PRIVATE SCHOOL REGISTRATION FOR POSTSECONDARY DEGREE GRANTING EDUCATION INSTITUTIONS. Chapter 30

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1 PRIVATE SCHOOL REGISTRATION FOR POSTSECONDARY DEGREE GRANTING EDUCATION INSTITUTIONS Chapter 30 Section 1. Authority. These rules are promulgated pursuant to W.S through of the Private School Licensing (PSL) Act. Section 2. Purpose. The purpose of these rules is to establish a monitoring procedure for the registration of private postsecondary degree granting education institutions per W. S through Section 3. Applicability. These rules govern the operation or registration of all private postsecondary degree granting education institutions which are located within the state, or have their principle place of business out of state but are doing business in the state. These rules do not apply to any parochial, church, or religious school as defined by W.S (a)(iv), home-based educational programs as defined by W.S (a)(v), aircraft flight training schools approved and authorized by the Federal Aviation Agency of the United States of America. Section 4. Promulgation, Amendment or Repeal of Rules. Any amendments to these rules shall become effective as provided by the Wyoming Administrative Procedure Act (W.S through ). Section 5. Definitions. (a) Accredited means accredited by an accrediting association recognized by the United States Department of Education. (b) in Wyoming. (c) registration. (d) Agent means any person representing a registered institution who solicits students residing Applicant means any private postsecondary degree granting institution applying for Attorney General means the Attorney General of the State of Wyoming.

2 (e) Candidacy/Candidate means having acceptance by an accrediting association recognized by the United States Department of Education and is in the process of becoming fully accredited by that association. For the purposes of these rules candidate and applicant shall have the same meaning. (f) Degree means any award, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate. (g) (h) Department means the Wyoming Department of Education. Institution means any Private Postsecondary Education Institution. (i) Private Postsecondary Education Institution means any private postsecondary degree granting institution, all trade, correspondence, distance education, technical, business, or other private schools, offering a degree, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate; and shall be referred to as institution in this document. (j) Proof of accreditation means a statement of affiliation status, a certificate of accreditation, or formal notification from a recognized accreditation association. (k) Recognized accreditation association means those associations recognized by the United States Department of Education. (l) Registrant means the private postsecondary degree granting education institution seeking or holding a registration under these rules, both the institution bearing the name in which the registration is sought to be or was issued, and any other business entity comprised of substantially the same directors, officers, stockholders or employees, whether or not the institution s name is the same. (m) Registration means a non-transferable certificate issued by the Wyoming Department of Education to a private postsecondary education institution located within this state or located outside the state. (n) Superintendent means the Wyoming State Superintendent of Public Instruction. Section 6. Registration. (a) By July 1, 2006, all private postsecondary degree granting institutions licensed to operate or doing business in the State of Wyoming must submit an application to the Department as specified in Sections 7 and 8 of these rules. (i) Private postsecondary degree granting institutions must submit an application as specified in Section 7 of these rules.

3 (ii) All private postsecondary degree granting institutions seeking candidacy/applicant status must submit an application as specified in Section 8 of these rules. (b) Any private postsecondary degree granting institution entering Wyoming after July 1, 2006, with the intent of operating and doing business in this state, shall notify the Department in a manner and within the time prescribed by rule and regulation of the Department. Notification shall include submission of a performance bond or form of security in an amount and in the manner prescribed by section 8 of these rules. Section 7. Registration Certificate Requirements for Accredited Institutions. (a) Application for either an initial or renewal registration certificate shall be made annually on a form specified by the Department, and the application must include: (i) Proof of accreditation from the accrediting association recognized by the United States Department of Education along with the prescribed application form. (ii) A certified check or money order made payable to the Wyoming Department of Education in the amount of one hundred dollars ($100.00) for the institution s registration if the applicant is accredited. Section 8. Registration Certificate Requirements for Candidate/Applicant Institutions. (a) An institution making initial application for approval as a registered, private postsecondary institution, who is not currently accredited by an accrediting association recognized by the United States Department of Education, may seek candidacy/applicant status for a period up to five (5) years. The application must include the following: (i) An application for an initial registration certificate (initial and renewal) shall be made on a form specified by the Department. (ii) 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 institution s registration. (iii) A ten thousand dollar ($10,000) bond, approved by the Attorney General shall be maintained throughout the candidacy period. (A) Before any institution is registered under this article and before any private degree granting private postsecondary education institution operates in this state under a registration issued under accreditation candidacy or application status or under notification it shall submit to the Department a ten thousand dollar ($10,000.00) performance bond or other form of security totaling ten thousand dollars ($10,000.00).

