CHAPTER Hedc 400
DEGREE-GRANTING HIGHER EDUCATION INSTITUTIONS WITH A PHYSICAL PRESENCE
IN
REVISION NOTE:
Pursuant to 2011, 224:149, II(a) and III, effective 7-1-11,
rules in Chapter Pos 1000 entitled “Degree-Granting Postsecondary Institutions
with a Physical Presence or Place of Contact that Conduct Advising/Mentoring or
Instruction in
Document #10429 containing Hedc 400, and the repeal of
Chapter Pos 1000 by Document #10490, supersede all prior filings of the
Postsecondary Education Commission affecting the rules in the former Chapter
Pos 1000. The prior filings affecting
the former Pos 1000 are explained below.
Prior to Document #10429 and Document #10490, the
Postsecondary Education Commission had last filed the rules in Pos 1000 under
Document #9807, effective 10-29-10.
The filing prior to Document #9807 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"Closed Courses" was not readopted or repealed by Document #6398 but
remained in effect and was editorially renumbered as rule Pos 1005.03. This rule was last filed under Document
#5187, effective 7-23-91, and expired on 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1005.03, Document #6398 had superseded all prior filings for the rules in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 401 APPLICABILITY
Hedc
401.01 Institutions Excluded from
Commission Jurisdiction. The
following institutions shall not be subject to the jurisdiction of the higher
education commission:
(a) Institutions of the university system of New
Hampshire pursuant to RSA 187-A, and the community college system of New
Hampshire pursuant to RSA 188-F;
(b) An in-state institution which has been in
continuous operation since before 1775; and
(c) Out-of-state institutions with no physical
presence in
(1) Offer
credit-bearing courses, programs and/or degrees exclusively by online computer
delivery, even if the institution has online instructors residing in this state
if those instructors do not physically meet with students;
(2) Send
recruiters to college fairs or advertise in this state;
(3) Partner
with an approved
(4) Contract
with a
Source. #10429, eff 10-5-13 (See Revision Note at
chapter heading for Hedc 400)
Hedc
401.02 Institutions Under Commission Jurisdiction. The following institutions shall be subject to
the jurisdiction of the higher education commission:
(a) Institutions that have a physical presence in
New Hampshire and seeking to offer or currently offering credit bearing
courses, programs or associate, bachelor, master, and/or doctoral degrees in
New Hampshire;
(b) Institutions planning to establish or having
an administrative office in
(c) Out-of-state institutions seeking to offer
open or closed credit-bearing internships, practicums, courses, programs or
degrees that have the physical presence of an instructor in New Hampshire; and
(d) Teacher certification program(s) offered by
approved
Source. #10429, eff 10-5-13 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 402
DEFINITIONS
Hedc
402.01 Terms Used. As used in these rules, the following terms
have the meanings indicated:
(a) “Commission” means the higher education
commission under the division of higher education, department of education.
(b) “Physical presence” means an actual physical
location for instructional purposes, maintaining an administrative office
including a mailing address or phone number, or face-to-face advising,
mentoring, supervision, testing, or instruction taking place in New Hampshire.
Source. #10429, eff 10-5-13 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 403 INCORPORATION
Hedc
403.01 Institutions Seeking
Incorporation in
Source. #10429, eff 10-5-13 (See Revision Note at
chapter heading for Hedc 400)
Hedc
403.02 Institutions Seeking
Incorporation in
(a) Pursuant to RSA 292:8-c through 8-h, the
commission shall advise the legislature concerning the granting of degrees.
(b) Any institution that intends to seek
incorporation as a degree-granting institution with a main campus outside the
United States shall secure approval from the commission prior to seeking
authority from the legislature and shall submit articles of agreement as
required by RSA 292:8-c and 8-d and shall be subject to the provisions of Hedc
405.
(c) In addition, it shall submit the following
information:
(1) Information
regarding legal status of the institution in the country/countries in which it
currently operates or intends to operate, and recognition by the
country/countries in which it intends to operate by the ministry of education
and accreditor(s) as applicable;
(2) Evidence of
a staffed administrative office in
(3) Evidence of
representation by legal counsel who is a member of the Bar in
(4) Annual financial
audits by a certified public accountant in the
(5)
Accreditation status/intentions with a regional or national agency
recognized by the
(6) Evidence
that the institution’s leadership has significant experience with American
higher education; and
(7) Evidence that
the governing board includes members from the
Source. #10429, eff 10-5-13 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 404
EVALUATION PROCESS
Hedc
404.01 Initiating the Evaluation
Process.
