Public School Licensing Essay Research Paper Section

Public School Licensing Essay, Research Paper

Section 1. Purposes. The purposes of the rules are: (a) To establish a procedure

for the licensing of post secondary education institutions (colleges,

universities, correspondence schools offering degrees, etc.) with the exception

of the University of Wyoming and the Community Colleges of Wyoming (21-2-102 and

21-2-103) or any post-secondary post secondary education institution possessing

current accreditation by a recognized and accepted accrediting agency. (b) To

establish minimum standards for post secondary education institutions until

accreditation by a recognized and accepted accrediting agency may be achieved.

(c) To protect persons enrolled in a course of study in post secondary education

institution. Section 2. Authority. These rules are promulgated pursuant to W.S.

21-2-401 and 403 of the Private School Licensing Act, and have been adopted by

the Wyoming State Board of Education in accordance with the Wyoming

Administrative Procedure Act (W.S. 16-3-101 through 16-3-115). They are

effective upon filing with the Secretary of State. Section 3. Applicability.

These rules govern the operation of all post secondary education institutions

not accredited by a recognized and accepted accrediting agency as defined by

rules of the Wyoming Department of Education, which are located within the

state, or have their principal place of business out of state but do business in

the state. These rules do not apply to any parochial, church, or religious

school as defined by W.S. 21-4-101(a)(iv), home-based educational programs as

defined by W.S. 21-4- BC 101(a)(v), aircraft flight training schools approved

and authorized by the Federal Aviation Agency of the United States of America,

or a school teaching techniques of outdoor recreation, leadership, ecology, or

conservation domiciled in the state of Wyoming. nor do they apply to post

secondary Instit accredited by a recognized and accepted accrediting agency

Section 4. Amendment of Rules. Any amendments to these rules shall become

effective upon filing with the Secretary of State. Section 54. Definitions. (a)

"Agent" means any person owning any interest in, employed by, or

representing for remuneration or other consideration a post secondary education

institution located within or without this state who enrolls or who, in places

other than the principal school premises, offers or attempts to secure the

enrollment of any person within this state for education in a post secondary

education institution. (b) "Attorney General" means the Attorney

General of the State of Wyoming. (c) "Degree" means any award, earned

or honorary, conferred with the designation of associate, baccalaureate, master,

professional, specialist or doctorate. (d) "Post Secondary Education

Institution" means any post secondary institution offering a degree, earned

or honorary, conferred with the designation of associate, baccalaureate, master,

professional, specialist or doctorate. (e) "License" means a

non-transferable document issued by the Wyoming Department of Education to a

post secondary education institution located within this state or located

outside the state, but whose agent solicits students from within the state in

the name of such Institution, which permits the Institution to solicit, offer,

and maintain a course(s) of instruction or study in compliance with the

provision of the Private School Licensing Act and the rules of the Wyoming State

Board of Education promulgated pursuant to the Act. (f) "Recognized and

Accepted Accreditation Agency" includes those agencies recognized by the

United States Department of Education through National Advisory Committee on

Accreditation and Institutional Eligibility. If the post secondary education

institution originates in a foreign country, accreditation recognized and

accepted by that country’s Department of Education or equivalent agency is

required. (g) "StaDepartment" means Wyoming Department of Education.

(h) "StateBoard" means Wyoming State Board of Education. (i)

"Licensing year" is from July 1 through June 30 of the following

calendar year. Section 65. Granting, Refusing or Revoking Licenses. Denial,

suspensions, or revocations of a license may occur when it is found that a

school has failed to comply with Wyoming Post Secondary Education Institution

Licensing statutes and the Post Secondary Education Institution rules adopted by

the Wyoming State Board of Education. Such action will be governed by the

Wyoming Administrative Procedure Act (W.S. 16-3-101 through 16- BC 3-115).

Licensure is not required once accreditation is achieved from a recognized and

accepted accreditation agency and documentation of such is provided to the

office of the Secretary of State and the Department. Section 6. Licensing

Application Procedure. Application for a license shall be made to the

Department. The applicant must submit the following: (a) Documentation that the

institution: (i) is currently seeking appropriate accreditation and detailing

steps taken during the year to achieve that goal, or (ii) is not seeking

accreditation and explaining why it is not necessary to achieve its goals. (b)

