Bill Text - SB358 (2018)

Relative to reorganization of the department of education.


Revision: Jan. 19, 2018, 10:41 a.m.

SB 358 - AS AMENDED BY THE SENATE

 

01/18/2018   0064s

2018 SESSION

18-2925

06/04

 

SENATE BILL 358

 

AN ACT relative to reorganization of the department of education.

 

SPONSORS: Sen. Reagan, Dist 17

 

COMMITTEE: Education

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill:

 

I.  Modifies the duties of the commissioner of the department of education and the deputy commissioner of the department of education.

 

II.  Changes the division of educational improvement to the division of learner support and modifies the duties of the division.

 

III.  Changes the division of program support to the division of education analytics and resources and modifies the duties of the division.

 

IV.  Changes the division of technology and adult learning to the division of workforce innovation and modifies the duties of the division.

 

V.  Changes the division of higher education to the division of educator support and higher education and modifies the responsibilities of the director of educator support and higher education.

 

This bill is a request of the department of education.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/2018   0064s 18-2925

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to reorganization of the department of education.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Department of Education; Duties of Commissioner.  Amend RSA 21-N:4 through RSA 21-N:8-a, I to read as follows:

21-N:4  Duties of Commissioner.  In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of education, the duties of the office of the commissioner shall include but not be limited to:  

I.  [Establish] Establishing the organizational goals of the department and [represent] representing the public interest in the administration of the functions of the department of education and [be] being responsible to the governor, the general court, and the public for such administration.

II.  [Have] Having the authority, subject to the approval of the governor and council, to accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the policy objectives of the department of education as set forth in RSA 21-N:1 and except as prohibited by any other provision of law.

III.  [Provide] Providing for a fair hearings unit within the commissioner's office which shall, when not inconsistent with federal law, conduct all hearings required under the provisions of RSA 186-C or any state or federal law or regulation.  Such hearings shall be conducted as adjudicative proceedings as provided in RSA 541-A.  The hearing officer, when appropriate and when not inconsistent with state or federal law, shall present proposed findings and recommendations to the commissioner who shall, upon review of the record, issue a final decision in the matter.

IV.  [Represent] Representing the department on boards, commissions, committees, and professional associations, or [shall designate] appointing a designee.

V.  [Establish] Establishing procedures to provide school administrative units with professional staff services, including direct services to school administrative units in improving the effectiveness and efficiency of administrative and instructional services.  Such services shall include, but not be limited to, assistance in addressing problems, resolving disputes, and planning for internal reorganization; development of clearer role definitions for superintendents, assistant and associate superintendents, and school boards; and provision of resources and programs for board training and community education regarding school administrative unit functions and board and staff roles and responsibilities.

VI.  [Plan] Planning and [apply] applying for federal and other grants on a department-wide basis.

VII.  [ Promote the application of educational research.

VIII.  Administer the provisions of RSA 193-C relative to the statewide educational improvement and assessment program and RSA 193-E.

IX.  Oversee audit and financial monitoring functions which shall:

(a)  Provide analytical reports of examinations conducted of the department's various divisions, bureaus, sections, programs and functions.  Examinations shall be conducted and reports prepared in accordance with standards of governmental auditing and program evaluation specified by authoritative national standard setting bodies.  Reports shall contain analyses, appraisals, comments, and recommendations relating to the accuracy and competence of accounting, financial, and management procedures in use.

(b)  Insure compliance with federal grant requirements and review grantee and subgrantee compliance with all department grant requirements.

(c)  Not assume any managerial, supervisory, or operational function, or direct action initiated as a result of the unit's recommendations.

X.  Review, on an ongoing basis, the development and administration of standards.

XI.  Provide] Providing to the secretary of state in August of each year a list or lists of all colleges, universities, and career schools approved or licensed to operate in New Hampshire, all public high schools, and all nonpublic high schools in New Hampshire accredited by a private school accrediting agency recognized by the department of education.

