DEPARTMENT OF EDUCATION

RSA tit. I, ch. 21-N

in effect

RSA 21-N:1 Findings; Policy Statement.

21-N:1. Findings; Policy Statement. I. The general court finds that the students, parents, general citizenry, local school teachers and administrators, local governments, local school boards, school administrative units, and state government have a joint and shared responsibility for the quality of education delivered through the public education system in the state of New Hampshire. II. In order to provide general guidance to the state department of education established by this chapter, the general court declares the following to be the policy of the state of New Hampshire: (a) The department shall have the dual role of providing regulatory direction and instructional assistance to public elementary and secondary schools. (b) The department shall be mindful of the need to balance these dual roles so that they are given equal consideration in planning department activities and expenditures and so that the consequences and implications of regulatory decisions are fully considered in light of the need to provide services to assist the local schools in complying with such regulatory direction. (c) The paramount goal of the state shall be to provide an adequate education for all school-age children in the state, consistent with RSA 193-E. (d) The department shall continually strive to develop creative and innovative methods to assist local schools to achieve the highest possible degree of effective educational programming and teaching techniques. (e) In accordance with RSA 193-E, the department shall work to establish credible processes for measuring and rating schools. Source. 1986, 41:1. 1996, 271:1. 1998, 389:5, 6. 2005, 257:15. 2007, 270:3, eff. June 29, 2007.

RSA 21-N:2 Establishment; General Functions.

21-N:2. Establishment; General Functions. I. There is hereby established the department of education, an agency of the state under the executive direction of a commissioner of education. II. The department of education, through its officials, shall be responsible for the following general functions: (a) Providing general supervision for elementary and secondary schools, teachers and administrators. (b) Providing a variety of educational services to schools and particular groups. (c) Providing vocational rehabilitation and social security disability determination services for persons with disabilities. Source. 1986, 41:1. 1990, 140:2, IV. 1994, 379:1, eff. June 9, 1994.

RSA 21-N:3 Commissioner; Deputy Commissioner; Directors; Compensation.

21-N:3. Commissioner; Deputy Commissioner; Directors; Compensation. I. The governor, after consultation with the board of education, shall appoint the commissioner and the deputy commissioner of the department of education with the consent of council. Each shall serve for a term of 4 years. The commissioner and the deputy commissioner may succeed himself or herself, if reappointed. The commissioner and deputy commissioner shall be qualified to hold their positions by reason of education and experience. II. The commissioner, after consultation with the board of education, shall nominate each division director for appointment by the governor and council. The division directors shall serve for a term of 4 years. They may succeed themselves, if reappointed. The directors shall be qualified to hold their respective positions by reason of education and experience. III. The deputy commissioner and the directors shall serve staggered terms. IV. The salaries of the commissioner, the deputy commissioner and each division director shall be as specified in RSA 94:1-a. Source. 1986, 41:1. 1994, 379:1. 2004, 257:41, eff. July 1, 2004.

RSA 21-N:4 Duties of Commissioner.

