NACCAS 2012 POLICY
CALL FOR COMMENT
comparison of proposed changes
to standards, criteria, rules, appendices and by-laws
General
Notes on Changes:
1.
More
than one Proposal may relate to the same provision of NACCAS’ Standards, Policies,
Rules of Practice and Procedure, Appendices, By-Laws or Glossary.
2.
Language
to be deleted is overstruck (overstruck) and language to be added is in bold, underlined text.
3.
Proposals adopted by Emergency Action precede
Proposals not yet adopted by the Commission.
4.
Any Proposal adopted under Emergency Action is given
a Proposal Number with an “E”. The effective
date for each such Proposal is noted in the Call for Comment Survey document.
Proposal
2012-1E:
The
Commission proposes to eliminate Standard IV, Criterion 7.
Rationale: The Commission feels that NACCAS
standards should be about educational quality, rather than monitoring the
Department of Education’s regulations.
PROPOSED
REVISIONS
D 7. Before
enrollment each applicant is provided access to written information that
accurately reports the median loan debt (Title IV, if applicable and non-Title
IV) incurred by students who completed each program identified separately. The institution must meet one of the
following:
a. Institutions
participating in Title IV programs must provide the information in accordance
with the most recent year as required by the U.S. Department of Education.
b. Institutions
not participating in Title IV programs must provide the information for the
most recent NACCAS Annual Report year.
Proposal
2012-2E:
The Commission proposes amending
Standard VII, Criterion 2.
Rationale: To more accurately describe what
was being used to evaluate institutions
PROPOSED
REVISIONS
D
2. The financial statements of
the institution demonstrate that it has the financial resources to ensure continuity
of operation, educational programs and services, and to fulfill its obligations
to students and employees, by meeting the following requirements:
a. Has met the requirements as set forth by the
U.S. Department of Education in accordance with 34 C.F.R. 668.171, or the
successor regulation, or
b. A ratio of current assets to current
liabilities of one to one or greater (acid test current ratio); a positive tangible net worth; and a profit
in the most recent accounting year or in two of the most recent three
accounting years. Any assets of the
institution that are excluded in the calculation of the composite score shall
also be excluded by NACCAS in the calculation of the current ratio and net
worth.
In
accordance with Section 8.18 of the NACCAS Rules of Practice and Procedure,
an institution is required to bring itself into compliance with accreditation
requirements within the time frames established in the Rules.
In
addition, the institution’s financial statements:
c. are audited by an independent Certified
Public Accountant;
d. are prepared on an accrual basis, and in
accordance with Generally Accepted Accounting Principles (GAAP).
Proposal
2012-3E:
The
Commission proposes to amend Policy VIII.01, the NACCAS Policy on Disasters.
Rationale:
To make the
Policy easier for institutions to follow, and more practical for the NACCAS
office to implement.
PROPOSED
REVISIONS
Your institution may qualify for temporary
relief from compliance with NACCAS standards and other accreditation
requirements if it has been affected by floods, tornadoes, hurricanes, fires,
wild fires, earthquakes, or other disaster, and is located in a disaster
area designated by the Federal Emergency Management Administration or the
governor of the state in which it is located.
You must notify NACCAS immediately if:
1. The
school or a significant part of its facilities have been destroyed.
2. You
have ceased teaching students for any days not listed in your catalog.
3. There
are circumstances that might affect your ability to comply with accreditation
standards or procedures.
4. If the institution is unable to come
into full compliance at its approved location within 30 calendar days, it must
provide a written plan and timeline, stating how it plans to resume operations.
Send your notice toNotify
NACCAS at:
Executive Director
NACCAS
4401 Ford Avenue, Suite
1300
Alexandria,
VA 22302
703-600-7600
Fax
703-379-2200
amirando@naccas.org
The Executive Director will present the plan to the
full Commission for review.
These notices are required under Section 5.3
of NACCAS’ Rules of Practice and Procedure.
If you
would like the Commission to waive or grant an extension or postponement for
any requirement, please specify this in your notice.
Example:
If your school must be closed for a few days for repairs, the Commission
will grant a temporary waiver of the requirement that the institution be
continuously open and operating and training students.
The Commission also advises you to notify your
case management team at the United States Department of Education without
delay. The Department grants relief on a
case-by-case basis.
