Mo. Code Regs. Ann. tit. 5, § 30-4.020
PURPOSE: The State Board of Education has the authority to establish standards for the approval of courses for the education of eligible persons as provided by Chapters 32–36, Title 38, United States Code; the Comprehensive Employment and Training Act, P.L. 95-524; and the Rehabilitation Act of 1973. This rule proposes common approval standards for three programs and incorporates by reference the relevant federal law or regulations, or both. All references to the State Board of Education may be construed to include the program sections within the Department of Elementary and Secondary Education assigned responsibility for administration of the programs involved.
Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. Acts or regulations, or both, incorporated in the rule have been filed with the Office of the Secretary of State. The entire text of the rule may be found at the headquarters of the agency and is available to any 5 CSR 30-4
interested person at a cost established by state law.
(1) General Standards. The provisions of this section apply to accredited courses and nonaccredited courses.
(A) Period of Operation. A course shall not be approved unless the institution has operated that course successfully for a period of twenty-four (24) calendar months for veterans’ education courses or six (6) calendar months or for one (1) graduating class for Job Training Partnership Act (JTPA) or vocational rehabilitation courses. Successful operation shall mean an operation which is sound educationally and financially.
shall not apply to any—
or other tax-supported educational institution;
cational institution which has been in operation for more than two (2) years or six (6) calendar months, whichever is appropriate, if the course is similar in character to a course previously given by the institution;
an educational institution for a period of more than two (2) years or six (6) calendar months, whichever is appropriate, notwithstanding the institution has moved to another location within the same general locality or has made a complete move with substantially the same faculty, curricula and students, without change in ownership; or
profit educational institution of college level and which is recognized for credit toward a standard college degree.
provision of subsection (1)(A) for the purposes of the Job Training Partnership Act (JTPA) or the Vocational Rehabilitation Act when a needed course is not available at any other institution offering approved courses within a fifty-five (55)-mile commuting distance. If the needed course is otherwise approvable, an exception may be allowed only at the discretion of the State Board of Education.
(F) Advertising. Advertising must be completely truthful and factual and must avoid leaving any misleading, false or exaggerated impression, either by actual statement, omission or intimation.
approved for eligible persons shall limit their advertisement of this fact to a statement such as Approved for Veterans’ Education by the Missouri State Board of Education, Approved for Veterans, or G.I. Approved. Statements such as VA Approved or Approved by the Department of Veterans Affairs are not acceptable as the Department of Veterans Affairs is not the approving agency.
training or education and not employment, is being offered. Advertising under help wanted classifications is prohibited.
name and location of the institution.
sibility for the actions, statements and conduct of their field representatives.
the Missouri State Board of Education must comply with the advertising criteria of state approving agencies in the states in which advertising is used.
(I) Live Projects. Institutions which have live projects as a part of the instruction program shall submit a statement of policies for approval by the State Board of Education. The purpose of the policy is to prevent schools from emphasizing a commercial enterprise rather than work related to handson and classroom training.
vide information regarding charges for instructor and student labor and materials used in live projects instruction.
file concerning live projects which will show that the institution is not violating its statement of policies.
todial-maintenance within the school for areas other than the immediate shop or work area is expressly forbidden.
improvements on buildings and facilities owned by a private-for-profit agency. Capital improvements are any modification, addition or restoration which increases the usefulness, productivity or serviceable life of an existing building or structure, or major item of equipment which is classified for accounting purposes as a fixed asset and the recorded value is increased by the cost of the improvement and subject to depreciation.
(2) Accredited Courses. The provisions of this section apply to accredited courses.
(A) Definition. A course may be approved as an accredited course if it meets one (1) of the following requirements:
approved by a nationally recognized accrediting agency or association. Candidate for accreditation status is not a basis for approval of a course as accredited;
the Missouri Department of Elementary and Secondary Education (DESE) for credit toward a high school diploma;
U.S.C. 11-28 concerning vocational education; or
Missouri Department of Elementary and Secondary Education for credit for a teacher's certificate.
