Private Career Schools
Frequently Asked
Questions
Table of Contents
Notices and disclaimers ................................................................................................................................ 4
Information for new and existing business owners ...................................................................................... 5
Where can I find information about starting or running a business?....................................................... 5
Who can help me grow and develop my business?.................................................................................. 5
License application process .......................................................................................................................... 7
When will you start reviewing my career school license application? ..................................................... 7
How long will it take to process my career school license application? ................................................... 7
What can I do to reduce the amount of time you’ll need to process my career school license
application?............................................................................................................................................... 8
Do I get a career school license if I submit a license application? .......................................................... 10
Difference between a career school and a pre-license school ................................................................... 11
If I open a tax, insurance, or real estate school, do I need to put my curriculum into the department’s
instructional design format? ................................................................................................................... 11
What types of pre-license schools are there in Oregon? ....................................................................... 11
What is the difference between a career school and a pre-license school? .......................................... 12
Completing the license application............................................................................................................. 13
How do I complete the Program Outcome Summary form that is part of the Program Information
Section of my license application? .......................................................................................................... 13
How do I fill out the Market Analysis Research Worksheet?.................................................................. 15
How do I find wage and employment data for tattoo artists? ............................................................... 16
What is a sufficient amount of capital for a license applicant to have on hand?................................... 17
What if I don’t have a sufficient amount of capital available? ............................................................... 17
What do I need to include on my floor plan? ......................................................................................... 17
What do I need to include in my school’s closure plan? ........................................................................ 18
Do all career schools need a program advisory committee? ................................................................. 19
Who can be on my program advisory committee? ................................................................................ 19
I have a criminal record, does that mean I can’t open or work for a career school? ............................. 20
Can I send you the results of a criminal background check I had performed by the Oregon State Police
(OSP)?...................................................................................................................................................... 21
How do I arrange for a check of my criminal record?............................................................................. 21
Designing a curriculum for my career school ............................................................................................. 23
Has the Department adopted a standard curriculum model for career schools? .................................. 23
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Where can I find information about using the Worldwide Instructional Design System (WIDS) model to
design my curriculum? ............................................................................................................................ 23
What are the elements of a curriculum in the WIDS model? ................................................................. 23
What are ‘core abilities?’ .................................................................................................................... 24
What are ‘standards?’ ......................................................................................................................... 24
What is a ‘competency?’ ..................................................................................................................... 25
Information for Cosmetology Schools and Instructors ............................................................................... 27
What do I have to do to work as a cosmetology teacher? ..................................................................... 27
Is there a continuing education requirement for cosmetology teachers? ............................................. 27
What is the maximum amount of time allowed for completing a cosmetology program offered by a
competency-based school? .................................................................................................................... 27
Is there a separate cancellation and refund policy for competency-based cosmetology schools? ....... 28
Financial aid, discounts, refunds, and other money matters ..................................................................... 30
How do I calculate refunds for my students when they withdraw or are terminated if they received a
scholarship? ............................................................................................................................................ 30
Can I offer an in-house scholarship program to my students?............................................................... 31
How do I calculate refunds for my students if they received an in-house scholarship? ........................ 32
How do scholarships and grants differ from discounts and incentives? ................................................ 33
As a student, what’s the difference between a discount and an incentive? .......................................... 34
Can I waive book, lab, or other fees owed by one of my students? ....................................................... 35
As a student, is the school I’m thinking of attending participating in federal financial aid? .................. 36
As a student, where can I get information about paying for school?..................................................... 36
The student admissions process ................................................................................................................. 38
Is there a difference between an admissions requirement and a prerequisite? ................................... 38
Do I need to collect my students’ Social Security numbers? .................................................................. 39
Do I have to admit someone who was homeschooled? ......................................................................... 40
Can I refuse to admit an applicant for admission because he or she has a disability? .......................... 41
Can I refuse to admit an applicant if I think his or her disability will make it difficult or impossible for
the applicant to find a job in the field I’m training students to enter? .................................................. 42
Providing services to individuals with disabilities ....................................................................................... 43
What do you mean by “individual with a disability?”............................................................................. 43
Who would be a person with “a record of a physical or mental impairment?” ................................. 44
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When is a person regarded as having a physical or mental impairment that substantially limits a
major life activity?............................................................................................................................... 44
What do I do if an applicant or a student tells me that he or she has a disability? ............................... 45
As a student, how can I request a reasonable modification from my school? ....................................... 46
Do I have to admit an individual with a disability, even if he or she isn’t qualified? ............................. 47
What’s the difference between a “reasonable modification” and a “reasonable accommodation?” ... 48
What’s a “reasonable modification?” ..................................................................................................... 49
What’s an “undue financial or administrative burden?” .................................................................... 49
How do I determine whether a modification would create a direct threat to the health and safety of
an individual with a disability or others? ............................................................................................ 50
When does a modification fundamentally alter an instructional program? ...................................... 51
Do I have to accommodate a person who uses a service animal? ......................................................... 51
What is a service animal?.................................................................................................................... 52
Can I ask an individual with a disability if they really need a service animal? .................................... 53
What do I do if a student has a guide dog and another student is allergic or afraid of dogs? ........... 53
Student enrollment process ....................................................................................................................... 54
Do all of the terms of an enrollment agreement need to be in writing? ............................................... 54
What’s the difference between an ‘enrollment fee’ and a ‘registration fee?’ ....................................... 54
What’s an enrollment fee? ..................................................................................................................... 54
Can I charge my students an advance deposit before classes start? ..................................................... 55
Can I require that my students pay their tuition in advance? ................................................................ 55
As a student, can I pay my tuition and fees in full before the first day of class? ................................... 56
As a student, will I have an Individual Education Plan (IEP) or a Section 504 plan when I enroll in a
career school? In grade school or high school, I received services under either an IEP or a Section 504
plan. ........................................................................................................................................................ 56
Career school policies and procedures ....................................................................................................... 58
How often do I need to report on my students’ progress? .................................................................... 58
Can I count the time my students spend taking exams or doing homework as instructional hours? ... 58
Can I expel students for using marijuana even if they have a medical marijuana card? ....................... 58
What needs to be included in my school’s non-discrimination policy? ................................................. 59
A high school student walked into my school and asked for a catalog. Do I need to be fingerprinted
before I can hand that student a catalog? .............................................................................................. 60
Can I charge students for their scheduled hours if they are suspended? .............................................. 60
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Do I have to adopt a disaster preparedness policy? ............................................................................... 60
Where can I go for assistance in developing a disaster preparedness policy?....................................... 60
Making a complaint about a school ............................................................................................................ 62
As a student, what do I do if I have a complaint about a school? .......................................................... 62
How do I file a complaint against a school?............................................................................................ 62
How do I file a complaint under the Americans with Disabilities Act or Oregon’s disability law, ORS
659.400 et seq.? ...................................................................................................................................... 62
Notices and disclaimers
This document was designed to provide technical assistance to career school owners,
personnel, and students. It contains a general summary of applicable laws and policies,
as well as educational and informative entries. Although the material contained in this
document was reviewed carefully prior to publication, it does not, and cannot, address
every situation that can arise in the career school context. When dealing with specific
matters involving a career school, readers should conduct their own research and
analysis, and obtain the assistance of appropriate professionals.
The Oregon Department of Education does not provide legal advice or counsel. To
obtain legal advice or counsel, to determine the legality of a matter, or to protect or
enforce their legal rights, readers will need to obtain the services of private legal
counsel.
It is the policy of the State Board of Education, and a priority of the Oregon Department
of Education, that there will be no discrimination or harassment on the grounds of race,
color, sex, marital status, religion, national origin, age, or disability in any educational
programs, activities, or employment. Persons having questions about equal opportunity
and nondiscrimination should contact the Deputy Superintendent of Public Instruction at
the Oregon Department of Education, 255 Capitol St. NE, Salem, Oregon 97310;
phone: (503) 947-5740; fax: (503) 378-5156; or TDD: (503) 378-2892.
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Information for new and existing business owners
Where can I find information about starting or running a business?
You can find information about starting and running a business at Oregon Business
Xpress, an online portal operated by the Corporation Division in the Secretary of State’s
Office. It brings together valuable information for business owners from a variety of state
agencies, including:
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Employment law compliance from the Oregon Bureau of Labor and Industries;
Hiring and payroll reporting from the Oregon Employment Department; and
Tax compliance and enforcement from the Oregon Department of Revenue.
Oregon Business Xpress also links you to Business Oregon, a state agency that
provides tools and assistance to help create, retain, expand, and attract businesses that
provide sustainable, living-wage jobs for Oregonians.
Other resources for you include two publications from the Corporation Division: How to
Start a Business in Oregon and The Oregon Business Guide: Employer’s Guide
for Doing Business in Oregon. Both are available as free PDF downloads from the
Corporation Division’s website.
How to Start a Business in Oregon walks you through the process of organizing and
starting a business in Oregon, while the Employer’s Guide for Doing Business in
Oregon provides a guided checklist through requirements applicable to Oregon
employers.
Don’t forget to talk to an attorney! You can find an attorney through the Oregon State
Bar’s Lawyer Referral Service, or your local bar association, to help you organize and
set up your business for success.
Who can help me grow and develop my business?
There are many federal, state, and local resources available for new and existing
business owners looking for assistance growing and developing their businesses.
Those resources include:

U.S. Small Business Administration (SBA). The SBA operates or oversees a
variety of programs designed to help develop small businesses. They also
maintain a list of local business development resources available to Oregonians.
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Small Business Development Centers (SBDC). Often located on the campus
of a community college, a SBDC can provide free and low cost business
advisors, classes and workshops, support programs, a resource center, business
incubator, and mentoring from successful business owners. To find your local
SBDC, you can visit either the Association of Small Business Development
Centers or the Office of Small Business Development Centers at the U.S. Small
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Business Administration. There is also an Oregon SBDC website that is filled
with information, training, and tools.
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Women’s Business Centers. The Women’s Business Center Program is a
national network of centers that provide business training, counseling, and other
resources to help women start and develop their businesses. The program is
overseen by the Office of Women’s Business Ownership in the Small Business
Administration. Oregon has one Women’s Business Center and it is hosted by
Mercy Corps Northwest. Visit their website to learn about the services and
resources they provide.
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Minority Business Development Centers (MBDC). The MBDCs are overseen
by the Minority Business Development Agency, part of the U.S. Department of
Commerce. MBDCs provide technical and management assistance, as well as
access to business specialists, that can help minority-owned businesses grow. A
directory of MBDCs is available online.
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Office of Veterans Business Development. The Office of Veterans Business
Development is a part of the SBA and provides business training, counseling,
and assistance for businesses owned by veterans. Visit their website for links to
small business programs operated by the Army, Navy, and Air Force. The SBA
also has loan programs for active duty military personnel and veterans, visit their
SBAExpress and Patriot Express loan program webpage for more information.

Center for Veterans Enterprise. The Center for Veterans Enterprise was
created by the U.S. Department of Veterans Affairs for the purpose of assisting
veterans who start and build their own businesses.
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Service Corps of Retired Executives Association (SCORE). SCORE can
provide business mentors, free business counseling, access to tools and
templates, and free or low cost workshops on a variety of topics from budgeting
to business planning and customer service to human resources. Visit SCORE’s
website to find your local chapter.

Business Oregon. This is Oregon’s business development agency. Visit their
website to learn about the business development resources the State of Oregon
provides. They provide information on starting a business, growing an existing
business, business consulting, and financing resources, among other resources.

Business Law Clinic, Willamette University College of Law. The College of
Law operates a business law clinic staffed by second and third year law students,
supervised by licensed attorneys, who provide assistance with certain tasks.
They can help clients select and form a business entity, as well as organize as a
non-profit. The clinic only operates during the school year (mid-August to
November and mid-February to April) and primarily serves individuals in the
mid-valley area.
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License application process
When will you start reviewing my career school license application?
Generally, staff begins reviewing applications for new licenses within 7 to 14 days after
receiving them. Because applications are typically reviewed in the order in which they
are received, your application probably won’t be reviewed immediately after it arrives.
Exceptions may be made when an expedited review is necessary – such as when a
school is being sold to a new owner or so the school or its students can meet a
licensing deadline.
Our staff may not be available to review a new application immediately after it is
received because at any time they may be reviewing applications for new licenses
submitted by other applicants, reviewing license renewal applications submitted by
existing schools, working with applicants and their agents to make necessary revisions
to their applications or to approve new instructional programs, conducting site visits or
inspections of career schools located throughout Oregon, and responding to letters and
calls from licensees and their students, among other duties and responsibilities.
How long will it take to process my career school license application?
Staff cannot tell you exactly how much time it will take to process your career school
license application. The amount of time necessary to process an application depends
on a variety of factors, such as the type of school requesting a license, the condition of
the application, and the number of other applications being processed. Staff availability
must also to be considered.
Broadly speaking, there are two types of career schools: those that teach a curriculum
that is regulated, approved, or certified by another state agency (schools of this first
type are commonly known as pre-license schools), and those that don’t. Schools that
don’t teach a curriculum that’s regulated by another state agency should anticipate that
the application process (from submission to approval) could take six to twelve months.
Because the licensing requirements for schools that teach a curriculum regulated,
approved, or certified by another state agency are somewhat different, those applicants
should anticipate that the application process (from submission to approval) could take
up to five months. See “What types of pre-license schools are there in Oregon?” and
“What is the difference between a career school and a pre-license school?” for more
information about pre-license schools and how they differ from other career schools.
Please note that these are just estimates and our staff may require more or less time,
depending on the factors discussed above and throughout this FAQ.
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What can I do to reduce the amount of time you’ll need to process my career
school license application?
Staff is dedicated to processing your application quickly and thoroughly. You can help
reduce the amount of time needed to review your application by following these simple
steps:
1. Read and follow the instructions. The majority of application problems
encountered are the result of applicants either not reading the instructions in the
license application or not following those instructions. Please read the
instructions included at each step of the application. After reading those
instructions, please be sure to follow them.
