Wyo. Code R. 206-0002-30
General Agency, Board or Commission Rules
Chapter 30: Private School Lic for Post Secondary Degree Granting Education Inst.
Effective Date: 01/24/2005 to 02/27/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 206.0002.30.01242005
The purposes of the rules are:
(a) To establish a procedure for the licensing of post secondary education institutions (colleges, universities, distance education correspondence schools offering degrees, etc.) with the exception of the University of Wyoming and the Community Colleges of Wyoming (Wyo.Stat.21-2-102 and Wyo. Stat. 21-2-103) or any post secondary education institution possessing current accreditation by an accrediting association recognized and accepted by the United States Department of Education.
(b) To establish minimum standards for post secondary education institutions until accreditation by an accrediting association recognized and accepted by the United States Department of Education.
(c) To protect Wyoming consumers enrolled in a course of study in a non-accredited post secondary education institution.
These rules are promulgated pursuant to Wyo. Stat. 21-2-304 and 21-2-401 et seq. of the Private School Licensing Act, to implement the provisions of that entire act, and have been adopted by the Wyoming State Board of Education in accordance with the Wyoming Administrative Procedure Act (Wyo. Stat. 16-3-101 through 16-3-115). They are effective upon filing with the Secretary of State.
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 Wyo. Stat. 21-4-101(a)(iv), home-based educational programs as defined by Wyo. Stat. 21-4-101(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.
Further these rules do not apply to post secondary institution that is accredited by an accrediting association recognized and accepted by the United States Department of Education.
(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.
(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) “Full time staffing” means that the designated location for physical presence in the state must be open for business eight-full-hours a day excluding Saturdays, Sundays, and legal holidays
(f) “Generally accepted accounting principles” means a widely accepted set of rules, conventions, standards, and procedures for reporting financial information, as established by the Financial Accounting Standards Board.
(g) “Department” means the Wyoming Department of Education.
(h) “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.
(i) “State Board” means Wyoming State Board of Education.
(j) “Licensing Year” is from July 1 through June 30 of the subsequent year.
(k) “Professional credentials” consists of:
(i) Sealed official copies of academic transcripts verifying academic status and educational degrees attained. These transcripts shall contain the names of the institutions granting the degrees and the status of the accreditation of the institution by an accrediting association recognized by the United States Department of Education. If the transcript does not state the name of the recognized and accepted accrediting association, an official document from the institution shall be supplied stating the name of its recognized and accepted accrediting association.
(ii) PSL Form 14, Personal Information Form.
(iii) Letters of reference
(iv) Personal vitae
(l) “PSL forms” may be referred to in these regulations in an abbreviated manner. Below are the form numbers and complete names identifying each form used.
PSL Form 5 - Initial Application Checklist
PSL Form 6 - Renewal Checklist
PSL Form 7 - Update Information Checklist
PSL Form 12 - Update Information Form
PSL Form 14 - Personnel Information Form
PSL Form 15 - Agent Information Form
PSL Form 16 - Number of Students for the Previous Year
PSL Form 17 - Facilities Designation
PSL Form 18 - Licensing History Disclosure
PSL Form 19 - Payment for On-site Visit Form
PSL Form 20 - Verification of Degree Status of Faculty
PSL Form 21 - Verification of Degree Status for Bachelors Degrees
PSL Form 22 - Full Time Employees at Designated Location
PSL Form 23 - No Notice Visits
PSL Form 24 - Waiver for 50% Rule for Bachelor’s Degree
PSL Form 25 - Foreign Credentials Tracking
PSL Form 27 - TOEFL Results
PSL Form 28 - Advertising Policy
PSL Form 29 - Complaint
PSL Form 30 - Financial Status Review
PSL Form 31 - Quarterly Update Designated Locations
PSL Form 610 C - Degree Granting Initial Application
PSL Form 850 D - $100,000 Bond Form
PSL Form 850 E - Irrevocable Standby Letter of Credit
Refund Policy - Example
(m) “Otherwise Qualified Instructor” means a person who has by virtue of extraordinary training and/or experience, despite the absence of a bachelor’s degree in the area sought to be taught, demonstrated an exceptional expertise which qualifies that person to teach a post secondary course.
