CHAPTER Hedc 300 OFFICE OF CAREER SCHOOL LICENSING
REVISION NOTE:
Pursuant
to 2011, 224:149, II(b) and III, effective 7-1-11, rules in Chapter Pos 1100
entitled “Licensing of Private Postsecondary Career Schools”, last filed by the
Postsecondary Education Commission, were transferred to the Higher Education
Commission. The Higher Education
Commission subsequently filed Document #10520, effective 2-12-14, which
readopted with amendments and renumbered Chapter Pos 1100 as Chapter Hedc 300
entitled “Office of Career School Licensing.”
Document #10520 supersedes
all prior filings of the Postsecondary Education Commission affecting the rules
in the former Chapter Pos 1100. The
prior filings affecting the former Chapter Pos 1100 are explained below.
Prior to Document #10520,
the Postsecondary Education Commission had last filed the rules in Pos 1100
under Document #8221, effective 12-16-04, and Document #8525, effective
12-20-05, had subsequently readopted with amendments Pos 1103.06 and Pos
1112.01.
The filing prior to Document #8221 had
been Document #6398, effective 12-16-96, which had readopted with amendments
Chapters Pos 200 through Pos 700 and adopted Chapters Pos 800 and Pos 900. Document #6398 had also readopted with
amendments and renumbered Chapters Pos 1300 and Pos 1400 as Chapters Pos 1000
and Pos 1100, respectively, with the exception of rule Pos 1305.03. Rule Pos 1305.03 had been entitled
"Closed Courses", and was not readopted or repealed by Document
#6398. It remained in effect and was editorially
renumbered as rule Pos 1005.03. This
rule had last been filed under Document #5187, effective 7-23-91, and expired
7-23-97.
With the exception of rule Pos
1005.03, Document #6398 had superseded all prior filings for the rules in
former Chapters Pos 1300 and Pos 1400.
The filings prior to Document #6398 affecting these former chapters
included the following documents:
#2291-a(E), effective 1-4-83 -
Emergency Rule
#2353, eff 4-27-83
#2763, effective 6-21-84 (only Pos
1400)
#3003, effective 4-23-85 (only Pos
1300)
#3036, effective 6-17-85
#5026, effective 12-19-90 (only Pos
1300)
#5187, effective 7-23-91 (only Pos
1300)
#5189, effective 7-23-91 (only Pos
1400)
#5805, effective 3-29-94 (only Pos
1400)
PART Hedc 301 APPLICABILITY
Hedc 301.01 Career Schools Under Commission
Jurisdiction. These rules shall
apply to schools under the higher education commission jurisdiction, including
any school undergoing an acquisition, merger, or transfer or sale of assets,
except for those career schools identified in RSA 188-G:1, II.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
PART
Hedc 302 DEFINITIONS
Hedc 302.01 Definitions. Terms as defined in RSA 188-G:1 shall be
utilized in these rules in addition to the following:
(a)
“Accrediting agency” means an accrediting agency that is recognized by
the United States Secretary of Education;
(b)
“Applicant” means a person, board, association, partnership, corporation
or other entity seeking authorization to operate a school or provide
occupational instruction qualifying an individual for employment. In the case of an application by a subsidiary
of a corporation, the applicant includes the parent corporation;
(c)
“Annual gross tuition” means the total amount collected for tuition by
the school for its applicable vocational courses and programs during its most
recently completed fiscal year;
(d)
“Attorney General” means the NH department of justice;
(e)
“Branch” means a separate organizational subdivision of a school located
at a different facility and geographical site than the main campus and which
has administrative functions;
(f)
“Business to business” means the contractual agreement between the
school, business or entity in which payment is made directly to the school by
the business or agency;
(g)
“Course” means a sequence of units of instruction in a given subject
area which may be a component of a program or may lead to a certificate;
(h)
“Curriculum” means the academic content taught in a specific program or
course;
(i)
“Method of delivery” means how academic curriculum is delivered to
students, including, but not limited to, classroom, online distance learning,
clinical, internship, externship, simulation, and home study;
(j)
“Program” means a sequence of courses, over a period of time, which
leads to a certificate;
(k) “Satellite” means an additional
location away from the main licensed campus without an administrative function;
(l)
“School” for the purposes of this chapter means licensed career school;
(m) “School closure” means a school
exiting New Hampshire, closing its doors, or changing programs making it exempt
from career school licensing rules; and
(n)
“Teach-out” means the continuation of instruction to complete the
program or course whenever the school discontinues operations.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
