CHAPTER Ed 400  APPROVAL OF NONPUBLIC SCHOOLS

 

Statutory Authority:  RSA 186:11, XXIX; RSA 21-N:9, II

 

PART Ed 401  DEFINITIONS AND SCOPE

 

          Ed 401.01  Definitions.

 

          (a)  “Accrediting agency” means a business or other organization that evaluates schools against a set of criteria determined by the business or other organization.

 

          (b)  "Education program" means a program consisting of subject matter and related learning experiences for the instruction of pupils on a regular or systematic basis, usually for a predetermined length of time which constitutes part of a school's total education curriculum, or serves as the education component of a facility, agency or institution whose primary purpose does not qualify it as a school.

 

          (c)  "Nonpublic school advisory council" (NSAC) means the nonpublic school advisory council established by the state board as set forth in Ed 406.

 

          (d)  "Nonpublic school" means a school established by an individual or group other than the state, subdivision of the state or federal government and whose operation, or any portion thereof, rests with those officials who have not been publicly elected or appointed. The term includes private school”

 

          (e)  "Public school" means a school which is established and operated by a school district, maintained primarily by public funds and which is administered by a school board whose members are elected as provided under the laws of the state of New Hampshire.

 

          (f)  “School” means an educational institution whose primary purpose is the development of individual potential by means of a systematic method of instruction of a defined type comprising:

 

(1)  A single grade or more than one grade group or other identifiable grouping;

 

(2)  A teacher or more than one teacher(s) who guides and supervises the learning experience of pupils; and

 

(3)  An education program leading to the awarding of a diploma or appropriate certificate upon completion of the requirements of the program.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 401.02  Types of Approval.

 

          (a)  In order to be an approved private school, a nonpublic school shall contain some combination of grades K through 12 and comply with the requirements of one of the approval categories in (e).

 

          (b)  A nonpublic school, which has satisfactorily completed the requirements for status of attendance as set forth in Ed 403, shall be approved for attendance (AA) for a period of 3 years; or

 

     (c)  A nonpublic school which meets all requirements for status of attendance and program as set forth in Ed 404 shall be approved for status of attendance and program (AP) for a period of 5 years.

 

     (d)  Schools that consist only of kindergarten and/or pre-school levels shall not be eligible for approval as non-public schools.

 

     (e)  The following school approval categories shall apply to the administration of Ed 400 and be recommended to the state board for one of the following:

 

(1)  Approved, which means that a school meets and continues to meet all requirements of Ed 403 or 404;

 

(2)  Preliminary approved which means that a school meets the requirements of (h) and (i) and Ed 403 or Ed 404;

 

(3)  Conditionally approved which means that a school meets the requirements of (j) and (k) and Ed 403 or Ed 404;

 

(4)  Delay in full compliance which means that a school has received a recommendation in accordance with (m); and

 

(5)  Denied approval which means a school that has failed to meet the requirements of Ed 403 or 404 and failed to be approved after 3 years of being conditionally approved.

 

          (f)  Schools that relocate or add additional facilities shall submit documents specified in (f) based on the new or additional facility.

 

          (g)  Approval shall be terminated by the state board upon receipt of 2 consecutive annual enrollment reports, Form A12C, in which the school reports zero students enrolled.

 

          (h)  A non-public school, which has not been previously approved, shall be granted preliminary approval during its first year of operation when the following conditions have been met:

 

(1)  The department has received documentation of health and safety inspections conducted by the local authorities having jurisdiction and all health and safety violations have been corrected;

 

(2)  All licenses and permits required by state and local authorities have been received;

 

(3)  There are some standards, other than those in (1) and (2) above, which the school is unable to meet prior to opening and which do not prevent the school from adequately meeting the needs of its students; and

 

(4)  A site visit has been conducted by representatives of the department.

 

          (i)  In no circumstances shall preliminary approval extend beyond one school year.

 

          (j)  A nonpublic school which does not meet all of the applicable requirements of Ed 403 or Ed 404 shall be recommended for being conditionally approved for a period of one year provided that:

 

(1)  The school was previously approved and is seeking continued approval pursuant to Ed 403.02 or Ed 404.05;

 

(2)  All identified deficiencies and a timetable for their correction are incorporated into the approval designation; and

 

(3)  Deficiencies related to health and safety of students and or staff are corrected as directed by the authority having jurisdiction.

 

          (k)  In no case shall a school be recommended for being conditionally approved for more than 3 consecutive school years.

 

          (l)  A conditionally approved school which fails to meet the requirements of an approved school within 3 consecutive school years shall be recommended for denied approval.

 

          (m)  A nonpublic school recommended for denied approval shall have 10 days to make a request to the commissioner for a grievance hearing before the nonpublic school advisory council grievance committee in accordance with the provisions of Ed 406.06.

 

          (n)  A nonpublic school shall be considered for a delay in full compliance for up to one year upon receipt of a written recommendation for such delay from the nonpublic school advisory council following a vote of the council.

 

          (o)  The decision from the nonpublic school advisory council shall include:

 

(1)  Identifying requirements not met;

 

(2)  Providing reasons why the school is unable to meet each unmet requirement;

 

(3)  Identifying an expected date of compliance for each requirement; and

 

(4)  Explaining the unique conditions which justify the delay in meeting all state requirements.

