173.612. Coordinating board for higher education to administer law--powers and duties--rules and regulations, suspension and reinstatement.
Coordinating board for higher education to administer law--powersand duties--rules and regulations, suspension and reinstatement.
173.612. 1. The board shall, through the department ofhigher education, administer, supervise, and enforce theprovisions and policies of sections 173.600 to 173.618 and shallassign the personnel that are necessary to exercise its powersand duties.
2. The rules and regulations adopted by the board undersections 173.600 to 173.618, together with any amendmentsthereto, shall be filed with the office of the secretary ofstate. The board may:
(1) Issue proprietary school certificates of approval ortemporary certificates of approval to applicants meeting therequirements of sections 173.600 to 173.618;
(2) Suspend or revoke certificates or temporarycertificates of approval, or place certified schools onprobation;
(3) Require each proprietary school to file a security bondcovering the school and its agents to indemnify any student,enrollee or parent, guardian, or sponsor of a student or enrolleewho suffers loss or damage because of a violation of sections173.600 to 173.618 by the school, or because a student is unableto complete the course due to the school's ceasing operation orbecause a student does not receive a refund to which he isentitled. The bond or other security shall cover all thefacilities and locations of a proprietary school and shall not beless than five thousand dollars or ten percent of the precedingyear's gross tuition, whichever is greater, but in no case shallit exceed twenty-five thousand dollars. The bond shall clearlystate that the school and the agents of the school are covered byit. The board may authorize the use of certificates of deposit,letters of credit, or other assets to be posted as security inlieu of this surety bond requirement;
(4) Collect data from certified proprietary schoolsappropriate to establish records and statistics necessary toprovide evaluation and planning by the department of highereducation;
(5) Administer sections 173.600 to 173.618 and initiateaction to enforce it.
3. Any school which closes or whose certificate of approvalis suspended, revoked, or not renewed shall, on the approval ofthe coordinating board, make partial or full refund of tuitionand fees to the students enrolled, continue operation under atemporary certificate until students enrolled have completed theprogram for which they were enrolled, make arrangements foranother school or schools to complete the instruction for whichthe students are enrolled, employ a combination of these methodsin order to fulfill its obligations to the students, or implementother plans approved by the coordinating board.
4. Any rule or portion of a rule promulgated pursuant tosections 173.600 to 173.618 may be suspended by the jointhouse-senate committee on administrative rules until such time asthe general assembly may by concurrent resolution signed by thegovernor reinstate such rule.
(L. 1983 H.B. 560 §§ 3, 5 subsec. 1, 10, 12, A.L. 1991 H.B. 51, et al.)