CHAPTER Ed 1300  ALTERNATIVE EDUCATION AND REGIONAL CAREER AND TECHNICAL EDUCATION

 

REVISION NOTE:

 

          Document #12573, effective 7-14-18, readopted with amendments Chapter Ed 1300 titled “Alternative Education Programs” and Chapter Ed 1400 titled “Career and Technical Education” and renumbered them as a single Chapter 1300 titled “Alternative Education and Regional Career and Technical Education.”  Document #12573 made extensive changes to the wording, format, and numbering of the rules within the former Chapter Ed 1300 and Chapter Ed 1400.

 

          Document #12573 replaces all prior filings for rules in the former Chapter Ed 1300 and Chapter Ed 1400.  The prior filings for the rules in these 2 chapters include the following documents:

 

          Ed 1300

 

          #9304, effective 10-25-08

          #9954-A, effective 7-14-11

          #9954-B, effective 7-14-11

 

          Ed 1400

 

          #2055, effective 6-16-82

          #2714, effective 5-16-84

          #4851, effective 6-25-90, EXPIRED 6-25-96

          #6366, effective 10-30-96, EXPIRED 10-30-04

          #6949, effective 2-26-99

          #7873, effective 4-18-03

          #8266, effective 1-22-05

          #8565, effective 2-8-06

          #9453, effective 4-11-09, EXPIRED 4-11-17

          #9954-A, effective 7-14-11

          #9954-B, effective 7-14-11

          #12205, INTERIM, effective 6-10-17, EXPIRED 12-7-17

          #12371, INTERIM, effective 8-25-17, EXPIRED 2-21-18

 

PART Ed 1301  DEFINITIONS

 

          Ed 1301.01  Definitions.  Terms defined in RSA 188-E:2 shall be used as reference in this rule, in addition to the following:

 

          (a)  “Department” means the New Hampshire department of education;

 

          (b)  “Qualified project” means a qualified project as defined in RSA 188-E:10, I(f);

 

          (c)  “Receiving board” means the board of education in the receiving district where a high school has been designated under RSA 188-E as a regional career and technical education center to serve the region.  The receiving district can be a single district or a cooperative district in accordance with the organization of that particular region;

 

          (d)  “Region” means a collection of sending and receiving districts and at least one regional career and technical education center that are all parties to an agreement that defines the relationships among them;

 

          (e)  “Regional career and technical education center” means a receiving board for secondary education which has been designated by the commissioner under RSA 188-E:1 as part of a high school regional career and technical education program.;

 

          (f)  “Transportation cost” means the reimbursable amount of the total transportation cost for a sending district student who attends a regional career and technical education center or who attends an alternative education program related to RSA 188-E:8, and as provided in Ed 1305.03; and

 

          (g)  “Tuition cost” means the reimbursable amount of education cost for a sending district student who attends a regional career and technical education program or an alternative education program related to RSA 188-E:7, and as provided in Ed 1305.02.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

PART Ed 1302  PLANNING, DESIGNATION, AND IMPLEMENTATION OF A NEW REGIONAL CAREER AND TECHNICAL EDUCATION CENTER FOR CAREER AND TECHNICAL EDUCATION

 

          Ed 1302.01  Purpose.  The purpose of this part is to implement the statutory provisions relative to planning new career and technical education facilities.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1302.02  Responsibility of School Boards for Receiving Board.

 

          (a)  The receiving board, in accepting designation as a regional career and technical education center, shall agree to fully cooperate with the education personnel and citizens of the school districts within their region in the planning, designation, and implementation of the career and technical education programs and facilities of the regional career and technical education center.

 

          (b)  The region as defined in Ed 1301.01(d) shall establish a regional advisory committee according to RSA 188-E:4-a, to advise the receiving board on matters related to career and technical education including the planning, designation, and implementation of the career and technical education programs and facilities of the regional career and technical education center.

