New Hampshire Administrative Code

(a) A charter shall be revoked for any of the reasons listed in RSA 194-B:16, II, or if the board of trustees fails to cooperate in the development of a remedial plan under RSA 194-B:16, III. If the commissioner makes a recommendation to revoke a charter, it shall give the truste…

The school shall develop policies in accordance with the following: (a) Records retention in accordance with RSA 189:29-a; (b) Promoting school safety including: (1) Reporting of suspected abuse or neglect pursuant to RSA 169-C:29; (2) Sexual harassment, as detailed in Ed 303.01(…

(a) In addition to the requirement of RSA 194-B:10, each charter school annual report shall include at a minimum the following elements: (1) A statement explaining how the school is meeting the goals of its mission statement; (2) Any changes in the membership of the board of trus…

The commissioner shall review the collected data from each authorized charter school in accordance with the requirements of RSA 194-B and Ed 318.16, for the purpose of providing, to the state board, an ongoing status report of each charter school. The data specifically required s…

(a) A charter school approved under the local school board process shall accept applications for students only after the date when the charter school contract was ratified by the school district legislative body under RSA 194-B:3, III(e). (b) A charter school approved under the s…

(a) If any of the persons or entities listed under RSA 194-B:15 and RSA 194-B:16, I, believes a charter school has violated any of the anti-discrimination provisions of the school's own charter, the matter shall, for a charter school approved under the: (1) Local school board pro…

(a) The purpose of these rules shall be to ensure uniform application of RSA 194-D in the establishment and administration of open enrollment schools. (b) The open enrollment provisions of these rules shall apply to open enrollment public schools as defined in RSA 194-D:1 and est…

"Open enrollment public school" or "open enrollment school" means "open enrollment public school" or "open enrollment school" as defined in RSA 194-D:1. Notes N.H. Admin. Code § Ed 319.02 Adopted by Volume XXXV Number 27, Filed July 9, 2015, Proposed by #10873, Effective 7/1/2015…

The school board or moderator of a school district whose members have voted to designate one or more of its schools as an open enrollment school under RSA 194-D shall notify the state board in writing of the following no later than 60 days prior to the start of each school year: …

The school shall comply with all deadline requirements established in these rules. Notes N.H. Admin. Code § Ed 319.04 Adopted by Volume XXXV Number 27, Filed July 9, 2015, Proposed by #10873, Effective 7/1/2015, Expires7/1/2025.

In order for a public school, public academy, chartered public school, or nonpublic school to operate a facility to be used for K-12 educational purposes, it shall request approval to operate prior to student occupancy to ensure a clean, healthy, and safe facility. Notes N.H. Adm…

(a) To request initial approval to operate a school facility for K-12 educational purposes, the following information shall be submitted in a clearly legible packet to the department no later than 60 days prior to student occupancy: (1) The school contact's information and locati…

(a) To request a renewal to operate an approved school facility, the following information shall be submitted to the department in a clearly legible packet no later than September 1 prior to the expiration date of the facility's approval to operate: (1) The items included in Ed 3…

The purpose of Ed 321 is to: (a) Provide requirements and standards for the construction of any public school facility, including public academy facilities and chartered public school facilities, to be used for the purpose of providing education to pupils in grades k-12; and (b) …

Except where the context makes another meaning clear, the following words shall have the meaning indicated when used in Ed 321: (a) "Architectural and engineering fees" means the expenses associated with the development and implementation of the project that the architect or engi…

(a) The requirements in this section apply to all public school construction projects, regardless of whether the project is constructed using state building aid. (b) A school facility shall have safe access and sufficient parking, drainage, and security. (c) The school facility s…

(a) Only school districts shall be eligible to apply for and receive building aid. (b) To be eligible for building aid, project applications shall be limited to the following: (1) The construction of a new school building; (2) Additions to existing buildings; (3) Land and site de…

Eligibility for school building aid for substantial renovations as authorized by RSA 198:15-b, II(c) shall be determined as follows: (a) The substantial renovation project shall bring the space up to new condition or prepare the space for a new or different use; (b) The substanti…

(a) Projects intended to improve air quality or energy efficiency shall be eligible to receive school building aid in accordance with RSA 198:15-b, II(e) and shall not be subject to the requirements of Ed 321.05 or Ed 321.29(a). (b) Air quality or energy efficiency projects may b…

(a) In accordance with RSA 198:15-b, III(c), school building aid for land acquisition shall be limited to the cost of: (1) Twenty acres of usable land plus one acre for every 100 students or fraction thereof for elementary school buildings; (2) Twenty-five acres of usable land pl…

(a) Design capacity shall be the projected enrollment determined by (b) below, divided by: (1) 0.95 for elementary school buildings; (2) 0.90 for middle school buildings; and (3) 0.85 for high school buildings. (b) The projected enrollment shall be the maximum published value in …

(a) The maximum size of a school building that is eligible for building aid shall be the sum of the baseline square footage determined by (b) below, plus the special education square footage determined by (d) below, plus the concentration of poverty add-on in (g) below, plus the …

(a) School building aid projects for the construction of a new school building shall implement, at a minimum, the following best practices: (1) The project shall have the following site planning and traffic flow measures in place, including but not limited to: a. In consultation …