The application shall be accompanied by a certified check or money order made

payable to the Wyoming Department of Education in the amount of one thousand

dollars ($1,000.00) for the school license, which covers a five year licensing

period (c) The application shall be accompanied by a certified check or money

order payable to the Wyoming Department of Education in the amount of one

hundred dollars ($100.00) for each agent (to be renewed annually). (d) A

performance bond or other form of security to be approved by the Attorney

General. (This bond or other form of security must be on a form prescribed by

the Department and shall be in the amount of $50,000.00.)) Such bond or other

form of security shall be renewed on July 1 of each year as long as the school

retains its license to do business in Wyoming. The Department will be custodian

of all bonds or other form of security and may render administrative assistance,

but not legal assistance, to aggrieved persons who may be entitled to relief

under the bond. (e) A copy of each enrollment contract form. (f) A statement of

tuition, fees, and all other charges. (g) A copy of the refund schedule (See

Section 9). (h) A description of instructional methods and an instructional

outline used by the institution, including methods for assigning, monitoring and

evaluating work, awarding credit, and granting degrees. (i) A copy of a diploma

for each degree offered. (j) A copy of the attendance record form. (k) A copy of

each school catalogs, bulletins, and other published materials, advertising, and

circulars. (l) A completed professional credentials form for each director,

supervisor, instructor, teacher, and agent, official copies of academic

transcripts verifying academic status, verification of educational degrees

attained, the names of the institutions granting the degrees and if the

institution is accredited by a recognized and accepted accrediting agency as

defined by department rule and regulation. (m) A current financial statement

prepared or audited by a certified public accountant. Section 7. Term and

Renewal of License. The following provisions shall govern the term, conditions,

and renewal of license: (a) The license granted to a post secondary education

institution will be valid for a period of five years measured from the first day

of July preceding the date on which the license is issued. (b) During the term

of the license, the licensee shall provide annual update information concerning

all items in Section 6 above on the form prescribed from by the Department. c) A

licensee may, upon 30 days written notice, be required to provide to the

Department updated information concerning all items in Section 6 above as well

as any other information the Department may request, either by a standardized

renewal application form or specific request to an individual licensee. (d) The

Department will assess an annual fee to each licensee in connection with the

submission of annual update information. The amount of the fee shall be included

in the form. Section 8. Minimum Standards. The post secondary education

institution must comply with the requirements listed below and is subject to

periodic monitoring by the Department: (a) Retain on file all items requested in

Section 6. (b) Provide adequate space, equipment, instructional material and

instructional personnel to provide academic instruction commensurate with course

offerings. (c) Ensure that administrative and instructional staff meet

appropriate education and experience qualifications to assure that students will

receive educational services consistent with the stated objectives for which the

educational services were offered. (d) Define the minimum grades considered

satisfactory, conditions for interruption due to unsatisfactory progress,

descriptions of probationary periods if any, and conditions for re-entrance for

those students dismissed for unsatisfactory progress. (e) Comply with all city,

county, state, and federal regulations pertaining to post secondary education

institution. (f) Utilize no advertising which tends to mislead students or

falsify information regarding job placement or accreditation. If a post

secondary education institution wishes to refer to the fact that it is licensed

in "the State of Wyoming," it shall refer to the fact only in the

following phraseology: "Licensed by the State of Wyoming under W.S.

21-2-401 through 21-2-407." (g) Award no degree, earned or honorary,

granted solely on the basis of payment of tuition or fee. No degree may be

given, awarded, or granted solely on the basis of credit earned at another

school or schools, on the basis of credit for life experience or other

equivalency, on the basis of testing out, on the basis of research and writing,

or solely on the basis of any combination of these factors. (h) Have or employ

no owners, administrators, directors, and instructors who have been convicted of

a felony or high misdemeanor pertaining to fraud, sexual assault, child abuse,

or other job-related reprehensible conduct in accordance with W.S. 21-2-403. (i)

Cooperate in the scheduling and conduct of an on-site visit to the principal

place of business of the institution by a representative of the Department, in

accordance with the following: (i) The on-site visit shall be conducted not less

frequently than every three years and may be conducted more frequently if

requested by the Department. (ii) The reasonable and proper expense of all

on-site visits shall be borne by the institution visited. The expense shall

include the reasonable and proper expenses of the Departments representative and

the per diem rate consistent with travel policies adopted by the State of

Wyoming. (iii) Payment of expenses relating to visitation within thirty (30)

days of presentation shall be made by that institution. Failure to make such

payment when due shall constitute grounds for immediate denial, suspension or

revocation of the license relating to the institution visited. (iv) Written

findings concerning the inspection of the institutions principal place of

business shall be submitted to the institution visited and to the Board within

thirty (30) days. Section 9. Refund Policy. All post secondary education

institutions licensed by the Department will utilize a refund policy that

parallels refund policies recommended by the United States Department of

Education. Section 10. Conflict Resolution Policy. The Department shall process

complaints by students of post secondary education institutions licensed by the

Department as follows: (a) All complaints shall be submitted to the Department

in writing and signed by the complainant. Such complaints shall set forth with

reasonable clarity and completeness the facts upon which the complaint is based

as well as the precise nature of the relief sought by the complainant. (b) Upon

receipt of a complaint, the Department shall advise the post secondary education

institution of the complaint, shall enclose a copy of the letter of complaint

and shall request that the institution respond to the charges within ten (10)

days. (c) A copy of the institutions letter of response is then forwarded to the

complainant. If, after reviewing the response, the complainant wishes to pursue

the complaint, an investigation shall be conducted by a representative of the

Department. (d) Upon completion of its investigation, the Department may do one

or more of the following: (i) Recommend terms of resolution to the appropriate

party/parties. (ii) Dismiss the complaint if it finds the complaint not to be

warranted. (iii) Forward the complaint to the Attorney General for further

action under the consumer protection laws in existence at that time in Wyoming.

(e) The Department shall keep on file for each licensed institution each

complaint received, the records obtained during any investigation by the

Department and any documents pertaining to action taken by the Department or

informal resolution reached between the complaining party and the institution.

The complaint file for each institution shall be retained for at least five (5)

years. (f) The board may take into account the history of complaints against a

licensed institution as well as the history of resolution of those complaints

when making determinations concerning the issuance, renewal, suspension or

revocation of any license. Section 11. Suspension and Revocation of License.

Subject to the requirements of the Wyoming Administrative Procedure Act, the

Board may immediately suspend or revoke the license of any institution which

fails to correct any violation of the licensing statues or these rules and

regulations after being given thirty (30) days written notice by the Department

of the nature of the violation and the action required to correct it. Written

notice of a violation shall be deemed given three days after first class mailing

by the department to the licensees most current address on file with the

Department.