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DIVISION 45
PRIVATE CAREER SCHOOLS
715-045-0001
Definitions
The following definitions apply to OAR
715-045-0001 through 715-045-0210, unless otherwise indicated by the context:
(1) "Ability to benefit"
is a term used in reference to federal Title IV federal student aid regulations
and the methods of determining whether a student has the requisite academic skills
necessary to successfully complete a program of study, to be used only for the purposes
of establishing eligibility for Title IV funding.
(2) “Addendum”
used in reference to a school’s catalog means a separate document that contains
revisions of policies or other information appearing in the school catalog. Information
listed in an addendum to a catalog should be incorporated into the catalog at the
next printing of the catalog. An addendum does not include errata, but errata can
appear on the same page as addendum information, if properly labeled.
(3) "Advertising" means any
form of public notice used in recruiting and promoting activities, however disseminated,
including but not limited to print media, catalogs, and other school publications,
signs, mailing pieces, radio or television ads, audiovisual material, and the internet
on behalf of a licensed school.
(4) "Agent" has the meaning
given in ORS 345.010(1).
(5) "Application for admission"
or “admission application” means a form, separate from the enrollment
agreement, which is submitted by an applicant prior to the signing of the enrollment
agreement and evaluated by the school for admission purposes. Schools may charge
a non-refundable application fee; however, the fee must be clearly identified on
the application.
(6) "Application fee," when
used in reference to a school’s admissions process, or “admission fee”
means the initial fee charged by a school to cover those expenses incurred by the
school in establishing an admissions file for a prospective student. The application
or admission fee is not inclusive of and does not preclude other fees necessary
to assess the suitability of a student for the intended program, or that student’s
appropriate level of placement in the program based on prior training, education,
or experience. At the school's option, the application fee may be non-refundable.
The school shall not charge an application fee of more than $50.00.
(7) "Approved" means accepted
by the Higher Education Coordinating Commission or by the commission’s executive
director in matters relating to school licensing requirements.
(8) "Assessment" or “Performance
Assessment” when used in reference to the instructional program, as outlined
in OAR 715-045-0009, means a performance-based evaluation of an applicant's progress
towards mastery of the stated competencies of the instructional program.
(9) "At-risk" means the school
demonstrates a pattern or history of one or more of the following conditions that
the Executive Director of the Higher Education Coordinating Commission determines,
may cause potential serious problems for the continued successful and profitable
operation of the organization:
(a) Failure to meet the standards
of financial responsibility or reporting;
(b) Misrepresentation;
(c) Frequent substantiated
complaints filed with the Higher Education Coordinating Commission;
(d) A decrease in enrollment
from the previous reporting period of 50 percent or more or 25 students, whichever
is greater;
(e) Staff turnover from the
previous reporting period of 50 percent or more or three staff, whichever is greater;
and
(f) If conditions listed
in paragraphs (d) and (e) of this subsection can be shown to be caused by unusual
circumstance or reason the school may request an exemption from an “at risk”
designation. Exemption request will be evaluated by the Executive Director of the
Higher Education Coordinating Commission.
(10) "Auxiliary facility"
means a facility that does not use or list its address as a school location and:
(a) Absorbs a temporary overload
that the principal facility cannot accommodate; or
(b) Provides a specialized
training facility away from the principal school location; or
(c) Provides training under
contract that is not open to general enrollment; or
(d) Is a site approved by
the Higher Education Coordinating Commission for teaching a short-term course that
is taught by registered teachers from the principal facility.
(11) "Barbering" has the
meaning given in ORS 690.005.
(12) "Bona fide organization
or group" means any body or entity that is nationally chartered or recognized by
a national or state educational/occupational policy board that has operated or functioned
in good faith without fraud or deceit for at least 25 years.
(13) “Capacity to complete”
means that a student has the cognitive or physical capacity to complete a program
of study, with or without reasonable accommodations, and become employment eligible
in the specific field of training for which they are enrolling. A school has an
obligation to determine whether applicants have capacity to complete during the
admissions process, and to assess this capacity when information is obtained or
received by the school through any means which suggests the student may not have
capacity to complete the program. Any information obtained shall be treated as confidential
and kept in a secure manner. Capacity to complete must be assessed before enrollment
is completed; however, if information is received by the school after instruction
has commenced that cognitive or physical circumstances exist that may impede a student’s
satisfactory progress through their program of study, capacity to complete must
be assessed immediately after receipt of such information, and appropriate adjustments,
accommodations, or tuition refunds made.
(14) "Chairperson" means
the person who is responsible for overseeing the business of the advisory committee.
(15) "Class" means a scheduled
meeting of persons for instructional purposes.
(16) "Clinic lab" or “clinic
floor” means a place where students perform assigned instructional tasks identified
in the approved curriculum on models or the general public.
(17) "Completion" means the
student has satisfactorily finished all the requirements of the program in which
he or she is enrolled, has fulfilled the terms of the enrollment agreement, and
has been awarded an appropriate certificate, diploma, or completion document.
(18) "Continuing education"
means the enrollment in and completion of ongoing instruction approved by the Higher
Education Coordinating Commission, outside the normal teaching schedule, which upgrades
a teacher's skills and knowledge with the intent of making the teacher more proficient
and current in subject matter taught, instructional methodology, or other skills
and knowledge relevant to the teaching of adult learners.
(19) "Course" means an aggregation
of classes to achieve a completed set of competencies.
(20) “Discount”
means a specified amount of money to be deducted at the time of enrollment from
the costs associated with an instructional program, according to a specified set
of criteria. The criteria and details of any discounts offered by a school will
be given to all persons eligible to receive the discount, and documented and maintained
as part of a school’s approved advertising. A discount that is granted must
be listed as a discount on the enrollment agreement, and is not revocable.
(21) "Discrimination" means
any act that unreasonably differentiates treatment, intended or unintended, or any
act that is fair in form but discriminatory in operation, either of which is based
on age, disability, national origin, race, color, marital status, religion, sex
or sexual orientation, or any other protected class.
(22) "Distance learning instruction"
means education provided by written correspondence or any electronic medium for
students enrolled in a private career school in pursuit of an identified occupational
objective, but not attending classes at an approved school site or training establishment.
(23) "Enrollment" means a
student has agreed to the purchase of a course or program of instruction offered
by a school and has signed an enrollment agreement, however named, that commits
both the student and the school to a legal and binding obligation. Instruction in
a program or course may not begin without a signed enrollment agreement in place.
(24) "Enrollment fee" means
the fee a school charges that covers those expenses incurred by a school in processing
the student enrollment agreement and establishing a student records system. The
enrollment fee is limited to 15% of the total tuition cost, or $150, whichever is
less, and is identified as an enrollment fee on the student enrollment agreement.
(25) “Errata”
in reference to a school’s catalog means a listing of errors appearing in
a school’s published catalog and the corrections of those errors. Errors do
not include revisions to policies or other information in the catalog. Errata may
be published only via electronic means, at the discretion of the school, in which
case a reference in the school catalog must be included that specifies the URL or
website where errata may be found. Errors included on the errata list should be
corrected in the next printing of the school’s catalog.
(26) "Esthetics" has the
meaning given in ORS 690.005.
(27) “Evaluation fee”
means any fee, however named, covering those expenses incurred by a school in evaluating
a prospective student’s prior training, education, experience, or other indicators
of beginning level of mastery in technical program competencies before enrolling
in a program of instruction at the school, or for other uses of an assessment for
competency evaluation (e.g., licensing reciprocity) approved by the Executive Director
of the Higher Education Coordinating Commission. The evaluation fee shall not exceed
the reasonable costs incurred by the school in administering and scoring the assessment,
preparing official documentation, providing appropriate feedback to the applicant,
and designing a program of study based on the assessment results (if applicable).
(28) “Executive Director”
means the Executive Director of the Higher Education Coordinating Commission, or
the executive director’s designee.
(29) "Fiscal reporting period"
means the period of time for which the school provides financial information required
by the Higher Education Coordinating Commission. The fiscal reporting period is
identified by the school owner in the initial license application and must remain
consistent unless a written request for a change is approved by the Superintendent.
The fiscal reporting period may be the calendar year or another 12-month time period.
(30) "Fund" means the private
career school Tuition Protection Fund (TPF).
(31) “Grant,”
as used in reference to tuition assistance, means actual funds made available through
any source to prospective or enrolled students through an application process whereby
applicants must meet predetermined criteria and may or may not be required to maintain
a certain status or performance criteria in order to retain the award. For in-house
grants, funds in the amount of the full amount of the award for grants awarded on
an annual basis will be deposited by the school in an account separate from the
school’s operating funds at the time of the award, or at the beginning of
each new year of an on-going award, and drawn out by the school as the tuition is
earned. For third party grants, all monies received by the school on behalf of the
student will be deposited into an account separate from the school’s operating
funds and drawn out as the tuition is earned. In-house grants are revocable only
in the amount that has not been earned by the student, according to the terms of
the grant award, which are to be articulated to the recipient of the award and agreed
upon by signature through an official award letter. The signed award letter will
be kept in the student’s file, and a copy given to the student. Any grant
awarded a student from any source will be documented on the enrollment agreement
as a grant at the time of the award. If the award is made after the initial enrollment
agreement has been signed, a rider to that agreement must be executed and attached.
(32) "Gross tuition income"
means all direct tuition charges from programs for which the school is licensed
under OAR chapter 715, division 45, including any laboratory fee. Total gross tuition
income does not include:
(a) Tuition refund;
(b) Enrollment and application
fees; or
(c) Costs for books, supplies,
tools, and equipment purchased by students.
(33) "Hair design" has the
meaning given in ORS 690.005.
(34) "In default" is defined
in ORS 345.115(5) as "when a course or program is discontinued or canceled or the
school closes prior to completion of contracted services."
(35) “Incentive,”
as used in reference to tuition assistance, means a monetary reward or inducement
offered by a school for the purpose of encouraging or motivating a student to perform
a specific action, such as completing or course or instructional program within
a certain period of time. Any terms or conditions that apply to an incentive must
be published by the school, and maintained as part of the school’s approved
advertising. Students who are working towards an incentive award will have in their
file a copy of the terms and conditions of the incentive along with a record of
the date each condition is satisfied. Once all conditions have been satisfied the
incentive is considered earned and cannot be cancelled or revoked. A rider to the
enrollment agreement must be prepared at the time of award detailing the application
of the incentive to the student’s outstanding financial obligation.
(36) "License" means a license
to operate a private career school.
(37) "Nail technology" has
the meaning given in ORS 690.005.
(38) "On-site review" means
a visit to the school by authorized staff from the Higher Education Coordinating
Commission who may review the facilities, classrooms, and school records; talk with
students, staff, and administrators; and determine whether the school is in compliance
with Oregon law.
(39) "Operating” or
“operation" means any form of marketing, advertising, instruction, recruitment,
or any other activity regulated under ORS Chapter 345 and OAR chapter 715, division
45.
(40) "Placement" means the
student has been employed in the occupation for which trained.
(41) “Post-secondary”
for the purposes of recognizing private career schools in Oregon as institutions
of post-secondary study means any school licensed under ORS Chapter 345 that:
(a) Admits as regular students,
or maintains as a majority of its enrollment, those students who have earned a recognized
high school diploma, the equivalent of a recognized high school diploma, or a GED
certificate, or who are beyond the age of compulsory education in the State of Oregon,
and
(b) Is authorized by the
Higher Education Coordinating Commission to offer one or more educational programs
beyond secondary education.
(42) "Probation" means that
a school has been officially notified by the Executive Director of the Higher Education
Coordinating Commission that it has deficiencies that must be corrected within a
specified time.
(43) "Program" means an aggregation
of courses to meet an identified occupational objective.
(44) "Program advisory committee"
means a representative group appointed by the school, which advises the school ownership
and administration.
(45) "Program improvement
plan" or “school improvement plan” means a written plan that describes
how the school will resolve or comply with violations of state rule or regulation
assessed, or correct any deficiencies identified, by the Executive Director of the
Higher Education Coordinating Commission, and usually includes interim outcome measures
to track progress towards the overall improvement goals.
(46) "Pro rata" means in
accordance with a fixed proportion.
(47) "Published Class Schedule"
(for the purpose of calculating tuition charges) means the period of time between
the commencement of classes and the student's last date of attendance as offered
by the school and scheduled by the student.
(48) "Recruiting" means personally
soliciting or attracting a person or persons by a school or its agent(s) with the
intention of actively pursuing enrollment in the school. Recruiting does not include
leaving materials at or near an office or other site for a person to pick up of
his or her own accord or handing a brochure or other materials to a person.
(49) "Registration" means
the process by which directors, agents, or teachers either request registration
by the Superintendent to teach at the school or notify the Superintendent of their
appointment of an agent to represent the school.
(50) "Reporting period" means
the period of time that corresponds with the school’s fiscal year on which
the school bases all individual program student completion and placement reporting
that must be submitted to the Higher Education Coordinating Commission. The school's
fiscal year may be the calendar year or another 12-month time period.
(51) "Resident instruction"
means education provided at an approved school site or training establishment for
students enrolled in and attending classes at the school facility in pursuit of
an identified occupational objective.
(52) "Revocation" as referenced
in OAR 715-045-0012 means that the Executive Director of the Higher Education Coordinating
Commission has notified an employee of a licensed private career school that because
of violations of 715-045-0012(9)(a)–(c) the commission's approval of the employee's
registration is permanently withdrawn. When notice of revocation is issued, the
employee shall be notified and upon written request, shall be granted a contested
case hearing under the Administrative Procedures Act, ORS chapter 183.
(53) "Revoke" means the Higher
Education Coordinating Commission terminates the school license. When the license
is revoked, the school is not authorized to continue operating. Probation or suspension
may, but is not required to, precede revocation.
(54) “Rider”
means an attachment, schedule, amendment, or other writing that is added to the
enrollment agreement that alters the terms, conditions, or financial obligation
of the original instrument without altering the instrument in its entirety. The
contents of a rider to the enrollment agreement are understood to be incorporated
into the enrollment agreement.
(55) “Scholarship”
means actual funds, from any source, made available to prospective or enrolled students
through an application process whereby applicants must meet predetermined criteria
and may or may not be required to maintain a certain status in order to retain the
award. For in-house scholarships, funds in the amount of the full amount of the
award for scholarships awarded on an annual basis will be deposited by the school
in an account separate from the school’s operating funds at the time of the
award, or at the beginning of each new year of an on-going award, and drawn out
by the school as the tuition is earned. For third party scholarships, all monies
received by the school on behalf of the student will be deposited into an account
separate from the school’s operating funds and drawn out as the tuition is
earned. In-house scholarships are revocable according to the terms of the scholarship
award, which are to be articulated to the recipient of the award and agreed upon
by signature through an official award letter. The signed award letter will be kept
in the student’s file, and a copy given to the student. Any scholarship awarded
a student from any source will be documented on the enrollment agreement as a scholarship
at the time of the award. If the award is made after the initial enrollment agreement
has been signed, a rider to that agreement must be executed and attached.
(56) "Self-directed instruction"
means a course of instruction or an instructional program in which the instructional
materials and curriculum are sufficient in design and scope to prepare a student
for the program's occupational objectives without the provision of direct instruction.
These objectives can be achieved without regular or scheduled interaction either
by mail, telephone, or in person between the student and faculty employed by the
school and do not require the school to measure attendance or lesson completion
for satisfactory progress.
(57) "School" or “career
school” or “private career school” has the meaning given in ORS
345.010(4).
(58) "Short term course"
means a course no longer than 16 clock hours in duration.
(59) "State advisory committee"
means a representative, statutory advisory committee appointed by the Superintendent
of Public Instruction, consisting of members who shall serve for terms of three
years ending June 30.
(60) "Structured work experience”
or “externship" means a worksite educational activity that correlates the
value of classroom training and on-site job performance, is an integral part of
the student's training plan, and is supervised/evaluated by appropriate school personnel.
(61) “Supplement”
in reference to a school’s catalog means a document that is separate from
the catalog and which contains new information not appearing in the catalog, or
information that is related, but in addition, to information already appearing in
the catalog. Information contained in a catalog supplement may or may not need to
be incorporated into the catalog at the next regular revision and printing of the
catalog.
(62) "Suspension" as referenced
in OAR 715-045-0012 means that the Executive Director of the Higher Education Coordinating
Commission has notified an employee of a licensed private career school that because
of violations of 715-045-0012(9)(a)–(c) the commission's approval of the employee's
registration is temporarily withdrawn. When notice of suspension is issued, the
employee shall be notified and upon written request, shall be granted a contested
case hearing under the Administrative Procedures Act, ORS chapter 183.
(63) "Suspend" means the
Executive Director of the Higher Education Coordinating Commission has notified
a school that because of deficiencies, it may not advertise, recruit, enroll students,
or begin instruction of new students, but may remain open to complete training of
currently enrolled students. Probation may, but is not required to precede suspension.
(64) "Teachout" means a defaulting
school or the Higher Education Coordinating Commission makes provisions for students
enrolled at the time of the default to complete a comparable program at no additional
cost beyond the original enrollment agreement with the defaulting school. Teachout
arrangements, if made by the defaulting school, shall be approved in advance by
the commission’s executive director and, if ongoing, approved annually by
the executive director.
(65) "Transcript" means a
written record that shall include, but is not limited to, name and address of student,
first and last date of attendance, all programs or courses undertaken, grades achieved,
whether the courses or programs were successfully completed, and signature of a
school official.
(66) "Tuition" means money
or other compensation paid or credited to a school by a student or on behalf of
a student that is applied to the costs of instruction and training actually received
or to be received by the student.
(67) “Tuition aid”
or “Tuition assistance” means any award of monetary value, including,
but not limited, to scholarships, grants, discounts, or incentives offered by a
career school or by a third party, that is received by a student who will enroll
in, or is enrolled in, a specific program of instruction, and is:
(a) Provided directly to
the student for the purposes of covering, in full or in part, the costs of tuition
or other allowed educational expenses incurred by the student, or
(b) Paid or credited to a
career school on behalf of the student by the school or a third party for the purpose
of covering, in full or in part, the costs of tuition or other allowed educational
expenses incurred by the student.
(68) "Withdrawal fee" means
any fee, however named, covering those expenses incurred by a school in processing
student paperwork relating to program changes (i.e., course additions/drops or transfers)
or withdrawal from school and so identified on the student enrollment agreement.
Stat. Auth.: ORS 345.020
Stats. Implemented: ORS 345.030
& 345.325
Hist.: 1 EB 31-1986, f. &
ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90; EB 13-1996, f. & cert. ef.
7-26-96; ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert.
ef. 10-1-02; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; ODE 13-2008, f. & cert. ef. 5-23-08; ODE 13-2008, f. &
cert. ef. 5-23-08; ODE 3-2010, f. & cert. ef. 2-8-10; ODE 27-2012, f. 9-13-12,
cert. ef. 9-17-12; Renumbered from 581-045-0001 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0003
Fingerprinting of Subject Individuals
in Schools Accepting Enrollment of Minors
(1) Pursuant to ORS 345.030(6), subject
individuals include:
(a) Faculty, and agents of
a career school, and individuals who hold positions of authority and control in
any career school accepting enrollment of persons under the age of 18; and
(b) Any agents of career
schools who will have contact with persons under the age of 18 on behalf of the
career school.
