Sec.10a-22k-5. Evaluation criteria for initial or renewal of authorization

All schools must meet the following conditions for authorization and the evaluation team shall review and report to the commissioner, pursuant to section 10a-22k-4 of these regulations, on the following minimum requirements:

(a) Program and courses: The program provided shall be supported by a proper organizational structure and, where appropriate, consist of laboratory and field work. The quality and content of each course or program of instruction, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered. The program description shall be published in the school's catalog and shall be clearly stated in units of credit or clock hours. One credit hour shall consist of a minimum of fifteen clock hours of instruction. A "clock hour" or "hour" of instruction shall be defined as a period of sixty minutes with a minimum of fifty minutes of instruction. In the case of home study, the number of lessons needed to reasonably and adequately achieve the stated objective for which the program is offered shall be stated. The program content and length shall be not less than the education and training essential for employment in the field for which the program is offered.

(b) Instruction: Instruction shall include defined instructional outcomes; systematic planning by teachers; the selection and use of appropriate and varied types of learning materials and experiences; and the use of valid and reliable evaluation instruments and procedures.

A uniform system of grading criteria shall be used by the school and published in its catalog. Students shall be informed of their grades or standing, in writing, at the completion of each course or, for home study schools, each lesson. Students who are performing unsatisfactorily shall be informed of their grade or standing at least half way through the course or at least every four months, whichever is less. In the case of minors, grade reports shall be sent to parents or guardians. Certificates of graduation, diplomas or certificates covering completion of a specific program shall be issued to students when all the requirements of the course or program are met. The program shall include a fixed number of credits or clock hours or in the case of home study, lessons of instruction required to be satisfactorily completed before program completion certificates or certificates of graduation may be issued to students. Any applicant intending to charge fees for services or products of students or instructors shall provide in its application information indicating that such service or production is necessary to provide adequate experience in the area in which instruction is offered. A schedule of such fees shall be included with the application.

(c) Class size and facilities: Class size shall not exceed the capacity of instructional equipment, materials and facilities and reasonable standards of safety and supervision. Equipment and other instructional materials shall be sufficient in quality, quantity and variety to assure safety and to provide the training specified in a course. The school shall maintain a library adequate for the purposes and objectives of the school. Student housing owned, leased, rented or otherwise maintained by the school shall meet all state and local fire, health and zoning requirements. Each housing unit shall not exceed reasonable standards of occupancy. No student shall be required to sign a lease for a period of time greater than needed to fulfill requirements for graduation or certification.

(d) Admission of students: A school shall admit only those students whose educational background and abilities qualify them to pursue the particular program, course or lesson for which enrollment is sought. In no event shall enrollment be solicited in lieu of compulsory elementary or secondary school attendance.

(e) Tuition and enrollment agreement: A school and its approved branch facilities shall charge students a uniform rate of tuition and other fees for the same program, provided nothing herein shall prevent a school from making a uniform change in tuition or other fees in new enrollment agreements or shall prevent a school from negotiating with state or federal governmental agencies for group training contracts and charging at lower individual rates for tuition or other fees for students participating in such programs under such contracts. There shall be a standard written enrollment agreement between the school and each student which shall conform to all requirements of federal and state law. In the case of home study schools, such written enrollment agreement shall conform, at the minimum, to all requirements of federal law where the student is not a resident of the state of Connecticut. The enrollment agreement shall include, but not be limited to:

(1) Title: identification of document as a contract or agreement.

(2) School: name and address of the school to be attended.

(3) Course or program: course or program title as identified in the school catalog.

(4) Time required: number of clock hours and number of weeks or months normally required for completion as stated in school catalog. In the case of home study, the number of lessons required for completion as stated in school catalog.

(5) Certificate, diploma: identification of type of document to be received by student upon successful completion of the course or program.

(6) Costs: tuition, books and supplies and other costs.

(7) Payment: method and terms of payments. Must comply with federal truth-in-lending and state retail installment requirements. In the case of home study schools, must comply, at the minimum, with federal truth-in-lending requirements where the student is not a resident of the state of Connecticut.

(8) Starting and ending dates: scheduled class starting and ending dates. In the case of home study schools, the scheduled class starting and ending dates may be done through an addendum so long as such addendum is incorporated and attached as part of the enrollment agreement.

