This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3332-1-01 | Authority for rule adoption.
Effective:
January 4, 2016
(A) Pursuant to division (A) of section 3332.031 of the Revised Code, these standards, rules, regulations and administrative procedures are promulgated by the authority of the state board of career colleges and schools. (B) The state board of career colleges and schools will adopt and rescind rules in accordance with Chapter 119. of the Revised Code. (C) The board shall provide notice of all public rule hearings by publishing such notice as is required by Chapter 119. of the Revised Code. In addition, the board shall provide timely notice to registered schools and other interested parties concerning the time and place of all public rule hearings. (D) The board may provide any notice beyond that required by this rule and by Chapter 119. of the Revised Code as it considers appropriate or necessary under the circumstances. Failure to provide copies of the text of the proposed rules shall not be considered as a basis for invalidating any rule, or portion of a rule, adopted, amended, or rescinded by the board. (E) Copies of the text of the proposed rules shall be available in the office of the board for at least thirty days prior to the public hearing period. No charge shall be levied for an examination of the proposed rules.
Last updated June 25, 2021 at 1:27 PM
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Rule 3332-1-02 | Definition of terms.
Effective:
November 1, 2011
(A) "Ability to benefit" means any student who, prior to admission, does not have a high school diploma or its equivalent, the general equivalency diploma (G.E.D.), and who is subject to the ability to benefit criteria of the U.S. department of education, and all applicable rules of the state board. (B) "Agent" means an employee of a school whose primary duties performed include distribution of literature or information on behalf of a person offering a program, and the solicitation of prospective students in Ohio to enroll in a program. (C) "Associate degree" means the credential awarded by a school upon the successful completion of an associate degree program. The program must contain a minimum of ninety quarter credit hours or sixty semester hours. (D) "Advanced degree" means the credential awarded by a school upon the successful completion of a baccalaureate, masters, or doctorate degree program which meets the requirements of the Ohio board of regents (E) "Calendar week" means seven consecutive calendar days. (F) "Board" means the state board of proprietary school registration or the state board of career colleges and schools. (G) "Certificate" means the credential awarded by a school upon the successful completion of a certificate program. The certificate program generally consists of one or more technical courses usually completed in one to twenty-six weeks, normally with a single skill objective and a maximum of thirty-six quarter or twent-four semester credit hours. (H) "Certificate of registration" means a certificate issued by the state board of career colleges and schools to the owner or operator of a private career school located within or outside the state of Ohio, that permits the school to solicit students and offer and maintain a program in Ohio. (I) "Clock hour" means for purpose of instruction, a period of sixty minutes with a minimum of fifty minutes of classroom work. (J) "College" means a school possessing a certificate of registration authorizing at least one associate or advanced degree program. (K) "Course" means a unit of learning which is an integral part of a program of instruction. (L) "Credit-hour laboratory" means one credit shall be awarded for every two laboratory hours in a week of the quarter or semester when the laboratory experience is supplemented by out-of-class assignments. When out-of-class assignments are not required, the ratio will be one credit for every three laboratory hours. (M) "Credit-hour non-laboratory" means one credit shall be awarded for each one hour scheduled in the classroom within a week, quarter, or semester, provided the student is required to devote at least two hours out-of-class assignments for each class hour scheduled. (N) "Diploma" means the credential awarded by a school upon the successful completion of a diploma program. The diploma program generally consists of more than six hundred but less than fifteen hundred clock hours; or more than thirty six but less than ninety quarter credit hours; or more than twenty-seven but less than sixty semester hours (O) "Director" means the person directly responsible for the operational management of a school. (P) "Full-time student" means a student who is scheduled to attend a minimum of twenty or more clock hours or twelve or more credit hours per week. (Q) "General education course" means a unit of learning non-technical in nature, which is an integral part of a program the content of which is drawn from oral communication, written communication, social studies, mathematics, natural sciences and the humanities. (R) "Institutional scholarship or grant" means any scholarship, tuition credit, grant or other financial aid program offered by a registered school that uses institutional funds or other institutional credits to reduce a student's tuition and fee obligations. All institutional scholarships or grants must be approved in accordance with rule 3332-1-11 of the Administrative Code. (S) "Gross annual tuition income" means the tuition income (minus tuition refunds) received by a registered school in approved programs as computed at the end of the school's accounting year. (T) "Major" means a program of study within a degree program that includes a minimum of twenty per cent of the program's total hours in the specific discipline intended to be named as the major in the program's title. At the same time, the balance between general education, basic and technical courses must be maintained in the program. (U) "Non-technical course" means any course in the curriculum that is not technical in nature and includes general education courses, basic courses, or other related courses. (V) "Person" means an individual, corporation, partnership, association, limited liability company or any other type of business organization. (W) "Primary duty" or "primary job duty" means more than fifty per cent of a person's assigned job responsibilities. (X) "Private career school" means a career college, proprietary school, person or other organization that offers programs that require registration pursuant to Chapter 3332. of the Revised Code. (Y) "Proficiency in subject matter discipline for faculty members assigned to teach the general study portion of any degree program" means proficiency in subject matter discipline evidenced by a minimum of fifteen quarter credit hours (or semester credit hours equivalent) of work in the discipline, taken at the undergraduate or graduate level, or a combination of the two levels. (Z) "Proprietary school" means a career college, school, person, or other organization that offers programs that require registration pursuant to Chapter 3332. of the Revised Code. (AA) "Quarter" means an academic time span of ten to twelve weeks. (BB) "Semester" means an academic time span of fifteen to eighteen weeks. (CC) "School" means a school, career college, person or other organization that offers programs that require registration under Chapter 3332. of the Revised Code. (DD) "Students enrolled" means the number of students who have started class and attended at least one day. (EE) "Teach-out" means the process whereby a school fulfills its educational and contractual obligations to currently enrolled students prior to voluntarily closing. Among its options are a cessation of enrollments with continued operation until present students are graduated; or making an agreement with a school or a group of schools, in the same geographic area, to absorb its students at no additional cost to the affected students, except as may be permissible under regular financial aid eligibility requirements. (FF) "Technical course" means a unit of learning which yields skills, knowledge, and appreciation essential to the specific occupation for which the program was designed.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-03 | Exceptions.
(A) Pursuant to section 3332.02 of the Revised Code, this chapter does not apply to the following categories of courses, schools, or colleges: (1) Tuition-free courses or schools conducted by employers exclusively for their own employees; (2) Non-profit institutions with certificates of authorization issued pursuant to section 1713.02 of the Revised Code or that are non-profit institutions exempted from the requirement to obtain a certificate by division (E) of that section; (3) Schools, colleges, technical colleges, or universities established by law or chartered by the Ohio board of regents; (4) Courses of instruction required by law to be approved or licensed by a state board or agency other than the state board of career colleges and schools, except that a school so approved or licensed may apply to the state board of career colleges and schools for a certificate of registration to be issued in accordance with this chapter; (5) Schools for which minimum standards are prescribed by the state board of education pursuant to division (D) of section 3301.07 of the Revised Code; (6) Courses of instruction conducted by a public school district or a combination of public school districts; (7) Courses of instruction conducted outside the United States. (8) Private institutions exempt from regulation as prescribed in section 3333.046 of the Revised Code; (9) Training courses for employees paid for by employers and conducted by outside service providers.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-04 | Certificate of registration.
(A) A person, corporation, or other
entity desiring to operate a career college or school in the state of Ohio, or
an out-of-state school that solicits Ohio students, must obtain a certificate
of registration from the board. (1) Application for a
certificate of registration or program authorization shall be made to the board
on forms furnished by the board. (2) Each application for
issuance and/or renewal of a certificate of registration shall be subject to a
non-refundable fee, which is established by the board and which is based on the
actual or expected gross annual tuition income of the applicant
school. (3) A certificate of
registration shall be granted or denied by the board within one hundred twenty
days after the school has been notified that the application has been
satisfactorily completed, and arrangements are in process for an on-site
visit. (4) The certificate of
registration is not transferable. The board shall assign registration numbers
to all registered schools. A school shall display or disclose its registration
number on all school publications and in all advertisements, including
television commercials, bearing the name of the school. The school must
prominently display the certificate of registration and hours of school
operation where they may be inspected by students and representatives of the
board. (5) A certificate of
registration is valid for a maximum of two years unless revoked for cause by
the board, and is valid only for the institution and owner or operator for
which it was approved. (6) No new school may
advertise, solicit students, or collect fees until a certificate of
registration has been granted to it, nor may it advertise, solicit students, or
collect fees for any program prior to the date of issuance of the certificate
of registration and the appropriate program authorization. (B) The board does not recognize branch
campuses. Each location must submit a completed application for a certificate
of registration. Each school or location is obligated to meet all the
standards, rules, and regulations as set forth by the board. Schools that
operate classes in multiple contiguous buildings may be treated as a single
school campus at the discretion of the board. (C) The board may issue certificates of
registration to schools operating learning centers in accordance with rule
3332-1-26 of the Administrative Code.
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Rule 3332-1-04.1 | Change of address.
Effective:
November 1, 2011
(A) Pursuant to section 3332.05 of the Revised Code, an application for approval of a proposed change of location or alteration of existing facilities involving building code changes must be filed with the board. The owner must show proof that all municipal, county, state, and federal regulations have been complied with (i.e., fire, building, sanitation code, etc.). A change of location will be approved if within a reasonable commuting distance of the former location or if currently enrolled students are not materially disadvantaged in the move. Failure to notify the board will subject the school to disciplinary action in accordance with section 3332.09 of the Revised Code. (B) Any school contemplating a change of address must notify the board prior to the move and submit the appropriate fee in accordance with the board's fee schedule. (C) A completed facilities compliance statement and an approved site visit report for the new location must be filed with the board prior to executive director approval on the address change request.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-04.2 | Name of school.
Effective:
November 1, 2011
(A) School names should avoid leaving any false or misleading impressions about the school and the programs a school offers. (B) A school may not use the term "college" in its name unless the school has been approved to offer associate or advanced degree programs by the board. (C) A school may not use the term "university" in its name unless the school meets the requirements of section 3332.06 of the Revised Code. (D) Schools may apply for a name change when factors such as growth or change of mission warrant a name change. Written applications to the board must justify the change of name request and will be assessed the appropriate fee. School name changes will be approved by the executive director.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-04.3 | Change of school ownership.
Effective:
January 3, 2022
(A) Pursuant to section 3332.05 of the
Revised Code, a person acquiring ownership, as defined in paragraph (B) of this
rule, of a school which has a certificate of registration shall comply with all
the requirements for securing an original certificate of registration. All
application forms and other data shall be submitted in full along with legally
documented proof of the change of ownership listing all owners or shareholders
with ten per cent ownership or more. Schools failing to comply will be subject
to disciplinary action in accordance with section 3332.09 of the Revised
Code. (B) The following constitutes a change of
ownership: (1) Transfer or purchase
of stock or other ownership interest resulting in an acquisition of at least
fifty-one per cent control; (2) Purchase of entire
school or assets of school; (3) Transfer, sale or
purchase of stock, membership, or other direct or beneficial ownership interest
by a single entity or by multiple entities in a single transaction or a series
of transactions that results in at least fifty-one per cent change in
control. (C) When the decision to acquire
ownership of a school has been made, the new owner should inform the board by
no later than thirty days after the sale has taken place and the person or
other entity purchasing a school which has a certificate of registration must
acquire a new certificate, following established procedures and pay fees in
accordance with the board's fee schedule. (D) The executive director of the board
has the authority to allow the school continued operation until all processing
is completed for the change of ownership. (E) New ownership must not disrupt school
operations during this period of transition. Final action regarding the change
of ownership is accomplished during a regular meeting of the
board. (F) The school is responsible for
notifying all other state and federal regulatory agencies and applicable
accrediting agencies of this school ownership change. (G) The sale or transfer of ownership
interest after the death of an owner of an institution to either a family
member or a current stockholder of the corporation is not considered a change
in ownership and the executive director of the board may determine that other
similar transfers should also be excluded from these requirements. (H) New school owners are responsible for
maintaining and servicing all student records that were the responsibility of
the prior owners of the school. (I) New school owners are responsible for
resolving all student complaints that were the responsibility of the prior
owners of the school and that were filed with the board prior to the final
approval of the change of ownership. (J) New school owners are responsible for
honoring the terms of current student enrollment agreements, institutional
scholarships, or institutional grants for all students who were enrolled and
taking classes at the time the change of ownership occurs.
