791925 Office of the State Superintendent of Education, Education Licensure Commission, Proposed Fees for NonDegree Schools

OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

 

EDUCATION LICENSURE COMMISSION

 

NOTICE OF PROPOSED 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, effective April 6, 1977 (D.C. Law 1-104: D.C. Official Code §§ 38-1306  and 38-1309) (2010 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) (2010 Supp.), hereby gives notice of its intent to amend 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), in not less than thirty (30) days after the date of the publication of this notice in the D.C. Register, and the completion of the forty-five (45) day Council review period for these rules, whichever is later.

 

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 this proposal, which was approved by the Commission at a public meeting on September 21, 2010.  

 

The purpose of the proposed rules is to establish a new licensing fee schedule for postsecondary non-degree schools located in the District of Columbia. This rulemaking proposal will be submitted to the Council of the District of Columbia for a forty-five (45) day review period. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the forty-five (45)-day review period, the proposed rules will be deemed approved by the Council.

 

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Section 8100, PURPOSE, is repealed and replaced with: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) (2010 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.) (2010 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

 

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  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.

 

Individuals and organizations interested in submitting comments on this proposed rulemaking may do so by any one of the following methods:

Electronic Submissions: [e-mail].

Written Submissions:  Office of the State Superintendent of Education, 810 First Street, NE, 9th Floor, Washington, D.C. 20002,   Attention: Michael McMiller, Esq.; Re: Proposed Rulemaking, Title 5, Subtitle A, Chapter 81, Non-Degree Granting Institutions.

All comments must be received by OSSE no later than thirty (30) days after the date of publication of this notice in the D.C. Register.