Kan. Admin. Regs. § 88-28-3 - Certificates of approval
(a) A certificate
of approval may be issued with degree-granting authority or without
degree-granting authority.
(b) An
owner of each institution for which a certificate of approval to operate in
Kansas is sought, or the owner's designee, shall submit an application on a
form provided by the state board. An owner of each institution for which
degree-granting authority is sought, or the owner's designee, shall indicate on
the application that degree-granting authority is requested and shall specify
the degree programs proposed to be offered by the institution.
(c) An owner of each institution or the
owner's designee shall submit the following information with the application:
(1) An outline or syllabus of each course
offered in Kansas;
(2) a
description of the institution's facilities, equipment, and instructional
materials;
(3) a certification by
an owner of the applicant institution or the owner's designee that the building
that is to house the institution meets the requirements of all local, state,
and federal regulations;
(4) a
resume of each administrator and instructor that includes the individual's
education, previous work experience, professional activities, and, if
applicable, licensure;
(5) evidence
of the institution's professional development and in-service
activities;
(6) a copy of the
proposed catalog or, if existing, a copy of each of the institution's most
recent catalogs, bulletins, and brochures, with any supplements, or functional
equivalents;
(7) a copy of the
enrollment documents , or functional equivalent;
(8) a copy of the credential to be given to
each student upon completion of a program ;
(9) a description of how the student and
administrative records are maintained as required by
K.A.R.
88-28-2;
(10) a copy of any advertising
used;
(11) a financial statement
showing income and expenditures for the most recent, complete fiscal year.
These documents shall include either a balance sheet and an income statement or
a statement of financial position and a statement of activities. These
documents shall be audited by a certified public accountant if the institution
is requesting degree-granting authority or the institution participates in
title IV student financial aid programs under the higher education act of 1965,
as amended;
(12) for an institution
in its first calendar year of operation, a business plan with the initial
application, which shall include the following:
(A) An income statement or statement of
activities that provides projected revenue and expenses for the first year of
operation; and
(B) written
documentation evidencing the amounts and sources of capital currently available
to the institution for payment of start-up costs and any potential losses;
and
(13) a copy of any
certificate of accreditation issued to the institution by an accrediting agency
recognized by the United States department of education and a copy of a report
of any adverse actions during the last three academic years.
(d) If an institution is found to
be eligible for a certificate of approval, an owner of the applicant
institution or the owner's designee shall be notified of the pending approval
of the institution. Following notification, an owner of the applicant
institution or the owner's designee shall furnish a surety bond in the amount
of $20,000, as required by
K.S.A.
74-32,175 and amendments thereto. A
certificate of approval shall not be issued until the surety bond is filed with
and accepted by the state board.
(e) On the state board's own motion or upon a
written complaint filed by any person doing business with the institution, an
investigation of the institution may be conducted by the state board. Based
upon the results of the investigation, the institution may be ordered by the
state board to take corrective action, or proceedings may be initiated by the
state board to revoke or condition the institution's certificate of approval.
The approval to grant degrees may be revoked in whole or for specific degree
programs if an institution is not in compliance with the minimum requirements
specified in
K.S.A.
74-32,169, and amendments thereto, and
K.A.R.
88-28-2.
(f) If an institution or an owner of the
institution is named in any criminal action or civil action alleging
dishonesty, fraud, or a consumer protection violation after the institution has
obtained a certificate of approval, the owner or owner's designee shall
immediately notify the state board of the criminal or civil action.
(g) If there are any changes or adverse
actions taken by the United States department of education or the institution's
accreditor, the owner or the owner's designee shall notify the state board
within a week of receipt of notice of the changes or adverse actions
taken.
(h) An owner or the owner's
designee of each institution with degree-granting authority that seeks to begin
a new degree program shall file for an amendment to its certificate of approval
on a form provided by the state board. Each new degree program shall meet the
criteria specified in the definition of that degree in
K.A.R.
88-281. The owner of the institution or the
owner's designee shall submit the following items with the application to amend
its certificate of approval:
(1) An outline of
the curriculum to be offered for the new degree;
(2) the qualifications of the faculty to be
involved in the program of study;
(3) the relationship of the new degree
program to the mission of the institution; and
(4) any other information requested by the
board.
Notes
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