N.H. Admin. Code § Ed 803.01

Current through Register No. 49, December 5, 2024

Section Ed 803.01 - Scholarship Organization

In addition to the requirements under RSA 194-F:4, the following shall apply to the authority and responsibilities of the scholarship organization under the program:

(a) The scholarship organization shall be approved pursuant to RSA 77-G:5, II(a) by the department of revenue administration as a scholarship organization;

(b) The scholarship organization shall provide access to all types of qualifying educational expenses enumerated in RSA 194-F:2, II(a-o);

(c) Failure by a scholarship organization to provide access to every qualifying expense described in RSA 194-F:2, II(a-o) shall disqualify a scholarship organization from participation in the program;

(d) The scholarship organization shall electronically file with the department completed student data at least 30 days prior to the funding date, as described in Table 804-1. Failure to meet the application deadline shall result in delayed or unavailable funding if such failure prevents the department from processing the payment;

(e) The scholarship organization shall verify, at a minimum, that completed applications meet the following:

(1) The eligible student meets all eligibility criteria as described in RSA 194-F:1, IV;

(2) The EFA application was verified complete only after signature by the parent or guardian, and the student, if the student is in a secondary education program; and

(3) The student, parent, guardian, or both have not been disqualified from participation in the program due to funds misuse or are otherwise not eligible pursuant to RSA 194-F:1, VI;

(f) The scholarship organization shall submit to the department a roster of approved EFA students including each student's:

(1) Information on school of attendance, if applicable;

(2) Eligibility information;

(3) Qualifying differentiated aid eligibility;

(4) Status as a current or new participant in program;

(5) Amount of EFA funds received and amount of EFA funds remaining; and

(6) Total EFA funds requested;

(g) The scholarship organization shall have access to confidential student information under the following conditions:

(1) Confidential student information shall be maintained in a manner consistent with the procedures LEAs follow to manage confidential student information; and

(2) The scholarship organization shall verify a student SASID number for any student applying for an EFA prior to requesting a new SASID.

(h) The scholarship organization shall make EFA student account balances readily accessible, through a technology interface with real-time or near real time balance information, transaction history, including transaction date, amount deposited or withdrawn, and the name of the education service provider;

(i) The scholarship organization's director shall appoint members to the parent and education service provider advisory commission pursuant to RSA 194-F:5 and which shall be responsible for appeals of education service provider denials and for appeals of denials of other educational expenses approved by the scholarship organization pursuant to RSA 194-F:2 (o)(II);

(j) The scholarship organization shall contract with an unaffiliated auditor to conduct a risk-based audit of EFA accounts on, at a minimum, an annual basis. The scholarship organization shall submit a copy of such plan and all associated audit reports to the department;

(k) The department shall receive copies of all subcontracts and assignment agreements, and the department shall not be bound by any provisions contained in a subcontract or an assignment agreement to which the department is not a party;

(l) The scholarship organization shall withhold from EFA deposits an amount to cover the cost of administering the EFA program, up to a maximum total of 10% of each deposit annually pursuant to RSA 194-F:4, V. All remaining funds shall be available to eligible students for allowable uses; and

(m) The scholarship organization shall develop and implement a records retention policy.

N.H. Admin. Code § Ed 803.01

Derived from Volume XLII Number 10, Filed March 10, 2022, Proposed by #13345, Effective 2/22/2022, Expires 2/22/2032