Checklist for career school licensing



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Revised 5/10/2018 N.H. Department of Education



Division of Higher Education- Higher Education Commission

Office of Career School Licensing

101 Pleasant Street

Concord, N.H. 03301

(603) 271-6443 - Fax (603) 271-1953


INITIAL APPLICATION
Please note this application is hereby made to the Higher Education Commission of the State of New Hampshire for a license to conduct a private postsecondary career school under the provisions of RSA 188:G:1-10 and the N. H. code of Administrative Rules Hedc 300, Office of Career School Licensing. Application must be submitted at least 120 days prior to advertising, beginning instruction or both.
Date:           
Name of School:      
Address of School:      
Telephone Number: Fax Number:      
Web Site:
Owner of School:       Owner’s Cell Phone Number:      
Owner’s E-Mail:      
Administrator of School: Administrator’s Cell Phone Number:
Administrator’s E-Mail:
Date School was founded:      
Type of Business: Profit:  Non-Profit:  Please provide 501 (c) 3

Hedc 312.01 LICENSURE FEES [There is an initial licensing application fee of $3,000. After a school is in operation for one year, the annual licensure fee will be determined by the annual gross tuition as explained below.]

Please make check made payable to Treasurer, State of NH



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 school equivalency, the student has the capability to complete, with or without remediation, the program and/or course offered at the school.
(b) "Accrediting agency" means an accrediting agency that is recognized by the United States Secretary of Education.
(c) "Advertising" means any statement in writing, or otherwise, through any media which is intended to induce persons to seek admission for instruction.
(d) "Alternative delivery" means “alternative delivery” as defined in RSA 188-G:1(a), a mode of instruction which does not involve face-to-face instruction between instructor and student in the same geographic location. This mode of instruction shall include internet, televised, video, telephonic, and correspondence media.

(e) "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.


(f) "Branch" means a separate organizational subdivision of a school located at a different facility and geographical site than the main campus, but offers substantially the same programs, courses or 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 (j).
(h) "Classroom clock hour" means a period of 60 minutes with a minimum of 50 minutes of classroom instruction.
(i) "Commission" means the higher education commission defined in RSA 188-G:1 (b).
(j) "Course" means a sequence of units of instruction in a given subject area which may be a component of a program.
(k) "Director" means “director” as defined in RSA 188-G:1(e) charged with administrating the statutory responsibilities contained in RSA 21-N:8-a,I.
(l) “Entity” means “entity” as defined in RSA 188-G:1(g), any individual, firm, partnership, association, corporation, organization, trust, schools, or other legal entity or combination of these entities.
(m) "Gross tuition" means the total amount collected for tuition by the school during its most recently completed fiscal year.
(n) "Indemnity tuition” means the gross tuition collected for open enrollment programs, courses or both offered during the school’s most recently completed fiscal year.
(o) "Internship" means a structured, learning experience, which takes place outside of the school and involves practical application of competencies acquired during the school-based instruction.
(p) "Laboratory clock hour" means a period of 120 minutes with a minimum of 100 minutes of laboratory instruction.
(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 diploma.
(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 the school's license has been suspended or revoked or a school has advised the director that it intends to discontinue operations


[PLEASE ATTACH REQUIRED MATERIALS]
Hedc 304.01 – ORGANIZATIONAL PURPOSE AND MISSION
(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
(a) Administrative responsibilities and authority shall be specified, together with an organizational chart.
(b) One person shall be designated as the administrator of the school or school branch.
(c) The administrator shall be of good reputation defined as follows:
(1) Have no felony convictions;
(2) Within the last 10 years, have not been successfully sued for fraud or a deceptive trade practice;
(3) Not be a plaintiff or defendant in litigation that carries risk to the school to be able to continue operation;
(4) Have never owned or operated, currently or in the past, a school with legal or administrative habitual violations, including, but not limited to, unpaid refunds;
(5) Have never knowingly falsified or withheld information from the office of career school licensing; and
(6) Have not been disciplined, in writing, by any state licensing board that regulates his or her profession.


  1. 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 follows:


a. At least 2 years of teaching, practical or business management experience, in one or more of the programs, courses, or both taught in the school;
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 program or hold a high school equivalency diploma and have:
a. At least 3 years of teaching, practical or business management experience in one or more of the courses taught in the school;
b. Three years of postsecondary administrative or supervisory experience; or
c. A combination of related experiences which amounts to at least 3 years.


  1. The school shall inform the office of career school licensing of a change of administrator, along with a resume of qualifications and experience.


