STATEWIDE EDUCATION IMPROVEMENT AND ASSESSMENT PROGRAM

RSA tit. XV, ch. 193-C

in effect

RSA 193-C:1 Statement of Purpose.

193-C:1. Statement of Purpose. I. Improvement and accountability in education are of primary concern to all of the citizens of New Hampshire. A well-educated populace is essential for the maintenance of democracy, the continued growth of our economy, and the encouragement of personal enrichment and development. II. A statewide education improvement and assessment program built upon the establishment of academic standards specifying what students should know and be able to do is an important element in educational improvement. Such a program also serves as an effective measure of accountability and student performance when the assessment exercises or tasks are valid and appropriate representations of the knowledge and skills that students are expected to achieve. III. Widespread participation in the establishment of a statewide education improvement and assessment program is essential. Consultation with educators at all levels, business people, government officials, community representatives, and parents must occur in the development of academic standards. In turn, widespread dissemination of those standards, once established, must occur. Teachers, administrators, and school board members must be fully apprised of these state-developed standards. They must, in turn, communicate these expectations to students and parents, and find and implement methods to enable students to acquire and apply the requisite knowledge and skills. IV. In addition, the assessment results must be reported to students, parents, teachers, administrators, school board members, and to all other citizens of New Hampshire in order that informed decisions can be made concerning curriculum, in-service education, instructional improvement, teacher training, resource allocation, and staffing. V. [Repealed.] VI. The purpose of the statewide education improvement and assessment program is not to establish a statewide curriculum. It is, rather, to establish what New Hampshire students should know and be able to do and to develop and implement effective methods for assessing that learning and its application so that local decisions about curriculum development and delivery can be made. Source. 1993, 290:2. 2013, 263:7, I. 2016, 84:3, eff. July 18, 2016.

RSA 193-C:2 Definitions.

193-C:2. Definitions. In this chapter: I. "Commissioner" means the commissioner of the department of education. II. "Committee" means the legislative oversight committee established to review the statewide education improvement and assessment program. III. "Department" means the department of education. III-a. "N-size" means the student sample size necessary to disclose or display data to ensure maximum student group visibility while protecting student privacy. IV. "Program" means the New Hampshire statewide education improvement and assessment program. V. "Testing entity" means any vendor contracted to provide the statewide assessment under RSA 193-C:6. Source. 1993, 290:2, eff. June 22, 1993. 2019, 323:7, eff. Oct. 12, 2019. 2024, 350:1, eff. Oct. 1, 2024.

RSA 193-C:3 Program Established; Goals.