 

          (c)  In addition to 1302.02(a) and (b), the process for constructing a new regional career and technical education center shall follow the requirements in Ed 1303.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

PART Ed 1303  RENOVATION OF EXISTING REGIONAL CAREER AND TECHNICAL EDUCATION CENTERS

 

          Ed 1303.01  Purpose.  The purpose of this part is to implement the statutory provisions relative to planning renovations to existing career and technical education facilities.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1303.02  Application for Initial Project Approval.

 

          (a)  The receiving board shall submit an application for funding as a qualified project which contains all the required criteria specified in RSA 188-E:10, I(f)(1)-(9) in addition to the following:

 

(1)  An analysis for each program to be included in the regional career and technical education center providing assurances that:

 

a.  A need related to the labor market exists for new skills and competencies of students that is directly linked to new equipment requirements or other requests for renovation;

 

b.  The program is best provided via a school-based career and technical education program; and

 

c.  The program is supported through local community and  regional and program advisory committees’, pursuant to RSA 188-E:4-a, validation;

 

(2)  A program design description for each program to be included in the regional career and technical education center which:

 

a.  Specifies the equipment needed to provide for the learning activities based on the curriculum; and

 

b.  Describes the space and configuration needed based on the learning activities;

 

(3)  The proposed site of the renovation; and

 

(4)  The total cost of renovations taking into account the specific financial responsibilities of the receiving board, which includes the following:

 

a.  Acquisition of sufficient land for construction or expansion of the center including any easements or rights-of-way that might be necessary;

 

b. Acquisition of sufficient land for parking or long term agreements to utilize off-site parking;

 

c. Environmental and geotechnical studies necessary to ensure that the proposed construction can be completed at the site;

 

d.  Permits for construction required by authorities having jurisdiction including, but not limited to, the NH department of environmental services, NH department of transportation, NH department of health and human services, and municipal code  enforcement authority;

 

e.  Site work outside the building footprint including, but not limited to, clearing and grubbing, earth moving, blasting, removal of unsuitable materials, cut and fill work, soil testing, compaction, grading, site drainage, and landscaping;

 

f.  Planning, design, and construction of utilities including electrical power, water, sewer,  natural gas, and communications to a point one foot outside the building entrance for each specific utility;

 

g.  Planning, design, and construction of roadways and sidewalks;

 

h.  Planning, design, and construction of parking facilities;

 

i.  Other site requirements as identified by the department based on Ed 321;

 

j. Provision of a clerk of the works to manage the construction project;

 

k.  Legal review of construction contracts;

 

l.  Builders risk and accident liability insurance during construction;

 

m.  Property and liability insurance following construction; and

 

n.  Development of equipment specifications lists and purchasing.

 

          (b)  The receiving board shall provide the site for parking and other related areas for the regional career and technical education center pursuant to RSA 188-E:3, II not covered under the state grant for construction of regional career and technical education centers.  Such site shall be the property of the school district, or there shall be positive assurance of the continued availability of the site for the reasonable life of the regional career and technical education center, such as a long-term agreement, an easement, or right-of-way.

 

          (c)  The application shall include the final plans, program descriptions, equipment lists, and total cost for the construction or renovation of a regional career and technical education center and shall be submitted to the department, for recommendation to the state board of education, 18 months prior to the availability of funds in the capital budget.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1303.03  Application Approval.

 

          (a)  The department, in cooperation with the receiving board, shall complete a thorough review of the application, with particular emphasis upon need as related to the labor market, enrollment, and programs.  The allotment of specific funds shall be determined after a review of the application by the department as provided in Ed 1302 and in consultation with representatives of the regional career and technical education center.

 

          (b)  The department shall approve and recommend the project and the final plan for legislative action as a qualified project pursuant to the capital budget timeline identified in RSA 188-E:10, I(c) and capital budget procedure identified in RSA 9:3-a when the plan, as set forth in the application, appears to be both educationally and fiscally acceptable, as required by Ed 1303.02.

