Code of Colorado Regulations
1504 - Department of Higher Education
1504 - Division of Private Occupational Schools
8 CCR 1504-1 - PRIVATE OCCUPATIONAL EDUCATION ACT OF 1981
Section I - DEFINITIONS

A. "Acceptable full-time equivalent employment/work experience" (for the purposes of instructor qualifications) means full-time equivalent work experience reasonably related to the occupational area to be taught or supervised.

B. "Accreditation" is a status granted to a school by one or more of the accreditation organizations approved by the U.S. Secretary of Education as having met a set of standards established by the organization, or by a programmatic accrediting body recognized by the Council for Higher Education Accreditation as having the ability to accredit freestanding, single-purpose institutions of construction education. Accreditation is voluntary and does not imply automatic transfer of credits from one institution to another.

C. "Admission requirement" means the specific minimum criteria a school must use when accepting a student into the school.

D. "Agent's permit" means the written authorization obtained pursuant to § 23-64-117, C.R.S, to engage in the activities of an agent as defined in § 23-64-103(2) C.R.S., hereinafter referred to as Agent.

E. "Ancillary/supplementary education" means an optional stand-alone course to further the knowledge of a professional holding an active license in good standing that is regulated by a Colorado state professional licensing entity. Those seeking an exemption from the provisions of Article 64, Title 23, C.R.S, for ancillary/supplementary education pursuant to § 23-64-104(1)(c), C.R.S., must apply for the exemption in a manner approved by the Board. The education must be less than 40 hours and must be less than $1000. Additionally, the education, curriculum, syllabi, and licensed professional instructing the education must be approved by an industry recognized certification board, or registered product manufacturer or supplier.

F. "Apprenticeships" are registered and defined by the United States Department of Labor and Employment.

G. "Approval" means approval by the Colorado Private Occupational School Board ("Board") unless otherwise provided by these Rules and requires fulfillment of the standards stipulated by the Act and Rules.

H. "Asynchronous" means a learning activity involving academic engagement in which the student interacts with technology that can objectively monitor and document that the student meaningfully participates and benefits from the activity, and by appropriate method, tracks student participation and performance.

I. "Avocational Education" means any education to facilitate the personal development of individual persons which is distinguishable from one's recognized occupation and is not conducted as part of a program or course designed with the objective to prepare individuals for gainful employment in a recognized occupation. Such avocational education includes programs or courses that instruct participants where the instruction is primarily for personal interest and is recreational such as any hobby, craft, personal development, or non-occupational interest.

J. "Bona fide" means a trade, business, professional or fraternal organization that: is widely recognized by the industry; primarily benefits the organization's membership or mission; conducts its activities in a manner that serves public or charitable purposes, rather than commercial purposes; receives funding and revenue and charges fees in a manner that does not incent it or its employees to act other than in the best interest of is membership; compensates its employees in a manner that does not incent its employers to act other than in the best interest of its membership; and has existed and operated as a bona-fide organization for two years or more. The Division has the discretion to determine whether the trade organization meets the definition of bona fide and whether its level of oversight is adequate. Those seeking an exemption from the provisions of Article 64, Title 23, C.R.S, for education pursuant to § 23-64-104(1)(h), C.R.S., must apply for the exemption in a manner approved by the Board.

K. "Certified" is a term used by schools to describe certain programs or courses. The Division does not regulate the use of the term "certified" or certify or license persons.

L. "Computer/online based instruction" means instruction via electronic media.

M. "Continuing Education" means a continuing professional educational program or courses as set forth in § 23-64-104(1)(o), C.R.S.

N. "Course" means a unit of learning which is an integral part of an occupational program of learning.

O. "Contact/Clock hour" means a period of time consisting of a 50- to 60-minute class, lecture, or recitation in a 60-minute period or a 50- to 60-minute faculty-supervised laboratory, shop training, or internship in a 60-minute period for in-person or synchronous delivery.

If the training education, program, or course is asynchronous or synchronous and requires a minimum number of contact/clock hours, the school must demonstrate that the education comports with minimum requirements in accordance with any applicable governing body.

P. "Designated agent" is the school's representative, having a physical Colorado address (no P.O. Box addresses) other than the school's address, and upon whom any legal process, notice, or demand may be served. The designated agent shall be maintained continuously.

Q. "Distance Education" is a formal education process in which the orderly delivery of instruction occurs beyond a school's walls through virtually any media since the student and instructor are in different locations. Distance education may employ a variety of communication methods for delivering instruction to students.

Distance education could be offered either synchronous or asynchronous. Whether a particular method of distance education is appropriate for a particular type of education, is a case-by-case decision by DPOS.

R. "Enrollment" for the purposes of reporting data to the Division means any student who has signed an enrollment agreement with the school and remains enrolled after 10% of the training has elapsed.

