NHSBA Important Notice: New Emergency Order

Dear NHSBA Members -
Yesterday, Governor Sununu issued Emergency Order #64 relative to "Temporary Remote Instruction and Support and Hybrid Instruction for K-12 School Districts".
Emergency Order #64 can be viewed here.
This EO does the following:

1. Extends various Emergency Order impact school districts.

2. Requires school districts to adhere to: "all state and federal special education law requirements, including without limitation the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, in the delivery of instruction and support services pursuant to any offered instructional model, including without limitation, traditional instruction, distance learning, and hybrid models, consistent with US Department of Education Guidance."

3. School districts "...retain the flexibility to provide traditional in-person instruction, distance learning, or hybrid instruction that encompasses aspects of both in-person and distance learning in order to respond to COVID-19 threats in their individual communities. It is expected, however, that schools will operate using in-person instruction to the extent possible based on the factors set forth in the Guidance."

4. "RSA 189:39-b, V and Ed Rule 504.04(f) are suspended for the duration of the State of Emergency declared in Executive Order 2020-04. A school board, in consultation with the superintendent, may offer a One-Year Certificate of Eligibility to an individual in accordance with the provisions of RSA 189:39-b, I-IV without regard to whether the individual has previously received a One-Year Certificate of Eligibility. Any One-Year Certificate of Eligibility issued by the NH Department of Education pursuant to this paragraph 4 shall be effective for one calendar year from the date of issuance."
Upon initial read, this Emergency Order does not direct school board or school districts to do anything additional beyond what has already been developed locally relative to the start of the school year.
In the meantime, NHSBA recommend school boards proceed with previously established plans, or your own local plans as your board may be adopting over the coming days.
NHSBA will provide further information as it becomes available.
Please reach out to myself or NHSBA Staff Attorney Will Phillips if you have any questions.

Barrett M. Christina, Esq.
NHSBA Executive Director
(603) 228-2061

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