[XII.  No later than October 1, 2017, establish a chartered public school program officer position which shall be a classified position.  The commissioner shall include a new classified chartered public school program officer classified position in its efficiency expenditure request pursuant to RSA 9:4 for the biennium ending June 30, 2019 and every biennium thereafter.  The chartered public school program officer shall:

(a)  Answer inquiries regarding charter public schools.

(b)  Act as a liaison between chartered public schools and the department of education.

(c)  Ensure that a chartered public school is implementing its charter mission.

(d)  Provide training for interested parties on the governance of chartered public schools and the development of chartered public school policy.

(e)  Assist the chartered public school in identifying and securing alternative funding sources.

(f)  Receive and evaluate progress reports from chartered public schools, identify best practices for instruction and management in chartered public schools, and develop a process to share such best practices with other public schools.

(g)  Act as the liaison between chartered public schools and the United States Department of Education.

(h)  Act as the liaison between chartered public school advocacy groups and interested parties.

(i)  Act as the liaison between chartered public schools and other public schools in the chartered public school's geographic region.

(j)  Work closely with the resident school districts and chartered public schools to assure appropriate support for students with disabilities.

XIII] VIII.  With the advice of the state board of education, and in consultation with the deputy commissioner and the directors of the affected divisions, [have] having the authority to transfer or assign functions, programs, or services within or between any division.  When transfers or assignments are made that require legislative action, the commissioner shall work with the legislature in the legislative session immediately following such transfers or assignments to codify such transfers or assignments in law.

IX.  Overseeing and providing, in conjunction with the deputy commissioner, the functions enumerated in RSA 21-N:5, I; RSA 21-N:6; RSA 21-N:7; and RSA 21-N:8.

21-N:5  Duties of Deputy Commissioner.  The duties of the deputy commissioner shall include, but not be limited to the following, in accordance with applicable laws:

I.  Provide for the following functions:

(a)  Implementing the organizational goals, managing the work of the department, and directing the division directors in carrying out state and federal obligations.

(b)  Assuring that the division directors comply with the procedures established by the commissioner relative to support for local schools under RSA 21-N:4, V.

(c)  Personnel management.

(d)  Developing and maintaining a system of accounting records and budget control procedures which meet all state and applicable federal accounting, purchasing, and reporting requirements.

(e)  Property and contracts.

(f)  Requiring and approving the development of short- and long-range division level plans and their implementation.

(g)  [Rate setting, as specified under RSA 186-C:7, III.  Such rate setting shall be accomplished in consultation with the department of health and human services and the department of administrative services.

(h)]  Administering finance and operations.

[(i)] (h)  Fiscal management of all federal and other grants.

(i)  Assuring compliance with all federal and state equal opportunity and access requirements, including, but not limited to, those federal requirements concerning awareness and elimination of discrimination on the basis of sex, race, language, national origin, or disability, and state requirements in accordance with RSA 354-A.

(j)  Administering department responsibilities for information services.

II.  Exercise, subject to the supervision of the commissioner, superior authority over the directors of the divisions of the department relative to areas of responsibility specified in this section.

21-N:6  Division of [Educational Improvement] Learner Support.  There is hereby established within the department the division of [educational improvement] learner support, under the supervision of an unclassified director of [educational improvement] learner support [who shall be responsible for] whose responsibilities shall include, but not be limited to, the following functions, in accordance with applicable laws:

I.  Providing technical and consulting services in both academic and support areas to public elementary and secondary schools.

II.  Administering the provisions of RSA 186-C relative to special education, including rate setting under RSA 186-C:7-c, III.  Such rate setting shall be accomplished in consultation with the department of health and human services and the department of administrative services.

III.  Administering federal and state programs designed to assist the education of students and teachers.

IV.  [Developing and administering standards governing the professional development of educators from pre-service preparation through ongoing professional growth.] Administering department responsibilities for nutrition programs and services.

