RSA 188-G:1 · Definitions; Exclusions

188-G:1 Definitions; Exclusions. –

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I.

In this chapter:

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(a)

"Alternative delivery" means a mode of instruction which does not involve face-to-face instruction between instructor and student in the same geographic location. This mode of instruction shall include Internet, televised, video, telephonic, and correspondence media.

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(b)

"Conference" or "seminar" means a scheduled meeting of 2 or more persons for discussing matters of common concern and where, if training or education is offered, it shall be incidental to the purpose of the conference.

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(c)

"Commission" means the higher education commission established in RSA 21-N:8-a, II.

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(d)

"Commissioner" means the commissioner of the department of education.

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(e)

"Director" means the director of the division of higher education in the department of education.

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(f)

"Division" means the department of education, division of educator support and higher education.

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(g)

"Entity" means any individual, firm, partnership, association, company, corporation, organization, trust, school, or other legal entity or combination of these entities.

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(h)

"Physical presence" means a 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.

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(i)

"Private postsecondary career school" means any for-profit or nonprofit postsecondary career entity maintaining a physical presence in this state providing education or training for tuition or a fee that enhances a person's occupational skills, or provides continuing education or certification, or fulfills a training or education requirement in one's employment, career, trade, profession, or occupation. Schools that offer resident or nonresident programs, including programs using modes of alternative delivery, beyond the secondary school level to an entity shall be included in this definition regardless of the fact that the school's tuition and fees from education and training programs constitute only a part of the school's revenue.

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(j)

"Workshop" means a brief, intensive education or training program that focuses on developing techniques and skills in a particular area.

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II.

In this chapter, "private postsecondary career school" shall not include:

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(a)

Schools authorized to grant degrees pursuant to RSA 292.

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(b)

Schools specifically licensed as an education or training school by a state agency other than the commission.

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(c)

Schools operated by a business organization exclusively for the training of that business' own employees and at no charge to its employees.

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(d)

Schools offering noncredit courses exclusively for avocational purposes.

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(e)

Schools established, operated, and governed by the state of New Hampshire or any of its political subdivisions, or any other state or its political subdivisions.

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(f)

Noncredit courses or programs sponsored by recognized trade, business, or professional organizations solely for the instruction of their members that do not prepare or qualify individuals for employment in any occupation or trade.

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(g)

Schools that offer programs and courses exclusively on federal military installations.

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(h)

Entities that offer training at seminars, workshops, or conferences, if:

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(1)

Any training or education offered is incidental to the purpose of the seminar, workshop, or conference; and

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(2)

The attendee receiving the training is not awarded any form of a certificate, diploma, or credit including continuing education units for having received the training.

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(i)

An entity training students under 14 C.F.R. part 91 or 14 C.F.R. part 141, or receiving flight or ground instruction required by the Federal Aviation Administration.

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(j)

Entities that license software, the content of which is focused on training or education, if the entity:

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(1)

Is primarily engaged in the business of licensing software;

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(2)

Licenses its software primarily to other legal entities, and not directly to an end user or individual student;

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(3)

Does not confer degrees, diplomas, continuing education units, or any other form of credit in connection with the software it licenses;

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(4)

Is not accredited and does not seek accreditation in connection with the software it licenses or the content it offers; and

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(5)

Does not offer an admissions process, financial aid, career advice, or job placement in connection with the software it licenses.

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(k)

Entities offering only training courses at a total cost, including tuition and all other fees and charges, of not more than $800 per course for which no payment, including a deposit, is required or collected prior to the first day of the course. This subparagraph shall not apply to entities that use alternative delivery methods.

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(l)

Government entities offering training in public safety related occupations including but not limited to the division of fire standards and training and emergency medical services, the division of fire safety, and the police standards and training council.

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(m)

Entities that have annual gross tuition of $100,000 or less.

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(n)

Entities giving instruction, with or without compensation, for the licensing of commercial drivers, who meet or exceed any rules promulgated under 49 U.S.C. section 31136 by the Federal Motor Carrier Safety Administration of the United States Department of Transportation. Source. 2011, 224:150. 2014, 132:3. 2016, 149:6, eff. Jan. 1, 2017. 2018, 315:16, eff. Aug. 24, 2018. 2021, 210:2, Pt. IV, Sec. 1, eff. Oct. 9, 2021. 2022, 8:5, eff. Mar. 18, 2022.

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