(2) Each application for
a new school license or renewal of an existing school license shall be accompanied
by, for each subject individual:
(a) One properly completed
FBI fingerprint card #USGPO 1990-262-201-2000;
(b) A properly completed
Department of Education criminal history information form; and
(c) A fee in an amount equal
to the actual charges of conducting the criminal background check as allowed under
ORS 181.534. The fee amount and distribution shall be as follows:
(A) Oregon State Police (OSP)
— $28.00;
(B) Federal Bureau of Investigation
(FBI) — $16.50;
(C) Oregon Department of
Education (ODE) — $14.50;
(D) TOTAL — $59.00
(3) An applicant school is
not required to submit fingerprints for subject individuals if the Higher Education
Coordinating Commission has conducted a criminal records check of the subject individual
within the three years preceding the date of application.
(4) For the purposes of criminal
background checks pursuant to ORS 345.030, conducted in relation to individuals
subject to such criminal background verification, the following definitions of a
crime applies:
(a) Any adjudication in any
criminal court of law, in this state or in any other jurisdiction, finding the individual
committed a crime. A crime is an offense for which a sentence of imprisonment is
authorized.
(b) Any adjudication in a
juvenile proceeding, in this state or in any other jurisdiction, determining the
individual committed a crime, which if done by an adult, would constitute a crime
listed in ORS 342.143.
(c) Any conduct which resulted
in either mandatory registration or reporting, or both, as a sex offender in this
state or any other jurisdiction. A later court order or other action relieving the
individual of either the sex offender registration or reporting requirement, or
both, does not affect the status of the conduct as a conviction for purposes of
this rule.
(d) Any plea of guilty, no
contest or nolo contendere in connection with a crime, in this state or in any other
jurisdiction.
(e) A conviction exists for
the purposes of this rule, regardless of whether a dismissal was later entered into
the record in connection with diversion or on any sort of deferred adjudication
or delayed entry of judgment.
(f) A conviction exists for
purposes of this rule even if a crime was expunged or removed from the record of
the individual under the laws of another jurisdiction if the crime would be ineligible
under ORS 137.225 for expunction or removal from the record if the conviction had
occurred in Oregon. A conviction does not exist where an Oregon court has expunged
or otherwise removed a conviction from the record of an individual.
(g) A conviction does not
exist, except as noted above, only where there was a judicial adjudication that
the individual did not commit the offense in question, or when a conviction, adjudication
or plea is overturned by an appellate court of record and no later conviction, adjudication
or plea indicating the individual committed the offense in question is on the record.
(5) Fingerprints may be collected
by a local or state law enforcement agency.
(6) The Higher Education
Coordinating Commission shall:
(a) Request criminal information
from the Department of State Police in the manner prescribed by law;
(b) Review the criminal records
of the subject individual upon the submission of the required FBI and state forms
and the Superintendent or designee shall issue a statement of criminal history status
and related impact on employment or contract qualification.
(c) Not provide copies of
criminal records to anyone except as provided by law. The subject individual may
inspect his or her personal criminal records under the supervision of properly certified
LEDS (Law Enforcement Data Systems) personnel at the Oregon Department of Education.
(7) Subject individuals who
refuse to consent to the criminal records check or refuse to be fingerprinted shall
be terminated from employment by the applicant school.
(8) Subject individuals who
have been convicted of any of the crimes listed in ORS 342.143, or the substantial
equivalent of any of those crimes if the conviction occurred in another jurisdiction
or in Oregon under a different statutory name or number, shall be refused employment
or continued employment, or have their employment terminated, by the career school
upon notification from the Superintendent.
(9) Subject individuals who
have been convicted of any of the crimes listed in ORS 161.405 or an attempt to
commit any of the crimes listed in 324.143 shall be refused employment, continued
employment, or have their employment terminated by the applicant school upon notification
from the Superintendent.
(10) Evaluations of crimes
shall be based on Oregon laws in effect at the time of conviction, regardless of
the jurisdiction in which the conviction occurred.
(11) Prior to making a determination
that results in a notice and opportunity for hearing, as allowed under ORS 181.534,
the Superintendent may cause an investigation to be undertaken. Subject individuals
and applicant schools shall cooperate with the investigation and may be required
to furnish oral or written statements by affidavit or under oath. If the Superintendent
determines through investigation that a violation of this rule has not occurred,
a written decision explaining the basis for the decision will be provided to the
subject individual.
(12) Subject individuals
may appeal a determination that prevents their employment or eligibility to contract
with an applicant school as a contested case under ORS 183.413 to 183.470 to the
Superintendent.
(13) Only cards and forms
approved by the Oregon Department of Education will be accepted. The Higher Education
Coordinating Commission and the department will return any incomplete or incorrectly
completed fingerprint cards and associated forms without taking any other action.
(14) The Oregon Department
of Education shall maintain a record of all properly submitted fingerprint cards.
The record shall include at least the following:
(a) Card sequence number;
(b) Name of applicant school
submitting the cards:
(c) Date cards and Department
forms were received;
(d) Date incomplete cards
returned to applicant school, if applicable;
(e) Date completed cards
sent to Oregon State Police;
(f) Date denial or probationary
approval sent to applicant schools;
(g) Date FBI card returned
to Department; and
(h) Date denial or final
approval sent to applicant school.
Stat. Auth.: ORS 345.020
Stats. Implemented: ORS 345.030
Hist.: ODE 3-2010, f. &
cert. ef. 2-8-10; ODE 31-2012(Temp), f. 11-7-12, cert. ef. 11-9-12 thru 5-7-13;
ODE 3-2013, f. & cert. ef. 1-15-13; Renumbered from 581-045-0003 by HECC 2-2014,
f. & cert. ef. 4-23-14
715-045-0006
Application for Private Career School
License
(1) Any person, partnership, association,
corporation, or Limited Liability Company desiring to function as a private career
school as defined in ORS 345.010 shall submit an application for its first approval
year on forms provided by the Higher Education Coordinating Commission. No person,
partnership, association, corporation, or Limited Liability Company shall hold itself
out to be a school, solicit students, or collect fees prior to the date of the license.
A school requesting exemption from licensure must request such exemption from the
Executive Director of the Higher Education Coordinating Commission under the provision
of 345.015.
(2) An initial site inspection
may be required prior to approval of the application. Any deficiencies must be corrected
prior to issuance of a license.
(3) A license may be denied
by the executive director, 60-days after the school has been notified of the application
deficiencies, for failure to submit accurate and complete materials required by
the application, or for other substantiated just cause.
(4) A separate license shall
be required for each location of a school except those approved by the executive
director as auxiliary sites. A license for the specific location must be issued
prior to operating at that location.
(5) An initial license shall
be granted after:
(a) Receipt of a complete
application by the commission;
(b) Completion of an interview
with and approval by the executive director; and
(c) Correction of all deficiencies
in the application, as communicated by the executive director to the applicant school
in writing or by verbal means during phone or in-person interviews. Alternatively,
if circumstances warrant, the executive director may choose to issue a conditional
license, pursuant to the provisions of ORS 345.030(8). The conditional license issued
by the commission shall include the period and dates of effectiveness of the license.
(6) Except as provided in
paragraph (b) of this subsection, each license shall be issued to the owner of an
applicant school and shall be nontransferable.
(a) In the event of a change
of ownership of a school due to sale or transfer of a majority interest in the school,
and when continuous operation is desired, the buyer or majority interest holder
must apply for and obtain approval of a new license prior to the completion of the
sale. The buyer or majority interest holder must provide notice to the commission
of the transfer of ownership at least 30 days prior to the transfer of notice.
(b) The commission may transfer
a license or allow ownership of a school to transfer with less than 30 days’
notice if:
(A) The owner of the school
dies, is incapacitated or is incarcerated; or
(B) The executive director
determines that a successful and timely completion of the sale is critical to protect
the financial viability of the school, or to mitigate disruption of the instruction
of currently enrolled students, or for other reasons deemed appropriate by the executive
director.
(c) In the event of a transfer
of ownership, the executive director may choose to issue a conditional license,
pursuant to the provisions of ORS 345.030(8). The conditional license issued by
the commission shall include the period and dates of effectiveness of the license.
(7) Prior to the completion
of the sale, unless the owner dies or is incapacitated, the current owner of the
school (seller) must submit to the commission a statement signed by both the seller
and the buyer indicating who:
(a) Will acquire the school's
assets, which are directly related to the school's educational activities;
(b) Will assume liability
on the date the school is sold for the outstanding debts incurred as a direct result
of the school's educational activities under previous ownership;
(c) Has authority to make
all refunds that on the date the school is sold may be due to eligible persons;
(d) Has agreed to honor all
student contracts that were signed or approved by the school's authorities before
the effective date of the change of ownership; and
(e) Has responsibility to
transfer all educational transcripts of former and current students to the possession
of the new school owner.
(8) Failure of the seller
to notify the commission prior to completion of the sale may result in the imposition
of civil penalties established in OAR 715-045-0190.
(9) Before an individually-owned
(commonly referred to as a sole proprietorship), Limited Liability Company, or partnership-owned
school elects to incorporate or when there are changes in existing ownership that
affect financial control of the school, the Superintendent shall be notified in
writing, and a new license shall be required. Such notice shall occur prior to the
ownership change. Control is affected when a new party or entity assumes ownership
of more than 50 percent of the school's net worth. Instances in which control is
affected and a new license is required include but are not limited to the following
examples:
(a) Owner(s) sells more than
50 percent to another party;
(b) Partner(s) owning less
than 50 percent buy out the other partner(s) interest; or
(c) The type of ownership
is changing (i.e., individual, partnership, company, or corporation).
(10) Request for confidentiality
regarding the purchase/sale of a school will be honored by the commission in accordance
with the public records law.
(11) The initial application
for licensure shall include:
(a) The name and address
of the school, the names and addresses of its owners, governing body, officials,
and faculty with attendant qualification forms;
(b) Course syllabi as required
by OAR 715-045-0009(1);
(c) School facility description
as required by OAR 715-045-0022;
(d) Application for admissions
form if used by the school;
(e) Enrollment agreement
(contract) information and procedures, including a copy of the contract or enrollment
agreement for only those courses offered by the schools that are licensed by the
commission;
(f) A copy of school policies
and procedures relating to:
(A) Admissions standards,
(B) Ability to benefit examination.
If an ability to benefit examination is used, it must be:
(i) Approved by the commission’s
executive director; and
(ii) Proctored in a manner
approved by the executive director.
(C) Enrollment and entrance
dates;
(D) Credit for previous training;
(E) Attendance;
(i) Policy on attendance;
and
(ii) A statement of how the
school will monitor and report enrollment and attendance information as required
by federal and/or state statutes.
(F) Grading policies;
(G) Make-up work;
(H) Tardiness;
(I) Satisfactory progress
standard;
(J) Methods and frequency
of reporting progress;
(K) Student conduct;
(L) Suspensions, terminations,
re-entry;
(M) Leaves of absence;
(N) Students filing a grievance
or complaint about the school or program;
(O) Safe, healthy environment;
and
(P) Discriminatory behaviors.
(g) A statement explaining
how the policies and the procedures in subsection (11)(f) of this rule are disseminated
to all students and how they are monitored by the school;
(h) Information relating
to tuition charges and all other fees or costs;
(i) Policy of the school
relating to cancellations and refunds of unused tuition, fees, and other charges.
The policy must be consistent with the schedules established by OAR 581-045-0036,
581-045-0037, and 581-045-0038;
(j) A copy of the buy/sell
agreement if the submission of the initial application is a result of the purchase
of a currently licensed private career school. The buy/sell agreement shall be kept
confidential within the limits permitted by the Oregon Public Records law;
(k) A written plan designed
to protect the contractual rights of students in the event the school closes or
undergoes a change of status as described in OAR 715-045-0067;
(l) Labor market information
showing current employment, replacement, and expansion data for regional, state,
and national labor markets for the occupational area being served;
(m) A description of placement
information provided to students;
(n) The school calendar;
(o) The signature of authorized
officials of the school including each owner, partner, or member of the board. If
the institution is incorporated, each owner of ten percent or more of stock must
sign. If the institution is incorporated and the stock is publicly traded through
a stock exchange, the president or chief executive officer of the corporation must
sign. If the applicant is a nonprofit corporation, each member of the governing
body must sign;
(p) Full disclosure by owners,
directors, and teachers of any conviction or crime referenced under OAR 715-045-0012(12),
accompanied by the required form and fingerprint card to conduct a criminal background
check as specified, and if applicable, under 715-045-0003; and
(q) If information required
by paragraphs (a) through (n) of this subsection is provided in the school catalog,
references to catalog and page number will be acceptable.
(12) The application shall
be accompanied by:
(a) The nonrefundable license
fee required by ORS 345.080 (see OAR 715-045-0007);
(b) The initial capitalization
payment for the student tuition protection plan required by ORS 345.110;
(c) A complete résumé
of education and work experience for the school owner(s), corporate officer(s),
directors, and teachers, including social security number, date of birth, home address,
and telephone numbers;
(d) A draft of the proposed
school catalog or brochure required by OAR 715-045-0019;
(e) A copy of proposed advertising
and promotional information to be used by the school;
(f) Copies of program materials
prescribed by OAR 715-045-0009(b), or relating to schools also regulated by another
state agency as described in OAR 715-045-0014;
(g) All inspection documents
required by OAR 715-045-0022(2);
(h) Copies of incorporation
certificates, if applicable;
(i) A financial statement,
which provides information required by OAR 715-045-0032. The financial statement
shall be kept confidential within the limits permitted by the public records law;
(j) An enrollment agreement
that is legally binding on both the school and the student, which shall include,
but is not limited to:
(A) A description of the
instructional program in which the student is enrolled;
(B) Beginning and ending
dates;
(C) Length of program;
(D) Registration fee;
(E) Tuition cost (excluding
the registration and other identified program fees or costs);
(F) All other program costs
listed separately;
(G) Total program cost (registration,
tuition cost, and all other identified program fees or costs);
(H) Installment payment plan,
if available;
(I) The state-specified refund
schedule or one approved by the Superintendent as being more favorable to the students;
(J) A clear and conspicuous
disclosure of the student's cancellation rights; and
(K) A statement informing
students who have questions regarding the enrollment agreement that they may contact
the Higher Education Coordinating Commission (use current address) Salem, Oregon.
(k) Schools implementing
program changes cannot require students who are currently enrolled to complete the
requirements of the revised program. Enrolled students are to be taught out under
the program identified in their most current signed enrollment agreement and identified
in the catalog in effect at the time of their enrollment. Exceptions may be allowed
when and if the school and student mutually agree to the program change(s) and a
new or amended enrollment agreement is negotiated, accepted, and signed by the student
and school. Examples of program changes as used in this rule include, but are not
limited to, increase or decrease of hours required, changes in the schedule of hours
of instruction, adding or dropping required courses, increasing program costs or
fees, changes in the payment plan.
(l) The school must maintain
documentation signed by each student to substantiate that the student has received
and read all information contained in paragraph (j) of this subsection. The school
must also indicate any special rules or publications that the student signature
acknowledges. Additional information not listed in the enrollment agreement may
be published in the current school catalog or catalog addendum.
(13) Out-of-state schools:
(a) Any private career school
whose principal place of business is outside of Oregon shall obtain an Oregon private
career school license whenever it maintains a physical presence in Oregon or when
the Oregon occupational licensure board requires the school to be licensed;
(b) The executive director
may consider the following factors to determine whether a school has established
a physical presence in Oregon:
(A) Maintains an office in
the state;
(B) Conducts any part of
the instructional program from or in the state,
(C) Employs sales representatives,
who reside or solicit students within the state;
(D) Canvasses for prospective
students within the state;
(E) Operates career or information
booths at fairs or other such public gatherings within the state;
(F) Presents school information
at high school career days within the state; or
(G) Advertises in local media
that originate in Oregon.
(c) Out-of-state schools
shall submit upon initial application and annually thereafter:
(A) Out-of-state application
form;
(B) Copy of the most recent
licensure application for the state in which the school is located;
(C) Copy of current resident
state license certificate;
(D) If accredited, copy of
the report for the most recent school accreditation review;
(E) List of approved programs;
and
(F) Copy of the school's
most recent catalog to include the items listed below. If any of the following items
do not appear in the body of the catalog but appear in other specific documents
they must also be submitted.
(i) Name and address of the
school;
(ii) Date of publication
or other reference identifier such as years(s), volume, or edition or version numbers;
(iii) The educational or
vocational objective of each course or program including the name and the level
of occupations for which the course or programs purport to train;
(iv) The number of clock
or credit hours of instruction in each course and the length of time in weeks or
months normally required for completion;
(v) A complete listing and
description of courses or programs offered specifying subjects included in each
course or program that clearly identifies coverage of the training;
(vi) A description of the
school's physical facilities, equipment available for student use, and the maximum
or usual class size;
(vii) Policies relating to
tardiness, absences, make-up work, conduct, termination, reentry, and other rules
and regulations of the school, including the student appeals process;
(viii) The grading system,
including definition of ratings and credit units, if any;
(ix) Refund policy;
(x) The requirements for
graduation;
(xi) Statement describing
certificates, diplomas, or degrees awarded upon graduation;
(xii) Information regarding
any limitations on transfer of credits, and
(G) Teachers' education and
experience requirements for employment at the school, including teacher registration
forms and supporting documentation for any teachers providing training for any portion
of the licensed programs within the State of Oregon. Information about individual
teachers does not need to be submitted if:
(i) The teachers are licensed
or approved in the state in which the school is located; and
(ii) Those teachers will
not be providing training for any portion of the licensed programs of instruction
within the State of Oregon.
(H) If the applicant school
accepts enrollment of minors, and proposes to employ agents who will interact with
persons under the age of 18 within the State of Oregon, employ persons in positions
of authority or control who will carry out their function within the State of Oregon,
or employ faculty or teachers who will provide training within the State or Oregon
for any portion of the licensed programs of instruction, those agents and teachers
will be subject to the provisions of OAR 715-045-0003, regardless of the individuals’
states of residence.
Stat. Auth.: ORS 345.030
Stats. Implemented: ORS 345.030
Hist.: 1EB 257, f. 1-3-77,
ef. 7-1-77; 1EB 23-1978, f. 6-30-78, ef. 7-1-78; 1EB 30-1986, f. & ef. 7-23-86;
EB 11-1990, f. & cert. ef. 2-1-90; EB 32-1991, f. & cert. ef. 12-18-91;
EB 13-1996, f. & cert. ef. 7-26-96; ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01;
ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07;
ODE 3-2010, f. & cert. ef. 2-8-10; Renumbered from 581-045-0006 by HECC 2-2014,
f. & cert. ef. 4-23-14
715-045-0007
License Fees
(1)(a) Before issuing a career school
license under ORS 345.010 to 345.450, the Executive Director shall collect a nonrefundable,
annual license fee based on the fee schedule below in OAR 715-045-0007(1)(c) for
In-State Schools and for Out-of-State Schools.
(b) For purposes of ORS 345.080,
“tuition income” means “gross tuition income,” as that term
is defined at OAR 715-045-0001 and 715-045-0007.