(9) Class schedule: all day, morning, afternoon, evening or other time of class attendance. In the case of home study schools, the schedule of when lessons received by mail are to be completed and returned by mail must be stated.

(10) Termination by school: grounds for termination by the school prior to completion (such as insufficient academic progress, nonpayment, failure to comply with published school rules and regulations).

(11) Cancellation or termination by student: how to cancel or voluntarily terminate.

(12) Refund policy: details of how the school's tuition and other fees refunded prior to completion of the program or course are computed.

(13) Employment assistance: employment guarantee disclaimer.

(14) Acknowledgments: acknowledgment that the student has read and received a completed copy of the enrollment agreement and such other documents as appended thereto. In the case of home study schools, an enrollment agreement shall not be deemed completed until the authorized school official has signed the student submitted enrollment agreement and has sent to the student a copy of the enrollment agreement duly signed by both the student and the school official.

(15) Signatures: date and signature of student and acceptance date and signature of appropriate school official authorized to sign enrollment agreement. A copy of the school's enrollment agreement shall be filed with the application.

(f) Student records: A school shall maintain student records which include:

(1) admission and cumulative records of students including the results of achievement tests if any, academic grades and attendance showing the name and permanent address of each student;

(2) the date the student began instruction at the school;

(3) a copy of the individual enrollment agreement;

(4) information about each program in which the student is or was enrolled, including name of program, length of program in clock hours or credit hours, or, for home study schools, number of lessons, tuition paid, attendance, number of clock hours or credit hours of instruction or where appropriate, lessons completed by the student; and

(5) date of last instruction or of course completion.

Each student shall be provided appropriate educational credentials or statement of achievement by the school upon completion of the courses of studies or withdrawal in good standing from the school. Student records are to be maintained or protected in a manner approved by the commissioner or his designee.

If a school discontinues operation, it shall keep the commissioner advised as to the location and availability of student records or shall file all such records with the commissioner.

(g) Catalog: A school shall publish a catalog stating:

(1) the purposes and objectives of the school;

(2) description of facilities;

(3) admission requirements;

(4) placement and other student services;

(5) graduation requirements;

(6) curricula offered and course descriptions;

(7) tuition and other fees;

(8) cancellation and refund policies;

(9) sources of student financial assistance, if any;

(10) length of each approved program in credit or clock hours, or in the case of home study, number of lessons;

(11) student conduct policy and grading policy;

(12) room and board accommodations, if any;

(13) the period of time the catalog covers; and

(14) full legal name, address and telephone number of the school and, if applicable, its branches.

The tuition, other fees and refund policy shall be clearly stated in the catalog or in a comparable publication readily available to students and the general public. Any supplemental publication indicating tuition rates, other fees, refund policy and other financial policies of the school shall be referenced specifically in the catalog of the school.

(h) Advertising: Advertising for the school shall be under the complete and correct name and address of the school as listed on its certificate of authorization and shall conform to all requirements of the federal and state Unfair Trade Practices Acts. If training is to be given at a location other than the location of the school itself, such location shall be identified. School advertisements, of any type, shall not indicate or imply the availability of programs at schools or branch facilities where such programs of instruction are not available. If any of the training is other than residential training, advertisements shall so indicate. Advertising shall be factual and shall meet generally accepted standards for professional conduct. No school shall use "blind," "help wanted" or employment columns for advertising. Illustrations in all advertising matter shall relate solely to the school or be clearly designated otherwise. If in its advertising a school includes endorsements by manufacturers, business firms, organizations or individuals, the school shall be able to present written evidence of such endorsement and shall include the date of such endorsement in printed advertising. Only members of the faculty and the officers of the school shall be named in the advertising except that special lecturers or demonstrators may be mentioned in the advertising, if such persons are clearly identified as such. If a course prepared by a person is offered by someone other than such person, it shall clearly be so advertised. No school shall advertise that it operates under state supervision or is recommended by any agency of the state. However, the words "approved by the Connecticut Commissioner of Higher Education" may be used.

