CHAPTER Ed 400 APPROVAL OF NONPUBLIC SCHOOLS
Statutory
Authority: RSA 186:11, XXIX; RSA 21-N:9,
II
REVISION NOTE:
Document #13853, effective 1-12-24,
readopted with amendment, or readopted with amendment and renumbered, all of
the rules in Chapter Ed 400 titled “Approval of Nonpublic Schools.” Document #13853
replaces all prior filings affecting the rules in Chapter Ed 400. The former rules in Chapter Ed 400 which were
last filed under Document #10360, effective 6-15-13, did not expire on 6-15-23
but were extended pursuant to RSA 541-A:14-a until replaced by the rules in
Document #13853, effective 1-12-24.
Document #13853 made extensive changes
to the wording, format, and numbering of various existing rules in Chapter Ed
400, deleted some existing rules, and inserted new rules, as explained
below. Former rule numbers are indicated
in the source notes.
Document #13853 readopted with
amendment Part Ed 401 titled “Definitions and Scope.”
Document #13853 readopted with
amendment and renumbered Ed 403.03 titled “Annual Reports” as Ed 402.01 in a
new Part Ed 402 titled “Required Annual Reports”.
Part Ed 403, formerly titled “Approval
of Nonpublic Schools for Attendance Purposes (AA)”, was retitled by Document
#13853 as “Approval of Nonpublic Schools for Attendance Purposes”. Document
#13853 readopted with amendment Ed 403.01 formerly titled “Application for
Initial Approval Status as a Nonpublic School” and retitled the rule as
“Application for Initial Approval Status for Attendance Purposes. Document #13853 readopted with amendment and
renumbered Ed 403.02 titled “Application for
Continued Approval Status for Attendance Purposes” as Ed 403.04, and inserted
two new rules—Ed 403.02 titled “Procedures for Evaluation and
Determination of the Status of a School for Attendance Purposes” and Ed 403.03
titled “Procedures for the Request of a Status Change”. Two reserved numbers in the existing Part Ed
403—Ed 403.04 and Ed 403.05—were deleted.
Part Ed 404 titled “Approval of
Nonpublic Schools for Program Purposes (AP)” was retitled by Document #13853 as
“Approval of Nonpublic Schools for Program Purposes”. Document #13853 deleted the existing rules Ed
404.02 titled “Preparation on Written Material for
Initial AP Status” and Ed 404.04 titled “Determination of Initial IP
Status”. A new rule Ed 404.03 titled
“Procedures for Request of a Status Change” was inserted. The former Ed 404.03 titled “Procedures for
Evaluation of Initial Status Of An AP School” and the former Ed 404.05 titled
“Procedures for Continuation of AP Status” were readopted with amendment and
renumbered, respectively, as Ed 404.02 titled “Procedures for Evaluation
and Determination of the Status of a School for Program Purposes” and Ed 404.04 titled “Application for Continued
Approval Status for Program Purposes”.
Document #13853 readopted with
amendment Ed 405.01 and Ed 405.02 comprising Part Ed 405 titled “Approval of a
Recognized Agency for Program Approval and Alternate Method for Program
Approval”. The rule Ed 405.02 formerly
titled “Alternative Method for Program Status” was retitled “Alternative Method
for Program Approval Status.”
Document #13853 readopted with
amendment and renumbered Part Ed 402 titled “Nonpublic Schools Eligible for
Services” as Part Ed 406 and readopted with amendment Part Ed 407 titled
“Retention of Records”. Document #13853
readopted with amendment and renumbered Part Ed 406 titled “Establishment of
the Nonpublic School Advisory Council” as Part Ed 408. The former rules Ed 406.07 titled “Request
for Grievance Conference” and Ed 406.08 titled “Grievance Conference” were
retitled, respectively, as “Request for Grievance Conference for the Denied
Approval of a Nonpublic School” and “Grievance Conference for the Denied
Approval of a Nonpublic School”. The
former Part Ed 408 titled “Grievance Procedures” was readopted with amendment
and renumbered as Part Ed 409.
The prior filings affecting the
deleted rules Ed 404.02 and Ed 404.04 included the following documents:
#2055, eff 6-16-82
#2714, eff 5-16-84
#4372, eff 2-24-88
#4961, eff 10-26-90, EXPIRED:
10-26-96
#6366, eff 10-30-96, EXPIRED:
10-30-04
#8263, eff 1-22-05
#9753, eff 7-10-10
#10360, eff 6-15-13
The prior filings affecting the former
rules Ed 403.04 and Ed 403.05, whose numbers had previously been reserved,
included the following documents:
#8263, eff 1-22-05
#9753, eff 7-10-10 (Ed 403.04
only)
#10360, eff 6-15-13
(renumbered Ed 403.04 as Ed 403.03 and repealed Ed 403.05)
PART
Ed 401 DEFINITIONS AND SCOPE
Ed
401.01 Definitions.
(a) “Accrediting agency”
means a business or other organization that evaluates schools against a set of
criteria determined by the business or other organization.
(b)
“Chartered public school” means “chartered public school” as defined by
RSA 194-B:1, IV.
(c) "Education
program" means a program consisting of subject matter and related learning
experiences for the instruction of pupils on a regular or systematic basis,
usually for a predetermined length of time which constitutes part of a school's
total education curriculum, or serves as the education component of a facility,
agency, or institution whose primary purpose does not qualify it as a school.
(d) "Nonpublic school
advisory council (NSAC)” means the nonpublic school advisory council
established by the state board as set forth in Ed 408.
(e) "Nonpublic
school" means a school established by an individual or group other than
the state, subdivision of the state, or federal government and whose operation,
or any portion thereof, rests with those officials who have not been publicly
elected or appointed. The term includes “private school,” but does not include a public academy as defined by RSA
194:23(II).
(f) "Public
school" means a school which is established and operated by a school
district, maintained primarily by public funds, and administered by a school board whose members
are elected as provided under the laws of the state of New Hampshire.
