Revision: Jan. 12, 2010, midnight
SB 373 – AS INTRODUCED
2010 SESSION
04/09
SENATE BILL 373
AN ACT relative to approval of alternative schools by the state board of education.
SPONSORS: Sen. Kelly, Dist 10; Sen. Hassan, Dist 23; Sen. Merrill, Dist 21; Sen. Fuller Clark, Dist 24; Sen. Janeway, Dist 7; Rep. Rous, Straf 7; Rep. Reever, Belk 4
This bill authorizes the state board of education to approve alternative schools in a school district.
This bill is a request of the department of education.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2773
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to approval of alternative schools by the state board of education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Alternative Schools. Amend RSA 189 by inserting after section 24 the following new section:
189:24-a Alternative Schools.
I. A school district may elect to establish an alternative school within the district, provided that the district already operates one or more standard schools, as defined in RSA 189:24, for the grade levels of the pupils seeking an alternative school. An alternative school is a school that is operated by the school district in accordance with this section, approved by the state board of education, and maintained in a suitable and sanitary space, equipped with appropriate furnishings, equipment, and supplies.
II.(a) The school board of a school district seeking to establish an alternative school shall approve a written plan of operation and administration for the alternative school and shall furnish a copy of the plan to the state board of education for consideration at its next meeting. The state board may approve or deny the plan and, if a plan is denied, shall provide the school district with written findings explaining the reasons for denial. No alternative school shall be operated in any school district unless the state board of education approves the school district plan.
(b) The state board of education shall establish rules, pursuant to RSA 541-A, governing the necessary elements of the plan and requirements for the establishment and operation of alternative schools which are consistent with this section.
III. Assignment of a pupil to an alternative school shall require the written agreement of the pupil’s parent or legal guardian.
IV. All teachers in an alternative school shall be credentialed by the state board of education and supervised by the district superintendent and a certified school administrator.
V. Alternative schools shall provide instruction in those subjects set forth in the plan and shall comply with all education laws of this state and New Hampshire department of education rules applicable to the grade levels of the pupils in attendance.
VI. A child with a disability may attend an alternative school only if such attendance is the decision of the individualized education program team and the alternative school is approved by the special education bureau of the department of education. School districts that operate alternative schools shall retain all Child Find responsibilities required by state and federal law for all pupils in the alternative school. This section shall not affect any state or federal law that provides for a free and appropriate public education for a child with a disability.
VII. Nothing in this section shall prevent a school district from operating an alternative program that is part of a standard school and that is under the supervision of the principal of such standard school, including an alternative program that is housed in a separate facility.
2 Effective Date. This act shall take effect 60 days after its passage.