Ed 306 Minimum Standards for Public School Approval

PART Ed 306 MINIMUM STANDARDS FOR PUBLIC SCHOOL APPROVAL

Ed 306.01 Applicability. In order to be an approved school, public schools and public academies shall meet the applicable criteria established in these standards:

(a) Except as provided in (b) below, a public school shall be approved as an elementary school if it contains any of the grades kindergarten through 8 and meets the rules applicable to all schools and to each elementary school.

(b) As determined by vote of the local school board, any combination of the grades 4 through 8 may be organized as a public middle school, and so approved if it meets the rules applicable to all middle schools.

(c) Except as provided in (b) above, 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.

Ed 306.02 Definitions. Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

(a) “Department” means the New Hampshire department of education.

(b) “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.

(c) “Extended learning” means the primary acquisition of knowledge and skills through instruction or study outside of the traditional classroom methodology, including, but not limited, to:

(1) Independent study;

(2) Private instruction;

(3) Performing groups;

(4) Internships;

(5) Community service;

(6) Apprenticeships; and

(7) Online courses.

(d) “Instructional time” means the period of time during which pupils are actively working toward achieving educational objectives under the supervision of a teacher or other staff member.

Ed 306.03 Statutory and Policy Requirements.

(a) The local school board shall be responsible for obtaining an up to date copy of state education laws, one copy of which shall be distributed free of charge to each school administrative unit by the department, and maintaining an up to date copy of the rules of the board in the New Hampshire Code of Administrative Rules..

(b) In order for a school to be an approved school under these rules, the school board shall comply with all applicable laws and rules set forth in the publications enumerated in (a) above.

Ed 306.04 Policy Development.

(a) In accordance with Ed 303.01, the local school board shall adopt and implement written policies and procedures relative to:

(1) Absenteeism and attendance;

(2) Promoting school safety;

(3) Discipline;

(4) Records retention, including electronic files;

(5) Character and citizenship;

(6) Meeting the instructional needs of each student with different talents;

(7) Student hazing;

(8) Student harassment, including bullying;

(9) Sexual harassment, as detailed in Ed 303.01(j) and (k);

(10) Reporting of suspected abuse or neglect;

(11) Promotion of a school environment that is conducive to learning and supports strong family and community partnerships;

(12) Distance education, if the district chooses to offer distance education as provided in Ed 306.22;

(13) Extended learning opportunities, if the district chooses to offer extended learning opportunities as provided in Ed 306.26(f) or Ed 306.27(b)(4)

(14) How a credit can be earned, as provided in Ed 306.27(d);

(15) Recommending developmentally appropriate daily physical activity and exercise;

(16) Behavior management and intervention for students; and

(17) Homeless students.

(b) The policies and procedures required by (a) above shall apply to each school.

(c) The policy relative to absenteeism and attendance shall specify procedures for the accountability and supervision of students. The policy relative to absenteeism shall not penalize students who miss class or a required school event because of a school scheduling conflict. Districts shall implement a cooperative approach which places responsibility for notification when a student is tardy, absent, or dismissed on both the parents/guardians and the school.

(d) The policy relative to promoting school safety shall require school administrators to implement procedures which relate to safe practices:

(1) On school buses and on the school grounds, including playgrounds;

(2) During authorized school activities, such as field trips;

(3) Within the school building, including classrooms and laboratories;

(4) Off school grounds during school-sanctioned activities, including, but not limited to, work-based learning and internships; and

(5) In the use of online resources.

(e) Teachers shall be required to know and implement the appropriate safety practices and procedures applicable to their assigned areas of responsibility and to include safety instruction in all applicable programs offered by the school.

(f) The policy relative to student discipline shall:

(1) Include provisions regarding:

a. Student rights and responsibilities;

b. Rules of conduct; and

c. Penalties for misbehavior;

(2) Be written in age-appropriate language;

(3) Be disseminated to parents and guardians; and

(4) Be available in written or oral form for students, parents, and guardians for whom English is a second language, whenever practical.

(g) The local school board shall review with the superintendent or chief administering officer the methods for suspension and expulsion of students developed and implemented by the superintendent or chief administering officer and the local school board in accordance with RSA 193:13. The superintendent, chief administering officer, or designee shall keep students, parents, teachers, and all other school personnel informed about school rules. Such information shall be readily available.

(h) The policy relative to records retention, including electronic files, disposition, and access shall require that complete and accurate records of students' attendance and scholarship be permanently kept and safely stored in a fire-resistant file, vault, or safe. A schedule for the retention and disposition of original records and information shall be established in accordance with RSA 189:29-a. Access to all student records and information 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 the federal "Family Educational Rights and Privacy Act," 20 U.S.C. § 1232g, and RSA 91-A, Access to Public Records.

(i) The policy relative to character and citizenship development shall:

(1) Include those elements of character and citizenship to be incorporated in courses of study or instilled, by example, in a caring educational environment, including but not limited to:

a. Self-discipline, self-respect, and self-control;

b. Pursuant to Part Second, Article 83 of the New Hampshire Constitution, humanity, benevolence, and truth and honesty with self and others;

c. Fairness, integrity, and justice;

d. Respect, courtesy, and human worth;

e. Responsibility to oneself and others;

f. Community service; and

g. Pursuant to RSA 186:13, the rights and responsibilities of citizenship; and

(2) Be developed in consultation with school staff, administration, parents, and other representatives of the community.

(j) The policy relative to meeting the instructional needs of each student shall require administrators and teachers to consider students' differing talents, interests, and development when planning the educational programs specified in Ed 306.

(k) The policy relative to partnerships among schools, families, and communities shall comply with the following standards:

(1) Schools shall strive to involve parents and family members of all ages and grade levels;

(2) Schools shall provide parent educational activities throughout the school year to help parents support their children’s learning;

(3) Schools shall frequently communicate school performance, student progress, personalized learning strategies as adopted by the local school board, and academic opportunities, using both print and online formats;

(4) Schools shall work with agencies and businesses to support community-based developmental activities that prepare young children for school and promote ongoing achievement;

(5) Schools shall promote collaboration among parents, schools, and community on school improvement and student achievement projects;

(6) Schools shall strive to harness all available community resources, including but not limited to organizations, businesses, talented individuals, natural resources, and technology, to engage each student in achieving the necessary skills and knowledge; and

(7) Schools shall encourage business partnerships to assist students in the successful transition to employment or further education.

(l) The policy relative to developmentally appropriate daily physical activity shall recommend that all pupils participate in developmentally appropriate daily physical activity, exercise, or physical education as a way to minimize the health risks created by chronic inactivity, childhood obesity, and other related health problems. The developmentally appropriate daily physical activity policy shall be in addition to and shall not replace the physical education program requirement in Ed 306.40.

Ed 306.05 School Philosophy, Goals, and Objectives. The local school board shall direct each school in its district to adopt a written philosophy and a statement of goals and objectives consistent with the rules of the state board of education. Provisions shall be made for the review of the philosophy, goals, and objectives at least every 5 years.

Ed 306.06 Culture and Climate.

(a) The school policies adopted by the local school board shall reflect:

(1) The acknowledgement of diversity and respect for differences;

(2) Shared ownership and responsibility for the success of the school among students, their families, and the community;

(3) Student leadership through involvement in decision-making; and

(4) Respectful use of language and behavior by all school members that is void of ethnic, racial, and sexual stereotypes and biases.

(b) The school administration and staff shall:

(1) Review ways in which equity gaps in achievement can be reduced and barriers to learning can be eliminated; and

(2) Work together to establish a fair and equitable code of discipline that is fairly and consistently implemented 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 a safe and healthy school environment.

Ed 306.07 School Facilities.

The local school board shall :

(a) Require that the facilities for each school provide the following:

(1) Consistent with RSA 189:24, a clean, healthy, and safe learning environment for all areas of the school building, grounds, and school-related activities;

(2) Lighting in compliance with the state building code as provided in RSA 155-A; and

(3) Exhaust and outdoor air ventilation, proper temperature and humidity conditions in compliance with the state building code as provided in RSA 155-A.

