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 and the Rehabilitation Act of 1973. This rule proposes common approval standards for these programs.

1. (1) All references to the State Board of Education (the board) in this rule may be construed to include the Department of Elementary and Secondary Education (DESE) and the appropriate program sections. The provisions of this section apply to accredited courses and nonaccredited courses.

   1. (A) 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 vocational rehabilitation courses. Successful operation shall mean an operation which is sound educationally and financially. The following are exceptions:

      1. 1. Any course to be pursued in a public

or other tax-supported educational institution;

1. 2. Any course which is offered for vet-

erans’ education or vocational rehabilitation by a non-college (NCD) institution and/or a non-accredited institution of higher learning (IHL) where at least one (1) course is already approved;

1. 3. Any course which has been offered by

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;

1. 4. Any course which is offered by an

educational institution of college level and which is recognized for credit toward a standard college degree; or

1. 5. Any course for vocational rehabilita-

tion when a needed course is not available at any other institution offering approved courses within a fifty-five (55)-mile commuting distance as approved by DESE.

1. (B) The educational institution must operate in compliance with all applicable federal, state laws and/or regulations and/or local ordinances.
2. (C) The institution shall make available the instructional facilities and all appropriate records and accounts for inspection by the authorized representatives of DESE, United States Department of Education and the Department of Veterans Affairs.
3. (D) Institutions may make a request for an exception to any of the requirements or provisions of this rule. The institutions must make the request in writing and provide justification for the exception. An exception may be allowed only at the discretion of DESE.
4. (E) Any approval issued under the provisions of this rule may be withdrawn or suspended by DESE for cause. Before any approval is suspended or withdrawn, DESE shall serve a notice in writing to the affected institution with a statement of the reason for its action, unless exigent circumstances warrant immediate suspension of future enrollments. The notice shall be served not less than ten (10) days before the effective date of the action. Upon request during the ten (10)- day period, the institution shall be entitled to a hearing before DESE. The affected institution shall be notified within a reasonable time of DESE’s action.

5. (F) Advertising must be completely truthful and factual and must avoid leaving any misleading, false or exaggerated impression, either by actual statement, omission or intimation.

   1. 1. Institutions which have courses

approved for eligible persons shall limit their advertisement of this fact to a statement such as Approved for Veterans’ Education by DESE, Approved for Veterans, or G.I. Approved. Statements such as Approved by the Department of Veterans Affairs (VA) or VA Approved are not acceptable as the Department of Veterans Affairs is not the approving agency.

1. 2. Advertising must clearly indicate that

training or education and not employment, is being offered. Advertising under help wanted classifications is prohibited.

1. 3. Advertising must include the correct

name and location of the institution.

1. 4. Institutions shall assume full respon-

sibility for the actions, statements and conduct of their field representatives.

1. 5. Institutions with courses approved by

DESE must comply with the advertising criteria of state-approving agencies in the states in which advertising is used.

1. (G) For veterans’ education, a course with a vocational objective will not be approved unless the eligible person or the institution offering that course, establishes that at least one-half (1/2) of the persons completing the course, over the preceding two (2)-year period, excluding the number of persons who completed those courses with assistance under Title 38, United States Code (U.S.C.), while serving on active duty and the number of persons who are unavailable for employment, have been employed in the occupational category for which the course was designed to provide training.
2. (H) A change of ownership, administration or location without consent of DESE shall be sufficient cause to withdraw the approval or suspend future enrollments.

3. (I) Institutions which have live projects as a part of the instruction program shall submit a statement of policies for approval by DESE. The purpose of the policy is to prevent schools from emphasizing a commercial enterprise rather than work related to handson and classroom training.

   1. 1. The statement of policies must pro-

vide information regarding charges for instructor and student labor and materials used in live projects instruction.

1. 2. The institution shall keep records on

file concerning live projects which will show that the institution is not violating its statement of policies.

1. 3. The utilization of participants in cus-

todial maintenance within the school for areas other than the immediate shop or work area is expressly forbidden.

1. 4. Students cannot perform capital

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.

1. (J) 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 institution.