193-C:3. Program Established; Goals. There is established within the department of education a statewide education improvement and assessment program. The commissioner shall develop and implement this program in conjunction with the state board of education and the legislative oversight committee. In carrying out this program, the commissioner shall consult widely with educators at all levels, business people, government officials, community representatives, and parents. I. The aims of this program shall be to: (a) Define what students should know and be able to do. (b) Develop and implement methods for assessing that learning and its application. (c) Report assessment results to all citizens of New Hampshire. (d) Help to provide accountability at all levels. (e) Use the results, at both the state and local levels, to improve instruction and advance student learning. II. Since the program is not a minimum competency testing program, assessment instruments should be designed to reflect the range of learning exhibited by students. The assessment portion of the program shall consist of a variety of assessment tasks that measure academic standards and are objectively scored. The assessment instruments shall include, but not be limited to: (a) Constructed response items which require students to produce answers to questions rather than to select from an array of possible answers. (b) A writing sample. (c) Open-ended performance tasks. (d) Other item types identified by the department and testing entity, as necessary, to appropriately measure student learning. III. The following criteria shall be used in the development of the program: (a) Academic standards specifying what students should know and be able to do shall be clearly defined before assessment procedures and exercises are developed. (b) The assessment exercises or tasks shall be valid and appropriate representations of the academic standards the students are expected to achieve. (c) At each grade level assessed, the standards and expectations identifying what a student should know and be able to do shall be the same for every New Hampshire student. (d) Teachers shall be involved in designing and using the assessment system. (e) Assessment frameworks and reports shall be understandable and widely disseminated to parents, teachers, administrators, other school personnel, school board members, teacher preparation programs, business people, government officials, and community members. (f) The assessment system shall be subject to continuous review and improvement. (g) The assessment portion of the program shall be designed to be a measure of student academic achievement and growth of knowledge and skills. IV. The assessment system shall generate data which may be used: (a) At the student level, by students, parents, and teachers, to determine what the student knows and is able to do in relationship to the state-established academic standards. (b) At the classroom and school building levels, to monitor student progress and to enhance learning. (c) At the district level, to measure school and district-wide progress toward meeting goals and outcomes, to revise curriculum, to design in-service education programs, and to improve instruction. (d) At the state level, to measure what students know and are able to do in relation to the attainment of goals and outcomes from the assessment frameworks, and to report the results to the citizens of New Hampshire. (e) At the state level, to target services to schools, improve existing programs, develop new initiatives, and revise standards for school improvement, teacher certification, etc. (f) At the college level, to integrate into teacher preparation programs instruction in state-established standards, techniques for enhancing student learning in these areas, and the use of assessment results to improve instruction. (g) At all levels, to correlate, to the extent possible, with national goals and international standards. (h) At all levels, to provide a basis for accountability. (i) [Repealed.] (j) At the school, district, and state levels, to provide performance reports on specific subgroups of pupils as required by federal law. (k) At the high school level, to serve as one indicator of a student's postsecondary education readiness. Source. 1993, 290:2. 2003, 314:7. 2016, 20:1; 84:4, 5. 2017, 100:1, eff. Aug. 7, 2017. 2018, 42:1, eff. July 14, 2018. 2023, 79:158, eff. July 1, 2023. 2024, 350:2, eff. Oct. 1, 2024.

RSA 193-C:4 Rulemaking.

193-C:4. Rulemaking. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to the exemption of certain students from participation in the program. Nothing in this section shall be construed to limit the ability of the state board of education to adopt rules pursuant to the authority granted by the general court. Source. 1993, 290:2, eff. June 22, 1993.

RSA 193-C:5 Areas of Assessment.

193-C:5. Areas of Assessment. The statewide academic areas to be assessed shall include reading and language arts, mathematics, and science. History, government, geography, civics, and economics remain required critical areas of study. Therefore, assessment of these subject areas not included in the statewide program remains within the purview of the local school board. The local school board shall require that each school provide for ongoing assessment of required critical areas of study through the use of local assessments that are aligned with state academic standards and local required competencies. The statewide assessment program shall only measure student understanding of key content-specific concepts, skills, and knowledge applied within or across academic content domains and aligned with state board approved academic standards. Source. 1993, 290:2. 2007, 3:1. 2014, 321:1. 2016, 75:1, eff. July 18, 2016. 2024, 65:1, eff. Aug. 13, 2024.

RSA 193-C:6 Assessment Required.

