TITLE XV
EDUCATION

Chapter 200-A
THE NEW ENGLAND HIGHER EDUCATION COMPACT

Section 200-A:1

200-A:1 New England Higher Education Compact. – The governor on behalf of the State of New Hampshire is hereby authorized to execute a compact, in substantially the following form, with any one or more of the states of Connecticut, Maine, Massachusetts, Rhode Island and Providence Plantations and Vermont, and the legislature hereby signifies in advance its approval and ratification of such compact.
NEW ENGLAND HIGHER EDUCATION COMPACT
Article I
The purpose of the New England higher education compact shall be to provide greater educational opportunities and services through the establishment and maintenance of a coordinated educational program for the persons residing in the several states of New England parties to this compact with the aim of furthering higher education in the fields of medicine, dentistry, veterinary medicine, public health and in professional technical, scientific, literary and other fields.
Article II
There is hereby created and established a New England Board of Higher Education hereinafter known as the board which shall be an agency of each state party to the compact. The board shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the concurrent act or acts of the compacting states. The board shall consist of 8 resident members from each compacting state, chosen in the manner and for the terms provided by law of the several states parties to this compact.
Article III
This compact shall become operative immediately as to those states executing it whenever any 2 or more of the states of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and Connecticut have executed it in the form which is in accordance with the laws of the respective compacting states.
Article IV
The board shall annually elect from its members a chairman and vice-chairman and shall appoint and at its pleasure remove or discharge said officers. It may appoint and employ an executive secretary and may employ such stenographic, clerical, technical or legal personnel as shall be necessary, and at its pleasure remove or discharge such personnel. It shall adopt a seal and suitable bylaws and shall promulgate any and all rules and regulations which may be necessary for the conduct of its business. It may maintain an office or offices within the territory of the compacting states and may meet at any time or place. Meetings shall be held at least twice each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the board imposing any obligation on any compacting state shall be binding unless a majority of the members from such compacting state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of education affecting only certain of the compacting states, the board may vote to authorize special meetings of the board members of such states. The board shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each compacting state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the compacting states which may be necessary to carry out the intent and purpose of this compact. The board shall not pledge the credit of any compacting state without the consent of the legislature thereof given pursuant to the constitutional processes of said state. The board may meet any of its obligations in whole or in part with funds available to it under article VII of this compact, provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under article VII hereof, the board shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the compacting states adequate to meet the same. Each compacting state reserves the right to provide hereafter by law for the examination and audit of the accounts of the board. The board shall appoint a treasurer who may be a member of the board, and disbursements by the board shall be valid only when authorized by the board and when vouchers therefor have been signed by the executive secretary and countersigned by the treasurer. The executive secretary shall be custodian of the records of the board with authority to attest to and certify such records or copies thereof.
Article V
The board shall have the power to: (1) Collect, correlate, and evaluate data in the fields of its interest under this compact; to publish reports, bulletins, and other documents making available the results of its research; and, in its discretion to charge fees for said reports, bulletins, and documents; (2) Enter into such contractual agreements or arrangements with any of the compacting states or agencies thereof and with educational institutions and agencies as may be required in the judgment of the board to provide adequate services and facilities in educational fields covered by this compact; provided that it shall be the policy of the board in negotiation of its agreements to serve increased numbers of students from the compacting states through arrangements with then existing institutions, whenever in the judgment of the board adequate service can be so secured in the New England region. Each of the compacting states shall contribute funds to carry out the contracts of the board on the basis of the number of students from such state for whom the board may contract. Contributions shall be at the rate determined by the board in each educational field. Except in those instances where the board by specific action allocates funds available to it under article VII hereof, it shall be the policy of the board to enter into such contracts only upon appropriation of funds by the compacting states. Any contract entered into shall be in accordance with rules and regulations promulgated by the board and in accordance with the laws of the compacting states.
Article VI
Each state agrees that, when authorized by the legislature pursuant to its constitutional processes, it will from time to time make available to the board such funds as may be required for the expenses of the board as authorized under the terms of this compact. The contribution of each state for this purpose shall be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of the census of the United States of America; unless the board shall adopt another basis in making its recommendation for appropriation to the compacting states.
Article VII
The board for the purposes of this compact is hereby empowered to receive grants, devises, gifts and bequests which the board may agree to accept and administer. The board shall administer property held in accordance with special trusts, grants and bequests and shall also administer grants and devises of land and gifts or bequests of personal property made to the board for special uses and shall execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities.
Article VIII
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby; provided, that if this compact is held to be contrary to the constitution of any compacting state the compact shall remain in full force and effect as to all other compacting states.
Article IX
This compact shall continue in force and remain binding upon a compacting state until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until 2 years after notice thereof has been sent by the governor of the state desiring to withdraw to the governors of all other states then parties to the compact. Such withdrawal shall not relieve the withdrawing state from its obligations accruing hereunder prior to the effective date of withdrawal. Any state so withdrawing, unless reinstated, shall cease to have any claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of the compact. Thereafter, the withdrawing state may be reinstated by application after appropriate legislation is enacted by such state, upon approval by a majority vote of the board.
Article X
If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights and privileges and benefits conferred by this compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the board. Unless such default shall be remedied within a period of 2 years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of 3/4 of the other member states. Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and approval by a majority vote of the board.

