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2020 New Hampshire Revised Statutes
Title I - The State and Its Government
Title 21-N - Department of Education
Section 21-N:4 - Duties of Commissioner.
Universal Citation: NH Rev Stat § 21-N:4 (2020)
21-N:4 Duties of Commissioner. –
In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of education, the duties of the office of the commissioner shall include but not be limited to:
I. Establishing the organizational goals of the department and representing the public interest in the administration of the functions of the department of education and being responsible to the governor, the general court, and the public for such administration.
II. Having the authority, subject to the approval of the governor and council, to accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the policy objectives of the department of education as set forth in RSA 21-N:1 and except as prohibited by any other provision of law.
III. Providing for a fair hearings unit within the commissioner's office which shall, when not inconsistent with federal law, conduct all hearings required under the provisions of RSA 186-C or any state or federal law or regulation. Such hearings shall be conducted as adjudicative proceedings as provided in RSA 541-A. The hearing officer, when appropriate and when not inconsistent with state or federal law, shall present proposed findings and recommendations to the commissioner who shall, upon review of the record, issue a final decision in the matter.
IV. Representing the department on boards, commissions, committees, and professional associations, or appointing a designee.
V. Establishing procedures to provide school administrative units with professional staff services, including direct services to school administrative units in improving the effectiveness and efficiency of administrative and instructional services. Such services shall include, but not be limited to, assistance in addressing problems, resolving disputes, and planning for internal reorganization; development of clearer role definitions for superintendents, assistant and associate superintendents, and school boards; and provision of resources and programs for board training and community education regarding school administrative unit functions and board and staff roles and responsibilities.
VI. Planning and applying for federal and other grants on a department-wide basis.
VII. Providing to the secretary of state in August of each year a list or lists of all colleges, universities, and career schools approved or licensed to operate in New Hampshire, all public high schools, and all nonpublic high schools in New Hampshire accredited by a private school accrediting agency recognized by the department of education.
VIII. With the advice of the state board of education, and in consultation with the deputy commissioner, the directors of the affected divisions, and the legislative oversight committee pursuant to RSA 193-C:8, transferring or assigning functions, programs, or services within or between any division. When transfers or assignments are enacted within the department that may require legislative action, the commissioner shall work with the legislative oversight committee to propose legislation supporting such transfers or assignments.
IX. Overseeing and providing, in conjunction with the deputy commissioner, the functions enumerated in RSA 21-N:5, I; RSA 21-N:6; RSA 21-N:7; and RSA 21-N:8.
X. Providing a clearing house for school bus driver and transportation monitor background checks to towns, cities, or other organizations paying for school bus transportation.
In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of education, the duties of the office of the commissioner shall include but not be limited to:
I. Establishing the organizational goals of the department and representing the public interest in the administration of the functions of the department of education and being responsible to the governor, the general court, and the public for such administration.
II. Having the authority, subject to the approval of the governor and council, to accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the policy objectives of the department of education as set forth in RSA 21-N:1 and except as prohibited by any other provision of law.
III. Providing for a fair hearings unit within the commissioner's office which shall, when not inconsistent with federal law, conduct all hearings required under the provisions of RSA 186-C or any state or federal law or regulation. Such hearings shall be conducted as adjudicative proceedings as provided in RSA 541-A. The hearing officer, when appropriate and when not inconsistent with state or federal law, shall present proposed findings and recommendations to the commissioner who shall, upon review of the record, issue a final decision in the matter.
IV. Representing the department on boards, commissions, committees, and professional associations, or appointing a designee.
V. Establishing procedures to provide school administrative units with professional staff services, including direct services to school administrative units in improving the effectiveness and efficiency of administrative and instructional services. Such services shall include, but not be limited to, assistance in addressing problems, resolving disputes, and planning for internal reorganization; development of clearer role definitions for superintendents, assistant and associate superintendents, and school boards; and provision of resources and programs for board training and community education regarding school administrative unit functions and board and staff roles and responsibilities.
VI. Planning and applying for federal and other grants on a department-wide basis.
VII. Providing to the secretary of state in August of each year a list or lists of all colleges, universities, and career schools approved or licensed to operate in New Hampshire, all public high schools, and all nonpublic high schools in New Hampshire accredited by a private school accrediting agency recognized by the department of education.
VIII. With the advice of the state board of education, and in consultation with the deputy commissioner, the directors of the affected divisions, and the legislative oversight committee pursuant to RSA 193-C:8, transferring or assigning functions, programs, or services within or between any division. When transfers or assignments are enacted within the department that may require legislative action, the commissioner shall work with the legislative oversight committee to propose legislation supporting such transfers or assignments.
IX. Overseeing and providing, in conjunction with the deputy commissioner, the functions enumerated in RSA 21-N:5, I; RSA 21-N:6; RSA 21-N:7; and RSA 21-N:8.
X. Providing a clearing house for school bus driver and transportation monitor background checks to towns, cities, or other organizations paying for school bus transportation.
Source. 1986, 41:1. 1989, 49:1, 2. 1994, 379:1. 1998, 389:7, eff. Oct. 1, 1998. 2013, 278:1, eff. July 24, 2013. 2016, 272:2, eff. July 1, 2017. 2017, 190:3, eff. June 30, 2017. 2018, 315:1, eff. Aug. 24, 2018. 2020, 38:34, eff. Jan. 1, 2021.
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