PART Hedc 303
LICENSURE
Hedc
303.01 Initial License Criteria.
(a)
In order to receive a 2-year license to operate a private postsecondary
career school, prior to soliciting students for enrollment, said school shall:
(1)
Be reviewed and have an on-site visit conducted by the office of career
school licensing (office) to determine if all standards are met as specified in
Hedc 303.03-303.04;
(2)
Provide proof of registration with the New Hampshire secretary of state;
(3)
Complete and file an “Initial Licensure Application” form, June 25,
2018, at least 90 days prior to advertising or beginning instruction, and
includes:
a.
The school’s purpose and mission or a copy of the bylaws;
b.
Administrative responsibilities and authority documented in an
organizational chart;
c.
A description of credentialing requirements for faculty, if applicable,
and a statement assuring that the faculty meets those requirements, including,
but not limited to:
1.
Age requirements;
2.
Years of experience either in the field, teaching, or both; and
3.
Hold and maintain current, valid, state permits or licenses required to
practice the trade being taught
d.
A description of facilities used for educational instruction which, upon
inspection, shall be of a size which is
determined to be adequate and conducive to learning and contain all equipment,
furnishings, and supplies necessary for the instruction of the program(s) or
course(s) offered;
e.
A facility safety plan; and
f.
All applicable inspection reports, to include, at a minimum, a report
from the local fire chief or the state fire marshal’s office;
(4)
Remit a licensure fee as specified in Hedc 304.06; and
(5)
Receive an approval letter from the commissioner of education.
(b)
In the event of
a change to any of the information listed in Hedc 303.01(a)(1)-(3), the school
shall provide the following to the office 30 days prior to the change:
(1)
An explanation of the change;
(2)
Any fee associated with the change as specified in Hedc 304.06; and
(3)
Documentation to support the school’s notification of change, as
outlined in Hedc 303.01.
(c) Any change shall be subject to review or on
site visit by the office within 15 business days of receipt of the change
documentation as listed in Hedc 303.01(b).
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
Hedc
303.02 Renewal Application. Every 2 years an applicant seeking license
renewal shall complete and submit a “License Renewal Application” form, June 25, 2018, along
with the school’s annual filing fee in accordance with Hedc 304.06 at least 90
days prior to the expiration of the current license. Such renewal application shall comply with
all criteria set forth in Hedc 303.01.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
Hedc
303.03 Educational Program.
(a) Each program or course shall:
(1) Reflect and support the purpose and mission of
the school;
(2) Provide a sequence of subjects or courses
leading to competency in the respective area or field of study;
(3) Allow students to receive instruction in all
subjects for the number of instructional hours as advertised in the school's
catalog; and
(4) Define and measure the
knowledge, skills, and competencies students have acquired as aligned with their school’s
policies and procedures.
(b) Alternative delivery, as defined in RSA
188-G:1(a), instruction or hybrid formats shall comply with all program and
course standards listed in Hedc 303.03(a) and faculty qualifications listed in
Hedc 303.01(a)(3)c.
(c) The school shall notify the office of new
methods of delivery, courses, and programs by providing the office with the
information listed in Hedc 304.01 30 days prior to publishing in the school
catalog, on the school’s website, or both.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18 (formerly Hedc 304.03)
Hedc 303.04 Annual Filing.
(a)
For the purposes of calculating a school’s licensing fee, as well as
assurance that a school has the financial resources to operate, a school shall
complete and submit an “Annual Filing Form”, June 25, 2018, 45 days prior to
the school’s annual filing date.
(b)
The school shall provide the following on the “Annual Filing Form”, as
revised, June 25, 2018:
(1) Name of school;
(2) A signed annual gross tuition statement, as
defined in Hedc 302.01(c); and
(3) A signed assurance statement by an officer of
the school.