If you have questions about the instructions, feel free to contact licensing unit
staff. They will try to help you understand the instructions and explain what you
need to do. Please do not assume that you don’t need to complete a certain
section of the application, or that you don’t need to follow certain instructions.
2. Don’t submit an incomplete application. If your application is incomplete, staff will
ask that you provide the missing information or documents. Depending on the
type of document that is missing, such as a professional license or proof of
liability insurance, staff may be unable to continue processing your application,
move on to the next step of your application, or issue a license until the missing
document is provided.
3. Make sure the information in your application is accurate. It is important that you
enter accurate information on your application, and make updates as necessary.
Failure to provide accurate information can cause delays in processing your
application and might even lead to your application being rejected. For example,
an applicant who intended to open a school in Portland informed us that Portland
doesn’t have a business licensing program, and so the applicant didn’t need a
city business license. This, however, was incorrect because Portland and
Multnomah County operate a joint a Business License Tax Program. In that
case, our staff asked the applicant to revise that portion of the application, as
well as obtain, and then submit copies of, the applicant’s licenses from Portland
and Multnomah County.
Keep track of the information submitted at each step of the application process. If
information entered in Step 3 changes while you’re working on Step 6, let us
know and submit the revised information.
4. Review the instructional design training materials on the PCS website. These
materials will help you write your curriculum. Take the time to research
competency-based curricula development. Our education specialists are also
available to answer your questions and provide limited assistance. Should you
require more help, we recommend that you speak with other schools,
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experienced professionals in your field, and obtain the services of a curriculum
design professional.
5. Convene a program advisory committee composed of experienced business
owners and practitioners in the field you intend to prepare students to enter.
Your program advisory committee will help you develop your curriculum. Talk
with the members about the career which your students will enter. Ask them to
identify the standards your students will have to meet, as well as the
competencies and soft skills they’ll need to master if they’re to succeed. Discuss
the lessons and activities you’ll use to teach those competencies and skills to
your students.
6. Hire an attorney, a certified public accountant, and a curriculum design
professional. An attorney can help you set up your business, develop contracts
and policies for your employees and students, and comply with those state and
federal laws that apply to your business. A CPA can help you write your financial
projections, estimate your income and expenses, and advise you on financing
your business. A curriculum design professional can help you develop and write
your curriculum and related documents. The assistance these professionals
provide will save you money, time, and effort in the long run, and ensure your
school operates as efficiently as possible.
7. Use consistent numbers and terms throughout your application. Using
inconsistent numbers and terms creates confusion for us and your students. For
example, if you use multiple titles to refer to a single program, or if the tuition and
program fees listed in your sample enrollment agreement don’t match those
charges listed in your sample school catalog, staff will ask you to choose and
use one title to refer to that program or identify the correct charges and revise
each document in your application accordingly, respectively.
On a related note, please do not use acronyms and other industry-specific jargon
that would be unfamiliar to anyone outside your industry so as to avoid confusing
our staff and any potential new applicants.
8. Only seek approval for those programs you intend to offer when your school
opens for business. As part of your new school license application, you’ll have to
provide information about the instructional programs you intend to offer. We
review and approve each program you intend to offer, and then we list those
approved programs on your private career school license. Sometimes, license
applicants submit many programs with their initial license application, even
though they only intend to offer one or two during their first year of operation.
Because they don’t indicate which programs they intend to offer immediately
upon licensure and those they intend to offer two years after licensure, staff goes
through the process of reviewing and approving each program submitted. This
can dramatically increase the amount of time it takes staff to complete their
review of your license application and for you to receive your license. For that
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reason, only submit information about those instructional programs you intend to
offer in your first year of operation. It’s better, and more efficient, to wait on
seeking approval for those programs that will be offered in the next year or two
until after you have your license.
9. If you have questions about any part of the application, ask them before you
submit it.
Submitting a complete license application, containing accurate information, is the best
way to ensure you receive your license in the least amount of time possible. It’ll also
assist other license applicants in getting their licenses within a reasonable amount of
time because the less time spent working on a poorly written application, the more time
they’ll have to review and process all the applications in the queue.
Do I get a career school license if I submit a license application?
Not necessarily. Simply submitting a career school license application doesn’t mean
you’ll get a license; your application must satisfy the applicable approval criteria, which
are identified in the license application packet, the applicable statutes and
administrative rules, and other publications, including the licensing unit’s website and
this FAQ.
You wouldn’t want the Oregon DMV, Oregon State Bar, or Oregon Medical Board
issuing licenses to drive, practice law, or practice medicine, respectively, to anyone who
managed to submit an application, especially if the application wasn’t complete and the
applicant didn’t satisfy the applicable licensing criteria. If those agencies did, that would
present an incredible danger to other drivers, to people who need legal help, and those
seeking medical care, not to mention how it would upend the markets to have
unqualified, unlicensed, and possibly incompetent persons selling their services in
competition with qualified, licensed, and competent professionals.
The same reasoning applies to career school licenses and career schools. Oregon has
some of the best career schools in the country, and maintaining licensing standards
helps ensure that they remain among the best.
Licensing unit staff are not required or obligated to issue a license to an applicant who
won’t submit a satisfactory application or can’t satisfy the applicable licensing criteria.
Staff will work with applicants to revise their applications and advise them on ways in
which they can come into compliance with those criteria, or recommend that the
applicant obtain the assistance of a professional (such as a CPA or curriculum design
specialist), but the responsibility for submitting a completed and adequate application
and satisfying the applicable licensing criteria ultimately rests with the applicant. And if
an applicant can’t satisfy those criteria, or isn’t able to submit a satisfactory application
after receiving assistance from either licensing unit staff or a professional, staff may
deny that application.
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Difference between a career school and a pre-license school
If I open a tax, insurance, or real estate school, do I need to put my curriculum
into the department’s instructional design format?
No, you don’t. This is because the curricula taught by tax, insurance, and real estate
schools have been approved by, respectively, the Oregon Board of Tax Practitioners,
the Oregon Insurance Division, and the Oregon Real Estate Agency. Each of these
three agencies has established minimum requirements for curriculum content and
instructional hours. Each is also responsible for approving the curricula taught by the
schools it oversees.
Career schools that prepare students for jobs as tax preparers, insurance agents, and
real estate brokers are also known as pre-license schools. There are other types of
pre-license schools and they are identified in the “What types of pre-license schools are
there in Oregon?” section of this FAQ. Pre-license schools do not have to complete the
following sections from Step Two of our license application:
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Advisory Committee Membership Roster;
Listing of Associated Core Abilities;
Standards and Competencies Map;
Learning Plans;
Assessment Plans; and
Advisory Committee Member Evaluations.
Because they are subject to a greater level of oversight, pre-license schools do not
need to put their curricula into the department’s instructional design format. A more
detailed discussion of the differences between a pre-license school and a general
career school is provided in the “What is the difference between a career school and a
pre-license school?” section of this FAQ.
Please note that a few career schools are not required to have an advisory committee.
For more information, see the Advisory Committee Membership Roster and the “Do all
career schools need a program advisory committee?” section of this FAQ.
What types of pre-license schools are there in Oregon?
There are many types of pre-license schools in Oregon. We don’t have a complete list
of all of them, and some might be added or removed over time, but our current list of
recognized pre-license schools includes:
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Tax preparer schools;
Insurance agent schools;
Real estate agent schools;
Radiologic technology schools;
Mortgage lending schools; and
Some nursing assistant and medication assistant schools.
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Because they are subject to a greater level of oversight, pre-license schools do not
need to put their curricula into the department’s instructional design format. A
discussion of the differences between a pre-license school and a general career school
is provided in the “What is the difference between a career school and a pre-license
school?” section of this FAQ.
What is the difference between a career school and a pre-license school?
Career schools are private, proprietary schools that offer instruction or training that is
primarily designed to prepare students to enter a trade or career. Their instructional
programs and curricula are not regulated or approved by any Oregon state agencies,
although their students might need to satisfy certain educational requirements before
being allowed to take a licensing or certification exam necessary to enter a career.
Because their curricula aren’t subject to a high level of oversight from other state
agencies, career schools must put their curricula into the department’s instructional
design format.
A pre-license school is a specific type of career school that combines the technical
instruction of a traditional career school with licensing exam preparation. They also offer
instructional programs and curricula that are regulated and approved by one or more
Oregon state agencies. Because they are subject to a greater level of oversight than
other types of career schools, pre-license schools do not need to put their curricula into
the department’s instructional design format. For more about the types of pre-licenses
schools in Oregon see the “What types of pre-license schools are there in Oregon?”
section of this FAQ.
(Some career schools do offer instructional programs designed by private businesses or
third-party certification bodies for the purpose of preparing students to enter a particular
career or take an exam offered by that business or certification body, but those entities
are not Oregon state agencies with the legal authority to issue a license or prescribe
hours of instruction and curriculum content, so those schools cannot be considered
pre-license schools.)
It’s important to keep in mind that not all career schools that prepare students for jobs
that require a government-issued license are pre-license schools. The agencies that
issue those licenses or certificates may establish the minimum educational
requirements applicants must satisfy, but they do not regulate curriculum content or the
number of hours of instruction offered. For example, the Oregon Board of Dentistry has
requirements that must be met before dental assistants can obtain a certification
necessary to perform certain tasks. But the Board doesn’t require that dental assistant
schools teach specific content or regulate their curricula. Also, dental assistant schools
are primarily focused on training students to be dental assistants, rather than passing
any certification exams. While preparing students to take a dental assistant certification
exam might be part of a school’s program, it is not a primary element, as it would be in a
pre-license school.
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Completing the license application
How do I complete the Program Outcome Summary form that is part of the
Program Information Section of my license application?
1. Enter your school’s name and the name of an instructional program at the top of the
form. You’ll need to complete one form for each program you intend to offer.
2. Identify the job title for graduates of your program. This could be “phlebotomist” or
“tattoo artist” or “commercial motor vehicle driver.” Please do not use job titles that
are unique to your shop or franchise, as they can confuse our staff and your
students. For example, people might not know exactly what a “Master Hair Artiste”
does, but people do have an understanding of what a “hair stylist” does.
3. Identify the occupation level for which your graduates will be prepared. Are you
preparing students for an entry-level position, or one that requires more experience,
like a mid-level position?
4. Address whether graduates of your program will have to take a state licensing exam
before they can enter the profession for which they have trained. Please note that a
certification exam offered by a third-party state licensing exam is not the same thing
as a state licensing exam such as the Oregon Health Licensing Agency’s (OHLA)
barbering exam or the Oregon Board of Massage Therapists’s (OBMT) massage
therapist exam. Private entities, like the National Healthcareer Association, offer
certification examinations that may not be regulated by any state agency, even
though some state agencies, like the Oregon Board of Dentistry, may accept a
private entity’s certification exam and require that certain workers obtain certification
before performing certain tasks.
5. Identify the type of program you are offering. Is it a resident program? Resident
programs are offered in a classroom setting and taught by an instructor. Is it a
distance learning program, in which instruction is provided by an instructor over the
Internet or through written correspondence or some other medium, like DVD’s? Is it
a distance learning / self-directed program, in which students teach themselves by
listening to audio recordings or watching recorded presentations and completing
assignments? Is it a combination of one or more of these descriptions?
6. Is it a clock-hour, credit-hour, or lesson-based program? Choose how you will
measure your program. For programs measured in clock-hours or lessons, complete
the appropriate box and only that box. For credit-hour programs, you will need to
complete the appropriate box as well as convert your program into clock-hours and
complete the clock-hour program box.
7. Describe the characteristics of the students you expect to enroll. Do you expect
them to be fresh out of high school or individuals who are returning to the classroom
after having spent several years in the work force? Do you expect them to be mature
or immature? Do you expect them to have good study habits or poor study habits?
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Do you expect that they will have a good educational background or will they need
remedial training? Do you expect that they will have tendency to be calm or overly
dramatic? Knowing the characteristics of your potential students helps you design
your instructional program and informs you as to some of the services you should
offer your students.
8. Identify your entrance requirements. Must students be 18 years of age or older to be
admitted? Must they have a high school diploma or GED? Must they have certain
identified prerequisite skills, knowledge, or training? Must they pass a criminal
background check or a drug test?
If you are preparing students for a career that requires a license or certification, look
at the requirements for getting that license or certification. We strongly recommend
that you incorporate any applicable licensing or certification requirements into your
entrance requirements. For example, in order to obtain a real estate broker license,
an applicant must have a high school diploma, GED, or an international equivalent. If
you accept students who don’t have a high school diploma, GED, or an international
equivalent into your broker class, those students won’t be eligible to take the broker
licensing exam after they graduate. They will have invested a significant amount of
time and money to prepare for a career they can’t enter.
9. Describe the career guidance and job placement assistance you’ll provide your
students. The amount of guidance and assistance you provide may depend on the
size of your school. Larger schools may be able to afford a career services office,
staffed with personnel who assist students in writing their resumes and arrange for
on campus interviews. Smaller schools might offer a class on how to write a resume
and effective interviewing skills, as well as host an online job board.
10. Describe your plan for evaluating the effectiveness of your program, identify the
outcomes you expect to see, and describe how you’ll measure those outcomes. Will
you judge your program as being effective if a certain percentage of your students
graduate on time? Will you judge it as being effective if a certain percentage of your
graduates pass their licensing or certification exam? What outcomes do you expect
to see? Do you expect that your students will achieve a certain level of performance,
or that they’ll complete their respective programs within a certain amount of time?
11. Does your program involve either an internship or an externship component? Keep
in mind that, if your program will involve an internship or an externship, you’ll have to
work with the sites where the internship or an externship will occur to make sure that
there’re a sufficient number of spots for your students. Note that if you’re offering an
instructional program that includes either an internship or an externship component,
you can’t treat that internship or an externship as being its own separate program.
For example, if you offer a phlebotomy program that includes an externship, that
externship is part of the phlebotomy program and is not its own instructional
program.
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12. Identify the maximum number of students you’ll enroll in your program. If you
operate a program that enrolls students four times a year, what is the maximum
number of students that you’ll enroll in each enrollment period?
