New Hampshire Administrative Code

(a) If both parties agree to attempt to settle differences through neutral evaluation, the department shall schedule and conduct such evaluation. (b) The following requirements shall apply to an evaluation pursuant to (a) above: (1) A neutral evaluation shall consist of an inform…

If mediation is chosen by both parties as an alternative dispute resolution, the following shall apply: (a) A request for mediation shall be made by either party in writing and shall be accompanied by the final written decision at the local level. The mediation request shall spec…

(a) A party aggrieved by a decision at the local level may appeal to the state board for review, in accordance with RSA 541-A and Ed 200, provided that such appeal is filed within 30 days of receipt of the written decision of the local board or 7 days after any alternative disput…

(a) The office of legislation and hearings shall assign the appeal a docket number and serve the order of notice upon all parties to the proceeding by certified mail, personal service, or electronic submission with record of transmittal. The date of service shall be the date of p…

(a) Upon receipt of the appeal filed under Ed 206.01 and docketed under Ed 206.02 the office of legislation and hearings shall: (1) Assign the case to a hearing officer; (2) Include the following in the order of notice sent to the parties:a. The date the appeal was received by th…

(a) Upon good cause shown, including but not limited to illness, accident or death of a family member, the hearing officer shall continue the hearing and reschedule it for a date later than that shown in the order of notice but in no case shall the continuance be granted for more…

(a) Petitions for intervention shall be filed at least 3 days before the commencement of a proceeding or at any time if the hearing officer determines that such intervention would not impair the orderly and prompt conduct of the proceeding. (b) Petitions for intervention shall st…

(a) Whenever it shall appear to the hearing officer that 2 or more proceedings involve substantially similar or substantially related issues the hearing officer shall consolidate those proceedings for appeal decision, or both. (b) Whenever it shall appear to the hearing officer t…

A person shall appear in a proceeding by personal attendance or through the attendance of a representative appointed by the person. Notes N.H. Admin. Code § Ed 207.01 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05 (from Ed 205.01 )

(a) Individuals or public or corporate bodies may appoint a representative who is either an attorney-at-law licensed in New Hampshire or is a person knowledgeable about the subject matter of the appeal to represent him or her. (b) In the case of a party being represented by an at…

(a) After notice and opportunity for hearing and a finding of misconduct by any individual relating to representation before the hearing officer, the individual shall be disqualified from acting as a representative before the hearing officer. (b) A finding of misconduct shall be …

(a) Upon receipt of a written request for an appeal, the office of legislation and hearings shall schedule one or more prehearing conferences. (b) Matters which may be considered at prehearing conferences shall include, but not be limited to, the following: (1) Offers of settleme…

The hearing officer shall: (a) Hold hearings; (b) Regulate and control the course of hearing; (c) Administer oaths or affirmations; (d) Determine the order of proof; (e) Receive relevant evidence; (f) Take official notice of facts which are of common knowledge and general notorie…

In all proceedings governed by this chapter the party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition. Notes N.H. Admin. Code § Ed 209.02 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05 (from Ed 210.04)

In all proceedings governed by this chapter the party who proves his or her case by a preponderance of the evidence shall prevail. Notes N.H. Admin. Code § Ed 209.03 #6348, eff 10-5-96, EXPIRED: 10-5-04 New. #8334-A, eff 4-23-05 (from Ed 210.05)

The party bearing the burden of proof shall present its evidence first unless otherwise agreed to by the parties. All parties shall have the opportunity to present testimony, demonstrative and documentary evidence, cross-examine adverse witnesses and make opening and closing stat…

Introduction and admissibility of evidence shall be governed by the following: (a) Pursuant to RSA 541-A:33, II, hearings shall not be bound by the New Hampshire rules of evidence or the Federal Rules of Evidence. (b) All relevant and material evidence shall be admissible. Repeti…

Proceedings shall consist of submission of memoranda and trial-type evidentiary sessions at which: (a) All evidence shall be adduced in the presence of the hearing officer. (b) All witnesses giving testimony shall first be administered an oath or affirmation by the hearing office…

Ex parte communications during the pendency of the proceeding shall be prohibited. Notes N.H. Admin. Code § Ed 209.07 #8334-A, eff 4-23-05 (from Ed 210.09 )

(a) Unless otherwise provided by law, the hearing officer shall prepare a written proposed decision within 45 days of the conclusion of the hearing containing, at a minimum, the following information:(1) The name of the case; (2) The date of the hearing officer's decision; (3) Th…

(a) Upon agreement by all parties to an offer of settlement, the hearing officer shall cause a formal document to be drawn which shall specify the terms and conditions of the settlement. (b) The agreement shall not become final and binding until the document is signed by all part…