Last updated January 3, 2022 at 10:49 AM
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Rule 3332-1-04.4 | Renewal of certificate of registration.
Effective:
February 15, 2019
(A) Pursuant to section 3332.05 of the
Revised Code, on or before ninety days prior to the expiration of a certificate
of registration, the board will send notice to the institution, notifying said
institution of the expiration date and the requirements for applying for a
certificate renewal. Institutions shall submit a completed application for
certificate renewal at least sixty days prior to the expiration
date. (B) Applications for renewal of the
certificate of registration will be assessed by a non-refundable fee as
determined by the board in accordance with the fee schedule that is outlined in
rule 3332-1-22 of the Administrative Code. (C) Schools submitting late applications
will be subject to late fees or other disciplinary action in accordance with
section 3332.09 of the Revised Code.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-04.5 | Suspension or revocation of certificate of registration.
Effective:
January 4, 2016
The state board of career colleges and schools may limit, suspend, revoke, or refuse to issue or renew a certificate of registration or program authorization or may impose a penalty pursuant to section 3332.09.1 of the Revised Code for any one or combination of the following: (A) Violation of any provision of sections 3332.01 to 3332.09 of the Revised Code, the board's minimum standards, or any rule made by the board; (B) Furnishing of false, misleading, deceptive, altered, or incomplete information or documents to the board; (C) The signing of any application, form, electronic document or the holding of a certificate of registration by a person who has pleaded guilty or has been found guilty of a felony or has pleaded guilty or been found guilty of a crime involving moral turpitude; (D) The signing of any application, form, electronic document or the holding of a certificate of registration by a person who is addicted to the use of any controlled substance, or who is found to be mentally incompetent; (E) Violation of any commitment made in an application for a certificate of registration or program authorization; (F) Presenting to prospective students, either at the time of solicitation or enrollment, or through advertising, mail circulars, or telephone solicitation, misleading, deceptive, false, or fraudulent information relating to any program, employment opportunity, or opportunities for enrollment in accredited institutions of higher education after entering or completing programs offered by the holder of a certificate of registration; (G) Failure to provide or maintain premises or equipment for offering programs in a safe and sanitary condition; (H) Refusal by an agent while performing duties common to agents to display his/her agent's permit upon demand of a prospective student or state board staff member or other interested persons; (I) Failure to maintain financial resources adequate for the satisfactory conduct of programs as presented in the plan of operation or to retain a sufficient number and qualified staff of instruction, except that nothing in this chapter requires an instructor to be certificated by the state board of education; (J) Offering training or programs other than those authorized by the board, except that schools may offer special courses adapted to the needs of individual students when the special courses are in the subject field specified in the application; (K) Discrimination in the acceptance of students upon the basis of race, color, religion, sex, or national origin; (L) Accepting the services of an agent not holding a valid permit issued under section 3332.17 of the Revised Code; (M) The use of monetary or other valuable consideration by the school's agents or representatives to induce prospective students to enroll in the school, or the practice of awarding monetary or other valuable considerations to students in exchange for procuring the enrollment of others; (N) Failure to provide within a reasonable period of time after the request of the board, any information, records, or files pertaining to the operation of the school or recruitment and enrollment of students. (O) Failure to maintain or conform to any additional required state program approval, certification, or licensing requirements.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-05 | Out-of-state schools.
Effective:
November 1, 2011
(A) An out-of-state school desiring to solicit Ohio residents in Ohio must obtain a certificate of registration from the board. The certificate of registration shall state that it is for solicitation purposes only. (B) Any out-of-state school who solicits students in Ohio must receive program authorization from the board for each individual program of study. The program authorization shall be for solicitation purposes only. Certificate, diploma, and degree programs will be approved for a two year period in conjunction with the renewal of the certificate of registration. (C) The board recognizes that registration, approval or licensing laws and minimum standards of other states regulating proprietary schools may differ from Ohio laws and standards. Therefore, in issuing a certificate of registration or program authorization to an out-of-state school, the board may accept the minimum standards of other states having laws governing proprietary schools or the minimum standards of nationally recognized accrediting agencies providing the standards are similar to Ohio's minimum standards. (D) All fees charged to out-of-state schools for certificates of registration and program authorization shall be the same as the fees charged to in-state schools unless otherwise noted in the board's fee schedule. Out-of-state schools submitting late renewal applications will be subject to late fees or other disciplinary action in accordance with section 3332.09 of the Revised Code. (E) An agent from an out-of-state school who desires to solicit Ohio residents shall not be eligible to receive an agent permit unless the school the agent seeks to represent has a valid certificate of registration issued by the board to the school. (F) An agent soliciting Ohio residents for an out-of-state school is subject to all the provisions outlined in Chapter 3332. of the Revised Code and agency 3332 of the Administrative Code.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-06 | Distance education programs.
Effective:
January 3, 2022
(A) "Distance education" is a
formal education process in which the orderly delivery of instruction occurs
beyond a school's walls since the student and instructor are in different
locations. Distance education may employ a variety of communication methods for
delivering instruction to students. (B) "Distance education
program" is a program of study where more than fifty per cent of the
program content is offered via distance education. A distance education program
shall have a defined start and end date and shall be properly divided into
academic terms in accordance with rule 3332-1-10 of the Administrative
Code. (C) "Distance education
course" is an individual course offered via distance education that is
part of either a distance education program or any other program approved by
the board. Schools may offer individual courses from a board approved program
via distance education. It is incumbent upon the school to demonstrate that any
course offered via distance education meets the objectives set forth within the
course curriculum and meets the requirements of this rule. (D) The board recognizes that requirements for facilities,
equipment, and methods of instruction for distance education programs and
courses are different from those of resident programs. Nevertheless, agency
3332 of the Administrative Code shall apply to distance education programs and
courses unless specified otherwise. (E) Distance education programs and courses require special
attention to educational objectives, instructional material, faculty training,
support services, and methods for timely interaction between faculty and
students. Schools seeking to offer any part of a program via distance education
shall provide documentation that the program or course adheres to the following
minimum standards: (1) The educational
objective shall be clearly defined for each program or courses, simply stated,
and of such a nature that they can be achieved through distance
education. (2) Distance education
courses and programs shall be comprehensive, rigorous, up-to-date, and
educationally sound. Instructional materials and technology methods must be
appropriate to meet the stated objectives of the program or
course. (3) The school shall
provide appropriate faculty, faculty training, and support services
specifically related to distance education. (4) The school shall
provide for methods of timely and systematic interaction between students and
faculty. (5) The school shall
employ an acceptable method for monitoring student academic progress and
participation in academic activity. (6) Upon enrollment in a distance
education program, the school shall provide placement assistance to students
that shall include, at a minimum, accurate information about expected
employment opportunities upon completion of the program. (7) The school shall
refund tuition and fees in accordance with rule 3332-1-10 of the Administrative
Code. For the purpose of calculating refunds, the last date of attendance shall
be the last date of documented student participation in an academic activity
unless another method for calculating attendance has been approved in writing
by the board. (F) In the event of a pandemic emergency
or other emergency situation as determined by the board, the executive director
may allow schools to temporarily transition onsite programs and courses to
distance education delivery methods where appropriate and reasonable and where
the school can adequately maintain its adherence to the program or course
curriculum and achieve the necessary program learning objectives. Temporary
distance education approval is subject to the following
conditions: (1) Within thirty days
after a school has begun offering courses or programs pursuit to being
authorized to offer temporary distance education programs the school shall
submit to the board a temporary distance education plan that explains the
methods and processes the school shall use to offer temporary distance
education and how those methods and processes meet the requirements of this
rule. (2) Temporary approval
for distance education delivery shall last for a time period as determined by
the board but shall not last for more than one year. Schools seeking to
continue offering distance education courses past the expiration of the
temporary approval period shall submit for approval of the distance education
courses through the normal approval process. (3) Schools that offer
programs that are approved by accrediting agencies or other regulatory agencies
shall also seek the approval of those agencies if required for distance
education programs or courses. (4) If a school that has
been given temporary approval for distance education delivery fails to
adequately offer distance education programs and courses that meet the minimum
standards of the board, the board retains the authority to immediately
terminate the temporary approval.
Last updated January 3, 2022 at 10:50 AM
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Rule 3332-1-07 | Equipment and facilities.
(A) All buildings where courses of instruction are being conducted must comply with all municipal, county, state, and federal regulations as to fire, safety, health, and sanitation codes or regulations. (B) Lighting, heating, and ventilation must meet institutional needs. The equipment and facilities must be suitable to meet the training specified in the course content for the maximum pupil enrollment. where applicable, all equipment, premises, and facilities must be safeguarded in conformity with state and federal rules and regulations. (C) Space available for training purposes shall conform to good school practices and standards. As a guideline, the board will use the Ohio building code requirement for determining classroom capacity. (D) Equipment shall be maintained in good working order and shall be updated as required and shall adhere to current occupational trends and employment market demands in the course of studies which the student is enrolled.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-08 | School administration.
(A) All schools shall maintain
appropriate student records of tuition fees paid, basis for admission, program
enrollment, enrollment and withdrawal dates, student evaluation, and progress
toward a degree, diploma or certificate. These student records shall be
maintained for a period of five years by the school, its successors or assigns.
Academic records (transcript) must be retained permanently. Any changes or
alterations to student records must be accurately documented and signed by an
appropriate school official. (B) Records of progress, and conduct must
be made available to the student at their request and at a time convenient to
the school. All schools shall periodically issue grade and progress reports to
enrolled students. (C) Each school must designate a school
director. The school director shall be directly responsible for the operational
management of academic affairs, student services, and business and
administrative services. (1) A school may appoint
assistants to the school director who shall be charged with responsibility in
the absence of the school director. (2) The school director
and other administrators must have educational qualifications and work
experience related to their areas of responsibilities. (3) Schools must notify
the board when they change school directors. (4) All school directors
must attend training as required by the board. (D) Each school shall maintain
administrative staff in sufficient numbers and quality to assure: (1) Understanding of and
identification with goals and purposes of the school and its
programs. (2) Continuity and
improvement of programs. (3) Effective operational
management through sound business practices. (4) Adequate facilities
and equipment to sustain competent instruction. (5) Adequate individual
attention to students including the ability to provide reasonable support to
students in academic guidance and placement assistance. (E) Individuals holding the following
positions, or similar positions, in licensed Ohio schools shall complete at
least twenty contact hours of continuing education, professional development or
professional in-service training related to their positions every two
years: (1) School
director; (2) Chief
education/academic officer or director of education; (3) Placement
director; (4) Admissions
director; (5) Financial aid
director; (6) Full-time faculty
member/instructor. (F) A minimum of four contact hours of
this continuing education or professional development shall be in courses
approved by the board that are related to compliance and ethics. (G) Each school shall be responsible for
maintaining records to support continuing education, professional development,
or professional in-service hours that have been completed. Records must be
maintained for a period of three years after the date of training and shall be
made available to the board for random audit and verification purposes. Records
required may include, but are not limited to: (1) A log showing the
type of activity completed. sponsoring organization, location, duration,
instructor or speaker's name, and hours earned; (2) Documents supporting
evidence of attendance such as completion certificates or attendance sign-in
logs. (H) Each school shall publish at least biennially a catalog
which includes accurate and factual information concerning: (1) Date of
publication. (2) Name and address of
school and certificate of registration number. (3) A calendar of the
school showing legal holidays, beginning and ending date of each term, and
other important school dates. (4) School policy and
regulations as to enrollment dates, entrance requirements, program requirements
and graduation requirements. (5) School policy and
regulations relative to student leave, absences, tardiness, makeup work, and
interruption or termination for unsatisfactory work or attendance. This policy
will define the grading system, the minimum grades considered satisfactory,
description of any unsatisfactory progress probationary period, and conditions
of re-entrance for students dismissed or suspended for unsatisfactory
progress. (6) Description of
content of programs, their purposes and objectives, their sequence, and special
admissions requirements if other than general. (7) Course descriptions
showing the type of skill or content to be learned, together with clock and/or
credit hours for the course. (8) School policy and
regulations relative to standards of academic progress for purposes of federal
and state financial aid programs. (9) Schedule of fees,
charges for student tuition, student activities, laboratory fees, rentals,
deposits, late fees, interest charges, and all other charges imposed by the
school. (10) Policy and
regulations of the school relative to the refund of tuition and
fees. (11) Policy pertaining to
the granting of credit for previous education, training, or
experience. (12) List of faculty and
administrators including related qualifications. (Changes from one catalog
period to another should be reflected in an insert) (13) Institutional
scholarship and grant plans, which must be approved by the board. (14) Initial in-school
student grievance procedure and subsequent avenues for student complaints to be
brought to the attention of the board. Statement must include the telephone
number and address at the board where student complaints are to be
directed. (15) A list of all
institutional and programmatic accreditation approvals that the school has
received for any of its programs. (I) Schools that maintain internet web sites shall make the
catalog and the information listed within this rule publicly available of the
school's internet web site.