13. Identify the minimum and maximum amount of time allowed for your students to
complete their programs. If you’re offering an 80 hour income tax preparer program,
then the minimum amount of time to complete the course would be 80 hours, but the
maximum amount of time might be 120. Alternatively, you could offer a program that
most students will finish in 200 hours, but that some really dedicated students might
finish in 175, while others might need 220.
14. Identify the type of award your students will receive upon successfully completing
their instructional programs. Will you award a diploma or a certificate?
15. Identity whether you have an articulation agreement with any institutions of higher
learning. Articulation agreements are agreements that govern the transfer of courses
and credits between educational institutions. For example, a career school might
have an articulation agreement with a college or university under which graduates of
the career school’s nursing assistant program could transfer their credits and
courses towards a bachelor’s degree in nursing from the college or university.
16. Identify how often students can enroll in the instructional programs offered by your
school. Will your school have a dedicated period of time between the end of one
program and the start of another in which new students can enroll? Or will you enroll
students on a daily basis for short term programs?
17. Identify the charges that students in your programs will have to pay. Keep in mind
that the application fee cannot exceed $50.00 and the enrollment fee is limited to
being either 15% of the cost of tuition or $150.00, whichever is less. Do not include
the costs of books, lab equipment, or other items as part of the tuition costs.
Regardless of how important or vital a particular book or piece of equipment is to a
student’s education, its cost can’t be included in the student’s tuition.
How do I fill out the Market Analysis Research Worksheet?
First, enter your school’s name and the name of an instructional program at the top of
the form. You’ll need to complete one form for each program you intend to offer.
Second, identify the geographic boundaries of the potential job market your students will
enter. Will you be preparing students to work anywhere in Oregon (i.e., statewide), or
will you focus on training students for jobs within a certain city, county, or region (e.g.,
Canyon City, Tillamook County, or the Rogue Valley)?
Third, fill out the occupation and wage chart. What are the titles of the occupations your
program will prepare students to enter? Is it hair dresser or phlebotomist? Use common
titles used in your industry, rather than titles that are unique to your school or company,
as that will make it easier for our staff to review your wage and job availability data.
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Are the occupations you are preparing students for “family wage jobs?” In other words,
will those jobs provide the salary needed to support a family of four at a level that is at
or above the federal poverty guideline? The federal poverty guideline for a family of four
in 2011 was $22,350.00. In 2012, it’s $23,050.00. You can find the most recent federal
poverty guidelines online through the U.S. Department of Health and Human Services.
To calculate the average annual wage your students will earn upon completing their
program, and then their anticipated annual wage after three years of working, check out
the Oregon Labor Market Information System’s (OLMIS) Occupational Information
Center and the U.S. Department of Labor’s Bureau of Labor Statistics (BLS). Both can
provide information about wages and job availability for almost any career you can think
of. But don’t just rely on the average wage data they provide because their data include
all workers in a particular occupation, new and experienced, and so is not exactly what
you need if you’re estimating what a first year worker might earn. You should also speak
with employers in the geographic area you’ve identified as your student’s potential job
market and the members of your advisory committee, and look at what you pay your
new hires. Put all of this information together to make a realistic estimate.
(Here’s an example of why you shouldn’t simply rely on wage data from OLMIS and
BLS. A license applicant who wanted to open a tattoo school in the Rogue Valley told us
that a first year tattoo artist in southern Oregon could expect to earn more than
$60,000.00 in his or her first year after graduation and licensure. Their estimate was
based solely on the national mean wage for all tattoo artists calculated by the BLS.
They subsequently admitted that a first year tattoo artist in southern Oregon could
probably expect to earn much less, maybe $25,000.00 to $30,000.00, after they looked
at the OLMIS data for their region and at what new hires in their area were earning.
Their claim that a graduate from their program could earn $60,000.00 or more in his or
her first year of work was, intentionally or not, a significant misrepresentation.)
Finally, explain where you got your information about wages. Include URLs, the names
and contact information of the people you spoke to, and any other resources you used
to find your average and anticipated wage information.
How do I find wage and employment data for tattoo artists?
Have you checked the Occupational Information Center, Oregon Labor Market
Information System (OLMIS), and Bureau of Labor Statistics (BLS), U.S. Department of
Labor? Both provide wage and employment data for tattoo artists. OLMIS includes
tattoo artists in the “Personal Care and Service Workers, All Other (39-9099)” category,
while BLS includes tattoo artists in the “Artists and Related Workers, All Other
(27-1019)” category.
Don’t rely solely on the data you find through OLMIS and BLS; you should also talk to
the tattoo artists and shop owners in the area you intend to serve. Ask them about their
employment needs and whether they are looking to hire new artists. Also ask them what
they are paying new artists and artists who’ve been working for three years.
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What is a sufficient amount of capital for a license applicant to have on hand?
There isn’t a set amount that you need to have on hand; instead, we typically look to
see if an applicant has enough capital to cover his or her projected expenses during the
first six months of operations, as well as any potential tuition refunds. To ensure that
they have sufficient funds available, most license applicants should plan on reserving
about 25% of their projected first year income to cover potential tuition refund requests.
As part of this process, we review the Projected Income and Expenses Statement,
Opening Balance Sheet, and all of the financial data provided by a license applicant.
For example, if a license applicant submits a Projected Income and Expenses
Statement showing estimated monthly operating expenses of $12,000 during the first
year, and an Opening Balance Sheet showing that the applicant only has $500 in
available capital, we’d conclude that the applicant doesn’t have sufficient capital on
hand.
Please keep in mind that, as provided in OAR 581-045-0032(1)(a), a license applicant
must have sufficient capital available to provide appropriate instruction, support and
administrative services, staffing, equipment, and facilities necessary for the instructional
programs it intends to offer. In case you don’t have a sufficient amount of capital
available, please see the “What if I don’t have a sufficient amount of capital available?”
section of this FAQ.
What if I don’t have a sufficient amount of capital available?
If you don’t have a sufficient amount of capital available, or there’s any question that
your school might be undercapitalized, then you’ll need to explore other options to
ensure you have sufficient funds available to cover your school’s operating expenses
and any potential student refunds. Those other options include, but are not limited to:
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Obtaining a letter of credit; or
Depositing any unearned tuition funds in an escrow account.
If you want to discuss an alternative capitalization strategy, such as tuition insurance,
contact Matt Barber, team lead of the Private Career Schools Licensing Unit, at
matt.barber@state.or.us or (503) 947-5915.
What do I need to include on my floor plan?
Your floor plan must include the locations of doors, windows, emergency exits and
equipment (e.g., fire extinguishers and AED’s), bathrooms, stairways, and elevators.
Please indicate the location of ramps, power-assisted doors, and accessible facilities,
too, if applicable. You must also include the location of equipment that your students will
use as part of their instruction. For example, a tattoo school would include on its floor
plan the location of tattooing stations and disposal boxes for sharps, while cosmetology
schools would show the locations of hairdressing and shampooing stations.
If you’ll provide an instructional area for lectures and training that is separated from that
part of your shop where customers are served, indicated how the instructional area is
separated from the shop and the student capacity for that instructional area.
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What do I need to include in my school’s closure plan?
Your school’s closure plan must include, at a minimum:
□ That the school will notify the Superintendent of Public Instruction of its intent to
close no later than 30 calendar days prior to officially closing its doors and
suspending classes.
o This notice of closure must be sent by certified mail; and
o This notice of closure must include a copy of the notice to be delivered to
all enrolled students that identifies the procedures for closing, contact
information for the person handling the closure arrangements, refund
procedures, and, if applicable, teach-out options.
□ The school’s teach-out agreement with another school to allow students to
complete the program for which they contracted, if applicable. A list of the
schools that are potential options for teach-out arrangements, including their
names, addresses, and telephone numbers, is to be included with the closure
plan.
□ If the school does not provide a teach-out option, the school is responsible, in
accordance with ORS 345.115, for making a total refund of all tuition and fees to
its students.
□ The following statement:
o “The school will notify each student currently enrolled, in writing, of the
arranged teach-out option for course completion. If unable to facilitate
teach-out, we will provide information on how to secure refunds and inform
students of their rights under the provisions governing the Tuition
Protection Fund.”
□ The school will provide the Superintendent with a list containing the following
information regarding students enrolled at the time of closure:
o Each student’s name, address, and telephone number;
o The name of each program in which each student is enrolled and the
student’s date of enrollment; and
o Program information including:
 The total length of each program offered by the school at the time
of closure;
 The program start date for each student enrolled in those
programs;
 How much of the program each student has completed, or the
amount of time remaining in the student’s program;
 The amount of tuition paid by each student; and
 If applicable, the amounts of each student’s tuition refund.
□ The school will return its license to the department by certified mail upon
cessation of instruction.
□ The school will send to the Superintendent within 4 business days of closure all
transcripts for, and the complete roster of, all students enrolled at the time of
closure. Transcripts of graduated students will be sent within 90 calendar days of
closure.
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To ensure that your sample school closure plan contains these elements, use the
sample closure plan included in our application. You can add to the sample plan, so
long as those additions provide greater protections to your students and do not conflict
with the elements described above.
Do all career schools need a program advisory committee?
No, some career schools are, like pre-licensing schools, exempt from the advisory
committee requirement. These career schools include, but are not limited to:
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Real estate agent schools;
Tax preparer schools;
Insurance broker schools;
Tattoo artist schools;
Body piercing schools;
Electrologist schools; and
Massage therapist schools.
A full list of pre-license schools exempt from the advisory committee requirement can be
found on the Advisory Committee Membership form, which is part of the Step Two
application packet. Even if your school isn’t required to have an advisory committee,
you may still find it useful to have one. The members of your advisory committee can
provide significant assistance when you are developing your school’s curriculum,
policies, and admissions criteria. They will provide an expert’s perspective on the
adequacy of your curriculum, and can advise you as to what employers want their new
hires to know.
Who can be on my program advisory committee?
For each instructional program you offer, you must have a program advisory committee.
Each committee must have a minimum of three members. All three must have at least
two years of experience in the occupation or field which your program will prepare
students to enter, and at least one committee member must be working in a supervisory
capacity. If you’d like, you can add additional members once you have appointed three
individuals who satisfy these requirements. And, if they are qualified, members of an
advisory committee can serve on more than one advisory committee.
To be eligible, members of your advisory committee may not have a financial interest in
your school and cannot be related to the school’s owners or administrators. Just as you
can’t appoint your mother to sit on your program advisory committee, you can’t appoint
the people who’ll be teaching at your school or who work for another business that you
own. When appointing members, look at their qualifications and whether they are
independent from the school’s owners.
Example: Larry, a local attorney, decides he wants to open a paralegal school so
that he can train people to work as paralegals at his firm and others located in
Mt. Hood and along the Columbia Gorge. He asks Jo, Mary Ann, and Stephanie
to serve on his program advisory committee. All three have substantial
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experience as paralegals, including supervising other paralegals, and have won
many awards from the Oregon Association of Paralegals.
All three also work for Larry’s law firm.
This is troubling for at least two reasons. First, while Jo, Mary Ann, and
Stephanie don’t work for Larry’s paralegal school, they do work for Larry’s law
firm. So they have an employment relationship with him. Second, while they don’t
have a direct financial interest in his school, they do have a financial interest in
Larry’s law firm and their continued employment with it, both of which could be
negatively affected by the financial performance of his paralegal school and how
well Larry accepts their comments and suggestions regarding the school’s
curriculum.
In this case, Larry’s committee doesn’t satisfy the requirements of OAR 581-0450013. He’ll have to appoint a completely new committee with a core group of
three members who are not employed by his firm and who are not related to him.
I have a criminal record, does that mean I can’t open or work for a career
school?
Not necessarily, although if you were convicted of one of the crimes listed in ORS
342.143(3), commonly referred to as ‘forever crimes,’ or one of their predecessors, you
may not (1) work for a licensed career school in a position that will have you interacting
with minors on behalf of the school, or (2) work for a school that will enroll minors. This
prohibition also applies if you were convicted in another state or country of a crime that
is the substantial equivalent of one of the crimes listed in ORS 342.143(3). For more
information, see OAR 581-045-0003.
Additionally, the department may deny your application for a career school license,
owner registration, or teacher registration if you were convicted of certain crimes, such
as fraud, unlawful trade practices, selling controlled substances, or sexual or physical
assault. See OAR 581-045-0012(9) – (12) for more information about the crimes that
could be grounds for denying a license or registration application.
If you were convicted of a crime identified or described in OAR 581-045-0012(9) – (12),
then you will need to send us documents related to your arrest and conviction, such as
police reports or court records. You’ll also need to provide information regarding the
terms of your parole, probation, or release, as well as a record of your rehabilitation
efforts, such as letters from a parole officer, counselor, or treatment provider. We’ll
review those materials before making a decision. Please note that you must have
completed your parole, probation, or supervision before we will consider your request.
If you were convicted of some other crime that is not a ‘forever crime’ or described in
our rules, then that conviction won’t automatically bar you from either opening a career
school or working for one.
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If you do have an old conviction on your record and would like to have it expunged from
your record or set aside, you’ll probably need to contact the court where you were
convicted. The Oregon State Bar has general information about clearing your record on
its website. Some courts, like the Marion County Circuit Court, have information about
this process available online, as do some county district attorney offices, like the
Multnomah County D.A. If you would like the assistance of an attorney, contact your
state or local bar association for a referral. The Oregon State Bar has a Lawyer Referral
Service that can help you find a nearby attorney. And if cost is a concern, don’t let that
stop you - there are attorneys who can assist you pro bono (for free) or at reduced rate.
Additionally, all three of Oregon’s law schools operate legal clinics staffed by second or
third year law students, under the supervision of one or more licensed attorneys, who
might also be able to assist you.
Can I send you the results of a criminal background check I had performed by
the Oregon State Police (OSP)?
No, we cannot accept a background check you had performed by the OSP’s
Identification Services Section. We perform our own background checks because,
unlike the majority of state agencies, we don’t just look at your state criminal record
from the last five or ten years, we look at your criminal records as maintained by both
the OSP and FBI from today all the way back to the first entry, even if that was entered
decades ago.