(a) Any
institution seeking commission approval(s) shall discuss the proposed plan with
the director or designated representative.
(b) The
institution shall identify the:
(1) Name of the
institution;
(2) Approval(s)
sought;
(3) Reasons
therefore;
(4) Proposed
timeline; and
(5) Anticipated
benefits to students and to
Source. #10429, eff 10-5-13 (See Revision Note at chapter
heading for Hedc 400)
Hedc
404.02 Determination of Review Type.
(a) The director shall determine the type of
review required based upon the program request, incorporated status,
accreditation status, institutional sustainability, and previous approvals
granted to the institution.
(b) Types of reviews shall be as follows:
(1) A
comprehensive review;
(2) An
expedited review; and
(3) An
administrative review.
(c) A comprehensive review shall require the
institution’s written plan to respond to each standard in Hedc 405 and the
review shall be conducted by an evaluation team;
(d) An expedited review requires the
institution’s written plan to respond to each standard in Hedc 405 as
appropriate:
(1) The
expedited review shall be conducted by the director or by an evaluation team;
(2) The
expedited review shall be used for the following:
a. In-state
institutions seeking degree-granting approval for a new degree or new degree
level not covered by earlier approvals; and
b. Out-of-state institutions seeking approval to offer
open credit-bearing courses, programs/degrees or a branch campus.
(e) An
administrative review shall be conducted by the director and/or an evaluator
for an institution that is accredited by a regional or national agency
recognized by the
(f) The
administrative review shall be used for the following:
(1) In-state
institutions seeking approval for a new program within an existing approved
degree or degree level, or a review of an already approved program;
(2)
Out-of-state institutions seeking approval to offer open internships or
practicums that require a memorandum of understanding and/or have a physical
presence of an instructor; and
(3)
Out-of-state institutions seeking approval to offer closed
credit-bearing internships, practicums, courses or degrees for which the
general public is not admitted and the institution does not publicly advertise.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
404.03 Comprehensive Review.
(a) An
evaluation team shall conduct a comprehensive review that requires the institution’s
written plan responding to each standard in Hedc 405.
(b) The
evaluation team shall link specialized licensing or professional accrediting
agencies when such is pertinent to professional practice of development, or
when licensure is required in
(c) Upon
completion of the evaluation, the evaluation team shall submit an evaluation
report that:
(1) Considers
in detail, the institution’s compliance with Hedc 405; and
(2) Makes a recommendation
as to whether the commission should grant or continue approval.
(d) The
institution shall have an opportunity to respond to the evaluation report and
to respond to any specific questions within 10 days.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc 404.04 Expedited
or Administrative Review.
(a) Any
institution undergoing an expedited or administrative review shall submit a
written plan addressing the points below and Hedc 405 as appropriate:
(1) The name of
the institution;
(2) Approval
being sought;
(3) Previous degree-granting authority awarded by the
legislature and approved by the commission;
(4) Rationale for
development of the proposed program within the stated institutional mission;
(5) Program
planning and development process utilized in developing the request;
(6) Proposed
course, program or degree offering, syllabi, relevant biographies and credentials
of faculty expected to teach in the proposed program;
(7) A
demographic description of students to be served;
(8) New
resources that will be required to fully implement the curriculum;
(9) Changes and
shifts in organization and governance required to adjust to the proposed
program;
(10) The
location to be used and the anticipated timeframe/duration of the offering(s);
(11)
Anticipated benefits to students, and
(12)
Documentation that the institution is in good standing with a regional
or national accrediting agency recognized by the U.S. department of education,
the council for higher education accreditation, or both;
(13) Copies of
most recent accreditation report(s), including any progress on substantive
recommendations and/or concerns found;
(14)
Certificate of registration filed with the
(15) Copies of
a signed contract or memorandum of understanding with
(b) Any institution
undergoing an administrative review for an already approved program shall
submit a written plan which:
(1) Updates any
information or changes for each of the standards in Hedc 405; and
(2) Responds to
the concerns, suggestions and recommendations in the commission’s most recent
approval of the program(s).
