Family & Community Alternative Learning
Massachusetts Proprietary Schools

Notice to Proprietary Schools

The Office of Proprietary Schools (OPS) has made tremendous strides over the last year streamlining its application process and internal procedures. As a result, we hope that you have noticed an increase in responsiveness by the OPS staff and that the unit is meeting its goal of responding to your applications and materials within thirty (30) days of receipt. This success is due, in part, to your efforts to submit materials in a timely manner and to complete them accurately. We will continue to make changes over the next year to further improve our turn-around time and data collection methods and we encourage you to periodically check our web-site for updated forms, policies, and guidelines.

In the meantime, we'd like to take this opportunity to update you on several matters.

Teacher Approval Applications: Effective January 1, 2006, all private occupational schools will be required to comply with 603 CMR 3.15(1) by submitting applications for teacher approval prior to hire. The Department had instituted a temporary policy that allowed schools to delay teacher approvals until the time of the school's renewal, while still requiring schools to have teacher applications on file in the event of a Department audit. Unfortunately, over the past year the Department has received numerous complaints from students regarding the quality of instructors. These complaints have been borne out by a number of founded complaints against schools and a number of unapprovable teacher applications.

As part of this return to the regulatory requirements, please note that the Department is prepared to process teacher approvals in as little as 10 days as long as the applications are complete and all required documentation is attached (e.g., transcripts and proof of occupational experience). Schools are reminded of the Department's policy regarding substitute teachers, which is available on our web-site. We would also like to remind schools that failure to obtain teacher approval prior to hire may be cause for suspension and/or revocation of the school's license and may impact complaints filed with the Department.

To further assist schools in submitting appropriate documentation, on January 1, 2005, the Department released Guidelines for Teacher Qualifications, which are intended to supplement the above regulations and specifically clarify the combination of skills and experience required by the Department. Several schools have contacted the Department expressing their appreciation for this written clarification. Additionally, the Department has been working with schools that have requested the Department revisit the guidelines for specific areas of instruction. As such, the Department will issue periodic updates via addendums on the web-site. Please be sure to check the Department's web-site regularly.

Schools are reminded that teachers are approved by the Department to teach individual courses. Should a school want to hire an approved teacher to teach a course for which s/he is not approved, the school must obtain Department approval via a teacher approval application. In addition to requesting approval for the specific course or courses for which the teacher may be hired to teach, schools would be wise to request approval for all courses for which the teacher qualifies by virtue of his or her training and occupational experience, thus allowing schools flexibility with their staffing.

Advisory Council: I am pleased to announce the appointment of twelve individuals who have agreed to lend their time and expertise to the Department's newly reestablished advisory council. Their charge is to actively help improve proprietary school programs while serving and protecting the students of those schools. Please see the new section of our web-site for more information on the council and its members.

Licensing 101: In June, the Department began offering monthly Licensure 101 information sessions, which are workshops designed to help schools properly complete licensure materials. Thus far, we've held 5 sessions and hosted 41 people, which have included both new schools and directors and owners of existing schools. The Department strongly encourages all licensed schools to send their new directors or any persons responsible for completing teacher approval or licensure materials.

Compliance Issues
Documentation: In order to assist schools in maintaining compliance, the Department has instituted an automated system that sends to schools reminders of their interim-year and renewal requirements, and their building, fire, and surety expiration dates. These notices are typically sent 60-90 days in advance of the due dates. However, please note that whether or not a school receives a reminder notice, each school is responsible for submitting its documentation prior to its expiration. In the instance of interim-year and renewal documentation, materials are due thirty (30) days prior to the one-year anniversary (for interim) or expiration date (for renewal) of your license.

The Department strongly encourages schools to develop their own tickler systems to ensure that materials are complete and are submitted prior to the one-year (interim) and two-year (renewal) date of their license. Given the positive feedback we received last year on our sample tickler system, we are once again attaching a sample chronology for your convenience.