4 (B) The bonds or other form of security shall be approved by the attorney general and shall be renewed annually as long as the institution retains its license or registration to do business in Wyoming or until the institution receives accreditation. (iv) Proof of an approved candidate application for accreditation from an association approved by the United States Department of Education. (v) A plan for monitoring the steps defining progress toward accreditation, developed by the Department for achieving accreditation from the selected accrediting association recognized by the United States Department of Education. The plan shall include at a minimum: (A) A detailed timeline addressing its rate of completion of the critical milestones of the accreditation process at the recommended dates by the accrediting association. status. (B) All correspondence that would pertain to a change in candidate/applicant (vi) A formal agreement between the institution and the Department to maintain candidacy/application status for no longer than the recommended time period by the accrediting association. The agreement shall also specify the scheduled steps of the critical milestones to be undertaken by the institution to achieve accreditation. (b) Annually in February, the applicant shall submit to the Department a progress report and formal proof, in writing, from the accrediting association showing the progress the applicant has made towards obtaining accreditation. (c) Extensions of the five (5) year or timeframe of the formal agreement shall not be extended except for good cause. Good cause shall not be recognized by the Superintendent for the following reasons: (i) (ii) (iii) (iv) (v) (vi) Change of ownership, management or instructional staff by the applicant; Change of location of the applicant s campus; Change of programs of instruction; Change of financial status of applicant; Change of name of institution; Change of accrediting association prior to achieving accreditation; (vii) Any other change that is caused by the applicant and is determined by the Superintendent not to be good cause for an extension.

5 Section 9. Term and Renewal of Registration Certificate. (a) The registration granted to a private postsecondary education institution will be valid for a period of one (1) year measured from the first day of July preceding the date on which the registration is issued. (b) Renewal of registration shall be submitted to the Department on the prescribed form. (c) Renewal of registration shall be submitted to the Department by June 1 for every year renewal is requested. (d) Failure of an institution to request renewal of its registration certificate by June 1 preceding the year it wishes renewal or initial registration may result in a denial of registration by the Department. Section 10. Registration of Agents. (a) Agents of institutions shall register with the Department and pay a fee of one hundred dollars ($100.00) annually. (b) (c) institution. No institution or its agent shall solicit business in any public school within this state. W.S. No institution or its agent will provide lists of students or list of prospects to a non-registered (d) No institution or its agent shall claim or advertise to prospective or enrolled students that it is accredited in the United States unless the named accrediting association, commission or other entity is approved by the United States Department of Education. Section 11. Suspension or Revocation, Denial of Registration Certificates (a) Subject to the requirements of the Wyoming Administrative Procedure Act, the Department may suspend, revoke or non-renewal a registration certificate issued under these rules to an institution for the following reasons: (i) (ii) (iii) (iv) Loss of accreditation status. Loss of accreditation candidacy or application status. Failure to maintain the required bond. Violation of state or federal laws by the institution or its agent.

6 (b) A finding that an institution, or its agent, violated a state or federal rule or regulation relating to the application, committed, or is charged with, a fraudulent act, or a fraudulent representation, may result in forfeiture of the full amount of the bond and loss of the registration certificate. (c) The Wyoming Administrative Procedure Act (W.S through ) shall govern the suspension, revocation or denial of an institution s registration. (d) No institution shall file an application for registration, nor shall any registration be granted to an institution, for a period of two (2) years after a registration has been suspended, revoked or denied by the Department. (e) No institution shall file an application for registration, nor shall any registration be granted to an institution, if the institution has any past or present common ownership, management, marketing or other operation of any kind with an institution whose registration has been suspended, revoked or denied under these rules. Section 12. Contested Cases of Departmental Decisions. (a) The Department shall notify the institution, or its agent, of a Departmental decision by certified mail, return receipt requested. (b) The Department shall state the reasons which warrant the intended suspension, revocation or denial of registration certificate in its notification to the institution, or its agent, and give opportunity to the institution, or its agent, to show it has complied with all lawful requirements under this rule. (c) An institution or its agent may contest a Departmental decision on suspension, revocation or denial of registration certificate within forty-five (45) calendar days of the date the institution, or its agent, receives the Department s decision. (d) Contested Cases shall be conducted according to the Rules for Contested Case Procedures before the Office of Administrative Hearings and applicable Department contested case rules. (e) No request for hearing received by the Department more than forty-five (45) calendar days after the date of the decision will be considered. (f) The Department is the custodian of all bonds and other securities filed under this section. Section 13. Penalties. (a) Any person violating the provisions of this article may be found guilty of a criminal misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), by imprisonment in the county jail not to exceed six (6) months, or both.

