IDAPA 08.01.11
Office of the State Board of Education
This rule applies to postsecondary educational institutions and proprietary schools with a physical presence in the state of Idaho.
The purpose of this rule is to set out the registration process for postsecondary educational institutions and proprietary schools with a physical presence in the state of Idaho.
This rule implements the following statutes passed by the Idaho Legislature:
Postsecondary and Proprietary Schools:
Idaho State Board of Education
8:00 am – 5:00 pm (Mountain Time)
650 W. State Street
P.O. Box 83720
Boise, Idaho 83720-0037
Phone: (208) 334-2270
Fax: (208) 334-2632
Email: rules@edu.idaho.gov
https://boardofed.idaho.gov/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
08.01.11 – Registration of Postsecondary Educational Institutions and Proprietary Schools
| 000. Legal Authority. | 3 |
|---|---|
| 001. Scope. | 3 |
| 002. Delegation. | 3 |
| 003. -- 009. (Reserved) | 3 |
| 010. Definitions. | 3 |
| 011. -- 099. (Reserved) | 3 |
| 100. Recognition Of Accreditation Organizations. | 3 |
| 101. Registration | 3 |
| 102. The Board May Notify The Institution Or School Of Additional Information Required. | 4 |
| 103. -- 199. (Reserved) | 5 |
| 200. Registration Of Postsecondary Educational Institutions. | 5 |
| 201. -- 299. (Reserved) | 7 |
| 300. Registration Of Proprietary Schools. | 7 |
| 301. Approval Standards for Registration of Proprietary Schools. | 7 |
| 302. Additional Requirements. | 10 |
| 303. -- 399. (Reserved) | 11 |
| 400. Enforcement. | 11 |
| 401. -- 499. (Reserved) | 11 |
| 500. Complaints. | 11 |
| 501. -- 999. (Reserved) | 12 |
The following rules are made under authority of Sections 33-105, 33-107, 33-2402, and 33-2403, Idaho Code, to implement the provisions of Chapter 24, Title 33, Idaho Code. (3-30-23)
This rule sets forth the registration requirements for postsecondary educational institutions that are required to register with the Idaho State Board of Education (“Board”) under Section 33-2402, Idaho Code, and for proprietary schools required to register with the Board under Section 33-2403, Idaho Code. In addition, this rule describes the standards and criteria for Board recognition of accreditation organizations, for registration purposes. (3-30-23)
The Board delegates authority to its Executive Director and the Office of the State Board of Education to administer the registration of postsecondary educational institution and proprietary schools, in accordance with Title 33, Chapter 24, Idaho Code, and this rule. (3-30-23)
01. Nonprofit. Means an entity that is recognized under the Internal Revenue Code and applicable regulations as being tax exempt, or an entity such as a nonprofit or not-for-profit organization that possesses the following characteristics that distinguish it from a business enterprise: (a) contribution of significant amounts of resources from resource providers who do not expect commensurate or proportionate pecuniary return, (b) operating purposes other than to provide goods or services at a profit, and (c) absence of ownership interests like those of business enterprises. (3-30-23)
02. Postsecondary Educational Institution. Sometimes referred to in this rule simply as an institution, is defined in Section 33-2401, Idaho Code. (3-30-23)
03. Proprietary School. Sometimes referred to in this rule simply as a school, is defined in Section 33-2401, Idaho Code. (3-30-23)
For purposes of registration of postsecondary educational institutions, the Board recognizes the regional accreditation organizations that are recognized by and in good standing with the United States Department of Education, and which accredit entire colleges or universities, and which do not accredit only courses or courses of study (such as specialized accreditation organizations). Further, the Board may recognize other accreditation organizations on a case-by-case basis. A request for recognition of other accreditation organizations for purposes of registration should be made to the Board’s Chief Academic Officer, who will review and evaluate the request with the input and advice of the Board’s Committee on Academic Affairs and Programs (CAAP). The Board will make a final decision based on such evaluation and review. (3-30-23)
01. Registration Requirement. Unless exempted by statute or this rule, as provided herein, an institution or school which maintains an Idaho presence, or that operates or purports to operate from a location within the state of Idaho, shall register annually and hold a valid certificate of registration issued by the Board. An institution shall not conduct, provide, offer, or sell a course or courses of study, or degree unless registered. A school shall not solicit students for or on behalf of such school, or advertise in the state unless registered. (3-30-23)
a. Renewal of registration shall be for the period beginning on July 1 of any year, and continue through June 30 of the next succeeding year. Registration must be renewed annually. Renewal of registration is not automatic. (3-30-23)
b. An institution or school shall be deemed to have a presence in Idaho, or to be operating or purporting to be operating from a location within the state of Idaho, if it owns, rents, leases, or uses any office or other type of physical location in Idaho, including a mailing or shipping center, or if it represents in any way, such as on an electronic or Internet website, to have an Idaho street or mailing address, including a post office box in Idaho, for