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the hearing officer. (b) The parties shall be provided a minimum of 15 days after the receipt of the proposed decision to submit written exceptions to rulings of the hearing officer,…

Upon the close of the evidentiary hearing and time period to respond to the proposed decision with written exceptions, the hearing officer shall provide to the full board the record of the hearing, including the hearing officer's proposed decision required under Ed 212.01(a) and …

(a) Petitions requesting oral argument before the board shall be submitted with the written exceptions to the hearing officer's proposed decision. (b) Once granted, the party shall have the right to a 10-minute oral argument on the record before the board and shall be notified in…

All interested parties shall be notified of the board's final decision in writing and shall be provided with a copy of the decision by certified mail within 10 days after the date such decision is made. Notes N.H. Admin. Code § Ed 212.03 #8334-A, eff 4-23-05 (from Ed 213.03 )

(a) All appeals of final action by the state board shall be taken in accordance with RSA 541. (b) A decision of the board shall be considered final:(1) Thirty days after the decision, if there is no request for rehearing in accordance with Ed 213.02; or (2) At the conclusion of a…

(a) Within 30 days of a decision of the board, any party pursuant to RSA 541:3 may make a motion for rehearing. (b) A motion for rehearing shall: (1) Include any memorandum of law the petitioner wishes to submit; (2) Identify each error of fact, error of reasoning, or conclusion …

The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by a quorum of the board relative to the adoption, amendment or repeal of a board rule under R…

(a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited under RSA 541-A:11. They shall not apply to contested cases as defined by RSA 541-A:1, IV. (b) If any requirement set by these rules conflicts…

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date. (b) Notice of rulemaking public comment hearings shall comply with RSA 541-A:6. …

(a) Public comment hearings shall be open to the print and electronic media. (b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways: (1) Limit the placement of television cameras to certain locations in the hearing room; and …

(a) The hearing shall be presided over by the moderator who shall be the board chair or a designee. (b) The moderator shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Place limits on the media to avoid disruption as set out in Ed 214.04(b…

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall list both name and address on a speakers' list. All those whose names appear on the speakers' list, as provided, may speak at the hearing. (b) The board, through the moderator, sh…

(a) Any interested person may petition the board, for the adoption, amendment or repeal of any board rule under RSA 541-A:4. (b) Within 30 days of the receipt of the completed petition required by Ed 215.03, the board shall either: (1) Initiate rulemaking procedures in compliance…

(a) Any interested person may petition the board using the form specified in Ed 215.03, requesting a declaratory ruling on the applicability of any statute concerning the board or rule adopted by the board. (b) Within 45 days of the receipt of the completed petition required by E…

(a) The board shall consider any petition which meets the following minimum requirements: (1) Each petition shall be in legible written form and addressed to the board as follows: Chair, State Board of Education c/o Office of legislation and hearings 101 Pleasant Street Concord, …

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including: (a) The name and address of the individual making the request; or (b) If the request is that of an organizatio…

The board shall, within 90 days of receiving a request in accordance with Ed 216.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and …

(a) The superintendent shall: (1) Serve as the executive officer of the local school district or districts within the school administrative unit (SAU); (2) Be responsible for the overall administrative and leadership services of the SAU; and (3) Perform the duties specified in th…

The superintendent shall in addition to those duties outlined in Ed 302.01: (a) Nominate all certified staff and appoint other employees in accordance with state law, the rules of the state board and school board policies; (b) Direct and supervise the work of all employees of the…

Each school board shall: (a) Adopt policies necessary and desirable to control and effectuate the recruitment, employment, evaluation and dismissal of teachers and other employees and may delegate authority to the superintendent of schools to carry out the provisions of such poli…

(a) The school principal shall promote the success of all students consistent with a vision for learning that is shared and supported by the community, school board, and superintendent of schools by: (1) Facilitating the development, articulation, implementation, and stewardship …

(a) Public schools and public academies shall meet the applicable criteria established in these rules to be an approved school. (b) As determined by vote of the local school board, public schools composed of grades K through 9 may be organized consistent with RSA 189:25 as follow…

Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter: (a) "Academic standards" means "academic standards" as defined in RSA 193-E:2-a, VI(b); (b) "Achievement of competencies" means a student has demons…

For a school to be an approved school under these rules, the school board shall comply with all applicable state laws and rules. Notes N.H. Admin. Code § Ed 306.03 Amended by Volume XXXIV Number 16, Filed April 17, 2014, Proposed by #10556, Effective 3/27/2014, Expires3/27/2024. …

(a) The individual(s) responsible for superintendent services or their designee shall keep students, parents, and all school and district personnel informed about school policy. Such information shall be readily available, including on the school website. (b) The local school boa…

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. Provisions shall be made for the review of the philosophy, goals, and objectives at least every 5 ye…