 

          (c)  Prioritization of funds of approved renovation projects shall follow the timeline established in Ed 1303.05.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1303.04  Signed Agreement.  If funding is approved by the legislature, all the school board chairpersons in the region and the commissioner of the department shall sign an agreement containing at a minimum the following elements:

 

          (a)  The cost of the qualified project and the payment reimbursement schedule;

 

          (b)  The commitment and responsibilities of the receiving and sending district;

 

          (c)  The commitment and responsibilities of the department;

 

          (d)  An assurance that the regional career and technical education center shall include only programs which conform to the approved qualified project;

 

          (e)  A designation of enrollment quotas for individual programs in each district as determined by the parties to the agreement;

 

          (f)  The end date of the agreement as determined by mutual agreement of the parties;

 

          (g)  Assurances of cooperation with the master plans of both the sending and receiving district required under Ed 512;

 

          (h)  Assurances of ongoing maintenance of the facilities and equipment for the purposes approved in the qualified project; and

 

          (i)  Any special conditions to which all parties agree.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1303.05  Criteria for Priority of Renovation Projects.  The commissioner of the department shall use the following criteria for determining the priority of renovation projects:

 

          (a)  The opening date of the regional career and technical education center as set forth in Table 1303-1 below shall be the determining factor in prioritizing the order in which renovation projects are to be included in the capital budget request:

 

Table 1303-1 Opening Dates for Regional Career and Technical Education Centers

 

Regional Career and Technical Education Center

Opening Date

Nashua Technology Center – Nashua

Fall

1974

The Cheshire Career Center – Keene

Fall

1976

Portsmouth Career Technology Center #19 - Portsmouth

Fall

1977

Berlin Regional Career and  Technology Center – Berlin

Fall

1977

Concord Regional Technology Center - Concord

Fall

1980

Mt. Washington Valley Career Technology Center - North Conway

Fall

1980

Seacoast School of Technology – Exeter

Fall

1980

Manchester School of Technology – Manchester

Fall

1982

J. Oliva Huot Technical Center – Laconia

Fall

1983

Hugh Gallen Regional Vocational Center – Littleton

Fall

1983

Plymouth Applied Technology Center - Plymouth

Fall

1983

Region 9 Vocational Technical Center - Wolfeboro

Fall

1983

Pinkerton Academy - Derry

Fall

1984

White Mountain Regional High School - Whitefield

Fall

1985

Salem High School Vocational Center – Salem

Fall

1989

Dover Career Technical Center – Dover

Fall

1990

Creteau Regional Technology Center - Rochester

Fall

1991

Somersworth Career  Technology Center - Somersworth

Fall

1991

Wilbur H. Palmer Vocational Technical Center - Hudson

Fall

1992

Sugar River Valley Regional Technology Center - Claremont

Fall

1993

Sugar River Valley Regional Technology Center - Newport

Fall

1993

Winnisquam Regional High School – Tilton

Fall

1993

Region 14 Applied Technology Center - Peterborough

Spring

1996

Milford High School and Applied Technology Center - Milford

Fall

1997

 

          (b)  If more than one regional career and technical education center opened in a given year, priority shall be established based on the date of governor and council approval.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1303.06  Substantial Changes to an Approved Project.  The receiving board shall notify the department of any substantial changes to a renovation project approved under this section.  Substantial changes shall include a change in project cost of 5% or greater or the addition or removal of a career and technical education program, or any substantial change which alters the scope of the project.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

PART Ed 1304  ADVISORY COMMITTEES

 

          Ed 1304.01  Advisory Committees.  Regions and regional career and technical education centers shall establish and maintain the regional advisory committees and program advisory committees, respectively, per RSA 188-E:4-a.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

PART Ed 1305  TUITION AND TRANSPORTATION COST DETERMINATIONS

 

          Ed 1305.01  Purpose.  The purpose of this part is to implement the statutory provisions relating to the formula for determining the tuition and transportation costs for approved career and technical education programs and alternative education programs and the procedures for disbursement of funds.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1305.02  Tuition Cost Determination.

