Agency Information

Guide Topics

Agency Contact

Stephen Appleby
603.333.2047
stephen.m.appleby@doe.nh.gov

Secretary of State Contact

David M. Scanlan
603.271.3242
elections@sos.nh.gov

Topic 1: Important Agency Information to Note

Provide important web links:

What types of institutions are subject to this agency’s authority? Indicate the types of institutions that your agency authorizes.

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

_____  Public, in-state degree granting institutions
__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
__X__ Public, in-state, non-degree granting institutions
__X__ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

____ Institution

_____ Program

__X__ Both

Clarifying comments:

No response provided

Topic 2: Authorization of Distance Education

Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

  • Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
  • Meaning as example, a solely online program that does not have any internships and practicums

No.

Clarifying comments

No response provided

Topic 3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

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. (NH Hedc 406.03)

If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:

__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
__X__ Public, in-state, non-degree granting institutions
_____  Public, out-of-state, non-degree granting institutions
_____ Non-degree, not-for profit institutions
_____ Non-degree, for-profit institutions
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

Clarifying comments:

No response provided

Topic 4: Physical Presence Policy

If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.

“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

PART Hedc 402.01 (c)

Web link for physical presence definition.

Hedc 400 (state.nh.us) (PART Hedc 402 Definitions)

Does a clinical/internship trigger the requirement for authorization with your agency?

Yes.

Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

No.

Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No.

Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No.

Does having an administrative site in your state trigger the requirement for authorization with your agency?

Yes.

Does having a recruiter in your state trigger the requirement for authorization with your agency?

No.

Clarifying comments:

No response provided

Topic 5: Application Process

Please provide a short description of the application process to obtain state authorization.

A representative from the requesting institution sets up a meeting with the director or designated representative, to discuss proposed plans. The institution representative shall identify the name of the institution • approval being sought • the reason therefore • the proposed timeline • anticipated benefits to students and the state of New Hampshire.

Web link for application.

Higher Education Links and Resources

Procedures for College/University Comprehensive Review

Procedures for College/University Expedited/Administrative Review

Clarifying comments:

We do not have an Application per se – a person would follow Standards in Hedc 400 – NH Code of Administrative Rules. See the Procedures for the Reviews in the above question.

Topic 6: Fees Associated with Authorization

Is there an application fee associated with the authorization process?

Yes. There is an application fee associated with the authorization process.

If yes, what is the fee or fee schedule?

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 (per program) $ 2,500
   Administrative Review (per program) $    750
   Accreditation Observation by Director $    500
   Annual Report from Out-of-State Institution (Hedc 406.02 (a)) $    500
SUBSTANTIVE CHANGE IN GOVERNANCE $ 2,550
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
   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 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 New Hampshire and forwarded to the Commission prior to on-site visits.

Web link for fee information.

Hedc 400 (state.nh.us)

Clarifying comments:

No response provided

Topic 7: Surety Bonds

Does your agency require a Surety Bond for authorized out-of-state institutions?

Any non-degree granting approved career schools under the jurisdiction of the Higher Education Commission shall submit notarized proof of surety indemnification in the form of a bond, an irrevocable letter of credit, or a term deposit pursuant to RSA 188-G:3. Any degree granting approved institution under the jurisdiction of the Commission shall not be required to submit a bond.

Web link for surety bonds.

License Application Procedures

Clarifying comments:

No response provided

Topic 8: Student Tuition Recovery Fund

Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No

If yes, for what types of institutions?

No response provided

Web link for student tuition recovery fund.

No response provided

Clarifying comments:

No response provided

Topic 9: Tuition Refund Policy

Does your agency have a Tuition Refund Policy Requirement?

Yes. NH has a refund policy requirement.

If yes, for what types of institutions?

Approved degree granting and non-degree granting institutions.

Web link for tuition refund policy.

Each approved institution must have their respective cancellation and refund policies included as part of their Public Disclosure requirements.

Clarifying comments:

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:

[…] (k) Cancellation and refund policies;

Topic 10: Reporting

What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?

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. Additional report(s) shall be required at the discretion of the Commission as necessary to provide additional information on the status of program approval. (NH Hedc 406.02 a, c)

How frequently do institutions report data?

Annual and/or additional report(s) at the discretion of the Commission.

Is this information shared publicly?

Information regarding annual report(s), and/or additional reports are included in the institutions approval letter and can requirements can be found at:

Hedc 400 (state.nh.us)

Web link for reporting.

Higher Education in NH

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

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 NH 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.

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.

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.

Web link for enforcement information.

Hedc 400 (state.nh.us)

Clarifying comments:

No response provided

Topic 12: Student Complaints - Non-SARA Participating Institutions

Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

Federal regulations require that each state have a process to review and appropriately act upon three types of student complaints: consumer protection, approval/licensure, and quality of education. The Division of Educator Support and Higher Education, under New Hampshire statutes and Administrative Rules, is responsible for reviewing such allegations.

1. Before students submit a complaint to this Division, they must first contact the appropriate official(s) at the institution they are attending (or attended), and follow the grievance procedures outlined in that institution’s catalog and Web site. If an individual continues to have an allegation against any college, university, or postsecondary career school (higher education institution) operating within the state, s/he should file a complaint using the complaint form linked below.

2. The Division will acknowledge receipt of the complaint, and if the matter is within defined statutory authority, take appropriate action.

The Division does not intervene in the internal procedures of higher-education institutions, but does, however, respond to allegations that raise significant questions about the institution’s compliance with the NH Code of Administrative Rules:

Chapter Hedc 400 (Degree-Granting Higher Education Institutions With A Physical Presence In New Hampshire)

Chapter Hedc 300 (Office of Career School Licensing).

If the allegation is applicable to a program that is approved for veterans’ educational benefits, then compliance with the applicable Federal statutes and regulations (Title 38) shall be reviewed.

3.  If the nature of the matter is not within Division authority, the complainant will be advised to contact the proper authority.

If you are a client of the NH Department of Education’s Bureau of Vocational Rehabilitation, please contact your counselor directly.

If you are not a current or former student and have a grievance, please fill out the complaint form below and we will determine if your complaint falls within Division authority.

Higher Education Complaint Form Note: You should receive a confirmation e-mail upon successful submission of the form.

Web link for the non-SARA complaint form.

Higher Education Complaint Form

How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

No response provided

Is the non-SARA process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

The process for handling student complaints are handled all within the NH DOE Agency.

Who is the contact person or entity for your state for receiving non-SARA student complaints?

  • Contact Name: Stephen Appleby
  • Title: Director, Division of Educator Support and Higher Education
  • Agency:  NH Department of Education
  • Address:  25 Hall Street, Concord, NH  03301
  • Email: stephen.m.appleby@doe.nh.gov
  • Phone:  603.333.0257
  • URL:

Clarifying comments:

No response provided

Topic 13: Records Retention

When a higher education institution closes, what is the process your state uses to ensure that transcripts/records are kept available?

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.

From what agency or entity do students request their transcripts/records from a closed higher education institution?

  • Agency Name:  NH Department of Education, Division of Educator Support and Higher Education, Closed School Transcripts
  • Contact Person:  Patricia Moquin
  • Contact Phone:  603-271-0289
  • Contact Address:  25 Hall Street, Concord, NH 03301
  • Contact Email: ClosedSchoolTranscripts@doe.nh.gov
  • Contact web site: Closed School Transcripts

Clarifying comments:

No response provided

Topic 14: Additional Information

Is there anything else about the state authorization process in your state that institutions and others ought to know about?

No.

What is your preferred method of communication?

Email.

 

Please note: There could be additional state agencies with oversight of activities of your institution.