On Thursday, September 19, 2024, the Joint Legislative Committee on Administrative Rules (JLCAR), a panel of lawmakers charged with reviewing administrative rule proposals from state agencies, will review the NH Department of Education’s (NHED’s) proposed overhaul of the Minimum Standards for Public School Approval, or the ED 306s.
The review would be the last step before state adoption of the proposed overhaul, which would undermine public schools and weaken standards for schools and students. JLCAR’s review is limited to several specific points, including whether the proposed rules align with state laws and legislative intent. However, an initial review of the NHED’s proposal earlier this year found significant concerns, which the NHED did not fully address, according to an analysis by Reaching Higher NH.
Two of the remaining legal concerns, according to RHNH’s analysis, include:
- Removal of maximum class sizes. The NHED is proposing to remove New Hampshire’s maximum class size regulations, replacing them with a “student-educator ratio” that would not cap the number of students in a classroom. The current maximum class size is 20 students per teacher in younger grades and 30 students per teacher in middle and high school. However, the switch to student-educator ratio would eliminate that cap, and could expand the ratio to include paraeducators and other adults in the room, increasing the ratio substantially. The change raises significant questions about the state’s obligation to fund schools, since the current school funding formula is based on the maximum class sizes laid out in the minimum standards. It also raises questions about the role of the state in ensuring that all students have access to an adequate education.
- Replacing “courses” with “learning opportunities.” The NHED’s proposal would replace the term “courses” with “learning opportunities” throughout the minimum standards. This could eliminate the state’s responsibility to ensure that all students have guaranteed access to a well-rounded set of in-person courses, taught by certified teachers. Under the proposed rules, the minimum offering would be access to “learning opportunities,” which are vaguely defined as “educational experiences” that could be heavily dependent on a school district’s local resources.
The meeting is scheduled for 9 a.m. on Thursday. The Committee welcomes public comment upon request but only accepts public comment that is within the scope of the committee.
About the overhaul
The proposed overhaul has been mired with significant public opposition, and could fundamentally change the way public schools in New Hampshire operate by loosening requirements, removing local control, and instituting changes that would conflict with existing laws.
During the public hearing in April, over 200 Granite Staters submitted written public comment on the proposal to amend rules governing the Minimum Standards for Public Schools Approval or ED 306 rules. Of those who responded, 99% opposed the proposal.
Although the reasons for opposition outlined in each of the public comments varied, they did fall into 6 overarching themes:
- Fear that the rules will dismantle the public education system,
- Concern that academic rigor will be decreased,
- An expectation that the experience of NH students will be inequitable across communities,
- Concern that the process to create the draft lacked inclusivity and expertise,
- Recognition that the proposal caused an erosion of local control, and
- Fear that the proposal would decrease the amount of state funding available to support an adequate education.
The State Board voted to send the proposal to JLCAR at their August meeting, despite significant concerns. Now; the panel of lawmakers will review them to ensure that they comply with current laws. The committee could vote to approve them, send them back to the NHED for changes, or issue a preliminary objection, which would pause the process.