21-N:4. Duties of Commissioner. In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of education, the duties of the office of the commissioner shall include but not be limited to: I. Establishing the organizational goals of the department and representing the public interest in the administration of the functions of the department of education and being responsible to the governor, the general court, and the public for such administration. II. Having the authority, subject to the approval of the governor and council, to accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the policy objectives of the department of education as set forth in RSA 21-N:1 and except as prohibited by any other provision of law. III. Providing for a fair hearings unit within the commissioner's office which shall, when not inconsistent with federal law, conduct all hearings required under the provisions of RSA 186-C or any state or federal law or regulation. Such hearings shall be conducted as adjudicative proceedings as provided in RSA 541-A. The hearing officer, when appropriate and when not inconsistent with state or federal law, shall present proposed findings and recommendations to the commissioner who shall, upon review of the record, issue a final decision in the matter. IV. Representing the department on boards, commissions, committees, and professional associations, or appointing a designee. V. Establishing procedures to provide school administrative units with professional staff services, including direct services to school administrative units in improving the effectiveness and efficiency of administrative and instructional services. Such services shall include, but not be limited to, assistance in addressing problems, resolving disputes, and planning for internal reorganization; development of clearer role definitions for superintendents, assistant and associate superintendents, and school boards; and provision of resources and programs for board training and community education regarding school administrative unit functions and board and staff roles and responsibilities. VI. Planning and applying for federal and other grants on a department-wide basis. VII. [Repealed.] VIII. With the advice of the state board of education, and in consultation with the deputy commissioner, the directors of the affected divisions, and the legislative oversight committee pursuant to RSA 193-C:8, transferring or assigning functions, programs, or services within or between any division. When transfers or assignments are enacted within the department that may require legislative action, the commissioner shall work with the legislative oversight committee to propose legislation supporting such transfers or assignments. IX. Overseeing and providing, in conjunction with the deputy commissioner, the functions enumerated in RSA 21-N:5, I; RSA 21-N:6; RSA 21-N:7; and RSA 21-N:8. X. Providing a clearing house for school bus driver and transportation monitor background checks to towns, cities, or other organizations paying for school bus transportation. XI. (a) Reviewing, at least every 2 years, and updating as necessary, the consolidated state plan to ensure that sufficient funds are used to encourage and establish unified co-curricular activities in schools that currently have no unified program. For each biennium, the department may expend up to $50,000 for distribution to school districts for the primary purpose of funding first-year operational expenses of equipment and/or uniforms only for unified co-curricular activities. The amount of any grant shall be no more than $4,000 per program. Any funds remaining shall be distributed to school districts with existing unified co-curricular programs to fund grants to replace existing equipment and/or uniforms for existing unified co-curricular programs. (b) The department shall include in its efficiency expenditure request under RSA 9:4 sufficient funds for the continued operation of its duties under this paragraph. (c) Beginning in fiscal year 2027 and every 5 years thereafter, the department shall conduct an efficiency review of the programs and expenditures under this paragraph and shall make recommendations to the legislature as needed. (d) The commissioner may adopt rules under RSA 541-A for the administration and oversight of unified co-curricular activities in schools. XII. At the beginning of each session of the biennium, at the request of the committee chair, providing a physical copy of, a copy on a portable data storage device of, or a searchable Internet database to the New Hampshire education laws annotated and education department rules to the house and senate standing education committees that oversee education policy, and to make such copy available to all superintendents of New Hampshire schools in any format as practicable. XIII. The commissioner or the commissioner's designee is authorized to seek subpoenas for persons, and for books, papers, documents and other items for the purpose of carrying out investigations pursuant to the code of conduct for New Hampshire educators, as established by RSA 21-N:9, II(cc)(1). (a) In seeking a subpoena, the department shall present the reasons for seeking such subpoena to a hearings officer, who shall issue the subpoena if the hearings officer finds that: (1) The subpoena is sought in good faith for the purpose of investigating a violation or possible violation of the educator code of conduct by a certified educator; and (2) The information sought by the subpoena appears reasonably likely to be material and relevant to the investigation. (b) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service. Subpoenas for books, papers, documents and other items shall not require compliance in fewer than 15 days after receipt of service. (c) When a subpoena is authorized by a hearing officer: (1) Service shall be made on licensees and certified individuals by certified mail to the address on file with the department or by hand and shall not entitle such persons to witness or mileage fees; and (2) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on such persons shall be annotated "Fees Guaranteed by the New Hampshire Department of Education Bureau of Credentialing." (d) The person to whom the subpoena is directed may file a motion to quash or modify the subpoena with the hearings officer within 10 days after service of the subpoena. Upon consideration of such motion and any response submitted by the department within such time as the hearings officer directs, the hearing officer shall promptly rule upon the same with or without a hearing as the hearings officer determines appropriate. If, as a result of said ruling, any part or all of the subpoena is enforced, the hearings officer shall determine the time within which compliance with the subpoena must occur. (e) Any evidence collected pursuant to a subpoena shall be made available to both parties in any adjudicatory proceeding in which it is material and relevant. (f) In any adjudicatory proceeding resulting from an alleged code of conduct violation, a hearings officer may issue subpoenas for the attendance of witnesses and for the production of books, papers, documents and other items on behalf of the department or on behalf of the certified educator alleged to have committed the violation. Any costs incurred in issuing a subpoena shall be the responsibility of the party requesting the subpoena, unless otherwise determined by the hearings officer. Source. 1986, 41:1. 1989, 49:1, 2. 1994, 379:1. 1998, 389:7, eff. Oct. 1, 1998. 2013, 278:1, eff. July 24, 2013. 2016, 272:2, eff. July 1, 2017. 2017, 190:3, eff. June 30, 2017. 2018, 315:1, eff. Aug. 24, 2018. 2020, 38:34, eff. Jan. 1, 2021. 2022, 334:1, eff. Sept. 1, 2022. 2023, 197:1, eff. Oct. 3, 2023. 2025, 194:1, eff. Jan. 1, 2026. 2026, 243:2 eff. Aug. 31, 2026.

RSA 21-N:5 Duties of Deputy Commissioner.

21-N:5. Duties of Deputy Commissioner. The duties of the deputy commissioner shall include, but not be limited to the following, in accordance with applicable laws: I. Provide for the following functions: (a) Implementing the organizational goals, managing the work of the department, and directing the division directors in carrying out state and federal obligations. (b) Assuring that the division directors comply with the procedures established by the commissioner relative to support for local schools under RSA 21-N:4, V. (c) Personnel management. (d) Developing and maintaining a system of accounting records and budget control procedures which meet all state and applicable federal accounting, purchasing, and reporting requirements. (e) Property and contracts. (f) Requiring and approving the development of short- and long-range division level plans and their implementation. (g) Administering finance and operations. (h) Fiscal management of all federal and other grants. (i) Assuring compliance with all federal and state equal opportunity and access requirements, including, but not limited to, those federal requirements concerning awareness and elimination of discrimination on the basis of sex, race, language, national origin, or disability, and state requirements in accordance with RSA 354-A. (j) Administering department responsibilities for information services, including shared supervision of department of information technology staff embedded within the department of education and services provided by the department of information technology. II. Exercise, subject to the supervision of the commissioner, superior authority over the directors of the divisions of the department relative to areas of responsibility specified in this section. Source. 1986, 41:1. 1987, 345:2. 1988, 214:2. 1989, 49:3. 1994, 379:1, eff. June 9, 1994. 2018, 315:1, eff. Aug. 24, 2018. 2025, 141:402, eff. July 1, 2025.