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc 404.05 Evaluation
Materials. An institution shall
submit 6 copies, plus an electronic version, of a written plan that addresses
the standards in Hedc 405 at least 6 months in advance of the anticipated
implementation date.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
404.06 Notification. The director shall notify the chairpersons of
both the House and Senate education committees so that each may appoint a
member to participate on those evaluations conducted by an evaluation team.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
404.07 Decision by the Commission.
(a) Upon receipt
of the evaluation report, the commission shall review the report and vote to
accept, amend or reject the recommendations contained therein based upon its
determination of compliance with Hedc 405.
(b) The
institution shall be invited to attend the meeting of the commission to answer
any questions from the commission.
(c) The
director shall notify the institution of the commission’s decision in writing
within 10 days of the commission vote.
(d) Unless
otherwise authorized, the institution shall not advertise or commence
instruction until commission approval is granted.
(e) If the
decision of the commission is to reject an institution’s application for
degree-granting authority, based on non-compliance with Hedc 405, the details
of that decision shall be included in the letter of notification.
(f) The
institution may appeal the commission’s decision.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 405
STANDARDS FOR AN EVALUATION
Hedc
405.01 Institutional Purpose and
(a) In its
written plan, the applicant shall set forth:
(1) A
well-defined statement of the institution’s purpose and mission;
(2) Specific learning
objectives for its students both generally and in each program of study; and
(3) A narrative
statement describing how the institution achieves or will achieve the purpose
and mission set forth in the statement of purpose.
(b) The
applicant shall submit the following documents:
(1) A copy of
the vote of the board of the institution’s resolution adopting the statement of
purpose as submitted;
(2) A certified
copy of the bylaws or other governing instrument specifying the procedures for amendment
of the statement of purpose; and
(3) A
certificate of registration filed with the
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400)
Hedc
405.02 Organization and Governance.
(a) The
applicant shall describe its organization and governance structures in its
written plan, including:
(1)
Organizational charts, administrative responsibilities showing the lines
of authority and the relationships among component units and personnel; and
(2) Evidence of
a governing board of 7 or more people of which fewer than one-half have any
financial interest in the institution as an employee, stock-holder or corporate
director.
(b) The governing board who will be responsible
for the general policies and control of the institution and which shall:
(1) Meet at
least twice in each fiscal year; and
(2) Keep
written minutes of the actions taken at these formal meetings or otherwise
maintain a record of proceedings.
(c) The role of trustees, administrators,
faculty, and students and the nature and extent of the involvement of each in
the determination of policies and the resolution of issues, including academic
program and curriculum development.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.03 Educational Program. The applicant
shall describe its educational program in its written plan, including:
(a) How the educational program reflects the
purpose and mission of the institution through curricula;
(b) Clearly and accurately describing curricula
in all published materials;
(c) Clearly stating the level of instruction and
reflecting the resources of the institution, including but not limited to
program support in the following areas:
(1). Financial
resources;
(2) Personnel;
(3) Facilities;
and
(4) The level of
academic preparation of the students;
(d) The applicant shall provide evidence that it
provides students with course syllabi that includes:
(1) Course
objectives;
(2) Course
outcomes;
(3)
Requirements; and
(4) Standards
of achievement;
(e) The applicant shall provide evidence that the
internal structure of course(s) rests within the purview of the appropriate
faculty and academic leadership;
(f) The applicant shall clearly describe the
process for development, review and approval of educational policy;
(g) The applicant shall document provisions for a
systematic and broad-based assessment of student learning, assessment of
educational program(s), and the evaluation and improvement of instruction;
(h) The applicant shall articulate a sequence of
courses leading to the attaining of a degree in the respective area or field of
study;
(i) The applicant shall link program goals with
achievement of student outcomes;
(j) At the associate degree level, the applicant
shall have requirements for graduation that are based upon successful
completion of a minimum of 60 semester hours of study;
(k) At the baccalaureate degree level, the
