194:60 Special School District; Department of Corrections. –
I. A special school district is established within the department of corrections, under RSA 21-H, solely for the purpose of providing approved education programs pursuant to subparagraph IV(b) of this section to eligible adult offenders who either meet the definition of "child with a disability" under RSA 186-C:2, I or are under age 21 inclusive who wish to participate.
II. The special school district shall be exempt from state board of education rules, except that the standards for the education of students with disabilities and all education programs shall be set by an interagency agreement between the department of education and the department of corrections.
III. The special school district shall be exempt from the organizational and budgetary requirements regarding other school districts or chartered public schools. The special state prison school district shall not be required to file financial reports with the department of education or the department of revenue administration.
IV. The special school district shall have authority to perform all duties necessary to operate a school including, but not limited to, the following:
(a) Timely submission of all required education program approval documents and reports to appropriate agencies.
(b) Maintenance of approved education programs which comply with the requirements as provided for in the interagency agreements between the department of corrections and the department of education. The interagency agreements shall set forth the standards for approval of a school program for department of corrections facilities, the graduation requirements necessary for the special school district to issue a high school diploma, and the standards for special education program approval.
(c) Issuance of transcripts.
(d) Performing assessments and developing individual education programs.
(e) Providing fiscal management for the state and federally-funded approved education programs.
(f) Operation of approved education programs in a manner consistent with the legitimate security and safety concerns of a penal institution.
V. The special state prison school district shall not be assigned to a school administrative unit, nor shall it be subject to the provisions of RSA 194-C.
VI. The special state prison school district shall not be eligible to receive any form of state aid to education pursuant to RSA 198, including but not limited to, state building aid, state aid, dual enrollment grants, foundation aid, or alternative foundation aid.
VII. The special state prison school district shall not have a school board.
VIII. The special school district shall not be required to provide special education programs or services to children with disabilities aged 18 through 21 inclusive who, in the educational placement prior to their incarceration in an adult correctional facility, were not actually identified as being a child with a disability under RSA 186-C:2, or who did not have an individualized education program prior to their incarceration in an adult correctional facility.