7 (b) Each solicitation of enrollment or each transaction of business without a license, registration certificate or without providing notification to the Department constitutes a separate offense. (c) Any person violating the provisions of this article may also be enjoined from the continuation of the violation by proceedings brought by the attorney general, any district attorney, any school official or any aggrieved citizen, regardless of whether criminal proceedings have been instituted.

8 WYOMING DEPARTMENT OF EDUCATION CHAPTER 30 APPLICATION FOR REGISTRATION FOR ACCREDITED POSTSECONDARY DEGREE GRANTING INSTITUTIONS Registration for the period of July 1, 2006 through June 30, 2007 Application is hereby made for a private school registration pursuant to Wyoming Statutes thru and in accordance with the Chapter 30 Rules and Regulations of the Wyoming Department of Education. 1. A $100 fee must accompany this application. 2. Proof of accreditation from an agency recognized by the United States Department of Education (USDE) shall be attached to this application. Name of accrediting Association 3. Accrediting association is recognized by the USDE Yes No Date of Application: Initial Renewal Name of Institution: Physical Location of Institution: Mailing Address of Institution: Institution s Phone Number: Fax Number: Web Site Address of Instructional Site in Wyoming: (Check if same as above) Local Director: Phone: Method of Operation: Residence Distance Learning Combination Is the Institution a branch of another institution? (Y/N) If yes: The applicant institution is a branch of: Address of parent institution (street, city, state, zip) The above information is true and correct to the best of my knowledge and belief. Signed by: Title: Date: Appendix A

9 WYOMING DEPARTMENT OF EDUCATION CHAPTER 30 APPLICATION FOR REGISTRATION OF NON-ACCREDITED CANDIDATE/APPLICANT POSTSECONDARY DEGREE GRANTING INSTITUTIONS Registration for the period of July 1, 2006 through June 30, 2007 Application is hereby made for a private school registration pursuant to Wyoming Statutes thru and in accordance with the Chapter 30 Rules and Regulations of the Wyoming Department of Education. 1. A $1000 fee must accompany this application. 2. A $10,000 bond (WDE 850D) or other security (WDE 850E) must accompany this application. 3. Proof of approved application (candidate) status from an accrediting association recognized by the United States Department of Education must be attached to this application. 4. A plan for monitoring the steps defining progress toward accreditation including a detailed timeline must accompany this application. 5. A formal agreement between the institution and the Wyoming Department of Education to maintain candidacy/application status shall be submitted prior to approval of this application. This will be completed in collaboration with the Wyoming Department of Education following receipt of items 1-4 listed above. Date of Application: Name of Institution: Physical Location of Institution: Mailing Address of Institution: Institution s Phone Number: Fax Number: Web Site Address of Instructional Site in Wyoming: (Check if same as above) Local Contact Person: Phone: Method of Operation: Residence Distance Learning Combination Is the Institution a branch of another institution? (Y/N) If yes: The applicant institution is a branch of: Address of parent institution (street, city, state, zip) The attached information is true and correct to the best of my knowledge and belief. Signed by Printed Name Title: Date: Appendix B

10 WYOMING DEPARTMENT OF EDUCATION CHAPTER 30 APPLICATION FOR REGISTRATION OF AGENT Pursuant To The Senate Enrolled Act 31 of 2006 Registration for the period of July 1, 2006 through June 30, 2007 Date of Application: Name of Institution: Physical Location of Institution Mailing Address of Institution: Institution s Phone Number: Fax Number: Web Site Address of Instructional Site in Wyoming: (Check if same as above) Local Director: Phone: Name of Agent: Address of Agent: Agent s Phone Number: The above information is true and correct to the best of my knowledge and belief. Signed by: Printed Name: Title: Date: Appendix C