Proposal
2012-4E:
The
Commission proposes to amend Rules Section 8.18(a) to provide that the time
frame for compliance established by Section 8.18 begins to toll on the date of
the first official written notification by the Commission to the institution
(which may include electronic notification) advising the institution that the
Commission has determined that the institution is not in compliance with
NACCAS’ accreditation standards or requirements. (The Proposal was adopted by
the Commission under emergency action at its February 2012 meeting and became
effective February 10, 2012. The
Proposal is presented for comment as it remains subject to change by the
Commission.)
Rationale: The
Commission has implemented an automated notification system for compliance with
NACCAS’ student outcomes (completion, placement and licensure) requirements to
address concerns raised by the U.S. Department of Education concerning the timeliness
of NACCAS’ low outcomes monitoring processes.
The change proposed below conforms Section 8.18 to the revised
notification process.
PROPOSED
REVISIONS
Section
8.18 Time Lines to Remedy
Non-Compliance
(a) Where the Commission has found an area in which the
institution is out of compliance with accreditation standards and requirements,
the period allotted to an institution to remedy the non-compliance or cure the
deficiency, together with the time for the Commission’s final decision, in no
case shall exceed the following time limits:
(1) Twelve months, if the institution’s longest program is less
than one year in length;
(2) Eighteen months, if the institution’s
longest program is at least one year, but less than two years in length; or
(3) Two years, if the institution’s longest
program is at least two years in length.
These time frames shall begin to
toll on the date of the first official
written notification by the Commission to the institution (which may include electronic notification)
advising the institution that the Commission has determined that the
institution is not in compliance with NACCAS’ accreditation standards or
requirements decision letter on a process deferring action on an
institution, placing an institution on probation, granting accreditation with
stipulations, withdrawing accreditation, or any similar action relating to
noncompliance by the institution.
Proposal
2012-1:
The
Commission proposes to amend Standard II, Criterion 4.
Rationale: To clarify that
instructor/faculty meetings are held at least once a year, and that NACCAS does
not require substitutes to attend.
PROPOSED
REVISIONS
D
4. Instructors, with the exception of substitutes,
attend meetings according to the institution’s policy which shall require a meeting at least once every 12 months.
Proposal
2012-2:
The
Commission proposes to remove Standard II, Criterion 6 and amend Standard II,
Criterion 7 to clarify the Commission’s intention.
Rationale:
It is the
intention of the Commission that regularly employed instructors at NACCAS
accredited institutions complete at least 12 hours of continuing education each
year.
PROPOSED
REVISIONS
D 6. The
institution has a written plan for continuing education for all instructors.
D
6 7. Each
instructor, with the exception of substitutes, meets the The written
plan requires all instructors to meet their state requirements for continuing education licensure
or certification renewal, if applicable, but not less than 12 clock hours
of such activity each year. If the institution requires more hours, each
instructor must comply with the institution’s requirements. per
instructor.
Proposal
2012-3:
The
Commission proposes to amend Standard II, Criterion 9.
Rationale: To clarify that institutions are
not required to provide annual performance evaluations to substitute
instructors.
PROPOSED
REVISIONS
D
8 9. Each instructor, with the exception of substitutes, receives a written
performance evaluation at least once every 12 months.
Proposal
2012-4:
The
Commission proposes to amend the definition of Continuing Education in the
Glossary.
Rationale: To be consistent with the
previous policy, and to provide examples of some of the types of continuing
education documentation deemed acceptable
PROPOSED
REVISIONS
Continuing
Education -
Participation in a program of instruction which is organized under responsible
sponsorship, capable direction, and qualified instruction designed to improve
professional proficiency. Twelve clock
hours of continuing education or in-service training are required for all
instructors in NACCAS-accredited institutions each year. Examples
of continuing education documentation include, but are not limited to, the
following:
Proposal
2012-5:
The
Commission proposes to amend Standard III, Criterion 2.
Rationale: To protect the privacy rights of
individuals, specifically instructors. Some
states issue instructor licenses and list instructor’s home addresses on the
license.
PROPOSED
REVISIONS
O 2. Appropriate licenses and certificates issued by state
and/or other regulatory authorities are publicly displayed in accordance with state regulations.
Proposal
2012-6:
The
Commission proposes to eliminate Standard III, Criterion 6, as it is redundant.
Rationale:
This criterion is currently covered by Standard III, Criterion 3, which
among other things, requires institutions to follow all federal laws.
PROPOSED
REVISIONS
D 6. The
institution effectively administers all the student financial assistance
programs in which the institution participates.