1. (2) The provisions of this section apply to accredited courses.

   1. (A) A course may be approved as an accredited course if it meets one (1) of the following requirements:

      1. 1. The course has been accredited and

approved by a nationally recognized accrediting agency or association. Candidate for accreditation status is not a basis for approval of a course as accredited;

1. 2. Credit for the course is recognized by

DESE for credit toward a high school diploma or for a certificate of license to teach; or

1. 3. The course is conducted under 20

U.S.C. 11-28 concerning vocational education.

1. (B) Any curriculum offered by an educational institution which is a member of one

1. (1) of the nationally recognized accrediting agencies or associations and which leads to a degree, diploma or certificate may be accepted as an accredited course by DESE. Any curriculum accredited by one (1) of the specialized nationally recognized accrediting agencies or associations and which leads to a degree, diploma or certificate may also be accepted as an accredited course by DESE. Approval of the individual subjects, required or elective, which are designated as a part of the curriculum will not be necessary. This approval may include noncredit subjects that are prescribed as a required part of the curriculum. The course objective may be educational leading to a high school diploma or a standard college degree or it may be vocational or professional leading to an occupation.

   1. (C) A nationally recognized accrediting agency or association is one (1) that appears on the list published by the United States Department of Education. DESE may utilize the accreditation of accrediting agencies or associations for approval of the course specifically accredited and approved by that agency or association.

   2. (D) Applications for initial approval or for approval of additional courses shall be made on the application provided by DESE. The application form and attachments should be submitted to the director of Veterans’ Education, DESE, PO Box 480, Jefferson City, MO 65102. Courses approved under Veterans’ Education guidelines may be accepted for 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:

      1. 1. Institution policy and regulations rel-

ative to standards of progress required of the student by the institution. This policy will define the grading system of the institution, the minimum grade 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; 5 CSR 60-900

1. 2. Institution policy and regulations

relating to student conduct, conditions for dismissal for unsatisfactory conduct, conditions of reentrance of students dismissed for unsatisfactory conduct; and

1. 3. Institution policy and regulations

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.

1. (E) DESE may approve the application of the school when the school and the courses are found to have met the following criteria:

   1. 1. Adequate records are kept by the

school to show the progress of each eligible person.

1. A. The records must be sufficient to

show continued pursuit at the rate for which enrolled and the progress being made.

1. B. They must include a final grade in

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.

1. C. The school must provide a system

for establishing and reporting promptly to DESE, 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.

1. D. They may include records such as

attendance for resident courses, periodic grades and examination results;

1. 2. The school maintains a written record

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 and vocational rehabilitation 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;

1. 3. The school enforces a policy relative

to standards of conduct and progress required of the eligible persons.

1. A. The school policy relative to stan-

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. SECONDARY EDUCATION

1. B. No eligible person will be consid-

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.

1. C. The policy must include the grade

or grade point average that will be maintained if the student is to graduate. For example, a college must 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.

1. D. The enrollment of a veteran or

other person eligible for veterans’ benefits shall not be considered valid under applicable federal law and/or regulation, 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;

1. 4. The school maintains adequate atten-

dance records for eligible persons enrolled in resident courses not leading to a standard college degree; and

1. 5. The school must provide, upon

request by DESE, an authenticated copy of the latest report of accreditation from the appropriate accreditation agency(ies).

1. (3) The provisions of this section apply to courses which cannot be considered as accredited courses pursuant to this rule.

   1. (A) Applications for initial approval or for approval of additional courses shall be made on the application provided by DESE. The required copies of the completed application and all attached materials should be submitted to DESE.
   2. (B) The school shall notify the appropriate section of DESE of any change in personnel, charges, ownership or any other information contained in the initial application. The changes shall be submitted promptly on forms provided by DESE.
   3. (C) The institution must be financially sound and capable of fulfilling its commitments for the approved educational program.
   4. (D) The institution must require good discipline, orderliness and regular attendance at all times.

