Section Ed 806.01 - Termination of EFAsIn addition to the requirements under RSA 194-F:3, VI and RSA 194-F:4II, IX through XI, the following shall apply to the termination of EFAs:
(a) An EFA shall only be dissolved with written consent of the parent or guardian, unless an EFA student graduates high school or there is a determination by the scholarship organization that there is an intentional and substantial misuse of funds;(b) Unless otherwise noticed in writing by the parent that roll-over EFA account funds are forfeited, written consent of dissolution shall document the parent's understanding that the rolled-over EFA account funds may continue to be utilized pursuant to RSA 194-F:3, VI.(a), even if the student is attending a public school and no longer participating in the program, or until the former EFA student graduates high school;(c) The scholarship organization shall develop and make publicly available on its website, the process for the determination of a parent, guardian, or EFA student's intentional and substantial misuse of EFA funds;(d) The department shall be notified within 5 days any time an EFA account is suspended, or if a student is otherwise deemed ineligible;(e) Within 5 days, suspected cases of intentional and substantial misuse of EFA funds shall be reported by the scholarship organization to the department, the board, the attorney general, and, for cases exceeding the amount of a class B felony, the local or state law enforcement agency;(f) A parent, guardian, or EFA student may appeal decisions by the scholarship organization pursuant to Ed 200 relative to: (1) Application completeness and termination of participation; or(g) The scholarship organization shall notify the department by August 1 of each calendar year of any existing EFA student that has not provided an annual record of educational attainment, pursuant to RSA 194-F:3, III(d)(3);(h) The scholarship organization shall develop a process for the determination of disqualification of an education service provider;(i) The process shall include, at a minimum, how the following are determined when deciding disqualification: (1) Knowing and willful misrepresentation of information;(2) Failure to refund any overpayments within 30 days or the failure to process a request for a refund; and(3) Routine failure, meaning 3 or more times, to provide students with promised educational goods or services;(j) A list of all disqualified education service providers shall be available on the scholarship organization's websites or in paper format upon request;(k) Within 5 days of disqualification, the scholarship organization shall notify parents, guardians, EFA students, and the department in writing or electronically of an education service provider disqualification;(l) Education service providers disqualified by the scholarship organization shall be disqualified from participation in the EFA program and a list of disqualified providers shall be posted on the department's website;(m) An education service provider may appeal the scholarship organization's decision to the department pursuant to Ed 200;(n) When the scholarship organization does not meet the duties, obligations, and authorities in RSA 194-F:4, it shall no longer be eligible to participate in the EFA program, and the commissioner shall:(1) Issue a written notice of ineligibility for participation in the EFA program that shall provide the scholarship organization with an opportunity to meet the requirements for eligibility as described in RSA 194-F:4; and(2) If the scholarship organization fails to meet the requirements specified in a notice of ineligibility pursuant to (1) above, remove the scholarship organization from eligibility;(o) When the scholarship organization is no longer approved under RSA 77:G, the commissioner shall notify the scholarship organization as described in (n)(1) and (2) above;(p) The commissioner shall immediately suspend the scholarship organization's eligibility where the health, safety, or welfare of students is at risk;(q) The scholarship organization suspended or removed from the EFA program pursuant to (n)(2) above shall have 15 days from receipt of the notice of proposed action to file with the department's governance unit a request for a proceeding pursuant to Ed 200. All resulting proceedings shall be conducted in accordance with Ed 200; and(r) Within 10 days of suspension or removal of a scholarship organization pursuant to (n) above, the department shall commence an adjudicative proceeding in accordance with Ed 200.N.H. Admin. Code § Ed 806.01
Derived from Volume XLII Number 10, Filed March 10, 2022, Proposed by #13345, Effective 2/22/2022, Expires 2/22/2032