 

          (p)  The state board shall hold a rehearing in accordance with Ed 213.02 for one or more of the following conditions:

 

(1)  Additional information has been received which indicates that the school is not eligible for program approval status;

 

(2)  The information submitted by the school as required in Ed 403 or Ed 404 is determined by the state board to be inaccurate, or false; or

 

(3) The NSAC grievance committee misapplied a statute or administrative rule in making its recommendation.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9159, eff 5-16-08; ss by #10360, eff 6-15-13

 

          Ed 401.03  School Year.

 

          (a)  Each non-public school shall maintain a school year consisting of the following number of hours of instructional time:

 

(1)  In kindergarten at least 450 hours;

 

(2)  In grades one through 6, at least 945 hours; and

 

(3) In grades 7 through 12 at least 990 hours.

 

          (b)  Each school shall have in its school year an additional 30 hours in duration to provide for instructional time lost due to inclement weather or unexpected circumstances.  Schools shall use these additional hours to reschedule lost instructional time before requesting a reduction of the amount of instructional time under (g).

 

          (c)  A school may have a shortened day when an emergency condition exists which might adversely affect the health and safety of students, provided that the number of hours of instructional time originally planned for the day shall be credited to the number of hours of instructional time in the school year, if:

 

(1)  On that day, the school would normally have had at least 5.25 hours of instructional time; and

 

(2)  The school remained open for at least 3.5 hours of instructional time.

 

          (d)  There shall be no requirement to reschedule instructional time for kindergarten if morning or afternoon kindergarten sessions are cancelled due to delayed opening or early release for students in grade one or higher.

 

          (e)  A school may submit a plan to the commissioner that will allow the school to conduct instruction remotely for up to 5 days per year when the school has been closed due to inclement weather or other emergency.  The plan shall include procedures for participation by all students.  Academic work shall be equivalent in effort and rigor to typical classroom work.  There shall be an assessment of all student work for the day.  At least 80 percent of students shall participate for the day to count as a school day.

 

          (f)  Lunch time, home room periods, passing time, and breaks shall not be counted toward the required amount of instructional time.  Elementary schools may count up to 30 minutes of recess per day as instructional time for pupils in kindergarten through grade 6.  Advisory periods in middle and high schools shall be counted as instructional time.

 

          (g)  The school year for high school seniors may be reduced by no more than 5 days or 30 hours of instruction, whichever is less, from the number of days or hours of instruction for other high school students.

 

          (h)  The commissioner pursuant to RSA 189:2 shall reduce the required minimum hours of instruction upon written request of the school and a determination by the commissioner that extraordinary circumstances exist that would place an unreasonable burden on the school or students.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96; amd by #7480, eff 4-24-01; ss by #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

PART Ed 402  NONPUBLIC SCHOOLS ELIGIBLE FOR SERVICES

 

          Ed 402.01  State and Federal Program Eligibility.

 

          (a)  Nonpublic schools shall be eligible to participate in state and federally funded programs, including but not limited to:

 

(1)  Child benefit services;

 

(2)  Dual enrollment programs;

 

(3)  Driver education reimbursement;

 

(4)  Child nutrition programs;

 

(5)  Federal education programs; and

 

(6)  Vocational rehabilitation.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

PART Ed 403  APPROVAL OF NONPUBLIC SCHOOLS FOR ATTENDANCE PURPOSES (AA)

 

          Ed 403.01  Application for Initial Approval Status as a Nonpublic School.

 

          (a)  An applicant seeking initial approval as a nonpublic school for attendance purposes (AA) shall be recommended approved status for (AA), if the applicant complies with the following requirements:

 

(1)  Provides a letter of intent to establish a nonpublic school with the department no less than 90 days prior to the proposed date of opening; and

 

(2)  The letter of intent includes the following components:

 

a.  The specific education purpose(s) and objectives to be served by the nonpublic school;

 

b  The school program's philosophic or religious traditions;

 

c.  The relationship between the school program and the community;

 

d.  Program of studies or other document(s) that explain academic content, assessment processes, and promotion requirements for each grade level and high school diploma requirements if applicable;

 

e.  A brief description of the school's supporting services, including but not limited to:

 

1.  Health, including a process for verification of child vaccinations required by RSA 141-C:20-a;

 

2.  Guidance;

 

3.  Library services;

 

4.  Food services;

 

5.  Referral services; and

 

6.  Transportation services including to and from school, field trips, and extracurricular activities;

 

f.  A brief statement indicating how the school complies with each of the statutory requirements of nonpublic schools, stated in RSA 126-U, RSA 141-C:20-a, RSA 189:11, RSA 189:17, RSA 189:19, RSA 189:20, RSA 189:21, RSA 189:64, RSA 193:31, and RSA 198:20-a;

 

g.  A brief statement identifying those practices, if any, adopted by the school in carrying out the intent of RSA 189:10, RSA 189:49, RSA 191:1, RSA 193:1-a, and RSA 200:32; 

 

h.  A brief statement as to how the school shall evaluate the achievement of its stated educational purpose(s) and objectives;

 

i.  Resume or curriculum vitae of each staff member including:

 

1.  Formal education;

 

2.  Professional experience; and

 

3.  Special life experiences that qualify the staff member to carry out the school's educational purposes and objectives and to carry out assigned responsibilities;

 

j.  A brief description of the administrative organization of the school;

 

k.  Policy for storage, security, and disposition of student records;

 

l.  First year budget indicating:

 

1.  Anticipated expenses which shall include but not be limited to:

 

(i)  Facility acquisition;

 

(ii)  Facility maintenance and operations;

 

(iii)  Insurance;

 