(c) A school shall submit notarized proof of
surety indemnification in the form of a bond, an irrevocable letter of credit,
or a term deposit pursuant to RSA 188-G:3.
(d) The office shall conduct a financial review
if the office has reason to believe:
(1) The school’s financial status has changed;
(2) The financial information submitted is
incorrect; or
(3) There is
cause to question the financial status of the school.
(e) A school shall remit an annual renewal
licensure fee in accordance with the fee schedule in Hedc 304.06.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
PART
Hedc 304 BUSINESS PRACTICES
Hedc 304.01 Student Protection and Disclosures. Before requiring students to provide any
identifying information, schools shall, at a minimum, make the following items
publicly available in the school catalog, on the school’s website, or both:
(a)
Admission requirements, including any prerequisite training required for
admission and a profile that enumerates the background and abilities of
prospective students;
(b)
Beginning and ending dates, or rolling enrollment procedures, of each
program or course, that includes add or drop dates, if applicable, examination
periods, calendar of holidays and other dates important to the completion of
the program or course;
(c)
A list and description of programs, courses, or both, to include
objectives, length, and curriculum offerings at each school location;
(d)
A description of school’s grading system for necessary student outcomes
and requirements for completion and graduation;
(e)
A withdrawal and refund policy to include, at a minimum, the following
statements:
(1) All refunds shall be paid within 30 days upon
written notification from a student of cancellation or withdrawal; and
(2) Students receiving benefits from federal
programs shall be subject to federal refund policies, rules and regulations;
(f)
A schedule of tuition, fees, and all other charges and expenses
necessary for completion of the course of study;
(g)
Policies related to transferability of credit; and
(h)
Student complaint process.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
Hedc 304.02 Ethical Business Practices.
(a) A school or its representative shall not make
guarantees regarding employment to prospective students.
(b)
Certificates shall be issued within 30 days of the completion date of
the course or program to those students who have met all of the completion
requirements, including tuition payment of the applicable course of study.
(c) A school shall not falsely mislead
the public as to its name, nature of business, facilities, and equipment and
shall not engage in fraudulent or deceitful practices in dealing with students
or the public.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
Hedc 304.03 Tuition Policy. Tuition
and fees shall be offered and administered in a non-discriminatory manner in
that:
(a)
A school and its approved branch or
satellite shall charge students enrolled in the same program or course a
uniform rate of tuition and other fees, provided nothing herein shall prevent a
school from making a uniform change in tuition or other fees in new enrollment
agreements;
(b) Nothing shall prevent the school from
negotiating business to business, contractual agreements for different rates of
tuition and fees; and
(c) The tuition charged per unit shall not be
increased for the term of the contract or enrollment agreement.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
Hedc
304.04 Student Records.
(a)
For the purposes of this section, the following definitions shall apply:
(1) “Instructor hours” means number of hours that
instructors deliver live training in a lecture or classroom format, as an
interactive workshop, as a demonstration with the opportunity for learners to
practice, or virtually, using video-conferencing tools; and
(2)
“Self-study hours” means
study conducted by a student inside or outside of the
classroom without necessitating the presence or interaction of an instructor,
and does not include homework assigned outside of the designated course or
program self-study hours.
(b)
At a minimum, a school shall maintain current, complete, and accurate
student records of the following documents in a safe and secure environment for
a minimum of 3 years:
(1) A copy of the student's signed enrollment agreement to include, at a minimum:
a. A detailed
schedule of program or course hours, including, but not limited to, any one or
more of the following:
1. Instructor hours; and
2. Self-study hours;
b. A detailed
tuition and fee schedule; and
c. A
statement for students to sign and date stating they have received and read
school policies;
(2) Records
of student progress reports that include information on classroom attendance
and performance;
(3) A copy of
the results of any enrollment evaluation or examination; and
(4) A record
of all monies charged, owed, and paid.
(c) Student records shall include a unique
identifier such as date of birth, last 4 digits of the student’s social
security number or an assigned student identification number.
(d)
Records of students shall be open for inspection to the office during
site visits to the school.
(e) A school shall permanently maintain student
transcripts or certificates.