Source. 1955, 232:1. 1981, 368:1, eff. June 23, 1981.

Section 200-A:2

200-A:2 Effective Date. – When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy to be filed with the secretary of state, and when said compact shall have been ratified by one or more of the states named in RSA 200-A:1, then said compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying said compact, and to take such steps as may be necessary to secure the consent of the congress of the United States to said compact.

Source. 1955, 232:2, eff. June 30, 1955.

Section 200-A:3

200-A:3 Membership of Board. – There shall be 8 resident members from New Hampshire on the New England Board of Higher Education as provided in article II of the compact. One of such resident members shall always be the chancellor of the university system. The second resident member shall be the director of the division of educator support and higher education, department of education. The third resident member shall be the chancellor of the community college system of New Hampshire. The fourth and fifth resident members shall be citizens of the state appointed by the governor and council. The sixth resident member shall be a member of the house of representatives appointed by the speaker of the house. The seventh member shall be a member of the senate appointed by the president of the senate. The eighth resident member shall be a representative of a private college in New Hampshire appointed by the governor and council. The term of office for each of the first 3 resident members shall be concurrent with his or her term as chancellor or director. The term of office for each of the latter 5 resident members shall be for 4 years and until a successor is appointed and qualified, except that the term of any member of the general court shall terminate if such member shall cease to be a state legislator. In that case, another member shall be appointed in a like manner for the unexpired term. The term of the member representing a private college shall end if the member's association with the private college terminates. Each member of the board shall receive his or her expenses actually and necessarily incurred by the member in the performance of his or her duties as a member. In addition to their expenses, the fourth, fifth, sixth, seventh, and eighth members shall receive $15 per day compensation for time actually spent in the work as a member of the New England Board of Higher Education, provided that the total for expenses and per diem compensation for any of such 5 members shall not exceed the sum of $500 during any one fiscal year. All expenses and per diem compensation shall be audited by the commissioner of administrative services as expenses of other employees are audited and shall be a charge against any appropriation provided for this purpose.

Source. 1955, 232:3. 1981, 368:2. 1985, 233:4; 399:3, I. 2003, 38:1. 2007, 361:28, eff. July 17, 2007. 2011, 224:134, eff. July 1, 2011. 2018, 315:22, eff. Aug. 24, 2018.

Payment to Outside Schools

Section 200-A:4

200-A:4 Appropriations. – The state of New Hampshire may biennially appropriate funds for the purpose of contributing to the operational costs at colleges and universities of qualified and accepted New Hampshire residents, pursuant to regional and/or reciprocal agreements and arrangements in the educational field as executed and approved by the New England Board of Higher Education.

