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Home » US Law » 2022 Colorado Code » Title 23 - Postsecondary Education » Article 64 - Private Occupational Schools

§ 23-64-101. Short Title

The short title of this article 64 is the “Private Occupational Education Act of 1981”. Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1177, § 1, effective August 9. Editor’s note: This section is similar to former § 12-59-101 as it existed prior to 2017.

§ 23-64-102. Legislative Declaration

It is the purpose of this article 64 to provide standards for and to foster and improve private occupational schools and their educational services and to protect the citizens of this state against fraudulent or substandard private occupational schools by: Prohibiting the use of false or misleading literature, advertising, or representations by private occupational schools […]

§ 23-64-103. Definitions

As used in this article 64, unless the context otherwise requires: “Administrative law judge” means a person, appointed by the authority from a list provided by the attorney general, who shall conduct hearings on any matter that is within the jurisdiction of the division and that is referred to the administrative law judge by the […]

§ 23-64-104. Exemptions

The following educational institutions and educational services are exempt from this article 64: A public school or public educational institution funded wholly or in part by a local school district or school districts or by direct appropriation from the state to a school, public educational institution, or board; A nonprofit school owned, controlled, operated, and […]

§ 23-64-105. Private Occupational School Division – Creation

There is hereby created the private occupational school division in the department of higher education and the office of director of the division. The division and the director shall exercise their powers and perform their duties and functions specified in this article 64 under the department of higher education and the executive director thereof as […]

§ 23-64-106. Powers and Duties of Division

The division shall have, in addition to the powers and duties now vested therein by law, the following powers and duties: To publish a list of schools and maintain a list of agents authorized to operate in this state under the provisions of this article 64; To receive or cause to be maintained as a […]

§ 23-64-107. Private Occupational School Board – Established – Membership

Effective June 30, 1998, the private occupational school policy advisory committee is abolished, and the terms of members of the advisory committee serving as such immediately prior to June 30, 1998, are terminated. Effective July 1, 1998, there is established, in the private occupational school division, the private occupational school board that shall advise the […]

§ 23-64-108. Powers and Duties of Board – Rules

The board shall have the following powers and duties: To establish minimum criteria in conformity with section 23-64-112, including quality of education, ethical business practices, and fiscal responsibility, that an applicant for a certificate of approval shall meet before the certificate of approval may be issued and continued in effect. The criteria to be developed […]

§ 23-64-109. Duties of Private Occupational Schools

[ Editor’s note: This version of this section is effective until March 1, 2022. ] A private occupational school shall provide the division with such data as the board deems necessary upon written request of the board. Data pertaining to individual students or personnel shall not be divulged or made known in any way by […]

§ 23-64-110. Submittal of Fingerprints for Persons Teaching at Designated Schools – Fingerprint-Based Criminal History Record Checks – Prerequisite for Commencing or Continuing Employment

Instructional staff or prospective instructional staff who may be teaching students in a school designated by the board pursuant to section 23-64-108 (1)(l) shall, beginning July 1, 2006, in order to commence or continue employment at a designated school, submit a set of his or her fingerprints to the Colorado bureau of investigation for the […]

§ 23-64-112. Minimum Standards

In establishing the criteria required by section 23-64-108 (1)(a), (1)(b), and (1)(j), the board shall observe and require compliance with at least the following minimum standards for all schools: That the school can demonstrate that it has sufficient financial resources to: Fulfill its commitments to students; Make refunds of tuition and fees to the extent […]

§ 23-64-113. Prohibitions

No entity of whatever kind, alone or in concert with others, shall: Operate in this state a school not exempt from the provisions of this article 64 unless the school holds a valid certificate of approval issued pursuant to the provisions of this article 64; Offer educational services in or grant educational credentials from a […]

§ 23-64-114. Application for Certificate of Approval

Any entity desiring to operate a private occupational school in this state shall make application for a certificate of approval to the board upon forms to be provided by the board. The application shall include at least the following: A catalog published or proposed to be published by the school containing the information specified in […]

§ 23-64-115. Issuance of Certificate of Approval

Following the review and evaluation of an application for a certificate of approval and any further information required by the board to be submitted by the applicant and an investigation and appraisal of the applicant as the board deems necessary or appropriate, the board shall either grant or deny a certificate of approval to the […]

§ 23-64-116. Application for Change of Ownership – Definition

In the event of a change of ownership of a school, the seller, prior to the effective date of the change of ownership, shall notify the board in writing, and the buyer, prior to or within thirty days after the change of ownership, shall make application for approval of the change of ownership upon forms […]

§ 23-64-117. Agent’s Permits

In-state schools. Any person desiring to engage in the performance of the duties of an agent for a school located within this state shall be registered by the school upon forms to be provided by the division. The registration shall include the following: A statement signed by the applicant that he or she has read […]

§ 23-64-118. Denial of Application for Certificate of Approval or Agent’s Permit

If the board, upon review of an application for a certificate of approval or for an agent’s permit, determines upon reasonable belief that the applicant fails to meet any one or more of the criteria established pursuant to this article 64, the board shall submit to the applicant a notice of noncompliance setting forth the […]

§ 23-64-119. Revocation of Certificate of Approval and Agent’s Permit

If the board determines upon reasonable belief that the holder of a certificate of approval or an agent’s permit has violated or is violating any one or more of the criteria established pursuant to this article 64, the board or its authorized designee shall submit to the holder or a school’s designated agent for service […]

§ 23-64-120. Refund Policy

As a condition for granting a certificate of approval or an agent’s permit to represent a school located outside this state, a school shall maintain a policy for the refund of tuition and fees in the event, and within thirty days of the date, a student fails to enter the course, withdraws, or has been […]