§ 115D-90. License required; application for license; school bulletins; requirements for issuance of license; license restricted to courses indicated; supplementary applications.
§ 115D‑90. Licenserequired; application for license; school bulletins; requirements for issuanceof license; license restricted to courses indicated; supplementaryapplications.
(a) No person shall operate, conduct or maintain or offer tooperate in this State a proprietary trade school, proprietary technical school,proprietary business school, or correspondence school, unless a license isfirst secured from the State Board of Community Colleges granted in accordancewith the provisions of this Article and the rules adopted by the Board underthe authority of G.S. 115D‑89. The license, when issued, shall constitutethe formal acceptance by the Board of the educational programs and facilitiesof each school approved.
(b) Application for a license shall be filed in the manner andupon the forms prescribed and furnished by the President of the CommunityCollege System for that purpose. Such application shall be signed by theapplicant and properly verified and shall contain such of the followinginformation as may apply to the particular school for which a license issought:
(1) The title or name of the school or classes, together withthe name and address of the owners and of the controlling officers thereof.
(2) The general field of instruction.
(3) The place or places where such instruction will be given.
(4) A specific listing of the equipment available forinstruction in each field.
(5) The qualifications of instructors and supervisors.
(6) Financial resources available to equip and to maintain theschool or classes.
(7) Such additional information as the State Board, acting byand through the President of the Community College System, may deem necessaryto enable it to determine the adequacy of the program of instruction andmatters pertaining thereto. Each application shall be accompanied by a copy ofthe current bulletin or catalog of the school which shall be in published formand certified by an authorized official of the school as being current, true,and correct in content and policy. The school bulletin shall contain thefollowing information:
a. Identifying data, such as volume number and date ofpublication.
b. Names of the institution and its governing body, officialsand faculty.
c. A calendar of the institution showing legal holidays,beginning and ending date of each quarter, term or semester, and otherimportant dates.
d. Institution's policy and regulations relative to leave,absences, class cuts, make‑up work, tardiness and interruptions forunsatisfactory attendance.
e. Institution's policy and regulations on enrollment withrespect to enrollment dates and specific entrance requirements for each course.
f. Institution's policy and regulations relative to standardsof progress required of the student by the institution. This policy will definethe grading system of the institution; the minimum grades consideredsatisfactory; conditions for interruption for unsatisfactory grades or progressand description of the probationary period, if any, allowed by the institution;and conditions of reentrance for those students dismissed for unsatisfactoryprogress. A statement will be made regarding progress records kept by theinstitution and furnished the student.
g. Institution's policy and regulations relating to studentconduct and conditions for dismissal for unsatisfactory conduct.
h. Detailed schedule for fees, charges for tuition, books,supplies, tools, student activities, laboratory fees, service charges, rentals,deposits, and all other charges.
i. Policy and regulations of the institution relative to therefund of the unused portion of tuition, fees and other charges in the eventthe student does not enter the course or withdraws or is discontinuedtherefrom.
j. A description of the available space, facilities andequipment.
k. A course outline for each course for which approval isrequested, showing:
1. Subjects or units in the course,
2. Type of skill to be learned, and
3. Approximate (i) time; (ii) clock hours, and (iii) credithours or credit hours equivalent, as appropriate, to be spent on each subjector unit.
l. Policy and regulations of the institution relative togranting credit for previous educational training.
(c) After due investigation and consideration on the part of theState Board, acting by and through the President of the Community CollegeSystem, as provided herein, a license shall be granted to the applicant when itis shown to the satisfaction of said Board that said applicant, school,programs of study or courses are found to have met the following criteria:
(1) The courses, curriculum and instruction are consistent inquality, content and length with similar courses in public schools and otherprivate schools in the State, with recognized accepted standards.
(2) There is in the institution adequate space, equipment,instructional material and instructor personnel to provide training of goodquality.
(3) Education and experience qualifications of director,administrators and instructors are adequate.
(4) The institution maintains a written record of the previouseducation and training of the student.
(5) A copy of the course outline, schedule of tuition, fees andother charges, regulations pertaining to absences, grading policy and rules ofoperation and conduct will be furnished the student upon enrollment.
(6) Upon completion of training, the student is given acertificate or diploma by the institution indicating the approved course orsubjects and indicating that training was satisfactorily completed.
(7) Adequate records as prescribed by the State Board ofCommunity Colleges, acting by and through the President of the CommunityCollege System, are kept to show attendance and progress or grades andsatisfactory standards relating to attendance, progress and conduct areenforced.
(8) The school complies with all local, city, county, municipal,State and federal regulations, such as fire codes, building and sanitationcodes. The State Board of Community Colleges may require such evidence ofcompliance as is deemed necessary.
(9) The school is financially sound and capable of fulfillingits commitments for training.
(10) The school does not exceed its enrollment limitation asestablished by the State Board of Community Colleges.
(11) The school does not utilize advertising of any type which iserroneous or misleading, either by actual statement, omission or intimation.
(12) The school's administrators, directors, owners andinstructors are of good reputation and character.
(13) Such additional criteria as may be deemed necessary by theState Board.
(d) Any license issued shall be restricted to the programs ofinstruction or courses or subjects specifically indicated in the applicationfor a license. The holder of a license shall present a supplementaryapplication as may be directed by the President of the Community College Systemfor approval of additional programs of instruction, courses, or subjects, inwhich it is desired to offer instruction during the effective period of thelicense. (1955, c. 1372,art. 30, ss. 3, 4; 1957, c. 1000; 1961, c. 1175, s. 4; 1981, c. 423, s. 1;1987, c. 442, s. 1, 2; 1989 (Reg. Sess., 1990), c. 877, s. 4; 1991, c. 636, s.11.)