8 Colo. Code Regs. § 1504-1-III
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1504-1-III - MINIMUM STANDARDSIn addition to the minimum standards outlined in the Act, a school shall comply with the following standards and shall not be owned, operated by, or employ any person who is addicted to or dependent upon alcohol or any controlled substance or such person who is a habitual user of a controlled substance if the use, addiction, or dependence is reasonably found by the Board to present a danger to students, clients, or prospective clients.
A. Financial 1. To meet this minimum standard, the school, its owners, or guarantors shall demonstrate it has sufficient financial resources to:a. Provide instructional services as described in its application for the full duration of any program or course of instruction.b. Make refunds as required by the Act.2. A school submitting a provisional application for approval shall provide a statement of projected operations for a twelve (12) month period from the financial statement date.3. A school submitting documentation to establish financial stability shall provide at a minimum a complete set of compiled financial statements which includes a cover sheet, balance sheet, income and expense statement, source and use statement and all supportive notes, prepared by an independent public accountant or a certified public accountant using a format which reflects generally accepted accounting principles and procedures.B. Approval of Education Services 1. Schools shall offer only educational services through the method of delivery that has been approved by the Board. a. Program or stand-alone course approval applications shall state the program/course occupational objective and list any prerequisites for acceptance to the program, course, or stand-alone course. Program or stand-alone course approval applications must be submitted in a manner approved by the Board, including but not limited to, detailed curriculum, course schedules, equipment lists detailing the equipment to be used, and catalog course descriptions for each course to be taught within the program.b. The Board may require new and/or revised educational services to be evaluated by qualified professionals as defined by the Board.c. Distance education is an acceptable method of delivering educational services.(1) Courses and programs offered via distance education must meet the objectives set forth within the course curriculum and the requirements of this rule. Schools must submit documentation outlining the specifics of the distance education in the forms provided by the Division.2. All new programs and stand-alone courses and program revisions shall be submitted to the Board for review and approval prior to the proposed date of implementation. Said revisions shall be submitted in a manner which will allow a reasonable period of time for such review. Major program revisions will be considered by the Board. Minor program revisions will be reviewed by Division staff for compliance with minimum required standards and may be approved by staff. The Director reserves the right to submit any new or revised program and/or stand-alone course to the Board. A finding of noncompliance with minimum required standards will result in the submittal being returned to the school for changes necessary to meet compliance standards.3. Programs or stand-alone courses regulated by another agency must have and maintain continuous approval by the body before the program/stand-alone course can be presented to the Board or staff for action. The withdrawal of approval of a program/stand-alone course by the other regulatory agency will result in an automatic withdrawal of approval of the program/stand-alone course by the Board.4. Schools shall assess students prior to enrollment and shall only admit those who demonstrate a reasonable likelihood of success in completing the education/training and being employed in the field for which trained. Documentation of this assessment shall be included in each student's record. A high school diploma, GED, Ability to Benefit Test, or other assessment may be utilized to meet the minimum requirements of this section.5. The school shall provide adequate instruction, including having a sufficient number of qualified instructors to meet the needs of students.6. Externships/Internships - No internship or externship will be approved in a program if it requires students to be on duty more than eight hours per day for five consecutive days. Appropriate breaks must be included in the externship/internship schedule, pursuant to any and all existing state and federal laws. An externship/internship must be under the coordination of a qualified instructor. To be considered an externship or internship, the program shall:a. Be part of the approved curriculum of the school.b. Provide a designated school instructor who meets qualifications as defined in Rule III.E. and has oversight of the student's education at the internship/externship site.c. Have a written training plan that specifies the expected educational outcome.d. Designate an on-site supervisor who will guide the student's learning and who will participate in the student's evaluations.e. Be described in the school catalog and include the purpose and requirements of the course.f. Provide a schedule of time required for the training and include an expected completion date.g. The student extern/intern is not to replace an employee.h. Externships/internships may be paid or unpaid.i. If the externship/internship is part of the course requirements, students may not be considered as graduates or issued a graduation credential until the externship/internship has been satisfactorily completed.j. Externship/internship locations and available positions must be filed with the program application and/or revision. For each location and available position, the school must maintain documentation acceptable to the Board from an authorized representative of the location verifying that the location will provide the specified number of positions for a defined timeframe that corresponds with the program requirements. All externship/internship