applicant shall provide evidence that the program:
(1) Is planned
to reflect a commitment to a particular area of inquiry;
(2) Affords
competence in the subject significantly beyond the introductory level; and
(3) Is based
upon successful completion of a minimum of 120 semester hours of study;
(l) If organized on other than the usual semester
basis, the applicant shall ensure that the educational program provided
contains at least as many hours as an institution organized on the usual
semester basis;
(m) The applicant shall provide evidence that all
courses offered by correspondence, distance-learning or away from the
institution’s primary campus are consistent with, and comparable to, courses
offered to resident students enrolled at the institution’s primary campus; and
(n) The applicant shall clearly state student
expectations for attaining degree requirements.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.04 Graduation Requirements. The applicant shall define graduation
requirements in its written plan and no more than 50% of the credits required
for a degree or other credential shall be awarded for prior experiential
learning and/or credits by examination.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.05 Faculty. The applicant shall describe the faculty in
its written plan and demonstrate that faculty:
(a) Are competent as evidenced by:
(1) Academic
degrees from appropriately accredited institutions;
(2) Academic
knowledge in the discipline in which they teach;
(3) Previous
teaching experience which ensures that students will receive education
consistent with the objectives of the program of study and the curricular
requirements as stated in the institution’s published catalogue and web site or
electronic media; and
(4) Capacity to
teach education programs per Hedc 405.03;
(b) Meet or exceed the following standards in a
2-year associate program:
(1) Faculty shall
hold at least a master’s degree or its equivalency as determined under Hedc
405.05(a); and
(2) The entire
faculty shall have education or equivalent experience in the field of
specialization in which they are teaching;
(c) Meet or
exceed the following standards in a 4-year baccalaureate degree program:
(1) Faculty
shall hold at least a master’s degree or its equivalency as determined under
Hedc 405.05(a), in the field of specialization in which
they are teaching;
(2) At least 25%
of the full-time faculty shall hold a doctoral degree or the appropriate
terminal degree; and
(3) The entire
faculty shall have education or equivalent experience in the field of
specialization in which they are teaching;
(d) Meet or exceed the following standards in a
master’s degree program:
(1) Faculty
shall hold at least a master’s degree or its equivalency as determined under
(g) in the field of specialization in
which they are teaching;
(2) A majority
of the faculty shall have satisfactorily completed work beyond the master’s
degree; and
(3) At least
40% of the full-time faculty shall hold a doctoral degree or an appropriate
terminal degree;
(e) If teaching in a doctoral program, hold a
doctoral degree;
(f) If teaching in a professional degree program,
hold a doctoral or professional degree;
(g) If granted approval to teach by the
institution, an equivalency for any of the positions listed in (b) and (c), or
meets the following requirements:
(1) The institution
shall state the reason for its equivalency in a narrative statement;
(2) All
equivalencies shall meet or exceed the requirements of the published course
syllabus; and
(3) The written
job description for the position shall state what preparation is necessary to
be considered equivalent to a candidate who has a degree in the field;
(h) Are sufficient in number to ensure student
faculty ratios consistent with the mission of the institution, and meet the
following numerical standards:
(1) The proportion
of part-time faculty members and the student-teacher ratio shall be consistent
with the institution’s purpose to provide effective instruction and guidance in
each course consistent with the institution’s purpose;
(2) In no
instance shall the faculty number fewer than 4 full-time members; and
(3) The faculty
shall consist of full-time appointments sufficient in number and length of
service to ensure continuity and stability of the educational programs;
(i) Have a teaching load consistent with the time
essential for preparation for each class, other assigned academic or
administrative responsibility, and professional growth including, but not
limited to, the pursuit of terminal degrees in the field, the attendance at
professional meetings, research and publications;
(j) Have professional and institutional
responsibilities specifically defined in writing;
(k) Have expectations for continuing professional
study and/or scholarly activity, and are encouraged to participate in
professional meetings and other scholarly activity related to faculty
disciplines;
(l) Have specified personnel policies concerning
matters including, but not limited to, academic freedom, salaries and benefits,
and incentive for professional growth.
