New Hampshire Administrative Code

(a) If the state board approves an initial application or a conditional approval of an initial application for a learn everywhere program, the state board shall issue a 3-year approval, which can be renewed following the procedures outlined in Ed 1403.04. (b) If the state board a…

Each approved program shall annually, in October, submit to the state board a report including, at a minimum, the following: (a) A brief statement explaining how the program is meeting the goals of its mission statement; and (b) The number of students enrolled in the program and …

(a) If a child with an IEP notifies the school of his or her intent to participate in a learn everywhere program, the LEA shall:(1) Follow the procedures enumerated in Ed 1109.03(h) and 34 CFR 300.324 to schedule an IEP team meeting; and (2) If requested by the child's parent or …

(a) Within 30 days of a student's successful completion of a program and submission of a learn everywhere program evaluation, a completion certificate shall be issued to the student. (b) Certificates shall be signed by the person designated in Ed 1403.01(b)(2) and the instructor(…

(a) Notwithstanding Ed 306, schools shall accept at least 1/3, and may accept as much as 100 percent if approved by the superintendent, of the total number of credits required for high school graduation, if requested by a student pursuant to (c) below. (b) Schools shall grant stu…

(a) To determine if all standards are met as specified in the application and approval and as specified in Ed 1403.01, each approved learn everywhere program shall be reviewed and have an on-site monitoring visit conducted by the administrator as follows: (1) One on-site visit du…

(a) Complaints shall be submitted in writing to the department identifying one or more of, but not limited to, the following circumstances which the complainant alleges: (1) The sponsor organization committed a material violation of any of the conditions, standards, or procedures…

(a) The department shall immediately suspend a program's approval if the department finds that public health, safety, or welfare requires emergency action and incorporates a finding to that effect. (b) The state board shall revoke a program's approval prior to the expiration of i…

(a) "Department" means the department of education, bureau of educational opportunities. (b) "Innovation school" means a school in which a local school board implements an innovation plan pursuant to RSA 194-E:2 with the approval of the state board. (c) "Innovation school zone" m…

(a) In order to be designated an innovation school, a school shall submit an innovation plan to the local school board addressing each relevant component of RSA 194-E:2, III. (b) In order to be designated an innovation zone, a collection of schools within a single district, or a …

(a) Upon receipt of an innovation plan, the local school board shall hold a public hearing on the plan. (b) Within 60 days of receipt of the plan, the local board shall either: (1) Approve the plan and seek designation from the state board under Ed 1501.04; or (2) Reject the plan…

(a) Upon approval of an innovation plan, the local school board(s) shall submit the innovation plan to the department for review and comment. (b) Within 45 days, the department shall issue written feedback to the local school board(s) using the criteria identified in RSA 194-E:3,…

(a) Two years after state board approval, and every 2 years after that, the local board shall conduct a review of the innovation plan, which shall include: (1) A review of the progress towards the plan objectives; (2) Improvements in academic performance of students attending the…

By January 1 of each year, the department shall provide an annual report on innovation schools and school zones to the entities identified in RSA 194-E:7, I, which shall include each of the elements identified in RSA 194-E:7, II. Notes N.H. Admin. Code § Ed 1501.06 Derived from N…

(a) Parts Ed 201 through Ed 213 provide rules of practice and procedure for the conduct of adjudicative proceedings in contested cases. The board has adopted these rules for the purpose of establishing an orderly procedure for acquiring sufficient information to make fair and rea…

The rules in this chapter shall apply to all adjudicative proceedings as defined in Ed 202.01 conducted by the board or its agents under RSA 21-N:11, III, including, but not limited to, nonpublic school grievances, home education grievances, grievances filed with the bureau of fo…

In accordance with RSA 541-A:37, the board or hearing officer upon the motion or petition of any interested person, shall agree to suspend or waive any procedural requirement or limitation imposed by this chapter upon 7 days notice to affected persons, upon a finding that the wai…

(a) Any time period specified in this chapter shall begin with the day following the event, act or default and shall include the last day of the period unless it is a Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next business …

(a) Unless called as witnesses, department staff shall have no role in any enforcement or disciplinary hearing other than ministerial acts, including but not limited to scheduling hearings and providing notice to the parties. (b) Unless called as a witness or granted party or int…

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previous…

(a) Upon his or her own initiative or upon the motion of any party, a hearing officer shall, for good cause withdraw from any hearing. (b) Good cause shall exist if a hearing officer: (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a finan…

The original copy of the hearing officer's report shall be maintained in the case file in the office of legislation and hearings. A copy of the report and recommendations shall be maintained in the state board of education's files maintained in the office of the commissioner. Sai…