location contracts along with number of student positions shall be made available to the Division at time of such request/audit. The number of students enrolled in a program may at no time exceed the number of available externship/internship positions. Location of externship/internship shall be a location other than that of the school/institution where a student commences all remaining educational requirements. A school on-site clinic/lab in lieu of a program required externship/internship is not acceptable.C. Instructional Equipment, Facilities and Materials 1. Programs and stand-alone courses shall only be offered in institutional facilities that are appropriate for learning activities necessary to complete the occupational objective of the program.2. The equipment and facilities of each school shall conform to safety, health, and other applicable requirements of local, county, state, and federal agencies.3. Equipment shall be maintained in good shape and materials shall be available in sufficient quantities to permit skilled development at required levels by all students.4. Teaching aids, exclusive of basic supplies, must be as listed in the school catalog in effect at the time of the student's enrollment.D. Administrative staff1. The school shall have sufficient administrative, instructional and support personnel based on student enrollment and needs for educational and support services, including required record keeping.2. Each school shall designate an on-site school director for each approved campus.3. Each school shall designate at least one in-state agent.4. Each school shall designate a contact person responsible for instructional staff matters, including but not limited to maintaining and providing Division access to instructor qualification files.E. Educational staff 1.Program Supervision - each school offering associate degree programs shall assure supervision of each program area in at least one of the following ways: a. For programs of any size - by appointing a program supervisor who has the following qualifications: (1) A minimum of three years of successful teaching experience in the program area to be supervised; or at least one year of successful teaching experience in the program area to be supervised, plus the establishment of an acceptable program advisory committee whose members are qualified to advise the program supervisor on the program content, and(2) Meets the minimum qualifications for an instructor as defined in Rule III.E.2.b. For programs utilizing not more than two instructors - by establishing an acceptable program advisory committee whose members are qualified to advise the resident director on the program content.2.Instructional Staff - all instructional staff employed by a school shall possess the following minimum qualifications to deliver educational services in the program area to be taught: a. Except as otherwise provided in Rule III.E.2.b.(3)(a), each school shall be responsible for assuring and documenting that its instructors meet minimum qualifications. Within 30 days after a school hires a new instructor, the school shall submit to the Division, in the format required, certification that the instructor meets minimum qualifications.b.Minimum Qualifications: (1)Experience. In those occupational areas for which industry standards or a governmental agency require a license, certification, registration, journeyman's card, or similar regulatory credential ("Regulatory Credential") to engage in the occupation, a minimum of two years comprised of at least 4,000 hours of acceptable full or part-time equivalent employment/work experience must be documented. Any licensure, certification(s), registration(s), journeyman's card(s) or other similar regulatory credential(s) which must be continuously maintained and in good standing shall be required.(2)Education. For those occupations that do not require a license, certification, registration, journeyman's card or similar regulatory credential to engage in the occupation, either a minimum of five years comprised of at least 10,000 hours of acceptable full or part-time equivalent employment/work experience must be documented, or successful completion of an accredited or Board approved program in the occupational area as well as a minimum of two years comprised of at least 4,000 hours of acceptable full or part-time equivalent employment/work experience is required. Work experience in the occupational school after graduation may be credited toward the two-year requirement provided the work performed is related to the occupational area.(3)Background Check. A school shall only employ instructors who are of good reputation and free of moral turpitude. Consideration of past felonies involving moral turpitude or other crimes or offenses involving moral turpitude (offenses involving an act of baseness, vileness, or depravity in private or social duties owed to individuals or to society) ("offenses") must bear a reasonable relationship to the activity of providing occupational education. Past offenses shall be given consideration in determining whether instructional staff is of good reputation and free of moral turpitude at the time of application, however, past offenses do not automatically disqualify instructional staff. Instructional staff may meet minimum qualifications despite past offense(s) if they have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.(a) Instructional staff and prospective instructional staff who may be teaching in schools designated by the Board as teaching students under sixteen years of age ("minor student"), a list of such schools that is available by contacting the division, must submit fingerprints and pay the required fee to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint background check in accordance with § 23-64-110, C.R.S. (i) The Division Director shall give notice to any such instructor or prospective instructor when a fingerprint background check returned to the Board shows that the person has been convicted of, pled nolo contendere to, or received a deferred prosecution or deferred sentence for a felony or misdemeanor described in § 22-60.5-107(2)(b) or 2.5(a), C.R.S., or any other offense involving moral turpitude. The notice shall indicate that the instructor or prospective instructor may submit written data, views, arguments, or information with respect to the background check and any subsequent rehabilitation that would tend to show that he or she is prepared to accept the responsibilities of teaching minor students. The Division Director shall give notice to a school that employs or is considering employing an instructor subject to a background check that the instructor's or prospective instructor's qualifications are under review but the notice to the school shall contain no reference to or details of the results of the fingerprint background check.