Revision: Dec. 14, 2011, midnight
HB 1360 – AS INTRODUCED
2012 SESSION
HOUSE BILL 1360
AN ACT relative to the rulemaking authority of the state board of education.
SPONSORS: Rep. Balboni, Hills 21; Rep. L. Ober, Hills 27
This bill exempts the state board of education from the rulemaking procedures in RSA 541-A and requires the state board of education to submit proposed rules to the house and senate education committees for approval.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2187
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the rulemaking authority of the state board of education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Board of Education; Administrative Rules Repealed. Notwithstanding RSA 541-A, all rules proposed or adopted by the state board of education, up to and including the effective date of this act, shall expire one year after the effective date of this act.
2 New Paragraph; Administrative Procedures Act; Exceptions. Amend RSA 541-A:21 by inserting after paragraph VII the following new paragraph:
VIII. Rules proposed by the state board of education which shall be subject to the provisions of RSA 21-N:11, V and exempt from RSA 541-A.
3 Department of Education; Rulemaking. Amend the introductory paragraph of RSA 21-N:9, I to read as follows:
I. The board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to minimum standards for:
4 Department of Education; Rulemaking. Amend the introductory paragraph of RSA 21-N:9, II to read as follows:
II. The board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to:
5 Department of Education; Rulemaking. Amend the introductory paragraph of RSA 21-N:9, III to read as follows:
III. The [department] state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V relative to:
6 Department of Education; Duties of the State Board of Education. Amend RSA 21-N:11, V to read as follows:
V. [Adopt] Propose rules [as provided in 21-N:9] to the chairpersons of the house and senate education committees for distribution to each member of the committees. Rules proposals submitted to each committee shall include the specific statutory reference authorizing the proposed rule, an explanation of the purpose and wording of the proposed rule, and an explanation of how the proposed rule will comply with the statute authorizing it. The members of the house and senate education committees receiving proposed rules shall review the proposed rules to determine whether they are consistent with the intent of the authorizing legislation. If either the house or senate education committee concludes that a proposed rule is not consistent with the intent of the authorizing legislation, the committee shall send written notice to the state board of education identifying the provision or provisions the committee believes to be inconsistent with legislative intent. Such written notice shall be sent to the state board of education via e-mail and shall be delivered so as to be received by the state board of education no later than the deadline specified by the committee. Each committee shall vote on the proposed rules. Proposed rules shall only be approved by a majority vote of each committee, and upon approval, may be implemented by the state board of education. The state board of education shall send a copy of all approved rules to the director of the office of legislative services.
7 Child Restraint Practices in Schools and Treatment Facilities. Amend RSA 126-U:7, III to read as follows:
III. Unless prohibited by court order, the director or his or her designee shall, within 2 business days of receipt of the notification required in paragraph II, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and the guardian ad litem the information contained in the notification. Each notification prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under RSA [541-A] 21-N:11, V by the state board of education and the department of health and human services.
8 Child Restraint Practices in Schools and Treatment Facilities. Amend RSA 126-U:8 to read as follows:
126-U:8 Review of Restraint Records by Department of Education. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, establishing a process for periodic, regular review of records of restraint usage kept by schools and providing a process for complaints and investigations of reports of improper use of restraint in schools. Beginning November 1, 2010, and each November 1 thereafter, the state board of education shall provide an annual report to the chairperson of the children and family law committee of the house of representatives regarding the use of restraint in schools. The annual report shall be prepared from the periodic, regular review of such records, and shall include the number and location of reported incidents and the status of any outstanding investigations.
9 State Board of Education; Rulemaking. Amend the introductory paragraph of RSA 186:8 to read as follows:
186:8 Rulemaking Authority; Standards; Employee Qualifications. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to:
10 State Board of Education; Duties. Amend the introductory paragraph of RSA 186:11, X to read as follows:
X. Adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to:
11 State Board of Education; Duties. Amend RSA 186:11, XXIX and XXIX-a to read as follows:
XXIX. Adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to reasonable criteria for approving nonpublic schools for the purpose of compulsory attendance requirements. The rules may contain criteria for conditional approval as specified by the state board. The state board of education may, upon request, designate which schools meet those criteria, and may, upon the request of a nonpublic school, approve or disapprove its education program and curriculum.
