In addition to the definitions used in the Private
Occupational Education Act of 1981, the following will also apply in
interpreting the Act and Rules except where the context requires
otherwise.
A. "Acceptable full-time
equivalent employment/work experience" (for the purposes of instructor
qualifications) means full-time equivalent work experience reasonably related
to the occupational area to be taught or supervised.
B. "Accreditation" is a status granted to a
school by one or more of the accreditation organizations approved by the U.S.
Secretary of Education as having met a set of standards established by the
organization, or by a programmatic accrediting body recognized by the Council
for Higher Education Accreditation as having the ability to accredit
freestanding, single-purpose institutions of construction education.
Accreditation is voluntary and does not imply automatic transfer of credits
from one institution to another.
C.
"Admission requirement" means the specific minimum criteria a school must use
when accepting a student into the school.
D. "Agent's permit" means the written
authorization obtained pursuant to §
23-64-117, C.R.S, to engage in the
activities of an agent as defined in §
23-64-103(2)
C.R.S., hereinafter referred to as Agent.
E. "Ancillary/supplementary education" means
an optional stand-alone course to further the knowledge of a professional
holding an active license in good standing that is regulated by a Colorado
state professional licensing entity. Those seeking an exemption from the
provisions of Article
64, Title
23, C.R.S, for ancillary/supplementary
education pursuant to §
23-64-104(1)(c),
C.R.S., must apply for the exemption in a manner approved by the Board. The
education must be less than 40 hours and must be less than $1000. Additionally,
the education, curriculum, syllabi, and licensed professional instructing the
education must be approved by an industry recognized certification board, or
registered product manufacturer or supplier.
F. "Apprenticeships" are registered and
defined by the United States Department of Labor and Employment.
G. "Approval" means approval by the Colorado
Private Occupational School Board ("Board") unless otherwise provided by these
Rules and requires fulfillment of the standards stipulated by the Act and
Rules.
H. "Asynchronous" means a
learning activity involving academic engagement in which the student interacts
with technology that can objectively monitor and document that the student
meaningfully participates and benefits from the activity, and by appropriate
method, tracks student participation and performance.
I. "Avocational Education" means any
education to facilitate the personal development of individual persons which is
distinguishable from one's recognized occupation and is not conducted as part
of a program or course designed with the objective to prepare individuals for
gainful employment in a recognized occupation. Such avocational education
includes programs or courses that instruct participants where the instruction
is primarily for personal interest and is recreational such as any hobby,
craft, personal development, or non-occupational interest.
J. "Bona fide" means a trade, business,
professional or fraternal organization that: is widely recognized by the
industry; primarily benefits the organization's membership or mission; conducts
its activities in a manner that serves public or charitable purposes, rather
than commercial purposes; receives funding and revenue and charges fees in a
manner that does not incent it or its employees to act other than in the best
interest of is membership; compensates its employees in a manner that does not
incent its employers to act other than in the best interest of its membership;
and has existed and operated as a bona-fide organization for two years or more.
The Division has the discretion to determine whether the trade organization
meets the definition of bona fide and whether its level of oversight is
adequate. Those seeking an exemption from the provisions of Article
64, Title
23, C.R.S, for education pursuant to
§
23-64-104(1)(h),
C.R.S., must apply for the exemption in a manner approved by the
Board.
K. "Certified" is a term
used by schools to describe certain programs or courses. The Division does not
regulate the use of the term "certified" or certify or license
persons.
L. "Computer/online based
instruction" means instruction via electronic media.
M. "Continuing Education" means a continuing
professional educational program or courses as set forth in §
23-64-104(1)(o),
C.R.S.
N. "Course" means a unit of
learning which is an integral part of an occupational program of
learning.
O. "Contact/Clock hour"
means a period of time consisting of a 50- to 60-minute class, lecture, or
recitation in a 60-minute period or a 50- to 60-minute faculty-supervised
laboratory, shop training, or internship in a 60-minute period for in-person or
synchronous delivery.
If the training education, program, or course is asynchronous
or synchronous and requires a minimum number of contact/clock hours, the school
must demonstrate that the education comports with minimum requirements in
accordance with any applicable governing body.
P. "Designated agent" is the school's
representative, having a physical Colorado address (no P.O. Box addresses)
other than the school's address, and upon whom any legal process, notice, or
demand may be served. The designated agent shall be maintained continuously.
Q. "Distance Education" is a
formal education process in which the orderly delivery of instruction occurs
beyond a school's walls through virtually any media since the student and
instructor are in different locations. Distance education may employ a variety
of communication methods for delivering instruction to students.
Distance education could be offered either synchronous or
asynchronous. Whether a particular method of distance education is appropriate
for a particular type of education, is a case-by-case decision by DPOS.