(b) With regard to school facilities:

(1) Customize classrooms and other school-related environments to the needs of different content areas;

(2) Provide for accessibility of students with disabilities;

(3) Demonstrate compliance with Saf-C 6000 relating to NFPA 101, “Life Safety Code, 2000 edition;” and

(4) Document compliance with regulations relating to school building, sanitation, sewage disposal, water supply, and other matter affecting public health.

Ed 306.08 Instructional Resources.

(a) The local school board shall require that each school:

(1) Provides a developmentally appropriate collection of instructional resources, including online and print materials, equipment, and instructional technologies, that shall be current, comprehensive, and necessary to support the curriculum as well as the instructional needs of the total school population;

(2) Provides that instructional resources are, as appropriate:

a. Catalogued and classified according to practices accepted by the American Library Association as specified in the Anglo-American Cataloguing Rules, Second Edition (AACR2), 2002 edition;

b. Organized to make them accessible to students and staff;

c. Managed through circulation policies and procedures that are designed to maximize the use of the resources; and

d. Utilize community resources;

(3) Provides instructional resources to all students and staff from designated space(s) in each school, including:

a. Ready access to instructional resources, including those available online or through interlibrary loan;

b. Instruction in:

1. Accessing information efficiently and effectively;

2. Evaluating information critically and competently;

3. Using information accurately and creatively;

4. Pursuing information related to personal interests;

5. Appreciating literature and other creative expressions of information;

6. Striving for excellence in information-seeking and knowledge generation;

7. Recognizing the importance of information to a democratic society;

8. Practicing ethical behavior in regard to information and information technology; and

9. Participating effectively in groups to pursue and generate information; and

c. Activities to promote the development of reading, viewing, and listening skills; and

(4) Implements a written plan for the ongoing development, organization, acquisition, maintenance, replacement, and updating of instructional resources necessary to support the needs of the user population and the curriculum.

(b) At a minimum, the plan implemented under (a)(4) above shall:

(1) Provide an analysis and assessment of the present instructional resources based on:

a. The needs of the user population and the curriculum;

b. Accessibility of instructional resources to all students and staff;

c. Strengths and weaknesses of the present instructional resources; and

d. Resources available within the district, the local community, and beyond;

(2) Reflect developing instructional technologies; and

(3) Establish priorities, criteria, timelines, and procedures for the selection, acquisition, maintenance, and replacement of instructional resources which shall include but not be limited to:

a. Online materials,

b. Print materials,

c. Equipment, and

d. Instructional technologies.

Ed 306.09 Custodial and Maintenance Services. The local school board shall provide for each school such custodial services as are necessary to ensure a clean, sanitary, and safe physical plant and grounds. The school plant shall be cleaned on a daily basis. School repairs and maintenance shall be performed on a regular basis.

Ed 306.10 Secretarial Services. The local school board shall provide for each school staff to maintain all school records in accordance with local policy, state laws and rules, and federal laws and regulations.

Ed 306.11 Food and Nutrition Services.

(a) The local school board shall:

(1) 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;

(2) Provide a qualified individual, such as, but not limited to, a school nutrition/food service director, to oversee the operation of school meals, to maintain proper resources that meet state and federal regulations, and maintain state health requirements for each school site within the district; and

(3) Require that each newly-constructed school or renovated kitchen or cafeteria provide space for the preparation and consumption of meals in compliance with Ed 321.12(d).

(b) All food service employees shall, within their first year of employment, obtain a certificate of completion for an approved sanitation course.

(c) If a school nutrition/food service director is employed, each food service director shall, whenever feasible, obtain certification or credentials from an approved program, including but not limited to School Nutrition Association (SNA) certification, within the first 5 years of employment.

(d) Students shall be provided with an adequate time to consume meals in each elementary school in accordance with the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265).

(e) Students shall be provided with an adequate time to consume meals in each middle and high school in accordance with the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265)..

(f) If a waiver is granted pursuant to (a)(1) 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 321.12(d).

Ed 306.12 School Health Services.

(a) In accordance with federal and state law, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA), Section 504 of the Rehabilitation Act of 1973, RSA 141-C, RSA 169-C, RSA 200:26-41, and RSA 326-B, the local school board shall require that each school provides qualified personnel to carry out appropriate school health-related activities.

(b) The local school board shall adopt written policies and procedures for the purposes of:

(1) Providing immediate and adequate emergency care for students and school personnel who sustain injury or illness during school hours or during scheduled school activities; and

(2) Meeting the special physical health needs of students.

(c) Each school nurse employed by a school district shall hold current certification as a registered nurse under RSA 326-B. Each licensed practical nurse or certified nursing assistant employed by a school district shall hold such current certification under RSA 326-B. 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 certification (CPR) certification shall be available.

Ed 306.13 Guidance Plan. The local school board shall ensure that every school provides a comprehensive guidance and counseling program. A comprehensive guidance and counseling program shall comply with all applicable provisions of Ed 306.39.

Ed 306.14 Basic Instructional Standards. The local school board shall require that each school has an instructional program which includes the following:

(a) A policy for the appropriate assignment of all incoming students;

(b) A policy on homework, including its relationship to the grading system;

(d) A policy for promoting students from one grade level to another;

(e) Instructional materials and resources matched to the appropriate skill levels of students;

(f) A policy for the awarding of credit for required subjects and open electives;

(g) A policy encouraging students to pursue and demonstrate advanced course work, including advanced placement courses in high school; and

(h) A policy encouraging students to have a plan for summer activities that support student learning.

Ed 306.15 Provision of Staff and Staff Qualifications.

(a) To carry out the educational program established by these rules and local school board policy, the local school board shall require that each school provides:

(1) The services of a certified principal, a certified library media specialist and a certified guidance counselor(s);

(2) For the hiring and training of teachers certified under Ed 500 ;

(3) In each elementary school, the services of a reading specialist and library media specialist to facilitate the delivery of the language arts and reading program established in Ed 306.37(a);

(4) In each middle and high school, a library media specialist to support the instructional resources program and facility requirements of Ed 306.08; and

(5) Teachers, including art, music, health, and physical education teachers, in accordance with class size requirements in Ed 306.17.

(b) The local school board shall require that in carrying out the guidance plan established by Ed 306.13:

(1) The counseling load in each elementary school shall not exceed the equivalent of one full-time guidance counselor per 500 students served; and

(2) The counseling load in each middle school and each high school shall not exceed the equivalent of one full time guidance counselor per 300 students served.

(c) The local school board shall require that each school with an enrollment of 500 or more students provides the services of an associate principal or 2 or more persons with administrative certification 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.

(d) The local school board may provide for each school the services of additional staff to facilitate the use of the instructional resources described in Ed 306.08 and the technological resources needed to facilitate the information and communication technologies program described in Ed 306.42.

(e) Pursuant to RSA 189:24 and in accordance with Ed 500 and Ed 600, the local school board shall require that each professional staff member is certified for assignment by the department.

(f) In accordance with Ed 509, the local school board shall require that each professional staff member shall improve the content knowledge and teaching skills through participation in a local professional development plan.

Ed 306.16 Professional Development. In accordance with Ed 512:

(a) The local school board shall require:

(1) That each professional and paraeducator staff member improves the content knowledge and teaching skills through participation in professional development activities as described in the district professional development master plan;

(2) That the goals in the professional development master plan align with the district/school improvement goals;

(3) That the professional development master plan guides each professional staff member’s individual professional development plan in its design, implementation, and evaluation; and

(4) The regular assessment and evaluation of the needs, design, implementation, and impact on student learning of professional development activities and programs.

(b) The school administration shall require that:

(1) Each certified educator’s individual professional development plan required under Ed 512.03 is aligned with the professional development master plan;

(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; and

(3) The professional development activities included in the local professional development master plan under Ed 512.02(d)(10):

a. Are:

1. Student focused;

2. Data driven;

3. Research based;

4. Intensive; and

5. Sustained; and

b. Include:

1. Job-embedded activities;

2. Research;

3. Collaboration;

4. Practice; and

5. Reflection.

Ed 306.17 Class Size.