XXIX-a. Adopt rules pursuant to RSA [541-A] 21-N:11, V, relative to establishing a process for receiving, investigating, and resolving complaints from parents or legal guardians concerning school safety and school violence in nonpublic schools.
12 State Board of Education; Duties. Amend RSA 186:11, XXXI to read as follows:
XXXI. Driver Education. Establish jointly with the department of safety, teacher qualifications, course content and standards, in connection with the driver education program conducted in secondary schools in this state; and adopt such rules pursuant to RSA 21-N:11, V as may be necessary to carry out the program and supervise the driver education program in the secondary schools of the state. Driver education instructors shall not be required to be certified as secondary school teachers. Although authority is shared by the departments of safety and education, those regulations, directions, and procedures that have a direct or indirect relationship to a life or safety issue shall rest with the department of safety as the final and ultimate authority.
13 State Board of Education; Duties. Amend RSA 186:11, XXXV to read as follows:
XXXV. Certification Standards for the Credential of Master Teacher. Adopt rules pursuant to RSA 21-N:11. V creating the educational credential of master teacher based on the provisions of RSA 189:14-f.
14 Adult High School Education Program. Amend RSA 186:61 to read as follows:
186:61 Establishment of Adult High School Education Program.
I. The state board of education shall establish and promote an educational program for adults to earn a high school diploma or its equivalent. This program shall be administered by the division of career technology and adult learning, department of education, in accordance with [the] rules [adopted by the state board] pursuant to RSA 21-N:11, IV.
II. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to:
(a) The issuance of high school diplomas to adults.
(b) The issuance of high school equivalency certificates based on uniform educational criteria.
(c) Designation of public schools and institutions of higher education to serve as testing centers for high school equivalency certificate examinations.
15 Other Adult Education Programs. Amend RSA 186:62, I to read as follows:
I. The state board of education shall promote and encourage other programs of adult and continuing education. The board shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to standards and accreditation of those adult and continuing education programs which involve certification of adult learners at the high school level.
16 Program for Blind Established. Amend RSA 186-B:3, II to read as follows:
II. The department of education shall develop or cooperate with other agencies in providing services to the blind, including the locating of blind persons, vocational guidance and training of the blind, placement of blind persons in employment, instruction of the adult blind in their homes, and other services to blind persons. In connection with assistance to needy blind persons the board of education shall give due consideration to the special needs associated with the condition of blindness and, in cooperation with the department of health and human services, shall: (a) [adopt] propose rules stating in terms of ophthalmic measurements the amount of visual acuity which an applicant may have and be eligible for assistance and providing for an examination by an ophthalmologist or physician skilled in diseases of the eye or by an optometrist, whichever the individual may select, in making the determination whether the individual is eligible and fixing the fee for such examination; (b) establish the procedure for securing competent medical examination; (c) designate or approve a suitable number of ophthalmologists or physicians skilled in diseases of the eye, and optometrists, who must be duly licensed or registered under the laws of this state and actively engaged in the practice of their professions, to examine applicants and recipients of aid to determine their eligibility for assistance; (d) fix the fees to be paid for medical examination from funds available to the department of health and human services.
17 Vending Facilities Operated by Blind Persons. Amend RSA 186-B:11-a to read as follows:
186-B:11-a Rulemaking Authority; Board of Education. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, to carry out the provisions of this chapter.
18 Vending Facilities Operated by Blind Persons. Amend RSA 186-B:12 to read as follows:
186-B:12 Licenses. Blind services shall issue a license for the operation of a vending facility only to a blind person who is able, with such disability, to operate a vending facility. In issuing any license, blind services shall give preference to a blind person who is a resident of this state. Each license issued shall be for an indefinite period, but may be terminated by blind services if it is satisfied that the facility is not being operated in accordance with rules adopted [by the board of education under RSA 186-B:11-a] pursuant to RSA 21-N:11, V.