(ii) The Director will consider the results of the background check and the instructor's or prospective instructor's response to the notice and any other information deemed necessary to determining whether the instructor or prospective instructor is qualified. The instructor or prospective instructor will not be deemed qualified unless the instructor or prospective instructor provides clear and convincing evidence and reasons establishing that he or she has been rehabilitated and is ready to accept the responsibilities associated with teaching minor students. Such a prospective instructor whose results of the fingerprint background check are under review by the Division Director, for such circumstances identified herein, shall not commence instruction of any student under the age of sixteen (16) until such time that the Division Director notifies the school and prospective instructor that a favorable qualification to instruct has been determined. The Director will notify the instructor or prospective instructor of the Director's determination. Notice to the school shall only include an indication of whether the instructor is qualified or unqualified.(iii) The instructor or prospective instructor may file an appeal to an adverse Director's decision concerning qualification to instruct based on criminal history to the Board within 20 days after notice. The appeal shall state in writing the reasons for appealing the notice denying the qualification, including the facts, circumstances and/or arguments supporting its appeal. In the event the Board denies an appeal, the instructor or prospective instructor may request a hearing in accordance with the State Administrative Procedures Act. A final order of the Board is subject to judicial review in accordance with § 24-4-106, C.R.S. in an administrative hearing on instructor qualifications, a certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere or a deferred prosecution or deferred sentence shall be conclusive evidence of the court's action.(iv) All information related to the results of a fingerprint background check and any investigation of such results shall be treated as confidential data in accordance with § 23-64-109, C.R.S., except as necessary to conduct an investigation of qualifications, until such time as there may be a hearing in accordance with the State Administrative Procedures Act on the matter. A school that employs or is considering employing an instructor subject to a background check shall be notified when a review of instructor qualifications following submission of a background check is complete. Notice to the school shall include only an indication of whether the instructor is qualified or unqualified.c.Exceptions. (1) Modeling instructors - shall have a minimum of 1,000 hours of acceptable employment/work experience in modeling or related specialized occupations and completion of a modeling or specialized program in the occupational area(s) to be taught, or 2,000 hours of acceptable work/employment experience in the occupational area(s) to be taught.(2) Tax preparation instructors - shall have attained a minimum of 1,000 hours of employment/work experience in tax preparation within the last five years, 200 hours of such employment/work experience must have occurred within the last 24 months. In lieu of having acquired 200 hours within the last 24 months, the instructor may substitute a suitable tax preparation update course, which was successfully completed within the past 12 months, and which included at least five contact hours.(3) Securities Instructors - securities instructors offering educational services for occupations regulated by the United States Securities and Exchange Commission are exempt from the licensure, certification(s), registration(s), journeyman's card(s) or other similar regulatory credential(s) requirements of Rule III.E.2.b.(1).(4) General Education subject areas do not require verified occupational experience. Refer to Part I, paragraph T of these rules for the definition of general education.d.Compliance Standards. (1) Each school shall be responsible for assuring and documenting that its instructors meet minimum qualifications, except as provided in Rule III.E.2.C.(3). In a format prescribed by the Board, the school shall maintain an instructor qualification file for each instructor employed. Such instructor qualification file shall include data verifying employment/work experience, education and any applicable regulatory credentials including, but not limited to: (a) Instructor application(b) For instructors teaching in occupational areas for which industry standards or a governmental agency require regulatory credentials: (i) A copy of any educational credentials (degree certificate or diploma) showing completion of a training or degree program at an accredited or Board approved school in the occupational area(s) to be taught(ii) A copy of applicable license(s), certification(s), registration(s), journeyman's card(s) or similar regulatory credential(s) and a statement of good standing from the applicable board, agency, association, or similar regulatory body as identified in Rule III.E.2(b)(1).(c) For instructors teaching in occupational areas for which industry standards or a governmental agency do not require regulatory credentials:(i) A copy of any educational credentials in the occupational area(s) to be taught, or at a minimum, a transcript of courses with emphasis in the occupational area(s) to be taught or related areas sufficient to show that the instructor has a background of education adequate to enable the instructor to carry out the stated objectives of the specific courses, lessons, or units of instruction to be taught. (See Rule III.E.2(b)(2)).