(a) Class size for instructional purposes, in each school shall:

(1) Be:

a. Kindergarten – grade 2, 25 students or fewer per teacher, provided that each school shall strive to achieve the class size of 20 students or fewer per teacher;

b. Grades 3 – 5, 30 students or fewer per teacher, provided that each school shall strive to achieve the class size of 25 students or fewer per teacher; and

c. Middle and senior high school, 30 students or fewer per teacher; or

(2) Have received approval under alternative compliance requirements as provided in Ed 306.29, for any category listed in (1) above that does not meet the standards in (1) above.

(b) These class size requirements may be exceeded for study halls, band and chorus, and other types of large group instruction, including but not limited to, lectures, combined group instruction, 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 career and technical education shall be determined by the number of work stations and the size and design of the area. In no case shall the number of students in laboratory classes exceed 24.

Ed 306.18 School Year.

(a) Pursuant to RSA 189:1 and 189:24each school shall maintain a school year option as provided in either (b) or (c) below.

(b) Each school with a school year option based on hours shall be subject to the following requirements:

(1) The school shall maintain in each elementary school, a school year of at least 945 hours of instructional time;

(2) The school shall maintain in each middle and senior high school, a school year of at least 990 hours of instructional time;

(3) The school day of an individual student shall not exceed 8 hours of instructional time; and

(4) The school shall have in its school year an additional 10 days of at least 6 hours in duration to provide for instructional time lost due to inclement weather or unexpected circumstances, staff development, and parent-teacher conferences;

(5) A school may close before its scheduled closing time 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:

a. On that day, the school would normally have had at least 5.25 hours of instructional time; and

b. The school remained open for at least 3.5 hours of instructional time.

(1) The school shall maintain a standard school year of at least 180 days of instructional time;

(2) The school shall have in its school year an additional 10 days of at least 6 hours in duration to provide for instructional time lost due to inclement weather or unexpected circumstances, staff development, and parent-teacher conferences;

(3) For each elementary school:

a. The regular school day shall be 6 hours in duration with at least 5.25 hours devoted to instructional time;

b. No more than 30 minutes of recess or break time, or both, shall be counted toward the 5.25 hour requirement in a. above;

c. Lunch time and homeroom periods shall not be counted in meeting the 5.25 hour requirement in a. above; and

d. Kindergarten sessions shall be at least 2.5 hours in duration;

(4) For each middle school:

a. The regular school day shall be 6 hours in duration with at least 5.5 hours devoted to instructional time; and

b. Lunch, passing time, recess, breaks, and homeroom periods shall not be counted as instructional time;

(5) A regular school day may be shortened when an emergency condition exists which might adversely affect the health and safety of students, subject to the following:

a. For each elementary school, a shortened day shall consist of at least 3.5 hours of instructional time in order to be counted as a regular school day; and

b. For each middle school and high school, a shortened day shall consist of at least 4 hours of instructional time in order to be counted as a regular school day; and

(6) A school half-day shall consist of at least 3 hours of instructional time, and 2 school half-days can be counted as a regular school day.

Ed 306.19 School Calendar. Each school shall maintain a school calendar.

Ed 306.20 Alternative School-Year Scheduling Pattern.

(a) In order to adopt a school-year scheduling pattern which is not in compliance with Ed 306.18, the local school board shall submit a written request to the commissioner of education at least 60 working days prior to the proposed effective date of the first date of the alternative school year.

(b) A request, pursuant to (a) above, shall include:

(1) The name of school/district;

(2) The SAU #;

(3) The local school board chairperson's signature;

(4) Reason for the request in accordance with RSA 189:2; and

(5) A plan which consists of a detailed description of the scheduling alternative, including the method and timetable for implementation and procedures for evaluation.

(c) Upon review of the request, the commissioner shall grant approval for a period of one year if the request meets the following criteria:

(1) The information provided is thorough, complete, and does not result in a plan that would detract from student learning;

(2) The local school board has demonstrated that the school/district is able to implement the plan; and

(3) The plan is consistent with the education laws, published by the department, which contain all of the laws enforced by the department, and with the published rules of the state board as adopted under RSA 541-A.

(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 may appeal the decision and request a state board hearing. Said appeal shall be filed in writing with the office of legislation and hearings within 20 days of the receipt of the decision and shall specify the basis for the appeal. The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

(f) Pursuant to RSA 21-N:11, III, any person directly affected by said decision may request a state board hearing. A request for a hearing shall be filed in writing with the office of legislation and hearings within 20 days of the decision and shall specify the basis for such hearing. The office of legislation and hearings shall schedule the hearing in accordance with timelines and procedures established in Ed 200.

Ed 306.21 Off-Site Programs.

(a) “Off-site program” means the regular delivery of the majority of a student’s instruction at a facility not located in the school building(s).

(b) An off-site program shall be:

(1) Designed to address the personalized needs to students, including, but not limited to, dropout prevention; and

(2) Approved by the local school board in a plan that:

a. States the goals of the program;

b. Specifies the procedures for assessing and implementing its program plan consistent with RSA 193-C:3, III; and

c. Specifies when the program would be offered, which may be at a time other than during the regular school day.

(d) Prior to implementing an off-site program, a school administrative unit shall submit to the department the following:

(1) A copy of the local school board’s approval, including the plan submitted; and

(2) The location of the off-site program.

(e) Each student participating in an off-site program shall participate in the state assessment exam, when applicable.

Ed 306.22 Distance Education.

(a) In this section, “distance education” means correspondence, video-based, internet-based, and online courses.

(b) If a district chooses to offer distance education, the provisions of (c) - (f) below shall apply.

(1) The approval, coordination, and supervision of distance education courses offered for instructional purposes or high school credit, or both, in the district; and

(2) Granting student credit for completion of distance education courses.

(d) School districts may cooperate to share delivery of distance education courses.

(e) The local school board shall adopt policies relative to all distance education courses offered by the school district to require that:

(1) The courses comply with all federal and state statutes pertaining to student privacy and to public broadcasting of audio and video;

(2) Credit courses require students to meet similar academic standards as required by the school for students enrolled in credit courses offered by the school;

(3) Only students approved by the school principal or designee shall be eligible to receive credit for distance education courses; and

(4) Students earning credit for distance education courses shall participate in all assessments required by the statewide education improvement and assessment program.

(f) The local school board shall adopt policies relative to all distance education courses offered by the school district relative to:

(1) The number of students a teacher may be required to supervise;

(2) Monitoring of student progress, grading of assignments, and testing;

(3) Security of individual student records, provided that no individual student records obtained through participation in distance education courses shall be used for any purposes other than those that support the instruction of the individual student; and

(4) Gathering and disseminating of district-level aggregated data obtained through participation in distance education courses.

Ed 306.23 Statistical Reports; Accountability.

(a) Each school district shall establish a local education accountability system in order to collect data needed for evaluation of the district’s compliance with state and federal laws on school accountability. The department shall integrate its accountability system with local accountability systems so as to allow for comparison and analysis of such data.

(b) Each district shall file statistical reports with the department as required under RSA 189:28. A request from a district to the department for statistical data needed by a district for filing a statistical report shall be submitted to the department at least 60 days before the district’s report is due.

(c) Each school district required under RSA 193-H:4 to create a local education improvement plan shall file such a plan with the department within 90 days of being found to be in need of improvement under RSA 193-H:3. The plan shall be aligned to meet state goals and student performance indicators.

Ed 306.24 Assessment.

(a) The local school board shall require that each school:

(1) Provides for the ongoing assessment of learning outcomes through the use of local assessments that are aligned with state and district content and performance standards as provided in (b) below;

(2) Participates in the state-wide education improvement and assessment program as provided in (c) below; and

(3) Selected by the United States Department of Education, National Center for Education Statistics participates in the National Assessment of Education Progress (NAEP).

