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entitled "Closed Courses" was not readopted or repealed by Document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#6398 had superseded all prior filings for the rules in former Chapters Pos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
(HEC):
(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 New Hampshire that:
(1) Are non-profit members of
The National Council for State Authorization Reciprocity Agreements (NC-SARA)
offering credit-bearing courses, programs, 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 New Hampshire institution that provides credit to New
Hampshire college and university students; or
(4) Contract with a New
Hampshire entity that develops curriculum or instructional materials.
Source. #10429, eff 10-5-13 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc
401.02 Institutions Under Commission
Jurisdiction. The following
institutions shall be subject to the jurisdiction of the HEC:
(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, or doctoral
degrees in New Hampshire;
(b) Institutions planning to establish
or having an administrative office in New Hampshire;
(c) Out-of-state institutions who
are not members of NC-SARA seeking to offer open or closed credit-bearing
internships, practicums, courses, programs, or degrees that have a physical presence
in New Hampshire;
(d) Previously approved international institutions, at the sole
discretion of the institution; and
(e) Teacher certification program(s) offered by approved New
Hampshire institutions. These programs shall also fall under the
provisions of RSA 186:11 and Ed 600.
Source.
#10429, eff 10-5-13 (See Revision Note at chapter heading for Hedc 400); ss by
#13802, eff 11-2-23
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 (HEC) established in RSA 21-N:8-a;
(b)
“Director”
means the director of the division of educator support and higher education at
the New Hampshire department of education, or designee;
(c) “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; and
(d) “The National Council for State Authorization
Reciprocity Agreements (NC-SARA)” means the entity which governs reciprocity
agreements between member states, territories, and districts of the United
States of America. These agreements permit member institutions in member states,
territories, and districts of the United States of America to offer online
educational programs without requiring separate approvals.
Source. #10429, eff 10-5-13 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
PART Hedc 403 INCORPORATION
Hedc
403.01 Institutions Seeking Incorporation in New Hampshire.
Pursuant to RSA 292:8-c through 8-h, the commission shall advise the legislature concerning the granting of
degrees. Any institution that intends to seek incorporation as a
degree-granting institution in New Hampshire 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.
Source. #10429, eff 10-5-13 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
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 New Hampshire.
Source. #10429, eff 10-5-13 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
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; and
(2) 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
administrative review requires the institution’s written plan to respond to
each standard in Hedc 405 as appropriate.
(e) The
administrative review shall be conducted by the director, their designee, or by
an evaluation team.
(f) The
administrative
review shall be used for the following:
(1) In-state institutions seeking
degree-granting approval for a new degree, a new degree level, a new program within an existing
approved degree level, or a review of an already approved program not covered
by earlier approvals;
(2) Out-of-state institutions seeking approval to
open a branch campus;
(3) Out-of-state institutions seeking approval to
offer credit-bearing courses, programs, degrees, internships, or practicums;
and
(4) In-state or out-of-state
institutions voluntarily seeking approval to offer innovative or pilot programs, specialized
certificates, assessments, or programs.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
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 its work with specialized licensing or professional accrediting
agencies when such is pertinent to professional practice of development, or
when licensure is required in New Hampshire for professional practice
pursuant to RSA 292:8-e.
(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 of the institution’s
receipt of the report.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc
404.04 Administrative Review.
(a) Any
institution undergoing an 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 or duration of the offering(s);
(11) 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;
(12) Certificate of registration
filed with the New Hampshire secretary of state; and
(13) Copies of a signed
contract or memorandum of understanding with the New Hampshire educational
or business entity, if applicable.
(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); ss by #13802, eff 11-2-23
Hedc 404.05 Evaluation
Materials. An institution shall submit an electronic version of
a written plan that addresses the standards in Hedc 405 to the department of
education, office of higher education, as listed on the department website https://www.education.nh.gov/pathways-education/higher-education-new-hampshire.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc 404.06 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.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23 (formerly Hedc 404.07)
PART Hedc 405 STANDARDS FOR EVALUATION
Hedc
405.01 Mission
and Purposes.
(a) In its written plan, the
applicant shall set forth a well-defined
statement of the institution’s mission and purposes.