(d) Documentation of required hours of employment/work experience in the occupational areas to be taught, verified by signature of the instructor and the school director.(2) The school must notify the Division in writing within thirty (30) calendar days of any change in employment status of instructional staff.(3) A school's instructor qualification files shall be available to the Division upon request. The Division may conduct unannounced site visits to inspect instructor qualification files and any other reasonably related records to ensure that the school is fulfilling its responsibilities to employ only qualified instructors.e.Guest Instructors. A guest instructor is a person whose special experience or expertise in an area related to the subject matter to be taught will make a contribution to the educational processes that will be supportive and expanding and whose use is to be limited to not more than 20% of the program or stand-alone course. Guest instructors must be either licensed or certified in their area of expertise, if the industry or occupation requires licensure or certification, or be a registered product manufacturer or supplier. Students currently attending the school and persons who have attended the school at any time during the previous twelve (12) months may not act as guest instructors. The school shall maintain a record of all guest instructors with the respective courses to which they contributed that documents the special experience or expertise of the person.f.Emergency Instructor Provision. A school owner/director experiencing a hardship in hiring an instructor who meets minimum standards and qualifications pursuant to the Act and Rules may petition the Board for permission to hire an instructor who does not meet applicable employment/work experience and/or education qualifications. The school shall provide the Board a summary of the conscientious efforts made to secure the services of a fully qualified instructor by describing the person's suitability for the position and attesting that the hiring of the person is essential to the preservation of the program/course. The Board may request additional detailed information to support the search efforts prior to approving or rejecting the petition. Board approval to hire an instructor under the emergency instructor provision is granted for a period of time as deemed appropriate by the Board.g.Continuing Competency. (1) All instructional staff is expected to maintain continuing competency. Instructional staff shall provide the school on a regular basis, but not less than every three (3) years, with sufficient and recent educational and employment/work experience to assure up-to-date knowledge of content and practice to continue teaching in the occupational field for which they are employed to teach.(2) Competency must be documented and demonstrated by successful completion of courses from accredited colleges or universities or board approved schools, occupational experience, workshops/seminars, or continuing education approved by a regulatory agency, organization or recognized professional association, or school directed education/training, and by a written annual performance evaluation of the instructor performed by the school director or other authorized school representative. The performance evaluation must include, at a minimum, an evaluation of the instructor's effectiveness in meeting the stated objectives of the course and his/her performance with respect to properly and accurately maintaining and handling all student records for which the instructor is responsible under school policy, including but not limited to attendance and grades and/or satisfactory completion of lessons, courses, or training programs.(3) Where applicable, all instructional staff shall maintain an active, and in good-standing current license, certification, registration, or similar regulatory credential as required by governmental regulatory agencies or industry standards to practice in the occupational field.(4) In respect to instructional staff of minor students (under the age of sixteen), in order to continue to be deemed competent, said instructor may not be judicially determined to have committed, nor pled guilty or nolo contendere to a felony or misdemeanor described in § 22-60.5-107(2)(b) or 2.5(a), C.R.S. or any other crime of moral turpitude, after his or her hire date by the school. Such change in instructor criminal history must be reported to the school not later than ten (10) calendar days from the date of entry of a judicial adjudication or court acceptance of a guilty plea or nolo contendere plea to a felony or misdemeanor described in § 22-60.5-107(2)(b) or 2.5(a), C.R.S. or any other crime of moral turpitude. A school employing an instructor with such a post-hire change in criminal history must report to the Division in writing not later than twenty (20) calendar days from the receipt of instructor notice. The school's report to the Division shall include the complete name of the instructor, the nature of the change on criminal history, and the date and content of the adjudication or plea entry. The instructor may be required by the Division to submit additional information, including, but not limited to, sufficient court documents identifying the circumstances surrounding the charges and plea, and adjudication. The Division, upon notice, shall conduct a timely review of; issue a Director Decision and afford appeal rights in accordance with the procedure outlined in Rule III.E.2(b)(3)(a)(iii).