(g) “School” means an
educational institution whose primary purpose is the development of individual
potential by means of a systematic method of instruction of a defined type
comprising:
(1) A single grade or more than
one grade group or other identifiable grouping;
(2) A teacher or more than one
teacher(s) who guides and supervises the learning experience of pupils; and
(3) An education program leading to the awarding of a
diploma or appropriate certificate upon completion of the requirements of the
program.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (see Revision Note at chapter heading for Ed
400)
Ed 401.02 Types of
Approval.
(a) In order to be an
approved nonpublic school, a nonpublic school shall contain some combination of
grades K through 12 and comply with the requirements of one of the approval
categories in (e) below.
(b) A nonpublic school,
which has satisfactorily completed the requirements for status of attendance as
set forth in Ed 403, shall be approved for attendance for a period of 5 years.
(c) A nonpublic school
which meets all requirements for status of attendance and program as set forth
in Ed 404 shall be approved for status of attendance and program for a period
of 5 years.
(d) Schools that consist
only of kindergarten, pre-school levels,
or both shall not be eligible for approval as non-public schools.
(e) The following school
approval categories shall apply to the administration of Ed 400 and be
recommended to the state board for one of the following:
(1) ”Approved,” which means
that a school meets and continues to meet all requirements of Ed 403 or Ed 404;
(2) ”Preliminary approved,” which means that a school
meets the requirements of (h) and (i) below in addition to Ed 403 or Ed 404;
(3) ”Conditionally approved,” which means that a school
meets the requirements of (j) and (k) below in addition to Ed 403 or Ed 404;
(4) ”Delay in full compliance,” which
means that a school has received a recommendation in accordance with (n) below; or
(5) ”Denied approval,” which means a school that has failed to
meet the requirements of Ed 403 or Ed
404 and failed to be approved after 3 years of being conditionally approved.
(f) If one or more
facilities are to be used for educational purposes, the facilities shall be
approved or conditionally approved to operate in accordance with Ed 320 prior
to student occupancy.
(g) Approval
shall be terminated by the state board upon receipt of 2 consecutive annual
enrollment reports, as outlined in Ed 402.01, in which the school reports zero
students enrolled.
(h) A
nonpublic school, which has not been previously approved, shall be granted
preliminary approval during its first year of operation when the following
conditions have been met:
(1) If one or more facilities
are used for educational purposes, the facilities have been approved or conditionally approved to operate in accordance with Ed
320 prior to student occupancy; and
(2) There are standards not required by statute or
Ed 320 which the school is unable to meet prior to opening and which do not
prevent the school from adequately meeting the needs of its students.
(i) In
no circumstances shall preliminary approval extend beyond one school year.
(j) A nonpublic school
which does not meet all of the applicable requirements of Ed 403 or Ed 404
shall be recommended for being conditionally approved for a period of one year
provided that:
(1) The school was previously approved and is
seeking continued approval pursuant to Ed 403.04 or Ed 404.04;
(2) All identified deficiencies
and a timetable for their correction are incorporated into the approval
designation; and
(3) All facilities used by
students for educational purposes are approved or conditionally approved to
operate in accordance with Ed 320.
(k) In no case shall a
school be recommended for being conditionally approved for more than 3
consecutive school years.
(l) A conditionally
approved school which fails to meet the requirements of an approved school
pursuant to Ed 403.01 within 3 consecutive school years shall be recommended
for denied approval.
(m) A nonpublic school
recommended for denied approval shall have 10 days to make a request
to the commissioner for a grievance hearing before the NSAC grievance
committee, in accordance with the provisions of Ed 408.07.
(n) A nonpublic school
shall be considered for a delay in full compliance for up to one year upon
receipt of a written recommendation for such delay from the NSAC following a
vote of the council.
(o) The decision from the
NSAC shall include:
(1) Identifying requirements not met;
(2) Reasons why the school is unable to meet each
unmet requirement;
(3) An expected date of compliance for each requirement;
and
(4) An explanation of the unique conditions which justify
the delay in meeting all state requirements.
(p) The state board shall
hold a rehearing in accordance with Ed 213.02 for one or more of the following
conditions:
(1) Additional information has been received which
indicates that the school is not eligible for program approval status;
(2) The information submitted by the school as required in Ed
403 or Ed 404 is determined by the state board to be inaccurate or false; or
(3)
The NSAC grievance committee misapplied a
statute or administrative rule in making its recommendation.
(q) The applicant shall not advertise or offer
services as a school without approval from the state board.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95;
ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #9159, eff 5-16-08;
ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (see Revision Note
at chapter heading for Ed 400)
Ed
401.03 School Year.
(a) Each
nonpublic school shall maintain a school year consisting of the following
number of hours of instructional time:
(1) In kindergarten, at least 450 hours;
(2) In grades one through 6, at least 945 hours; and
(3)
In grades 7 through 12, at least 990 hours.
(b) Each
school shall have in its school year an additional 30 hours in duration to
provide for instructional time lost due to inclement weather or unexpected
circumstances, and shall use these additional hours to reschedule lost
instructional time before requesting a reduction of the amount of instructional
time as outlined in (h) below.
(c) A
school may have a shortened day when an emergency condition exists which might
adversely affect the health and safety of students, provided that the number of
hours of instructional time originally planned for the day shall be credited to
the number of hours of instructional time in the school year, if:
(1) On that day, the school would normally have had at
least 5.25 hours of instructional time; and
(2) The school remained open for at least 3.5 hours of
instructional time.
(d) There
shall be no requirement to reschedule instructional time for kindergarten if
morning or afternoon kindergarten sessions are canceled due to delayed opening
or early release for students in grade one or higher.
(e) A
school may conduct instruction remotely. The school shall create a plan that
includes procedures for participation by all students. Academic work shall
be equivalent in effort and rigor to typical classroom work, and include an
assessment of all student work for the day.
(f) Lunch
time, home room periods, passing time, and breaks shall not be counted toward
the required amount of instructional time. Elementary schools may count up
to 30 minutes of recess per day as instructional time for pupils in
kindergarten through grade 6. Advisory periods in middle and high schools
shall be counted as instructional time.
(g) The
school year for high school seniors may be reduced by no more than 5 days or 30
hours of instruction, whichever is less, from the number of days or hours of
instruction for other high school students.
