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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.

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Page 1 of 3 165A.370 Minimum standards and requirements -- Training requirements for administrators and instructors -- Records -- Financial statement -- Approval <br>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 <br>proprietary school is maintained, operated, or, in the event of a new proprietary <br>school, that the school can be reasonably maintained and operated, in substantial <br>compliance with the following minimum standards: <br>(a) That the instructional quality and content of each course or program of instruction or study shall be adequate to provide reasonable education and <br>training to each enrolled student, and that the quality and content shall be <br>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 <br>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 <br>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 <br>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 <br>appropriate training or experience related to the responsibilities of the position <br>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 <br>graduates for the preceding twelve (12) months be furnished each student <br>applicant prior to enrollment. Federal guidelines on placement and graduation <br>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 <br>completion of training by the proprietary school which indicates that the <br>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: <br>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 <br>regulations adopted pursuant thereto, relative to the safety and health of all <br>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 <br>certified by the owner as being true and current. The board may call for any or <br>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 <br>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 <br>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 <br>courses or programs of instruction or study offered by the school, and to <br>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 <br>investigation, appraisal, and evaluation shall be for the purpose of determining <br>whether the proprietary school is maintained and operated or, in the event of a new <br>proprietary school, whether the new proprietary school can be reasonably <br>maintained and operated, in compliance with the provisions of this section. The <br>investigation, appraisal, and evaluation shall include but is not limited to inspection <br>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 <br>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 <br>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 <br>standards prescribed by this section and the minimum requirements determined by <br>the board, the board, after notice and an opportunity for a hearing to be conducted in <br>accordance with KRS Chapter 13B, may deny the issuance of a certificate or may <br>establish conditions in conformity with these provisions which shall be met by the <br>school prior to issuance of a certificate. The board may issue a conditional license <br>for up to a nine (9) month period of time. Effective: July 15, 1996 <br>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 <br>ch. 31, sec. 6, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 363, sec. 8, <br>effective July 1, 1976.