 

          (a)  The per student rate as outlined in RSA 188-E:7, II used for tuition payment related to this section shall be equal to the balance of appropriation for tuition and transportation available divided by the total number of students, where:

 

(1) The balance of appropriation available equals the tuition and transportation total appropriation, minus:

 

a.  The total payments made for transportation reimbursements;

 

b.  The total payments made for alternative education tuitions that are less than full per student rate determined in this section;

 

c.  All differential fees paid under RSA 188-E:7, IV; and

 

d.  Any adjustments made to the budget; and

 

(2)  The total number of students equals the sum of all the sending districts’ total number of students formally reported to, and verified by, the department.

 

          (b)  In any case, the tuition payment related to this section shall not exceed the previous year average cost per student in the receiving district, as determined by the department.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1305.03  Transportation Cost Determination.

 

          (a)  The per student transportation cost shall be equal to the number of days a student attended the program multiplied by  the round trip distance in miles from a student’s sending high school to the regional career and technical education center multiplied by the per mile reimbursement rate, which shall be either:

 

(1)  $0.10 per mile for students who have access to regularly scheduled district transportation or public transportation; or

 

(2)  $0.25 per mile for students who self-transport and whose sending district does not provide regularly scheduled transportation.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

PART Ed 1306  OTHER CAREER AND TECHNICAL EDUCATION PROGRAM REQUIREMENTS

 

          Ed 1306.01  Requirements for Pre-Engineering and Technology Programs.

 

          (a)  In order to secure funding to develop and implement a pre-engineering and technology program and curriculum pursuant to RSA 188-E:14, the school shall:

 

(1)  Submit to the department either a “NH Pre-Engineering and Technology Application (Grades K-5),” March 2018 edition “NH Pre-Engineering and Technology Application (Grades 6-12)” March 2018 edition to include course content, competency and curricular requirements, equipment requirements, and space requirements;

 

(2)  Demonstrate the statutorily required 50/50 match of public and private funds which:

 

a. Shows how district expenditures complement the development of the engineering technology program;

 

b.  Provides a list of expenditures by the district and includes a rationale for using these as match funds; and

 

c.  Includes equipment items purchased for use not earlier than one year prior to the project start date for the engineering technology program;

 

(3)  Assure that certified educators delivering the program are trained to teach the engineering and technology program by submitting the current course load, college transcript, teaching certification, and résumé; and

 

(4)  Submit a final funding report providing:

 

a.  Outcomes and key achievements;

 

b.  Number of students served, disaggregated by gender; and

 

c  Impact/benefits of course/program.

 

          (b)  In order to secure funding to develop and implement a pre-engineering and technology program and curriculum pursuant to RSA 188-E:14, the department shall:

 

(1)  Provide technical assistance in the planning and development of the pre-engineering and technology program;

 

(2)  Receive and review the NH Pre-Engineering and Technology Application that the school submits under Ed 1306.01(a)(1) above to determine that the school meets the criteria for approval;

 

(3)  Submit the proposed program content and curriculum to the pre-engineering and technology advisory council for review; and

 

(4)  Release state funds up to limits determined by the pre-engineering and technology advisory council.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

          Ed 1306.02  Requirements for Automotive Technology Programs.

 

          (a)  In order to secure funding to develop and implement an automotive technology curriculum the regional career and technical education center shall:

 

(1)  Establish a program advisory committee as set forth in RSA 188-E:20;

 

(2)  Submit to the department new program approval application that includes course content, curricular requirements, equipment requirements, and space requirements that are aligned to the standards established by the National Automotive Technicians Education Foundation (NATEF); and

 

(3)  Demonstrate the statutorily required 50/50 match of public and private funds which:

 

a. Shows how district expenditures complement the development of the automotive technology program;

 

b.  Provides a list of expenditures by the district and include a rationale for using these as match funds; and

 

c.  Includes equipment items purchased for use not earlier than one year prior to the project start date for the automotive technology program; and

 

(4)  Assure that certified educators delivering the program are trained to teach in the automotive technology program.