RSA 21-N:6 Division of Learner Support.

21-N:6. Division of Learner Support. There is hereby established within the department the division of learner support, under the supervision of an unclassified director of learner support whose responsibilities shall include, but not be limited to, the following functions, in accordance with applicable laws: I. Providing technical and consulting services in both academic and support areas to public elementary and secondary schools. II. Administering the provisions of RSA 186-C relative to special education, including rate setting under RSA 186-C:7-c, III. Such rate setting shall be accomplished in consultation with the department of health and human services and the department of administrative services. III. Administering federal and state programs designed to assist the education of students and teachers. IV. Administering department responsibilities for nutrition programs and services. V. Administering standards for approving elementary and secondary schools in accordance with rules adopted by the board under RSA 21-N:9, I. VI. [Repealed.] VII. Administering career technology and adult learning programs. VIII. Administering the provisions of RSA 186:61 and RSA 186:62, relative to adult basic education, except functions assigned exclusively to the deputy commissioner, as provided by RSA 21-N:5. IX. Reviewing, on an ongoing basis, the development and administration of academic standards. X. Administering the provisions of RSA 193-C relative to the statewide educational improvement and assessment program. Source. 1986, 41:1. 1987, 345:3. 1989, 49:4; 127:1. 1990, 140:2, X. 1994, 379:1. 2011, 224:7, eff. July 1, 2011. 2018, 315:1, eff. Aug. 24, 2018.

RSA 21-N:6-a School Nurse Coordinator.

21-N:6-a. School Nurse Coordinator. There is established within the division of learner support the position of school nurse coordinator who shall be a classified employee. The school nurse coordinator shall be a licensed RN eligible for New Hampshire school nurse certification under RSA 200:29 and shall be qualified to hold such position by reason of education and experience. The position shall be subject to any other employment requirements as determined by the department. The school nurse coordinator shall coordinate and provide technical assistance to guide school nurses and other school personnel responsible for student health care in the areas of student health and wellness, safety, behavioral and mental health, and alcohol and substance use disorder. The school nurse coordinator shall also be a resource for administrators, educators, families, and policymakers across the state. Source. 2019, 346:323, eff. July 1, 2019.

RSA 21-N:7 Division of Education Analytics and Resources.

21-N:7. Division of Education Analytics and Resources. There is hereby established within the department the division of education analytics and resources, under the supervision of an unclassified director of education analytics and resources whose responsibilities shall include, but not be limited to, the following functions, in accordance with applicable laws: I. Providing school facility and safety services and administering the school building aid program under RSA 198 and any state funded grant program to school districts relative to school buildings, infrastructure, and safety. II. Collecting, compiling, analyzing, and reporting on education data. III. Promoting the application of educational research. IV. Administering the provisions of RSA 193-E related to adequate public education. V. Administering a chartered public school program office which shall: (a) Answer inquiries regarding charter public schools. (b) Act as a liaison between chartered public schools and the department of education. (c) Ensure that a chartered public school is implementing its charter mission. (d) Provide training for interested parties on the governance of chartered public schools and the development of chartered public school policy. (e) Assist chartered public schools in identifying and securing alternative funding sources. (f) Receive and evaluate progress reports from chartered public schools, identify best practices for instruction and management in chartered public schools, and develop a process to share such best practices with other public schools. (g) Act as the liaison between chartered public schools and the United States Department of Education. (h) Act as the liaison between chartered public school advocacy groups and interested parties. (i) Act as the liaison between chartered public schools and other public schools in the chartered public school's geographic region. (j) Work closely with the resident school districts and chartered public schools to assure appropriate support for students with disabilities. (k) Include in the department's efficiency expenditure request pursuant to RSA 9:4 for the biennium ending June 30, 2019, and every biennium thereafter, the chartered public school program officer position, which shall be a classified position. VI. Overseeing audit and financial monitoring functions which shall: (a) Provide analytical reports of examinations conducted of the department's various divisions, bureaus, sections, programs, and functions. Examinations shall be conducted and reports prepared in accordance with standards of governmental auditing and program evaluation specified by authoritative national standard setting bodies. Reports shall contain analyses, appraisals, comments, and recommendations relating to the accuracy and competence of accounting, financial, and management procedures in use. (b) Insure compliance with federal grant requirements and review grantee and subgrantee compliance with all department grant requirements. (c) Not assume any managerial, supervisory, or operational function, or direct action initiated as a result of the unit's recommendations. VII. Oversee the administration of the education trust fund under RSA 198:38 through RSA 198:42. Source. 1986, 41:1. 1987, 168:4. 1988, 179:3. 1989, 49:6. 1990, 140:2, XI. 1994, 379:1, eff. June 9, 1994. 2018, 315:1, eff. Aug. 24, 2018.