(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 mission and purposes
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 New Hampshire secretary of state.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc
405.02 Planning and Evaluation.
(a)
The applicant shall describe its planning process and provide evidence of the
following:
(1)
The institution's plan beyond a short-term horizon, including strategic
planning that involves realistic analyses of internal and external
opportunities and constraints;
(2)
The results of strategic planning that are implemented through financial, academic,
enrollment, and other supporting plans;
(3)
Institutional allocation of resources that are consistent with planning
priorities;
(4)
How the institution plans for and responds to financial, enrollment, and
other contingencies; and
(5)
The institution’s record of success in implementing the results of its
planning.
(b)
The applicant shall provide evidence
that it regularly and systematically evaluates the achievement of its mission
and purposes as follows:
(1)
The institution's policy and procedures for evaluating the quality and
effectiveness of its academic programs;
(2)
The institution's evidence of student learning outcomes; and
(3)
The institution's demonstration of record of success in using the results of
its evaluation activities to inform planning, changes in programs and services,
and resource allocation.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc 405.03 Organization
and Governance. The applicant shall describe its organization and
governance structures in its written plan, including:
(a) Organizational charts showing
the lines of authority and the relationships among component units and
personnel;
(b) Evidence of a governing
board that reflects diversity and complies with its bylaws;
(c) Evidence that the governing
board responsible for the general policies and control of the institution conducts
itself as follows:
(1) Meets at least twice in each fiscal
year; and
(2) Keeps written minutes of
the actions taken at these formal meetings or otherwise maintains a record of
proceedings; and
(d) A
description of the roles of the 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); ss by #13802, eff 11-2-23 (formerly Hedc 405.02)
Hedc 405.04 The Academic 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 and learning goals in all published written and electronic
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) Providing evidence
that it provides students with course syllabi that includes:
(1) Course objectives;
(2) Course outcomes;
(3) Requirements; and
(4) Standards of achievement;
(e)
Providing
evidence that the internal structure of course(s) rests within the purview of
the appropriate faculty and academic leadership;
(f)
Clearly describing
the process for development, review, and approval of educational policy;
(g)
Documenting
provisions for a systematic and broad-based assessment of student learning,
assessment of educational program(s), and the evaluation and improvement of
instruction;
(h)
Articulating a
sequence of courses leading to the attaining of a degree in the respective area
or field of study;
(i)
Linking program
goals with achievement of student outcomes;
(j) At
the associate degree level, having requirements for graduation that are based
upon successful completion of a minimum of 60 semester hours of study;
(k) At
the
baccalaureate degree level, providing 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, ensuring that the educational program provided
contains at least as many hours as an institution organized on the usual
semester basis;
(m)
Providing evidence that all courses offered by correspondence, online, 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;
(n) Stating its policies and
procedures for consideration of transfer credits; and
(o)
Demonstrating it publishes its graduation requirements in writing or on
its website.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc 405.05 Teaching,
Learning, and Scholarship.
(a) The institution shall support teaching and
learning through a well-qualified faculty and academic staff as follows:
(1) Staff competence as evidenced by:
a. Academic degrees from appropriately accredited institutions;
b. Academic knowledge in the discipline in which they teach; and
c. 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;
(2) Meeting or exceeding the
following standards in a 2-year associate program:
a. Faculty shall hold at least a master’s degree or its equivalency as
determined under (1) above; and
b. The entire faculty shall have
education or equivalent experience in the field of specialization in which they
are teaching;
(3) Meeting or exceeding the
following standards in a 4-year baccalaureate degree program:
a. Faculty shall hold at least a
master’s degree or its equivalency as determined under (1) above, in the field
of specialization in which they are teaching;
b. At least 25% of the
full-time faculty shall hold a doctoral degree or the appropriate terminal degree; and
c. The entire faculty shall
have education or equivalent experience in the field of specialization in which they
are teaching;
(4) Meeting or exceeding the
following standards in a master’s degree program:
a. Faculty shall hold at least
a master’s degree or its equivalency as determined under (1) in the field
of specialization
in which they are teaching;
b. A majority of the faculty shall have
satisfactorily completed work beyond the master’s degree; and
c. At least 40% of the full-time faculty
shall hold a doctoral degree or an appropriate terminal degree;
(5) If teaching in a doctoral
program, the faculty member shall hold a doctoral degree;
(6) If teaching in a
professional degree program, the faculty member shall hold a doctoral or professional degree;
(7) If granted approval to teach by
the institution, a faculty member shall have an equivalency for any of the
positions listed in (2) through (4) above, or meet the following requirements:
a. The institution shall state the
reason for its equivalency in a narrative statement; and
b. 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;
(8)
The number of faculty and academic staff shall be sufficient in number,
with a full-time commitment to the institution and length of service to ensure continuity of
the education program;
(9) Student-faculty ratios
shall be sufficient in number to ensure consistency with the mission of the
institution, and
meet the following standards:
a. 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; and
b.