Please note that you only have to submit to a criminal history check if your school will
be enrolling minors, or if you’ll be a school agent or representative who goes out to high
school job fairs or career day events where you’ll be in contact with minors on behalf of
your school. If your school won’t be enrolling minors and you won’t be sending agents
or representatives to high school events, you can fill out the Fingerprinting/Background
Check Waiver Form included with your license application.
For more information about arranging to have your criminal history checked, please see
the “How do I arrange for a check of my criminal record?” section of this FAQ.
How do I arrange for a check of my criminal record?
To arrange for a check of your criminal records, please contact Shonna Bumgarner in
Employee Services at (503) 947-5874 or by e-mail at shonna.bumgarner@state.or.us.
We’ll send you a Fingerprint-based Criminal History Verification form. You can have
your fingerprints taken at the nearest OSP or local police station. After you return your
completed form and fingerprint cards, we submit them to the OSP and FBI for a check
of your complete criminal record. This is a much more thorough check than what is
performed by most H.R. offices or online criminal record check services.
Don’t assume that a conviction has simply fallen off of your record because it’s old;
convictions don’t fall off unless they are expunged, set aside, or removed upon
satisfaction of a condition of your sentence. So if you were convicted 40 years ago of
underage drinking when you were 18 or for trespassing while protesting against the
Vietnam War, and those convictions weren’t expunged or set aside, or the judge didn’t
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tell you they would be removed from your record upon completing some condition, like
paying a fine or taking a class, those convictions will show up during our check.
(Please note that even if a conviction was expunged, removed, or set aside it might still
show up during a check of criminal records maintained by the FBI, especially if it was
expunged, removed, or set aside before the 1980’s or 1990’s. If that’s the case, just let
us know. You’ll need to work with the court where you were convicted to get a copy of
your record. They might also be able to help you find out how you can update the state
record used by the FBI. The FBI has information about updating your records on its
website.)
If you do have an old conviction on your record and would like to have it expunged or
set aside, you’ll probably need to contact the court where you were convicted. Some
courts, like the Marion County Circuit Court, have information about this process
available online, as do some county district attorney offices, like the Multnomah County
D.A. If you would like the assistance of an attorney, contact your state or local bar
association for a referral. The Oregon State Bar has a Lawyer Referral Service that can
help you find a nearby attorney. And if cost is a concern, don’t let that stop you - there
are attorneys who can assist you pro bono (for free) or at reduced rate. Additionally, all
three of Oregon’s law schools operate legal clinics staffed by second or third year law
students, under the supervision of one or more licensed attorneys, who might also be
able to assist you.
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Designing a curriculum for my career school
Has the Department adopted a standard curriculum model for career schools?
Yes, it has. The Department has adopted the Worldwide Instructional Design System
(WIDS), a curriculum model designed by the Wisconsin Technical College System
specifically for schools offering career and technology education. The WIDS model
incorporates best-practices for career education and training.
The WIDS curriculum model offers benefits to both our career schools and their
students. It helps schools focus on identifying the skills their students must master, as
well as how they will teach and assess those skills. It also helps them avoid common
problems, such as teaching subjects that are not assessed, or unrelated to the scope of
training offered or to the profession that students were training to enter.
Using the WIDS curriculum model helps career schools offer instructional programs of
high quality, and ensures that students are receiving a high quality education in
exchange for the thousands of dollars they pay in tuition and fees.
Where can I find information about using the Worldwide Instructional Design
System (WIDS) model to design my curriculum?
We have posted the materials from our WIDS Instructional Design training on our
website. There are ten chapters available for download as Microsoft Word files. You’ll
find them by clicking on the ‘Opening a New School’ link and scrolling to the bottom of
the ‘Opening a New School’ webpage.
Our staff is also available to provide some assistance and answer your questions.
Depending on the amount of assistance you desire or require, we may recommend or
require that you obtain the assistance of a curriculum design specialist. We do not
maintain a list of such specialists and cannot recommend any specific specialists to you.
You may be able to find a curriculum design specialist by contacting your local
education service district or community college, by asking another career school in your
area, by checking the Yellow Pages, or by looking online.
What are the elements of a curriculum in the WIDS model?
Your curriculum should:
 Identify the core abilities (i.e., soft skills), standards, and competencies in your
curriculum;
 Include learning objectives that break major skills into smaller, easier to grasp
pieces and provide a way for your students to measure their progress towards
achieving a competency;
 Identify how you will assess your students’ performance;
 Describe the learning activities you’ll use in your instruction;
 Include the learning plans your teachers will use when instructing; and
 Include the syllabus your students will receive when they begin a new program or
course.
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For more information, review the instructional design training materials posted on our
website.
What are ‘core abilities?’
Core abilities are those soft skills that are necessary to be generally successful in a
variety of careers. They are commonly sought by employers, regardless of where you
work. These soft skills are transferable to many different jobs and not unique to any one
particular field. For example, “be punctual” and “communicate effectively” are soft skills
that are necessary for success in many occupations, are commonly sought by
employers, and aren’t specific to any one job.
When drafting your core abilities, make sure that they (1) address a single skill or
subject, (2) are broad in scope, and (3) are transferable to many different jobs. Core
abilities that don’t address any skills, or address more than one skill, or are applicable
only to one occupation, will not be accepted and will have to be rewritten.
You probably won’t teach a class on any specific core ability; instead, your core abilities
will be woven throughout your entire program. They will support and enforce other
concepts you teach. In a nursing program, you may highlight the importance of good
hygiene by teaching students about sanitation procedures and how to stop the spread
of germs, as well as having them assist in cleaning medical equipment. A tax preparer
program could highlight the importance of punctuality by teaching about filing deadlines,
having a strict attendance policy, and subtracting points from a student’s score when his
or her work is turned in late.
Example: The PCS School’s cosmetology program wants to adopt the
following core ability: “develop a greener, infection free, and safety
conscious hair salon.” There are two things wrong with this proposed core
ability. First, it has three subjects rather than one. Second, it’s focused on
a single occupation rather than being addressed to a broad selection of
occupations. The school can rewrite this draft core ability to easily fix
these issues.
To start, the school needs to break it down into three separate core
abilities focused on environmental awareness, sanitation, and safety.
Then, rather than focusing those abilities on work that happens in a hair
salon, they should be written broadly and without referring to a specific
industry. The final product could be “be environmentally aware,” “use good
hygiene,” and “maintain a safe work place.” These three core abilities all
address a single subject or skill and are broad in scope.
What are ‘standards?’
In the WIDS instructional design model, standards reflect the requirements and criteria
someone in your field must satisfy. They are often established by an external source,
like a state agency, a national professional association, or an accrediting body. For
example, the Board of Cosmetology, Oregon Health Licensing Agency, has adopted
administrative rules that define the scope of practice for an individual with a barbering
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license. The board’s rules establish requirements with which a barber licensee must
comply. They tell a barber what he or she must do, may do, and cannot do, as well as
the level of performance or quality expected.
An acceptable standard, for purposes of the WIDS instructional model, will identify the
requirements and criteria your students must satisfy, and how well they must perform
that particular task.
Example: The PCS School wants to offer a culinary arts program. There
isn’t a state agency that licenses chefs, but chefs do have to comply with
statutes and administrative rules regarding sanitation and equipment. After
looking at those requirements, and those established by the county health
inspector and the Oregon Restaurant Association, the school has adopted
seven standards for their culinary program, including “maintain a sanitary
and well maintained kitchen to secure the safety of prepared meals.” This
standard reflects requirements that a kitchen must be sanitary and
regularly maintained, and sets the criteria by which a student’s
performance of this standard will be judged. The kitchen must be “well”
maintained and sufficiently sanitary and maintained to “secure the safety
of prepared meals.”
What is a ‘competency?’
For purposes of the WIDS instructional design model, competencies describe the skills
being taught as part of an instructional program in terms of performance. They are
derived from the program’s standards and create a framework for organizing and
implementing an instructional program. A competency should address a single act or
action. Because they are fashioned in terms of performance, competencies need to
describe what it is that your students need to be able to do and the level at which they
should be performing. Competencies also need to be both measurable and observable.
Since competencies address actions, they’ll begin with an action word, a verb. But it
can’t just be any verb, like “hold” in “hold the skillet.” It has to be a verb that shows the
student is learning and doing, rather than just comprehending or mimicking what you
do. To help you, we’ve provided lists of common verbs used in writing competencies.
They’re in the instructional design materials available on the licensing unit’s website.
Look for the section on “Bloom’s Taxonomy.” That’ll show you the common verbs
classified into different categories. When using verbs from the “Bloom’s Taxonomy”
section, you should only use those verbs that are in the application category or a higher
category. Verbs found in the categories below the application category show that the
student only comprehends what you’re teaching, not that they’re actually learning.
Competencies tell students what it is they should be able to do with their learned
knowledge and the level at which they should be performing. The task your students are
performing should be observable and measurable against some established standard of
quality.
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Example: One of the standards for the PCS School’s culinary arts program
is “maintain a sanitary and well maintained kitchen to secure the safety of
prepared meals.” The school has to write the competencies for that
standard. The first one might be “demonstrate equipment maintenance
according to manufacturer’s recommendations,” and the second might be
“implement Oregon Culinary Schools Association standards of sanitation.”
These two competencies tell students about the tasks they should be able
to do with their learned knowledge (demonstrate equipment maintenance
and implement standards of sanitation), the level of quality or performance
required (manufacturer’s recommendations and Oregon Culinary Schools
Association sanitation standards), are observable (you can observe the
students as they maintain the equipment and sanitize the kitchen, and the
results of their work), and measurable (you can compare a student’s
maintenance of a stove to the manufacturer’s recommendations for
maintaining that stove and you can track whether a student has sanitized
the kitchen according to the association’s standards).
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Information for Cosmetology Schools and Instructors
What do I have to do to work as a cosmetology teacher?
To work as a cosmetology teacher, you must:
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Be a certified practitioner in the subject you intend to teach. For example, if you
want to teach esthetics, you’ll need your esthetician license.
Have a high school diploma, official high school transcript showing that you
graduated from high school, or a foreign equivalent. Alternatively, you can show
your GED or a copy of a post-secondary degree or certificate.
Be at least 18 years of age, as evidenced by your birth certificate, baptismal
certificate, or government photo id, such as a driver’s license or passport.
Either have (a) at least one year’s experience as a practitioner in the subject you
intend to teach, or (b) completed an approved teacher training program.
Submit a completed Cosmetology Teacher Registration form, along with the
registration fee.
Is there a continuing education requirement for cosmetology teachers?
Yes, there is. In order to maintain their teacher registration, cosmetology teachers must
complete 30 hours of approved continuing education every three years, starting on the
date of their initial teacher registration. Only 10 of your hours may be from your
attendance at an authorized manufacturer or distributor show.
If you won’t be teaching for a period of time, but want to maintain your teacher
registration anyway, you’ll still have to complete those 30 hours of continuing education.
What is the maximum amount of time allowed for completing a cosmetology
program offered by a competency-based school?
That’s for each individual school to decide on its own; there isn’t an administrative rule
addressing this question.
Competency-based cosmetology schools, just like all other career schools, have to
identify the maximum amount of time allowed for program completion. See OAR 581045-0009(1)(b)(G)(i) and 581-045-0019(10). The maximum time allowed for program
completion should be identified in at least two documents: (1) the student catalog and
(2) the school’s enrollment agreement. Competency-based cosmetology schools are
required to provide students with an estimated program completion date, an enrollment
agreement, a catalog, and assurances that students’ programs won’t be significantly
altered after enrolling. OAR 581-045-0200(6)(e), (g), and (i).
OAR 581-045-0200(6)(j) doesn’t address maximum program length for instructional
programs offered by competency-based cosmetology schools. The rule provides that a
student may leave a competency-based cosmetology school with a diploma or
certificate at the time she is informed by the school that she is competent; however, the
student doesn’t have to leave the school at that point.
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The rule also provides that the student may, after being informed by the school that she
is competent, elect to stay in school and, at no additional cost, continue training until
she has achieved the minimum number of hours required under OAR 581-045-0200(1).
That doesn’t establish a maximum amount of time for program completion; instead, it
establishes how long a student enrolled in a competency-based program can stay in
that program without incurring any additional tuition costs. So a student could enroll in a
hair design program and stay in it, without incurring any additional charges, for at least
1,450 hours, but the school could decide that students have to demonstrate
competency within 1,800 hours. If a student cannot demonstrate competency within the
maximum time allowed, then that student would be dismissed or expelled.
OAR 581-045-0200(6)(j) presumes that a student attending a competency-based school
will achieve competency prior to satisfying the minimum instructional hours listed in
OAR 581-045-0200(1)(a) through (e). If the student hasn’t, then the school would be
able to charge the student overage fees if she elects to stay on longer.
Is there a separate cancellation and refund policy for competency-based
cosmetology schools?
No, there is not. Competency-based cosmetology schools will most often use the policy
found in OAR 581-045-0036, which is the default cancellation and refund policy for
resident (in-class) instructional programs.
Because students attending a competency-based cosmetology school can stay in their
programs without incurring any additional costs until they either (1) demonstrate
competency or (2) satisfy the applicable minimum hours of instruction required, it’s fair
and efficient to base a refund calculation on the applicable minimum hours of instruction
established in OAR 581-045-0200(1).
Example 1: The PCS School opens a competency-based cosmetology
school in Ontario. Dmitri, a resident of Ontario, enrolls in the school’s
esthetics program. He grew up in his grandparent’s salon and is very
familiar with the practice of esthetics, which is why the school determined
that he had demonstrated competency in esthetics after completing 100
hours. Dmitri could’ve graduated at that point, but he also had the option
of staying in his program for an additional 150 hours because the
minimum hours of instruction for esthetics programs identified in OAR
581-045-0200(1) is 250.
Dmitri decided that he would stay in his program and complete the
remaining 150 hours of instruction so he could get some additional training
and practice. After completing 130 hours of his program, Dmitri was
dismissed from school for repeated violations of the school’s dress code.
