13-34-104 - Prohibited acts -- Exceptions -- Responsibilities of proprietary schools.
13-34-104. Prohibited acts -- Exceptions -- Responsibilities of proprietary schools.
(1) Except as provided in this chapter, a proprietary school may not offer, sell, or award adegree or any other type of educational credential unless the student has enrolled in andsuccessfully completed a prescribed program of study as outlined in the proprietary school'scatalogue.
(2) The prohibition described in Subsection (1) does not apply to:
(a) honorary credentials clearly designated as such on the front side of a diploma; or
(b) certificates and awards by a proprietary school that offers other educationalcredentials requiring enrollment in and successful completion of a prescribed program of study incompliance with the requirements of this chapter.
(3) A proprietary school shall provide bona fide instruction through student-facultyinteraction.
(4) A proprietary school may not enroll a student in a program unless the proprietaryschool has made a good-faith determination that the student has the ability to benefit from theprogram.
(5) A proprietary school may not make or cause to be made any oral, written, or visualstatement or representation that an institution described in Subsection 13-34-107(2)(a)(ii) knowsor should know to be:
(a) false;
(b) deceptive;
(c) substantially inaccurate; or
(d) misleading.
(6) The division shall establish standards and criteria by rule made in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act, for the following:
(a) the awarding of educational credentials;
(b) bona fide instruction through student-faculty interaction; and
(c) determination of the ability of a student to benefit from a program.
Amended by Chapter 378, 2010 General Session