(5) In order to meet and continue to maintain required minimum standards, all staff working at a school, including instructional and administrative staff, may not be judicially determined to have committed, nor pled guilty or nolo contendere to any felony or misdemeanor relative to the health and safety of all persons upon the school premises. Such change in instructor criminal history must be reported to the school not later than ten (10) calendar days from the date of entry of a judicial adjudication or court acceptance of a guilty plea or nolo contendere plea to a felony or misdemeanor described in subsection (5). A school must report to the Division in writing not later than twenty (20) calendar days from the receipt of notice of any judicial adjudication. The school's report to the Division shall include the complete name of the instructor or staff member, the nature of the change on criminal history, and the date and content of the adjudication or plea entry. The Division may require additional information, including, but not limited to, sufficient court documents identifying the circumstances surrounding the charges and plea, and adjudication. The Division, upon notice, shall conduct a timely review of; issue a Director Decision and afford appeal rights in accordance with the procedure outlined in Rule III.E.2(c)(3).h.Enforcement and Penalties. (1) Enforcement. (a) The Board has the authority to investigate, upon a student complaint or upon its own motion, or upon delegating to the Division Director the qualifications of any instructor. If the Board has reasonable grounds to believe that an instructor fails to meet instructor qualifications, the Board shall issue a notice of noncompliance setting forth the reasons that a school has violated or is violating the act or rules and a period of time within which the instructor and the school may respond by submitting written data, views, arguments, or information in the notice. The school shall set forth in its response to the notice the measures that it used to verify the qualifications of the instructor and whether it knew of any deficiencies in the instructor's qualifications.(b) The Board shall consider the submissions of the school and the instructor to the notice and notify the school and the instructor of the board's determination as to 1) whether the instructor meets minimum qualifications, and 2) if the instructor does not meet minimum qualifications, whether the school knew or should have reasonably known that the instructor did not meet minimum qualifications.(c) The school and/or the instructor may request a hearing on the Board's decision within thirty (30) days after notice in accordance with the State Administrative Procedures Act. A final order of the Board is subject to judicial review in accordance with § 24-4-106, C.R.S.(2) Penalties. (a) An instructor whose qualifications are found to be deficient may not be employed by the school as an instructor.(b) A school that knew or should have reasonably known that an instructor did not meet instructor qualifications and employed or continued to employ such instructor, may be subject to fines and/or other disciplinary action up to and including revocation of the school's certificate of approval.(c) If the instructor is found to have engaged in any of the following, the Board may also order that the instructor is ineligible for employment at any school within the jurisdiction of the Board for such period of time as ordered by the Board: (i) The instructor obtained employment or demonstrated continuing competency through misrepresentation; fraud; misleading information; or otherwise untruthful statements submitted or offered with the intent to misrepresent, mislead or conceal the truth.(ii) The instructor failed to keep essential student records or failed to turn over all students records for which s/he is responsible according to state law or school policy.(iii) The instructor falsified or misrepresented records or facts relating to students' attendance, grades or satisfactory completion of lessons, courses, or training programs.(iv) The instructor is employed by a school that teaches minor students and at any time during his or her employment has been convicted of or pled nolo contendere to or received a deferred sentence or deferred adjudication for a felony or misdemeanor described in § 22-60.5-107(2)(b) or 2.5(a), C.R.S. or any other crime of moral turpitude.F. Requirements for Schools to offer Associate Degree Programs 1. All private occupational schools making application to grant associate degrees shall hold a Certificate of Approval by the Board.2. Schools offering an Associate Degree shall be accredited by an accrediting agency which is officially recognized by the United States Department of Education or the Council for Higher Education Accreditation.3. All Associate Degree Programs offered by a school shall be approved by the Board.4. Application Procedure--An approved school shall make a separate application to the Board for the approval of each associate degree program. The application shall clearly indicate the course of instruction for which the degree will be awarded. Information must be included in sufficient detail to indicate conformance with the following standards of instruction.a. The curriculum in the appropriate associate degree program shall include a program of instruction which corresponds with general education curriculum course credits required in institutions that prepare the student to enter full-time, entry level employment in their chosen occupation.b. Types of Associate Degrees: (1) Associate of Arts (A.A.)(2) Associate of Science (A.S.)(3) Associate of Applied Science (A.A.S.).