Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
041 - OFFICE OF PROFESSIONAL AND OCCUPATIONAL REGULATION (OPOR)
BARBERING AND COSMETOLOGY LICENSING PROGRAM
Chapter 27 - RULES FOR LICENSURE AND OPERATION OF SCHOOLS OFFERING ONE OR MORE COURSES OF STUDY IN AESTHETICS, BARBERING, COSMETOLOGY, LIMITED BARBERING, NAIL TECHNOLOGY AND INSTRUCTING
Subchapter 3 - SCHOOL OPERATION, COURSE OF STUDY, HEALTH, SANITATION AND SAFETY
Section 041-27-3-18 - Records

Current through 2024-38, September 18, 2024

1. Student Academic and Financial Records

A. A school shall keep accurate records that show the instruction in each subject successfully completed by the student. Upon completion of a course, the school shall provide the student with a transcript that describes the course and breakdown of subjects and dates of enrollment and course completion. A transcript shall be provided in the same manner to a student who terminates.

B. The official student academic records contain information relating to a student's academic performance such as, but is not limited to:
1) Application for enrollment and supporting documentation;

2) Enrollment contract, the student's fees for the course of study and any related costs and relevant financial information;

3) The student's progress and improvement reports;

4) Narrative evaluations of the student's academic performance used to assess his or her progress through his or her course of study;

5) Record of failures and results of supplemental examinations, as may be applicable.

6) Log of hours of attendance and hours accumulated;

7) Any petition and appeal filed by the student and the final disposition;

8) Confidential medical information relative to a student's academic performance, which has been furnished at the request of the school with the consent of the student concerned; and

9) Identifying information about the student that is required in the administration of academic records such as name, contact address, telephone number and email address (if available).

C. To ensure that a student has completed the minimum course requirements prior to providing services directly on a client, a school shall maintain a transcript, signed by the student and the instructor(s) or school's official designee, indicating successful completion for each course of study as follows:
1) Aesthetics: seventy-five (75) hours of instruction and twenty (20) percent of each component of the practice curriculum:

2) Barbering and Cosmetology: two hundred (200) hours of instruction and twenty (20) percent of each component of the practice curriculum;

3) Limited Barbering: eighty-five (85) hours of instruction and twenty (20) percent of each component of the practice curriculum; and

4) Nail Technology: twenty-five (25) hours of instruction and twenty (20) percent of each component of the practice curriculum.

D. A school shall maintain student records on site for a period of five (5) years from the date of the last entry. The record must include the date of enrollment, a copy of the enrollment contract, time records of daily attendance, records and documentation of the student's progress through the course of study, including written communications related to the student, detailed record of hours completed in theory, practice or laboratory work and clinical instruction, the graduation date or date of withdrawal or termination, transcript and a record of the student's financial aid accounting and payment of tuition and fees.

E. A school that changes ownership shall transfer all student academic and financial records, and any other record or document that directly relates to students, to the new school owners upon sale of the school.

F. A school that permanently closes shall notify the Director, in writing, of the school closure in accordance with section 20 of this subchapter. In the case of a school closure, the school shall provide a copy of all pertinent student records to the receiving school. If the school does not expect to turn over all student records to another school, it is the school's responsibility to make arrangements to turn over all student academic and financial records, and any other record or document that directly relates to student to the Director.

2. All Other Records

Unless otherwise specified in this Program's rules, the retention period for all other records that a school official or instructor is required to create, including a student's practice experience report, shall be retained for a period of no less than five (5) years from the date of creation.

3. Producing Records; Storage; Backup

A. Producing Records. All school and student records, academic and financial, shall be made available to the Director upon request. Records described in this chapter that are kept at the school's physical site or retrieved by computer or other electronic means shall be presented immediately. Records kept at a central location apart from the physical site of the school and not electronically retrievable shall be made available for inspection within three (3) working days of a request.

B. Backup. The school owner shall implement reasonable data backup, protection and recovery protocols to retrieve electronically-stored student records, including financial records, in the event of human error, power failure, computer malfunction, accident or catastrophe resulting in the loss, destruction or corruption of data. The measures implemented shall be sufficient to provide reasonable continuity of service.

C. Placement Records. If the school provides placement services, placement records shall be kept current and shall include such information as job opportunities, job placements and follow-up activities.

D. General Data. General data and statistics (not identifiable as to specific individual students) concerning the success of school graduates on state licensing examinations shall be recorded systematically on an annual basis.

E. Storage. Fire-resistant filing cabinets shall be used for storing student and financial records for protection against fire loss, tampering and vandalism. The use of an "electronic device" such as a computer system, portable device or other system or equipment approved by the Director, may be substituted for paper filing systems. Records retained by electronic devices shall be capable of being read from a computer screen, microfiche, microfilm, printout or other method approved by the Director. For purposes of this paragraph, "printout" is a hard copy produced by computer or other means that is readable without the aid of any special device.

4. Student Access

Upon forty-eight (48) hours' notice to the school, a student shall have the right, at all reasonable times during normal school hours, to inspect, review and copy all educational records concerning the student held by the school.

If the student is a minor, a parent or legal guardian shall have the right to inspect, review and copy all educational records of his or her minor child.

Consistent with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g; 34 CFR Part 99), which governs the disclosure of student records, all student academic and financial records, placement records and other records retained by the school shall be available to the Director.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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