Source. 1959, 214:1, eff. July 1, 1961.

Section 200-A:5

200-A:5 Certification to Department of Education. – The New England Board of Higher Education shall certify to the department of education, division of educator support and higher education on or before October 1 of the year preceding each legislative session the amounts needed to carry out the purposes of RSA 200-A:4 for the coming biennium. Upon such certification, the division shall include such amounts in the budget request for its division. The sums appropriated by the legislature in accordance with the provisions of this subdivision shall be a continuing appropriation and shall not lapse.

Source. 1959, 214:1. 1977, 600:22, I, eff. July 1, 1977. 2011, 224:135, eff. July 1, 2011. 2018, 315:23, eff. Aug. 24, 2018.

Section 200-A:6

200-A:6 Payments From Funds. – The amount that may be or may become due to any college, university, or institution shall be payable by the state treasurer to such institution from funds appropriated for carrying out the purposes hereof upon certification by the New England Board of Higher Education. Said board, before approving such vouchers, shall satisfy itself that such student would be unable to receive the course of instruction at any institution of public education in New Hampshire, and shall satisfy itself that the charge made by said institution is in accordance with the terms and conditions of the regional and/or reciprocal agreement in effect between the New England Board of Higher Education and the charging institution. The department of education, division of educator support and higher education shall examine and audit the accounts showing the payments made by the board under the authority of this section. In submitting the budget request made by it pursuant to the certification of the board as provided in RSA 200-A:5, the division shall forward with such request a report of such examination and audit, showing the details of such payments for the 2 fiscal years next preceding the time of said budget requests.

Source. 1959, 214:1. 1977, 600:22, II, eff. July 1, 1977. 2011, 224:135, eff. July 1, 2011. 2018, 315:24, eff. Aug. 24, 2018.

Section 200-A:7

200-A:7 Qualification Requirements. – Financial assistance under this chapter shall be granted only to those New Hampshire residents who agree to repay the state for such sums as are expended in their behalf. An interest free note for repayment hereunder shall be signed and be enforceable in an action for debt. It shall not be a defense to such action that the recipient was a minor when the note was executed.

Source. 1972, 60:75, eff. March 27, 1972.

Section 200-A:8

200-A:8 Enforcement. – The department of education, division of educator support and higher education is authorized to enforce the collection of accounts that become due under the loan provisions of this chapter.

Source. 1972, 60:75. 1977, 600:22, III, eff. July 1, 1977. 2011, 224:136, eff. July 1, 2011. 2018, 315:25, eff. Aug. 24, 2018.

Section 200-A:9

200-A:9 Repayment of Funds by Medical Students. – The department of education, division of educator support and higher education shall prepare a note for signature of any medical student who is a recipient hereunder. The note shall be in an amount that equals the amount paid by the state treasurer for their respective enrollment. Repayment of the note shall be made in equal annual installments beginning on the anniversary date of the recipient's graduation date or termination of enrollment, whichever shall first occur, provided, however, that if the recipient continues without interruption of his or her medical education and/or his or her intern requirements said anniversary date shall be the anniversary of the date on which said continued education or internship terminates. Within a period equal to twice the number of school years of his or her respective enrollment, plus one year, all installments shall be paid in full to the division. The division shall reduce any annual installment by 1/2, providing the recipient has practiced medicine on a full time basis in New Hampshire during 8 of the preceding 12 months.

Source. 1972, 60:75. 1977, 600:22, IV, eff. July 1, 1977. 2011, 224:136, eff. July 1, 2011. 2018, 315:26, eff. Aug. 24, 2018.

Section 200-A:10

200-A:10 Prospective Application of Repayment Provisions. – The provisions of RSA 200-A:7 and 8 shall apply only to recipients whose enrollment in medical school commenced in 1972 or any year thereafter. Any recipient under the provisions of this chapter whose enrollment in medical school commenced prior to 1972 may voluntarily make repayment to the state of all or any part of the funds paid by the state in his behalf.