193-C:6. Assessment Required. I. A statewide assessment of mathematics and English and language arts shall be administered in all chartered public schools, public schools, and public academies in the state in each of the grades 3 through 8, and one grade in high school. A statewide assessment of science shall be administered in all chartered public schools, public schools, and public academies in the state once in grade 5, once in grade 8, and one grade in high school. II. A school district may choose to participate in a locally-developed, alternative assessment program, in place of the statewide assessment, if such a program is offered by the department and approved by the United States Department of Education. III. All public school students in the designated grades shall participate in the assessment, unless such student is exempted from taking the test by his or her parent or legal guardian, or provided that the commissioner of the department of education may, through an agreement with another state when such state and New Hampshire are parties to an interstate agreement, allow pupils to participate in that state's assessment program as an alternative to the assessment required under this chapter. IV. Home educated students may contact their local school districts if they wish to participate in the statewide assessment. Private schools may contact the department of education to participate in the statewide assessment. V. The department may use the College Board SAT or ACT college readiness assessment to satisfy the high school assessment requirements of this chapter. VI. The statewide assessment results of a student or the student's school district shall not be included as part of the student's transcript unless the student, if 18 years of age or older, or the student's parent or legal guardian if the student is under 18 years of age, consents. VII. A school district shall not penalize any exempted student nor shall the department of education or the state board of education penalize any school district for a lower participation rate. A school district shall develop a form to be signed by the parent or legal guardian of any student exempted from the assessment. The school district shall provide an appropriate alternative educational activity for the time period during which the assessment is administered. The alternative activity shall be agreed upon by the school district and the parent or legal guardian of the student. The name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the assessment shall not be public information and shall be excluded from access under RSA 91-A. Source. 1993, 290:2. 1999, 224:2. 2007, 3:2. 2015, 226:1. 2017, 16:1, eff. June 16, 2017; 88:1, eff. Aug. 4, 2017; 142:2, eff. Aug. 15, 2017. 2018, 91:1, eff. July 24, 2018. 2024, 350:3, eff. Oct. 1, 2024.

RSA 193-C:8-a Legislative Oversight Committee.

193-C:8-a. Legislative Oversight Committee. I. (a) It is the duty and policy of the state of New Hampshire that public elementary and secondary education shall provide all students with the opportunity to acquire the knowledge and skills necessary to prepare them for successful participation in the social, economic, scientific, technological, and political systems of a free government, now and in the years to come, regardless of where the students live. (b) Respecting New Hampshire's long tradition of community involvement, appropriate means are established to provide an adequate education through an integrated system of shared responsibility between state and local government. In this system, the state establishes minimum standards for public school approval and academic standards for delivery of educational services at the local level. School districts then have the responsibility and flexibility in implementing diverse educational approaches to instruction and curriculum tailored to meet student needs. (c) New Hampshire's long history of authorizing local governments in the form of local districts, to develop and administer public schools pursuant to a set of minimum standards established by the state has successfully achieved, on average across the state, high quality educational outcomes. II. An oversight committee shall be established consisting of: (a) Five members of the house of representatives, appointed by the speaker of the house of representatives. (b) One member of the senate, appointed by the senate president. III. The first meeting of the oversight committee shall be at the call of the first named house member. The first order of business shall be for the members to elect a chair. The members of the committee shall receive mileage at the legislative rate when attending to duties of the committee. IV. The legislative oversight committee shall: (a) Review the development and implementation of the school performance and accountability program set forth in RSA 193-H to ensure compliance with state and federal law. Implementation of the program shall be in conjunction with the committee's review. (b) Review the provisions of RSA 193-H and submit a report of such review annually to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate education committees. (c) Propose legislation that is needed as a result of the review of the progress and results of the policies implemented under this chapter and under RSA 193-H, including any changes necessitated by federal law. (d) Confer with the commissioner and the state board of education to identify operational principles which should guide the work of the department of education in supporting improved school performance and accountability. (e) Analyze existing department of education programs and initiatives which support improved school performance and accountability. (f) Receive reports from the commissioner regarding the status of public education in New Hampshire, updates on the improvement made by local school districts toward achieving satisfactory progress in statewide student performance under RSA 193-H:2 and status reports on the on-going issues and implications of school accountability at the state and federal level. Reports by the commissioner shall occur at least once annually or more frequently as needed, as determined by the committee and the commissioner. (g) Review and approve statewide performance targets required under RSA 193-H:2 developed by the department of education and recommended to the legislative oversight committee by the state board of education. (h) Receive reports from the state board of education including rules recommended by the department to be adopted by the state board of education under RSA 541-A relative to statewide performance targets required under RSA 193-H:2. The legislative oversight committee shall propose legislation to be submitted to establish such statewide performance targets in state statute during the legislative session following the approval of any recommendations which the state board of education is required to make. (i) Review the unique pupil identification system established in RSA 193-E:5 and propose legislation needed as a result of the review. (j) Review the implementation and results of the program relative to accountability for the opportunity for an adequate education established in RSA 193-E, consult and receive reports on such program, evaluate and review existing and emergent performance-based measurement tools, and propose legislation for improvements to the accountability program, as necessary. (k) Receive security breach reports from the department of education pursuant to RSA 189:66, consult with the commissioner of the department of information technology, and propose legislation needed as a result of the review. (l) Review and make recommendations relating to academic standards under consideration by the state board of education pursuant to RSA 193-E:2-a, IV(c), and the minimum standards for public school approval under consideration by the state board of education pursuant to RSA 193-E:2-a, IV(a). Source. 2022, 109:1, eff. July 26, 2022. 2024, 115:1, eff. Sept. 1, 2024.

