Public School Licensing Essay, Research Paper
Section 1. Purposes. The purposes of the rules are: (a) To establish a procedure
for the licensing of post secondary education institutions (colleges,
universities, correspondence schools offering degrees, etc.) with the exception
of the University of Wyoming and the Community Colleges of Wyoming (21-2-102 and
21-2-103) or any post-secondary post secondary education institution possessing
current accreditation by a recognized and accepted accrediting agency. (b) To
establish minimum standards for post secondary education institutions until
accreditation by a recognized and accepted accrediting agency may be achieved.
(c) To protect persons enrolled in a course of study in post secondary education
institution. Section 2. Authority. These rules are promulgated pursuant to W.S.
21-2-401 and 403 of the Private School Licensing Act, and have been adopted by
the Wyoming State Board of Education in accordance with the Wyoming
Administrative Procedure Act (W.S. 16-3-101 through 16-3-115). They are
effective upon filing with the Secretary of State. Section 3. Applicability.
These rules govern the operation of all post secondary education institutions
not accredited by a recognized and accepted accrediting agency as defined by
rules of the Wyoming Department of Education, which are located within the
state, or have their principal place of business out of state but do business in
the state. These rules do not apply to any parochial, church, or religious
school as defined by W.S. 21-4-101(a)(iv), home-based educational programs as
defined by W.S. 21-4- BC 101(a)(v), aircraft flight training schools approved
and authorized by the Federal Aviation Agency of the United States of America,
or a school teaching techniques of outdoor recreation, leadership, ecology, or
conservation domiciled in the state of Wyoming. nor do they apply to post
secondary Instit accredited by a recognized and accepted accrediting agency
Section 4. Amendment of Rules. Any amendments to these rules shall become
effective upon filing with the Secretary of State. Section 54. Definitions. (a)
"Agent" means any person owning any interest in, employed by, or
representing for remuneration or other consideration a post secondary education
institution located within or without this state who enrolls or who, in places
other than the principal school premises, offers or attempts to secure the
enrollment of any person within this state for education in a post secondary
education institution. (b) "Attorney General" means the Attorney
General of the State of Wyoming. (c) "Degree" means any award, earned
or honorary, conferred with the designation of associate, baccalaureate, master,
professional, specialist or doctorate. (d) "Post Secondary Education
Institution" means any post secondary institution offering a degree, earned
or honorary, conferred with the designation of associate, baccalaureate, master,
professional, specialist or doctorate. (e) "License" means a
non-transferable document issued by the Wyoming Department of Education to a
post secondary education institution located within this state or located
outside the state, but whose agent solicits students from within the state in
the name of such Institution, which permits the Institution to solicit, offer,
and maintain a course(s) of instruction or study in compliance with the
provision of the Private School Licensing Act and the rules of the Wyoming State
Board of Education promulgated pursuant to the Act. (f) "Recognized and
Accepted Accreditation Agency" includes those agencies recognized by the
United States Department of Education through National Advisory Committee on
Accreditation and Institutional Eligibility. If the post secondary education
institution originates in a foreign country, accreditation recognized and
accepted by that country’s Department of Education or equivalent agency is
required. (g) "StaDepartment" means Wyoming Department of Education.
(h) "StateBoard" means Wyoming State Board of Education. (i)
"Licensing year" is from July 1 through June 30 of the following
calendar year. Section 65. Granting, Refusing or Revoking Licenses. Denial,
suspensions, or revocations of a license may occur when it is found that a
school has failed to comply with Wyoming Post Secondary Education Institution
Licensing statutes and the Post Secondary Education Institution rules adopted by
the Wyoming State Board of Education. Such action will be governed by the
Wyoming Administrative Procedure Act (W.S. 16-3-101 through 16- BC 3-115).
Licensure is not required once accreditation is achieved from a recognized and
accepted accreditation agency and documentation of such is provided to the
office of the Secretary of State and the Department. Section 6. Licensing
Application Procedure. Application for a license shall be made to the
Department. The applicant must submit the following: (a) Documentation that the
institution: (i) is currently seeking appropriate accreditation and detailing
steps taken during the year to achieve that goal, or (ii) is not seeking
accreditation and explaining why it is not necessary to achieve its goals. (b)
The application shall be accompanied by a certified check or money order made
payable to the Wyoming Department of Education in the amount of one thousand
dollars ($1,000.00) for the school license, which covers a five year licensing
period (c) The application shall be accompanied by a certified check or money
order payable to the Wyoming Department of Education in the amount of one
hundred dollars ($100.00) for each agent (to be renewed annually). (d) A
performance bond or other form of security to be approved by the Attorney
General. (This bond or other form of security must be on a form prescribed by
the Department and shall be in the amount of $50,000.00.)) Such bond or other
form of security shall be renewed on July 1 of each year as long as the school
retains its license to do business in Wyoming. The Department will be custodian
of all bonds or other form of security and may render administrative assistance,
but not legal assistance, to aggrieved persons who may be entitled to relief
under the bond. (e) A copy of each enrollment contract form. (f) A statement of
tuition, fees, and all other charges. (g) A copy of the refund schedule (See
Section 9). (h) A description of instructional methods and an instructional
outline used by the institution, including methods for assigning, monitoring and
evaluating work, awarding credit, and granting degrees. (i) A copy of a diploma
for each degree offered. (j) A copy of the attendance record form. (k) A copy of
each school catalogs, bulletins, and other published materials, advertising, and
circulars. (l) A completed professional credentials form for each director,
supervisor, instructor, teacher, and agent, official copies of academic
transcripts verifying academic status, verification of educational degrees
attained, the names of the institutions granting the degrees and if the