purposes of conducting, providing, offering or selling a course or courses of study or degrees. (3-30-23)
c. An institution or school that is required to register under this rule must submit to the Board office an application for registration (either an application for initial registration or renewal of registration, as applicable), on the form provided by the Board office. The application must include a list of each course, course of study, and degree the applicant institution intends to conduct, provide, offer, or sell in Idaho during the registration year. (3-30-23)
d. The annual registration fee for initial registration or renewal of registration must accompany the application for registration, and shall be one-half of one percent (.5%) of the gross Idaho tuition revenue of the school during the previous tax reporting year (Jan 1 - Dec 31), but not less than one hundred dollars ($100) and not to exceed five thousand dollars ($5,000). The school shall provide documentation to substantiate the amount of revenue reported. Registration fees are nonrefundable. (3-30-23)
e. An initial application for registration may be submitted to the Board at any time. The review process for an initial registration will take approximately three (3) to five (5) months. An application for renewal of registration must be submitted to the Board on or before the first business day of May that precedes the registration year. The renewal will be processed within thirty (30) days. Institutions or schools that do not adhere to this schedule and whose renewals are not processed by July 1st must cease all active operations until approval of registration is received. (3-30-23)
If the Board is unable to determine the nature and activities of an institution or school on the basis of the information provided by the institution or school, then the Board may notify the institution or school of additional information that it will be required to provide in connection with the application for registration. (3-30-23)
01. Verification of Information. The Board may verify the accuracy of submitted information by inspection, visitation, or any other means it considers necessary. The applicant institution shall be responsible for any costs the Board incurs, including travel, associated with this review. (3-30-23)
02. Criteria for Approval of Registration. To be approved for registration, the institution or school must demonstrate that it is in compliance with Chapter 24, Title 33, Idaho Code and this rule. An institution or school must remain in compliance for the registration year. (3-30-23)
03. Public Information. All information submitted to the Board in connection with the application is subject to disclosure as set forth in the Public Records Act, Chapter 1, Title 74, Idaho Code. (3-30-23)
a. A certificate of registration will be issued to an institution or school that has paid its registration fee and has been approved under this rule. A certificate evidencing initial registration will be effective the date it is issued, and continue through June 30 of the next succeeding year. A renewal certificate will be for the period July 1 through June 30 of the next succeeding year. No institution or school that is registered with the Board shall advertise or represent in any manner that it is accredited or endorsed by the Board. An institution or school may only represent that it is “Registered with the Idaho State Board of Education.” Registration is not an endorsement of the institution or school or any of its courses, courses of study, or degrees. (3-30-23)
b. An institution or school exempt from registration under these rules may request a certificate of exemption. (3-30-23)
c. If an institution or school wishes to offer additional courses, courses of study, or degrees during a registration year that were not included in its annual registration application to the Board, then the institution or school must submit a letter to the Board Office along with documentation of its accrediting agency or by the applicable professional or trade board, council, or commission’s approval of the specific changes. (3-30-23)
of registration, is disapproved by the Board, then the institution or school may appeal such decision within thirty (30) days of the date the institution or school is notified of the disapproval. (3-30-23)
a. The Board may refuse to renew, or may revoke or suspend approval of, an institution or school's registration by giving written notice and the reasons therefore to the institution or school. The institution or school may request a hearing relating to such decision under IDAPA 04.11.01, 'Idaho Rules of Administrative Procedure of the Attorney General.' (3-30-23)
b. Withdrawal of approval may be for one (1) or more of the following reasons: (3-30-23)
i. Violation of Chapter 24, Title 33, Idaho Code or this rule; (3-30-23)
ii. Providing false, misleading, deceptive, or incomplete information to the Board; (3-30-23)
iii. Presenting information to prospective or current students which is false, fraudulent, misleading, deceptive, or inaccurate in a material respect; (3-30-23)
iv. Refusing to allow reasonable inspection or to supply reasonable information after a written request by the Board Office has been received; or (3-30-23)
v. Loss of accreditation status. (3-30-23)
