T33CH24
Title 33 > T33CH24
Sections (9)
33-2401
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2401. Definitions. For the purposes of chapter 24, title 33 , Idaho Code, the following words have the following meanings: (1) Accredited means that a postsecondary educational institution has been recognized or approved as meeting the standards established by an accrediting agency recognized by the board. (2) Agent means any individual within the state of Idaho who solicits students for or on behalf of a proprietary school. (3) Agent’s certificate of identification means a nontransferable written document issued to an agent by the proprietary school that the agent represents. (4) Board means the state board of education. (5) Course means instruction imparted in a series of lessons or class meetings to meet an educational objective. (6) Course or courses of study means either a single course or a set of related courses for which a student enrolls, either for academic credit or otherwise. (7) Degree means any written or any academic title which contains, in any language, the word associate, bachelor, baccalaureate, master or doctor, or any abbreviation thereof, and which indicates or represents, or which is intended to indicate or represent, that the person named thereon, in the case of any writing, or the person it is awarded thereto, in the case of any academic title, is learned in or has satisfactorily completed a prescribed course of study in a particular field or that the person has demonstrated proficiency in any field of endeavor as a result of formal preparation or training. (8) Director means the executive officer of the state board of education or his designee. (9) Person means an individual, sole proprietorship, partnership, corporation or other association of individuals, however organized. (10) Postsecondary educational institution means a person, or educational, business or other entity, whether legally constituted or otherwise, which maintains a presence within, or which operates or purports to operate, from a location within the state of Idaho, and which provides a course or courses of study that lead to a degree, or which provides, offers or sells degrees. (11) Proprietary school means a person, or educational, business or other entity, whether legally constituted or otherwise, which maintains a presence within, or which operates or purports to operate, from a location within the state of Idaho and which conducts, provides, offers or sells a course or courses of study, but which does not provide, offer or sell degrees. History: [33-2401, added 1993, ch. 57, sec. 3, p. 156; am. 1995, ch. 107, sec. 1, p. 340; am. 1999, ch. 329, sec. 32, p. 875; am. 2006, ch. 240, sec. 2, p. 726; am. 2009, ch. 26, sec. 2, p. 73; am. 2011, ch. 159, sec. 1, p. 447.]
33-2402
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2402. Registration of postsecondary educational institutions. (1) Unless exempted as provided herein, each postsecondary educational institution which maintains a presence within the state of Idaho, or which operates or purports to operate from a location within the state of Idaho, shall register annually with and hold a valid certificate of registration issued by the director. A public postsecondary educational institution or agency supported primarily by taxation from either the state of Idaho or a local source in Idaho shall not be required to register under this section. The director may exempt a nonprofit postsecondary educational institution from the registration requirement in accordance with standards and criteria established in rule by the board. The director may permit a postsecondary educational institution required to register under this section to instead register as a proprietary school under section 33-2403 , Idaho Code, in accordance with standards and criteria established in rule by the board. (2) The board shall prescribe by rule the procedure for registration, which shall include, but is not limited to, a description of each degree, course or courses of study, for academic credit or otherwise, that a postsecondary educational institution intends to conduct, provide, offer or sell. Such rule shall also prescribe the standards and criteria to be utilized by the director for recognition of accreditation organizations. (3) The director may deny the registration of a postsecondary educational institution that does not meet accreditation requirements or other standards and criteria established in rule by the board. The administrative procedure act, chapter 52, title 67 , Idaho Code, shall apply to any denial of registration under this section. (4) The director shall assess an annual registration fee on each postsecondary educational institution required to be registered under this section as established in rule by the board. Such annual registration fee shall not exceed five thousand dollars ($5,000) and shall be collected by the director and shall be dedicated for use by the director in connection with his responsibilities under this chapter. History: [33-2402, added 2006, ch. 240, sec. 4, p. 728; am. 2009, ch. 26, sec. 3, p. 74; am. 2011, ch. 159, sec. 2, p. 448.]