(c) In-State Schools: Tuition
Income Range — Fee:
(A) $0–15,000 —
$600;
(B) 15,001–50,000 —
800;
(C) 50,001–125,000
— 1,000;
(D) 125,001–250,000
— 1,425;
(E) 250,001–500,000
— 1,850;
(F) 500,001–750,000
— 2,275;
(G) 750,001–1,000,000
— 2,700;
(H) Over 1,000,000 —
3,125.
(d) Out-of-state Schools:
Tuition Income Range — Fee:
(A) $0–50,000 —
$1,850;
(B) 50,001–250,000
— 2,275;
(C) 250,001–500,000
— 2,700;
(D) 500,001–750,000
— 3,125;
(E) 750,001–1,000,000
— 3,550;
(F) Over 1,000,000 —
3,975.
(2) Applications for a new
license must be accompanied by a nonrefundable application fee, based on the fourth
step of the fee schedule above in OAR 715-045-0007(1)(c).
(3) The Commission shall
collect a nonrefundable fee of $12 to conduct a search of a closed career school’s
transcripts and, if any are found, provide four copies of a former student’s
transcript. If more than four copies are requested, the requestor shall pay a nonrefundable
fee of $2 for each additional copy.
(4) Teacher registration
applications shall be accompanied by a nonrefundable application fee of $75.
(5) Requests to verify a
teacher’s registration, training, or experience shall be accompanied by a
nonrefundable verification fee of $25.
(6) Applications for teacher
trainee registrations must be accompanied by a nonrefundable registration fee of
$7.
(7) Requests to determine
whether an out-of-state applicant for a cosmetology license is qualified to take
a test of the Board of Cosmetology shall be accompanied by a nonrefundable review
fee of $25.
(8) The Commission shall
collect a nonrefundable fee of $100 for processing:
(a) Career school license
renewal applications submitted after the applicable due date established in OAR
715-045-0062. This fee shall be in addition to any civil penalties that may be assessed
for renewal applications that are not submitted in compliance with the requirements
of OAR 715-045-0062 and any other applicable rules.
(b) Payments to the Tuition
Protection Fund established under ORS 345.110 after the due dates established in
OAR 715-045-0029. This fee shall be in addition to any civil penalties that may
be assessed for payments to the Fund that are not submitted in compliance with the
requirements of OAR 715-045-0029 and any other applicable rules.
(9) The Commission shall
collect the annual, nonrefundable cosmetology school inspection fee of $100 established
in ORS 345.450 from schools teaching hair design, barbering, esthetics, or nail
technology. This inspection fee shall be transferred to the Health Licensing Office.
(10)(a) The Commission shall
assess a nonrefundable fee of $200 for investigations of career schools when the
commission determines that a career school has violated any provision of ORS 345.010
to 345.450, or any rule adopted pursuant to ORS 345.010 to 345.450.
(b) If the Commission must
engage an individual or business, such as a forensic accountant or an attorney,
for assistance in conducting an investigation, then the commission shall assess
a nonrefundable fee in an amount equal to the investigative costs incurred by the
commission; however, the amount of the fee may not exceed $5,000.
(11) Applications for a new
program must be accompanied by a nonrefundable application fee of $1,000 for each
new program submitted for review and approval which was not offered at the time
of the career school’s initial application to the Commission.
Stat. Auth.: ORS 345.080

Stats. Implemented: ORS 345.080

Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; Renumbered from 581-045-0002, ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; Renumbered from 581-045-0007 by HECC 2-2014, f. & cert. ef. 4-23-14;
HECC 9-2014, f. & cert. ef. 12-18-14; HECC 7-2015(Temp), f. & cert. ef.
6-25-15 thru 12-21-15; HECC 12-2015, f. & cert. ef. 9-21-15; HECC 13-2015(Temp),
f. & cert. ef. 9-23-15 thru 3-20-16
715-045-0008
Advanced Deposits
Prior to the beginning of classes, no
private career school shall require from an enrollee an advance deposit in excess
of twenty (20) percent of the total tuition and fees:
(1) Schools that offer short
term programs designed to be completed in one (1) term or four (4) months, whichever
is less, can require payment of all tuition and fees on the first day instruction
begins;
(2) For those programs designed
to be four (4) months or longer, a school cannot require more than one (1) term
or four (4) months of advanced payment of tuition at a time. When fifty (50) percent
of the program has been offered, the school can require payment of all tuition;
(3) This limitation shall
not apply to federal and state financial aid payments received by the school;
(4) At the student's option,
a school may accept payment in full for tuition and fees after the student has been
accepted and enrolled and the date for commencement of classes is specifically disclosed
on the enrollment agreement; and
(5) The Executive Director
of the Higher Education Coordinating Commission may grant a waiver to this limitation
if sufficient evidence is submitted indicating that a larger advance deposit would
be more appropriate and not compromise the intent of ORS 345.115(4).
Stat. Auth.: ORS 345.010
Stats. Implemented: ORS 345.115
Hist.: ODE 21-2002, f. 9-26-02
cert. ef. 10-1-02; Renumbered from 581-045-0008 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0009
Instructional Programs
(1) All schools shall:
(a) Offer programs of quality,
content and duration, that are based on specific industry standards or an occupational
task analysis, and with appropriate entrance criteria, instructional materials,
staff, equipment and facilities to prepare students for the programs' occupational
objectives; and
(b) Operate programs evaluated
by appropriate program advisory committees as defined in OAR 715-045-0013, unless
a program is exempt from the advisory committee requirement under 715-045-0014.
Materials for exempt programs will be reviewed by the executive director to determine
the adequacy and appropriateness of the instructional methodology. The school shall
prepare instructional design documentation for review, evaluation and analysis that
includes:
(A) A program outcome summary
for each program offered that clearly states the program title, duration, educational
or professional technical objective(s) of the program, and the job(s) title and
level for which the training prepares the student. In addition the program outcome
summary must include the following information:
(i) A description of the
target population for enrollment;
(ii) The entrance requirements
and prerequisite knowledge or skills needed to enroll;
(iii) Any state license exams
or other certifications the student will be prepared to take upon successful completion
of the program;
(B) A list of the industry
standards or the occupational task analysis used to formulate the instructional
design;
(C) The associated competencies
taught in the program for each standard or occupational task;
(D) A list of core abilities
incorporated throughout the program;
(E) Learning plans, which
shall include:
(i) Core abilities and competencies
taught in the lesson;
(ii) Learning objectives
for each competency;
(iii) Learning activities
that achieve the learning objectives;
(iv) Sequence of learning
activities;
(v) Performance assessment
statement(s);
(F) The performance assessment(s)
plan(s) for each competency, which shall include directions for the student and
the evaluator, the performance conditions and criteria, and checklists, rubrics,
or scoring guides used;
(G) A program map. For programs
comprised of multiple courses, the program map shall indicate the number of clock
hours allowed for each course and the topics within each course. For programs not
comprised of specific courses, the program map shall indicate each unit or major
topic within the program, the number of clock hours for each unit or major topic
and the specific subjects within each unit or major topic.
(i) If the school is approved
to use a credit hour measurement, an explanation of how credit hours convert to
clock hours must also be submitted;
(ii) If the instructional
program is self-directed or measured in lessons, the total number of clock hours
for the program and how that number is derived, the total number of lessons, and
the maximum time allowed for completion of the program must be submitted.
(H) A teaching syllabus for
each course in each program. If a program does not contain specific courses or
the program is of short duration, then the teaching syllabus shall be for the program
in its entirety. The content of the syllabus shall contain the elements in the
sample provided by the commission;
(I) The grading system, standards
of satisfactory progress, attendance and performance required of students in the
program, as referenced in OAR 715-045-0019;
(c) Submit additional documentation
that includes:
(A) A description of the
instructional area or facility with space allocations and dimensions, equipment
placement, and teaching stations for each program appropriately indicated;
(B) A description of the
admission requirements and process for evaluating those requirements, including
the criteria or tests used in the selection and placement of enrollees for the program;
(C) Labor market information,
updated every two years with data no more than three years old, as described in
OAR 715-045-0006(11); and
(D) A written placement assistance
plan for assisting graduates in efforts to obtain employment in the field for which
training was offered, or a related field, as described in OAR 715-045-0019.
(2) The program advisory
committee shall submit to the school its analysis of the quality, content, duration
and curriculum sequencing of the program of study, instructional materials, equipment
and facilities provided to prepare the student in skills currently necessary for
entry level employment in the occupation for which the program was designed:
(a) Program material prepared
for the program advisory committee, as prescribed in subsection (1) (b) and (c)
of this rule, will be filed with the executive director;
(b) The executive director
may review:
(A) The school's program
development procedures;
(B) The program advisory
committee's involvement in program development; and
(C) The program advisory
committee’s analysis of a program as specified in subsection (2).
(c) The executive director
may accept or reject the findings of the program advisory committee’s analysis
of the adequacy of the program.
(3) The executive director
will review the program outcome summary, program map, core abilities, standards,
competencies and syllabus for each program to determine the adequacy of the instructional
design. The executive director’s written approval of these elements is required
prior to the commencement of any marketing, recruitment, enrollment or instructional
activities.
(4) The executive director
may request and review other instructional design materials outlined in subsections
(1) and (2) of this rule, before granting approval, including learning plans, performance
assessment plans, and learning activities.
(5) Licensed schools wishing
to add a new program must:
(a) Prepare the instructional
design elements described in subsections (1) and (2) of this rule for each new program
requested and make them available to the commission upon request; and
(b) Prepare and submit for
approval the elements described in subsection (3) of this rule for each new program
requested.
(6) The commission will develop
instructional design guidelines and timeframes to assist schools licensed prior
to the implementation of this rule in bringing all approved programs into compliance.
Stat. Auth.: ORS 345.080
Stats. Implemented: ORS 345.080
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 19-2010, f. 12-17-10, cert. ef. 1-1-11; Renumbered from 581-045-0009
by HECC 2-2014, f. & cert. ef. 4-23-14; HECC 10-2014, f. & cert. ef. 12-18-14
715-045-0012
Personnel
(1) A career school shall establish,
publish, and enforce specific written policies that set standards for the staff's:
(a) Professional performance
and conduct;
(b) Evaluation; and
(c) Continuing education.
(2) Career schools shall
employ as teachers only those individuals who are registered with the Commission
and who meet the applicable requirements of this rule. All applications for teacher
registration shall:
(a) Be recorded on forms
provided by the Commission;
(b) Indicate the specific
subjects the prospective teacher will teach;
(c) Be signed by the prospective
teacher and a director at the school; and
(d) Be accompanied by relevant
official transcripts, letters, and documents that confirm that the teacher meets
the minimum requirements listed in subsections (3) and (4) of this rule.
(3) Individuals applying
for registration as career school teachers must:
(a) Be at least 18 years
of age.
(b) Hold all licenses, permits,
certificates, or other credentials, as well as successfully pass any examinations,
required for employment in the field in which the applicant proposes to prepare
students to enter by the state in which the school is located. In limited circumstances,
the Executive Director may grant a waiver from this requirement upon receipt of
a written request from the school showing that a credential issued by another state
would be accepted as an equivalent by the state in which the school is located.
(b) Have graduated from high
school as evidenced by a photocopy of the applicant’s high school diploma,
a high school transcript indicating graduation, or a foreign equivalent. As an alternative,
the applicant may show evidence of a General Education Development (GED) certificate.
The Executive Director may grant a waiver to this requirement if the applicant provides
a postsecondary degree or diploma, or a transcript indicating graduation, from a
postsecondary program which would typically require completion of high school, or
an equivalent course of study, as a condition of admission.
(c) Have a minimum of one
year of work experience and one year of combined training and work experience, for
a total of two years of work experience and training within the past five years.
If a credential or qualifying examination is required for employment in the field
by the state in which the school is located, the applicant must have at least one
year of experience as a credentialed worker in that field. The amount of work experience
must equal either 1,875 hours in a single year or 3,750 hours in the past four years.
(d) Pay the applicable registration
fee specified in OAR 715-045-0007.
(e) Notwithstanding the work
experience and training requirement specified in paragraph (c) of this subsection,
an applicant applying for registration to teach hair design, barbering, esthetics,
nail technology, or some other cosmetology field or area of practice at a career
school offering cosmetology programs may qualify to teach by completing a commission-approved:
(A) 1,000 hour cosmetology
teacher training program offered by a licensed career school, if the applicant possess
a valid credential from the Health Licensing Office; or
(B) 200 hour cosmetology
teacher training program, if the applicant taught hair design, barbering, esthetics,
nail technology, or some other cosmetology field or area of practice in another
state whose licensing requirements are less than those established by the State
of Oregon, or if the applicant’s commission-issued teacher registration expired
three or more years ago.
(4) Career schools offering
programs in hair design, barbering, esthetics, nail technology, or some other cosmetology
field or area of practice may use individuals who are not registered teachers for
the purpose of providing specialty training on behalf of a product manufacturer
or supplier. Such specialty trainers, also known as resource persons, may not provide
more than a total of:
(a) 340 hours of instruction
in a hair design program;
(b) 270 hours of instruction
in a barbering program;
(c) 100 hours of instruction
in an esthetics program; or
(d) 100 hours of instruction
in a nail technology program.
(5)(a) In emergency situations,
not to exceed three months, schools may hire substitute teachers who are the best-qualified
persons available. Under no circumstances shall students be allowed to substitute
as approved teachers.
(b) Within 14 days of hiring
a substitute teacher, a career school must provide written notice to the commission.
The notice must include, at a minimum, the substitute teacher’s name, telephone
number, mailing address, and e-mail address, as well as a list of the programs and
courses the substitute teacher will teach and, if applicable, copies of the substitute
teacher’s credentials. (6) If a school utilizes any form of teacher assistants,
aides, or trainees, it shall establish and maintain policies that set forth qualifications,
duties, procedures for use of these personnel, and maintain a copy of these policies
for review by the commission. Teacher assistants, aides, or trainees:
(A) May not be used as substitutes
or replacements for regular teachers;
(B) Must work under the direct
supervision of a registered teacher; and
(C) May evaluate students
only under direct supervision of a registered teacher.
(7)(a) The school shall have
and implement written policies to promote improvement of teacher competency in their
fields and in levels of performance in their teaching assignments. A recommended
minimum for continuing education is 30 hours during each three-year period.
(b) If a credential or qualifying
examination is required for employment in a field by the state in which the school
is located, then a registered teacher preparing students to enter that field must
comply with any applicable continuing education requirements.
(c) Notwithstanding paragraph
(b) of this subsection, registered teachers who teach hair design, barbering, esthetics,
nail technology, or some other cosmetology field or area of practice at a career
school offering cosmetology programs must complete a minimum of 30 hours of commission-approved
continuing education three years after the date their registration was issued or
reissued.
(8) Teacher registrations
shall expire three years after the date the registration was issued. To renew a
teacher registration, a registered teacher must submit a completed teacher registration
form to the commission accompanied by:
(a) The applicable registration
fee specified in OAR 715-045-0007;
(b) Evidence that the teacher
has satisfied any applicable continuing education requirements;
(c) If applicable, evidence
that the teacher possesses a valid credential required by the state in which the
school is located for employment in the field the teacher is preparing students
to enter; and
(d) A listing of the career
schools where the registered teacher has taught during the previous three years,
as well as the programs and courses taught by the teacher.
(9) School directors must
have at least two years of experience in school or business administration, teaching,
or other experience directly related to their duties within the school's organization.
The experience must have been obtained within the last five years. Part-time experience
will be allowed if the total hours equal the equivalent of two years of full-time
experience. Full-time work experience is a minimum of 1,875 hours per year (37.5
hours per week times 50 weeks). Qualified persons who do not meet the criteria in
section (12) of this rule may be appointed as directors with prior approval by the
Superintendent and with a letter as required in subsection (12)(c) of this rule.
(10) Owners and directors,
administrators, agents, supervisors, and instructors (hereinafter collectively "employees")
subject to registration, licensure, or approval pursuant to ORS 345.010 to 345.450
are subject to suspension, revocation, or other discipline if the employee:
(a) Is charged with knowingly
making any false statements in the application for a license, registration, or approval;
(b) Is charged with gross
neglect of duty; or
(c) Is charged with gross
unfitness.
(11) Gross neglect of duty
is any serious and material inattention to or breach of professional responsibilities.
The following acts constitute gross neglect of duty:
(a) Knowing falsification
of any document or knowing misrepresentation directly related to licensure, employment,
or professional duties;
(b) Substantial deviation
from professional standards of competency;
(c) Violation of any ethical
standard contained in OAR 715-045-0012(13);
(d) Engaging in acts in violation
of laws or rules applicable to the profession;
(e) Failure or refusal to
respond to questions, to provide information, or to furnish documents to a Department
of Education representative pursuant to review, assessment, or investigation; or
(f) Any other statement or
act or omission not consistent with personal integrity, ethics, or honesty.
(12) Gross unfitness is any
conduct that renders an owner or employee unqualified to perform duties. The following
acts constitute gross unfitness:
(a) Convictions of a crime
or offense specified in subsection (13) of this rule or engaging in such wrongful
acts even in the absence of a conviction;
(b) Commission of fraud,
misrepresentation, or deceit;
(c) Commission of unfair,
deceptive, or unlawful trade practices as defined in the Oregon Unlawful Trade Practices
Act.
(13) No licensed school shall
be owned by or employ an individual who is not of good moral character and reputation.
(a) Upon review by the Department,
the Superintendent may find a person not to be of good moral character and reputation
when the person:
(A) Has been convicted of
a felony or a misdemeanor that involves the illegal use, sale or possession of a
controlled substance, or that involves any sexual offense, or any violent offense;
(B) Has been convicted of
an offense involving fraud or misrepresentation, or has committed fraud, misrepresentation,
or deceit or has committed unfair, deceptive, or unlawful trade practices regulated
by the Oregon Unlawful Trade Practices Act (ORS 646.605–646.652), or
(C) Is currently subject
to suspension or revocation of a commission-issued license or registration.
(b) The Executive Director
shall not make a finding that a person is not of good moral character and reputation
solely for the reason that the person has been convicted of a crime, but shall consider
the relationship of the facts that support the conviction and all intervening circumstances
as they relate to the specific occupational standards and requirements; and
(c) If the prospective employee
has been convicted of a crime listed in subsection (13) of this rule, the Executive
Director shall request a letter of recommendation from the employing school and
the individual's most recent employer, parole officer, or other appropriate professional
source. The Superintendent shall fully consider such recommendation along with all
other supporting materials submitted by the prospective employee. The Superintendent,
after reviewing submitted materials, may approve an employee registration on a probationary
basis for a period not to exceed one year. Upon completion of the probationary period,
if no further violation of subsection (13) has occurred, the probationary status
will be removed.
(14) The school shall set
minimum expectations and provide training for all instructional personnel and supervisors
of instructional personnel in:
(a) Curriculum and Instruction
— including the educator's competent application of:
(A) The school approved curriculum;
and
(B) Effective teaching strategies;
and
(b) Supervision and Evaluation
of Students — including the educator's responsibility to:
(A) Record progress of individual
students;
(B) Evaluate student performance;
and
(C) Use effective classroom
management;
(c) Ethics — including
the educator's responsibility to:
(A) Know, respect, and obey
all policies of the school;
(B) Exemplify personal integrity,
ethics, and honesty;
(C) Keep student information
confidential; and
(D) Avoid exploiting students
for personal profit or advantage.