c. If any information contained in the application submitted by the institution or school becomes incorrect or incomplete, then the registered institution or school shall notify the Board office of such change within thirty (30) days. An institution or school that ceases operation during the course of a registration year shall immediately inform the Board Office of this event. (3-30-23)
a. A new or start-up entity that desires to operate as a postsecondary educational institution in Idaho but which is not yet accredited by an accreditation organization recognized by the Board must register and operate as a proprietary school until accreditation is obtained. A new or start-up entity that is accredited and authorized to operate in another state, and which desires to operate as a postsecondary educational institution in Idaho offering degrees for which specialized program accreditation is required, may be granted approval to operate subject to the successful attainment of such program accreditation within the regular program accreditation cycle required by the accreditor. (3-30-23)
b. There is no inherent or private right to grant degrees in Idaho. That authority belongs only to institutions properly authorized to operate in Idaho under these rules. (3-30-23)
a. Idaho presence shall include medical/osteopathic education clinical instruction occurring in the state of Idaho as part of a course of study leading to a degree pursuant to a formal multi-year arrangement or agreement between such clinic and an institution providing medical/osteopathic education instruction where eleven (11) or more students of the institution are physically present simultaneously at a single field site. (3-30-23)
b. Idaho presence shall not include: (3-30-23)
i. Distance or online education delivered by an institution located outside of the state of Idaho to students in this state when the institution does not otherwise have physical presence in Idaho, as provided in
Subsection 200.03.a. of this rule; (3-30-23)
ii. Medical education instruction occurring in the state of Idaho by an institution pursuant to a medical education program funded by the state of Idaho; (3-30-23)
iii. Internship or cooperative training programs occurring in the state of Idaho where students are employed by or provide services to a business or company in this state and receive course credit from an institution related to such activities; or (3-30-23)
iv. Activities limited to the recruiting or interviewing of applicants or potential students in the state of Idaho, whether conducted by a compensated employee, agent, or representative of an institution, or by volunteer alumnus of an institution, even if such individual is physically located in this state. (3-30-23)
a. Certain Idaho private, nonprofit, postsecondary educational institutions. A private, nonprofit, postsecondary educational institution that is already established and operational as of the date when this rule first went into effect (Brigham Young University - Idaho, College of Idaho, Northwest Nazarene University, New Saint Andrews College, Boise Bible College), and located within the state of Idaho, and that is accredited by an accreditation organization recognized by the Board, as set forth in Section 100 of this rule, shall not be required to register. A private, nonprofit, institution is located within the state of Idaho only if it has been lawfully organized in the state of Idaho and its principal place of business is located within the state of Idaho. An institution exempt under this subsection may voluntarily register by following the procedure for registration provided herein. (3-23-22)
b. Idaho religious institutions. A religious institution located within the state of Idaho that is owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and that grants only religious degrees shall not be required to register. (3-30-23)
04. Institutions That Must Register. Unless exempt under Subsection 200.03 of this rule, any entity that desires to operate as a postsecondary educational institution in Idaho must register as provided herein. (3-30-23)
a. An application must include all the information requested on the application form, as well as the following information: (3-30-23)
i. Copy of most recent accreditation letter showing the period of approval; (3-30-23)
ii. Current list of chief officers - e.g. president, board chair, chief academic officer, chief fiscal officer; (3-30-23)
iii. Enrollment data for current and past two (2) years; (3-30-23)
iv. Copy of annual audited financial statement, or other financial instrument as established by the executive director; (3-30-23)
v. Any additional information that the Board may request. (3-30-23)
vi. All advertising, pamphlets, and other literature used to solicit students and all contract forms must accurately represent the purpose of the school, its courses or courses of study, and other relevant information to assist students in making an informed decision to enroll. Institutions offering courses or courses of study which require clinical, practicum or internship components must provide students in writing information regarding the number of clinical, practicum or internship positions available and the location of said positions. Institutions with courses or courses of study that have not been fully accredited must disclose to prospective students in these courses or courses of study the accreditation status of the program and anticipated date for full accreditation. (3-30-23)
b. The Board may, in connection with a renewal of registration, request that an institution only submit
