N.H. Admin. Code § Ed 320.03

Current through Register No. 44, October 31, 2024

Section Ed 320.03 - School Facility Renewal Process

(a) To request a renewal to operate an approved school facility, the following information shall be submitted to the department in a clearly legible packet no later than September 1 prior to the expiration date of the facility's approval to operate:

(1) The items included in Ed 320.02(a)(1) and (a)(7)-(10);

(2) A copy of the most recent annual state fire inspection report required by RSA 153:14, II(b);

(3) A statement that provides that:

a. The superintendent or designee has contacted the local health officer to schedule a health inspection prior to the end of the calendar year; and

b. Prior to December 31 of the calendar year, the superintendent or designee shall submit a copy of the completed health inspection to the department to ensure the facility is operating in a suitable and sanitary building, as required by RSA 189:24; and

(4) For public schools:

a. Complete the "Indoor Air Quality Survey" checklist, revised September 2023, which can be found by logging into https://my.doe.nh.gov/myNHDOE/Login/Login.aspx; and

b. The items included in Ed 320.02(b).

(b) Once the materials have been received, the department shall:

(1) Complete a review of the submitted renewal materials;

(2) Conduct an on-site visit, subject to the availability of funds for making such visits, to verify the information submitted; and

(3) Determine the facility meets one of the following designations:

a. Approved for operation;

b. Conditionally approved for operation; or

c. Not approved for operation.

(c) A school facility that meets all of the applicable application requirements of Ed 320.03(a) shall be approved for operation.

(d) A school which does not meet all of the applicable application requirements of Ed 320.03(a) shall be conditionally approved for operation, provided that:

(1) All identified deficiencies and a timetable for their correction are incorporated into the conditional approval; and

(2) The department has received documentation of health and safety inspections conducted by the authorities having jurisdiction and either:

a. All health and safety violations have been corrected; or

b. All identified deficiencies and a timetable for their correction are incorporated into the approval designation, as agreed upon by authorities having jurisdiction.

(e) A school facility that is unable to meet (c) or (d) above shall not be approved for operation for K-12 educational purposes.

(f) A school facility shall remain approved for operation or conditionally approved for operation until:

(1) June 30, 5 years following the notice of approval to operate; or

(2) Conditions of the approval to operate have not been met.

(g) A school facility operating outside the time limits in (f) above shall be considered an expired school facility and not suitable for students to occupy.

(h) A school operating an approved school facility shall request a renewal in accordance with Ed 320.03, no later than September 1 prior to the expiration date of the approval.

(i) The superintendent, charter school director, nonpublic school administrator, or designee shall notify the commissioner prior to any change in conditions which affects a school's compliance with these rules, including but not limited to changing locations, constructing a new facility, or renovating or adding an addition to an existing facility.

N.H. Admin. Code § Ed 320.03

Derived from Number 45, Filed November 9, 2023, Proposed by #13772, Effective 10/12/2023, Expires 10/12/2033.