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OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
EDUCATION LICENSURE COMMISSION
NOTICE OF FINAL RULEMAKING
The Education Licensure Commission (Commission), pursuant to its authority set forth in sections 6 and 9 of the Education Licensure Commission Act of 1976 ) (Act), effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306 and 38-1309 (2011 Supp.)); Mayor’s Order 89-120, dated May 31, 1989; and the State Superintendent of Education pursuant to section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b) (2011 Supp.)), hereby give notice of the adoption of a final rule amending chapter 81,“Postsecondary Non-Degree Schools,” of subtitle A, “Office of the State Superintendent of Education,” of title 5 of the District of Columbia Municipal Regulations (DCMR). The Office of the State Superintendent of Education is responsible for overseeing the functions and activities of the Commission. In this regard, the Superintendent has reviewed the final rule, which was approved by the Commission at a public meeting on September 21, 2010.
The purpose of the rule is to establish a new licensing fees schedule for postsecondary non-degree schools located in the District of Columbia.
The Notice of Proposed Rulemaking was published in the D.C. Register on March 25, 2011, at 58 DCR 2709. No comments were received. The rule is being adopted in the same form as proposed. The State Superintendent of Education adopted the rules as final on January 17, 2012.
Additionally, the rule, with the “Postsecondary Non-Degree Schools Fees Schedule Regulation Approval Resolution of 2011” was submitted to the Council as PR 19-356 on July 13, 2011. The Council neither approved nor disapproved the rulemaking during the required forty-five (45)-day period of Council review. It was deemed approved by the Council, pursuant to section 6(b)(3) of the Act, on November 26, 2011. These rules shall become effective on the date of publication of this notice in the D.C. Register.
Chapter 81, POSTSECONDARY NON-DEGREE SCHOOLS, of subtitle A, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, of title 5 of the DCMR is amended as follows:
Section 8100, PURPOSE, is repealed and replaced with:
8100 GENERAL AUTHORITY; PURPOSE
8100.1 This chapter is promulgated pursuant to authority set forth in sections 6(b)(3) and 9 of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1306(b) through (e) and 38-1309 (2011 Supp.)).
8100.2 The purpose of this chapter is to set forth the criteria and fees for licensing:
(a) Postsecondary non-degree schools operating or incorporated in the District, which offer instruction that does not result in credit toward a college degree; and
(b) Agents soliciting students in the District on behalf of such schools.
Section 8128 is amended to read as follows:
8128 LICENSING FEES
8128.1 A postsecondary non-degree school and each agent licensed by the Commission under this chapter shall pay license fees to achieve the purposes of the Educational Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq. (2011 Supp.)).
8128.2 The following fees shall apply to a postsecondary school or agent:
(a) Two hundred dollars ($200) for a new applicant workshop;
(b) Three thousand dollars ($3,000) for each application for licensure (covering up to three (3) programs of study) and three hundred ($300) for each additional program of study;
(c) Two thousand five hundred dollars ($2,500) for an application for renewal of a license; and
(d) One thousand dollars ($1,000) per person for an application for an agent’s license.
8128.3 An additional fee of five hundred dollars ($500) shall be applied to an application received after the license expiration date.
8128.4 There shall be a fee of three thousand five hundred dollars ($3,500) for an application for reinstatement of a license which has become void by operation of expiration of its term and remained void for a period of six (6) months or more. Receipt of the reinstatement application fee by the Commission shall not constitute approval of the application.
8128.5 Fees for amendments to a current license shall be assessed as follows:
(a) Three hundred dollars ($300) for each new program of study or change of an existing program of study;
(b) Two hundred dollars ($200) for each new facility where educational instruction is to be offered;
(c) One hundred fifty dollars ($150) for a change of name of the school; and
(d) Five hundred dollars ($500) for a change of ownership of the school.
8128.6 Licensed postsecondary non-degree schools shall pay a fee based upon the number of students enrolled in the school, total tuition income, or both. The fee shall be as follows:
(a) One hundred fifty dollars ($150) for up to fifty (50) students enrolled or one hundred thousand dollars ($100,000) annual tuition received;
(b) Two hundred fifty dollars ($250) for fifty-one (51) to one hundred fifty (150) students enrolled or over one hundred thousand dollars ($100,000) to one million dollars ($1,000,000) annual tuition received; or
(c) Three hundred fifty dollars ($350) for one hundred fifty-one (151) or more students enrolled or over one million dollars ($1,000,000) annual tuition received.
8128.7 An application fee shall be paid at the time the application is submitted to the Commission.
8128.8 An application or other data submission requiring payment of a fee shall be deemed incomplete, and will not be logged as received, if the application or data submission does not include the fee(s).
8128.9 The fee for a site evaluation for a licensed institution shall be not less than eight hundred dollars ($800) and may in the discretion of the Commission be increased by a reasonable amount based upon the time and complexity of the evaluation.
8128.10 There shall be a fee of ten dollars ($10) for each student transcript and five dollars ($5) per page for other documents in the student record that are furnished by the Commission.
8128.11 There shall be a fee of thirty-five dollars ($35) for each duplicate original license.
8128.12 The fees established by this section shall be non-refundable.
8128.13 All fees shall be payable to the District of Columbia Treasurer by certified check, money order, cashier’s check, or electronic payment.
8128.14 The Commission, for good cause, may waive a fee or any portion of a fee upon receipt of a written request.
Section 8199 is amended to read as follows:
8199 DEFINITIONS
8199.1 When used in this chapter, terms and phrases shall have the meanings ascribed in section 201, D.C. Law 1-104, D.C. Official Code § 38-1302 (2011 Supp.) and as follows:
School - a non-degree, postsecondary educational institution, including an institution offering a program of post-doctoral studies that results in award of a certificate, whether or not offered by a degree-granting institution, unless such institution is granted a license or conditional exemption by the Commission under chapter 81 of this title.