information that documents changes from the previous year, provided that the institution certifies that all information and/or documentation submitted in a previous registration year remains current. The annual registration fee, described in Section 101 of this rule, shall remain applicable. (3-30-23)
a. For a school that has not previously registered with the Board, registration shall be for the period beginning on the date of issuance of a certificate of registration and continue through June 30 of the next succeeding year. (3-30-23)
b. Renewal of registration shall be for the period beginning on July 1 of any year, and continue through June 30 of the next succeeding year. (3-30-23)
a. Idaho presence shall not include: (3-30-23)
i. Distance or online education delivered by an institution located outside of the state of Idaho to students in this state when the institution does not otherwise have physical presence in Idaho, as provided in Subsection 101 of this rule; (3-30-23)
ii. Internship or cooperative training programs occurring in the state of Idaho where students are employed by or provide services to a business or company in this state and receive course credit from an institution related to such activities; or (3-30-23)
iii. Activities limited to the recruiting or interviewing of applicants or potential students in the state of Idaho, whether conducted by a compensated employee, agent, or representative of an institution, or by volunteer alumnus of an institution, even if such individual is physically located in this state. (3-30-23)
03. Application Information Required. In addition to providing the information requested on the application form, a school must attest by signature of the primary official that it is in compliance with Standards I through V set forth in Section 301 of this rule and must provide verification of compliance with Standards I through V set forth in Section 301 of this rule upon request. The Board may, in connection with a renewal of registration, request that a school only submit information that documents changes from the previous year, provided that the school certifies that all information and/or documentation submitted in a previous registration year remains current. The annual registration fee shall remain applicable. (3-30-23)
The Board and its designee accepts the responsibility for setting and maintaining approval standards for proprietary schools that plan to offer courses or a set of related courses in or from Idaho in order to protect consumers and to ensure quality educational programs are provided throughout the state. A school must meet all of the standards prior to issuance of a certificate of registration and the school must provide required evidence to document compliance with the standards as identified in the application form. A certificate of registration may be denied if all of the standards are not met. (3-30-23)
01. Standard I - Legal Status and Administrative Structure. The school must be in compliance with all local, state and federal laws, administrative rules, and other regulations applicable to proprietary schools. (3-30-23)
a. The school must have a clearly stated educational purpose that is consistent with the courses or a set of related courses under consideration for approval. (3-30-23)
b. The ownership of the school, its agents, and all school officials must be identified by name and
title. (3-30-23)
c. Each owner, agent, instructor and/or school official must be appropriately qualified by the trade board (as applicable) to ensure courses are of high quality and the rights of students are protected. (3-30-23)
d. Written policies must be established to govern admissions and re-admission of dismissed students, hiring procedures, and working conditions; evaluation/assessment of all employees and instructional offerings; student and instructor rights and responsibilities; grievance procedures; approval of the curriculum and other academic procedures to ensure the quality of educational offerings. (3-30-23)
e. Procedures for assessing/evaluating the effectiveness of instruction must be established. Evaluation and assessment results must be used to improve courses or courses of study. (3-30-23)
f. All advertising, pamphlets, and other literature used to solicit students and all contract forms must accurately represent the purpose of the school, its courses or courses of study, anticipated job opportunities, and other relevant information to assist students in making an informed decision to enroll. Schools offering courses or courses of study which require clinical, practicum or internship components must provide students in writing information regarding the number of clinical, practicum or internship positions available and the location of said positions. The school must provide to each prospective student, newly-enrolled student, and returning student complete and clearly presented information indicating the school’s current completion and job placement rate. (3-30-23)
02. Standard II - Courses or Courses of Study. Instruction must be the primary focus of the school. All courses or courses of study must prepare students to enter employment upon completion of the program or prepare them for self-employment. (3-30-23)