(iv)  Salaries and benefits; and

 

(v)  Equipment and supplies;

 

2.  Anticipated revenues; and

 

3.  Sources of revenue;

 

m.  Assurance that persons responsible for the handling of school funds shall be bonded in accordance with the school's governing board policy, if any;

 

n.  An indication of whether the school is incorporated as a nonprofit institution and whether it has federal tax exempt status; and

 

o.  A copy of the school’s grievance policy including but not limited to procedures to address complaints concerning:

 

1.  Bullying;

 

2.  Teacher misconduct;

 

3.  Repayment of tuition when a student leaves the school; and

 

4.  The use of child restraint practices; and

 

          (b)  All applicants shall also indicate:

 

(1)  The educational level(s) to be included in the school’s enrollment such as elementary, middle/junior high or high school, and, if the school is to be ungraded, the applicant shall indicate the approximate age range of the pupils to be enrolled;

 

(2)  The name, telephone number and mailing address of that person authorized to represent the interests of the nonpublic school; and

 

(3)  The location and a brief description of those facilities to be used for school purposes.

 

          (c)  The applicant shall comply with applicable state, local and federal fire, health, and zoning requirements and shall provide documentation from federal, state and/or local officials for such compliance.

 

          (d)  The department shall return for correction requests that include applications that are incomplete, inaccurate, or submitted after July 15th of the year prior to the anticipated opening of the school. 

 

          (e)  The commissioner shall make a recommendation to the state board as provided in Ed 401.02(c).

 

          (f) A nonpublic school recommended for denied approval for attendance purposes shall have 10 business days to make a request to the commissioner for a grievance hearing before the nonpublic school advisory council grievance committee in accordance with the provisions of Ed 406.06.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96; amd by #7480, eff 4-24-01; ss by #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

          Ed 403.02  Application for Continued Approval Status for Attendance Purposes.

 

          (a)  At the conclusion of an approval period, an approved nonpublic school seeking continuation of its approval status of AA shall submit written documentation of the following information:

 

(1)  Any substantive change(s) in the school’s educational purposes and objectives that has occurred since the date of initial operation or the submittal of the last report;

 

(2)  Verification that the school’s facilities comply with all applicable state, local and federal fire and health requirements; and

 

(3)  Citing any new construction or renovations completed since the date of the last school approval designation.

 

          (b)  The department shall review of the information (a) and make a recommendation to the commissioner.

 

          (c)  The commissioner shall make a recommendation to the state board as provided in Ed 401.02(c.)

 

          (d)  A nonpublic school recommended for denied approval for continued status of AA shall have 10 business days to make a request to the commissioner for a grievance hearing before the nonpublic school advisory council grievance committee in accordance with the provisions of Ed 406.06.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95; ss by #6366, eff 10-30-96 , EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

          Ed 403.03  Annual Reports.

 

          (a)  Each nonpublic school shall complete and submit  “General Statistics of Nonpublic Schools”, Form A3N, revised  04/2018, as described in this section with statistics as of the last day of school of the year of filing.  The form shall be completed online at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx by July 15 of each year.

 

          (b)  Each nonpublic school shall complete and submit “Private Fall Enrollments and Staffing”, Form A12C, revised 07/2018, as of October 1 of the reporting year.  The form shall be completed and submitted online at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx by October 15 of each year.

 

Source.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #12726, eff 2-16-19

 

          Ed 403.04

 

Source.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; renumbered by #10360, (see Ed 403.03)

 

          Ed 403.05 - REPEALED

 

Source.  #8263, eff 1-22-05; rpld by #10360, eff 6-15-13

 

PART Ed 404  APPROVAL OF NONPUBLIC SCHOOLS FOR PROGRAM PURPOSES (AP)

 

          Ed 404.01  Application for Initial Approval Status AP of Nonpublic School.

 

          (a)  An applicant seeking initial approval status as a nonpublic school for attendance and program (AP)  shall be recommended for approval, if the applicant complies with the requirements of Ed 403.01 and 404.

 

          (b)  Program approval shall be deemed recognition by the state board that a school’s curriculum, staffing, administration, governance, and facilities meet an approved third party standard for the appropriate delivery of education.

 

          (c)  The applicant shall meet one of the following requirements:

 

(1)  Receive accreditation or approval from an organization that has been recognized by the NSAC in accordance with Ed 405.01; or

 

(2)  Receive program approval through the alternate method for program approval in accordance with Ed 405.02.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

          Ed 404.02  Preparation on Written Material for Initial AP Status.

 

          (a)  A nonpublic school seeking initial AP status shall submit the following written materials to the department to support the school's stated purposes and objectives:

 

(1)  The basis for the program in philosophic or religious tradition or as derived from educational theory or theorist(s);

 

(2)  Academic competencies and personal characteristics the program is designed to develop; and

 

(3)  The characteristics of the student body to be served by this program.

 

          (b)  The nonpublic school shall provide a complete description of its education program which supports the school's statement of purposes and objectives and the educational program.