R. "Enrollment" for the purposes
of reporting data to the Division means any student who has signed an
enrollment agreement with the school and remains enrolled after 10% of the
training has elapsed.
S.
"Externship/internship" is an educational component for which academic credit
is awarded, offered as part of an instructional course or program with job
experience included. To be considered an externship/internship the course shall
meet the requirements of the Board further defined in Rule III.B.6.
T. "Fees", except when used in the context of
fees assessed by the Board pursuant to §
23-64-122, C.R.S. ("Board fees"),
means a refundable charge assessed to enrolling students and which are intended
to cover non-instructional expenses. Fees may not be used to cover
instructional expenses or books and supplies. All fees as defined herein must
be itemized.
U. "General Education"
means that body of instruction which is not directly related to a student's
formal technical, vocational, or professional preparation, but is supportive as
a required part of a student's course of study, regardless of his or her area
of emphasis; and is intended to impart common knowledge, intellectual concepts,
and attitudes. For example, math is a general education course, but applied
math is not.
V. "In-state school"
is a school with physical presence within the state that provides occupational
educational services to students.
W. "Instructor" means any person employed by
a school, contracted by a school, or who otherwise provides either a
residential or distance education course/program for the purpose of delivering
instruction or training necessary to meet the stated objectives of the
course/program in which the person is qualified to teach; determines
educational objectives and activities of any course or program area, including,
but not limited to measures, assesses, records, reports or evaluates students'
attendance, achievement or completion of lessons, courses or training programs;
maintains essential student records and data for which s/he is responsible
according to state law or school policy; or exercises technical and functional
supervision over instructional staff aides or volunteers.
X. "Instructional Staff" means program
supervisors and instructors. Prospective instructional staff means program
supervisor or instructor applicants that a school intends to hire.
Y. "Major program or stand-alone course
revision" means changes since the last approval by the Board to the method of
delivery; to the occupational objective; and/or increases or decreases since
the last approval in the hours exceeding an accumulated 25% of the total hours
of the program or stand-alone course approved.
Z. "Minor program or stand-alone course
revision" means any revision not meeting the definition of a major program or
stand-alone course revision.
AA.
"Occupational in Nature" for the purposes of determining an exemption under
§
23-64-104(1)(c),
C.R.S., means a program or course that satisfies the definition of "educational
services" or "education" contained in §
23-64-103(13),
C.R.S., and the definition of "occupational education" contained in §
23-64-103(17),
C.R.S. Any program or course that does not meet this definition is not
occupational in nature.
BB.
"Out-of-state school" is a school located outside of the State of Colorado and
offers education from its location or through distance education, which
actively solicits, recruits, and enrolls Colorado residents as students.
Out-of-state schools may operate in Colorado if said schools comply with the
requirements of The Act, in particular in §§
23-64-117(2) and
23-64-121(6),
C.R.S.
CC. "Physical presence"
means a school that delivers educational services within Colorado, including
any combination of factors lending to the determination that the institution
maintains a physical presence within the state, including, but not limited to,
the presence of a physical facility or equipment, whether owned, leased,
rented, or provided without charge; the physical location of student records;
or the presence of a resident director or similar administrator.
DD. "Prepaid tuition and fees" (for surety
purposes) means the total of prepaid, unearned tuition and fees paid by
students but not yet earned by the institution, including debt incurred as a
result of financial aid disbursements to the student.
EE. "Prerequisite" means any education,
credential, license, coursework, specialized training, or expertise required as
a necessary precondition of admission into a program or stand-alone course.
Admission requirements such as high school diploma or GED are not considered
prerequisites.
FF. "Program" means
a group or series of organized courses, lessons, or units of instruction
pursued to attain an occupational objective.
GG. "Provisional Certificate of Approval"
means a conditional approval for a new school to operate. The initial
Certificate of Approval is effective for more than one year, but less than two
years and during the time of the provisional approval, the school shall
establish satisfactory operation and maintain the minimum standards of the
Act.
HH. "Separate classroom" means
a physical location where training occurs that is located a reasonable distance
from the main school.
II. "Standard
Certificate of Approval" means a certificate that acknowledges the compliance
of a school with the minimum standards of the Act and authorizes the continuing
operation of the school for a period of three years, provided that said school
remains in compliance with the Act.
JJ. "Stand-alone course" is a single course,
or one that can be offered independent of a program, which may take the form of
a seminar, workshop, continuing education course, or other similar educational
service. A stand-alone course may enhance or advance skills in an existing
occupation. Courses from within a program that are offered independently or
whereby students receive a Certificate of Completion and transcript must be
approved as stand-alone courses.
KK. "Synchronous" means the instructor(s) and
students utilize technology or in-person delivery whereby the instructor
monitors and directly interacts with students during scheduled class time,
taking attendance and engaging with all students.
LL. "Tuition" means the amount of money
charged to students for instruction.