(b) The following elements shall be used as evidence by the department in determining whether a school complies with the requirements of (a) above:

(1) The school maintains a policy that articulates the process for the selection, use, and interpretation of local assessment instruments;

(2) The school supports the authentic assessment of student learning outcomes through multiple formative and summative assessment instruments, including, but not limited to:

a. Teacher observation of project-based learning, including off-site learning projects;

b. Competency-based assessments; and

c. Teacher-designed quizzes and tests;

(3) The school provides professional development for teachers in the use of diagnostic tools to adjust instruction to meet personalized needs of students and to monitor progress; and

(4) The school 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.

(c) Each school shall maintain the following as evidence of participation in the state-wide education improvement and assessment program established under RSA 193-C:

(1) Written guidelines for the inclusion of and accommodations for student participation, including, but not limited to, inclusion of and accommodations for:

a. Students in major racial and ethnic groups;

b. Students with disabilities;

c. Economically disadvantaged students; and

d. Students with limited English proficiency;

(2) Procedures for test security and the accurate inclusion of student data;

(3) Procedures by which assessment results are communicated to:

a. Parents;

b. Faculty; and

c. The community; and

(4) A policy that articulates the ongoing evaluation of the effectiveness of curriculum in improving student performance.

Ed 306.25 Kindergarten. Every district shall strive to offer at least a ½ day kindergarten program to every eligible student. A kindergarten program shall comply with all pertinent provisions of Ed 306.

Ed 306.26 Kindergarten – Grade 8 School Curriculum.

(a) The local school board shall require that in each school there is:

(1) A broad and well-balanced elementary school curriculum in compliance with RSA 193-C:3, III; and

(2) An instructional program that includes:

a. Procedures for diagnosing learner needs, learning styles, and interests;

b. Methods and strategies for teaching students;

c. Research-based learning opportunities;

d. Techniques for the evaluation of student outcomes; and

e. Provision of differentiated instruction for students based on learning styles, needs, and interests.

(b) The local school board shall adopt, for each school, a local time schedule which specifies the distribution of instructional time among the following learning areas to be taught in grades K-8, at all grade levels in the school:

(1) For the elementary grades K-8, where no middle school has been established by vote of the local school board:

a. Ed 306.31, relative to arts education;

b. Ed 306.37, relative to English/language arts and reading program;

c. Ed 306.40, relative to health education program;

d. Ed 306.41, relative to physical education program;

e. Ed 306.42, relative to information & communication technologies program;

f. Ed 306.43, relative to mathematics program;

g. Ed 306.45, relative to science education; and

h.. Ed 306.46, relative to social studies program; and

(2) For middle school:

a. Ed 306.31, relative to arts education;

b. Ed 306.37, relative to English/language arts and reading program;

c. Ed 306.38, relative to family and consumer science education;

d. Ed 306.40, relative to health education program;

e. Ed 306.41, relative to physical education program;

f. Ed 306.42, relative to information & communication technologies program;

g. Ed 306.43, relative to mathematics program;

h. Ed 306.45, relative to science education;

i. Ed 306.46, relative to social studies program; and

j. Ed 306.47, relative to technology education.

(c) If the local school board determines that one or more world languages might be offered at a middle school in the district, the local school board shall develop a policy for each middle school relative to providing supplemental instruction in one or more world languages, including the extent of this instruction and the students to whom it is offered.

(d) If a cocurricular program is offered, it 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.

(e) The local school board may develop a policy that grants credits to students taking coursework in the seventh or eighth grade toward high school graduation, if the course demonstrates content requirements consistent with related high school course(s) and the student achieves satisfactory standards of performance.

(f) If a district chooses to offer extended learning opportunities in a middle school, the extended learning opportunities shall:

(1) Consist of activities designed to:

a. Provide credit or supplement regular academic courses; and

b. Promote the schools and individual students’ educational goals and objectives;

(2) Be governed by a policy adopted by the local school board that:

a. Provides for the administration and supervision of the program;

b. Encourages that certified school personnel oversee an individual student’s program;

c. Requires that each extended learning proposal meet rigorous measurable standards, and be approved by the school prior to its beginning;

d. Specifies whether or not credit can be granted for extended learning activities, including, but not limited to, independent study, private instruction, team sports, performing groups, internships, community service, and work study; and

e. Requires that credit for an extended learning activity can only be approved by certified educators;

(3) Incorporate student participation in selecting, organizing, and carrying out extended learning activities;

(4) Provide opportunities for students to acquire knowledge and skill development comparable to knowledge and skill development in courses offered at the high school; and

(5) Be available to all students.

Ed 306.27 High School Curriculum, Credits, Graduation Requirements, and Cocurricular Program.

(a) The local school board shall require that the required curriculum content developed for each high school is consistent with RSA 193-C:3, III.

(b) The required curriculum content shall comply with the following:

(1) The program of studies shall include those courses for which credit is awarded as well as other educational experiences and instructional activities required by Ed 306;

(2) Credit courses shall be planned for the attainment of specific educational objectives leading to the high school diploma;

(3) The instructional program shall include:

a. Procedures for diagnosing learner needs;

b. Methods and strategies for teaching that incorporate learner needs;

c. Resource-based learning opportunities;

d. Techniques for the evaluation of student outcomes; and

e. The provision of remedial instruction as needed;

(4) If a district chooses to offer extended learning opportunities, the extended learning opportunities shall:

a. Consist of activities designed to:

1. Provide credit or supplement regular academic courses; and

2. Promote the schools and individual students’ educational goals and objectives;

b. Be governed by a policy adopted by the local school board that:

1. Provides for the administration and supervision of the program;

2. Encourages that certified school personnel oversee an individual student’s program;

3. Requires that each extended learning proposal meet rigorous standards, and be approved by the school prior to its beginning;

4. Specifies that credits can be granted for extended learning activities, including, but not limited to, independent study, private instruction, team sports, performing groups, internships, community service, and work study; and

5. Requires that granting of credits shall be based on a student’s demonstration of competencies, as approved by certified educators;

c. Incorporate student participation in selecting, organizing, and carrying out extended learning activities;

d. Provide opportunities for students to acquire knowledge and skill development comparable to knowledge and skill development in courses offered at the high school; and

e. Be available to all students; and

(5) A cocurricular program shall be offered that provides opportunities for all students to participate in activities designed to meet their needs and interests, including, but not limited to:

a. Intramural and interscholastic athletics;

b. Performing groups;

c. Academic clubs and societies;

d. Student government;

e. Activities and services that afford students with disabilities an equal opportunity to participate; and

f. Any other activities that:

1. Supplement and enrich regular academic courses;

2. Provide opportunities for social development;

3. Encourage participation in the arts, athletics, and other cooperative groups; and

4. Encourage service to school and community.

(c) The local school board shall require that a program of studies shall be offered for each high school that includes credit courses or equivalent study and other educational experiences and instructional activities as specified in (e) below. Each high school shall offer maximum student opportunities, in and out of the classroom, while at the same time specifying a basic number of courses that each high school shall offer. If a student demonstrates knowledge and abilities on a placement pre-test developed by the local school district for a particular course, the student shall not receive credit for the course, but shall be allowed to take a more advanced level of the subject or an elective.

(d) By the 2008-2009 school year, the local school board shall require that a high school credit can be earned by demonstrating mastery of required competencies for the course, as approved by certified school personnel. Until the 2008-2009 school year, the local school board shall require that a high school credit can be earned as provided in (1) or (2) below, or both:

(1) Attendance at a course scheduled to meet for no less than 135 clock hours of instructional time if the school operates on an 8-period schedule or for no less than 150 clock hours of instructional time if the school operates on a 7-period schedule; or

(2) If a competency assessment is in place as provided in (i) below, by demonstrating mastery of required competencies for the course, as approved by certified school personnel.

