(a) Before assuming management of one or more vending facilities, a manager shall enter into an operating agreement with SBVI. The operating agreement shall set forth the terms and conditions and state the responsibilities of both the manager and SBVI.

(b) The agreement shall include:

(1) The manager’s name;

(2) The vending facility name and location;

(3) The hours of operation for the vending facility;

(4) The articles to be sold at the vending facility;

(5) The insurance requirements for the vending facility;

(6) The financial records that must be kept by the manager; and

(7) The rights and obligations of the manager and SBVI relative to assignments, subcontracts, and default.

(c) The agreement shall contain, but not be limited, to the following items adapted to the individual conditions applying to the specific location:

(1) The duties of the manager and the performance of such duties in accordance with the following:

a. SBVI rules, policies, and standards developed with the active participation of the state committee of managers;

b. Applicable health laws and regulations;

c. Terms of the permit granted by, or the contract entered into with, the federal or other agency or organization in control of the site of the vending facility; and

d. Security clearance requirements for the vending facility such as the process to obtain access cards. This may include background checks and security clearance applications for the manager and their employees or partners. If a licensed manager cannot receive clearance for a particular location, the location shall be released from the manager and put out to bid, unless the manager had not assumed management of the facility and there is an opportunity to award it to the next highest ranked candidate pursuant to Ed 1019.07;

(2) The responsibilities of SBVI to provide management services to the manager including assistance and supervision, and the ways in which such responsibilities shall be carried out;

(3) A statement that the manager shall receive the net proceeds from the vending facility that the manager operates;

(4) The responsibility of the manager to furnish:

a. A monthly profit and loss statement that includes payment for assessed set asides no later than the last day of the month following the close of the previous month’s accounting period;

b. One copy each of business liability insurance and workers compensation insurance; and

c. One copy of automobile collision and liability insurance in the case of managers with vending delivery vehicles;

(5) The right of the manager to terminate the operating agreement at any time;

(6) The termination of the operating agreement upon termination of the permit or contract; and

(7) The termination or revocation of the operating agreement upon the failure of the manager to operate the vending facility in accordance with the operating agreement or applicable federal, state, or local laws or regulations.

(d) The manager and the administrator of SBVI shall both sign the agreement.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.14 Performance Probation {#sec-ed-1019.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.14}

(a) Licensed managers shall be placed on performance probation when SBVI determines that the vending facility is not being operated in accordance with:

(1) The rules governing the program pursuant to Ed 1019;

(2) The terms and conditions of the permit or contract;

(3) The terms and conditions of the operating agreement;

(4) State law, the violation of which is, or reasonably may, result in financial or physical harm to the customers of the facility or other persons, the department or the manager; or

(5) Rules of other agencies of the state of New Hampshire which have regulatory authority directly related to the operation of a vending facility.

(b) A written notice of performance probation shall state the reason(s) for probation, steps to be taken, if any, to avoid termination, and the manager’s right to appeal SVBI’s action pursuant to Ed 1019.21.

(1) If hand delivered, the program representative shall document that the notice was received by the manager as evidenced by a signed acknowledgment of receipt. The 30-day probationary period shall begin on the date the manager signed the receipt;

(2) If sent by U.S. mail, the notice shall be sent certified mail with return receipt requested. The 30-day probationary period shall begin on the date the manager signed the return receipt; or

(3) If sent via email, it shall be sent to an email address provided by the manager for all official correspondence. The 30-day probationary period shall begin on the date the email is sent.

(d) Managers placed on performance probation pursuant to (a) above shall not be permitted to bid on vacant vending facilities.

(e) If a manager is placed on disciplinary probation for the same offense for the third time during a 12-month period, the manager’s license shall be terminated in accordance with Ed 1019.16 and Ed 1019.21.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.15 Removal of a Manager {#sec-ed-1019.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.15}

(a) If a manager determines that it is in the manager’s best interest to withdraw from a permanently or temporarily assigned facility, the manager may do so and shall be immediately placed on the roster if the withdrawal is not for the purpose of avoiding disciplinary action. The manager shall provide 30 days written notice and shall not accrue seniority.

(b) SVBI shall remove a manager from a facility if circumstances prevent a manager from fulfilling the manager’s obligations. Prior to or within 24 hours of the removal, SBVI shall contact the committee chair and inform the manager of the action.

(c) In facilities that require security clearance by property management, the manager shall meet all such security requirements in order to service a vending facility in such locations. If property management rescinds security clearance for a manager for any reason, SVBI shall remove the manager from that facility. SBVI shall investigate and consult with property management regarding security clearance reinstatement. If the security clearance is not reinstated, the removal shall be permanent.

(d) In the event of the documented misconduct by the manager jeopardizing the existence of the facility, or if SBVI reasonably determines there is a hazardous situation involving the manager which poses an immediate threat to the safety of the manager or others, SBVI shall declare that emergency circumstances exist, whereupon the manager shall be immediately removed. In the case of such removal, the committee chair shall be advised of the action prior to or within 24 hours of the removal.

(e) Any involuntary removal of a manager is subject to appeal pursuant to Ed 1019.21.

(f) In the event of a manager’s removal under paragraphs (b), (c), (d), or (e) of this section, SBVI shall, within 10 working days, do one of the following:

(1) Return the manager to the vending facility;

(2) Mandate re-training;

(3) Place the manager’s name on the roster;

(4) Assign the manager to a vending facility with lesser sales and less responsibility; or

(5) Initiate disciplinary action against the manager.

(g) In lieu of removing a manager from a facility, if SBVI determines that the manager has made a good faith effort to perform all duties required, SBVI shall relieve the manager of responsibility for a portion of the facility if such action would enable the manager to fulfill their obligations in the remaining areas that they service. This provision shall only be applicable if a vending facility has multiple locations and relieving the manager of responsibility for one or more of the locations will help the manager manage the main facility.

(h) When a manager is operating a facility on property not protected under federal or state law with respect to a statutory priority or preference, SBVI shall, upon the request of property management, be required to remove the manager from the facility, but SBVI shall be bound to proceed in accordance with the terms and conditions of the permit. If the removal is a result of violation(s) of the rules, SBVI shall initiate disciplinary proceedings as appropriate. If the removal is not as a result of a violation of the rules, SBVI shall place the manager’s name on the roster.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.16 Termination of Licenses {#sec-ed-1019.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.16}

(a) A license issued to a manager shall be terminated after affording the manager an opportunity for an administrative review, an evidentiary hearing, and arbitration under Ed 1021.15, when one or more of the following conditions apply:

(1) When vision is improved so that the manager no longer meets the definition of an individual who is legally blind;

(2) When there is extended illness with medically documented diagnosis of prolonged incapacity of the manager to operate the vending facility in a manner consistent with the needs of the location or other available locations in the vending facility program;

(3) When the manager withdraws from the BEP; and

(4) When SBVI finds that a vending facility is not being operated in accordance with:

a. The provisions of Ed 1019;

b. The terms and conditions contained in the licensing agreement between the manager and SBVI;

c. The terms and conditions of the vending facility's permit or contract between SBVI and the manager of the property on which the vending facility is located; or

d. State or federal statutes or regulations of other agencies with jurisdiction over vending facilities.

(b) Fifteen days prior to termination, written notice shall be given to any manager whose license is to be terminated or who is in jeopardy of losing the license, including a statement of the reason.

(1) Inform the manager of the manager’s right to request an administrative review, an evidentiary hearing, and arbitration under Ed 200; and

(2) Be hand-delivered or sent via US mail with a signed receipt requested.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.17 Vending Facility Equipment and Initial Stock {#sec-ed-1019.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.17}

(a) SBVI shall furnish each vending facility with adequate, suitable equipment and initial stocks of merchandise sufficient for the establishment and operation of the facility for an initial 2-week period. If the manager obtaining the agreement to operate the location is on the roster or in a probationary period per Ed 1019.05, the manager shall not be eligible to obtain additional locations or inventory until a license has been obtained.

(b) If a licensed manager is provided with initial inventory for a new assignment, it shall be sufficient to operate the location for no more than a 2-week period. The funds provided shall be an interest-free loan. SBVI shall establish a monthly payment plan to begin 3 months after the manager has been assigned and assumed management of the location.

(c) The right, title to, and interest in the equipment of each vending facility used in the program and in the initial stocks of merchandise shall be vested in accordance with the laws of the state in either the name of SBVI or the manager.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.18 Continuing Education and Upward Mobility {#sec-ed-1019.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.18}

(a) Each licensed manager and each candidate on the roster shall complete 10 continuing education or upward mobility credits every 2 calendar years.

(b) Credits shall be awarded in accordance with Table 1019-1 as follows:

Table 1019-1 Continuing Education Credits

Continuing Education/Upward Mobility Type

Credits Awarded

Annual training sponsored by the committee or program

Consumer driven regional or national training

On-line training approved by the BEP in advance

On-line webinars approved by the BEP in advance

State or regional food shows

State conventions sponsored by consumer groups

National conventions sponsored by consumer groups

College level course in business related field

Other training, comparable to the list above, as determined by the BEP and committee

Credit awarded shall be based on the training meeting a comparable category above

(c) If, by December 31 of the second year, the manager has not fulfilled the training requirement, the program shall inform the manager and shall grant a 90-day extension to complete all requirements. If after 60 days of the extension, the manager has not completed the necessary training, SBVI shall place the manager on performance probation in accordance with Ed 1019.14. If at the end of the probationary period the manager still has not completed the necessary training, SBVI shall terminate the manager’s license and remove the individual as the manager of the vending facility in accordance with Ed 1019.16 and Ed 1019.21. The SBVI administrator shall grant additional time to complete the necessary training if extreme circumstances exist pursuant to (e) below. Such extension of time shall be approved by the state committee of licensed managers.

(d) To the extent funds are available, SBVI shall provide financial assistance to managers who show evidence of financial need in order to complete the training. If funds are not available, SBVI shall make every effort to provide committee or program sponsored training at no cost to the manager.

(e) For the purposes of (c) above, extreme circumstances shall mean a hardship or challenge which impacts the licensed manager’s ability to complete the program training in a timely manner, including but not limited to:

(1) Serious illness of the blind manager or family member, particularly a family member who plays a role in supporting the blind manager with the administration or operation of the business;

(2) The loss of critical paperwork through fire, flood, or other natural or man-made disasters that effectively destroys such documents;

(3) A local, state, or federal declared emergency that slows processes; and

(4) Any planned blindness independence training, including attending a residential guide dog training program or a residential blindness skills program.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.19 Manager Secured Locations {#sec-ed-1019.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.19}

(a) Managers may seek out new locations on properties not protected by any state or federal priority or preference. If a manager identifies a potential location, and property management is willing to allow the manager to establish a vending facility, the manager shall notify the program coordinator who shall conduct a survey to determine the feasibility of establishing a vending facility. If the results of the survey are favorable and funds are available, SBVI shall enter into an agreement with the entity. The location shall be added to the one being managed by the manager. If the manager bids on and is awarded a different facility, SBVI shall determine on an individual basis, with the active participation of the state committee of licensed managers, to either leave the location attached to the current facility or allow the manager to take it to the new facility.

(b) Nothing in this part shall obligate SBVI to establish a vending facility at a site secured by a manager.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.20 Election, Organization, and Functions of State Committee of Licensed Managers {#sec-ed-1019.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.20}

(a) The managers licensed by the state shall comprise the membership of the state committee of licensed managers.

(b) Pursuant to 34 CFR 395.14, the committee shall:

(1) Actively participate with SBVI in major administrative decisions, including rule, policy development, and program development decisions affecting the overall administration of the state’s vending facility program;

(2) Receive and transmit to SBVI all grievances at the request of managers and serve as advocates for such managers in connection with such grievances;

(3) Actively participate with SBVI in the development and administration of a state system of transfer and promotion of managers;

(4) Actively participate with SBVI in the development of training and retraining programs for managers; and

(5) Sponsor, with the assistance of SBVI, meetings and instructional conferences for managers within the state.

(c) The committee chairperson shall be elected by a majority vote of committee members. The chairperson shall be elected every 2 years. The election shall also include an election for a vice-chair who shall assume the responsibilities of the chair if the chair is unable to attend to his or her duties.

(d) Quarterly meetings shall be held between the committee and SBVI to discuss policy, administrative matters affecting the program, provide a training opportunity, and carry on other business of the committee or SBVI, as needed. The chair has the authority to call special meetings in between quarterly meetings as necessary.

(e) Between the regular meetings individual committee members shall be designated, or sub-committees established, by the chair(s) to carry on the functions of the committee.

(f) All written material pertaining to the administration of the program shall be provided to the chairperson of the committee by SBVI in a format that is accessible by the chairperson(s). SBVI shall distribute the materials to all members of the committee upon approval by the committee chair affording the committee an opportunity to actively participate in policy or major administrative changes.

(g) If, after affording the committee with an opportunity as described in (f) above, a consensus cannot be achieved, the chairperson(s) of the committee shall be notified in writing stating the reasons therefore, prior to implementation of the changes by SBVI.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.21 Administrative Reviews, Evidentiary Hearings, and Arbitration of Manager Complaints {#sec-ed-1019.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.21}

If a manager or the committee is aggrieved by any action of SBVI with regard to the administration of the program, the manager, the committee, or the aggrieved individual may file a written complaint to resolve the matter in accordance with Ed 200. If the matter is not resolved to the satisfaction of the complainant at the conclusion of the process outlined in Ed 200, the complainant may appeal the decision under 34 CFR 395.13 and 34 CFR 395.37.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.22 Access to Program and Financial Information {#sec-ed-1019.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.22}

Each manager shall be provided access to all financial data of SBVI relevant to the operation of the program, including quarterly and annual financial reports, provided that such disclosure does not violate applicable federal or state laws pertaining to disclosure of confidential information. At the request of a manager, SBVI shall arrange a convenient time to assist in interpretation of such financial data.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.23 Manager and SBVI Responsibilities {#sec-ed-1019.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.23}

(a) Each manager shall submit to SBVI a monthly operating statement along with the set aside assessment detailing, among other things, gross sales, purchases, operating costs, and net profits. Forms for this purpose shall be furnished to each manager by SBVI. SBVI shall retain complete access to the manager's records.

(b) The manager shall:

(1) Perform faithfully and to the best of manager’s ability the necessary duties in connection with the operation of the vending facility in accordance with SBVI's rules, as well as rules of other applicable state and federal agencies;

(2) Cooperate with officials and duly authorized representatives of SBVI in connection with their official program responsibilities;

(3) Operate the vending facility in accordance with all applicable health laws and rules, and maintain a clean appearance at all times;

(4) Abide by the regulations and policies of the agency controlling the property upon which the facility is located;

(5) Comply with all terms of the permit including maintaining the agreed upon hours; and

(6) Furnish such reports as SBVI may from time to time require.

(1) Management services as defined in 34 CFR 395.1(j);

(2) Supervision to ensure the effective operation of the vending facility;

(3) New and replacement equipment as necessary for the successful operation of the vending facility;

(4) Maintenance and repair of equipment; and

(5) Initial stock.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.24 State Licensing Rules {#sec-ed-1019.24 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.24}

SBVI shall furnish a copy of the state licensing rules to each candidate or manager in addition to all written documents pertaining to the administration and management of the program.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1019.25 Responsibilities of Vending Facilities {#sec-ed-1019.25 omnilex-key=us-nh-regs-official--agency-ed--Ed 1019.25}

(a) Unless otherwise exempted by RSA 186-B, any properties owned or leased by the state shall recognize the rights granted to SBVI to establish vending facilities on such properties. SBVI shall be permitted to conduct surveys of state-owned or leased properties to determine the feasibility of establishing one or more vending facilities on a particular property. No state entity shall be permitted to enter into an agreement with a third party for a vending facility unless a determination is made by SBVI that it cannot provide services of a high quality at reasonable prices. Property management shall take all necessary steps to ensure that the installation occurs, and that the space and the utilities required shall be provided at no cost to the SBVI or the manager for the operation, except telephone or internet service. SBVI shall provide the necessary alterations, plumbing and equipment, merchandise, a licensed manager, and the appropriate supervision of the manager.

(b) In the event that existing buildings are purchased or leased, or new buildings are constructed by any state entity, written notice shall be given to SBVI in ample time to afford the BEP an opportunity to make plans to provide the service.

(c) All vending facility operations shall be governed by an agreement between SBVI and property management, and known as a permit. The permit shall include the location, type of facility, space available, all necessary equipment, and the operating hours of the facility. In the negotiation process between SBVI and property management regarding either the terms and conditions of an occupancy permit or a contract, the committee shall have an opportunity to participate in making final determinations with respect to the terms and conditions of an occupancy permit or contract. The terms and conditions of the permit may be changed after consultation with the manager for purposes of soliciting their input. Once the changes have been made, the revised document shall be provided to the manager. The absence of an executed permit does not relieve a manager of their responsibilities to otherwise comply with these rules and to provide effective management of the vending facility.

(d) Property management shall not require the payment of rent, utilities, or commissions as a condition for operating a vending facility on its property. Except that, at its discretion and with the active participation of the state committee of licensed managers, may negotiate less restrictive agreements that do require such payments. If such payments are negotiated and are included in the permit agreement, the licensed manager shall be obligated to make such payments; except that, no subsequent priority shall be waived either expressly or by implication.

(e) If SBVI determines that a site is suitable for a blind person, it shall negotiate an agreement with a third-party vendor to provide services.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1020 Interpreter Classification System

N.H. Code Admin. R. Ann. Ed 1020.01 Purpose {#sec-ed-1020.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.01}

The purpose of the classification system program shall be to evaluate competency skills of sign language interpreters, to maintain records of interpreter classification, and to maintain records of continuing education units required for maintenance of classification.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.02 Program Designation {#sec-ed-1020.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.02}

The program shall be designated “The New Hampshire interpreter classification system" (NHICS).

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.03 Classification {#sec-ed-1020.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.03}

An individual who applies for and meets the requirements for classification under Ed 1020.10 shall be qualified as a sign language interpreter by the department’s program for the deaf and hard of hearing.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.04 Applicability; Administration of Classification System Program {#sec-ed-1020.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.04}

These rules shall apply to the classification process for sign language interpreters as conducted and managed by the program for the deaf and hard of hearing, in the department of education, division of workforce innovation, bureau of vocational rehabilitation. The classification system program shall be managed by a coordinator appointed by the director of the bureau of vocational rehabilitation.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.05 Definitions {#sec-ed-1020.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.05}

The following definitions shall apply to Ed 1020:

(a) “Deaf interpreter” means a person who is deaf and provides interpreting services as defined in section (e), below;

(b) “Director” means the director of bureau of vocational rehabilitation, division of workforce innovation, department of education;

(c) “Classification system program” means the New Hampshire interpreter classification system operated by the coordinator;

(d) “Coordinator” means the person appointed by the program for the deaf and hard of hearing, bureau of vocational rehabilitation, division of workforce innovation, department of education to coordinate the classification;

(e) “Interpreting” means the process of converting spoken English into American Sign Language (ASL) and the process of converting ASL into spoken English;

(f) “Rater” means an individual who has successfully completed training approved under Ed 1020.12 by the program for the deaf and hard of hearing in the evaluation of interpreter skills;

(g) “State classification test” means the test administered under Ed 1020.08 for the purposes of determining an interpreter’s classification as a qualified interpreter under Ed 1020.10; and

(h) “Rater stipend” means the appropriate level payment made to the rater for their work.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.06 Administration of State Classification Test; Classification Fees {#sec-ed-1020.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.06}

(a) The state classification test for the purpose of classifying interpreters shall be administered at least once every 6 months, unless there have been no requests for a test. If 3 or more individuals request a test, a test shall be scheduled at a date sooner than the next regularly scheduled test.

(b) The fee for the state classification test shall be $225.00.

(c) A re-test fee of $140 shall allow a retake of the performance test by an applicant for initial classification within one year after passing the structured interview portion.

(d) Applicants shall obtain a refund for a scheduled state classification test when providing at least 30 days’ advance written notification of cancellation to the coordinator. Otherwise, test fees shall be nonrefundable.

(e) The coordinator or designee shall collect fees and maintain receipt records and invoices from raters and expenses incurred by the program for:

(1) Rater and interviewer stipends for the evaluation of candidates;

(2) The cost of the interpreter for the deaf or hard of hearing rater during the testing process; and

(3) Testing equipment.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.07 Application Process {#sec-ed-1020.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.07}

(a) Applicants shall contact the program for the deaf and hard of hearing for an information packet which contains:

(1) A description of the classification process;

(2) A completed “NH Interpreter Classification System (NHICS) Application” form, June 2021 edition;

(3) A description of the fee charged for testing; and

(4) A description of the appeal procedure.

(b) Each applicant shall submit an application and the fee for the test. Individuals shall not take the test until payment and a complete application are received, and the application is approved as complete by the coordinator or designee.

(c) The coordinator or designee shall notify each applicant who has submitted an application approved as complete of the scheduled date, time, and place for the test.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.08 State Classification Test {#sec-ed-1020.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.08}

(a) The state classification test shall consist of 2 sections. Section one shall be a structured interview scored by a minimum of 4 raters. Section 2 shall be a pass or fail performance test scored by a minimum of 4 raters.

(b) The structured interview shall be pass or fail and demonstrate the following:

(1) Knowledge of and ability to make practical use of the code of professional conduct of the Registry of Interpreters for the Deaf (RID);

(2) Knowledge of the role and responsibilities of an interpreter;

(3) Understanding of professional business practices, including the limitations of an interpreter’s role, diplomacy required of an interpreter, and the need for attire that enhances the background for signing such as plain clothing and jewelry that does not distract from the interpreting process;

(4) Communication skills in ASL and English; and

(5) The interpreter’s overall professional presentation.

(d) Each applicant’s performance on sections 1 and 2 of the test shall be videotaped.

(e) The performance test scoring sheet shall consist of a numerical rating covering the following areas:

(1) The rater’s ability to comprehend the applicant, based on the applicant’s clarity, use of grammar, level of discourse, and use of classifiers;

(2) The message equivalency transmitted by the applicant, including:

a. Message accuracy;

b. Accurate use of morphology;

c. Use of affect and register of the original message; and

d. The amount of information transmitted;

(3) The interpreting process, including:

a. Phrasing; and

b. Process management; and

(4) The applicant’s professionalism, including:

a. Composure; and

b. Objectivity.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.09 Administration of State Classification Test {#sec-ed-1020.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.09}

(a) The coordinator or designee shall videotape section 1, the interview, and section 2, the performance portion, of the test.

(b) The coordinator or designee shall send the rater scoring packet to 4 qualified raters within one week of the taping. The coordinator shall make sure each packet includes a copy of the candidate’s tape, scoring sheets, and the rater instruction information.

(d) Candidates who successfully pass the performance portion of the test but do not successfully pass the interview portion of the test shall not be considered for state classification and they shall retake both sections of the test.

(e) The coordinator shall mail to each applicant who has completed the performance test written notice of the test results within one month of the date of the test.

(f) A person who fails either the structured interview or the performance test may request from the coordinator, in writing, copies of the raters’ scoring sheets. The coordinator shall supply such sheets, upon written request.

(g) Applicants for initial classification not passing the performance test may retake the performance portion of the test, within one year after passing the structured interview portion.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.10 Classification of Interpreters {#sec-ed-1020.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.10}

An applicant shall be classified as a qualified sign language interpreter who:

(a) Has a high school diploma or its equivalent;

(b) Is 18 years of age or older; and

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.11 Maintenance of Classification {#sec-ed-1020.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.11}

(a) “Continuing education units (CEUs),” for the purpose of this rule, means:

(1) Participation in professional workshops sponsored by a post-secondary interpreter training program, the RID, the National Association of the Deaf (NAD) or the state chapters of such organizations, or any other professional training organization which focus on issues related to the deaf community, the interpreting process, or both;

(2) Conventions or conferences of either deafness or interpreting organizations;

(3) Tutoring sessions, if such sessions are qualified under paragraph (b); and

(4) For the 20% required in areas not related to deafness or interpreting, participation in a course, workshop, or training session on a topic unrelated to deafness, but which has an impact on the interpreter’s activities as a sign language interpreter.

(b) To qualify, a tutoring session shall be provided by RID certified interpreters who hold their NIC, Certificate of Interpretation (CI) or NAD level V.

(d) All state-classified interpreters shall earn CEU’s. The number of CEU’s earned shall be the same number of hours as those required by RID over each 4-year period, 80% of which shall be deafness/ or interpreting related, and 20% of which shall be either deafness or interpreting related or in other areas as pursuant to Ed 1020.11(a)(4) above. CEU hours shall be awarded based on clock hours of participation and shall require documentation from such training programs such as an agenda, conference packet, or syllabus. No one convention, workshop, or course shall be used to satisfy the entire requirement.

(e) An individual’s classification shall lapse for an individual who fails to obtain national certification before the expiration of the 6-year classification period, and the individual shall no longer be:

(1) Listed in the department of education’s directory of interpreters for the deaf; and

(2) Considered a licensed interpreter by the state of New Hampshire.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.12 Raters {#sec-ed-1020.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.12}

(a) Each team of raters shall be comprised of 2 raters who can hear and 2 raters who are deaf or hard of hearing. Raters who can hear shall possess a valid certification from RID or the NAD level V. The program for the deaf and hard of hearing shall solicit applicants from certified interpreters and the deaf community. Selection shall be made by the program for the deaf and hard of hearing based on skill level, availability, and experience.

(b) The program for the deaf and hard of hearing shall provide rater training for new raters. New raters shall complete the rater training, which shall consist of instruction and materials on the principles of interpreter classification evaluation, practice tapes, and inter-rater reliability data.

(c) A rater shall not have a conflict of interest regarding the person to be rated. A conflict of interest shall be deemed to exist if the person to be rated is a member of the rater’s immediate family which shall mean the rater’s spouse, parent, mother-in-law, father-in-law, sibling, sister-in-law, brother-in-law, or child, or anyone related to the rater by blood or marriage and living in the same household as the rater. The rater shall disclose any other circumstances which create a conflict of interest as to a particular person, and shall withdraw as a rater for that person. The rater shall also disclose to the coordinator any circumstances likely to create the appearance of a conflict of interest.

(d) Scoring by raters shall be done as follows:

(1) For the part I-interview portion of the test, the applicant shall be rated by both deaf and hard of hearing raters and raters who can hear; and

(2) For the part II- performance portion of the test, the raters who can hear shall score primarily the ASL-to-English components of the evaluation and the deaf or hard of hearing raters shall score primarily the English-to-ASL components of the evaluation.

(e) Raters shall receive the rater stipend from the interpreter classification fund for scoring each applicant and to receive payment, raters shall submit an invoice, which shall include the rater’s name, address, name of applicant, and date of rating.

(f) All documents, paperwork, and digital media shall be sent back to the coordinator for record keeping to ensure the applicant’s confidentiality.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.13 Publication of Directory of Interpreters for the Deaf {#sec-ed-1020.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.13}

The name and date of award of each individual classified under the classification system program shall be published by the department of education in a directory of interpreters for the deaf, which shall be printed at least biennially. The directory shall also include name, source of national certification, state of NH licensure status, and date of certification for any interpreter certified by the RID or the NAD who wishes to be included in the directory. Contact information shall be included at the option of the interpreter. The primary source for this document shall be located on the NHVR’s website and an annual printing shall occur.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.14 Retention of Test and Directory Data {#sec-ed-1020.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.14}

The program for the deaf and hard of hearing shall keep the following data in confidential files for a period of at least 7 years:

(a) Correspondence with individual applicants;

(b) Records of scores of individual tests for each applicant tested, whether the applicant was successful or unsuccessful;

(d) The original CD of each applicant’s interview and performance test;

(e) The date classification under Ed 1020.10 was awarded; and

(f) Name, address, and telephone number for each state-classified and nationally-certified interpreter listed in the department of education directory of interpreters for the deaf.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1020.15 Appea {#sec-ed-1020.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1020.15}

l. An applicant aggrieved by a decision of the program relating to classification shall file a petition for reconsideration along with supporting documentation to the director within 20 business days after receipt of the decision regarding classification. If the petition for reconsideration is denied, the applicant shall appeal the director’s decision pursuant to RSA 21-N: 11, III and Ed 200. Any person may file a written complaint charging a person qualified as a deaf interpreter with misconduct pursuant to the process set forth in Int 205 of the board of licensing for interpreters of the deaf and hard of hearing.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Part Ed 1021 Review Procedure

N.H. Code Admin. R. Ann. Ed 1021.01 Review Procedures {#sec-ed-1021.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.01}

(a) Review procedures shall comply with 34 CFR 361.57 and New Hampshire law.

(b) An individual who is dissatisfied with any determination made by personnel of the NHVR that affects the provision of vocational rehabilitation services shall request, or, if appropriate, shall request through the individual's representative, a timely review of that determination.

(c) The NHVR shall make reasonable accommodation for the individual’s disability in conducting hearings and mediation procedures. Reasonable accommodation shall include using appropriate modes of communication consistent with the informed choice of the individual.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.02 Notification of Right to Mediation and Hearings {#sec-ed-1021.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.02}

(a) The NHVR shall provide an individual or, as appropriate, the individual's representative, notice as enumerated in 34 CFR 361.57(b)(1).

(b) The notice required in Ed 1021.04(a) shall be provided by using the appropriate mode of communication consistent with the requirements of 34 CFR 361.57(b)(2).

(c) Determinations for which a review may be requested include the NHVR’s failure to release harmful information directly to the individual.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.03 Informal Dispute Resolution {#sec-ed-1021.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.03}

(a) An individual, or a representative of the individual, seeking review of a determination shall file a complaint with the NHVR.

(b) Filing a complaint shall not prevent the individual from requesting mediation or a due process hearing in the case where the complaint is not resolved to the individual’s satisfaction.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.04 Mediation {#sec-ed-1021.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.04}

(a) Mediation shall be voluntary and available to individuals in accordance with 34 CFR 361.57(d), and Ed 205.

(b) If mediation as described in Ed 205.03 is selected by the parties and resolution is not achieved, the individual selected as a mediator shall not be the same individual who is subsequently appointed as a hearing officer to preside at a hearing in the same matter pursuant to Ed 1021.10(c).

(c) Inconsistencies between mediation procedures in Ed 205.03 and Ed 1021.05 shall be resolved in favor of the provisions of Ed 1021.05.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.05 Mediation Procedure {#sec-ed-1021.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.05}

(a) An individual shall have the option of using mediation to resolve disputes involving NHVR determinations that affect the provision of vocational rehabilitation services. Mediation shall be made available, at a minimum, whenever an individual or, as appropriate, the individual's representative requests a hearing. Mediation may also be requested without filing a complaint or requesting a hearing.

(b) Mediation shall not be used to deny or delay the individual's right to pursue resolution of the dispute through a hearing held within the 60-day time period for holding hearings required by 34 CFR 361.57(e). At any point during the mediation process either the individual or the mediator shall have the option of electing to terminate the mediation. In the event mediation is terminated, the individual shall have the option of pursuing resolution through a hearing.

(c) An individual may be represented during mediation sessions by counsel or another advocate selected and paid for by the applicant or individual.

(d) Mediation sessions shall be conducted by a qualified and impartial mediator who shall be chosen at random from a pool of mediators who are knowledgeable about vocational rehabilitation services.

(e) Mediation sessions shall be arranged by the office of legislation and hearings in the designated state agency. Mediation shall be scheduled within 30 days from the date a written request for mediation is received by the NHVR.

(f) Discussions that occur during the mediation sessions shall be kept confidential and shall not be used as evidence in any subsequent hearings or civil proceedings. The parties to the mediation sessions shall sign a confidentiality pledge prior to the commencement of the sessions.

(g) An agreement reached by the parties to the dispute in the mediation sessions shall be described in a written mediation agreement that is developed by the parties with the assistance of the qualified and impartial mediator and signed by both parties. Copies of the agreement shall be sent to both parties.

(h) The costs of the mediation process shall be paid by the NHVR.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.06 Scheduling of Mediation, Prehearing Conference, and Hearing {#sec-ed-1021.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.06}

(a) At the time of the filing of a request to initiate a hearing under Ed 1021.07, the parties shall notify the office of legislation and hearings in the designated state agency of whether they wish to pursue mediation prior to a prehearing conference and a hearing.

(b) If the parties choose not to engage in mediation, the office of legislation and hearings in the department of education shall schedule the prehearing conference and hearing based on hearing officer availability, as provided in Ed 1021.10.

(1) A day for an alternative dispute resolution, if the parties so decide;

(2) A half day for a prehearing conference; and

(3) A minimum of 2 days for a hearing.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.07 Initiation of Hearing by Applicant or Individual {#sec-ed-1021.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.07}

(a) An individual who is dissatisfied with any determination made by personnel of the NHVR that affects the provision of vocational rehabilitation services shall notify the office of legislation and hearings in the designated state agency, in writing, if he or she wishes to request a due process hearing. The written request for a hearing shall be made within 30 days after the NHVR notifies the individual of its determination or completion of an alternative dispute resolution procedure.

(b) The written request required to initiate the hearing process shall include:

(1) The full name and address of the individual;

(2) A description of why the individual is not satisfied with the determination; and

(3) The desired outcome of the complaint or mediation procedure, if applicable.

(c) When providing a written request for a hearing is a burden to the individual because of the individual’s disability, the office of legislation and hearings shall accept a request in the appropriate mode of communication that is consistent with the informed choice of, and used by, the individual in order to promote the fair, accurate, and efficient resolution of issues.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.08 Commencement of Hearing Process {#sec-ed-1021.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.08}

The hearing shall be held no later than 60 days after the office of legislation and hearings receives a request for the hearing under Ed 1021.07, unless an agreement is reached prior to the 60th day, or unless the parties agree to a specific extension of time.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.09 Denial, Dismissal, or Withdrawal of Request for Hearing {#sec-ed-1021.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.09}

(a) The office of legislation and hearings in the department of education shall not deny or dismiss a request for a hearing unless:

(1) The individual withdraws the request in writing;

(2) The hearing officer determines a party to be in default for failure to appear at the hearing without good cause that constitutes illness, accident, or any other circumstances beyond the control of the individual; or

(3) The hearing officer grants a motion to dismiss.