S. "Externship" is an educational component for which academic credit is awarded, offered as part of an instructional course or program. Externs follow an experienced professional to learn more about their responsibilities without engaging in specific job related tasks or projects. To be considered an externship the course shall meet the requirements of the Board further defined in Rule III.B.6. Accredited schools only - if no alternative definition is provided by your accrediting body, then the above definition shall apply.

T. "Fees", except when used in the context of fees assessed by the Board pursuant to § 23-64-122, C.R.S. ("Board fees"), means a refundable charge assessed to enrolling students and which are intended to cover non-instructional expenses. Fees may not be used to cover instructional expenses or books and supplies. All fees as defined herein must be itemized.

U. "General Education" means that body of instruction which is not directly related to a student's formal technical, vocational, or professional preparation, but is supportive as a required part of a student's course of study, regardless of his or her area of emphasis; and is intended to impart common knowledge, intellectual concepts, and attitudes. For example, math is a general education course, but applied math is not.

V. "In-state school" is a school with physical presence within the state that provides occupational educational services to students.

W. "Instructor" means any person employed by a school, contracted by a school, or who otherwise provides either a residential or distance education course/program for the purpose of delivering instruction or training necessary to meet the stated objectives of the course/program in which the person is qualified to teach; determines educational objectives and activities of any course or program area, including, but not limited to measures, assesses, records, reports or evaluates students' attendance, achievement or completion of lessons, courses or training programs; maintains essential student records and data for which s/he is responsible according to state law or school policy; or exercises technical and functional supervision over instructional staff aides or volunteers.

X. "Instructional Staff" means program supervisors and instructors. Prospective instructional staff means program supervisor or instructor applicants that a school intends to hire.

Y. "Internship" is an educational component for which academic credit is awarded, offered as part of an instructional course or program with job experience included. To be considered an internship the course shall meet the requirements of the Board further defined in Rule III.B.6. Accredited schools only - if no alternative definition is provided by your accrediting body, then the above definition shall apply.

Z. "Major program or stand-alone course revision" means changes since the last approval by the Board to the method of delivery; to the occupational objective; and/or increases or decreases since the last approval in the hours exceeding an accumulated 25% of the total hours of the program or stand-alone course approved.

AA. "Minor program or stand-alone course revision" means any revision not meeting the definition of a major program or stand-alone course revision.

BB. "Occupational in Nature" for the purposes of determining an exemption under § 23-64-104(1)(c), C.R.S., means a program or course that satisfies the definition of "educational services" or "education" contained in § 23-64-103(13), C.R.S., and the definition of "occupational education" contained in § 23-64-103(17), C.R.S. Any program or course that does not meet this definition is not occupational in nature.

CC. "Out-of-state school" is a school located outside of the State of Colorado and offers education from its location or through distance education, which actively solicits, recruits, and enrolls Colorado residents as students. Out-of-state schools may operate in Colorado if said schools comply with the requirements of The Act, in particular in §§ 23-64-117(2) and 23-64-121(6), C.R.S.

DD. "Physical presence" means a school that delivers educational services within Colorado, including any combination of factors lending to the determination that the institution maintains a physical presence within the state, including, but not limited to, the presence of a physical facility or equipment, whether owned, leased, rented, or provided without charge; the physical location of student records; or the presence of a resident director or similar administrator.

EE. "Prepaid tuition and fees" (for surety purposes) means the total of prepaid, unearned tuition and fees paid by students but not yet earned by the institution, including debt incurred as a result of financial aid disbursements to the student.

FF. "Prerequisite" means any education, credential, license, coursework, specialized training, or expertise required as a necessary precondition of admission into a program or stand-alone course. Admission requirements such as high school diploma or GED are not considered prerequisites.

GG. "Program" means a group or series of organized courses, lessons, or units of instruction pursued to attain an occupational objective.

HH. "Provisional Certificate of Approval" means a conditional approval for a new school to operate. The initial Certificate of Approval is effective for more than one year, but less than two years and during the time of the provisional approval, the school shall establish satisfactory operation and maintain the minimum standards of the Act.

II. "Separate classroom" means a physical location where training occurs that is located a reasonable distance from the main school.

JJ. "Standard Certificate of Approval" means a certificate that acknowledges the compliance of a school with the minimum standards of the Act and authorizes the continuing operation of the school for a period of three years, provided that said school remains in compliance with the Act.

KK. "Stand-alone course" is a single course, or one that can be offered independent of a program, which may take the form of a seminar, workshop, continuing education course, or other similar educational service. A stand-alone course may enhance or advance skills in an existing occupation. Courses from within a program that are offered independently or whereby students receive a Certificate of Completion and transcript must be approved as stand-alone courses.

LL. "Synchronous" means the instructor(s) and students utilize technology or in-person delivery whereby the instructor monitors and directly interacts with students during scheduled class time, taking attendance and engaging with all students.

MM. "Tuition" means the amount of money paid for a students education, including federal, state, or private funding. This excludes employer paid training that is not required to be reimbursed by the student.