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74-32,169. Certificate of approval; compliance with minimum standards required. The state board shall issue a certificate of approval to an institution when the state board is satisfied that the institution meets minimum standards established by this act, and by rules and regulations adopted pursuant to this act to ensure that:

(a) Courses, curriculum and instruction are of such quality, content and length as may reasonably and adequately ensure achievement of the stated objective for which the courses, curriculum or instruction are offered;

(b) institutions have adequate space, equipment, instructional material and personnel to provide education and training of good quality;

(c) educational and experience qualifications of directors, administrators and instructors are such as may reasonably ensure that students will receive instruction consistent with the objectives of their program of study;

(d) institutions maintain written records of the previous education and training of students and applicant students, and that training periods are shortened when warranted by such previous education and training or by skill or achievement tests;

(e) except as approved by the state board, no earned certificate or degree is given, awarded or granted solely on the basis of any of the following:

(1) Payment of tuition or fees;

(2) credit earned at any other school;

(3) credit for life experience or other equivalency;

(4) testing out; or

(5) research and writing;

(f) no honorary degree is given, awarded or granted by any institution that does not give, award or grant an earned degree, and no fee or other charge is assessed for giving, awarding or granting an honorary degree;

(g) a copy of the course outline, schedule of tuition, fees and other charges, settlement policy, rules pertaining to absence, grading policy and rules of operation and conduct are furnished to students upon enrollment;

(h) upon completion of training or instruction, students are given certificates, diplomas or degrees as appropriate by the institution indicating satisfactory completion of the program;

(i) adequate records are kept to show attendance, satisfactory academic progress and enforcement of satisfactory standards relating to attendance, progress and conduct;

(j) institutions comply with all local, state and federal regulations;

(k) institutions are financially responsible and maintain adequate financial records, which for institutions receiving federal title IV student financial aid, includes financial aid information and loan default rates;

(l) institutions are capable of fulfilling commitments for instruction;

(m) institutions do not utilize erroneous or misleading advertising, either by actual statement, omission or intimation;

(n) institutions have and maintain a policy, subject to state board approval, for the refund of unused portions of tuition, fees and other charges if a student enrolled by the institution fails to begin a course, withdraws or is discontinued from such course at any time prior to completion. Such policies shall take into account those costs of the institution that are not diminished by the failure of the student to enter or complete a course of instruction;

(o) institutions adopt, publish and adhere to a procedure for handling student complaints. Institutions shall post information so that students will be aware of the complaint process available to them. The information shall be posted in locations that are used or seen by all students on a regular basis such as the institution's website, enrollment agreement, catalog or other media;

(p) in accordance with applicable state and federal data protection laws, institutions take appropriate measures to protect students' personally identifiable information and promptly address any breach or unauthorized disclosure of any student's personally identifiable information;

(q) institutions publish the following information as required by the state board of regents:

(1) Graduation rates;

(2) placement rates and other information indicating actual employment and earnings in relevant occupations after successful completion of offered programs; and

(3) loan default rates.

History: L. 2004, ch. 185, § 9; L. 2010, ch. 150, § 5; L. 2021, ch. 17, § 11; July 1.

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