a. The requirements for each course or courses of study must be defined clearly including applicable completion requirements or other requirements such as practicums and clinicals. Courses or courses of study must follow applicable trade or occupational board training curriculum standards or be designed using effective learning strategies for students, identifying and organizing all instructional materials and specialized facilities, identifying instructional assessment methods, and evaluating the effectiveness of the course offerings. Applicants must include an attestation that courses or courses of study applicable to occupations, which are otherwise regulated, licensed, or registered with another state agency or state board, meet the regulating state agency or state board standards for licensure or certification at the time of application. The office of the state board of education does not review course or program curriculum. (3-30-23)
b. Written course descriptions must be developed for all courses or courses of study. Written course descriptions must be provided to instructors. Instructors are expected to follow course descriptions. A syllabus must be developed for each course and distributed to students at the beginning of the course. (3-30-23)
c. The school must assure that a course or courses of study will be offered with sufficient frequency to enable students to complete courses or courses of study within the minimum time for completion. (3-30-23)
d. The school must clearly state the cost of each course or courses of study and identify the payment schedule. This information, and the refund policy, must be given to students in writing. (3-30-23)
03. Standard III - Student Support Services. The school must have clearly defined written policies that are readily available to students. Policies must address students rights and responsibilities, grievance procedures, and define what services are available to support students. (3-30-23)
a. The admission of students must be determined through an orderly process established in a written policy using published criteria which must be uniformly applied. Admissions decisions must take into account the capacity of the student to grasp and complete the instructional training program and the ability of the school to handle the unique needs of the students it accepts. (3-30-23)
b. There must be a clearly defined policy to re-evaluate students dismissed from the school and, if appropriate, to readmit them. (3-30-23)
c. The school must establish and adhere to a clear and fair policy regarding due process in disciplinary matters for all students, given to each student upon enrollment in the school. The school must provide the name and contact information for the individual who is responsible for dealing with student grievances and other complaints and for handling due process procedures. (3-30-23)
d. Prior to enrollment, all prospective students must receive the following information in writing: (3-30-23)
i. Information describing the purpose, length, and objectives of the courses or courses of study; (3-30-23)
ii. Completion requirements for the courses or courses of study; (3-30-23)
iii. The schedule of tuition, fees, and all other charges and all expenses necessary for completion of the courses or courses of study; (3-30-23)
iv. Cancellation and refund policies; (3-30-23)
v. An explanation of satisfactory progress, including an explanation of the grading/assessment system; (3-30-23)
vi. The calendar of study including registration dates, beginning and ending dates for all courses, and holidays; (3-30-23)
vii. A complete list of instructors and their qualifications; (3-30-23)
viii. A listing of available student services; and (3-30-23)
e. Accurate and secure records must be kept for all aspects of the student record including, at minimum, admissions information, and the courses each student completed. (3-30-23)
a. Instructor qualifications (training and experience) must be recorded and available to students. (3-30-23)
b. There must be a sufficient number of full-time instructors to maintain the continuity and stability of courses. (3-30-23)
c. The ratio of instructors to students in each course must be sufficient to assure effective instruction. (3-30-23)
d. Commissions may not be used for any portion of the faculty compensation. (3-30-23)
e. Procedures for evaluating instructors must be established. Provisions for student evaluation are recommended. (3-30-23)
a. Adequate financial resources must be provided to accomplish instructional objectives and to effectively support the instructional program, including classroom and training facilities, instructional materials, supplies and equipment, instructors, staff, library, and the physical and instructional technology infrastructure. (3-30-23)
b. The school must have sufficient instructional resource materials so that, together with tuition and fees, it is able to complete its educational obligations to currently enrolled students. If the school is unable to fulfill its obligations to students, the school must make arrangements for a comparable teach-out opportunity with another
proprietary school or refund one hundred (100) percent of prepaid tuition. (3-30-23)
c. School financial/business records and reports must be kept separate and distinct from those of any affiliated or sponsoring person or entity. Financial records and reports at a school shall be kept in accordance recognized financial accounting methods. (3-30-23)
