Current through Register Vol. 56, No. 24, December 18, 2024
(a) Any private career school that seeks to
apply for renewal of a Certificate of Approval shall make a written Application
for Renewal of a Private Career School Certificate of Approval.
1. The Application for Renewal of a Private
Career School Certificate of Approval shall have two components as described in
N.J.A.C.
12:41-2.2(a)1.
(b) A completed Application for
Renewal of a Private Career School Certificate of Approval, including all
information and documents required thereunder, shall be submitted by the
approved private career school to the Training Evaluation Unit not less than 90
calendar days prior to expiration of the existing Certificate of
Approval.
(c) The approved private
career school applying to renew its Certificate of Approval shall pay a
non-refundable renewal application fee of $ 900.00, payable to the State
Treasurer.
(d) The information and
documents to be submitted by the private career school for review and
evaluation by the Training Evaluation Unit for renewal of a Certificate of
Approval 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 Renewal of a
Private Career School Certificate of Approval;
3. The following financial documents to
support tuition income and financial soundness of the school, which shall be no
more than 12 months old:
i. Financial
statement audited by an independent certified public accountant (if the New
Jersey school is part of a larger organization, then the audited financial
statement shall include a statement detailing tuition income for the New Jersey
school location(s));
ii. Financial
statement compiled or reviewed by an independent certified public accountant
(if the New Jersey school is part of a larger organization, then the compiled
or reviewed financial statement shall include a statement detailing tuition
income for the New Jersey school location(s));
iii. For sole proprietors, a signed copy of
Form 1040, U.S. individual income tax return and Schedule C(s);
iv. For partnerships, a signed copy of the
complete Form 1065, U.S. Return of Partnership Income, including all
schedules;
v. For S Corporations, a
signed copy of the complete Form 1120S, U.S. income tax return for an S
Corporation, including all schedules; or
vi. For corporations, a signed copy of the
complete Form 1120, U.S. corporation income tax return, including all
schedules;
4. Current
tuition performance bond, which includes the information set forth at
N.J.A.C.
12:41-2.2(a) 5i through vii,
payable to the Commissioner of the Department of Labor and Workforce
Development in the amount of $ 20,000 or five percent of the average gross
tuition income for the past three years, whichever is greater;
5. Proof of continued liability insurance and
workers' compensation insurance;
6.
Current fire inspection certificate;
7. Current health inspection certificate, if
appropriate;
8. Verification that
the school complied with the annual reporting requirement, at
N.J.A.C.
12:41-3.2, for the immediately preceding
fiscal year;
9. Modifications to
any documentation provided as part of the Application for Initial Approval of a
Private Career School;
10. 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;
11. Identification of the
specific occupation(s) for which students will be prepared upon completion of
each instructional program;
12.
Identification of the specific license(s), if applicable, for which students
will be prepared upon completion of each instructional program;
13. The duration of each instructional
program;
14. Tuition and fee
information for each instructional program, including the following:
iii. Institutional grant aid awarded to
registered students; and
15. 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 Renewal of a Private Career School
Certificate of Approval.
(e) Requirements for the component reviewed
and evaluated by the Department of Education shall be governed by N.J.A.C.
6A:19-7.
(f) The Training
Evaluation Unit shall, prior to renewal of a Certificate of Approval, assess
the private career school renewal applicant to identify whether each
instructional program offered by the private career school meets the minimum
acceptable level of performance.
(g) Failure of a private career school
renewal 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 renewal of its Certificate of Approval.
(h) 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.
(i) The written request for reconsideration
pursuant to (h) 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.
(j) The option to file a written request for
reconsideration pursuant to (h) 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.
(k) The Training
Evaluation Unit shall review any request for reconsideration submitted pursuant
to (h) above on the written record and shall render a decision within 20 days
of receipt of the request.