RSA 21-N:7-a Education Freedom Accounts; Administrator.

21-N:7-a. Education Freedom Accounts; Administrator. There is established a position within the division of education analytics and resources who shall be a classified employee at no less than the level of administrator II. The education freedom account position shall be qualified to hold such position by reason of education and experience. The position shall be subject to any other employment requirements as determined by the department. The education freedom account position shall coordinate and provide technical assistance to guide students, parents, and the scholarship organizations responsible for dispensing the education freedom accounts (EFAs) under RSA 194-F. The education freedom account position shall: I. Coordinate and provide technical assistance to students, parents, and the scholarship organizations that are responsible for administering the education freedom accounts (EFAs) under RSA 194-F. II. Contract with scholarship organizations, subject to the approval of the governor and executive council. III. Implement policies and procedures at the department related to the education freedom account program. IV. Serve as a resource for administrators, educators, families, scholarship organizations, and policymakers across the state. Source. 2022, 309:1, eff. July 1, 2022.

RSA 21-N:8 Division of Workforce Innovation.

21-N:8. Division of Workforce Innovation. There is hereby established within the department the division of workforce innovation, under the supervision of an unclassified director of workforce innovation whose responsibilities shall include, but not be limited to, the following functions, in accordance with applicable laws: I. Overseeing the administration of the provisions of RSA 200-C. II. Overseeing the administration of federal social security disability determinations as authorized by the Social Security Administration. III. Overseeing the administration of the provisions of RSA 186-B relative to services to the blind. IV. Establishing regional vocational rehabilitation offices necessary for the administration of this section. V. Providing technical and consulting services to assist secondary vocational education efforts. Source. 1986, 41:1. 1992, 60:1. 1994, 379:1, eff. June 9, 1994. 2018, 315:1, eff. Aug. 24, 2018.

RSA 21-N:8-a Division of Educator Support and Higher Education.

21-N:8-a. Division of Educator Support and Higher Education. I. There is hereby established within the department the division of educator support and higher education, under the supervision of an unclassified director of higher education whose responsibilities shall include, but not be limited to, providing the following functions in accordance with applicable law: (a) Support to the higher education commission established in paragraph II. (b) Development and administration of standards governing the professional development of educators from pre-service preparation through ongoing professional development. (c) Administration of standards for certifying and recertifying educational personnel, including monitoring local staff development efforts. (d) Provide materials and information concerning certificate holders to boards providing licenses relative to Medicaid to schools. I-a. There is hereby established within the division of educator support and higher education the position of background check coordinator who shall be a classified employee. The background check coordinator shall be qualified to hold such position by reason of education and experience. The position shall be subject to any other employment requirements as determined by the department. II. (a) There is hereby established a higher education commission which shall consist of the following members: (1) The president of the university of New Hampshire, the president of Keene state college and the president of Plymouth state university. (2) Two presidents from institutions within the community college system of New Hampshire, to be chosen by the board of trustees of the community college system. (3) The chancellor of the university system of New Hampshire, or designee. (4) The chancellor of the community college system of New Hampshire, or designee. (5) The commissioner of the department of education, or designee. (6) Six representatives of the private 4-year colleges in New Hampshire appointed by the governor and council on recommendation by the New Hampshire College and University Council, with no more than one representative from any one college. (7) Four members to be appointed by the governor and council who shall be residents of the state and of the lay public, having no official connection with any college, university, or private postsecondary career school as an employee, trustee, or member on a board of directors. (8) Two members to be appointed by the governor and council, who shall be residents of the state and shall represent private postsecondary career schools. (b) The terms of appointed members, except as otherwise indicated above, shall be for 5 years and until a successor is appointed and qualified. Vacancies shall be filled for the unexpired term. (c) Commission appointments shall be made in such a way as to preserve broad and equitable representation on the basis of gender, ethnicity, and socioeconomic groups in the state. (d) The members of the commission shall serve without compensation, but may be reimbursed for actual travel and other expenses incurred in the performance of their duties on the commission from funds appropriated to the department of education specifically for this purpose. (e) The commission shall: (1) Regulate institutions of higher education pursuant to RSA 292:8-b through RSA 292:8-kk. The commission may accept accreditation by a recognized accrediting association in place of its own independent evaluation. (2) Regulate private postsecondary career schools pursuant to RSA 188-G. (3) Administer financial aid programs as provided in state and federal law for students attending higher education institutions, except as otherwise provided by law. (4) [Repealed.] (5) Establish and collect reasonable annual fees related to the performance of statutory duties. (6) Enter into cooperative interstate or international agreements to further operating efficiencies, student access, and educational opportunities. (7) Be the designee for the integrated postsecondary education data system as developed by the United States Department of Education. (8) Adopt rules, pursuant to RSA 541-A relative to: (A) Organization and operation of the higher education commission established in this section. (B) Approval and regulation of institutions of higher education pursuant to RSA 292:8-b through RSA 292:8-kk. (C) Approval and regulation of private postsecondary career schools pursuant to RSA 188-G. (D) Administration of financial aid programs for institutions of higher education, except as otherwise provided by law. (E) Establishment and collection of reasonable fees for functions performed by the division of higher education and the higher education commission as required in this section. (9) Assume other responsibilities as may be provided in state or federal law. III. There is hereby established in the office of the treasury the higher education fund to be administered by the higher education commission. The fund shall be nonlapsing and continually appropriated to the higher education commission for the purposes established in this chapter. All fees collected by the commission relative to the performance of its duties shall be deposited into the fund. Source. 2011, 224:126, eff. July 1, 2011. 2013, 164:1, eff. June 28, 2013. 2014, 132:1, eff. June 16, 2014. 2016, 43:1, eff. July 2, 2016. 2018, 315:1, eff. Aug. 24, 2018. 2019, 132:4, eff. Aug. 24, 2019. 2020, 6:27, eff. Mar. 9, 2020; 38:36, eff. Jan. 1, 2021. 2022, 35:1, eff. May 3, 2022. 2024, 44:1, eff. Aug. 13, 2024. 2025, 42:2, I, eff. July 28, 2025.