33-2403
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2403. Registration of proprietary schools. (1) Unless exempted as provided in subsection (4) of this section, each proprietary school which maintains a presence within the state of Idaho, or which operates or purports to operate from a location within the state of Idaho, shall register annually with and hold a valid certificate of registration issued by the director. (2) The board shall prescribe by rule the procedure for registration, which shall include, but is not limited to, a description of each course or courses of study, for academic credit or otherwise, that a proprietary school intends to conduct, provide, offer or sell. (3) The director may deny the registration of a proprietary school that does not meet the standards or criteria established in rule by the board. The administrative procedure act, chapter 52, title 67 , Idaho Code, shall apply to any denial of registration under this section. (4) The following individuals or entities are specifically exempt from the registration provisions required by this section: (a) An individual or entity that offers instruction or training solely avocational or recreational in nature, as determined by the board. (b) An individual or entity that offers courses recognized by the board which comply in whole or in part with the compulsory education law. (c) An individual or entity that offers a course or courses of study sponsored by an employer for the training and preparation of its own employees, and for which no tuition fee is charged to the student. (d) An individual or entity that conducts or engages in activities that would otherwise require registration under chapter 24, title 33 , Idaho Code, if another state agency, commission or board regulates such activities pursuant to title 54 , Idaho Code. (e) An individual or entity that offers intensive review courses designed to prepare students for certified public accountancy tests, public accountancy tests, law school aptitude tests, bar examinations or medical college admissions tests, or similar instruction for test preparation. (f) An individual or entity offering only workshops or seminars lasting no longer than three (3) calendar days and offered no more than four (4) times per year. (g) A parochial or denominational institution providing instruction or training relating solely to religion and for which degrees are not granted. (h) An individual or entity that offers postsecondary credit through a consortium of public and private colleges and universities under the auspices of the western governors. (i) An individual that offers flight instruction and that accepts payment for services for such training on a per-flight basis after the training occurs, or that accepts advance payment or a deposit for such training in a de minimus amount, as established by the board in rule. (j) An individual or entity that offers a program, school or course related to the instruction or pract
33-2404
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2404. Agent’s permit. (1) No individual may act as an agent of a proprietary school required to be registered under the provisions of this chapter unless that individual holds a valid agent’s certificate of identification issued by the proprietary school that the agent represents. (2) Each agent’s certificate of identification shall be reissued annually by the proprietary school that the agent represents on the first day of July. If courses are solicited or sold by more than one (1) agent, a separate certificate of identification is required for each agent. (3) The agent’s certificate of identification shall consist of a pocket card and shall bear: (a) The name and address of the agent; (b) The name and address of the proprietary school that the agent represents; (c) A statement that the bearer is an authorized agent of the proprietary school and may solicit students for the proprietary school. (4) The agent shall surrender the agent’s certificate of identification to the proprietary school upon termination of employment or agency relationship. (5) An agent representing more than one (1) proprietary school shall obtain a separate agent’s certificate of identification for each proprietary school represented. (6) For every agent who will have unsupervised contact with minors, prior to issuing the agent a certificate of identification the proprietary school shall complete a criminal history check on the agent for particular criminal offenses, and in accordance with other guidelines, established in rule by the board. No agent shall be issued an agent’s certificate of identification if he or she is found to have been convicted of any of the offenses identified in board rule, or if he or she has been previously found in any judicial or administrative proceeding to have violated this chapter. (7) An agent’s certificate of identification shall be valid for the state’s fiscal year in which it is issued, unless sooner revoked or suspended. (8) The agent shall carry the agent’s certificate of identification with him or her for identification purposes when engaged in the solicitation of students away from the premises of the proprietary school and shall produce the agent’s certificate of identification for inspection upon request. (9) The issuance of an agent’s certificate of identification pursuant to this section shall not be interpreted as, and it shall be unlawful for any individual holding any agent’s certificate of identification to expressly or impliedly represent by any means whatsoever, that the board has made any evaluation, recognition, accreditation or endorsement of any proprietary school or of any course of study being offered by the agent of any such proprietary school. Any oral or written statement, advertisement or solicitation by any proprietary school or agent which refers to the board shall state: (Name of school) is registered with the State Board of Education in acco
33-2405
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2405. Purchase statement. At the time of depositing any moneys to purchase the product of any proprietary school, the proprietary school shall require the student to execute the following statement on an appropriate form which shall be maintained on record by the proprietary school in the individual student’s file: I understand that (Name of proprietary school) is registered with the State Board of Education in accordance with Section 33-2403 , Idaho Code. I also understand that the State Board of Education has not accredited or endorsed any course of study being offered by (Name of proprietary school), and that these courses may not be accepted for transfer into any Idaho public postsecondary institution. History: [(33-2405) 33-2406, added 1993, ch. 57, sec. 3, p. 159; am. and redesig. 2006, ch. 240, sec. 9, p. 731; am. 2009, ch. 26, sec. 6, p. 78.]