19 Special Education; Definitions. Amend RSA 186-C:2, I-V(a) to read as follows:
I. “Child with a disability” means any person 3 years of age or older but less than 21 years of age who has been identified and evaluated by a school district according to rules [adopted] proposed by the state board of education and adopted pursuant to RSA 21-N:11, V and determined to have an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, an emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, acquired brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, or a child at least 3 years of age but less than 10 years of age, experiencing developmental delays, who because of such impairment, needs special education or special education and related services. “Child with a disability” shall include a child ages 18 to 21, who was identified as a child with a disability and received services in accordance with an individualized education program but who left school prior to his or her incarceration, or was identified as a child with a disability but did not have an individualized education program in his or her last educational institution.
I-a. “Developmentally delayed child” means a child at least 3 years of age or older, but less than 10 years of age, who, because of impairments in development, needs special education or special education and related services, and may be identified as being developmentally delayed provided that such a child meets the criteria [established] proposed by the state board of education and adopted pursuant to RSA 21-N:11, V.
I-b. “Division” means the division of educational improvement, department of education.
II. “Approved program” means a program of special education that has been approved by the state board of education and that is maintained by a school district, regional special education center, private organization, or state facility for the benefit of children with disabilities, and may include home instruction provided by the school district.
III. ”Individualized education program” means a written plan for the education of a child with a disability that has been developed by a school district in accordance with rules [adopted] proposed by the state board of education and adopted pursuant to RSA 21-N:11, V and that provides necessary special education or special education and related services within an approved program.
IV. “Special education” means instruction specifically designed to meet the unique needs of a child with a disability.
V.(a) “Related services” means:
(1) Suitable transportation to all children with disabilities whose individualized education program requires such transportation. The school district may board a child as close to the place where instruction is to be furnished as possible, and shall provide transportation, if required by the child’s individualized education program, from the place where the child is boarded to the place of instruction; and
(2) Such developmental, corrective, and other supportive services as are specifically required by an individualized education program to assist a child with a disability to benefit from special education; and
(3) Services necessary for a child with a disability to benefit from special education and when placement in a residential facility has been made by the legally responsible school district in order to comply with RSA 186-C:9, or when placement has been ordered by a hearings officer or by a court of competent jurisdiction on appeal, pursuant to rules [adopted] proposed by the state board of education [under RSA 186-C:16, IV] and adopted pursuant to RSA 21-N:11, V.
20 Special Education; Program Approval. Amend RSA 186-C:5, I(a) to read as follows:
(a) The state board of education shall adopt rules pursuant to RSA 21-N:11, V establishing a process and standards for the approval and monitoring of programs of education that are maintained by school districts, regional special education centers, and private organizations or state facilities for the benefit of children with disabilities, including chartered public schools, home-based programs and alternative schools or programs; except, however, that approval of education programs for the special district established in RSA 194:60 shall be pursuant to the standards set forth in the interagency agreements between the department of corrections and the department of education.
21 Special Education; Program Approval. Amend RSA 186-C:5, V(a) to read as follows:
(a) The provisions of this paragraph shall be enforced subsequent to the issuance of an order resulting from a complaint investigated, a due process hearing, or a monitoring activity pursuant to rules adopted under RSA [541-A] 21-N:11, V.
22 Special Education; Program Approval. Amend RSA 186-C:5, VII to read as follows:
VII. The department shall [adopt] propose rules for the school district appeals process for corrective actions imposed under subparagraphs [V(a)(5)-(11)] V(e)(5)-(11).
23 Individualized Education Program. Amend RSA 186-C:7, II to read as follows:
II. The parents of a child with a disability have the right to participate in the development of the individualized education program for the child and to appeal decisions of the school district regarding such child’s individualized education program as provided in rules adopted in accordance with [RSA 541-A by the state board of education] RSA 21-N:11, V.
24 Special Education; Surrogate Parents. Amend RSA 186-C:14, VII to read as follows:
VII. Rules. The state board of education shall adopt rules pursuant to RSA 21-N:11, V necessary for the administration of the provisions of this section.
25 Special Education; Foster Parent Representation. Amend RSA 186-C:14-a, V to read as follows:
V. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, necessary for the implementation of this section.