 

          (c)  The nonpublic school shall demonstrate the relationship described in (b) above as follows:

 

(1)  By describing the process by which the education program of the school has been developed and showing how the school arrives at decisions for the inclusion of courses and activities or other components of the program;

 

(2)  By providing a description of all courses, activities and offerings included as part of the school's education program as defined by the school which shall include the following:

 

a.  A list and a description of the courses offered for credit, noting whether the courses are required or elective;

 

b.  Other parts of the program including, but not limited to opportunity to participate in:

 

1.  Art, music, drama and dance;

 

2.  A work experience related to a specific course or program of study;

 

3.  Experiential learning through travel related to a specific course of program of study;

 

4.  Competitive athletics and/or physical education;

 

5.  Community-based and outdoor/environmental programs; and

 

6.  Special school activities;

 

c.  A description of how the program relates to and serves the local community; and

 

d.  If a residential school, a description of how this aspect of student life is integrated into the program;

 

(3)  By describing all support services which the school includes as part of the education program, including such things as:

 

a.  The advising and counseling system relative to educational, personal and career;

 

b.  Library and media services;

 

c.  Food and health services; or

 

d.  Any programs or activities provided by community agencies, groups, or individuals;

 

(4)  By describing the ways by which the elements of the program encourage and promote those student attitudes, ideals and beliefs identified in the school's statement of purposes and objectives;

 

(5)  By describing the criteria for student selection and admission to the school;

 

(6)  By describing the procedures used by the school in documenting and evaluating student progress, including those methods and policies for reporting such progress to students and parents;

 

(7)  By describing the school's requirements for student promotion to the next higher level, or where applicable, graduation from secondary school; and

 

(8)  By indicating the following relative to student records:

 

a.  What information is included in a student's records file;

 

b.  Where the files shall be located and who shall have access to them; and

 

c.  How the students' records shall be secured against loss or misuse.

 

          (d)  The nonpublic school shall describe what shall be taken into consideration by the school in the selection of staff and provide the following information about each member of the professional staff:

 

(1)  Consistent with the policy of the governing board of the individual school, provide vital statistics, including age, sex and marital status;

 

(2)  Educational background;

 

(3)  Professional experience;

 

(4)  Special skills and other experience; and

 

(5) Teaching assignments including class sizes and school assignments other than teaching responsibilities.

 

          (e)  The nonpublic school shall provide a description of the procedures used by the school for the evaluation of staff performance including those opportunities provided by the school for the orientation, professional growth and development of the staff.

 

          (f)  The nonpublic school shall provide the following information relative to its physical and financial resources:

 

(1)  A description of the school's physical facilities and any off-campus facilities used for the program;

 

(2)  A copy of the school's current approved operating budget and operating statement, which shall clearly demonstrate the availability of resources to support the program as described above; and

 

(3)  A description of the way the operating budget is developed and approved.

 

          (g)  The nonpublic school shall submit evidence of accreditation or approval from an authorized agency that has been recognized by the NSAC and department in accordance with Ed 405.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED: 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

          Ed 404.03  Procedures for Evaluation of  Initial Status Of An AP School.

 

          (a) Upon receipt of the required written materials and reports from schools seeking initial status, the department shall review the materials.

 

          (b)  Incomplete applications shall be returned to the nonpublic school for completion.

 

          (c)  The department shall recommend to the commissioner one of the following:

 

(1)  Initial AP status be granted to the nonpublic school which meets all of the requirements of Ed 404 and Ed 405.01; or

 

(2)  The NSAC conduct a review using the alternative method for initial AP status pursuant to Ed 405.02.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED: 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

          Ed 404.04  Determination of Initial AP Status.

 

          (a)  The commissioner shall make a recommendation to the state board for the appropriate action.

 

          (b)  The state board, after reviewing the recommendation(s) from the commissioner, shall within 45 business days of receipt of such recommendation(s), take any one of the actions described in Ed 401.02(e).

 

          (c)  A nonpublic school recommended for denied approval for initial AP status shall have 10 business days to make a request to the commissioner for a grievance hearing before the nonpublic school advisory council grievance committee in accordance with the provisions of Ed 406.06.

 

          (d)  The state board shall hold a rehearing in accordance with Ed 213.02 for one or more of the following conditions:

 

(1)  Additional information has been received which indicates that the school is or is not eligible for program approval;

 

(2)  The information submitted by the school as required in Ed 403 or Ed 404 is determined by the state board to be inaccurate, or false;

 

(3)  The department misapplied a statute or administrative rule in making its recommendation; or

 

(4)  The department did not follow proper procedures in reviewing the application from the school.

 

          (e)  The commissioner shall notify the nonpublic school of the decision of the state board.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED: 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

          Ed 404.05  Procedures for Continuation of AP Status.

 

          (a)  Approved nonpublic schools seeking continuation of their AP status shall comply with the following:

 

(1)  Complete all of the requirements for continuation of approval status, AA in Ed 403.02;

 

(2)  Notify the commissioner of any substantive change in information on which program approval was based; and

 

(3)  Submit evidence of continued accreditation or approval from an agency recognized in accordance with Ed 405.01.

 

          (b)  Request AP status using the alternative method in Ed 405.02 after meeting requirements in (a)(1) and (a)(2).

 

          (c)  The commissioner shall make one of the following recommendations to the state board:

 

(1)  Approve the nonpublic school for continuation of AP status if it meets the provisions of Ed 404.05(a), designate an approval period as set forth in Ed 401.02(a), and identify the program(s) for which approved status is granted;

 

(2)  Grant conditional approval  provided that the nonpublic school agrees, in writing, to correct deficiencies within 60 days as provided in (d); or

 

(3)  Denied approval of AP status, provided that prior to such denial the school shall have the opportunity for a hearing before the NSAC grievance committee in accordance with (e).