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Rule 3332-1-09 | Student enrollment policies and practices.
Effective:
January 3, 2022
(A) It is the responsibility of the
school to determine with reasonable certainty, in advance of the acceptance of
a prospective student's enrollment, that the student meets the minimum
basic admissions qualifications as required by the school to successfully
benefit from the program they intend to enter. (B) Prior to a student's enrollment,
a school shall determine, with reasonable certainty, that a prospective student
is fully informed as to: (1) The graduation
requirements and expected outcomes of the program they desire to
take; (2) The financial
obligations they are entering into; (3) Their
responsibilities and rights under any contracts or agreements that they are
given to sign; (4) The placement and
graduation rates for the program they are entering into. No applicant will be
allowed to sign an enrollment agreement until the school has provided the
applicant with placement and graduation rates, for any program the student is
considering, for each of the preceding three years; and (5) The school's
most recently available passage rates on any state licensure exams related to
any program that the student is considering. (C) Prior to starting a program, all
potential students enrolled in an Ohio school must review and complete the
state board of career colleges and schools online student disclosure course as
required by the board. The cost of the disclosure course shall not exceed
twenty-five dollars per student for any new student who enrolls in a registered
Ohio school and for whom the school keeps any portion of the tuition or
registration fee. Schools that do not require that students pay tuition and
fees may request a waiver of the course fee. (D) A prospective student may be
officially enrolled in school only when they have completed the school's
enrollment agreement. A copy of the enrollment agreement must be furnished to
the student at the time the agreement is completed. (E) All enrollment agreements shall be on forms provided by the
school and contain the following minimum information: (1) Name, phone number
and mailing address of school. (2) Program title and
starting date. (3) Number of clock or
credit hours in the program including the number of weeks or months usually
necessary to complete the program. For clock hour programs, schools must also
list the number of clock hours in each academic term. (4) A breakdown of
tuition charges and all other school fees for which the student is responsible.
This breakdown shall include the tuition costs for the current academic term
and to the total projected tuition cost of the program at current tuition
rates. This breakdown shall also include a disclosure concerning any tuition or
fee increase policies that may affect the student before their expected
graduation date. (5) The school's
refund policy as required by rule 3332-1-10 of the Administrative
Code. (6) The school's
cancellation and settlement policy including notification that the enrollment
agreement may be canceled by submitting written notice within five days
pursuant to rule 3332-1-10 of the Administrative Code. (7) Signature or other
electronic verification from applicant and school official including the date
completed. (8) Notice to student
concerning their ability to file a complaint with the state board of career
colleges and schools including board's correct name, address and toll-free
telephone number. (9) Date of publication
and last date of revision as noted on the enrollment agreement. (F) A student who applies for financial aid through the school
shall be required to sign a statement acknowledging an understanding of the
financial obligations into which they are entering and a copy must be kept in
the student's file. (G) If a school accepts an enrollment from a person who does not
meet the normal basic qualifications for acceptance, it should have a record of
whatever communication has taken place about the prospective student and of the
reasons why they were permitted to enroll, and be prepared to justify its
action to the board in accepting the enrollment, if requested. (H) No school shall accept an enrollment from a person of
compulsory school age unless legally dismissed from school, nor one attending a
school of elementary or high school level, until and unless it has been
established through contact with properly responsible persons that pursuit of
the course would not be detrimental to his/her regular school
work. (I) If a school requires a high school
diploma or GED for admission to a program, a student may be admitted to the
program upon written verification from the student that they have received
their high school diploma or GED. The board may require schools to audit
admissions records and provide independent verification from the appropriate
high school, state department of education or other independent source
verifying that the student has received their high school diploma or GED. If
the school is unable to obtain this independent verification, the student must
be withdrawn at the end of the students current academic
term. (J) If a school requires a high school
diploma or GED for admission to a program the school may not accept any high
school diploma from an online or correspondence high school unless the high
school is: (1) Authorized to offer
online or correspondence high school diplomas by the state they are located
within; or, (2) Accredited by an
accrediting agency recognized by the US department of education and authorized
to issue high school diplomas by that accrediting agency; or, (3) Approved in writing
by the state board of career colleges and schools. (K) It is the responsibility of each school to assure that their
enrollment agreement is in compliance with this rule. The board reserves the
right to periodically review and inspect enrollment agreements and to require
changes to comply with this rule.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-10 | Tuition and fees.
Effective:
January 3, 2022
(A) Tuition (1) Each school must
establish a total tuition charge for each program of instruction and the
tuition charge must be applied uniformly to all students. This requirement does
not apply to group tuition rates to business firms, industry, or governmental
agencies that are documented by written agreements between the school and the
respective organization. All possible tuition or fee increase policies that may
affect a student before their expected graduation date must be set forth in the
student's enrollment agreement. (2) Any additional fees
for activities, books, equipment (to be purchased or rented), or room and board
shall be stated separately on the school's enrollment agreement and in the
school catalog. (B) Other fees: (1) A school may charge
an application, enrollment or registration fee of not more than fifteen per
cent of the total tuition charge for the program or one hundred and twenty-five
dollars, whichever is the lesser. This fee is refundable only under the
provisions of paragraph (F)(1) of this rule. (2) All other fees
including fees for activities, equipment, books, laboratory supplies,
graduation expenses, and room and board must be set forth on the school's
enrollment agreement and uniformly applied. Administrative, academic, general
supply and any other general fees are considered refundable fees and are
refundable in the same manner as a school's tuition. Fees for books or
other specifically designated school supply items are refundable in the manner
prescribed by rule 3332-1-10.1 of the Administrative Code. (C) Collecting tuition and
fees (1) All schools must
collect and assess tuition and fees as follows: (a) Credit hours - for programs organized on a credit hour basis,
schools may collect and financially obligate students for tuition and fees for
a maximum of one quarter or semester. Any student loans or other financial aid
funds received by a school must collected and disbursed in accordance with
paragraph (D) of this rule. (b) Clock hours - for programs organized on a clock hour basis,
unless otherwise specifically approved by the board in writing, schools may
collect and financially obligate students for tuition and fees for a maximum of
three hundred clock hours or six months of instruction at a time, and may not
collect or financially obligate students for tuition and fees for the next
three hundred hour or six-month segment until it begins. Any student loans or
other financial aid funds received by a school must collected and disbursed in
accordance with paragraph (D) of this rule. (D) Student loans and financial
aid (1) Student loans or
other financial aid funds received from federal, state, or local governments or
administered under the federal student financial assistance programs governed
by Title IV of the "Higher Education Act of 1965," 20 U.S.C.A. 1070
et seq., as amended, must be collected and applied in the manner as controlled
by the applicable federal, state, or local regulations. (2) Student loans or
other financial aid funds received from private entities including, but not
limited to, banks, financing companies, credit card companies, and other
lending sources must be collected or disbursed in the following
manner: (a) Loans or other financing payments for amounts less than five
thousand dollars may be disbursed as a single disbursement, regardless of
course length. (b) Loans or other financing payments for amounts greater than
five thousand dollars that reflect a class term less than six months must have
two equal disbursements. The disbursement schedule is as follows: one-half of
the tuition amount released initially, and the remainder released half way
through the course term. (c) Loans or other financing payments for amounts greater than
five thousand dollars that reflect a class term greater than six months, but
less than twelve months must have three equal disbursements. The disbursement
schedule is as follows: one-third of the tuition amount released initially, the
second disbursement will be released one-third of the way through the length of
the training, and the remainder released two-thirds of the way through the
course term. (d) Loans of other financing payments for amounts greater than
five thousand dollars that reflect a class term greater than twelve months must
have four equal disbursements. The disbursement schedule is as follows:
one-quarter of the tuition amount released initially, the second disbursement
will be released one-quarter of the way through the length of the training, the
third disbursement will be released half way through the length of the
training, and the remainder will be released three-fourths of the way through
the training. (3) No school may enter
into any contract or agreement with, or receive any money from, private
entities including, but not limited to, banks, financing companies, credit card
companies, and other any other private lending sources unless the private
entity has a disbursement policy that, at a minimum, meets the requirements of
paragraph (D)(2) of this rule. (E) Tuition charges and other fees cannot
be discounted. Discounting is not necessarily limited to the following
examples: (1) Offering a student
applicant a lower tuition rate if payment is made before a certain
date. (2) Offering an incentive
of lower tuition to a student for aiding in the recruitment of other potential
or actual students. (3) Allowing a student to
work at the school in lieu of tuition payments or a lower tuition
payment. (4) Offering lower
tuition for payment in cash. (5) Offering lower
tuition when other members of a student's family attends the
school. (6) The tuition
discounting prohibition shall not apply to tuition discounts provided to
employees or members of an employee's family where the discount is
available to all similarly situated employees and their families. (F) Uniform tuition refund
policy. (1) An enrollment
agreement or school application may be canceled within five calendar days after
the date of signing provided the school is notified of the cancellation in
writing. The school shall promptly refund in full all tuition and fees paid
pursuant to the enrollment agreement or school application. Such refund shall
be made no later than thirty days after cancellation. This provision shall not
apply where a student has already started classes. (2) The state refund
policy as set forth in this rule must be uniformly applied to all students,
unless the use of local, federal or state financial aid funds mandates the use
of the refund policy required by another governmental entity. Schools may use a
refund policy that is different from the policy required by this rule if the
proposed refund policy is uniformly applied in that school and is more
favorable to students and has been approved in writing by the
board. (3) The refund policy of
each registered school must be identified and printed on the enrollment
agreement and in the school's catalog. (4) Schools are not
required to take daily attendance. However, if a schools does not take daily
attendance it must develop an alternative method to accurately determine a
student's last date of attendance for refund purposes and this alternative
method must be approved by the board in writing. (5) Refunds shall be made
within thirty days after the school has determined that a student has withdrawn
unless another refund period is mandated by the use of state or federal
financial aid funds. If a student ceases attending school but does not
officially notify the school of their withdrawal, the school must treat the
student as withdrawn within sixty days of the student's last date of
attendance or participation in an academic activity. (6) A student's
withdrawal date used to calculate refunds shall be the student's last date
of attendance and participation in an academic activity unless another method
for calculating withdrawal dates has been approved by the board in accordance
with paragraph (F)(4) of this rule. A school may not require that notice of
withdrawal be in writing, on or in any particular form, or delivered in any
specific manner. (7) Schools must complete
a refund calculation for each student who officially withdraws, is dismissed,
or otherwise ceases attending and a record of the refund calculation must be
kept in the student's file. If it is determined that a student is owed a
refund the refund must be issued in accordance with paragraph (F)(5) of this
rule. If it is determined that that a student is not due a refund, the student
must be notified of the determination in writing, within sixty days of the
student's last date of attendance, and a full explanation must be made to
the student. Any correspondence or other communication dealing with refunds
shall be kept in a student's permanent records. (8) Schools may not
assess any additional fees associated with a student's withdrawal or
termination from school. (9) Schools that collect
and financially obligate students for tuition charges in individual courses
within a program may use a separate courses refund policy if the policy is
uniformly applied and approved in writing by the board. (10) Schools may develop
separate refund polices for determining refunds where students withdraw from
individual courses during an academic term but remain enrolled in other courses
at the school. (11) If a student stops
attending classes and is placed on a leave of absence in lieu of a withdrawal
from school, the school must document the nature of the leave of absence and
the date the leave of absence ends. No leave of absence may exceed six months
