and Pos 1112.01 effective 12-20-05 (Document #8525), renumber as Hedc 300 to read as follows:
CHAPTER Hedc 300 OFFICE OF CAREER SCHOOL LICENSING
PART Hedc 301 APPLICABILITY
Hedc 301.01 Career Schools under Commission Jurisdiction.
(a) These rules shall apply to career schools under the higher education commission jurisdiction,
including entities that act as a school, except for those career schools identified in RSA 188-G:1 II.
(b) These rules shall apply to any career school undergoing an acquisition, merger, transfer or sale
PART Hedc 302 DEFINITIONS
Hedc 302.01 Definitions.
(a) "Ability to benefit" means that, in the absence of a high school diploma or certificate of high
program and/or course offered at the school.
(b) "Accrediting agency" means an accrediting agency that is recognized by the United States
(c) "Advertising" means any statement in writing, or otherwise, through any media which is
(d) "Alternative delivery" means “alternative delivery” as defined in RSA 188-G:1(a), a mode of
geographic location. This mode of instruction shall include internet, televised, video, telephonic, and
(e) "Applicant" means a person, board, association, partnership, corporation or other entity
for employment. In the case of an application by a subsidiary of a corporation, the applicant includes
the parent corporation.
(f) "Branch" means a separate organizational subdivision of a school located at a different facility
both and services of the main campus, including management staff and operational functions.
(g) "Career school" means any private postsecondary career school, as defined in RSA 188-G:1
(h) "Classroom clock hour" means a period of 60 minutes with a minimum of 50 minutes of
(j) "Course" means a sequence of units of instruction in a given subject area which may be a
(k) "Director" means “director” as defined in RSA 188-G:1(e) charged with administrating the
(l) “Entity” means “entity” as defined in RSA 188-G:1(g), any individual, firm, partnership,
(m) "Gross tuition" means the total amount collected for tuition by the school during its most
(n) "Indemnity tuition” means the gross tuition collected for open enrollment programs, courses or
(o) "Internship" means a structured, learning experience, which takes place outside of the school
(p) "Laboratory clock hour" means a period of 120 minutes with a minimum of 100 minutes of
(q) "Physical presence" means “physical presence” as defined in RSA 188-G:1(i).
(r) “Program” means a sequence of courses, over a period of time, which leads to a certificate or
(s) "Satellite" means an additional location away from the main licensed campus.
(t) "Shop, practicum, externship and internship clock hour" means a period of 180 minutes with a
minimum of 150 minutes of practice, instruction or both.
(u) "Teachout" means the continuation of instruction to complete the program or course whenever
to discontinue operations.
PART Hedc 303 LICENSURE PROCEDURES
Hedc 303.01 Initial Application.
(a) Any career school maintaining a physical presence pursuant to RSA 188-G:1(i), prior to
soliciting students for enrollment, shall be registered, reviewed and have an on-site visit conducted by the
office of career school licensing to determine if all standards are met.
(b) Initial applicants seeking to operate a career school in the state of New Hampshire shall file an
(d) Schools may offer programs, courses, or both at more than one satellite location under the same
(e) Each school or school branch shall prominently display its license.
(f) Applicable fees shall be submitted with the application and paid by check or money order made
payable to “Treasurer, State of New Hampshire.”
(g) The licensing approval letter shall include the following:
(1) The school’s license;
(2) The programs, courses, or both the school is authorized to offer; and
(3) The sites at which the programs, courses, or both are being offered.
Hedc 303.02 Renewal Application. A renewing applicant shall submit a completed application for
courses enrolled the previous year;
(b) The most recent financial statements regarding:
(1) The school's revenue and expenditures;
(2) Current indemnity coverage;
(3) Current liability insurance coverage; and
(c) A report of any changes related to Hedc 304 to the school's initial application.
Hedc 303.03 Acquisition, Merger, Transfer, Sale of Assets. Any career school undergoing an
licensing by submitting the following:
(a) A letter explaining the reason for the change; and
(b) A transition plan and timetable that includes:
(1) Public disclosure and notification statements;
(2) Evidence of the fiscal resources to support the transition;
(4) Legal documents related to the transition;
(6) Any changes in:
b. Board appointments;
d. Program, course offerings, or both; and
e. Facilities; and
(7) Any other substantive changes altering the current activity in Hedc 303.