(a) Educational specifications shall be established by the school district with input from the community, educators, the facility manager, school board members, and school administration. (b) Educational specifications shall include the following: (1) The goals and objectives of …

(a) The needs assessment shall assess the current condition of the facility including but not limited to, the following: (1) Building envelope and interior spaces; (2) Life safety code; (3) Building code; (4) Mechanical, electrical, plumbing, and structural systems; (5) Accessibi…

(a) Prior to submittal of a building aid application, a feasibility study shall be created to evaluate, at minimum, the following:(1) Renovation only; (2) Renovation with new construction; (3) New construction only; and (4) Not constructing at all. (b) The feasibility study shall…

(a) To be considered for building aid, complete applications shall be filed with the department no later than April 1. (b) The application submitted shall include the information identified in Ed 321.15. (c) Hard copies of the application and attachments shall be submitted upon r…

The following information shall be included when submitting a building aid application: (a) General project information including: (1) Project location; (2) Contact person; (3) Estimated cost of the project; (4) Grade span; and (5) Brief description of the project; (b) Identifica…

(a) The department shall begin the evaluation of projects once all school building aid applications have been submitted and received. (b) The department shall conduct a site visit to the project location to verify the information submitted in the application, subject to the avail…

(a) The department shall issue an intent to fund (ITF) letter for the top-ranked projects until all building aid funds available are allocated, or until no projects remain on the list. (b) The ITF letter shall include the following: (1) Name and address of the school building; (2…

(a) The department shall issue a grant award notification (GAN) to a school district upon submittal of: (1) A copy of the signed ITF letter submitted in accordance with Ed 321.17(c); (2) Proof of voter approval from the legislative body of the public school district approving the…

(a) The maximum building aid award amount shall be the maximum amount of building aid the school district is eligible for based on the application submitted to the department. (b) The maximum building aid award amount shall be the estimated project costs multiplied by the buildin…

(a) The following site costs shall be eligible for building aid: (1) Land acquisition costs, including land purchased in years prior, provided it was purchased for the purposes of constructing a school building; (2) Legal or administrative costs associated with the acquisition; a…

(a) The following construction costs shall be eligible for building aid:(1) For a new building or addition to an existing building, costs of labor and materials to erect the building and foundation, except for the cost of site development beyond 4 feet from the foundation; (2) In…

(a) School building aid grants shall be subject to the maximum allowable construction cost under RSA 198:15-b, III(a) pursuant to this section. (b) The department shall use construction cost and inflation indices developed by the R.S. Means Company of Kingston, Massachusetts, as …

(a) The following administrative costs and contingency shall be eligible for building aid: (1) Moveable equipment costs; (2) Advertising and legal costs; and (3) Project contingency. (b) For the purposes of calculating the maximum building aid award, eligible administrative costs…

(a) The following fees and services costs shall be eligible for building aid: (1) Architectural and engineering fees; (2) Permitting and approval fees, except for local fees in accordance with Ed 321.31(d); (3) Site selection fees, including but not limited to traffic analyses, e…

For projects that are funded after July 1, 2025, the following shall apply: (a) School building aid shall be provided by the department from funds appropriated by the legislature to eligible school districts in accordance with RSA 198:15-a and Ed 321; (b) School building aid shal…

(a) Upon completion of the project, the school district shall submit a notice of completion and request for final payment to the department with the information described in Ed 321.27. (b) School districts shall have 5 years from the initial payment to complete the project and su…

The following information shall be provided in the notice of completion and request for final payment: (a) General project information, including the name of the project and contact person; (b) The contracted date for project completion; (c) The actual cost of the project with su…

Beginning July 1, 2025, payments on projects that were approved before July 1, 2013, shall adhere to the following: (a) School building aid payments shall be made semi-annually, in October and April of each fiscal year; (b) Semi-annual payments shall be in approximately equal amo…

(a) Pursuant to RSA 198:15-c, III, a school district that accepts school building aid for construction shall engage the services of an owner's project manager (OPM) for construction or reconstruction projects of $1,000,000 or more. (b) The OPM shall provide the following services…

(a) Building systems shall be operated and maintained in compliance with the manufacturers' instructions. (b) School buildings shall be maintained to provide code compliant outside air ventilation and exhaust systems to aid in the maintenance of healthy indoor air quality. (c) Sc…

(a) The following shall be ineligible for school building aid: (1) Swimming pools or natatoriums; (2) Field houses; (3) Indoor tennis courts; (4) Indoor tracks, except suspended tracks that do not increase the overall size of the building; (5) Ice rinks; (6) Resurfacing of tracks…

(a) By November 30 of each year, the department shall publish: (1) The school building aid rates as calculated according to RSA 198:15-b and RSA 198:15-v; (2) The maximum allowable construction cost under RSA 198:15-b, III(a) pursuant to Ed 321.22; and (3) The ranked list of scho…

(a) The commissioner of the department or the commissioner's designee may grant waivers for the standards required in Ed 321.09, Ed 321.10, Ed 321.17(n), and Ed 321.26(b). (b) All waiver requests shall be submitted in writing and signed by the superintendent. (c) All waiver reque…

(a) Project applicants on the November 10, 2022, rank order list approved by the state board that were not selected for funding in fiscal year 2024 or fiscal year 2025 but wish to be considered for future building aid funds shall submit the following documentation to the departme…