unless it is a military leave of absence or otherwise approved in writing by
the board. A student who fails to return to school at the end of a leave of
absence shall be formally withdrawn from the school and any refund of tuition
and fees shall be issued in accordance with the last date of a student's
attendance in class or participation in an academic activity. (12) Pursuant to section 3332.20 of the Revised Code
institutions shall grant a student a military leave of absence from the
institution while the student is serving on active duty and for one year after
the conclusion of that service. The student shall not suffer academic penalty
as a result of the leave of absence. Tuition refunds for students on a military
leave of absence shall be calculated in accordance with section 3332.20 of the
Revised Code. (13) State refund policy for programs
organized on a credit hour basis. (a) A student who starts class and withdraws during the first
full calendar week of the quarter or semester shall be obligated for
twenty-five per cent of the tuition and refundable fees for that academic term
plus the registration fee. (b) A student who withdraws during the second full calendar week
of the academic term shall be obligated for fifty per cent of the tuition and
refundable fees for that academic term plus the registration fee. (c) A student who withdraws during the third full calendar week
of the period academic term shall be obligated for seventy-five per cent of the
tuition and refundable fees for that academic term plus the registration
fee. (d) A student who officially withdraws beginning with the fourth
full calendar week of the academic term will not be entitled to a refund of any
portion of the tuition or refundable fees. (14) State refund policy for programs
organized on a clock hour basis: (a) All clock hour programs that exceed three hundred clock
hours must be broken into academic terms in accordance with paragraph
(F)(11)(b) of this rule and as approved by the board. The number of clock hours
in each academic term must be set forth on the school's enrollment
agreement. Each academic term shall constitute a separate refund
period. (b) For programs operating on a clock hour basis, programs of
three hundred to six hundred hours will be considered equivalent to two
academic terms and, therefore, shall be divided by two. Programs of six hundred
to nine hundred clock hours shall be considered to be equivalent to three
academic terms and shall be divided by three. Programs that are more than nine
hundred hours but that are normally completed in less than one calendar year
shall be divided by four. Programs that are normally completed in more than one
year shall consider the clock hours scheduled in the second year as new
academic terms and those clock hours occurring in the second year shall be
divided in accordance with this paragraph. (c) Refunds in clock hour programs shall be made for each
academic term in accordance with the following procedures: (i) A student who starts
class and withdraws before the academic term is fifteen per cent completed will
be obligated for twenty-five per cent of the tuition and refundable fees for
the current academic term plus the registration fee. (ii) A student who starts
class and withdraws after the academic term is fifteen per cent complete but
before the academic term is twenty-five per cent completed will be obligated
for fifty per cent of the tuition and refundable fees for the current academic
term plus the registration fee. (iii) A student who
starts class and withdraws after the academic term is twenty-five per cent
complete but before the academic term is forty per cent completed will be
obligated for seventy-five per cent of the tuition and refundable fees for the
current academic term plus the registration fee. (iv) A student who starts
class and withdraws after the academic term is forty per cent completed will
not be entitled to a refund of the tuition and fees for the current academic
term. (G) In the case of documented student
illness or accident, death in the family, or other circumstances beyond the
control of the student, the student may be entitled to special consideration
and the school may settle the account for an amount which is less than that
called for by the school's established policy. (H) Schools that have their program
authorization revoked for cause for any specific program shall provide students
enrolled in the program at the time of revocation who have not completed the
program and who are unable to complete the program at another institution, the
opportunity to receive a refund of all tuition and fees paid for the program.
Any refund of tuition and fees under this provision shall first be made to the
applicable student aid lenders of each affected student. (I) Collection procedures used by the school must be consistent
with the laws and rules applicable thereto. (J) Schools may adopt policies related to the continuing
matriculation or graduation of students who have unpaid tuition and fees or who
are not in compliance with institutional payment plans. These policies shall be
clearly stated in the school's catalog and may include restrictions such
as not permitting students to start new academic terms, preventing students
from graduating, and holding student transcripts. However, schools shall not
prevent students from completing an academic term in progress or impose other
academic restrictions during the course of an academic term unless those
consequences are set forth in the school's institutional payment plans or
other school policies published in the school catalog. (K) Schools that have closed and ceased operating shall not
refuse to issue or release transcripts due to unpaid tuition or fees or impose
any other financial restraint or condition on the release of student
transcripts and other academic records. If the school transfers its academic
records to another entity for storage or servicing, the entity in possession of
the academic records shall not refuse to issue or release transcripts due to
unpaid tuition or fees or impose any other financial restraint or condition on
the release of student transcripts and other academic records other than normal
and customary fees for processing records requests and issuing student
transcripts.
Last updated January 3, 2022 at 10:50 AM
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Rule 3332-1-10.1 | Refunds for books, fees and supplies.
(A) In the event that a student withdraws or is dismissed from school, all efforts will be made to refund pre-paid amounts for books, fees and supplies except for those items determined to fall within the preview of paragraphs (B)(1) and (B)(2) of this rule. (B) Charges for required purchase of books, fees and supplies can be non-refundable if the student has consumed or used the books, fees and/or supplies. Consumption of books, fees and supplies shall be defined as: (1) Items that were special ordered for a particular student and cannot be used by or sold to another student; or, (2) Items that were returned in a condition that prevents them from being used by or sold to new students. (3) Individually documented non-refundable fees for goods or services provided by third party vendors. (C) Items or services not delivered to the student cannot be considered consumed except for those items covered by paragraph (B)(1) of this rule. (D) A record of the refund determination for books, fees and supplies shall be kept in the student's record.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-11 | Scholarships and institutional grants.
Effective:
January 4, 2016
(A) Institutional scholarship award plans are tuition and fee credits or other institutional financial aid programs intended for applicants or other interested persons prior to enrollment in school. All institutional scholarships provided and administered by the school must be approved by the board, prior to the awarding of any scholarships by the school. All scholarship awards will be chosen by a committee of persons who are not employed by the school. The names of scholarship applicants will not be released to the school without board approval. The scholarship plan must be printed in the school catalog or bulletin and will provide the following information. (1) Name of the scholarship award. (2) Number of awards available during each session or term. (3) Value of the scholarship. (4) Eligibility requirements for the award. (5) Application dates and deadlines. (6) How the scholarship will be awarded (tuition credit, cash, book credit, etc.). (7) Whether the scholarship can be renewed, and if so, the requirements for renewal. (8) The source of the scholarship. Whether it is funded by the school, an outside entity or other source. (B) Institutional grant award plans are tuition and fee credits or other insitutional financial aid programs intended for students after their enrollment in school. All institutional grants provided and administered by the school must be approved by the board, prior to the awarding of any institutional grants by the school. All institutional grant programs must have specific eligibility requirements. Institutional grants that are based upon a student's financial need must contain specific objective criteria for determining financial need. The institutional grant plan must be printed in the school catalog or bulletin and will provide the following information: (1) Terms that govern the awarding of institutional grants. (2) Value of the grant. (3) Eligibility requirements for the grant. (4) How the grant will be awarded (tuition credit, cash, book credit, etc.). (5) Whether the grant can be renewed, and if so, the requirements for renewal. (C) A school must file a scholarship or grant application with the board and the board will notify the school when the application has been approved in accordance with this rule. (D) In the event that a school fails to follow a scholarship or grant application as approved by the board, the board may, upon a written notice, revoke the school's authorization for issuance of scholarships or grants. The board may also take other punitive action if the violation warrants such action.
Last updated June 25, 2021 at 1:27 PM
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Rule 3332-1-12 | Advertising, promotional literature and publicity.
(A) Any advertisement or promotional
literature written or used by a school holding a certificate of registration
with the board must carry the name, address, and registration number as listed
on its certificate of registration. (B) No school or its agents shall
advertise or imply that the school is "recommended" or
"endorsed" by the board. If reference is made to the certificate of
registration issued by the board, this official reference shall only read,
"approved by the state board of career colleges and
schools." (C) Any advertisement or piece of
promotional literature written or used by a school holding a certificate of
registration with the board must be completely truthful and must be prepared
and presented in such a manner as to avoid leaving any false, misleading or
exaggerated impressions with respect to the school, its personnel, its courses
and services, or the occupational opportunities for its graduates. (D) Schools or representatives shall not
use a picture, photograph, cut, engraving, or illustration in bulletins, sales
literature, web pages or other promotional material, in such a manner as to
convey a false impression. (E) A guarantee of placement for
graduates must not be promised or implied by any school, agent, or
representative thereof. No school in its advertising or through its
representatives or agents shall guarantee or imply the guarantee of employment
before enrollment, during the pursuance of the program, or after the program is
completed. (F) No school shall guarantee any certain
wage, or imply earnings greater than the prevailing wage earned by the
school's graduates as documented by the school's placement records.
For new programs that have no current graduates, information provided to
students about potential wages should be corroborated by verifiable
documentation concerning entry level wages in the field of study. (G) No owner, partner, officer, employee, agent, or other person
acting on behalf of any school shall make any fraudulent statement,
misrepresentation, or misleading statement of fact. (H) Schools using classified columns of newspapers or other
employment related publications, including web sites or internet search
engines, to procure students must use only such classifications that are headed
by "education," "schools," "instruction," or
other categories that include advertisements for schools and programs.
"Help wanted," "employment," or " job
opportunities," classifications that are specifically directed at
employment opportunities may be used only to procure employees for the
school. (I) No school may advertise that it is endorsed by, or partners
with, business establishments, manufacturers, organizations or individuals
engaged in the line of work for which it gives training, until the school has
obtained written evidence of this endorsement and the written evidence must be
kept on file for inspection by the board. (J) No school may claim accreditation
from an accrediting agency through any of its advertising, promotional
material, or during the solicitation process unless the accrediting agency is
currently recognized as an accrediting agency by the United States department
of education or has otherwise been approved in writing by the
board. (K) Schools that contract with outside service providers
that provide marketing or advertising services shall be responsible for
assuring that the contract service providers adhere to the standards set forth
in agency 3332 of the Adminsitrative Code. Schools shall be subject to
discipliary action in accordance with Chapter 3332. of the Revised Code for any
acts or omissions committed by contract service providers that violate any
provision of agency 3332 of the Administrative Code.
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Rule 3332-1-12.1 | Recruitment and solicitation of students.
Effective:
January 4, 2016
(A) Solicitation and recruitment of prospective students must be conducted by an employee of the registered school (not by an independent contractor or other third party). Solicitation and recruitment may be conducted through means such as: (1) Telemarketing; and, (2) Direct mail; and, (3) School fairs; and, (4) Print or electronic media. (B) All persons whose primary job duty includes the solicitation of students must possess an agent permit as required by rule 3332-1-17 of the Administrative Code. (C) All persons involved in solicitation and recruitment who are not licensed as agents must still conduct their recruiting and solicitation activities within the ethical standards set forth in rules 3332-1-17.1 and 3332-1-17.2 of the Administrative Code. (D) Schools are prohibited from soliciting prospective students through contact with members of the public on public streets, sidewalks, and parking lots, on public modes of transportation, in and around other schools, door-to-door, and in buildings open to the public such as welfare offices unless the activity has been requested or approved by that agency or the entity controlling the premises. Where approved, schools must utilize booths, tables, or offices which clearly identify the name of the school and the training programs offered.
Last updated June 25, 2021 at 1:27 PM
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Rule 3332-1-13 | Surety Bonds.