Hedc. 303.04 Additional Programs, Courses, or Both . The school shall submit to the office of
the date upon which the program, course, or both is to be offered.
PART Hedc 304 STANDARDS FOR CAREER SCHOOL LICENSURE
Hedc 304.01 Organizational Purpose and Mission. The applicant shall submit the following:
(a) A statement of the institution’s purpose and mission;
(b) If applicable, a copy of the bylaws or other governing instrument; and
(c) A certificate of registration filed with the New Hampshire secretary of state.
Hedc 304.02 Control and Administration.
(1) Have no felony convictions;
(2) Within the last 10 years, have not been successfully sued for fraud or a deceptive trade
(3) Not be a plaintiff or defendant in litigation that carries risk to the school to be able to
(4) Have never owned or operated, currently or in the past, a school with legal or
(5) Have never knowingly falsified or withheld information from the office of career school
(d) The administrator shall have the following qualifications:
(1) For credit-bearing programs, courses, or both, have received baccalaureate or higher
degree upon completion of an approved college program and have gained experience as
a. At least 2 years of teaching, practical or business management experience, in one or
b. Two years of postsecondary school administrative or supervisory experience; or
c. A combination of related experience amounting to at least 2 years; and
(2) For non-credit programs, courses, or both, have completed an approved high school
a. At least 3 years of teaching, practical or business management experience in one or
b. Three years of postsecondary administrative or supervisory experience; or
c. A combination of related experiences which amounts to at least 3 years.
(e) The school shall inform the office of career school licensing of a change of administrator,
Hedc 304.03 Educational Program.
(a) The educational program and curriculum shall reflect and support the purpose and mission of
(b) Each curriculum shall provide a sequence of subjects or courses leading to competency in the
(c) The school shall schedule classes to allow students to receive instruction in all subjects for
licensed to offer a program, course of study, or both, fails to maintain the qualifications for continuing the
program, course, or both, it shall be removed from the catalog or stamped "not offered."
(d) Faculty and instructional resources shall be sufficient for the student enrollment and
(e) Schools shall measure instructional activity per Hedc 302.01 (h), (j), (o), (r), (s) unless
(f) Diplomas or certificates shall not be issued prior to completion of the applicable course of
(g) Alternative delivery instruction or hybrid formats must comply with all program and course
(h) The school shall inform the office of career school licensing of curricular changes to courses
(a) A school shall admit only those students whose educational background, abilities, or both
(b) The school shall require a student to possess a high school diploma or certificate of high school
by the appropriate state agency that regulates the career field;
(c) The school may substitute an ability to benefit test or certificate of high school equivalency to
(e) A copy of the school’s enrollment agreement shall be filed with the application for licensure
(f) Students shall only be enrolled at the beginning of each program or course.
(a) Instructors shall have, at a minimum, the following qualifications:
(1) Be at least 18 years of age;
(2) Hold a high school diploma, or other equivalency recognized by the U.S. Department of
(3) Have a minimum of 3 years of work experience, teaching experience or demonstrated
the period of employment by the school; and
(4) Hold and maintain current valid state permits or licenses if such permits or licenses are
(b) The following shall disqualify an individual from serving as an instructor at a school:
(1) Conviction of a felony; or
(2) Having been disciplined in writing by any state licensing board that regulates his or her
(c) The school shall inform the office of career school licensing of a change of faculty along with
one or more student outcomes as follows:
(a) A system which defines and measures the knowledge, skills and competencies students have
(b) In occupations requiring licensure, the number and percentage of graduates who successfully
(c) The number and percentage of students who complete or graduate from each program or
(d) The number and percentage of students who are working in jobs related to their training 60-
(a) The school shall maintain current, complete, and accurate student records as follows:
(1) A copy of the student's signed enrollment agreement;
(2) Records of student progress reports that include information on classroom attendance
(3) A copy of the results of any enrollment evaluation or examination;
(4) Student records shall include:
a. Student’s legal name;
c. Telephone number;
d. Student identification number assigned, if any;
e. Last 4 digits of social security number;
f. Date of birth;
g. Dates of attendance, including beginning and ending dates;
h. Program, course of instruction, or both and completion; and
i. Date of transfer, if applicable; and
(5) All monies owed and paid by each student.