(n) “Recognized and Accepted Accreditation Agency” includes those agencies recognized by the United States Department of Education.
(o) 'Foreign Credentials' are those issued by any educational institution located outside the United States, and accredited by an accrediting association recognized and accepted by the United States Department of Education.
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 State Board. Such action will be governed by the Wyoming Administrative Procedure Act (Wyo. Stat. 16-3-101 through 16-3-115). 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.
No license shall be granted prior to an initial on-site inspection by the Department.
The licensees, who have faculty, instructors, and students with foreign credentials, are responsible to ensure compliance with this Section, and to provide evidence of compliance with credentialing and admission requirements, including:
(a) For students in possession of foreign academic credentials, official copies of academic transcripts, which have been translated and evaluated by a service organization or person qualified by training from such an organization in accordance with the guidelines established by the National Council on the Evaluation of Foreign Academic Credentials of the Association of Internal Evaluators.
(b) For all instructors, teachers, and faculty, in possession of foreign credentials used by the institution, official copies of academic transcripts which have been translated and evaluated for academic equivalency by a service organization or person qualified by training from such an organization in accordance with guidelines established by the National Council on the Evaluation of Foreign Academic Credentials or the Association of the International Evaluators.
(c) For students whose primary written and spoken language is not English, results of the Test of English as a Foreign Language (TOEFL) administered within two (2) years after admission or prior to receipt of a degree or certificate (which ever comes first) demonstrating the following:
(i) Minimum written score of Five Hundred (500).
(ii) Minimum computer based score of One Hundred Seventy-Five (175).
(d) For any student attending class at an on-site classroom in a foreign country under a bona fide franchise agreement between the licensee and an educational institution in that country the requirement to take the TOEFL does not apply under the following conditions:
(i) The student must have completed, a minimum of six (6) semester credit hours with a grade equivalent of “C” or better, or must have obtained ninety (90) classroom contact hours of post secondary educational instruction, taught by appropriately credentialed instructor(s), in the study of the English language.
(ii) Compliance with subparagraph (i) above shall be demonstrated by appropriately translated and evaluated academic transcripts or the requirement may be satisfied through instruction received concurrently with the student’s course of study.
Application for a license (initial and renewal) shall be made in a form specified by the Department.
(a) For institutions seeking an initial license, the applicant must complete PSL Form 610C - Initial application. (NOTE: The Wyoming Secretary of State will not issue or renew corporate registration without prior licensure by the Department.)
(b) The applicant shall submit documentation that the institution:
(i) is currently seeking appropriate accreditation and detailing steps taken during the year to achieve accreditation, or
(ii) is not seeking accreditation and explaining why it is not necessary to achieve accreditation.
(iii) provide a detailed mission statement, which shall include the specific purposes and objectives of the institution, a complete organizational chart, an explanation of the institution’s financial and administrative support for faculty and student services and curriculum development, and documentation of the means by which the stated purposes and objectives will be supported by the institution.
(c) The applicant shall present proof that the institution maintains a physical facility as office space and that the facility is located in the state. If property is owned, the applicant shall provide a copy of deed of property. If property is leased, the applicant shall provide a notarized copy of the current lease of office space. The terms of any lease shall be for a minimum of one (1) year from its inception with lease renewal for periods of not less than one (1) year. At a minimum, the lease shall be effective July 1 to June 30 of the following year as long as the school retains its license to do business in Wyoming.
(d) The application shall be accompanied by a certified check or money order made payable to the “Wyoming Department of Education” in the amount of ten thousand dollars ($10,000.00) for the school’s license The license is valid for five years.
(e) 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).
(f) A signed and completed PSL Form 28.
(g) 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 One Hundred Thousand Dollars ($100,000.00.) 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.
(h) A copy of the enrollment contract form for each student.
(i) A statement of tuition, fees, and all other charges.