V.  Administering standards for approving elementary and secondary schools in accordance with rules adopted by the board under RSA 21-N:9, I.

VI.  [Repealed.]

VII.  Administering career technology and adult learning programs.

VIII.  Administering the provisions of RSA 186:61 and RSA 186:62, relative to adult basic education, except functions assigned exclusively to the deputy commissioner, as provided by RSA 21-N:5.

IX.  Reviewing, on an ongoing basis, the development and administration of academic standards.

X.  Administering the provisions of RSA 193-C relative to the statewide educational improvement and assessment program.

21-N:7  Division of [Program Support] Education Analytics and Resources.  There is hereby established within the department the division of [program support] education analytics and resources, under the supervision of an unclassified director of [program support] education analytics and resources [who shall be responsible for] whose responsibilities shall include, but not be limited to, the following functions, in accordance with applicable laws:

I.  [Administering standards for certifying and recertifying educational personnel, including monitoring local staff development efforts.

II.  Assuring compliance with all federal equal opportunity and access requirements, including, but not limited to, those requirements concerning awareness and elimination of discrimination on the basis of sex, race, language, national origin, or disability.

III.]  Providing school [building construction] facility and safety services and administering the school building aid program under RSA 198 and any state funded grant program to school districts relative to school buildings, infrastructure, and safety.

[IV.  Administering department responsibilities for nutrition programs and services.

V.  Administering department responsibilities for information services.

VI] II.  Collecting, compiling, analyzing, and reporting on education data.

III.  Promoting the application of educational research.

IV.  Administering the provisions of RSA 193-E related to adequate public education.

V.  Administering a chartered public school program office which shall:

(a)  Answer inquiries regarding charter public schools.

(b)  Act as a liaison between chartered public schools and the department of education.

(c)  Ensure that a chartered public school is implementing its charter mission.

(d)  Provide training for interested parties on the governance of chartered public schools and the development of chartered public school policy.

(e)  Assist chartered public schools in identifying and securing alternative funding sources.

(f)  Receive and evaluate progress reports from chartered public schools, identify best practices for instruction and management in chartered public schools, and develop a process to share such best practices with other public schools.

(g)  Act as the liaison between chartered public schools and the United States Department of Education.

(h)  Act as the liaison between chartered public school advocacy groups and interested parties.

(i)  Act as the liaison between chartered public schools and other public schools in the chartered public school's geographic region.

(j)  Work closely with the resident school districts and chartered public schools to assure appropriate support for students with disabilities.

(k)  Include in the department’s efficiency expenditure request pursuant to RSA 9:4 for the biennium ending June 30, 2019, and every biennium thereafter, the chartered public school program officer position, which shall be a classified position.

VI.  Overseeing audit and financial monitoring functions which shall:

(a)  Provide analytical reports of examinations conducted of the department's various divisions, bureaus, sections, programs, and functions.  Examinations shall be conducted and reports prepared in accordance with standards of governmental auditing and program evaluation specified by authoritative national standard setting bodies.  Reports shall contain analyses, appraisals, comments, and recommendations relating to the accuracy and competence of accounting, financial, and management procedures in use.

(b)  Insure compliance with federal grant requirements and review grantee and subgrantee compliance with all department grant requirements.

(c)  Not assume any managerial, supervisory, or operational function, or direct action initiated as a result of the unit's recommendations.

VII.  Oversee the administration of the education trust fund under RSA 198:38 through RSA 198:42.

21-N:8  Division of [Career Technology and Adult Learning] Workforce Innovation.  There is hereby established within the department the division of [career technology and adult learning] workforce innovation, under the supervision of an unclassified director of [career technology and adult learning] workforce innovation [who shall be responsible for] whose responsibilities shall include, but not be limited to, the following functions, in accordance with applicable laws:

I.  [Administering career technology and adult learning programs.

II.]  Overseeing the administration of the provisions of RSA 200-C.