The institution shall adopt, maintain and follow policies governing
initial appointments, reappointments and the dismissal of faculty, including
adjunct faculty, and shall maintain records that evidence such policies are, in
fact, followed;
(m) Are appointed pursuant to the established
procedures of the institution, and such appointments shall be promptly
reported, in writing, to the governing board of the institution;
(n) Are provided a written notice of
appointment in which contains, or incorporates by specific reference,
the conditions of employment and personnel policies with regard to academic
freedom and economic security;
(o) Are sufficient in number, with a full-time
commitment to the institution, and length of service to ensure continuity of
the educational program; and
(p) Are provided a written contract for
employment that includes information on salaries, fringe benefits, and
provisions for academic freedom.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.06 Student Body. The applicant shall describe the student body
in its written plan and ensure that the student body:
(a) If admitted to an associate or baccalaureate degree
program, shall be required to have a high school diploma or the equivalent;
(b) If admitted to a master’s or doctoral degree
program, shall be required to complete at least a baccalaureate degree or the
equivalent;
(c) Has access to standards for continued
enrollment in the institution’s catalogue or handbook;
(d) Has access to policies which shall include,
but not be limited to, appropriate counseling in program planning, course
selection, registration procedures, deadlines for course additions or
withdrawals, basic course requirements, satisfactory progress requirements; and
(e) Has health services available, if attending
an institution with residential facilities.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.07 Student Records. The applicant shall describe its student
records in its written plan and ensure that its student records:
(a) Include, but are not limited to health, counseling,
financial aid and academic transcripts;
(b) Collect and maintain, insofar as is feasible,
information concerning a graduate’s activities including:
(1) Rate and
field of employment;
(2) Continued
education; and
(3) Performance
on licensing examinations as appropriate; and
(c) Have security and maintenance ensured by the
institution as follows:
(1) Physical
records shall be stored in fire-resistant cabinets;
(2) Records
maintained in electronic systems shall be secured to prevent loss; and
(3) Duplicates
of written and electronic records shall be periodically made and separately
stored to assure security of records.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.08 Library and Information
Resources.
(a) The applicant shall provide for library and
information resources in its written plan.
(b) The library shall:
(1) Have a written
plan in accordance with the institution’s purpose, the nature of the education
program, and the enrollment;
(2) Have access
provided to its basic physical and virtual collections. If other libraries or collections are to
provide a major part of the library resources for the educational program, the
extent of dependence shall be clearly stated and the nature and details of
agreements shall be described;
(3) If engaged
in an agreement with other libraries and entities providing access to resources,
specify the following:
a. The degree
to which the holdings of the other libraries or resources support the
institution’s educational program and enrollment; and
b. The degree
to which students of the institution can use these libraries or resources;
(4) Provide
services including, but not limited to:
a. Availability
for student use at regularly posted times;
b. Availability
of resource and supervisory personnel and standard library services including,
but not limited to, circulation, reference services, instruction and
interlibrary loans; and
c. Provisions
for an atmosphere conducive to learning;
(5) Keep
up-to-date records of circulation, holdings, inventory data, materials on
order, current periodicals received, subscription data base usage, expenditures
and budgets;
(6) Have
sufficient holdings consistent with the purpose, the course offerings and
enrollment of the institution;
(7)
Periodically review its holdings to assure that the holdings remain
consistent with the course offerings; and
(8) Have a
budget adequate to maintain the above standards.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.09 Facilities and Technologies. The applicant shall describe its facilities
and technologies in its written plan that shall:
(a) Be sufficient to meet the institution’s
programs and objectives;
(b) Comply with all applicable health and safety
standards, codes, ordinances, and laws; and
(c) If not owned by the institution, be evidenced
through a lease or other arrangements to ensure that facilities and
technologies are available to meet the institution’s stated objectives.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.10 Financial Resources. The applicant shall describe its financial resources
in its written plan and its financial resources shall:
(a) Be adequate for the institution to:
(1) Support and
sustain its purpose;
(2) Implement
its program; and
(3) Graduate
its entering class as follows:
a. For
institutions seeking associate degree-granting authority, this shall mean a
minimum period of 4 years; and
b. For
institutions seeking baccalaureate, masters, and doctoral degree-granting