 

          (d)  Prior to recommending conditional approval under (c) the commissioner shall notify the nonpublic school, in writing, of the deficiencies required to be corrected.  If the nonpublic school agrees, in writing, to correct the deficiencies within 60 days, the commissioner shall recommend conditional approval status to the school.

 

          (e)  Prior to recommending denied approval, as provided in (c)(3), the commissioner  shall notify the nonpublic school, in writing, citing deficiencies in the program. The nonpublic school shall have 10 business days to file a request to the commissioner for a grievance hearing before the NSAC grievance committee in accordance with the provisions of Ed 406.06.

 

Source.  #2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; amd by #6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

PART Ed 405  APPROVAL OF A RECOGNIZED AGENCY FOR PROGRAM APPROVAL AND ALTERNATE METHOD FOR PROGRAM APPROVAL

 

          Ed 405.01  Identification of Recognized Agencies for Program Approval.

 

          (a)  Accrediting agencies that want to be considered for recognition shall be identified in one of the following ways:

 

(1)  An accrediting agency may directly request recognition;

 

(2)  A school seeking program approval may request recognition of an accrediting agency; or

 

(3)  A member of the NSAC may request recognition of an accrediting agency.

 

          (b)  Applicants seeking approval from the state board as an agency recognized by the department for program approval shall:

 

(1)  Apply for recognition to the department by submitting a letter of intent and the following:

 

a.  A brief history of the agency;

 

b.  A statement as to the scope of operations, indicating whether it is a regional, national, or state agency;

 

c.  A definition of the purpose, character, and scope of its activities as described in its charter or by-laws and written standards for accreditation or recognition;

 

d.  The agency's organization including its governance and administrative structures, a description of its ownership and control and the type of legal organization, including but not limited to tax-exempt or proprietary;

 

e.  Financial information including its fee structure, current operating statement, and most recent independent certified opinion audit;

 

f.  A description of procedures used in the evaluation of schools by the agency including documentation that a school shall be required to provide, which shall include a visit to verify the written documentation, and who participates in school visitations;

 

g.  Definitions of levels of recognition or accreditation status and written procedures for providing due process in granting, denying, continuing, or revoking accredited or recognized status; and

 

h.  Frequency of evaluation of schools for continued accreditation or recognition; and

 

(2)  Submit documentation of the agency’s accreditation by a recognized accrediting agency.

 

          (c)  Agencies seeking program approval shall have a process for reviewing nonpublic school programs which, at a minimum, evaluates the adequacy for ensuring the well-being of students enrolled based on the following criteria:

 

(1)  School mission statement and educational philosophy;

 

(2)  Governance;

 

(3)  School facilities;

 

(4)  School health and safety programs;

 

(5)  Curriculum;

 

(6)  Staff qualifications;

 

(7)  Admissions process;

 

(8)  Graduation requirements for high schools only;

 

(9)  Process for assessing student performance;

 

(10)  Financial management;

 

(11)  Student support services;

 

(12)  Co-curricular activities;

 

(13)  Parent involvement;

 

(14)  School and community relations; and

 

(15)  Residential life if applicable.

 

          (d)  The NSAC shall review applications for program approval.  If the NSAC finds that the application meets the requirements of Ed 405.01(b) and Ed 405.01(c), it shall recommend the agency to the state board for recognition.

 

          (e)  The board shall review the NSAC recommendation and take one of the following actions:

 

(1)  Upon finding that the application meets the requirements of Ed 405.01(b) and Ed 405.01(c) the board shall identify the applicant as a recognized agency for program approval; or

 

(2)  Disapprove the application if, in the opinion of a majority of board members one or more of the following conditions exist:

 

a. Additional information has been received which indicates that the applicant is not eligible to be a recognized agency for program approval;

 

b.  The information submitted by the applicant as required in Ed 405.01(b) and Ed 405.01(c) is determined by the state board to be incomplete, inaccurate, or false;

 

c.  The NSAC misapplied a statute or administrative rule in making its recommendation; or

 

d.  The NSAC did not follow proper procedures in reviewing the application.

 

          (f)  The department shall publish the list of recognized agencies for program approval at least annually.

 

          (g)  An agency may at any time submit written notification to the department that it does not wish to be recognized. Upon receipt of such a request the department shall remove the agency’s name from the list of recognized agencies and shall notify all schools that have previously been granted program approval through accreditation by the withdrawing agency.

 

          (h)  Program approval status for any school previously accredited by an agency whose name has been withdrawn from the list of recognized accrediting agencies shall remain in effect until the date of expiration of the most recent approval by the state board.

 

          (i)  The NSAC shall review those agencies previously recognized for program approval every 10 years and make one of the following approval recommendations to the board:

 

(1) Full approval for a period of 10 years, if the NSAC finds that the agency meets the requirements of Ed 405.01(b) and Ed 405.01(c);

 

(2)  Conditional approval for a period of 2 to 3 years when deficiencies are found that are not serious enough to warrant non-approval, but are serious enough to warrant attention and review; or

 

(3)  Non-approval.

 

          (j)  The board shall review the NSAC recommendation and take one of the actions enumerated in Ed 405.01(i).

 

          (k)  Previously recognized agencies shall be reviewed by the NSAC prior to the expiration of the most recent approval when information becomes known to the NSAC which indicates:

 

(1)  The agency might no longer be meeting the requirements of Ed 405.01(c); or

 

(2)  The agency has acted in an unfair or unlawful manner in conducting accreditations.

 

          (l)  Agencies that have been recognized for program approval may request to be removed from the list of recognized agencies.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by #12726, eff 2-16-19

 

          Ed 405.02  Alternative Method for AP Status.