[III] II.  Overseeing the administration of federal social security disability determinations as authorized by the Social Security Administration.

[IV] III.  Overseeing the administration of the provisions of RSA 186-B relative to services to the blind.

[V] IV.  Establishing regional vocational rehabilitation offices necessary for the administration of this section.

[VI] V.  Providing technical and consulting services to assist secondary vocational education efforts.

[VII.  Administering the provisions of RSA 186:61 and RSA 186:62, relative to adult basic education, except functions assigned exclusively to the deputy commissioner, as provided by RSA 21-N:5.]

21-N:8-a  Division of Educator Support and Higher Education.

I.  There is hereby established within the department the division of educator support and higher education, under the supervision of an unclassified director of higher education [who shall be responsible for] whose responsibilities shall include, but not be limited to, providing [support to the higher education commission established in paragraph II.] the following functions in accordance with applicable law:

(a)  Support to the higher education commission established in paragraph II.

(b)  Development and administration of standards governing the professional development of educators from pre-service preparation through ongoing professional development.

(c)  Administration of standards for certifying and recertifying educational personnel, including monitoring local staff development efforts.

2  Elections; Obtaining a Ballot; List Provided by Commissioner of Education.  Amend RSA 659:13, II(c)  to read as follows:

(c)  The secretary of state shall post the lists of educational institutions provided by the commissioner of the department of education under RSA 21-N:4, [XI] VII on the department of state's website, and otherwise shall make such lists available to local election officials.

3  Special Education; Rate Setting.  Amend RSA 186-C:7-c to read as follows:

186-C:7-c  Rate Setting.

I.  The division of [educational improvement] learner support of the department of education shall ensure that each school district develops approved programs for children with disabilities in the school district.

II.  The division of [educational improvement] learner support of the department of education shall set an approved rate for private providers of special education services pursuant to [RSA 21-N:5, I(h)] RSA 21-N:6, II.

III.  Such rates shall be sufficient to reflect costs and expenses of comparable or similar programs in the region or state and sufficient to provide children with disabilities with a free appropriate public education.

IV.  No provider shall charge the department of education or any school district in this state an amount in excess of the rate established by the division of [educational improvement] learner support of the department of education.

4  Special Education; Local School District Alternative Dispute Resolution Program.  Amend RSA 186-C:23-a, II to read as follows:

II.  Local school districts and parents are encouraged to submit to the department of education information relating to methods of alternative dispute resolution which have proven to be effective.  Pursuant to RSA [21-N:6, VII] 21-N:7, II, the department shall develop a system whereby such information can be collected, compiled, and disseminated to local school districts.

5  Reference Change; Department of Administrative Services; Exemptions.  Amend RSA 21-I:18, I(i) to read as follows:

(i)  Purchases of services from nonprofit organizations by the department of education, division of [educational improvement] learner support and the department of health and human services for severely disabled or severely emotionally disturbed children as provided by RSA 186-C:22 shall not be subject to the provisions of this chapter.

6  Reference Change; Special Education; Definitions; Division.  Amend RSA 186-C:2, I-b to read as follows:

I-b.  "Division'' means the division of [educational improvement] learner support, department of education.

7  Reference Change; Division of Learner Support; Special Education; Programs and Services.  Amend RSA 186-C:3 to read as follows:

186-C:3  Division of [Educational Improvement] Learner Support; Special Education; Programs and Services.  The department shall hire and assign such personnel or contract for services to perform responsibilities required under state or federal special education law, including, but not limited to, monitoring, compliance, and technical assistance and support to school districts.  Special education services of the division of [educational improvement] learner support shall be fully coordinated and integrated with the department's general curriculum and instruction activities.

8  Reference Change; Special Education; Program Approval, Monitoring.  Amend RSA 186-C:5, I(b) to read as follows:

(b)  The division of [educational improvement] learner support of the department of education, through its program approval and monitoring process shall determine if a district is making diligent efforts to resolve personnel shortages that result in children with disabilities being placed out of district.