 

          (b)  In order to secure funding to develop and implement an automotive technology curriculum the department shall:

 

(1)  Provide technical assistance in the planning and development of the automotive technology program;

 

(2)  Receive and review the department’s new program approval application that the regional career and technical education center submits to determine that the program meets the criteria for approval; and

 

(3)  Submit the proposed program content and curriculum to the automotive advisory council for review.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18

 

PART Ed 1307  RULES FOR THE ROBOTICS EDUCATION FUND

 

            Ed 1307.01  Purpose of the Robotics Education Fund.  The purpose of the robotics education fund is to motivate and encourage public school and chartered public school students in New Hampshire to pursue education and career opportunities in science, technology, engineering, and mathematics while building critical life and work-related skills.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

            Ed 1307.02  Scope.  Grants from the robotics education fund shall be available to any eligible public school or chartered public school for the purpose of financing the establishment of a robotics team and its participation in competitive events.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

          Ed 1307.03  Definitions.

 

            (a)  Department” means the commissioner’s office of the department of education, or designee.

 

            (b)  “Eligible public school or chartered public school” means any public school which meets the minimum standards or a chartered public school as defined in RSA 194-B in the state of New Hampshire.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

          Ed 1307.04  Uses of Grant Funds for the Robotics Education Fund.  Grant funds administered through the robotics education fund shall be limited to the purchase of robotics kits, stipends for coaches, and the payment of associated costs from participation in competitions.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

            Ed 1307.05  Eligibility Criteria.  A public school or chartered public school which is applying for a grant from the robotics education fund shall demonstrate that:

 

(a)  It has established a partnership with, or has a valid letter of commitment from, at least one sponsor, business entity, institution of higher education or technical school for the purpose of participation in a robotics competition;

 

(b)  It has developed a budget for the current year of the application;

 

(c)  It has not received a grant from the Robotics Education Development Program in the prior year; and

 

(d)  It has identified at least one competitive event in which the team or club will participate.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

          Ed 1307.06  Robotics Education Development Program Grant Application.

 

(a)  A public or chartered public school shall complete and and file the “New Hampshire Robotics Education Application Form”, November 2019 edition, electronically to the department of education.  

 

(b)  The grant application period shall be announced on the department’s website pursuant to availability of grant funds and the application period shall be open for no less than 30 calendar days.

 

(c)  Pursuant to RSA 188-E:25, VII, no school shall receive more than one grant every 2 years, however, a school district may receive multiple grant awards.  A school may support multiple teams through the use of a single grant.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

          Ed 1307.07  Review of Robotics Education Development Program Grant Application.

 

          (a)  The department shall review all grant applications within 15 business days of the application deadline as established in Ed 1307.06(b). In making a decision, the bureau of career development shall approve an application if the school has met all the criteria set forth in Ed 1307.05(a)-(d).

 

          (b)  If the amount of grant funds requested exceeds the balance in the fund that is available in any year, the commissioner shall not prorate the grant awards, but preference shall be given to schools that have a higher percentage of students in the school’s average daily membership in attendance who are eligible for a free or reduced-price meal as defined in RSA 198:38, VII.  Secondary preference shall be given to schools which did not receive a grant in the previous year due to lack of funds.

 

          (c)  In the event that additional funds exist after all initial grant application requests have been met, the commissioner shall award schools additional grants for additional requested teams in accordance with (b) above and RSA 188-E:24-a, V.(b).

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

          Ed 1307.08  Robotics Education Development Program Grant Disbursement.  Grants will be disbursed as a single payment each year of the grant through the business office of the department of education.

 

Source.  (See Revision Note at chapter heading for Ed 1300) #12573, eff 7-14-18; ss by #12896, EMERGENCY RULE, eff 10-10-19, EXPIRES: 4-7-20

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

Ed 1301

RSA 188-E:2

Ed 1302

RSA 188-E:3, I

Ed 1303

RSA 188-E:3, I

Ed 1304

RSA 188-E:4-a

Ed 1305.01 – Ed 1305.02

RSA 188-E:6, Iv: RSA 188-E:9

Ed 1302.03

RSA 188:E:8; RSA 188-E:9

Ed 1306.01

RSA 188:E:18, II

Ed 1306.02

RSA 188-E:18, II; RSA 188-E:20

Ed 1307

RSA 188-E:24-a