Current through Register Vol. 56, No. 24, December 18, 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:
ii. Physical address of the school;
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:
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;
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;
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:
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.
(c) Requirements
for the component reviewed and evaluated by the Department of Education shall
be governed by N.J.A.C. 6A:19-7.
(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.
(e) Failure of a private career school
applicant to meet the minimum acceptable level of performance for each
instructional program offered by the private career school shall alone
constitute sufficient grounds for denial of the private career school's
application for initial approval.
(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.
(i) The option to file a written request for
reconsideration pursuant to (g) above shall apply only to application denials
that are based on the applicant private career school's failure to meet the
minimum acceptable level of performance for any of its instructional
programs.
(j) The Training
Evaluation Unit shall review any request for reconsideration submitted pursuant
to (g) above on the written record and shall render a decision within 20 days
of receipt of the request.