(h)
Pursuant to RSA 189:2, the required minimum hours of instruction shall be
reduced upon written request of the school and a determination by the
commissioner, as authorized by the state board, that extraordinary
circumstances exist that would place an unreasonable burden on the school or
students.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96; amd
by #7480, eff 4-24-01; amd by #13024, EMERGENCY RULE,
eff 4-9-20, EXPIRED: 10-6-20; ss by #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (see Revision Note at chapter heading for Ed
400)
PART 402 REQUIRED ANNUAL
REPORTS
Ed
402.01 Annual Reports.
(a) Each nonpublic school
shall report enrollment by grade as of October 1 of the reporting year on
a deadline established by the department.
(b)
Each nonpublic school shall complete and submit “Nonpublic Restraint and
Seclusion Data Collection,” revised November 2023. The form shall
be completed online at https://my.doe.nh.gov/myNHDOE/Login/Login.aspx
by June 30 of each year.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED:
10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff 6-15-13;
ss by #13853, eff 1-12-24 (formerly Ed 403.03)
PART Ed
403 APPROVAL OF NONPUBLIC SCHOOLS FOR ATTENDANCE PURPOSES
Ed
403.01 Application for Initial Approval Status for Attendance
Purposes.
(a) A nonpublic school
seeking initial approval for attendance purposes shall submit the following
written materials to the department no less than 120 days prior to the proposed
date of opening:
(1) The specific education purpose(s) and objectives to be
served by the nonpublic school;
(2) A statement as to how the school shall evaluate the
achievement of its stated educational purpose(s) and objectives;
(3) The school program's
philosophic or religious traditions;
(4)
Academic competencies and personal characteristics the program
is designed to develop;
(5)
The characteristics of the student body to be served by this
program, including the criteria for student selection and admission to the
school;
(6) The relationship between
the school program and the community;
(7) Program of studies or other
document(s) that explain academic content, assessment processes, and promotion
requirements for each grade level and high school diploma requirements, if applicable;
(8)
A description of all courses, activities, and offerings
included as part of the school’s education program as defined by the school,
including a list and descriptions of the courses offered for credit;
(9) A description of the school's supporting services as
outlined in RSA 189:49, including but not limited to:
a. Health,
including a process for verification of child vaccinations required by RSA
141-C:20-a;
b. Advising
and counseling system, relative to educational, personal, and career;
c. Library
and media services;
d. Food
and health services;
e. Referral
services; and
f. Transportation services, including:
1. To and from school;
2. Field trips; and
3. Extracurricular activities;
(10) A statement indicating how the school complies
with each of the statutory requirements of nonpublic schools, pursuant to:
a. RSA 126-U, relative
to limiting the use of child restraint practices;
b. RSA 141-C:20-a, relative to immunization;
c. RSA 189:11, relative to instruction in
national and state history, government, and civics;
d. RSA 189:17, relative to flags;
e. RSA 189:19, relative
to the requirement of the use of English language;
f. RSA 189:20, relative
to teaching foreign language;
g. RSA 189:21, relative
to language of devotional exercises in private schools;
h. RSA 189:64, relative
to emergency response plans;
i. RSA 193:31-a, relative
to dual enrollment; and
j. RSA 198:20-a, relative
to payment of governmental moneys;
(11)
Administrative responsibilities and authority documented
in an organizational chart;
(12)
Description of content and policy for
storage, security, and disposition of student records to include items listed
in Ed 407;
(13) First year budget indicating anticipated expenses
and revenue, which clearly demonstrates the availability of resources to
support the program;
(14) Documentation indicating whether the school is incorporated as a
nonprofit institution and whether it has federal tax-exempt status;
(15)
Proof of registration with the New Hampshire
secretary of state as required in RSA 349; and
(16) A copy of the school’s grievance policy including,
but not limited to, procedures to address complaints concerning:
a. Bullying;
b. Teacher
misconduct;
c. Tuition
refund when a student leaves the school; and
d. The
use of child restraint practices as outlined in RSA 126-U.
(b) All applicants shall
also indicate:
(1) The educational level(s) to
be included in the school’s enrollment such as elementary, middle/junior high,
or high school, and, if the school is to be ungraded, the applicant shall
indicate the approximate age range of the pupils to be enrolled;
(2) The name, telephone number,
and mailing address of the person authorized to represent the interests of the
nonpublic school;
(3) The location and a
description of those facilities to be used for school purposes and any
off-campus facilities used for the program, if such information
is available; and
(4)
If one or more facilities are to be used by students for educational
purposes, a statement that the school shall submit an application to operate
the facility in accordance with Ed 320 no later than 90 days prior to the
desired opening date of the school facility.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96; amd
by #7480, eff 4-24-01; ss by #8263, eff 1-22-05; ss by #9753, eff 7-10-10; ss
by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (see Revision Note at chapter
heading for Ed 400)
Ed 403.02 Procedures for Evaluation and
Determination of the Status of a School for Attendance Purposes.
(a)
Upon receipt of the required written materials and reports from schools
seeking approval, the department shall review the materials received and advise
the commissioner whether
the schools satisfy the criteria outlined in Ed 403.01.
(b) Incomplete applications
shall be returned to the nonpublic school for completion.
(c) The commissioner shall make
a recommendation to the state board based on whether the criteria outlined in
Ed 403.01 has been met.
(d) The state board, after
reviewing the recommendation(s) from the commissioner, shall within 45 business
days of receipt of such recommendation(s), take any one of the actions
described in Ed 401.02(e).
(e) A nonpublic school
recommended for denied approval shall have 10 business days to make a request
to the commissioner for a grievance hearing before the nonpublic school
advisory council grievance committee in accordance with the provisions of Ed
408.07.
Source.
#13853, eff 1-12-24 (see Revision Note at chapter heading for Ed 400)
Ed 403.03 Procedures for the Request of a Status
Change.
(a) In the event of a change to the nonpublic
schools’ grade levels, the school shall submit a status change request in the
form of a letter to the department 60 days prior to the change.