After being dismissed, he requested a refund for the 150 hours of training
he didn’t need because the school decided he’d met the competency
requirement after he’d completed 100 hours of training.
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In this situation, the refund calculation will be based on the number of
instructional hours Dmitri received, not the number of hours that were left
in his program after the school determined he was competent. He
received 130 instructional hours. The school has adopted the default
cancellation and refund policy in OAR 581-045-0036 as its cancellation
and refund policy. That policy provides students aren’t entitled to a refund
after completing 50% or more of their instructional programs. Because
Dmitri completed 150 hours of a 250 hour program, or 52%, he is not
entitled to a refund under the school’s cancellation and refund policy.
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Financial aid, discounts, refunds, and other money matters
How do I calculate refunds for my students when they withdraw or are
terminated if they received a scholarship?
Calculating the refund due a scholarship student who is withdrawing from your program
involves the following two steps: first, calculating the amount of the refund, and then
dividing that refund between the student and the scholarship provider.
Step One: Calculating the amount of the refund –
At this step in the process we want to know how much money was paid to the school on
behalf of the student, regardless of the source of that money, and the total costs of the
student’s program (tuition, the enrollment fee, and any other applicable fees). Once you
have those numbers, look to your school’s cancellation and refund policy. The amount
of the refund that is due will depend on your school’s policy.
Example: Lauren enrolls in an instructional program at PCS School. The tuition
cost for that program is $100.00. She gets a scholarship for $70.00 and pays the
remaining $30.00, as well as any applicable fees, out of her own pocket. After
completing 25% of the program something happens and she has to withdraw. If
PCS School adopted the state’s default policy for residence (classroom)
programs (OAR 581-045-0036(1)), it gets to keep whatever Lauren paid for her
registration and other fees, as well as a quarter of the total tuition paid, which is
$25, because Lauren did complete a quarter of her instructional program. This
leaves $75 that needs to be refunded.
Step Two: Dividing the refund between the student and the scholarship provider –
Now that we know the amount of the refund that is due, we must divide it between the
student who received the scholarship and the scholarship provider. The student and the
scholarship provider will each receive a percentage of the refund that is equal to the
percentage of the costs they covered.
Example: PCS School has to refund $75 to Lauren and the provider of her
scholarship. The scholarship covered 70% of her tuition costs and she covered
the remaining 30%. So the scholarship provider is entitled to $52.50, 70% of the
refund amount, and Lauren gets the remainder, $22.50.
A word of caution –
Please keep in mind that if payments were made on the student’s behalf by a state or
federal tuition assistance or other benefit program, then the regulations governing
refunds for those programs will control how the refund is paid.
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Can I offer an in-house scholarship program to my students?
Yes, you can. But before you do, there are some things you should consider. The first is
how you will fund your scholarship program. Will you establish a separate scholarship
fund or account, or will you award scholarships with money from your school’s general
fund? Once you’ve figured that out, then you have to develop your criteria for
determining who is eligible to apply for and receive a scholarship award, the process by
which students will apply for the scholarship, and a process for distributing any
scholarship awards. In developing these processes and criteria, consider the following:
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Will the scholarships only be available to incoming students who meet certain
criteria, such as having a certain grade point average, occupational background,
or professional goal? Or can all presently enrolled students who meet those
criteria apply, too?
Do students have to submit a separate application for the scholarship, or are all
students who submit an application for admissions or an enrollment agreement
considered?
If your school offers more than one instructional program, will the scholarships be
available to students from just one program or can all students participate?
Do your presently enrolled students have to satisfy certain academic,
attendance, or other performance standards to be eligible to apply for a
scholarship award?
How will you notify students if they have been awarded a scholarship? How will
you notify students that they haven’t? When will you notify your students whether
they did or did not receive a scholarship?
How will you distribute the awarded scholarships?
You should also consider whether you want to attach any terms or conditions to the
receipt of those scholarships. For example:
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Do your students have to satisfy certain academic or other performance
standards to maintain their eligibility to receive their scholarship award?
Can your students lose their scholarship eligibility through misbehavior?
Can those students who lost their scholarship eligibility regain it? If so, how?
Will you notify students if they are in danger of losing their scholarships? If so,
will your notice give them enough time to make any necessary adjustments?
If your students withdraw or are terminated, will they be responsible for
reimbursing the school for the amount of the scholarship they used? Must they
also reimburse the school for any tuition loss the school experienced?
Once you have developed your processes and criteria for your in-house scholarship
program, as well as any applicable terms and conditions, you must publish them in your
school catalog and apply them consistently.
We strongly encourage you to consult with your attorney and your CPA should you
decide to go ahead with creating and operating a scholarship program to ensure that it
runs smoothly. Involving them at the start will save you time, trouble, and money in the
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long run, as well as allow you to take advantage of any available tax benefits of offering
such a program, if there are any.
How to go about calculating refunds for students who receive an in-house scholarship
and then withdraw or are terminated is discussed in the “How do I calculate refunds for
my students when they withdraw or are terminated if they received a scholarship?”
section of this FAQ.
How do I calculate refunds for my students if they received an in-house
scholarship?
The process for calculating a refund when a student receives an in-house scholarship is
the same as it would be if the student received a scholarship from another organization,
such as a trade union or the Kiwanis. (For information about operating an in-house
scholarship program, please see the “Can I offer an in-house scholarship program to my
students?” section of this FAQ.)
First, calculate the total amount of money paid on the student’s behalf (from any source,
including your in-house scholarship) and the total costs owed to the school. Then apply
your school’s cancellation and refund policy to determine whether a refund is due and, if
so, the amount of that refund.
Second, calculate the percentage of the student’s costs that was covered by any
scholarship he or she received. That’s how much of the refund the scholarship provider
will be entitled to receive, with any remainder going to the student.
Remember that if you don’t attach terms or conditions to the scholarships you award
your students, then your school may not be able to recover that portion of the award
used by the student while he or she was enrolled.
Example 1: Rusty is a student at PCS School. He received an in-house
scholarship awarded by the school from its scholarship fund and that scholarship
covered 60% of his $100 tuition ($60). Rusty paid the remaining 40% ($40), and
any applicable fees. Upon completing 20% of his program, Rusty is terminated
for violating the school’s conduct policies. Because Rusty didn’t complete 80% of
his program, the school will need to issue a refund for $80. Of that refund, 60%
($48) will go to the school’s scholarship fund, as the scholarship provider, and
the remainder ($32) goes to Rusty.
Before issuing a refund to Rusty, the school’s staff checks the terms of his
scholarship, which are printed in the school catalog and were sent to him with his
award letter. Under the terms of Rusty’s scholarship award, he has to pay the
money back if he’s terminated for violating the school’s conduct policies. The
terms also provide that any refund he’s entitled to receive could be reduced if he
has to pay back the scholarship money.
Rusty received a $60 scholarship and used 20% of it ($12) before he was
terminated. So he’ll owe the school, as his scholarship provider, $12 and that’ll
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reduce the amount of his refund to $20. The $48 refund and the $12
reimbursement from Rusty will, taken together, put the scholarship fund back
where it was before Rusty received his $60 scholarship award.
The school didn’t experience a tuition loss in this example because it was paid in
full for the instruction Rusty received. Instead, the loss here would’ve been to the
school’s scholarship fund if the school didn’t have terms and conditions attached
to its scholarships.
Example 2: Ann is also a student at PCS School. Like Rusty, she received an
in-house scholarship awarded by the school, but unlike Rusty, her scholarship
was awarded from the school’s general fund. Her scholarship covered 50% of
her $100 tuition, or $50. Ann paid the remaining $50, as well as any applicable
fees. Upon completing 25% of her program, Ann is also terminated for violating
the school’s conduct policies. Because she completed 25% of her program, the
school can keep 25% of her total tuition ($25) and any applicable fees, but must
refund the remaining 75% ($75). Ann paid for 50% of her tuition and received a
scholarship for the rest, so the school sends her a refund check in the amount of
$37.50. The remaining $37.50 goes to her scholarship provider, the school.
Before the school issues a refund to Ann, its staff checks the terms of her
scholarship, which are printed in the school catalog and were sent to her with her
award letter. One of the conditions attached to its scholarships is that if a student
receives an in-house scholarship and is later terminated for violating the school’s
conduct policies, then that student has to reimburse the school for any portion of
the scholarship used by the student, which could reduce the amount of the
student’s refund.
In this example, Ann used $12.50 of her $50 scholarship. Since the conditions of
Ann’s scholarship provide that she has to reimburse the school for any portion of
the scholarship she used, the school can deduct $12.50 from her share of the
refund ($37.50), leaving her with a total refund of $25. That $12.50 deducted
from her share of the refund, plus the $37.50 the school got as its share of the
refund, puts the school’s general fund back in the same position it was in before
Ann received her $50 scholarship award. It also means that Ann paid the full
amount of the $25 education she received.
If it hadn’t put in place appropriate scholarship policies and conditions, the school
in this example would’ve experienced a tuition loss of $12.50 because it paid for
Ann’s scholarship out of its general fund, rather than a separate scholarship fund.
How do scholarships and grants differ from discounts and incentives?
When a student receives a scholarship or grant, the student is receiving an award of
money to apply towards the student’s education and related expenses. When a student
qualifies for a discount or incentive, the student is not receiving an award of money;
instead, the school is reducing the total cost of the student’s program.
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Here’s one way to think about it: scholarships and grants are like gift cards, discounts
and incentives are like coupons. Let’s say that there’s an item at the store you want to
buy and it’s priced at $30.00. You have a coupon for $10.00 off that item from the
Sunday paper and you received a $20.00 gift card to use at that store. If you use the gift
card, you’ll pay $10.00 out of your own pocket for the item, which is the difference
between the item’s price ($30.00) and the amount of your gift card ($20.00). The cost of
the item didn’t change. However, the cost of the item will change by $10.00 if you use
the coupon. After using the coupon, the cost of the item has been reduced from $30.00
to $20.00, and that reduced amount is what you’ll pay for the item.
Example 1: Beatrice decides to enroll in the PCS School’s hair design program,
which has a total program cost of $13,000.00. She applies for and receives
$3,000.00 in scholarships and grants. Scholarships and grants are awards of
money; they do not reduce the total cost of an instructional program. Because
she received $3,000.00 in scholarships and grants, Beatrice will only have to pay
$10,000.00 out of her own pocket for her hair design program. Should she
withdraw from the program, the school will use the total program cost of
$13,000.00 when calculating whether she will receive a refund.
Example 2: Benedict enrolls in that same $13,000.00 hair design program at the
PCS School. He didn’t receive any scholarships or grants; instead, Benedict
qualified for and received a promotional discount of $2,000.00 and, later, he
satisfied the criteria for and received a $1,000.00 incentive. Discounts and
incentives are not awards of money; instead, they reduce the total cost of an
instructional program. Because Benedict received $3,000.00 in discounts and
incentives, the total cost of his program has been reduced from $13,000.00 to
$10,000.00. He will owe the school $10,000.00 and will pay that amount out of
his own pocket. If Benedict withdraws from the program, the school must use the
reduced program cost of $10,000.00 when calculating whether he will receive a
refund.
As a student, what’s the difference between a discount and an incentive?
Discounts and incentives are both similar in that they (1) reduce the total program cost
of a student’s instructional program and (2) can’t be revoked once they’ve been
awarded. They are dissimilar in (1) purpose and (2) when they are applied to a student’s
account. Both are defined in our administrative rules at OAR 581-045-0001.
In order to get either a discount or an incentive a student must satisfy the applicable
eligibility criteria established by the school. Those criteria must be published in the
school’s catalog and maintained as part of the school’s advertising. Once a student has
satisfied those criteria and earned the discount or incentive, it can’t be revoked.
A discount is offered by a school for the purpose of encouraging students to enroll in
that school or in a particular instructional program; therefore, they will apply at the time
a student enrolls. Schools must list each discount and its amount on the student’s
enrollment agreement.
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Example 1: In order to drum up interest in its new culinary arts program, the PCS
School offers a discount of $300.00 off the program’s $1,300.00 total cost to
anyone who enrolls in the program between June 1 and July 31. The terms of
this discount are included in the school’s catalog. Peter applies to the school, is
admitted, and successfully enrolls in the school’s culinary arts program on July
17. He has satisfied the criteria for the discount, so the school marks on his
enrollment agreement that he is receiving a $300.00 promotional discount and
that discount has reduced the total cost of his program from $1,300.00 to
$1,000.00.
Example 2: Bjorn also enrolled in the PCS School’s new culinary arts program
between June 1 and July 31, so he received the $300.00 discount, too. A couple
of weeks into the program, his wife is assigned to the U.S. embassy in
Stockholm, Sweden, so he withdraws from the program. The school can’t revoke
his discount, so it has to calculate his refund based on his reduced program cost
of $1,000.00.
An incentive is a reward or inducement offered by a school for the purpose of
encouraging or motivating students to meet certain expectations, such as completing
their programs within a certain amount of time or meeting a certain level of
performance. An incentive is earned after a student has enrolled and satisfied the
applicable criteria, and it reduces the remaining balance owed the school. (If the student
paid in full at the time of enrollment, then he or she would be entitled to a refund.) Once
a student has qualified for an incentive, the school must amend the student’s enrollment
agreement to show that (1) the student received an incentive, and (2) that incentive
reduced the student’s financial obligation to the school.
Example 3: In order to encourage students to regularly attend class and graduate
from its music technician program on time, the PCS School offers an incentive of
$200.00 to those students who (1) are enrolled in the program and (2) attend at
least 85% of their classes. Students who satisfy these two conditions will receive
an incentive of $200.00 off of their remaining balance. The terms of this incentive
are published as an addendum to the school’s catalog. John, a student in the
school’s music technician program, has attended at least 85% of his classes.
Because he has satisfied the criteria for the incentive, the school amends John’s
enrollment agreement to show that he received the incentive, and that the
incentive has reduced the balance he still owes the school by $200.00.
Can I waive book, lab, or other fees owed by one of my students?
Yes, you can. As the school owner, you have the discretion to waive any instructionrelated fees, like book, lab, uniform, or similar fees, owed by a student.