authority, this shall mean a minimum period of 6 years;
(b) Be sufficient to allow the institution to
adequately and effectively implement, achieve, and enhance its purposes and
objectives as evidenced by the following:
(1) Financial
policies, procedures, and practices that ensure academic quality; and
(2) A business plan
for the time period described in (a)(3)a. and b., which includes:
a. An
enrollment plan which includes anticipated applications, deposits, yield and
retention rates;
b. Tuition and
other sources of support; and
c. Anticipated
expenses;
(c) Include a budget preparation process that is
inclusive, and reviewed and approved by administrators and the institution’s
governing board;
(d) Have a budget, sufficient in detail to
identify operating expenses including categories for:
(1)
Instruction;
(2) Library;
(3) Information
resources and technology;
(4) Student
services;
(5) Financial
aid, including a calculation of the tuition discounting rate; and
(6) Operation
and maintenance of the physical plant;
(e) Be administered by a chief financial officer
who shall have:
(1) Expertise,
education, academic degrees and an understanding of higher education finances;
(2)
Responsibility for the financial and business operations of the
institution; and
(3) Responsibility for its institutional budget,
overseeing its formulation, revision and implementation;
(f) Provide evidence to demonstrate fiscal
soundness including, but not limited to resources and a resource plan which
will ensure operations through the time period described in (a)(3)a. and b.,
including:
(1)
Unrestricted net operating income demonstrating the institution’s
ability to live within its resources;
(2) Resources
necessary to meet covenants in any debt or other similar obligations of the
institution;
(3) Expendable
reserves to sustain academic quality should resources in (e)(2) not meet expenditure needs in any given year;
and
(4) An existing
realistic plan addressing issues raised by existing operational deficits, or in
the event of a significant financial challenge or actual financial crisis to
the institution or program, and reflecting significant assets to guarantee
student protection;
(g) Be monitored through financial records which:
(1) Are open
for inspection and audit by the commission or its agents upon demand during
normal working hours;
(2) Are
maintained in conformity with generally accepted accounting principles;
(3) Include
audited financial statements with an unqualified opinion for at least 2
consecutive years. Audited financial statements mean independently audited and
certified annual financial statements which are completed within 6 months after
the end of each fiscal year; and
(4) Are kept in
accordance with procedures that are sufficient to maintain financial integrity
that gifts or grants given to the institution will be utilized according to the
donor’s or grantor’s intent;
(h) Establish that insurance is carried to
protect the school’s financial interest sufficient 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; and
(i) If the institution has or plans to incur
debt, maintain and update, as needed, a plan covering the period such debt will
be outstanding and showing:
(1) The
anticipated interest and principal payments throughout the life of the debt;
and
(2) The
provision for payment of such interest and principal as it becomes due and
payable.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
405.11 Public Disclosure. The applicant shall, in the public disclosure
section of its evaluation plan, include a catalog and supporting materials that
are accessible electronically and that include the following:
(a) Explicitly worded statements about its
current status with the commission, approvals from required licensing agencies,
regional, national, and specialized accrediting agencies;
(b) Identification of mission, ownership and
control of the institution;
(c) Information about the governing board, staff
and faculty;
(d) Admission requirements;
(e) Courses, programs, degrees offered;
(f) Program objectives, length of program,
curriculum offerings, and degree requirements;
(g) Rates of student success, including rates of
retention, graduation and other measures of success appropriate to its
institutional mission;
(h) Schedule of tuition, fees, availability of
financial aid, expected amount of student debt upon graduation, and all other
charges and expenses necessary for completion of the course of study;
(i) Procedures and policies related to transfer
of credit, attending and withdrawing and a list of institutions with which it
has an articulation agreement(s);
(j) List of current faculty, indicating program
affiliation, distinguishing between full and part-time status and showing
degrees held/institution(s) attended;
(k) Cancellation and refund policies;
(l) Where to file student complaints and where to
seek redress;
(m) Locations and programs available at branch
campuses, other instructional locations, including those overseas, along with a
description of programs and services available at each location; and
(n) Such other material facts concerning the
institution as are reasonably likely to affect the decision of the student to
enroll therein.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 406
CONTINUING REVIEW
Hedc
406.01 Annual Reports. In-state institutions under the jurisdiction of
the commission shall file copies of annual or other reports as required by its
recognized regional accrediting association(s).