RSA 21-N:8-b Higher Education; Military Academic Credit.

21-N:8-b. Higher Education; Military Academic Credit. I. The division of educator support and higher education shall develop and adopt a written policy requiring each public institution of higher education to develop a set of written policies and procedures governing the evaluation of a student's military occupation, military training, coursework, and experience, to determine whether academic credit shall be awarded by the institution for the evaluated occupation, experience, training, and coursework. The division's policy may require that the occupation, training, experience, or courses meet the standards of the American Council on Education or equivalent standards for awarding academic credit. The division may also develop and adopt a written policy requiring each public institution of higher education to develop a set of written policies and procedures to standardize credit-by-exam equivalencies for exams funded through the Department of Defense. The educational credit shall be awarded based upon each institution's admissions standards and shall be consistent with the mission of the state's system of public higher education. Each public institution of higher education shall designate a single point of contact for a student who is enrolled in such an institution and who is also a veteran, as defined in RSA 21:50, I, to conduct such an evaluation and determination. II. The division shall consult with the chief executive officers of each public institution of higher education in implementing the policy set forth in paragraph I and the policy adopted by the division shall, to the greatest extent possible, provide for consistent application by all of the state's public institutions of higher education and promote accurate and complete academic counseling. Source. 2013, 53:1, eff. Aug. 3, 2013. 2018, 315:19, eff. Aug. 24, 2018.

RSA 21-N:8-c Commission Established; Department of Education; New Hampshire School Civics Program.

21-N:8-c. Commission Established; Department of Education; New Hampshire School Civics Program. The commission on New Hampshire civics is hereby established to develop educational materials to teach the state constitution in New Hampshire schools. I. Notwithstanding RSA 14:49 the members of the commission shall be as follows: (a) Three public members appointed by the governor, of which at least one shall be the parent of a student in a qualified New Hampshire education program. (b) The chair of NH Civics, or designee. (c) The chief justice of the New Hampshire supreme court, or designee. (d) The secretary of state, or designee. (e) The chief administrative judge of the New Hampshire superior court, or designee. (f) The chief administrative judge of the New Hampshire circuit court, or designee. (g) The commissioner of the department of education, or designee. (h) Two New Hampshire civics teachers appointed by the commissioner of education. (i) The executive director of the New Hampshire Historical Society, or designee. (j) Two members of the house of representatives, appointed by the speaker of the house of representatives. (k) One member of the senate, appointed by the president of the senate. (l) One member of the governor's office, appointed by the governor. II. The commission shall create a textbook and related curriculum specifically designed for New Hampshire students and teachers to help them explore the history, heritage and principles of the New Hampshire Constitution and the government it established. (a) A paper copy of the published textbook shall be available for each New Hampshire civics classroom and an interactive electronic version shall be made available on the department of education's website or in another form to all New Hampshire citizens at no charge. (b) The commission shall meet as often as the chair determines and shall publish the book on or before August 1, 2025. III. The members of the commission shall elect a chairperson among the members. The first meeting of the commission shall be called by the first-named governor appointee. The first meeting of the commission shall be held within 30 days of the effective date of this section. A majority of the members of the commission shall constitute a quorum. Source. 2023, 79:62, eff. July 1, 2023.

RSA 21-N:8-d Recruitment of Educators in New Hampshire.