 

          (a)  In the event that a nonpublic school is unable to receive accreditation or approval from a recognized program approval agency, the school may submit a written request for AP status to the NSAC for review and recommendation to the state board.  In making such a request, the school shall describe its attempts to seek accreditation from a recognized program approval agency and shall explain why it has been unable to achieve accreditation by a recognized program approval agency.

 

          (b)  The nonpublic school’s request shall include a narrative explanation of all items listed in Ed 405.01(b) and any additional information that the school wishes to have considered by the NSAC.

 

          (c)  If, after reviewing and evaluating the request, the NSAC finds that the non-public school has made a reasonable effort to seek accreditation and warrants further review, the NSAC shall appoint an approval review team which shall conduct an evaluation of the school equivalent to those conducted by recognized program approval agencies.

 

          (d)  The review team shall consist of not less than 3 and not more than 7 members at least one of whom shall be a department employee and at least one of whom shall be an employee of a nonpublic school that is currently approved for program by the state board.

 

          (e)  The review team shall physically visit the nonpublic school and shall evaluate all items listed in Ed 405.01(c).

 

          (f)  The review team shall submit a written report to the NSAC within 45 working days of appointment.  The review team shall recommend approval of the request if it finds that the school meets the criteria in Ed 405.01(c).

 

          (g)  The department shall reimburse review team members for travel expenses associated with conducting the review visit if funds are available.  Review team members shall be reimbursed for travel expenses at the same rate as state employees.

 

          (h)  The NSAC shall take one of the following actions on the recommendations of the review team within 45 working days of receipt of the report from the review team:

 

(1)  Recommend the school for AP status to the state board if, in the opinion of the majority of NSCA members, the school meets the criteria in Ed 405.01(c);

 

(2)  Recommend to the state board that the school be denied approval for AP status if additional information has been received which, in the opinion of the majority of NSAC members, indicates that the school does not meet the criteria in Ed 405.01(c); or

 

(3)  Return the application to the review team if the information in the review team’s report is determined to be incomplete or if it is determined that the review team did not follow the procedures required by Ed 405.02(d), Ed 405.02 (e) or Ed 405.02 (f).

 

          (i)  The NSAC shall notify the non-public school of its findings within 10 working days.

 

          (j)  If the NSAC recommends denied approval of the request for AP status, the non-public school may, within 10 business days of notification of the recommendation for denied approval, request a hearing before the state board to submit evidence in support of its request for status pursuant to Ed 200.

 

(k) The state board shall hold a rehearing in accordance with Ed 213.02 for one or more of the following conditions:

 

(1)  Additional information has been received which indicates that the school is not eligible for program approval status;

 

(2)  The information submitted by the school as required in Ed 405 is determined by the state board to be inaccurate, or false;

 

(3) The NSAC misapplied a statute or administrative rule in making its recommendation; or

 

(4)  The NSAC did not follow proper procedures in reviewing the application from the school.

 

Source.  #9753, eff 7-10-10; ss by #10360, eff 6-15-13

 

PART Ed 406  ESTABLISHMENT OF THE NONPUBLIC SCHOOL ADVISORY COUNCIL

 

          Ed 406.01  Duties of the Nonpublic School Advisory Council.

 

          (a)  The NSAC shall carry out those duties assigned to it by the state board.  The council shall work with nonpublic schools to encourage and develop private schooling in New Hampshire.

 

          (b)  Assigned areas of responsibility shall include, but not be limited to the following:

 

(1)  Developing and maintaining effective communications between nonpublic schools and those state and local agencies involved in the approval process;

 

(2)  Offering consultant assistance in the implementation of the school approval requirements;

 

(3)  Recommending to the commissioner and state board desired changes in the rules for the approval of nonpublic schools;

 

(4)  Explaining the availability of nonpublic school services in the state; and

 

(5)  Investigating grievances submitted under the provisions of Ed 403.01(f), Ed 403.02(d), Ed 404.04(d) and Ed 404.05(e) and making appropriate recommendations to the commissioner.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.02  Membership Selection.  Membership on the NSAC shall consist of 21 members as follows:

 

          (a)  Eleven members representing New Hampshire's nonpublic schools appointed by the commissioner upon nomination of the NSAC;

 

          (b)  The commissioner shall appoint 4 members representing the department, one member to be designated by the commissioner as the council's executive secretary;

 

          (c)  The commissioner shall appoint one public school administrator.

 

          (d)  The commissioner shall appoint 2 citizens interested in nonpublic school education but not affiliated with a nonpublic school or state agency;

 

          (e)  The commissioner of health and human services shall appoint one member representing children, youth and families;

 

          (f)  The commissioner of health and human services shall appoint one member representing community and public health; and

 

          (g)  The commissioner of health and human services shall appoint one member representing youth development services.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.03  Rotation of Membership and Term of Appointment.

 

          (a)  The term of appointment shall be 3 years.  The commissioner shall make a minimum of 3 appointments annually.  Terms of appointment as provided in this paragraph shall end on June 30 of the year in which the term is completed.  The conduct of business shall not depend upon the maintenance of full council membership.

 

          (b)  In the event of vacancies, the commissioner shall appoint replacements at the time such vacancies occur.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.04  Records of the Advisory Council.  The records and minutes of the NSAC shall be filed and maintained in the department.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.05  Funding and Support of Council Activities.  The members of the NSAC shall serve without compensation.  Subject to available funds, the state board shall financially support the activities of the council to cover expenses including but not limited to mileage and cost associated with holding a statewide conference.  The chairperson of the council shall present budget requests to the state board biennially.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.06  Grievance Committee.