Proposal
2012-7:
The
Commission proposes to eliminate Standard III, Criterion 9, which requires
institutional advertising to be factual, and instead place the requirement in
the NACCAS Policy on Advertising (Policy III.02).
Rationale: As
stated above.
PROPOSED
REVISIONS
D/O 9. Advertising
for the institution is factual.
The National
Accrediting Commission of Career Arts & Sciences, recognizing the desire of schools to make known their
special offerings and resources, encourages schools to hold to a high standard
of truthfulness in advertising and requires schools, at a minimum, to meet the standards set out in this policy
on advertising. Advertising for the institution must be factual. All institutions are required to be
in compliance with applicable local, state, and federal oversight agencies with
respect to advertising the institution, attracting prospective students, or
promoting the institution for any reason whether using written copy, web-based
information, or any other media format.
Proposal
2012-8:
The
Commission proposes to amend Standard III, Criterion 13.
Rationale: To protect student privacy while
eliminating references to FERPA, as it does not apply to all NACCAS accredited
institutions.
PROPOSED
REVISIONS
D
11 3. The institution complies with the Family
Education Right to Privacy Act requires
written consent from the student or guardian before releasing any student
information in response to a third party request, other than a request by
NACCAS, unless otherwise required by law.
Proposal
2012-9:
The
Commission proposes adding a new Standard IV, Criterion 9 that requires
institutions allowing leaves of absence to comply with Policy IV.06, the NACCAS
Leave of Absence Policy.
Rationale: As
stated above.
PROPOSED
REVISIONS
D 9. If the institution has a leave of
absence policy, it must be in compliance with the NACCAS Leave of Absence
Policy.
Proposal
2012-10:
The
Commission proposes to amend Standard IV, Criterion 13 to remove the term “for
graduation,” as the criterion relates to admissions requirements.
Rationale: As
stated above.
PROPOSED
REVISIONS
D
13 2. The institution has a policy that clearly
defines how training or education received at another institution is applied to
the receiving institution's course or program requirements for graduation (including
the possibility that no such transfer credit is granted).
Proposal
2012-11:
The
Commission proposes removing Standard IV, Criterion 17 to eliminate the
duplication of a U.S. Department of Education requirement.
Rationale:
It is the Commission’s intention that a
Department of Education requirement should only be duplicated if it is a
“best-practice” for all institutions, regardless of its eligibility or desire
to participate in Title IV funding programs.
PROPOSED
REVISIONS
D 17. If
an institution offers a program that is longer than the state requirements,
before enrollment, each applicant is provided the rationale for completing the
additional hours and the benefits to be derived from the additional training.
Proposal
2012-12:
The
Commission proposes to amend Item 8 of Policy IV.03, the NACCAS Enrollment
Agreement Requirements and Checklist, to clarify that institutions are not
required to identify whether a schedule is full-time or part-time. The enrollment agreement must identify how
many hours per week a student is scheduled to attend.
Rationale: As stated above.
PROPOSED
REVISIONS
_____ 8. Class
Schedule – Identify full time or part time and the actual total hours per week the student
is scheduled to attend.
Proposal
2012-13:
The
Commission proposes amending Item 8 of Policy IV.06, the NACCAS Leave of
Absence Policy.
Rationale: To
clarify that a student’s contract end date must be extended by the same number
of days taken in any leave of absence.
PROPOSED
REVISIONS
8. The institution must extend the
student’s maximum time frame and the contract period by the same number
of days taken in the LOA. Changes to the contract period on the enrollment
agreement must be initialed by all parties or an addendum must be signed and
dated by all parties;
Proposal
2012-14:
The
Commission proposes to amend Standard V, Criterion 4 in order to provide more
clarity on what is acceptable and to assist visit teams in evaluating the
criterion.
Rationale: It was noted that most
institutions are placing this information in a readily accessible place, such
as a bulletin board or in the student break area.
PROPOSED
REVISIONS
A
4. Referrals for Contact information for professional
assistance is made available to for
students are made as necessary
Proposal
2012-15:
The
Commission proposes to modify Standard V, Criterion 5 and remove it from
Standard 5 and insert it into Standard VI as a new Criterion 8. The Commission proposes that the language be
modified to require instruction in licensing requirements.
Rationale:
By moving the
criterion to Standard VI, and requiring instruction, rather than advice when
requested, NACCAS is raising the standard for the industry as a whole.
PROPOSED
REVISIONS
Standard
V
A 5. Information
and advice are available to students on regulations governing the scope of
practice for which they are training.