21-N:8-d. Recruitment of Educators in New Hampshire. I. In this section: (a) "Academic residency" means participation in an approved educator preparation program field-based experience under the supervision of a cooperating teacher or mentor. (b) "Approved program" means an approved professional educator preparation program by the state board of education. (c) "Educator" means a teacher or certified paraprofessional. (d) "Eligible student" means a student who is enrolled in an approved program of preparation and eligible for financial assistance because the student's expected family contribution does not exceed 200 percent of the maximum federal Pell-eligible expected family contribution. (e) "Candidate" means an educator candidate who is participating in an academic residency and placed in a school or community-based setting. II. There is established an educator recruitment grant program administered by the department of education. Stipends or grants shall be awarded for the purpose of reducing the financial barriers to entering the educator workforce while eligible students gain clinical teaching experience either through a student teaching program or pre-educator preparation program. The program shall: (a) Provide grants to New Hampshire institutions of higher education that fund programs designed to increase participation in the educator workforce. (b) Provide grants to fund stipends for candidates during their clinical experience while engaging in education career pathway programs designed to culminate in licensure as an educator. (c) Stipends for a student teaching program shall be $500 per week for not more than 16 weeks. III. The higher education commission shall adopt any rules and guidelines to implement and administer the program. IV. In order to qualify to participate in the stipend program, a student must be an eligible student and placed as student teacher in a public school or community agency as a candidate working toward an initial teaching certificate. V. The department shall report annually to the chairs of the senate education committee and the house education committee, on: (a) The number of students served by the program. (b) The amounts of stipends received each year. (c) The reported number of hours each eligible student works a second job to earn income. VI. If the amount appropriated to the department for use in the educator recruitment grant program in a state fiscal year is insufficient to fully fund the stipends and grants for the total number of eligible students for that state fiscal year, the department shall reduce the amount distributed to each approved program of preparation by the same percentage that the deficit bears to the amount required to fully fund the total number of eligible students who qualify for the stipend program. Source. 2023, 79:65, eff. July 1, 2023.

RSA 21-N:8-e Rural and Underserved Area Educator Incentive Program.

21-N:8-e. Rural and Underserved Area Educator Incentive Program. I. In this section: (a) "Department" means the department of education. (b) "Division" means the division of educator support and higher education. (c) "Commission" means the New Hampshire higher education commission. (d) "Rural and underserved area educator" means a full-time, credentialed individual employed as an instructional employee in an eligible public school district or at an eligible chartered public school. (e) "Rural school district" means: (1) There are fewer than 20 enrolled students per square mile within the area encompassed by the school district's boundaries; or (2) The regional public health network in which a plurality of the school district's market value for assessment purposes is located is deemed rural as defined by the department of health and human services, division of public health. II. The department shall identify specific schools that are affected by critical educator shortages using the following criteria: (a) Rural isolation of the school; or (b) Economic disadvantage of the school based on eligibility for funds pursuant to title I, part A of the federal Elementary and Secondary Education Act, as amended. III. Rural and underserved area educators who are employed at schools identified in paragraph II shall be eligible for payment of retention grants as outlined in this section. IV. Grant payments may be provided on behalf of a rural and underserved area educator who: (a) Is employed in a school identified in paragraph II; and (b) Has a signed contract with such school. V. To qualify for grant payments under this section, a rural and underserved area educator shall submit an application to the commission. For grant payment applications, the application shall include any documentation required by the department for verification of the applicant's eligibility. VI. A rural and underserved area educator shall be eligible for grant payments for up to 4 years, provided that the educator remains employed at the same school or by the same school district. The department may remit payment of the grant on behalf of the rural and underserved area educator in accordance with the requirements of this section and rules adopted by the commission. VII. The total incentive award shall be: (a) In the amount of $1,500 upon completion of the first year; (b) In the amount of $2,500 upon completion of the second year; (c) In the amount of $3,500 upon completion of the third year; and (d) In the amount of $4,500 upon completion of the fourth year. VIII. The commission shall adopt rules pursuant to RSA 541-A to establish protocols for determining the number of incentive awards that will be made annually based on available appropriations for the program. IX. Incentive awards under this section shall be offered to the extent of available funding. Source. 2024, 326:3, eff. Oct. 1, 2024.

RSA 21-N:9 Rulemaking.