(j) A copy of the refund schedule (See Section 11).
(k) 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. Licensee and/or applicant shall explain how the institution operates/would operate a distance learning program.
(l) A copy of a diploma for each degree offered.
(m) A copy of the attendance record form.
(n) Electronic copies of school catalogs, bulletins, and other published materials, advertising, and circulars.
(o) Completed professional credentials [see Section 4(k)] for each director, supervisor, instructor, and teacher.
(p) PSL Form 15, for each agent must be submitted annually.
(q) An alphabetized list of all agents, instructors, staff, and administrators indicating they completed forms PSL 14 and PSL 15, as applicable.
(r) For institutions granting bachelors, masters, and doctorate degrees documentation to verify the following education requirements for the staff:
(i) Submit completed PSL Form 20.
(ii) Submit completed PSL Form 21.
(iii) An institution may request a waiver to this rule in accordance with Wyo. Stat. 21-2-402 (b) (iii) from the Department. The requirements for the waiver are:
(1) The licensee shall provide in writing the rationale for not complying with the requirements of Wyo. Stat. § 21-2-402 (b) (iii) including proof that the waiver pertains to an otherwise qualified instructor, documentation that supports the rationale, projected beginning and ending dates for the waiver, the reason the course is not to be taught by a properly credentialed instructor, and impact on the licensee and its students if the waiver is not approved.
(2) The Department shall review the documentation and approve or deny the waiver request prior to implementation of the waiver.
(s) If the license of the applicant or the license of any institution having any past or present common ownership, management, marketing or other operation of any kind with the applicant or with which the applicant has previously commingled or currently commingles its marketing, promotional, informational or operational activities in any way has been revoked, suspended, denied or has not been renewed by the licensing jurisdiction of another state, a detailed explanation of the reasons for the action together with all documents relating to any subsequent judicial or administrative proceedings.
The following provisions shall govern the term, conditions, and renewal of the 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 updated information concerning all items in Section 7. A PSL Form 12 will document this process.
(c) A licensee may, upon 30 days written notice, be required to provide to the Department updated information concerning all items in Section 7 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 shall impose and collect an annual processing fee of $2,500.00 that will be collected at the time the annual update information is submitted to the Department. This fee will only be collected in those years after the license issuance and prior to the 5-year license renewal.
No post secondary school, as defined by Wyo. Stat. 21-2-401, shall solicit students, do business in, or operate in Wyoming without first obtaining a private school license. A license will be granted when it has been determined by the Department that the Institution is in compliance with the following minimum standards:
(a) Retain on file all items requested in Section 7.
(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) Provide a copy of the enrollment agreement, contract or other document which acknowledges the enrollment of each student which is executed by each student at the time of enrollment or paying tuition other than application fees. The agreement, contract, or other document shall be made available at the time of the on-site inspection required under Wyo. Stat. § 21-2-401 (d) and shall contain the following statement:
'I understand that (name of institution) is licensed by the Wyoming Department of Education in accordance with Wyo. Stat. § 21-2-401 through 21-2-407 and that neither The Department of Education nor the Wyoming State Board of Education has accredited or endorsed any course of study being offered by (name of institution).'
(f) Comply with all city, county, state, and federal regulations pertaining to post secondary education institution, including the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. sec 27-9-105, et seq., the Americans with Disabilities Act (ADA), 42 U. S. C. 12101, et seq., and the Age Discrimination Act of 1975.
(g) 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 Wyo. Stat. 21-2-401 through 21-2-407, and neither The Department of Education nor the Wyoming State Board of Education has accredited or endorsed any course of study being offered by (name of institution).'
(h) Award diploma to students for satisfactory completion of education requirements.
(i) 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.
(j) Maintain permanent and adequate records to show attendance, progress or grades, and satisfactory standards relating to attendance, progress and conduct are enforced.
(k) 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 Wyo. Stat. 21-2-403.
(l) Submit annually to the Department a current financial statement prepared in accordance with generally accepted accounting procedures and audited by a certified public accountant.