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400)
Hedc
406.02 Additional Reports.
(a) Out-of-state institutions having commission
approvals as described under Hedc 404.02(b)(2), (c)(2) and (3) shall file
annual and/or other reports as specified in its commission approval(s). The director shall review and report
compliance to the commission.
(b) In-state institutions under the jurisdiction
of the commission shall be required to file annual and/or other reports as
specified in its commission approval(s).
The director shall review and report compliance to the commission.
(c) Additional report(s) shall be required at the
discretion of the commission as necessary to provide additional information on
the status of program approval.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
406.03 Accreditation.
(a) In
lieu of conducting its own independent program or institutional evaluation, the
commission shall accept accreditation by a regional or national agency
recognized by the U.S. Department of Education, the Council for Higher
Education, or both, when the program or institution is in good standing with no
special requirements.
(b) Any institution seeking initial degree-granting
authority shall be in good standing with a regional or national accrediting
agency recognized by the
(c) Any change in status with accreditor(s),
including probation notification, shall be provided to the commission to
determine compliance with Hedc 405.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc 406.04 Institutions Undergoing a Substantive
Change in Governance. Any
institution with a substantial change in governance, including a 50% or greater
change in the composition of the governing board within a one-year period or
decisions by the board which would affect the mission, character, and quality
of the institution shall inform the commission by submitting the following:
(a) A letter and any documents explaining the
reason for the changes, and how these changes will impact the mission, current
operations, and students;
(b) Public disclosure, including a timeline and
student and donor notification;
(c) Any other substantive changes altering the
current activity in Hedc 405;
(d) Any correspondence to and from institutional
accrediting agencies;
(e) Documentation of change in incorporated
status, such as creation of a sole membership; and
(f) Any contracts detailing arrangements
regarding development of courses, programs or degrees by a non-title IV
eligible entity.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
406.05 Institutions Undergoing an
Acquisition, Merger, Transfer,
(a) A letter
explaining the reason for the change; and
(b) A
transition plan and timetable that includes, but is not limited to:
(1) Public
disclosure and student and donor notification;
(2) Evidence of
sufficient fiscal resources to support the transition;
(3)
Acccreditor(s) expectations;
(4) Any
correspondence to and from institutional accrediting agencies;
(5) Legal
documents related to the transition;
(6) Most
recent audited financial statement;
(7) Any changes
in:
a.
b. Board
appointments;
c. Internal
governance and leadership structure;
d.
Institutional leadership appointments;
e. Faculty and
staff appointments, along with terms of employment, including, but not limited
to, working conditions and benefits;
f. Enrollment;
g. Program
offerings; and
h. Facilities;
and
(8) Any other
substantive changes altering the current activity in Hedc 405.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
406.06 Institutions Undergoing
Closure.
(a) Any institution that plans to close shall
inform the commission by forwarding the following:
(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 that includes:
a. Number of
students impacted;
b. Teach-out
schedule detailing program completion at current institution; and
c. Evidence of
arrangement with another accredited institution for student transfer;
(3) Evidence of
fiscal resources necessary to support the transition;
(4)
Accreditor(s) expectations; and
(5) Any correspondence
to and from accrediting agencies.
(b) Pursuant to RSA 292:8-kk, any institution
that closes shall also submit the following:
(1) Two
original transcripts and an electronic transcript for each student who was
enrolled for instruction at the institution;
(2) One
original copy of catalogs for each year in existence;
(3) An
explanation of the institution’s credit and grading system; and
(4) A typed
list of students.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 407
DISCIPLINARY ACTION
Hedc
407.01 Violations.
(a) Alleged violations of RSA 292:8-g and RSA
292:8-h shall be reported by the commission to the department of justice for
enforcement.
(b) Written notification of alleged violations
shall be given to the institution by the director.
(c) Institutions shall provide a written response
to the commission within 30 calendar days.
(d) The commission shall consider the
institution’s response and provide the opportunity for the institution to make
an oral presentation.