Effective:
January 28, 2004
(A) Pursuant to section 3332.08 of the Revised Code, the application for a certificate of registration shall be accompanied by a surety bond in the penal sum as determined by paragraph (E) of this rule. The bond shall be in a form prescribed by the state board of career colleges and schools with at least one corporate bonding company approved by the department of insurance as surety thereon. Bond shall be maintained in effect for a period as determined by paragraph (F) of this rule. The bond shall provide for indemnification of any person suffering prepaid tuition loss as the result of a school closure, program termination or other acts or omissions resulting in the cancellation, revocation, or expiration of a certificate of registration or program authorization. (B) The liability of the surety on the bond shall not exceed the sum of the face value of the bond as determined by the board as an aggregate for all students for all breaches of the conditions of the bond by the school. The term of the bond shall be continuous, but it shall be subject to cancellation by the surety in the manner described in this rule. (C) The surety may terminate the bond upon giving a sixty-day written notice to the principal and to the state board of career colleges and schools, but the liability of the surety for the acts of the principal continues during the sixty days of the cancellation notice. The notice does not absolve the surety from liability which accrues before the cancellation becomes final, but which is discovered after that date and which may have arisen at any time during the term of the bond. Unless the bond is replaced by that of another surety before the expiration of the sixty days notice of cancellation, the school's certificate of registration shall be suspended. (D) Any person subject to this section required to file a bond with an application for a certificate of registration, may file, in lieu thereof, cash, a certificate of deposit, or government bonds in the amount of the face value of the bond as determined by the board. The deposit is subject to the same terms and conditions as are provided for in the surety bond required herein. Any interest or earnings on such deposits are payable to the depositor. (E) Penal sum of bond (1) The minimum penal sum of any bond maintained by a registered school under this rule shall be ten thousand dollars. (2) A registered school will be required to maintain a bond with a penal sum in excess of ten thousand dollars if it meets any of the following conditions: (a) The school fails to meet the board's standards of fiscal responsibility. (b) The school maintains over one hundred thousand dollars in prepaid tuition revenue as calculated by the board and excluding prepaid tuition revenue that consists of government grants or federal student loans and grants authorized under Title IV of the "Higher Education Act of 1965," 20 U.S.C.A. 1070 et seq., as amended. (3) A school that fails to meet the board's standards of fiscal responsibility shall be required to maintain a bond in a penal sum equal to fifty percent of the school's prepaid tuition revenue as calculated by the board. (4) A school that maintains over one hundred thousand dollars in prepaid tuition revenue as calculated by the board and excluding prepaid tuition revenue that consists of government grants or federal student loans and grants authorized under Title IV of the "Higher Education Act of 1965," 20 U.S.C.A. 1070 et seq., as amended, shall be required to maintain a bond in the penal sum of ten thousand dollars plus fifty percent of the school's prepaid tuition revenue that exceeds one hundred thousand dollars as calculated by board. (F) Term of bond (1) New schools registered with the board and the schools changing ownership on or after the effective date of this rule shall be required to maintain a bond for a minimum period of five years. After five years, a school may request that it permitted to cancel its bond. The board may allow any school that falls within the minimum bonding requirement of ten thousand dollars to cancel its bond if the school has demonstrated that it meets the board's standards of fiscal responsibility. (2) Schools currently registered with the board on the effective date of this rule that were required by the board to maintain a bond prior to the effective date of this rule, shall be required to obtain a bond meeting the conditions of this rule within sixty days of the effective date of this rule. (3) Schools holding a certificate of registration that were not required by the board to maintain a bond prior to the effective date of this rule, will not be required to maintain a bond under the provisions of this rule unless the school falls within the provisions of paragraph (E)(2) of this rule. (G) Letters of credit, certificates of deposit, government bonds or cash deposited with the board in lieu of a surety bond are subject to the same conditions as are provided for in the surety bond required by this rule. Each letter of credit, certificate of deposit, government bond or cash shall be filed in accordance with the forms and instructions provided by the board.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-14 | Student surveys.
Effective:
January 3, 2022
(A) Pursuant to section 3332.051 of the
Revised Code all registered schools must administer student surveys which shall
be used to solicit comments from students enrolled at the school. The survey
shall be designed to determine student satisfaction with the quality of
instruction, facilities, school personnel, and business operations, including
recruitment and recruitment agents. (B) Surveys shall be administered at
least once each school year and at least once before the completion of a
program. (C) Completed surveys shall be collected
by the holder of the certificate of registration or the director or
administrator of the school and shall be compiled by the school. Each school
shall retain the individual surveys and the compiled results on file for at
least three years and shall make them available to the state board for
examination upon request. Each school shall be responsible for ensuring that
completed surveys are in no way altered. (D) To protect the confidentiality of
students, student's names shall not be included on the student surveys. At
no time should any school official discuss with any student any information
reported on a student survey unless the student requests that the information
be discussed. Schools shall develop means to protect the confidentiality of
information reported on a student survey. (E) No administrator who is also an
instructor may administer a survey to any class he or she instructs or tabulate
the results of that survey without the approval of the executive director of
the state board of career colleges and schools. (F) A survey may be administered on a
form provided by the board or on a form provided by the school, provided it
conforms with all the requirements of this rule. The survey form shall measure
the following items: (1) The survey shall
measure the student's satisfaction with the instruction he or she has been
receiving from the beginning of the term, quarter, or semester in the specific
class in which the survey is being administered. It shall enable the student to
convey the degree of satisfaction he or she has with the teaching ability of
the instructor; those personal qualities of the instructor essential to
effective relationships with students; and physical aspects of the classroom,
including equipment employed, that relate materially to an appropriate and
effective learning environment. (2) The survey shall also
measure the student's satisfaction with the overall quality of his
educational experience at the school. It shall enable the student to express
the degree of his or her satisfaction with all instruction received, the
program he or she is taking, the equipment used in the courses taken to date,
the school facility in which instruction has been provided, and the services
provided by staff members other than instructors. It shall also enable the
student to express the degree of his or her satisfaction with the integrity of
the school demonstrated in its recruitment and business practices, by its
recruitment agents and administrative staff, and in its responses to the
student's concerns or complaints. (3) The survey shall
also ask the student whether he or she would recommend the school in which he
or she enrolled to a friend. (G) Schools may also be required to
administer student surveys on behalf of the board in order to determine student
satisfaction.
Last updated January 3, 2022 at 10:50 AM
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Rule 3332-1-15 | Program authorization.
Effective:
February 15, 2019
(A) The board may issue program
authorization for a degree, certificate, or diploma program to an applicant
holding a certificate of registration issued pursuant to section 3332.05 of the
Revised Code upon receipt of the fee established in accordance with this rule
and upon determining that the program meets the minimum standards established
in accordance with rule 3332-1-16 of the Administrative Code. The general
requirements and procedures for program authorization are as
follows: (1) A school shall make
application for all programs the school intends to offer using applications
provided by the board. (2) Fees for the initial
issuance and renewal of program authorization will be determined by the board
and set forth in the board's fee schedule. Each application for initial
and renewal program authorization may be assessed a non-refundable
fee. (3) When a new program is
proposed for which no criteria have been established by the board, the school
may be required to provide the board with an evaluation of the proposed program
by an advisory committee of prospective employers who shall satisfy the board
as to the merits of the specific program. (4) No school may
discontinue any program of instruction without board approval until such time
as students therein have completed said program and the board has been
notified. (B) No school, person, or other entity
may offer or solicit students for any program prior to receiving program
authorization from the board. (C) Program authorization is granted for individual programs and
is valid for a period of time specified by the board. Applications for renewal
must be received by the board no less than sixty days prior to the expiration
of the certificate of program authorization. The effective date of program
re-authorization will normally be the anniversary date of the original program
authorization or the date of last renewal of the program
authorization. (D) The length or major content of any approved program may not
be altered without the administrative approval of the board, subject to the
following provisions: (1) Program course
content revisions required to maintain currency or relevance within the
occupational field that does not result in course objective or title changes
may be accomplished without board approval. (2) Program revisions
that include course deletions or additions, name changes, a change in credit or
clock hours of twenty per cent or more, or a change in the method of curriculum
measurement hours (clock, quarter, or semester) will require board
administrative approval. Such program revisions may be assessed a fee as
determined by the board's fee schedule.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-16 | Program standards.
(A) All schools submitting programs for
approval by the board shall meet the minimum standards of this
rule. (B) All programs approved by the board
shall meet the following minimum standards: (1) Each program of
instruction shall be described in a manner that concisely and accurately
conveys the following to a prospective student: (a) The specific content of the curriculum; and (b) The intended employment outcomes including any state
occupational licensure requirements; and (c) The entrance and graduation requirements. (2) A school must submit
to the board with the application for new program authorization a list of
instructors and their relevant academic and employment qualifications. If the
school has not yet hired instructors for the program the school shall submit
proposed hiring criteria for the program instructors. For each new instructor
hired to teach a program, a school must keep documentation of the instructor
qualifications including resume and academic transcripts in a format that may
be reviewed by the board. (3) The classroom,
laboratory facilities and equipment must be appropriate to the program of
study. At the time of submitting the application, each school must submit a
list of equipment and include with the application a timetable as to when such
equipment shall be made available. (4) A school shall
provide library resources appropriate to the program(s) of study along with
standard works of reference. (5) Titles of
representative entry level positions for which graduates can be prepared shall
be specifically stated in the request for program authorization. Realistic
advancement opportunities that can be enhanced by successful employment
experience shall be stated when appropriate. (6) If internships,
externships, or clinicals are necessary as a part of a school's
educational program, schools must demonstrate that they have secured a
sufficient number of internship, externship or clinical site agreements to meet
the needs of students in the program. (7) A school must certify
that all students who receive a grant pursuant to section 3333.122 of the
Revised Code maintain an academic record that meets or exceeds the
school's standards for satisfactory progress as set forth in the
school's catalog. (8) Program names must
accurately reflect the content of the program and the potential employment
outcomes. No program shall use the word "certified" in the program
name unless the program is specifically designed to lead to an industry
recognized certification. (9) If the program
requires approval of another state agency, the school may be required to
provide documentation of the additional approval as part of the program review
process. (10) All programs must be
designated as either credit hour programs or clock hour programs. All credit
hour programs must award credit in either whole or half numbers. (11) Programs that are
designed to prepare students for employment in a field that requires state
licensing shall provide students with appropriate assistance in preparing for
state administered professional licensing exams related to the program in which
the student is enrolled. These programs must also maintain minimum acceptable
passage rates on state licensing exams, as determined by the requisite
professional licensing agency. (12) A school may
contract with outside service providers to provide course content or other
training services and the school shall be responsible for assuring that the
contract service providers adhere to the standards set forth in agency 3332 of
the Adminsitrative Code. Schools that are accredited must also demonstrate that
the proposed use of contract service providers is in compliance with the
school's accreditation standards. Schools shall be subject to discipliary
action in accordance with Chapter 3332. of the Revised Code for any acts or
omissions committed by contract service providers that violate any provision of
agency 3332 of the Administrative Code. (C) All certificate and diploma programs
approved by the board shall meet the following minimum standards: (1) "Certificate
program" means generally one or more technical courses usually completed
in one to twenty-six weeks, with a single skill objective and generally
consisting of at least twenty and no more than six hundred clock hours or
thirty-six quarter credit hours or twenty-four semester credit hours. In
special cases, non-technical may be included when it is demonstrated such
courses are essential to the program and occupational outcomes. (2) "Diploma
program" means a program of instruction offering technical and
non-technical coursework. The program shall generally range in length from more
than six hundred but less than fifteen hundred clock hours; or more than
thirty-six but less than ninety quarter credit hours; or more than twenty-seven
but less than sixty semester hours. (3) Generally eighty per
cent of a certificate program's curriculum shall be in the technical
courses that support the program's objectives. The curriculum must state
whether it will be measured in credit or clock hours. (4) Generally seventy per
cent of a diploma program's curriculum shall be in the technical courses
that support the program's objectives. The curriculum must state whether
it will be measured in credit or clock hours. (5) A certificate or
diploma program instructor whose teaching assignment is in the occupational
specialty must have a high school diploma or GED, other formal training or
certification necessary to the program, and have demonstrated competency as a
wage earner, for at least three years, in the related technical field.