21-N:9. Rulemaking. I. The board of education shall adopt rules, pursuant to RSA 541-A, relative to minimum standards for: (a) High schools, as authorized by RSA 186:8. (b) Junior high schools, as authorized by RSA 186:8. (c) Elementary schools, as authorized by RSA 186:8 and 189:25. II. The board of education shall adopt rules, pursuant to RSA 541-A, relative to: (a) The organization of school administrative units. (b) The duties of school boards. (c) Standards for school building construction, including under the provisions of RSA 198:15-a through RSA 198:15-z. (d) School health policies. (e) Child benefit services grants. (f) Nonpublic school advisory councils. (g) Home study, as authorized by RSA 193:1, I(c). (h) Dual enrollment, as authorized by RSA 193:1-b. (i) High school equivalency programs, as authorized by RSA 186:61. (j) Adult basic education programs, as authorized by RSA 186:61 and 186:62. (k) Vocational rehabilitation services, as authorized by RSA 186:6 and 200-C. (l) Special education programs affecting all children with disabilities, as authorized by RSA 186-C:5, 186-C:16 and 186-C:18, V. (m) Standards for approval of regional career and technical education centers, as authorized by RSA 188-E:3. (n) Vocational technical education, as authorized by RSA 186:6. (o) Standards for approval of nonpublic schools, as authorized by RSA 186:11, XXIX. (p) Qualifications and duties of school superintendents and principals, as authorized by RSA 186:8. (q) Qualifications and duties of school administrative unit professional employees, as authorized by RSA 186:8. (r) Professional preparation standards and approval of professional preparation programs for educating teachers in post-secondary institutions, as authorized by RSA 186:11, X. (s) License standards for educational personnel, to include: [Paragraph II(s)(1) effective until July 1, 2027; see also paragraph II(s)(1) set out below.] (1) The establishment and implementation of a secure system for conducting criminal background checks pursuant to RSA 189:13-a for all first-time applicants listed in this section, [Paragraph II(s)(1) effective July 1, 2027; see also paragraph II(s)(1) set out above.] (1) The establishment and implementation of a secure system for conducting criminal background checks pursuant to RSA 189:13-a for all first-time applicants and renewing credential holders listed in this section, (2) The establishment and implementation of a secure system for conducting a check of all applicants listed in this section in the National Association of State Directors of Teacher Education and Certification (NASDTEC) database by utilizing the applicant's social security number, [Paragraph II(s)(3) effective until July 1, 2027; see also paragraph II(s)(3) set out below.] (3) The establishment and implementation of a secure system for accessing findings of abuse for individuals on the central registry pursuant to RSA 169-C:35, and other states' central registries upon approval of a memorandum of understanding by the governor and council, and [Paragraph II(s)(3) effective July 1, 2027; see also paragraph II(s)(3) set out above.] (3) The establishment and implementation of a secure system for accessing findings of abuse and neglect for individuals on the central registry pursuant to RSA 169-C:35, and other states' central registries upon approval of a memorandum of understanding by the governor and council, and (4) The establishment of educator certification fees for granting licenses to educational personnel, including teachers, paraprofessionals, administrators, educational specialists, instructional specialists, school bus drivers and transportation monitors, and master teachers as authorized by RSA 186:8 and RSA 186:11, X, provided that fees for granting of licenses to master teachers and the renewal of master teacher licenses shall be no more than beginning or experienced educator licenses, professional licenses including beginning educator licenses, experienced educator licenses, and intern authorizations, and other classifications of educators, administrators, specialists, and paraprofessionals necessary to address educational needs as determined by the state board upon the recommendation of the professional standards board pursuant to RSA 186:60. (5) A candidate for a career and technical (CTE) specialty area license under RSA 188-E may substitute the following in lieu of a nationally recognized test of academic proficiency or a comparable out-of-state test as determined by the state board of education: (A) Three years of professional paid full-time experience in the area for which the license is sought; and (B) A current industry-recognized credential approved by the department in a published list of acceptable credentials appropriate to the CTE area in which a license is sought. (t) Administering the provisions of RSA 193:27 through 193:30 regarding placement of children, as authorized by RSA 193:30. (u) Guidelines for uniform evaluation programs among local school districts. (v) Administering the literacy education and dropout prevention program established in RSA 189:52-58. (w) The exemption of certain students from participation in the statewide education assessment. (x) Safe school zones, as provided in RSA 193-D:2. (y) School bus safety, as provided in RSA 189:6-a. (z) Local master plan for staff development and recertification. (aa) Establishing requirements for teachers and teacher preparation programs to ensure that all teachers are prepared to teach to a broad range of students' needs, including, but not limited to, the needs of exceptional learners, using a variety of methods, materials, and instructional techniques. (bb) Establishing the educational credential of master teacher as provided in RSA 189:14-f. (cc)(1) The establishment and enforcement of a code of ethics and a code of conduct for licensed or certified educational personnel. These professional codes shall include a statement of purpose and standards defining each of the 4 primary principles which are: (A) Responsibility to the education profession and educational professionals. (B) Responsibility to students and parents as defined in RSA 193:1, III. (C) Responsibility to the school community. (D) Responsible and ethical use of technology as it relates to students, schools, and other educational professionals. (2) The professional code of ethics and the professional code of conduct shall apply to all teachers, specialists, and administrators who are licensed or certified by the department. III. [Repealed.] [Paragraph II(s)(1) effective until July 1, 2027; see also paragraph II(s)(1) set out below.] [Paragraph II(s)(1) effective July 1, 2027; see also paragraph II(s)(1) set out above.] [Paragraph II(s)(3) effective until July 1, 2027; see also paragraph II(s)(3) set out below.] [Paragraph II(s)(3) effective July 1, 2027; see also paragraph II(s)(3) set out above.] Source. 1986, 41:1. 1987, 168:3. 1988, 274:2. 1989, 49:5. 1990, 140:2, X. 1992, 48:5. 1993, 290:1. 1994, 355:1. 1996, 19:3; 271:2. 1998, 174:1, 2; 314:1. 1999, 82:1. 2008, 274:31. 2011, 224:127, eff. July 1, 2011. 2013, 164:7, I, eff. June 28, 2013. 2015, 252:11, eff. July 1, 2015. 2017, 22:1, eff. June 24, 2017. 2019, 258:1, eff. Sept. 17, 2019. 2020, 19:3, eff. Sept. 15, 2020; 38:35, eff. Jan. 1, 2021. 2021, 209:2, Pt. II, Sec. 1, eff. Jan. 1, 2022. 2022, 21:2, eff. June 17, 2022; 222:1, eff. Aug. 16, 2022. 2024, 226:1, eff. Sept. 17, 2024; 361:2, eff. Oct. 1, 2024. 2025, 145:1, eff. Aug. 30, 2025; 147:1, eff. Aug. 30, 2025. 2026, 76:3, 4, eff. July 1, 2027; 297:8, eff. July 1, 2026.

