A school shall demonstrate that it can be maintained and operated in accordance with the following provisions:
004.01 Educational Quality The course content or curriculum shall be designed toward specific preparation for employment which includes the following:
004.01A The program objective shall be clearly stated, indicating credentials to be awarded or skills to be acquired.004.01B The curriculum objectives shall include development of skills, provision of job related training, the imparting of information, and training in the application of knowledge.004.01C The curriculum shall be based on the knowledge and skill required in the occupations to enable those seeking employment after graduation to secure at least entry level positions in the occupation for which they have been trained.004.01D The curriculum designed for specific preparation for employment shall reflect current occupational trends and changing needs of job requirements.004.01E Each course in the curriculum shall have a brief description showing the specific knowledge to be learned or skills to be acquired.004.02 Facilities and Equipment The school shall have training facilities with equipment and the necessary work stations to properly train each student.
004.02A The building, work space, and equipment shall comply with local fire, building, health, and safety requirements, and be adequate to accommodate the educational program(s) of the school.004.02B The school shall provide information to the Department on the major items of equipment available or which will be available for instruction relative to year, make, and model and with respect to state of the art technology.004.03 Ownership: No persons who have financial interest of twenty-five (25) percent or more of the ownership shall have any felony convictions.
004.03A Any owner who is disqualified on account of any felony convictions shall have a right to appeal as provided in section 004.06.004.04 Administrative Staff Each school shall designate a resident director and administrative staff members who:
004.04A Shall file with the Department, no later than thirty (30) days following hiring, an administrative/director's qualification form furnished by the Department. Applicants must be approved by the Department.004.04B Have no felony convictions. Any staff member who is disqualified for the position on account of any felony conviction shall have a right to appeal as provided in section 004.06.004.04C Possess background, qualification and experience adequate for the position as demonstrated through experience and ability to direct the school operations successfully.004.05 Instructional Staff The school shall have a sufficient number of qualified and experienced instructors in the subject areas for which they are assigned to provide instructional services to students.
004.05A The school shall file with the Department, no later than thirty (30) days following hiring, an instructor's qualification form furnished by the Department.004.05B The school shall employ instructors who are competent to provide the training contemplated.004.05C The instructors shall be qualified either by three (3) years of trade or professional experience at a journeyman level, or its equivalent in the trade or specialty to be taught, or a baccalaureate or associate degree in that trade or specialty and one (1) year of trade or professional experience at a journeyman level, or its equivalent in the trade or specialty to be taught, or file a contingency plan approved by the Department whereby the minimum requirements will be met within three (3) years, with the school providing a yearly progress report on the plan.004.05D If the school prepares students for an occupation that requires a license(s), the instructor shall maintain the appropriate license(s).004.06 Appeals Procedure 004.06ANotice. An owner, resident director, or administrative staff member in a private postsecondary career school who the Department determines does not meet the minimum qualifications because of any prior felony conviction shall be notified in writing of the intent to deny approval.004.06BRequest for Review. Within twenty calendar days of the applicant's receipt of the notice of the intent to deny approval, the affected party(s) may request in writing a review by the Commissioner or the Commissioner's designee. Following the review, the Commissioner or the Commissioner's designee shall: 004.06B1 Notify the affected party(s) that the Department will approve his/her qualification as having met the requirements to own or be employed at the school: or004.06B2 Notify the affected party(s) that his/her qualification has failed to meet the requirements.004.07 Hearings Within twenty calendar days of receipt of the notice of the Commissioner's denial of approval to own or administer the school, the affected party(s) may appeal the Commissioner's decision to the State Board of Education pursuant to 92 NAC 61.