Fee waivers generally come in two flavors: (1) formal fee waivers, and (2) discretionary
fee waivers. Formal fee waivers are granted according to a school policy, discretionary
fee waivers are not.
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If your school has a formal fee waiver policy, that policy must be printed as part of your
school catalog and identify the procedure a student must follow to request a fee waiver
under the policy, as well as the criteria the school will evaluate when reviewing the
student’s waiver request. For example, your policy might be that the school will waive
book fees for those students who are experiencing a financial hardship if they submit a
waiver application and evidence of hardship.
Discretionary fee waivers aren’t necessarily requested by a student, or provided
according to any specific policy. For example, you might waive a copying fee for a
student who forgot his wallet that day, or waive a uniform fee owed by a student
because she just lost her grandfather. Such waivers are provided at your discretion, and
not according to any established policy. If you foresee that you might grant discretionary
fee waivers, then you should include a statement in your school catalog informing
students that you reserve the right to waive certain fees on a case-by-case basis and
that such waivers are allowed at the discretion of one or more identified officials.
Please note that you cannot use discretionary waivers to discriminate against students
in violation of ORS 659.850. If you always waive the book fee for students of a certain
gender, or regularly waive the uniform fee for students of a certain national origin, but
not for students of a different national origin, then that might be evidence of
discrimination.
As a student, is the school I’m thinking of attending participating in federal
financial aid?
This is an important question to ask because students can’t use federal financial aid,
like Pell grants and Stafford loans, at career schools that aren’t approved to participate
in those financial aid programs. The decision whether to approve a school is made by
the U.S. Department of Education. We don’t maintain a list of the career schools in
Oregon that are approved; however, the U.S. Department of Education publishes a list,
available on its website, of all schools approved to participate in federal financial aid.
You can sort the list to show the approved schools located in Oregon. More information
about participating schools is available online.
If a school tells you that you can use federal financial aid to pay their tuition and they
aren’t approved to participate in federal financial aid programs, please let us know as
soon as you can.
As a student, where can I get information about paying for school?
There are several resources available to help you find information about paying for
school.
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Talk to your school’s admissions office or financial aid officer for information
about financial aid resources available to you.
The U.S. Department of Education’s Federal Student Aid office has valuable
information about various types of aid, such as grants, work study, and loans.
They also provide information that will help you apply for that aid.
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The federal Consumer Financial Protection Bureau (CFPB) has a section on its
website devoted to the topic of student loans. You’ll find a student loan assistant
and information about using and paying back student loans.
Don’t forget to look for state resources that may be available.
Aid may also be available from private or nonprofit groups, like a trade union or
the Kiwanis, or industry organizations.
Career schools may offer tuition payment plans or loans. Check a school’s
catalog and ask for written information about their financial aid offerings.
Talk to your local bank or credit union about getting a loan to finance your
education.
Talk to your family and friends, they might be willing to help you out.
Keep in mind that certain forms of federal student aid can only be used at schools that
are approved to participate in federal student aid programs. For example, to qualify for
certain federal student grants or loans a student must be enrolled or accepted for
enrollment in an eligible degree, certificate, or diploma program. Be sure to find out
about any eligibility requirements that apply to the various types of aid that are
available.
The U.S. Department of Education’s blog has a tag for entries about student loans.
Read the entries for tips on finding aid, managing and repaying loans, and the
importance of looking for aid that you don’t have to pay back, like scholarships and
grants.
Be wary of taking on too much debt. Try to use aid that doesn’t have to be paid back
(like scholarships and work study) before you use aid that does have to be paid back
(like loans). Before applying for a loan, shop around to get the best deal you can. That
means finding a lender who will offer you, among other things, a low interest rate and
favorable repayment plan.
It’s very important that you find out what new hires in the career you want to enter are
earning. If your loan repayments (payment on the principle plus interest) will take up so
much of your monthly income that you can’t afford necessities, like groceries or rent,
you may want to find another lender, school, or career.
If you’re trying to choose between two schools, consider the costs of attending each and
the aid packages they offer. It’s better to use money that doesn’t have to be paid back,
e.g., grants, scholarships, or work study, before tapping into money that needs to be
paid back with interest, e.g., loans. Taking money that needs to be repaid means you’re
putting yourself in debt. Be careful about how much debt you take on. Make sure that
you have enough to cover your necessary expenses and any payments you’ll owe. If
one school offers you a scholarship for $5,000.00, while the other offers a loan for
$5,000.00, you might want to consider attending the school that offered a scholarship
because that’s money you don’t have to repay.
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The student admissions process
Is there a difference between an admissions requirement and a prerequisite?
Yes, there is. Many license applicants aren’t sure where the dividing line is between an
admissions requirement and a prerequisite because what’s considered either an
admissions requirement or prerequisite at a high school, community college, or
university may not be the same thing at a career school.
Admissions requirements are those minimum requirements a person must satisfy in
order to be admitted to your school. These requirements apply to all applicants,
regardless of the instructional program in which they intend to enroll.
Example: Diego has applied for admission to the PCS School. Before the school
will admit him, he has to satisfy all applicable admissions requirements. Those
requirements include: (1) that he be at least 18 years old, (2) have either a high
school diploma or GED, (3) interview with the school’s director, and (4) complete
the school’s application for admission. Each applicant for admission has to
satisfy these four requirements, regardless of the instructional program in which
they want to enroll. Once he has met all four requirements, Diego can submit his
application for consideration by the school’s admissions staff.
Prerequisites are academic requirements that an admitted student must satisfy before
either enrolling in an instructional program or taking a specific class within an
instructional program. Prerequisites typically apply to students and not applicants for
admission; however, they can, in limited circumstances, apply to both students and
applicants.
Example 1: Nirvi is a first year student enrolled in the PCS School’s mechanical
design and drafting instructional program. She really wants to take the Solid
Modeling course, traditionally taken by second year students, so she looks at her
copy of the school’s catalog to find out when it is offered. In reading the brief
course description, she notices that it says students must first successfully
complete the 3-D Modeling course before they can take the Solid Modeling
course. Nirvi signs up to take 3-D Modeling this semester so she’ll be eligible to
take Solid Modeling next semester. In this example, the 3-D Modeling course is a
prerequisite for the Solid Modeling course because Nirvi, and all other students in
her program, must take it before they can take Solid Modeling.
Example 2: Binyamin has just been admitted to the PCS School and wants to
enroll in the Nursing Assistant instructional program. In filling out his enrollment
agreement he comes to a section titled “Prerequisites” where he reads that
before he can enroll in this program, he has to show that he’s completed a Basic
First Aid class. [He would’ve seen this before if he’d read the school’s catalog.] A
certified lifeguard, Binyamin has a card showing he passed a Basic First Aid
class offered by the local Red Cross chapter. By including a copy of that card
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with his enrollment agreement, he’s satisfied the prerequisite and is eligible to
enroll in the Nursing Assistant program.
Example 3: Helen, a high school senior, intends to apply for admission to the
PCS School’s Veterinarian Assistant instructional program once she graduates.
In the fall, she downloads a copy of the school’s catalog to find out if there are
any classes she needs to take before she’ll be admitted. The PCS School clearly
states in its catalog that, in addition to the four admissions requirements
mentioned above, applicants for admission who intend to enroll in the school’s
Veterinarian Assistant program also must have taken classes in biology,
chemistry, and algebra. [The PCS School doesn’t offer classes in biology,
chemistry, or algebra.] The catalog also provides that admitted students who are
enrolled in one of the school’s other programs must show that they’ve taken
those three classes before they can transfer into the Veterinarian Assistant
program. Helen took her high school’s biology and algebra classes last year, but
not chemistry, so she’ll need to take it during the spring semester if she wants to
be eligible for the PCS School’s Veterinarian Assistant program after she
graduates from high school. In this example, only those applicants who intend to
enroll in the Veterinarian Assistant program have to have taken classes in
biology, chemistry, and algebra. Those classes are prerequisites, not admissions
requirements, because (1) they aren’t generally applicable to all applicants and
(2) they are academic requirements that must be satisfied by applicants for
admission and admitted students alike.
Do I need to collect my students’ Social Security numbers?
You are not required to collect your students’ Social Security numbers (SSN) under
Oregon’s Private Career School laws, ORS 345.010 to 345.450 and OAR chapter 581,
division 45; however, you may be required to collect that information if your school is
approved to participate in federal financial aid or veterans’ benefits programs. (For more
information about participating in these federal programs, please visit the Federal
Student Aid Institution Eligibility page and the Veterans Administration’s school resource
page.) You may also need to collect your students’ SSNs if they must complete a
criminal background check before participating in an extern- or internship.
But if you aren’t participating in any state or federal programs that require a student’s
SSN, and if your students don’t have to complete a criminal background check, then
you probably don’t need your students’ SSNs. And if you don’t need to collect them,
then you probably shouldn’t.
Here are just some of the many reasons for not collecting your students’ SSNs if you
don’t need to:


Needlessly collecting and storing SSNs unnecessarily increases the danger of
identity theft and privacy loss to your students;
Your school will be obligated to assume those costs that are reasonably
necessary to protect and secure your students’ SSNs; and
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
Your school could face potential administrative, civil, or criminal liability for not
adequately protecting its students’ SSNs.
If you still intend to collect your students’ SSNs, then you should ask yourself the
following questions:



Why am I asking my students to provide their SSNs?
Do I really need to collect that information?
Is there an alternative I can use that achieves the same purpose?
Keep in mind that by collecting your students’ SSNs, you’ll have to provide them with a
disclaimer at the time of enrollment explaining why you’re collecting their SSN’s and
how you intend to use them. You’ll also have to secure and protect that information.
The Oregon Consumer Identity Theft Protection Act, ORS 646A.600 to 646A.628,
provides examples of steps you can take to protect the personal information you collect.
The Division of Finance and Corporate Securities, Department of Consumer and
Business Services, can provide you with more information about your duties and
responsibilities under the Oregon Consumer Identity Theft Protection Act, as well as
suggestions for protecting the personal information of your students and employees.
Do I have to admit someone who was homeschooled?
You are not required to admit someone who was homeschooled. The decision whether
to admit applicants who were homeschooled is up to you. If your admissions policy
provides that applicants must have either a high school diploma or a GED, then an
applicant who was homeschooled would not be eligible for admission under your
school’s admissions policy because people who were homeschooled in grades 9
through 12 generally don’t receive high school diplomas in Oregon.
If you want to admit applicants who were homeschooled, then you simply need to draft
your admissions policy so that an individual who was homeschooled would be eligible
for admission. This might mean accepting a home schooling diploma if the applicant
participated in a regionally accredited home schooling program or curriculum, giving an
applicant the option of taking and passing a recognized standardized test in place of
providing a copy of a high school diploma or GED, or identifying certain prerequisites
that all applicants must satisfy, such as taking four years of high school or college level
English classes. You could even develop your own evaluation to ensure that applicants
who were homeschooled satisfy the minimum academic requirements for admission to
your program.
Example 1: Janet, who was schooled at home between grades 9 and 12, has
applied for admission to the PCS School. Her home school program satisfied all
applicable state requirements; her parents registered her as a home school
student with their local Education Service District and had her take a nationally
normed test in grade 10 (on which she scored in the 90th percentile). Janet’s
home school program even used a regionally accredited home school curriculum.
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In order to be admitted to the PCS School, applicants must have a high school
diploma, GED, or a secondary diploma from an accredited home school program.
Because Janet’s diploma was from an accredited home school program, she’s
eligible for admission to the PCS School.
Example 2: The year after Janet was admitted, the PCS School decides that it
will no longer accept secondary diplomas from accredited home school programs
and changes its policy to require that applicants possess either a high school
diploma or a GED. After the School changes its admissions policy, LaToya,
Janet’s sister, applies for admission. LaToya, like her sister, was home schooled
for grades 9 through 12 in a regionally accredited home school program and
scored in the 90th percentile on her 10th grade nationally normed test. However,
because LaToya does not possess either a high school diploma or a GED she is
not eligible for admission under the School’s admissions policy.
Can I refuse to admit an applicant for admission because he or she has a
disability?
No, you may not refuse to admit an applicant for admission because he or she has a
disability, nor may you refuse to admit an applicant for admission because you believe
his or her disability will make it difficult or impossible for the applicant to obtain
employment in the field for which you are training students to enter.
For purposes of Title III of the federal Americans with Disabilities Act, as amended by
the ADA Amendments Act of 2008, and Oregon Revised Statutes chapters 659 and
659A, career schools are places of public accommodation. This means that they offer
services, such as education and career training, to the general public. Under both 42
USC § 12182 and ORS 659A.142, it is an unlawful practice for a place of public
accommodation, such as a career school, to discriminate against an individual with a
disability.
The U.S. Department of Justice has addressed the responsibilities that career schools
and other private institutions of post-secondary education have towards individuals with
disabilities in its administrative rules implementing Title III of the ADA, specifically 28
CFR § 36.309(a). That rule provides that “[a]ny private entity that offers…courses
related to applications, licensing, certification, or credentialing for…postsecondary
education, professional, or trade purposes shall offer such…courses in a place and
manner accessible to persons with disabilities or offer alternative accessible
arrangements…”
Career schools and other public accommodations must make reasonable modifications
in their policies, practices, or procedures when those modifications are necessary to
“afford goods services, facilities, privileges, advantages, or accommodations to
individuals with disabilities…” 28 CFR § 36.302(a). The purpose of making reasonable
modifications is to ensure that individuals with disabilities can enjoy a similar experience
as that enjoyed by individuals without disabilities.
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It would be discriminatory for a career school to deny an applicant admission, or refuse
to enroll a student in an instructional program, for the sole reason that the applicant or
student has a disability. You do not, however, have to admit or enroll an unqualified
individual simply because he or she has a disability. See the Do I have to admit an
individual with a disability, even if he or she isn’t qualified? section of this FAQ for more
information.