(b) An individual may withdraw a request for a hearing without prejudice until such time as he or she retains legal counsel.

(c) When withdrawing a request for a hearing in writing is a burden to the individual because of the individual’s disability, the office of legislation and hearings shall accept requests in the appropriate mode of communication that are consistent with the informed choice of, and used by, the individual in order to promote the fair, accurate, and efficient resolution of issues.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.10 Scheduling Mediation Proceedings and Hearings {#sec-ed-1021.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.10}

(a) The governance unit in the department of education shall schedule mediation, if requested, and a prehearing conference and a hearing as follows:

(1) As soon as the mediation, if any, the prehearing conference, and the hearing have been scheduled, the office of legislation and hearings shall notify the parties in writing of:

a. The date, time, and place of the requested mediation and the prehearing conference;

b. The date, time, place, and nature of the hearing;

c. Legal authority under which the hearing is to be held;

d. The particular sections of the statutes and rules involved, including a copy of Ed 1021;

e. A short and plain statement of the issues involved; and

f. The party's right to have an attorney present to represent the party at the party's expense;

(2) The name and address of the hearing officer who shall preside at a hearing shall be selected:

a. From a list of hearing officers, who have knowledge of state and federal vocational rehabilitation law, that is maintained by the office; and

b. On a random basis.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.11 Elements of a Hearing {#sec-ed-1021.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.11}

A hearing shall include the following elements:

(a) A prehearing conference, governed by Ed 1021.12;

(b) A hearing, governed by Ed 1021.15, shall be limited to 2 days; and

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.12 Prehearing Procedures {#sec-ed-1021.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.12}

The prehearing conference required by Ed 1021.10(a) shall be conducted by a hearing officer and governed by Ed 208 along with the following:

(a) Parties shall be prepared to discuss the issues described in RSA 541-A:31,V(c);

(b) Parties shall exchange, and provide to the hearing officer, witness lists including a brief description of each witness's testimony, and documentary evidence at least 5 business days before the hearing. Documentary evidence exchanged shall be legibly labeled in the upper right-hand corner with consecutive Arabic numerals as either "Individual Exhibit (number)" or "NHVR (number)", as appropriate. An index, by title, of all exhibits submitted shall also be exchanged;

(c) In order to limit testimony at the hearing to only those factual matters which remain in dispute between the parties, each party shall submit a statement of facts;

(d) The party who initiated the hearing shall present his or her case first unless the hearing officer determines that the change in the order of presentation would not materially prejudice any party's right to a full and fair hearing and:

(1) The hearing would proceed in a more timely manner if the party not initiating the hearing presents his or her case first; or

(2) The hearing would proceed in a more efficient manner if the party not initiating the hearing presents his or her case first.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.13 Voluntary Production of Information {#sec-ed-1021.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.13}

(a) Each party shall attempt in good faith to make a complete response to requests, as soon as practicable, for the voluntary production of information.

(b) When a dispute between parties arises concerning a request for the voluntary production of information, releases, or documents, any party may file a motion to compel the production of the requested information under Ed 1021.14.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.14 Motion to Compel Production of Information {#sec-ed-1021.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.14}

(a) Any party may file a motion requesting that the hearing officer compel the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing. Any objection to the motion to compel shall be filed within 5 days of the date receipt of the motion.

(b) The moving party's motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are relevant to the issues described in the hearing notice and might be necessary for a full and fair presentation of the evidence at the hearing because they have the potential to affect the outcome of the hearing, the hearing officer shall grant the motion to compel.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.15 Hearing Procedures {#sec-ed-1021.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.15}

The hearing shall be conducted by a hearing officer, governed by Ed 200 along with the following:

(a) All hearings shall be electronically recorded by the hearing officer or his or her designee. The hearing officer’s recording shall be the official record of the hearing unless a party requests and pays for stenographic recording of such hearing. If a party requests and pays for a stenographic recording of the hearing, the stenographic record shall be under the control of the hearing officer and shall be the official record;

(b) Any party to a hearing shall have the right to:

(1) Be accompanied and advised by counsel, who shall be an attorney, or by an individual with special knowledge or training with respect to vocational rehabilitation services and whose services shall be paid for by the party retaining counsel;

(2) Present evidence and confront and cross-examine witnesses;

(3) Request that the hearing officer prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the first day of the scheduled hearing;

(4) Obtain a verbatim record of the hearing, at any point during the hearing or afterwards;

(5) Obtain written findings of facts and decisions; and

(6) Record the hearing;

(c) At the conclusion of the hearing an applicant, eligible individual, or previously eligible individual may request, at no cost, a verbatim record of the hearing in either electronic or written format and written findings of fact and decisions at no cost for the first copy of each item. Any additional copies or copies of any of the items in the case file shall be available at the department’s cost to produce them;

(d) An applicant, eligible individual, or previously eligible individual shall have the right to open the hearing to the public. However, if a hearing is open to the public, the hearing officer shall seat the members of the public and position their equipment in such a way that the public and equipment do not interfere with the proceedings;

(e) Each party shall have a maximum of one day to present its case, unless additional time is necessary for a full, fair disclosure of the facts necessary to arrive at a conclusion;

(f) The hearing officer shall limit the number of additional witnesses to eliminate redundant, cumulative, or irrelevant testimony; and

(g) The hearing officer shall limit examination of a witness by either party to avoid redundant, cumulative, or irrelevant testimony.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.16 Agreement Prior to Hearing {#sec-ed-1021.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.16}

(a) If the parties reach an agreement prior to the hearing, both parties shall sign a written statement requesting the cancellation of the hearing.

(b) When signing a written statement requesting the cancellation of the hearing is a burden to the applicant, eligible individual, or previously eligible individual because of the individual’s disability, the office of legislation and hearings shall accept such requests in the appropriate mode of communication that is consistent with the informed choice of and used by the applicant, eligible individual, or previously eligible individual in order to promote the fair, accurate, and efficient resolution of issues.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.17 Continuance of Hearing {#sec-ed-1021.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.17}

(a) A hearing officer shall grant extensions of time beyond the period set out in Ed 1021.15(e) for specific periods of time at the request of either party if:

(1) The party’s vocational rehabilitation services would not be jeopardized by the delay;

(2) The party would not have adequate time to prepare and present the party's position at the hearing in accordance with the requirements of due process; and

(3) The need for the delay is greater than any financial or other detrimental consequences likely to be suffered by a party in the event of delay.

(b) A hearing shall not be continued by the hearing officer because of the hearing officer's schedule.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.18 Decision {#sec-ed-1021.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.18}

(a) The hearing officer shall issue a final decision not later than 30 days after the hearing is completed. The final decision shall be consistent with RSA 541-A:35. The final decision shall be based on the provisions of the approved state plan, the Act, federal vocational rehabilitation regulations, and state rules that are consistent with federal requirements.

(b) The hearing officer shall provide to the individual or, if appropriate, to the individual's representative, and to the NHVR a full written report of the findings and grounds for the final decision within 30 days after the hearing is completed.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.19 Impact on Provision of Services During Proceedings {#sec-ed-1021.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.19}

(a) The NHVR shall not institute a suspension, reduction, or termination of vocational rehabilitation services being provided to an applicant or eligible individual, including evaluation and assessment services and IPE development, pending resolution of a request for review of a determination through mediation or pending a decision by a hearing officer unless:

(1) The individual or, in appropriate cases, the individual's representative requests a suspension, reduction, or termination of services;

(2) The NHVR has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual or the individual's representative; or

(3) The individual or the individual’s representative engages in delaying tactics to avoid a determination of the issue for the purpose of continuing services the NHVR believes are inappropriate or inconsistent with the program or the employment aptitudes and interests of the individual. In the case of apparent delaying tactics, the following shall apply:

a. Any case that remains open after 180 days shall be presumed to be a case where delay tactics are being employed; and

b. In any case open longer than 180 or whenever the hearing officer believes a party is hindering the prosecution of the case, the hearing officer shall require the offending party to show good cause pursuant to Ed 206.04(a) why the hearing officer should not dismiss the case with prejudice.

(b) If a party brings a civil action under Ed 1021.20 to challenge the final decision of the hearing officer made under Ed 1021.18, the final decision of the hearing officer shall be implemented pending review by the court.

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

N.H. Code Admin. R. Ann. Ed 1021.20 Civil Action {#sec-ed-1021.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 1021.20}

Any party who disagrees with the findings and decision of the hearing officer may bring a civil action to appeal that decision in a state or a United States district court of competent jurisdiction as provided in 34 CFR 361.57(i).

APPENDIX I

RULE

STATUTE OR FEDERAL REGULATION IMPLEMENTED

Ed 1001

34 CFR 361; RSA 200-C:1

Ed 1002

34 CFR 361.5

Ed 1003

34 CFR 361.38

Ed 1004

34 CFR 361.41

Ed 1005

34 CFR 361.42

Ed 1006

34 CFR 361.42-44

Ed 1007

34 CFR 361.42

Ed 1008

34 CFR 361.45-46

Ed 1009

34 CFR 361.36

Ed 1010

34 CFR 361.53

Ed 1011

34 CFR 361.54

Ed 1012

34 CFR 361.51

Ed 1013

34 CFR 361.52

Ed 1014

34 CFR 361.55

Ed 1015

34 CFR 361.56

Ed 1016

34 CFR 363

Ed 1017

45 CFR 1329; 34 CFR 77.1

Ed 1018

34 CFR 367

Ed 1019

RSA 196-B:10-II

Ed 1020

RSA 326-I:5, RSA 200-C:19, IV

Ed 1021

RSA 541-A:30-a; 34 CFR 361.57

History

(See Revision Note #1, #2, and #3 at chapter heading for Ed 1000) #13231, eff 7-13-21

Chapter Ed 1100 Standards for the Education of Children with Disabilities

Part Ed 1101 Purpose and Scope

N.H. Code Admin. R. Ann. Ed 1101.01 Purpose {#sec-ed-1101.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1101.01}

The purpose of Ed 1100, adopted by the state board of education, is to ensure that all children with disabilities have available to them a free, appropriate, public education pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C 1400, et seq., as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) and the implementing regulations found in 34 CFR 300 et seq. and RSA 186-C.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1101.02 Scope {#sec-ed-1101.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1101.02}

These rules shall apply only to programs that receive public funds.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1102 Definitions

N.H. Code Admin. R. Ann. Ed 1102.01 Definitions A-C {#sec-ed-1102.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1102.01}

(a) “Academic achievement” means the student’s level of academic performance when measured against the general education curriculum.

(b) “Accommodation” means any change in instruction or evaluation determined necessary by the individualized education program (IEP) team that does not impact the rigor, validity, or both, of the subject matter being taught or assessed.

(d) “Administrative case management” means the following activities that are not direct instruction but that are necessary to facilitate a student’s special education:

(1) Scheduling IEP meetings;

(2) Coordinating evaluations and IEP drafting;

(3) Visiting potential student placement environments;

(4) Communicating with a parent; and

(5) Updating progress reports for meeting IEP goals.

(e) “Administrative due process hearing” means a hearing conducted in compliance with Ed 1123 and in compliance with the provisions of 34 CFR 300.507 – 300.518.

(f) “Adult student” means a child with a disability who is:

(1) At least 18 years of age but less than 22 years of age and not adjudicated incompetent; or

(2) An emancipated minor pursuant to state law.

(g) “Alternate achievement standards” means the expectation of performance established by the New Hampshire department of education consistent with the Elementary and Secondary Education Act of 1965, as amended (ESEA).

(h) “Alternate assessment” means those assessments developed pursuant to the provisions of 34 CFR 300.704(b)(4)(x) and sections 1111(b) and 1201 of ESEA.

(i) “Alternative dispute resolution” means the following processes that can be used to resolve an issue or issues in dispute:

(1) Neutral conference; and

(2) Mediation.

(j) “Approved program” means a program of special education as defined in RSA 186-C:2, II.

(k) “Assistive technology device” means “assistive technology device” as defined in 34 CFR 300.5.

(l) “Assistive technology service” means “assistive technology service” as defined in 34 CFR 300.6.

(m) “Aversive behavioral interventions” means those procedures that subject a child with a disability to physical or psychological harm or unsupervised confinement, or that deprive the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child’s physical, mental, or emotional health.

(n) “Behavior intervention plan” means the positive behavior interventions and supports incorporated in the student’s IEP.

(o) “Business day” means “business day” as defined in 34 CFR 300.11(b).

(p) “Chartered public school” means “chartered public school” as defined in RSA 194-B:1, IV.

(q) “Child find” means the system detailed in Ed 1105.

(r) “Child with acquired brain injury (ABI)” means brain injury that occurs after birth, including injury sustained by infection, disease, or lack of oxygen resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance and requires special education and or related services.

(s) “Child with a developmental delay” means a child with a developmental delay as defined in RSA-186-C:2 I-a who:

(1) Is experiencing developmental delays in one or more of the following areas:

a. Physical development;

b. Cognitive development;

c. Communication development;

d. Social or emotional development; or

e. Adaptive development; and

(2) By reason thereof, needs special education and related services, as measured by appropriate diagnostic instruments and procedures consistent with Ed 1107 and identified in compliance with 34 CFR 300.111(b).

(t) “Child with a disability” means:

(1) A “Child with a disability” as defined in 34 CFR 300.8 who is 3 years of age or older but less than 22 years of age and who has not yet received a regular high school diploma as provided in 34 CFR 300.102;

(2) A child with a developmental delay as defined in Ed 1102.01(s) above; and

(3) A child with acquired brain injury as defined in Ed 1102.01(r) above.

(u) “Child eligible for special education but not currently receiving services” means a child who has been evaluated and determined to be a child with a disability who is not currently receiving special education services due to one or more of the following factors:

(1) The child is at least 2.5 years of age and has been determined to be eligible for special education;

(2) The child’s current condition prevents the delivery of special education services;

(3) The child’s parent, legal guardian, surrogate parent, or adult student has refused services;

(4) The child has dropped out of school; or

(5) The child is no longer attending school.

(v) “Collaborative program” means the cooperative agreements that school districts or school administrative units, or both, are able to enter into under RSA 186-C:8.

(w) “Committed juvenile student” means an individual who is committed to the youth development center pursuant to court order and who has been or is determined to be a child with a disability.

(x) “Consent” means “consent” as defined in 34 CFR 300.9.

(y) “Core academic subjects” means “core academic subjects” as defined in 34 CFR 300.10.

(z) “Court” means a court of competent jurisdiction.

(aa) “Curriculum” means all of the courses and other educational opportunities offered by the responsible local education agency.

(ab) “Curriculum for preschoolers” means all of the organized educational activities, experiences, or both that are offered within the early childhood program to address all aspects of development and to promote meaningful learning experiences regarding preschoolers, their families and their community.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #9812, eff 11-11-10; ss by #12141, eff 3-24-17; amd by #12547, eff 6-14-18; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1102.02 Definitions D-G {#sec-ed-1102.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1102.02}

(a) “Day” means “day” as defined in 34 CFR 300.11(a).

(b) “Department” means the New Hampshire department of education.

(c) “Destruction,” in reference to information in education records, means “destruction” as defined in 34 CFR 300.611(a).

(d) “Diploma” means a regular high school diploma that reflects the achievement of the academic standards adopted by the local school board for earning a regular high school diploma detailed in Ed 306.

(e) “Disability” means any of the conditions listed in 34 CFR 300.8(c).

(f) “Disinterested party” means a party who has no personal or professional interest in the outcome of a dispute in which they mediate.

(g) “Division for children, youth and families” (DCYF) means the division for children, youth and families of the New Hampshire department of health and human services.

(h) “Early intervening services” means the coordinated services for students in kindergarten through grade 12 who are not currently identified as needing special education or related services but who need additional academic and behavior support, with emphasis on services for students in kindergarten through grade 3, as defined in 34 CFR 300.226.

(i) “Education records” means “education records” as defined in 34 CFR 300.611(b).

(j) “Electronic mail” means the secure electronic exchange of information necessary to comply with the requirements of the Act, New Hampshire statutes, and Ed 1100.

(k) “Equipment” means “equipment” as defined in 34 CFR 300.14.

(l) “Elementary and Secondary Education Act” (ESEA) means the Elementary and Secondary Education Act of 1965.

(m) “Evaluation” means “evaluation” as defined in 34 CFR 300.15 and consistent with the requirements in Ed 1107.

(n) “Evaluation process” means the completion of initial evaluations, reevaluations and assessments, a written summary report, and a meeting of the IEP team to review the results of the evaluations and assessments. When the purpose of the meeting is to determine eligibility for special education and related services, the evaluation process also includes the determination of eligibility.

(o) “Extracurricular and nonacademic activities” means those activities and services detailed in 34 CFR 300.107(b).

(p) “Family centered early supports and services” means the array of comprehensive supports and services for families who reside in NH with children, birth through age 2, who have developmental delays, are at risk for substantial developmental delays, and/or have established conditions.

(q) “File” means to deliver paper copies to the department in the format required by these rules, or to transfer information electronically.

(r) “Free appropriate public education” (FAPE) means “free appropriate public education” as defined in 34 CFR 300.17 that meets the least restrictive environment requirements detailed in 34 CFR 300.114.

(s) “Functional behavioral assessment” means an assessment of a student’s behavior.

(t) “Functional goal” means a measurable outcome that is developed by the IEP team to address a need detailed in the analysis of the student’s functional performance.

(u) “Functional performance” means how the child demonstrates skills and behaviors in cognition, communication, motor, adaptive, social/emotional, and sensory areas.

(v) “Functionally blind” means “functionally blind” as defined in RSA 186-C:2,VI.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1102.03 Definitions H-M {#sec-ed-1102.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1102.03}

(a) “Health care facility” means any hospital, nursing home, sheltered home or other facility licensed under RSA 151.

(b) “Health evaluation” means an evaluation that provides the IEP team with information on the child’s physical condition and can include, but is not limited to:

(1) A physical assessment, health screening, or both;

(2) A review of a child’s medical history;

(3) Classroom observations of the child with health related concerns; and

(4) Identification of health barriers to learning, as determined by the IEP team.

(d) “Home for children” means:

(1) Any orphanage, or institution for the care, treatment, or custody of children;

(2) As defined by RSA 170-E: 25 any child care agency, child care institution, experiential wilderness facility, and independent living home; or

(3) Any residential school approved under RSA 186-C:5.

(e) “Home instruction” means a home-based LEA placement as detailed in Ed 1111.04 that provides home instruction for school-aged children.

(f) “Independent educational evaluation” means “independent educational evaluation” as defined in 34 CFR 300.502(a)(3)(i).

(g) “Individualized education program (IEP)” means “individualized education program” as defined in 34 CFR 300.22 and which meets the requirements in Ed 1109.

(h) “Individualized education program team (IEP team)” means “individualized education program team” as defined in 34 CFR 300.23 and which meets the requirements in Ed 1103.01(b) and (c).

(i) “Individualized family service plan or (IFSP)” means “individualized family service plan” as detailed in 34 CFR 300.323. The term includes individualized family support plans.

(j) “Individuals with Disabilities Education Act (IDEA) and Individuals with Disabilities Education Improvement Act (IDEIA)” each mean the Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., as amended by the Individuals with Disabilities Education Improvement Act of 2004, and as implemented by the U.S. Department of Education’s regulations, 34 CFR 300 et seq.

(k) “Interim alternative educational setting” means the setting, as determined by the IEP team pursuant to 34 CFR 300.530(g) through 34 CFR 300.532, in which a child with a disability receives services when removed from placement for disciplinary reasons.

(l) “Interpreter services” means interpreting services provided by an interpreter for the deaf and hard of hearing who is licensed in accordance with Int 300 and RSA 326-I:2,IV that are necessary for a parent, surrogate parent, guardian, or adult student to participate in the special education process.

(m) “Interpreting services for a child with a disability” means “interpreting services for a child with a disability” as defined in 34 CFR 300.34(c)(4) and 300.322(e).

(n) “Local education agency (LEA)” means “local education agency” as defined in 34 CFR 300.28.

(o) “Local school board” means the elected governing body of the LEA which is responsible for providing elementary and secondary education to all children who reside in the district.

(p) “Local school district” means the political subdivisions of the state as defined in RSA 194:1, RSA 195:1, and RSA 195-A:1,I.

(q) “Local school board officials” means the administrators of the local school district.

(r) “Manifestation determination” means the process by which the IEP team determines whether the behavior that violated a student code of conduct is a manifestation of a student’s disability pursuant to 34 CFR 300.530(e).

(s) “Mediation” means an alternative dispute resolution process in which an impartial mediator assists the parties in resolving issues in dispute pursuant to RSA 186-C:24.

(t) “Migratory child with disabilities” means a “migratory child” as defined in 20 U.S.C. 6399(2) who has been identified as a child with a disability.

(u) “Modification” means any change in instruction or evaluation determined necessary by the IEP team that impacts the rigor, validity or both, of the subject matter being taught or assessed.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12547, eff 6-14-18

N.H. Code Admin. R. Ann. Ed 1102.04 Definitions N-R {#sec-ed-1102.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1102.04}

(a) “National Instructional Materials Access Center (NIMAC) means the center established pursuant to 34 CFR 300.172.

(b) “National Instructional Materials Accessibility Standard” (NIMAS) means the standards defined in 34 CFR 300.172.

(d) “New Hampshire Special Education Information System” (NHSEIS) means a computer-based special education database and retrieval system that confidentially maintains personally identifiable data used for program development, monitoring, compliance, and reporting to the state board of education, the New Hampshire legislative bodies, and the U.S. Department of Education.

(e) “Neutral conference” means “neutral conference” as defined in RSA 186-C:23-b.

(f) “Nonacademic services” means those services and activities set forth in 34 CFR 300.117.

(g) “Paraprofessional personnel” means personnel who do not meet the requirements of 34 CFR 300.156, and who work only under the direct supervision of qualified personnel.

(h) “Parent” means a biological or adoptive parent, surrogate parent, or a guardian pursuant to 34 CFR 300.30. Parent does not mean the state when the state has legal guardianship.

(i) “Personally identifiable” means “personally identifiable” as defined in 34 CFR 300.32.

(j) “Preschoolers” means children 3 years of age or older but less than 6 years of age who have not been enrolled in public kindergarten.

(k) “Private provider of special education” means a private or non-district special education program that provides the educational component of a child’s IEP and is subject to program approval under Ed 1114. Private provider of special education does not mean a chartered public school or a public academy.

(l) “Private school” means any school that meets the provisions of a non-public school as defined in Ed 401.01(c) and is not a chartered public school.

(m) “Professional licensed to provide a health evaluation” means anyone who, under their specific licensing, is qualified to provide a health evaluation. This may include, but is not limited to: a school nurse, a registered nurse, physician, psychiatrist, and naturopathic doctors.

(n) “Public academy” means a public academy as defined in RSA 194:23, II.

(o) “Public agency” means “public agency” as defined in 34 CFR 300.33.

(p) Public expense means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with 34 CFR 300.103.

(q) “Qualified examiner” means a person licensed or certified in the state in which the evaluation is performed, who performs a formal diagnostic assessment in the area of disability in which the person is qualified to perform the assessment as set forth Ed 1107.04, Qualified Examiners.

(r) “Receiving district” means “receiving district” as defined in RSA 193:27,V.

(s) “Related services” means “related services” as defined in 34CFR 300.34(a).

(t) “Response to scientific, research-based intervention” (RTI) means the process by which individual student instruction and student academic performance is evaluated using research based models of instruction prior to identifying a child with a learning disability as detailed in Ed 1107.02.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; amd by #13026, eff 4-10-20

N.H. Code Admin. R. Ann. Ed 1102.05 Definitions S-Z {#sec-ed-1102.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1102.05}

(a) “School day” means “school day” as defined in 34 CFR 300.11(c).

(b) “School district means “school district” as defined in RSA 195-A:1.

(d) “Special education” means “special education” as defined in 34 CFR 300.39.

(e) “State education agency” (SEA) means the New Hampshire department of education.

(f) “Services plan” means a written statement developed and implemented in accordance with 34 CFR 300.137 through 34 CFR 300.139 that describes the special education and related services that the LEA will provide to a parentally–placed child with a disability who is enrolled in a private school and has been designated to receive services, including the location of the services and any transportation necessary consistent with 34 CFR 300.132.

(g) “Special factors” means the factors that the IEP team shall consider when the team develops each child’s IEP, as provided in 34 CFR 300.324(a)(2) and in Ed 1100.

(h) “Specialist in the assessment of intellectual functioning” (SAIF) means a person certified to administer certain individualized tests by the bureau of credentialing of the department in accordance with Ed 500.

(i) “State advisory committee” means the advisory committee appointed pursuant to RSA 186-C:3-b and 34 C.F.R. 300.167.

(j) “State institution” means the New Hampshire hospital and the youth development center.

(k) “Student code of conduct” means a written policy of expectations adopted by the LEA, SAU, or private provider of special education.

(l) “Supplementary aids and services” means “supplementary aids and services” as defined in 34 CFR 300.42.

(m) “Surrogate parent” means “surrogate parent” as defined in RSA 186-C:14,II(a), namely, “a person appointed to act as a child’s advocate in place of the child’s natural parents or guardian in the educational decision-making process” who is appointed pursuant to Ed 1115.05.

(n) “Transition services” means “transition services” as defined in 34 CFR 300.43.

(o) “Universal design” means “universal design” as defined in 34 CFR 300.44.

(p) “Written affirmation” means “written affirmation” as described in 34 CFR 300.135.

(q) “Written prior notice” means “prior notice by the public agency” as described in 34 CFR 300.503.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1103 Participants in the Special Education Process

N.H. Code Admin. R. Ann. Ed 1103.01 IEP Team {#sec-ed-1103.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1103.01}

(a) The composition of the IEP team, for the purposes of Ed 1103, shall be as provided in 34 CFR 300.321 and Ed 1103.01(b) and (c).

(b) A paraprofessional shall be considered an “other individual” who has knowledge or special expertise regarding the child as referred to in 34 CFR 300.321(a)(6).

(c) A representative of DCYF and an appointed Guardian ad Litem (GAL) shall be considered “other individuals” who have knowledge or special expertise regarding the child as referred to in 34 CFR 300.321(a)(6).

(d) When any vocational, career or technical education components are being considered, the IEP team membership shall include an individual knowledgeable about the vocational education and/or career and technical education programs being considered.

(e) The LEA or parent shall notify the other party of the expected absence of a team member at least 72 hours before a scheduled meeting or upon learning of the expected absence of a team member, whichever occurs first.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1103.02 Parent Participation {#sec-ed-1103.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1103.02}

(a) The LEA shall ensure that the parent or parents of the child with a disability receive a written notice no fewer than 10 days before an IEP meeting. If the parent(s) agrees in writing, the LEA may satisfy this requirement via transmittal by electronic mail. Such an agreement shall be effective until revoked in writing. A notice sent by first class or certified U.S. mail 12 days prior to the meeting shall be deemed received 10 days before an IEP team meeting.

(b) Provided that for a manifestation determination review under 34 CFR 300.530(e) the LEA shall ensure that the parent or parents receive a written notice no fewer than 5 days before the review.

(d) The notice requirements in Ed 1103.02(a) and (b) shall be waived with the written consent of the parent.

(e) Parent participation shall be in accordance with 34 CFR 300.322 and 34 CFR 300.501(b)-34 CFR 300.501(c).

(f) The public agency shall take whatever action is necessary to ensure that the parent(s) understands the proceedings at the IEP meeting consistent with 34 CFR 300.322(e).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1104 – Special Education Process Sequence

N.H. Code Admin. R. Ann. Ed 1104.01 Sequence of Special Education Process {#sec-ed-1104.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1104.01}

The sequence of the special education process shall be:

(a) Referral;

(b) Evaluation;

(d) Development and approval of the IEP;

(e) Placement;

(f) Ongoing monitoring of the IEP; and

(g) Annual review of the IEP.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1105 Child Find

N.H. Code Admin. R. Ann. Ed 1105.01 Responsibilities of the Local Education Agency {#sec-ed-1105.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1105.01}

(a) The LEA shall comply with 34 CFR 300.111(c), relative to child find procedures.

(b) The LEA shall have policies and procedures to ensure that any child who is potentially a child with a disability attending school and for any child 2.5 years of age up to 22 years of age residing within its jurisdiction is referred to the IEP team.

(c) The child find system shall contain specific provisions to meet the particular circumstances pertinent to the following groups of persons:

(1) For children from 2.5 years of age, the LEA shall use the special education process described in Ed 1104, to find, identify, and evaluate all children who are potentially children with disabilities and who are suspected by the LEA of being in need of special education or special education and related services, thereby ensuring that an IEP will be developed and implemented for any child who is eligible for special education by age 3; and

(2) The LEA, using the special education process, shall find, identify, and evaluate all children suspected to be children with disabilities who are 2.5 years of age or older but less than 22 years of age.

(d) The child find system shall include children who are placed unilaterally in nonpublic schools within the geographic boundaries of the local school district by their parents without involving the LEA.

(e) The LEA shall provide the SEA, using NHSEIS, the following information:

(1) Data concerning children suspected, evaluated, and determined eligible for special education; and

(2) Data concerning children suspected, evaluated, and determined not eligible for special education.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1105.02 LEA Child Find Program {#sec-ed-1105.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1105.02}

(a) The LEA shall establish referral procedures which ensure that every child who is suspected or known to be a child with a disability shall be referred to the IEP team for further evaluation.

(b) Any person may refer a child under the age of 22 years to the IEP team for reasons including, but not limited, to the following:

(1) Failing to pass a hearing or vision screening;

(2) Unsatisfactory performance on group achievement tests or accountability measures;

(3) Receiving multiple academic and behavioral warnings or academic or behavior warnings or suspension or expulsion from a childcare or after school program;

(4) Repeatedly failing one or more subjects;

(5) Inability to progress or participate in developmentally appropriate preschool activities; and

(6) Receiving service from family centered early support and services.

(c) The LEA shall coordinate with area agencies and family centered early supports and services to establish a process of LEA notification of children served by family centered early supports and services consistent with the interagency agreement between the LEA and area agencies providing family centered early supports and services.

(d) The LEA, annually, shall consult with representatives of nonpublic schools within its jurisdiction and representatives of parents of parentally placed children with disabilities attending private schools within its jurisdiction to advise them of the LEA’s responsibility to identify and evaluate all children who are suspected of or known to be children with a disability and who are enrolled in such schools. Schools shall forward referrals to the IEP team for further review.

(e) The LEA shall annually contact all community agencies and programs within its jurisdiction which provide medical, mental health, early intervention, early care and education, welfare, and other human services to advise them of the LEA’s responsibility to find, identify, and evaluate all children who might be children with disabilities, and referrals from these agencies shall be forwarded to the IEP team for further evaluation.

(f) The LEA, annually, shall disseminate information which describes its child find program and shall include a description of the LEA’s special education program, including a contact person in the school system for further information or referral.

(g) The LEA, annually, shall provide all parents of children with disabilities with information regarding the parents’ rights and responsibilities under federal and state law as provided in 34 CFR 300.504 regarding special education.

(h) The LEA shall ensure that all referrals from parents and others who suspect or know a child to be a child with a disability shall be referred to the IEP team.

(i) The LEA shall provide the parents with a written notice of any referral other than one initiated by the parent, in accordance with Ed 1106.01(c).

(j) The LEA shall ensure that child find activities are completed within the applicable timelines found in Ed 1105-Ed 1108.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1105.03 Child Find For Children Placed in Homes for Children, Health Care Facilities, or State Institutions {#sec-ed-1105.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1105.03}

In order to ensure that all relevant agencies and groups within the boundaries of each local school district are aware of the LEA’s child find efforts and of the process for referring a child who is or might be involved with the court and for whom a special education program might be appropriate, the LEA shall:

(a) Appoint an LEA employee to direct the child find effort;

(b) Publicize the name of the employee’s functions, and the manner by which the employee might be contacted within the LEA;

(c) Correspond with, or contact at least once a year, agencies or groups within the area served by the LEA which might have knowledge of children with disabilities who are not being served, explaining the referral process and requesting that they refer to the LEA children under the age of 22 who might have educational disabilities; and

(d) Contact the following agencies:

(1) Local DCYF offices;

(2) Local public defenders;

(3) Local district courts;

(4) Local residential educational and treatment programs; and

(5) Social service agencies which provide medical, mental health, welfare, and other human services.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1105.04 Child Find for Children Currently Receiving Family Centered Early Supports and Services {#sec-ed-1105.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1105.04}

(a) The LEA shall develop a written early transition process for children exiting family centered early supports and services which ensures that any child who is potentially a child with a disability is evaluated and eligibility for special education is determined prior to the child’s third birthday. If the child is determined to be a child with a disability eligible for special education and related services, the LEA shall ensure that an IEP is developed and implemented on or before the child's third birthday.

(b) The transition process in Ed 1105.04(a) shall include a written interagency agreement between the LEA and the local area agencies, as defined by RSA 171-A:2,I-b responsible for the provision of family centered early supports and services in that community.

(c) The agreement shall include, but not be limited to, LEA and area agency policies, practices and procedures regarding:

(1) Practices that will enable family centered early supports and services and LEA personnel to collaborate effectively;

(2) When and how data and information will be shared, including a statement of confidentiality;

(3) A plan for maximum efficiency of meetings, including consolidation of meetings when appropriate;

(4) A process to ensure that the transition conference planning activities and other meetings are scheduled at mutually agreeable times for families, family centered early supports and services and LEA staff;

(5) Transition activities that will be in place, such as home and program visits, observations, and evaluations as needed;

(6) LEA child find activities under Ed 1105, including details about LEA and family centered early supports and services, area agency responsibilities, timelines for notification to the LEA for child find, and referral to the LEA for eligibility determination;

(7) Coordination between LEA and family centered early supports and services to conduct evaluations and assessments for determination of eligibility for special education that includes how evaluations or assessments previously administered to the child will be conducted and utilized;

(8) Participation in transition meetings and who should participate in the transition meeting, with the understanding that the special education process team for referral, evaluation, IEP development, and placement are the same; and

(9) Specific provisions that regardless of the child's date of birth in late spring, summer, or early fall, an IEP will be developed and implemented on or before the child's third birthday.