004.08 Guidelines for Review In considering whether to approve or disapprove an applicant based upon felony convictions, the Commissioner and the Board shall take into account the following factors:
004.08A The nature of the crime, the facts and circumstances surrounding the applicant's conviction, the sentence received, and whether the sentence was commuted, set aside, or pardoned;004.08B The applicant's age at the time of the conduct;004.08C The recency of the conduct;004.08D The applicant's positive social contributions since the conduct; and004.08E The reliability of the information concerning the conduct.004.09 Publication of Catalogs Each school shall publish and present to each prospective student prior to the execution of any enrollment agreement, a catalog which shall include at least the following information:
004.09A The full name and address of the school;004.09B Identifying data, such as catalog number and date of publication;004.09C Table of contents;004.09D Names of owners and officers, including any governing boards;004.09E The school calendar, including holidays, enrollment periods, and beginning and ending dates of terms;004.09F A description of the school's facilities and equipment used for training;004.09G Specific and written statement of program objective(s) and teacher-to-student ratio established by the school for each program offered.004.09H A description of each authorized educational service offered, including courses or programs offered, tuition, fees, length, or, in case of correspondence schools, number of lessons or units of instruction, as appropriate;004.09I The school's enrollment procedures and entrance requirements, including late enrollment if permitted;004.09J A description of the school's placement assistance. If no assistance is offered, the school must state this fact;004.09K The school's attendance policy including minimum attendance requirements; 004.09K1 The circumstances under which a student's enrollment will be interrupted for unsatisfactory attendance, and the conditions under which a student may subsequently be readmitted;004.09L The school's policy concerning satisfactory progress, which shall include: 004.09L1 How progress is measured and evaluated, including an explanation of any system of grading used;004.09L2 The conditions under which the student may be readmitted if terminated for unsatisfactory progress, and004.09L3 Description of any probation policy;004.09M The school's system of making progress reports to students;004.09N The school's policy regarding student conduct, including causes for dismissal and conditions for readmission;004.09O The school's policy concerning credit granted for previous education, training or experience;004.09P The school's refund policy which shall also include the school's method of determining the official date of termination;004.09Q The school's procedure for addressing student complaints including the statement, "The student may contact the Program Director of Private Postsecondary Career Schools at the Nebraska Department of Education."004.09R A school located and authorized to operate in Nebraska by the Commissioner is permitted to use a statement printed in the catalog reading: "Authorized to operate and regulated by the Commissioner of Education." 004.09R1 A school not authorized to operate by the Commissioner but which has been issued "agents' permits" pursuant to Chapter 42, is permitted to use a statement printed in the catalog reading: "Agents permits issued by the Commissioner of Education."004.09S Supplemental page(s) may be used as part of the school catalog provided they are used in such a way as to become an effective part of the catalog. Supplemental page(s) shall show an effective date and shall be presented to each prospective student prior to execution of any enrollment contract.004.10 Educational Credentials 004.10A A certificate shall be conferred only upon successful completion of an approved prescribed course of study as listed in the catalog.004.10B A diploma may be conferred only upon the successful completion of the prescribed course of instruction of not less than four hundred and fifty (450) clock hours or thirty (30) semester or forty-five (45) quarter credit hours or the equivalent in length as stated in the catalog.004.10C An associate degree shall be conferred only upon successful completion of an approved prescribed course of instruction of not less than sixty (60) semester or ninety (90) quarter credit hours or the equivalent. 004.10DMeasurement. One semester credit hour is equivalent to each fifteen (15) clock hours of lecture, or thirty (30) clock hours of laboratory, or forty-five (45) clock hours of externship. One quarter credit hour is equivalent to each ten (10) clock hours of lecture, or twenty (20) clock hours of laboratory, or thirty (30) clock hours of externship.004.11 Building and Sanitation Standards The premises and conditions under which students work and study and the living quarters that are owned or approved for student housing by the school shall meet the sanitation and safety requirements of all local and state regulating agencies.
004.12 Financial Stability The school shall have adequate revenues and assets to meet the school's financial obligations; to provide adequate services to its students and prospective students; to provide refunds when students have justifiable claims against the school, and to refund all unearned tuition and other charges within a reasonable period of time if the school is dissolved.
004.12A At a minimum, a school requesting reauthorization to operate shall submit financial statements prepared in accordance with the Generally Accepted Accounting Principles (GAAP) for the school's most recently completed fiscal year along with the application for authorization to operate. Schools that prepare audited financial statements must submit the audited financial statements. If the school is affiliated with a corporation/parent organization, a copy of the parent organization's most recent financial statements prepared by an independent CPA shall also be submitted.
004.12B In evaluating the financial statements, a school requesting reauthorization to operate must meet at least one of the following criteria: 004.12B1 The financial statements must demonstrate a minimum ratio of current assets to current liabilities of at least 1:1 for an institution's latest fiscal year. Asset Ratio is calculated by adding cash and cash equivalents to current accounts receivable and dividing the sum by total current liabilities.004.12B2 The school must have a positive net worth in which total assets exceed total liabilities for its latest fiscal or calendar year.004.12B3 The school shall show a profit for the most recent fiscal or calendar year or two previous years combined.004.12C An applicant school that is applying for an inaugural authorization to operate shall submit the owners' financial statements and the most recent federal and state income tax reports.004.12D The school shall provide documentation to the Department regarding liens, fines, limitations, or suspensions levied against the school which occurred during the last calendar year.004.12E If after analyzing a school's financial reports and records it is determined by the Department that the school has not met the requirements of sections 004.12A or 004.12B, the school shall be required to grant authorization to the Department to recruit an independent CPA, mutually agreed upon by the school and the Department, to review the accounts of the school. The cost of such review shall be borne by the school. Failure to grant such authorization will be sufficient grounds to deny an authorization to operate to the school for failure to demonstrate financial stability.004.13 Advertising All advertising and promotional materials shall include the full and correct name and location of the school.