(e) Items (1) – (16) below shall not limit opportunities to develop programs that meet the needs of each student:

(1) Ed 306.31, relative to arts education;

(2) Ed 306.33, relative to business education;

(3) Ed 306.34, relative to career and technical education;

(4) Ed 306.35, relative to career education;

(5) Ed 306.36, relative to driver education;

(6) Ed 306.37, relative to English/language arts and reading program;

(7) Ed 306.38, relative to family and consumer science education;

(8) Ed 306.39, relative to guidance and counseling program;

(9) Ed 306.40, relative to health education program;

(10) Ed 306.41, relative to physical education program;

(11) Ed 306.42, relative to information and communication technologies program;

(12) Ed 306.43, relative to mathematics program;

(13) Ed 306.45, relative to science education;

(14) Ed 306.46, relative to social studies program;

(15) Ed 306.47, relative to technology education;

(16) Ed 306.48, relative to world languages program; and

(17) Ed 306.27(a)(4), relative to extended learning opportunities, if offered.

(f) 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 (c) above.

(g) The following shall apply relative to required program areas and credits:

(1) Consistent with Ed 306, the local school board shall verify in writing to the commissioner that each high school shall offer courses which total at least 45 credits distributed as shown in Table 306-1 when the school seeks approval or renewal of approval under Ed 306.28;

(2) Each high school’s credit course offerings shall be composed of single credit courses, fractional credit courses, or integrated sequences of courses, or any combination of these;

(3) Each high school may use any relevant title to identify a particular course;

(4) Local school boards may propose innovative ways to meet or exceed the requirements in Table 306-1, pursuant to Ed 306.29; and

(5) The required credits in program areas offered by each high school shall be distributed as specified in Table 306-1 below:

Table 306-1 Required Program Areas and Credits

Required Program Areas	Credit(s)
Arts education	3 credits
Business education	5 credits
Information and communication technologies	½ credit
Family and consumer science	3 credits
World languages	5 credits
Health education	½ credit
Physical education	2 credits
Technology education	4 credits
English	6 credits
Mathematics	6 credits
Science	5 credits
Social studies	5 credits

(h) The local school board of each high school shall award a regular high school diploma to those students who earn at least 20 credits for courses selected from the school’s program of studies, provided that the student meets the requirements for high school graduation.

(i) If the local school board adopts a policy that would allow students to graduate from high school as a result of demonstrating mastery of required competencies, the policy shall require students to meet both state and local standards. By the 2008-2009 school year, the local school board shall require that a high school have in place competency assessments for all courses offered through the high school.

(j) The local school board of each high school shall award a regular high school diploma to all students, with and without disabilities, who have earned at least their local high school’s required units of credit for graduation, selected from the school’s program of studies or comparable classes and courses approved for regular credit by the applicable academic department or school program.

(k) The awarding of different types of diplomas shall be governed by the following:

(1) A school shall award a regular diploma for completion of the district minimum earned course credit requirements;

(2) A school may award a special diploma that recognizes academic achievement;

(3) Credits earned 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.

(l) All students with disabilities shall be entitled to continue with their high school educational program until such time as each student has earned a regular high school diploma or has attained the age of 21, whichever comes first, or until the IEP or Section 504 team, through a formal evaluation process, determines that such student is no longer in need of, and thereby not eligible for, special education and related services or accommodations and auxiliary supports.

(m) The 20 credits required for graduation shall be distributed as specified in Table 306-2:

Table 306-2 Required Subjects and Credits for High School Graduation

Required Subjects	Credit(s)
Arts education	½ credit
Information and communications technologies	½ credit or demonstrate proficiency
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	½ credit
World history, global studies, or geography	½ credit
Health education	½ credit
Physical education	1 credits
Open electives	6 credits
Totals	20 credits

(n) The ½ credit requirement in information and communications technologies education shall be met by successfully completing:

(1) The equivalent of a ½ credit course comprised of the creation of a digital portfolio to demonstrate proficient, ethical, and responsible use of 21^st century tools, including, but not limited to, digital technology and communication tools, in the context of core subjects; or

(2) A ½ credit course in information and communications technologies education at the high school level.

(o) The 6 credits of open electives shall be selected from any of the school's course offerings.

(p) The local school board shall adopt a policy relative to counting credits for course work earned in one content area toward meeting any graduation requirements in another content area through the awarding of interdisciplinary credit. Any graduation requirement in a subject area may be earned through interdisciplinary credit, subject to the following conditions:

(1) Graduation requirements met by interdisciplinary credit shall be clearly designated on student transcripts;

(2) Interdisciplinary credit shall be counted only once in meeting graduation requirements; and

(3) The high school principal may approve a particular course for interdisciplinary credit if he/she determines that:

a. The course has been adopted by a faculty team; and

b. The course addresses the objectives for the subject area in which the credit is to be counted.

(q) If a local school board adopts policies relative to the awarding of credit for distance education as described in Ed 306.22, the policies shall require that:

(1) Students may earn credit toward the number of units required for graduation through the successful completion of such courses; and

(2) Credit shall be granted only if the high school principal determines that the distance learning course meets the academic standards required by the high school for students enrolled in a credit course offered by the high school.

(r) In each high school, the minimum yearly course load for a student shall be 4 credits, except that this requirement may be modified for:

(1) Disabled students for which an individualized education program (IEP) has been developed in accordance with Ed 1109;

(2) Students for whom early graduation has been approved as provided in (t) below; or

(3) Those individuals in special or unusual circumstances as provided by local school board policy.

(s) A local school board may adopt policies pertaining to early graduation for individual students. Such policies shall require parental involvement for students under the age of 18. Consistent with local policy, the high school principal shall approve such requests if he/she determines that all state and local graduation requirements will be met and that early graduation is related to the career or educational plans of the student making the request. Upon approval by the high school principal, the minimum 4-credit requirement per year for enrolled students shall be waived, and the student shall be awarded a high school diploma.

(t) 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 graduation requirements.

(u) Upon receipt of a written request from the local school board, the commissioner of education shall waive a particular graduation requirement and shall permit the local board to award a high school diploma to a student if the commissioner determines that:

(1) Such action is in the best interests of the student; and

(2) At least one of the following circumstances exists:

a. The student has a debilitating illness which limits school attendance;

b. The student has a physical disability which precludes participation in physical education;

c. The student moved into a New Hampshire school district from out of state during grade 12 and was not able to schedule a particular graduation requirement; or

d. Another condition exists beyond the control of the student similar to the conditions described in a., b., or c.

(v) 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 disabilities.

Ed 306.28 Approval Process.

(a) Pursuant to RSA 186:8, I, 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 with distinction for a 5-year period, which means that a school:

a. Meets all requirements of Ed 306; and

b. Achieves annual state performance targets;

(2) Approved, which means that a school meets all requirements of Ed 306;

(3) Conditionally approved; and

(4) Unapproved.

(c) A school which does not meet all of the applicable requirements of Ed 306 shall be designated as conditionally approved for a period of one year, provided that:

(1) All identified deficiencies and a timetable for their correction shall be incorporated into the approval designation;

(2) In no case shall a school be designated as conditionally approved for more than 3 consecutive school years;

(3) A conditionally approved school which fails to meet the requirements of an approved school within 3 consecutive school years shall be designated as unapproved and shall be subject to the provisions of RSA 194:23;

(4) The department shall work with the local school board to correct all deficiencies until such time as an unapproved school meets all applicable standards and is designated as an approved school;

(5) Readoption of any of the rules in Ed 306 shall not extend time periods for compliance; and

(6) The local school board and superintendent have submitted an application for an alternative method of compliance under Ed 306.29.

(d) One year prior to the expiration of a school's approval, the department shall notify the chairperson of the local school board and the superintendent of the respective district that documentation of compliance with all applicable standards shall be submitted to the department within 4 months.

(e) The commissioner of education shall designate staff members of the department to visit schools to verify the information submitted.

(f) Each year the commissioner, based on staff recommendations, shall prepare a proposed approval designation, as provided in (b) above, for each public school and public academy whose approval is due to expire.

(g) The commissioner shall notify in writing the chairperson of the local school board and the superintendent of the respective district of his/her proposed approval designation.

(h) If local school officials consider the commissioner's proposed approval designation to be in error, the superintendent shall prepare written evidence to justify its modification.

(i) Such evidence shall be submitted to the commissioner or designee within 30 days of receipt of the commissioner's proposed designation.