(d) The LEA shall participate in transition planning conferences arranged by the local area agency responsible for family centered early supports and services in that community.

(e) At the request of the parent, an invitation to the initial IEP meeting shall be sent to the child's family centered early supports and services service coordinator or other representatives of the family centered early supports and services system to assist with the smooth transition of services.

(f) The LEA shall report in NHSEIS whether a child referred by family centered early supports and services is a child determined to be a child with a disability or if the child is found not eligible as a child with a disability.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1106 Referral and Disposition of Referral

N.H. Code Admin. R. Ann. Ed 1106.01 Process; Provision of FAPE {#sec-ed-1106.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1106.01}

In order to provide a FAPE for children 2.5 years of age to 22 years of age there shall be a referral process in which:

(a) The LEA shall comply with 34 CFR 300.124 when accepting referrals and transitioning children from Part C of the IDEA to preschool programs;

(b) The LEA shall establish a process for referral and evaluation which includes individual participants responsible for decision-making and implementation;

(c) The LEA shall, upon receipt of a referral from any source, immediately notify the parent, in writing, of the referral;

(d) The IEP team shall, within 15 business days of the referral, determine whether the concerns raised by the referral can be:

(1) Addressed utilizing existing pupil support services available to all children;

(2) Whether additional information is required; and

(3) What evaluations, if any, are needed to address any remaining concerns raised by the referral;

(e) The IEP team shall, within 15 business days of the referral, give the parent written notice of its disposition of the referral;

(f) The notice to parents shall conform to the requirements of 34 CFR 300.503 through 300.504 and include a description of the LEA’s special education procedures;

(g) When additional testing has been determined to be necessary, the notice shall also include a request for written consent to conduct any individual evaluations needed to determine the child’s disabilities;

(h) The parent may, if the child’s parent disagrees with the IEP team’s disposition of the referral, request alternative dispute resolution as described in Ed 1122 or a due process hearing as described in Ed 1123;

(i) The LEA may take action consistent with 34 CFR 300.300 if parental consent for evaluation is not granted, or if a parent fails to respond to a request for evaluation;

(j) Written parental consent shall be required for individual evaluations to further diagnose the needs of a child already determined to be a child with a disability; and

(k) The provision of FAPE by the LEA shall comply with 34 CFR 300.101(a), through (c), and 34 CFR 300.530(d).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

Part Ed 1107 Evaluation

N.H. Code Admin. R. Ann. Ed 1107.01 Evaluation {#sec-ed-1107.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1107.01}

(a) The LEA shall comply with 34 CFR 300.301 - 34 CFR 300.311 relative to evaluations.

(b) The LEA shall comply with 34 CFR 300.302-305 relative to evaluation procedures and reevaluation. The child’s educational history shall be reviewed, including identification of the child’s past opportunities to have acquired important skills and information.

(c) For initial evaluations, the evaluation process, as defined in Ed 1102.02(n), shall be completed within 60 days after receipt of parental consent to evaluate.

(d) For reevaluations, the evaluation process as defined in Ed 1102.02(n) shall be completed within 60 days after the receipt of parental consent to evaluate, or at the conclusion of any extension provided in Ed 1107.01(e).

(e) Upon written consent of the parties, the 60 day time limit required by Ed 1107.01(d) may be extended by a specific number of days, not to exceed 30 days.

(f) For children served by family centered early supports and services, the evaluation process, including a written summary report, shall be completed prior to the child’s third birthday.

(g) If a referral is ordered by a court pursuant to RSA 169-B:22, 169-C:20 or 169-D:18, upon the receipt of the order for referral, the IEP team shall, within 15 business days of the referral, determine whether the concerns raised by the referral can be addressed utilizing existing pupil support services available to all children, whether additional information is required, and what testing, if any, is needed to address any remaining concerns raised by the referral about how the referral is determined.

(h) All of the requirements for diagnostic information specified in Ed 1107 shall apply to the selection, administration, and interpretation of vocational assessments.

(i) The LEA shall comply with 34 CFR 300.301 - 311 relative to determining the existence of a disability.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1107.02 Evaluation Requirements for Children with Specific Learning Disabilities {#sec-ed-1107.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1107.02}

(a) For purposes of evaluating whether a child has a specific learning disability, one or more of the following criteria shall be used:

(1) A discrepancy model between intellectual skills and achievements;

(2) A process that determines if the child responds to scientific, research-based intervention as part of the evaluation procedures described in 34 CFR 300.307(a)(2); and

(3) Other alternative research-based procedures as described in 34 CFR 300.307(a)(3).

(b) Each LEA shall adopt a policy describing the evaluation procedures and standards that will be used to evaluate whether a child has a specific learning disability.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1107.03 Independent Educational Evaluations {#sec-ed-1107.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1107.03}

(a) The expense incurred in any LEA evaluation procedure recommended by the IEP team shall not be the financial obligation of the parent but shall be the responsibility of the LEA or other financial resources such as, but not limited to, another public agency or Medicaid.

(b) The LEA shall comply with 34 CFR 300.502, relative to independent educational evaluation.

(c) The agency criteria determined by the LEA, as described in 34 CFR 300.502(a)(2) and 300.502(e), to the extent that they exceed qualified examiner criteria or establish geographic limitations, shall not be so restrictive that the parent does not have a choice of independent evaluators.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1107.04 Qualified Examiners {#sec-ed-1107.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1107.04}

(a) Formal diagnostic assessments shall be administered by qualified examiners.

(b) Qualified examiners for specific disabilities shall be as set forth in Table 1100.1, “Required Assessments and Qualified Examiners by Type of Disability” as follows:

Table 1100.1 Required Assessments and Qualified Examiners by Type of Disability

Disability

Assessments Required

Qualified Examiners

AUTISM

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Adaptive Behavior

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychiatrist

Psychologist

S.A.I.F.**

School Psychologist

Licensed Social Worker

Communicative Skills

Speech-Language Pathologist

Speech-Language Specialist

Health

Professional Licensed to provide a Health Evaluation

DEAF-BLINDNESS

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Hearing

Audiologist

Otolaryngologist

Otologist

Vision

Ophthalmologist

Optometrist

DEAFNESS

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Hearing

Audiologist

Otolaryngologist

Otologist

DEVELOPMENTAL DELAY –

In order to identify a child as educationally disabled as the result of a developmental delay the IEP Team must determine the child is experiencing developmental delays in one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development.

Varies based on the suspected disability

EMOTIONAL DISTURBANCE

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Social/Emotional Status

Associate School Psychologist

Psychiatrist

Psychologist

School Psychologist

HEARING IMPAIRMENT

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Hearing

Audiologist

Otolaryngologist

Otologist

INTELLECTUAL DISABILITY

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Adaptive Behavior

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychiatrist

Psychologist

S.A.I.F.**

School Psychologist

Licensed Social Worker

Intelligence

Associate School Psychologist

Psychologist

S.A.I.F.**

School Psychologist

MULTIPLE DISABILITIES –

Requires at least two concomitant disabilities which are evaluated and documented in the student’s evaluation record. This primary disability refers to concomitant impairments which cause severe educational problems

Varies based on the two or more disabilities suspected

Varies based on the assessment administered

ORTHOPEDIC IMPAIRMENT

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Health

Professional Licensed to provide a Health Evaluation

Motor Ability

Licensed Physician

Neurologist

Occupational Therapist

Physical Therapist

OTHER HEALTH IMPAIRED

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Health

Professional Licensed to provide a Health Evaluation

SPECIFIC LEARNING DISABILITY

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Intelligence

Associate School Psychologist

Psychologist

S.A.I.F.**

School Psychologist

Observation

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Hearing

Hearing Screening

Audiologist

Otolaryngologist

Otologist

School Nurse

Vision

Vision Screening

Ophthalmologist

Optometrist

School Nurse

SPEECH-LANGUAGE IMPAIRMENT

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Communicative Skills

Speech-Language Pathologist

Speech-Language Specialist

TRAUMATIC BRAIN INJURY/ACQUIRED BRAIN INJURY

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Health

Professional Licensed to provide a Health Evaluation

A minimum of 2 of the following assessments must also be completed:

Adaptive Behavior

Communicative Skills

Intelligence

Social/Emotional Status

Adaptive Behavior

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychiatrist

Psychologist

S.A.I.F.**

School Psychologist

Licensed Social Worker

Communicative Skills

Speech-Language Pathologist

Speech-Language Specialist

Intelligence

Associate School Psychologist

Psychologist

S.A.I.F.**

School Psychologist

Social/Emotional Status

Associate School Psychologist

Psychiatrist

Psychologist

School Psychologist

VISUAL IMPAIRMENT/ BLINDNESS

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

Vision

Ophthalmologist

Optometrist

**S.A.I.F., Specialist in the Assessment of Intellectual Functioning

(d) The LEA shall provide parents with copies of each examiner’s evaluation and assessment report(s) at least 5 days prior to the meeting of the IEP team at which the evaluation and assessment report(s) will be discussed. The LEA shall provide the report(s) by sending the report(s) to the parents via US mail unless the parents and the LEA agree upon another method.

(e) The parent may waive, in writing, paragraph d.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #9812, eff 11-11-10; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1107.05 Evaluation Report {#sec-ed-1107.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1107.05}

(a) The IEP team determining the child’s disabilities shall develop a written summary containing the results of the various diagnostic findings and forward a copy of the report to the parent and a copy to the LEA for the child’s records. The report shall be written after the child’s initial evaluation and thereafter if the public agency and the parent, consistent with 34 CFR 300.303, determine that a reevaluation will be conducted.

(b) The report shall include, but not be limited to:

(1) The results of each evaluation procedure, test, record, or report;

(2) A written summary of the findings of the procedure, test, record, or report; and

(3) Information regarding the parent’s rights of appeal in accordance with Ed 1123 and a description of the parent’s right to an independent evaluation in accordance with Ed 1107.03.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1108 Determination of Eligibility for Special Education

N.H. Code Admin. R. Ann. Ed 1108.01 Determination of Eligibility for Special Education {#sec-ed-1108.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1108.01}

(a) The LEA shall comply with 34 CFR 300.301-311 relative to determination of eligibility.

(b) For determination of eligibility, the composition of the IEP team described in 34 CFR 300.306 shall be the IEP team.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1109 The Individualized Education Program

N.H. Code Admin. R. Ann. Ed 1109.01 Elements of an Individualized Education Program {#sec-ed-1109.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1109.01}

(a) Each IEP shall include:

(1) The elements listed in 34 CFR 300.320;

(2) The length of the school year and the school day required to implement the IEP;

(3) The types of service providers who would be responsible for implementing the IEP or the names of those providers;

(4) A statement identifying the party or parties assuming the financial responsibility for the implementation of the IEP;

(5) The signature of the parent or, where appropriate, student, and representative of the LEA stating approval of the provisions in the IEP;

(6) Short-term objectives or benchmarks for all children unless the parent determines them unnecessary for all or some of the child’s annual goals;

(7) Short-term objectives or benchmarks for all children who take alternate assessment based on alternate achievement standards;

(8) A statement of how the child’s progress toward meeting the annual goals shall be provided to the parents;

(9) A statement of how the child’s progress toward meeting the annual goals will be measured and whether progress is sufficient to achieve the annual goals by the end of the school year;

(10) A statement of transition services that meets the requirements of 34 CFR 300.43 and 34 CFR 300.320(b), with the exception that a plan for each student with a disability beginning at age 14 or younger, if determined appropriate by the IEP team, shall include a statement of the transition service needs of the student under the applicable components of the student’s IEP that focuses on the student’s courses of study such as participation in advanced-placement courses, vocational education, or career and technical education; and

(11) A statement that meets the requirements of RSA 186-C:8-a, establishing:

a. The IEP team has discussed the provisions of the statute; and

b. If necessary, the IEP team has determined accommodations are needed relative to voter registration and have added these to the IEP.

(b) All of the requirements for the IEP specified in (a) above shall apply to the development, approval, and implementation of any vocational, career, or technical education component.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1109.02 Transportation {#sec-ed-1109.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1109.02}

(a) All vehicles used to transport children with disabilities provided by, or on behalf of a school district, shall be maintained in safe working order and be inspected and licensed according to the New Hampshire department of safety rules as provided in Saf-C 1307 and RSA 266:7.

(b) All drivers of such vehicles shall be licensed according to Saf-C 1304.

(c) Parents of a child with a disability shall not be required to meet the standards of Ed. 1109.02 (a) – (b) when providing transportation to their own child.

(d) Any contracted providers of transportation for children with disabilities, including parents transporting children other than their own, shall comply with the standards of Ed.1109.02 (a) – (b).

(e ) Each person who transports children other than their own in a private passenger vehicle to or from school or a school related activity shall not be required to obtain a school bus driver's certificate pursuant to RSA 263:29 and these rules, as long as he or she is not under contract or reimbursement agreement with a municipality.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1109.03 When an IEP Is in Effect; IEP Meetings; Development, Review, and Revision of an IEP; Transition Services {#sec-ed-1109.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1109.03}

(a) The LEA shall provide special education, related services, supplementary aids and services, accommodations, and modifications to a child with a disability in accordance with the child’s IEP. IEPs shall be in effect in accordance with 34 CFR 300.323.

(b) In the case of a child with a disability aged 3 through 5 or a two-year-old child with a disability who will turn age 3 during the school year when the LEA offers special education services to children with disabilities prior to age 3, the IEP team shall consider the contents of an IFSP in accordance with 34 CFR 300.323(b).

(c) For children whose unique educational needs require IEPs which exceed the standard school year, the requirements of Ed 1110.01 shall be followed.

(d) The IEP shall be reviewed at least annually and, if necessary, revised. The IEP shall comply with 34 CFR 300.323, specifying when IEPs shall be in effect, including an IEP or IFSP for children with disabilities ages 3 through 5 or for a 2- year-old child with a disability who will turn 3 years of age during the school year.

(e) The IEP team shall determine the appropriate length of an IEP, which shall not exceed 12 months without review and approval by the IEP team.

(f) The child’s educational history shall be reviewed, including identification of the child’s past opportunities to have acquired important skills and information.

(g) IEP meetings shall be conducted in accordance with 34 CFR 300.324(b).

(h) Development, review, and revision of an IEP shall be in accordance with 34 CFR 300.324 and, when appropriate, for children with disabilities who are functionally blind, in accordance with RSA 186-C:7-b.

(i) Transition services may be provided by a participating agency other than the LEA consistent with 34 CFR 300.324(c) to ensure there is no interruption in the services detailed in the child's IEP.

(j) Transition services, other than those provided by a NH Department of Education approved special education program which the child attends, shall be monitored by LEA personnel, on no less than a weekly basis.

(k) LEAs shall comply with RSA 186-C:9 relative to required special education.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1109.04 Copies of the IEP and Evidence of Implementation {#sec-ed-1109.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1109.04}

(a) The LEA shall provide each teacher and service provider listed as having responsibilities for implementing the IEP with a copy of the complete IEP for working and monitoring purposes. In addition, the LEA shall provide a private school or non-LEA provider responsible for implementing the IEP with a copy of the IEP on or before the first day of the placement.

(b) The LEA shall maintain written evidence documenting implementation of the IEP, including:

(1) Special education and related services provided;

(2) Supplementary aids and services provided;

(3) Programs modifications made; and

(4) Supports provided for school personnel implementing the IEP.

(c) A summary of the child’s academic achievement and functional performance, including recommendations on how to meet post-secondary goals, shall be provided to the child prior to the child’s eligibility termination described in 34 CFR 300.305(e)(2).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1109.05 IEPs for Children Placed in Private Providers of Special Education or other non-LEA Programs by Public Agencies {#sec-ed-1109.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1109.05}

The LEA, as the responsible public agency, shall comply with 34 CFR 300.325 relating to private providers of special education placements by public agencies.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1109.06 Monitoring and Annual Review of IEPs {#sec-ed-1109.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1109.06}

(a) The LEA shall develop and implement procedures designed to monitor that all IEPs are implemented. The IEP team may be reconvened at any time to review the provisions of the IEP.

(b) The LEA, upon a written request for an IEP team meeting by the parent, guardian, or adult student shall:

(1) Schedule a mutually agreeable time and date for an IEP team meeting;

(2) Convene the IEP team on the mutually agreeable time and date; or

(3) Provide the parent, guardian, or adult student with written prior notice detailing why the LEA refuses to convene the IEP team that the parent, guardian, or adult student has requested.

(c) All activities detailed in Ed 1109.06(b) shall be completed within 21 days following the receipt of the written request for the IEP team meeting.

(d) The LEA, annually, shall conduct at or near the end of the term of each IEP, a meeting for the purpose of assessing the effectiveness of the present plan and to design an IEP, including extended school year services when appropriate.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1110 Extended School Year Services

N.H. Code Admin. R. Ann. Ed 1110.01 Extended School Year Services {#sec-ed-1110.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1110.01}

(a) In the provision of extended school year services, the LEA shall comply with 34 CFR 300.106.

(b) The LEA shall provide extended school year services at times during the year when school is not in session, if determined by the IEP team to be necessary for the provision of FAPE. Extended school year services shall not be limited to the summer months or to predetermined program design.

(c) ESY services, other than those provided by a NH Department of Education approved special education program which the child attends, shall be monitored by LEA personnel on no less than a weekly basis.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1111 Placement of Children with Disabilities

N.H. Code Admin. R. Ann. Ed 1111.01 Placement in the Least Restrictive Environment {#sec-ed-1111.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1111.01}

(a) Each LEA shall ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private providers of special education, are educated with children who do not have disabilities and that, consistent with 34 CFR 300.114, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) A child with a disability shall be admitted to regional vocational, career or technical education center programs on the basis of vocational needs as outlined in the child’s IEP and availability of space. However, the LEA shall ensure that any child who requires vocational education and/or career and technology education as part of FAPE shall receive such services as determined by the IEP team in the least restrictive environment.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1111.02 Continuum of Alternative Educational Environments {#sec-ed-1111.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1111.02}

(a) The LEA shall comply with the requirements of 34 CFR 300.115, relative to continuum of alternative educational environments as set forth in table 1100.2 and table 1100.3.

(b) School districts shall, at a minimum, give evidence that the continuum of alternative educational environments from least restrictive to most restrictive set forth in table 1100.2, “Continuum of Alternative Educational Environments for Children Ages 3-5.” and as set forth in table 1100.2, “Continuum of Alternative Educational Environments for Children Ages 6-22” and as set forth in table 1100.4, “Continuum of Alternative Educational Environments –Ages 6-22” is available or would be made available as placements for children with disabilities, including children of preschool age.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1111.03 Placement Decisions {#sec-ed-1111.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1111.03}

(a) The IEP team shall make placement decisions in accordance with 34 CFR 300.116.

(b) Preschool children with disabilities shall be educated in an educational environment that is appropriate to implement the IEP or IFSP and is the least restrictive environment consistent with 34 CFR 300.116 placements.

(c) Preschool children with disabilities may receive their special education program in any of the environments listed in Table 1100.2 as follows:

Table 1100.2 Continuum of Alternative Educational Environments—Ages 3-5

Preschool Educational Environments

Description

Early childhood program

A preschool child with a disability attends an early childhood program that includes at least 50% nondisabled children.

Home

A preschool child with a disability receives some or all of his or her supports and services in the child’s home.

Early childhood special education program

A preschool child with a disability attends an early childhood special education program which can include any of the classrooms described in Ed 1113.10(c)(5).

Service provider location

A preschool child with a disability receives supports and services from a service provider.

Separate school

A preschool child with a disability attends a publicly or privately operated separate day school facility designed specifically for children with disabilities.

Residential facility

A preschool child with a disability attends a publicly or privately operated residential school or residential medical facility on an inpatient basis.

(d) Children ages 6-22 may receive their special education program at any of the environments listed in Table 1100.3 as follows:

Table 1100.3 Continuum of Alternative Educational Environments—Ages 6-22

Educational Environments

Description

Regular Education Setting

A child with a disability attends regular class with supports and services required in the IEP.

Resource room

A child with a disability attends a regular class and receives assistance at or through the special education resource room for no more than 60% of the child’s school day.

Self-contained Special Education Class

A child with a disability attends a self-contained special class for more than 60% of their school day.

Separate Approved Special Education Program or School

A child with a disability attends a publicly or privately operated special education program or school.

Residential placement

A child with a disability attends a publicly or privately operated residential program.

Home Instruction

A child with a disability receives all or a portion of his or her special education program at home.

Hospital or institution

A child with a disability receives special education while in a hospital or institution.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17 (from Ed 111.02); ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1111.04 Home Instruction for School-Aged Children with Disabilities {#sec-ed-1111.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1111.04}

(a) Home instruction shall be an alternative placement for children at least 6 years of age but less than 22 years of age in accordance with CFR 300.115.

(b) This section shall not apply to children with disabilities who have been removed from school for violations of a code of student conduct or removals to an interim alternative educational setting as authorized in 34 CFR 300.530(b) through (d) and 300.532(b). Such children shall receive services consistent with Ed 1124, provided that such services, if provided at the child’s home, shall consist of:

(1) A minimum of 10 hours/week of instruction, including special education as specified in the child’s IEP; and

(2) Related services as specified in the child’s IEP.

(c) Home instruction for children at least 6 years of age but less than 22 years of age shall not include parent-designed home instruction programs as authorized in Ed 315.

(d) Pursuant to CFR 300.116, a child’s placement shall be determined at least annually and shall be based on the child’s IEP.

(e) Children who are placed in home instruction shall be allowed to participate with nondisabled children to the maximum extent appropriate to the needs of the child, as required by 34 CFR 300.114(a)(2)(i).

(f) Length of the school year and school day for a home instruction placement shall be consistent with RSA 186-C: 15 except as follows:

(1) When the superintendent has excused a student from full-time attendance in accordance with RSA 193:1, I (c) or RSA 193:5, in which case the superintendent and parent shall agree on the number of hours per week of instruction, including special education and related services that the student shall receive; or

(2) For children with disabilities ages 18-22, the procedures in (1) above shall apply as if the child with a disability were under 18 years of age.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17 (from Ed 1111.05); ss by #13773, eff 10-12-23

Part Ed 1112 Parentally Placed Children with Disabilities

N.H. Code Admin. R. Ann. Ed 1112.01 Parentally Placed Children With Disabilities When FAPE Is Not At Issue {#sec-ed-1112.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1112.01}

The provisions of 34 CFR 300.130 through 34 CFR 300.144 shall govern the provision of special education and related services to children with disabilities who are not covered by Ed 1112.02 or Ed 1112.03.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1112.02 Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue {#sec-ed-1112.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1112.02}

When a child with a disability is placed by his or her parents in a private school because the parents believe the LEA has not provided FAPE, the provision of and reimbursement for education, including special education and related services, for children with disabilities enrolled by their parents in a private school shall be governed by 34 CFR 300.148.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1112.03 Children with Disabilities Receiving Home Education {#sec-ed-1112.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1112.03}

Children with disabilities who are receiving home education under RSA 193-A shall not be considered to be children attending a private school.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1113 Requirements for the Development and Operation of Programs for Children with Disabilities Administered by Local Education Agencies

N.H. Code Admin. R. Ann. Ed 1113.01 Applicability {#sec-ed-1113.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.01}

Ed 1113 shall apply to all public schools and public academies.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.02 Required IEP Compliance; Programming in Appropriate Learning Environments {#sec-ed-1113.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.02}

(a) An IEP shall comply with 34 CFR 300.320, 324(c), and 325.

(b) When children with disabilities participate in regular education classes or programs, the integrity and appropriateness of the curricula of the classes or programs shall be maintained for both the children with disabilities and the children who do not have disabilities.

(c) Each LEA shall provide for a continuum of alternative placements for each child with a disability as required in 34 CFR 300.115. In addition, each IEP shall describe the extent to which each child with a disability shall be involved in and progress in the general curriculum and regular class placement as required in 34 CFR 300.320.

(d) If required by the child’s IEP, each LEA shall provide related services as defined in Ed 1102.04(q) to the child or the child’s teacher, or to both the child and the child’s teacher.

(e) If required by the child’s IEP, each LEA shall provide for supplementary aids and services as defined in 34 CFR 300.42.

(f) Each public agency shall comply with 34 CFR 300.107-300.108, 34 CFR 300.110, and 34 CFR 300.320(a)(4), and 34 CFR 300.117 relative to making program options, nonacademic services, and physical education available to children with disabilities.

(g) If required by the child’s IEP, each LEA shall provide the supports for school personnel as required by 34 CFR 300.320(a)(4).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.03 Establishment of Education Programs for Children with Disabilities {#sec-ed-1113.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.03}

(a) A program for preschool children with disabilities may be home-based, school-based, or a combination of both. The preschool program shall consist of special education or special education and related services, the specific manner and duration of which shall be provided according to the preschool child’s IEP.

(b) An LEA shall:

(1) Establish an approved program or programs for children with disabilities;

(2) Enter into cooperative agreements with other LEAs to provide approved programs for children with disabilities; or

(3) Pay tuition to such an approved program maintained by another LEA or by a private organization, as required by RSA 186-C:10.

(c) Each program maintained by, or contracted through, a public agency shall provide that children with disabilities are educated with nondisabled children in accordance with the requirements of 34 CFR 300.114.

(d) A program for children with disabilities shall provide those components of the child’s approved IEP as required in 34 CFR 300.320.

(e) Instruction shall be provided to implement the IEP of a child with a disability who is in a hospital or institution for medical treatment. In such cases, the LEA shall not be required to pay for medical services except to the extent that medical services are included in the definition of related services in Ed 1102.04(q).

(f) The LEA shall designate the individuals responsible for supervision of children with disabilities. Personnel responsible for these activities shall include the superintendent of schools or the superintendent’s representative, the building principal, and special supervisors.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.04 Behavioral Interventions {#sec-ed-1113.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.04}

(a) Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students.

(b) An LEA, other public agency, private provider of special education or other non-LEA program shall not employ any of the following aversive behavioral interventions:

(1) Any procedure intended to cause physical pain;

(2) Aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation;

(3) Any non-medical mechanical restraint that physically restricts a student’s movement;

(4) Contingent food or drink programs;

(5) Electrical stimulation;

(6) Placement of a child in an unsupervised or unobserved room from which the child cannot exit without assistance; and

(7) Physical restraint, unless in response to a threat of imminent, serious, physical harm pursuant to RSA 126-U.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.05 Emergency Intervention Procedures {#sec-ed-1113.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.05}

All crisis or emergency intervention procedures shall be included in the student’s IEP and shall comply with Ed 1113.04 and RSA 126-U:5

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.06 Standards for the Education of Students with Disabilities {#sec-ed-1113.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.06}

RESERVED

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; rpld by #10590, eff 5-15-14

N.H. Code Admin. R. Ann. Ed 1113.07 Prohibition on Mandatory Medication {#sec-ed-1113.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.07}

As provided in 34 CFR 300.174, an LEA, other public agency, private provider of special education or other non-LEA program shall not require parents to

obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substance Act, 21 U.S.C. 812(c), for a child as a condition of attending school, receiving an evaluation, or receiving services.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.08 Curricula {#sec-ed-1113.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.08}

(a) The LEA shall ensure that every preschool child with a disability has full access to appropriate preschool activities, in compliance with 34 CFR 300.320(a)(1)(ii).

(b) The LEA shall ensure that every child with a disability has full access to the LEA’s general curriculum, in compliance with 34 CFR 300.320(a)(4).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.09 Equipment, Materials and Assistive Technology {#sec-ed-1113.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.09}

(a) Each LEA shall provide in an appropriate and timely manner, instructional equipment and materials adequate to implement the IEP for each child with a disability, as required by 34 CFR 300.105.

(b) Each LEA shall monitor the proper functioning of hearing aids, as required by 34 CFR 300.105, low vision aids, and other orthotic and prosthetic devices and assistive technology services and devices defined in 34 CFR 300.5–300.6 used by children with disabilities in school. Each LEA shall also provide for the necessary repairs for hearing aids, low vision aids, and other orthotic and prosthetic devices and adaptive equipment.

(c) Each LEA shall ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as part of the child’s special education, related services or supplementary aids and services stated in the child’s IEP and as required in 34 CFR 300.105.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.10 Class Size and Age Range {#sec-ed-1113.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.10}

(a) The following shall apply to the early childhood program for children with disabilities ages 3 through 5:

(1) A preschool child may receive some or all special education and related services in a regular early childhood program as determined by the IEP team; and

(2) Qualified personnel shall provide services as identified in the IEP or IFSP.

(b) The following shall apply to the home program for children with disabilities ages 3 through 5:

(1) A preschool child may receive some or all special education and related services in the child’s home, as determined by the IEP team; and

(2) Qualified personnel, as identified in the IEP or IFSP, shall provide services in the home.

(c) The following shall apply to early childhood special education programs which are made up of early childhood special education classes:

(1) An early childhood special education class shall be considered a special education class when it includes less than 50% children without disabilities;

(2) In an early childhood special education program there may be more than one early childhood special education class;

(3) The LEA shall ensure the individual needs of the children with disabilities can be met when determining the number of children to be enrolled and staffing in the early childhood special education class;

(4) Preschool children with disabilities will be placed in an early childhood special education program consistent with Ed 1111.01(a) and CFR 300.114;

(5) Preschool children in an early childhood special education class shall be between the ages of 3 and 5 years of age, a 2 year old who turns 3 during the school year, or a 5 year old who turns 6 after September 30 of the school year;

(6) The minimum teacher to student ratio in all early childhood special education classes shall be:

a. One qualified teacher for one to 8 preschool students;

b. One qualified teacher and one qualified paraprofessional for 8-12 preschool students unless the needs presented by the severity of the disabilities warrants the assignment of additional staff; or

c. Two qualified teachers for 8-12 preschool students;

(7) The maximum number of preschool children in an early childhood special education class shall be 12; and

(8) Regardless of the specific teacher-student ratio, each program shall provide personnel who are endorsed in the area of disability consistent with the student population of the program.

(d) The following shall apply to a self-contained special education class grades K - 12:

(1) A special education class shall be considered self-contained when children with disabilities spend more than 60 percent of their day in that setting;

(2) A minimum teacher to student ratio in all self-contained programs shall be:

a. One qualified teacher for one to 8 students;

b. One qualified teacher and one qualified paraprofessional for 8 to 12 students unless the needs presented by the severity of disabilities warrants the assignment of additional staff; or

c. Two qualified teachers for 8 to 12 students;

(3) The maximum number of children in a self-contained classroom shall be 12;

(4) Children ages 6 –16 in self-contained special education classes shall have an age range of not more than 4 years;

(5) Self-contained programs shall, to the greatest extent possible, include students of comparable developmental and functional levels;

(6) Regardless of the specific teacher-student ratio, each program shall provide personnel who are endorsed in the area of disability consistent with the student population of the program;

(7) Children in self-contained special education classes on the elementary level shall have an age range of not more than 4 years; and

(8) On the junior and senior high school levels, children in self-contained classes shall have an age range of not more than 4 years and an academic range of not more than 5 years.

(e) The following shall apply to resource rooms:

(1) Resource rooms shall serve children with disabilities for no more than 60 percent of the child’s school day as an adjunct to assignment to regular educational programs;

(2) Children with disabilities shall not receive all of their academic instruction in resource rooms;

(3) The total number of children with disabilities being served in the resource room at any given time shall not exceed 12 children without the assistance of support personnel;

(4) The maximum number of children with disabilities served in a resource room at any given time shall be 20; and

(5) The LEA shall ensure that the abilities of the resource room teacher match the needs of the children with disabilities and that the resource room teacher is capable of implementing the IEPs of all the children with disabilities assigned to the resource room.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.11 Facilities and Location {#sec-ed-1113.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.11}

(a) Classrooms and other instructional areas for children with disabilities shall be located in a building with children of similar chronological age.

(b) Physical space for classrooms and other instructional program areas for children with disabilities shall meet the state requirements in Ed 321.10 and Ed 321.11 for physical space for classrooms and other instructional programs for other children enrolled at the school.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1113.12 Personnel Standards {#sec-ed-1113.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.12}

(a) Personnel providing services to children with disabilities in public elementary and secondary schools shall be appropriately and adequately trained as required by 34 CFR 300.156.

(b) Paraprofessional personnel providing services to children with disabilities shall:

(1) Work under the supervision of a certified special education teacher;

(2) Be supervised and observed by a certified special education teacher under whom they work as often as deemed necessary by the LEA, but no less than once each week;

(3) Implement a plan designed by the certified educator;

(4) Monitor the behavior of children with whom they are working; and

(5) Assist in the provision of special education and related services.

(1) Design programs;

(2) Evaluate the effectiveness of programs;

(3) Assume responsibilities of a teacher or a substitute teacher; or

(4) Instruct a child with a disability.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12547, eff 6-14-18

N.H. Code Admin. R. Ann. Ed 1113.13 Diplomas {#sec-ed-1113.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.13}

(a) LEAs shall provide all children with disabilities an equal opportunity to complete a course of studies leading to a regular high school diploma, and in accordance with 34 CFR 300.102(a)(3), the awarding of a document other than a regular high school diploma shall not terminate the child’s eligibility for FAPE.

(b) Children with disabilities shall be entitled to continue in an approved program until such time as the child has acquired a regular high school diploma or has attained the age of 22, whichever occurs first, or until the IEP team responsible for evaluating the child and determining whether the child has a disability determines that the child no longer has a disability in accordance with Ed 1107.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1113.14 The Length of the School Year {#sec-ed-1113.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.14}

(a) The length of the school year for preschool children with disabilities shall be determined by the IEP team and included in the IEP or IFSP as required by Ed 1109.01(a).