004.13A All materials used in this state shall be completely truthful and shall refrain from giving any false, misleading, or exaggerated impression with respect to the school, its personnel, its courses and services, or the occupational opportunities for its graduates.004.13B When using the classified column of a newspaper or other publication to recruit students, the school shall use only column headings such as "Education," "Schools," or "Instruction," and not "Help Wanted," "Employment," or "Business Opportunities."004.13C During recruitment, no statement or representation shall be made that students will be guaranteed employment nor shall any school or its representative thereof falsely represent opportunities concerning income.004.13D No dollar amount(s) shall be quoted in any advertising as representative or indicative of the earning potential of graduates, unless the facts are substantiated and the supporting data made available for inspection.004.13E The school's representatives shall refrain from using unethical, deceptive, or derogatory practices in recruiting students or in any reference to competitors.004.13F All advertising or promotional materials shall clearly identify any branch facility as such and shall not portray it as a separate stand alone campus facility.004.14 Refund of Unearned Tuition and Fees The school has and adheres to a reasonable refund policy of unearned tuition and fees paid in advance by an enrollee who fails to enter, or withdraws, or is discontinued therefrom prior to completion of the study. Refunds of unearned tuition, fees, and other charges shall be made in the following manner within sixty (60) days of termination:
004.14A If cancellation occurs within seventy-two (72) hours of enrollment, all monies paid shall be refunded.004.14B If cancellation occurs after seventy-two (72) hours of enrollment, but before resident classes begin, or distance education materials are delivered, a refund shall be made of all tuition paid except a registration fee not to exceed one hundred fifty dollars ($ 150.00).004.14C If cancellation occurs after resident classes have begun or after distance education materials have been delivered, the school shall adhere strictly to the refund policy published in the school catalog or in the enrollment agreement. Once books and supplies have been issued, they become the property of students and any refunds on them shall be at the discretion of the school.004.14D A full refund is due students whose contracted educational services are denied as a result of intentional deception, or misrepresentation of facts, or the use of advertising which is known to be false, inaccurate, or misleading.004.14E A full refund is due an individual whose admission is denied by the school.004.14F The school shall make all refunds due within 60 days following a student's official drop date, or in the case of a student who does not return to school at the expiration of an approved leave of absence, within 60 days following the last day of that leave of absence. 004.14F1 The school shall maintain accurate records of attendance to assist in establishing the last day of attendance of any student enrolled at the school.004.15 Maintenance of Records 004.15A A school shall maintain, and make available for inspection by the Department, records necessary to demonstrate its efficient and effective academic and financial aid operations. Included shall be records for students, dropouts, and graduates, that shall include at a minimum: 004.15A1 Name and address of the school;004.15A2 The academic transcript shall show the name and address of the student, the student's identification number used by the school, date of entry and date of exit.004.15A3 The academic transcript shall indicate the name of the program pursued, courses taken, credit/clock hours per course (identified as quarter or semester credit or clock hours), grades earned, and if the student graduated, withdrew, or was terminated.004.15A4 The financial records shall show student's name and address, student's identification number used by the school, program of study pursued, all expenses incurred and all payments made.004.15A5 A school shall maintain, in a fire resistant area, permanent records suitable for academic and financial records for all students. Permanent academic records shall be maintained for fifty (50) calendar years and financial records for five (5) years after the student has departed from the school.004.15B Any transcript issued shall include the signature and title of a school official, date of issue and seal of the school, if such a seal exists.004.15C A school shall not release, transfer, disclose or otherwise disseminate students' records or information contained therein, unless upon the student's written request, except to persons authorized or required to have such information by state or federal law or regulation, or pursuant to a court order.004.15D Students shall have the right to review their student records, including grades, attendance, and financial records.92 Neb. Admin. Code, ch. 41, § 004
Amended effective 11/8/2016.