Stat. Auth.: ORS 345.080, 345.325, &
345.400
Stats. Implemented: ORS 345.325
& 345.400
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; ODE 17-2003, f. 12-30-03,
cert. ef. 1-1-04; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07; Renumbered from 581-045-0012
by HECC 2-2014, f. & cert. ef. 4-23-14; HECC 6-2014, f. & cert. ef. 12-18-14
715-045-0013
Program Advisory Committees
(1) The school shall appoint and utilize
a program advisory committee for each program being offered. If the school programs
are in the same or similar vocational areas, the same advisory committee can be
used for all related programs.
(2) Each committee shall
be composed of not less than three members, knowledgeable in the occupational area
being offered by the school and who are not employees of and have no financial interest
in the school and who are not related to the owner(s) or administrator(s). When
a program or curriculum is regulated, approved or certified by a state agency or
Oregon State licensing board other than the Higher Education Coordinating Commission
as identified in OAR 715-045-0014, that program or curriculum is exempt from the
advisory committee requirement.
(a) A list of the program
advisory committee members and a resume of each shall be furnished to the Superintendent.
The list and resumes shall include each member's name, address, telephone number,
present occupation and training experience; and
(b) The membership of the
program advisory committee shall include:
(A) At least three members
employed in the occupation served by the program, one of whom shall be employed
or working in a supervisory capacity, and
(B) Each of the three members
shall have at least two years’ experience in the occupation or industry. Other
members having less experience may be added to the committee as desired.
(3) All program advisory
committees must officially meet at least one time per year to review school policies,
facilities, instructional materials, equipment, curriculum standards and technical
updating:
(a) The program advisory
committee shall meet to evaluate all new proposed program offerings and whenever
the school proposes major revisions in existing programs. At least one such meeting
per year shall be at the school. The following criteria will be used to determine
what constitutes a major program revision:
(A) A change of 25% or more
of the previously approved contract hours, credits, curriculum content (courses
offered), or program length, or
(B) A change in academic
measurement from clock-hours to credit-hours or vice versa, or a change from quarter
or trimesters to semester credits or vice versa, or
(C) Any additions or deletions
of courses offered that might change the overall objective of a currently approved
program;
(b) Minutes of all program
advisory committee meetings shall be on file in the school office. A copy of the
committee findings or recommendations, if any, shall be included with the annual
license renewal application; and
(c) If the school's report
of enrollments, completions, retentions and placements, as prescribed in OAR 715-045-0062(3),
does not provide information that the school is meeting the provisions of ORS 345.325,
the commission’s executive director may call for the school to convene the
program advisory committee(s) for program evaluation(s) as prescribed in paragraph
(a) of this subsection.
Stat. Auth.: ORS 345.080
Stats. Implemented: ORS 345.080
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; Renumbered from 581-045-0013 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0014
Exceptions for Schools with Programs
also Regulated by Another State Agency
(1) Private career school programs with
curriculum or other requirements that are established and approved by another state
agency are exempt from having a program advisory committee as defined in OAR 715-045-0013.
(2) While the programs described
in section (1) of this rule must meet the Higher Education Coordinating Commission's
approval criteria for teacher registration, the commission’s executive director
may defer approval of the school's teachers to the appropriate state agency.
(3) The executive director
may modify the financial reporting requirements as described in OAR 715-045-0032
or Student Completion and Placement reporting requirements as described in 715-045-0064
for any school or programs described in subsection (1) of this rule.
Stat. Auth.: ORS 345.325
Stats. Implemented: ORS 345.325
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07; ODE 16-2010, f. 11-15-10,
cert. ef. 1-1-11; Renumbered from 581-045-0014 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0018
Recordkeeping
(1) Schools must furnish each prospective
student, and have evidence of receipt acknowledged by student signature at the time
of enrollment, with the following items:
(a) A copy of the school's
most recent catalog that complies with OAR 581-045-0019, with any supplements and
correction sheets;
(b) Completion and relevant
program performance measures, including but not limited to placement data, as required
by accrediting agencies, or certification or state licensing examination passage
rates, or placement data for students enrolled in the program for the last two years;
(c) A program outline for
the program(s) in which the student may potentially enroll that details the program
outcomes, broken down by course including, the core abilities and individual course
competencies addressed by the program(s); and
(d) Upon request of the student,
a copy of or the web address for the Oregon Revised Statutes and Oregon Administrative
Rules that govern Private Career Schools.
(2)(a) At the time of enrollment,
a career school shall collect the following personally identifiable information
from each enrolled student:
(A) First and last name;
(B) Mailing address;
(C) County of residence;
(D) State of residence;
(E) Telephone number;
(F) E-mail address;
(G) Social Security number;
(H) Date of birth;
(I) Gender;
(J) Veterans status;
(K) Disability status;
(L) National origin; and
(M) Ethnicity or race.
(b) Schools shall use the
following categories to collect students’ ethnicity or race data:
(A) Hispanic or Latino;
(B) Native American or Alaskan
Native;
(C) Asian;
(D) Native Hawaiian or Pacific
Islander;
(E) African American; and
(F) Caucasian.
(c) If a student refuses
to release his or her Social Security number, the school may assign an alternative
identification number.
(d) Students must provide
their own personally identifiable information. Career school personnel may not enter
personally identifiable information regarding a student that was derived from personal
observations.
(e) Career schools must record
for the name of the program in which each student has enrolled and the date on which
each student graduated, withdrew, or was expelled from the school. This information
must be reported to the commission at least once each year.
(3)(a) Each career school
must adopt policies and procedures, and employ adequate safeguards, to protect their
students’ personally identifiable information from misuse, inadvertent disclosure,
or theft.
(b) Career schools may not
disclose students’ personally identifiable information to anyone other than:
(A) The student, or the student’s
parent or guardian, if the student is a minor;
(B) The Higher Education
Coordinating Commission; or
(C) Other local, state, or
federal officials as allowed by law.
(c) Schools shall maintain
students’ personally identifiable information in accordance with applicable
laws, including but not limited to the Oregon Consumer Identity Theft Prevention
Act, ORS 646A.600 to 646A.628, and any rules adopted pursuant to ORS 646A.600 to
646A.628.
(4) Career schools shall
maintain the student information specified in subsection (2) of this section in
an Excel spreadsheet, or other electronic format identified by the commission. This
information must be delivered to the Commission at least once a year, and may be
included with the school’s license renewal application, and may be delivered
on a USB drive, CD or DVD, or via other means identified by the commission.
(5)(a) Upon enrollment, the
student shall receive a copy of his or her enrollment agreement, signed by the student
and a school official. The enrollment agreement must include a statement, located
above the signature line, informing the student that the enrollment agreement is
a binding contract. Thethe actual enrollment agreement will be retained by the school;
(b) The school shall maintain
the student’s signed enrollment agreement as part of the student’s file.
(6) Schools shall maintain
a file for each student that must include:
(a) A statement signed by
the student at the time of enrollment certifying receipt of all materials indicated
in sections (1) and (5) of this rule (or copies of materials where indicated);
(b) The student's actual
signed enrollment agreement;
(c) A copy of the student’s
signed statement acknowledging receipt of any books, supplies, kits, or other substantial
materials required to participate in the instructional program that are issued to
the student subsequent to enrollment. The statement must be itemized, indicate the
fee paid by the student for the materials (if any), and identify the date the materials
were received by the student. If not all materials are issued at the same time,
the student must initial the date of receipt each time materials are issued; alternatively,
the materials list may contain a statement to the effect that certain indicated
materials will be issued at the time of instruction when they are to be used. By
initialing the statement, students acknowledge that indicated materials are to be
received at a date that corresponds with the sequencing of the instructional program.
(d) If an orientation is
offered by the school on or before the first day of classes, an indication of attendance
signed by the student on that orientation day acknowledging that school policies
and procedures were explained and student questions were answered.
(e) A copy of the student’s
signed payment plan if separate from the enrollment agreement;
(f) A schedule of anticipated
student payments due, payments made, and copies of receipts for all payments;
(g) All documentation regarding
third party training contracts, e.g., NAFTA, Vocational Rehabilitation, etc.,
(h) Written progress reports
that shall include at a minimum information on how the student is progressing in
areas such as classroom attendance and performance (but not used as final grades)
updated at appropriate intervals;
(i) Progress reports may
be maintained by electronic means provided there is an electronic system in place
with sufficient security protocols to allow for student access while maintaining
confidentiality. A log of student access activity must be placed in the student
file at intervals corresponding with the stated progress report intervals to demonstrate
that the student is reviewing the progress report and receiving appropriate feedback
and improvement planning;
(j) Copies of any documentation
required for admission, or a written evaluation of required documentation, when
appropriate, signed by a member of the school admissions staff explaining scoring
of documentation and evaluation criteria;
(k) A copy of the results
of any enrollment evaluation or examination or evaluation of transfer credit or
competencies, and any calculations used to determine awarding of credit or hours;
and
(l) Record of operations
completed, if applicable, with dates and scores received;
(7) The school must maintain
each student’s file for a minimum of 3 years from the date the student graduated,
withdrew, or was expelled.
(8) Schools shall maintain
a record of each student’s attendance, updated weekly. This record shall include
each student’s dates and hours of attendance.
(9) Upon the student's satisfactory
completion of instruction, schools shall:
(a) Issue an appropriate
certificate or diploma; and
(b) Issue appropriate educational
transcripts that shall include, but are not limited to:
(A) School name and location;
(B) Student's name;
(C) First and last date of
attendance;
(D) Specific program(s) taken;
(E) Clock and credit hours
(if applicable);
(F) Grade for each course;
(G) Name of accrediting agency,
if the school is accredited;
(H) Statement indicating
the school maintains transcripts for a minimum of 25 years; and
(I) Signature of the appropriate
school official with school seal (if any) and date of issue.
(10) Schools shall maintain
and issue transcripts as follows:
(a) Store transcripts in
a safe, vault, or file having a minimum one-hour fire-safe rating unless duplicate
records are kept in a safe location outside the school building. The address of
locations outside the school building must be on file with the Department;
(b) Keep transcripts of all
former students that include the information described in subsection (5)(b)(A)-(H)
of this rule for a period of no less than 25 years from date of termination of enrollment.
Transcripts must be stored under the same conditions as described in paragraph (a)
of this subsection;
(c) Make a student's records
available to the student upon request. Availability of records shall comply with
the "Family Educational Rights and Privacy Act" (Public Law 93-380 as amended by
Public Law 93-568). The educational institution shall respond within a reasonable
period of time, but not more than 45 days after receipt of the request;
(d) Deliver to the Superintendent
all permanent student transcripts for safekeeping if the school should cease to
operate. The Superintendent will maintain the transcripts of all closed schools.
If available, certified copies of the transcripts will be provided, when a written
request signed by the student, is received at the Department. A non-refundable search
fee of $10 must accompany the request; and
(e) A school may withhold
an official transcript, certificate of completion, or diploma if the student has
any outstanding debt owed to the school. Forms, letters, questionnaires, or other
material printed or written for the purpose of debt collection must clearly and
conspicuously state that they are used for the purpose of attempting to collect
a debt or attempting to obtain information concerning a debtor.
Stat. Auth.: ORS 345.325
Stats. Implemented: ORS 345.325
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; ODE 17-2003, f. 12-30-03,
cert. ef. 1-1-04; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07; ODE 16-2010, f. 11-15-10,
cert. ef. 1-1-11; Renumbered from 581-045-0018 by HECC 2-2014, f. & cert. ef.
4-23-14; HECC 8-2014, f. & cert. ef. 12-18-14
715-045-0019
School Catalogs
A school catalog shall have numbered
pages and include the following elements. If any of the following elements do not
appear in the body of the catalog, a reference to other specific documents where
the required information appears must be in the catalog. Copies of ancillary documents
referred to in the catalog must be approved by and on file with the Department:
(1) Name, address, phone
number, and other relevant contact information (e.g., fax number, website address)
of the school;
(2) Effective dates for the
catalog, not to exceed one year, and other reference identifiers such as volume
or edition, or version numbers, etc.;
(3) A Table of Contents;
(4) Name(s) of school owner(s);
(5) Names and positions of
administrative and instructional staff;
(6) Names and contact information
for all licensing and accrediting institutions that have governing authority over
the school;
(7) School’s mission
statement;
(8) The educational or vocational
objective of each program including the name and level of occupations for which
the program purports to train;
(9) The number of clock hours
and credit hours (if applicable) of instruction in each program and the length of
time in weeks or months expected for completion; if a program is lesson based, the
number of lessons comprising the program must also be included;
(10) Maximum time allowed
for completion of each program;
(11) A complete listing and
description of courses offered by program, describing subjects included in each
course in sufficient detail to clearly identify the scope, sequence, and coverage
of the training. If a course is for the purpose of continuing education or self-improvement,
the course must be clearly identified as such;
(12) A description of the
school's physical facilities, equipment, and instructional resources available for
student use, including a description of any library or media resources available
to the student, and the policies governing use of these resources;
(13) Admission process including:
(a) Admission requirements;
(b) Documentation requirements;
(c) Criteria for acceptance
on each requirement;
(d) Schedule of all admission
fees and the purpose of each listed fee;
(e) Ability to benefit (ATB)
policy:
(A) If a school uses an ATB
test, the school must provide;
(i) The name of ATB test
used;
(ii) The name and location
of proctor;
(iii) The method of test
administration; and
(iv) The minimum acceptable
score; or
(B) If the school does not
use an ATB test, the alternative methods of determining ability to benefit and accompanying
procedures and criteria used by the school;
(f) Identity verification
policy (if applicable);
(g) Drug testing policy (if
applicable);
(h) Policy for notification
of acceptance or denial of admissions request including time lines;
(i) Reapplication policy
for denied applicants;
(j) A statement of non-discrimination
for admission on the basis of sex, age, race, color, religion, ethnic origin, or
sexual orientation.
(14) Transfer policy, including:
(a) Documentation requirements
for previous training or experience;
(b) Method for evaluating
documentation of previous training or experience;
(c) Description of any skills
evaluation processes or exams given by the school to determine credit to award for
previous training or experience;
(d) Time line for evaluation
process and notification of results;
(e) Description of how program
requirements, cost and length will be adjusted;
(15) Enrollment process,
including;
(a) A school calendar indicating
enrollment / registration dates, start and end dates for each program, holidays,
other days school is not in session, and any other important dates that are reasonably
likely to affect the decision of a potential student to enroll;
(b) Schedule of enrollment
fees showing cost of tuition, registration fee, other instructional fees for books,
supplies, laboratory time, etc., and any other costs for which the student may be
responsible. Schedule will present total costs for each program offered and provide
clear disclosure of what is and is not included specifically in the individual fee
for tuition. This information may be presented as an addendum or insert to the publication.
A copy of the current fee schedule must be on file with the Department at all times.
(c) Options and terms for
payment of tuition and other fees, including clear disclosure of any associated
discounts and deposits required, with timing of such deposits indicated;
(d) Fee waiver policy, criteria,
and procedure;
(e) Criteria for any in-house
scholarship programs available, the process for application, notification of award
or denial, the disbursement schedule, and the credit methodology;
(f) Clear disclosure of policy
for return of books, supplies, or other materials, and refund of fees paid for such
items;
(g) State approved refund
policy or school’s refund policy if determined by the Superintendent or designee
to be more favorable to the student;
(h) Clear and conspicuous
disclosure of student’s cancellation rights;
(16) Policies and procedures
relating to:
(a) Attendance, including
course minimum and program cumulative satisfactory progress standards;
(b) Excused and unexcused
absence criteria and effect of such absence on satisfactory attendance progress;
(c) Tardiness;
(d) Leaves of absence, including
how a leave of absence affects satisfactory attendance progress;
(e) Make-up work;
(f) Overall grading system,
including rating scale, point system, or other rubric used, with definitions of
performance indicated by rating levels or ranges;
(g) All institutions with
which the school has an articulation agreement, if applicable;
(h) Academic satisfactory
progress standards for:
(A) Minimum acceptable performance
for courses and programs according to grading system;
(B) Cumulative acceptable
performance for programs according to grading system; and
(C) Frequency and method
of reporting student progress, including:
(i) Elements of performance
reported on;
(ii) Recourse of student
to challenge report information and process for doing so;
(iii) Process for performance
improvement planning and other uses of progress reports;
(iv) Effect of course incompletes,
repetitions, and remedial courses on satisfactory progress calculations
(17) Specific requirements
for graduation or completion;
(18) Description of the certificate,
diploma, or credential awarded upon graduation or completion;
(19) If the school has negotiated
any articulation agreements with other institutions for transfer or awarding of
credit based on course completion at the school, a description of those articulation
agreements will be included in the school catalog. Description will include at a
minimum:
(a) Name of all institutions
with which an official articulation agreement is in place;
(b) Name of all programs
or courses that are eligible for transfer to each institution identified;
(c) Description of process
to initiate request for transfer of credit.
(20) Policies and procedures
relating to discipline:
(a) Description of verbal
and written warning systems including number and timing of warnings issued of each
type and how warnings trigger further disciplinary action. When a student receives
a verbal or written warning, the student will sign an acknowledgment that they have
received a warning. This acknowledgment does not constitute agreement by the student
with the content of the warning.
(b) Student conduct standards,
including:
(A) Standards regarding discriminatory
behavior of students against other students, school personnel, or other related
persons;
(B) Clear disclosure of types
of conduct violations;
(c) Probation, including:
(A) Clear indicators for
when probation is invoked, according to stated standards for conduct and satisfactory
progress;
(B) Length of probation and
terms for reinstatement to good standing;
(C) Number of times probation
is allowed in a set period of time and the consequences if that number is exceeded;
(D) Effect of probationary
status on satisfactory progress standards and student financial obligations and
awards;
(d) Suspension, including:
(A) Clear indicators for
when suspension is invoked, according to stated standards for conduct and satisfactory
progress;
(B) Length of suspension
and terms for reinstatement to good standing;
(C) Number of times suspension
is allowed in a set period of time and the consequences if that number is exceeded;
(D) Effect of suspension
status on satisfactory progress standards and student financial obligations and
awards;
(e) Termination, including:
(A) Clear indicators for
when termination is invoked, according to stated standards for conduct and satisfactory
progress;
(B) Effect of termination
on student’s financial obligation to the school.
(f) Policies and procedures
relating to reinstatement or reentry:
(A) When student's withdrawal
was voluntary and the student was in compliance with all school policies, and
(B) When the student's withdrawal
was not voluntary and involved noncompliance of academic, attendance, or conduct
policies, or financial obligations, or any combination thereof.