(j) The commissioner shall review all requests for modification and notify, in writing, the chairperson of the local school board and the superintendent of his/her final approval designation and the school shall be designated as approved, conditionally approved, or unapproved.

(k) If a request for modification of a proposed approval designation has not been received within 30 days, it shall become the commissioner's final approval designation and the school shall be designated as approved, conditionally approved, or unapproved.

(l) The commissioner shall notify the local school board chairperson and the superintendent of the respective district of each school's final approval designation.

(m) If the commissioner has designated a school as "conditionally approved" or "unapproved," the chairperson of the local school board may appeal the decision and request a state board hearing. Said appeal shall be filed in writing with the office of legislation and hearings within 20 days of the receipt of the final approval designation and shall specify the basis for the appeal. The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

(n) Pursuant to RSA 21-N:11, III, any person directly affected by said decision may request a state board hearing. A request for a hearing shall be filed in writing with the office of legislation and hearings within 20 days of the decision and shall specify the basis for such hearing. The office of legislation and hearings shall schedule the hearing in accordance with timelines and procedures established in Ed 200.

(o) Each year, the state board of education shall direct the commissioner to publish a list of all public schools and public academies by approval category. The term of approval for each school shall also be listed. A school's approval designation shall remain in effect until changed by the commissioner.

(p) It shall be the responsibility of the chairperson of the local school board and the superintendent to notify the commissioner of any change in conditions which affects a schools compliance with these rules. If the commissioner of education determines that a school is no longer in compliance with the provisions of these rules, the commissioner shall provide notice of the right to a hearing to the chairperson of the local school board and the superintendent. If a hearing is requested, the local district shall have the opportunity to show compliance with the rules. If the commissioner determines after the hearing that the school is not in compliance with the provisions of these rules, or if no hearing is requested, the commissioner shall revoke the school’s approval.

(q) The commissioner shall notify the local school board chairperson and the superintendent of his/her decision to revoke a school's approval.

(r) The chairperson of the local school board may appeal the decision and request a state board hearing. The appeal shall be filed in writing with the office of legislation and hearings within 20 days of the receipt of the decision and shall specify the basis for the appeal. The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

(s) Pursuant to RSA 21-N:11, III, any person directly affected by such a decision may request a state board hearing. A request for a hearing shall be filed in writing with the office of legislation and hearings within 20 days of the decision and shall specify the basis for such hearing. The office of legislation and hearings shall schedule the hearing in accordance with timelines and procedures established in Ed 200.

Ed 306.29 Alternative Compliance.

(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 approval, the local school board shall submit a written request to the commissioner of education that includes:

(1) The name(s) of school(s)/district;

(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 the alternative and consists of a statement of intent, method of implementation, evaluation procedures, timetable for development and implementation, and 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 306.28, 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 may appeal the decision and request a state board hearing. The appeal shall be filed in writing with the office of legislation and hearings within 20 days of the receipt of the decision and shall specify the basis for the appeal. The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

(f) Pursuant to RSA 21-N:11, III, any person directly affected by the decision may request a state board hearing. A request for a hearing shall be filed in writing with the office of legislation and hearings within 20 days of the decision and shall specify the basis for such hearing. The office of legislation and hearings shall schedule the hearing in accordance with timelines and procedures established in Ed 200.

Ed 306.30 Delay in Full Compliance.

(a) Notwithstanding any other provision of these rules and in accordance with the provisions of RSA 194:23-c, the state board of education shall have the power to approve, for a period of 1 year, a school, although it does not fully meet the requirements for an approved school, as established in these rules, if any of the conditions listed in (c)(1) – (4) below justify delay in full compliance.

(b) A request for delay in full compliance shall be submitted in writing by the chairperson of the local school board to the commissioner. Each request shall specify the standard(s) to be delayed and provide written evidence to justify delay in full compliance, including the reason(s) for the request and a local plan and timetable for bringing the school/district into full compliance.

(c) Upon review of the request, the state board shall grant a delay in full compliance and approve the school for a period of one year if any of the following conditions exists:

(1) Reduction in local tax base;

(2) Closing of a major industry;

(3) Sudden influx of school-age population; or

(4) Emergency beyond the control of the school district, such as a fire or natural disaster.

(d) The commissioner shall notify the local school board chairperson and the superintendent of the state board's decision.

(e) If the state board denies the request, the chairperson of the local school board may appeal the decision and request a reconsideration of the state board's decision. The appeal shall be filed in writing with the office of legislation and hearings within 20 days of receipt of the decision and shall specify the basis for the appeal. The office of legislation and hearings shall schedule a hearing on the appeal in accordance with timelines and procedures established in Ed 200.

Ed 306.31 Arts Education Program. Pursuant to Ed 306.26 and Ed 306.27, the local school board shall require that an arts education program for grades K-12 provides:

(a) Systematic and sequential instruction in the arts disciplines of music and visual art, while developing opportunities for dance and theatre, where students will:

(1) Create, perform, and respond with understanding;

(2) Participate actively in at least one of the art forms of dance, music, theatre or visual art;

(3) Analyze and evaluate works of art from structural, historical, and cultural perspectives, including acquiring the ability to understand and evaluate works of art in various arts disciplines;

(4) Recognize exemplary works of art from a variety of historical periods and cultures, as well as understand historical development within and among the arts disciplines;

(5) Relate various types of arts knowledge and skills within and across the arts and other disciplines;

(6) Use technology as ways to create, perform, or respond in various arts disciplines; and

(7) Become familiar with career opportunities in the arts or with the impact of the arts on everyday life;

(b) Planned curriculum that is consistent with RSA 193-C:3, III; that will provide for:

(1) A variety of developmentally appropriate techniques and processes as well as learning materials such as tools, equipment, facilities and supplies, including but not limited to musical instruments, current recording devices, computers and software, and expendable art-making supplies, that meet the diverse needs, interests and capacities of each student;

(2) The best interests of students regarding safety and health issues associated with materials, tools, equipment, supplies and procedures;

(3) The ability to guide student development in observing, imagining, visualizing, listening, transforming, and synthesizing their thoughts and ideas into artworks through traditional and nontraditional means such as, but not limited to, choreography, reading and writing music, improvisation, script-writing, set design, two and three-dimensional artworks, and media arts;

(4) The ability to guide students in selecting and applying subject matter and movements, sounds, language, or symbols, or any combination of them, with ideas to express meaning in artwork;

(5) Developing artistry and artistic skill sequentially over time;

(6) Critical thinking skills and artistic choices in the creation and evaluation of artworks;

(7) Addressing opportunities available beyond the regular classroom; and

(8) Embedding in the students global arts-related history and culture; and

Ed 306.32 Automotive Technology Education Program.

(a) Each receiving district school board that oversees a regional career and technical education center under RSA 188-E shall require that an automotive technology education program provides:

(1) Instruction and student activities that meet or exceed the 2002 automobile program standards established by the National Automotive Technicians Education Foundation (NATEF) for secondary level programs, including, but not limited to:

a. NATEF standards for minimum contact hours between student and teacher, which shall be specified in a written agreement between the sending district and:

1. An automotive dealership; or

2. A postsecondary program; and

b. Instruction enabling students to develop competencies in the following areas:

1. Suspension and steering;

2. Brakes;

3. Electrical/electronic systems; and

4. Engine performance;

(2) One or more ending examinations approved by:

a. NATEF;

b. Automotive Youth Educational Systems (AYES);

c. National Occupational Competency Testing Institute (NOCTI); or

d. The automotive technology advisory council established under RSA 188-E:19; and

(3) Systematic instruction and laboratory activities designed to enable students to:

a. Achieve high employability, and performance skills and work habits in the following areas:

1. Decision making and problem solving;

2. Self management;

3. Ability to work with others;

4. Written and oral communication;

5. Ability to effectively use information to meet safety requirements, to analyze and diagnose problems, and to perform automotive service;

6. Personal work habits;

7. Positive attitude;

8. Dependability; and

9. Ability to learn; and

b. Understand all aspects of automotive technology, including:

1. Management structure;

2. Training;

3. Health, safety, and environmental issues;

4. Technology;

5. Shop operations;

6. Consumer relations;

7. Quality;

8. Productivity; and

9. Safety.

(b) An automotive technology education program shall meet the requirements of Ed 306.34(a) and (b), relative to career and technical education programs.