33-2406
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2406. Surety bond. Unless exempted as provided in this section, as a condition of registration, a proprietary school shall obtain a surety bond issued by an insurer duly authorized to do business in this state or other financial instrument in a format approved by the director, in favor of the state of Idaho for the indemnification of any student for any loss suffered as a result of a failure by such proprietary school to satisfy its obligations pursuant to the terms and conditions of any contract for tuition or other instructional fees entered into between the proprietary school and a student, or as a result of any violation of the provisions of this chapter or the rules promulgated pursuant to this chapter. The term of the bond shall extend over the period of registration, and shall be in such amount as is established in rule by the board. The director may submit a demand upon the surety on the bond on behalf of a student or students when it is reasonably believed that a loss has occurred due to a failure by such proprietary school to satisfy its obligations pursuant to the terms and conditions of any contract for tuition or other instructional fees entered into between the proprietary school and a student, or as a result of any violation of the provisions of this chapter or the rules promulgated pursuant to this chapter. Neither the principal nor surety on the bond or other financial instrument may terminate the coverage of the bond, except upon giving one hundred twenty (120) days’ prior written notice to the director. Proprietary schools that are accredited by an accreditation organization recognized by the board shall not be required to obtain a surety bond or other financial instrument. History: [(33-2406) 33-2407, added 1993, ch. 57, sec. 3, p. 159; am. and redesig. 2006, ch. 240, sec. 10, p. 731; am. 2009, ch. 26, sec. 7, p. 78; am. 2010, ch. 79, sec. 9, p. 138; am. 2011, ch. 159, sec. 5, p. 451; am. 2013, ch. 31, sec. 1, p. 69; am. 2014, ch. 35, sec. 1, p. 60.]
33-2407
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2407. POWERS AND DUTIES OF DIRECTOR. (1) In addition to the other duties imposed upon the director by law, the director, either personally or by designee, shall be permitted to: (a) Administer and enforce the provisions and requirements of this chapter or rules promulgated under authority of this chapter. (b) Conduct investigations and issue subpoenas as necessary to determine whether any person or any agent has violated or is violating any provision of this chapter or rules promulgated under authority of this chapter. (c) Upon reasonable notice, conduct examinations of the books and records of postsecondary educational institutions and proprietary schools, and investigations of any person or any agent, wherever located, and as may be necessary and proper for the enforcement of the provisions of this chapter and the rules promulgated under the authority of this chapter. For these purposes, the director or his designated representative shall have free access to the offices and places of business or operations, books, accounts, papers, documents, other information, records, files, safes and vaults of all such persons or agents. (2) The director may issue orders and the board may promulgate rules that, in the opinion of the director and board respectively, are necessary to execute, enforce and effectuate the purposes of this chapter. History: [33-2407, added 2011, ch. 159, sec. 6, p. 451.]
33-2408
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2408. Remedies — civil penalties. (1) Whenever there is sufficient evidence that causes the director to conclude that any person or any agent has engaged in or is about to engage in any act or practice constituting a violation of any provisions of this chapter or any rule or order thereunder, the director may: (a) Issue a cease and desist order ordering such person or agent to cease and desist violating or continuing to violate any provision of this chapter or any rule or order issued in accordance with this chapter; or (b) Apply to the district court for an order enjoining such person or agent from violating or continuing to violate any provision of this chapter or any rule or order and for injunctive or such other relief as the nature of the case may require. (2) Within thirty (30) days after an order is issued under subsection (1)(a) of this section, the person or agent to whom the order is directed may file with the director a request for a hearing on the order. 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 order. (3) Upon showing in any court of competent jurisdiction that a person or agent has violated the provisions of this chapter or rule adopted pursuant to the provisions of this chapter, in addition to any other remedies, such court may order the person or agent to pay civil penalties in an amount established by the court for each violation. Such court may also enter an order entitling the director to recover costs, which in the discretion of the court may include an amount representing reasonable attorney’s fees and reimbursement for investigative efforts. History: [33-2408, added 2011, ch. 159, sec. 7, p. 452.]
33-2409
TITLE 33 EDUCATION CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS 33-2409. criminal penalties. (1) Any person who intentionally violates the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding five thousand dollars (10,000), or both. History: [33-2409, added 2006, ch. 240, sec. 13, p. 735; am. 2011, ch. 159, sec. 8, p. 452.]