(b) A school shall maintain clear and accurate records for preparation of transcripts or certificates.
(c) Records of students shall be open for inspection to the office of career school licensing during
site visits to the school.
(d) Student records shall be maintained in a safe and secure environment as approved by the office
(e) A school shall permanently maintain student transcripts of academic records.
(f) A school shall permanently maintain a master student registration list.
Hedc 304.08 Learning Resources.
(a) The school shall have available learning resources to support its educational programs,
courses, or both.
(b) Learning resources shall meet the requirements of the school’s accreditation association, if
(c) If outside libraries or other facilities are necessary to meet learning resource needs, written
(a) A description of the facilities floor plan and equipment, which shall support each program,
(b) Photocopies of inspection reports, certificates, or both, which show that the building is safe
building, hazardous materials and sanitation codes. If inspection reports, certificates, or both are not
available, then a signed statement from the appropriate inspection agency shall be used in lieu of the
(c) A photocopy of the lease for the space occupied, if not owned by the school.
(a) The school shall have financial resources sufficient to operate the school during the period of
which details the financial condition of the school.
(b) Annual financial statements shall be prepared by school management and verified by a licensed
(c) A copy of the school’s most recent annual financial statement or owner’s federal income tax
(d) Financial records shall be kept by the school in conformity with generally accepted accounting
(e) A school shall retain financial records in accordance with federal retention requirements.
(f) All such records shall be open to inspection and audit by the office of career school licensing.
(g) Upon a school administrator's written request, the director shall authorize a filing extension in
shall be adequate to maintain the solvency of the school in case of loss by fire or other causes, and to
protect it from instances of personal and public liability.
renewed, a school shall submit a surety bond, an irrevocable letter of credit, or a term deposit of at least
$10,000 which shall be signed, dated, and notarized by a surety bond agent and a school official. If
applicable, evidence that the surety bond is of equal value to the previous school’s bond. The amount of
the surety bond indemnification shall be determined by the documented indemnity tuition of the
Hedc 304.12 Public Disclosure. Information shall be available in hard copy and electronically
(a) Statement of mission, ownership and control of the institution;
(b) List of officers, board, faculty, indicating program affiliation, and staff;
(c) Admission requirements, including any prerequisite training required for admission;
(d) Beginning and ending dates of each quarter, term, or semester, that includes add or drop dates,
if applicable, and examination periods;
(e) Calendar of holidays and other important dates;
(f) Posting of instructor, location, and schedule of subjects being offered at the beginning of each
quarter, semester or term;
each school location;
(h) Description of school’s grading system for necessary student outcomes;
(i) Withdrawal policy;
(j) Requirements for program, course, or both completion and graduation;
(k) Rates of student success, including rates of retention, graduation and other measures of
success applicable to its institutional mission;
(l) Schedule of tuition, fees, and all other charges and expenses necessary for completion of the
(m) Cancellation and refund policies as defined by Hedc 307;
(n) Procedures and policies related to transfer of credit, including the statement, “limited
(o) Where to file student complaints and where to seek redress; and
(p) Other material facts concerning the institution that are likely to affect the decision of the
student to enroll therein.
(a) Schools shall not falsely mislead the public as to its name, nature of business, facilities and
(b) A school or its representative shall not make unsubstantiated claims or guarantees regarding
PART Hedc 305 TUITION POLICY
Hedc 305.01 Tuition Policy.
(a) A school and its approved branch, satellite, or both shall charge students enrolled in the same
program, course, or both 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 or shall prevent a school from negotiating with businesses, or state or federal
governmental agencies for different rates of tuition and fees.
(b) The tuition charged per unit shall not be increased for the term of the contract or enrollment
PART Hedc 306 CONTRACT CANCELLATION
agreement within 3 business days pursuant to RSA 361-B.