(c) A student successfully completing a program in automotive technology shall be eligible to receive high school credit for the program in accordance with Ed 306.27.

(d) Each teacher of automotive technology shall:

(1) Be certified as a teacher of career and technical education under Ed 507.02; and

(2) Hold National Institute for Automotive Service Excellence (ASE) certification in each content area taught in the program, including the content areas listed in (a)(1)b. above.

Ed 306.33 Business Education Program.

(a) Pursuant to Ed 306.27, the local school board shall require that a business education program provides:

(1) A student-centered learning environment, guiding learners as they prepare skills needed to be effective citizens, consumer, workers, and business leaders;

(2) Opportunities for students to become familiar with business principles, practices, attitudes, and procedures basic to successful participation in the business world;

(3) Opportunities for students to acquire basic knowledge in:

a. Accounting;

b. Business law;

c. Career development;

d. Communication;

e. Computation;

f. Economics;

g. Personal finance;

h. Entrepreneurship;

i. Information technology;

j. International business;

k. Management;

l. E-business; and

m. Marketing;

(4) Opportunities for students to participate in cooperative education and work experience programs;

(5) Courses totaling at least 5 credits in business education which shall be distributed as follows:

a. Three credits in business communication where students will:

1. Learn to communicate effectively as writers, listeners, and speakers; and

2. Apply and enhance technology and processing skills that are critical for acquiring, recording, interpreting, evaluating, and managing information;

b. One credit in accounting, banking, or finance to develop and apply principles and procedures through recording, analyzing, and interpreting financial data necessary for success in society and the workplace;

c. One credit in fundamental business and economic education dealing with:

1. The United States enterprise system;

2. Saving and investment planning;

3. Supply and demand;

4. Management, consumption and distribution of goods and services;

5. Marketing and distribution to the consumer;

6. Business decision making;

7. Careers in business and marketing;

8. Human relation skills;

9. The global economy;

10. International finance; and

11. Trade relations; and

(6) Systematic instruction and activities designed to enable students to:

a. Function as economically literate citizens by developing and applying personal consumer economic skills, knowledge of social and government responsibility, and business operations;

b. Select and apply the tools of technology as they relate to personal and business decision making;

c. Locate, retrieve, evaluate, and use information from traditional and emerging resources;

d. Demonstrate leadership, teamwork and interpersonal skills needed to function in diverse business settings;

e. Develop an awareness of career opportunities and lifelong learning skills that will enable students to:

1. Have an understanding of career choices and their interrelations; and

2. Make wise career decisions and successful career transitions;

f. Apply the principles of law in personal and business venues;

g. Develop and apply skills in administrative support; and

h. Develop an understanding of the global business environment, including its cultural, political, legal, economic, and ethical systems.

Ed 306.34 Career and Technical Education Program.

(a) Pursuant to Ed 306.27, the local school board shall require that a high school career and technical education program, either locally or through regional technical vocational education centers under RSA 188-E, provides:

(1) Planned activities designed to prepare each student for employment in current or emerging occupations, and for further postsecondary education or training, or both;

(2) Instruction and activities which emphasize the development of:

a. Competency-based academic knowledge related to the career field the student is studying;

b. High employability and performance skills, including the following skills:

1. Decision making and problem solving;

2. Self-management;

3. Communications;

4. Ability to work with others; and

5. Ability to use information for research, analysis, technology, safety, and career development;

c. Understanding all aspects of the career field that the student is studying, including:

1. Planning

2. Management;

3. Finances;

4. Technical and production skills;

5. Underlying principles of technology;

6. Labor, and community issues;

7. Health, safety, and environmental issues; and

8. Personal work habits; and

d. Occupational-specific skills that provide the individual student with the ability to obtain employment and to adapt to the changing demands of the workplace;

(3) A safe environment for students in laboratory classes and at work stations which shall:

a. Meet safety standards established by national associations and adopted as administrative rules by New Hampshire licensing boards for the particular career;

b. Not exceed 24 students in each laboratory class; and

c. Comply with all state and federal child labor laws;

(4) Coordination with postsecondary or apprenticeship programs, or both; and

(5) A dedicated staff person in each center, either certified in school guidance counseling or holding a current certificate of training from a nationally recognized program as a career development specialist/facilitator, who, working with the school’s comprehensive developmental school guidance and counseling program, provides students with:

a. Career interest and aptitude appraisal activities; and

b. Individual planning, services and support, and follow-up guidance.

(b) Each career and technical education program shall provide experiences leading to licensure, certification, and further education or training.

(c) A school district shall be eligible for reimbursement of vocational education tuition and transportation in accordance with RSA 188-E:9 and Ed 1403.

Ed 306.35 Career Education Program.

(a) Pursuant to Ed 306.26 - Ed 306.27, the local school board shall require that a comprehensive career education program provides for the infusion of developmentally appropriate knowledge and skill development throughout all areas of the K-12 curriculum, in accordance with RSA 193-C:3, III and recognized national standards.

(b) At all grade levels, this comprehensive career education program shall include opportunities for students to:

(1) Develop self-knowledge, self-confidence, and self-awareness in defining and refining life and work roles; and

(2) Become familiar with the skills and knowledge essential for making individual career and educational decisions.

(c) At the middle and high school level, this program shall include systematic instruction and activities designed to enable students to:

(1) Develop basic knowledge, attitudes, and competencies that promote success on the job;

(2) Collect and evaluate data related to current and emerging employment opportunities;

(3) Use available resources in planning and decision making regarding educational and career objectives;

(4) Understand the wide variety and interrelatedness of occupations; and

(5) Develop career interests and an awareness of the training and skills required for success.

Ed 306.36 Driver Education Program. Pursuant to Ed 306.27, the local school board shall require that a driver education program provides:

(a) Access to driver education programs which, at a minimum, shall consist of concurrent classroom instruction and behind-the-wheel driver training in accordance with Saf-C 3100, which may be implemented through contractual arrangements with a licensed motor vehicle drivers’ school as provided in Saf-C 3112, scheduled outside of the regular school day, and supported with student fees; and

(b) Systematic classroom and in-car instruction and activities designed to enable students to achieve proficiency in the concepts specified in Saf-C 3115.02.

Ed 306.37 English/Language Arts and Reading Program.

(a) Pursuant to Ed 306.26, the local school board shall require that an English/language arts and reading program in each elementary school provides:

(1) Systematic and continuous instruction which develops students' knowledge of language arts, including listening, speaking, reading, writing, and viewing;

(2) Instruction which emphasizes how to clarify, order, interpret, and communicate experiences through the skillful use of language;

(3) Opportunities for each student to exercise, with fluency and ease, oral and written skills and to become acquainted with others' interpretations of experiences through fiction and informational materials, film, television, and other media;

(4) An environment which promotes the importance of reading;

(5) Opportunities for each child to become literate;

(6) Methods for assessing students for appropriate placement in the reading/language arts program, including diagnostic assessment for remediation;

(7) Support for teachers on interpreting test results;

(8) Continuous monitoring of each student's progress from grade to grade;

(9) Early intervention or remediation;

(10) Instruction for teachers in reading in the content areas; and

(11) Training for instructional staff on methods for effectively meeting the language arts/reading needs of all students and on current developments in language arts/reading.