RSA 21-N:10 State Board of Education.

21-N:10. State Board of Education. I. There is hereby established the state board of education consisting of 7 members who shall serve without pay and shall not be technical educators or professionally engaged in school work. The members shall be paid for actual expenses incurred in the performance of their duties out of moneys appropriated for the department of education. II. The education committee of the house of representatives or the education committee of the senate may, by majority vote of its members, propose areas of study to the board, which shall be put on the agenda of the next meeting of the board for its consideration and response. III. The governor and council shall appoint the members of the board. Five of the members shall be selected one each from the 5 executive councilor districts and 2 members shall be selected from the public at large. Terms of office of members shall be for 4 years from the January 31 on which the terms of their predecessors expired. Annually, on or before January 31, the governor shall name a member of the board who shall serve as chairperson for one year and until a successor is appointed. No member of the board shall serve more than 3 consecutive full terms. IV. The governor and council may, after notice and hearing, remove a member of the board for incompetency, failure to discharge the member's duties, malfeasance, immorality, or other cause inimical to the welfare of the public schools, and in case of such removal, or of a vacancy arising from any other cause, they shall make another appointment for the unexpired term. V. The state shall provide an office for the board. The board shall hold at least 6 regular meetings each year, and such special meetings as may be required. The time and places for regular meetings shall be fixed by the board, and the chairperson shall call a special meeting upon the written request of any 2 members, or on the chairperson's own motion. Source. 1986, 41:1. 1989, 94:1; 301:5. 1996, 271:3. 1999, 45:1, eff. July 20, 1999.

RSA 21-N:10-a State Board of Education Public; Comment Period.

21-N:10-a. State Board of Education Public; Comment Period. The state board of education shall provide the opportunity for the public comment on educational matters at meetings of the state board. The public comment period shall be for no less than 30 minutes. The state board of education may request that persons register in advance of the meeting, but may not require pre-registration as a condition of participating in the public comment period. The state board of education may impose reasonable time limits for each speaker, provided such time limits are equal for all speakers. Nothing in this section shall restrict the state board of education from establishing other reasonable standards for the public comment period, provided such standards are imposed equally for all speakers. The state board of education may reasonably restrict public comments that disclose student personally-identifiable information, teacher personally-identifiable information, or other confidential or privileged information. Source. 2022, 333:2, eff. Sept. 6, 2022.

RSA 21-N:11 Duties of Board.

21-N:11. Duties of Board. The state board of education established by RSA 21-N:10 shall: I. Regularly review all programs and activities of the department of education and make recommendations to the commissioner of education with regard to such programs and activities. II. Advise the commissioner of education with regard to department goals, information gathering and any other aspect of elementary and secondary education within the state of New Hampshire. III. Hear appeals and issue decisions, which shall be considered final decisions of the department of education for purposes of RSA 541, of any dispute between individuals and school systems or the department of education, except those disputes governed by the provisions of RSA 21-N:4, III. IV. Appoint members of the professional standards board and other advisory bodies as provided by law. V. Adopt rules as provided in 21-N:9. Source. 1986, 41:1, eff. July 1, 1986.

RSA 21-N:13 Computer Science and STEM; Administrator.

21-N:13. Computer Science and STEM; Administrator. There is established a position within the department of education who shall be a classified employee at no less than the level of administrator II. The computer science and STEM position shall be qualified to hold such position by reason of education and experience. The position shall be subject to any other employment requirements as determined by the department. The computer science and STEM position shall coordinate and provide assistance to oversee the computer science educator program established in RSA 200-O. The computer science and STEM position shall: I. Coordinate and provide technical assistance to all public schools in the state that participate in the computer science educator program. II. Assist educators in the state that pursue eligible industry recognized credentials and utilize the computer science professional development fund. III. Assist with administering the computer science professional development fund and computer science educator incentive fund. IV. Coordinate and provide technical assistance with those school and educators that partake in the experiential robotics platform. V. Serve as a resource for administrators and educators regarding computer science and STEM. Source. 2023, 79:79, eff. July 1, 2023.

RSA 21-N:14 Required Annual Reports.

21-N:14. Required Annual Reports. I. The department of education shall annually send all school monitoring and financial reports to every relevant elected school board official, school superintendent, and school business administrator. Electronic communication shall be acceptable. The department shall provide annual notifications to school board officials, superintendents, and business administrators of what reports the department expects to send each year. II. For the purpose of this section, "monitoring report" means any formal report authored by the department of education that identifies a compliance concern or deviation from industry standards and recommends the local education agency take corrective action. Source. 2026, 173:1, eff. Aug. 18, 2026.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I-21-N.htmFetched: 10/20/2026