(b) The LEA shall provide a standard school year for children ages 6 – 22 as required by RSA 186-C:15, I, RSA 189:1, RSA 189:24, and Ed 306.18-Ed 306.21.

(c) Children with disabilities ages 3 - 22 in need of extended school year services shall receive extended school year services in accordance with Ed 1110.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1113.15 The Length of the School Day {#sec-ed-1113.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1113.15}

(a) The length of the school day for preschool children with disabilities shall be determined by the IEP team and shall be included in the IEP or IFSP as required by Ed 1109.01(a).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1114 Standards for Approval of Private Providers of Special Education and Non-Lea Programs

N.H. Code Admin. R. Ann. Ed 1114.01 Applicabilit {#sec-ed-1114.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.01}

y. Ed 1114 shall apply to private providers of special education and other non-LEA operated programs, including state-operated programs.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.02 Definition {#sec-ed-1114.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.02}

As used in Ed 1114, “governing body” means the individual or group of individuals legally responsible for the policies, operations, and activities of a private provider of special education or other non-LEA program.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.03 Governance {#sec-ed-1114.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.03}

(a) A private provider of special education or other non-LEA program shall be responsible for providing students with disabilities all services detailed in their IEPs unless the provision of those services has been agreed upon by contract with the sending LEA.

(b) A private provider of special education or other non-LEA program shall have a clearly identifiable governing body which shall be responsible for ensuring the program’s compliance with the program charter, constitution, or other organization document or agreement and with the terms of all leases, contracts, or legal agreements to which the program is a party.

(c) The governing body shall ensure that the program is in compliance with all federal, state, and local laws concerning the education of children with disabilities including the IDEA and RSA 186-C.

(d) The governing body shall appoint a person to act as chief administrator with authority to manage the affairs of the program.

(e) The governing body shall ensure that there are sufficient funds to operate the program and that the school finances are handled according to generally accepted accounting principles. The governing body shall review and approve the annual budget and budget audit of the program.

(f) A private provider of special education or other non-LEA program shall keep on permanent file documents clearly identifying the program’s ownership and the legal basis for the program’s operation.

(g) A private provider of special education or other non-LEA program shall keep on permanent file a current list of the names and addresses of all members of the program’s board of directors. The list shall identify the officers of the board and the terms of office of such officers.

(h) A private provider of special education or other non-LEA program shall have written minutes of all meetings of the governing body.

(i) A private provider of special education or other non-LEA program shall file with the department documents which fully identify its ownership. A corporation, partnership, or association shall file its charter, partnership agreement, constitution, articles of association, or by-laws.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.04 Administration {#sec-ed-1114.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.04}

(a) Each private provider of special education or other non-LEA program shall demonstrate fiscal accountability through regular recording of its finances and an annual external audit consistent with the requirements detailed in Ed 1129. The audit shall be available to the department upon request. The audit standards detailed in Ed 1129 shall apply to both non-profit and for profit programs.

(b) Each private provider of special education or other non-LEA program shall have written policies which comply with the provisions of the IDEA and RSA 186-C.

(c) Each private provider of special education or other non-LEA program shall have written policies and procedures for the protection of confidential information, in accordance with Ed 1119 including:

(1) The release of information to other persons and agencies; and

(2) Written procedures and schedules for destruction of outdated files and records.

(d) Each private provider of special education or other non-LEA program shall maintain the confidentiality of records in compliance with 34 CFR 300.623.

(e) Each private provider of special education or other non-LEA program shall have a written statement specifying its philosophy, purposes, and program orientation and describing both short and long-term aims. The statement shall identify the types of services provided and the characteristics of the children to be served by the program. The statement of purpose shall be available to the public on request.

(f) A private provider of special education or other non-LEA program shall maintain on permanent file a written description of the admission process, including a description of all admissions criteria and identification of the disabilities of the children served by the program.

(g) A private provider of special education or other non-LEA program shall maintain on permanent file a written plan for professional development of all staff involved in providing direct services to students, in accordance with Ed 500 certification standards for educational personnel in New Hampshire.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.05 Program Requirements {#sec-ed-1114.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.05}

(a) Each private provider of special education or other non-LEA program shall have a written description of admissions policies and criteria which it shall provide to all placing agencies and shall make available to the parent of any child referred for placement.

(b) The written admission policies and criteria required in Ed 1114.05(a) shall include:

(1) Policies and procedures related to intake;

(2) The age and sex of children in care;

(3) The needs, problems, situations, or patterns best addressed by the program;

(4) Any other criteria for admission;

(5) Criteria for discharge;

(6) Any preplacement requirements for the child, the parent, and the placing agency; and

(7) Accessibility to educational materials.

(c) Prior to enrollment, the sending LEA shall send a copy of the child’s IEP that meets all the requirements of Ed 1109 to each private provider of special education or other non-LEA program.

(d) A private provider of special education shall cooperate with the LEA by making staff available to participate in IEP meetings at mutually agreeable times and places.

(e) The private provider of special education or other non-LEA program shall not unilaterally modify a child’s IEP.

(f) The private provider of special education or other non-LEA program shall not accept any students with disabilities for which the program is not approved.

(g) In each private provider of special education or other non-LEA program, all children with disabilities shall have access to equal educational opportunities within their programs and access to and ability to progress in the general curriculum as required under 34 CFR 300.320.

(h) A private provider of special education or other non-LEA program shall have an established system of routine communication among all staff members of the program who provide direct services to a child, including both instructional and residential services. All staff members involved in providing direct services to a child with a disability shall participate in the process of planning for that child and shall know the contents of that child’s IEP and all other reports and evaluations, as appropriate to their role and responsibilities.

(i) A private provider of special education or other non-LEA program shall identify and utilize available resources, both on campus and in the community, which provide opportunities for experiences in the least restrictive environment.

(j) All administrative, instructional, and related service staff shall hold appropriate certification or licensure for the position in which they function as required by the state of New Hampshire, and other licensing entities. The determination of credentials required shall be made by the department.

(k) Students enrolled in private providers of special education shall participate in the statewide education improvement and assessment program as provided in RSA 193-C and as required by 34 CFR 300.157 and 300.320.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.06 Responsibilities of Private Providers of Special Education or Other Non-LEA Programs in the Implementation of IEPs {#sec-ed-1114.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.06}

(a) Each private provider of special education or other non-LEA program shall, in all matters concerning possible changes and/or modifications in the identification, evaluation, development and/or revision of an IEP, or changes in placement of a child with a disability, contact the sending school district for the purpose of initiating the process for changing any of the above in compliance with Ed 1109.05.

(b) The private provider of special education or other non-LEA program shall provide all facilities, equipment, and materials necessary for the implementation of any IEP or portion thereof which the program has agreed to implement. The private provider of special education or other non-LEA program shall implement all components of each child’s IEP in the amount and for the duration so specified.

(c) Each private facility or other non-district program shall provide all transportation required for the implementation of any IEP, or portion of any IEP, which the program has agreed to implement.

(d) The private facility or other non-district program shall provide transportation in accordance with Ed. 1109.02.

(e) All vehicles providing transportation for students shall be insured as provided in Ed 1114.19(c)(2) and 1129.08 (ak).

(f) Daily lesson plans shall be clear, concise, and reflective of the IEP goals for each child. They shall reflect any staff input and related reports and evaluations provided by the agencies responsible for the student’s education and welfare.

(g) A mid-year review and annual evaluation of each child’s progress relative to the written IEP shall be conducted by the sending LEA and the private provider of special education or other non-LEA program.

(h) If a private provider of special education or other non-LEA program determines that any child with a disability placed at the facility or program is not making progress toward meeting his or her IEP goals at the rate anticipated, the facility or program shall immediately contact the LEA for the purpose of reviewing the IEP and considering modifications.

(i) Each private provider of special education or other non-LEA program shall complete a minimum of 3 comprehensive reports per year on each child with a disability enrolled in the program.

(j) The reports required in Ed 1114.06 (i) shall:

(1) Describe the child’s progress toward meeting the IEP goals;

(2) Include a record of attendance;

(3) Be written in terminology understandable to the parent; and

(4) Be provided to the sending LEA and the parent of the child.

(k) Reports provided to parents shall be in the native language or other mode of communication used by the parent.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.07 Behavioral Interventions {#sec-ed-1114.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.07}

(a) Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students.

(b) Each private facility or other non-district program shall have a written statement of the policies and procedures followed by the program in managing student behavior. This statement shall be provided to the sending LEA and the parent at the time each child with a disability becomes enrolled in the program, at the time of the annual review of the child's educational progress, and any time the facility or non-district program's policies and procedures for managing behavior are revised.

(c) A private facility or other non-district program shall not employ any measure which is aversive in nature or which subjects a child with a disability enrolled in that program to humiliation or unsupervised confinement or to abuse or neglect as defined in RSA 169-C, the Child Protection Act, or which deprives the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child's mental, emotional, or physical health consistent with Ed. 1114.07.

(d) Each private facility or other non-district program shall train staff in child management techniques. The program shall administer discipline equitably and with respect and courtesy towards the child.

(e) Each private facility or other non-district program shall have a written procedure based on state and federal law concerning the reporting of suspected instances of child abuse.

(f) An LEA, or other public agency, private provider of special education or other non-LEA program shall not employ any of the following aversive and deprivation behavioral interventions:

(1) Any procedure intended to cause physical pain;

(2) Aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation;

(3) Any non-medical mechanical restraint that physically restricts a student’s movement;

(4) Contingent food or drink programs;

(5) Electrical stimulation;

(6) Placement of a child in an unsupervised or unobserved room from which the child cannot exit without assistance; and

(7) Physical restraint, unless in response to a threat of imminent, serious, physical harm, pursuant to RSA 126-U.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by#10590, eff 5-15-14; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.08 Emergency Intervention Procedures {#sec-ed-1114.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.08}

All crisis or emergency intervention procedures shall be included in the student’s IEP and shall comply with Ed 1114.07 and RSA 126-U:5.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.09 Standards for the Education of Students with Disabilities {#sec-ed-1114.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.09}

RESERVED

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; rpld by #10590, eff 5-15-14

N.H. Code Admin. R. Ann. Ed 1114.10 Qualifications and Requirements for Instructional, Administrative, and Support Personnel {#sec-ed-1114.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.10}

(a) All administrative, instructional, and related service staff shall hold appropriate certification for the position in which they function as required by the state of New Hampshire or other licensing entity. Evidence of such qualification shall be on record with the program.

(b) Each private provider of special education or other non-LEA program shall maintain records demonstrating that each of the employees of that program meets the health requirements for public school employees in the state of New Hampshire in accordance with RSA 200:36.

(c) Each private provider of special education or other non-LEA program shall have written procedures for supervising and evaluating the performance of all staff members.

(d) Each private provider of special education or other non-LEA program shall have a written plan for in-service and pre-service training of staff, in accordance with Ed 500 certification standards for educational personnel in New Hampshire.

(e) Each private provider of special education or other non-LEA program shall have written job descriptions covering all staff positions which shall be made available to the department.

(f) Each private provider of special education or other non-LEA program shall complete a background investigation and a criminal history records check on every selected applicant prior to employment consistent with Ed 1114.11.

(g) Each private provider of special education or other non-LEA program which offers swimming or other water activities in its program shall provide a qualified water safety instructor or senior lifesaver to be on duty whenever children with disabilities are in the swimming program or other water activity.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.11 Employee and Volunteer Background Investigations {#sec-ed-1114.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.11}

(a) Each private provider of special education or other non-LEA program, including any individual providing direct services to the student pursuant to Ed 1126.05, shall complete a background investigation, consistent with the provisions of RSA 189:13-a, prior to a final offer of employment.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.12 Change in Placement or Termination of the Enrollment of a Child With a Disability {#sec-ed-1114.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.12}

(a) A private provider of special education or other non-LEA program which believes it can no longer implement a child’s IEP or provide FAPE shall immediately convene or request the convening of the IEP team to review the facility’s or program’s concerns and to amend the IEP and placement, if necessary.

(b) An IEP meeting convened under Ed 1114.12 shall:

(1) Review the child’s needs;

(2) Determine whether the current IEP meets the needs of the child and, if appropriate, propose changes to the IEP;

(3) Review the child’s current placement; and

(4) Determine whether the placement can fully implement the child’s IEP and provide FAPE.

(c) If the IEP team determines that the current placement cannot implement the IEP and provide FAPE, the LEA shall immediately place the child in an approved facility or program which can implement the IEP and provide FAPE.

(d) If a private provider of special education or other non-LEA program wishes to suspend or expel a child, it shall immediately inform the LEA. The LEA shall comply with the disciplinary procedures in 34 CFR 300.530- 34 CFR 300.536.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.13 Parent Access to Education Records {#sec-ed-1114.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.13}

Each private provider of special education or other non-LEA program shall ensure that all parents of children with disabilities have an opportunity to inspect and review all education records relating to the child, in accordance 34 CFR 501.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.14 Class Size {#sec-ed-1114.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.14}

Each private provider of special education or other non-LEA program shall conform to the requirements of Ed 1113.10 with respect to special education class sizes, teacher-student ratios, and the age range within each class.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.15 Calendar Requirements {#sec-ed-1114.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.15}

Each private provider of special education or other non-LEA program shall provide a written annual school calendar identifying the instructional days per year and the instructional hours per day, in accordance with Ed 1113.14 and Ed 1113.15.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.16 Physical Facilities {#sec-ed-1114.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.16}

(a) Each private provider of special education or other non-LEA program shall ensure that the grounds and all structures on the grounds of the program are maintained in good repair and are free from any danger to health or safety.

(b) Each private provider of special education or other non-LEA program shall develop a written schedule of maintenance and housekeeping activities to ensure that the grounds and facilities are safe and promote the health of children enrolled in the program.

(c) All physical facilities in each private provider of special education or other non-LEA program used for any purpose for the education of children with disabilities shall be in compliance with New Hampshire health and fire regulations for non-public schools as established by public health statute RSA 200:11, Ed 306.07(a) - (b), Saf-C 6000, and New Hampshire school building standards as required under Ed 403.01(c) to ensure the comfort and health of children enrolled in the facility or program.

(d) Each private provider of special education or other non-LEA program shall have written procedures to protect children from hazards such as:

(1) The presence of asbestos;

(2) The presence of lead paint;

(3) Storage of hazardous materials;

(4) Garbage disposal;

(5) Vermin infestation;

(6) Storage of food;

(7) Storage of medicines; and

(8) Any unsafe access to electrical, plumbing, and heating systems.

(e) A private facility or other non-LEA program shall have a policy that ensures that bathrooms, classrooms, and other areas where children spend time at the facility, are regularly cleaned to maintain health and sanitation.

(f) A private provider of special education or other non-LEA program shall have securely locked storage spaces for all harmful, poisonous, or toxic materials that shall not be used for any other purpose. Keys to locked storage spaces shall be available only to authorized staff members.

(g) Fences at a private provider of special education or other non-LEA program shall be in good repair.

(h) Hazardous areas at a private provider of special education or other non-LEA program, such as steep grades, cliffs, open pits, swimming pools, high voltage boosters, or high speed roads, shall be fenced off or have natural barriers to protect children.

(i) Playground equipment at a private provider of special education or other non-LEA program shall be so located, installed, and maintained as to ensure the safety of children.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.17 Child Care {#sec-ed-1114.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.17}

(a) The day care and residential components of all private providers of special education or other non-LEA programs shall meet all applicable federal, state, and local rules governing the day and residential care of children with disabilities.

(b) Each private provider of special education or other non-LEA program shall be responsible for the total care of any child with a disability who resides at the program. The program shall attend to the physical and emotional health of resident children. The program shall provide resident children with regular nutritious meals, opportunities for proper exercise, age-appropriate recreational activities, and opportunities for positive social encounters.

(c) Each private provider of special education or other non-LEA program shall provide properly qualified, trained, and supervised child care workers to staff day and residential programs.

(d) Each private provider of special education or other non-LEA program shall identify children with emergent emotional or physical problems and consult with the appropriate representatives of the sending LEA and the child’s parent.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.18 Health and Medical Care {#sec-ed-1114.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.18}

(a) Each private provider of special education or other non-LEA program shall have written procedures to ensure that children with disabilities receive prompt and competent medical attention in the event of injury or illness while at the program or while participating in any program or activity while in the custody of the program.

(b) Each private provider of special education shall provide staff training in first aid, including training in the administration of CPR.

(c) Each private provider of special education or other non-LEA program shall have formulated written policies and procedures regarding the use and administration of medicine to children in compliance with state law and rules. Medication shall be dispensed only under medical order.

(d) Each private provider of special education or other non-LEA program shall maintain locked storage space for prescription drugs which shall only be accessible to persons authorized to dispense them.

(e) When a child has an illness that is contagious or poses a health threat to other children enrolled in a private provider of special education or other non-LEA program, the program shall immediately notify the child’s parent(s), the sending LEA, the department, and the bureau of communicable disease control of the department of health and human services.

(f) In the case of an accident injuring a child, a private provider of special education or other non-LEA program shall immediately notify the child’s parent(s), the sending LEA, the department, and the local law enforcement agency.

(g) In the case of the death of a child, a private provider of special education or other non-LEA program shall immediately notify the child’s parent(s), the sending LEA, the department, and the local law enforcement agency.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.19 Insurance Coverage {#sec-ed-1114.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.19}

(a) Each private provider of special education or other non-LEA program which accepts prepayment of public funds, directly or indirectly, shall maintain bonding in an amount adequate to cover the amount of public funds received and expenses associated with the recovery of such funds.

(b) All persons delegated the authority to sign checks or manage funds shall be bonded at the program’s expense.

(c) Each private provider of special education or other non-LEA program shall carry, for protection of children in care and in amounts as recommended by the facility or program’s insurance provider, which provider shall be licensed to do business in the state of New Hampshire:

(1) Professional liability and bonding insurance;

(2) Vehicle insurance; and

(3) Comprehensive property and liability insurance in compliance with Ed 1129.08(al).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.20 Photography and Audio or Audio-Visual Recording {#sec-ed-1114.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.20}

(a) Each private provider of special education or other non-LEA program shall have written policies and procedures regarding the photographing and audio or audio-visual recordings of children in care.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.21 Emergency Planning and Preparedness {#sec-ed-1114.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.21}

(a) Each private provider of special education or other non-LEA program shall have written procedures for staff and children to follow in case of emergency. These procedures shall be developed with the assistance of state or local fire and safety personnel and shall include provisions for the evacuation of buildings and assignment of staff during emergencies.

(b) At least quarterly each private provider of special education or other non-LEA program shall conduct emergency drills which shall include actual evacuation of children to safe areas. The program shall ensure that all personnel on all shifts are trained to perform assigned tasks during emergencies and ensure that all personnel on all shifts are familiar with the use of the fire-fighting equipment available at the program.

(1) A record of such emergency drills shall be maintained;

(2) All persons in the building shall participate in emergency drills;

(3) Emergency drills shall be held at unexpected times and under varying conditions to prepare children for evacuation in case of fire or other emergencies;

(4) The program shall make provisions to ensure that all children with disabilities are evacuated safely; and

(5) The program shall establish procedures to help children with disabilities understand the nature of such drills.

(d) Each private provider of special education or other non-LEA program with residential components shall maintain an active safety program, including investigation of all accidents and recommendations for prevention.

(e) Each private provider or other non-LEA program shall have written procedures for behavioral interventions that outline staff responsibilities with regard to procedures for personnel who are qualified and trained in behavioral crisis intervention response so that quick, organized responses can occur.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1114.22 Protections Afforded to Children With Disabilities {#sec-ed-1114.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 1114.22}

A child placed by an LEA in an approved private provider of special education or other non-LEA program shall be afforded all the rights of a child with a disability who is served by a public agency as provided in 34 CFR 300.146.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1115 Surrogate Parents

N.H. Code Admin. R. Ann. Ed 1115.01 Basis for Appointment of a Surrogate Parent {#sec-ed-1115.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.01}

(a) Pursuant to RSA 186-C:14, III, (a), if a child with a disability is in need of special education and the parent or guardian is unknown or cannot be located after reasonable efforts are taken to find said parent, or if the child is in legal custody of the division of children, youth and families, the commissioner or designee, shall appoint a surrogate parent who shall represent the child in the educational decision-making process.

(b) If a child is in legal custody of the division of children, youth and families and a judge is actively overseeing the child’s case pursuant to the Individuals with Disabilities Education Act, 20 U.S.C section 1415(b)(2)(A)(i), the judge may appoint a surrogate parent. The appointed surrogate parent must meet the requirements for selection of surrogate parents pursuant to Ed 1115.06.

(c) In the case of a child who is an unaccompanied youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. section 11434a(6), the school district shall appoint a surrogate parent on a temporary basis. The appointed surrogate parent must meet the requirements for selection of surrogate parents pursuant to Ed 1115.06.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1115.02 Initiating a Request for Appointment of a Surrogate Parent {#sec-ed-1115.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.02}

(a) Any employee of an LEA, the department, or a residential school or hospital, any physician, any judicial officer, or any other person who knows or believes that a child’s parent is not known, or is not able to be located, or that the child is under legal of DCYF, or any person who knows or believes that a court has issued a written order for a surrogate parent, shall initiate the appointment of a surrogate parent, pursuant to Ed 1115.02(b).

(b) The LEA shall initiate the appointment of a surrogate parent, pursuant to Ed 1115.02.

(c) The process for appointment of a surrogate parent shall be initiated by submitting a written referral to the superintendent of schools or the superintendent’s designee.

(d) A copy of the referral shall be sent to the commissioner of education or the commissioner’s designee.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1115.03 Investigation and Determination of the Need for a Surrogate Parent {#sec-ed-1115.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.03}

(a) The superintendent of schools or the superintendent’s designee shall conduct an investigation to determine whether the child is in need of a surrogate parent.

(b) A parent shall be considered unknown when there is no written record of the existence of such a person available to the superintendent of schools or the superintendent’s designee.

(c) A parent shall be considered “not able to be located” when the LEA cannot discover the whereabouts of the parent and can document it’s efforts through a record of its attempts to do so, including evidence that the LEA has contacted DCYF, including but not limited to, telephone calls and emails, each including the date, time, person, or agency contacted.

(d) The LEA shall mail a written notice, by certified mail, of the need for parental participation in the special education process, to the last known address of the parent.

(e) The notice under Ed 1115.03(d) shall include:

(1) A request for the parent to participate in the special education process for the child;

(2) The procedural safeguards notice described in 34 CFR 300.504;

(3) Upon location of a parent, the parent may resume responsibility as the child’s educational decision-maker upon written notification to the LEA.

(f) The child shall be determined to be a ward of the state under this section when, as documented in court records, the child is in legal custody of DCYF.

(g) A judge overseeing the case of a child who might be or is a child with a disability may appoint a surrogate parent for a child.

(h) The LEA’s homeless liaison shall determine if the child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney Vento Homeless Assistance Act (42 U.S.C 1143a(6)) who might be or is a child with a disability.

(i) The superintendent of schools or the superintendent’s designee shall, based on the evidence gathered during the investigation, determine whether the child is in need of a surrogate parent within 30 days following receipt of the original referral for a surrogate.

(j) If it is determined that a child does not need a surrogate parent, the superintendent of schools or the superintendent’s designee shall place a copy of the determination in the child’s school record.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1115.04 Requesting Appointment of a Surrogate Parent {#sec-ed-1115.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.04}

(a) If it is determined that a child needs a surrogate parent the superintendent of schools or the superintendent’s designee shall submit a written request that the commissioner of education or his or her designee appoint a surrogate parent.

(b) The written request for appointment of a surrogate parent shall include:

(1) The date the request for appointment of a surrogate parent is made;

(2) The name, title, agency name, address and telephone number of the following people:

a. The person requesting appointment to be made;

b. The child’s DCYF caseworker;

c. The child’s guardian ad litem, attorney, or both, if a child has both;

d. The child’s adult caretaker, the child’s foster parents, or both;

e. The child’s parent(s), if known, and whose parental rights have not been surrendered or terminated;

f. The child’s guardian, if any;

g. The contact persons of the child’s liable or receiving LEA and sending LEA, liable for reimbursement, if any;

h. The contact person of the child’s current educational placement; and

i. The contact person of any other agency or party having jurisdiction over the child;

(3) Information identifying the child including:

a. The child’s name and date of birth;

b. The child’s current address; and

c. The name and address of the facility where the child is currently going to school;

(4) A statement whether the child is in evaluation status or has already been determined to have a disability;

(5) A statement of the child’s legal relationship and custody status with DCYF;

(6) A written statement by the superintendent of schools or the superintendent’s designee attesting that the LEA investigated the child’s need for a surrogate parent and the LEA determined that:

a. The child’s parent is unknown or not able to be located;

b. The child is under legal custody of DCYF or guardianship of DCYF per RSA 463 as documented in a court order;

c. The LEA’s homeless liaison has signed a statement that the child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney Vento Homeless Assistance Act (42 U.S.C 1143a(6)) who might be or is a child with a disability; or

d. A judge overseeing the case of a child, who might be or is a child with a disability, has appointed a surrogate parent as documented in a court order; and

(7) Documentation of efforts to contact the parent as described in Ed 1115.03, as well as a copy of evidence of documentation that DCYF has been contacted or copies of court orders showing DCYF has legal custody or guardianship per RSA 463 or that a judge has appointed an educational surrogate parent.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1115.05 Appointment {#sec-ed-1115.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.05}

(a) If the commissioner of education or the commissioner’s designee finds that the materials submitted by the superintendent of schools or the superintendent’s designee are complete and document that the child is in need of a surrogate parent, the commissioner shall appoint a surrogate parent who shall represent the child in the educational decision-making process pursuant to 34 CFR 300.519(h).

(b) The current residence of the surrogate parent shall be of no relevance in determining the child’s LEA of residence or liability.

(1) The child requests in writing that the commissioner of education or the designee extend the original appointment until the child is awarded a regular high school diploma or reaches 22 years of age, whichever occurs first;

(2) The child is determined to be incapacitated under RSA 464-A, and the guardian is determined to be unknown under Ed 1115.03; or

(3) The surrogate parent resigns, dies, or is removed pursuant to (d) below.

(d) The commissioner of education or the commissioner’s designee, within 30 days of the receipt of a written complaint requesting the removal of a surrogate parent, shall:

(1) Investigate the allegation(s) made in the written complaint; and

(2) Render a decision that shall indicate whether:

a. The surrogate is meeting the requirements for being a surrogate parent;

b. The surrogate parent shall receive additional training;

c. The surrogate parent has not fulfilled the responsibilities of a surrogate parent and is removed;

d. The surrogate parent has a conflict of interest with the child’s interests and is removed; or

e. The surrogate parent resigned, died, or has been removed.

(e) Any party to a decision rendered under (d) above within 10 days of receipt of the commissioner’s written decision under (d), may make a written request to the commissioner for reconsideration of the decision.

(f) Within 20 days of the receipt of the written request for reconsideration, the commissioner shall:

(1) Review the evidence presented in the investigation;

(2) If necessary, gather additional evidence;

(3) Review the decision; and

(4) Issue a final written decision.

(g) Any party who is aggrieved by the final written decision of the commissioner under (f) above may appeal to a court of competent jurisdiction.

(h) The commissioner of education or the commissioner’s designee shall terminate the appointment of a surrogate parent when:

(1) A parent becomes known, is located, or rescinds his or her request or consent to have a surrogate parent appointed and will assume educational decision-making;

(2) The child ceases to be under legal custody of DCYF or guardianship of DCYF per RSA 463; or

(3) The adult student rescinds his or her request for the appointment of a surrogate parent and will assume educational decision-making for him or herself.

(i) The commissioner of education or the commissioner’s designee shall appoint a successor surrogate parent in the same manner and for the same period of time as previously provided when:

(1) The surrogate parent resigns; or

(2) When a surrogate parent has been removed pursuant to (d) above.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13773, eff 10-12-23

N.H. Code Admin. R. Ann. Ed 1115.06 Selection of Surrogate Parents {#sec-ed-1115.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.06}

(a) The commissioner of education or the commissioner’s designee shall select individuals to be available to serve as surrogate parents provided such individuals:

(1) Have volunteered to serve as a surrogate parent;

(2) Have submitted a signed and dated Request for Appointment of Educational Surrogate Parent application to the commissioner of education or the commissioner’s designee that includes:

a. The applicant’s name;

b. The applicant’s residence address and mailing address, if different;

c. The applicant’s daytime telephone number and evening telephone number;

d. The applicant’s employer’s name;

e. Languages in which the applicant is conversant;

f. The applicant’s experience with children including foster children or children with disabilities;

g. The applicant’s experience with the educational process;

h. Whether the applicant is available to attend daytime meetings;

i. The applicant’s willingness to be surrogate parent to more than one child at a time;

j. The names of particular children for whom the applicant wishes to be a surrogate parent, if relevant;

k. The applicant’s preference regarding disability or geographical location; and

l. A statement of the applicant’s agreement to take training, if not already trained;

(3) Have provided the names and addresses of 3 non-relative references to the commissioner of education or the commissioner’s designee;

(4) Have favorable letters of reference submitted to the commissioner of education or the commissioner’s designee from:

a. Those named in Ed 1115.06(a)(3); and

b. The individuals conducting the training for surrogate parents attesting to the volunteer’s suitability to serve as an educational decision-maker on behalf of a child with a disability;

(5) Have satisfactorily completed training to serve as a surrogate parent provided by the department as described in Ed 1115.07;

(6) Are 21 years of age or over;

(7) Have agreed in writing to protect the confidentiality of any records of the child to whom the volunteer is appointed surrogate parent;

(8) Have agreed in writing to act in the interest of the child to protect the child’s right to FAPE;

(9) Have agreed in writing to serve as a surrogate parent from the date of appointment until the date of termination of appointment or until 30 days after notifying the commissioner of education or the commissioner’s designee of the desire to end the surrogate parent relationship;

(10) Have no interest that conflicts personally or professionally with the interest of the child he or she represents;

(11) Are not employees of an SEA, LEA, or any other public agency which is involved in the education or care of the child; and

(12) Shall successfully pass a background check which includes a fingerprint check.

(b) A person who otherwise qualifies to be a surrogate parent shall not be considered an employee of the public agency solely because the person has been appointed to serve as a surrogate parent.

(d) Foster parents shall not be considered to be employees of DCYF.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1115.07 Training of Surrogate Parents {#sec-ed-1115.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.07}

(a) The department shall maintain a registry of eligible persons who are trained to serve as surrogate parents.

(b) The department shall provide for the training of persons who have been selected to serve as surrogate parents.

(d) Training of surrogate parents shall include, but not be limited to:

(1) Study of legislative mandates for surrogate parents;

(2) An overview of disabling conditions;

(3) An overview of state and federal legislation regarding special education;

(4) An overview of New Hampshire’s special education process including:

a. Evaluation procedures;

b. The determination of disability;

c. Development of the IEP;

d. Selection of special education placements; and

e. Other decision-making;

(5) Development of communication skills; and

(6) Information about resources available to surrogate parents and children with disabilities.

(e) Training for surrogate parents shall conclude with a final exam based on the training provided under (c) above.

(f) In order to qualify as a surrogate parent, the adult volunteer shall attain a minimum score of 80 percent on the final exam under (e) above.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1115.08 Responsibilities of Surrogate Parents {#sec-ed-1115.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1115.08}

(a) The surrogate parent shall represent a child with a disability to the same extent as the child would be represented by a parent in all matters relating to FAPE.

(b) The liability of a surrogate parent shall be limited in accordance with RSA 186-C:14, VI.

(c) Except as provided in Ed 1115.05(h), a surrogate parent shall represent the child until the child reaches the age of 18.

(d) The surrogate parent may ask to end the surrogate parent relationship without cause upon 30 days’ written notice to the commissioner of education or his or her designee, and all interested parties or persons.

(e) Surrogate parents shall have the same right of access to records concerning the child as provided by RSA 186-C:14, V.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1116 Alternative Methods for the Appointment of Surrogate Parents

N.H. Code Admin. R. Ann. Ed 1116.01 Applicability {#sec-ed-1116.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1116.01}

The provisions of Ed 1116 shall apply to a child who is considered to be an accompanied homeless youth as defined in Section 725(2)(B) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 1301, et seq., and who is or might be a child with a disability.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1116.02 Assignment of a Surrogate Parent for an Unaccompanied Child who is or may be a Child {#sec-ed-1116.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1116.02}

with a Disability.

(a) A school district shall immediately enroll any unaccompanied child for the purposes of attending classes and participating fully in school activities.

(b) From the date of school enrollment, the school district’s local homeless education liaison shall have a maximum of 30 days to appoint a surrogate parent for the unaccompanied homeless youth.

(c) For the purposes of Ed 1116.02, the local homeless education liaison shall be considered a designee of the commissioner of education.

(d) The local homeless education liaison shall select surrogate parents in accordance with Ed 1115.06.

(e) Training of surrogate parents shall be accomplished in accordance with Ed 1115.07.

(f) The responsibilities of surrogate parents assigned by the local homeless education liaison shall be as set forth in Ed 1115.08.

(g) In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency

shelters, transition shelters, independent living programs, and street outreach programs may be appointed as

temporary surrogates by their respective agencies until such time as the school’s local homeless education liaison can make a permanent appointment in accordance with 34 CFR 300.519(f).

(h) In no case may the appointment of temporary surrogates exceed 30 days.

(i) Within 10 days from the date an individual is appointed as a surrogate parent under Ed 1116.02, the local homeless education liaison shall notify the commissioner of education or the commissioner’s designee of the name, date of birth and NHSEIS number of the child if applicable and the name, address and telephone number of the surrogate parent.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1116.03 Appointment of a Surrogate Parent by Court Order for a Child who is or might be a Child with a Disability {#sec-ed-1116.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1116.03}

(a) For the purposes of Ed 1116.03, a judge who oversees the care of a child shall be considered a designee of the commissioner of education.