26 Special Education; Rulemaking. Amend the introductory paragraph of RSA 186-C:16 to read as follows:
186-C:16 Rulemaking. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, and consistent with the provision of a free appropriate public education, relative to:
27 Special Education; Special Education Hearing Officers. Amend RSA 186-C:16-a to read as follows:
186-C:16-a Special Education Hearing Officers. Hearing officers appointed by the department of education to hear special education impartial due process appeals shall have the authority to compel the attendance of witnesses in accordance with RSA 516:1 including issuing subpoenas for parents who are representing themselves. Any costs incurred in issuing a subpoena shall be the responsibility of the party requesting the subpoena, unless otherwise determined by the hearing officer. The state board of education may adopt rules pursuant to RSA [541-A] 21-N:11, V to implement the provisions of this section, including guidelines to be used for consideration by the hearing officers in determining the responsibility of costs of the subpoena. Nothing in this section shall prohibit any justice from issuing a subpoena for such hearing in accordance with RSA 516:3.
28 Special Education; State Aid. Amend RSA 186-C:18, III(a) to read as follows:
(a) The state board of education through the commissioner, department of education, shall distribute aid available under this paragraph as entitlement to such school districts as have a special education pupil for whose costs they are responsible, for whom the costs of special education in the fiscal year exceed 3 1/2 times the estimated state average expenditure per pupil for the school year preceding the year of distribution. If in any year, the amount appropriated for distribution as catastrophic special education 186-C:18 aid in accordance with this section is insufficient therefor, the appropriation shall be prorated proportionally based on entitlement among the districts entitled to a grant. If there are unexpended funds appropriated under this paragraph at the end of any fiscal year, such funds shall be distributed for court-ordered placements under RSA 186-C:19-b. The state may designate up to $250,000 of the funds which are appropriated as required by this paragraph, for each fiscal year, to assist those school districts which, under guidelines [established by] developed in rules [of] adopted by the state board of education pursuant to RSA 21-N:11, V, may qualify for emergency assistance for special education costs. Upon application to the commissioner of education, and approval by the commissioner, such funds may be accepted and expended by school districts in accordance with this chapter; provided, however, that if a school district has received emergency assistance funds for certain children with disabilities, it shall not receive catastrophic special education aid for those same children with disabilities. If any of the funds designated for emergency assistance under this paragraph are not used for such emergency assistance purposes, the funds shall be used to assist school districts in meeting catastrophic cost increases in their special education programs as provided by this paragraph.
29 Special Education; State Aid. Amend RSA 186-C:18, IV-V to read as follows:
IV. The state shall appropriate an amount for each fiscal year to assist special education programs that are statewide in their scope, and that meet the standards for such programs [established] developed in rules adopted by the state board of education pursuant to RSA 21-N:11, V. Funds under this paragraph shall be administered and distributed by the state board of education through the commissioner.
V. The state board of education shall adopt rules pursuant to RSA [541-A] 21-N:11, V relative to:
(a) Prescribing the forms to be used to apply for any benefit covered by any other subparagraph of this paragraph;
(b) Administering and distributing aid;
(c) [Repealed.]
(d) School districts applying for catastrophic aid under paragraph III;
(e) School districts identifying catastrophic costs under paragraph III;
(f) Establishing standards for statewide special education programs under paragraph IV.
30 Special Education; State Aid. Amend RSA 186-C:18, XI(b) to read as follows:
(b) The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, establishing procedures pursuant to this paragraph for reimbursement to school districts.
31 Construction or Renovation of Regional Vocational Centers. Amend RSA 188-E:3, I to read as follows:
I. The commissioner, department of education, shall make grants available to designated regional centers for construction of vocational education facilities or renovation of existing regional vocational centers. The state board shall adopt rules, pursuant to RSA [541-A] 21-N:11, V and RSA 21-N:9, II, which the commissioner shall carry out, relative to requirements for approval of regional vocational education centers to receive funds for construction or renovation of such facilities. The rules shall include criteria which guarantee potential sending districts an opportunity to enroll students in the regional vocational program, and basic criteria for planning such facilities through cooperative development of plans by the vocational education staff of the state department of education and the local school district’s staff. When such plans appear to be both educationally and financially acceptable, the department’s vocational staff shall recommend to the commissioner that they be approved for funding.