We strongly recommend and advise that you consult with your own private legal
counsel to ensure that you, your staff, and your school are in compliance with applicable
state and federal requirements regarding physical access, as well as prohibitions on the
exclusion, segregation, and unequal treatment of individuals with disabilities. Your
private legal counsel can also assist you with identifying and developing reasonable
modifications you can make to accommodate potential students with disabilities.
Can I refuse to admit an applicant if I think his or her disability will make it
difficult or impossible for the applicant to find a job in the field I’m training
students to enter?
No, you can’t refuse to admit an individual with a disability simply because you believe
that the individual’s disability will make it difficult or impossible for that individual to find
a job in the field you’re training students to enter. Doing so would be a violation of Title
III of the Americans with Disabilities Act. You should base admissions decisions on
whether a student satisfies your admissions criteria. Let a future employer make the
decision as to whether someone is qualified for a certain position at the employer’s
business.
You can, however, connect your school’s admissions criteria and curriculum to the
standards and competencies of the field in which you are preparing students to enter.
For example, a commercial truck driving school could incorporate requirements for
obtaining a commercial driver’s license into its admissions criteria and curriculum, such
as possessing a valid driver’s license, passing a vision exam, driving a 16 wheeler on a
test course, and being able to read and understand communication devices such as
stop lights, street signs, and audible warning devices. But your school cannot adopt
admissions criteria for the purpose of denying admission to individuals with disabilities,
such as adopting a requirement that applicants be able to walk without assistance so
that the school doesn’t have to admit anyone who uses a cane or wheelchair.
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Providing services to individuals with disabilities
What do you mean by “individual with a disability?”
An individual will be considered to have a disability if he or she (1)(a) has a physical or
mental impairment (2) that substantially limits (3) one or more major life activities. An
individual will also be considered to have a disability if he or she (1)(b) has a record of
such an impairment, or (1)(c) is regarded as having such an impairment. (For more
information, see the “Who would be a person with “a record of a physical or mental
impairment?”” and “When is a person regarded as having a physical or mental
impairment that substantially limits a major life activity?” subsections of this entry for
more information.)
The phrase ‘physical or mental impairment’ is defined at 28 CFR § 36.104(1). It means
“[a]ny physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more…” identified body systems, any mental or psychological disorder,
and diseases and conditions. A non-exhaustive list of physical or mental impairments is
provided at 28 CFR § 3.104(1)(i) through (iii), and includes, but is not limited to,
orthopedic impairments, cancer, learning disabilities, heart disease, epilepsy, drug
addiction, and alcoholism.
The phrase ‘major life activities’ is defined at 28 CFR § 36.104(2) and includes, but is
not limited to, “function[s] such as caring for one’s self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.” Federal courts
have recognized that, at least for purposes of Title I of the ADA, ‘major life activities’
also include interacting with others. See, e.g., McAlindin v. County of San Diego, 192
F.3d 1226, 1234 (9th Cir. 1999); Hoang v. Fargo Bank, 724 F.Supp.2d 1094, 1103 (D.
Or. 2010).
(Under Oregon’s prohibition of discrimination against individuals with disabilities by
public accommodations (ORS 659A.142), the list of ‘major life activities’ is more detailed
and includes communicating, working, socializing, and interacting with others. ORS
659A.104(2).)
A physical or mental impairment can be considered to be a ‘substantial limitation’ when
it affects or restricts an individual’s ability to perform or engage in major life activities in
comparison to most other people. For example, an infected hangnail would probably not
qualify as a physical impairment because, while that person might experience some
discomfort, he or she wouldn’t be restricted from performing or engaging in any major
life activities. However, epilepsy probably would qualify as a physical or mental
impairment.
Determining whether a person has a physical or mental impairment does not involve
considering whether the person uses a device or any measures to mitigate or
ameliorate the effects of his or her impairment. A blind person who can read Braille is
still blind, and a person who uses a prosthetic limb has still experienced an anatomical
loss. You can, however, take into consideration a person’s use of eyeglasses and
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contact lenses if they are used to “fully correct acuity or to eliminate refractive error.”
(Common refractive errors identified by the U.S. National Library of Medicine are
nearsightedness, farsightedness, and astigmatism.) Eyeglasses and contact lenses are
not considered to be low-vision devices.
See the section titled “Do I have to accommodate a person who uses a service animal?”
for information about accommodating individuals who use a service animal.
Who would be a person with “a record of a physical or mental impairment?”
Typically, this covers two groups. The first group is made up of people who have
recovered from a physical or mental impairment that substantially limited one or more
major life activities. People in this first group may have experienced discrimination on
the basis of an old impairment from which they have recovered or that no longer
substantially limits a major life activity, or because they have a history of having a
physical or mental impairment. People in the second group are those who have been
misclassified as having such impairment, such as those who have been misclassified as
having mental retardation.
When is a person regarded as having a physical or mental impairment that
substantially limits a major life activity?
A person is regarded as having an impairment (1) if he or she has a physical or mental
impairment, even though that impairment does not substantially limit a major life activity,
if it “is treated by a private entity as constituting such a limitation,” (2) if he or she
experiences a substantial limitation on a major life activity as a result of other peoples’
attitudes towards, or beliefs regarding, the person’s impairment, or (3) an entity treats
him or her as having such an impairment, even though the person doesn’t have one.
Example 1: Brian, a student in the PCS School’s truck driving program, has
asthma, but that impairment doesn’t substantially limit his ability to drive a motor
vehicle. Unfortunately, Andrea, the truck driving instructor, thinks that it does,
which is why she initially discouraged Brian from enrolling in the program and
now doesn’t let him drive the school’s truck on the test course. She is
discriminating against him based on her mistaken belief that his physical
impairment limits a major life activity and it is because of her discrimination that
Brian’s ability to learn and participate in the class has been substantially limited.
Example 2: Ainsley does not have a physical or mental impairment, but she does
have facial scars as a result of an auto collision she survived many years ago.
Some of her instructors in the PCS School’s cosmetology program have
assumed that her facial scars are a sign of a physical disability; others think that
her scars will scare away potential students. So, Ainsley’s instructors exclude her
from working with chemical solutions used in hair treatments and keep her at
stations located away from the front desk where she might encounter applicants
for admission and potential customers. Even though Ainsley doesn’t have a
physical or mental impairment, her instructors treat her as though she does and
their treatment of her is substantially limiting her ability to participate in the
school’s cosmetology program.
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What do I do if an applicant or a student tells me that he or she has a
disability?
If either an applicant for admission or an enrolled student informs you that he or she has
a disability, take that as an invitation to engage in a conversation with him or her about
the essential elements or functions of the instructional program the applicant or student
wants to enter, or has entered, and whether there are any barriers which would prevent
that applicant or student from entering or participating in the class, or gaining equal
access to the instruction offered.
There are many different types of barriers that could prevent an applicant or student
from gaining equal access to the instruction offered at your school. There could be
physical barriers, like a classroom that can only be reached by climbing a flight of stairs
or lab stations that aren’t wheelchair accessible. There could be non-physical barriers,
too. For example, instructions that are only provided orally could present a barrier to
someone who is hard of hearing or deaf. Even school policies could be a barrier, if they
prevent the applicant or student from gaining equal access to the instruction offered.
(For more information about requesting a modification, please see the “As a student,
how can I request a reasonable modification from my school?” section of this FAQ.)
The applicant or student may make a request for a reasonable modification or
accommodation at this time. Keep in mind that an applicant or a student can make a
request without actually using the terms “reasonable modification” or “reasonable
accommodation.” (For more information about reasonable modifications and
accommodations, see the “What’s the difference between a “reasonable modification”
and a “reasonable accommodation?”” and “What’s a “reasonable modification?””
sections of this FAQ. For more information about requesting a modification, see the “As
a student, how can I request a reasonable modification from my school?” section of
this FAQ.)
To accommodate an individual with a disability, a public accommodation may need to
modify its policies, practices, or procedures. For example, a movie theater may need to
modify its policies to ensure that the companion of an individual who uses a wheelchair
receives priority for companion seats located next to wheelchair accessible seating so
that the two people can sit together during the movie. Or a theme park may need to
modify its policies prohibiting the use of Segways to allow a guest with a disability to use
his or her Segway at the park, if the guest requests permission to use his or her Segway
and his or her use of the Segway would provide the guest with an experience like that
enjoyed by guests without a disability.
However, a career school would not have to provide a requested modification if doing
so would (1) fundamentally alter the nature of the instructional program offered, (2) pose
a danger to others, or (3) impose an undue burden on the school. (For more information
about providing reasonable modifications, please see the “What’s a “reasonable
modification?”” section of this FAQ.)
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More may be expected of a career school when it is acting as a public accommodation
and making a reasonable modification in response to a student’s request then when it is
acting as an employer and making a reasonable accommodation in response to an
employee’s request. We strongly recommend that you consult with your own private
legal counsel regarding the difference between these two standards, your duties under
Titles I and III of the ADA and ORS chapters 650 and 659A, and for assistance
identifying or advice concerning possible modifications you can reasonably make to
your instructional program to accommodate individuals with disabilities.
As a student, how can I request a reasonable modification from my school?
An applicant for admission or an enrolled student can make a request for a modification
at any time. The request could be made in writing or orally.
We do recommend that applicants and students make their requests as soon as they
become aware that they need an accommodation. This will allow them to engage in a
conversation with their school’s administration about what modifications are necessary
and reasonable. The earlier this conversation occurs, the more time the student and
school have to reach an agreement about the modification that will be provided and
then put that modification into place.
The purposes of this conversation, which are also described in the “What do I do if an
applicant or a student tells me that he or she has a disability?” section of this FAQ,
include, but are not limited to, (1) identifying the applicant’s or student’s disability and
need, (2) identifying possible modifications the career school could make to
accommodate the applicant or student, and (3) helping the school determine which
modifications would not impose an undue burden, pose a danger to others, or
fundamentally alter the nature of the instructional program.
The goal of this interactive process is to find a reasonable modification that will
accommodate the student’s disability and enable him or her to do those essential
elements of the instructional program and enjoy an experience that is similar to that
enjoyed by students without disabilities. (For more information about identifying the
essential elements of your instructional program, see the “
Do I have to admit an individual with a disability, even if he or she isn’t qualified?”
section of this FAQ. More information about providing reasonable modifications is
provided in the “What’s a “reasonable modification?”” section of this FAQ.)
A career school can require that an applicant or student provide documentation of his or
her disability, but that requirement must be (1) reasonable and (2) limited to his or her
need for a modification, accommodation, or any aid or service he or she has requested.
We strongly recommend that career schools consult with their own private legal counsel
to ensure that they and their staffs are in compliance with applicable provisions of the
Americans with Disabilities Act and ORS chapters 659 and 659A. Private legal counsel
can also assist you in identifying potential modifications you could make to
accommodate applicants and students.
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Do I have to admit an individual with a disability, even if he or she isn’t
qualified?
No, you do not have to admit or enroll anyone who is not qualified; however, you can’t
use a qualification standard for the purpose of screening out individuals with disabilities
unless that qualification standard is (1) necessary for providing the training offered by
your school, or (2) a legitimate safety requirement.
Before admitting or enrolling any students, review your curriculum and break it down
into its essential tasks, functions, or elements and non-essential tasks, functions, or
elements. In identifying the essential elements of your curriculum concentrate on what
your students need to learn and do, as opposed to how the program is traditionally
taught or how assignments are usually performed. The essential tasks, functions, or
elements of an instructional program are those that are necessary to complete the
program; any other tasks, functions, or elements are non-essential.
All applicants for admission and all enrolled students should be able to perform the
essential elements of your curriculum and if an applicant with a disability can perform
those tasks, with or without a reasonable modification, then he or she should be
considered for admission like any other applicant. You are not required to admit an
applicant who, even with an accommodation, cannot perform the essential tasks of your
instructional program; however, if an applicant with a disability cannot perform a nonessential element of your program, you can’t use that as grounds for denying him or her
entry to that program. If a student requests that you modify his or her instructional
program to eliminate an essential element, and doing so would fundamentally alter the
nature of the program, you wouldn’t need to provide that modification.
Example: Nick teaches the Culinary Arts program at the PCS School. Students
enrolled in the Culinary Arts program learn different methods of cutting or dicing
foods, such as julienne, allumette, and brunoise. The essential elements of the
program include: being able to grab and hold a knife, position and hold the
vegetables or pieces of meat being cut, and use a knife to cut the food. As a
student, Nick learned to do this while standing in front of a cutting board, and that
is how he teaches his students. Of course, a student doesn’t need to be standing
in front of a cutting board in order to perform the essential elements of Nick’s
class. Since standing in front of cutting board isn’t related to the essential
elements of the program, it is a non-essential element.
Nora wants to enroll in Nick’s Culinary Arts program, but Nick is reluctant to
accept her because she uses a wheelchair and cannot stand in front of a cutting
board. She can, however, grab and hold a knife, position and hold food on a
cutting board, and use the knife to cut various types of food. Nora can perform
the essential elements of the program, so Nick can’t refuse to let her into the
class because she can’t perform a non-essential element of the class (standing
in front of a cutting board).
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The Technical Assistance for Employers Division at the Oregon Bureau of Labor and
Industries may be able to provide you with more information about providing reasonable
modifications to applicants and students, and reasonable accommodations for your own
employees. We strongly recommend and advise that you consult with your own private
legal counsel to ensure that you, your staff, and your school are in compliance with
applicable state and federal requirements regarding physical access, as well as
prohibitions on the exclusion, segregation, and unequal treatment of individuals with
disabilities. Your legal counsel may also be able to assist you in developing reasonable
modifications to your program or accommodations for your students. More information is
also available in the “What’s a “reasonable modification?”” and “What do I do if an
applicant or a student tells me that he or she has a disability?” sections of this FAQ.
What’s the difference between a “reasonable modification” and a “reasonable
accommodation?”
The two phrases are used in different titles of the Americans with Disabilities Act (ADA).