(b) A judge who oversees the case of a child may appoint a surrogate parent, for a child who is in legal custody of DCYF or guardianship of DCYF per RSA 463, to represent that child in education matters provided that:

(1) The surrogate parent is selected in accordance with Ed 1115.06;

(2) Training of surrogate parents shall be accomplished in accordance with Ed 1115.07; and

(3) The responsibilities of surrogate parents assigned by judges to oversee the care of children shall be consistent with those responsibilities outlined in Ed 1115.08.

(c) Within 10 days from the date an individual is appointed by a judge as a surrogate parent under Ed 1116.03, of the school district shall notify the commissioner of education or the commissioner’s designee of the name, date of birth of the child and the name, address and telephone number of the individual who has been appointed as surrogate parent.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1116.04 Appointment of Foster Parents as Surrogate Parents Pursuant to RSA 186-C:14-a {#sec-ed-1116.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1116.04}

(a) For the purposes of Ed 1116.04, the director of a child placement agency licensed under RSA 170-E who assigns a surrogate parent to make educational decisions on behalf of a foster child as provided in Ed 1116.04(b) and (c) shall be considered a designee of the commissioner of education.

(b) In addition to the appointment of a foster parent as a surrogate parent through the department and by court order, a director of a child placing agency licensed under RSA 170-E that has placed a child with a foster parent may also assign a surrogate parent to make educational decisions on behalf of a foster child for the duration of the foster placement provided that:

(1) The parent(s) or child’s biological or adoptive parents’ parental rights have been terminated by a court of law or by death;

(2) The foster parent is in an on-going, long term relationship with the child for at least one year;

(3) The foster parent is willing to make educational decisions required of parents under federal and state law;

(4) The foster parent has no interest that would conflict with the child; and

(5) The foster parent has demonstrated to the commissioner of the department of education or the commissioner’s designee that he or she has the knowledge and skills to represent the child adequately in educational decision making by either:

a. Fulfilling all of the requirements specified in Ed 1115.07 (b) through (f) and successfully passing a background check which includes a fingerprint check; or

b. Attaining a minimum score of 80 on the final exam given to surrogate parent candidates and successfully passing a background check which includes a fingerprint check.

(c) Within 10 days from the date an individual is appointed as a surrogate parent under Ed 1116.04, the director of the child placing agency shall notify the commissioner of education or the commissioner’s designee of the name, date of birth, address, and telephone number of the foster parent who has been assigned as a surrogate parent.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1117 Education of Children Who May Be Subject to Court Ordered Residential Placement in Homes for Children, Health Care Facilities, or State Institutions

N.H. Code Admin. R. Ann. Ed 1117.01 Purpose and Scope {#sec-ed-1117.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.01}

(a) The purpose of this part is to ensure the provision of a FAPE as defined in Ed 1102.44 02(s) to

children with or who might have educational disabilities.

(b) These provisions shall apply to the initial court ordered residential placement of children and

all successive court ordered residential placements by a state court acting pursuant to RSA 169-B, RSA

169-C or RSA 169-D.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1117.02 Definitions {#sec-ed-1117.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.02}

(a) Definitions provided in RSA 193:27 and RSA 186-C:19, I-IV shall apply:

(1) ”Health care facility” means any hospital, nursing home, sheltered home, or other institution licensed under RSA 151.

(2) “Home for children” means any orphanage; institution for the care, treatment, or custody of children; child care agency as defined by RSA 170-E:25, II and III; or any residential school approved under RSA 186:11, XXIX.

(3) “Liable school district” means the school district which is legally responsible for the education of a child with a disability, pursuant to Ed 1128.08(a)(5).

(4) “State institution” means the New Hampshire hospital, Laconia developmental services, and the youth development center.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1117.03 Review Procedures For Children Previously Determined to Have Disabilities {#sec-ed-1117.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.03}

(a) When a court is considering, or DCYF is recommending, a court ordered residential placement for a child with a disability, the liable school district shall make a recommendation to the court as to where the child’s educational needs can be met in accordance with state and federal education laws.

(b) When making its recommendation to the court under (a), the school district shall address the following factors:

(1) The impact of the proposed change in placement on the child’s current IEP;

(2) Whether the proposed change in placement or a change in placement as a result of a proposed placement change, is appropriate and in the least restrictive environment;

(3) Whether the proposed placement is appropriate for the implementation of the child’s IEP;

(4) What changes shall be made to implement the child’s IEP in the proposed placement; and

(5) Any other matters relating to the placement of a child made in accordance with Ed 1101 and Ed 1117, including:

a. Evaluation;

b. Identification;

c. Other factors contributing to the need for a change in educational assignment;

(6) Any dissenting recommendation(s) made by an IEP team member that were not included in the IEP team’s proposal;

(7) Once the recommendation is submitted to the court, a copy of the recommendation must be provided to the parents 5 days prior to the court hearing.

(c) Nothing in this section shall diminish the responsibility of the financially liable school district as defined in RSA 186-C:19 to develop and implement an individualized education program or to fulfill its obligations under other sections of this rule for a child in placement for which DCYF has financial responsibility, regardless of whether such child was initially placed by a school district, the parent or some other agent.

(d) The liable school district shall provide written notice of an IEP team meeting as provided in Ed 1103.02(a) to a representative of DCYF, and appointed Guardian ad Litem involved with the child for whom court ordered residential placement is being considered.

(1) If a representative of DCYF or appointed Guardian ad Litem does not elect to attend the meeting, the liable school district shall, after notifying parent(s), promptly provide DCYF with a copy of any special education records developed during or as a result of each such meeting;

(e) In any instance where a state district court issues an order authorizing or making a placement, program or service which differs from or conflicts with the educational placement, program or services recommended by the team, special education and special education and related services shall be provided in a manner consistent with the court ordered residential placement decision made by the state court in conformity with an IEP developed by the team for use during such placement.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1117.04 Emergency Placement Review Procedures For Children Previously Determined to Have Disabilities {#sec-ed-1117.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.04}

When DCYF notifies the liable school district that the court has ordered an immediate court ordered residential placement, or an immediate change in the court ordered residential placement, the school district shall:

(a) Immediately notify parents of the district’s intent to convene an IEP team meeting.

(b) If the immediate court ordered placement has an impact on where the child attends school, immediately forward a copy of the child’s IEP to the new educational placement.

(c) Convene an IEP team meeting in accordance with the requirements of Ed 1117.04 (b) no later than 10 days after notice to parents for the purpose of:

(1) Reviewing the nature of the emergency and its relation to the child’s educational disability;

(2) Reviewing the IEP in light of the emergency presented;

(3) Considering the appropriateness of the education assignment; and

(4) Revising of the child’s IEP if necessary.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1117.05 Review Procedures for Children Not Previously Determined to Have Disabilities {#sec-ed-1117.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.05}

(a) Upon receipt of a court order under RSA 169-B:22, C:20 or D:18, joining the liable school district for a child who has not yet been determined to be a child with a disability, the school district shall initiate the referral process in accordance with Ed 1107.01(f).

(b) If a referral or an evaluation is ordered by a court pursuant to RSA 169-B, C or D, upon the receipt of the order for referral, and/or evaluation, the IEP team shall within 15 business days of the referral, determine whether the concerns raised by the referral can be addressed utilizing existing pupil support services available to all children, whether additional information is required, and what testing, if any, is needed to address any remaining concerns raised by the referral about how the referral is determined.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1117.06 Dispute Resolution Procedures {#sec-ed-1117.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.06}

(a) If a liable school district has not been identified or has refused to assume responsibility for carrying out provisions set forth in Ed 1117, unless such court ordered residential placement is in a health care facility, residential school or state institution as defined in RSA 193:27, the school district in which the child has been placed outside the home by DCYF shall identify, evaluate or otherwise provide FAPE to the child with a disability.

(b) In all cases where there is a dispute regarding the identification of the liable school district, either school district may seek resolution from a court of competent jurisdiction or as otherwise provided by law.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1117.07 Transfer of Student Records {#sec-ed-1117.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1117.07}

(a) Whenever a court makes or changes a child’s court ordered residential placement that results in a change in the educational placement, the liable school district shall immediately provide a copy of all necessary educational records of the child including, but not limited to, the child’s current IEP and evaluations.

History

#9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1118 Incarcerated Children with Disabilities

N.H. Code Admin. R. Ann. Ed 1118.01 Definitions {#sec-ed-1118.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1118.01}

Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 1118:

(a) “Eligible offender with a disability” means an incarcerated person age 18 through 21 who:

(1) Had been identified as a child with a disability prior to incarceration; and

(2) Had an IEP prior to incarceration.

(b) “State correctional facility” means the New Hampshire state prison for men or the New Hampshire state prison for women.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1118.02 Eligible Offenders with Disabilities Incarcerated in State Correctional Facilities {#sec-ed-1118.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1118.02}

An eligible offender with a disability incarcerated at the state correctional facility shall be eligible for services.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1118.03 Incarcerated Children Under the Age of 18 {#sec-ed-1118.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1118.03}

An incarcerated individual under the age of 18 shall have the right to be evaluated, identified, and if appropriate, have special education and related services provided.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1118.04 Children with Disabilities Incarcerated in County Correctional Facilities {#sec-ed-1118.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1118.04}

When a child with a disability is incarcerated at a county correctional facility, the liable LEA shall evaluate the child and make a determination of eligibility under Ed 1108 and develop, implement, and monitor an IEP for the child under Ed 1109.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1119 Confidentiality of Information

N.H. Code Admin. R. Ann. Ed 1119.01 Confidentiality Requirements {#sec-ed-1119.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1119.01}

(a) For the purposes of this section “adult student” means “adult student” as defined in 20 USC 1232g(d).

(b) Each participating agency shall comply with 34 CFR 300.610-300.627, relative to confidentiality of information, including compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232G, (FERPA) and its implementing regulations in 34 CFR Part 99.

(c) Each LEA and private provider of special education shall adopt a policy regarding the retention and destruction of special education records pursuant to RSA 186-C:10-a.

(d) An LEA may retain and store the student’s special education records in electronic form or any other form. An LEA shall provide a parent or adult student a written notice of its document destruction policies upon the student’s graduation with a regular high school diploma or at the transfer of rights or whichever occurs first. The LEA shall provide public notice of its document destruction policy at least annually.

(e) A private provider of special education may destroy a student’s special education records prior to the student’s 26th birthday if the private provider of special education has sent all of the student’s records or copies of such records to the most recent LEA of record. A private provider of special education may retain and store the student’s special education records in electronic form or any other form. A private provider of special education shall provide a parent or adult student a copy of its document destruction policy upon the student’s discharge from the private provider of special education.

(f) Each participating agency shall comply with the safeguard provisions of 34 CFR 300.623. The department or the LEA shall provide notice to parents in accordance with 34 CFR 300.612.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #13026, eff 4-10-20

N.H. Code Admin. R. Ann. Ed 1119.02 Disciplinary Information {#sec-ed-1119.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1119.02}

(a) Each public agency shall include in the record of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child. Such statements shall be included in, and transferred with, the disabled child’s record to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children.

(b) Each statement of current or previous disciplinary action and the transmission of the record of a child with a disability who transfers from one school to another shall comply with the requirements of 34 CFR 300.229.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1120 Procedural Safeguards

N.H. Code Admin. R. Ann. Ed 1120.01 Applicability; Transfer of Rights {#sec-ed-1120.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1120.01}

(a) All of the rights and guarantees delineated in Ed 1120 shall apply to parents, adult students, and public agencies, which include LEAs.

(b) The rights of parents under Ed 1100 shall be transferred to children with disabilities who are emancipated minors or who have attained the age of 18 years and have not been adjudicated incompetent consistent with the provisions of 34 CFR 300.320(c) and 34 CFR 300.520.

(c) A parent, as defined in Ed 1102.04(h), or an adult student may authorize an individual to act on their behalf pursuant to a duly executed power of attorney.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1120.02 Rights and Responsibilities {#sec-ed-1120.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1120.02}

(a) The parent shall have the right to appeal any decision of the LEA regarding the referral, evaluation, determination of eligibility, IEP, provision of FAPE, or placement of a child with a disability using the procedures delineated in Ed 1123.

(b) The parent shall have the right to file a complaint in accordance with Ed 1121.01(a) to report actions taken by an LEA which are contrary to the provisions of state and federal requirements regarding the education of children with disabilities.

(c) Each LEA shall develop written procedures to ensure the effective implementation of the procedural safeguards described in this section. These written procedures shall be included in the LEA request for federal special education funds under Ed 1126.01.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1120.03 Written Prior Notice {#sec-ed-1120.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1120.03}

(a) Parent(s) of a child with a disability shall be notified in writing within a reasonable time, but not less than 14 days, before the LEA proposes to initiate or change, or refuses to initiate or change, the referral, evaluation, determination of eligibility, IEP, or educational placement of the child or the provision of FAPE to the child.

(b) The notice shall comply with 34 CFR 300.503 through CFR 300.504.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

(a) An LEA shall obtain informed, written consent from the parent of a child with a disability prior to:

(1) Conducting an initial evaluation;

(2) Initial provision of special education and related services to a child with a disability;

(3) Annual renewal of the IEP and placement of a child with a disability;

(4) Determining or changing the disability classification;

(5) Changing the nature or extent of the special education or special education and related services;

(6) Conducting a reevaluation;

(7) Access to public insurance pursuant to 34 CFR 300.154(d); and

(8) Each time the public agency proposes to access private insurance.

(b) If a parent fails to respond to a request for informed, written consent to any of the actions described in Ed 1120.04(a)(3), (4), (5), or (6), the LEA shall proceed in accordance with Ed 1120.06.

(c) Parents of children with disabilities shall have 14 days after the sending of written prior notice under Ed 1120.03 to sign documents included with the notice to indicate consent, or refusal of consent or partial consent as set forth below:

(d) A public agency shall not use a parent’s refusal to consent to one service or activity or request of additional services, or activities to deny the child any other services or activities to which the parent has consented.

(e) When the parent refuses consent to one or more of the proposed services or activities, and/or requests changes to services or activities in the initial proposal, the parent shall specify, in writing, the items that they are refusing or requesting.

(f) Upon receipt of a parent’s partial consent, the LEA:

(1) May schedule a mutually agreeable time and date for an IEP team meeting;

(2) Shall, if requested by the parent, pursuant to Ed 1109.06(b) convene the IEP team to discuss the requested changes and/or additions to the IEP, except as set forth in (3) below.

(3) May refuse to convene the IEP team meeting if it determines that the requested changes and/or additions to the IEP have been addressed at a prior IEP team meeting. In such event, the LEA shall issue a Written Prior Notice pursuant to Ed 1109.06(b)(3), explaining why the LEA refuses to convene the meeting.

(g) If a parent refuses consent for a proposed IEP or placement, the child’s most recent agreed upon IEP placement, or both shall remain in effect unless the LEA and parent agree otherwise, until the matters are resolved unless and until a party files for due process, in which case the IEP and placement shall be governed by 34 CFR 300.518.

(h) A parent or a public agency may file a due process complaint on any of the matters described in 34 CFR 300.503(a) (1) and (2) and Ed 1120.04(a), pursuant to 34CFR 300.507.

(i) The 14-day time limit shall be extended if the LEA and the parent mutually agree to an extension.

(j) LEAs shall advise the parent in writing of:

(1) The necessity of signing documents which describe actions requiring the parent’s consent for the purpose of ensuring the timely provision of appropriate services;

(2) The parent’s right to access all of the rights and procedures outlined in this section if the parent disagrees; and

(3) The parent’s right to an extension of the 14-day time limit, provided the parent and the LEA mutually agree to such extension.

(k) A copy of any document signed by a parent in which the parent gives consent in writing shall be provided to the parent, and a copy of such document shall also be placed in the child’s education records.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

(a) A parent who refuses informed consent to all or part of any change proposed by the LEA shall indicate the refusal in writing within 14 days after the sending of written prior notice as provided in Ed 1120.03, or within the time frame allowed by a mutually agreed-upon extension as provided in Ed 1120.04(d).

(b) Alternative dispute resolution as provided in Ed 1122 may be requested by either party at any time.

(c) If a parent refuses consent to a proposal included in Ed 1120.04(a)(1) or (a)(6), the LEA shall have the authority to pursue the initial evaluation or re-evaluation by the initiation of a due process hearing under Ed 1123.

(d) If a parent refuses consent or fails to respond for the initial provision of special education services, the LEA shall not pursue the initial provision of special education services by initiating a due process hearing under Ed 1123.

(e) If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, pursuant to 34 C.F.R §300.300(b)(4) the LEA:

(1) Shall not continue to provide special education and related services to the child;

(2) Shall provide a prior written notice in accordance with 34 C.F.R §300.503 before ceasing the provision of special education and related service;

(3) Shall not use the mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child;

(4) Shall not be considered in violation of the requirement to make FAPE available to the child; and

(5) Shall not be required to convene the IEP Team meeting or develop an IEP for the child.

(f) A public agency shall not use a parent’s refusal to consent to one service or activity to deny the child services, benefits, or activities that the parent has agreed to.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #9482, eff 6-11-09; amd by #9812, eff 11-11-10; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1120.06 Parental Failure to Respond; Implementation of Changes by LEA {#sec-ed-1120.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1120.06}

(a) If a parent fails to respond within 14 days after the sending of written prior notice pursuant to Ed 1120.04(b), the LEA shall implement its proposed changes if the LEA has taken reasonable measures to obtain informed written consent.

(b) Reasonable measures shall include:

(1) Documentation of telephone calls to the parent, made or attempted, and the results of those calls; and

(2) Copies of correspondence sent to the parent and any responses received. Correspondence shall be sent certified mail, return receipt requested.

(c) The processes provided for in Ed 1123 can be requested by either party at any time subject to the exceptions of Ed 1120.05(d) and (e).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #9812, eff 11-11-10; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1120.07 Independent Educational Evaluations {#sec-ed-1120.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1120.07}

An LEA shall comply with 34 CFR 300.502 and Ed 1107.03, relating to independent educational evaluation.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1120.08 Public and Private Insurance {#sec-ed-1120.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1120.08}

(a) An LEA shall comply with the requirements detailed in 34 CFR 300.154 and He-M 1301 when proposing to access public and private insurance. The LEA:

(1) Shall obtain informed parental consent once, pursuant to 34 CFR 300.154(d), the first time the public agency seeks to access the child’s public insurance;

(2) Shall provide annual notification pursuant to 34 CFR 300.154(d)(2)(v). The annual notification shall include a withdrawal of consent provision. The withdrawal of consent provision shall terminate the LEA's authority to access the child's state public benefits or insurance program. This withdrawal of consent provision shall be effective upon the LEA's receipt of the parent's signed withdrawal;

(3) Shall notify the parents that the parents’ refusal to allow access to their public insurance does not relieve the public agency of its responsibility to ensure that all services detailed in the IEP are provided to the child at no cost to the parents;

(4) Shall not require parents to sign up for or enroll in public benefits or insurance programs;

(5) Shall not require parents to incur out of pocket expenses, deductibles, or co-pays;

(6) Shall not use the child’s benefit if it would reduce the available lifetime coverage or other benefit;

(7) Shall not require the family to pay for services that otherwise would be covered by public benefits or insurance programs and are required for the child outside the time the child is in school;

(8) Shall not result in an increase of the parents’ premiums or result in the discontinuation of benefits or insurance; or

(9) Shall not risk the loss of eligibility for home or community waivers based on aggregate health-related expenditures.

(b) When accessing private insurance the LEA shall:

(1) Obtain informed parental consent each time it proposes accessing private insurance; and

(2) Notify the parents that the parents’ refusal to allow access to their private insurance does not relieve the public agency of its responsibility to ensure that all services detailed in the IEP are provided to the child at no cost to the parents.

(c) Part B Funds shall be available to be used if an LEA is unable to obtain parental consent to use a parents’ private insurance to pay for specific services including deductibles or co-pay.

(d) Proceeds of public benefits or insurance or private insurance shall not be treated as program income for purposes of 34 CFR 80.25.

(e) Reimbursements from federal funds such as Medicaid shall not be considered “State or local funds” for purposes of maintenance of effort provisions of 34 CFR 300.163 and 34 CFR 300.203.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

Part Ed 1121 Complaint Procedures

N.H. Code Admin. R. Ann. Ed 1121.01 Filing a Complaint {#sec-ed-1121.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1121.01}

(a) Individuals or organizations may report alleged violations of a public agency which are contrary to the provisions of state and federal requirements regarding the education of children with disabilities by filing a complaint.

(b) A complaint shall be filed according to the provisions of 34 CFR 300.153.

(c) Complaints filed pursuant to 34 CFR 300.136(b) relative to private school consultation shall be investigated, reviewed, and resolved using the process detailed in Ed 1121.02 and Ed 1121.03.

(d) Complaints shall be directed to:

Commissioner of Education

101 Pleasant Street

Concord, NH 03301

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1121.02 Investigation of Complaints and Complaint Procedures {#sec-ed-1121.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1121.02}

(a) The commissioner of education shall assign an employee of the department or, if an employee of the department is not available, an independent investigator to:

(1) Investigate the alleged complaint including conducting an on-site investigation if necessary; and

(2) Issue a written report with recommendations to the commissioner.

(b) The commissioner shall issue a written decision that addresses each allegation in the complaint and contains:

(1) Findings of fact and conclusions; and

(2) The reasons for the department’s decision.

(c) If the commissioner finds there has been a failure to provide appropriate services, the commissioner’s order shall address:

(1) How to remediate the denial of those services, including, as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child or the children; and

(2) Appropriate future provisions of services for all children with disabilities.

(d) The commissioner of education shall mail the written decision and a copy of the independent investigator’s report to the public agency named in the complaint, including, if necessary, orders to the agency with specific timelines for the corrective actions if such actions were found necessary in order to attain compliance. If the complaint filed under Ed 1121.01 concerns a specific child, the parent of that child shall receive copies of the decision, the investigator’s report, and any orders issued.

(e) Complaint procedures shall be in compliance with 34 CFR 300.151- 153.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1121.03 Resolution of Complaints {#sec-ed-1121.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1121.03}

(a) All complaints shall be resolved within 60 days of receipt of the written complaint. The 60-day time limit may be extended consistent with 34 CFR 300.152(b)(1).

(b) The sanctions described in Ed 1125 shall be applied as needed to enforce compliance with orders issued to resolve findings and achieve compliance with respect to the provision of FAPE for children with disabilities.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1121.04 Reconsideration and Appeals {#sec-ed-1121.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1121.04}

(a) Any party to the complaint may, within 20 days of receipt of the commissioner’s written decision under Ed 1121.02(b), make a written request to the commissioner for reconsideration of the decision. Any corrective action ordered by the commissioner for the benefit of a child with a disability shall be implemented and continue until the conclusion of the reconsideration and, unless reversed upon reconsideration or stayed, during any appeal.

(b) Within 15 days of the receipt of the written request for reconsideration, the commissioner shall:

(1) Review the investigator’s report;

(2) Review the evidence presented in the investigation;

(3) If necessary, gather additional evidence;

(4) Review the decision; and

(5) Issue a final written decision.

(c) Any party who is aggrieved by the final written decision of the commissioner under Ed 1121.04 (b)(5) may appeal to the NH Supreme Court or a NH Superior Court.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1122 Alternative Dispute Resolution

N.H. Code Admin. R. Ann. Ed 1122.01 Availability of Alternative Dispute Resolution {#sec-ed-1122.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1122.01}

Alternative dispute resolution shall be voluntary and available to parents and LEAs in accordance with RSA 186-C:23 and 34 CFR 300.506.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1122.02 Forms of Alternative Dispute Resolution {#sec-ed-1122.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1122.02}

Alternative dispute resolution may take the form of mediation as described in RSA 186-C:24 and Ed 205.03, a neutral conference, as described in RSA 186-C:23-b, or a local school district alternative dispute resolution program as described in RSA 186-C:23-a.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1122.03 Alternative Dispute Resolution Results {#sec-ed-1122.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1122.03}

(a) The mediator or the neutral shall submit in writing to the office of legislation and hearings in the department the results of the mediation or neutral conference. The written results shall be submitted no later than 2 days after the mediation or neutral conference is completed.

(b) The information provided in Ed 1122.03(a) shall include:

(1) The date or dates on which the alternative dispute process occurred;

(2) Whether or not the process resulted in a signed written agreement;

(3) Whether the signed written agreement resolved all of the issues included in the request for due process or resulted in a signed withdrawal of the request for due process ; and

(4) Whether the parties are continuing to negotiate the dispute privately.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1122.04 Appointment of a Hearing Officer {#sec-ed-1122.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1122.04}

If an alternative dispute resolution option is utilized by the parties and resolution is not achieved, the individual selected as a neutral or mediator shall not be the same individual who is subsequently appointed as a hearing officer to preside at an administrative due process hearing in the same matter pursuant to Ed 1123.24.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1123 Administrative Due Process Hearing Procedure

N.H. Code Admin. R. Ann. Ed 1123.01 Conducting Administrative Due Process Hearings {#sec-ed-1123.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.01}

Administrative due process hearings shall be conducted in compliance with applicable state and federal laws and regulations, including 34 CFR 300.507-.518.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.02 Sequence of an Administrative Due Process Hearing {#sec-ed-1123.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.02}

The sequence of an administrative due process hearing shall be as follows:

(a) A due process complaint shall be filed with the department and with the other party as detailed in 34 CFR 300.508 and Ed 1123.05;

(b) A due process complaint shall be considered sufficient if it meets the requirements in 34 CFR 300.508.

(c) The LEA and the other party receiving a due process complaint shall respond to the complaint as required in 34 CFR 300.508(e) – (f) within 10 days of receiving the due process complaint;

(d) The LEA shall convene a resolution meeting with the parent or parents and with the relevant member or members of the IEP team within 15 days of receiving notice of the parents’ due process complaint as required in 34 CFR 300.510. The parties shall also have the option of convening a mediation session;

(e) A prehearing conference governed by Ed 1123.15 shall be held no later than 17 days after the resolution meeting or the date that the parties agree, in writing, that no agreement is possible or the date the parties waive, in writing, the resolution meeting.

(f) An administrative due process hearing under Ed 1123.17 shall be held no later than 14 days after the conclusion of the prehearing conference. Except for good cause shown, an administrative due process hearing shall be limited to 2 days; and

(g) A hearing officer’s decision under Ed 1123.18 shall be issued no later than 45 days after the 30 day period under 34 CFR 300.510(b) or 34 CFR 300.510(c).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.03 Filing a Due Process Hearing Complaint {#sec-ed-1123.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.03}

(a) A parent or a public agency may file a due process hearing complaint on any matter described in 34 CFR 300.503(a)(1)–(2).

(b) The due process hearing complaint shall allege a violation that occurred not more than 2 years before the parent knew or should have known about the alleged action that forms the basis of the due process complaint as detailed in 34 CFR 300.507(a)(2).

(d) The public agency shall comply with the provisions of 34 CFR 300.507(b) relative to information for parents.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.04 Initiation of Administrative Due Process Hearing by Parents or by LEA {#sec-ed-1123.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.04}

(a) The office of legislation and hearing shall make available to parents and every LEA a model form that may be used to initiate a written request for an administrative due process hearing.

(b) The notice of the administrative due process hearing complaint shall include:

(1) The name of the child;

(2) The address of the residence of the child;

(3) The name of the school the child is attending;

(4) In the case of a homeless child or youth within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11434a (2), available contact information for the child, and the name of the school the child is attending;

(5) A description of the nature of the problem of the child relating to the proposed or refused initiation or change described in Ed 1123.03(a), including facts relating to the problem;

(6) A proposed resolution of the problem to the extent known and available to the parents at the time; and

(7) If an expedited review is requested a statement specifying the disciplinary grounds supporting the request.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.05 Required Notice for Filing Administrative Due Process Hearing Complaint {#sec-ed-1123.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.05}

Public agencies and parents shall comply with the requirements detailed in 34 CFR 300.508 in regard to filing an administrative due process hearing complaint.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.06 Commencement of Hearing Process {#sec-ed-1123.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.06}

(a) The administrative due process hearing process shall commence on the date the LEA or the parent or parents receive notice of a due process hearing complaint in accordance with Ed 1123.04, unless the request is withdrawn as provided in Ed 1123.10.

(b) The party filing a due process hearing complaint shall forward a copy of the due process hearing complaint to the office of legislation and hearings, department of education, within 2 business days of the date that party provided the original notice of the due process hearing complaint to the other party.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.07 Scheduling of Alternative Dispute Resolution, Prehearing Conference, and Due Process Hearing {#sec-ed-1123.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.07}

(a) At the time of the filing notice of a due process hearing complaint under Ed 1123.04, the parties shall notify the office of legislation and hearings of mutually agreeable dates on which the parties would be available for an optional alternative dispute resolution under Ed 1122, and for a prehearing conference and a hearing.

(b) If the parties chose to engage in alternative dispute resolution the parties shall notify the office of legislation and hearings of mutually agreeable dates on which the parties would be available for mediation, a neutral conference, or a local school district alternative dispute resolution program.

(1) A day for an alternative dispute resolution, if the parties so decide;

(2) A half day for a prehearing conference; and

(3) A minimum of 2 days for a hearing.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.08 Resolution Process {#sec-ed-1123.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.08}

Public agencies shall comply with the requirements in 34 CFR 300.510 relative to the resolution process.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.09 Time of Hearing {#sec-ed-1123.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.09}

The hearing shall be conducted no later than 31 days after:

(a) The parties agree in writing to waive the alternative dispute resolution session;

(b) The parties conduct an alternative dispute resolution session and do not reach a settlement agreement;

(d) The complaint is not resolved during the 30- day resolution period provided in 34 CFR 300.510;

(e) The due process complaint that meets the requirements of 34 CFR 300.508(c)-(f) has been filed by a public agency.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.10 Parental Withdrawal of Due Process Hearing Complaint {#sec-ed-1123.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.10}

A parent may withdraw an administrative due process hearing complaint without prejudice until such time as the parent retains legal counsel.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.11 Local Education Agency Responsibilities when an Administrative Due Process Hearing Complaint is Filed {#sec-ed-1123.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.11}

Each LEA shall:

(a) Inform each parent that the parent has the right to request an administrative due process hearing to appeal the matters described in Ed 1123.03(a);

(b) Provide each parent with the procedural safeguards notice as required by 34 CFR 300.504; and

(c) Inform the parent or parents as required by 34 CFR 300.507(b) of any low-cost legal services and other relevant services available in the area.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.12 Department Administrative Due Process Hearing Responsibilities {#sec-ed-1123.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.12}

(a) The office of legislation and hearings shall schedule optional alternative dispute resolution, if requested, a prehearing conference, and an administrative due process hearing as follows:

(1) Immediately upon receipt of mutually agreeable dates from the parties as provided in Ed 1123.07(a); or

(2) If the parties fail to supply mutually agreeable dates, the office of legislation and hearings shall schedule the alternative dispute resolution, if requested, a prehearing conference, and an administrative due process hearing.

(b) The office of legislation and hearings shall appoint a hearing officer, who shall be an attorney or an individual who meets the standards in 34 CFR 300.511(c).

(1) The time and place of the requested optional alternative dispute resolution;

(2) The time and place of the prehearing conference;

(3) The time, place, and nature of the administrative due process hearing;

(4) Legal authority under which the hearing is to be held;

(5) The particular sections of the statutes and rules involved, including a copy of Ed 1123;

(6) A short and plain statement of the issues involved;

(7) The party’s right to have an attorney present to represent the party at the party’s expense;

(8) The names of the hearing officer who shall conduct the mediation; and

(9) The name of the hearing officer who shall review the sufficiency statement and conduct the due process hearing.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.13 Voluntary Production of Information {#sec-ed-1123.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.13}

(a) Each party shall attempt in good faith to make a complete response to requests, as soon as practicable, for the voluntary production of information.

