8004.1Basic Requirements. In order to qualify for a license, a postsecondary degree granting educational institution shall file a standard application form issued by the Commission, meet the minimum standards set forth in this chapter and other applicable District of Columbia and federal laws and regulations, including any conditions for a tax exemption and standards for the receipt of student or other financial assistance from a public agency, and shall be in compliance with the conditions of any license or permit. These requirements shall apply to the postsecondary degree granting educational institution subject to licensure by the Commission and to any facility or program operating under authority of the license of the postsecondary degree granting educational institution.
8004.2Integrity. In order to qualify for a license, a postsecondary degree granting educational institution shall show that it has and will (in the case of an existing postsecondary degree granting educational institution) or will (in the case of a new educational institution) conduct its business in conformance with generally accepted accounting principles and business practices and demonstrate honesty and fair dealing with its employees, its students, the government, and the public.
8004.3Mission and Purpose. In order to qualify for a license, a postsecondary degree granting educational institution shall have a written statement which clearly describes its mission and purpose. The statement shall describe the goals of the institution with regard to the instruction of students, specialized research and public service, and any specialized constituencies that it serves. In addition, a postsecondary degree granting educational institution shall have an established procedure for evaluating the outcomes and effectiveness of its educational programs in terms of its mission and goals.
8004.4Governance. In order to qualify for a license, a postsecondary degree granting educational institution shall clearly delineate the governance structure of the institution and the responsibilities for control of the operation of the institution and its programs. The postsecondary degree granting educational institution shall identify the governance policies established or to be established, severally or jointly, by the following:
(b) The chief executive officer;(c) Other administrative officers;(e) Others, if applicable.8004.5Key Persons. In order to qualify for a license, a postsecondary degree granting educational institution shall:
(a) Provide the names of the owners, officers, members of the board of directors, and managing employees of the postsecondary degree granting educational institution. If any of these individuals has or had an affiliation with a licensed educational institution in the District of Columbia (current or closed), the postsecondary degree granting educational institution applying for the license shall provide the name and location of the other educational institution and the timeframe of the individual's affiliation with the other educational institution;(b) State whether any of the individuals enumerated in paragraph (a) of this subsection has ever been affiliated with a postsecondary degree granting educational institution, licensed in the District or elsewhere, that has had a license suspended, denied, or revoked, or has had disciplinary action taken against it, and describe the nature of the affiliation and the nature of the license suspension, denial, or revocation or disciplinary action; and(c) If the postsecondary degree granting educational institution is a for-profit corporation, provide to the Commission the names of the owners, officers, members of the board of directors, managing employees, and any individual or business entity that has a ten percent (10%) or more ownership interest in the institution and the source and size of all loans that contribute to the capital structure of the organization.8004.6Administration. In order to qualify for a license, a postsecondary degree granting educational institution shall show that it is (for existing educational institutions) or will be (for new educational institutions) adequately managed to achieve its mission and goals. The institution shall provide as part of each license application the following:
(a) An organizational chart showing the principal subdivisions of the institution and the title of the principal officer of each subdivision;(b) Documentation showing that there are sufficient types and numbers of administrative staff to support adequately the ownership, faculty, and students of the institution;(c) Written position descriptions for the administrative staff;(d) Clearly delineated, written administrative policies and procedures; and(e) A conflict of interest's policy.8004.7Finances. In order to qualify for a license, a postsecondary degree granting educational institution shall demonstrate that:
(a) It is adequately capitalized overall;(b) It has sufficient working capital to support operations for six (6) months;(c) The governing body has authority to allocate the financial resources of the postsecondary degree granting educational institution;(d) The governing body is accountable for the financial resources of the institution;(e) It has a qualified, credentialed chief financial officer and qualified, credentialed financial staff;(f) Financial policies and procedures for budgeting and accounting in accordance with generally accepted accounting principles and procedures are in place;(g) Adequate arrangements to assure strict compliance with the institutional requirements related to any program for student or institutional financial assistance are in place;(h) An annual financial audit is conducted by an independent certified public accountant; and(i) It has corrective action plans adequately to address issues identified in any prior audits.8004.8Faculty. In order to qualify for a license, a postsecondary degree granting educational institution shall demonstrate that:
(a) The faculty possess academic, scholarly, and teaching qualifications generally recognized as appropriate to their respective positions;(b) There are a sufficient number of full time or part time academic faculty appointments to ensure continuity and stability of the educational program at each location where each program is offered, as well as to provide adequate educational association between students and faculty;(c) Full-time faculty devotes a majority of their professional time as employees of the postsecondary degree granting educational institution as assigned;(d) The teaching assignments of faculty members permit adequate opportunity for classroom preparation, professional growth, and other appropriate functions;(e) Fair, clear, and adequate procedures for the appointment, promotion, evaluation, award of tenure, if applicable, disciplining, and dismissal of faculty members are in place;(f) Adequate policies and procedures to protect academic freedom are in place; and(g) An opportunity exists for the faculty to participate in the planning of and evaluation of the curriculum.8004.9Curriculum. In order to qualify for a license, a postsecondary degree granting educational institution shall meet the following requirements related to its curricula and programs:
