165A.370 Minimum standards and requirements -- Training requirements for administrators and instructors -- Records -- Financial statement -- Approval and denial of certificate -- Conditional license. - Kentucky Statutes

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Page 1 of 3 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 board shall have determined that the
proprietary school is maintained, operated, or, in the event of a new proprietary
school, that the school 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 board. (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 board. (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. Federal guidelines on placement and graduation
rates shall be used. (g) That, as defined by board 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 inspection, and shall include copies of the following materials: Page 2 of 3 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 board, a financial statement certified by an independent accountant, and a profit-loss statement
certified by the owner as being true and current. The board may call for any or
all of the above information. (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 board. (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 board office. (q) That the proprietary school adheres to the other requirements consistent with the public interest as the board 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. (2) The board may investigate, appraise, and evaluate from time to time 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 is 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. The
investigation, appraisal, and evaluation shall include but is not limited to inspection
of all records, books, and facilities at reasonable times and places without notice. (3) If the board shall determine upon investigation, appraisal, and evaluation that a 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 Page 3 of 3 operated, in compliance with the minimum standards prescribed by this section, the
board shall issue a certificate to the proprietary school. (4) If the board shall determine 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 board, the board, 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 board may issue a conditional license
for up to a nine (9) month period of time. Effective: July 15, 1996
History: 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.