Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any private
career school that seeks to apply for a Certificate of Approval pursuant to
N.J.S.A.
34:15C-10.1 and
34:15C-10.1.a shall make a written
Application for Initial Approval of a Private Career School to the Department of
Labor and Workforce Development.
1. The Application
for Initial Approval of a Private Career School shall have two components: one
component pertaining to facilities, business operations, financial aspects, and
minimum acceptable level of performance, of the applicant private career school,
which shall be reviewed and evaluated by the Training Evaluation Unit, and the other
component pertaining to program and course curricula and administrator and
instructor credentials, which shall be reviewed and evaluated by the Department of
Education.
(b) The
information and documents to be submitted for review and evaluation by the Training
Evaluation Unit shall include the following:
1. A
completed application form provided by the Department of Labor and Workforce
Development;
2. A signed and notarized
Statement of Assurances, which attests to the accuracy and truthfulness of the
representations made in the Application for Initial Approval of a Private Career
School;
3. An organizational chart
outlining the school's ownership hierarchy;
4. Proof of a designated business account separate
from the owner's or owners' personal financial account(s) or the account(s) of any
other business(es);
5. An initial
tuition performance bond in the amount of $ 20,000 payable to the Commissioner of
the Department of Labor and Workforce Development. The tuition performance bond
shall include the following information:
i. School
name;
ii. Physical address of the
school;
iii. Bond number;
iv. Amount of bond;
v. Issue and expiration dates;
vi. Bond company address and phone number;
and
vii. Within the bond agreement
between the school and the bond issuer, a requirement that the bond issuer shall
notify the Training Evaluation Unit in the event that the bond terminates for any
reason.
6. Proof of authority
to conduct business in New Jersey, which shall consist of the following:
i. For a corporation formed within New Jersey, a
Certificate of Incorporation or Good Standing Certificate and a Business
Registration Certificate, both issued by the New Jersey Division of
Revenue;
ii. For a corporation formed
outside of New Jersey, a Certificate of Authority and a Business Registration
Certificate, both issued by the New Jersey Division of Revenue;
iii. For a sole proprietorship or partnership,
proof of registration with the local county clerk and a Business Registration
Certificate issued by the New Jersey Division of Revenue;
7. Proof of liability insurance;
8. Proof of workers' compensation
insurance;
9. Proof of compliance with
the Uniform Construction Code for fire, health, and occupancy, as
appropriate;
10. If the facility is
leased or rented, a copy of a signed lease or rental agreement for a period of no
less than one year;
11. If the facility
is owned, proof of ownership;
12. A copy
of the facility floor plan, indicating, at a minimum, the location of the following:
i. Fire exits;
ii. Classrooms/labs;
iii. Restrooms; and
iv. File cabinets containing student
records;
13. School catalog
including, at a minimum, the following:
i. Names
of school administrators with contact information;
ii. School calendar and class schedules;
iii. Requirements for admission;
iv. Attendance requirements;
v. Requirements for leave of absence;
vi. Policy for make-up work;
vii. Students' code of conduct;
viii. Conditions for dismissal and re-entry
policy;
ix. Complaint resolution
procedure;
x. Withdrawal from school
policy;
xi. Refund policy;
xii. Policy for maintenance of student records,
including transcripts;
xiii. Tuition and
fees charged;
xiv. Grants, loans, and
scholarships;
xv. Accreditation
information, if applicable;
xvi.
Facility information;
xvii. Explanation
of grading system;
xviii. List of
programs and program descriptions;
xix.
Student and instructor evaluation policy;
xx. Policy on credit for previous
training;
xxi. Policy on probation for
below average grades; and
xxii. Credit
disclaimer statement;
14.
Student contract, which includes, at a minimum, the following information:
i. Student's name and contact
information;
ii. Program title exactly
as it appears on State-approval documents;
iii. Program starting and ending dates;
iv. Charges for administration fee, tuition,
books, materials, tools, supplies, certification/licensure examinations, and total
program costs;
v. Payments made by the
student or on behalf of the student, including balance due and payment plan, if
applicable;
vi. Refund policy;
vii. Right to cancel policy;
viii. Complaint resolution policy; and
ix. Signature and date lines for school
representative and student;
15. Student transcript, which includes, at a
minimum, the following information:
i. Student's
name and Social Security number or other student identifier;
ii. Program title exactly as it appears on
State-approval documents;
iii. Program
starting and ending dates;
iv. Course
titles within the program;
v. Grades and
hours for each course; and
vi. Total
completed hours and final grade for the program;
16. Record retention plan;
17. A copy of the school advertising
materials;
18. Proof of appropriate
school entry standards;
19. A list of
each instructional program offered by the private career school including the
Classification of Instructional Programs (CIP) code and Standard Occupational
Classification (SOC) code for each instructional program;
20. Identification of the specific occupation(s)
for which students will be prepared upon completion of each instructional
program;
21. Identification of the
specific license(s), if applicable, for which students will be prepared upon
completion of each instructional program;
22. The duration of each instructional
program;
23. Tuition and fee information
for each instructional program, including the following:
i. Tuition;
ii. Fees; and
iii. Institutional grant aid awarded to registered
students; and
24. Such other
information and documents as may be required by the Commissioner of the Department
of Labor and Workforce Development as part of the Application for Initial Approval
of a Private Career School.
(d) The Training Evaluation
Unit shall, prior to the issuance of a Certificate of Approval, assess each private
career school applicant to identify whether each instructional program offered by
the private career school meets the minimum acceptable level of
performance.
(f) Each applicant private
career school shall pay an initial, non-refundable, application fee of $ 1,150,
payable to the State Treasurer.
(g)
Where an initial application for approval of a private career school is denied on
the basis that the applicant private career school has failed to meet the minimum
acceptable level of performance for any of its instructional programs, the applicant
private career school may within 15 days of receipt of the application denial, and
without the payment of any additional application fee, submit to the Training
Evaluation Unit a written request for reconsideration of the denial.
(h) The written request for reconsideration
pursuant to (g) above shall include a detailed description of the basis for the
request, including an explanation of either:
1.
What the applicant believes is an error made by the Department in its measurement of
the performance of the applicant private career school's instructional program(s)
against the minimum acceptable level of performance; or
2. A change in circumstances (for example, a
reduction in tuition and/or fees) that would alter the Department's measurement of
the performance of the private career school applicant's instructional program(s)
against the minimum acceptable level of performance.