Standard
VI
A
8. Each course and/or program
provides instruction on the regulations governing the scope of practice for
which students are training.
Proposal
2012-16:
The
Commission proposes to amend Standard V, Criterion 7 to limit the institution’s
responsibility, so that they are only required to provide information and
advice on the types of financial assistance they offer.
Rationale: As stated above.
PROPOSED
REVISIONS
A 6 7. Information and advice on any available
financial assistance is accessible to students.
Proposal
2012-17:
The
Commission proposes to amend Standard VI, Criterion 7 to clarify the
Commission’s expectation.
Rationale: It is the Commission’s
expectation that an institution’s curriculum is sufficiently preparing
graduates for licensure and employment in states where there is no oversight
agency guidelines or requirements.
PROPOSED
REVISIONS
D
7. Courses and/or programs
offered by the institution comply with the applicable regulatory agency
curriculum requirements. In the absence of oversight agency regulations
regarding curriculum, programs courses
and/or programs courses
are designed to meet industry standards using feedback from the institution’s
advisory committee and required
elements of the state or national examination, if applicable, and/or
requirements defined in the oversight agency’s statutes or regulations for
licensure.
Proposal
2012-18:
The
Commission proposes amending Policy VII.01, the NACCAS Withdrawal and
Settlement Policy and Checklist, to clarify that institutions may calculate
refunds based on billing periods if they are contracting and billing students
in that manner. The Commission also
proposes that items on the checklist be moved around so that it is easier for
institutions and evaluators to understand.
Rationale: As stated above.
PROPOSED
REVISIONS
FINANCIAL
PRACTICES & MANAGEMENT:
WITHDRAWAL AND
SETTLEMENT POLICY AND CHECKLIST
____ 19. All extra costs, such as books, equipment, graduation fees, etc.,
that are not included in the tuition price are stated and any non-refundable
items are identified.
____ 20. A non-refundable application fee does not exceed $100.00, if
applicable.
26 21. The NACCAS
Minimum Tuition Adjustment Requirements are followed.
Minimum Tuition
Adjustment Schedule
For students who enroll in and begin classes, the
following schedule of tuition adjustment will be considered to meet minimum
standards for refunds:
PERCENTAGE LENGTH COMPLETED TO AMOUNT OF TOTAL
TUITION
TOTAL LENGTH OF COURSE
AND/OR PROGRAM OR COURSE,
OWED TO THE SCHOOL
SEMESTER OR TERM OR BILLING PERIOD (PER CONTRACT)
0.01% to 4.9% 20%
5% to
9.9% 30%
10% to 14.9% 40%
15% to 24.9% 45%
25% to 49.9% 70%
50% and over 100%
Course
and/or Program
or Course Cancellation and School
Closure Policy
21 22. If a program or
course is canceled subsequent to a student’s enrollment, and before instruction
in the program or course has begun, the school shall at its option:
____
a. Provide a full refund of all monies paid; or
____
b. Provide completion of the program or course.
____
23. The Program Cancellation Policy requires that a
pro rata refund of tuition is made.
27 24. If a school
closes permanently and ceases to offer instruction after students have enrolled
and instruction has begun, the school must make arrangements for students such
as a pro rata refund or participation in a teach out agreement.
____ 28. A
list of all students who were enrolled at the time of school closure including the
amount of each pro rata refund is submitted to NACCAS.
Collection Policy requires that:
22 25. Collection
procedures reflect good taste and sound, ethical business practices.
23 26. The name of the
National Accrediting Commission of Career Arts and Sciences is not used in the
institution’s refund policy nor in any of its collection efforts.
24 27. Collection
correspondence regarding cancellation and settlement from the institution
itself, banks, collection agencies, lawyers, or any other third parties
representing the institution clearly
acknowledges the existence of the withdrawal and settlement policy.
25 28. If promissory
notes or contracts for tuition are sold or discounted to third parties, the
third party must comply with the cancellation and settlement policy of the
institution.
School Closure Policy
The Policy requires that:
Proposal
2012-19:
The
Commission proposes amending Policy VII.02, the NACCAS Policy on Extra
Instructional Charges because institutions have requested the privilege of
billing students on a daily, weekly, or monthly basis once the allowable
absences have been exhausted.
Rationale: As stated above.
PROPOSED
REVISIONS
FINANCIAL
PRACTICES & MANAGEMENT:
An institution may
charge a student for extra instruction needed to complete his/her program if:
1. The absences allowed within the contract period have been
exhausted; and
2. The amount charged per unit of instruction (i.e., clock
hour, week, credit or competency) is clearly stated on the enrollment agreement
and tuition and fees information is provided to students upon enrollment.