(D) Application. Applications for initial approval or for approval of additional courses shall be made on the standard application. The information to be submitted with the application is listed on the application and attachments should be submitted to the director of Veterans’ Education, the DESE. Courses approved under Veterans Administration guidelines will be accepted for JTPA and Vocational Rehabilitation. Courses for program specific purposes will be approved by the respective program. The application shall include the required copies of the school's catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the school. The catalog, bulletin or separate publication must specifically state the following:
ative to standards of progress required of the student by the institution. This policy will define the grading system of the institution, the minimum grades considered satisfactory, conditions for the interruption for unsatisfactory grades or progress, and a description of the probationary period, if any, allowed by the institution and conditions of reentrance for those students dismissed for unsatisfactory progress. A statement will be made regarding progress records kept by the institution and furnished the student;
relating to student conduct, conditions for dismissal for unsatisfactory conduct, conditions of reentrance of students dismissed for unsatisfactory conduct; and
relating to student attendance for resident courses not leading to a standard college degree, conditions for dismissal for unsatisfactory attendance and conditions of reentrance of students dismissed for unsatisfactory attendance.
(E) Minimum Standards. The State Board of Education may approve the application of the school when the school and the courses are found to have met the following criteria:
school to show the progress of each eligible person.
show continued pursuit at the rate for which enrolled and the progress being made.
each subject for each term, quarter or semester; record of withdrawal from any subject to include the last day of attendance for a resident course; and record of reenrollment in subjects from which there was a withdrawal.
for establishing and reporting promptly to the State Department of Elementary and Secondary Education, Department of Veterans Affairs or other appropriate federal agency, the last date of attendance or the last date of pursuit of an eligible person who discontinues a subject(s) or fails to comply with the school's withdrawal procedures.
attendance for resident courses, periodic grades and examination results;
of previous education and training of the eligible person which clearly indicates that appropriate credit has been given by the school for previous education and training, with the training period shortened proportionately and the person and the Department of Veterans Affairs so notified. The record must be cumulative in that the results of each enrollment period, whether term, quarter or semester, must be included so that it shows each subject undertaken and the final result— that is, passed, failed, incomplete or withdrawn;
to standards of conduct and progress required of the eligible persons.
dards of progress must be specific enough to determine the point in time when educational benefits should be discontinued, when the eligible person ceases to make satisfactory progress.
ered to have made satisfactory progress when s/he fails all subjects undertaken, except when there is a showing of mitigating circumstances, when enrolled in two (2) or more unit subjects.
or grade point average that will be maintained if the student is to graduate. For example, a college may require a 1.5 grade point average the first year, a 1.75 average at mid-year the second year and a cumulative average of 2.0 thereafter on the basis of 4.0 for an A. The policy may include a probationary period of two (2) quarters or semesters when the student falls below the required average. If a probationary period is allowed, it will not be necessary to report unsatisfactory progress to the Department of Veterans Affairs until the completion of the probationary period.
other person eligible for veterans’ benefits shall not be considered valid under the provisions of Chapter 36, and other applicable chapters, under Title 38, United States Code, and Chapter 106, Title 10, United States Code, for a course for which the grade assigned is not used in computing the requirements for graduation; including a course from which a student withdraws after an official drop-add period, not to exceed thirty (30) days, unless there are mitigating circumstances;
dance records for eligible persons enrolled in resident courses not leading to a standard college degree; and
request by the State Department of Elementary and Secondary Education, an authenticated copy of the latest report of accreditation from the appropriate accreditation agency(ies). 5 CSR 30-4
(3) Nonaccredited Courses. The provisions of this section apply to courses which cannot be considered as accredited courses under section (2) of this rule.
(E) Standards of Conduct, Progress and Attendance. The institution shall publish its standards of conduct, progress and attendance which are required of students and shall enforce these standards. These standards must define—
level;
due to unsatisfactory grades or progress;
period;
trance/readmission following dismissal/suspension for unsatisfactory progress, conduct or attendance;
isfactory conduct; and
isfactory attendance.