Instructors teaching general education courses shall hold a bachelor's
degree with a concentration in the discipline as a minimum. (6) Initial program authorization will be
for a period not to exceed two years in length. Renewal of program
authorization will coincide with the renewal of certificates of
registration. (D) All associate degree programs
approved by the board shall meet the following minimum standards: (1) "Associate
degree program" means a program of instruction consisting of technical and
non-technical courses in which full-time students may complete program
requirements in a minimum of two academic years, six to eight academic
quarters, or four semesters. (2) All associate degrees
awarded by Ohio schools approved by the board shall be designated as
"associate of applied science" or "associate of applied
business" unless the associate degree program meets the requirements of
paragraph (D) of rule 3333-1-04 of the Administrative Code. (3) A school seeking initial program
authorization for an associate degree program must have received a grant of
institutional accreditation by a national or regional accrediting agency that
is recognized and approved by the United States department of
education. (4) A school seeking program
authorization for an associate degree program must meet one of the following
minimum requirements: (a) The school must have been in operation, with students
enrolled, for a minimum of two years, prior to submitting an application for
consideration; or, (b) The school must have been under the same ownership as another
school that has previously been approved to award associate degrees by the
board or by another state for at least two years; or, (c) The school must have been approved by another state to award
associate degrees for a period of at least two years; or, (d) The school has been permitted by the executive director to
grant associate degrees in approved teach-out situation. (5) The curriculum for an associate
degree program shall consist of a minimum of ninety quarter hours or sixty
semester hours of instruction and shall include: (a) A minimum of forty-two quarter credit hours or twenty-seven
semester credit of non-technical course instruction. (b) A minimum of fifty per cent of quarter or semester hours of
technical course instruction directly related to the program's
occupational objectives. (c) A maximum generally of one hundred ten quarter credit hours
or seventy-three semester hours unless otherwise approved by the
board. (d) Remedial coursework shall not be academically
creditable. (e) Schools may submit a program authorization request to
deviate from the associate degree program credit hour requirements so long as
the school demonstrates that the program is in compliance with the
school's accreditation requirements and is otherwise in compliance with
this rule. (6) Associate degree program
authorization and renewal authorization shall be for a time period as
determined by the board not to exceed two years. Associate degrees shall be
renewed and assessed fees for a period that coincides with the approval cycle
for a school's certificate of registration. (7) A major is a specialization within an
associate degree program. Generally, a minimum of twenty percent and no more
than thirty percent of the total hours in the program must be allocated to the
technical discipline named in the major. (8) A concentration is a
specialization within an associate degree program that is less intense than a
major. A minimum of thirteen quarter hours or eight semester hours and no more
than nineteen percent of the total hours in the program must be allocated to
the technical discipline named in the concentration. (9) A school offering an associate degree
shall maintain a library supervised by a trained librarian or competent staff
member. The library shall provide appropriate access within the school to
standard reference, periodicals and books consistent with the curriculum
offerings. The physical holdings may be augmented by an approved cooperative
arrangement with another library or by electronic access. The hours of
operations for the library shall be for the convenience of the students
attending the institution. An area for students to study must be
provided. (10) A school proposing to offer the
associate degree should form an advisory committee that utilizes appropriate
persons to advise in the establishment and maintenance of a quality educational
program. The advisory committee should be composed of individuals who are not
employed by the institution, but who are recognized as practitioners from the
community in the disciplines encompassed by the associate degree. Advisory
committees shall meet at least once per year to review the program curriculum
and program outcomes and the school shall keep minutes of the advisory
committee meetings available for inspection by the board. (11) Before the establishment of the
associate degree program, a school shall have at least one person employed to
offer leadership in program development, work with advisory committees,
recommend equipment and monitor the program's implementation and
operation. Such a person must be competent in the field of instruction either
by training or work experience or a combination of both. (12) A school offering an associate degree
shall provide academic advisement for all students. (13) Students admitted to
an associate degree program shall be a high school graduate or possess the
GED. (14) A student may be
admitted to the associate degree program upon written verification from the
student that they have received their high school diploma or GED. The board may
require schools to audit admissions records and provide independent
verification from the appropriate high school, state department of education or
other independent source verifying that the student has received their high
school diploma or GED. If the school is unable to obtain this independent
verification, the student must be withdrawn at the end of the students
current academic term. (15) Instructors with teaching assignments
primarily in technical areas of an associate degree program shall have the
following minimum qualifications: (a) Formal education appropriate to the specialization, usually
including the bachelor's or master's degree or their equivalent as
demonstrated by expertise, license, or certification and three years work
experience; or (b) Practical experience other than teaching in the appropriate
specialization, as demonstrated by full-time employment for five years in the
career area, or a related field, and evidence of professional certification in
the field of concentration. (16) All instructors whose assignments are
primarily in the teaching of the general studies curriculum should hold a
master's degree or have bachelor's degree in the subject matter
discipline, and should also show evidence of professional development in the
subject matter discipline. (17) Full-time instructors who teach in
the general studies portion of any degree program must have the following
qualifications: (a) Hold a master's degree in the subject matter discipline
he/she is assigned to teach; or (b) Hold a master's degree in education with proficiency in
the subject matter discipline; or (18) For purposes of this rule only,
"full-time instructor" means an instructor who is assigned for at
least thirty hours per week of instruction, laboratory teaching or office
hours; (E) All advanced degree programs approved
by the board shall meet the following minimum standards: (1) "Advanced degree
program" means a program of instruction at the baccalaureate, masters or
doctorate level of instruction. (2) All advanced degree
programs offered by Ohio based schools must be approved by both the board and
the Ohio department of higher education in accordance with section 3332.05 of
the Revised Code. During any review of advanced degree programs the board will
use the standards adopted by the Ohio department of higher education. The board
shall not issue such final program authorization for any advance degree
programs offered in Ohio unless the degree program has been approved by the
Ohio department of higher education pursuant to the provisions of section
3332.05 of the Revised Code. (3) Program authorization
shall be for a period as specified by the board, dependent upon the outcome of
the program review. Renewal authorization will be for a period as determined by
the board not to exceed two years. Advanced degrees shall be renewed and
assessed fees for a period that coincides with the approval cycle for a
school's certificate of registration.
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Rule 3332-1-17 | Issuance of agent permits.
(A) Any individual whose primary duty, on
or off school premises, is to solicit prospective students to enroll for a fee
at a registered Ohio school, must first obtain an agent's permit from the
board. No individual shall sell any program in Ohio or solicit students for any
Ohio career school unless the individual, the school, and the program are
approved by the board. (B) All agents must be regular school
employees and may not be outside commissioned persons such as solicitors,
canvassers, or independent contractors. The school is responsible for assuring
that all agents have been issued permits prior to soliciting prospective
students. (C) A school employee whose primary
duties do not include soliciting prospective students may assist in the student
admissions process without securing an agent permit so long as their actions
are in accordance with rule 3332-1-17.2 of the Administrative
Code. (D) Each school shall assume full
responsibility for the actions, statements and conduct of its agents unless an
agent's acts or omissions were manifestly outside the scope of the
agent's employment or official responsibilities. (E) Schools will provide agents with
adequate training and arrange for proper supervision of their
work. (F) Persons seeking agent permits must
make application on forms provided by the board. Each application for an agent
permit or a renewal may be subject to a non-refundable fee as set forth in the
board's fee schedule. Agent permits are processed and approved by the
board staff. Any staff recommendation for the denial or revocation of an agent
permit will be considered by the board in accordance with rule 3332-1-17.1 of
the Administrative Code. (G) Agents must complete training and
continuing education as required by the board. (H) If an agent represents more than one
school, they must obtain a separate permit for each school represented. An
agent who represents a person or entity that operates more than one school in
the same geographical area, as determined by the board on a case-by-case basis,
need not obtain a separate permit for each school. (I) An agent permit is valid for a
maximum of two years from the date it is issued. The permits will be made
available to the school in an electronic format. (J) Agent permits must be renewed at the
same time the school is renewing their certificate of registration. The
responsibility for renewal of the agent's permit rests with the
school. (K) No permit shall be issued to any
person found by the board not to be of good moral character. Any applicant who
has pleaded guilty to or has been convicted of a felony or has pleaded guilty
or has been convicted of a crime of moral turpitude must file a detailed
explanation of the circumstances with the agent application and include three
letters of reference from the community. The school planning to employ the
applicant must validate all elements of the application and provide evidence of
the authenticity of the letters of reference. (L) The board or the school may require
that any agent submit to a background check prior to the issuance of an
agent's permit. (M) If an agent is dismissed by a school for giving
prospective students misleading, false or fraudulent information relating to
the program of instruction, employment opportunities, scholastic loans, other
financial aid and the like, the school must notify the state board within
thirty days, in writing, and include a synopsis of the reasons for dismissal.
Schools must retain, in their files, full documentation of each
dismissal. (N) When a school's certificate of registration is
suspended, revoked, or canceled, all agent's permits issued for that
school are immediately suspended, revoked, or canceled.
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Rule 3332-1-17.1 | Disciplinary action involving agents.
(A) The board may suspend, revoke, deny
or cancel an agent's permit for any one or a combination of the following
causes pursuant to section 3332.12 of the Revised Code: (1) Violation of any
provision of sections 3332.01 to 3332.99 of the Revised Code or any rules or
regulations adopted by the board. (2) Presenting to
prospective students, either at the time of solicitation or enrollment, or
through any advertising or other communication medium, misleading, deceptive,
false, or fraudulent information relating to any program, employment
opportunity, or opportunities for enrollment in accredited institutions of
higher education after entering or completing programs offered by the school of
employment. (3) Discrimination in the
acceptance of students upon the basis of race, color, religion, sex, or
national origin. (4) Failing to display
the agent's permit in a reasonable amount of time upon demand of a
prospective student or other interested person. (5) Failing to provide,
at the request of the board, any information, records, or files pertaining to
the recruitment or enrollment of students. (6) Presenting either in
writing or orally, misleading, false, or fraudulent information relating to the
availability of student financial aid. (7) Failure to remit to
the school, promptly, any funds received from the prospective or new students
even though the school may be in arrears in its financial obligations to the
agent. (8) Offering money or
other considerations to students or any other persons, who do not possess an
agent permit, to solicit, recruit or otherwise entice prospective students to
enroll in the school. (9) Attempting to obtain
a list of names of prospective students still attending any other school for
solicitation purposes. (10) Accepting employment
or affiliation with an employment or sales agency other than the placement
service provided by the school represented. (11) Any violation of or
failure to adhere to the ethical conduct of agents, as adopted and published by
the board in rule 3332-1-17.2 of the Administrative Code.
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Rule 3332-1-17.2 | The ethical code of conduct for student solicitation.
(A) All agents must be registered in
accordance with rule 3332-1-17 of the Administrative Code. Agents must receive
at least twenty-five percent of their total annual compensation from the school
in salary that excludes money received from commissions. (B) All agents, school directors or other
persons involved in the recruitment and solicitation of students must conform
to the following code of conduct: (1) Have a thorough
understanding of the school, its program offerings, facilities, staff and
instructor qualifications. (2) Have a knowledge of
the success of individuals who have completed the school's programs and
were able to obtain either initial employment or advancement in the field in
which they were trained. (3) Clearly understand
that "approved" and "accredited" are not the same terms and
are not to be used as such. Accredited will only be used by schools who have
been accredited by an accrediting body recognized by the United States
department of education. (4) Refrain from
discrediting other schools by claiming that they are guilty of dishonorable
conduct, are unable to fulfill the terms of a contract, are in trouble
financially or make other derogatory comments. (5) Refrain from
attempting to influence a student to withdraw from a school that the student is
presently attending. (6) Refrain from
encouraging a prospective student to change plans after signing an enrollment
application and paying the registration fee to another school. (7) Refrain from making
exaggerated statements concerning job or employment opportunities. (8) When applicable,
carefully explain to the prospective student that, in addition to program
completion, there are certain employment positions requiring examinations and
tests, either state or federal, to become licensed prior to being employed in
specific field. (9) Accurately state the
availability of financial assistance at the school. (10) Be responsible to
make sure the prospective student is provided a receipt for monies collected
and a copy of the enrollment agreement and student disclosure
form. (11) Remit to the school,
promptly, any funds received from prospective or new students even though the
school may be in arrears in the financial obligations to the agent (12) Refrain from
offering money or other considerations to students or any other persons, who do
not possess an agent permit, to solicit, recruit or otherwise entice
prospective students to enroll in the school that you represent. (13) Avoid making any
false or misleading statements or other representations to students about the
school and the programs it offers. (14) Have an
understanding of the rules and regulations of the board that pertain to the
admissions process or the solicitation of students.