Schools charging a
fee prior to the completion date appearing on the enrollment agreement have
secured from the student an acknowledgment of credit to their account. All monies received for extra-instruction
prior to completion of the student contract are refunded if the student
terminates and all allowed absences
have been exhausted.
Proposal
2012-20:
The
Commission proposes amending Standard IX and removing Policies IX.01 and IX.02,
the NACCAS Policies on Satisfactory Academic Progress for Programs Measured in
Clock Hours, Competencies and Credits.
Rationale: It is the Commission’s intention
that NACCAS should not monitor Satisfactory Academic Progress as it is a Title
IV requirement. Rather, NACCAS should
ensure that institutions are properly evaluating students, informing students
of their evaluation results, and helping to ensure that students progress
through the course and/or program in a timely fashion.
PROPOSED
REVISIONS
IX. EVALUATION OF STUDENTS
The institution uses systematic student evaluation
to assist student learning and to demonstrate satisfactory student achievement
before a certificate of completion is awarded.
D
1. Each student is evaluated
periodically on attendance, academic and/or practical learning, as applicable.
D
2. Practical learning is
evaluated using written criteria, such as rubrics or similar means.
A
3. Student evaluation results
are provided to students are
provided access to evaluation results.
D 4. At least one evaluation is conducted
in a course and/or program less than 300 clock hours or its equivalent and at
least two evaluations are conducted in a course and/or program of 300 clock
hours or more or its equivalent.
D 5. At least one evaluation must occur on
or before the mid-point of the course and/or program.
D 6. The institution assists students who
are experiencing difficulty in progressing satisfactorily in the course and/or
program.
D 7 4. The
institution documents that each student who graduates or is otherwise awarded a
certificate of completion has fully met the institution's published graduation
requirements.
D 5. The institution’s Satisfactory Academic Progress Policy
complies with the NACCAS Satisfactory Academic Progress Policy and Checklist.
D 6. The institution accurately evaluates student progress
according to the requirements of the NACCAS Satisfactory Academic Progress
Policy and Checklist, if applicable.
Proposal
2012-21:
The
Commission proposes to amend Rules Section 4.5 to require that an institution
undergoing a Category 1 relocation have an on-site visit within 90 days.
Rationale: Under
the current Rule, if an institution relocates following a renewal visit, the new
location may not be visited until the next renewal cycle (i.e., as much as five
or six years after the relocation occurs).
The Commission is proposing the change below to ensure that all new
locations receive a NACCAS visit in a timely fashion.
PROPOSED
REVISIONS
Section
4.5 Requirements Specific to
Category 1 Relocation
(a) 30 Days: An Application for Change of Location (Appl. #11)
must be completed and returned to the Executive Director of NACCAS thirty (30) days
prior to the
date the school plans on relocating.
(b) Visit within 90 days: Within 90 days of the category 1 relocation,
the institution shall undergo an on-site evaluation, in accordance with Part 3
of these Rules, to review the
institution’s compliance with all NACCAS standards, in accordance with the
Category 1 Relocation Visit Check List.
The visit shall be conducted by a NACCAS staff person and a Practitioner
Evaluator. The institution must have
available to the evaluation team all of the documents and information listed in
Appendix #14A. The visit shall be
conducted at the school’s expense.
Proposal
2012-22:
The
Commission proposes to amend Rules Section 4.14 to include the definition of
Teach-Out Event in the Rule, and to amend that definition to include the
placing of an institution’s accreditation on Probation.
Rationale: Under
Section 8.10 of the Rules, the Commission places an institution’s accreditation
on Probation when it has determined that the institution is out of compliance
with NACCAS’ accreditation requirements and that a failure to take immediate corrective
action to come back into compliance will warrant withdrawal of
accreditation. The Commission is
proposing the change below because it believes that when such an event occurs,
the risk to the institution and its students of a loss of accreditation is
sufficiently serious that the institution should be required to make
arrangements for a Teach-Out, if one becomes necessary. The Commission also proposes, for clarity, to
include the definition of Teach-Out Event in Section 4.14 (as well as in the
Glossary).