(a) Courses shall have a demonstrable relationship to the objectives of the postsecondary degree granting educational institution;(b) The postsecondary degree granting educational institution shall maintain: (1) A description of sequences and courses required for each level of study, which shall include requirements for specified degrees and/or certificates of study;(2) A current course syllabus describing course objectives including in which semester or quarter a course will be offered;(3) Written policies and procedures for evaluating student performance; and(4) A written procedure for the systematic review, evaluation, and modification of curricula and programs of study;(c) The standards for evaluation of student performance shall be fair and adequate;(d) All credits awarded for courses in degree programs shall be measured in credit hours;(e) A course or program offered by correspondence, extension, telecommunications, or internet, shall be consistent with the objectives and purposes of the institution and shall be consistent with and comparable in quality to courses offered to students regularly enrolled on a fulltime basis; and(f) If the postsecondary degree granting educational institution provides instruction in a field for which a professional or occupational license is required to practice in the District of Columbia, the instruction shall meet all applicable requirements of the professional or occupational licensure law, as determined by the Commission.8004.10Library. In order to qualify for a license, a postsecondary degree granting educational institution shall meet the following requirements for library resources:
(a) The postsecondary degree granting educational institution shall provide access to an adequate collection of such books, periodicals, newspapers, teaching aids, audio-visual material, internet access and resources, and other learning and reference resources as the Commission deems necessary for the programs and courses offered;(b) Branches or extensions of the postsecondary degree granting educational institution, which because of size cannot feasibly maintain such resources exclusively in an on-site library, shall demonstrate arrangements for students and faculty to have reasonable access to such resources; and(c) A postsecondary degree granting educational institution whose home campus is subject to licensure in conformance with this chapter shall, at the home campus: (1) Maintain an on-site library with an adequate collection of resource materials;(2) Provide for the continuous acquisition of appropriate additions to the collection;(3) Employ a professional librarian to operate the library, and adequate supporting personnel; and(4) Provide seating and work space for quiet study by a reasonable proportion of students and faculty.8004.11Admissions. In order to qualify for a license, a postsecondary degree granting educational institution shall:
(a) Develop, publish, and apply a written statement clearly delineating fair and objective standards for the admission of students; and(b) Admit only such students to a degree granting program who shall have a high school diploma or equivalent, or who shall have demonstrated to the postsecondary degree granting educational institution, by a method which has received prior approval of the Commission, a reasonable ability to benefit from the proposed curriculum and successfully to complete the program in which the student is to be enrolled.8004.12Physical Plant, Equipment, and Facilities. In an order to qualify for a license, a postsecondary degree granting educational institution shall:
(a) Provide and maintain in the District of Columbia a safe and sanitary physical plant, including classrooms, laboratories, housing, and libraries, as appropriate for the programs and levels of study offered, the size of the faculty, and the age and size of the student body;(b) Comply with applicable federal and District laws and regulations with respect to building and fire codes and zoning and housing regulations, and, where applicable, comply with such laws and regulations of the jurisdiction in which the facilities are located;(c) Assure residential facilities provided by the institution are safe, sanitary, and accessible to those housed;(d) Assure equipment is routinely inspected and certified in accordance with generally accepted standards of practice to assure the safety and well being of students, faculty, and other personnel; and(e) Assure that the facilities and equipment are of adequate size, quantity, and quality to accommodate the student population.8004.13Services and Resources. In order to qualify for a license, a postsecondary degree granting educational institution shall offer adequate, sufficient services for students in addition to educational instruction in the classroom and laboratory, including at a minimum:
(a) Admissions, orientation, financial assistance, student records, and extracurricular activities;(b) Procedures for health emergencies;(c) Publication and distribution of information regarding procedures for health care to faculty, students, and other personnel on campus; and(d) An adequate program of educational, occupational, and personal counseling and guidance.8004.14Publication and Advertising. In order to qualify for a license, a postsecondary degree granting educational institution shall comply with the following requirements regarding publications and advertising:
(a) A catalog or bulletin shall be published no less frequently than every two (2) years, which shall include: (1) The institution's objectives and purposes;(2) Names of the members of the institution's governing board, faculty, and chief executive officer(s);(3) A list of degree programs of study;(4) Admission and completion requirements;(5) A schedule of student costs and fees;(7) Other regulations and requirements; and(8) A description of the grading system and the minimum grade considered satisfactory;(b) Copies of the following shall be provided to the Commission upon request: (1) All advertising used by the institution, including written transcripts of any form of non-print advertising; and(2) Foreign language advertising, which shall be submitted with an English translation;(c) All representations or claims made to prospective students about future employment, earnings, financial aid, or other benefits shall be based upon reasonable evidence maintained by the institution, which shall be made available for inspection by the Commission and all parties to whom the claims are made;(d) No representations shall be made to imply a guarantee of placement or employment for graduates, whether in an advertisement, an offer made to prospective students, or through any other means or media; and(e) Except as provided in section 8005, the postsecondary degree granting educational institution shall not advertise or otherwise imply that the institution is "supervised," "recommended," "endorsed," "accredited," or "approved" by the Commission or any other department or agency of the District of Columbia government.8004.15Student Records. In order to qualify for a license, a postsecondary degree granting educational institution shall comply with the following requirements regarding student records:
(a) A postsecondary degree granting educational institution shall maintain accessible, secure, and accurate records for each student which, at a minimum, shall contain the information specified in this chapter, including, but not limited to: (1) The name of the student;(2) The title of the program(s) in which the student is or was enrolled;(3) The total number of hours of educational instruction received by the student in the program(s);(4) The dates of the student's enrollment;(5) The grade record of each course, lesson, or unit of instruction and the student's cumulative grade for the program; and(6) The degree, diploma, certificate, or other credential awarded; and(b) The postsecondary degree granting educational institution shall establish procedures for providing upon request a true and accurate transcript and a policy for preserving the confidentiality of the student records.D.C. Mun. Regs. tit. 5, r. 5-A8004
Final Rulemaking published at 37 DCR 6595, 6597 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2426 (March 18, 2011) Authority: The Education Licensure Commission (ELC) (Commission), pursuant to authority set forth in sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976 (the Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306(b)(3) and 38-1311 (2010 Supp.)), and Mayor's Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2010 Supp.)).