(b) When a dispute between parties arises concerning a request for the voluntary production of information, releases or documents, any party may file a motion to compel the production of the requested information under Ed 1123.14.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.14 Motion to Compel Production of Information {#sec-ed-1123.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.14}

(a) Any party may file a motion requesting that the hearing officer order the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing. Any objection to the motion to compel shall be filed within 5 days of the date receipt of the motion.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are relevant to the issues described in the hearing notice and are necessary for a full and fair presentation of the evidence at the hearing, the hearing officer shall grant the motion to compel.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.15 Prehearing Procedures {#sec-ed-1123.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.15}

A prehearing conference shall be conducted by a hearing officer and governed by the following:

(a) Parties shall be prepared to discuss the issues described in RSA 541-A:31,V(c);

(b) Parties shall exchange, and provide to the hearing officer, witness lists including a brief description of each witness’s testimony, and documentary evidence at least 5 business days before the hearing. Documentary evidence exchanged shall be legibly labeled in the upper right-hand corner with consecutive Arabic numerals as either “School District Exhibit (number)” or “Parent Exhibit (number)”, as appropriate. An index, by title, of all exhibits submitted shall also be exchanged. Submission of evidence, evaluations, and recommendations shall comply with 34 CFR 300.512; and

(c) In order to limit testimony at the hearing to only those factual matters which remain in dispute between the parties, each party shall submit a statement of facts.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.16 Notification Concerning Agreement {#sec-ed-1123.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.16}

If the parent and the LEA reach an agreement prior to the hearing, the LEA superintendent or the superintendent’s designee shall, within 5 business days after the signing of the agreement, provide written notice to the office of legislation and hearings requesting the cancellation of the hearing because an agreement has been reached.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.17 Hearing Procedures {#sec-ed-1123.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.17}

The hearing shall be conducted by a hearing officer, governed by the following:

(a) The party that has initiated the hearing shall present its case first unless the hearing officer determines that the change in the order of presentation would not materially prejudice any party’s right to a full and fair hearing, and:

(1) The hearing would proceed in a more timely manner if the party not initiating the hearing presents their case first; or

(2) The hearing would proceed in a more efficient manner if the party not initiating the hearing presents their case first;

(b) All hearings shall be electronically recorded by the hearing officer or the hearing officer’s designee. The hearing officer recording shall be the official record of the hearing unless a party requests and pays for stenographic recording of such hearing. If a party requests and pays for a stenographic recording of the hearing, the stenographic record shall be under the control of the hearing officer and shall be the official record;

(1) Be accompanied and advised by an attorney, or by individuals with special knowledge or training with respect to children with disabilities, pursuant to 34 CFR 300.512;

(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses in accordance with RSA 186:16-a and 34 CFR 300.512(a)(2);

(4) Obtain an electronic verbatim record of the hearing at any point during the hearing, or afterwards;

(5) Obtain a decision of the hearing officer that sets forth the factual findings and legal conclusions; and

(6) Record the hearing;

(d) At the conclusion of the hearing a parent may request one copy of the verbatim record of the hearing and/or one copy of the hearing officer’s written decision at no cost. These documents shall be provided in either electronic or written format at the discretion of the parent;

(e) If the parent requests more than one copy the department shall charge the parent as follows:

(1) In the case of a parental request for information detailed in Ed 1123.17(c), the first format requested shall be the one provided at no cost;

(2) Subsequent requests for the same information in an alternative format shall be provided and the department shall charge only its cost for providing the information in the alternative format; and

(3) Parental requests for additional copies shall be provided at the department’s cost;

(f) A parent involved in an administrative due process hearing has the right to open the hearing to the public. However, if an administrative due process hearing is open to the public, the hearing officer shall seat the members of the public and position their equipment in such a way that the public and equipment do not interfere with the proceedings;

(g) Each party shall have one day to present its case, unless additional time is necessary for a full, fair disclosure of the facts necessary to arrive at a conclusion;

(h) The hearing officer shall limit the number of additional witnesses to eliminate redundant, cumulative, or irrelevant testimony;

(i) The hearing officer shall limit examination of a witness by either party to avoid redundant, cumulative, or irrelevant testimony;

(j) The hearing officer shall not include in an order or in a final decision any terms or conditions repugnant to state or federal law resulting from a settlement agreement or a signed written agreement, reached by the parties at alternative dispute resolution; and

(k) The department shall enforce the elements of settlement agreements or alternative dispute resolution agreements only if they are adopted as amendments to an IEP and only if the agreement meets the requirements of the IDEA, New Hampshire RSAs, and the implementing rules and regulations of those laws.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.18 Hearing Officer Decision {#sec-ed-1123.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.18}

(a) Requests for findings of fact shall be limited to those facts necessary to support the decision.

(b) Requests for rulings of law shall be limited to those central issues of law, if any, which are contested or essential.

(c) The hearing officer shall render a decision, including findings of facts and rulings of law consistent with RSA 541-A:35.

(d) Any party aggrieved by the decision of the hearing officer may appeal the decision as provided in Ed 1123.20.

(e) The department shall ensure that not later than 45 days after the time for conducting an administrative due process hearing in Ed 1123.09:

(1) A final decision is reached in the hearing consistent with RSA 541-A:35; and

(2) A copy of the decision is sent by certified mail to each of the parties.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.19 Extension of 45-Day Period {#sec-ed-1123.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.19}

(a) A hearing officer may grant extensions of time beyond the period set out in Ed 1123.18(e), except as to expedited hearings, for specific periods of time at the request of either party if:

(1) The child’s educational progress or well-being would not be jeopardized by the delay;

(2) A party would not have adequate time to prepare and present the party’s position at the hearing in accordance with the requirements of due process; and

(3) The need for the delay is greater than any financial or other detrimental consequences likely to be suffered by a party in the event of delay.

(b) A hearing shall not be continued by the hearing officer because of the hearing officer’s schedule.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.20 Appeal of Decision of Hearing Officer {#sec-ed-1123.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.20}

(a) Any party aggrieved by a final decision of the hearing officer in a hearing may appeal that decision to a court of competent jurisdiction in accordance with 34 CFR 300.516(a).

(b) Parties aggrieved by the findings and final decision of the hearing officer in a due process hearing may bring a civil action under 34 CFR 300.516(a).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.21 Copies of Decisions to be Available {#sec-ed-1123.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.21}

The office of legislation and hearings shall:

(a) Provide to the state advisory committee a copy of each decision of the hearing officers, including findings of fact, after the deletion of personally identifiable information as set forth in 34 CFR 99.

(b) Make available to the general public a copy of each decision of the hearing officers, after the deletion of personally identifiable information.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.22 Post-hearing Matters {#sec-ed-1123.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.22}

(a) The decision of a hearing officer shall be implemented immediately, except as provided in Ed 1123.23, unless a delay is agreed to in writing by both parties, or one party files a timely appeal under 34 CFR 300.516(a) to a court of competent jurisdiction. Unless an appeal to court is filed by either party, or a delay is agreed to, the hearing officer’s decision shall be fully implemented within 30 days.

(b) If neither party appeals the decision of the hearing officer to court, the LEA shall, within 90 days following the date of the decision, provide to the office of legislation and hearings a written report describing the implementation of the hearing officer’s decision and provide a copy of this report to the opposing party. If the opposing party does not concur with the LEA’s report, he or she shall submit his or her own report to the office of legislation and hearings.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.23 Child’s Status During Proceedings {#sec-ed-1123.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.23}

(a) Unless both parties agree otherwise, during the pendency of an administrative due process hearing or judicial proceeding, the child involved shall remain in his or her current educational placement, pursuant to 34 CFR 300.518 except for the circumstances detailed in 34 CFR 300.533.

(b) If the matter involves an application for initial admission to public school, the student, with the consent of the parent if a minor, or a consenting adult student, shall be placed in the public school until the completion of all the proceedings.

(c) If the decision of a hearing officer in an administrative due process hearing agrees with the child’s parents or the adult student that a change of placement is appropriate, that placement shall, pursuant to 34 CFR 300.518(d), be treated as an agreement between the state or LEA and the parents or adult student for the purposes of (a) above.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.24 Hearing Officers {#sec-ed-1123.24 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.24}

(a) The office of legislation and hearings, pursuant to 34 CFR 300.511(c), shall keep a list of persons who serve as hearing officers. This list shall include a statement of the qualifications of each of those persons.

(b) Hearing officers appointed by the department under RSA 186-C:16-a shall be attorneys who have been admitted to the practice of law in at least one jurisdiction or other individuals with knowledge of state and federal special education law.

(c) The commissioner of education shall enter into contracts with attorneys or other individuals with knowledge of state and federal special education law to serve as impartial due process hearing officers at administrative due process hearings.

(d) Such hearings shall not be conducted:

(1) By a person who is an employee of a state agency or LEA which is involved in the education or care of the child;

(2) By any person having a personal or professional interest which would conflict with his or her objectivity in the impartial due process hearing; or

(3) By any elected member of a local school board.

(e) An attorney or other individuals with knowledge of state and federal special education law under contract to serve as a hearing officer pursuant to 34 CFR 300.511(c) for purposes of this rule shall not be considered to come under (d)(1) above.

(f) Hearing officers shall attend training sessions concerning current special education practices and law.

(g) The training sessions required for hearing officers shall include:

(1) Case management programs approved by the Federal District Court for the District of New Hampshire; and

(2) Training for hearing officers provided by the department to include, but not be limited to, developments in state and federal special education law.

(h) If a person shall serve as a hearing officer he or she shall have no clients in a special education matter in New Hampshire.

(i) No person shall serve as a hearing officer who has served as a state or local school board official or a school administrator, including a special education administrator, or as an advocate for students with educational disabilities or their parents, in New Hampshire or in any other state within the immediately preceding 12-month period.

(j) No attorney or other individuals with knowledge of state and federal special education law shall preside as a hearing officer in any hearing in which there is a party:

(1) Whom the attorney or other individuals with knowledge of state and federal special education law has represented in any matter within the immediately preceding 12-month period; or

(2) By whom the hearing officer has been employed during the immediately preceding 3-year period.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1123.25 Expedited Due Process Hearings {#sec-ed-1123.25 omnilex-key=us-nh-regs-official--agency-ed--Ed 1123.25}

(a) An expedited due process hearing procedure shall be available for disciplinary issues in accordance with 34 CFR 300.532(b)–34 CFR 300.533, as provided in 34 CFR 300.532(c).

(b) The expedited procedure shall provide a full due process hearing, but under a restricted time schedule as set out in (c) – (e) below.

(1) Not exceed 2 days;

(2) Be held within 20 school days after the request for hearing is filed; and

(d) A decision shall be mailed to the parties within 10 days of the conclusion of the hearing.

(e) The parties shall provide the hearing officer with mutually agreeable dates for the hearing, allowing for 2 days for the hearing, within 5 business days after a party has requested an expedited hearing.

(f) A prehearing conference shall occur at least 2 business days before the hearing at which time the parties shall exchange witness and exhibit lists.

(g) The expedited due process hearing shall meet the requirements of 34 CFR 300.512.

(h) At least 2 business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and evidence to be offered at the hearing, and recommendations based on the offering party’s evaluations that the party intends to use at the hearing. Any party to the hearing has the right to request that the hearing officer prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 2 business days before the hearing.

(i) Hearings shall be held from 9:00 a.m. to 4:00 p.m.

(j) The following procedures shall apply to hearings:

(1) At the completion of any witness’s testimony or within 2 business days of the conclusion of the hearing, any party may request an extension if the party demonstrates that additional time is necessary for a full and fair disclosure of the facts upon which the decision will be rendered;

(2) The hearing officer shall respond to a request for extension within 2 business days;

(3) If the hearing officer grants the request for additional time, the other party shall have 2 business days to respond;

(4) The hearing officer shall have 2 business days to make a final ruling on any objection or request made in the other party’s response;

(5) Requests for findings of facts shall be limited to those facts necessary to support the decision;

(6) Requests for rulings of law shall be limited to those central issues of law, if any, which are contested;

(7) No additional written memoranda shall be filed unless requested by the hearing officer on a particular issue;

(8) The hearing officer shall waive any of the procedures in this paragraph in a case, but only to the extent necessary to preserve the full and fair nature of the due process hearing;

(9) The hearing officer shall render a decision, including findings of facts and rulings of law;

(10) The hearing officer shall mail a written decision to the parties by certified mail within 10 days of the conclusion of the hearing;

(11) There shall be no exceptions or extensions of the 45-day period; and

(12) Any party aggrieved by the decision of the hearing officer may appeal the decision as provided in Ed 1123.20.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1124 Disciplinary Procedures for Children with Disabilities

N.H. Code Admin. R. Ann. Ed 1124.01 Disciplinary Procedures {#sec-ed-1124.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1124.01}

Each LEA shall develop disciplinary procedures, including, but not limited to, suspension , expulsion, manifestation determination, appeals, placement, protection, and referral for children with disabilities, consistent with the provisions of 34 CFR 300.530 - 300.536.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1124.02 Services for Children with Disabilities Removed from Current Placement. {#sec-ed-1124.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1124.02}

When a child with disabilities has been removed from the child’s current placement for more than 10 days in a school year, in addition to providing services necessary to enable the child to continue to participate in the general education curriculum, as provided in 300.530(d)(1)(i), the LEA shall provide service necessary to provide the child with a disability an opportunity to progress in the general education curriculum consistent with the child’s IEP. Such services, if provided at the child’s home, shall consist of: (a) a minimum of 10 hours/week of instruction, including special education as specified in the child’s IEP; and (b) related services as specified in the child’s IEP.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1125 State Department of Education Enforcement

N.H. Code Admin. R. Ann. Ed 1125.01 Department Enforcement of These Regulations {#sec-ed-1125.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1125.01}

(a) The application of these enforcement procedures shall occur subsequent to the issuance of orders resulting from a complaint investigated in accordance with Ed 1121, a due process hearing conducted in accordance with Ed 1123, or a monitoring activity conducted in accordance with Ed 1126.

(b) In the event an LEA, other public agency, private provider of special education, or other non-LEA program fails or refuses to comply with the regulations specified in Ed 1100, the department shall invoke the enforcement procedures described in Ed 1125.02 below.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1125.02 Enforcement Procedures {#sec-ed-1125.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1125.02}

(a) The commissioner of education or the commissioner’s designee shall appoint personnel from the bureau of special education to monitor the execution of the orders of compliance issued to an LEA, other public agency, private provider of special education, or other non-LEA program as a result of a complaint investigated in accordance with Ed 1121, a due process hearing conducted in accordance with Ed 1123, or a monitoring activity conducted in accordance with Ed 1126.

(b) At the conclusion of the time limit specified for the LEA, other public agency, private provider of special education, or other non-LEA program to have completed the corrective action specified in the orders of compliance, the administrator of the bureau of special education of the department shall forward to the commissioner of education a written report indicating whether the issues have been resolved, and if not, the extent to which the agency had taken corrective action to achieve compliance with the IDEA and Ed 1100.

(c) In the event the written report shows that the LEA, other public agency, private provider of special education, or other non-LEA program has not complied with orders issued by the department, the commissioner of education shall give the written notice of the further enforcement action to be taken.

(d) When taking enforcement action, the commissioner shall consider:

(1) Severity, length and the repetitive nature of the same or other noncompliance;

(2) Whether good faith effort was made to correct the problem;

(3) The impact on children who are entitled to FAPE; and

(4) Whether the nature of the noncompliance is individual or systemic.

(e) Enforcement action shall include, but not be limited to:

(1) Corrective action plan development, implementation, and monitoring;

(2) Voluntary and mandatory technical assistance as determined by the department;

(3) Mandatory, targeted professional development as determined by the department;

(4) Directives ordering specific corrective or remedial actions, including, but not limited to, withdrawing program approval pending an appeal;

(5) Targeting or redirecting the use of federal special education funds in the areas of concern;

(6) Formal referral to the bureau of credentialing for review in accordance with Ed 511.02;

(7) Order the cessation of operations of discrete programs operated by a school district, collaborative program, private provider of special education, public academy, or state institution for the benefit of children with disabilities;

(8) Require redirection of federal funds to remediate noncompliance of more than one year;

(9) Making no further payments of state or federal funds to the LEA or other public agency until the department determines that there is no longer any failure to comply with the orders;

(10) Order, in accordance with a final state audit resolution determination, the repayment of misspent or misapplied state or federal funds;

(11) In the case of an LEA or other public agency, refer the matter to the department of justice for further action; and

(12) In the case of a private provider of special education, or other non-LEA program, order all school districts with students placed in the private provider of special education to relocate the students for whom each district is responsible to other programs or facilities that are in compliance with the IDEA and Ed 1100.

(f) A review of programs which may include a desk audit, scheduled on-site reviews, and unannounced on-site reviews, to ensure compliance shall take place weekly, monthly, or quarterly.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1125.03 Opportunity for a Hearing {#sec-ed-1125.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1125.03}

(a) The LEA, other public agency, private provider of special education or other non-LEA program may request a hearing before the state board of education if it believes that the orders of compliance are inaccurate, invalid, not based on fact, or any combination of the foregoing.

(b) An LEA, other public agency, private provider of special education or other non-LEA program requesting a hearing shall do so within 14 days after the date of the commissioner of education’s written notification of the enforcement action that will be taken.

(c) During the pendency of any administrative or judicial proceeding regarding the enforcement procedures ordered in Ed 1125 the commissioner of education shall determine whether students shall remain in the program.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1125.04 Financial Audits {#sec-ed-1125.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1125.04}

The department’s office of business management shall audit all state and federal special education monies allocated to any public or private agency by the department.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1126 State Department of Education Monitoring of Educational Services and Programs for Children with Disabilities

N.H. Code Admin. R. Ann. Ed 1126.01 Local Education Agency Request for Special Education Funds {#sec-ed-1126.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1126.01}

(a) Each LEA shall file a written request for federal special education funds with the department in order to qualify for assistance under the IDEA as provided in 34 CFR 300.200. LEAs shall review their requests annually and make revisions as necessary. The LEA’s request and any revisions shall be submitted to the department for approval. Requests that are in compliance with the requirements and criteria established in 34 CFR 300.201 through 34 CFR 300.212 and Ed 1126.01 shall be approved. LEAs not having an approved request in effect shall not be eligible to receive state or federal special education funds.

(b) The LEA request shall fully and accurately describe the LEA’s policies and procedures regarding the provision of FAPE to all children with disabilities and include:

(1) A child find component in compliance with Ed 1105;

(2) A confidentiality component that shall describe the LEA’s policies and procedures to ensure confidentiality of student records;

(3) A section on special education facilities, personnel, and services that shall provide a detailed description of all facilities, personnel, and services the LEA is required to make available in those instances where the educational needs of the child with a disability cannot be met in a regular education setting:

a. Regional programs the LEA shall make available to children with disabilities;

b. Non-public schools within the LEA serving children with disabilities;

c. Non-public schools the LEA shall use for out-of-LEA placements for children with disabilities; and

d. Vocational programs the LEA shall provide for children with disabilities;

(4) A personnel development component describing the LEA’s policies and procedures to ensure that professional development opportunities shall be available to teachers, staff and administrators which enhance their knowledge and skills related to the education of children with disabilities, including a description of current in-service activities and those for the next school year;

(5) A parent involvement component that shall describe the LEA’s policies and procedures, specifying the participation of parents in the process of identifying, evaluating, developing IEPs, and determining placement of children with disabilities;

(6) A public participation component that shall describe the LEA’s policies and procedures to ensure the LEA application is available for review by parents, other agencies, and the general public;

(7) A procedural safeguards component describing the LEA’s policies and procedures which shall ensure that due process, confidentiality, and other required procedural safeguards are available in written form to children with disabilities and their parents;

(8) A pupil evaluation to placement section describing the LEA’s policies and procedures for referral, evaluation, development of IEPs, and placement for children with disabilities which shall describe, in chronological order, all participants in the decision making and implementation;

(9) A program evaluation component that shall describe the LEA’s policies and procedures for determining:

a. The degree to which the special education or special education and related services being provided for children with disabilities are effectively meeting the identified needs of the children with disabilities;

b. The methods the LEA shall use for determining program deficiencies and future needs;

c. Strategies designed to eliminate identified gaps and program needs; and

d. A plan aimed at complying with findings of the report issued by the commissioner of education following an on-site compliance monitoring review of the LEA’s special education programs and the LEA’s implementation of the IDEA by the LEA pursuant to the LEA’s duties as assigned by RSA 186-C:5;

(10) A component concerning other agencies that shall describe the LEA’s policies and procedures to ensure coordination with other local and state agencies in meeting the needs of children with disabilities;

(11) A component that shall describe the LEA’s policies and procedures to ensure that children with disabilities enrolled in private schools by parents who reside in the jurisdiction of the LEA have the opportunity for equitable participation in special education programs in accordance with Ed 1111; and

(12) A component that shall describe the LEA’s reasonable steps to ensure that children with disabilities who need instructional materials in accessible formats receive those materials at the same time other children receive instructional materials.

(c) With respect to children with disabilities placed by their parents in private schools, whether or not FAPE is an issue, an LEA’s application as required by Ed 1126.01 shall contain:

(1) A description of how the LEA shall meet the federal requirements for participation by these children;

(2) The number of children who have been identified as eligible for IDEA -funded program benefits;

(3) The number of children who shall receive benefits under the IDEA -funded program;

(4) The basis the LEA used to select the children;

(5) The manner and extent to which the LEA consulted with representatives of private school children with disabilities;

(6) The places and times that children will receive benefits under the program; and

(7) The differences, if any, between the IDEA-funded program benefits the LEA shall provide to public and private school students and the reasons for the differences.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1126.02 Criteria for Approval of Public and Non-Public Programs {#sec-ed-1126.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1126.02}

(a) The department shall use the requirements in Ed 1126 as the basis for determining program approval.

(b) The department shall approve public and non-public programs for children with disabilities through a monitoring process, including but not limited to on-site visit(s) and examination of written documentation, by reviewing the following:

(1) Administrative staff, including certification and professional development;

(2) Instructional staff, including certification and professional development;

(3) Policies and procedures, including:

a. Procedures for handling confidential information;

b. Due process guarantees;

c. Least restrictive environment processes;

d. Child find activities;

e. Non-discriminatory testing practices; and

f. IEPs;

(4) School program operation;

(5) School program information;

(6) Related services;

(7) Fiscal aspects of the school, class, or program;

(8) Physical plant;

(9) Monitoring of IDEA and Title I of the Elementary and Secondary Education Act;

(10) Compliance with state statutes and state board of education rules;

(11) Compliance with federal statutes and regulations;

(12) For LEAs, a review of the LEA request for special education funds;

(13) Review of complaint procedures;

(14) For LEAs, a review of placement practices;

(15) Review of data systems;

(16) Examination of least restrictive environment practices; and

(17) Any other component mentioned elsewhere in Ed 1100.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1126.03 Program Approval of Public and Non-Public Programs {#sec-ed-1126.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1126.03}

(a) All programs operated by LEAs, public academies, private providers of special education, public agencies, and other non-LEA programs shall be approved, utilizing the New Hampshire special education approval process in Ed 1126.02 as determined by the bureau of special education in the department. The bureau of special education in the department shall issue a written report of findings to the monitored program, indicating compliance or non-compliance with statutes and rules relative to all programmatic components and issues monitored by the reviewing team.

(b) The written report of findings indicating compliance or noncompliance shall include corrective actions for each area of non-compliance and timelines for which the corrective actions shall be completed.

(c) The monitored program listed in Ed 1126.03(a) may respond to the bureau of special education’s report and request changes regarding factual errors within 15 days of receipt of the written report. The director of the bureau of special education shall review the request for reconsidering evidence of fact(s) presented and issue the bureau’s decision and final report no later than 30 days after receiving the request for changes from the monitored program.

(d) The bureau of special education in the department shall issue an approval of the program as follows:

(1) An LEA program shall remain approved unless disapproved. In the event that standards are not met, the bureau of special education shall monitor and enforce a corrective action plan and apply appropriate sanctions as necessary to ensure compliance;

(2) The private provider of special education, public academy or other non-LEA program shall receive approval by the bureau of special education if their program meets the standards established by the IDEA and Ed 1100;

(3) The private provider of special education, public academy or other non-LEA program shall receive provisional approval if:

a. The issue(s) of non-compliance are systemic in scope; and

b. Students in the program are receiving a FAPE;

(4) Private providers of special education, public academies or other non-LEA programs who are provisionally approved shall not accept any additional students with disabilities until fully approved;

(5) An LEA, public academy, private provider of special education, public agency, or other non-LEA program shall have its approval revoked when the LEA, public academy, private provider of special education, public agency, or other non-LEA program does not provide FAPE and has not corrected the issue(s) of noncompliance within the timeframe specified by the department or when a condition exists endangering the health, welfare or safety of children and youth with disabilities in attendance. The commissioner of education shall take action, including, but not limited to, immediate disapproval of the program pursuant to Ed 1125; and

(6) The approval status of all public academies, private providers of special education, public agencies, or other non-LEA programs shall be posted on the department of education’s website on an ongoing basis.

(e) For the establishment of new or changes to existing programs, the LEA, public academy, private provider of special education, public agency, or other non-LEA program shall submit a completed application that meets the standards established by IDEA and Ed 1100. Upon initial approval of the application a visit shall be scheduled by the bureau.

(f) Incomplete applications for new or changed programs shall only be considered for up to 6 months from the date the program was informed of their program approval status. Incomplete applications may be completed within 6 months. Incomplete applications after 6 months will be closed.

(g) No students may be placed or attend a program until the application process is complete and the program has received a notice of either initial approval or final approval.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1126.04 Waiver Process for Placements in Approved In-State Programs {#sec-ed-1126.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1126.04}

(a) The LEA may submit a request to the department to place an additional student who does not meet the approved public or private in-state program’s age range or program capacity.

(b) The department shall review the LEA’s request and shall approve said request if it meets the criteria set forth in Ed 1126.04(e)-(f);

(c) The LEA or private in-state special education program, upon the department’s approval of the assurances and request detailed in Ed 1126.04(d)-(e), may:

(1) Accept one student who meets an approved special education program’s “disabilities served” but is below or above the program’s age range by no more than one year; or

(2) Accept one student who meets the program’s age-range and disabilities served, but whose acceptance will result in the program exceeding its program capacity by no more than one additional student.

(d) No more than one student may be placed in any approved public or private special education program pursuant to Ed 1126.04.

(e) The LEA shall provide the department with evidence that:

(1) The proposed placement will provide the student a FAPE; and

(2) The proposed placement will provide the student access to and the ability to progress in the general curriculum.

(f) The request for the waiver must include the following information:

a. Information on a current waiver (if applicable);

b. Student name;

c. Date of birth;

d. Current grade;

e. Name of LEA;

f. Name of private in-state agency;

g. Name of approved special education program;

h. Name and contact information of person completing the request;

i. Description of how the proposed placement will provide the student with a FAPE;

j. Description of how the proposed placement will provide the student access to, and the ability to, progress in the general curriculum;

k. A copy of the student’s IEP.

(g) An LEA shall not place a child with a disability pursuant to Ed 1129.04 until the LEA has received written approval from the department. The department shall approve or disapprove the placement within 5 business days.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

(a) An LEA shall not place a child with a disability in a program not currently approved to provide special education and related services until the following requirements have been met:

(1) The LEA shall have conducted a search and determined that there are no approved in-state special education programs available to meet the individual child’s need for special education and related services;

(2) The LEA shall review inspection reports and certificates to determine that the in-state facility meets New Hampshire health and fire regulations for non-public schools as established by public health statute RSA 200:11, Ed 306.07, and the state fire code as adopted by the New Hampshire department of safety in Saf-C 6000;

(3) A representative of the LEA shall have:

a. Visited the facility;

b. Reviewed staff qualifications to confirm that such staff are qualified personnel as set forth in Ed 1114.10(a);

c. Reviewed instructional materials and setting; and

d. Discussed the child’s needs with staff providing direct services;

(4) Subsequent to the visitation required in (3) above, the LEA’s IEP team shall determine whether the facility is capable of implementing the child’s IEP; and

(5) The following documentation shall be provided by the LEA to the department to demonstrate program compliance under this paragraph:

a. A statement that the facility meets New Hampshire fire and health statutes and rules for schools as referenced in (2) above, including copies of documents relating to inspections currently in effect supplied by the person performing the fire or health inspection;

b. The date the facility was visited by a representative of the LEA;

c. A description of:

The specific needs of the child which cannot be met by any approved special education program;
A list of the approved programs which were considered and rejected and why they were rejected; and
Why the proposed placement is the least restrictive environment for the child;

d. A copy of the child’s IEP;

e. The following information regarding the proposed program:

School name;
Program name;
Start date;
End date;
Disabilities served by the program;
Whether the education setting is a regular setting or a special setting;
Whether the environment is a self-contained program, a resource room program, a regular education program, or a home-based program;
Age range served;
Sex of students served;
Whether the program is day or residential;
The name of the contact person for the program;
The contact person’s title; and
The contact person’s telephone number;

f. Copies of the certification/licensing credentials of the staff who will be providing the special education and related services to the child; and

g. Statements provided shall include:

A statement of how the instructional materials and setting will provide the required involvement in the general curriculum, resulting in progress in the general curriculum as required under 34 CFR 300.320;
A statement, in compliance with the child’s IEP, of how the child will participate in state and district-wide assessments;
A statement that the program is capable of implementing the child’s IEP and providing FAPE; and
A statement that the program is in full compliance with the behavioral intervention requirements detailed in Ed 1114.07

(b) The department shall review all documentation submitted by the LEA and shall approve requests for individual placement of children with disabilities at in-state facilities not currently approved to provide special education and related services when the documentation demonstrates that the child will receive FAPE in the least restrictive environment.

(c) The maximum number of placements of individual children with disabilities the department shall approve at any one facility not currently approved to provide special education and related services shall be 5.

(d) Facilities not currently approved to provide special education and related services wishing to serve more than 5 children with disabilities shall apply for special education program approval.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1126.06 Out-Of-State Placements {#sec-ed-1126.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1126.06}

(a) Public agencies shall place children with disabilities, for the purpose of receiving special education and related services, in only those out-of-state schools, classes, or programs which are approved by the host state for the purpose of providing special education and related services within that state. Any limitation by the host state on the state’s approval of the school’s provision of special education and related services, such as by category of disability served or other comparable standard, shall apply to the schools, classes, and programs approved for New Hampshire children.

(b) If an out-of-state program does not meet the standards of Ed 1114.07-1114.09, the LEA shall not place a student in the program.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1126.07 New Hampshire Special Education Information System (NHSEIS) {#sec-ed-1126.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1126.07}

(a) After parental consent is obtained as required under Ed 1120.04, the LEA shall transmit the following information electronically to the department using NHSEIS:

(1) Information describing the child, including:

a. The child’s name;

b. The child’s town of residence;

c. The child’s LEA;

d. The child’s date of birth; and

e. The child’s identifying number, if the department has already assigned a number through its NHSEIS computer system.

(2) Identification of the evaluations conducted to determine that the child has a disability, the categories of qualified examiners administering the evaluations, and the dates administered;

(3) Identification of the child’s disability;

(4) Identification of the child’s specific special education program and if necessary, related services, the extent to which the child will not participate with nondisabled children in regular educational programs as required by 34 CFR 300.320(a)(5), and the projected date for initiation and anticipated duration of the special education or special education and related services;

(5) The dates that:

a. The IEP team determined the child to have a disability;

b. The parent approved the IEP; and

c. The IEP team selected the child’s education placement;

(6) Discharge information for transition planning; and

(7) The date and duration of the removal, if any, of the child from the child’s current educational placement for disciplinary reasons, and any other information required to comply with the federal reporting requirements under 34 CFR 300.170.

(b) When a child is no longer receiving special education or related services, the LEA or public agency shall enter into NHSEIS the reason why the child is no longer receiving special education or related services.

(c) For financial and monitoring purposes, the LEA shall be responsible for entering information into NHSEIS within 20 days of any action required to be entered into NHSEIS in order to comply with federal reporting requirements under 34 CFR 300.640–34 CFR 300.641.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1127 Children with Disabilities in Placements for Which Dcyf Has Financial Responsibility

N.H. Code Admin. R. Ann. Ed 1127.01 Definitions {#sec-ed-1127.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1127.01}

The following definitions shall apply for the purposes of Ed 1127:

(a) “Children in placement for which DCYF has financial responsibility” means all children receiving special education or special education and related services whose placements were made pursuant to RSA 169-B, RSA 169-C or RSA 169-D, except children awaiting disposition of the court following arraignment pursuant to RSA 169-B:13.

(b) “Financially responsible school district” means:

(1) The school district in which a child most recently resided other than in a home for children, health care facility, or state institution, if such child is not in the legal custody of a parent or if the parent resides outside the state; or

(2) The school district in which the parent resides if the child is retained in the legal custody of a parent residing within the state.

(d) “Legal supervision” means a legal status created by court order wherein the child is permitted to remain in his or her home under the supervision of a child placing agency subject to further court order.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1127.02 Application and Criteria for Financial Assistance {#sec-ed-1127.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1127.02}

(a) Local school districts may make application to the department for financial assistance for children with disabilities in placement for which DCYF has financial responsibility.

(b) Invoices for such financial assistance shall be made within 30 days from the date the local school district’s financial liability commences

(1) The school district furnishes the department with written evidence that the child is in placement for which DCYF has financial responsibility;

(2) The child is identified as a child with a disability in accordance with the requirements of Ed 1107;

(3) The child has an IEP for the placement as required in Ed 1109; and

(4) The child has been placed at a private school for the current school year as evidenced by information supplied by the financially responsible school district or districts and maintained in NHSEIS pursuant to Ed 1126.07(c).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1127.03 Limitations and Financial Liability {#sec-ed-1127.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1127.03}

(a) A school district’s liability for expenses for special education and related services for a child with a disability in placement for which DCYF has financial responsibility shall be limited as stated in RSA 186-C:19-b, II, namely, “to 3 times the estimated state average expenditure per pupil for the school year preceding the year of distribution” or actual costs, whichever is less.

(b) A school district’s liability shall begin when the child with a disability is placed in a placement for which DCYF has financial responsibility.

(c) The department’s financial liability for the cost of a child with a disability in placement for which DCYF has financial responsibility shall be limited to the difference between 3 times the estimated state average expenditure per pupil for the school year preceding the year of distribution paid to the private provider by the liable school district or districts and the total approved special education or special education and related service costs for that provider as set for that private provider of special education services pursuant to Ed 1127.

(d) In those instances where approved special education or special education and related service figures are not delineated separately from other costs, the liability of the department for the costs shall be limited to the difference between 3 times the estimated state average expenditure per pupil for the school year preceding the year of distribution paid to the private provider and 50% of the total approved costs for that provider as set for that private provider of special education services pursuant to Ed 1127.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1127.04 Criteria for State Payments {#sec-ed-1127.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1127.04}

In order for a provider to receive payments from the state, the financially liable school district shall enter cost information into NHSEIS and submit invoices to the department.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Part Ed 1128 Special Education Aid

N.H. Code Admin. R. Ann. Ed 1128.01 Definitions {#sec-ed-1128.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.01}

(a) “Special education aid” means financial assistance for special education costs distributed under RSA 186-C:18, III to a responsible school district.

(b) “Contributed funds” means funds contributed to defray the cost of a special education and by any party or agency other than the LEA.

(c) “Direct costs” means those costs which can be identified specifically with the provision of special education and related services, as included in a child’s IEP.

(d) “Emergency assistance” means funds appropriated for special education costs as provided in 186-C:18, III.

(e) “Indirect costs” means those costs which have been incurred for common or joint objectives and which cannot be identified with the provision of special education and related services as included in a particular child’s IEP.