d. The school must have adequate instructional resource materials available to students, either on site or through electronic means. These materials must be housed in a designated area and be available for students and instructors with sufficient regularity and at appropriate hours to support achievement of course objectives or to promote effective teaching. (3-30-23)
e. If the school relies on other schools or entities to provide library resources or instructional resources, the school must demonstrate how these arrangements effectively meet the needs of students and faculty. These arrangements must be documented through written agreements. Student and faculty use must be documented and frequently evaluated to ensure quality services are being provided. (3-30-23)
01. Agent’s Certificate of Identification. Each proprietary school shall ensure that its agents have a valid certificate of identification, and that all of its agents are in compliance with Section 33-2404, Idaho Code. The school shall complete a criminal history check that includes, at a minimum, the State Bureau of Identification, and statewide sex offender registry for each agent having unsupervised contact with minors in the minor’s home or at secondary schools, prior to making application for the agent’s certificate of identification. The criminal history check shall be valid for five (5) years and be kept on file by the school. When an employee returns to any proprietary school after a break in service of six (6) months or more a new criminal history check must be obtained. When an employee changes employment between proprietary schools, a new criminal history check must be obtained by the new employer. (3-30-23)
a. The Board shall revoke any agent’s certificate of identification issued or authorized under this Section and shall deny the application for issuance of a new certificate of identification of a person who pleads guilty to, or is found guilty of, notwithstanding the form of the judgment or withheld judgment, any of the following felony offenses against a child: (3-30-23)
i. The aggravated assault of a child, Section 18-905, Idaho Code, or the assault with intent to commit a serious felony against a child, Section 18-909, Idaho Code. (3-30-23)
ii. The aggravated battery of a child, Section 18-907, Idaho Code, or the battery with intent to commit a serious felony against a child, Section 18-911, Idaho Code. (3-30-23)
iii. The injury or death of a child, Section 18-1501, Idaho Code. (3-30-23)
iv. The sexual abuse of a child under sixteen (16) years of age, Section 18-1506, Idaho Code. (3-30-23)
v. The ritualized abuse of a child under eighteen (18) years of age, Section 18-1506A, Idaho Code. (3-30-23)
vi. The sexual exploitation of a child, Section 18-1507, Idaho Code. (3-30-23)
vii. Possession of photographic representations of sexual conduct involving a child, Section 18-1507A, Idaho Code. (3-30-23)
viii. Lewd conduct with a child under the age of sixteen (16) years, Section 18-1508, Idaho Code. (3-30-23)
ix. The sexual battery of a minor child sixteen (16) or seventeen (17) years of age, Section 18-1508A, Idaho Code. (3-30-23)
x. The sale or barter of a child for adoption or other purposes, Section 18-1511, Idaho Code. (3-30-23)
xi. The murder of a child, Section 18-4003, Idaho Code, or the voluntary manslaughter of a child, Section 18-4006 1., Idaho Code. (3-30-23)
xii. The kidnapping of a child, Section 18-4502, Idaho Code. (3-30-23)
xiii. The importation or exportation of a juvenile for immoral purposes, Section 18-5601, Idaho Code. (3-30-23)
xiv. The abduction of a person under eighteen (18) years of age for prostitution, Section 18-5610, Idaho Code. (3-30-23)
xv. The rape of a child, Section 18-6101 or 18-6108, Idaho Code. (3-30-23)
b. The general classes of felonies listed in Section 302 shall include equivalent laws of federal or other state jurisdictions. For the purpose of Subsection 302.07, "child" means a minor or juvenile as defined by the applicable state or federal law. (3-30-23)
02. Surety Bond. Each proprietary school shall comply with the provisions in Section 33-2406, Idaho Code, relating to a surety bond. (3-30-23)
a. The amount of the surety bond shall be not less than the total tuition and fees to be collected by the school from its students, currently engaged in instructional activities, that covers the period from the beginning through completion of the course of instruction the student has contracted and paid for. This amount shall be based upon the projected tuition and fee revenue for the coming registration year, subject to modification in the event a school experiences significant changes in tuition and fee revenue during the current year. The Executive Director shall determine the appropriate format and method by which this bond value is to be calculated and reported. (3-30-23)
b. Schools must keep a valid bond in force, via periodic renewal as needed, throughout the entire registration year with no lapse in coverage. Schools shall ensure that all bonds include "extended coverage" clauses to remain in effect for one hundred twenty (120) days after the date of a school's closure. (3-30-23)
c. No party to the surety bond may cancel without one hundred twenty (120) day prior notice to all parties, including the Office of the State Board of Education. (3-30-23)
d. The Board shall be the beneficiary of the bond and shall oversee the distribution of funds to students who file claims. Schools shall provide proof of the required bond and submit said documentation with their registration applications. (3-30-23)
303. -- 399. (RESERVED)