defined by department rule and regulation. (m) A current financial statement
prepared or audited by a certified public accountant. Section 7. Term and
Renewal of License. The following provisions shall govern the term, conditions,
and renewal of license: (a) The license granted to a post secondary education
institution will be valid for a period of five years measured from the first day
of July preceding the date on which the license is issued. (b) During the term
of the license, the licensee shall provide annual update information concerning
all items in Section 6 above on the form prescribed from by the Department. c) A
licensee may, upon 30 days written notice, be required to provide to the
Department updated information concerning all items in Section 6 above as well
as any other information the Department may request, either by a standardized
renewal application form or specific request to an individual licensee. (d) The
Department will assess an annual fee to each licensee in connection with the
submission of annual update information. The amount of the fee shall be included
in the form. Section 8. Minimum Standards. The post secondary education
institution must comply with the requirements listed below and is subject to
periodic monitoring by the Department: (a) Retain on file all items requested in
Section 6. (b) Provide adequate space, equipment, instructional material and
instructional personnel to provide academic instruction commensurate with course
offerings. (c) Ensure that administrative and instructional staff meet
appropriate education and experience qualifications to assure that students will
receive educational services consistent with the stated objectives for which the
educational services were offered. (d) Define the minimum grades considered
satisfactory, conditions for interruption due to unsatisfactory progress,
descriptions of probationary periods if any, and conditions for re-entrance for
those students dismissed for unsatisfactory progress. (e) Comply with all city,
county, state, and federal regulations pertaining to post secondary education
institution. (f) Utilize no advertising which tends to mislead students or
falsify information regarding job placement or accreditation. If a post
secondary education institution wishes to refer to the fact that it is licensed
in "the State of Wyoming," it shall refer to the fact only in the
following phraseology: "Licensed by the State of Wyoming under W.S.
21-2-401 through 21-2-407." (g) Award no degree, earned or honorary,
granted solely on the basis of payment of tuition or fee. No degree may be
given, awarded, or granted solely on the basis of credit earned at another
school or schools, on the basis of credit for life experience or other
equivalency, on the basis of testing out, on the basis of research and writing,
or solely on the basis of any combination of these factors. (h) Have or employ
no owners, administrators, directors, and instructors who have been convicted of
a felony or high misdemeanor pertaining to fraud, sexual assault, child abuse,
or other job-related reprehensible conduct in accordance with W.S. 21-2-403. (i)
Cooperate in the scheduling and conduct of an on-site visit to the principal
place of business of the institution by a representative of the Department, in
accordance with the following: (i) The on-site visit shall be conducted not less
frequently than every three years and may be conducted more frequently if
requested by the Department. (ii) The reasonable and proper expense of all
on-site visits shall be borne by the institution visited. The expense shall
include the reasonable and proper expenses of the Departments representative and
the per diem rate consistent with travel policies adopted by the State of
Wyoming. (iii) Payment of expenses relating to visitation within thirty (30)
days of presentation shall be made by that institution. Failure to make such
payment when due shall constitute grounds for immediate denial, suspension or
revocation of the license relating to the institution visited. (iv) Written
findings concerning the inspection of the institutions principal place of
business shall be submitted to the institution visited and to the Board within
thirty (30) days. Section 9. Refund Policy. All post secondary education
institutions licensed by the Department will utilize a refund policy that
parallels refund policies recommended by the United States Department of
Education. Section 10. Conflict Resolution Policy. The Department shall process
complaints by students of post secondary education institutions licensed by the
Department as follows: (a) All complaints shall be submitted to the Department
in writing and signed by the complainant. Such complaints shall set forth with
reasonable clarity and completeness the facts upon which the complaint is based
as well as the precise nature of the relief sought by the complainant. (b) Upon
receipt of a complaint, the Department shall advise the post secondary education
institution of the complaint, shall enclose a copy of the letter of complaint
and shall request that the institution respond to the charges within ten (10)
days. (c) A copy of the institutions letter of response is then forwarded to the
complainant. If, after reviewing the response, the complainant wishes to pursue
the complaint, an investigation shall be conducted by a representative of the
Department. (d) Upon completion of its investigation, the Department may do one
or more of the following: (i) Recommend terms of resolution to the appropriate
party/parties. (ii) Dismiss the complaint if it finds the complaint not to be
warranted. (iii) Forward the complaint to the Attorney General for further
action under the consumer protection laws in existence at that time in Wyoming.
(e) The Department shall keep on file for each licensed institution each
complaint received, the records obtained during any investigation by the
Department and any documents pertaining to action taken by the Department or
informal resolution reached between the complaining party and the institution.
The complaint file for each institution shall be retained for at least five (5)
years. (f) The board may take into account the history of complaints against a
licensed institution as well as the history of resolution of those complaints
when making determinations concerning the issuance, renewal, suspension or
revocation of any license. Section 11. Suspension and Revocation of License.
Subject to the requirements of the Wyoming Administrative Procedure Act, the
Board may immediately suspend or revoke the license of any institution which
fails to correct any violation of the licensing statues or these rules and
regulations after being given thirty (30) days written notice by the Department
of the nature of the violation and the action required to correct it. Written
notice of a violation shall be deemed given three days after first class mailing
by the department to the licensees most current address on file with the
Department.