(G) Personnel. There shall be sufficient, qualified and capable personnel connected with the institution to ensure good administration, supervision and instruction.
institution shall be of good reputation and character.
three (3) years’ experience in a public or private school in administrative work or possess a college degree with at least a minor in the field of administration.
the trade or occupation to be taught, as evidenced by at least three (3) years of experience beyond the learning stage in the trade, occupation or subject, or shall possess a college degree with at least a minor in the subject involved. These qualifications must be clearly shown on a personnel record form submitted for each person on the school staff.
schedule (both in school and outside of school) of more than fifty-five (55) hours per week, nor shall any instructor be engaged in instructional work for more than forty-eight (48) hours per week. The instructional workday of instructors will include break times allowed the students. Business school teachers shall not teach more than forty-eight (48) hours per week including evening school.
(H) Facilities. The institution must provide adequate facilities.
areas must be well-lighted, heated and ventilated.
classrooms, laboratories and shops for the number to be trained.
vided for both sexes, if both sexes are enrolled in the institution. At least one (1) stool must be provided for each twenty-five (25) students and at least one (1) urinal for each thirty-five (35) male students. Adequate lavatory facilities must be provided in those institutions involving work with laboratory or shop tools.
vided each student in those institutions where needed for storage of student tools, supplies and clothing.
comfortable chairs and tables or armchairs and with a blackboard of sufficient size for use by the instructors. Classrooms must be separate from shops and laboratories and must be partitioned so that there is a minimum of noise from shops and laboratories.
vided which is easily accessible and which contains sufficient reference materials so that each student will be provided with essential related information.
must be provided in sufficient quantities and in good quality.
ern teaching aids, charts, films, projectors, mock-ups, models, and the like, when those materials are necessary to the teaching of the trade, occupation or subject.
connection with a commercial enterprise unless approved by the State Board of Education.
conjunction with living quarters.
shall be provided by the institution in accordance with applicable federal and state statutes and regulations.
(I) Course of Study. The course of study must be adequate to prepare the student for the stated course objective.
erans and other persons eligible for veterans’ benefits shall provide for a minimum twelve (12) weeks and a minimum of three hundred (300) hours of instruction. Shorter courses will not be approved unless an exception is granted in accordance with the provisions of subsection (1)(D) of this rule.
tent in quality, content and length with similar courses offered by public and private schools in the state which have recognized accepted standards.
a schedule of the tests and examinations to be given.
periodic evaluation of the student’s proficiency and progress.
(L) Records. The school must maintain adequate records which include the following:
cation and training of the eligible person that clearly indicates that appropriate credit has been given for previous education and training, with the training period shortened proportionately and the eligible persons, the Department of Veterans Affairs and Vocational Rehabilitation so notified;
dance, tardiness, makeup work, proficiency and progress;
and permanent office records for each student;
graduates;
cial records in accordance with generally accepted accounting principles and which accurately reflect and support the receipts and charges applicable to veterans, JTPA and vocational rehabilitation supported students. Further, that all these records and supporting documents shall be retained in accordance with current state and federal laws, and regulations; and
records, documents, reports and data requested by the State Department of Elementary and Secondary Education necessary for the administration of the veterans, JTPA and Vocational Rehabilitation programs.
(M) Charges and Refunds. The charges for tuition, fees and other charges for the course or program of education shall be reasonable, based on the services to be rendered, the books, supplies and equipment to be furnished and the operating costs of the institutions.
maintain a policy for the refund of the unused portion of tuition, fees and other charges in the event an eligible person fails to enter the course or withdraws or is discontinued at any time prior to completion and the policy shall provide that the amount charged to the eligible person for tuition, fees and other charges for a portion of the course does not exceed the approximate pro rata portion of the total charges for tuition, fees and other charges that the length of the completed portion of the course bears to its total length.
(O) Class Schedules. An accurate and current organizational chart shall be available showing--
beginning and ending time of classes, lunch, break periods, and the like;
instructor’s name, subject taught, time and room assignment; and
for each student in institutions having a curriculum composed of single unit subjects.
(4) Administration of Individual Referrals Under the JTPA, P.L. 97-300 and Other Funding Sources Contracting With the State Board for Individual Referrals.