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Rule 3332-1-18 | Complaint procedure.
Effective:
January 3, 2022
(A) The state board of career colleges
and schools is given the authority under section 3332.091 of the Revised Code
to investigate any complaint, submitted in writing, by any person adversely
affected by the actions of a certificate holder. Complaints must be submitted
within six months after the violations allegedly were committed. In addition,
the board may, upon its own initiative and independent of the filing of any
complaints, conduct a preliminary investigation relating to any possible
violations of Chapter 3332. of the Revised Code. (B) The executive director or his or her
designee, is therefore designated by, and on behalf of the board, to resolve
complaints and enforce the provisions of the statutes and rules of the
board. (C) The executive director will submit to
the board, at each meeting, a list of the number of complaints currently under
investigation. School and complainant names currently under investigation will
generally not be disclosed during public board meetings unless public
discussion is deemed necessary to resolve the complaint. (D) If deemed necessary, the executive
director may request the board to review a complaint for its recommendations.
In such cases, all documentation pertaining to the nature and status of the
complaint will be presented before the board by the executive director and/or
his or her staff designee. (E) While the board will normally
investigate only signed complaints, the board reserves the right to act upon
any anonymous complaints which indicate the possibility of violations of the
statute or rules of the board. (F) Upon receipt of a written complaint,
it will be reviewed by the executive director or his or her designee to
determine if the board has jurisdiction in the matter. (G) If it is determined that the board
does not have jurisdiction in the matter, the complainant will be promptly
notified of that determination. (H) If it is determined that the board
has jurisdiction in the matter, the complaint will be assigned to the
appropriate person to initiate a preliminary investigation into the matter. A
copy of the complaint will normally be forwarded to the school for its review
and response, and the complainant will be notified of this action. (I) If it is determined after a
preliminary investigation that it is not probable that violations were
committed, the complainant will be notified of this determination and the case
will be closed. (J) If it is determined after a
preliminary investigation that it is probable that violations were committed,
the executive director or his or her designee shall endeavor to eliminate such
violations through informal means of conference, conciliation, and persuasion.
Nothing said or done during these endeavors shall be disclosed by any member of
the board or its staff, or be used as evidence in any subsequent
proceedings. (K) If after such investigation and
conference, the board is satisfied that such violations will be eliminated, the
board will treat the complaint as conciliated, and entry of such disposition
shall be made in the records of the board. At that time the complainant will be
notified. (L) The executive director, on behalf of
the board, may also enter into consent agreements or corrective action plans
with registered schools in order to ensure that any potential violations have
been eliminated and to ensure that any potential violations will not occur in
the future. All consent agreements and corrective action plans that are entered
into by the board will be considered public records. (M) If the board fails to effect the elimination of such
violations or fails to obtain voluntary compliance with the statute or rules of
the board, the board may issue a formal complaint to the holder of a
certificate of registration of the school under investigation and proceed
pursuant to the provisions of section 3332.091 of the Revised
Code.
Last updated January 3, 2022 at 10:50 AM
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Rule 3332-1-19 | The student tuition recovery fund.
Effective:
January 4, 2016
(A) The state board of career colleges and schools shall assist the student tuition recovery authority in its administration and oversight of the student tuition recovery fund. (B) The state board of career colleges and schools shall collect payments on behalf of the student tuition recovery authority pursuant to the payment schedule identified in section 3332.085 of the Revised Code. Checks shall be made payable to the student tuition recovery fund and sent to the executive director of the state board of career colleges and schools, who will promptly forward all receipts to the treasurer of state. New schools and schools changing ownership must submit their student tuition recovery fund fees with their new school or change of ownership application that is submitted to the state board of career colleges and schools. All other registered schools shall be invoiced for their yearly fees and must submit their payments by August thirty-first. (1) In calculating the previous fiscal year's gross tuition income, Ohio schools must include all tuition receipts for approved programs, whether or not the students were residents of Ohio. (2) Out-of-state schools must contribute based on the Ohio residents they enroll. (3) Failure of a school to make payment more than fifteen days after the due date listed on the invoice may result in the initiation of proceedings under Chapter 119. of the Revised Code for cancellation of the certificate of registration and/or the imposition of civil penalty. (4) A minimum penalty of one hundred dollars will be assessed against any school whose student tuition recovery fund payment is submitted after the due date listed on the invoice. In the event of receiving a check that is dishonored the board will assess an additional penalty of fifty dollars. (C) Upon the receipt or information that a school registered by the state board of career colleges and schools has closed, the executive director of the board shall determine if any enrolled students are eligible for assistance from the student tuition recovery authority. If the executive director determines that students may be eligible for assistance, the executive director shall: (1) Notify the authority that the school is officially closed; (2) Obtain and forward to the authority the names, addresses, and the total amount of prepaid tuition paid by each student that has submitted a claim for reimbursement; (3) Determine which of these students will accept a teach-out provided by another school; (4) Determine if the students in question have a student loan and identify the amount of the loan and the lender; and, (5) Send to each eligible student a form for the authority to secure and verify the above information;
Last updated June 25, 2021 at 1:27 PM
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Rule 3332-1-20 | Penalties.
Effective:
January 4, 2016
(A) The state board of career colleges and schools may suspend, revoke, or refuse to issue or renew a certificate of registration or program authorization or may impose a penalty pursuant to Chapter 3332. of the Revised Code for a violation of any provision of Chapter 3332. of the Revised Code, the board's minimum standards, or any rule made by the board. (B) If, after a public hearing, the board determines that the holder of a certificate of registration has violated any provision of Chapter 3332. of the Revised Code or any rule made by the board, the board shall issue a final adjudication order levying a civil penalty pursuant to paragraph (C) of this rule or limiting, suspending or revoking the certificate of registration or program authorization or any combination thereof. The board may impose additional penalties including but necessarily limited to curtailment of advertising, and discontinuation of enrollment of students in specific programs. Upon suspension or revocation, the board immediately shall issue an order pursuant to Chapter 119. of the Revised Code requiring such person immediately to cease all sales, advertising, and enrollment activities. (C) Pursuant to section 3332.091 of the Revised Code, the board may impose a civil penalty of not less than one thousand dollars nor more than three thousand five hundred dollars for each violation of section 3332.09 of the Revised Code and any other rule promulgated by the board. Penalties may not exceed an aggregate penalty of thirty-five thousand dollars in any six-month period.
Last updated June 25, 2021 at 1:27 PM
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Rule 3332-1-21 | Board meetings.
Effective:
January 3, 2022
(A) This rule of the state board of
career colleges and schools is adopted in compliance with section 121.22 of the
Revised Code. (B) Any person may determine the time and
place of all regularly scheduled meetings and the time, place, and purpose of
all special meetings by reviewing the board's web site or by: (1) Writing to the
following address: "State Board of Career Colleges and
Schools 30 East Broad Street, Suite 2481 Columbus, Ohio 43215" (2) Calling the following
telephone number during normal business hours: (614) 466-2752. (C) All requests for meeting notification
shall provide the name of the individual media representative to be contacted,
his or her mailing address, e-mail address, and a telephone number where he or
she can be reached. (D) Any representative of the news media
may obtain notice of all special meetings by requesting in writing that such
notice be provided. (E) In the event of a special meeting not
of an emergency nature, the executive director shall notify all media
representatives who have requested notification of such meeting by doing at
least one of the following: (1) Providing written
notice, which must be mailed or or distributed via electronic communication no
later than four calendar days prior to the day of the special
meeting. (2) Notifying such
representative by telephone or other electronic communication no later than
twenty-four hours prior to the special meeting; such telephone notice or other
electronic communication shall be complete if a message has been left for the
representative, or if, after reasonable effort, the executive director has been
unable to provide such telephone notice. (3) Informing such
representative personally no later than twenty-four hours prior to the special
meeting. (F) In the event of a special meeting of
an emergency nature, the executive director shall notify all media
representatives on the list of such meeting by providing either the notice
described in paragraph (E)(1) of this rule, or that described in paragraph
(E)(2) of this rule. In such event, however, the notice need not be given
twenty-four hours prior to the meeting, but shall be given as soon as
possible. (G) In giving the notices required by
paragraphs (E) and (F) of this rule, the executive director may rely on
assistance provided by any member of the state board of career colleges and
schools and any such notice is complete if given by such member in the manner
provided in this rule. (H) The executive director shall maintain
a list of all persons who have requested, orally or in writing, notice of all
meetings of the state board of career colleges and schools at which specific
subject matters designated by such persons are scheduled to be discussed. Any
person may, upon request, have his name placed on such a list. Meeting notics
will be sent via electronic communication and will also be posted on the
board's web site. Periodically, the executive director shall confirm that
individuals who have been placed on the list, wish to continue to receive board
notices. (I) All schools or other persons that
seek to have items considered by the board at a regularly scheduled board
meeting, must submit the items for consideration in accordance with the
published board meeting agenda deadlines that are available on the board's
web site. Items submitted after the board meeting agenda deadlines may be
considered by the board only if specifically approved by the executive
director.
Last updated January 3, 2022 at 10:51 AM
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Rule 3332-1-22 | Fees for certificate of registration and program authorization.
Effective:
January 3, 2022
(A) Each new school, change of ownership, or school renewal must pay a fee for the certificate of authorization and a fee for each program for which they are seeking board approval. All fees submitted to the board are not refundable. (B) Fees for the initial issuance and renewal of certificates of registration and are based on the actual or expected gross annual tuition income of applicant schools as defined by rule 3332-1-02 of the Administrative Code. Schools applying for an initial certificate of registration must estimate their first year's gross tuition income. (C) The first certificate of registration issued to a new school, including schools that change ownership, is valid for one year unless earlier revoked by the board. Renewal certificates of registration are valid for two years unless earlier revoked by the board. (D) Fees for the issuance of a certificate of registration, including both new schools, changes of ownership, and school renewals, is based on the projected or actual gross tuition income of the school as follows: | Gross annual tuition | New school/ownership | Renewal | | Less than $100,000 | $200 | $400 | | $100,000 to $ 999,999 | $350 | $700 | | $1,000,000 and over. | $1000 | $2000 |
(E) Certificates of program authorization for individual programs are valid for a period of time specified by the board. The effective date of program reauthorization will normally be the anniversary date of the original program or the anniversary date of the school's certificate of registration. (F) Fees for the initial issuance and renewal of program authorization will be as follows: | Program type | New and renewal programs | | Certificate/diploma | $200 per year | | Associate degree | $275 per year | | Bachelor's/other degree | $450 per year | | Major within degree program | $150 per year |
(G) Complete applications for renewal of a certificate of registration or program authorization must be received by the board at least sixty days prior to the expiration date of the school's certificate of registration. Renewals, if approved, will become effective on the anniversary date of the granting of the original or last renewal. Applications for renewal may not be considered complete until all documents required are received by the board. Completed applications received less than sixty days prior to the expiration date of a school's registration may be assessed an additional late fee charge of ten per cent of a school's renewal fee. (H) All schools have thirty days to pay fees assessed in accordance with this rule. Fees not submitted in a timely manner may be assessed an additional late fee charge of ten percent of the school's total invoice fee. Any school that submits a check that is returned for insufficient funds or that is otherwise dishonored will be assessed an additional penalty of fifty dollars and may be required to submit all future payments via money order or certified check.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-23 | Annual report.