(i) Finances: Financial resources shall be adequate for the effective achievement of the purposes and objectives of the school, and for meeting all obligations including staff and students. The school shall have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness sufficient to operate the school during the period of authorization. Financial records shall be kept by the school in conformity with generally accepted accounting principles. Annual financial statements, which detail the financial condition of the school, shall be prepared by school management and reviewed or audited by a licensed certified public accountant or licensed public accountant in accordance with standards established by the American Institute of Certified Public Accountants. A copy of the school's annual financial statements shall be filed each year with the commissioner on or before the last day of the fourth month following the end of the school's fiscal year. Upon a school's written request, the commissioner may authorize a filing extension for a period not to exceed sixty days for good cause shown. The financial statements shall include, but not be limited to:

(1) income statement;

(2) balance sheet;

(3) statement of change in equity or fund balance;

(4) statement of cash flows;

(5) footnotes or notes to financial statements;

(6) cover letter prepared by the licensed certified public accountant or licensed public accountant stating the scope of the review or audit, any opinions, and standards and principles followed;

(7) school management affirmation statement and, when applicable, a program compliance statement; and

(8) school management statement on fiscal position of the school.

In the case of corporate ownership or partnership of one or more schools or branches the parent organization shall submit an annual reviewed or audited consolidated financial report which must include, but not be limited to: Annual report of the consolidated parent organization or financial statements of the consolidated parent organization and separate financial statements for each Connecticut school. The Commissioner or his designee shall determine whether the separate financial statements for each Connecticut school, submitted in the case of corporate ownership or partnership of one or more schools, has met the requirements of this subsection.

If the commissioner or his designee determines, based upon the annual reviewed or audited financial statements, that the school does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness sufficient to operate, the school shall submit a letter of financial commitment and responsibility in an amount specified by the Commissioner or his designee for the school and branches operating under the certificate of authorization within the state.

(j) Insurance: The school shall, in the amounts of at least standard underwriting limits, carry insurance with a company authorized to do business in this state against (1) liability to protect students in all school related activities and (2) property damage. Workers' compensation insurance shall be carried pursuant to chapter 568 of the general statutes. A certificate of issuance of said insurance shall be filed with the commissioner annually in such manner as he shall prescribe.

(k) Personnel:

(1) The director of a school shall:

(A) hold a high school diploma, or other equivalency recognized by the board, and

(B) have a minimum of five years experience in the area for which training is offered, or hold an undergraduate diploma from a four-year college and have a minimum of three years of experience in the area of training being offered. The director of the school shall also be experienced in administration. The commissioner shall have the authority, where there is other evidence of qualification, to waive the educational and other requirements for a director. If the school offers instruction in an area in which the director is not qualified, the department head or supervising instructor shall have the above qualifications.

(2) Any person who gives instruction for a school shall:

(A) be at least eighteen years of age;

(B) hold a high school diploma, or other equivalency recognized by the board; and

(C) have not less than two years of experience in the skill or subject to be taught within ten years immediately preceding employment by the school or the equivalent in teacher training approved by the board in the skill or subject taught. The commissioner shall have the authority, where there is other evidence of qualification, to waive the educational and other requirements for an instructor. Persons who have served as assistants to qualified instructors for at least two years may satisfy the experience requirement for instructors. All instructors hired after the date of October 10, 1984 who are required to be holders of state special permits or licenses to practice their trades shall be holders of such permits or licenses and provide evidence thereof to the commissioner or his designee prior to instructing in the practical application of the trade and shall maintain such license or permit during the period for which such instruction is given.

(3) Recruiters representing schools shall be thoroughly familiar with the school and its offerings. The school shall furnish recruiters with identification which shall be available for inspection by prospective students, their parents or guardians, law enforcement agents and state officials. Recruiters shall refrain from exaggeration, misleading statements, or misrepresentation of any kind. All recruiters shall be agents of the school they represent and the school shall be responsible for their actions regarding recruitment.

(4) Upon application for authorization, a school shall furnish a roster of all school employees having contact with students and shall attest that:

(A) the list is complete and accurate; and

(B) each employee listed meets the minimum requirements for the position for which he is employed. The commissioner or his designee shall be informed promptly of any changes in school personnel.

(Effective May 23, 1990; Transferred and AmendedJuly 25, 1997)