RSA 193-C:10 Accessibility of Assessment Materials.

193-C:10. Accessibility of Assessment Materials. After the assessment results are released by the department, a pupil's parent or legal guardian shall have the right to inspect and review the pupil's assessment, including the questions asked, the pupil's answers, instructions or directions to the pupil, and other supplementary materials related or used to administer the pupil's assessment. A parent or legal guardian shall direct a request for inspection or review to the pupil's school, and the school shall comply with such request within 45 days of its receipt. The department of education shall make available released assessment items on the department's website as soon as possible after the statewide assessment results are released. The commissioner shall adopt rules, pursuant to RSA 541-A, to implement procedures for the review and inspection of assessment materials. These rules shall provide parents and legal guardians with no fewer rights accorded to them under the Family Educational and Privacy Rights Act, 20 U.S.C. 1232g. Source. 1998, 290:1. 2014, 219:1, eff. Sept. 12, 2014.

RSA 193-C:11 Anonymity of Pupil Assessment Results; Parental Authorization Required.

193-C:11. Anonymity of Pupil Assessment Results; Parental Authorization Required. Individual pupil names or codes contained in the statewide assessment results, scores, or other evaluative materials shall be deleted for the purposes of records maintenance and storage of such results or scores at the department of education, unless a parent or legal guardian provides written authorization otherwise, or as required under federal law. Individual pupil results shall be made available to a parent, a legal guardian, or the pupil's school in accordance with the Family Educational and Privacy Rights Act, 20 U.S.C. 1232g. For the purposes of public reporting, the state shall use a minimum n-size of 11 to maintain student data privacy. Source. 1998, 290:1, eff. Jan. 1, 1999. 2024, 350:4, eff. Oct. 1, 2024.

RSA 193-C:12 Pupil Assessment Information.

193-C:12. Pupil Assessment Information. I. The department shall provide the testing entity as defined in RSA 189:65, VIII, with individual pupil names and unique pupil identifiers, and other demographic and statistical information necessary to comply with state and federal reporting. The testing entity shall maintain the results, scores, or other evaluative materials for the purpose of measuring and reporting individual student growth. II. The department may provide, or may request the testing entity to provide, the assessment results and comparative data to a parent, a legal guardian, or the pupil's school as provided in RSA 193-C:11. The department may collect, and the districts shall provide, student address information from the individual school districts solely for the purpose of effectuating the distribution of assessment results and comparative data as provided in this section. III. The report shall be provided to parents in an informative and instructional manner to help children meet challenging state academic standards and advance student learning. IV. The testing entity shall destroy all student data on a schedule determined by the state contract with the testing entity. V. Student data shall not be disclosed by the testing entity, unless requested by the student or parent, to any person, organization, entity, or government or any component thereof, other than the parent or guardian, the department, or the school or school district, and shall not be used by the testing entity for any other purpose except as defined in the contract between the department and testing entity. Source. 2019, 323:1, eff. Oct. 12, 2019. 2021, 20:1, eff. July 5, 2021. 2024, 350:5, eff. Oct. 1, 2024.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XV-193-C.htmFetched: 10/20/2026