32 Regional Vocational Education; Tuition. Amend RSA 188-E:7 to read as follows:
188-E:7 Tuition. The department of education is authorized to pay from its regular budget tuition for full or part-time students, attending programs at designated vocational centers or designated vocational educational courses at other comprehensive high schools, whose residence is in a district where the high school of normal attendance does not offer a similar vocational education course. The department is authorized to pay from its budget for at risk students who reside in a school district in which the high school does not offer an alternative education program, to attend an alternative education program at a regional vocational education center or the associated high school. The tuition payment shall not exceed the cost of attending the regional vocational education center. The liability of the state and local school districts for tuition shall be determined by the state board under rules adopted pursuant to RSA [541-A] 21-N:11, V, provided that a receiving district may charge a student from a sending district a differential vocational education rate and that the receiving district shall deposit that differential into its capital reserve account to be used for vocational centers and equipment.
33 Regional Vocational Education; Transportation. Amend RSA 188-E:8 to read as follows:
188-E:8 Transportation. The department of education is authorized to pay from its regular budget the cost of transportation for regional vocational students and for at risk students who attend alternative education programs located at a regional vocational education center or the associated high school. Transportation costs shall not exceed the rate adopted [pursuant to RSA 541-A] in rules adopted by the state board pursuant to RSA 21-N:11, V. The sending district shall be responsible for paying the transportation costs and shall be reimbursed from state funds.
34 Pre-Engineering Technology Curriculum. Amend the introductory paragraph of RSA 188-E:14, II to read as follows:
II. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to course content, curricular requirements, and general procedures for implementing the pre-engineering technology curriculum. At a minimum, the curriculum shall include the following courses:
35 Automotive Technology Curriculum. Amend RSA 188-E:18, II to read as follows:
II. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to course content, curricular requirements, and general procedures for implementing the automotive technology curriculum. At a minimum, the curriculum shall include standards established by the National Automotive Technicians Education Foundation (NATEF).
36 Food and Nutrition Programs. Amend RSA 189:11-a, VI to read as follows:
VI. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to a model physical activity policy and distribute such policy to each public school in the state.
37 Literacy Instruction and Dropout Prevention. Amend RSA 189:58 to read as follows:
189:58 Rulemaking. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to the procedures and guidelines necessary to effect the purposes of this subdivision.
38 School Attendance; Dual Enrollment Programs. Amend the introductory paragraph of RSA 193:1-b, I to read as follows:
I. In order to accomplish the secular educational purposes of RSA 193:1-a, the state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V and RSA 21-N:9, II(h), relative to:
39 Change of School or Assignment. Amend RSA 193:3, II to read as follows:
II. The state board of education shall adopt rules pursuant to RSA [541-A] 21-N:11, V, relative to manifest educational hardship and related issues which affect a child’s attendance at school. Each school district shall establish a policy, consistent with the state board’s rules, which shall allow a school board, with the recommendation of the superintendent, to take appropriate action including, but not limited to, assignment to a public school in another district when manifest educational hardship is shown.
40 School Attendance; Change of School Assignment. Amend RSA 193:14-a to read as follows:
193:14-a Change of School Assignment; Duties of State Board of Education. The state board of education in conjunction with the department of education shall make available to local school boards information regarding the responsibilities of the local boards when parents request a change in school assignment. Such information shall include an explanation of local board’s authority and responsibilities, as well as the rights and responsibilities of parents seeking a change of assignment as set forth in RSA 193:3[,] and RSA 193:14 and applicable rules adopted under RSA [541-A] 21-N:11, V.
41 Education of Children Placed in Homes, Health Care Facilities, or State Institutions. Amend RSA 193:30 to read as follows:
193:30 Rulemaking Authority. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V and RSA 21-N:9, II(l), relative to education of children placed in homes for children, health care facilities, or state institutions. Such rules may include provisions for administrative hearings to resolve disputes between school districts relative to reimbursement under RSA 193:29.
42 Home Education. Amend RSA 193-A:1, II to read as follows:
II. “Nonpublic school” means a nonpublic school approved pursuant to rules adopted [by the state board of education] pursuant to RSA 21-N:11, V and administered by the department of education and which has agreed to administer the relevant provisions of this chapter.
43 Home Education; Rulemaking. Amend RSA 193-A:3 to read as follows:
193-A:3 Rulemaking. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to administering the home education program.