(4) Associate of Occupational Studies (A.O.S.).5. Admission - The student shall possess a high school diploma or a GED and be able to matriculate in a degree program.6. Curriculum - The curriculum in the appropriate associate degree program of study will consist of courses and/or the occupational education area as approved by the Board. The appropriate associate degree program of instruction will correspond with the curriculum course credits required in institutions of higher education offering such associate degree programs. This means a minimum curriculum as defined below: a. Associate of Arts (A.A.) - Degree Programs, requiring 45 quarter credit hours or 30 semester hours of general education courses (Arts, Humanities, Social or Behavioral Sciences, or one of the professional fields of emphasis). The range of credit hours is 60 semester or 90 quarter hours to 68 semester or 102 quarter hours. Associate of Arts degree programs are intended for transfer into baccalaureate degree programs with junior standing offered by senior colleges and universities.b. Associate of Science (A.S.) - Degree Programs, requiring 45 quarter credit hours or 30 semester credit hours of general education courses (Mathematical, Biological or Physical Sciences, or one of the professional fields' emphasis). The range of credit hours is 60 semester or 90 quarter hours to 68 semesters or 102 quarter hours. Associate of Science degree programs are intended to transfer into baccalaureate degree programs with junior standing offered by colleges or universities.c. Associate of Applied Science (A.A.S) - Degree Programs requiring 18 quarter credit hours or 12 semester credit hours of general education courses. The range of credit hours is 60 semester or 90 quarter hours to 75 semester or 108 quarter hours. Exceptions to the maximum may be granted by the Board if there is a demonstrated need. These programs are occupational in nature and are not intended for transfer to baccalaureate degree programs; however, certain courses may be accepted toward a bachelor's degree at some colleges and universities. Associate of Applied Science degree programs are intended to prepare students to enter full-time skilled, paraprofessional occupations.d. Associate of Occupational Studies (A.O.S) - Degree Programs. In addition to the minimum total credits of 90 quarter credit hours or 60 semester credit hours require only that the school justify each such program to the Board in terms of a logical sequence of courses which will assure adequate preparation for entry level employment in a particular occupational field. These programs are occupational in nature and are not intended for transfer to baccalaureate degree programs; however, certain courses may be accepted toward a bachelor's degree at some colleges and universities. Associate of Occupational Studies degree programs are intended to prepare students to enter full-time, skilled para-professional occupations.7. Degree credit hours are computed as follows: For each quarter credit hour awarded:
10 theory/lecture contact hrs. = 1 credit
20 laboratory contact hrs. = 1 credit
30 intern/externship contact hrs. =1 credit
For each semester credit hour awarded:
15 theory/lecture contact hrs. = 1 credit
30 laboratory contact hrs. = 1 credit
45 intern/externship contact hrs. = 1 credit
Computation of hours may not be rounded up.
8. Faculty - Instructors teaching only general education courses in associate degree programs shall hold at least a baccalaureate degree with adequate preparation in areas the instructors are assigned to teach.9. Cosmetology and related credit hours. The following only relates to cosmetology and related areas. The school catalog shall include at least the following information which is to be given to the student at the time of the execution of the enrollment agreement. For all cosmetology schools credit hours are computed as follows:
30 theory/lecture contact hours = 1 semester credit
30 laboratory contact hours = 1 semester credit
30 intern/externship contact hours = 1 semester credit
G. Catalogs 1. Each school shall publish a catalog which shall include at least the following information: a. The name and address of the school.b. Catalog number and date of publication.d. Names of owners and officers, including any governing Boards.e. The school calendar, including holidays, enrollment periods and beginning and ending dates of terms, courses or programs as may be appropriate.f. The school's enrollment procedures and entrance requirements, including late enrollment, if permitted.g. A description of the school's placement assistance. If no assistance is offered, the school shall make this fact known.h. The school's attendance policy. (1) Minimum attendance requirements.(2) Circumstances under which a student will be placed on probation for unsatisfactory attendance,(3) The conditions under which a student may be readmitted.(4) Student leaves of absence.(5) Dismissal for disruptive behavior,(6) Any fees resulting from student absence.i. The school's policy concerning satisfactory progress, and how the policy will be enforced which shall also include:(1) How progress is measured and evaluated, including an explanation of the system of grading used.(2) The conditions under which the student may be readmitted if terminated for unsatisfactory progress.(3) A description of any probation policy.j. The school's system for making progress reports to students.k. The school's policy regarding student conduct, including causes for dismissal and conditions for readmission must be described.l. A description of the school's facilities; teaching aids, exclusive of basic supplies; and equipment used for training.m. A description of each approved educational program offered including objectives, prerequisites, tuition, fees, length, or, in the case of distance education, number of lessons or units of instruction, as appropriate and the school shall designate credit hours as semester or quarter.n. The school's policy concerning credit granted for previous education, training, or experience.o. A statement that the school does not guarantee the transferability of its credits to any other educational institution and that transferability is up to the receiving institution unless it has written agreement on file of current acceptability of such credits from other institutions.p. The school's cancellation and refund policy which shall also include the school's method of determining the official date of termination.q. Reasonable additional costs to the student for make-up hours for completion of the program.r. In-state schools shall use a statement printed in the catalog to read, "Approved and Regulated by the Colorado Department of Higher Education, Private Occupational School Board." Out-of-state schools shall use a statement printed in the catalog to read, "Agents approved by the Colorado Department of Higher Education, Private Occupational School Board."s. The policy for the granting of credit for previous training shall not impact the refund policy.t. A section informing the student of the school's grievance policy and protocol for reviewing and resolving student complaints, appeals, or claims. This section must also include:(1) A statement that informs the student that they or their guardian may file complaints in writing with the Board through the Division's established process within two years after the student's last date of attendance at the school, or at any time prior to the commencement of training.