CO Code § 23-64-112 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 64 - Private Occupational Schools|§ 23-64-112. Minimum Standards

  In establishing the criteria required by section 23-64-108 (1)(a), (1)(b), and (1)(j), the board shall observe and require compliance with at least the following minimum standards for all schools:   That the school can demonstrate that it has sufficient financial resources to:   Fulfill its commitments to students;    Make refunds of tuition and fees to the extent and in the manner set forth in this article 64; and    Meet the school's financial obligations;       That the school shall furnish and maintain surety bonds as required by this article 64;    That the educational services are such as will adequately achieve the stated objectives for which the educational services are offered;    That the school has adequate facilities, equipment, instructional materials, instructional staff, and other personnel to provide educational services necessary to meet the stated objectives for which the educational services are offered;    That the education and experience qualifications of administrators, instructional staff, and other personnel are such as will adequately ensure that the students will receive educational services consistent with the stated objectives for which the educational services are offered;    That the school provides each prospective student with a school catalog and other printed information describing the educational services offered and describing entrance requirements, program objectives, length of programs, schedule of tuitions, fees, all other charges and expenses necessary for the completion of the program of study, cancellation and refund policies, and such other material facts concerning the school and the program of instruction that are likely to affect the decision of a student to enroll therein as required by the board and that the information is provided to a prospective student prior to the commencement of classes and the execution of any enrollment agreement or contract;    That, upon satisfactory completion of training, the student is given appropriate educational credentials by the school; except that the school may require the payment of all tuition and fees due at the time of completion;    That adequate educational, financial, and other records are maintained by the school;    That the school adheres to procedures, standards, and policies set forth in the school catalog and other printed materials;    That the school is maintained and operated in compliance with all pertinent ordinances and laws, including rules adopted pursuant thereto, relative to the health and safety of all persons upon the premises;    That neither the school nor its agents have violated the prohibitions as set forth in section 23-64-113 or have engaged in deceptive trade or sales practices as set forth in section 23-64-123;    That the principal owners, officers, agents, administrators, and instructors are of good reputation and free from moral turpitude;    That the school provides the student with a copy of the executed enrollment agreement or contract, at the time of enrollment, that complies with this article 64;    That the school adheres to a policy for the cancellation, settlement, and refund of tuition and fees that complies with this article 64;    That an out-of-state school shall maintain records that include, but are not limited to, a list of the name and address of each student enrolled from within this state and that the records shall be made available to the board upon request;    That the school shall submit to the board the name and Colorado address of a designated agent upon whom any process, notice, or demand may be served and that the agent shall be maintained continuously. Nothing contained in this section shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a foreign corporation in any other manner now or hereafter permitted by law.    That the school or agent shall have paid any restitution required by section 23-64-124 and any civil penalties assessed pursuant to section 23-64-127;    That an agent shall represent only a school that meets the minimum standards set forth in this section and the criteria established pursuant to section 23-64-108;    That the school shall not deny enrollment of a student or make any distinction or classification of students on account of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, or marital status; and    That a school offering an associate degree is accredited by an institutional or programmatic accrediting body that is officially recognized by the United States department of education or the Council for Higher Education Accreditation.        History. Source: L. 2017: Entire article added with relocations,(HB 17-1239), ch. 261, p. 1186, § 1, effective August 9. L. 2021: (1)(s) amended,(HB 21-1108), ch. 156, p. 894, § 30, effective September 7; (1)(s) amended and (1)(t) added,(HB 21-1306), ch. 310, p. 1897, § 4, effective September 7.    Editor's note:    This section is similar to former § 12-59-106 as it existed prior to 2017.    Amendments to subsection (1)(s) by HB 21-1108 and HB 21-1306 were harmonized.     Cross references:   For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.   ANNOTATION   There is no claim for relief based upon educational malpractice. Tolman v. Cencore Career Colls., Inc., 851 P.2d 203 (Colo. App. 1992) (decided under former law).