2015 Kentucky Revised Statutes CHAPTER 165A - PROPRIETARY EDUCATION 165A.370 Minimum standards and requirements -- Training requirements for administrators and instructors -- Records -- Financial statement -- Approval and denial of certificate -- Conditional license.
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165A.370 Minimum standards and requirements -- Training requirements for
administrators and instructors -- Records -- Financial statement -- Approval
and denial of certificate -- Conditional license.
(1)
No proprietary school located or doing business in this state shall be issued a
certificate under these provisions until the commission has determined that the
proprietary school is maintained, operated, or, in the event of a new proprietary
school, that the school, after a physical inspection of the premises, can be
reasonably maintained and operated, in substantial compliance with the following
minimum standards:
(a) That the instructional quality and content of each course or program of
instruction or study shall be adequate to provide reasonable education and
training to each enrolled student, and that the quality and content shall be
consistent with the public interest;
(b) That the proprietary school has adequate space, equipment, instructional
materials, and instructor personnel to provide training and preparation of the
quality specified in paragraph (a) of this subsection;
(c) That the educational and experience qualifications of directors, administrators,
supervisors, and instructors are satisfactory in terms of the quality of
instruction specified in paragraph (a) of this subsection;
(d) That the administrators shall hold a baccalaureate degree from an accredited
college or university, or demonstrate the appropriate training or experience
related to the responsibilities of the position as determined by the commission;
(e) That the instructors shall hold a baccalaureate degree from an accredited
college or university in the area of teaching responsibility, or demonstrate
appropriate training or experience related to the responsibilities of the position
as determined by the commission;
(f) That a copy of the course outline and a schedule of all tuition and fees,
program completion rates, and program placement rates of the school's
graduates for the preceding twelve (12) months be furnished each student
applicant prior to enrollment;
(g) That, as defined by commission regulation, a diploma, associate degree,
certificate, or other appellation shall be awarded to the student upon
satisfactory completion of training by the proprietary school which indicates
that the course or courses of instruction or study had been satisfactorily
completed;
(h) That adequate records shall be maintained and available for inspection and
shall include the following materials:
1.
Current personnel forms;
2.
Teacher evaluations;
3.
Inventory of equipment and instructional material; and
4.
Faculty transcripts;
(i) That separate files shall be maintained on each student and be available for
(2)
(3)
inspection, and shall include copies of the following materials:
1.
Student's application for admission;
2.
Enrollment agreement;
3.
Academic record;
4.
Attendance record;
5.
Financial payment record; and
6.
Placement record;
(j) That the proprietary school shall be maintained and operated in compliance
with all local, city, and county ordinances and state law, including rules and
regulations adopted pursuant thereto, relative to the safety and health of all
persons upon the premises;
(k) That the proprietary school is financially sound and reasonably capable of
fulfilling commitments to students for training and preparation;
(l) That the school shall have available, if requested by the commission, a
financial statement certified by an independent accountant, and a profit-loss
statement certified by the owner as being true and current. The commission
may call for any or all of the above information at any time;
(m) That the proprietary school does not utilize advertising of any type which is
untrue, deceptive, or misleading and shall be able to document all advertised
claims;
(n) That the chief executive officer, directors, owners, administrators, supervisors,
and instructors are of good moral character as determined by the commission;
(o) That the proprietary school adheres to a tuition refund schedule as presented
in published form prior to enrollment if the student shall discontinue the
training or be excluded therefrom;
(p) That the school shall prominently display its current license and the address
and telephone number of the commission office; and
(q) That the proprietary school adheres to the other requirements consistent with
the public interest as the commission shall determine are necessary to improve
the courses or programs of instruction or study offered by the school, and to
prevent misrepresentation, fraud, and collusion in the offering thereof.
The commission shall investigate, appraise, and evaluate from time to time, or upon
receipt of a formal complaint, any proprietary school now located, or which may be
hereafter located, in this state. The investigation, appraisal, and evaluation shall be
for the purpose of determining whether the proprietary school or its programs are
maintained and operated or, in the event of a new proprietary school, whether the
new proprietary school can be reasonably maintained and operated, in compliance
with the provisions of this section and all other applicable Kentucky statutes and
administrative regulations. The investigation, appraisal, and evaluation shall include
but are not limited to inspection of all records, books, and facilities at reasonable
times and places without prior notice.
If the commission determines upon investigation, appraisal, and evaluation that a
(4)
proprietary school located within this state is maintained and operated, or, in the
event of a new proprietary school, that the school can be reasonably maintained and
operated, in compliance with the minimum standards prescribed by this section, the
commission shall issue a certificate to the proprietary school.
If the commission determines that any school is not maintained and operated, or
cannot be reasonably maintained and operated, in compliance with the minimum
standards prescribed by this section and the minimum requirements determined by
the commission, or is in violation of Kentucky statutes or administrative
regulations, the commission, after notice and an opportunity for a hearing to be
conducted in accordance with KRS Chapter 13B, may deny the issuance of a
certificate or may establish conditions in conformity with these provisions which
shall be met by the school prior to issuance of a certificate. The commission may
issue a conditional license for up to a nine (9) month period of time.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 76, sec. 7, effective July 12, 2012. -- Amended
1996 Ky. Acts ch. 318, sec. 56, effective July 15, 1996. -- Amended 1990 Ky. Acts
ch. 79, sec. 4, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 31, sec. 6,
effective July 15, 1982. -- Created 1976 Ky. Acts ch. 363, sec. 8, effective July 1,
1976.
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