Section 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.N.H. Admin. Code § Ed 401.02
#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
Amended by Number 6, Filed February 8, 2024, Proposed by #13853, Effective 1/12/2024, Expires 1/12/2034 (see Revision Note at chapter heading for Ed 400).