44 Home Education Advisory Council. Amend RSA 193-A:10, II to read as follows:
II. The duties of the council and the terms of office of the members appointed under subparagraph I(c) shall be prescribed in accordance with rules [proposed by the commissioner of education and] adopted by the state board of education pursuant to RSA [541-A] 21-N:11, V. Legislative members of the council shall serve a term which is coterminous with their elected office.
45 Drug Free School Zones. Amend the introductory paragraph of RSA 193-B:4 to read as follows:
193-B:4 Rulemaking; Notice; Posting. The state board of education, in consultation with the New Hampshire Police Chiefs’ Association, shall adopt rules pursuant to RSA [541-A] 21-N:11, V relative to:
46 Statewide Education Improvement and Assessment Program. Amend RSA 193-C:4 to read as follows:
193-C:4 Rulemaking. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, relative to the exemption of certain students from participation in the program. Nothing in this section shall be construed to limit the ability of the state board of education to adopt rules pursuant to the authority granted by the general court.
47 Statewide Education Improvement and Assessment Program; Duties of Oversight Committee. Amend RSA 193-C:8, VIII to read as follows:
VIII. Receive reports from the state board of education including rules recommended by the department to be adopted by the state board of education under RSA [541-A] 21-N:11, V relative to statewide performance targets required under RSA 193-H:2. The legislative oversight committee shall propose legislation to be submitted to establish such statewide performance targets in state statute during the legislative session following the approval of any recommendations which the state board of education is required to make.
48 Safe School Zones; Rulemaking Authority. Amend the introductory paragraph of RSA 193-D:2, I to read as follows:
I. The state board of education shall adopt rules relative to safe school zones, under RSA [541-A] 21-N:11, V, for public school pupils and public school employees regarding:
49 Substantive Educational Content of an Adequate Education. Amend RSA 193-E:2-a, VI to read as follows:
VI. In this section, “school approval standards” shall mean the applicable criteria that public schools and public academies shall meet in order to be an approved school, as adopted [by the state board of education through administrative rules] pursuant to RSA 21-N:11, V.
50 Delivery of an Adequate Education. Amend the introductory paragraph of RSA 193-E:3, I to read as follows:
I. Annually, beginning with the 2002-2003 school year, each school district shall report data to the department of education at the school and district levels on the indicators set forth in this paragraph. The report shall not contain personally identifiable information including but not limited to name, gender, or social security number. The department of education shall develop a reasonable schedule to phase-in the reporting of new data required by federal law. The requirements for data keeping and the form of the report shall be established in accordance with rules adopted [by the state board of education through administrative rules] pursuant to RSA 21-N:11, V. Indicators shall include the following areas:
51 Delivery of an Adequate Education. Amend RSA 193-E:3, VI(c) to read as follows:
(c) The state board of education, in consultation with the university system of New Hampshire board of trustees and the community college system of New Hampshire board of trustees shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, for developing a form to be used for the report and to establish requirements for data maintenance.
52 Delivery of an Adequate Education. Amend RSA 193-E:3, VII(c) to read as follows:
(c) The state board of education, in consultation with the department of health and human services, shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, for developing a form to be used for the report and to establish requirements for data maintenance.
53 Adequate Public Education; Definitions. Amend RSA 193-E:3-a, IV to read as follows:
IV. “Performance-based school accountability system” means the scoring system required under RSA 193-E:3-b and implemented by the department in rules adopted pursuant to RSA [541-A] 21-N:11, V.
54 School Performance and Accountability; Statewide Performance Targets. Amend RSA 193-H:2 to read as follows:
193-H:2 Statewide Performance Targets.
I. On or before the 2013-2014 school year, schools shall ensure that all pupils are performing at the basic level or above on the statewide assessment as established in RSA 193-C.
II. In addition to the requirements of paragraph I, schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in rules adopted by the state board of education pursuant to RSA [541-A] 21-N:11, V.
III. Schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in the rules adopted by the state board of education pursuant to RSA [541-A] 21-N:11, V, relative to the statewide assessment.
IV. Schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in the rules adopted by the state board of education pursuant to RSA [541-A] 21-N:11, V, relative to attendance rate.
V. Schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in the rules [adopted] proposed by the state board of education pursuant to RSA [541-A] 21-N:11, V, relative to the percentage of pupils who graduate with a regular diploma from an approved high school.