(b) Any change(s) shall be subject to review by
the state board at the next regularly scheduled state board meeting.
(c) The school shall implement said change(s)
only after receiving approval from the state board.
(d)
In the event of a change to the school facility’s location, the school
shall submit an application to operate the facility in accordance with Ed
320 not later than 90 days prior to the desired opening date of the school
facility.
(e)
The facility referenced
in (d) above shall be approved or conditionally approved to operate, in
accordance with Ed 320, prior to student occupancy.
(f) A nonpublic school whose requested change is
recommended for denied approval shall have 10 business days to make a request
to the commissioner for a grievance hearing before the NSAC grievance committee
in accordance with the provisions of Ed 408.07.
Source.
#13853, eff 1-12-24 (see Revision Note at chapter heading for Ed 400)
Ed
403.04 Application for Continued Approval Status for Attendance
Purposes.
(a) At
the conclusion of an approval period, an approved nonpublic school seeking
continuation of its approval status for attendance purposes shall submit
written materials to the department no less than 90 days prior to the
expiration of the current approval, to include:
(1) Change(s) to any of the information listed in Ed 403.01 that have
occurred since the initial approval or the submittal of the last report;
(2)
Evidence of ongoing registration with the
secretary of state;
(3)
A school calendar to include first and last day of
school, holidays, time off, and 30-hour overage in event of emergency or
inclement weather;
(4) A statement that all facilities
used by students for educational purposes are approved to operate or conditionally approved to operate in accordance with Ed
320; and
(5) Citation(s) of any new construction or renovations
completed since the initial approval or the submittal of the last report.
(b) The state board shall
review the information in (a) above and follow the procedures outlined in Ed
403.02 to evaluate and determine the approval status of the school.
Source. #2055, eff 6-16-82; ss by #2714,
eff 5-16-84; ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049,
eff 6-2-95; ss by #6366, eff 10-30-96 , EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #9753, eff 7-10-10;
ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 403.02) (see
Revision Note at chapter heading for Ed 400)
PART Ed
404 APPROVAL OF NONPUBLIC SCHOOLS FOR PROGRAM PURPOSES
Ed
404.01 Application for Initial Approval Status for Program
Purposes.
(a) Program approval shall
be deemed recognition by the state board that a school’s curriculum, staffing,
administration, governance, and facilities meet the standards determined by an
approved third-party accrediting agency as described in Ed 405.01 for the
appropriate delivery of education.
(b) In addition to the requirements
outlined in Ed 403.01, a nonpublic school seeking initial program approval
status shall submit no less than 120 days prior to the proposed date of opening
evidence of approval from an authorized
agency that has been recognized by the NSAC and state board in accordance with
Ed 405.01 or through the alternate method for program approval status in
accordance with Ed 405.02.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; ss by #6049, eff 6-2-95;
ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #9753, eff 7-10-10;
ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24
(see Revision Note at chapter heading for Ed 400)
Ed 404.02 Procedures for
Evaluation and Determination of the Status of a School for Program
Purposes.
(a)
Upon receipt of the required written materials and reports from schools
seeking initial approval status, the department shall review the materials
received and advise the commissioner whether the schools satisfy
the criteria outlined in Ed 404.01(b).
(b) Incomplete applications
shall be returned to the nonpublic school for completion.
(c) The commissioner shall make
a recommendation to the state board based on whether the criteria outlined in
Ed 404.01(b) has been met.
(d) The state board, after
reviewing the recommendation(s) from the commissioner, shall within 45 business
days of receipt of such recommendation(s), take any one of the actions
described in Ed 401.02(e).
(e) A nonpublic school
recommended for denied approval shall have 10 business days to make a request
to the commissioner for a grievance hearing before the nonpublic school
advisory council grievance committee in accordance with the provisions of Ed
408.07.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED: 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #9753, eff 7-10-10;
ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 404.03) (see
Revision Note at chapter heading for Ed 400)
Ed 404.03 Procedures for the Request of a Status
Change.
(a)
In the event of a change to the nonpublic schools’ grade levels, the
school shall submit a status change request in the form of a letter to the
department 60 days prior to the change.
(b)
Any change(s) shall be subject to review by the state board at the next
regularly scheduled state board meeting.
(c)
The school shall implement said change(s) only after receiving approval
from the state board.
(d)
In the event of a change to the school facility’s location, the school
shall submit an application to operate the facility
in accordance with Ed 320 not later than 90 days prior to the desired opening
date of the school facility.
(e)
The facility referenced in (d) above shall be approved or conditionally
approved to operate, in accordance with Ed 320, prior to student occupancy.
(f) A nonpublic school whose requested change is recommended for denied
approval shall have 10 business days to make a request to the commissioner for
a grievance hearing before the nonpublic school advisory council grievance
committee in accordance with the provisions of Ed 408.07.
Source. #13853, eff 1-12-24 (see Revision Note at
chapter heading for Ed 400)
Ed 404.04 Application
for Continued Approval Status for Program Purposes.
(a) At
the conclusion of an approval period, an approved nonpublic school seeking
continuation of its approval status for attendance purposes shall submit
written materials to the department no less than 90 days prior to the
expiration of the current approval, to include:
(1) Change(s) to any of the information listed in Ed
404.01 that have occurred since the initial approval or the submittal of the
last report;
(2)
Evidence of ongoing registration with the secretary of state;
(3)
A school calendar to include first and last day of school, holidays,
time off, and 30-hour overage in event of emergency or inclement weather;
(4) A statement that all facilities
used by students for educational purposes are approved to operate or conditionally approved to operate in accordance with Ed
320; and
(5) Citation(s) of any new construction or renovations
completed since the initial approval or the submittal of the last report.
(b)
The nonpublic school shall submit evidence of continued approval
from an authorized agency that has been
recognized by the NSAC and the state board in accordance with Ed 405.01,
or through the alternative method for program approval status as in accordance
with Ed 405.02.