(g) A discrimination policy,
including;
(A) Standards for treatment
of students who are members of protected classes as defined in ORS 659.850;
(B) Recourse of students
who believe they have been discriminated against, including this statement: “Any
person unlawfully discriminated against, as described in ORS 345.240, may file a
complaint under 659A.820 with the Commissioner of the Bureau of Labor and Industries”;
(C) Statement that school’s
policies governing employees will be enforced in situations where instructional
staff or other school personnel have been found to have engaged in discriminatory
behavior;
(21) A student grievance
policy, which includes:
(a) The process for initiating
a complaint or grievance against the school, its staff, or students;
(b) Appeal process, including
point of contact for initiating appeal;
(c) School personnel, by
name or by position, involved in evaluating an appeal. This staff person or group
of persons shall not include the same staff that evaluated and ruled on the initial
grievance;
(d) Time line for issuing
a decision on an appeal; and
(e) This statement: "students
aggrieved by action of the school should attempt to resolve these problems with
appropriate school officials. Should this procedure fail students may contact: Higher
Education Coordinating Commission, (use current address), Salem, OR (use current
ZIP code)." After consultation with appropriate staff and if the complaint alleges
a violation of Oregon Revised Statutes 345.010 to 345.470 or standards of the Oregon
Administrative Rules 715-045-0001 through 715-045-0210, the commission’s executive
director will begin the complaint investigation process as defined in OAR 715-045-0023,
Appeals and Complaints.
(22) Student Services, including:
(a) A description of the
extent and nature of placement assistance provided to students and graduates, including
but not limited to:
(A) Job search techniques;
(B) Resume' writing or the
industry equivalent;
(C) Job interview techniques
or the industry equivalent;
(D) The assistance the school
provides in establishing job contacts or interviews for graduates;
(E) A clear statement that
the institution does not and cannot guarantee employment;
(b) Specifics describing
the availability of and eligibility for student housing,
(c) Availability of career
or other counseling services,
(d) Statement of rights of
student to access their files and procedure for doing so,
(e) Policy regarding release
of information about an individual student, including applicable requirements of
the “Family Educational Rights and Privacy Act of 1974” (FERPA) (20
USC § 1232g; 34 CFR Part 99), and
(f) Other student services,
if any.
Stat. Auth.: ORS 345.325
Stats. Implemented: ORS 345.325
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11; Renumbered from 581-045-0019
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0022
Facilities
(1) All schools shall demonstrate that
premises owned, rented, leased, occupied, maintained, used or approved by the school,
are maintained in compliance with applicable city, county or state ordinances and
laws relating to safety and health of persons on the premises.
(2) Safety and health inspection
data required by OR-OSHA (ORS 654.010) and other applicable statute, ordinance or
administrative rule shall be available for review by Higher Education Coordinating
Commission staff. All applicants for an initial license must have a fire inspection
by appropriate city or county Fire Marshall's office prior to issuance of a license
and all licensees must have an annual fire inspection if annual service is provided
by applicable Fire Marshall's office. Schools must be clean, well maintained and
provide good lighting and ventilation. Schools must arrange classrooms, equipment
and demonstration areas to enhance instruction, provide sufficient storage, use
prescribed containers for hazardous materials, and provide for safe and orderly
classroom management for the type of educational programs offered.
(3) A school shall notify
the Superintendent in writing at least 30 calendar days in advance of any change
of its principal location or name. In the event of change of location, Department
staff may inspect the new site. Deficiencies, if any, must be corrected in a timely
manner for continued approval to operate in the new location. Failure to notify
the commission’s executive director of name or address change may result in
the imposing of civil penalties per OAR 715-045-0190. An exception may be granted
if the executive director determines a legitimate emergency or a circumstance exists
which would prevent the school from complying.
Stat. Auth.: ORS 345.080
Stats. Implemented: ORS 345.080
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; Renumbered from 581-045-0022 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0023
Appeals and Complaints
(1) Each school shall implement a process
for the prompt resolution of a complaint by a student of the school. Unless specifically
provided by state or federal law or administrative rule, the decision of the school
shall be final.
(2) Complaints filed on behalf
of or by a student against a school must be postmarked within one year of the student's
last date of attendance.
(3) If the complaint alleges
a violation of Oregon Revised Statutes, ORS 345.010 to 345.470 or standards of OAR
715-045-0006 through 715-045-0210, the complainant may direct an appeal to the Higher
Education Coordinating Commission, after exhausting the school's procedures or after
45 days from filing a written complaint with the school, whichever occurs first.
The appeal shall be in writing and shall contain:
(a) The complainant's name,
address, phone number, and signature;
(b) School name, address,
and phone number;
(c) A brief statement indicating
which statute or rule the school is alleged to have violated and how the school
is alleged to have violated it, e.g., failure to refund tuition, failure to provide
a portion of the program described in the enrollment agreement;
(d) Facts detailing dates
of attendance, termination date, date of occurrence, names, addresses and positions
of school officials contacted, financial loss, if any, and any other pertinent information;
(e) An explanation of what
efforts have been taken to resolve the problem with the school, if any; and
(f) Copies of pertinent documents,
such as the enrollment agreement, catalog and advertisements.
(4) After receipt of a complaint
or other allegation that a school has failed or is failing to comply with the provisions
of any laws or rules, the commission’s executive director shall investigate
the facts surrounding the allegations.
(5) The executive director
shall notify the complainant and the school of the findings resulting from the investigation.
(6) The commission may impose
penalties as defined in OAR 581-045-0190 if the school is found to be in violation
of any standard or rule.
(7) Subsections (1) and (2)
of this rule do not limit the statutory authority of the commission to investigate
schools regardless of receiving allegations from the public.
(8) At the request of the
executive director, complaints may be resolved with the assistance of such other
parties as the Oregon Student Assistance Commission, Oregon Department of Justice,
U.S. Department of Education, and other appropriate organizations and/or individuals.
Stat. Auth.: ORS 345.120
Stats. Implemented: ORS 345.120
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; Renumbered from 581-045-0023 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0029
Tuition Protection Fund
(1) There shall be a fund known as the
Private Career School Tuition Protection Fund (as described in ORS 345.110). The
Tuition Protection Fund is hereby established in the custody of the State Treasurer.
The Executive Director of the Higher Education Coordinating Commission shall deposit
in the fund all monies received under this rule. Monies from the fund shall be spent
only for the purposes under this rule. Disbursements from the fund shall be on authorization
from the commission and no appropriation is required for such disbursements. All
earnings on investments of the fund shall be credited to the fund. To be and remain
licensed, each private career school authorized in accordance with the provisions
of ORS Chapter 345 shall pay to the state an initial capitalization deposit and
14 semiannual payments. The fund shall be initially capitalized at a minimum of
$200,000 and shall achieve and maintain an operating balance of at least $1 million.
Said fund is intended to be a fund of last resort.
(2) Purpose of the fund:
(a) Students attending schools
licensed by the State of Oregon, other than students covered by another state's
tuition protection, may apply to the commission, when a school ceases to provide
educational services, for a refund of tuition from the fund established pursuant
to this rule to the extent that such fund exists or has reached the level necessary
to pay outstanding approved claims. The liability of the fund for claims against
the school shall not exceed the total amount of the liability limit assigned to
the school under subsection (3)(a) of this rule. Such limitation on each school's
liability remains unchanged by single or cumulative disbursements made on behalf
of the school. If the commission’s executive director finds that a student
is entitled to a refund of tuition, the executive director shall determine the amount
of refund based on criteria established by the commission;
(b) The commission shall
direct the State Treasurer to pay the refund on behalf of the student to the student
and/or the student's financial sponsor(s). If the student is a minor, payment shall
be made to the student's financial sponsor(s). Each recipient of a tuition refund
shall, as a condition for receiving the claim, assign all rights to the commission
of any action against the school or its owner(s) for tuition amounts reimbursed
pursuant to this section;
(c) Upon such assignment,
the executive director shall take appropriate action against the school or its owner(s)
in order to reimburse the Tuition Protection Fund for any expenses or claims that
are paid from the fund and to reimburse the commission for the reasonable and necessary
expenses in undertaking such action;
(d) The executive director
shall attempt to recover from the school all funds disbursed from the Tuition Protection
Fund and other costs of recovery;
(e) The Tuition Protection
Fund shall not be used to reimburse private party attorney fees;
(f) Under no circumstances
will any party, person or entity, other than the commission, be allowed to access
funds from the Tuition Protection Fund; and
(g) No liability accrues
to the State of Oregon from claims made against the fund.
(3) Establishment of fund
liability limits:
(a) The amount of liability
that can be satisfied by this fund, on behalf of each individual school licensed
under this rule, shall be based on the gross tuition income reported on the last
license renewal application: [Table not included. See ED. NOTE]
(b) The calculation of gross
annual tuition for a school located outside the State of Oregon shall include only
that income derived from residents of this state during the school's preceding year
of operation, as evidenced in the financial statement required by OAR 581-045-0032;
(c) Institutions not yet
in operation or otherwise lacking a full year's financial data prior to initial
licensing, shall have a liability limit calculated on the basis of an estimation
of gross annual tuition;
(d) Each school subject to
this rule shall submit to the commission in cash or by check or money order, the
following nonrefundable* amounts for its initial capitalization deposit into the
Tuition Protection Fund: [Table not included. See ED. NOTE]
(e) After the date of its
nonrefundable initial capitalization deposit, as a condition to remaining licensed,
each school shall remit to the commission for deposit into the Tuition Protection
Fund semiannual payments (on January 31 and July 31) in cash or by check or money
order, in accordance with the schedule in subsection (3)(d) of this rule. If the
semiannual payment is not postmarked (or date stamped if hand delivered to the Department)
before or on the due date, the commission may impose a civil penalty as allowed
under ORS 345.995 and OAR 715-045-0190. Failure of a school to make payment within
30 days of due date shall be grounds for suspension or revocation of the school's
license; and
(f) The executive director
shall prepare and mail to each licensee semiannual notices of the due dates and
amounts of deposits required under subsection (3) of this rule. Each notice shall
include therein at least once each year:
(A) A notation showing the
licensee's aggregate prior deposits into the fund;
(B) A notation showing the
licensee's balance of remaining payments based on the most recent deposit received;
(C) A notation showing the
cumulated balance existing in the fund at the most recent half-year accounting;
and
(D) A summary showing all
disbursements made from the fund to satisfy claims in the period since the last
such similar summary was disseminated.
(4) After disbursements made
to settle claims reduce the operating balance below $500,000, and recovery of such
funds has not been ensured by the affected school within 30 days, the commission
shall assess each licensee a pro rata share of the amount required to restore the
balance in the fund to $500,000. When calculating each share, the commission shall
employ a pro rata percentage of liability. If the amount of any single such assessment
equals or is less than the semiannual amount of deposit established for the licensee,
the assessment shall be paid within 30 days of notice. If any single assessment
exceeds the amount of its semiannual deposit, the school may apply to the commission
for a schedule of deferred payments. The commission shall grant such deferrals on
application, but in no case shall the time extended exceed one year beyond the date
of an assessment.
(5) The executive director
shall determine, based on annual financial data supplied by the school, whether
the semiannual deposit assigned to the school on the matrix established under subsection
(3) has changed. If an increase or decrease has occurred, a corresponding change
in the semiannual deposit shall be made before the date of its next scheduled deposit
into the fund.
(6) When any ownership interest
in a school is conveyed through sale or other means that results in the transferee
(buyer) owning more than 50 percent of the school, the contribution schedule of
the prior owner is canceled. All contributions made up to the date of the transfer
accrue to the fund. The new owner commences contributions under provisions applying
to a new applicant. Exception shall be granted to any transferee (buyer) who held
more than 50 percent of the ownership interest prior to the transfer and to any
transferee who owned any interest in the school for more than four years prior to
the transfer. In such instances the transferee (buyer) shall provide the executive
director with legal evidence to validate the percent and time period of ownership.
(7) When deposits total $3,000,000,
and the history of disbursements so warrants, the commission may reduce the schedule
of deposits whether as to time, amount, or both. When such level is achieved, the
commission may return any excess funds to currently licensed schools that have completed
their required contributions to the fund.
(8) Additional procedures
established to deal with a school that ceases to provide educational services:
(a) A school ceases to provide
educational services when the school or a division of the school ceases to provide
classes or instruction;
(b) The executive director
shall attempt to notify all potential claimants within 60 days of the date the executive
director determines a school has ceased to provide educational services. The absence
of records and other circumstances may make it impossible or unreasonable for the
executive director to ascertain the name and address of each potential claimant,
but the executive director shall make reasonable inquiries to secure that information
from all likely sources including but not limited to public notification. The notification
to students shall inform them of the opportunity and the deadline for submitting
claims against the Tuition Protection Fund;
(c) Claims against the Tuition
Protection Fund may be made only by students who were enrolled at the time a school
ceases to provide educational services;
(d) All claims must be filed
with the commission by the deadline established in the executive director's notification.
Each student filing a claim must specify and verify any and all sources and amounts
of tuition that were paid on the student's behalf. The commission may refuse to
pay any claim that does not contain sufficient verification or other information
required by the executive director;
(e) The executive director
shall not consider any claims filed after the deadline established in the executive
director's notification. Failure of a student to receive notification shall not
be a basis for the commission to consider any claims filed after the deadline;
(f) The executive director
shall seek to recover such disbursed funds from the assets of the defaulted school,
including but not limited to asserting claims as a creditor in bankruptcy proceedings;
and
(g) A school shall have no
vested right, claim or interest in any deposit to the Tuition Protection Fund and
all payments shall accrue to the fund.
(9) In the event of a potential
and actual school closure a school shall inform its students in writing of their
rights under the provisions governing the Tuition Protection Fund.
(10) If a school closure
is in violation of OAR 715-045-0067, the commission may allocate monies from the
Tuition Protection Fund, as a fund of last resort, to teach-out arrangements for
displaced students. The liability level for teach-out costs shall be the same as
that established in subsection (3) of this rule. Students signing a written agreement
as a result of this option would not be entitled to a refund from the school or
the Tuition Protection Fund.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 345.110
& 345.995
Stats. Implemented: ORS 345.110
Hist.: EB 32-1991, f. &
cert. ef. 12-18-91; EB 18-1992 (Temp), f. & cert. ef. 5-13-92; EB 34-1992, f.
& cert. ef. 11-3-92; EB 13-1996, f. & cert. ef. 7-26-96; ODE 32-2000, f.
12-11-00 cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; Renumbered
from 581-045-0029 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0032
Standards for Financial Reporting
(1) All private career schools shall
submit at initial licensing, and annually thereafter in conjunction with the license
renewal, financial information reflecting the fiscal condition of the school at
its start-up or at the close of its most recent fiscal or calendar year, whichever
is applicable. For such purposes the information submitted shall conform to the
following:
(a) At initial application
for licensing, the school must submit a business plan based on the major goals of
the school for the first two years of operation along with the methods and procedures
for achieving the goals. Included as part of the plan will be an opening balance
sheet, along with worksheets documenting the source and method of calculation for
amounts listed on the balance sheet. The school shall have sufficient capital to
provide all the appropriate instruction, support and administrative services (including
appropriate comprehensive general liability insurance), staffing, equipment, and
facilities. The Executive Director of the Higher Education Coordinating Commission
will use financial ratios relevant to the private career school industry, such as
those suggested by national professional organizations, accrediting organizations,
and other appropriate financial statistics to determine the sufficiency of the planned
capital. The plan also shall include a projected income statement showing the projected
income and expenses for each of the first two years of operation, with the first
year’s projections calculated on a monthly basis, and the second year’s
projections calculated on a quarterly basis.
(b) In addition to the licensing
requirements cited in paragraph (a) of this subsection, financial requirements shall
be based on a school's ability to fulfill its obligations to students, meet refund
obligations, meet operational expenses and other financial obligations, and make
the required contributions to the existing tuition protection fund. When the sufficiency
of the planned capital is questionable, the executive director may require mechanisms
be put in place to ensure the availability of operating funds and funds required
to satisfy student tuition refund requests, including but not limited to a letter
of credit, or the escrow of unearned tuition funds.
(c) The financial report
for license renewal may be prepared by the school owner or competent school personnel
for schools with gross annual tuition income of less than $225,000. Such report
shall cover the most recent annual accounting period completed. The balance sheet
information must clearly show all assets, liabilities, and net worth, while the
income statement must clearly show the profit or loss for the fiscal year. Each
school also must provide a cash flow statement showing its:
(A) Cash flow from operations;
(B) Cash flow used in investing;
and
(C) Cash flow from financing
activities.
(d) The information for license
renewal must also show total instructional income and expense for the school for
the preceding fiscal year, along with supporting worksheets and documentation as
provided by the commission. If a school offers both licensed programs and programs
exempt from licensure, total instructional income for licensed programs and exempt
programs shall be displayed separately so that gross tuition income from which license
fees and the tuition protection fund assessment will be computed is clearly identified.
At the option of the school owner, expenses may or may not be displayed separately
for licensed and exempt programs. The amount of the tuition protection fund assessment
required for an initial license will be computed on the basis of projected first
year tuition income but shall not be less than a liability limit of $6,250;
(e) At the option of the
school, the financial report may be in the format provided by the commission;
(f) Each school must certify
in its financial report that all refunds due students have been made and are not
in default. If any refund requests are pending, the school must disclose this information
along with a status report of the request(s); documentation prepared for accreditation
reviews or from reviewed financial reports may be submitted to satisfy this requirement;
(g) In all instances, information
supplied must be certified true and correct by the school owner or an authorized
representative;
(h) Schools reporting gross
tuition income between $225,000 and $1,999,999, inclusive, will submit a reviewed
financial report that conforms to Generally Accepted Accounting Principles (GAAP)
and is completed and signed by an independent Certified Public Accountant (CPA).
In lieu of a reviewed financial report, schools may submit income tax forms if all
of the following conditions are met:
(A) The income tax forms
were prepared and signed by an independent Certified Public Accountant (CPA), and
(B) The income tax forms
are reporting financial information solely for the career school or the organization
within which the school function is embedded if the career school is not a legal
entity in its own right, and
(C) The school or organization’s
fiscal year matches the tax year, and
(D) All sensitive information
such as social security numbers have been redacted, and
(E) The income tax forms
are complete with all related schedules and worksheets and include all information
that would be used to prepare a reviewed financial report, and
(F) The requirements of paragraph
(d) of this subsection are met. Separate forms displaying tuition costs for licensed
programs versus exempt programs and other activities must be included if the career
school is embedded within the operation of a larger organization and is not a legal
entity in its own right.
(G) Any income tax forms
received by the commission that do not meet the requirements of paragraph (h) of
this subsection will be shredded upon receipt.
(i) Schools that are accredited
and offer students state or federal financial aid may not submit income tax forms
and must submit an audited financial report signed by an independent Certified Public
Accountant, regardless of amount of gross tuition income.
(j) Schools reporting gross
tuition income of $2,000,000 or more will submit an audited financial report that
conforms to Generally Accepted Accounting Principles, (GAAP), Generally Accepted
Audit Standards, (GAAS), and Statements for Accounting and Review Services (SAARS)
currently in effect.
(2) If after analyzing a
school's financial reports and records, the executive director determines the school
is not financially responsible, as described in OAR 581-045-0063, or that the school's
records are incomplete or inaccurate, the executive director may require the school
to submit within 75 calendar days of written notice:
(a) An audited financial
report signed by an independent Certified Public Accountant (CPA); and
(b) Its most recent federal
and state income tax reports.
(3) The executive director
may waive or modify all or part of the requirements in subsections (1) and (2) of
this rule for a school that operates within the context of a larger business structure
and is not a legal business entity in its own right, or has other financial considerations
that are best evaluated through examination of a different set of financial data.
Stat. Auth.: ORS 345.325(8)
Stats. Implemented: ORS 345.325
Hist.: 1EB 34-1978, f. &
ef. 10-5-78; 1EB 30-1986, f. & ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90;
EB 13-1996, f. & cert. ef. 7-26-96; Renumbered from 581-045-0016, ODE 32-2000,
f. 12-11-00 cert. ef. 1-1-01; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; ODE 15-2006,
f. 12-11-06, cert. ef. 1-1-07; ODE 16-2010, f. 11-15-10, cert. ef. 1-1-11; Renumbered
from 581-045-0032 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0033
Standards for Advertising
(1) Printed school publications, brochures,
or pamphlets shall be on file at the school and available upon request to any prospective
student, enrolled student, and the Department.
(2) A school catalog shall
meet the requirements of OAR 715-045-0019.
(3) Upon request of the student,
the school must provide the following information no later than at the time the
student signs an enrollment agreement:
(a) Number of students enrolled
in the program at the beginning of the current reporting period;
(b) Number of students who
enrolled in the program during the last reporting period;
(c) Number of students who
left the program without completing it during the last reporting period;
(d) Number of students who
graduated from the program during the last reporting period; and
(e) Number of those who graduated
and were placed or working full time in directly related occupations during the
last reporting period.
(4) Subsections (3)(b) through
(e) of this rule do not apply to prelicense schools as in OAR 715-045-0014.
(5) A school shall have records
available to document any statements made by the school through its advertising
including salary and placement claims.
(6) A school shall not advertise
that it is endorsed, recommended, or approved by the Higher Education Coordinating
commission or the commission’s executive director. The school may use the
phrase "licensed by the Oregon Higher Education Coordinating Commission" in its
advertising material.
(7) If a school offers programs
licensed by the commission and also offers programs that do not require licensure,
the school shall clearly identify each type of program in any publication.
(8) Any school that performs
services for the public shall conspicuously display in the reception area a sign
indicating that exclusively either students or employees, or both perform its services.
Stat. Auth.: ORS 345.325 & SB 326.051
Stats. Implemented: ORS 345.325
Hist.: 1EB 257, f. 1-3-77,
ef. 7-1-77; 1 EB 30-1986, f. & ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90;
EB 13-1996, f. & cert. ef. 7-26-96; ODE 23-2000(Temp), f. 7-27-00, cert. ef.
7-27-00 thru 1-22-01; Renumbered from 581-045-0021, ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; Renumbered from 581-045-0033
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0034
False, Deceptive, Inaccurate or Misleading
Representations
No private career school or its agents
may intentionally or knowingly make false, deceptive, inaccurate or misleading representations
of fact in any oral, written, visual or electronic presentation in connection with
the offering or publicizing of a subject or course of instruction.
Stat. Auth.: ORS 345.325 & 326.051
Stats. Implemented: ORS 345.325
Hist.: ODE 23-2000(Temp),
f. 7-27-00, cert. ef. 7-27-00 thru 1-22-01; ODE 31-2000, f. 12-11-00, cert. ef.
1-1-01; ODE 9-2001(Temp), f. & cert. ef. 2-27-01 thru 8-17-01, Renumbered from
581-045-0585; Renumbered from 581-045-0585, ODE 12-2001, f. & cert. ef. 5-15-01;
Renumbered from 581-045-0034 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0036
Cancellation and Refund Policy: Resident
Instruction
(1) A student may cancel enrollment
by giving written notice to the school. Unless the school has discontinued the program
of instruction, the student is financially obligated to the school according to
the following:
(a) If cancellation occurs
within five business days of the date of enrollment, and before the commencement
of classes, all monies specific to the enrollment agreement shall be refunded;
(b) If cancellation occurs
after five business days of the date of enrollment, and before the commencement
of classes, the school may retain only the published registration fee. Such fee
shall not exceed 15 percent of the tuition cost, or $150, whichever is less;
(c) If withdrawal or termination
occurs after the commencement of classes and before completion of 50 percent of
the contracted instruction program, the student shall be charged according to the
published class schedule. The student shall be entitled to a pro rata refund of
the tuition when the amount paid exceeds the charges owed to the school. In addition
to the pro rated tuition, the school may retain the registration fee, book and supply
fees, and other legitimate charges owed by the student;
(d) If withdrawal or termination
occurs after completion of 50 percent or more of the program, the student shall
be obligated for the tuition charged for the entire program and shall not be entitled
to any refund;
(e) The enrollment agreement
shall be signed and dated by both the student and the authorized school official.
For cancellation of the enrollment agreement referenced in subsections (1)(a) and
(b) of this rule, the "date of enrollment" will be the date that the enrollment
agreement is signed by both the student and the school official, whichever is later.
(2) Published Class Schedule
(for the purpose of calculating tuition charges) means the period of time between
the commencement of classes and the student's last date of attendance as offered
by the school and scheduled by the student.
(3) The term "Pro rata Refund"
means a refund of tuition that has been paid for a portion of the program beyond
the last recorded date of attendance.
(4) When a program is measured
in clock hours, the portion of the program for which the student will be charged
is determined by dividing the total clock hours into the number of clock hours accrued
according to the published class schedule as of the last date of attendance.
(5) When a program is measured
in credit hours, the portion of the program for which the student will be charged
is determined by dividing the total number of weeks into the number of weeks accrued
according to the published class schedule as of the last date of attendance.
(6) For other measurements
of time such as days or weeks, the portion of the enrollment period for which the
student will be charged is determined by dividing the total number of days or weeks
into the number of days or weeks, accrued according to the published class schedule
as of the last date of attendance.
(7) The term "tuition cost"
means the charges for instruction including any lab fees. "Tuition cost" does not
include application fees, registration fees, or other identified program fees and
costs. The school shall adopt and publish policies regarding the return of resalable
books and supplies and/or the prorating of user fees, other than lab fees.
(8) The school shall not
charge a withdrawal fee of more than $25.
(9) The school may adopt
and apply refund calculations more favorable to the student than those described
under this policy.
(10) When a cancellation,
withdrawal, termination, or completion occurs, a calculation of all allowable charges
under this rule shall be made. If such calculations evidence that the school received
total payments greater than its allowable charges:
(a) Within 40 days after
notification of such cancellation, withdrawal, termination, or completion, a written
statement showing allowable charges and total payments received shall be delivered
to the student by the school, together with a refund equal in amount to monies paid
to the school in excess of those allowable charges;
(b) In the event payments
to a student account are derived from federal and/or state tuition assistance program(s),
including student loan programs, regulations governing refund notification and awarding
within respective program(s) shall prevail in lieu of paragraph (a) of this subsection,
but only with respect to the covered portions thereof; and
(c) In the event payments
to a student account are derived from a sponsoring public agency, private agency,
or any source other than the student, the statement of charges and payments received
together with an appropriate refund described under paragraph (a) of this subsection
may be delivered instead to such party(ies) in interest, but only with respect to
the covered portions thereof.
(11) In case of disabling
illness or accident, death in the immediate family, or other circumstances beyond
the control of the student that causes the student to leave school, the school shall
arrange a prorated tuition settlement that is reasonable and fair to both parties.
(12) A school shall be considered
in default of the enrollment agreement when a course or program is discontinued
or canceled or the school closes prior to completion of contracted services. When
a school is in default, student tuition may be refunded by the school on a pro rata
basis. The pro rata refund shall be allowed only if the Superintendent determines
that the school has made provision for students enrolled at the time of default
to complete a comparable program at another institution. The provision for program
completion shall be at no additional cost to the student in excess of the original
contract with the defaulting school. If the school does not make such provision,
a refund of all tuition and fees shall be made by the school to the students.
Stat. Auth.: ORS 345.115
Stats. Implemented: ORS 345.115
Hist.: 1EB 24-1978, f. 6-30-78,
ef. 7-1-78; 1EB 30-1986, f. & ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90;
EB 41-1990, f. & cert. ef. 7-10-90; EB 13-1996, f. & cert. ef. 7-26-96;
ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02;
ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; Renumbered from 581-045-0026, ODE 15-2006,
f. 12-11-06, cert. ef. 1-1-07; Renumbered from 581-045-0036 by HECC 2-2014, f. &
cert. ef. 4-23-14
715-045-0037
Cancellation and Refund Policies:
Distance Learning Instruction
(1) A student may cancel enrollment
by giving written notice to the school. Unless the school has discontinued the program
of instruction, the student is financially obligated to the school according to
the following:
(a) If cancellation occurs
within 5 business days of the date of enrollment and lesson materials have not been
delivered, all monies related to the enrollment agreement shall be refunded;
(b) If cancellation occurs
within 5 business days of the date of enrollment and lesson materials have been
delivered, all monies related to the enrollment agreement shall be refunded with
the exception of the cost of unreturned lesson materials or the cost of replacement
for returned materials that are damaged or marked;
(c) If cancellation occurs
after five business days of the date of enrollment and the lesson materials have
been shipped but not delivered to the student:
(A) The school may charge
an amount equal to 15 percent of the tuition cost, or $150, whichever is less; that
being established as its registration fee;
(B) If the student returns
the unopened books and supplies to the school within five days of receipt, the school
will refund the total cost of lesson materials.
(d) If cancellation occurs
after five business days of the date of enrollment and the lesson materials have
been delivered to the student but not returned within five days of receipt, and
before the completion of the first lesson assignment, the school may charge:
(A) An amount equal to 15
percent of the tuition cost, or $150, whichever is less; that being established
as its registration fee; and
(B) The total cost of books
and supplies.
(e) If withdrawal or termination
occurs after the completion of the first lesson assignment and before 50 percent
of the total lesson assignments are completed, the student shall be entitled to
a pro rata refund of the tuition when the amount paid for the instructional program
exceeds the charges owed to the school. In addition to the pro rated tuition charge,
the school may retain the registration fee, book and supply fees, and any other
legitimate charges owed by the student;
(f) If withdrawal or termination
occurs after completion of 50 percent or more of the total lesson assignments, the
student shall be obligated for the tuition charged for the entire instructional
program and shall not be entitled to any refund;
(2) For cancellation under
subsection (1) of this rule, the "date of enrollment" will be determined:
(a) When enrollment occurs
by a document exchange through a mail delivery service, the enrollment date shall
be the date the enrollment agreement is signed by both the student and the authorized
school official, whichever is later;
(b) When the enrollment occurs
online, the date of enrollment will be the date the school receives:
(A) A copy of the enrollment
agreement signed by the student and the student is granted access to the program;
or
(B) Submission of student
enrollment information through a secured website. The website must have a registration
process that includes, but is not limited to, statements detailing the legal and
financial obligations related to enrollment in a school. The student must verify
that he/she has read and understands the enrollment agreement. A copy of the student
enrollment agreement information that includes "a declaration by the student acknowledging
the reading, understanding and acceptance of the enrollment obligations" shall be
placed in the student file in lieu of a signed enrollment agreement.
(3) When a program is measured
in lesson assignments, the portion of tuition cost for which the student will be
charged is determined by dividing the number of lesson assignments completed by
the total number of lesson assignments for the program.
(4) A program that includes
both distance learning and resident instruction must state separately on the enrollment
agreement the costs for the distance learning portion of the program and the costs
for the resident portion. The appropriate refund policies for distance learning
and resident instruction will apply for each portion of the program.
(5) Resident instruction
dates must be scheduled by the time the student completes 50 percent of the distance
learning portion of the program.
(a) For the resident portion,
charges can be assessed only after a student attends the first resident class session;
(b) Maximum charges shall
be calculated by applying the pro rata refund requirements established under subsection
(1) of this rule; and
(c) In the event that a school
denies a student entrance in the residence portion of the program because of scheduling
delays exceeding 30 days between completion of the distance learning portion and
commencement of the residence portion, or other changes in contract conditions,
all tuition paid for both the distance learning and scheduled residence portions
must be refunded.
(6) "Withdrawal or Termination"
is acknowledged to have occurred when:
(a) Written notice of same
is provided to the school by the student; or
(b) The student has failed
to submit completed lesson assignments and/or to otherwise maintain the school's
published standards of satisfactory progress; or
(c) In the instance of a
resident portion of a program, the student has failed to attend classes and/or to
otherwise maintain the school's published standards for satisfactory progress.
(7) The term "tuition cost"
means the charges for instruction including any lab fees. Tuition cost does not
include application fees, registration fees, or other identified program fees and
costs. The school shall adopt and publish policies regarding the return of resalable
books and supplies and/or the prorating of user fees, other than lab fees.
(8) The term "Pro rata refund"
means a refund of tuition paid for that portion of the program not completed by
the student.
(9) The school shall not
charge a withdrawal fee of more than $25.
(10) The school may adopt
and apply refund calculations more favorable to the student than those described
under this policy.
(11) When a cancellation,
withdrawal, termination, or completion occurs, a calculation of all allowable charges
under this rule shall be made. If such calculations evidence that the school received
total payments greater than its allowable charges:
(a) Within 40 days after
notification of such cancellation, withdrawal, termination, or completion, a written
statement showing allowable charges and total payments received shall be delivered
to the student by the school, together with a refund equal in amount to monies paid
to the school in excess of those allowable charges;
(b) In the event payments
to a student account are derived from federal and/or state tuition assistance program(s),
a sponsoring public agency, private agency, or any source other than the student,
the statement of charges and payments received together with an appropriate refund
described under paragraph (a) of this subsection may be delivered instead to such
party(ies) in interest, but only with respect to the covered portions thereof.
(12) In case of disabling
illness or accident, death in the immediate family, or other circumstances beyond
the control of the student that causes the student to leave school, the school shall
arrange a prorated tuition settlement that is reasonable and fair to both parties.
(13) A school shall be considered
in default of the enrollment agreement when a functioning course or program is discontinued
or canceled or the school closes prior to completion of contracted services. When
a school is in default, student tuition may be refunded by the school on a pro rata
basis. The pro rata refund shall be allowed only if the Superintendent determines
that the school has made provision for students enrolled at the time of default
to complete a comparable program at another institution. The provision for program
completion shall be at no additional cost to the student in excess of the original
contract with the defaulting school. If the school does not make such provision,
a refund of all tuition and fees shall be made by the school to the students.
Stat. Auth.: ORS 345.115
Stats. Implemented: ORS 345.115
Hist.: 1EB 31-1986, f. &
ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90; EB 41-1990, f. & cert. ef.
7-10-90; EB 13-1996, f. & cert. ef. 7-26-96; ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; Renumbered from 581-045-0027, ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07;
Renumbered from 581-045-0037 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0038
Cancellation and Refund Policy: Self-Directed
Instruction (Clock Hour Program/Lesson Based)
(1) A student may cancel enrollment
by giving written notice to the school. Unless the school has discontinued the program
of instruction, the student is financially obligated to the school according to
the following:
(a) If cancellation occurs
within five business days of the date of enrollment, and lesson materials have not
been delivered, all monies specific to the enrollment agreement shall be refunded;
(b) If cancellation occurs
within 5 business days of the date of enrollment and lesson materials have been
delivered, all monies related to the enrollment agreement shall be refunded with
the exception of the cost of unreturned lesson materials or the cost of replacement
for returned materials that are damaged or marked;
(c) If cancellation occurs
after five business days of the date of enrollment and the lesson materials have
been shipped but not delivered to the student:
(A) The school may charge
an amount equal to 15 percent of the tuition cost, or $150, whichever is less; that
being established as its registration fee;
(B) If the student returns
the unopened books and supplies to the school within five days of receipt, the school
will refund the total cost of lesson materials.
(d) If cancellation occurs
after five business days of the date of enrollment and lesson materials have been
delivered to the student but not returned within five days of receipt, and before
the commencement of the accrual of clock-hours or the completion of the first lesson,
the school may charge:
(A) An amount equal to 15
percent of the tuition cost, or $150, whichever is less; that being established
as its registration fee; and
(B) The total cost of books
and supplies.
(e) If withdrawal or termination
occurs after the commencement of the accrual of clock-hours or the completion of
the first lesson assignment and before either 50 percent of the program has been
offered, or before 50 percent of the program clock-hours or lesson assignments are
completed, the student shall be entitled to a pro rata refund of the tuition when
the amount paid exceeds the charges owed to the school. In addition to the pro rated
tuition charge, the school may retain the registration fee, book and supply fees,
and any other legitimate charges owed by the student;
(f) If withdrawal or termination
occurs after completion of 50 percent or more of the program has been offered or
after completion of 50 percent or more of the program clock-hours or lesson assignments,
whichever occurs first, the student shall be obligated for the tuition charged for
the entire instructional program and shall not be entitled to any refund.
(2) For cancellation under
subsections (1) of this rule, the "date of enrollment" will be determined:
(a) When enrollment occurs
in the school setting, the enrollment date shall be the date the enrollment agreement
is signed by both the student and the authorized school official, whichever is later;
(b) When enrollment occurs
online, the date of enrollment will be the date the school receives:
(A) A copy of the enrollment
agreement signed by the student, and the student is granted access to the program,
or
(B) Submission of student
enrollment information through a secured website. The website must have a registration
process that includes, but is not limited to, statements detailing the legal and
financial obligations related to enrollment in a school. The student must verify
that he/she has read and understands the enrollment agreement. A copy of the student
enrollment agreement information that includes "a declaration by the student acknowledging
the reading, understanding and acceptance of the enrollment obligations" shall be
placed in the student file in lieu of a signed enrollment agreement.
(3) Under subsection (1)
of this rule, the term "offered" means the period of time between the beginning
date and ending date of the program as identified on the enrollment agreement.
(4) Under subsection (1)
of this rule, the portion of tuition cost for which the student shall be charged
is determined by dividing the total clock hours into the number of clock hours accrued
by the student, or the total number of lessons into the number of lessons completed
by the student.
(5) The term "tuition cost"
means the charges for instruction including any lab fees. Tuition cost does not
include application fees, registration fees, or other identified program fees and
costs. The school shall adopt and publish policies regarding the return of resalable
books and supplies and/or the prorating of user fees, other than lab fees.
(6) The term "Pro rata refund"
means a refund of tuition paid for that portion of the program not completed by
the student.
(7) The school shall not
charge a withdrawal fee of more that $25;
(8) The school may adopt
and apply refund calculations more favorable to the student than those described
under this policy.
(9) When a cancellation,
withdrawal, termination, or completion occurs, a calculation of all allowable charges
under this rule shall be made. If such calculations evidence that the school received
total payments greater than its allowable charges:
(a) Within 40 days after
notification of such cancellation, withdrawal, termination, or completion, a written
statement showing allowable charges and total payments received shall be delivered
to the student by the school, together with a refund equal in amount to monies paid
to the school in excess of those allowable charges;
(b) In the event payments
to a student account are derived from federal and/or state tuition assistance program(s),
including student loan programs, regulations governing refund notification and awarding
within respective program(s) shall prevail in lieu of paragraph (a) of this subsection,
but only with respect to the covered portions thereof; and
(c) In the event payments
to a student account are derived from a sponsoring public agency, private agency,
or any source other than the student, the statement of charges and payments received
together with an appropriate refund described under section (9)(a) of this rule
may be delivered instead to such party(ies) in interest, but only with respect to
the covered portions thereof.
(10) In case of disabling
illness or accident, death in the immediate family, or other circumstances beyond
the control of the student that causes the student to leave school, the school shall
arrange a prorated tuition settlement that is reasonable and fair to both parties.
