Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as occupational school. Application. Evaluation. Hospital-based occupational school.
Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as occupational school. Application. Evaluation. Hospital-based occupational school. (a) No
person, board, association, partnership, corporation, limited liability company or other
entity shall offer instruction in any form or manner in any trade or in any industrial,
commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives
from the commissioner a certificate authorizing the occupational instruction to be offered.
(b) Except for initial authorizations, the commissioner shall accept institutional accreditation by an accrediting agency recognized by the United States Department of
Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation and attendance requirement, unless the commissioner finds reasonable cause not to rely upon such accreditation.
(c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the
commissioner, or the commissioner's designee, in such manner as the commissioner, or
the commissioner's designee, prescribes, an application for a certificate of authorization
which includes, but need not be limited to, (1) the proposed name of the school; (2)
ownership and organization of the school including the names and addresses of all
principals, officers, members and directors; (3) names and addresses of all stockholders
of the school, except for applicants which are listed on a national securities exchange;
(4) addresses of any building or premises on which the school will be located; (5) description of the occupational instruction to be offered; (6) the proposed student enrollment
agreement, which includes for each program of occupational instruction offered a description, in plain language, of any requirements for employment in such occupation or
barriers to such employment pursuant to state law or regulations; (7) the proposed school
catalog, which includes for each program of occupational instruction offered a description of any requirements for employment in such occupation or barriers to such employment pursuant to state law or regulations; (8) financial statements detailing the financial
condition of the school prepared by management and reviewed or audited by an independent licensed certified public accountant or independent licensed public accountant; and
(9) an agent for service of process. Submitted with an application for initial authorization
shall be a nonrefundable application fee in the amount of two thousand dollars made
payable to the private occupational school student protection account.
(d) Upon receipt of a complete application pursuant to subsection (c) of this section,
the commissioner shall cause to be conducted an evaluation of the applicant school.
Thereafter, the commissioner shall advise the applicant of authorization or nonauthorization not later than one hundred twenty days following the completed appointment of
an evaluation team pursuant to subsection (e) of this section. The commissioner may
consult with the Labor Department and may request the advice of any other state agency
which may be of assistance in making a determination. In the event of nonauthorization
by the commissioner, he shall set forth the reasons therefor in writing and the applicant
school may request in writing of the Board of Governors a hearing pursuant to chapter 54.
(e) For purposes of an evaluation of an applicant school, the commissioner, or the
commissioner's designee, shall appoint an evaluation team which shall include (1) at
least two members representing the Board of Governors, and (2) at least one member
for each of the areas of occupational instruction for which authorization is sought who
shall be experienced in such occupation. The applicant school shall have the right to
challenge any proposed member of the evaluation team for good cause shown. A written
challenge shall be filed with the commissioner within ten business days following the
appointment of such evaluation team. In the event of a challenge, a decision shall be
made thereon by the Commissioner of Higher Education within ten business days from
the date such challenge is filed, and if the challenge is upheld the Commissioner of
Higher Education shall appoint a replacement. Employees of the state or any political
subdivision of the state may be members of evaluation teams. The commissioner, or
the commissioner's designee, shall not appoint any person to an evaluation team unless
the commissioner, or such designee, has received from such person a statement that the
person has no interest which is in conflict with the proper discharge of the duties of
evaluation team members as described in this section. The statement shall be on a form
prescribed by the commissioner and shall be signed under penalty of false statement.
Members of the evaluation team shall serve without compensation. Except for any member of the evaluation team who is a state employee, members shall be reimbursed for
actual expenses, which expenses shall be charged to and paid by the applicant school.
