Re-Adopted by the State 3-14-06
Document #8583, Effective 3-15-06
PART Ed 316 PROCEDURE TO MARK DRUG-FREE SCHOOL ZONE.
Section Ed 316.01 Purpos.
Section Ed 316.02 Definition.
Section Ed 316.03 Scope and Applicatio.
Section Ed 316.04 Map of Drug-Free School Zon.
Section Ed 316.05 Specifications for and Posting of Sign.
Ed 316.01 Purpose . The purpose of these rules is to establish procedures whereby drug-free school zone signs are posted.
Ed 316.02 Definitions .
(a) "Approved school bus" means a school bus which meets all the criteria established in RSA 259:96 and complies with the provisions of Saf-C 1301.
(b) "Drug free school zone" means "drug free school zone" as defined in RSA 193-B:1, II.
(c) "Local police authority" means police officers having jurisdiction over drug enforcement and appointed by the governing body of the town or city.
(d) "School administrative Unit (SAU)" means "school administrative unit" as defined in RSA 186:11, I.
(e) "School" means "school" as defined in RSA 193-B:1, III.
(f) "School property" means "school property" as defined in RSA 193-B:1, IV.
(g) "School bus drug-free zone" means the interior of an approved school bus.
(h) "Temporary drug-free school zone" means an area which extends to 1,000 feet surrounding a facility which is not a school as defined in (e) above but which is used by a school for the duration of the school's instructional program.
Ed 316.03 Scope and Application . Each SAU shall, in consultation with local police authorities, establish the boundaries of each permanent drug-free school zone in conformity with RSA 193-B:3 and shall post such zone in accordance with these rules.
Ed 316.04 Map of Drug-Free School Zone .
(a) Each SAU, in consultation with local police authorities, shall prepare a map indicating the boundaries of each permanent drug-free school zone within the SAU.
(b) The drug-free school zone shall be measured beginning at the real property boundary of each school.
(c) In the absence of a legally definable established boundary or where a boundary is unclear, the SAU, for the purposes of this rule, shall establish the real property boundary to be 500 feet from the school building.
(d) The drug-free school zone shall extend to 1,000 feet from the real property boundary.
(e) Each school board within the SAU shall approve a map developed in accordance with (a) through (d) above for each school within its district.
(f) Each SAU shall, in accordance with RSA 193-B:3, publish and make available copies of such map indicating the boundaries of the drug-free school zone.
(g) Such maps shall be posted, pursuant to RSA 193-B:3, in a prominent place in the district or municipal court of jurisdiction, the local police department, and in each school within the SAU.
Ed 316.05 Specifications for and Posting of Signs.
(a) The department of education shall provide for the manufacture of 3 signs per school and steel post for each sign used to mark each permanent drug-free school zone. Each SAU shall be responsible for posting and maintaining 2 signs per permanent drug-free school zone and one sign to be used to post a temporary drug-free school zone. If an SAU requires replacement signs, such signs shall be available from the department of education. If an SAU acquires additional signs, such signs shall be manufactured and posted in accordance with Ed 316.
(b) Such signs shall be posted at the main entrance to the school grounds and at the main entrance to the school building. The local police authority and the school principal and/or superintendent of the SAU shall determine where the sign at the main entrance to the school grounds shall be posted and shall post each sign in accordance with the Manual on Uniform Traffic Control Devices.
(c) Each school bus shall have installed in and on an interior surface at the front of the bus, forward of the passenger seating area, a drug-free school zone sign. The department of education shall provide for the manufacture of one sign for each school bus in operation as of October 30, 1996 . If an SAU acquires additional busses, signs shall be provided by the department and posted in accordance with this rule.
(d) The school principal or designee shall be responsible for placing one sign at the temporary drug-free zone location and for assuring that a temporary drug-free school zone sign shall be affixed, fastened, or attached to the exterior of the facility being utilized. If the temporary drug-free zone does not include a building the sign shall be attached to a temporary post placed at the entrance to the facility. Such sign shall be posted for at least 1/2 hour before, during, and 1/2 hour after the facility is used as a temporary drug-free school zone. Posting of the drug-free school zone sign at a temporary school zone shall be subject to permission by the owner if the facility is privately owned.