9  Reference Change; Professional Standards Board.  Amend RSA 186:60, I(a) to read as follows:

(a)  The director of the division of [program support] education analytics and resources, or designee, who shall be the executive secretary of the board;

10  Reference Change; Salaries Established.  Amend RSA 94:1-a, I(b), GG to read as follows:

GG Department of education director, [career technology and adult

learning] workforce innovation

11  Reference Change; New Hampshire Council on Autism Spectrum Disorders Established; Duties.  Amend RSA 171-A:32, I(g) and (h) to read as follows:

(g)  The director of the division of [instruction] learner support, department of education, or designee.

(h)  The director of the division of [career technology and adult learning] workforce innovation, department of education, or designee.

12  Reference Change; Adult High School Education Program.  Amend RSA 186:61, I to read as follows:

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] learner support, department of education, in accordance with the rules adopted by the state board.

13  Reference Change; Other Adult Education Programs.  Amend the introductory paragraph of RSA 186:62, II to read as follows:

II.  These programs shall be administered by the division of[ career technology and adult learning] learner support.  The division shall:

14  Reference Change; Robotics Education Development Program.  Amend RSA 188-E:24-a, III to read as follows:

III.  A school shall submit a grant application to the department of education, division of [career technology and adult learning] learner support, bureau of career development, between September 1 and September 30 of each year.  Grants shall be awarded no later than October 31 of each year.

15  Reference Change; Report to Division of Workforce Innovation.  Amend RSA 327:34 to read as follows:

327:34  Report to Division of [Career Technology and Adult Learning] Workforce Innovation.  All licensed optometrists in this state shall report, with the permission of the patient or the patient's parent or guardian, all cases of vision examination results of 20/200 or less in the better eye, after correction, to the division of [career technology and adult learning] workforce innovation, department of education.  Such report shall contain the name and address of the examined individual, date of birth, the amount of vision in both eyes, and the cause of visual impairment.  The information contained in the report shall be treated as confidential by the division.

16  Reference Change; Private Post Secondary Career Schools; Definitions; Division.  Amend RSA 188-G:1, I(f) to read as follows:

(f)  "Division'' means the department of education, division of educator support and higher education.

17  Reference Change; Governor's Scholarship Fund.  Amend RSA 4-C:34, II to read as follows:

II.  The state treasurer shall credit to the fund any appropriation relating to the governor's scholarship program made to the department of education, division of educator support and higher education for each fiscal year.  The state treasurer shall invest the fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the fund.

18  Reference Change; Application of Receipts.  Amend RSA 6:12, I(b)(228) to read as follows:

(228)  Fees collected by the department of education, division of educator support and higher education pursuant to RSA 188-G:9.

19  Reference Change; Higher Education; Military Academic Credit.  Amend RSA 21-N:8-b, I to read as follows:

I.  The division of educator support and higher education shall develop and adopt a written policy requiring each public institution of higher education to develop a set of written policies and procedures governing the evaluation of a student's military occupation, military training, coursework, and experience, to determine whether academic credit shall be awarded by the institution for the evaluated occupation, experience, training, and coursework.  The division's policy may require that the occupation, training, experience, or courses meet the standards of the American Council on Education or equivalent standards for awarding academic credit.  The division may also develop and adopt a written policy requiring each public institution of higher education to develop a set of written policies and procedures to standardize credit-by-exam equivalencies for exams funded through the Department of Defense.  The educational credit shall be awarded based upon each institution's admissions standards and shall be consistent with the mission of the state's system of public higher education.  Each public institution of higher education shall designate a single point of contact for a student who is enrolled in such an institution and who is also a veteran, as defined in RSA 21:50, I, to conduct such an evaluation and determination.