(2) This section shall include the web address and phone number for the Division of Private Occupational Schools.(3) The complaint policy shall be displayed in a type-size no smaller than that used to meet any other requirements of this section.u. A school shall publish its admission standards in its catalog. A school must secure documentation to demonstrate that each applicant meets all admission requirements, for example, high school diploma, general equivalency.v. Course/programs not regulated by DPOS but offered by the school should clearly be designated as such in the school catalog.2. Supplemental pages(s) may be used as part of the school catalog provided they are used in such a way as to become an effective part of the catalog and may include information such as faculty, calendar, and any other pertinent information. Supplemental pages shall show an effective date and shall be presented to each prospective student prior to execution of any enrollment contract.3. Postponement clause - the school's policy regarding postponement of starting date and the effect on student's rights to a refund is to read: "Postponement of a starting date, whether at the request of the school or the student, requires a written agreement signed by the student and the school. The agreement must set forth:
a. whether the postponement is for the convenience of the school or the student; and,b. the deadline for the new start date, beyond which the start date will not be postponed. If the course is not commenced, or the student fails to attend by the new start date set forth in the agreement, the student will be entitled to an appropriate refund of prepaid tuition and fees within 30 days of the deadline in accordance with the school's refund policy and all applicable laws and Rules concerning the Private Occupational Education Act of 1981."
4. Any changes to approved school catalogs, including addenda, shall be submitted to the Division for review. The school will not print or distribute the new catalog prior to confirmation of review by the Division. It is the responsibility of each school to ensure that catalogs, including addenda, are in compliance with Rules and The Act.H. Student Enrollment Agreement 1. Student enrollment agreements for educational service shall comply with the provisions of § 23-64-126(1), C.R.S., be fully completed, dated, and signed by the student and by an authorized representative of the school prior to the time instruction begins.2. The school shall retain a copy of the student enrollment agreement and one copy shall be delivered to the student at the time of execution or by return mail when solicited by mail.3. The student enrollment agreement shall include information that will clearly and completely define the terms of the agreement between the student and the school, including at least the following: a. The name and address of the school and the student.b. The title of the educational service, date training is to begin, and the number of contact/credit hours or units of instruction or lessons for which enrolled. Enrollment Agreements shall indicate that credit hours are semester or quarter credit hours.c. The total costs incurred by the student in order to complete the training. Such costs shall be itemized and shall include tuition, all fees, books, supplies where appropriate and all other expenses necessary to complete the training. The student enrollment agreement shall outline the method of payment or the payment schedule.d. The school's refund policy, including the method of determining the official date of termination, displayed in a type-size no smaller than that used to meet any other requirements of this section.e. A statement acknowledging receipt of a current/approved copy of the school catalog (including addenda) and student enrollment agreement by the student.f. A statement that students may file complaints online directly with the Division within two years from the student's last date of attendance. A statement that informs the student that they or their guardian may file complaints in writing with the Board through the Division's established process within two years after the student's last date of attendance at the school, or at any time prior to the commencement of training.(1) This section shall include the web address and phone number for the Division of Private Occupational Schools.(2) The complaint policy shall be displayed in a type-size no smaller than that used to meet any other requirements of this section.g. The complaint policy shall be displayed in a type-size no smaller than that used to meet any other requirements of this section and must precede any other grievance/complaints policies referenced.h. In-state schools shall use a statement printed in the enrollment agreement to read, "Approved and Regulated by the Colorado Department of Higher Education, Private Occupational School Board." Out-of-state schools shall use a statement printed in the enrollment agreement to read, "Agents approved by the Colorado Department of Higher Education, Private Occupational School Board."4. Student enrollment agreements must reflect and be consistent with the school catalog in effect at the time of enrollment. Any changes to approved student enrollment agreements, including addenda, shall be submitted to the Division for review. The school will not print or distribute the new student enrollment agreement prior to confirmation of review by the Division. It is the responsibility of each school to ensure that student enrollment agreements, including addenda, are in compliance with Rules and The Act.5. Student enrollment agreements shall reflect minimum admission(s) requirements as outlined in the school catalog.I. Student Records. 