Hedc 304.03 EDUCATIONAL PROGRAM [See forms - Programs/Courses Offered; Initial Program Approval; Initial Course Approval]
(a) The educational program and curriculum shall reflect and support the purpose and mission of the school.
(b) Each curriculum shall provide a sequence of subjects or courses leading to competency in the respective area or field of study.
(c) The school shall schedule classes to allow students to receive instruction in all subjects for the number of instructional hours as advertised in the school's catalog. When a school, previously 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 programs, courses, or both offered.
(e) Schools shall measure instructional activity per Hedc 302.01 (h), (j), (o), (r), (s) unless otherwise required by an accrediting agency accreditation or federal regulations.
(f) Diplomas or certificates shall not be issued prior to completion of the applicable course of study.
(g) Alternative delivery instruction or hybrid formats must comply with all program and course standards for faculty and educational program and course characteristics.
(h) The school shall inform the office of career school licensing of curricular changes to courses or programs. [See forms – New Program Approval or New Course Approval]
Hedc 304.04 ADMISSION REQUIREMENTS
(a) A school shall admit only those students whose educational background, abilities, or both qualify them to pursue and benefit from the particular program or course for which enrollment is sought;
(b) The school shall require a student to possess a high school diploma or certificate of high school equivalency as a prerequisite for enrollment in a diploma or certificate offered by the school if required 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 demonstrate ability to benefit;
(d) The school shall maintain records in each student's file to show compliance with admission requirements;
(e) A copy of the school’s enrollment agreement shall be filed with the application for licensure and shall conform to all requirements of state and federal law; and
(f) Students shall only be enrolled at the beginning of each program or course.
Hedc 304.05 FACULTY [See form – Instructor Personnel]
(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 Education;
(3) Have a minimum of 3 years of work experience, teaching experience or demonstrated competence in the field in which he or she is to teach within 6 years immediately preceding the period of employment by the school; and
(4) Hold and maintain current valid state permits or licenses if such permits or licenses are required to practice their trades, and provide evidence thereof to the school.
(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 profession.
(c) The school shall inform the office of career school licensing of a change of faculty along with a resume of qualifications and experience for each instructor.

Hedc. 304.06 PROGRAM OR COURSE OUTCOMES
Each program or course shall be measured through one or more student outcomes as follows:

(a) A system which defines and measures the knowledge, skills and competencies students have acquired;


(b) In occupations requiring licensure, the number and percentage of graduates who successfully obtained such licensure;
(c) The number and percentage of students who complete or graduate from each program or course, or both; and
(d) The number and percentage of students who are working in jobs related to their training 60-90 days following completion or graduation.

Hedc 304.07 STUDENT RECORDS
(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 and performance;
(3) A copy of the results of any enrollment evaluation or examination;
(4) Student records shall include:
a. Student’s legal name;
b. Address;
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 of career school licensing pursuant to RSA 189:29-a.
(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
The school shall have available learning resources to support its educational programs, courses, or both.


  1. Learning resources shall meet the requirements of the school’s accreditation association, if applicable.




  1. If outside libraries or other facilities are necessary to meet learning resource needs, written agreements for such arrangements shall be on file.



Hedc 304.09 FACILITIES AND EQUIPMENT
(a) A description of the facilities floor plan and equipment, which shall support each program, course, or both for which licensure is sought;
(b) Photocopies of inspection reports, certificates, or both, which show that the building is safe and sanitary, and meets all local city, county, municipal, state, and federal regulations, such as fire codes, 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 report; and
(c) A photocopy of the lease for the space occupied, if not owned by the school.
Hedc 304.10 FINANCIAL RESOURCES
(a) The school shall have financial resources sufficient to operate the school during the period of licensure as evidenced by annual financial statements, including operating statement and balance sheet, which details the financial condition of the school.
(b) Annual financial statements shall be prepared by school management and verified by a licensed accountant.
(c) A copy of the school’s most recent annual financial statement or owner’s federal income tax statement with all attachments shall be filed each year with the school’s licensure application.
(d) Financial records shall be kept by the school in conformity with generally accepted accounting principles.
(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 order for the school to provide the most current financial statements.
(h) Insurance shall be carried to protect the school's financial interest. The amount of insurance 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.
Insurance Carrier
Name:
Address:
Telephone:
Contact Name:
     

Hedc 304.11 SURETY INDEMNIFICATION
Pursuant to RSA 188-G:3, before a license is issued or 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 institution. You may select ONE of the following 3 options:
Surety Bond; or
RSA 188-G:3, I

Amount of bond (10% of gross annual tuition with a $10,000 minimum): $      


Name of Bonding Company:      
Address of Bonding Company:      
Irrevocable Letter of Credit; or
RSA 188-G:3, IV (a)

An irrevocable letter of credit, maintained for the licensing period as a minimum, issued by a financial institution authorized to do business in New Hampshire in an amount to be determined by the commission with the commission designated as the beneficiary. [See sample form Irrevocable Letter of Credit]


Term Deposit Account
RSA 188-G:3, IV (b)

A term deposit account held in the state treasury, payable to the commission, shall be held in trust for the benefit of students entitled thereto under this section. Said account shall be maintained for the licensing period as a minimum, in an amount determined by the commission. Any interest shall be paid annually to the appropriate school, unless the term deposit account is activated due to a school closing. Should the licensee for any reason, while not in default, discontinue operation, all moneys on deposit, including any interest, shall be released to the appropriate school subject to the approval of the commission.



Check should be made payable to: Treasurer, State of NH

Hedc 304.12 PUBLIC DISCLOSURE (CATALOG)
Information shall be available in hard copy and electronically and shall include the following, as applicable:
(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;
(g) List and description of program, course, or both objectives, length, and curriculum offerings at 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 course of study;
(m) Cancellation and refund policies as defined by Hedc 307;
(n) Procedures and policies related to transfer of credit, including the statement, “limited transferability”;
(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
Hedc 304.13 ETHICS
(a) Schools shall not falsely mislead the public as to its name, nature of business, facilities and equipment and shall not engage in fraudulent or deceitful marketing practices.
(b) A school or its representative shall not make unsubstantiated claims or guarantees regarding employment to prospective students.
I certify that all information provided is certified to be true and correct in content and policy and that I have read and understand the applicable RSA 188:G:1-10 and the N. H. code of Administrative Rules Hedc 300, Office of Career School Licensing.

­­­stand the applicable RSA and Rules (RSA 188- G:1-10 and Chanpeter 1100 Rules).content and policy and that I have read and unde­            ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­     

                

Applicant Signature Date
_________________________________________ _____________________






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