Sec. 13b.01.01.05. Program Approval Process

A. Approval of New Programs/Program Modifications.

(1) Approval of New Programs.

(a) Application for approval to offer a new program shall be made to the Secretary on an application form provided by the Secretary and accompanied by additional academic and financial information as may be required.

(b) Completed Application. Within 15 days of receipt of the application, the Secretary shall inform the applicant whether the application is complete or not complete. If the application is not complete, it shall be returned to the applicant. The applicant may resubmit a complete application.

(c) Applications for new program approval shall report the program in clock hours. The application shall state whether the program is to be offered by clock hours or credit hours.

(d) Applications for new program approval shall include a description of job opportunities that are available to persons who complete the proposed program and shall provide evidence of market demand.

(e) A school may not advertise, promote, enroll students for, or offer a new program until the Secretary has approved the new program.

(f) If the Secretary fails to act on an application for program approval within 60 days of receiving a completed application, the program is considered approved.

(2) Program Modifications.

(a) A school shall notify the Secretary of proposed modifications to approved programs at least 60 days before the proposed date of implementation on a form provided by the Secretary.

(b) Substantial modifications to approved programs shall be approved by the Secretary before implementation, and may include, but are not limited to:

(i) An increase or decrease in the number of hours required in the program;

(ii) A redistribution of the hours of a program;

(iii) A change in program objectives;

(iv) Changes in the requirements for admission or satisfactory completion, or both;

(v) Changes in the sequence of instructional hours;

(vi) Changes in program title; and

(vii) Changes in the credential awarded upon completion of the program.

(c) The Secretary shall notify the school whether the proposed modification is a substantial modification requiring approval.

(d) If the Secretary deems the modification to be substantial, the school shall apply for approval of the program modification in accordance with forms provided by the Secretary.

(e) A school may not advertise, promote, enroll students for, or offer a substantially modified program without the prior approval of the Secretary.

(f) If the Secretary fails to act on an application for a program modification within 60 days of receiving a completed application, the program modification is considered approved.

B. Appeal Procedure.

(1) In the event of an appeal of the Secretary's denial of approval for a new program or substantial modification of a program, the following procedures shall be followed:

(a) A letter of appeal from the chief executive officer of the appealing party shall be received by the Secretary within 30 days of receipt of the official notice of the Secretary's decision;

(b) At that time, the appealing party shall submit its full rationale in support of the appeal to the Commission, including:

(i) A summary of the justification for a review of the Secretary's decision, and

(ii) Any relevant supporting evidence; and

(c) Following receipt of the letter of appeal together with any relevant supporting evidence submitted under §B(1)(b) of this regulation, the appeal will be placed on the agenda for the next regularly scheduled meeting of the Education Policy Committee, or the Finance Policy Committee, or the full Commission, except upon request by the appealing party and proof of compelling circumstances, the Commission or committee may schedule a hearing prior to its next regularly scheduled meeting.

(2) Testimony at Hearing.

(a) The Secretary shall designate a staff representative who shall have 15 minutes to present oral testimony in support of the Secretary's decision.

(b) The school shall designate a representative who shall have 15 minutes to present oral testimony in support of the school's appeal.

(c) The staff representative may have 10 minutes to present rebuttal testimony upon completion of the school's testimony.

(d) The school may have 10 minutes to present rebuttal testimony upon completion of the staff representative's rebuttal.

(3) Testimony shall be directly related to the reasons for the Secretary's denial. In the appeal process, a school shall present only that information, data, facts, and materials which clarify material contained in the original proposal and relate to the basis on which the program was denied.

(4) At the hearing, either party may present a written summary of the oral presentation, including relevant documents. Documentation provided by the school shall be directly related to the deficiencies noted by the Secretary.

(5) The committee or Commission may ask questions of either party. Other testimony is not permitted, including testimony from other parties in support of or in opposition to the appeal.

(6) Recommendation to the Commission When Hearing is Conducted by Committee.

(a) Upon completion of the testimony, the committee shall adjourn to executive session to discuss the testimony received at the hearing, as well as any relevant documentation submitted by either party.

(b) After deliberation, but not later than 5 working days after the hearing, the committee shall make a written recommendation to the Commission.

(7) Commission Action.

(a) At the next scheduled meeting of the Commission, the Commission shall receive and act upon a report from the chairman of the committee on the appeal. The report shall include the committee's recommendations and rationale for the recommendations.

(b) After an advance written request to the Chairman of the Commission, the chairman may permit a school to present a statement in support of or in opposition to the recommendation of the committee.

(c) The decision of the Commission is final and not subject to further review or appeal.

(8) Procedure When Hearing Is Conducted by the Commission.

(a) Upon completion of the testimony, the Commission shall adjourn to executive session to discuss the testimony received at the hearing, as well as any relevant documentation submitted by either party.

(b) After deliberation, but not later than 5 working days after the hearing, the Commission shall send a final written decision to the appealing party.

(c) The decision of the Commission is final and not subject to further review or appeal.