(f)
Any changes to the original enrollment agreement shall be made in
writing and signed by both school and student.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18 (formerly Hedc 304.07)
Hedc
304.05
Schools Undergoing Closure, Acquisition, Sale, Merger, or Transition
to Exempt Status.
(a) Any school that plans to close shall notify
the office no less than 30 days prior to the closing date and the office shall
respond within 10 business days requesting a transition plan and timetable that
addresses the closure including, but not limited to:
(1) One original transcript or certificate and an
electronic copy of each for all current and former students who were enrolled;
(2) One original or electronic copy of catalogs
for each year in existence;
(3) Public disclosure and student notification;
(4) A plan for discontinuation of programs or
courses;
(5) Student records including a unique
identifier such as date of birth, last 4 digits of the student’s social
security number or an assigned student identification number;
(6) Teach-out schedule detailing program or course
completion; and
(7) Any correspondence to and from accrediting
agencies in regards to closure.
(b) Any school undergoing an acquisition, sale,
or merger shall provide to the office a transition plan and timetable
including, but not limited to:
(1)
Correspondence to and from an accrediting agency, if applicable; and
(2)
Any changes to the information as required in Hedc 303.01-303.04.
(c) Any school transitioning from non-exempt to
exempt status shall provide to the office a transition plan and timetable that
addresses the change in status, including, but not limited to:
(1)
A list of programs or courses and their objectives, length and tuition;
(2) Identification of the exemption criteria used
to support the exempt status pursuant to RSA 188-G:1, II(a)-(k); and
(3) Supporting documentation for meeting the above
exemption criteria.
(d) Any school meeting any of the criteria
specified in Hedc 304.05 (a), or (b) shall remit a fee as indicated in Hedc
304.06.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18 (formerly Hedc 303.03)
Hedc
304.06 Fees.
(a)
Pursuant to RSA 188-G:2 IV, fees for the office shall be in accordance
with the fee schedule in Table 304-1, Career School Licensing Fee Schedule as
follows:
Table
304-1 Career School Licensing Fee Schedule
Action |
Fees |
Initial
Licensing |
$1,000
|
Annual
Renewal Licensure Fee, based on annual gross tuition – (AGT) |
|
$75,000 or less |
$450 |
$75,001 or more |
.006
of AGT |
New
Course(s) |
$75
per course/$750 max |
New
Program(s) |
$750/$75
per course, whichever is less |
Governance
- Acquisition, Merger, Transfer, Or Sale Of Assets |
$650 |
School
Closure |
$250 |
Closed
School Transcripts |
|
Transcript request fee per transcript |
$20 |
Stipends |
|
External consultant review |
$500
per day plus expenses |
(b) Applicable fees shall be paid by check or
money order made payable to “Treasurer, State of New Hampshire.”
(c) In the event of a financial hardship beyond
the school’s control, upon receipt of a hardship request in writing, closure
fees shall be waived upon verification by the director of said hardship. Such determination shall be made within 30
days of the receipt of the written request.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
PART Hedc 305 COMPLAINT PROCESS
Hedc
305.01 Who May File a Complaint.
(a) Any person who has a complaint against a
school who has first sought redress directly from said school through its
complaint process, and said process has been completed and was found to be in
favor of the school, may file a complaint with the office.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18 (formerly Hedc 308.01)
Hedc 305.02 Misconduct Sufficient to Support a
Complaint. Misconduct sufficient to
support a complaint shall include any violation of any statute or rule which is
administered by the commission.
Source.
#12644, eff 10-11-18
Hedc
305.03 Complaint Form. Complaints shall be filed with the office by
completing and submitting the online “Complaint Form”, 2015 edition at https://my.doe.nh.gov/ESSWEB/HigherEducation/Complaint.aspx.
Source.
#12644, eff 10-11-18
Hedc 305.04 Timeframe for Filing a
Complaint. Complaints shall be filed
within 3 years of the scheduled start date of the course or program that is the
subject of the complaint.
Source.
#12644, eff 10-11-18
Hedc 305.05 Receipt and Review of
Complaints.
(a) Upon receipt of a complaint, the office shall
determine whether or not the complaint has merit to commence an investigation.
(b) The office shall acknowledge receipt of the
complaint by written notification within 10 business days. A copy of said written notification shall be
sent to the complainant and to the school which is the subject of the complaint.
