SCHOOL BOARDS, SUPERINTENDENTS, TEACHERS, AND TRUANT OFFICERS; SCHOOL CENSUS
189:28 Statistical Reports; Failure to File Report.
I. The governing body of every public, chartered public school, and nonpublic education agency, shall, on or before the deadline established by the department as deemed appropriate in each year, submit to the department of education those statistical reports necessary to compute the average daily membership of pupils attending each school district, and the average daily membership of pupils resident in each school district. Information relating to the fall enrollment, drop-outs, staffing census, and prior year annual safety reports as of October 1 of each school year, and other reports necessary to meet state and federal requirements as determined by the department, shall be submitted to the department of education on or before the deadline established by the department.
I-a. The governing body of every public and chartered public school shall submit the average teacher salary as of October 1 of each school year to the department of education on or before the deadline established by the department.
I-b. Nonpublic schools shall submit the following: general statistics of nonpublic schools, nonpublic school restraint and seclusion collection data, general fall report of nonpublic schools, school emergency operation plan, and other reports necessary to meet state and federal requirements as determined by the department of education. If the governing body of a nonpublic school fails to submit the statistical reports by the established deadlines for 2 consecutive years, the commissioner may request the state board of education to revoke the enabling charter or approval.
II. (a) The information needed to determine compliance with performance or accountability measures of public education agency under RSA 193-E:3 or federal law, shall be submitted to the department of education in a timely manner as determined by the department of education. The state board of education shall ensure the accuracy and completeness of such data and shall take enforcement or other actions when necessary, including verification checks, for the purpose of enforcing the provisions of this section.
(b) If the department of education requests verification of information relevant to reports submitted, the public education agency shall provide corrected information or verification within 10 business days of such request. The governing body of every public education agency shall maintain files of all records, data, and other information submitted pursuant to this section for not less than 5 years from the date of submission. The state board of education shall have access to such records, data, and information for the purpose of ensuring the accuracy of reported information.
III. Each statistical report submitted under this section by a public education agency may be submitted electronically and shall include a written or electronic certification, signed by the chief executive official that states: "I certify, under the pains and penalties of perjury, that all of the information contained in this document is true, accurate, and complete, and that the school board chairperson has received a copy of this document."
IV. The commissioner of the department of education may grant a public school, chartered public school, or nonpublic school up to a 30-day extension of the reporting deadline set forth in paragraph I, provided that such extension will not delay the statewide calculations. The commissioner of the department of education shall notify the governing body of the public education agency that all state aid to education and all federal aid, if the report is required by federal law, shall be withheld until such time as complete and accurate information is submitted.
V. The department of education shall determine the average daily membership in attendance of every public education agency, and private institution that operates an elementary or secondary school, and the average daily membership in residence of each school district, municipality within a cooperative school district, and unincorporated place.
VI. In this section, "public education agency" means a school district, city, joint maintenance agreement, chartered public school, or approved public academy.
Source. 1874, 43:3. GL 92:3. 1887, 50:9, 10. PS 92:13. 1895, 50:7. 1903, 5:1. 1917, 122:1. 1921, 85, II:15. PL 117:24. RL 135:28. RSA 189:28. 1991, 169:1. 1998, 389:2. 2003, 314:2. 2005, 189:1. 2006, 60:1. 2008, 354:1. 2016, 8:8, eff. Mar. 16, 2016. 2018, 223:1, eff. Aug. 7, 2018. 2021, 44:2, 3, eff. May 17, 2021.