20  Reference Change; Scholarships for Orphans of Veterans.  Amend RSA 193:21 to read as follows:

193:21  Payment.  The amounts payable to recipients shall be determined by the department of education, division of educator support and higher education.  The higher education commission established in RSA 21-N:8-a shall determine the eligibility in accordance with rules adopted under RSA 541-A of the children who make application for the benefits provided for in this subdivision.

21  Reference Change; Commission Established.  Amend RSA 195-J:2, I(d) to read as follows:

(d)  The director of the division of educator support and higher education, department of education, or designee.

22  Reference Change; Membership of Board.  Amend RSA 200-A:3 to read as follows:

200-A:3  Membership of Board.  There shall be 8 resident members from New Hampshire on the New England Board of Higher Education as provided in article II of the compact.  One of such resident members shall always be the chancellor of the university system.  The second resident member shall be the director of the division of educator support and higher education, department of education.  The third resident member shall be the chancellor of the community college system of New Hampshire.  The fourth and fifth resident members shall be citizens of the state appointed by the governor and council.  The sixth resident member shall be a member of the house of representatives appointed by the speaker of the house.  The seventh member shall be a member of the senate appointed by the president of the senate.  The eighth resident member shall be a representative of a private college in New Hampshire appointed by the governor and council.  The term of office for each of the first 3 resident members shall be concurrent with his or her term as chancellor or director.  The term of office for each of the latter 5 resident members shall be for 4 years and until a successor is appointed and qualified, except that the term of any member of the general court shall terminate if such member shall cease to be a state legislator. In that case, another member shall be appointed in a like manner for the unexpired term.  The term of the member representing a private college shall end if the member's association with the private college terminates.  Each member of the board shall receive his or her expenses actually and necessarily incurred by the member in the performance of his or her duties as a member.  In addition to their expenses, the fourth, fifth, sixth, seventh, and eighth members shall receive $15 per day compensation for time actually spent in the work as a member of the New England Board of Higher Education, provided that the total for expenses and per diem compensation for any of such 5 members shall not exceed the sum of $500 during any one fiscal year.  All expenses and per diem compensation shall be audited by the commissioner of administrative services as expenses of other employees are audited and shall be a charge against any appropriation provided for this purpose.

23  Reference Change; New England Higher Education Compact; Certification to Department of Education.  Amend RSA 200-A:5 to read as follows:

200-A:5  Certification to Department of Education.  The New England Board of Higher Education shall certify to the department of education, division of educator support and higher education on or before October 1 of the year preceding each legislative session the amounts needed to carry out the purposes of RSA 200-A:4 for the coming biennium.  Upon such certification, the division shall include such amounts in the budget request for its division.  The sums appropriated by the legislature in accordance with the provisions of this subdivision shall be a continuing appropriation and shall not lapse.

24  Reference Change; New England Higher Education Compact; Payments from Funds.  Amend RSA 200-A:6 to read as follows:

200-A:6  Payments From Funds.  The amount that may be or may become due to any college, university, or institution shall be payable by the state treasurer to such institution from funds appropriated for carrying out the purposes hereof upon certification by the New England Board of Higher Education.  Said board, before approving such vouchers, shall satisfy itself that such student would be unable to receive the course of instruction at any institution of public education in New Hampshire, and shall satisfy itself that the charge made by said institution is in accordance with the terms and conditions of the regional and/or reciprocal agreement in effect between the New England Board of Higher Education and the charging institution.  The department of education, division of educator support and higher education shall examine and audit the accounts showing the payments made by the board under the authority of this section.  In submitting the budget request made by it pursuant to the certification of the board as provided in RSA 200-A:5, the division shall forward with such request a report of such examination and audit, showing the details of such payments for the 2 fiscal years next preceding the time of said budget requests.

25  Reference Change; New England Higher Education Compact; Enforcement.  Amend RSA 200-A:8 to read as follows:

200-A:8  Enforcement.  The department of education, division of educator support and higher education is authorized to enforce the collection of accounts that become due under the loan provisions of this chapter.