   5. (E) 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 the following:

      1. 1. The school’s grading system;
      2. 2. The minimum satisfactory grade

level;

1. 3. Conditions for interruption of training

due to unsatisfactory grades or progress;

1. 4. A description of any probationary

period;

1. 5. Conditions for a student’s reen-

trance/readmission following dismissal and/or suspension for unsatisfactory progress, conduct or attendance; and

1. 6. Conditions for dismissal due to unsat-

isfactory conduct and/or attendance.

1. (F) Good housekeeping must be maintained throughout the institution at all times.

2. (G) There shall be sufficient, qualified and capable personnel connected with the institution to ensure good administration, supervision and instruction.

   1. 1. All personnel connected with the

institution shall be of good reputation and character.

1. 2. The administrator shall have at least

three (3) years of 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.

1. 3. All instructors must be proficient in

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 provided by DESE for each person on the school staff.

1. 4. No instructor shall have a daily

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.

1. (H) The institution must provide adequate facilities.

   1. 1. All classroom, laboratory and shop

areas must be well-lighted, heated and ventilated.

1. 2. Adequate space must be provided in

classrooms, laboratories and shops for the number to be trained.

1. 3. Separate toilet facilities must be pro-

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.

1. 4. Adequate locker space must be pro-

vided each student in those institutions where needed for storage of student tools, supplies and/or clothing.

1. 5. Classrooms must be equipped with

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.

1. 6. An adequate library must be provided

which is easily accessible and which contains sufficient reference materials so that each student will be provided with essential related information.

1. 7. Tools and/or laboratory equipment

must be provided in sufficient quantities and in good quality.

1. 8. Teaching materials must include mod-

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.

1. 9. Institutions may not be operated in

connection with a commercial enterprise unless approved by DESE.

1. 10. Institutions shall not be located in

conjunction with living quarters.

1. 11. Accommodations for the disabled

shall be provided by the institution in accordance with applicable federal and state laws and/or regulations.

1. (I) The course of study must be adequate to prepare the student for the stated course objective.

   1. 1. The course of study applicable to vet-

erans and other persons eligible for veterans’ benefits shall provide for a minimum of twelve (12) weeks and a minimum of three hundred (300) hours of instruction. Shorter courses will not be approved unless an exception is granted by DESE pursuant to the rules promulgated by the board.

1. 2. The course of study shall be consis-

tent in quality, content and length with similar courses offered by public and private schools in the state which have recognized accepted standards.

1. 3. The course of study shall provide for

a schedule of the tests and examinations to be given.

1. 4. The grading policy must provide for

periodic evaluation of the student’s proficiency and progress.

1. (J) A copy of the course outline, schedule of tuition, fees and other charges, regulations pertaining to absences, grading policy and rules of operation and conduct will be furnished the eligible person upon enrollment. The established student complaint procedures must be posted in a conspicuous place within the school.
2. (K) Upon completion of training, the eligible person will be given a certificate by the school indicating the approved course and indicating that training was satisfactorily completed.

3. (L) The school must maintain adequate records which include the following:

   1. 1. A written record of the previous edu-

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;

1. 2. Accurate and current records of atten-

dance, tardiness, makeup work, proficiency and progress;

1. 3. Individual instructor’s class records

and permanent office records for each student;

1. 4. Placement or location records for

graduates;

1. 5. The institution shall maintain finan-

cial records in accordance with generally accepted accounting principles and which accurately reflect and support the receipts and charges applicable to veterans and vocational rehabilitation supported students. Further, that all these records and supporting documents shall be retained in accordance with current state and/or federal laws, and/or regulations; and

1. 6. The institution shall submit any

records, documents, reports and/or data requested by DESE necessary for the administration of the veterans and vocational rehabilitation programs.

1. (M) 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. The following referral policy applies only to eligible persons receiving veterans benefits:

   1. 1. The institution shall establish and

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

MATT BLUNT (3/31/03)*

charges for tuition, fees and other charges that the length of the completed portion of the course bears to its total length.

1. (N) The institution shall use a satisfactory method of selecting students. Entrance requirements shall be based upon ability of the individual to perform at a level commensurate with the physical or mental demands, or both, of the course. Instruments for measuring ability shall include previous school records, previous work records, psychological testing as and when necessary.