(c)
The department shall review the information in (a) and (b) above and
follow the procedures in Ed 404.02 to evaluate and determine the approval
status of the school.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; amd by
#6049, eff 6-2-95; ss by #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #9753, eff 7-10-10;
ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 404.05) (see
Revision Note at chapter heading for Ed 400)
Ed
405.01 Identification of Recognized Agencies for Program Approval.
(a) Accrediting
agencies that want to be considered for recognition shall be identified in one
of the following ways:
(1) An agency
may directly request recognition;
(2) A
school seeking program
approval may request recognition of an agency; or
(3) A
member of the NSAC may request recognition of an agency.
(b) Applicants
seeking approval from the state board as an agency recognized by the state
board for program approval shall apply for recognition to the state board by
submitting a letter of intent and the following:
(1) A
brief history of the agency;
(2) A
statement as
to the scope of operations and indicating whether it is a regional, national,
or state agency;
(3) A
definition of
the purpose, character, and scope of its activities as described in its charter
or by-laws and written standards for accreditation or recognition;
(4) The
agency's organization
including:
a.
Its governance and administrative structures;
b.
A description of its ownership and control; and
c.
The type of legal organization, including but not limited to tax-exempt
or proprietary;
(5) Financial
information including:
a.
Fee structure;
b.
Current operating statement; and
c.
Most recent independent certified opinion audit;
(6) A
description of procedures used in the evaluation of schools by the agency,
including documentation that a school shall be required to provide, which shall
include a visit to verify the written documentation, and who participates in
school visitations;
(7) Definitions
of levels of recognition or accreditation status and written procedures for
providing due process in granting, denying, continuing, or revoking accredited
or recognized status; and
(8) Frequency
of evaluation of schools for continued accreditation or recognition.
(c) Agencies
seeking program approval shall have a process for reviewing nonpublic school
programs which, at a minimum, evaluates the adequacy for ensuring the
well-being of students enrolled based on the following criteria:
(1) School
mission statement and educational philosophy;
(2) Governance;
(3) School
facilities;
(4) School
health and safety programs;
(5) Curriculum;
(6) Staff
qualifications;
(7) Admissions
process;
(8) Graduation
requirements for high schools only;
(9) Process
for assessing student performance;
(10) Financial
management;
(11) Student
support services;
(12) Co-curricular
activities;
(13) Parent
involvement; and
(14) School
and community relations.
(d) The
NSAC shall review applications for program approval. If the NSAC
finds that the application meets the requirements of (b) and (c) above, it
shall recommend the agency to the state board for recognition.
(e) The
board shall review the NSAC recommendation and take one of the following
actions:
(1) Upon
finding that the application meets the requirements of (b) and (c) above, the
board shall identify the applicant as a recognized agency for program approval;
or
(2) Disapprove
the application if, in the opinion of a majority of board members, one or more
of the following conditions exist:
a.
Additional information has been received which indicates that the
applicant is not eligible to be a recognized agency for program approval;
b. The information submitted by
the applicant as required in (b) and (c) above is determined by the state board
to be incomplete, inaccurate, or false; or
c. The NSAC misapplied a
statute or administrative rule in making its recommendation.
(f) The
department shall publish the list of recognized agencies for program approval
at least annually.
(g) An
agency may, at any time, submit written notification to the department that it
does not wish to be recognized.
(h) Upon receipt of such a request the department
shall:
(1) Remove the agency’s name from the list of
recognized agencies; and
(2) Notify all schools that have previously been
granted program approval through accreditation by the withdrawing agency.
(i) Program
approval status for any school previously accredited by an agency whose name
has been withdrawn from the list of recognized accrediting agencies shall
remain in effect until the date of expiration of the most recent approval by
the state board.
(j) The
NSAC shall review those agencies previously recognized for program approval
every 10 years and make one of the following approval recommendations to the
board:
(1) Full approval for a period of 10 years, if
the NSAC finds that the agency meets the requirements of (b) and (c) above;
(2) Conditional
approval for a period of 2 to 3 years when deficiencies are found that are not
serious enough to warrant non-approval, but are serious enough to warrant
attention and review; or
(3) Non-approval.
(k) The
board shall review the NSAC recommendation and take one of the actions
enumerated in Ed 405.01(j).
(l) Previously recognized
agencies shall be reviewed by the NSAC prior to the expiration of the most
recent approval when information becomes known to the NSAC which indicates:
(1) The
agency might no longer be meeting the requirements of (c) above; or
(2) The
agency has acted in an unfair or unlawful manner in conducting accreditations.
(m) Agencies
that have been recognized for program approval may request to be removed from
the list of recognized agencies.
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #9753, eff 7-10-10;
ss by #10360, eff 6-15-13; ss by #12726, eff 2-16-19; ss
by #13853, eff 1-12-24 (see Revision Note at chapter heading for Ed 400)
Ed
405.02 Alternative Method for Program Approval Status.
(a) In
the event that a nonpublic school is unable to receive accreditation or
approval from a recognized program approval agency, the school may submit a
written request for program approval status to the NSAC for review and
recommendation to the state board.
(b) In making such a request, the school shall:
(1) Describe its attempts to seek accreditation
from a recognized program approval agency; and
(2) Explain why it has been unable to achieve
accreditation by a recognized program approval agency.
(c) The
nonpublic school’s request shall include:
(1) A narrative explanation of all items listed
in Ed 405.01(b); and
(2) Any additional information that the school
wishes to have considered by the NSAC.
(d) If,
after reviewing and evaluating the request, the NSAC finds that the nonpublic
school has made a reasonable effort to seek accreditation and warrants further
review, the NSAC shall appoint an approval review team which shall conduct an
evaluation of the school equivalent to those conducted by recognized program
approval agencies.
(e) The
review team shall consist of not less than 3 and not more than 7 members, and
at least one of whom shall be an employee of a nonpublic school that is
currently approved for program by the state board.
(f) The
review team shall:
(1) Physically visit the nonpublic school and
evaluate all items listed in Ed 405.01(c);
(2) Submit a written report to the NSAC within 45
working days of appointment; and
(3) Recommend approval of the request if it finds
that the school meets the criteria in Ed 405.01(c).
(g) The
department shall reimburse review team members for travel expenses associated
with conducting the review visit if funds are available. Review team
members shall be reimbursed for travel expenses at the same rate as state
employees.