26  Reference Change; Repayment of Funds by Medical Students.  Amend RSA 200-A:9 to read as follows:

200-A:9  Repayment of Funds by Medical Students.  The department of education, division of educator support and higher education shall prepare a note for signature of any medical student who is a recipient hereunder.  The note shall be in an amount that equals the amount paid by the state treasurer for their respective enrollment.  Repayment of the note shall be made in equal annual installments beginning on the anniversary date of the recipient's graduation date or termination of enrollment, whichever shall first occur, provided, however, that if the recipient continues without interruption of his or her medical education and/or his or her intern requirements said anniversary date shall be the anniversary of the date on which said continued education or internship terminates.  Within a period equal to twice the number of school years of his or her respective enrollment, plus one year, all installments shall be paid in full to the division.  The division shall reduce any annual installment by 1/2, providing the recipient has practiced medicine on a full time basis in New Hampshire during 8 of the preceding 12 months.  

27  Reference Change; Tuition Repayment Program; Definitions; Net Tuition.  Amend RSA 200-M:1, II to read as follows:

II.  "Net tuition'' means tuition costs for postsecondary school education that was directed toward the completion of a degree or certificate in judicial reporting, broadcast captioning, real time transcription, or sign language interpretation, or any other degree or certificate that the department of education, division of educator support and higher education deems acceptable for purposes of CART provider and sign language interpreter net tuition repayment.

28  Reference Change; CART Provider and Sign Language Interpreter Net Tuition Repayment Program Established.  Amend RSA 200-M:2 to read as follows:

200-M:2  CART Provider and Sign Language Interpreter Net Tuition Repayment Program Established.  The department of education, division of educator support and higher education shall administer a program for the promotion, acquisition, and retention of CART providers and sign language interpreters in the state.

29  Reference Change; Application; Repayment.  Amend RSA 200-M:3 to read as follows:

200-M:3  Application; Repayment.  An individual who has completed eligible CART or sign language interpreter training in accordance with rules adopted pursuant to RSA 200-M:5, including internships and residencies, and agrees to work as a CART provider or a sign language interpreter in this state, may apply to the department of education, division of educator support and higher education for repayment under the CART provider and sign language interpreter net tuition repayment program and become eligible to be reimbursed up to 100 percent of his or her qualifying tuition not to exceed the cost of 4 years of in-state tuition at the university of New Hampshire, during a 5-year period of working as a CART provider or sign language interpreter.  A 10 percent net tuition repayment shall be made upon completion of the first year of employment in this state, with an additional 10 percent made after the second year of work, an additional 20 percent after the third year of work, an additional 30 percent after the fourth year of work, and an additional 30 percent after the fifth year of work.

30  Reference Change; Administration; Rulemaking.  Amend RSA 200-M:5 to read as follows:

200-M:5  Administration; Rulemaking.  The department of education, division of higher education shall adopt rules, pursuant to RSA 541-A, relative to procedures, eligibility, and qualifications for applicants, qualifying educational costs, criteria for terms of service by a CART provider and/or sign language interpreter, procedures for repayment of net tuition costs, and the administration of the program by the department of education, division of educator support and higher education.  The commissioner of the department of education shall annually report to the general court on the effectiveness of this program.

31  Reference Change; Nurse Practice Act; Education Programs.  Amend RSA 326-B:32, I(b)(1) to read as follows:

(1)  Seek and receive approval from the department of education, division of educator support and higher education prior to applying for approval from the board.

32  Reference Change; Nurse Practice Act; Education Programs.  Amend RSA 326-B:32, I(c) to read as follows:

(c)  The board shall approve, disapprove, or withdraw approval for nursing assistant education programs that meet or fail to meet the requirements of this chapter and the rules adopted by the board.  The board shall require that nursing assistant education programs seek and receive approval from the department of education, division of educator support and higher education prior to applying for approval from the board.

33  Effective Date.  This act shall take effect 60 days after its passage.