• Current 306 Rules

• Last set of revisions (in some areas): 2014

• Detail the minimum requirements for public school approval, including public academies

• Define what constitutes an adequate education in public schools per RSA 193-E - “...The specific criteria and substantive educational program that deliver the opportunity for an adequate education shall be defined and identified as the school approval standards…”




In the State of New Hampshire, the 306 Administrative Rules establish the minimum standards for public school approval. Said simply, they are a set of requirements that all public schools must comply with, setting the foundation for each and every public school across our state. A student’s zip code should not dictate the quality of the education that student is provided. The minimum standards for public education exist to make sure that no matter what a student’s zip code is, they will receive consistent access to quality education. This foundation provides the basis for ensuring all students are offered an essential and common framework for learning and engagement within their public school community.




The rules include requirements for elements such as the nutritional quality of food served in the cafeteria, to required professional development educators must access, to class size and graduation requirements. The 306 Rules are incredibly important for New Hampshire’s public education system.

-In-Depth NH

The future of 306 rules are now in the hands of JLCAR. These are elected officials who need to hear your insights and perspectives.

1. Redefines the purpose and structure of school
2. Hollows out instructional requirements
3. Removes local authority
4. Lawmaking through rules
5. Potential school funding implications

• The Joint Legislative Committee on Administrative Rules (JLCAR) was established in 1983 by the state legislature to provide legislative oversight in the area of administrative rulemaking by the agencies of the executive branch. Legislative oversight by a special committee is a common but not universal feature of the administrative rulemaking process in other states too. The structure, powers, and duties of the JLCAR are set out in RSA 541-A:2 and RSA 541-A:13. See also Rules of the JLCAR.

  
  

  Per RSA 193-E:2-a(IV)(a):

  The minimum standards for public school approval for the areas identified in paragraph I shall constitute the opportunity for the delivery of an adequate education. The general court shall periodically, but not less frequently than every 10 years, review, revise, and update, as necessary, the minimum standards identified in paragraph I and shall ensure that the high quality of the minimum standards for public school approval in each area of education identified in paragraph I is maintained. Changes made by the board of education to the school approval standards through rulemaking after the effective date of this section shall not be included within the standards that constitute the opportunity for the delivery of an adequate education without prior adoption by the general court. The board of education shall provide written notice to the speaker of the house of representatives, the president of the senate, and the chairs of the house and senate education committees of any changes to the school approval standards adopted pursuant to RSA 541-A.

  
  

  There is also a new law that went into effect as of September 1, 2024, indicating the Legislative Oversight Committee may also need to conduct a review of the rules. This is found in HB1163 from the 2024 Legislative Session.

  
  

  More information about JLCAR can be found using this link.

  The next meeting for JLCAR is scheduled for October 17th. Current meeting information can be found here.

  JLCAR did vote in September to table discussion and decisions about the 306 rules until its November meeting.

  Per RSA, JLCA can object to a proposed rule if the rule is:

  (a) Beyond the authority of the agency;

  (b) Contrary to the intent of the legislature;

  (c) Determined not to be in the public interest; including the existence of substantive inconsistencies between a form and the rule where the form is incorporated by reference or which sets forth the requirements of the form, pursuant to RSA 541-A:19-b; or

  (d) Deemed by the committee to have a substantial economic impact not recognized in the fiscal impact statement. (RSA 541-A:13 (IV))

  
  Please consider contacting members of JLCAR to share your insights and perspectives.

This is just a quick list based on initial review of the proposed rules. Further analysis will need to be done once the rules are officially approved and finalized.

• There are several policies that have been adjusted in the rules. Districts and schools will need to update local policies to reflect these changes. Some changes will need to occur this school year, while others will occur in future school years.

• Class sizes versus student to educator ratios

• Definition of Educator including all NHED licensed personnel (including paraprofessionals)

• Changes to literacy instruction

• Additional civics requirements

• New definitions in the rules for equity, rigor, differentiation, personalization, learning opportunities, developmentally appropriate, etc.

• There are changes to high school course offerings and graduation requirements that will go into effect for the 2026-2027 school year.

• Removal of Family and Consumer Sciences as required in Middle and High School programs of studies

• Combining of CTE sections in current rules

• Graduation requirements aligned to competencies in 8 learning areas and cross-cutting competencies (i.e. work study practices)

• Minimum Graduation Credits:

• English credits reduced from 4.0 to 3.5

• Mathematics must now include ½ credit of statistics

• US & NH History separated out with ½ credit each

• Logic and Rhetoric added for ½ credit

• Personal Finance Literacy added for ½ credit (not included in ½ Economic credit)

• Increased US Government & Civics by 1 credit

• World History & Global Studies increased from ½ credit to 1 credit

• Electives reduced to 4 credits.

• Most core content areas and program language have been replaced with language that requires public schools to align directly to outdated state academic standards. The rules give NHED authority to evaluate “rigor” of any locally adopted academic standards.

• From proposed Ed 306.26(j) - If a local school board determines not to implement the academic standards established by the state board, a local school board shall determine, approve, and implement alternative academic standards that meet at least the level of rigor of the academic standards adopted by the state board.

• However, there is no mention of this authority in RSA 193-E:2-a(IV)(b), which states “the local school board shall determine, approve, and implement alternative academic standards.”

• For example, Arts programs shall have competencies and curriculum aligned to “K-12 Curriculum Frameworks for the Arts, April 2001 edition.”

• A new Appendix II is included in the rules pointing to the state academic standards required by public schools. Here is a list of current state academic standards and publication dates:

The following content areas do not have published state academic standards on NHED’s official site, but are required in the 306 rules.

Business Education

Career & Technical Education Programs

Career Education Program

Digital Literacy Education

School Counseling

School Psychological Services

Technology & Engineering Education

Holocaust & Genocide Education

Personal Finance Literacy

Logic and Rhetoric

Family & Consumer Science Education (exist in current rules - proposed to be removed)

Please consider sharing your insights and perspectives with our elected officials, especially those who serve on JLCAR.