N.J. Admin. Code § 12:41-2.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12:41-2.2 - Application for initial approval of a private career school

(a) Any private career school that seeks to apply for a Certificate of Approval pursuant to N.J.S.A. 34:15C-10.1 and 34:15C-10.1.a shall make a written Application for Initial Approval of a Private Career School to the Department of Labor and Workforce Development.

1. The Application for Initial Approval of a Private Career School shall have two components: one component pertaining to facilities, business operations, financial aspects, and minimum acceptable level of performance, of the applicant private career school, which shall be reviewed and evaluated by the Training Evaluation Unit, and the other component pertaining to program and course curricula and administrator and instructor credentials, which shall be reviewed and evaluated by the Department of Education.

(b) The information and documents to be submitted for review and evaluation by the Training Evaluation Unit shall include the following:

1. A completed application form provided by the Department of Labor and Workforce Development;

2. A signed and notarized Statement of Assurances, which attests to the accuracy and truthfulness of the representations made in the Application for Initial Approval of a Private Career School;

3. An organizational chart outlining the school's ownership hierarchy;

4. Proof of a designated business account separate from the owner's or owners' personal financial account(s) or the account(s) of any other business(es);

5. An initial tuition performance bond in the amount of $ 20,000 payable to the Commissioner of the Department of Labor and Workforce Development. The tuition performance bond shall include the following information:

i. School name;

ii. Physical address of the school;

iii. Bond number;

iv. Amount of bond;

v. Issue and expiration dates;

vi. Bond company address and phone number; and

vii. Within the bond agreement between the school and the bond issuer, a requirement that the bond issuer shall notify the Training Evaluation Unit in the event that the bond terminates for any reason.

6. Proof of authority to conduct business in New Jersey, which shall consist of the following:

i. For a corporation formed within New Jersey, a Certificate of Incorporation or Good Standing Certificate and a Business Registration Certificate, both issued by the New Jersey Division of Revenue;

ii. For a corporation formed outside of New Jersey, a Certificate of Authority and a Business Registration Certificate, both issued by the New Jersey Division of Revenue;

iii. For a sole proprietorship or partnership, proof of registration with the local county clerk and a Business Registration Certificate issued by the New Jersey Division of Revenue;

7. Proof of liability insurance;

8. Proof of workers' compensation insurance;

9. Proof of compliance with the Uniform Construction Code for fire, health, and occupancy, as appropriate;

10. If the facility is leased or rented, a copy of a signed lease or rental agreement for a period of no less than one year;

11. If the facility is owned, proof of ownership;

12. A copy of the facility floor plan, indicating, at a minimum, the location of the following:

i. Fire exits;

ii. Classrooms/labs;

iii. Restrooms; and

iv. File cabinets containing student records;

13. School catalog including, at a minimum, the following:

i. Names of school administrators with contact information;

ii. School calendar and class schedules;

iii. Requirements for admission;

iv. Attendance requirements;

v. Requirements for leave of absence;

vi. Policy for make-up work;

vii. Students' code of conduct;

viii. Conditions for dismissal and re-entry policy;

ix. Complaint resolution procedure;

x. Withdrawal from school policy;

xi. Refund policy;

xii. Policy for maintenance of student records, including transcripts;

xiii. Tuition and fees charged;

xiv. Grants, loans, and scholarships;

xv. Accreditation information, if applicable;

xvi. Facility information;

xvii. Explanation of grading system;

xviii. List of programs and program descriptions;

xix. Student and instructor evaluation policy;

xx. Policy on credit for previous training;

xxi. Policy on probation for below average grades; and

xxii. Credit disclaimer statement;

14. Student contract, which includes, at a minimum, the following information:

i. Student's name and contact information;

ii. Program title exactly as it appears on State-approval documents;

iii. Program starting and ending dates;

iv. Charges for administration fee, tuition, books, materials, tools, supplies, certification/licensure examinations, and total program costs;

v. Payments made by the student or on behalf of the student, including balance due and payment plan, if applicable;

vi. Refund policy;

vii. Right to cancel policy;

viii. Complaint resolution policy; and

ix. Signature and date lines for school representative and student;

15. Student transcript, which includes, at a minimum, the following information:

i. Student's name and Social Security number or other student identifier;

ii. Program title exactly as it appears on State-approval documents;

iii. Program starting and ending dates;

iv. Course titles within the program;

v. Grades and hours for each course; and

vi. Total completed hours and final grade for the program;

16. Record retention plan;

17. A copy of the school advertising materials;

18. Proof of appropriate school entry standards;

19. A list of each instructional program offered by the private career school including the Classification of Instructional Programs (CIP) code and Standard Occupational Classification (SOC) code for each instructional program;

20. Identification of the specific occupation(s) for which students will be prepared upon completion of each instructional program;

21. Identification of the specific license(s), if applicable, for which students will be prepared upon completion of each instructional program;

22. The duration of each instructional program;

23. Tuition and fee information for each instructional program, including the following:

i. Tuition;

ii. Fees; and

iii. Institutional grant aid awarded to registered students; and

24. Such other information and documents as may be required by the Commissioner of the Department of Labor and Workforce Development as part of the Application for Initial Approval of a Private Career School.

(c) Requirements for the component reviewed and evaluated by the Department of Education shall be governed by N.J.A.C. 6A:19-7.

(d) The Training Evaluation Unit shall, prior to the issuance of a Certificate of Approval, assess each private career school applicant to identify whether each instructional program offered by the private career school meets the minimum acceptable level of performance.

(e) Failure of a private career school applicant to meet the minimum acceptable level of performance for each instructional program offered by the private career school shall alone constitute sufficient grounds for denial of the private career school's application for initial approval.

(f) Each applicant private career school shall pay an initial, non-refundable, application fee of $ 1,150, payable to the State Treasurer.

(g) Where an initial application for approval of a private career school is denied on the basis that the applicant private career school has failed to meet the minimum acceptable level of performance for any of its instructional programs, the applicant private career school may within 15 days of receipt of the application denial, and without the payment of any additional application fee, submit to the Training Evaluation Unit a written request for reconsideration of the denial.

(h) The written request for reconsideration pursuant to (g) above shall include a detailed description of the basis for the request, including an explanation of either:

1. What the applicant believes is an error made by the Department in its measurement of the performance of the applicant private career school's instructional program(s) against the minimum acceptable level of performance; or

2. A change in circumstances (for example, a reduction in tuition and/or fees) that would alter the Department's measurement of the performance of the private career school applicant's instructional program(s) against the minimum acceptable level of performance.

(i) The option to file a written request for reconsideration pursuant to (g) above shall apply only to application denials that are based on the applicant private career school's failure to meet the minimum acceptable level of performance for any of its instructional programs.

(j) The Training Evaluation Unit shall review any request for reconsideration submitted pursuant to (g) above on the written record and shall render a decision within 20 days of receipt of the request.

N.J. Admin. Code § 12:41-2.2

Adopted by 48 N.J.R. 2816(b), effective 12/19/2016

Amended by 56N.J.R. 1802(a), effective 9/3/2024