Section 1. Purposes. The purposes of the rules are: (a) To establish a procedure for the licensing of post secondary education institutions (colleges, universities, correspondence schools offering degrees, etc. ) with the exception of the University of Wyoming and the Community Colleges of Wyoming (21-2-102 and 21-2-103) or any post-secondary post secondary education institution possessing current accreditation by a recognized and accepted accrediting agency. (b) To establish minimum standards for post secondary education institutions until accreditation by a recognized and accepted accrediting agency may be achieved. (c) To protect persons enrolled in a course of study in post secondary education institution.

Section 2. Authority. These rules are promulgated pursuant to W. S.

21-2-401 and 403 of the Private School Licensing Act, and have been adopted by the Wyoming State Board of Education in accordance with the Wyoming Administrative Procedure Act (W. S. 16-3-101 through 16-3-115). They are effective upon filing with the Secretary of State. Section 3. Applicability.

These rules govern the operation of all post secondary education institutions not accredited by a recognized and accepted accrediting agency as defined by rules of the Wyoming Department of Education, which are located within the state, or have their principal place of business out of state but do business in the state. These rules do not apply to any parochial, church, or religious school as defined by W. S. 21-4-101 (a) (iv), home-based educational programs as defined by W. S. 21-4- BC 101 (a) (v), aircraft flight training schools approved and authorized by the Federal Aviation Agency of the United States of America, or a school teaching techniques of outdoor recreation, leadership, ecology, or conservation domiciled in the state of Wyoming.

nor do they apply to post secondary Instit accredited by a recognized and accepted accrediting agency Section 4. Amendment of Rules. Any amendments to these rules shall become effective upon filing with the Secretary of State. Section 54. Definitions. (a) "Agent" means any person owning any interest in, employed by, or representing for remuneration or other consideration a post secondary education institution located within or without this state who enrolls or who, in places other than the principal school premises, offers or attempts to secure the enrollment of any person within this state for education in a post secondary education institution.

(b) "Attorney General" means the Attorney General of the State of Wyoming. (c) "Degree" means any award, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate. (d) "Post Secondary Education Institution" means any post secondary institution offering a degree, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate. (e) "License" means a non-transferable document issued by the Wyoming Department of Education to a post secondary education institution located within this state or located outside the state, but whose agent solicits students from within the state in the name of such Institution, which permits the Institution to solicit, offer, and maintain a course (s) of instruction or study in compliance with the provision of the Private School Licensing Act and the rules of the Wyoming State Board of Education promulgated pursuant to the Act. (f) "Recognized and Accepted Accreditation Agency" includes those agencies recognized by the United States Department of Education through National Advisory Committee on Accreditation and Institutional Eligibility. If the post secondary education institution originates in a foreign country, accreditation recognized and accepted by that country's Department of Education or equivalent agency is required.

(g) "Sta Department" means Wyoming Department of Education. (h) "State Board" means Wyoming State Board of Education. (i) "Licensing year" is from July 1 through June 30 of the following calendar year. Section 65. Granting, Refusing or Revoking Licenses.

Denial, suspensions, or revocations of a license may occur when it is found that a school has failed to comply with Wyoming Post Secondary Education Institution Licensing statutes and the Post Secondary Education Institution rules adopted by the Wyoming State Board of Education. Such action will be governed by the Wyoming Administrative Procedure Act (W. S. 16-3-101 through 16- BC 3-115). Licensure is not required once accreditation is achieved from a recognized and accepted accreditation agency and documentation of such is provided to the office of the Secretary of State and the Department. Section 6.

Licensing Application Procedure. Application for a license shall be made to the Department. The applicant must submit the following: (a) Documentation that the institution: (i) is currently seeking appropriate accreditation and detailing steps taken during the year to achieve that goal, or (ii) is not seeking accreditation and explaining why it is not necessary to achieve its goals. (b) The application shall be accompanied by a certified check or money order made payable to the Wyoming Department of Education in the amount of one thousand dollars ($1, 000. 00) for the school license, which covers a five year licensing period (c) The application shall be accompanied by a certified check or money order payable to the Wyoming Department of Education in the amount of one hundred dollars ($100. 00) for each agent (to be renewed annually).

(d) A performance bond or other form of security to be approved by the Attorney General. (This bond or other form of security must be on a form prescribed by the Department and shall be in the amount of $50, 000. 00. ) ) Such bond or other form of security shall be renewed on July 1 of each year as long as the school retains its license to do business in Wyoming. The Department will be custodian of all bonds or other form of security and may render administrative assistance, but not legal assistance, to aggrieved persons who may be entitled to relief under the bond. (e) A copy of each enrollment contract form.

(f) A statement of tuition, fees, and all other charges. (g) A copy of the refund schedule (See Section 9). (h) A description of instructional methods and an instructional outline used by the institution, including methods for assigning, monitoring and evaluating work, awarding credit, and granting degrees. (i) A copy of a diploma for each degree offered. (j) A copy of the attendance record form. (k) A copy of each school catalogs, bulletins, and other published materials, advertising, and circulars.