Effective:
November 1, 2011
(A) Pursuant to division (N) of section 3332.031 of the Revised Code, an annual report on the activities of the board will be published and made available via the board's web site for the governor, general assembly and other interested persons. (B) Failure of registered schools to provide timely and complete annual report data and information may result in late fees or other disciplinary action in accordance with section 3332.09 of the Revised Code.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-24 | Graduation and placement.
Effective:
February 15, 2019
(A) All schools registered with the state
board of career colleges and schools shall assist students with job placement
after graduation. Placement assistance must include elements which exceed steps
that the student could initiate on his/her own. (B) Each school shall submit evidence
which demonstrates that it has an acceptable record of graduation rates and job
placement rates for each program. (1) The board will
calculate average job placement and graduation rates annually for each program
type based upon information collected from school reports. (2) A school with
graduation or placement rates that are one or more standard deviations below
the average may be required to submit an explanation for the deviation and a
plan for improvement. The board may accept the school's explanation or the
board may take other disciplinary action against the school pursuant to the
provisions of section 3332.09 of the Revised Code. (3) Schools with cohorts
in any program of less than twenty students during a reporting year may be
required to report data from multiple cohort years. (C) Schools that are accredited by an
accrediting agency recognized by the US department of education may report
annual job placement and graduation rates using formulas and definitions
required by the school's accrediting agency or the school may use the
formulas contained in paragraphs (D) and (E) of this rule. (D) The formula for calculating job placement rates for
each program is based on total number of graduates who found gainful employment
divided by total number of graduates available for placement. (1) All graduates will be
considered as available for placement except those graduates that the school
can document are unable to work or who are not seeking placement due
to: (a) Verified ongoing further education; (b) Verified medical condition; (c) Verified military service; or, (d) Other valid documented reason approved by the
board. (2) A graduate will be
considered gainfully employed if they have found employment in their field of
study or have found employment in a related position. (E) The formula for calculating graduation rates for each
program is based upon the number of full-time students entering into a program
in a particular year (cohort) who complete their program within one hundred
fifty per cent of the normal time for completion. (F) Each school is required to verify the accuracy of its
job placement and graduation rates at anytime when requested by the board or
its designees.
Last updated April 18, 2024 at 11:38 AM
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Rule 3332-1-25 | School closures.
(A) A school that is unable to continue
business operations, whether as the result of a business failure or otherwise,
shall contact the board prior to the school's closure and develop and
arrange an adequate teach-out plan for its students. Such plans must be
submitted to the state board in writing prior to the school's
closure. (1) The teach-out plan
will consist of but is not limited to the following: (a) Identification of the school's official date of closure;
and (b) A listing by program of students enrolled at the time of the
school's closure including home addresses, telephone numbers, email
address, and estimated graduation dates for each student; and (c) The status of all current refunds due and balances owed;
and (d) A listing of those students who had prepaid for any portion
of their training and a calculation of the total amount which was prepaid by
each student; and (e) A signed agreement with one or more local educational
institutions able to provide adequate education to all students in all
programs; and (f) Procedures for awarding graduates their certificates,
diplomas, or degrees. (B) A school operating under the
provisions of this rule shall, prior to the discontinuance of such school, make
adequate arrangements for the safekeeping of all academic and financial records
of its former students and the arrangements must be approved by the executive
director. (C) The board will direct a registered
school to provide a formal teach-out plan if the board has reason to believe
the school may cease operations prior to students' completing their
objectives. (D) The closing of a school without
invoking the procedures set forth in this rule will subject the holder of the
certificate of registration to disciplinary action in accordance with the
board's authority under section 3332.09 of the Revised Code.
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Rule 3332-1-26 | Off campus learning centers.
Effective:
January 3, 2022
(A) An off campus learning center is an
extension of a school that holds a certificate of registration with the board.
Off campus learning centers approved under this rule must be physically located
in the state of Ohio away from the registered school site, and operate as less
than a full service school and market only programs and/or courses approved by
the board. (B) In general, the curriculum offerings
shall be restricted to selected courses and not complete programs except under
special circumstances as authorized by the board. All other administrative
rules that apply to the registered school site will also apply to the learning
center except those rules exempted by the board. (C) A registered school shall obtain a
separate certificate of registration for each learning center. Each application
for issuance or renewal of a learning center shall be accompanied by a
non-refundable fee if required by the board. The application must include a
rationale which will support the perceived need for the learning
center. (D) The issuance or renewal of a learning
center certificate of registration shall cover only the offering of
courses/programs currently approved at the registered school site with no new
individual program fees required. Approval for new programs/courses which are
not currently approved at the registered school site and which are intended for
offering at the learning center will be processed through the registered school
site using current processing, procedures, and fees. (E) A school seeking approval for a
learning center must commit in writing to students enrolled in any course or
program at a learning center that once begun, they will be given the
opportunity to complete such courses or program either at the learning center
or at the registered school site or be entitled to a full refund. (F) The learning center should provide
those support services which are essential to the delivery of instructional
activities. Standards of quality for faculty, equipment, and instructional
materials must be at the same level found at the registered school
site. (G) The executive director may approve
learning centers provided that the registered school has submitted the required
application, facility compliance information, and any required fees. All
learning centers approved by the executive director shall appear on the
board's consent agenda at the next board meeting. (H) The board recognizes two types of learning
centers: (1) Satellite
classrooms: (a) A satellite classroom is an off-site facility used as
temporary space to accommodate a temporary problem or space shortage at the
registered school site; or to provide selected short-term training courses on a
temporary basis. (b) The authorization term for a satellite classroom cannot
exceed the time stated on a school's certificate of
registration. (c) A satellite classroom must be located within ten miles of the
registered school site. (2) Satellite school
facilities: (a) A satellite school facility is a school facility located away
from the registered school site that is used to: (i) Provide approved
courses or programs that require less than a full service facility,
or; (ii) Provide training
under contract with a public agency, private company or other
sponsor. (b) The authorization term for a satellite school facility cannot
exceed the time stated on the certificate of registration for the school's
registered school site. Application for a renewal of a satellite school
facility must be made at the time of the renewal of the certificate of
registration for the registered school site.
Last updated January 3, 2022 at 10:51 AM
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Rule 3332-1-27 | Personal information systems definitions.
Effective:
November 1, 2011
For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply: (A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive. (B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the board rule addressing requirements in section 1347.15 of the Revised Code. (C) "Board" means the Ohio state board of career colleges and schools. (D) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment. (E) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the board in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the board confidential. (F) "Employee of the board" means each employee of the board regardless of whether he/she holds an elected or appointed office or position within the board. "Employee of the board" is limited to the board of career colleges and schools. (G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact. (H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian. (I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system. (J) "Person" means a natural person. (K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code. (L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems. (M) "Research" means a methodical investigation into a subject. (N) "Routine" means commonplace, regular, habitual, or ordinary. (O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to the board's employees and maintained by the board for internal administrative and human resource purposes. (P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code. (Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-28 | Procedures for accessing confidential personal information.
Effective:
November 1, 2011
For personal information systems, whether manual or computer systems, that contain confidential personal information, the board shall do the following: (A) Criteria for accessing confidential personal information. Personal information systems of the board are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The board shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed. (B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the board, the board shall do all of the following: (1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information; (2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and (3) If all information relates to an investigation about that individual, inform the individual that the board has no confidential personal information about the individual that is responsive to the individual's request. (C) Notice of invalid access. (1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the board may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system. "Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the board determines that notification would not delay or impede an investigation, the board shall disclose the access to confidential personal information made for an invalid reason to the person. (2) Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access. (3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice. (D) Appointment of a data privacy point of contact. The board executive director shall designate an employee of the board to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the board with both the implementation of privacy protections for the confidential personal information that the board maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter. (E) Completion of a privacy impact assessment. The board executive director shall designate an employee of the board to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-29 | Valid reasons for accessing confidential personal information.
Effective:
November 1, 2011
Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the board's exercise of its powers or duties, for which only employees of the board may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system: (A) Performing the following functions constitute valid reasons for authorized employees of the board to access confidential personal information: (1) Responding to a public records request; (2) Responding to a request from an individual for the list of CPI the agency maintains on that individual; (3) Administering a constitutional provision or duty; (4) Administering a statutory provision or duty; (5) Administering an administrative rule provision or duty; (6) Complying with any state or federal program requirements; (7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries; (8) Auditing purposes; (9) Licensure, certification or agent permit processing, including application review and verification; (10) Investigation or law enforcement purposes; (11) Administrative hearings; (12) Litigation, complying with an order of the court, or subpoena; (13) Human resource matters including hiring, promotion, demotion, discharge, salary or compensation issues, leave requests or issues, timesheet approvals or issues and payroll processing; (14) Complying with an executive order or policy; (15) Complying with a board policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or (16) Complying with a collective bargaining agreement provision. (B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the board, authorized employees would also have valid reasons for accessing CPI in these following circumstances: (1) Employees or contractors conducting investigations or onsite school reviews may review CPI of individuals who are subject to investigation for alleged misconduct that may result in school discipline. Such employees or contractors may review CPI of individuals who are not the subject of the investigation, but who otherwise may be witnesses with information related to the investigation. CPI may be reviewed by such employees, contractors, and members of the board in investigative matters that become the subject of administrative hearings. (2) Employees or contractors conducting investigations or reviews of closed schools may review CPI of individuals contained in closed school records for the purpose of locating the individuals or for the purpose of determining eligibility for tuition refunds or student loan discharges.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-30 | Confidentiality statutes, regulations and rules.
Effective:
November 1, 2011
The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the board confidential and identify the confidential personal information within the scope of rules promulgated by this board in accordance with section 1347.15 of the Revised Code: (A) Social security numbers: 5 U.S.C. 552a., unless the individual was told that the number would be disclosed. (B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code. (C) Records or information obtained during informal methods of conference or conciliation pertaining to the board's investigative process: section 3332.091 of the Revised Code. (D) Student education records, unless the student consents to release: 20 U.S.C. 1232g. (E) Security or infrastructure records: section 149.433 of the Revised Code. (F) Information or records that are subject to attorney client privilege: section 2710.03 of the Revised Code.
Last updated April 18, 2024 at 11:40 AM
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Rule 3332-1-31 | Restricting and logging access to confidential personal information in computerized personal information systems.
Effective:
November 1, 2011
For personal information systems that are computer systems and contain confidential personal information (CPI), the board shall do the following: (A) Access restrictions. Access to CPI that is kept electronically shall require a password or other authentication measure. (B) Acquisition of a new computer system. When the board acquires a new computer system that stores, manages or contains CPI, the board shall include a mechanism for recording specific access by employees of the board to CPI in the system. (C) Upgrading existing computer systems. When the board modifies an existing computer system that stores, manages or contains CPI, the board shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the board to CPI in the system. (D) Logging requirements regarding CPI in existing computer systems. (1) The board shall require employees of the board who access CPI within computer systems to maintain a log that records that access. (2) Access to CPI is not required to be entered into the log under the following circumstances: (a) The employee of the board is accessing CPI for official board purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals. (b) The employee of the board is accessing CPI for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals. (c) The employee of the board comes into incidental contact with CPI and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals. (d) The employee of the board accesses CPI about an individual based upon a request made under either of the following circumstances: (i) The individual requests CPI about himself/herself or the individual requests that the board access CPI in order to provide information to a third party. (ii) The individual makes a request that the board takes some action on that individual's behalf and accessing the CPI is required in order to consider or process that request. (3) For purposes of this paragraph, the board may choose the form or forms of logging, whether in electronic or paper formats. (E) Log management. The board shall issue a policy that specifies the following: (1) Who shall maintain the log; (2) What information shall be captured in the log; (3) How the log is to be stored; and (4) How long information kept in the log is to be retained. (F) Nothing in this rule limits the board from requiring logging in any additional circumstance it deems necessary.
Last updated April 18, 2024 at 11:40 AM
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