Miss. Code § 73-7-16

Current through the 2024 Regular Session
Section 73-7-16 - [Effective 1/1/2025] Licensing of schools
(1) All schools of any profession regulated by the board or school owners shall have a school license and shall pay to the board the required license fee. The board is authorized and empowered to promulgate necessary and reasonable rules and regulations for the issuance and renewal of school licenses.
(2) Each application made under this section shall include the social security number(s) of the applicant, owners or agents in accordance with Section 93-11-64.
(3) Any school making application for a license under this chapter shall not be transferable for any cause and shall include a surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00) in favor of the board on a bond form completed by the insurance company or agency. The applicant may file in lieu of the bond, cash, or a certificate of deposit or government bonds in the amount of Fifty Thousand Dollars ($50,000.00).
(4) The school applicant shall maintain a professional liability insurance policy covering any aspect of the facility, personnel and/or students.
(5) The school shall meet all applicable health and safety standards that may be required by local, state and federal agencies.
(6) Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education must submit evidence of current accreditation.
(7) The course content and length of instruction shall be of such nature and quality as to assure that the students will adequately develop the job skills and knowledge necessary for passing any and all examinations required for licensure.
(8) Schools shall provide favorable conditions for effective classroom instruction. A total pattern of successful instruction includes (a) well-defined instructional objectives, (b) systematic planning, (c) selection and use of varied types of learning materials and experiences, (d) adaptation of organization and instructional procedures to student needs, (e) use of varied evaluation instruments and procedures, and (f) good student and teacher morale.
(9) Each board-approved school of cosmetology, barbering, esthetics or nail technology must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board.
(10) The board shall evaluate school curriculum for conformance with educational requirements set forth in this chapter.
(11) There shall be no automatic renewal of school licenses, and each licensee shall be audited for conformity before to the issuance of any a new license. Before to the issuance of any such license, the board shall inspect the premises to determine if same conforms to the law.
(12) If a school closes a facility, the licensee must notify the board within sixty (60) days before closing and provide proof of the reason for the closure; proof of method developed to assist students with the completion of their program of study and individual courses; proof of notice sent to all currently enrolled students, notifying them of the closure; proof of notice given to students indicating where they may obtain any of their records; proof of disposition of student records, with a contact person, complete address, and telephone number and how students' information may be obtained; proof of notice sent to all students who have paid for any tuition and/or fees for future enrollment in a program of study or individual course informing them of the closure, and refund information; proof of certified transcripts for each currently enrolled student who has paid for and completed coursework in lieu of receiving a full or partial refund. If a school files a bankruptcy petition, a certified copy must be filed with the board.
(13) School licenses may be issued, as follows:
(a) Temporary licenses may be issued only for a one- year period. These licenses are issued to new schools with less than two (2) graduating classes. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students before enrolling and enrolled students must be notified in writing of the school's temporary status;
(b) Probationary licenses indicate warning status and may be issued only for a one-year period. These licenses are issued to new schools with less than two (2) graduating classes and with any significant violation(s) in the most recent year. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students and enrolled students shall be notified in writing of the school's probationary status;
(c) Conditional licenses may be issued to schools for only a one-year period. Conditional license status for schools that previously held a nonconditional license shall not exceed two (2) years. Annual reports are required and are due by July 16 of each year unless otherwise specified. Prospective students and enrolled students shall be notified in writing of the school's conditional status. These licenses shall be issued to schools with two (2) or more graduating classes and with any of the following:
(i) Any significant violation(s) in the most recent year; and
(ii) Either the school's annual pass rate or the school's comprehensive pass rate does not meet or exceed the board's current minimum standard;
(d) Nonconditional licenses may be issued for only a two-year period. Annual reports shall be required and are due July 16 of each year unless otherwise specified. These licenses shall be issued to schools with two (2) or more graduating classes and with all of the following:
(i) No significant violation(s) in the most recent year; and
(ii) Either the school's annual pass rate or the school's comprehensive pass rate meets or exceeds the board's current minimum standard.
(14) The combined temporary, probationary and/or conditional license status for schools shall not exceed a five-year consecutive period before moving to a nonconditional license status.
(15) No license issued by the board may be renewed until all monetary fines and penalties assessed by the board to the licensee are paid in full.
(16) School owners, instructors, and/or employees or contractors of the school shall adhere to the board's statutes and rules and regulations and shall regard students with the same care and consideration as clients.

Miss. Code § 73-7-16

Laws, 1987, ch. 516, § 8; reenacted, Laws, 1991, ch. 553, § 12; reenacted, Laws, 1993, ch. 596, § 12; reenacted, Laws, 1995, ch. 383, § 12; reenacted without change, Laws, 1997, ch. 513, § 12; Laws, 1997, ch. 588, § 32; reenacted without change, Laws, 2005, ch. 492, § 12; reenacted without change, Laws, 2010, ch. 487, § 12; Laws, 2010, ch. 507, § 2; Laws, 2011, ch. 371, § 1; reenacted and amended, Laws, 2011, ch. 525, § 12, eff. 7/1/2011.
Amended by Laws, 2024, ch. 437, HB 313,§ 13, eff. 1/1/2025.
Reenacted without change by Laws, 2021, ch. 470, HB 1312,§ 12, eff. 4/9/2021.
Amended by Laws, 2017, ch. 380, HB 464, 4, eff. 7/1/2017.
Amended by Laws, 2013, ch. 523, HB 1164, 12, eff. 7/1/2013.
Repeal date: Miss. Code § 73-7-63 provides that this chapter is repealed effective 7/1/2024. Laws, 2024, ch. 437, HB 313,§ 28 repeals Miss. Code § 73-7-63 effective 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.