(b) Pursuant to Ed 306.26, the local school board shall require that an English/language arts and reading program in each middle school provides:

(1) Instruction which emphasizes the use of language to clarify, order, interpret, and communicate experiences including instruction in listening, speaking, reading, writing, and viewing;

(2) Opportunities for each student to develop oral and written skills and to become acquainted with others' interpretations of experiences through fiction and informational materials, film, television, and other media; and

(3) Systematic instruction and activities designed to enable student to:

a. Comprehend and produce progressively more complex oral and written language using various patterns of organization, such as narration, description, enumeration, sequence, cause/effect, comparison/contrast, and problem/solution;

b. Recognize and create literary elements, such as plot, character, setting and point of view in a variety of genres;

c. Apply the writing process, including choosing a topic, generating ideas and locating information, drafting, revising, and editing;

d. Increase vocabulary through semantics, use of the dictionary, structural analysis, including prefixes and suffixes, and other strategies;

e. Apply previously learned reading skills to content materials;

f. Acquire new reading skills and fluency through remedial, developmental, and enrichment programs;

g. Use appropriate reading techniques to acquire knowledge, including setting the purpose for reading, varying reading speed, and reading for comprehension at the literal, inferential, evaluative, critical, and analytical levels;

h. Read to satisfy personal interests and recognize that fiction and informational materials can offer insight into life; and

i. Employ appropriate study skills, including the ability to locate materials, take notes, organize information, and use a variety of sources.

(c) Pursuant to Ed 306.27, the local school board shall require that an English/language arts program in each high school provides:

(1) Opportunities for students to become familiar with the history, structure, and use of English as the basic medium of communication in our society;

(2) Opportunities for students to develop proficiency and control in the use of language, an appreciation of a variety of literary forms, an understanding and appreciation of various aspects of past and present cultures as expressed in literature, and interests for lifelong learning;

(3) Courses totaling at least 6 credits in English which shall be distributed as follows:

a. At least 4 credits required of all students and planned as a purposeful sequence of study which promotes the development of the basic language skills of listening, speaking, reading, writing, and viewing; the acquisition of knowledge, and the understanding of literature and our literary heritage; and

b. At least 2 elective credits designed to provide increased proficiency in the basic language skills and/or an expanded knowledge and understanding of literature and which may be met by such courses as advanced writing, public speaking, debating, dramatics, humanities, and world literature; and

(4) Systematic instruction and activities designed to enable students to:

a. Develop effective listening and discussion techniques, distinguish fact from opinion, and identify the principle idea;

b. Write and present speeches for a variety of purposes and audiences;

c. Understand and apply the writing process by choosing a topic, generating ideas and locating information, drafting, revising, and editing in order to write well-organized, legible, well-supported papers;

d. Use correctly the conventions of standard English, such as grammar, punctuation, spelling, capitalization, and word usage, in all written work;

e. Increase reading speed and comprehension and develop thinking skills, such as inference, applying knowledge, and making judgments;

f. Develop word recognition skills, such as context clues, prefixes, suffixes, and phonetic analysis, in order to develop an increased vocabulary;

g. Understand ideas presented in a variety of visual formats such as television advertisements and political cartoons;

h. Know and appreciate both traditional and contemporary literature, including English, American, and works in translation;

i. Understand literary analysis through discussion and writing activities;

j. Recognize how our literary heritage relates to the customs, ideas, and values of today's life and culture; and

k. Develop study skills which contribute to academic success, such as using the dictionary, note taking, locating information, distinguishing good sources of information from bad sources, and applying information in solving of real-life problems.

Ed 306.38 Family and Consumer Science Education Program.

(a) Pursuant to Ed 306.26, the local school board shall require that a family and consumer science education program in each middle school provides:

(1) Instructions which emphasizes the use of critical and creative thinking skills to address problems as individuals in diverse family, community , and work environments;

(2) Planned activities designed to promote becoming responsible citizens and leaders in family, community, and work settings;

(3) Experiences which develop students’ information-gathering techniques, including, but not limited to:

a. Collecting, analyzing, organizing, and presenting information;

b. Decision making and problem solving;

c. Self-management;

d. Communication and conflict resolution; and

e. Technological literacy;

(4) Instruction in both subject matter and process, with an emphasis on breadth rather than depth;

(5) Experiences which develop students' knowledge and skills in:

a. Managing foods and nutrition;

b. Consumer and family resource management;

c. Interpersonal relationships; and

d. Human growth and development; and

(6) Systematic instruction and activities designed to enable students to:

a. Manage foods and nutrition as follows:

1. Identify behaviors that influence nutrition and wellness practices;

2. Evaluate personal nutritional needs and how they can affect health, appearance, and performance; and

3. Demonstrate basic skills in selecting, storing, preparing, and serving foods that meet personal and family nutritional needs;

b. In the area of consumer and resource management:

1. Demonstrate basic skills needed for management of individual and family resources, including food, clothing, recreation, and transportation;

2. Demonstrate behaviors that conserve, reuse, and recycle resources to maintain the environment;

3. Examine how to make decisions to satisfy personal needs and wants; and

4. Demonstrate responsible management of personal financial resources to meet needs and wants;

c. In the area of interpersonal relationships:

1. Explain the impact of personal standards and codes of conduct on interpersonal relationships;

2. Examine the effect of self-esteem and self-image on relationships;

3. Explore factors that contribute to healthy and unhealthy relationships;

4. Demonstrate basic communication skills that encourage positive relationships;

5. Demonstrate skills that can address and reduce conflict; and

6. Demonstrate processes for cooperating, compromising, and working together; and

d. In the area of human growth and development:

1. Explore the different areas of development, including physical, emotional, social, and intellectual;

2. Explore factors that can affect human growth and development; and

3. Demonstrate basic skills that promote human growth and development.

(b) Pursuant to Ed 306.27, the local school board shall require that a family and consumer science education program in each high school provides:

(1) Opportunities for students to develop the knowledge, skills, attitudes, and behaviors needed for balancing personal, home, family, and work lives;

(2) Instruction which emphasizes the development of all individuals into effectively literate consumers and managers of resources;

(3) Instruction which emphasizes knowledge and skills to promote optimal food, nutrition, and wellness practices;

(4) Opportunities for students to develop an awareness of career opportunities and to function as leaders in family, community, and work settings;

(5) Courses totaling at least 3 credits, of which:

a. At least ½ credit is devoted to adult roles and responsibilities covering:

1. Personal financial literacy;

2. Interpersonal relationships;

3. Communications and conflict resolution; and

4. Positive adult roles; and

b. At least 2 ½ credits are from the following areas of study:

1. Career, community, and family relations;

2. Consumer and resource management;

3. Foods, nutrition, and wellness;

4. Hospitality, tourism, and facilities management;

5. Housing and textiles; and

6. Human growth and development; and

(6) Systematic instruction and activities designed to enable students to:

a. Balance personal, home, family, and work lives;

b. Promote optimal nutrition and wellness across the life span;

c. Function effectively as providers and consumers of goods and services;

d. Manage resources to meet the needs of individuals and families;

e. Strengthen the well-being of individuals and families;

f. Develop attitudes and habits conductive to career planning, preparation, and success;

g. Understand the principles of human growth and development;

h. Manage housing, furnishings, clothing, and textiles; and

i. Understand the hospitality and tourism industry.

Ed 306.39 Guidance and Counseling Program.

(a) The local school board shall require that each school in its district provides for the implementation of a comprehensive developmental school guidance and counseling program based on Ed 306.39 and “The ASCA National Model: A Foundation for School Counseling Program,” published by the American School Counselor Association (ASCA) in 2003 as an integral part of the total educational program.

(b) The department shall develop and distribute a comprehensive school guidance and counseling program model implementation manual that may be used by schools and districts as a resource in professional development and planning activities.

(c) The local school board shall require that each district develop, and have on file a comprehensive K-12 developmental school guidance and counseling policy and implementation plan.

(d) This policy and plan shall:

(1) Address the applicable state frameworks consistent with RSA 193-C:3, III;

(2) Be based on Ed 306.39 and “The ASCA National Model: A Foundation for School Counseling Program,” published by the American School Counselor Association (ASCA) in 2003;

(3) Support the local school district’s improvement plans and goals; and

(4) Identify measures of success for student competencies in each of the 3 areas of academic, individual/social, and career learning, based on planned and periodic assessment of the comprehensive developmental school guidance and counseling program.

(e) The comprehensive school guidance and counseling plan shall include: