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
(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.
(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
(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
(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
(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
Ed 406.01 Duties of the
(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
(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
(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
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 |