Adopt Ed 306 to read as follows:

 

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 appropriate 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 7 through 9 or any combination of the grades 4 through 8 may be organized as a public junior high school or public middle school, respectively, and so approved if it meets the rules applicable to all schools and, except for grade 9, the rules applicable to each middle/junior high school. Irrespective of the organizational plan adopted, for school approval purposes, grade 9 shall comply with the rules which apply to each high school.

 

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

 

          Ed 306.03  Statutory and Policy Requirements.

 

          (a)  Each 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 Board of Education 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, each 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)  Recommending daily physical activities for students; and

 

(13) Behavior management and intervention for 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 arriving and leaving school each day. 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, internships, and use of online resources; 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 ensure that safety instruction is included 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 other languages for students and parents and guardians for whom English is a second language.

 

          (g)  Each school board shall ensure that methods for suspension and dismissal of students are developed and implemented in accordance with RSA 193:13 to 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, 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" and RSA 91-A, Access to Public Records.

 

          (i)  The policy relative to character and citizenship development shall include those elements of character and citizenship to be incorporated in courses of study or instilled, by example, in a caring educational environment. It shall be developed in consultation with school staff, administration, parents, and other representatives of the community. Basic elements of character and citizenship shall include self-discipline, self-respect, and self-control; pursuant to Part Second, Article 83 of the New Hampshire Constitution, humanity, benevolence, and truth and honesty with self and others; fairness, integrity, and justice; respect, courtesy, and human worth; responsibility to oneself and others; community service; and, pursuant to RSA 186:13, the rights and responsibilities of citizenship.

 

          (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 subscribe to 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, 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; and

 

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

 

          Ed 306.05  School Philosophy, Goals, and Objectives.  The school board shall ensure that each school has a written philosophy and a statement of goals and objectives consistent with the rules of the state board of education and adopted by the local school board. 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)  Each local school board shall ensure that its school policies reflect:

 

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

 

(2) Shared ownership and responsibility for the success of the school among students and adults;

 

(3) Encouraging student ownership 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) Ensure that a fair and equitable code of discipline is established 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.

 

          (a)  Each local school board shall ensure that the facilities for each school provide the following:

 

(1)  Adequate space, equipment, and safety system for all areas of the school building, grounds, and school-related activities;

 

(2) Adequate space for the preparation and consumption of meals;

 

(3) Adequate lighting; and

 

(4) Adequate exhaust and outdoor air ventilation, proper temperature and humidity conditions.

 

          (b)  Each local school board shall, 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 the National Fire Protection Association’s Life Safety Codes for educational facilities;

 

(4) Provide documentary evidence that the school is designed, built, and maintained in a manner that minimizes sources of pollution; and

 

(5) 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 school board shall ensure 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;

 

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

 

c. Managed through circulation policies and procedures that are designed to maximize the use of the 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.  Each 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.  Each 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)  Each school board shall

 

(a) Ensure 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; and

 

(b) Provide a qualified individual 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

 

          (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 within the first 5 years of employment.

 

          (d)  Students shall be provided with an adequate time to consume meals in each elementary school in which school meals are offered.

 

          (e)  Students shall be provided with an adequate time to consume meals in each middle/junior high and high school in which meals are offered.

 

          (f)  If a waiver is granted due to inadequate space, the school district shall make provisions in the next school physical plant expansion provisions to house an adequate food service preparation and consumption area .

 

          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 ensure that each school provides qualified personnel to carry out appropriate school health-related activities.

 

          (b)  Each 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, licensed practical nurse, or certified nursing assistant employed by a school district shall hold current certification in first aid and cardiopulmonary certification (CPR) from a certifying entity that provides certification based on a curriculum that adheres to the guidelines established by the American Heart Association. 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 CPR certification shall be available.

 

          Ed 306.13  Guidance Plan. Each 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 ensure that each school has an instructional program which includes evidence of 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;

 

          (c)  An organized plan for recording student progress in meeting program objectives;

 

          (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 plan for students to pursue and demonstrate advanced course work beyond course requirements;

 

          (h)  A plan for offering advanced placement courses in high school; and

 

          (i)  Encouragement of 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 ensure that each school provides:

 

(1)  The services of a principal and a guidance counselor(s);

 

(2)  For the hiring and training of highly qualified teachers;

 

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

 

(4)  Teachers, including art, music, and physical education teachers, shall be provided in accordance with class size requirements in Ed 306.17.

 

          (b)  The local school board shall provide the services of a reading specialist or library media specialist, or both, as the board determines are needed to carry out the education program established by these rules and local school board policy;

 

          (c)  The school board shall ensure 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/junior high school and each high school shall not exceed the equivalent of one full-time guidance counselor per 300 students served.

 

          (d)  The local school board shall ensure that each school with an enrollment of 500 or more students provides the services of an associate principal or full-time equivalent to carry out administrative duties assigned by the superintendent in accordance with local school board policy.

 

          (e)  The local school board may provide for each school the services of additional staff to facilitate the use of the instructional resources described in Ed 306.08 and the technological resources needed to facilitate the information and communication technologies program described in Ed 306.41.

 

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

 

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

 

          Ed 306.16  Professional Development.  In accordance with Ed 512:

 

          (a)  Each local school board shall ensure:

 

(1) That each professional and paraeducator staff member improves his or her 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 ensure 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. Classroom 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)  Beginning in the 2008-2009 school year, in each school, class size for instructional purposes shall be for:

 

(1) Kindergarten – grade 2, 20 students or less;

 

(2) Grades 3 – 5, 25 students or less; and

 

(3) Middle, junior, and senior high school, 30 students or less.

 

          (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 development 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. Pursuant to RSA 189:1 and 189:24, each elementary school shall maintain a school year of at least 945 hours of instructional time, and each middle, junior high, and senior high school shall maintain a school year of at least 990 hours of instructional time.

 

          Ed 306.19  School Calendar.  Each elementary school shall have a school calendar of at least 945 hours of instructional time. Each middle, junior high, and senior high school shall have a school calendar of at least 990 hours of instructional time.

 

          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: