§ 10a-22b — (Formerly Sec. 10-7b). Certificate of authorization as private career school. Application. Evaluation.

Connecticut § 10a-22b

• Jurisdiction: Connecticut
• Title 10a: State System of Higher Education
• Ch. 185: Administration of State System

Text

(a) No person, board, association, partnership, corporation, limited liability company or other entity shall offer instruction in any form or manner in any trade or in any industrial, commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the commissioner a certificate authorizing the occupational instruction to be offered. (b) Except for initial authorizations, the commissioner may accept institutional accreditation by an accrediting agency recognized by the United States Department of Education, in satisfaction of the requirements of this section and section 10a-22d , including the evaluation and attendance requirement. Except for initial authorizations, the commissioner may accept programmatic accreditation in satisfaction of the requirements of this section and section 10a-22d with regard to instruction offered by a hospital unless the commissioner finds reasonable cause not to rely upon such accreditation. (c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the commissioner, or the commissioner's designee, in such manner and on such forms as the commissioner, or the commissioner's designee, prescribes, an application for a certificate of authorization. Each application for initial authorization shall be accompanied by a nonrefundable application fee made payable to the private career school student protection account. Such application fee shall be in the amount of two thousand dollars for the private career school and two hundred dollars for each branch of a private career school in this state, except that, each application for initial authorization submitted on and after the effective date of the regulations adopted pursuant to section 10a-22k , shall be accompanied by a nonrefundable application fee in the amount specified in such regulations. Any application for initial authorization that remains incomplete six months after the date such application was first submitted to the Office of Higher Education shall expire and the office shall not approve such expired application for authorization. (d) Each person, board, association, partnership, corporation, limited liability company or other entity seeking to offer occupational instruction shall have a net worth consisting of sufficient liquid assets or produce other evidence of fiscal soundness to demonstrate the ability of the proposed private career school to operate, achieve all of its objectives and meet all of its obligations, including those concerning staff and students, during the period of time for which the authorization is sought. (e) Upon receipt of a complete application pursuant to subsection (c) of this section, the commissioner shall cause to be conducted an evaluation of the applicant school. Not later than sixty days (1) after receipt of a complete application for initial authorization, or (2) prior to expiration of the authorization of a private career school applying to renew its certificate of authorization pursuant to section 10a-22d , the commissioner, or the commissioner's designee, shall appoint an evaluation team, pursuant to subsection (f) of this section, except that on and after the effective date of the regulations adopted pursuant to section 10a-22k , the evaluation team shall be appointed pursuant to such regulations, to conduct such evaluation of the applicant school. The evaluation team shall submit a written report to the commissioner recommending authorization or nonauthorization after an on-site inspection. Not later than one hundred twenty days following the completed appointment of the evaluation team, the commissioner shall notify the applicant school of authorization or nonauthorization. The commissioner may consult with the Labor Department and may request the advice of any other state agency which may be of assistance in making a determination. In the event of nonauthorization, the commissioner shall set forth the reasons therefor in writing and the applicant school may request in writing a hearing before the commissioner. Such hearing shall be held in accordance with the provisions of chapter 54. (f) For purposes of an evaluation of an applicant school, the commissioner, or the commissioner's designee, shall appoint an evaluation team which shall include (1) at least two members representing the Office of Higher Education, and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the commissioner within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the commissioner within ten business days from the date such challenge is filed, and if the challenge is upheld the commissioner shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The commissioner, or the commissioner's designee, shall not appoint any person to an evaluation team unless the commissioner, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the commissioner and shall be signed under penalty of false statement. Except for any member of the evaluation team who is a state employee, members may be compensated for their service at the discretion of the commissioner and shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school. (g) The evaluation team appointed pursuant to subsection (f) of this section shall: (1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of noncompliance; (3) give the school thirty days from the date of the report to provide evidence of compliance; and (4) submit to the commissioner a written report recommending authorization or nonauthorization not later than one hundred twenty days after the on-site inspection. The evaluation team shall determine whether (A) the quality and content of each course or program of instruction, including, but not limited to, residential, on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (C) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, and termination, withdrawal and refund policies; (E) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (F) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (G) the applicant school shall be financially sound and capable of fulfilling its commitments to students; (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate; and (I) the school and any branch of the school in this state has a director located at the school or branch who is responsible for daily oversight of the school's or branch's operations. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school. (h) Not later than January 1, 2025, the Office of Higher Education shall develop a survey to be completed by students of a private career school during an evaluation conducted pursuant to subsection (e) of this section for each private career school applying to renew its certificate of authorization pursuant to section 10a-22d . Such survey shall include, but need not be limited to, questions concerning the quality of each course or program of instruction in which a student is or was enrolled. Each evaluation team appointed pursuant to subsection (f) of this section on or after January 1, 2025, shall administer such survey to students as part of its evaluation of a private career school. See Sec. 10a-22p re disclosure of claim limitation clause in student enrollment contracts.

Legislative History

(P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93-294, S. 2, 17; P.A. 97-138; May 9 Sp. Sess. P.A. 02-7, S. 14; P.A. 06-150, S. 2; P.A. 07-164, S. 2; 07-166, S. 4, 5; P.A. 08-116, S. 8; P.A. 09-99, S. 1; P.A. 11-48, S. 233, 234; P.A. 12-156, S. 23; P.A. 13-208, S. 64; P.A. 16-155, S. 2; P.A. 17-139, S. 2, 3; P.A. 18-36, S. 1; P.A. 21-45, S. 1; P.A. 22-123, S. 12; P.A. 24-81, S. 138; 24-116, S. 1.) History: P.A. 83-501 amended Subsec. (b)(8) to provide that financial statement is to be prepared by management of the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased the number of days the state board of education has to make a decision on a challenge from 14 to 45; P.A. 89-251 increased the application fee from $250 to $500; P.A. 90-198 in Subsec. (d) allowed a designee of the commissioner to appoint an evaluation team, added to the team an additional member representing the state board of education, removed the member who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted 10 business days for 14 days as the time within which a challenge shall be filed, substituted the commissioner of education for the state board of education as the person to make decisions on challenges, decreased the number of days to make a decision on a challenge from 45 days to 10 business days, allowed employees of the state or political subdivisions to be members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section and Sec. 10a-22d, except for initial authorizations; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by adding reference to attendance requirement, effective August 15, 2002; P.A. 06-150 amended Subsec. (a) to include limited liability companies as entities required to receive certificate of authority, change “occupational” instruction to instruction “in any form or manner in any trade, or in any industrial, commercial, service, professional or other occupation” and designate part of subsection as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to require application for certification to include names and addresses of members of school, financial statements to be prepared by independent licensed certified public accountant or independent licensed public accountant and designation of agent for service of process and to increase application fee from $500 to $2,000, payable to private occupational school student protection account, redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to change time period for notification of authorization or nonauthorization from “within ninety” to “not later than one hundred twenty” days, redesignated existing Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended subsection to add new Subdivs. (1) to (4) re requirements of evaluation team, redesignate existing Subdivs. (1) to (8) as Subparas. (A) to (H), include “residential, on-line, home study and correspondence” in Subpara. (A) and change “cancellation” to “termination, withdrawal” in Subpara. (D), and added “commissioner's designee” and made conforming and technical changes throughout section; P.A. 07-164 amended Subsec. (c) to require application for certificate of authorization to include in student enrollment agreement and school catalog a description of requirements for and barriers to employment for each program of occupational instruction and to make a technical change; P.A. 07-166 made technical changes in Subsecs. (a) and (f), effective June 19, 2007; P.A. 08-116 added Subsec. (g) re certificate of authorization application requirements for hospital-based occupational schools, effective July 1, 2008; P.A. 09-99 amended Subsec. (c) by adding references to Subsec. (d) and Sec. 10a-22d(g) in Subdiv. (8) and adding provision re application fee of $200 for each branch in Subdiv. (9), added new Subsec. (d) re applicants' fiscal soundness, redesignated existing Subsecs. (d) to (g) as Subsecs. (e) to (h), amended redesignated Subsec. (e) by replacing “Board of Governors” with “commissioner” re hearing request, amended redesignated Subsec. (g) by adding Subpara. (I) requiring director to be located at school and any branch, and made conforming and technical changes, effective July 1, 2009; P.A. 11-48 amended Subsec. (f) to replace references to Commissioner of Higher Education with references to executive director and “Board of Governors” with “institutions of public higher education” and amended Subsec. (h) to replace references to Commissioner of Higher Education with references to executive director, effective July 1, 2011 (Revisor's note: In Subsecs. (a), (b), (c), (e) and (g), “commissioner” and “commissioner's” were changed editorially by the Revisors to “executive director” and “executive director's”, respectively, to conform with changes made by P.A. 11-48, S. 232); P.A. 12-156 amended Subsec. (f)(1) by replacing “institutions of public higher education” with “Office of Higher Education”, effective June 15, 2012; P.A. 13-208 added Subsec. (i) re instruction in barbering or hairdressing, effective July 1, 2013; P.A. 16-155 amended Subsec. (b) by adding provision re acceptance of programmatic accreditation for instruction offered by a hospital, amended Subsec. (c) by adding provision re nonaccredited school offering instruction in barbering or hairdressing, amended Subsec. (e) by adding provision re appointment of evaluation team and making technical changes, amended Subsec. (f) by adding provision re compensation of members of evaluation team, amended Subsec. (g) by replacing “sixty” with “thirty” and amended Subsecs. (h) and (i) by replacing “instruction” with “postsecondary career instruction”, effective July 1, 2016; P.A. 17-139 amended Subsec. (c)(8) by deleting “offering instruction in barbering or hairdressing and” and amended Subsec. (i) by replacing “promise” with “fee” re program, school or other entity offering postsecondary career instruction, effective July 1, 2017; P.A. 18-36 amended Subsec. (b) by replacing “shall” with “may” and deleting “, unless the executive director finds reasonable cause not to rely upon such accreditation”, and amended Subsec. (c) by adding provision re expiration of incomplete application after 6 months, effective July 1, 2018; P.A. 21-45 amended Subsec. (c)(8) by replacing “enrolling fewer than ten students” with “receiving less than fifty thousand dollars in tuition revenue”, effective July 1, 2021; P.A. 22-123 amended Subsec. (c) by deleting Subdivs. (1) to (9), inclusive, re application requirements, adding “and on such forms” and allowing application fees to be specified in regulations, amended Subsec. (e) by allowing the evaluation team to be appointed pursuant to regulations and requiring a report be submitted to the executive director, deleted Subsecs. (h) and (i) re hospital-based occupational schools and barber and hairdressing occupational schools and changed “private occupational school” to “private career school” throughout, effective July 1, 2022; P.A. 24-81 replaced references to executive director of the Office of Higher Education with Commissioner of Higher Education, effective May 30, 2024; P.A. 24-116 added Subsec. (h) re student surveys to be completed during evaluations, effective July 1, 2024.