(f) The evaluation team appointed pursuant to subsection (e) of this section shall:
(1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of
noncompliance; (3) give the school sixty days from the date of the report to provide
evidence of compliance; and (4) submit to the commissioner a written report recommending authorization or nonauthorization not later than one hundred twenty days after
the on-site inspection. The evaluation team shall determine whether (A) the quality and
content of each course or program of instruction, including, but not limited to, residential,
on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B)
the school has adequate space, equipment, instructional materials and personnel for the
instruction offered; (C) the qualifications of directors, administrators, supervisors and
instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students
and other interested persons shall be provided with a catalog or similar publication
describing the courses and programs offered, course and program objectives, length
of courses and programs, schedule of tuition, fees and all other charges and expenses
necessary for completion of the course or program, and termination, withdrawal and
refund policies; (E) upon satisfactory completion of the course or program, each student
shall be provided appropriate educational credentials by the school; (F) adequate records
shall be maintained by the school to show attendance and grades, or other indicators of
student progress, and standards shall be enforced relating to attendance and student
performance; (G) the applicant school shall be financially sound and capable of fulfilling
its commitments to students; and (H) any student housing owned, leased, rented or
otherwise maintained by the applicant school shall be safe and adequate. The evaluation
team may also indicate in its report such recommendations as may improve the operation
of the applicant school.
(g) Any hospital offering instruction in any form or manner in any trade, industrial,
commercial, service, professional or other occupation for any remuneration, consideration, reward or promise, except to hospital employees, members of the medical staff
and training for contracted workers, shall obtain a certificate of authorization from the
Commissioner of Higher Education for the occupational instruction offered. Each hospital-based occupational school submitting an application for initial authorization shall
pay an application fee of two hundred dollars made payable to the private occupational
school student protection account. The commissioner shall develop a process for prioritizing the authorization of hospital-based occupational schools based on size and scope
of occupational instruction offered. Such schools shall be in compliance with this section
when required pursuant to the commissioner's process, or by 2012, whichever is earlier.
(P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93-294, S. 2, 17; P.A. 97-138; May 9 Sp. Sess. P.A. 02-7, S. 14; P.A. 06-150, S. 2; P.A. 07-164, S. 2; 07-166, S. 4, 5; P.A.
08-116, S. 8.)
History: P.A. 83-501 amended Subsec. (b)(8) to provide that financial statement is to be prepared by management of
the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested
to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased
the number of days the state board of education has to make a decision on a challenge from 14 to 45; P.A. 89-251 increased
the application fee from $250 to $500; P.A. 90-198 in Subsec. (d) allowed a designee of the commissioner to appoint an
evaluation team, added to the team an additional member representing the state board of education, removed the member
who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted
10 business days for 14 days as the time within which a challenge shall be filed, substituted the commissioner of education
for the state board of education as the person to make decisions on challenges, decreased the number of days to make a
decision on a challenge from 45 days to 10 business days, allowed employees of the state or political subdivisions to be
members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made
changes necessitated by the transfer of authority for the authorization of the schools from the department of education to
the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b
in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by
accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section
and Sec. 10a-22d, except for initial authorizations; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by adding reference
to attendance requirement, effective August 15, 2002; P.A. 06-150 amended Subsec. (a) to include limited liability companies as entities required to receive certificate of authority, change "occupational" instruction to instruction "in any form
or manner in any trade, or in any industrial, commercial, service, professional or other occupation" and designate part of
subsection as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to require application for certification to include names and addresses of members of school, financial statements to be prepared by independent licensed certified public accountant or independent licensed public accountant and designation of agent for service
of process and to increase application fee from $500 to $2,000, payable to private occupational school student protection
account, redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to change time period for notification
of authorization or nonauthorization from "within ninety" to "not later than one hundred twenty" days, redesignated existing
Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended subsection to add new Subdivs.
(1) to (4) re requirements of evaluation team, redesignate existing Subdivs. (1) to (8) as Subparas. (A) to (H), include
"residential, on-line, home study and correspondence" in Subpara. (A) and change "cancellation" to "termination, withdrawal" in Subpara. (D), and added "commissioner's designee" and made conforming and technical changes throughout
section; P.A. 07-164 amended Subsec. (c) to require application for certificate of authorization to include in student
enrollment agreement and school catalog a description of requirements for and barriers to employment for each program
of occupational instruction and to make a technical change; P.A. 07-166 made technical changes in Subsecs. (a) and (f),
effective June 19, 2007; P.A. 08-116 added Subsec. (g) re certificate of authorization application requirements for hospital-based occupational schools, effective July 1, 2008.
See Sec. 10a-22y re hospital-based occupational school authorization period, renewal fee and protection account payments.