(h)
Within 45 working days of receipt of the report from the review team, the NSAC
shall take one of the following actions based on the review team’s
recommendations:
(1) Recommend
the school for program approval status to the state board if, in the opinion of
the majority of NSCA members, the school meets the criteria in Ed 405.01(c);
(2) Recommend
to the state board that the school be denied approval for program approval
status if additional information has been received which, in the opinion of the
majority of NSAC members, indicates that the school does not meet the criteria
in Ed 405.01(c); or
(3) Return
the application to the review team if the information in the review team’s
report is determined to be incomplete or if it is determined that the review
team did not follow the procedures required by (e) or (f) above.
(i) The
NSAC shall notify the nonpublic school of its findings within 10 working days.
(j) If
the NSAC recommends denied approval of the request for program approval status,
the nonpublic school may, within 10 business days of notification of the
recommendation for denied approval, request a hearing before the state board to
submit evidence in support of its request for status pursuant to Ed 200.
(k) The state board shall hold a rehearing in
accordance with Ed 213.02 for one or more of the following conditions:
(1) Additional
information has been received which indicates that the school is not eligible
for program approval status;
(2) The
information submitted by the school as required in Ed 405 is determined by the
state board to be inaccurate or false; or
(3) The NSAC misapplied a statute or
administrative rule in making its recommendation.
Source. #9753, eff 7-10-10; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (see Revision Note at chapter heading for Ed 400)
PART Ed
406 NONPUBLIC SCHOOLS ELIGIBLE FOR SERVICES
Ed
406.01 State and Federal Program Eligibility. Nonpublic schools shall
be eligible to participate in state and federally funded programs, including
but not limited to:
(a) Child benefit services;
(b) Dual enrollment programs;
(c) Driver education reimbursement;
(d) Child nutrition programs;
(e) Federal education programs; and
(f) Vocational rehabilitation.
Source. #2055, eff 6-16-82; ss by #2714, eff 5-16-84;
ss by #4372, eff 2-24-88; ss by #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 402.01) (see Revision Note at
chapter heading for Ed 400)
Ed 407.01 Student
Records.
(a) Each nonpublic school
shall permanently maintain individual student records that include:
(1) Pupil registers for each
year that the school was approved to operate, as required by RSA 189:27-a, that
include, at minimum, the following information:
a. Name;
b. Date
of birth; and
c. Town
of legal residence;
(2) Transcripts of academic
performance for each year that a student attended the school; and
(3) Record of award of high
school diploma, including the date of award.
(b) In the event of a
school closing or termination of operations, the school shall notify the
department no less than 90 days prior to the closing date and provide the
following:
(1)
Permanent location of student records, as described in (a) above, which
shall be:
a. Submitted in a format determined by the
school if the school chooses to deposit the records to the local school
district or other third-party agency; or
b. Electronically, if the school chooses to
deposit the records with the department;
(2)
Reason(s) for closure; and
(3)
The name and contact information of 2 school representatives who the
department may contact after school closure.
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #12726, eff 2-16-19; ss by #13853, eff 1-12-24 (see Revision
Note at chapter heading for Ed 400)
PART Ed
408 ESTABLISHMENT OF THE NONPUBLIC SCHOOL ADVISORY
COUNCIL
Ed
408.01 Duties of the Nonpublic School Advisory
Council.
(a) The
NSAC shall carry out those duties assigned to it by the state
board. The council shall work with nonpublic schools to encourage
and develop nonpublic schooling in New Hampshire.
(b) Assigned
areas of responsibility shall include, but not be limited to the following:
(1) Developing and maintaining
effective communications between nonpublic schools and those state and local
agencies involved in the approval process;
(2) Offering consultant
assistance in the implementation of the school approval requirements;
(3) Recommending to the
commissioner and state board desired changes in the rules for the approval of
nonpublic schools;
(4) Explaining the availability
of nonpublic school services in the state; and
(5) Investigating grievances
submitted under the provisions of Ed 401.02(m), Ed 403.02(e), Ed 403.03(f), Ed
404.02(e), and Ed 404.03(f), and making appropriate recommendations to the
commissioner.
(c)
The department shall reimburse NSAC members for travel expenses
associated with attending meetings if funds are available. NSAC members shall
be reimbursed for travel expenses at the same rate as state employees.
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 406.01) (see Revision Note at
chapter heading for Ed 400)
Ed 408.02 Membership
Selection. Membership on the NSAC shall consist of the
following:
(a) Ten members
representing New Hampshire's nonpublic schools appointed by the
commissioner upon nomination of the NSAC;
(b) The commissioner shall
appoint one public school or chartered public school administrator;
(c) The commissioner may
appoint other individuals interested in nonpublic school education but not
affiliated with a nonpublic school or state agency; and
(d) The commissioner of
health and human services shall appoint one member representing children,
youth, and families.
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 406.02) (see Revision Note at
chapter heading for Ed 400)
Ed 408.03 Rotation of
Membership and Term of Appointment.
(a) The term of appointment
shall be 3 years.
(b)
Terms of appointment as provided in this section shall end on June 30 of
the year in which the term is completed.
(c)
The conduct of business shall not depend upon the maintenance of full
council membership.
(d)
The term of appointment of members who
are absent for 3 consecutive meetings may be reduced in length or terminated by
the commissioner.
(e) In
the event of vacancies, the commissioner shall appoint replacements at the time
such vacancies occur.
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 406.03) (see Revision Note at
chapter heading for Ed 400)
Ed
408.04 Records of the Advisory Council. The
records and minutes of the NSAC shall be filed and maintained in the
department.
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 406.04) (see Revision Note at
chapter heading for Ed 400)
Source. #4961, eff 10-26-90; EXPIRED 10-26-96
New. #6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263, eff 1-22-05; ss by #10360, eff
6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 406.05)
(see Revision Note at chapter heading for Ed 400)
Ed
408.06 Grievance Committee.
(a) The
grievance committee shall be a subcommittee of the NSAC appointed by the
chairperson, consisting of at least 5 and no more than 9 members, a majority of
whom shall be representatives of nonpublic schools. One member of
the grievance committee shall be appointed by the chairperson to preside at
grievance conferences.