 

          (a)  The grievance committee shall be a subcommittee of the NSAC appointed by the chairperson, consisting of at least 5 and no more than 9 members, a majority of whom shall be representatives of private schools.  One member of the grievance committee shall be appointed by the chairperson to preside at grievance conferences.

 

          (b)  The grievance committee shall hear all grievances referred to it by the commissioner pursuant to the provisions of Ed 403.01(f), Ed 403.02(d), Ed 404.04(d) and Ed 404.05(e)

 

          (c)  The grievance committee shall keep a written account of its investigations and shall submit such an account, together with its findings, to the commissioner within 30 days of the commissioner's referral.

 

Source.  #4961, eff 10-26-90; amd by #5409, eff 6-18-92; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.07  Request for Grievance Conference.  Any nonpublic school may request a grievance conference and have such request acknowledged as follows:

 

          (a)  Such request shall be in writing to the commissioner;

 

          (b)  The request shall state in detail the reasons for the request for a grievance conference and name the parties involved;

 

          (c)  The commissioner shall notify the requestor within 5 days in writing that he/she has scheduled a grievance conference in accordance with Ed 406.08 or that he/she requires additional information to clarify the issues;

 

          (d)  The requestor shall have 10 days from receipt of the commissioner's request for additional information to respond with the requested information; and

 

          (e)  The commissioner shall, upon receipt of the requested information, schedule a grievance conference in accordance with Ed 406.08.

 

Source.  #5409, eff 6-18-92; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 406.08  Grievance Conference.

 

          (a)  Upon receipt of a request pursuant to Ed 403.01(f), Ed 403.02(d), Ed 404.04(d) and Ed 404.05 (e) or concerning an action taken under these rules, the commissioner shall notify the chairperson of the NSAC of the request for a grievance conference, and the grievance conference shall then proceed in accordance with this section.

 

          (b)  Within 5 days of the commissioner's notification of a request for a grievance conference, the chairperson shall schedule the conference with the parties to the grievance.

 

          (c)  At the conference, each party shall be prepared to consider:

 

(1)  The simplification of the issues and an agreement of facts;

 

(2)  Possibility of settlement; and

 

(3)  Such other matters as may aid in disposition of the action.

 

          (d)  Parties to a grievance may be represented at the conference by counsel.

 

          (e)  At the grievance conference the grievance committee shall interview the parties to the grievance to attempt to reach a settlement on the facts of the grievance.

 

          (f)  The grievance committee shall present its findings on unresolved grievances or report on the proposed settlement reached by the parties to the commissioner within 10 days of the conference.

 

          (g)  Any settlement reached at a grievance conference shall be subject to review by the commissioner and shall not be implemented unless it is consistent with these rules and with applicable statutes.

 

          (h)  The findings shall list the pertinent facts found by the committee.

 

          (i)  The commissioner shall notify the parties of the issues agreed to and/or what issues remain unresolved.  The notice shall state the parties have 10 business days from receipt of the committee's findings on unresolved issues to request a hearing pursuant to the provisions of Ed 200.

 

Source.  #5409, eff 6-18-92; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

PART Ed 407  RETENTION OF STUDENT RECORDS

 

          Ed 407.01  Student Records.

 

          (a)  Each non-public school shall permanently maintain individual student records that include:

 

(1)  Pupil registers as required by RSA 189:27-a that include the following information:

 

a.  Name;

 

b.  Sex;

 

c.  Date of birth;

 

d.  Place of birth;

 

e.  Town of legal residence; and

 

f.  Parent/guardian contact information;

 

(2)  Transcripts of academic performance; and

 

(3)  Record of award of high school diploma including the date of award.

 

          (b)  In the event of a school closing or termination of operations, the school shall notify the department where student records shall be maintained permanently, or the school shall deposit these records with the department.

 

          (c)  Records shall be maintained in a format determined by the school.

 

Source.  #4961, eff 10-26-90; EXPIRED 10-26-96

 

New.  #6366, eff 10-30-96, EXPIRED: 10-30-04

 

New.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by #12726, eff 2-16-19

 

PART Ed 408  GRIEVANCE PROCEDURES

 

          Ed 408.01  Definitions.

 

          (a)  “Abuse” means causing:

 

(1)  Intentional physical injury to a student;

 

(2)  Physical injury to a student by other than accidental means; or

 

(3)  Psychological injury to a student so that the student exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect.

 

          (b)  “Approved nonpublic school” means a nonpublic school that has been approved by the department in accordance with Ed 401.02.

 

          (c)  “Day” means calendar day.

 

          (d)  “Governing body” means an approved nonpublic school’s board of directors, board of trustees, or executive board or person with responsibility to supervise and control the school.

 

          (e)  “Grievance” means a complaint based on:

 

(1)  A pattern of failure to respond to accusations of abuse or neglect of any student(s) by a teacher or administrator employed by an approved nonpublic school or by a volunteer serving at such school; or

 

(2)  A pattern of failure to respond to accusations of harassment of any student(s) by a teacher or administrator employed by an approved nonpublic school or by a volunteer serving at such school.

 

          (f)  “Neglect” means the failure to provide care or control necessary for a student’s physical, mental, or emotional health in the school setting, when it is established that the student’s health has suffered or is very likely to suffer serious impairment.

