Section 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 for a 5 year period provided that a school meets and continues to meet all requirements of Ed 306;(2) Conditionally approved; and(c) A school which does not meet all of the applicable requirements of Ed 306 shall be designated as conditionally approved, provided that:(1) All identified deficiencies and a timetable for their correction shall be incorporated into the approval designation; and(2) The department shall work with the school officials and the local school board toward correcting all deficiencies.(d) A conditionally approved school which fails to meet the requirements of an approved school within 3 consecutive school years shall be designated as unapproved unless approved for delay in full compliance under Ed 306.30.(e) One year prior to the expiration of a school's approval, the chairperson of the local school board and the superintendent of the respective district shall provide documentation of compliance with all applicable standards as follows: (1) By October 1, the superintendent of schools shall electronically certify that the schools in the school administrative unit meet all requirements of Ed 306 through the online Education Statistics System (ESS) school approval checklist; and at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx(2) All schools shall annually comply with Ed 306.07, School Facilities, through the online ESS in (1) above and Saf-C 6000, State Fire Code, through completion of a life safety inspection by the local fire department and inspection by the local health officer or other authority having jurisdiction as required by RSA 153:14.(f) A school not meeting the requirements of (f)(2) above shall be designated as unapproved.(g) If compliance with any other requirement of Ed 306 is in question, the school board chairperson and superintendent shall provide the commissioner with an alternative approval proposal as provided in Ed 306.29. If approved, the alternative approval proposal shall be made publicly available by the school district.(h) The commissioner of education shall designate qualified professionals to visit schools to conduct school audits to verify the information and documentation submitted in (a) and (f) above, in conjunction with visits pursuant to RSA 193-E:3.(i) Each year the commissioner shall provide a proposed approval designation, as identified in (b) above, for each public school and public academy with an expiring approval status.(j) The commissioner shall notify in writing the chairperson of the local school board and the superintendent of each school's final approval designation.(k) 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.(l) Such evidence shall be submitted to the commissioner or designee within 30 days of receipt of the commissioner's proposed designation.(m) 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 as identified in (b).(n) 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 as identified in (b).(o) Each year, the state board of education shall direct the commissioner of education 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.(p) If the commissioner has designated a school as unapproved, the chairperson of the local school board or designee may appeal the decision of the school's final approval designation 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.(q) It shall be the responsibility of the superintendent to notify the commissioner of any change in conditions which affects a school's compliance with these rules.(r) 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.N.H. Code Admin. R. Ed 306.28
Adopted by Volume XXXIV Number 16, Filed April 17, 2014, Proposed by #10556, Effective 3/27/2014, Expires3/27/2024.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12845, Effective 8/9/2019, Expires 8/9/2029.