(f) “Responsible school district” means a school district which is responsible for a child with a disability for whom the costs of special education exceed the formula established by RSA 186-C:18, III.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.02 Reimbursement {#sec-ed-1128.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.02}

A responsible school district shall be reimbursed for special education aid if the requirements of this section are met:

(a) The special education costs for which the district is seeking payment shall exceed the statutory threshold established by RSA 186-C:18, III;

(b) Each child with a disability for whom the responsible district is seeking special education aid reimbursement shall be:

(1) Enrolled in an approved special education program that:

a. Provides FAPE; and

b. Meets the requirements established in:

Ed 1128.02;
Ed 1128.03;
Ed 1128.05; or
Ed 1117; or

(2) In a placement for which a hearing officer, pursuant to Ed 1123, orders the responsible school district to reimburse parents in accordance with 34 CFR 300.148;

(c) The responsible school district shall report evaluation, placement, and eligible cost data for a child with a disability for special education aid in accordance with Ed 1128.07; and

(d) The information entered into NHSEIS under Ed 1128.04 shall be certified on the “Superintendent’s Verification of SPECIAL EDUCATION AID” form completed, signed and dated by an individual authorized to make application for special education aid on behalf of the responsible school district. The form shall certify the following information: “During the Fiscal Year, the total expenses entered above were incurred by the school district for services provided to the Special Education students who were eligible for Special Education Aid. The cost to the district for fulfilling each student’s Individual Education Program (IEP) during Fiscal Year has exceeded 3-1/2 times the estimated state average expenditure per pupil for the school year preceding the year of distribution. The district is only requesting reimbursement for costs paid by local funds. No reimbursement is being requested for personnel or services paid by IDEA federal funds. Detailed accounting will be maintained by the school district and will include the invoices, as well as checks and payment vouchers on which the payments were made.” The certification form shall be submitted to the department no later than 4:30 p.m. on August 15 or, if August 15 falls on a weekend, no later than 4:30 p.m. on the next business day.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.03 Limitations on Reimbursement {#sec-ed-1128.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.03}

A responsible school district shall:

(a) Be eligible for reimbursement only for those direct costs which are included in the IEP of a child with a disability, and which qualify as special education and related services; and

(b) Not be reimbursed for:

(1) Costs which exceed rates established by Ed 1129 for tuition, instruction, room and board, and related services; or

(2) Indirect costs.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.04 Application for Special Education Aid {#sec-ed-1128.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.04}

To apply for the special education aid, a responsible school district shall:

(a) Enter the following program information into the NHSEIS database system for the current reporting year:

(1) Instructional costs;

(2) Room and board costs;

(3) Tuition costs;

(4) Costs for related services, for which the department has approved a rate under Ed 1129, including:

a. Counseling, both individual and group;

b. Occupational therapy, both individual and group;

c. Physical therapy, both individual and group; and

d. Speech pathology, both individual and group;

(5) Costs for related services for which the department had not approved a rate under Ed 1129, provided such services are included in the IEP of the child with a disability;

(6) Transportation costs;

(7) Exceptional costs, including diagnostic costs for services defined under Ed 1107; and

(8) Any contributed funds; and

(b) Send supporting documentation to the department for:

(1) Transportation costs under (a)(6) above in excess of $5,000;

(2) Exceptional costs under (a)(7);

(3) Instruction, room and board, and tuition costs from out-of-state facilities, if applicable;

(4) Instructional costs from public programs; and

(5) All related services when no rate is set.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.05 Calculation of Cost of Special Education {#sec-ed-1128.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.05}

The cost of special education for a particular child with a disability shall equal the costs entered into NHSEIS under Ed 1128.04(a)(1) – (7), less contributed funds entered into NHSEIS under Ed 1128.04(a)(8).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.06 Emergency Assistance {#sec-ed-1128.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.06}

(a) Emergency assistance shall be available pursuant to RSA 186-C 18, III.

(b) When a responsible school district applies for emergency assistance, it shall:

(1) Enter information into NHSEIS as provided in Ed 1128.04(a); and

(2) Supply supporting documentation as provided in Ed 1128.04(b).

(c) An application for emergency assistance for the school year in progress shall be submitted to the department by a responsible school district no later than 4:30 p.m. on the first Friday of May.

(d) On applications for emergency assistance, a responsible school district shall document that:

(1) The district could not have anticipated the need of this child with a disability for a comprehensive special educational program;

(2) The district is experiencing a financial crisis and could not, through line item budget transfers or other financial management techniques, appropriate the funds necessary to provide this child with a disability with FAPE; and

(3) There are no other sources of financial support available to assist the district with the funding of this placement.

(e) If a responsible school district receives emergency assistance funds for certain children with a disability, it shall not receive special education for these same children.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.07 Proration {#sec-ed-1128.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.07}

Pursuant to RSA 186-C:18, IX, when a child with a disability transfers from one responsible school district to another during the school year, the following shall apply to the proration of special education aid and emergency assistance among responsible districts:

(a) Each district shall be reimbursed for only each school day on which the child was a resident of the district; and

(b) Each district shall file separate application forms.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

N.H. Code Admin. R. Ann. Ed 1128.08 State Aid For In-District Programs {#sec-ed-1128.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1128.08}

(a) For the purposes of this section, “supplemental costs” means the difference between the district’s average per pupil cost and the cost of education for the child with a disability.

(b) A liable school district shall be reimbursed for the development or maintenance of an in-district special education program, under this paragraph, if the following requirements are met:

(1) The costs for which the district is seeking reimbursement shall establish or support a school district-based program for a child with disabilities who was in an out-of-district placement in the previous school year as required in RSA 186-C:18, XI;

(2) The in-district program shall be approved pursuant to the provisions of Ed 1126.02;

(3) The child for whom the district is seeking reimbursement shall have been placed in the in-district program pursuant to the provisions of Ed 1111.02;

(4) The child for whom the district shall be seeking reimbursement shall be receiving a FAPE;

(5) The liable school district shall report eligible cost data for a child with a disability pursuant to Ed 1128.04, (a), (1) through (5) and in accordance with Ed 1128.07, if applicable;

(6) The information entered into NHSEIS under Ed 1128.04 shall be certified on the “Superintendent’s Verification of SPECIAL EDUCATION AID” form signed and dated by an individual authorized to make application for state aid on behalf of the liable school district;

(7) The verification form shall be submitted to the department no later than 4:30 p.m. on August 15 or, if August 15 falls on a weekend, no later than 4:30 p.m. on the next business day; and

(8) Payment to the school district, under this paragraph, shall be on or before January 1.

(1) A liable school district shall be eligible for reimbursement under this paragraph only for children with disabilities whose placement has changed from an out-of-district placement to an in-district program developed or maintained by the responsible school district, and only for:

a. The direct costs that are included in the IEP in accordance with (b) (5) above; and

b. The direct costs that qualify as special education and related services, that allow the student with disabilities to be educated in the local school district program;

(2) A liable school district shall not be reimbursed for:

a. Costs which exceed rates established by Ed 1129 for tuition, instruction, and related services;

b. Indirect costs; or

c. Contributed funds;

(3) The reimbursement amount the school district shall receive shall be the greater of:

a. The supplemental costs incurred by the school district to educate the child in the in-district program; or

b. The amount the school district received for the child in the last year of the out-of-district program, prior to placing the student in the in-district program, under this paragraph; and

(4) The reimbursement under (c) (3) above shall be made for 3 years, as follows:

a. Reimbursement under (c) (3) a. above the supplemental amount for all 3 years; or

b. Reimbursement under (c) (3) b. above:

In year one, 70 percent of the total amount in (c) (3) b. above;
In year 2, 50 percent of the total amount in (c) (3) b. above; and,
In year 3, 30 percent of the total amount in (c) (3) above.

(d) Funds distributed under RSA 186-C:18, XI shall be:

(1) Made in accordance with the provisions of (b) above;

(2) Prorated in accordance with RSA 186-C:18, III (a), if insufficient funds are appropriated; and

(3) Used to assist school districts in meeting special education aid costs in their special education programs to the extent that they are not used to fund the program set out in RSA 186-C:18, XI.

History

#9694, eff 4-16-10; ss by #12141, eff 3-24-17; ss by #12601, eff 8-9-18

Part Ed 1129 Rate Setting

N.H. Code Admin. R. Ann. Ed 1129.01 Definitions {#sec-ed-1129.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.01}

Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 1129:

(a) “Accrual basis of accounting” means an accounting method which recognizes revenue when it is earned rather than when it is received, and expense is recognized when it is incurred rather than when it is paid;

(b) “Advertising costs” means those costs of media services, solicitations of bids for goods and services, recruiting personnel and development of school brochures and program descriptions;

(c) “Agency” means any private provider of special education services which has been approved by the department as a provider of special education and/or related services;

(d) “Allowable costs” means those costs determined by the department to be reasonable in accordance with Ed 1129.12 and required for the operation of approved special education programs pursuant to Ed 1100;

(e) “Consultant” means an independent contractor who is a member of a particular profession who provides professional services or expert advice to an agency;

(f) “Direct costs” means costs which can be identified specifically with the organization’s final cost objectives, as determined in accordance with Ed 1129.13;

(g) “Executive” means the person performing the administrative functions and duties that are necessary to the general supervision and direction of the operations of the agency, including, but not limited to:

(1) Hiring and firing of personnel;

(2) Administrating supervision of the personnel;

(3) Supervising the maintenance of educational records;

(4) Maintenance of payroll, bookkeeping and other records; and

(5) Supervising the maintenance and repairs of the facility;

(h) “Indirect costs” means those costs which have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective, as determined in accordance with Ed 1129.14;

(i) “Length of the school year” means the total number of days during which the program provides services in the rate setting period;

(j) “Program capacity” means the maximum number of children with disabilities that can be enrolled in a school, class or program as specified in Ed 1100;

(k) “Related party” means all affiliates of an enterprise, including but not limited to the following:

(1) Its management and their immediate families;

(2) Its principal owners and their immediate families;

(3) Beneficial employee trusts that are managed by the management of the organization; and

(4) Any party that can or does deal with the organization and has ownership of, control over, or can significantly influence the management or operating policies of another party to the extent that an arm’s length transaction cannot be achieved;

(l) “Reasonable costs” means those costs which are prudent, within cost limitations and are required for the operation of approved special education programs;

(m) “Special education costs” means the sum of all costs less applicable credits; and

(n) “Surplus” means the positive net difference of revenue over expense from operations, regardless of whether that difference is called surplus, profit, excess of support and revenue over expense, or fund balance increase on the entity’s books of account.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.02 Rate Setting Budget Proposal {#sec-ed-1129.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.02}

(a) In order to obtain a rate for special education instruction, room and board, physical therapy, occupational therapy, speech therapy and counseling from the department, the agency shall complete a budget proposal and submit it to the department.

(b) The department shall not act on any proposal which is incomplete, and/or which contains substantive errors or omissions. Any such proposal shall be returned for corrections and/or completion.

(1) Form 1129A: Cover Sheet;

(2) Form 1129B: Personnel;

(3) Form 1129C: Assets and Depreciation;

(4) Form 1129D: Program Data;

(5) Form 1129E: Revenues; and

(6) Form 1129F: Expenses by Line Item.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.03 Form 1129A: Cover Sheet {#sec-ed-1129.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.03}

(a) The purpose of the cover sheet shall be to identify the agency making the budget proposal and to provide certification from the agency that the information in (b) below is correct.

(b) When completing Form 1129A: Cover Sheet, the agency shall:

(1) Indicate whether the report being submitted is the original or an amended submission;

(2) Give the name, address, and telephone number of the agency;

(3) Give the accounting period;

(4) Give the name, title, mailing address and telephone number of the person completing the budget proposal;

(5) Give the name of the agency’s authorized representative;

(6) Give the signature of the agency’s authorized representative certifying that information within the budget proposal is correct and accurate to the best of the authorized representative’s knowledge and that information was not deliberately omitted or falsified;

(7) Give the ownership type such as proprietorship, partnership, or corporation; and

(8) Give the operating agency type such as for profit or non-profit.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.04 Form 1129B: Personnel {#sec-ed-1129.04 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.04}

(a) When completing Form 1129B: Personnel, the agency shall:

(1) Indicate whether the report being submitted is the original or an amended submission;

(2) Give the name of the agency;

(3) Give the fiscal year or years for which the personnel report is being prepared, the month and year or years on which the fiscal year or years begin, and the month and year or years the fiscal year or years end;

(4) Give the date on which the original or amended personnel report is being prepared;

(5) Give each employee’s full name;

(6) Give the field(s) of study and degree(s) received, if any, for each employee;

(7) Give each employee’s annual wage or salary;

(8) Allocate that portion of each employee’s wage or salary which pertains to administrative and general management activities;

(9) Allocate that portion of each employee’s wage or salary which pertains to fundraising;

(10) Allocate that portion of each employee’s wage or salary which pertains to other non-special education costs;

(11) Give the amount of each employee’s wage or salary which pertains to special education instruction;

(12) Give the amount of each employee’s wage or salary which pertains to any special education room and board costs;

(13) Give the amount of each employee’s wage or salary which pertains to occupational therapy, physical therapy, speech therapy, and counseling activities;

(14) Give the total of general management costs, total costs of fund raising, and total costs of non-special education programs;

(15) Give the total of each employee’s wage or salary which pertains to all special education programs; and

(16) Give the total of each employee’s wage or salary which pertains to any special education room and board costs, and to occupational therapy, physical therapy, speech therapy, and counseling activities.

(b) The allocation in (10) above, shall be the percentage of each employee’s total work time which pertains to this activity. Agencies which do not have a fund raising activity shall indicate “N/A”.

(c) The allocations in (11) above, shall be the percentage of each employee’s total work time which pertains to this activity. Entities which do not have non- special education costs shall indicate “N/A”.

(d) The allocation in (12) above, shall be the percentage of each employee’s total work time which pertains to special education instruction.

(e) The allocation in (13) above, shall be the percentage of each employee’s total work time which pertains to any special education room and board costs.

(f) The allocations in (14) above, shall be the percentage of each employee’s total work time which pertains to these activities.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.05 Form 1129C: Assets and Depreciation {#sec-ed-1129.05 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.05}

When completing Form 1129C: Assets and Depreciation, the agency shall:

(a) Indicate whether the report being submitted is the original or an amended submission;

(b) Give the name of the agency;

(c) Give the fiscal year or years for which the assets and depreciation report is being prepared, the month and year or years on which the fiscal year or years begin, and the month and year or years the fiscal year or years end;

(d) Give the date on which the original or amended assets and depreciation report is being prepared;

(e) Give the description of the item to be depreciated such as an electric typewriter or an automobile;

(f) Describe how the item was acquired, using the following codes:

(1) “P” for items purchased;

(2) “D” for items donated; and

(3) “O” for other.

(g) If “O” was used to describe the acquisition of any item in (7) above, an explanation shall be provided at the bottom of the form;

(h) Give the month and year or years, using numerals, when the item was put into use or service;

(i) Give the number of items acquired;

(j) Give the amount actually paid for the item(s);

(k) Give the estimated salvage or trade-in value of the item(s) at the end of its/their useful life;

(l) Give the difference between the salvage value and the actual cost;

(m) Give the expected number of years during which the item(s) will be effectively usable;

(n) Give the quotient resulting from dividing the amount to be depreciated by the useful life;

(o) Give the percent of time that the item(s) will be used for programs or activities funded by the department;

(p) Give the result from multiplying the total annual depreciation by the percent of the time the item(s) will be used for programs or activities funded by the department; and

(q) Give the total applicable annual depreciation amounts.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.06 Form 1129D: Program Data {#sec-ed-1129.06 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.06}

When completing Form 1129D: Program Data, the agency shall:

(a) Indicate whether the report being submitted is the original or an amended submission;

(b) Give the name of the agency;

(c) Give the fiscal year or years for which the program data report is being prepared, the month and year or years on which the fiscal year or years begin, and the month and year or years the fiscal year or years end;

(d) Give the date on which the original or amended program data report is being prepared;

(e) Give a listing of each special education program or therapy for which a rate is being requested;

(f) Give the maximum capacity of each program, as defined in Ed 1129.01(j), operating during the regular school year or years;

(g) Give the length of the regular school year or years for each program;

(h) Give the inclusive dates of the regular school year or years;

(i) Give the maximum capacity of each program operating during the summer school year as defined in Ed 1129.01(j);

(j) Give the length of the summer school for each program;

(k) Give the inclusive dates of the summer school year or years;

(l) Give the actual occupancy figures for each of the 12 months immediately preceding the preparation of the budget proposal, or for each month of operation, if a shorter period than 12 months; and

(m) Give the units of service available for each therapy for which a rate is being requested.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.07 Form 1129E: Revenues {#sec-ed-1129.07 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.07}

(a) When completing Form 1129E: Revenues, the agency shall:

(1) Indicate whether the report being submitted is the original or an amended submission;

(2) Give the name of the agency;

(3) Give the fiscal year or years for which the revenue report is being prepared, the month and year or years on which the fiscal year or years begin, and the month and year or years the fiscal year or years end;

(4) Give the date on which the original or amended revenue report is being prepared;

(5) Give program service fees from sources other than the department;

(6) Allocate costs among different funding sources when anticipated revenues for program funding come from sources other than the department such as revenues from local and federal governments, Medicaid, Medicare, private insurance, and special purpose funds;

(7) Give all revenue from sales of goods or services related to programs;

(8) Give all income from direct sales, contracts or services;

(9) Give all funds from United Way;

(10) Give all funds from towns, cities and counties;

(11) Give income from restricted or unrestricted contributions;

(12) Give interest, dividends, and capital gain distributions in cash from endowments;

(13) Give any federal grants, including:

a. Funds to supplement the cost of providing education to children with disabilities;

b. Funds to purchase or subsidize the purchase of food and the value of food commodities; and

c. Any other federal grants;

(14) Give all revenues from non-endowment savings accounts;

(15) Give all interest under general management, unless the interest is restricted and allocated for a specific use or program;

(16) Give all recognized gains on the sale of assets;

(17) Give all other revenues;

(18) Give any surplus generated in the most recent fiscal year;

(19) Give total of all revenue amounts;

(20) Give total general management revenue amount to be allocated as specified by the department;

(21) Give total of all revenue amounts and general management amount to be allocated; and

(22) Give the amount of the department fees they are requesting.

(b) All program service fees identified in (6) above shall be budgeted and reported.

(c) All revenue from private and public sources shall be budgeted and reported. All revenue in this category shall be allocated based on donor restrictions.

(d) All revenue line items shall be at least equal to the prior year’s levels. If expected to be less, specific explanation and documentation shall be provided. The facility or entity shall apply for public and private sources of funds. If the facility or entity does not apply for public and private sources of funds, specific explanation and documentation shall be provided to the department.

(e) Rental income which can be allocated to specific programs shall be allocated on the basis of square footage or full-time equivalents of the program(s) involved. All rental income that cannot be identified to specific programs shall be included in general management. This shall include income from rental of computer hardware or software, and time-sharing income.

(f) The following shall apply to revenue allocations:

(1) All revenues shall be reported and the appropriate allocations made;

(2) A tuition rate shall be computed from expenses for which no revenue has been received from the following sources:

a. Receipts from federal government;

b. Cash receipts which reduce the cost of an item; and

c. Donations and gifts;

(3) Agencies shall allocate costs among different funding sources when revenues come from:

a. Government contracts or grants;

b. Medicaid, Medicare, private insurance; and

c. Specific purpose funds where applicable.

(4) Revenues and expenses of non-special education programs shall not be reported as special education activity; and

(5) Revenues received from school districts shall not be offset against costs when a tuition rate is calculated.

(g) Surplus equal to and for the purpose of funding 6 weeks’ of wage and salary expense, including benefits and payroll taxes, may be retained by the entity and may be excluded from the amount of surplus to be carried forward.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.08 Form 1129F: Expenses by Line Item {#sec-ed-1129.08 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.08}

(a) When completing Form 1129F: Expenses by Line Item, the agency shall:

(1) Indicate whether the budget report being submitted is the original or an amended submission;

(2) Give the name of the agency;

(3) Give the fiscal year or years for which the budget report is being prepared, the month and year or years on which the fiscal year or years begin, and the month and year or years the fiscal year or years end;

(4) Give the date on which the original or amended budget report is being prepared;

(5) Give the total of expenses;

(6) Give the total general management expenses to be allocated; and

(7) Give expenses by line item as required in (b) - (ap) below.

(b) Salary and wages shall:

(1) Be recorded in account 601; and

(2) Include and comply with the following:

a. Payment for regular full and part-time personnel services accrued in whatever form by employees of the vendor during the fiscal year;

b. Premiums for overtime, extra pay-shifts, and multi-shift work;

c. All salary and wage costs shall be supported by documented payroll vouchers or a generally accepted documentation method; and

d. Payroll shall be further supported by time and attendance records for individual employees.

(1) Be recorded in account 602; and

(2) Include and comply with the following:

a. All group fringe benefit plans provided to regular full and part-time employees, such as, Blue Cross/Blue Shield, retirement plans, and worker compensation;

b. Benefit plans shall be in conformance with state and federal law; and

c. The cost of fringe benefit plans shall be a percentage of total salaries and wages by program.

(d) Temporary staff shall:

(1) Be recorded in account 603; and

(2) Include and comply with the following:

a. All temporary personnel costs associated with staffing coverage needed due to employee absenteeism or staff vacancies; and

b. The amount of substitute coverage budgeted for direct service staff whose presence is considered essential for the day-to-day supervision of children with disabilities shall be determined by documented use and costs.

(e) Payroll taxes shall:

(1) Be recorded in account 604; and

(2) Include and comply with the following:

a. All payments made for F.I.C.A. and unemployment insurance;

b. F.I.C.A. shall equal the prevailing rate multiplied by the total F.I.C.A. salaries per program;

c. State and federal unemployment insurance shall equal the rate as determined by the applicable state and the federal agencies; and

d. If an agency elects to fund an unemployment compensation reserve, the agency shall not also include unemployment tax as an expense item.

(f) Client evaluations shall:

(1) Be recorded in account 621; and

(2) Include and comply with the following:

a. All professional services purchased which are for purposes of obtaining any evaluations;

b. This shall not include the cost of any full or part-time staff, as reflected in the personnel budget, whose responsibilities include evaluations of children with disabilities; and

c. The amount budgeted for evaluations of children with disabilities shall be based upon past documented actual costs.

(g) Client treatment or services shall:

(1) Be recorded in account 622; and

(2) Include all costs for purchasing specialized client services on a full or part-time basis.

(h) Accounting and audit fees shall:

(1) Be recorded in account 623; and

(2) Include and comply with the following:

a. The cost of accounting and auditing services supplied by outside providers, including check-writing and payroll fees; and

b. These services shall not be provided by employees of, or other people who are affiliated with the agency. These costs shall be included in general management.

(i) Legal fees shall:

(1) Be recorded in account 624; and

(2) Include and comply with the following:

a. All legal service costs which the agency expects to incur in order to fulfill obligations to the department;

b. No funds shall be used to pay any legal fees that involve litigation or disputes against the department or any other state agency; and

c. No funds shall be used to pay any fines, payback or other court-ordered payments as a result of investigation or litigation against the facility or program.

(j) Other professional services and consultants shall:

(1) Be recorded in account 625; and

(2) Include and comply with the following:

a. Consultants or professional fees, such as program evaluations;

b. Fees incurred for any type of professional development or training shall be reflected in the appropriate professional development line item; and

c. Consultants’ costs shall be allowed when:

The nature and scope of the consultant’s services rendered are necessary, pertain to the organization’s functions, activities or programs or to nutritional services, and cannot be provided by the organization’s employees or can be more economically performed by consultants than by employees;
The contractual agreement for the services shall at minimum include fees charged, services to be provided, number of days to be worked, beginning and end date of contract, and a product evaluation;
The consultants costs are reasonable as specified in Ed 1129.12 and they are not involved with the recovery of costs or funds from federal, state, or local government;
The consultants are not trustees, directors, officers or employees of the organization nor of any parent organization; and
The need for contracting the services is in relation to the organization’s capability in the particular area.

(k) Journals and publications shall:

(1) Be recorded in account 631; and

(2) Include the cost of all books, publications and training materials purchased for professional development or training purposes.

(l) In-service training shall:

(1) Be recorded in account 632; and

(2) Include and comply with the following:

a. All professional development and training costs for conferences, workshops, conventions, in-service training and tuition except for travel costs;

b. Travel costs shall be shown in staff transportation;

c. These professional development and training cost requests shall not exceed a total sum of money computed by multiplying the number of the program’s full-time employees by the University of New Hampshire’s in state, per graduate credit cost.

d. Costs of conferences or meetings shall be allowed when the primary purpose of the conference is dissemination of technical information and is part of the facility’s approved professional development plan; and

e. Allowable costs include meals, transportation, rental of facilities, and other items incidental to such conferences.

(m) Conferences and conventions shall:

(1) Be recorded in account 633; and

(2) Include and comply with the following:

a. Expenses for attending any conferences, workshops, and conventions except travel costs; and

b. Travel costs shall be shown in Account 742, staff transportation.

(n) Other professional development shall:

(1) Be recorded in account 634; and

(2) Include any development costs not covered by the accounts above such as an individual staff member’s tuition.

(o) Rent shall:

(1) Be recorded in account 641; and

(2) Include and comply with the following:

a. The cost of renting any building utilized for the facility or program;

b. Rental cost for space shall not exceed the cost of comparable space and facilities in the same locality;

c. Rentals shall be documented by a lease agreement;

d. Any leases shall stipulate the extent of the lessee’s responsibility for renovations;

e. The cost of lease purchase agreements shall not be included.; and

f. Allowable costs shall be as follows:

Rental costs as specified in sale and leaseback agreements shall be allowable to the extent of actual costs had the organization continued to own the property;
If any party as lessor is in common with the leasee, the rental costs shall be limited to actual costs, including but not limited to mortgage payments, insurance premium payments, and property taxes; and
The cost of lease-purchase agreements shall be excluded as a rental expense.

(p) Heating costs shall:

(1) Be recorded in account 643; and

(2) Include and comply with the following:

a. All heating costs, such as electricity, gas, or oil;

b. These costs shall be excluded if they are including in a rental or lease agreement; and

c. These costs shall be cost-allocated to programs and general management based upon square footage or full-time equivalents.

(q) Other utilities shall:

(1) Be recorded in account 644; and

(2) Include and comply with the following:

a. All other utility costs, such as electricity, water, sewage, and gas;

b. These costs shall be excluded if they are included in a rental or lease agreement; and

c. These costs shall be cost-allocated to programs and general management based upon square footage or full-time equivalents.

(r) Maintenance and repairs shall:

(1) Be recorded in account 645; and

(2) Include and comply with the following:

a. The costs of materials and supplies needed for routine maintenance and repairs and maintenance contracts such as garbage removal and snowplowing;

b. These costs shall be excluded if they are included in a rental or lease agreement;

c. These costs shall be cost-allocated to programs and general management based upon square footage or full-time equivalents; and

d. The following shall apply to repair and maintenance of plant:

Costs incurred for necessary maintenance, repair, and upkeep of property which do not add to its useful life but keep it in efficient operating condition shall be allowable when they are not included in rental or other charges for space; and
Costs incurred for necessary maintenance, repair, or upkeep of movable equipment which keep it in efficient operating condition shall be allowable.

(s) Taxes shall:

(1) Be recorded in account 646; and

(2) Include and comply with the following:

a. Taxes which the organization is required to pay and which are paid or accrued in accordance with generally accepted accounting principles and payments made to local governments shall be allowable;

b. These costs shall be cost-allocated to programs and general management based upon square footage or full-time equivalents; and

c. Taxes for which an exemption is available and payments in lieu of taxes shall be disallowed.

(t) Other occupancy costs shall:

(1) Be recorded in account 647; and

(2) Include and comply with the following:

a. Any other occupancy costs not covered by above accounts; and

b. Renovation costs shall be included in account 660 Capital Expenditures.

(u) Office supplies shall:

(1) Be recorded in account 651; and

(2) Include and comply with the following:

a. Costs of consumable materials used for office operations, such as paper, pens, notebooks, printed checks, photocopy supplies; and

b. These costs shall be cost-allocated to programs and general management based upon direct costs or full-time equivalents.

(v) Building and household supplies shall:

(1) Be recorded in account 652; and

(2) Include and comply with the following:

a. Costs of consumable supplies used for buildings and grounds as well as all household supplies such as toilet paper, towels, crockery, flatware, and cleaning supplies; and

b. These costs shall be cost-allocated to programs and general management based upon direct costs or full-time equivalents.

(w) Educational and training supplies shall:

(1) Be recorded in account 653; and

(2) Include and comply with the following:

a. Costs of materials used in programs for children with disabilities, such as paper, pens, paint brushes, sets of practice materials, and magazine or book subscriptions for children’s use; and

b. These costs shall be cost-allocated to programs or direct costs or full-time equivalents.

(x) Production and sales shall:

(1) Be recorded in account 654; and

(2) Include and comply with the following:

a. The cost of materials which are purchased for the purpose of making products which are to be sold; and

b. The production and sales expense shall not be more than the revenue generated from sales.

(y) Food shall:

(1) Be recorded in account 655; and

(2) Include the cost of raw and prepared food goods:

(z) Medical supplies shall:

(1) Be recorded in account 656; and

(2) Include and comply with the following:

a. The costs of services which would be available to children with disabilities if they were enrolled in a public school;

b. Costs of speech, physical or occupational therapy, or counseling if included in an IEP of a child with a disability, shall be allowable under a separate rate setting program and shall not be included as part of instruction and room and board rates; and

c. The cost of a medical examination for an employee or applicants for employment, or the cost of furnishing any records required by the employer as a condition of employment shall be allowable.

(aa) Capital expenditures shall:

(1) Be recorded in account 660; and

(2) Include and comply with the following:

a. The cost of furnishings and equipment valuing more than $1,000 for each item;

b. Groups of items valuing $1,000 or more, even if individual items are valued at less than $1,000, shall be depreciated;

c. Compensation for the use of buildings, or other capital improvements and equipment shall be made through depreciation charges;

d. All other asset items used for program purposes costing $1,000 or more having a useful life of one year or more shall be depreciated;

e. Reimbursement for capital expenditures shall be available through depreciation charges only;

f. Depreciation charges shall be based on historical acquisition cost less estimated salvage value of the asset;

g. Property records shall be maintained and the straight-line method of computing depreciation shall be used;

h. All capital expenditures including purchases, major renovations and leasehold improvements for which department reimbursement is requested shall be included in the budget proposal;

i. Any expenditure not so included shall not be reimbursed;

j. The need to fund extraordinary or emergency capital expenditures shall be approved;

k. These costs shall be cost allocated to programs and general management based upon square footage or full-time equivalents;

l. Gains and losses on sale, retirement, or other disposition of property which qualify as depreciable shall be reflected as a credit or a charge to the program in which the asset was being used;

m. The amount of the credit or charge under l. shall be the difference between the amount realized on the asset and the undepreciated basis;

n. No gain or loss from the sale of depreciated property shall be recorded as a credit or charge under the following conditions:

The gain or loss is, or could be, processed against a depreciation account;
The property is given in exchange as part of the price of a similar asset and the gain or loss is taken into account in determining the depreciation costs basis of the new asset;
A loss occurs from the failure to maintain permissible insurance;
Gains or losses resulting from mass or extraordinary sales, retirements, or other dispositions shall be considered on a case-by-case basis; and
Gains or losses resulting from the sale or exchange of non-special education assets or those not qualifying for depreciation are not allowable; and

o. The following shall be excluded from allowable depreciation expense:

Cost of land; and
Depreciation expense computed under methods other than the straight line method.

(ab) Equipment rental shall:

(1) Be recorded in account 670; and

(2) Include and comply with the following:

a. Costs of renting equipment, such as copiers; and

b. The renting of postage meters shall be included in account 730, postage.

(ac) Equipment maintenance and repairs shall:

(1) Be recorded in account 680; and

(2) Include costs of equipment repairs, and service maintenance contracts or agreements.

(ad) Advertising shall:

(1) Be recorded in account 700; and

(2) Include and comply with the following:

a. Advertising costs for employee recruitment only;

b. Other advertising costs shall not be allowed;

c. The costs of media services such as a newspaper, magazines, radio resulting from the recruitment of personnel, the solicitation of bids for goods and services; and

d. All other advertising, public relations or community education costs which cannot be demonstrated to have direct benefit to the education program shall not be allowable and shall be recorded in a program cost center not included in the special education rate base.

(ae) Printing shall:

(1) Be recorded in account 710; and

(2) Include costs of printing forms, leaflets and brochures, if the costs are specifically related to programs funded by the department.

(af) Telephone and communications shall:

(1) Be recorded in account 720; and

(2) Include costs related to telephones, and similar communications expenses.

(ag) Postage and shipping shall:

(1) Be recorded in account 730; and

(2) Include costs related to postage stamps, trucking, delivery, and rental of postage meters.

(ah) Vehicle leasing, maintenance and repair shall:

(1) Be recorded in account 741; and

(2) Include and comply with the following:

a. Vehicle lease expense for vehicles used for program purposes;

b. Copies of vehicle leases and registrations;

c. The purchase of a vehicle shall be depreciated; and

d. Cost related to vehicle maintenance and repair.

(ai) Client and staff transportation shall:

(1) Be recorded in account 742; and

(2) Include and comply with the following:

a. Costs of travel directly related to the school education program;

b. Costs of transportation to and from the home of a child with a disability to the school program shall be the responsibility of the local school district and shall be excluded from the tuition rate;

c. The agency shall be compensated for the lease, purchase, maintenance and use of vehicles provided when they are needed for an approved education program;

d. Transportation, lodging, subsistence and related items incurred by employees who are on official business incidental to a special education program;

e. Transportation costs shall be charged on an actual cost basis or per diem/mileage basis provided that the method chosen is consistently applied to each event;

f. Cost of mileage for the business use of private vehicles at a rate not to exceed the prevailing reimbursement rate per mile used by the State of New Hampshire;

g. If vehicles are leased or rented and include so-called “Free Mileage”, such mileage shall not be eligible for reimbursement;

h. Any portion of vehicle expense which is reimbursed through depreciation charges shall be excluded from the mileage reimbursement rate; and

i. Cost of gasoline for leased or purchased facility vehicles used for program purposes.

(aj) Professional liability and insurance against crime and theft shall:

(1) Be recorded in account 761; and

(2) Include all costs to meet the department’s requirements for professional liability and criminal liability.

(ak) Vehicle insurance shall:

(1) Be recorded in account 762; and

(2) Include all vehicle insurance costs.

(al) Comprehensive property and liability insurance costs shall:

(1) Be recorded in account 763; and

(2) Include and comply with the following:

a. Comprehensive property and liability and directors’ and officers’ insurance costs;

b. Comprehensive general liability insurance against all claims of bodily injury, death, and property damage or loss shall be in amounts of not less than $250,000 per claim and $1,000,000 per incident;

c. Fire and extended coverage insurance covering all property shall be in an amount not less than 80% of the whole replacement value of the property;

d. Self-insurance costs but only if the agency provides documentation to show that sufficient self-insurance coverage is maintained to guard the program against those losses which would have been normally covered if the agency had purchased the appropriate level of insurance;

e. Only employee group insurance plans shall be approved;

f. Costs resulting from losses not covered under deductible insurance policy provisions, contracted for and in keeping with sound business practice; and

g. Actual losses which could have been covered by permissible insurance shall be excluded.

(am) Membership dues shall:

(1) Be recorded in account 770; and

(2) Include and comply with the following:

a. Dues, memberships and subscriptions in civic, business, technical, and professional organizations;

b. Costs shall be allowable only when the benefit from membership is related to the organization’s special education programs, the cost is reasonable in relation to the value or benefits received, and the expense is not for membership in an organization which devotes a substantial part of its activities to influencing legislation;

c. The total allowable amount of department funds that may be used for this expense shall not exceed $2,000; and

d. Any amount over $2,000 shall be shown under non-special education funded programs.

(an) Interest expense shall:

(1) Be recorded in account 780; and

(2) Include and complying with the following:

a. Interest costs for the purchase or improvement of capital assets which have been approved;

b. Interest on loans for working capital that are directly related to cash flow deficiencies which are beyond the entity’s ability to control;

c. The interest rate shall not exceed the prevailing rates at the time the loan was secured;

d. Interest charges shall not be at a rate in excess of what a borrower would pay at the time the loan was taken;

e. Interest charges for borrowing for land, buildings, and working capital that is in excess of program requirements shall be excluded. Working capital as used in this clause means a loan obtained to provide temporary cash in order to meet a current cash shortfall arising from time differences between expense and revenue cycles; and

f. The entity shall bear responsibility for providing documentation that working capital deficiencies were beyond its control.

(ao) Other expenditures shall:

(1) Be recorded in account 800; and

(2) Include any other program costs not included in any of the above line items.

(ap) Parent overhead shall:

(1) Be recorded in account 900; and

(2) Include and comply with the following:

a. Charges to an organization’s programs from a parent or affiliated organization provided that the charges are defined as allowable costs and that the charges are allocated to all programs on the same basis; and

b. If a program or facility includes charges for general management, parent overhead charges shall not also be reimbursable.

(aq) Salaries of executives included in the approved special education rate shall be recorded in account 601. Regardless of the actual salary, for the department rate setting purposes, executive staff salaries shall be reported at 75% of the average full-time, of the previous year, of the New Hampshire Superintendent salaries.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.09 General Rate Setting Information {#sec-ed-1129.09 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.09}

(a) Tuition rates shall be set based on the agency’s budget proposal which shall be submitted on those forms prescribed in Ed 1129.02. Deadline for submission of all prescribed forms shall be the first of April, annually.

(b) Any adjustments to the agency’s budget proposal shall be made by the department based solely upon these rules and evaluation of required budget materials and information.

(d) Once the department has established a final rate for an agency, no further adjustments shall be made to the rate(s) for the fiscal year in which the agency’s budget proposal was submitted.

(e) The department shall notify the agency by certified mail of the established rate(s).

(f) The daily and annual rate(s) established through this process shall be the maximum reimbursement paid to the agency on a per-child basis.

(g) The daily and annual rate or rates or related service rates established through this process shall be the maximum amount charged to a public agency without the specific written approval of the responsible public agency.

(h) Any parent organization or related party providing services, facilities, or supplies to an agency submitting a budget proposal shall make available documentation including but not limited to invoices, leases, loan-notes, and insurance policies supporting the related party costs. The related party costs shall be considered services for the purposes of establishing rates.

(i) Each agency shall establish a chart of accounts reflecting the functions specified in (i) below and shall maintain accounting records in accordance with the chart.

(j) All revenues and expenditures shall be assigned to the following functions:

(1) General management;

(2) Fund raising;

(3) Other non-special education costs;

(4) Special education programs - Instruction;

(5) Special education programs - Room and Board costs;

(6) Special education programs - Occupational therapy;

(7) Special education programs - Physical therapy;

(8) Special education programs - Speech therapy; and

(9) Special education programs - Counseling.

(k) Rates for out-of-state agencies shall be set at the rate established by the rate-setting authority in the state where the agency is located. In states where no rate-setting authority exists, the department shall establish the rate payable to the agency through application of these rules. Requests for rate changes for out-of-state agencies shall be accompanied by a copy of the revised official rate notification from the rate-setting authority in the state where the agency operates.

(l) Each agency shall submit the following information:

(1) A complete rate setting budget proposal as specified in Ed 1129.02(c)(1)-(6); and

(2) Actual data from the previous year or years to allow the department to compare the budget to actual expenditures for the year or years.

(m) The agency shall submit a copy of the audited financial statements and special report made by an independent auditor as specified in Ed 1129.18. The actual data and independent auditors’ reports shall be due within 120 days of completion of the fiscal year. The financial statements shall at a minimum contain supplemental schedules using the same line items and functions used in the budget submitted with the rate request.

(n) A semi-annual Summary of Revenues and Expenditures report shall be prepared using the same line items and functions as used in preparation of the budget. The first summary shall contain information for the first 6 months of the fiscal year or years and shall be submitted with the rate setting proposal.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by 12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.10 Allowable Costs {#sec-ed-1129.10 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.10}

(a) To be considered an allowable special education cost the following criteria shall be met:

(1) The cost shall be reasonable as determined by application of Ed 1129.12;

(2) The cost shall have a direct relationship to the policies and procedures of the organization;

(3) The cost shall be recognized by and reported in accordance with generally accepted accounting principles;

(4) The cost shall be supported by documentation including but not limited to:

a. Invoices;

b. Leases;

c. Loan-notes;

d. Insurance policies; and

e. Service contracts; and

(5) The cost shall pertain and be readily identifiable to an activity, function or program relative to the provision of special education and related services.

(b) If personal vehicles or living accommodations are prerequisites for certain positions such expenses shall be approved.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.11 Non-Allowable Costs {#sec-ed-1129.11 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.11}

The following shall not be allowed as special education costs:

(a) Political and charitable contributions;

(b) Investment expenses which are in excess of investment income;

(c) Amusement of facility or program officers or employees or for non-organization related activities, entertainment, and any related costs such as meals, lodging, rentals, transportation and gratuities;

(d) Ordinary living expenses which are normally assumed by parents of children attending public day schools;

(e) Fees and expenses of trustees and directors;

(f) Fines and penalties which are imposed by a court and which result from violations of or the failure to comply with federal, state, county or municipal law, rule, or regulation;

(g) Bad debts, actual or estimated, resulting from uncollectible accounts or other claims, and related collection and legal costs;

(h) Contributions to a contingency fund or any similar fund except for an unemployment reserve fund;

(i) Advertising expenses except for personnel recruitment, bids for goods and services, and medical services;

(j) The following organized fund raising costs:

(1) Solicitations of gifts;

(2) Bequests;

(3) Financial campaigns; and

(4) Endorsement drives.

(k) Voluntary payments and contributions such as payments in lieu of real estate taxes;

(l) Any expenses of the organization which are not reasonable as defined in Ed 1129.12 or unrelated to required special education or necessary related services;

(m) Management fees or payments included in lease or rental agreements between parties who are related as defined in Ed 1129.01(k);

(n) Reimbursement for expenditures or depreciation of personally owned or leased assets excluding motor vehicles;

(o) Income and business profits taxes;

(p) Bonuses of any nature conveyed and paid;

(q) Charges by parties who are related as defined in Ed 1129.01(k) for services, facilities, and supplies furnished to the operating entity if such charges exceed the cost to the related party for providing the services, facilities or supplies;

(r) Charges for investment counsel, staff, and similar expenses incurred solely to enhance income from investments;

(s) All personal expenses such as:

(1) Personal travel expenses;

(2) Laundry charges;

(3) Beverage charges;

(4) Gift certificates to staff and vendors;

(5) Flowers or parties for departing staff;

(6) Holiday parties;

(7) Repairs on a personal vehicle; and

(8) Rental expenses of personal apartments.

(t) Medical services and supplies, other than those cited in Ed 1129.08(z);

(u) Medical supplies or costs of medical supplies provided by the agency’s own staff; and

(v) Salaries for positions that are vacant for 2 consecutive years shall not be used in the calculation of the rate(s).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.12 Reasonable Costs {#sec-ed-1129.12 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.12}

(a) The reasonableness of specific costs shall be determined by the department by applying (b), below.

(b) Costs shall be allowed provided they can be justified by one or more of the following criteria:

(1) The cost shall be of a type necessary for the operation of the organization or performance of an activity or function of the program;

(2) The cost shall be consistent with accepted sound business practices, arm’s length bargaining, federal and state law, rules of the state board of education, or generally accepted accounting principles;

(3) The cost request shall not deviate by more than 5% from the average cost incurred in facilities or circumstances which are similar;

(4) Year to year cost increase shall not deviate from those cost increases as measured by the price indices in the consumer price index or 5%, whichever is greater.

(5) The cost request can be explained by a minimum 10% fluctuation in school enrollment from year to year.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.13 Direct Costs {#sec-ed-1129.13 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.13}

(a) Costs identified specifically with activities required for operation of an approved facility, function or program shall be treated as direct costs.

(b) If costs are not allowable as special education costs, they shall be treated as direct costs and allocated with their share of the organization’s indirect costs when they represent activities which:

(1) Include the salaries of non-executive personnel;

(2) Occupy space; or

(3) Benefit from the organization’s direct costs, including, but not limited to, the types of costs listed in Ed 1129.16(c).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.14 Indirect Costs {#sec-ed-1129.14 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.14}

(a) Indirect costs shall be allocated to all of the organization’s activities pursuant to Ed 1129.16.

(b) Indirect costs shall include, but not be limited to:

(1) Salaries and expenses of executives;

(2) Expenses for accounting;

(3) Costs of operating and maintaining facilities;

(4) Depreciation allowances on buildings and equipment; and

(5) General administration expenses.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.15 Basis of Accounting {#sec-ed-1129.15 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.15}

The system for reporting special education costs shall be based on the accrual basis of accounting.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.16 Method of Allocation {#sec-ed-1129.16 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.16}

(a) When an organization has only one major purpose or when all its major functions benefit from its indirect costs to approximately the same degree, the direct allocation method shall be used. Under the direct allocation method all costs except general administration shall be treated as direct costs.

(b) Costs shall be separated into 9 basic functions as outlined in Ed 1129.09(j).

(c) Costs which directly benefit multiple final cost objectives of an organization and include such costs as depreciation, operation and maintenance of facilities, telephone and utilities shall be prorated individually as direct costs of each function using a base appropriate to the costs being prorated.

(d) Indirect costs consisting exclusively of general administration and general expenses shall be distributed to the organization’s functions using total direct costs of each activity as a base.

(e) Organizations proposing to treat indirect costs in a manner different from (a) and (b) above shall submit a waiver request to the department which is:

(1) In writing;

(2) Signed by the person who has prepared the rate setting proposal; and

(3) Submitted not later than 120 days prior to the submission of a new rate proposal.

(f) The department shall approve all requests received pursuant to (e) above unless the request(s) violates any requirement of Ed 1129 or generally accepted accounting principles.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.17 Form 1129.11: Rate Computations for Instruction, Room and Board, Occupational Therapy, Physical Therapy, Speech Therapy and Counseling {#sec-ed-1129.17 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.17}

(a) On Form 1129.11, the agency shall calculate the rate for a special education program as follows:

(1) The agency shall compute the net expenses of the program;

(2) The net expenses of the program shall be equal to the total expenses from Form 1129F less the total revenues from Form 1129E;

(3) The agency than shall multiply the program capacity rate by 90%;

(4) The agency shall compute the annual rate by dividing the net expenses of the program by 90% of the program capacity rate; and

(5) The agency shall compute the daily rate by dividing the annual rate by the length of the program year.

(b) On Form 1129.11, the agency shall calculate the rates for special education therapies as follows:

(1) The agency shall compute the net expenses of the program;

(2) The net expenses of the program shall be equal to the total expenses from Form 1129F less the total revenues from Form 1129E;

(3) The agency shall record the units of service available as reported on Form 1129D; and

(4) The agency shall compute the therapy rate by dividing the net expenses of the program by the units of service available.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.18 Audit Requirements {#sec-ed-1129.18 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.18}

(a) Audits shall include an examination of the systems of internal control, systems established to insure compliance with laws and rules affecting the expenditure of LEA funds, and financial transactions and accounts.

(b) The examinations required by (b), above, shall be used to determine whether:

(1) There is effective control over and proper accounting for revenues, expenses, assets and liabilities;

(2) The financial statements are presented fairly in accordance with generally accepted accounting principles;

(3) The department financial reports contain accurate and reliable financial data; and

(4) LEA funds are being expended in accordance with Ed 1129.

(c) In order to accomplish the above purposes cited in (c) above, a representative number of charges to special education programs shall be tested to determine whether the charges:

(1) Are required for the proper administration of the program;

(2) Were given consistent accounting treatment and applied uniformly to all activities of the organization;

(3) Were net of applicable credits;

(4) Did not include costs properly chargeable to the organization’s other programs;

(5) Were properly recorded with the correct amount and date and supported by source documentation; and

(6) Were allocated equitably to benefiting activities, including non-special education activities.

(d) Audits shall be made annually and include:

(1) Financial statements, including footnotes, of the organization;

(2) The auditors’ comments on the financial statements which shall:

a. Identify the statements examined and the period covered;

b. Identify the various special education programs for which a rate was set and the amounts of LEA funds received;

c. State that the audit was done in accordance with Ed 1129.18;

d. Express an opinion as to whether the financial statements are fairly presented in accordance with generally accepted accounting principles, but if an unqualified opinion cannot be expressed then the nature of the qualification shall be stated; and

e. Comment on the accuracy and completeness of the department financial reports, including an expression of negative assurance with respect to compliance with Ed 1129.

(e) Work papers and reports shall be retained for a minimum of 3 years from the date of the audit report unless the auditor is notified in writing by the department of the need to extend the retention period. The work papers shall be made available upon request to the department.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.19 Rate Notification {#sec-ed-1129.19 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.19}

(a) The department shall notify the agency by certified mail of the tentative rate(s) and the notification shall include any schedule of adjustments used in the determination of the tentative rate(s).

(b) The agency shall review the notification and schedule of adjustments. If the agency has questions, problems, or both, with the tentative rate(s) the agency shall request a meeting with the department’s rate setter within 14 working days of receipt of the notification letter from the department which states the tentative rate(s).

(c) The request for a meeting with the department’s rate setter shall state the specific reasons why the agency believes there was an error in the tentative rate(s).

(d) Unless a written request for a meeting with the department’s rate setter is received by the department within 14 working days of the agency’s receipt of the letter or other written notification from the department which states the tentative rate(s), the tentative rate(s) shall become final.

(e) If the agency requests a meeting with the department’s rate setter concerning the tentative rate(s) and the results of that meeting do not satisfactorily resolve the concern(s) of the agency, the agency shall be informed by the department’s rate setter of his or her right to a review pursuant to Ed 1129.20.

(f) During any review held pursuant to Ed 1129.20, the agency’s most recent approved final rate(s) shall remain in effect for billing purposes. If the agency has not had a previously approved final rate(s) adopted by the department, the agency may bill-for-services at the tentative rate(s).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.20 Hearing Mechanism for Special Education Rates {#sec-ed-1129.20 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.20}

(a) A private provider of special education making a request for reconsideration of the rates established by the department shall adhere to the procedures set forth in (b) - (d) below.

(b) A request for reconsideration shall be filed within 14 days of the date of the receipt of the notification letter which states the rate(s) and which is sent by the state to the agency.

(c) A request for reconsideration shall be made in writing, shall be signed by a person duly authorized by the agency to submit the request for reconsideration and shall be filed with the director, division of instruction, New Hampshire department of education.

(d) The request for reconsideration shall state the specific reasons why the agency believes there was an error in the original determination.

(e) The director shall render a decision in writing regarding the request within 14 days of the date on which the letter is received by the state. If the director determines that the request for reconsideration reasons are vague, he or she shall require that the agency file a more detailed statement of request for reconsideration. In such case, the requirements specified in (b) - (d) above shall apply to any such statements.

(f) If the director agrees with any or all portions of the agency’s request for reconsideration, the department’s rate setter shall recalculate the agency’s rate(s) accordingly.

(g) If the director does not agree with any or all portions of the agency’s request for reconsideration, the director shall notify the agency of his or her decision pursuant to the requirements set forth in (e) above.

(h) Agencies who wish to appeal the decision of the director pursuant to Ed 1129.20(e) shall do so by filing an appeal with the commissioner of education, New Hampshire department of education.

(i) The appeal shall be made in writing, shall be signed by a person duly authorized by the agency to submit the appeal and shall state specific reasons for the appeal.

(j) The appeal shall be filed within 14 days of the date of the notification letter which states the decision of the director which is sent by the department to the agency.

(k) The appeal shall be heard under RSA 541-A:31-36 by the commissioner of education or his/her designee and in accordance with Ed 200.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.21 The Joint Rate Setting Process {#sec-ed-1129.21 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.21}

(a) The department shall jointly administer the joint rate setting process with the department of health and human services pursuant to the requirements of Ed 1129.21, Ed 1129.22 and Ed 1129.23.

(b) When rates are jointly set by the department of health and human services and the department in accordance with RSA 170-G:4, XVII and XVII-a, any conflicts identified by the state agencies existing between rate setting rules of the department of health and human services and the department shall be resolved by both state agencies applying the stricter of the 2 sets of rules.

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.22 Joint Rate Notification {#sec-ed-1129.22 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.22}

(a) The department and the department of health and human services shall both notify the agency by certified mail of the tentative rate(s) and the notification shall include any schedule of adjustments used in the determination of the tentative rate(s).

(b) The agency shall review the notification and schedule of adjustments. If the agency has questions, problems, or both, with the tentative rate(s) the agency shall request a joint meeting with the department’s rate setter and the department of health and human services rate setter within 14 working days of receipt of the notification letter from the department and department of health and human services which states the tentative rate(s).

(c) The request for a joint meeting with the department’s rate setter and the department of health and human services rate setter shall state the specific reasons why the agency believes there was an error in the tentative rate(s).

(d) Unless a written request for a meeting is received by the department and the department of health and human services within 14 working days of the agency’s receipt of the notification letter from the department and the department of health and human services which states the tentative rate, the tentative rate(s) shall become final.

(e) If the agency requests a joint meeting with both of the state’s rate setters concerning the tentative rate(s) and the results of that meeting do not satisfactorily resolve the concern(s) of the agency, the agency shall be informed by both rate setters of his/her right to review pursuant to rules of the department of health and human services and the department.

(f) During any review held pursuant to rules of the department of health and human services or the department, the agency’s most recent approved final rate(s) shall remain in effect for billing purposes. If the agency has not had a previously approved final rate(s) adopted by the department and the department of health and human services, the agency may bill for services at the tentative rate(s).

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

N.H. Code Admin. R. Ann. Ed 1129.23 Hearing Mechanism for Jointly Set Special Education Rates {#sec-ed-1129.23 omnilex-key=us-nh-regs-official--agency-ed--Ed 1129.23}

(a) A private provider of special education services making a request for reconsideration of the rates established jointly by the department and the department of health and human services shall adhere to the procedures set forth in (b) - (d) below.

(b) A request for reconsideration made under (c) below shall be filed within 14 days of the date of receipt of the notification letter which states the rate(s) and which is sent by both state agencies to the private provider.

(c) A request for reconsideration shall be made in writing, shall be signed by a person duly authorized by the agency to submit the request for reconsideration and shall be filed with the director, DCYF and the director, division of instruction, New Hampshire state department of education or their designees.

(d) The request for reconsideration shall state the specific reasons why the agency believes there was an error in the original determination.

(e) Both directors or their designees shall render a joint decision in writing regarding the request within 14 working days of the date on which the letter is received by both state agencies. If the directors or their designees determine that the request for reconsideration reasons are vague, they shall require that the private provider file a more detailed statement of request for reconsideration. In such case, the requirements specified in (b) - (d) above shall apply to any such statements.

(f) If the directors agree with any or all portions of the agency’s request for reconsideration, both state rate setters shall recalculate the agency’s rates accordingly.

(g) If the directors disagree with each other, and the agency wishes to pursue the issue, the agency shall appeal under RSA 541-A:31-36 as provided in (l) below.

(h) If the directors do not agree with any or all portions of the agency’s request for reconsideration, the directors shall notify the agency of their decision pursuant to the requirements set forth in (e) above.

(i) Agencies who wish to appeal the decision of both directors pursuant to Ed 1129.23(e) shall do so by filing an appeal with the commissioner, department of education, and the commissioner, department of health and human services.

(j) The appeal shall be made in writing, shall be signed by a person duly authorized by the agency to submit the appeal and shall state specific reasons for the appeal.

(k) The appeal shall be filed within 14 days of the date of the letter or other written notification which states the decision of the directors or their designees which is sent by the department and DCYF to the agency.

(l) The appeal shall be heard under RSA 541-A:31-36 by the commissioner of education and the commissioner of the department of health and human services or their designees in accordance with Ed 200 and He-C 200, provided that, if such rules are in conflict, the stricter rules shall apply.

APPENDIX

Rule

Specific State or Federal Statute the Rule Implements

Ed 1101.01

34 CFR 300.1

Ed 1101.02

34 CFR 300.2

Ed 1102

RSA 541-A:7

Ed 1102.01(r)

RSA 186-C:2, I

Ed 1102.01(s)

RSA 186-C:2, I-a

Ed 1102.01(t)

RSA 186-C:2, I

Ed 1102.01, (y), (z), (aa)

RSA 186-C:16, 20 U.S.C 6301

Ed 1102.03

RSA 186-C:16, 20 U.S.C 6301

[ESEA as amended by ESSA P.L. 114-95]

Ed 1102.04(h)

RSA 186-C:16, VIII

Ed 1103.01

34 CFR 300.321

Ed 1103.02

34 CFR 300.322

Ed 1104.01

RSA 541-A:7

Ed 1105

34 CFR 300.111

Ed 1106.01

34 CFR 300.101(a) and (b), 300(a), 124, and 530(d)

Ed 1107.01

34 CFR.320, 34 CFR.531, 34 CFR.533-34 CFR.536

Ed 1107.01(a)

34 CFR 300.301(a),(c), and (d) and 300.321

Ed 1107.01(b)

34 CFR 300.302 - 305

Ed 1107.01(c)&(d)

34 CFR 300(c)(1)(ii)

Ed 1107.01(e)

34 CFR 300.124(b)

Ed 1107.02

34 CFR 300.121, 34 CFR 300.132, 34CFR 300.533 (a);

34 CFR 300.307(a)(2) and (a)(3)

Ed 1107.03

34 CFR 300.502

Ed 1107.04

34 CFR 300.304(c),(1)(iv),

Ed 1107.05

34 CFR 300.306(a)(2)

Ed 1108

34 CFR 300.301 - 311

Ed 1109.01

34 CFR 300.320

Ed 1109.02

RSA 263:29, RSA 266:7

Ed 1109.03

34 CFR 300.323, 324(c), RSA 186-C:7-b, and RSA 186-C:9

Ed 1109.04

34 CFR 300.323(d)

Ed 1109.05

34 CFR 300.325

Ed 1109.06

34 CFR 300.322(a)-(b) and 34 CFR 300.324(b)

Ed 1110.01

34 CFR 300.106

Ed 1111.01

34 CFR 300.114

Ed 1111.02

34 CFR 300.115

Ed 1111.03

34 CFR 300.116

Ed 1111.03(c)

RSA 186-C:11

Ed 1112

34 CFR 300.130-144 and 34 CFR 300.148

Ed 1113.01 - 1113.02(e)

34 CFR 300.320

Ed 1113.02(f)-(g)

34 CFR 300.320(a)(4), 34 CFR 300.107-108, 34 CFR 300.110 and 34 CFR 300.117

Ed 1113.03

34 CFR 300.320

Ed 1113.03(b)(3)

RSA 186-C:10

Ed 1113.03(c)

34 CFR 300.114(a)(2)(i)

Ed 1113.04

RSA 126-U:1,IV(d)

Ed 1113.04(c)

RSA 541-A:7

Ed 1113.05

RSA 126-U:5

Ed 1113.07

RSA 126-U:1,IV(d)

Ed 1113.08

RSA 126-U:5

Ed 1113.09

34 CFR 300.105

Ed 1113.10

RSA 186-C:9

Ed 1113.11

RSA 189:24

Ed 1113.12

34 CFR 300.18 and 34 CFR 300.156, RSA 186-C:16,VIII,

RSA 186-C:16, 20 U.S.C 6301 [ESEA as amended by ESSA P.L. 114-95]

Ed 1113.13

34 CFR 300.102

Ed 1113.14

RSA 189:1 and RSA 189:24

Ed 1113.15

RSA 189:1; RSA 189:2, RSA 189:24 and RSA 189:25

Ed 1114.01 – Ed 1114.04

34 CFR 300.149 and RSA 541-A:7

Ed 1114.05 – Ed 1114.06

34 CFR 300.325 and RSA 186-C

Ed 1114.07

34 CFR 300.324(a)(2)

Ed 1114.08

34 CFR 300.15 and 34 CFR 300.34(b)(10)

Ed 1114.09

34 CFR 300.156

Ed 1114.10

34 CFR 300.156 (a) and (b)

Ed 1114.11

RSA 189:13-a

Ed 1114.12

34 CFR 300.325

Ed 1114.13

34 CFR 300.501

Ed 1114.14

RSA 186-C:9

Ed 1114.15

RSA 189:1; RSA 189:2, RSA 189:24 and RSA 189:25

Ed 1114.16

RSA 200:11

Ed 1114.17 – Ed 114.18

34 CFR 300.149 and RSA 541-A:7

Ed 1114.19

RSA 186-C:3-a, IV

Ed 1114.20

34 CFR 300.625

Ed 1114.21

34 CFR 300.320

Ed 1114.22

34 CFR 300.146

Ed 1115

RSA 186-C:14

Ed 1116

34 CFR 300.519

Ed 1117.01 - 1117.07

RSA 169-B, 169-C, and 169-D

Ed 1117.02

RSA 186-C:13

Ed 1117.03

RSA 193:28

Ed 1117.04

34 CFR 300.149

Ed 1117.05

34 CFR 300.149

Ed 1117.06 – Ed 1117.10

REPEALED

Ed 1118

RSA 194:60

Ed 1119

RSA 186-C:10-a

Ed 1120.01 – Ed 1120.04

34 CFR 300.500 – 34 CFR 300.518 and 34 CFR 300.520

Ed 1120.04 (a) intro and (a)(7)

34CFR 300.154(d)

Ed 1120.05

20 USC § 1414(a)(1)(D); 34 CFR§300.300

Ed 1120.06 – Ed 1120.07

34 CFR 300.500 – 34 CFR 300.518 and 34 CFR 300.520

Ed 1120.06(c)

20 USC § 1414(a)(1)(D); 34 CFR§300.300

Ed 1120.08

34 CFR 300.154

Ed 1120.08 (a) intro.,(a)(1)-(2)

34CFR 300.154(d)

Ed 1121

34 CFR 300.151 - 34 CFR 300.153

Ed 1122

34 CFR 300.506 and RSA 186-C:23-a, -b and RSA 186-C:24

Ed 1123

34 CFR 300.507 - 34 CFR 300.515

Ed 1124

34 CFR 300.530 - 34 CFR 300.536

Ed 1125

34 CFR 300.149 and 34 CFR 300.600 et seq

Ed 1126

34 CFR 300.600 - 34 CFR 300.609

Ed 1127

RSA 186-C:19-a and -b

Ed 1128.01-1128.07

RSA 186-C:18

Ed 1128.08

RSA 186-C:18, XI(b)

Ed 1129

RSA 21-N:5,I(g) and RSA 186-C:7,III

History

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

Chapter Ed 1200 Restraint and Seclusion for Children

Part Ed 1201 Limiting the Use of Child Restraint and Seclusion Practices

N.H. Code Admin. R. Ann. Ed 1201.01 Definitions. {#sec-ed-1201.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1201.01}

(a) “Child” means child as defined in RSA 126-U: 1, I.

(b) “Improper restraint” and “improper seclusion” means any restraint or seclusion not allowed under RSA 126-U.

(d) “Review of record” means a review of the record at the school, made pursuant to RSA 126-U:7.

(e) “School” means school as defined by RSA 126-U:1, V.

(f) “Seclusion” means seclusion as defined in RSA 126-U:1,V-a.

(g) “Serious injury” means serious injury as defined in RSA 126-U:1,VI.

History

#10590, eff 5-15-14; ss by #11019, eff 1-8-16

Part Ed 1202 Restraint and Seclusion

N.H. Code Admin. R. Ann. Ed 1202.01 Written Policies Required {#sec-ed-1202.01 omnilex-key=us-nh-regs-official--agency-ed--Ed 1202.01}

(a) Each school shall have written policies for managing the behavior of children pursuant to RSA 126-U: 2 consistent with Ed 306.04(a)(18).

(b) In addition to the requirements in (a) above, each nonpublic school shall have written policies for managing the behavior of children pursuant to RSA 126-U: 2 consistent with Ed 403.

(c) In addition to the requirements of (a) above, a private provider of a special education program shall have written policies for managing the behavior of children pursuant to RSA 126-U:2 consistent with Ed 1114.

(d) The written policies shall include a statement that, pursuant to RSA 126-U:14, the school shall review the individualized education program (IEP) or section 504 plan of a child with a disability following the first use of restraint or seclusion on the child, or upon request of the child’s parent or guardian, and make adjustments to the IEP or 504 plan as indicated to reduce the future use of restraint or seclusion.

(e) The written policies shall include a statement that a school employee has a duty to report a violation of RSA 126-U when that person has reason to believe that the action of another constituted a violation of RSA 126-U and misconduct or suspected misconduct, pursuant to Ed 510.

(f) The policies shall be provided annually to the parent, guardian, or legal representative of each child enrolled in or receiving services from the school or provider pursuant to RSA 126-U:2.

History

#11019, eff 1-8-16

N.H. Code Admin. R. Ann. Ed 1202.02 Duty to Report {#sec-ed-1202.02 omnilex-key=us-nh-regs-official--agency-ed--Ed 1202.02}

(a) Unless prohibited by court order, the superintendent, acting superintendent, superintendent’s designee, acting superintendent’s designee, or school administrator shall, as soon as possible, verbally notify the parent or guardian whenever seclusion or restraint has been used on a child.

(b) Within 5 business days of the use of seclusion or restraint, the school employee that used seclusion or restraint shall submit a written notification to the school principal containing the following, pursuant to RSA 126:7, II:

(1) The date, time, and duration of the use of seclusion or restraint;

(2) A description of the actions of the child before, during, and after the occurrence;

(3) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint;

(4) The names of the persons involved in the occurrence;

(5) A description of the actions of the facility or school employees involved before, during, and after the occurrence;

(6) A description of any interventions used prior to the use of the seclusion or restraint;

(7) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary;

(8) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint;

(9) A description of any property damage associated with the occurrence;

(10) A description of actions taken to address the emotional needs of the child during and following the incident;

(11) A description of future actions to be taken to control the child's problem behaviors;

(12) The name and position of the employee completing the notification; and

(13) The anticipated date of the final report.

(c) The superintendent, acting superintendent, superintendent’s designee, acting superintendent’s designee, or school administrator shall, as soon as possible, make an oral report of all incidents of restraint and seclusion within the school involving serious injury or death to a child subject to restraint or seclusion to the commissioner, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities, pursuant to RSA 126-U:10, II. Within 5 business days, a written report shall be provided to the commissioner, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities pursuant to RSA 126-U:7.

(d) No school nor any employee, contractor, consultant nor volunteer thereof, shall subject any individual to harassment or retaliation for filing, in good faith, a report under RSA 126-U or these rules.

(e) Schools shall document complaints that they determine do not meet the criteria for a violation of RSA 126-U. This documentation shall include the evidence relied upon. Such documentation shall be maintained and provided to the department of education when it does its review pursuant to RSA 126-U:8.

History

#11019, eff 1-8-16

N.H. Code Admin. R. Ann. Ed 1202.03 Review of Records {#sec-ed-1202.03 omnilex-key=us-nh-regs-official--agency-ed--Ed 1202.03}

(a) The department of education shall review records maintained by schools relative to the use of seclusion and restraint pursuant to RSA 126-U:8 no less than once every 3 years.

(b) When the commissioner decides that a complaint is founded or the commissioner decides that the complaint is unfounded and there are 3 or more previous unfounded complaints, the department of education shall review the records of that school upon the completion of the investigation and annually for a period of 2 years following the most recent complaint.