"Adjudicative Proceeding" means the procedures to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36 and this chapter. Notes N.H. Admin. Code § Ed 202.01 #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-9…

"Board" means the state board of education. Notes N.H. Admin. Code § Ed 202.02 #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"Commissioner" means the commissioner of the New Hampshire department of education. Notes N.H. Admin. Code § Ed 202.03 #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"Contested case" means a "contested case" as defined in RSA 541-A:1, IV. Notes N.H. Admin. Code § Ed 202.04 #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"Data" means all information other than argument, including, but not limited to: (a) Oral or written descriptions; (b) Reports; (c) Maps; (d) Charts; (e) Drawings; (f) Photographs; (g) Audio or video recordings; (h) Computer programs or printouts; (i) Testimony; (j) Notes; and (k…

"Department" means the New Hampshire department of education established by RSA 21-N:2. Notes N.H. Admin. Code § Ed 202.06 #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"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. Notes N.H. Admin. Code § Ed 202.07 #6348, …

"Ex parte communication" means the transmittal of data or argument, by a party or at the request of a party, concerning the merits of the subject matter of any hearing to or from a person who is to render a decision or make findings of fact and conclusion of law in a contested ca…

"File" means to place a document in the actual possession of the department. Notes N.H. Admin. Code § Ed 202.09 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"Hearing officer" means an individual to whom the board has delegated authority pursuant to 186:10-a. Notes N.H. Admin. Code § Ed 202.10 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"Hearing" means the process by which the parties actually present evidence, data, and/or argument by methods appropriate to the circumstance and includes, but is not limited to: (a) Conducting trial-type evidentiary procedures; (b) Directing the filing of exhibits, affidavits, me…

"Motion" means any request by a party to a proceeding for an order relating to that proceeding. Notes N.H. Admin. Code § Ed 202.12 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05

"Office of legislation and hearings" means an entity within the office of the commissioner that acts as agent for the state board or commissioner for the purpose of overseeing the resolution of disputes. Notes N.H. Admin. Code § Ed 202.13 #8334-A, eff 4-23-05

"Order" means a document issued by the board or hearing officer on behalf of the board: (a) Establishing procedures to be followed in an adjudicative or non-adjudicative proceeding; (b) Granting or denying a petition or motion; (c) Requiring a person to do or to abstain from doin…

"Party" means "party" as defined in RSA 541-A:1, XII. Notes N.H. Admin. Code § Ed 202.15 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05 (from Ed 202.14 )

"Person" means "person" as defined in RSA 541-A:1,XIII. Notes N.H. Admin. Code § Ed 202.16 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05 (from Ed 202.15 )

"Petition" means any request to the board seeking an order or any other action or relief, but does not include a certificate application, a complaint against a licensee, or a motion. Notes N.H. Admin. Code § Ed 202.17 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05…

"Prehearing conference" means a prehearing conference conducted in accordance with Ed 208. Notes N.H. Admin. Code § Ed 202.18 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05 (from Ed 202.17 )

"Rulemaking" means the process by which the board proposes and adopts an administrative rule. Notes N.H. Admin. Code § Ed 202.19 #8334-A, eff 4-23-05 (from Ed 202.18 )

A document shall be considered properly filed when it is actually received by the office of legislation and hearings or the hearing officer, and conforms to the requirements of this chapter. Notes N.H. Admin. Code § Ed 203.01 #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4…

All documents to be filed under this chapter shall: (a) Be legible and of the size 8-1/2"x11", with a left margin of 1-1/2"; (b) Be produced using a font that is easily read and not smaller than 10 point; (c) Be printed on only one side of the page; (d) Contain the title of the p…

All petitions, motions, and replies filed with the department shall be signed by the party, or if represented, by his/her representative. The signature on the document shall constitute certification by the signor that the signor has read the document, is authorized to file it, an…

(a) All notices of hearings shall: (1) Be prepared and forwarded so as to afford all parties sufficient opportunity to prepare for, and develop the issues to be considered and decided at, the hearing; and (2) Be forwarded to all parties: a. In sealed envelopes; 1. Through the Uni…

(a) The only pleadings permitted shall be petitions and replies thereto. Petitions and replies thereto shall be served upon all other parties. (b) Unless otherwise specified by statute or this chapter, all petitions shall contain: (1) The name and address of the petitioner; (2) T…

(a) Unless otherwise specifically provided in this chapter, all motions and objections thereto shall conform to the requirements of this section. (b) Unless presented orally during a pre-hearing conference, hearing or other proceeding, all motions and objections thereto shall be …