(c) The office shall dismiss a complaint if the complainant fails to meet one or
more of the following criteria:
(1) Meet the
criteria set forth in Hedc 305.02;
(2) Respond
to a request for information from the office of career school licensing within
a specified time frame; or
(3) Participate in any investigation or hearing as ordered.
Source.
#12644, eff 10-11-18
PART
Hedc 306 INVESTIGATIONS
Hedc 306.01 Investigation.
(a) A member of the office shall interview
appropriate personnel from the school who is alleged to have committed the
violation or about to commit a violation, and/or any other person who might
have relevant knowledge of the violation or potential violation.
(b) The member of the office assigned to
investigate the matter shall review records, data, facilities and other
relevant elements which are pertinent to the investigation.
(c) The member of the office shall submit a
report of his or her findings regarding the investigative matter to the
director for review.
(d) If the director determines that there is a
violation, a sanction of fines shall be imposed pursuant to Table 306-1, Fines
as follows:
Table 306-1 Fines
Action |
Fines |
Administrative violation of rules and
statutes |
$1,000/each |
Operation of a school without a license |
$3,000/month |
Late Submission |
$150/day |
(e) The director shall report the written
findings of the investigation, to include any applicable fines as set forth in
Hedc 306.01(d), to the complainant and the school via registered mail.
(f) Fines shall be due within 30 days of receipt
of the registered mail notification from the director. Payment of fines shall
waive a school’s right to file an appeal to the commission.
(g) A complainant or a school may file a written
intention to appeal the director’s decision with the commission within 15 days
of receipt of the registered mail notification from the director. Filing a written intention to appeal shall
stay the requirement to pay the fine within the applicable timeframe as set
forth in Hedc 306.01(f).
(h) Applicable fines shall be paid by check or
money order made payable to “Treasurer, State of New Hampshire.”
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18
PART
Hedc 307 APPEALS
Hedc 307.01 Appeals.
(a) Within 15 days of filing a written intention
to file an appeal, a complainant or a school may appeal the director’s decision
to the commission by submitting a formal letter.
(b) The formal letter shall
outline the specific disagreements with the director’s finding and shall
include citations to the proper RSA’s and Hedc’s with a separate explanation
for each grievance.
(c) Upon receipt of such formal letter:
(1) The commission
shall inform the complainant or the school of the next scheduled commission
meeting and include the appeal on the agenda; and
(2) The
commission shall render a determination of the appeal within 15 business days.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18 (formerly Hedc 310.01)
Hedc 307.02 Revocation of School License.
(a)
Pursuant to RSA 188-G:6, the commission shall, after due notice and
hearing, revoke the license of any school licensed pursuant to RSA 188-G:2 for
violating provisions of RSA 188-G:1-5 or rules of this chapter, and such
revocation shall be determined after considering the presence of aggravating or
mitigating circumstances as specified in Hedc 307.02 (b) and (c).
(b)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) The licensee’s prior disciplinary record;
(3)
Lack of willingness to cooperate with the office regarding application,
renewal, fees, or disciplinary fines;
(4) Potential harm to public health and safety;
and
(5)
The purpose of the rule or statute
violated.
(c)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the office;
(3) Acknowledgement of the licensee’s wrongdoing;
and
(4) The purpose of the rule or statute violated.
(d) Alleged violations of RSA 188-G:1-5 shall be
reported to the attorney general, or other appropriate official having
jurisdiction, pursuant to RSA 188-G:10.
Source.
#10520, eff 2-12-14 (See Revision Note at chapter heading for Hedc 300);
ss by #12644, eff 10-11-18 (formerly Hedc 311.01)
APPENDIX
Rule |
Specific State Statute the Rule
Implements |
Hedc
301 |
RSA
188-G:1,II |
Hedc
302 |
RSA
188-G:1 |
Hedc
303 |
RSA
188-G:2,II |
Hedc
304 |
RSA
188-G:2,II |
Hedc
305 |
RSA
188-G:2, IV |
Hedc
306 |
RSA
188-G:2,II |
Hedc
307 |
RSA
188-G:2, IV |