 

          (g)  “Parent” means:

 

(1)  Natural or adoptive parent;

 

(2)  Legal custodian or guardian; or

 

(3)    Surrogate parent.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.02  Grievance Procedures; Request for Administrative Due Process Hearing.

 

          (a)  A parent of a child attending an approved nonpublic school with a potential grievance against the school shall request a meeting with the governing body of the school to resolve the issue.

 

          (b)  The parent may request a due process hearing as provided in Ed 408.03, only after all timely internal school grievance processes are exhausted under (a) above, and the parent and the governing body are not able to resolve the issue.

 

          (c)  A request for an administrative due process hearing shall be mailed or hand delivered to:

 

New Hampshire Department of Education

Office of Legislation and Hearings

101 Pleasant Street

Concord NH 03301-3860

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.03  Scheduling of Administrative Due Process Hearings; Pleadings; Order of Notice.

 

          (a)  If a parent requests an administrative due process hearing under Ed 408.02, the department shall schedule and hold a hearing in accordance with Ed 200, unless otherwise provided in Ed 408.03 – Ed 408.09.

 

          (b)  Within 10 business days of the receipt of the request for a hearing, the hearing officer shall begin the hearing process by issuing an order of notice in accordance with Ed 209.02.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.04  Continuance and Rescheduling of the Hearing; Consequences of Default.

 

          (a)  Upon good cause shown, including but not limited to illness, accident, or death of a family member, the hearing officer shall continue the hearing and reschedule it for a date later than that shown in the order of notice but in no case shall the continuance be granted for more than 15 days.  Notice of the continuance shall be made in writing to all parties except that if the continuance is granted less than 3 days before the scheduled hearing date, notice shall be made by telephone followed by notice in writing.

 

          (b)  Any party who has been served notice in accordance with Ed 408, who fails to appear and who fails to obtain a continuance from the hearing officer prior to the scheduled time of the hearing, shall have a decision rendered against that party if the interests of justice will be served by such action.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.05  Proposed Written Decision of Hearing Officer.  The hearing officer shall render a proposed written decision at least 10 calendar days subsequent to a hearing.  The proposed written decision shall list the pertinent facts found by the hearing officer in accordance with Ed 210.01 and Ed 212.01.  A copy of the proposed written decision shall be mailed by certified mail, return receipt requested, to all parties named in the order of notice.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.06  Appeal of State Board Decision.  Any party aggrieved by the decision, may appeal the decision of the state board to a court of competent jurisdiction within 30 days of the decision. Pending appeal, the nonpublic school shall continue to operate.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.07  Revocation and Probation.

 

          (a)  A written petition to the state board to revoke a nonpublic school’s approval status may be made by the parent of any pupil currently attending that school, alleging that the school refused to implement a decision of the state board, after conclusion of a due process hearing under Ed 408.

 

          (b)  After 30 days’ notice has been provided to all affected parties, the state board shall revoke a nonpublic school’s approval prior to the expiration of its term if the board determines, after a hearing, that the school has refused to implement a decision of the state board as provided in (a) above.

 

          (c)  Before revoking a nonpublic school’s approval, the state board shall consult with the nonpublic school’s governing board on the development and implementation of a corrective action plan.

 

          (d)  The state board shall place a nonpublic school on probationary status for up to one year to allow the implementation of a corrective action plan. If the board determines after the expiration of the probationary status that the plan was not successfully implemented, the board shall revoke its approval of the nonpublic school.

 

          (e)  Nothing contained in this section shall prevent the state board from immediately suspending a nonpublic school approval status in circumstances posing an immediate or ongoing danger to life or safety, provided that the state board shall commence a hearing on the suspension within 10 days of issuing the suspension order.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.08  Appeal of Decision of State Board.  Any party aggrieved by a decision of the state board may appeal the decision to a court of competent jurisdiction within 30 days of the decision.  Pending appeal, the nonpublic school shall continue to operate.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

          Ed 408.09  Public Notice of Revocation of Approval.  If the state board revokes approval of a nonpublic school, it shall provide public notice of such revocation by the following means:

 

          (a)  Posting of the notice of revocation on the website of the department;

 

          (b)  Causing a notice of the revocation to be published in a newspaper of general circulation in the area in which the nonpublic school is located; and

 

          (c)  Requiring the nonpublic school to send a copy of the notice of revocation to all the parents of students attending the school.

 

Source.  #8263, eff 1-22-05; ss by #10360, eff 6-15-13

 

APPENDIX

 

RULE

STATUTE IMPLEMENTED

 

 

Ed 401 - 407

RSA 186:11, XXIX

Ed 402

RSA 186:11, XXIX

Ed 403

RSA 186:11, XXIX

Ed 403.01(a)(2)e.1.

RSA 141-C:20-a

Ed 403.01(a)(2)f.

RSA 126-U, RSA 141-C:20-a, RSA 189:11, 189:27a:17, RSA 189:19,

RSA 189:20, RSA 189:21, RSA 189:64, RSA 193:31, and RSA 198:20-a

Ed 403.01(a)(2)g.

RSA 189:10, RSA 189:49, RSA 191:1, RSA 193:1-a, and RSA 200:32

Ed 404

RSA 186:11, XXIX

Ed 405

RSA 186:11, XXIX

Ed 406

RSA 21-N:9, II(f)

Ed 407

RSA 189:27a

Ed 408

RSA 186:11, XXIX-a