(11) A school shall be considered
in default of the enrollment agreement when a course or program is discontinued
or canceled or the school closes prior to completion of contracted services. When
a school is in default, student tuition may be refunded by the school on a pro rata
basis. The pro rata refund shall be allowed only if the Superintendent determines
that the school has made provision for students enrolled at the time of default
to complete a comparable program at another institution. The provision for program
completion shall be at no additional cost to the student in excess of the original
contract with the defaulting school. If the school does not make such provision,
a refund of all tuition and fees shall be made by the school to the students.
Stat. Auth.: ORS 345.115
Stats. Implemented: ORS 345.115
Hist.: ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; Renumbered from 581-045-0038 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0039
Cancellations, Tuition and Refund
Policies: Exceptions
(1) A school may adopt a refund or cancellation
policy different from the policies described under OAR 715-045-0036, 715-045-0037,
and 715-045-0038 only if:
(a) The policy is more favorable
to the student than what those respective rules require; or
(b) The school enters into
contractual arrangements for training services where the costs are paid by a contract
with another agency, and no refund liability is created between those students and
the school.
(2) The Executive Director
of the Higher Education Coordinating Commission may, upon request, establish an
alternative refund policy for a school that offers courses or programs with such
an organizational structure that application of the refund policies prescribed,
if applied, would cause unfair results to either the school or enrollees.
Stat. Auth.: ORS 345.115
Stats. Implemented: ORS 345.115
Hist.: 1EB 31-1986, f. &
ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90; EB 13-1996, f. & cert. ef.
7-26-96; ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert.
ef. 10-1-02; Renumbered from 581-045-0028, ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07;
Renumbered from 581-045-0039 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0060
Standards Governing Recruitment for
Private Career Schools and their Agents
All agents and schools will be subject
to the following conditions of this rule:
(1) A school shall provide
training to admissions staff that includes:
(a) Knowledge of the Oregon
Private Career School laws, and rules; and
(b) Detailed understanding
of the school's catalog, admission standards, application fee if charged, enrollment
agreement/contract, refund policy, other written school policies, and code of ethical
conduct when dealing with prospective students and parent(s) or guardian(s).
(2) As the recruitment of
prospective students relates to admissions policies and practices:
(a) The school or agent shall
clearly explain to each applicant for enrollment the nature of the course under
consideration and what the training can reasonably be expected to do for the student
in preparation for or furtherance of a trade or occupation;
(b) The school shall not
enroll, and no agent or any person involved in recruitment or admission shall recommend
for enrollment, any person without having reason to believe that the person is likely
to succeed in and benefit from the proposed training or course of instruction;
(c) Where a school or agent
enrolls a person who does not meet regular basic admission qualifications of the
school, the school must have a written record of the reasons why the enrollee was
permitted to enroll, and be prepared to justify its action in accepting the enrollment;
(d) No school or agent may
accept an enrollment from a person of compulsory school age, nor one attending a
school of elementary or secondary level, until the agent has written assurance from
the enrollee's parent, guardian, or principal of the elementary or secondary school
attended, that pursuit of the course would not be detrimental to enrollee's regular
school work; and
(e) The school must produce,
upon demand of the Higher Education Coordinating Commission, documents attesting
to completion of subsection (1)(a) and (b) of this rule and, when applicable, subsection
(1)(c) and (d) of this rule.
(3) As recruitment of prospective
students relates to enrollment agreements or contracts:
(a) The enrollment agreement
or contract must clearly outline obligations of both school and student, and a copy
of the enrollment agreement or contract must be furnished the student by the agent
before payment is made;
(b) The school or agent must
inform each applicant of the nature of the obligation entered into and the responsibilities
and rights of the student under the enrollment agreement or contract before the
student signs the document. Evidence of compliance with this will be the student's
signature on file at the school verifying receipt of a copy of the contract as well
as other documents required in OAR 715-045-0018;
(c) The total tuition for
any specific course must be the same for all persons enrolling at a specific time,
except that a group-training contract showing lower individual rates may be negotiated;
(d) Tuition changes in courses
shall be effective on specific dates and applicable to all who enroll thereafter;
and
(e) All charges and costs
incidental to training must be revealed by the school or agent to the prospective
student before any enrollment agreement or contract is signed.
(4) As recruitment of prospective
students relates to advertising and promotional literature: No bonus or other incentive
may be given a prospective student for the purpose of enticing the student to sign
an enrollment agreement other than that which is offered to all students in a special
promotional effort. This rule does not prohibit a school from establishing a bona
fide program with clearly identified criteria.
(5) As recruitment of prospective
students relates to the school's responsibility for its agents:
(a) The school is responsible
for ensuring that the agent has been provided training and is knowledgeable about
the school's:
(A) Beginning, history, and
owners;
(B) Program of studies;
(C) Refund policy;
(D) Admission and assessment
requirements;
(E) Graduation requirements;
(F) Rules and regulations;
(G) Financial policies and
procedures;
(H) Governance by Oregon
private career school law and rules;
(I) Relationship to applicable
consumer protection laws; and
(J) Code of ethical conduct
when dealing with prospective students and parent(s) or guardian(s).
(b) The school is responsible
for all advertising or promotional literature used by its agents;
(c) The school or agent must
provide the student a receipt for all money collected and a copy of the enrollment
agreement;
(d) No person who has any
responsibility for the recruitment of students shall use the title of counselor,
advisor, or any term of similar import, as determined by the Superintendent. Persons
responsible for student recruiting may use the titles of admissions representative,
career consultant, or other similar titles. The use of such titles shall be allowed
so long as neither the school nor any such titled person represents, either directly
or by implication, that they are acting on behalf of the prospective student rather
than on behalf of the school;
(e) No school or agent may
discredit other schools or agents in any manner that may influence a student to
leave another school or discourage a student from signing an enrollment agreement
with another school; and
(f) All schools and their
agents shall comply with all standards set forth in OAR 715-045-0033 and 581-045-0034
concerning advertising and promotional material.
Stat. Auth.: ORS 345.040 & 345.325
Stats. Implemented: ORS 345.040
Hist.: 1EB 257, f. 1-3-77,
ef. 7-1-77; 1EB 30-1986, f. & ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90;
EB 13-1996, f. & cert. ef. 7-26-96; ODE 23-2000(Temp), f. 7-27-00, cert. ef.
7-27-00 thru 1-22-01; ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 21-2002, f.
9-26-02 cert. ef. 10-1-02; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07; Renumbered
from 581-045-0060 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0061
Private Career School Agents
(1) An agent shall be a person who has
attained the age of 18 years, is of good moral character and is otherwise competent
and qualified to safeguard and protect the interests of the public.
(2) No person shall act in
the state as an agent for a private career school unless the Superintendent has
received the agent's registration.
(3) Agents shall be considered
registered only when the school notifies the Department in writing of the name,
address, date of employment, and geographic territory for each agent.
(4) For licensing purposes,
registered agents shall be considered employees of the school.
(5) No agent shall begin
recruiting students until completing school-provided training in the areas identified
in OAR 715-045-0060(5)(a).
(6) The school shall be responsible
for developing identifying credentials and passport pictures for each of its agents.
The credentials shall remain the property of the school. The identifying credentials
shall include:
(a) The full name and address
of the agent;
(b) The full name and address
of the career school to be represented; and
(c) A passport-type picture
affixed to the identifying credentials.
(7) The school shall immediately
notify the Executive Director of the Higher Education Coordinating Commission of
the termination of employment of an agent and demand return of the agent's credentials.
(8) The school may be fined
for failure to keep its agent files current and accurate.
(9) Agents, when representing
more than one school, shall disclose to each employing institution that they are
employed by more than one school.
(10) Agents, when representing
a school, shall:
(a) Report first to the administrative
offices of any high school or college before conducting any student interviews or
presentations;
(b) Make no statements which
are false, misleading or fraudulent;
(c) Respond with all facts
about the school the prospective student may wish to know prior to the making of
an enrollment decision;
(d) Use only advertising
that complies with OAR 715-045-0033 and 715-045-0034;
(e) Provide a copy of the
school's catalog/brochure to high school administrators or counselors prior to making
any presentation at a high school;
(f) Disclose information
on tuition and other instructional costs upon request by prospective students;
(g) Explain to the student
payment obligations before the student signs the enrollment agreement, and explain
the school's refund policy;
(h) Make clear the school's
academic policies and code of conduct;
(i) Accurately describe the
school's facilities and living accommodations, and explain living costs;
(j) Give a report on current
job prospects;
(k) Make available for review
samples of the school's distance learning lessons prior to the signing of the enrollment
agreement;
(l) Explain the school's
placement assistance, and provide placement statistics;
(m) Explain the school's
admissions criteria;
(n) Provide a copy of the
enrollment agreement and fully explain all terms and conditions;
(o) Suggest that the prospective
student visit the school to talk with teachers, guidance counselors, employment
counselors and students; and
(p) Wear identifying credentials
at all times when involved in recruitment activities outside of the school.
(11) Agents shall not:
(a) Make false, inaccurate
or misleading statements concerning any degree, certificate or diploma offered by
the school;
(b) State that credits from
the school are transferable unless such claims are supported by documentation in
the school's files and provided to and on file with the commission. The agent shall,
at the time of representation, identify each school or type of school and program
which accepts such credits. The agent shall clearly and conspicuously disclose all
limitations on such transferability; for example, it is not possible to transfer
credits from a certificate program to a degree program;
(c) Recommend a prospective
student for acceptance if the agent does not have reason to believe the student
has a chance to succeed;
(d) Distribute distance learning
lessons if to do so limits the student's right to cancel the enrollment within five
business days of signing and receive a full refund of all monies paid to the school;
(e) Collect any fee other
than the application fee prior to the student's official admittance; or
(f) Represent that any commodity
or service is free when, in fact, such commodity or service is regularly included
as part of a course for which tuition or any other fee is paid.
(12) The school shall monitor
its agent's activities and sales and marketing practices and immediately investigate
and resolve complaints about their activities. The school shall be accountable for
the adherence of its agents to ORS Chapter 345 and OAR chapter 581, division 45.
Stat. Auth.: ORS 345.325 & 345.040
Stats. Implemented: ORS 345.040
Hist.: 1EB 119, f. &
ef. 7-19-68; 1EB 131, f. 5-19-72, ef. 6-1-72; 1EB 25-1978, f. 6-30-78, ef. 7-1-78;
1EB 30-1986, f. & ef. 7-23-86; EB 11-1990, f. & cert. ef. 2-1-90; EB 13-1996,
f. & cert. ef. 7-26-96; Renumbered from 581-045-0050, ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07; Renumbered from 581-045-0061
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0062
Application for Private Career School
License Renewal
(1) Each school shall annually renew
its license. At least 60 calendar days prior to the anniversary date of its license,
the school must file with the Higher Education Coordinating Commission a completed
application for license renewal, including:
(a) Current financial reports
as required by OAR 715-045-0032;
(b) Financial report certification
form signed by the school’s owner or chief administrative officer;
(c) A current and accurate
enrollment agreement or contract;
(d) A copy of the catalog
that will be in effect for the instructional year that commences during the reporting
period for which the license is being renewed. The catalog submission must include
an indication of changes that have been made to the structure or wording of the
catalog contents;
(e) A copy of any student
handbook, addendums, or supplements to the school catalog, and any additional policies
and requirements provided to the student that will be in effect for the instructional
year that commences during the reporting period for which the license is being renewed.
Submission of these materials must include an indication of changes that have been
made to the structure or wording of these materials as previously approved by the
Department;
(f) Copies of any advertising
materials used to recruit new students;
(g) Affidavit of ownership
form, signed by all owners holding more than 10% ownership in the school, or by
the chief corporate officer (other than the campus president) for publicly held
companies;
(h) Affidavit of non-delinquency
for student refunds, signed by the school owner or chief administrative officer,
as described by OAR 715-045-0032(1)(f);
(i) Student enrollment, completion,
and placement information as described in subsection (3) of this rule;
(j) Roster of all instructional
staff utilized during the reporting period with dates of service and gross earnings
paid;
(k) Information regarding
changes to the instructional design as described in subsection (4) of this rule;
(l) License renewal fee and
any outstanding penalties, late fees, or other charges owing to the commission.
(2) If a school has been
licensed for three years or more and there are no changes in the school's structure,
the commission’s executive director may allow the school to submit an abbreviated
renewal application that confirms the school's compliance with applicable Oregon
Revised Statutes and Oregon Administrative Rules. Such abbreviated renewal application
shall include the required renewal fee.
(3) The school must provide
the following information on the forms provided by the commission for the reporting
period:
(a) Names and enrollment
information for all students continuing from the prior enrollment period;
(b) Names and enrollment
information for all students who enrolled in the program during the reporting period;
(c) Names and enrollment
information for all students who left the program without completing it during the
reporting period;
(d) Names and enrollment
information for all students who transferred between programs during the reporting
period;
(e) Names and enrollment
information for all students who were graduated from the program during the reporting
period; and
(f) Names of those who graduated
and were placed or are working in directly related occupations during the reporting
period, along with employer information.
(4) If any changes have occurred
in the instructional design for any course or program during the previous reporting
period or changes are anticipated during the new reporting period, these changes
will be submitted to the commission for review and approval.
(5) If the applicant school
accepts enrollment of minors, or employs agents who have contact with persons under
the age of 18 on behalf of the applicant school, the provisions of OAR 715-045-0003
will apply to any subject individuals the school currently employs or proposes to
hire.
(6) An application for renewal
of license shall be considered late if not postmarked (or date stamped if hand delivered
to the commission) before or on the due date. The executive director, as allowed
under ORS 345.995 and OAR 715-045-0190, may impose a late fee for each calendar
day the renewal application is late. Such fees, where applicable, shall be included
with the renewal application.
(7) The commission may invoke
license suspension as defined in OAR 581-045-0001 and begin license revocation procedures
when:
(a) A school fails to submit
the application for license renewal by the due date as described in subsection (1)
of this rule;
(b) The application does
not include accurate or adequate, or complete materials necessary for license renewal;
or
(c) The school is on probation
and not making satisfactory progress to comply with all provisions of the program
improvement plan.
(8) License renewal may be
denied when a renewal application is incomplete or received by the commission less
than 30 days before the license expiration date. Pursuant to ORS 183.484, denial
of license renewal on these grounds is an order in other than a contested case.
Appeal of the decision to deny may be made by written request to the Circuit Court
within 60 days of the issuance of the denial order.
(9) The executive director
may conditionally approve a license renewal providing a school agrees to a program
improvement plan acceptable to the executive director. Conditional license approval
shall be subject to the provisions of ORS 345.030(8). The conditional license issued
by the commission shall include the period and dates of effectiveness of the license.
Stat. Auth.: ORS 345.030
Stats. Implemented: ORS 345.030
Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; Renumbered from 581-045-0004 by ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; ODE 3-2010, f. & cert. ef. 2-8-10; ODE 16-2010, f. 11-15-10,
cert. ef. 1-1-11; Renumbered from 581-045-0062 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0063
Factors of Financial Responsibility
(1) To retain its license a school must
demonstrate to the Higher Education Coordinating Commission that it is financially
responsible under the requirements established in this rule.
(2) The commission considers
a school to be financially responsible only if it:
(a) Is able to provide the
services described in its official publications and statements;
(b) Is able to provide the
administrative resources necessary to comply with the requirements of this subpart;
(c) Is able to meet all of
its financial obligations, including, but not limited to:
(A) Refunds that it is required
to make; and
(B) Repayments to the U.S.
Department of Education for liabilities and debts incurred in programs administered
by the U.S. Department of Education.
(d) Demonstrates at the end
of its latest fiscal year, a ratio of current assets to current liabilities of at
least 1:1;
(e) Had, for its latest fiscal
year, a positive net worth. For the purposes of this section, a positive net worth
occurs when the school's assets exceed its liabilities;
(f) Has not had operating
losses over both of its two latest fiscal years. In applying this standard, the
commission’s executive director may consider the effect of unusual events
such as natural disasters;
(g) Has not had, for its
latest fiscal year, an operating deficit exceeding 10 percent of the institution's
net worth. For purposes of this section, an operating deficit occurs when operating
expenses exceed revenues from current business activities; and
(h) Has not had, as part
of the documents prepared by its independent accountant on its audited and certified
financial statements for the institution's most recently completed fiscal year,
a statement from the accountant acknowledging substantial doubt about the institution's
ability to continue as a going concern.
(3) A school that is determined
by the executive director not to be financially responsible may be considered "at-risk,"
and will be required to follow the procedures cited in OAR 715-045-0024.
(4) The executive director
may waive or modify all or part of the requirements in subsections (1) through (3)
of this rule for schools offering prelicense programs or courses.
Stat. Auth.: ORS 345.325(8) & 345.030
Stats. Implemented: ORS 345.325
Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; Renumbered from 581-045-0017, ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; Renumbered from 581-045-0063 by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0064
Student Completion and Placement
(1) Schools shall submit true and correct
data annually to the Higher Education Coordinating Commission which identifies completion
and placement rates for each approved program. These rates shall be computed by
individual programs and substantiated by worksheets and records.
(2) Any school failing to
maintain completion and placement rates for each approved program of at least 50
percent may be placed on probation for up to one full year or such time as evidence
submitted indicates that a 50 percent level of completion and placement is being
achieved.
(3) The commission’s
executive director may withdraw approval of any program that fails to maintain completion
and placement rates of at least 50 percent for two consecutive reporting periods.
Unusual cause or circumstance will be considered by the commission and exceptions
may be granted.
(4) The executive director
may require the name, address, and telephone number of any or all graduates and
employers accounted for in subsection (1) of this rule for verification and reporting
purposes.
(5) The executive director,
upon written request from a school, may waive or modify all or part of the requirements
of the annual submission of student placement data.
Stat. Auth.: ORS 345.080
Stats. Implemented: ORS 345.080
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 15-2006, f. 12-11-06, cert. ef. 1-1-07; Renumbered from 581-045-0064
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0065
Inspection and Periodic Review
(1) A school shall provide the Higher
Education Coordinating Commission access to all information, records, physical facilities,
school employees, and other parties (including advisory groups, administrators,
students and graduates) as may be necessary to verify compliance with Oregon Revised
Statutes, ORS 345.010 to 345.450, or standards of OAR 715-045-0001 through 715-045-0210.
(2) A school shall permit
the commission’s executive director to conduct an investigation or on-site
review of the school with or without notice. When requested, the school must provide
the executive director with true and accurate information including but not limited
to records and documents.
(3) A school located in Oregon
may be inspected on an annual basis or as the exectuvie director determines necessary.
(4) A school may be reviewed
to determine whether the school has and is adhering to policies and procedures in
such areas as its programs, services and staff conduct.