The faculty shall consist of full-time appointments sufficient in number
and length of service to ensure continuity and stability of the educational
programs;
(10) Teaching load shall be
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;
(11) Professional and institutional
responsibilities shall be specifically defined in writing;
(12) Expectations for continuing
professional study or scholarly activity shall be clear, and faculty are encouraged to participate in
professional meetings and other scholarly activity related to faculty
disciplines;
(13) Personnel policies shall be in place
concerning matters including, but not limited to:
a.
Academic freedom;
b.
Salaries and benefits; and
c.
Incentive for professional growth; and
(14)
Policies shall be adopted, maintained, and followed governing initial
appointments, reappointments, and the dismissal of faculty, including adjunct faculty,
and records maintained that such policies are followed.
(b)
Faculty and academic staff
shall be provided with the following from the institution:
(1) The expectation that
appointments shall be made pursuant to the established procedures of the
institution and shall be promptly reported, in writing, to the governing board
of the institution;
(2) A written notice
of appointment which contains, or incorporates by specific reference, the conditions of employment and
personnel policies with regard to academic freedom and
economic security; and
(3) A letter of appointment 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); ss by #13802, eff 11-2-23
Hedc
405.06 Students. The institution shall support the
student body as follows:
(a) Describing in its written
plan the characteristics of the students it wishes to serve;
(b) Describing in its written
plan its orderly process of recruitment and admissions that complies with the
requirements of state and federal law concerning
equality of educational opportunity;
(c) Providing advising and
academic support services appropriate to the student body;
(d) Developing a student record
system that includes, but is not limited to, health counseling, financial aid,
academic transcripts, graduate employment, and performance on licensure
examinations, as appropriate; and
(e) Ensuring security and
maintenance by:
(1) Storing physical records in secure,
fire-resistant cabinets;
(2) Securing electronic records so as to
prevent loss; and
(3) Routinely maintaining a secure backup of physical and electronic
records.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc 405.07 Institutional Resources. The applicant shall include in its written
plan a description of institutional resources as follows:
(a) Human resources including,
but not limited to:
(1)
Human resources policies to include:
a. Their availability;
b. How
they are consistently applied; and
c. A
procedure for
their periodic review;
(2) Clear terms of employment, to include salary
and benefits;
(3) A plan for equal opportunity inclusion with
measurable objectives;
(4) Procedures for the regular evaluation of all
personnel; and
(5) Policies and procedures regarding
opportunities for professional development;
(b) Financial resources including, but not limited to:
(1) Plans that allow the institution to:
a. Support and
sustain its purpose;
b. Implement
its program; and
c. Graduate its
entering class as follows:
1. For institutions seeking associate
degree-granting authority, a minimum period of 4 years; and
2. For institutions seeking baccalaureate,
masters, and doctoral degree-granting authority, a minimum period of 6 years;
(2) Plans that
allow the institution to adequately and effectively
implement, achieve, and enhance its purposes and objectives as evidenced by the
following:
a. Financial
policies, procedures, and practices that ensure academic quality; and
b. A business
plan for the time period described in (b)(1)c. above,
which includes:
1. An enrollment plan including anticipated
applications, deposits, yield, and retention rates;
2. Tuition and other sources of support; and
3.
