Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
61.870-61.884,
61.878(1)-(5),
165A.340(11), 165A.370, 165A.390(5)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
165A.400 authorizes the commission to
promulgate administrative regulations to administer the provisions of
KRS
165A.310 to
165A.390. Pursuant to
KRS
165A.390(5), prior to
discontinuance of operations, a school shall convey student records to the
commission. The commission shall set forth which records are to be conveyed,
the manner they are to be conveyed, where they shall be stored, and the length
of time for storage. This administrative regulation sets forth the specific
responsibilities of a licensed school if it discontinues operations in
accordance with KRS
165A.390(5).
Section 1. Definitions.
(1) "Academic records" means records
pertaining to academic matters, including enrollment agreements, contracts,
transcripts, syllabi, catalogs, course listings, and attendance
records.
(2) "Discontinuance of
operation" means ceasing to operate as a school in the ordinary course of
business, or in accordance with the minimum standards and requirements set
forth in KRS
165A.370, or in a manner that prevents a
student from completing the course or program as scheduled.
(3) "Financial aid records" means records
pertaining to financial aid matters including applications for financial aid,
award notices, disbursement amounts, refunds, student accounts, and loan
promissory notes.
(4) "Financial
records" means records pertaining to financial matters including ledger cards
to include charges, credits, disbursements, refunds, and financial
information.
Section 2.
Procedures for Discontinuance of Operations and Conveyance of Student Records.
(1) A school shall notify the commission in
writing of its intent to discontinue operations at least ten (10) business days
prior to discontinuation of operations.
(2) A school shall simultaneously submit to
the commission and the surety or financial institution notification of
cancellation of school surety bonds, agent surety bonds, or letters of
credit.
(3) If a school closes, the
school shall make arrangements with the commission to forward all student
transcripts, financial aid records, and financial records to the offices of the
commission.
(4) If a school closes,
the school shall arrange with another school or schools to provide teach-out
options for students who may need that service.
Section 3. Immediate or Precipitous School
Closure. In the absence of a notification of the intent to close, if the
commission determines that a school has discontinued operations, a school shall
submit the following records:
(1) Academic
records of current and former students who attended the school within the last
two (2) years prior to closure;
(2)
Transcripts of former students who attended the school more than two (2) years
prior to closure;
(3) Financial aid
records of current and former students; and
(4) Financial records of current and former
students; and
(5) Documents
subpoenaed by the commission or the commission's designee in accordance with
KRS
165A.340(11).
Section 4. Retention of Records by
the Commission.
(1) The commission shall
retain the original documents, or true and accurate copies, of transcripts and
all other documentation received pursuant to Section 2 of this administrative
regulation, in accordance with the Kentucky Commission on Proprietary Education
Records Retention Schedule Recommendation developed with the Kentucky
Department of Libraries and Archives.
(2) Documents obtained by the commission
pursuant to Section 2 of this administrative regulation shall be state records
under KRS
61.870 to
61.884 and subject to
KRS
61.878(1)-(5).
Section 5. Incorporation by
Reference.
(1) "Kentucky Commission on
Proprietary Education Records Retention Schedule Recommendation", June 14,
2012, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Commission on
Proprietary Education, 500 Mero Street, 4th Floor, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on
the commission's Web site at
www.kcpe.ky.gov.
STATUTORY AUTHORITY:
KRS
165A.390(5),
165A.400