1. A diploma, certificate of completion, and transcripts shall be conferred only upon the successful completion of the prescribed course(s) of instruction as stated in the catalog and approved by the Private Occupational School Board.2. Appropriate certification shall be conferred upon successful completion of individual subjects or a combination of subjects as listed in the catalog and approved by the Private Occupational School Board.3. Each school shall maintain for a minimum of six years from the date the student discontinues his/her training at the school, student records in electronic format which shall include at least the following:a. A copy of the enrollment contract and other instruments relating to the payment for educational servicesb. Student information including:(2) Permanent or other address at which the student may be reached.(3) Records relating to financial payments and refunds.(4) Record of attendance as determined by the school.c. Date of completion or termination of training and the reason(s) as determined by the school.d. Record of any student grievance and subsequent resolution.e. Copies of all correspondence or other records relating to the recruitment, enrollment, and placement of the student.4. Student transcripts and certificates of completion, diploma, or degree must be retained by the school in perpetuity. a. Upon request, each school shall provide a transcript within seven (7) days to the student who has satisfied all financial obligations currently due and payable to the school or who meets the criteria set forth in § 23-5-113.5(2)(b), C.R.S., which provides, in relevant part, that a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student: (1) On the grounds that the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds; or(2) If the student can demonstrate that the transcript or diploma is needed for one of the following exemptions: (b) Transferring to another postsecondary institution;(c) Applying for state, federal, or institutional financial aid;(d) Pursuit of opportunities in the military or National Guard; or(e) Pursuit of other postsecondary opportunities. Per the statute, subsection III.I.4.a.(2) of this Rule does not apply to a student who is foreign and present in the United States on a nonimmigrant visa.
b. This transcript of the individual student's records of achievement must be maintained as a permanent record in a form that provides at least the following information: (2) Title of program/course, including total number of hours of training received, specify the number of hours and method of delivery for each course, and dates of enrollment.(3) Grade record of each course, lesson, or unit of instruction and the cumulative grade for the program.(4) Explanation of grading system.c. Upon request, each school must provide a certificate of completion, diploma, or degree within seven (7) days to the student who has satisfied all academic and financial obligations currently due and payable to the school, or who meets the criteria set forth in § 23-5-113.5(2)(b), C.R.S., which provides, in relevant part, that a postsecondary institution shall not refuse to provide a transcript or diploma to a current or former student: (1) On the grounds that the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds; or(2) If the student can demonstrate that the transcript or diploma is needed for one of the following exemptions: (b) Transferring to another postsecondary institution;(c) Applying for state, federal, or institutional financial aid;(d) Pursuit of opportunities in the military or National Guard; or(e) Pursuit of other postsecondary opportunities. Per the statute, subsection III.I.4.c.(2) of this Rule does not apply to a student who is foreign and present in the United States on a nonimmigrant visa.
d. This certificate of completion, diploma, or degree of the individual student's records of achievement must be maintained as a permanent record in a form that provides at least the following information:(2) Title of program/course, including total number of hours of training received and date of completion.5. In the event of closure of a school, the school shall deposit with the Division all educational, financial, or other records as described below of said school in electronic format. These records shall be submitted to the Division within sixty (60) days of school closure. Any delay in record submission or any missing records shall be accounted for.a. Student educational records including transcripts, records of completion, diplomas, and certificates for all students since the school began operation. Financial records, including enrollment agreements, ledger cards or record of student payments and refund calculations for all students who attended the school for two years prior to the closure. The school is required to submit to the Division a student roster including contact information of all students who attended two years prior to closure.b. It is acceptable for the school to maintain its records once it is no longer operating as a DPOS-approved school if the school is continuing to operate in other locations or has met an approved DPOS exemption. It is also acceptable for a school to use a third-party transcript/record retention company, approved by the Division, to maintain their records.c. The school must provide the Division with detailed information regarding where the records and transcripts are maintained.6. In the event of voluntary closure of a school, the school owner or designee shall:a. Notify the Division in writing within twenty-four (24) hours of the school closing.b. Provide a record of the status of all students currently enrolled whose training program has not been completed within forty-eight (48) hours following school closure.40 CR 01, January 10, 2017, effective 1/31/201741 CR 10, May 25, 2018, effective 6/14/201844 CR 05, March 10, 2021, effective 4/1/202145 CR 04, February 25, 2022, effective 4/1/202246 CR 04, February 25, 2023, effective 4/1/202347 CR 04, February 25, 2024, effective 4/1/2024