2. (O) An accurate and current organizational chart shall be available showing the following:

   1. 1. Daily hours of instruction including

beginning and ending time of classes, lunch, break periods, and the like;

1. 2. Instructor’s schedule including

instructor’s name, subject taught, time and room assignment; and

1. 3. A class schedule must be maintained

for each student in institutions having a curriculum composed of single unit subjects.

1. (4) The provisions of this section apply to charges and reimbursements for accredited and nonaccredited courses. For the purpose of administering this rule, an individual referral is a student referred by a sponsoring agency for skill training or training-related service for which DESE has contracted to reimburse a public, not-for-profit or for-profit institution. The cost of training for individual referrals with the Division of Vocational Rehabilitation shall be reimbursed in the following way:

   1. (A) DESE shall enter into written agreements with public, not-for-profit and forprofit institutions for the purpose of administering individual referrals and shall develop and provide procedures which assist in administering the program;

   2. (B) Courses which meet the following conditions are eligible to be included in the individual referral program:

      1. 1. Courses which are approved under

this rule; and

1. 2. Courses which are offered outside of

the boundaries of Missouri may be utilized when they are approved by a comparable agency as determined by DESE;

1. (C) Tuition payments shall be made on the basis of the school’s instructional periods, (that is, quarters, terms or semesters). However, the following guidelines shall apply:

   1. 1. Any instructional period that is at

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; 5 CSR 60-900

1. 2. Any instruction period that is at least

forty (40) weeks but no more than fifty-nine (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 technician-paramedic, radiology and massage therapy are excluded;

1. 3. Courses with instructional periods

that are at least sixty (60) weeks or more will be divided into additional segments of twenty (20) weeks; and/or

1. 4. The total instructional program for

licensed practical nursing, surgical technology, respiratory therapy, dental technology, emergency medical technician-paramedic, radiology and/or massage therapy will be treated as one (1) instructional period;

1. (D) Costs for equipment, fees and supplies are to be reimbursed separately as those costs are incurred. Registration fees are limited to a maximum of one hundred dollars ($100) per student;

2. (E) In case of a student termination, the following refund policy shall apply to funds received from DESE:

   1. 1. Within the first week of each instruc-

tional period, the school may retain ten percent (10%) of the tuition;

1. 2. Within the second and third week of

each instructional period, the school may retain twenty percent (20%) of the tuition;

1. 3. After the beginning of the fourth

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;

1. 4. After completing twenty-five percent

(25%) but prior to completing fifty percent (50%) of the instructional period, the school may retain fifty percent (50%) of the tuition;

1. 5. After completing fifty percent (50%)

of the instructional period, the school may retain one hundred percent (100%) of the tuition;

1. 6. For short courses where there is a

conflict in the refund pursuant to this rule, the school will retain the greater amount; or

1. 7. For courses offered by an accredited

school that lead toward an associate or higher degree or programs of instruction in licensed practical nursing, surgical technology, respiratory therapy, dental technology, emergency medical technician-paramedic, radiology and/or massage therapy the refund policy of the institution will be applied;

1. (F) Services provided prior to or after dates approved by the authorizing document will not be reimbursed; SECONDARY EDUCATION
2. (G) Institutions shall submit reimbursement request for tuition payments of individual referrals for each instructional period; and
3. (H) Due to the short-term, intense nature of proprietary, trade or technical school courses, and the close involvement by vocational rehabilitation counselors and others in the vocational training process, monthly progress reports to the vocational rehabilitation counselor are required.

AUTHORITY: sections 161.092, RSMo Supp. 2002, and 161.172, 178.430, 178.530, 178.590 and 178.610, RSMo 2000.* Original rule filed July 7, 2000, effective Feb. 28, 2001. Amended: Filed Sept. 24, 2002, effective April 30, 2003. *Original authority: 161.092, RSMo 1963, amended 1973, 2002; 161.172, RSMo 1963; 178.430, RSMo 1963; 178.530, RSMo 1963, amended 1977, 1991, 1995; 178.590, RSMo 1963; and 178.610, RSMo 1963. (3/31/03)* MATT BLUNT