PROPOSED
REVISIONS
Section 4.14 Teach-Out
and Teach-Out Agreements
(h) For purposes of these Rules, the term
“Teach-Out Event” shall mean the occurrence of any one or more of the following
events involving a NACCAS-accredited institution:
1. The
U.S. Department of Education notifies the Commission that the Secretary of
Education has initiated an emergency action against the institution, in
accordance with section 487(c)(1)(G) of the Higher Education Act (or a
successor statute)(the “HEA”), or an action to limit, suspend, or terminate an
institution participating in any title IV, HEA program, in accordance with
section 487(c)(1)(F) of the HEA (or a successor Statute), and that a Teach-Out
Plan is required.
2. The
Commission acts to withdraw the accreditation of the institution.
3. The
Commission acts to place the institution’s accreditation on Probation.
4. The
institution notifies the Commission that it intends to (a) cease operations
entirely or (b) cancel a program after students are enrolled.
5. A
State licensing or authorizing agency notifies the Commission that an
institution's license or legal authorization to provide an educational program
has been or will be revoked.
* *
* * * *
Teach-Out
Event – The
occurrence of any one or more of the following events involving a NACCAS-accredited
institution:
Proposal
2012-23:
The
Commission proposes to amend Rules Section 4.15 to permit the Commission, under
certain circumstances, to approve a proposed substantive change prior to the
date of the change, subject to stipulations.
Rationale: The
Commission is proposing the change below because it believes that allowing an institution
to seek and obtain Commission approval of a substantive change (subject to
stipulations) before actually undertaking the change will allow the institution
to reduce the risk that the Commission will reject the change after it has
already been implemented. The Commission
believes this will be especially helpful to institutions proposing changes
(such as changes in location or ownership) that are not easily reversed if
approval is not granted.
PROPOSED
REVISIONS
Section 4.15 Commission Action on Substantive Changes
With respect to
applications for substantive changes under this Part, the record for the
application will be taken up and considered by the full Commission.
(a) The Commission may
receive recommendations from the Executive Director and/or a designated
committee.
(b) The
full Commission may approve the change, and continue the institution’s
accreditation or take any of the actions set out in Part 8 of these Rules. Such approval may be given prior to the
effective date of the change for which approval by the Commission is sought;
provided, however, that:
(1)
Such
approval shall be subject to such stipulations as the Commission shall deem
appropriate (including the stipulation that change occur not later than a fixed
date); and
(2)
The
effective date of such approval shall be the date on which such stipulations
are met, and shall in no case be retroactive.
(c) Deny
Approval: A denial of approval of a change under this Part is appealable in
accordance with Part 9 of these Rules.
Proposal
2012-24:
The
Commission proposes to amend Rules Section 4.16 to include a change in an
institution’s official contact person for NACCAS purposes as a non-substantive
change requiring notice to NACCAS.
Rationale: NACCAS
must know at all times who is authorized to speak to NACCAS on behalf of each
accredited institution and, conversely, who is authorized to receive official
NACCAS communications. In order to
ensure that NACCAS’ records on these matters are up-to-date, the Commission is
proposing that each institution be required to notify NACCAS of changes to its
official contact person.
PROPOSED
REVISIONS
Section 4.16 Definitions of Non-Substantive Changes
(f) Changes to the official contact person for the institution.
Proposal
2012-25:
The
Commission proposes to amend Rules Section 4.17 to provide that if an
institution fails to notify NACCAS of a non-substantive change within ninety
(90) days after the notification deadline set forth in the Rules, the change
will no longer be considered non-substantive and the institution will be required
to apply for Commission approval of the change.
Rationale: NACCAS’ Rules require that non-substantive
changes be promptly reported to NACCAS.
This not only ensures that NACCAS’ records are kept up-to-date, but also
allows NACCAS to identify substantive changes (requiring Commission approval)
that have been mistakenly classified as non-substantive by the
institution. The Commission is proposing
the change below because it believes that material failure to abide by the
Commission’s reporting Rules merits closer investigation of the change by the
Commission.
PROPOSED
REVISIONS
Section
4.17 Abbreviated Procedure to
Notify Notification to NACCAS of Non-Substantive Changes
(a) At
least 30 days before the change, the institution must submit the appropriate Notification
Form and fee to the Executive Director of NACCAS. The fee shall be waived where
a program change in mandated by the state in which the school is located. Except
as set forth in Section 4.17(b) below, NACCAS shall acknowledge the change.
(b) NACCAS shall acknowledge the change. If the institution fails to notify
NACCAS of a change described in Section 4.16 within ninety (90) days after the
deadline for notification set forth in these Rules, the change shall no longer
be considered a non-substantive change under these Rules. The Commission shall consider any such change
to be a substantive change, and the institution must apply for approval of such
change by the Commission in accordance with the applicable provisions of Part 4
of these Rules.