PART Hedc 307 REFUNDS
Hedc 307.01 Federal Program Refund. The refund policy for students receiving benefits from
within 30 days if:
(a) The school procured the student's enrollment as the result of any false representations in the
(b) The student withdraws from the program or course on or before the first day of instruction, a
full refund, less an administrative fee, not to exceed $150.
(1) A student who withdraws or is dismissed before 50% of the instruction period shall
(2) A student who withdraws or is dismissed after more than 50% of the instruction period
(b) All efforts shall be made to refund prepaid amounts for books, supplies and other charges
students, or returned by the school to the supplier.
Hedc 307.04 Notice of Withdrawal. A school shall require that notice of withdrawal be in writing,
PART Hedc 308 STUDENT GRIEVANCES
Hedc 308.01 Procedure for Student Grievances.
(a) Any person having a complaint or grievance against a school that is licensed by the commission
(b) In the event that a solution cannot be reached, the person may file a written complaint with the
documentation that a reasonable effort was made to resolve the complaint directly with the school.
(c) The office of career school licensing shall investigate each written complaint involving
resolve the matter.
(d) The office of career school licensing shall determine if the complaint is of such a serious nature
in such matters.
(e) The director shall report the findings of the investigation and outcomes to the student, the
(f) A party may request a due process hearing as provided in Jus 800.
PART Hedc 309 INSPECTIONS
Hedc 309.01 Inspections. Pursuant to RSA 188-G:5, the director may, at any time, inspect the
matters which are relevant to the educational and business activities of a licensed school in order to
determine compliance with applicable laws and rules.
PART Hedc 310 PENALTY
Hedc 310.01. Penalty.
(a) Whenever the commission determines that an entity is violating any provision of Chapter 188-
G, the commission shall request the attorney general, or other appropriate official having jurisdiction, to
(b) The commission, upon verifying that a school is operating without a license, shall issue a
PART Hedc 311 REVOCATION OF LICENSE
Hedc 311.01 Revoking a License.
(a) A school shall be notified by registered mail within 10 days of the commission’s intent to
revoke its license when it is believed to be in violation of RSA 188-G.
(b) A school so notified may request, within 20 days, a hearing before the commission after
(c) A school may appeal the commission's decision pursuant to RSA 188-G:6.
(a) Pursuant to RSA 188-G:2 IV, fees and fines for the office of career school licensing shall be as
Table Hedc 300-1, Schedule Of Required Institutional Fees & Fines
Initial Licensing , Inclusive of all courses/programs
$100,000 or less through June 30, 2015
$100,001 or more, through June 30, 2015
.0050% of AGT
Thereafter - $100,000 or less
Thereafter - $100,001 or more
New Course(s) individually or as part of a program – fee not to exceed
$750.00 per program
$75 each course
Governance - Acquisition, Merger, Transfer, Or Sale Of Assets
Transcript request fee per transcript
Administrative violation of rules and statutes
Criminal violation of rules and statutes
Operation of a school without a license
External consultant review
(b) Each school applying or renewing their license shall pay the licensing fee required with their
(c) Fines shall be due within 15 days of receipt of registered mail notification or within 15 days
(d) All fees and fines shall be nonrefundable.
(e) Repeat administrative violations of fines shall be grounds for suspension of license.
(f) Criminal violations shall be referred to the NH department of justice and shall be grounds for
PART Hedc 313 SCHOOL CLOSURE
Hedc 313.01 Schools Undergoing Closure.
(1) A transition plan and timetable that addresses and includes, but is not limited to:
a. Public disclosure and student and donor notification;
b. Changes in internal governance and leadership structure; and
c. Changes in faculty and staff appointments;
(2) A plan for discontinuation of programs, courses, or both that includes:
a. Number of students impacted; and
b. Teach-out schedule detailing program, course completion, or both at current
(b) Pursuant to RSA 292:8-kk, any institution that closes shall also submit the following:
(1) One original transcript or other official academic record and an electronic copy of each
for all current and former students who were enrolled for instruction at the institution;
(2) Two original copies of catalogs for each year in existence;
(4) A list of students per Hedc 303.02 (a).
RSA 188-G:2, IV
RSA 188-G:2, IV; RSA 21-N:8-a,II(e)(5)