(m) Cooperate in the scheduling and conduct of an on-site visit to the principal place of business of the institution, or any place where services are delivered by the institution. Cooperate in the conduct of a random unannounced visit to the designated Wyoming physical facility by representatives of the Department.
(i) The on-site visit shall be conducted at least 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 the responsibility of the institution visited. The cost shall include the reasonable and proper expenses of the Department's representatives and the per diem rate consistent with travel policies adopted by the State of Wyoming.
(iii) To ensure the requirements for designated office space are enforced, the Department shall conduct random, unannounced, on-site visits at the designated Wyoming office space locations. The licensee shall pay the costs of these unannounced visits. The total cost of all random unannounced visits to any institution from July 1 to June 30 of the subsequent year, shall not exceed $350.00. The check or money order for such payment shall be made payable to the 'Wyoming Department of Education.'
(iv) The designated office space shall be staffed on a full-time basis by an employee(s) of the licensed institution. The licensee shall provide to the Department information that substantive academic and student service related activities are being conducted at this designated location. The licensee shall report annually such activities to the Department using the PSL Form 31.
(v) The institution shall pay for the expenses related to the 3 year and pre-licensing on site visitation/inspection within thirty (30) days from receipt of the bills. Failure to make such payment when due shall constitute grounds for the State Board to immediately deny, suspend, or revoke the license for the visited educational institution. Payment shall be made payable to 'State of Wyoming'. The Department's representatives shall prepare a written report concerning the inspection of the institution's principal place of business. The institution will then be given an opportunity to review and provide comments on this report before the report and the institution's comments are submitted to the State Board. The Department's review and the institution's comments shall be compiled within forty-five (45) days of the completion of the visit/inspection. Written findings on the unannounced visit to the designated facility shall be prepared and provided to the institution and the State Board.
The State Board, through the Department, shall administer and enforce this article.
(a) Subject to the requirements of the Wyoming Administrative Procedure Act, the State Board may suspend or revoke a license issued under the Private School Licensing (PSL) Act to any post secondary educational institution;
(i) For past or current material misrepresentations or omissions in any information submitted to the Department pursuant to this article.
(ii) For failure of the licensee to report any change of information and other materials required under the PSL Act of this section.
(iii) For multiple or repeated violations of State Board requirements to report or take action in a timely manner.
(iv) For any other violation of the licensing statutes or these rules and regulations.
(b) The State Board shall provide written notice of any violation of the PSL Act to the licensee at the last known address, which shall notify the licensee by certified mail, return receipt, of this opportunity to address any violation of this article and otherwise demonstrate compliance with this article within ten (10) calendar days from the date of receipt of the notice.
(c) Subject to the requirements of the Wyoming Administrative Procedure Act, the State Board may immediately suspend or revoke the license of any institution which fails to correct any violation of the licensing statutes or these rules and regulations ten (10) days after receiving written notice by the Department of the nature of the violation and the action required to correct it.
(d) Any person violating the provisions of Wyo. Statutes 21-2-401 thru 406 is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1000.00), by imprisonment in the county jail not to exceed six (6) months, or both. Each solicitation of enrollment or each transaction of business without a license constitutes a separate offense.
Any person violating the provisions of the statutes referenced above may also be enjoined from the continuation of the violation by proceedings brought by the attorney general, any district attorney, any school official or any aggrieved citizen, regardless of whether criminal proceedings have been instituted.
All post secondary education institutions licensed by the State Board will utilize a refund policy that parallels refund policies recommended by the United States Department of Education.
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 notify by certified mail, return receipt, 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) calendar days of receipt of the notification.
(c) The Department shall forward a copy of the institution's letter of response to the complainant. If, after reviewing the response, the complainant wishes to pursue the complaint, an investigation shall be conducted by representatives of the Department.
(d) Upon completion of its investigation, the Department may do one or more of the following:
(i) Dismiss the complaint if it finds the complaint not to be warranted.
(ii) Recommend terms of resolution to the appropriate party/parties.
(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 after the termination of any license.
(f) The State 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.