(C) Utilization of Courses. Courses which meet the following conditions are eligible to be included in the individual referral program:
this rule; and
the boundaries of Missouri may be utilized when they are approved by a comparable agency as determined by the state board.
(E) Tuition Charges and Reimbursements. Standard tuition rates for a course(s) established by the institution will be the basis for calculating reimbursement payments for an individual referral.
the basis of the school’s instructional periods, (that is, quarters, terms or semesters). However, the following exceptions shall apply:
(59) weeks, will be treated as three (3) equal instructional periods;
(20) weeks; and
D. Licensed practical nursing, surgical technology, respiratory therapy, dental technology, emergency medical technician-paramedic and radiology programs are exempt from the provisions in subparagraph (4)(E)1.B. Institutions offering these approved programs may request a one (1)- time reimbursement for an individual referral student.
ment requests for tuition payments of individual referrals for each instructional period.
plies are to be reimbursed separately as those costs are incurred. Registration fees are limited to a maximum of one hundred dollars ($100) per student.
following refund policy shall apply to funds received from the state board:
instructional period, the school may retain ten percent (10%) of the tuition;
of each instructional period, the school may retain twenty percent (20%) of the tuition;
week in each instructional period but prior to twenty-five percent (25%) of each instructional period, the school may retain twentyfive percent (25%) of the tuition;
cent (25%) but prior to completing fifty percent (50%) of the instructional period, the school may retain fifty percent (50%) of the tuition;
(50%) of the instructional period, the school may retain one hundred percent (100%) of the tuition;
conflict in subparagraphs (4)(E)4.B.—D., the school will retain the greater amount; and
ited school that lead toward an associate or higher degree or are exempt under subparagraph (4)(E)1.D., the refund policy of the institution will be applied.
may be utilized such as performance based contracting, when specified by the awarding party as a condition of contracting with the state board to reimburse a public, not-forprofit or for-profit institution.
(5) Charges and Reimbursements for Vocational Rehabilitation. The provision of this section applies to accredited and nonaccredited courses. The cost of training shall be reimbursed in the following way:
(A) Tuition payments shall be made on the basis of the school’s instructional periods (that is, quarters, terms or semesters), as described in the school’s catalog. However, the following exceptions shall apply:
least twenty (20) weeks, but no more than thirty-nine (39) weeks, will be treated as having a minimum of two (2) equal instructional periods; and 5 CSR 30-4
least forty (40) weeks, but no more than fiftynine (59) weeks, will be treated as three (3) equal instructional periods. Programs of instruction in licensed practical nursing, surgical technology, respiratory therapy, dental technology, emergency medical technicianparamedic and radiology are excluded; and
that are at least sixty (60) weeks or more will be divided into additional segments of twenty (20) weeks;
(C) In the case of student termination, the following refund policy shall apply to funds received from the state board:
tional period, the school may retain ten percent (10%) of the tuition;
each instructional period, the school may retain twenty percent (20%) of the tuition;
week in each instructional period, but prior to twenty-five percent (25%) of each instructional period, the school may retain twentyfive percent (25%) of the tuition;
(25%), but prior to completing fifty percent (50%) of the instructional period, the school may retain fifty percent (50%) of the tuition;
of the instructional period, the school may retain one hundred percent (100%) of the tuition;
conflict in paragraphs (5)(C)2.—4., the school will retain the greater amount; or
school that lead toward an associate or higher degree or are exempt under paragraph (5)(A)2., the refund policy of the institution will be applied;
AUTHORITY: sections 161.172, 178.430, 178.590 and 178.610, RSMo (1986) and 178.530, RSMo (Cum. Supp. 1991).* Original rule filed May 20, 1981, effective Nov. 16, 1981. Amended: Filed Aug. 13, 1982, effective Nov. 15, 1982. Amended: Filed Nov. 1, 1983, effective March 15, 1984. Amended: Filed July 17, 1990, effective Dec. 31, 1990. Amended: Filed June 1, 1992, effective Feb. 26, 1993. *Original authority: 161.172, 178.430, 178.590 and 178.610, RSMo (1963) and 178.530, RSMo (1963), amended 1977, 1991.