(5) Whenever an inspection
or other investigation reveals lack of compliance with Oregon Revised Statutes,
ORS 345.010 to 345.450 or standards of OAR 715-045-0001 through 715-045-0210, the
executive director may officially notify the school by certified mail that the school
has been placed on probation and send the school a report of deficiencies. When
deemed appropriate the executive director may initiate immediate license suspension
or revocation proceedings and schools will be provided due process through the provisions
allowed in subsection (5)(c) of this rule. If the executive director elects to place
the school on probation, the school shall have 20 calendar days after date of notification
to report on actions that have been taken to correct these deficiencies:
(a) The school's response
shall indicate corrective action taken and/or a program improvement plan for correcting
any remaining deficiencies;
(b) If violations cited are
not corrected, or if a program improvement plan submitted to correct the violations
is not acceptable to the executive director, the executive director shall send notice
to revoke or suspend the school's license;
(c) The school may request
a hearing within 21 calendar days of receipt of the commission's notice to revoke
or suspend the school's license; and
(d) A school whose license
has been placed on suspension shall not be permitted to engage in any advertising,
recruitment or student enrollment activities, or begin the instruction of any new
students during the period of suspension.
Stat. Auth.: ORS 345.080
Stats. Implemented: ORS 345.080
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; Renumbered from 581-045-0065
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0066
At-Risk School
(1) The Higher Education Coordinating
Commission may determine a school is "at risk" if a pattern or history of one or
more of the conditions cited in the definition for "at risk" exist.
(2) The school owner and/or
director shall be required to meet with the commission’s executive director
to discuss the conditions.
(3) A school determined to
be "at risk" at any time, will be required to provide:
(a) A school improvement
plan acceptable to the executive director within 30 days after meeting with commission
staff;
(b) A letter of credit if
appropriate; and
(c) A monthly report for
up to 12 months. During that time the school shall demonstrate improvement or the
executive director shall proceed with further action of probation, suspension, or
license revocation as deemed necessary.
Stat. Auth.: ORS 345.120
Stats. Implemented: ORS 345.120
& SB 326.051
Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; Renumbered from 581-045-0024 by ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; Renumbered from 581-045-0066
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0067
School Closure
(1) In the event a school closes, the
school shall file a plan with the Higher Education Coordinating Commission designed
to protect the contractual rights of its students and graduates, including the right
to complete the course of instruction in which they were enrolled. The school shall
return its license to the commission immediately by certified mail upon cessation
of instruction.
(2) A school that is closing,
either voluntarily or involuntarily, shall:
(a) Inform the commission
of this action by certified mail at least 30 calendar days prior to the anticipated
cessation of instruction and other normal school business practices. Such notice
shall detail the school's closure plan including:
(A) Teach-out arrangements
(if made with another school);
(B) The name, address, and
telephone number of the person, who will be responsible for closing arrangements;
(C) The name, address, telephone
number, and the name of the course of instruction for every student who will not
complete their course of instruction; and
(D) The amount of class time
left for each student to complete the course with the amount of refund, if any,
for which each student is eligible;
(b) Provide written notice
to all registered and enrolled students of the school's closure plan at least 30
calendar days prior to closure;
(c) Furnish the commission
with copies of the written notice being mailed to all enrolled students explaining
the procedures they are to follow to secure refunds or to continue their education;
(d) File procedures for disbursement
of refunds with the commission and set a date no later than 30 calendar days from
the last day of instruction to issue refund checks in the full amount for which
students are entitled; and
(e) Within four calendar
days of its closing transfer permanent student transcripts and roster of all students
enrolled at the time of closure to the commission. All transcripts of students not
enrolled at the time of closure are due to the commission within 90 calendar days
after closure.
(3) If students are receiving
instruction prior to the school's closing, the school shall file a plan, approved
by the commission’s executive director, with the commission to ensure that
the school's students will continue to receive training of the same quality and
content as that for which they contracted.
(4) If the executive director,
in any situation in which students are receiving instruction prior to a school's
closing, determines that the school has not fulfilled its contractual obligations
or that a student has reasonable and justifiable objections to the proposed transfer
resulting from the closing, the school shall refund all tuition, fees, and other
charges as related to OAR 715-045-0026(6).
(5) If the school to be closed
offers a combination of distance learning and resident training, the school shall
refund the entire cost of both the distance learning and resident portion paid.
(6) Any school owner, including
a corporation and/or any of its officers, involved in the decision to close a school
in violation of this section will not be granted a license to operate any other
private career school in Oregon.
(7) When a school closes
or ceases operation, for any reason, its license is automatically revoked effective
the day following the date of closure or cessation of operations.
Stat. Auth.: ORS 345.115 & SB 326.051
Stats. Implemented: ORS 345.115
Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; Renumbered from 581-045-0031 by ODE 32-2000, f. 12-11-00 cert.
ef. 1-1-01; ODE 21-2002, f. 9-26-02 cert. ef. 10-1-02; Renumbered from 581-045-0067
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0068
Reporting Obligations
(1) Schools must notify the Higher Education
Coordinating Commission within 10 days of receipt of a notice from any source that
involves
(a) Action against the school;
or
(b) Action against owners,
directors, administrators, agents, supervisors, and instructors subject to registration,
licensure, or approval pursuant to ORS 345.010 to 345.450, including but not limited
to disciplinary, licensure, legal, or conviction of any crime and that might affect
the person's ability to fulfill the assigned responsibilities.
(2) Upon request of the commission’s
executive director, the school must provide the commission with truthful and accurate
information regarding the disciplinary action, licensure action, legal action, or
conviction of any crime referenced in OAR 715-045-0068(1)(b).
(3) Schools must provide
the commission with a copy of any notice of warning, if such notice indicates the
school is in immediate jeopardy of losing recognition from that agency, or any notice
of suspension or revocation received from any national, regional or state accrediting
and/or approval agency within 10 days of receipt of such notice. The school shall
at the same time inform the commission in writing of actions being taken to correct
the deficiencies cited.
(4) In the event of a school
name change, the school shall submit to the commission legal documents from the
Secretary of State's office that validates the name change.
Stat. Auth.: ORS 345.080
Stats. Implemented: ORS 345.080
Hist.: ODE 32-2000, f. 12-11-00
cert. ef. 1-1-01; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; Renumbered from 581-045-0068
by HECC 2-2014, f. & cert. ef. 4-23-14
715-045-0190
Civil Penalties
(1) Amendments to OAR 715-045-0001 through
715-045-0210 must be implemented by the schools within 90 days after the effective
date of the amendments. Failure to implement rule changes within 90 days shall subject
a school to civil penalties.
(2) The commission may assess
a civil penalty of $500 per violation of ORS 345.010 to 345.450, or any administrative
rules adopted pursuant to 345.010 to 345.450.Before imposing a civil penalty under
this subsection, the commission shall consider the factors established in 345.995.
(3) Each act in violation
of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010
to 345.450 shall constitute a separate violation. The imposition of penalties under
this section shall be in addition to, and does not preclude the imposition of, any
other penalties for the same act or conduct pursuant to any other provision of law.
(4) Failure to pay civil
penalties within 30 days of the service of a final order imposing penalties, unless
stayed pending appeal by subsequent order of the Executive Director or a court of
competent jurisdiction, may result in revocation of license to operate a school.
(5) The commission may retain
reasonable costs related to the investigation and assessment of a civil penalty
from civil penalties imposed under ORS 345.995 and this section. In support of its
decision to retain civil penalties, the commission shall provide an accounting of
the costs incurred during its investigation and the assessment of civil penalties,
including but not limited to staff time, mailing costs, and attorney fees.
Stat. Auth.: ORS 345.992 & 345.995
Stats. Implemented: ORS 345.995
Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02
cert. ef. 10-1-02; ODE 7-2009, f. & cert. ef. 6-29-09; Renumbered from 581-045-0190
by HECC 2-2014, f. & cert. ef. 4-23-14; HECC 7-2014, f. & cert. ef. 12-18-14
715-045-0200
Barbering, Hair Design, Esthetics,
and Nail Technology
In addition to OAR 581-045-0001 through
581-045-0190, schools of barbering, hair design, esthetics, and nail technology
shall comply with this rule and 581-045-0210.
(1) Minimum hourly training
requirements:
(a) For hair design, 1,450
hours;
(b) For barbering, 1,100
hours;
(c) For esthetics, 250 hours;
(d) For nail technology,
350 hours; and
(e) In addition to the programs
listed above, students are required to successfully complete the following requirements
once:
(A) Safety and sanitation,
150 hours; and
(B) Career development, 100
hours.
(2) Individual progress records
must be regularly maintained for the purpose of monitoring each student’s
progress through the instructional program and verifying actual hours of instruction
in each certifiable classification. Once a student completes the minimum hourly
training requirements specified in subsection (1) of this section and the school’s
own program completion requirements, the school shall administer a Department-approved
written and practical exam prior to the student taking the State Board exam for
licensure. The time required to take the practical exam shall be included as part
of the contracted program hours included in the tuition cost.
(3) The Commission, with
the assistance of a curriculum committee, will develop minimum standards for each
certificated program or any combination of programs.
(4) No student shall perform
any task in a clinic lab without first having achieved verifiable minimum competence.
The following hours are recommended as a guideline for classroom and laboratory
instruction that students should experience prior to any assignment in the clinic
lab:
(a) Hair design, 160 hours;
(b) Esthetics, 40 hours;
(c) Nail technology, 40 hours;
and
(d) Barbering, 100 hours.
(5) The instructional program
shall determine the type of assignments students will receive in the clinic lab.
Clinic lab assignments should, as nearly as possible, reflect the emphasis of the
student’s current and cumulative theory and laboratory experiences. Schools
shall establish a minimum and maximum number of clinic activities for each type
of task required in the clinic lab. These minimums/maximums should show a comparable
distribution of activities reflective of industry practice. Only when students have
completed the minimum in all areas can they be assigned to clinic activities in
excess of the maximums.
(6) With the exception of
a commission approved cosmetology teacher training program, a school shall not conduct
both fixed-hour and student competency-based training programs in the same school
facility concurrently unless the school is in transition from one training program
to another. The Commission may set a time limit in which the transition must be
completed.
(7) No school shall enroll
a student wishing to transfer hours from a school of barbering, hair design, esthetics,
and nail technology in Oregon or out-of-state without first receiving an official
transcript properly signed or sealed directly from the previous schools. A school
may admit a student on a temporary basis without receiving an official transcript.
In no event should a student be considered a graduate until an official transcript
from all prior schools is in the graduating school’s student file. Schools
shall evaluate and grant appropriate credit for any education and training students
received at state regulated postsecondary schools.
(8) Schools shall validate
only their own hours of instruction provided a student but not any hours provided
by other schools.
(9) Upon receipt and evaluation
of official transcripts from schools previously attended:
(a) Schools shall give full
credit for hours earned within the last ten years; and
(b) Schools may grant credit
for hours earned prior to the last ten years, if approved by the Superintendent.
(10) No school shall deny
a student a record of hours earned. A record of hours does not infer or include
the official transcript.
(11) The school shall have
as a minimum the following staff present at all times:
(a) 1–15 students present
— one approved teacher;
(b) 16–30 students
present — two approved teachers; and
(c) One additional approved
teacher for each additional 20 students or part thereof. Teachers must be certified
in all areas they teach and supervise. When only one teacher is present at the school,
clinic lab operations, and classroom instruction shall not occur simultaneously.
The lone teacher shall conduct and supervise one or the other but not both concurrently.
Teachers who supervise the clinic lab and/or approve student practical performance
must be certified in all areas they supervise or approve;
(d) Exceptions to the student
to teacher ratios in (a)–(c) may be granted for theory/lecture classes only.
All hands-on practical lab and clinic lab classes are required to maintain specified
staffing ratios.
(12) The minimum teaching
staff, as set forth in these rules, shall not perform administrative or financial
aid or any other non-instructional duties during the time that the clinic lab and
classroom instruction are taking place concurrently.
(13) A teacher or student
teacher shall not perform any services in the school during school hours except
for teaching purposes.
(14) All services performed
by students shall take place under the supervision and direction of a certified
teacher.
(15) Premises shall be used
during school hours only for instructing students and teacher trainees in barbering,
hair design, esthetics, or nail technology.
(16) The school shall provide
a minimum of 2,800 square feet of total floor space to be allocated as follows;
one work station for each of the first twenty students; one additional work station
for every five students in excess of twenty; and, where hair design is taught, one
shampoo bowl for every five work stations. The executive director must approve any
exception to this requirement. Classroom and clinic space are in compliance with
OAR 715-045-0022. Schools must comply with ORS 345.240 relative to accessibility
of programs for persons with handicapping conditions.
(17) The executive director
may approve a facility of less than 2,800 square feet of floor space for schools
if the school presents a written plan as to how the number of students will be served
in the space provided. The plan must include how the school meets the entire model
curriculum standards.
(18) The school shall be
separated from adjoining rooms used for another business or for domestic purposes,
by means of walls or substantial partitions extending from floor to ceiling; all
doors leading to the school from the aforesaid adjoining rooms must be kept closed.
Access to the school shall be provided by means of an outside or separate entrance,
or from a public passageway in a public building.
(19) Each school shall include
the names of all actively employed (full-time or part-time) approved teachers on
its annual license renewal application.
(20) A licensed school of
barbering, hair design, esthetics, or nail technology may offer a teacher training
program if it complies with the following:
(a) Courses of teacher training
for instruction in barbering, hair design, esthetics, and nail technology may be
offered only in a school of hair design licensed under the provisions of ORS Chapter
345 or Mt. Hood Community College. Courses of study must be submitted to the Superintendent
for approval;
(b) The Standard Course of
Study shall require 1,000 hours of instruction that shall include the following:
(A) Preparation and use of
lesson plans,
(B) Use of audiovisual and
other instructional aids,
(C) Development and administration
of tests and evaluation of test results,
(D) Evaluation and recording
of student progress, and recording of attendance,
(E) Observation of practical
demonstrations,
(F) Assisting with practical
demonstrations,
(G) Setting up and performance
of practical demonstrations, and
(H) Practice teaching.
(c) The Superintendent shall
approve teacher-training programs of 200 hours for:
(A) Teachers whose certification
has lapsed more than three years, and
(B) Teachers from other states
whose licensing requirements are less than the minimum requirements for Oregon.
(d) The school shall:
(A) Maintain daily records
of the teacher trainee’s attendance, and the subject matter covered; and
(B) Conduct and record the
results of periodic evaluations of each teacher trainee.
(e) The school may evaluate
and give up to 500 hours credit for professional teaching experience or any academic
training received in a community college or institution of higher education when
that academic training contributes to achievement of the total approved Standard
Course of Study. The Superintendent may grant a waiver to the 500 hour limitation
if sufficient evidence is submitted;
(f) A school shall not have
more than three approved teacher trainees at one time. The school shall designate
who shall have the principal supervisory responsibility for the student in the teacher-training
program. Each trainee, when in the clinic lab, must be under direct supervision
of an approved teacher with a minimum of two years teaching experience;
(g) Teacher trainees shall
evaluate students only under the direct supervision of a certified teacher; and
(h) Teacher training students
must be registered with the Superintendent prior to commencement of their training.
Stat. Auth.: ORS 345.400
Stats. Implemented: ORS 345.400
Hist.: EB 13-1996, f. &
cert. ef. 7-26-96; ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 21-2002, f. 9-26-02
cert. ef. 10-1-02; ODE 17-2003, f. 12-30-03, cert. ef. 1-1-04; ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; ODE 32-2012(Temp), f. 11-7-12, cert. ef. 11-9-12 thru 5-7-13;
Administrative correction, 5-22-13; Renumbered from 581-045-0200 by HECC 2-2014,
f. & cert. ef. 4-23-14; HECC 6-2014, f. & cert. ef. 12-18-14
715-045-0210
Safety and Sanitation Compliances
and Inspections for Schools of Hair Design, Barbering, Esthetics and Nail Technology
Only
(1) Students, teachers and school owners
shall observe and be subject to all state, county and municipal laws and regulations
pertaining to public health. Compliance with state and municipal fire regulations
is required.
(2) Sanitation and safety
rules set forth in OAR chapter 817 shall be available in the school.
(3) The current sanitation
inspection report required by this section shall be conspicuously displayed in the
school.
(4) Sanitation and safety
inspections of schools regulated by this rule shall be conducted periodically by
agents of the Oregon Health Licensing Agency. Such inspections shall be for the
purpose of determining whether schools are in compliance with the standards set
forth in OAR chapter 817, divisions 5, 10, and 60 as they relate to the schools.
(5) A school is considered
to be open and subject to inspection when the school is serving the public.
(6) The inspecting agent
shall submit to the Higher Education Coordinating Commission a written report of
sanitation and safety conditions observed in each school inspected. Any violation
of standards existing in a school at the conclusion of an inspection shall be specifically
noted in the inspection report.
(7) Failure of a school to
correct a condition of violation within the time allotted for compliance as determined
by the commission’s executive director shall be subject to penalties as set
forth in OAR 715-045-0190.
Stat. Auth.: ORS 345.440 & 345.450
Stats. Implemented: ORS 345.440
Hist.: ODE 15-2006, f. 12-11-06,
cert. ef. 1-1-07; Renumbered from 581-045-0210 by HECC 2-2014, f. & cert. ef.
4-23-14
715-045-0220
Untitled
As an alternative to the minimum hourly
training requirements specified in OAR 715-045-0200, a proficiency-based training
program that is self-paced may be approved by the Executive Director when the school
has developed written requirements which it administers for graduation including:
(1) Clearly defined student
performance objectives that measure levels of performance at each level of instruction
for each skill/task and knowledge required for students to successfully pass the
appropriate practitioner certificate examination and successfully and safely perform
on members of the public all services allowed in the certificate classifications;
(2) Individual progress records
maintained for the purpose of monitoring each student’s progress through the
instructional program and recording/verifying actual hours of instruction and performance
achievement by each student;
(3) A curriculum design,
which the Superintendent determines to be comparable to the Board adopted model
curriculum, showing a logical progression of academic and practical training experiences
leading to the levels of student performance required for graduation and certification;
(4) The identification of
specific levels of competence to be achieved by each student prior to any clinic
lab experience that will ensure students have achieved sufficient skill and knowledge
to successfully and safely perform assigned tasks on members of the general public;
(5) A diagnosis of each student’s
beginning level of competency and a prescriptive instructional program for specific
competency completion with projected timelines resulting in an estimated program
completion date; a copy to be given to the student on commencement of the program
and on file in the student’s personal file. Revisions to the prescriptive
program must be based on recorded performance evaluations and as a result of school/student
negotiation. Copies of revisions must be given to the student and on file in the
student’s academic file;
(6) Assurances that the instructional
program will determine the type of assignments that students receive for the clinic
lab; that, as nearly as possible, the clinic lab assignments reflect the emphasis
of the student’s current and cumulative theory and laboratory experiences;
(7) School catalogs and/or
student enrollment agreements, that show the average time for students to complete
the requirements for the various certificate programs during the previous reporting
period;
(8) An annual report at the
time of relicensing to the Department showing the actual total hours of instruction
received by each student who has completed or left the school during the previous
reporting period;
(9) Assurances that no student’s
competency-based prescriptive training program will be significantly altered or
regulated in any way, once the student and the school administration have signed
a competency-based agreement; and
(10) When the school informs
a student that he/she is competent, the student may elect to leave the school with
a diploma at that time or stay in school until he/she has been trained for an amount
of time equal to the training hours listed in section (1) of this rule, and no additional
tuition may be charged. The student shall notify the school of his/her decision
within two weeks of notice of competency.
Stat. Auth.: ORS 345.325 & 345.400
Stats. Implemented: ORS 345.400
Hist.: HECC 6-2014, f. &
cert. ef. 12-18-14


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