Anticipated expenses;
(3) A budget
preparation process that is inclusive, and reviewed and approved by
administrators and the institution's governing
board;
(4) A budget, sufficient in detail to identify operating
expenses including categories for:
a. Instruction;
b. Library;
c. Information resources and technology;
d. Student
services;
e. Financial
aid, including a calculation of the tuition discounting rate; and
f. Operation
and maintenance of the physical plant;
(5) A chief
financial officer responsible for administration of the financial resources
with qualifications as follows:
a. Expertise,
education, academic degrees, and an understanding of higher education finances;
b. Experience
with financial and business operations of a higher education institution;
and
c. Experience
with the budget of higher education institutions, including overseeing
the budget’s formulation, revision, and implementation;
(6) Evidence to demonstrate fiscal soundness including,
but not limited to, resources which shall ensure operations through the time period described in (b)(1)c. above, to include, but not
be limited to:
a. Unrestricted
net operating income demonstrating the institution's ability to live within its
resources;
b. Resources
necessary to meet covenants in any debt or other similar obligations of the
institution;
c. Expendable
reserves to sustain academic quality should resources in a. or b. above not
meet expenditure needs in any given year; and
d. 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;
(7) A financial records monitoring process which shall:
a. Be open for
inspection and audit by the commission or its agents upon demand during normal
working hours;
b. Be
maintained in conformity with generally accepted accounting principles;
c. Include audited financial statements with an
unqualified opinion for at least 2 consecutive years. “Audited financial
statements” means independently audited and certified annual financial
statements which are completed within 6 months after the end of each fiscal
year; and
d. Be kept in
accordance with procedures that are sufficient to maintain financial integrity
that gifts or grants given to the institution shall be utilized according to
the donor's or grantor's intent;
(8) Evidence of insurance, or other instruments to
secure financial obligation, carried to protect the school's financial
interest, which shall be 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
(9) If the institution has or plans to incur debt, a plan and
procedures for maintaining and updating the plan as needed, covering the period
such debt will be outstanding which shows:
a. The
anticipated interest and principal payments throughout the life of the debt;
and
b. The
provision for payment of such interest and principal as it becomes due and
payable; and
(c) Information,
physical, and technological resources, including, but not limited to:
(1) Library
resources which shall include:
a. A written plan consistent with the
institution’s purpose, the nature of the education program, and the enrollment;
b. In-person and remote 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 described;
c. If engaged in an agreement with other
libraries and entities providing access to resources as referenced in b. above,
a plan that specifies the following:
1. The degree to which the holdings of the other
libraries or resources support the institution’s educational program and
enrollment; and
2. The degree to which students of the institution can
use these libraries or resources;
d. Services including, but not
limited to:
1. Availability for in-person and remote student use at
regularly posted times;
2. In-person and remote availability of resource and
supervisory personnel and standard library services including, but not limited
to, circulation, reference services, instruction, and
interlibrary loans; and
3. Provisions for an atmosphere conducive to learning;
e. A method for keeping
up-to-date records of circulation, holdings, inventory data, materials on
order, current periodicals received, subscription data base usage, expenditures,
and budgets;
f. Evidence of sufficient holdings
consistent with the purpose, the course offerings, and enrollment of the
institution;
g. A method and timetable for
review of its holdings to assure that the holdings remain consistent with the course
offerings; and
h.
A budget adequate to maintain the above standards; and
(2) Physical
and technological resources which shall include:
a. A
description of physical and technological resources necessary to achieve the
purpose stated in the applicant’s written plan including:
1. Evidence that facilities are constructed and
maintained in accordance with all applicable health and safety standards,
codes, ordinances, and laws;
2. For facilities not owned by the institution,
evidence through a lease or other documentation that facilities and
technologies are available to meet the institution’s stated objectives;
3. A plan for how the institution provides
information technology to support its academic and administrative operations;
and
4. Policies and procedures to ensure the
integrity and security of data, and the privacy of individuals.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc 405.08 Educational
Effectiveness. The institution shall
demonstrate its effectiveness by measures of student outcomes and program
objectives as follows:
(a) Providing clear public statements about what
students are expected to gain from their educational experience;
(b) Clearly stating objectives for student
learning for each academic program;
(c) Demonstrating use of a variety of
quantitative and qualitative methods, and direct and indirect methods to measure
student outcomes and program objectives; and
(d) Demonstrating use of student and program
assessments to inform its planning and resource allocation.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
(a) Explicitly
worded statements about its:
(1) Current status with the
commission;
(2) Approvals from required
licensing agencies; and
(3) Approvals from regional,
national, and specialized accrediting agencies;
(b) Identification
of mission, ownership, and control of the institution;
(c) Information
about the governing board, staff, faculty, and the student body;
(d) Admission
requirements;
(e) Courses,
programs, and 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;
(j) List
of current faculty, indicating:
(1) Program affiliation;
(2) Full or
part-time status;
(3) Degrees held; and
(4) 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); ss by #13802, eff 11-2-23
PART Hedc
406 CONTINUING REVIEW
Hedc
406.01 Annual Reports.
(a) Institutions under the jurisdiction of the
commission shall file copies of correspondence and annual or other reports
required by its recognized regional or national accreditation agencies
recognized by the U.S. Department of Education, the council for higher
education accreditation, or both.