(b) The
grievance committee shall hear all grievances referred to it by the
commissioner pursuant to the provisions of Ed 401.02(m), Ed 403.02(e), Ed
403.03(f), Ed 404.02(e), and Ed 404.03(f).
(c) The
grievance committee shall:
(1) Keep a written account of its
investigations; and
(2) Submit such an account, together with its
findings, to the commissioner within 30 days of the commissioner's referral.
Source. #4961, eff
10-26-90; amd by #5409, eff 6-18-92; ss by
#6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263,
eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed
406.06) (see Revision Note at chapter heading for Ed 400)
Ed
408.07 Request for Grievance Conference for the Denied Approval
of a Nonpublic School. Any nonpublic school may request a grievance
conference and have such request acknowledged as follows:
(a) Such
request shall be in writing to the commissioner;
(b) The
request shall state in detail the reasons for the request for a grievance
conference and name the parties involved;
(c) The
commissioner shall notify the requestor within 5 days in writing that:
(1)
A grievance conference has been scheduled in accordance with Ed 408.08;
or
(2)
Additional information is required to clarify the issues;
(d) The
requestor shall have 10 days from receipt of the commissioner's request for
additional information to respond with the requested information; and
(e) The
commissioner shall, upon receipt of the requested information, schedule a
grievance conference in accordance with Ed 408.08.
Source. #4961, eff
10-26-90; amd by #5409, eff 6-18-92; ss by
#6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263,
eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed
406.07) (see Revision Note at chapter heading for Ed 400)
Ed
408.08 Grievance Conference for the Denied Approval of a
Nonpublic School.
(a) Upon
receipt of a request pursuant to Ed 401.02(m), Ed 403.02(e), Ed 403.03(f), Ed
404.02(e), and Ed 404.03(f), or concerning an action taken under these rules,
the commissioner shall notify the chairperson of the NSAC of the request for a
grievance conference, and the grievance conference shall then proceed in
accordance with this section.
(b) Within
5 days of the commissioner's notification of a request for a grievance
conference, the chairperson shall schedule the conference with the parties to
the grievance.
(c) At
the conference, each party shall be prepared to consider:
(1) The simplification of the
issues and an agreement of facts;
(2) Possibility of settlement;
and
(3) Such other matters as may
aid in disposition of the action.
(d) Parties
to a grievance may be represented at the conference by counsel.
(e) At
the grievance conference, the grievance committee shall interview the parties
to the grievance to attempt to reach a settlement on the facts of the
grievance.
(f) The
grievance committee shall present its findings on unresolved grievances or
report on the proposed settlement reached by the parties to the commissioner
within 10 days of the conference.
(g) Any
settlement reached at a grievance conference shall be subject to review by the
commissioner to ensure that the settlement is consistent with
these rules and applicable statutes. Any settlement that is not consistent with
these rules and applicable statues shall not be implemented.
(h) The
findings shall list the pertinent facts found by the committee.
(i) The
commissioner shall notify the parties of the issues agreed to, what issues
remain unresolved, or both.
(j)
The notice shall state the parties have 10 business days from receipt of
the committee's findings on unresolved issues to request a hearing pursuant to
the provisions of Ed 200.
Source. #4961, eff
10-26-90; amd by #5409, eff 6-18-92; ss by
#6366, eff 10-30-96, EXPIRED: 10-30-04
New. #8263,
eff 1-22-05; ss by #10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed
406.08) (see Revision Note at chapter heading for Ed 400)
PART Ed 409 GRIEVANCE PROCEDURES
Ed
409.01 Definitions.
(a) “Abuse”
means causing:
(1) Intentional
physical injury to a student;
(2) Physical injury
to a student by other than accidental means; or
(3) Psychological
injury to a student so that the student exhibits symptoms of emotional problems
generally recognized to result from consistent mistreatment or neglect.
(b) “Approved
nonpublic school” means a nonpublic school that has been approved by the state
board in accordance with Ed 401.02.
(c) “Day”
means calendar day.
(d) “Governing
body” means an approved nonpublic school’s board of directors, board of
trustees, or executive board or person with responsibility to supervise and
control the school.
(e) “Grievance”
means a complaint based on:
(1) A pattern of failure to
respond to accusations of abuse or neglect of any student(s) by a teacher or
administrator employed by an approved nonpublic school or by a volunteer
serving at such school; or
(2) A
pattern of failure to respond to accusations of harassment of any student(s) by
a teacher or administrator employed by an approved nonpublic school or by a
volunteer serving at such school.
(f) “Neglect”
means the failure to provide care or control necessary for a student’s
physical, mental, or emotional health in the school setting, when it is
established that the student’s health has suffered or is very likely to suffer
serious impairment.
(g) “Parent” means:
(1) Natural or adoptive parent;
(2) Legal custodian or
guardian; or
(3) Surrogate parent.
Source. #8263, eff 1-22-05; ss by
#10360, eff 6-15-13; ss by #13853, eff 1-12-24 (formerly Ed 408.01) (See
Revision Note a chapter heading for Ed 400)
Ed
409.02 Grievance Procedures; Request for Administrative Due
Process Hearing.
(a) A
parent of a child attending an approved nonpublic school with a grievance
against the school shall request a meeting with the governing body of the
school to resolve the issue.
(b) The
parent may request a due process hearing as provided in Ed 409.03, only after
all timely internal school grievance processes are exhausted under (a) above,
and the parent and the governing body are not able to resolve the issue.
(c) A
request for an administrative due process hearing shall be mailed or hand
delivered to:
New Hampshire Department of Education
Office of Legislation and Hearings
101 Pleasant Street
Concord NH 03301-3860
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.02) (See Revision Note a chapter heading
for Ed 400)
Ed
409.03 Scheduling of Administrative Due Process Hearings;
Pleadings; Order of Notice.
(a) If
a parent requests an administrative due process hearing under Ed 409.02, the
department shall schedule and hold a hearing in accordance with Ed 200, unless
otherwise provided in Ed 409.03 – Ed 409.09.