(l) A completed professional credentials form for each director, supervisor, instructor, teacher, and agent, official copies of academic transcripts verifying academic status, verification of educational degrees attained, the names of the institutions granting the degrees and if the institution is accredited by a recognized and accepted accrediting agency as defined by department rule and regulation. (m) A current financial statement prepared or audited by a certified public accountant. Section 7. Term and Renewal of License.

The following provisions shall govern the term, conditions, and renewal of license: (a) The license granted to a post secondary education institution will be valid for a period of five years measured from the first day of July preceding the date on which the license is issued. (b) During the term of the license, the licensee shall provide annual update information concerning all items in Section 6 above on the form prescribed from by the Department. c) A licensee may, upon 30 days written notice, be required to provide to the Department updated information concerning all items in Section 6 above as well as any other information the Department may request, either by a standardized renewal application form or specific request to an individual licensee. (d) The Department will assess an annual fee to each licensee in connection with the submission of annual update information. The amount of the fee shall be included in the form. Section 8.

Minimum Standards. The post secondary education institution must comply with the requirements listed below and is subject to periodic monitoring by the Department: (a) Retain on file all items requested in Section 6. (b) Provide adequate space, equipment, instructional material and instructional personnel to provide academic instruction commensurate with course offerings. (c) Ensure that administrative and instructional staff meet appropriate education and experience qualifications to assure that students will receive educational services consistent with the stated objectives for which the educational services were offered. (d) Define the minimum grades considered satisfactory, conditions for interruption due to unsatisfactory progress, descriptions of probationary periods if any, and conditions for re-entrance for those students dismissed for unsatisfactory progress. (e) Comply with all city, county, state, and federal regulations pertaining to post secondary education institution.

(f) Utilize no advertising which tends to mislead students or falsify information regarding job placement or accreditation. If a post secondary education institution wishes to refer to the fact that it is licensed in "the State of Wyoming," it shall refer to the fact only in the following phraseology: "Licensed by the State of Wyoming under W. S. 21-2-401 through 21-2-407." (g) Award no degree, earned or honorary, granted solely on the basis of payment of tuition or fee.

No degree may be given, awarded, or granted solely on the basis of credit earned at another school or schools, on the basis of credit for life experience or other equivalency, on the basis of testing out, on the basis of research and writing, or solely on the basis of any combination of these factors. (h) Have or employ no owners, administrators, directors, and instructors who have been convicted of a felony or high misdemeanor pertaining to fraud, sexual assault, child abuse, or other job-related reprehensible conduct in accordance with W. S. 21-2-403. (i) Cooperate in the scheduling and conduct of an on-site visit to the principal place of business of the institution by a representative of the Department, in accordance with the following: (i) The on-site visit shall be conducted not less frequently than every three years and may be conducted more frequently if requested by the Department. (ii) The reasonable and proper expense of all on-site visits shall be borne by the institution visited.

The expense shall include the reasonable and proper expenses of the Departments representative and the per diem rate consistent with travel policies adopted by the State of Wyoming. (iii) Payment of expenses relating to visitation within thirty (30) days of presentation shall be made by that institution. Failure to make such payment when due shall constitute grounds for immediate denial, suspension or revocation of the license relating to the institution visited. (iv) Written findings concerning the inspection of the institutions principal place of business shall be submitted to the institution visited and to the Board within thirty (30) days. Section 9. Refund Policy.

All post secondary education institutions licensed by the Department will utilize a refund policy that parallels refund policies recommended by the United States Department of Education. Section 10. Conflict Resolution Policy. The Department shall process complaints by students of post secondary education institutions licensed by the Department as follows: (a) All complaints shall be submitted to the Department in writing and signed by the complainant.

Such complaints shall set forth with reasonable clarity and completeness the facts upon which the complaint is based as well as the precise nature of the relief sought by the complainant. (b) Upon receipt of a complaint, the Department shall advise the post secondary education institution of the complaint, shall enclose a copy of the letter of complaint and shall request that the institution respond to the charges within ten (10) days. (c) A copy of the institutions letter of response is then forwarded to the complainant. If, after reviewing the response, the complainant wishes to pursue the complaint, an investigation shall be conducted by a representative of the Department. (d) Upon completion of its investigation, the Department may do one or more of the following: (i) Recommend terms of resolution to the appropriate party / parties . (ii) Dismiss the complaint if it finds the complaint not to be warranted.

(iii) Forward the complaint to the Attorney General for further action under the consumer protection laws in existence at that time in Wyoming. (e) The Department shall keep on file for each licensed institution each complaint received, the records obtained during any investigation by the Department and any documents pertaining to action taken by the Department or informal resolution reached between the complaining party and the institution. The complaint file for each institution shall be retained for at least five (5) years. (f) The board may take into account the history of complaints against a licensed institution as well as the history of resolution of those complaints when making determinations concerning the issuance, renewal, suspension or revocation of any license. Section 11. Suspension and Revocation of License.

Subject to the requirements of the Wyoming Administrative Procedure Act, the Board may immediately suspend or revoke the license of any institution which fails to correct any violation of the licensing statues or these rules and regulations after being given thirty (30) days written notice by the Department of the nature of the violation and the action required to correct it. Written notice of a violation shall be deemed given three days after first class mailing by the department to the licensees most current address on file with the Department.