VI. Notwithstanding [RSA 541-A] RSA 21-N:11, V, the state board of education shall receive approval from the legislative oversight committee established in RSA 193-C prior to the submission of any proposed rules [to the joint legislative committee on administrative rules] relative to statewide performance targets required under this section.
55 Chartered Public Schools; State Board Rulemaking Authority. Amend RSA 194-B:18 to read as follows:
194-B:18 State Board Rulemaking Authority. The state board shall [be authorized to adopt] propose rules, under RSA [541-A] 21-N:11, V, to permit administration of the provisions of this chapter.
56 Open Enrollment Schools; State Board Duties. Amend RSA 194-D:7, I to read as follows:
I. The state board shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, consistent with the provisions of this chapter relative to the administration of open enrollment schools.
57 School Building Aid; Grants for Leased Space. Amend RSA 198:15-hh, III to read as follows:
III. A school district, city, cooperative school district, joint maintenance agreement, receiving district operating an area school as defined in RSA 195-A:1, or chartered public school authorized under RSA 194-B:3-a shall submit details of the lease arrangement, including a copy of the proposed lease agreement, in writing to the state board of education on such forms as the state board may prescribe. Grant applications for leased space shall be submitted before January 1 of each year in order to be eligible for grants in the fiscal year following the year of submittal. The state board of education shall[, no later than March 1, 2004,] adopt rules pursuant to RSA [541-A] 21-N:11, V, relative to procedures for grant applications for leased space.
58 Investigation of Air Quality. Amend RSA 200:11-a, I to read as follows:
I. The school principal, or designee shall annually investigate the air quality of any schoolhouse or building used for school purposes using a checklist provided by the department of education. The checklist shall be established in rules adopted by the state board of education pursuant to RSA [541-A] 21-N:11, V. The purpose of the review shall be to consider physical factors that can influence the air quality within the schoolhouse or building. The review shall require a physical assessment of the facilities, not a measurement of the air quality. The checklist shall allow an evaluation of the following physical conditions that can impact air quality: general cleanliness, ventilation, moisture control, and chemical use and storage. The completed checklist shall be filed after the annual inspection with the department of education, the local school board, and the local health officer. Checklists shall remain on file for 5 years. Checklists shall be reviewed during the 5 year school approval process and shall be a factor in the approval process for a public school.
59 Telecommunications Equipment Program; Rulemaking. Amend the introductory paragraph of RSA 200-C:8 to read as follows:
200-C:8 Rulemaking Authority. The state board of education shall adopt rules, under RSA [541-A] 21-N:11, V, relative to:
60 Workers Personal Care Assistance Program; Rulemaking. Amend RSA 200-C:15 to read as follows:
200-C:15 Rulemaking. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, to implement the workers’ personal care assistance program.
61 Program for the Deaf and Hard of Hearing; Rulemaking. Amend RSA 200-C:20 to read as follows:
200-C:20 Rulemaking Authority. The state board of education, shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, to implement the program for the deaf and hard of hearing.
62 Program for Deaf and Hard of Hearing; Examination Fee. Amend RSA 200-C:20-a, I to read as follows:
I. Interpreters seeking to be licensed under RSA 326-I who are required to be examined by the department of education shall be charged a fee for the national level or state level examination by the department of education, as appropriate. The state board of education shall establish, pursuant to RSA [541-A] 21-N:11, V, a fee schedule for such purpose. The administrator, bureau of vocational rehabilitation, shall assess and collect such fees.
63 Supported Employment Program; Rulemaking. Amend RSA 200-C:23 to read as follows:
200-C:23 Rulemaking. The state board of education, shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, to implement the supported employment program.
64 Independent Living Program; Rulemaking. Amend RSA 200-C:26 to read as follows:
200-C:26 Rulemaking. The state board of education shall adopt rules, pursuant to RSA [541-A] 21-N:11, V, to implement the independent living program.
65 Speech-Language Pathology Practice; Exemptions. Amend RSA 326-F:2, I(a) to read as follows:
(a) Speech-language specialists who are certified under rules adopted by the state board of education and adopted pursuant to [RSA 21-N:9, II(s)] RSA 21-N:11, V, unless they are also licensed under this chapter.
66 Effective Date. This act shall take effect 60 days after its passage.