(b) Institutions shall authorize such accrediting
agencies to release these documents to the commission should this be required.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
Hedc
406.02 Additional Reports.
(a) Out-of-state
institutions having commission approvals shall file annual 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 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 as necessary to provide additional information on
the status of program approval.
(d) A comprehensive administrative review may be
conducted to seek additional institutional or program information related to
Hedc 405 regarding standards of evaluation based on:
(1) Information obtained by accreditors and communicated
to the commission as an item(s) of concern; or
(2) Based on student complaints
to the commission or department.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
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
accreditation, 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 U.S. Department of Education, the council for higher education accreditation,
or both, within 8 years of receiving initial commission approval.
(c) An institution may make a written application
for a time extension to (b) above for a period not to exceed 2 years. Reasons for an extension shall be unforeseen
internal or external circumstances causing a delay in the accreditation
process. The approval for a time extension shall require a majority vote of the
commission.
(d) Any
change in status with accreditor(s), including notices of concern or 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); ss by #13802, eff 11-2-23
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); ss by #13802, eff 11-2-23
Hedc
406.05 Institutions Undergoing an Acquisition, Merger, Transfer, Sale of
Assets. Any institution undergoing an acquisition, transfer,
sale of assets if more than 25%, or merger, shall inform the commission by
submitting the following:
(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) Accreditor(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. Mission;
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); ss by #13802, eff 11-2-23
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) In
addition to the requirements outlined in RSA 292:8-kk, any institution that
closes shall also submit a typed list of
students.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
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); ss by #13802, eff 11-2-23
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 406 prior to the re-awarding of any such degree.
Source. #10429, eff 10-5-1313 (See Revision Note at chapter
heading for Hedc 400); ss by #13802, eff 11-2-23
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); ss by #13802, eff 11-2-23
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 New Hampshire |
$10,000 |
|
|
|
|
Out-of-state
incorporated/branch campus in New Hampshire |
$10,000 |
|
|
|
|
COMMISSION REVIEWS |
|
|
Comprehensive
Review |
$ 2,500 |
|
|
|
|
Administrative
Review |
$ 750 |
|
Accreditation
Observation by Director or designee |
$ 500 |
|
Annual Report
from Out-of-State Institution (Hedc 406.02 (a)) |
$ 500 |
|
|
|
|
REVIEW FOR SUBSTANTIVE CHANGE IN
GOVERNANCE |
$ 2,550 |
|
|
|
|
REVIEW OF ACQUISITION, MERGER,
TRANSFER, OR SALE OF ASSETS |
$ 2,500 |
|
|
|
|
INSTITUTIONAL CLOSURE |
$ 3,000 |
|
|
|
|
DISCIPLINARY ACTION |
$ 3,000 |
|
|
|
|
STIPENDS |
|
|
Chair –
in-state site visit |
$ 2,500 |
|
Chair –
international site visit |
$ 3,000 |
|
Team Member –
in-state site visit |
$ 1,500 |
|
Team Member –
international site visit |
$ 2,000 |
|
Accreditation
Observer – in-state site visit |
$ 2,000 |
|
Accreditation
Observer – international site visit |
$ 3,000 |
|
CLOSED SCHOOL TRANSCRIPTS |
|
|
Transcript
Request Fee per transcript |
$ 25 |
(b) All
direct costs for institutional or program evaluations shall be the
responsibility of the requesting institution.
(c) Evaluators
or 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 New Hampshire” and forwarded to the commission prior to on-site
visits.
Source. #10429, eff 10-5-1313
(See Revision Note at chapter heading for Hedc 400); ss by #13802, eff 11-2-23
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) |