Letter to the Administrator
October 9, 2020
Office of Career School Licensing
Division of Educator Support and Higher Education
New Hampshire Department of Education
1010 Pleasant Street
Concord, NH 03301
Dear Administrator:
I am writing on behalf of Yoga Alliance, the largest membership association representing yoga
teachers and schools in the United States and around the world. Recently, it has come to our
attention that the Office of Career School Licensing (the “Office”) has notified operators of yoga teacher training programs (“YTTs”) in the state that it will begin regulating these programs as private postsecondary career schools. On behalf of Yoga Alliance and our New Hampshire
members, I am writing to express our concerns with the Office’s recent actions, which have
come during the coronavirus pandemic that have hit small yoga businesses especially hard, and
share information on the nature and purpose of YTTs. We hope that a greater understanding of
these programs and the consequences of unnecessary regulation on the yoga community will
inform future action.
As you may know, across the country, yoga studios and practitioners host advanced yoga classes
that the yoga community refers to as “yoga teacher training programs.” However, unlike in other
sectors, participation in a yoga teacher training program is not a legal requirement to teach yoga
classes, and yoga instruction is not a licensed profession in New Hampshire or in any other
jurisdiction. YTT participants attend programs for a multitude of reasons, with a large percentage
attending to deepen their personal practice or practice yoga in a group setting, without immediate
intention to become a yoga teacher. Moreover, the vast majority of individuals who participate in
YTT programs and proceed to lead yoga classes are not full-time instructors: they earn most of
their living from other occupations, not from teaching classes. For these reasons, the regulation
of YTTs as private postsecondary career schools is (1) unnecessary and a misapplication of New
Hampshire law, and (2) harmful to New Hampshire’s yoga businesses and community. By
refraining from licensing YTTs as private postsecondary schools, New Hampshire would join
numerous other states that have either explicitly (via legislation) or implicitly determined that
such licensure is not appropriate.
Although we understand that New Hampshire’s private postsecondary schools statute is broad,
the law is clearly not intended to apply to every program in the state. Indeed, the law contains numerous exceptions for various types of schools and programs. See N.H. Rev. Stat. § 188-
G:1(i).
The Office’s own actions appear to provide further evidence of the law’s intention. Based on the
public list of regulated schools, the Office primarily regulates schools that serve as a prerequisite
to a particular occupation. Importantly, to the best of our knowledge, the Office has not sought to
regulate programs with a similar purpose to YTTs, such as advanced martial arts or dance
classes. Moreover, the regulations governing private postsecondary career schools, which
includes grading requirements among others, are wholly inapplicable to YTTs, which primarily
focus on the practice of yoga. At a basic level, there is a significant mismatch between New
Hampshire’s private postsecondary career school requirements and the structure, nature, and
purpose of YTTs.
The yoga community is also unaware of any consumer complaints about New Hampshire YTTs
that would necessitate the Office’s intervention for consumer protection purposes. As New
Hampshire businesses, all other state, federal, and local business, consumer protection, and
premises safety regulations already apply to New Hampshire YTTs. We also should note that
yoga schools that are members of Yoga Alliance, whose mission and work is dedicated to safe,
quality, accessible yoga, already abide by guidelines to best serve the public. Additional
regulation is unnecessary and threatens to do more harm than good.
Most YTTs, in New Hampshire and across the country, are small businesses. Based on feedback
from our members, we have learned that the time and expense to comply with regulations (like
those set forth for New Hampshire private postsecondary career schools) are burdensome and
have a detrimental effect on independent studios. Overregulation of yoga businesses dissuades
yoga providers from offering or expanding programs and establishes a barrier to entry for small,
independent yoga entrepreneurs. In fact, two of the providers that have contacted Yoga Alliance
about New Hampshire’s private postsecondary school regulations are considering closing their
schools.
Last, but certainly not least, Yoga Alliance is particularly concerned that the Office appears to be
contacting YTT providers – for the first time ever – during the throes of the coronavirus
pandemic. The yoga community has been disproportionately devastated by this public health
emergency. Early in the pandemic, most yoga studios and schools were forced to shut their doors
to comply with “stay at home” orders and social distancing regulations. Further, even before the
CDC initially issued its guidance, Yoga Alliance preemptively and strongly recommended that
in-person yoga cease to ensure public safety. We took this step to prioritize the health and
wellbeing of all communities. In many places, yoga businesses remain closed, and for those that
have opened, adherence to baseline health and safety measures severely limits operations. The
consequences of adding unnecessary and harmful regulatory burdens and expenses to these
businesses at a time when they are already struggling will be severe.
For these reasons, we respectfully request that the Office refrain from requiring licensure of
YTTs as private postsecondary career schools. We appreciate your consideration of our position
on this important issue, and we welcome to opportunity to arrange a teleconference with you and
your colleagues as your earliest convenience to further discuss our concerns.
Sincerely,
Shannon Roche
President and CEO, Yoga Alliance and the Yoga Alliance Foundation