Proposal
2012-26:
The
Commission proposes to amend Rules Section 10.0 to delete the requirement that
the Commission publish the names of all schools seeking approval of substantive
change applications before taking final action on the applications.
Rationale: NACCAS’ Board of Commissioners meets on a
monthly basis, hears substantive change applications at every meeting and has,
over the last several years, made procedural changes that have substantially
increased the efficiency and timeliness of action on applications for
substantive changes. The Commission is
proposing the change below because it believes that prior publication of all
applications for substantive changes prior to Commission action (a requirement
was first enacted more than 25 years ago, when the Commission met infrequently)
will substantially, and unnecessarily, delay the Commission’s consideration and
final action on such applications.
PROPOSED
REVISIONS
Section
10.0 Publication of Proposed
Material Changes
(a) The Commission shall publish in the NACCAS newsletter (or in
any other mailing distributed to all accredited schools and the NACCAS mailing
list) all proposed material changes in its Standards and Criteria, Rules of Practice and Procedure, policy
statements, any other document which contains requirements or procedures with
which a school must comply in order to secure and/or maintain accredited
status. Interpretation of existing
Standards and Criteria, Rules of Practice
and Procedure and other documents need not comply with the requirements of
Part 10. The Commission shall also
publish, in advance of Commission action, the names of schools seeking initial
accreditation, renewal of accreditation, or approval of Additional Locations,
changes, and relocations.
Proposal
2012-27:
The
Commission proposes to amend Rules Section 10.5 and Appendix #12 to clarify
that the Commission will entertain petitions for variance of NACCAS’ Rules,
Policies and Appendices, but will not entertain petitions for variance of the
Standards and Criteria.
Rationale: The Commission is proposing the change below
to conform the Rules to current Commission practice.
PROPOSED
REVISIONS
Section
10.5 Petitions for Variance
The Commission shall accept for
consideration at its regular meetings where accreditation actions are taken,
petitions for variance of these Rules of
Practice and Procedure, the
Appendices to these Rules or NACCAS’ Policies filed by a school. If a school wishes to petition the Commission
for a variance from these Rules of
Practice and Procedure, the
Appendices or NACCAS’ Policies it shall do so by filing with the
Executive Director, in writing, a Petition for Variance. Such petition shall cite the specific section
of these Rules of Practice and Procedure, the Appendices or NACCAS’ Policies
from which a variance is sought. It
shall include an explanation of all factors and considerations to support the
variance sought. A petition needs to be
submitted at least forty-five (45) days prior to the Commission meeting where
it is to be considered. The petitioning
school may also request to personally appear before the Commission to argue in
support of the Petition for Variance.
For
the avoidance of doubt, the Commission shall not accept petitions for variance
of NACCAS’ Standards and Criteria.
Decisions by the Commission on a
Petition for Variance shall be made in the same procedural manner as other
accrediting actions of the Commission.
The denial of a
Petition for Variance is not appealable.
* *
* * *
Appendix
#12
Pursuant to Section 10.5 of the
NACCAS Rules of Practice and Procedure,
the Commission may accept for consideration a petition for a variance of the Rules, Appendices or Policies by a school. Petitions must be received forty-five days
prior to a scheduled meeting of the Commission unless there are substantiated
special circumstances. The Commission will only accept petitions that are
submitted in the following format.
1. List the specific section of the Rules to be varied, including the section and number.
2. Provide the institution's rationale for the variance.
3. Provide all documents used by the institution to support the
request for a variance.
4. The institution must submit six (6) copies of the petition
and supporting documentation in soft sided binders for easy review by the
Commission.
Proposal
2012-28:
The
Commission proposes to amend Rules Section 10.7 to include a non-exhaustive
list of disasters for which variances may be granted, and to eliminate the
requirement that a disaster area must have been declared.
Rationale: To conform the Rule to proposed
changes in the Policy on Disasters.
PROPOSED
REVISIONS
Section 10.7 Variance in Case of Disaster
The Commission shall
may grant variances of compliance with some standards and
procedures to schools affected by floods, tornadoes, hurricanes, fires,
wild fires, earthquakes or other disasters in a disaster area
designated by the Federal Emergency Management Administration or
the governor of the state in which it is located. Variances shall be in areas set out in NACCAS
Policy on Disasters.