Please note that the Department has had to suspend a handful of schools that relocated without notifying the Department or providing the Department with the required documentation. Schools should also be aware that if they have submitted documents to the Department for approval (enrollment agreement, teacher approvals, program approvals, or changes in branches, names, addresses) and have not received a Department-approved copy returned within 30 days, it is the school's responsibility to follow up with the Department. Further, if schools are planning to change any of the information provided to the Department on any of the forms submitted for approval, schools must complete new forms and resubmit them to the Department prior to implementation. If you are planning to sell your school, please remember that licenses are not transferable and you should contact the Department immediately for assistance.

Surety: Schools are reminded that they are required to submit their completed financial documentation to the Office of the State Auditor (OSA) each year, 30 days prior to the date of the annual review, in accordance with M.G.L. chs. 75D, § 4, 75C, § 1A, and 93, § 20A. Further, an OSA determination of financial solvency is valid for one year, at which time a new determination must be obtained. In addition, schools are reminded that upon the OSA's determination, if a school's surety increases, in accordance with 603 CMR 3.06(4), the school has 30 days to submit the additional surety to the Department. As a reminder, failure to submit yearly financial documentation or to submit increased surety within thirty days will result in suspension of the school's license.

Operating During Periods of Suspensions: In an effort to better protect the public, the Department has stepped up its efforts to ensure that schools are not operating while their proprietary school license is suspended. If it is determined that schools have violated the terms of their suspensions, the Department may impose sanctions against schools, such as refunding students' tuition and/or the revocation of schools' licenses.

Unlicensed Schools: The Department continues to work closely with several agencies and the Attorney General's office to bring unlicensed schools operating within the Commonwealth into compliance. The Department would also like to take this opportunity to thank licensed schools that have brought unlicensed entities to the Department's attention and that have been pro-active in providing information about these schools. It is through this collaboration that we will all be able to better protect and serve students.

Review of Promotional Materials: Promotional materials must be maintained and made available for inspection by the Department. While the Department does not currently require schools to have their advertising approved prior to use, the expectation is that schools abide by 603 CMR 3.14 and 940 CMR 3.10, the regulations promulgated by the Office of the Attorney General governing Private Home Study, Business, Technological, Social Skills and Career Schools and Correspondence and Others. If schools have any questions about their advertising, please do not hesitate to contact us.

Proprietary School Report: Just in case you haven't seen it, the National Consumer Law Center (NCLC), released a report this year entitled, "Making the Numbers Count: Why proprietary school performance data doesn't add up and what can be done about it." http://www.consumerlaw.org/news/ProprietarySchoolsPress.pdf Even before this report, the Department has been paying close attention to schools' drop out rates and students' complaints regarding recruiting practices. The Department is also investigating schools that may be accepting students that are unable to benefit from instruction because they do not meet the school's minimum entrance requirements or possess the English language skills necessary to benefit from the programs of instruction.

Future Changes: Over the next year, the Department has plans for more improvements to its operations. Please watch for the following:

• Database Development: The design and development of our new database continues and schools may be asked to review and update their data.
• Accreditation and USDE Approvals: The Department will also be updating schools' information regarding accreditation and Title IV approval so please watch for this request as part of your next renewal application. As a reminder, in accordance with M.G.L. c. 75D, § 10, schools may not advertise accreditations from any organizations not approved by the U.S. Department of Education.

Thank You: Last, but not least, we'd like to thank schools for taking the time and effort to call us when they have questions, attend the information sessions when they need assistance, and for doing a much improved job of completing licensure documentation. Your time and attention has allowed our office to process your materials in a timely manner. We thank you for your continued cooperation and commitment to providing the best educational services for students' educational dollars.

Sampler Tickler System

The following are recommended timelines for completion of interim and renewal documentation, which is due to the Department 30 (thirty) days prior to the one-year (interim) anniversary or two-year (renewal) expiration of your license. This is provided only as an example. Schools may wish to develop their own procedures to ensure timely submission of completed documentation.