(e) Any institution dissatisfied with the
commission’s decision may request a hearing within 60 days of the commission’s
decision.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
407.02 Suspension or Revocation of
Authority.
(a) Degree-granting authority of any institution
which no longer meets the standards established by rules shall be suspended or
revoked, pursuant to RSA 21-N:8-a,II(e).
(b) Any institution which has not conducted
regular instruction for 3 consecutive years and whose charter has not been repealed
pursuant to RSA 292:8-ff IV, shall be evaluated before resumption of
instruction.
(c) Degrees which an institution has not awarded
for 4 years shall be evaluated pursuant to Hedc 405 prior to the re-awarding of
any such degree.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
Hedc
407.03 Hearing. Any institution dissatisfied with the
commission’s decision may request a hearing within 60 days of the date of the
commission’s decision.
Source. #10429, eff 10-5-1313 (See Revision Note at
chapter heading for Hedc 400)
PART Hedc 408
FEES
Hedc
408.01 Fees.
(a) Fees for commission reviews and actions, and professional
stipends, shall be as specified in Table Hedc 400-1 below.
Table Hedc 400-1 SCHEDULE OF REQUIRED
INSTITUTIONAL FEES |
|
Action |
Fee |
INCORPORATION |
|
New institution – main campus in |
$10,000 |
New institution – main campus outside the |
$20,000 |
Out-of-state incorporated/branch campus in
|
$10,000 |
|
|
COMMISSION REVIEWS |
|
Comprehensive Review (per program) |
$ 1,500 |
Expedited Review (per program) |
$ 1,000 |
Administrative Review (per program) |
$ 500 |
Accreditation Observation by Director |
$ 500 |
Annual Report from Out-of-State
Institution (Hedc 406.02 (a)) |
$ 500 |
|
|
SUBSTANTIVE CHANGE IN
GOVERNANCE |
$ 750 |
|
|
ACQUISITION, MERGER,
TRANSFER, OR |
$ 1,000 |
|
|
INSTITUTIONAL CLOSURE |
$ 3,000 |
|
|
DISCIPLINARY ACTION |
$ 3,000 |
|
|
STIPENDS |
|
Chair – in-state site visit |
$ 2,000 |
Chair – international site visit |
$ 3,000 |
Team Member – in-state site visit |
$ 1,000 |
Team Member – international site visit |
$ 1,500 |
Accreditation Observer – in-state site
visit |
$ 1,000 |
Accreditation Observer – international
site visit |
$ 1,500 |
CLOSED SCHOOL TRANSCRIPTS |
|
Transcript Request Fee per transcript |
$ 20 |
(b) All direct costs for institutional and/or
program evaluations shall be the responsibility of the requesting institution.
(c) Evaluators/observers shall be reimbursed for
all expenses related to the evaluation, such as travel, lodging, and
meals. Payment shall be made to the
individual, but forwarded to the commission for recording 10 days following the
site visit.
(d) Checks for required fees shall be made
payable to: Treasurer, State of
Source. #10429, eff 10-5-1313
(See Revision Note at chapter heading for Hedc 400)
APPENDIX
Rule |
Statute |
Hedc 401 |
RSA 21-N:8-a,II(a) |
Hedc 402 |
RSA 292:8-h |
Hedc 403 |
RSA 292:8-c, RSA292:8-h |
Hedc 404.01 - Hedc 404.02 |
RSA 292:8-f |
Hedc 404.03 - Hedc 404.05 |
RSA 292:8-f, RSA 292:8-ff |
Hedc 405 |
RSA 292:8-f |
Hedc 406.01 - Hedc 406.02 |
RSA 292:8-ff |
Hedc 406.03 |
RSA 21-N:8-a,II,(e)(1) |
Hedc 406.04 |
RSA 292:8-ff,II,(b) |
Hedc 406.05 |
RSA 292:8-ff,II,(a) |
Hedc 406.06 |
RSA 292:8-kk |
Hedc 407.01 |
RSA 292:8-ff,III |
Hedc 407.02 |
RSA 21-N:8-a,II(e) |
Hedc 407.03 |
RSA 541-A:30-a, V |
Hedc 408 |
RSA 21-N:8-a,II(e)(5) |