Proposal
2012-29:
The
Commission proposes to amend Rules Section 11.4 to provide that the Commission
will inform the U.S. Department of Education of the name of any institution or
program accredited by NACCAS which the Commission has reason to believe is
failing to meet its Title IV, HEA program responsibilities or is engaged in
fraud or abuse.
Rationale: The
Commission proposes the change below to enhance compliance with applicable
federal regulations (34 C.F.R. §602.27(a)(6)).
PROPOSED
REVISIONS
Section 11.4 Notification to Government Entities
NACCAS
shall inform the U.S. Department of Education and the appropriate State
oversight agency, at the same time that it notifies the institution, of any
final denial or withdrawal actions, and of any action to place an institution’s
accreditation on probation, taken pursuant to Parts 4 and 8 of the Rules. A final decision is one reached
after an institution has exhausted the appeals process provided for under Part
9 of these Rules, or which is entered
after an institution has failed to avail itself or its appeal rights with the
prescribed time frame. No later than 60 days after a final decision to deny or
withdraw accreditation, NACCAS shall make available to the U.S. Department of
Education and the appropriate State oversight entity a brief statement
summarizing the reasons for the Commission’s decision and the comments, if any,
that the affected institution submits with regard to that decision.
NACCAS
shall notify the United States Department of Education and the appropriate
State oversight agency, within 30 days, of any decision to grant initial
accreditation, renewal of accreditation, or approve a change under Parts 4 and
8 of the Rules. Also, NACCAS shall
notify these government entities, within 30 days, of an institution’s decision
to voluntarily relinquish its accreditation and the effective date of that
relinquishment.
NACCAS
shall inform the United States Department of Education of the name of any
institution or program accredited by the NACCAS which agency with the Commission, upon
review of the team report and response, interim visit report, complaint and
response to complaint allegations or annual report information has reason to believe is failing
to meet its Title IV, HEA program responsibilities or is engaged in fraud or
abuse and the reason for the Commission’s concern.
Proposal
2012-30:
The
Commission proposes to amend Appendix #9 to eliminate the requirement that an
institution undergoing a Category 1 Change of Control provide the Commission
with a same day balance sheet.
Rationale: The
Commission is proposing the change below because it believes that a “same day
balance sheet” does not provide useful information, and is therefore not
necessary, when an institution has simply undergone a change in corporate form.
PROPOSED
REVISIONS
APPENDIX
#9
Requirements Specific to Category 1
1. At least 30 days before the effective
date of the Change of Control, submit the required application form together
with:
a.
A non-refundable application fee.
b.
Copy of state license issued in the name of the new
Owners (to be submitted within 30 days after the change in structure).
c.
If the institution is organized as (or is a
Subsidiary of) a Business Entity, a copy of the certificate of incorporation,
articles of formation or equivalent State authorization for the formation of
such Business Entity(ies).
d.
A report of any changes that have been made or will
be made in the near future by the institution’s New Controlling Owner (e.g.,
curriculum, staff, materials, equipment, location, etc.).
e.
A balance sheet for the institution as of the
effective date of the Change of Control (to be submitted within 30 days after
the effective date of the Change of Control), compiled by an independent
certified public accountant on an accrual basis of accounting according to
GAAP. [1]
Proposal
2012-31:
The
Commission proposes to amend Appendix #9 to eliminate the requirement that an
institution undergoing a Category 1 Change of Control provide the Commission with
a report of changes in operations the institution has made or plans to make in
the near future.
Rationale: The
Commission is proposing the change below because it believes that a “report of
changes made or proposed” is not necessary when an institution has simply
undergone a change in corporate form.
PROPOSED
REVISIONS
Requirements Specific to Category 1
1. At least 30 days before the effective
date of the Change of Control, submit the required application form together
with:
a.
A non-refundable application fee.
b.
Copy of state license issued in the name of the new
Owners (to be submitted within 30 days after the change in structure).
c.
If the institution is organized as (or is a
Subsidiary of) a Business Entity, a copy of the certificate of incorporation,
articles of formation or equivalent State authorization for the formation of
such Business Entity(ies).
d.
A report of any changes that have been made or will
be made in the near future by the institution’s New Controlling Owner (e.g.,
curriculum, staff, materials, equipment, location, etc.).
e.
A balance sheet for the institution as of the
effective date of the Change of Control (to be submitted within 30 days after
the effective date of the Change of Control), compiled by an independent
certified public accountant on an accrual basis of accounting according to
GAAP.