(b) Within
10 business days of the receipt of the request for a hearing, the hearing
officer shall begin the hearing process by issuing an order of notice in
accordance with Ed 209.02.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.03) (See Revision Note a chapter heading
for Ed 400)
Ed
409.04 Continuance and Rescheduling of the Hearing; Consequences
of Default.
(a) Upon
good cause shown, including but not limited to illness, accident, or death of a
family member, the hearing officer shall continue the hearing and reschedule it
for a date later than that shown in the order of notice but in no case shall
the continuance be granted for more than 15 days. Notice of the
continuance shall be made in writing to all parties except that if the
continuance is granted less than 3 days before the scheduled hearing date,
notice shall be made by telephone followed by notice in writing.
(b) Any
party who has been served notice in accordance with Ed 409, who fails to appear
and who fails to obtain a continuance from the hearing officer prior to the
scheduled time of the hearing, shall have a decision rendered against that
party if the interests of justice will be served by such action.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.04) (See Revision Note a chapter heading
for Ed 400)
Ed
409.05 Proposed Written Decision of Hearing Officer. The
hearing officer shall render a proposed written decision at least 10 calendar
days subsequent to a hearing. The proposed written decision shall list the
pertinent facts found by the hearing officer in accordance with Ed 210.01 and
Ed 212.01. A copy of the proposed written decision shall be mailed by
certified mail, return receipt requested, to all parties named in the order of
notice.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.05) (See Revision Note a chapter heading
for Ed 400)
Ed
409.06 Appeal of State Board Decision. Any party
aggrieved by the decision may appeal the decision of the state
board to a court of competent jurisdiction within 30 days of the decision.
Pending appeal, the nonpublic school shall continue to operate.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.06) (See Revision Note a chapter heading
for Ed 400)
Ed
409.07 Revocation and Probation.
(a) A
written petition to the state board to revoke a nonpublic school’s approval
status may be made by the parent of any pupil currently attending that school,
alleging that the school refused to implement a decision of the state board,
after conclusion of a due process hearing under Ed 409.
(b) After
30 days’ notice has been provided to all affected parties, the state board
shall revoke a nonpublic school’s approval prior to the expiration of its term
if the board determines, after a hearing, that the school has refused to
implement a decision of the state board as provided in (a) above.
(c) Before
revoking a nonpublic school’s approval, the state board shall consult with the
nonpublic school’s governing board on the development and implementation of a
corrective action plan.
(d) The
state board shall place a nonpublic school on probationary status for up to one
year to allow the implementation of a corrective action plan. If the board
determines after the expiration of the probationary status that the plan was
not successfully implemented, the board shall revoke its approval of the
nonpublic school.
(e) Nothing
contained in this section shall prevent the state board from immediately
suspending a nonpublic school approval status in circumstances posing an
immediate or ongoing danger to life or safety, provided that the state board
shall commence a hearing on the suspension within 10 days of issuing the
suspension order.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.07) (See Revision Note a chapter heading
for Ed 400)
Ed
409.08 Appeal of Decision of State Board. Any
party aggrieved by a decision of the state board may appeal the decision to a
court of competent jurisdiction within 30 days of the decision. Pending
appeal, the nonpublic school shall continue to operate.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.08) (See Revision Note a chapter heading
for Ed 400)
Ed
409.09 Public Notice of Revocation of Approval. If
the state board revokes approval of a nonpublic school, it shall provide public
notice of such revocation by the following means:
(a) Posting
of the notice of revocation on the website of the department;
(b) Causing
a notice of the revocation to be published in a newspaper of general
circulation in the area in which the nonpublic school is located; and
(c) Requiring
the nonpublic school to send a copy of the notice of revocation to all the
parents of students attending the school.
Source. #8263, eff 1-22-05; ss by #10360, eff 6-15-13; ss by
#13853, eff 1-12-24 (formerly Ed 408.09) (See Revision Note a chapter heading
for Ed 400)
APPENDIX
|
Rule |
Specific State
Statute the Rule Implements |
|
|
|
|
Ed
401.01 |
RSA
21-N:9, II(o); RSA 186:11, XXIX |
|
Ed
401.02 |
RSA
21-N:9, II(f); RSA 21-N:9, II(o); RSA 186:11, XXIX; RSA 186:11, XXIX-a |
|
Ed
401.03 |
RSA
21-N:9, II(o); RSA 186:11, XXIX; RSA 189:1 |
|
Ed
402.01 |
RSA
126-U:8, I(a); RSA 189:1; RSA 189:28, I-b; RSA 194:31 |
|
Ed
403.01 |
RSA
186:6 |
|
Ed
403.01(a)(2)e.1. |
RSA
141-C:20-a |
|
Ed
403.01(a)(2)f. |
RSA
126-U, RSA 141-C:20-a, RSA 189:11, 189:27a:17, RSA 189:19, RSA
189:20, RSA 189:21, RSA 189:64, RSA 193:31, and RSA 198:20-a |
|
Ed
403.01(a)(2)g. |
RSA
189:10, RSA 189:49, RSA 191:1, RSA 193:1-a, and RSA 200:32 |
|
Ed
403.01(a)(9)a. |
RSA 141-C:20-a;
189:9; RSA 189:49 |
|
Ed 403.01(a)(10) |
RSA 126-U; RSA
141-C:20-a; RSA 189:27-a; RSA 189:19; |
|
Ed 403.02-Ed
403.04 |
RSA 21-N:9,
II(o); RSA 186:11, XXIX |
|
Ed
404.01-Ed 404.04 |
RSA
21-N:9, II(o); RSA 186:11, XXIX |
|
Ed
405.01-Ed 405.02 |
RSA
21-N:9, II(f); RSA 21-N:9, II(o); RSA 186:11, XXIX |
|
Ed
406.01 |
RSA
186:11, XXIX |
|
Ed
407.01 |
RSA
189:27-a |
|
Ed
408.01-Ed 408.08 |
RSA
21-N:9, II(f) |
|
Ed
409.01-Ed 409.07 |
RSA
21-N:9, II(f); RSA 186:11, XXIX-a |