400. ENFORCEMENT.
The Board, acting by and through its Executive Director may initiate on its own initiative any investigation relating to a violation of the state laws or rules relating to the requirement that an institution or school register with the Board pursuant to Title 33, Chapter 24, Idaho Code. (3-30-23)
401. -- 499. (RESERVED)
500. COMPLAINTS.
A complaint concerning an institution or school operating in the State of Idaho (maintaining an Idaho presence) that pertains to a matter described herein shall be reviewed and acted upon as appropriate in accordance with the specific procedures described below: (3-30-23)
01. Violations of State Consumer Protection Laws. A complaint alleging a violation of Idaho consumer protection laws shall be instituted, reviewed, and acted upon in accordance with IDAPA 04.02.01, “Idaho Rules of Consumer Protection, Office of the Attorney General.” (3-30-23)
02. Violations of State Laws or Rules Related to the Registration of Postsecondary Educational Institutions and Proprietary Schools. A complaint alleging violations of state laws or rules related to the requirement that an institution or school register with the Board shall be submitted in writing to the Board’s Executive Director for investigation and appropriate enforcement action, including the remedies specified in Section 33-2408, Idaho Code. (3-30-23)
03. Complaints Related to Quality of Education, or Other Matters. (3-30-23)
a. A complaint relating to the quality of education provided by an institution or school or accreditation matters, or any other matter related to the operations or practices of an institution or school other than a state consumer protection matter, shall be submitted on a form provided by the Board to the Executive Director for review and appropriate action. (3-30-23)
b. If after initial review the Executive Director determines that the complaint relates to the quality of education or accreditation matters, the Executive Director may refer the matter to the accreditation organization of the institution or school at issue for review and recommendation. If a matter referred to an accreditation organization results in resolution of the complaint to the satisfaction of the complainant, then the matter shall be considered resolved and there shall be no further action on the matter. If the matter is not successfully resolved, then the Executive Director will review the recommendation of the accreditation organization and follow the procedures for investigations of complaints described in Subsection 500.03.c. of these rules. (3-30-23)
c. If the complaint pertains to any other matter related to the operations or practices of an institution or school, other than a state consumer protection matter, then the Executive Director will review the complaint to determine whether such complaint falls within the regulatory authority of the Board. If it does not, then Board office will notify the complainant in writing of such determination, and may offer referral of such matter to an appropriate agency or entity. If after initial review the Executive Director determines that the complaint falls within the regulatory authority of the Board, then Board staff will notify both the complainant and the respondent institution or school of the complaint resolution process to be utilized and applicable timelines. The review and investigation of a complaint shall occur as expeditiously as possible. The parties may be asked to respond in writing to the complaint, to submit to interviews, and to provide additional records, documents, statements, or other collateral information as necessary. Any request by the investigator for additional information related to such complaint must be provided promptly. The Board’s investigator will review the materials submitted by all parties and at the conclusion of the investigation prepare a summary of the allegations, the investigator’s findings, and a recommendation for disposition to the Executive Director. If the Executive Director determines that the facts indicate a probable violation of law or rule over which the Board has regulatory authority, then the Executive Director shall issue a written decision on the disposition of such complaint. Within thirty (30) days after a decision is issued a party aggrieved by such decision may file with the Executive Director a request for a hearing. The provisions of the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code, shall apply to such hearing and to judicial review of such decision. (3-30-23)
d. If the Board office receives a complaint relating to an institution or school that is exempt from registration under Idaho law or these rules, and such institution or school has not elected to voluntarily register, then such institution or school shall be responsible for reimbursing the Board office for the actual costs incurred to process and act on such complaint. (3-30-23)
501. -- 999. (RESERVED)