“Reasonable modification” comes from Title III of the ADA, 42 USC § 12182(b)(2)(A)(ii),
which applies to public accommodations, such as career schools, and provides that
discrimination includes failing to “make reasonable modification in policies, practices, or
procedures, when such modifications are necessary to afford such goods, services,
facilities, privileges, advantages, or accommodations to individuals with disabilities…”
“Reasonable accommodation” comes from Title I of the ADA, which concerns
employment, as well as the Rehabilitation Act of 1973, 29 USC § 794.
The Ninth Circuit Court of Appeals has held that “[a]lthough Title [III] of the ADA uses
the term ‘reasonable modification’ rather than ‘reasonable accommodation,’ these terms
do not differ in the standards they create.” Wong v. Regents of the Univ. of Cal., 192
F.3d 807, 816 n. 26 (9th Cir. 1999); see also Fortyune v. American Multi-Cinema, Inc.,
364 F.3d 1075, 1083 (9th Cir. 2004) (quoting Wong).
So, to accommodate an individual with a disability, a public accommodation may need
to modify its policies, practices, or procedures. For example, a movie theater may need
to modify its policies to ensure that the companion of an individual with a disability
receives priority for companion seats located next to accessible seating so the two
people can sit together during a movie. And a theme park may need to modify its policy
prohibiting the use of Segways if a guest with a disability requests permission to use her
Segway at the park and her use of it would provide her with an experience like that
enjoyed by an individual without a disability. But you do not have to provide a
modification if doing so would fundamentally alter the instructional program offered,
pose a danger to others, or impose an undue burden on your school. (For more
information about providing modifications, please see the “What’s a “reasonable
modification?”” section of this FAQ.)
More may be expected of a career school when it is making a reasonable modification
of its policies, practices, or procedures to accommodate a student with a disability, than
when it is providing a reasonable accommodation to an employee. We strongly
recommend that you consult with your own private legal counsel regarding the
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difference between these two standards, and for advice concerning possible
modifications you could reasonably make to your instructional programs to
accommodate students with disabilities.
What’s a “reasonable modification?”
Title III of the Americans with Disabilities Act, the ADA, provides that public
accommodations, like career schools, have a duty to provide “reasonable modifications
in their policies, practices, or procedures when such modifications are necessary to
afford such goods, services, facilities, privileges, advantages, or accommodations to
individuals with disabilities…” 42 USC § 12182(b)(2)(A)(ii).
A modification can be a change in the school environment, in the way classes are
taught, or even in the school’s policies or procedures that enables an individual with a
disability to participate equally in the offered instructional program. It needn’t be
expensive or difficult to provide. For example, a school could provide a desk that can be
raised or lowered for use by a student who uses a wheelchair, instructions could be
provided in writing to a student who is deaf or hard of hearing, or a teacher could allow
a dyslexic student more time to take a written exam.
A modification is not reasonable if it:



Creates an undue financial or administrative burden;
Creates a direct threat to the health and safety of the individual with a disability or
others; or
Fundamentally alters the nature of the instructional program.
What’s an “undue financial or administrative burden?”
“Undue burden” means that a modification would impose a significant difficulty or
expense on the career school. The process of determining whether a modification would
create an undue burden is very fact-specific and individualized. 28 CFR § 36.104.
Example 1: A career school with annual tuition income of $25,000 might find it
very difficult to accommodate a student by providing a modification that costs
$1,000; however, providing that same modification wouldn’t present a difficulty to
a career school with annual tuition income of $25 million. In this example, the
career school with annual tuition income of $25,000 would likely face an undue
financial burden if it were to provide an accommodation that cost $1,000.
Example 2: A career school offers a 20 hour instructional program over a period
of two days. Each class must start at 8:00 a.m. and end at 7:00 p.m. Instructors
review and grade students’ work the day after classes end and begin preparing
for the next session on the following day. In a system with such a rigid schedule,
a student’s request for an extra day to complete an assignment or exam may
constitute an undue administrative burden that would significantly increase the
difficulties encountered by the company in administering or operating its
program.
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(There are federal tax incentives available for businesses of all sizes that can offset
some of the costs you incur eliminating certain barriers to individuals with disabilities.
The U.S. Department of Justice, Civil Rights Division, has more information available on
its website. Because Oregon’s tax code is linked to the federal tax code, state tax
incentives might also be available. Be sure to consult with your own private legal
counsel and your CPA before claiming the costs of eliminating barriers on either your
state or federal income tax returns.)
How do I determine whether a modification would create a direct threat to the
health and safety of an individual with a disability or others?
It’s based on an individual assessment that relies on either medical knowledge or the
best available evidence regarding the nature, duration, and severity of the potential risk,
whether it is probable that the potential injury will actually occur, and whether
reasonable modifications or accommodations to policies, practices, or procedures, or
the provision of aids or services, can mitigate the potential risk. 28 CFR § 36.208.
It is not based on unfounded fears, biases, or unsubstantiated beliefs regarding the
individual’s disability or the modification or accommodation requested.
Example 1: Tyrone has been admitted to the PCS School and wants to enroll in
the school’s landscape design program. As part of the program, students must
do a lot of outdoor walking, kneeling, bending, digging, and planting at various
gardens, golf courses, parks, and private residences in town.
Tyrone has a muscular condition that makes it difficult for him to do a lot of
walking, so he uses an electric scooter to help him get around. The school’s
policies prohibit the use of electric scooters, but do allow students to use a
manually powered wheelchair. Tyrone has requested that the school modify its
procedures to allow him to use his scooter. His use of the scooter wouldn’t
fundamentally alter the nature of the program; Tyrone would be able to kneel,
bend, dig, and plant flowers and shrubs like his fellow students.
The question left is: would his use of the scooter pose a safety concern? To
answer that question, the school’s staff will look at factors such as the scooter
Tyrone proposes to use, including its size, weight, and speed, the pedestrian
traffic and hazards at the various sites the students will visit as part of the class,
and whether the school will need to adopt reasonable, legitimate safety
requirements regarding the scooter’s operation, e.g., it can’t be used above a
certain speed, say 5 miles per hour.
Example 2: Hwa has applied for admission to the PCS School and wants to
enroll in the school’s court stenographer program. She has satisfied all of the
school’s admissions criteria and is eligible for admission. But the school is
reluctant to admit her, not because she’s blind, but because she insists on
bringing her guide dog to school.
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Hwa’s guide dog, Killer, is a mean looking German Shepherd. He wears a
harness that features a black leather collar studded with metal spikes. The
committee members are reluctant to admit Hwa because they’re concerned that
Killer might live up to his name. What the committee doesn’t know is that Killer,
while an excellent guide dog, is not only incredibly patient and gentle, but also a
big, ol’ scaredy cat who was once frightened by his own shadow. The
committee’s concern that Killer poses a direct threat to the health and safety of
the students in the stenographer program is based on nothing more than their
unfounded fears and unsubstantiated beliefs.
Let’s add another twist. Let’s say that the committee is aware that at least one
student who has already enrolled in the program is allergic to dogs and another
is terribly afraid of dogs. The committee can’t prevent Hwa from using Killer if one
of her classmates is allergic to dogs and another is terribly afraid of dogs.
Instead, the school will have to take steps to accommodate all three students.
For more information, see the “What do I do if a student has a guide dog and
another student is allergic or afraid of dogs?” section of this FAQ.
When does a modification fundamentally alter an instructional program?
Look at the essential elements of your instructional program. If a modification request
would require that you modify or eliminate an essential element, rather than enable the
applicant or student to perform that element, then the requested modification would
likely fundamentally alter the nature of your instructional program. 28 CFR § 36.302.
Do I have to accommodate a person who uses a service animal?
Yes, you do. As provided in 28 CFR § 36.302(c)(1), a public accommodation, such as a
career school, “shall modify policies, practices, or procedures to permit the use of a
service animal by an individual with a disability.”
An individual with a disability who attends a career school must be allowed to be
accompanied by his or her service animal in all school areas where “members of the
public, program participants, clients, customers, patrons, or invitees, as relevant, are
allowed to go.” 28 CFR § 36.302(c)(7). So, a career school would have to allow a
student to be accompanied by her service animal in the classroom and the lunch room;
however, it may be appropriate to exclude a service animal from a manufacturing
school’s cleanroom or a phlebotomy school’s sterile lab.
You cannot condition an individual’s use of a service animal on the payment of a fee or
surcharge, or compliance with a policy that only applies to people accompanied by a
pet. However, if you normally charge individuals for the damage they cause, you can
charge an individual with a disability for any damage caused by his or her service
animal. 28 CFR § 36.302(c)(8). (If you do have such a policy, be sure to publish it in
your student catalog.)
The individual who is using or accompanied by the service animal is responsible for the
care and supervision of it, not your school. A service animal must be under the control
of its handler. If a handler does not maintain control of his or her service animal, or
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doesn’t take effective action to control it, you may ask the individual to remove the
service animal from your premises. You may also ask the individual to remove the
service animal if it is not housebroken. 28 CFR § 36.302(c)(4) and (5).
If you exclude a service animal because it isn’t housebroken, or because it isn’t allowed
in a sterile lab environment, then you must “give the individual with a disability the
opportunity to obtain goods, services, and accommodations without having the service
animal on the premises.” 28 CFR § 36.302(c)(3). That means you may need to make
other modifications in order to accommodate a student with a disability.
We strongly recommend that you consult with your own private legal counsel regarding
possible modifications that could be made to your program to accommodate the needs
of a student who uses a service animal, as well as for assistance with drafting school
policies to accommodate students who use service animals.
What is a service animal?
The term “service animal” is defined at 28 CFR § 36.104 as “any dog that is individually
trained to do work or perform tasks for the benefit of an individual with a disability,
including physical, sensory, psychiatric, intellectual, or other mental disability.”
Common examples of service animals include:
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Seeing eye dogs that assist individuals who are blind with navigation;
Guide dogs that alert individuals who are deaf to certain sounds;
Dogs trained to perform tasks, like retrieving medicine or a telephone; and
Dogs that are trained to:
o Assist individuals who experience seizures;
o Provide physical support for individuals with mobility impairments; or
o Prevent impulsive behaviors in individuals with psychiatric or neurological
disabilities.
Please note that a miniature horse can also be a service animal if it has been
individually trained to do work or perform tasks for the benefit of an individual with a
disability. 28 CFR § 36.302(c)(9). If an individual with a disability requests a reasonable
modification so that he or she may be accompanied by his or her miniature horse, you
can consider:
1. The miniature horse’s type, size, and weight, and whether your school facility can
accommodate a miniature horse of that type, size, and weight;
2. Whether the individual with a disability has sufficient control of the miniature
horse;
3. Whether the miniature horse is housebroken; and
4. Whether the miniature horse’s presence would compromise any legitimate safety
requirements that are necessary for safe operation.
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The work or tasks performed by the animal must be related to the individual’s disability.
If the individual uses an animal to deter potential criminals or provide companionship, it
is not a “service animal” for purposes of the ADA.
Can I ask an individual with a disability if they really need a service animal?
No, you can’t. You can, however, ask:
1. “Is the animal required because of a disability?”; and
2. “What task has the animal been trained to perform?”
You can’t require that the individual with a disability provide documentation, such as a
doctor’s note recommending the use of a service animal or a certificate from an agency
that trains and certifies service animals, before they can bring a service animal into your
school.
You shouldn’t ask the two questions printed above if it’s readily apparent that the dog is
trained to assist the individual. For example, if a person who is blind uses a seeing eye
dog, you probably don’t need to ask whether the animal is required because of a
disability or about the tasks the animal performs. 28 CFR § 36.302(c)(6).
What do I do if a student has a guide dog and another student is allergic or
afraid of dogs?
If you have a student who is allergic to dogs, or is afraid of dogs, you can’t use that as a
reason or justification for refusing to provide access or service to an individual with a
disability who uses a service animal. Instead, look for ways to accommodate both
students. Perhaps you can assign them to different classrooms, or schedule their
classes to occur on different days or at different times of the day.
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Student enrollment process
Do all of the terms of an enrollment agreement need to be in writing?
We strongly encourage career schools, applicants for admission, and enrolled students
to put all terms of an enrollment agreement into writing. This protects both the school
and its students, as well as makes it easier for licensing unit staff to help make sure
both parties (1) know what they’ve agreed to do, and (2) are doing what they’ve agreed
to do.
As provided in OAR 581-045-0006(12)(j), a school’s enrollment agreement must include
certain written terms and information, such as the terms of any applicable installment
payment plan and a description of the program in which the student is enrolling. Your
enrollment agreement might include additional terms not addressed in that rule. Those
terms aren’t required to be put in writing, but staff strongly recommend that you do so.
Just because you’ve put the terms into writing doesn’t mean that you can’t come back
later and modify or amend them with another document. Speak with your own private
legal counsel for more information about modifying or amending a contract. Please note
that, as provided in OAR 581-045-0006(12)(k), if you want to amend an existing
enrollment agreement, that amendment has to be negotiated, accepted, and signed by
both the student and a representative of the school.
If, despite our advice, you decide to enter an agreement without first putting all of its
terms in writing, or to amend an existing agreement without putting that amendment into
writing, there are ways to legally enforce those unwritten agreements or changes.
Again, speak with your own private legal counsel for more information.
What’s the difference between an ‘enrollment fee’ and a ‘registration fee?’
As used in our rules, there isn’t one; both terms refer to the same fee and were
previously used interchangeably. This unfortunately caused some confusion for our
licensees and their students, so we’ve decided to choose one term and use it
consistently throughout our rules and publications when referring to this particular fee.
We’ve decided to use “enrollment fee” and are replacing all instances of “registration
fee” with “enrollment fee.” Please let us know if you see a reference to “registration
fees” in our materials and we’ll fix it. For more information about what an enrollment fee
is, please see the “What’s an enrollment fee?” section of this FAQ.
What’s an enrollment fee?
An enrollment fee is that fee charged by a career school for the purpose of covering
those expenses incurred by the school in processing a student’s enrollment agreement
and establishing the student’s file. As provided in OAR 581-045-0001(26), enrollment
fees are capped and may not exceed either $150.00 or 15% of the tuition cost,
whichever is less.
A student’s enrollment fee is refundable if the student withdraws (1) within five days of
enrolling and (2) before the commencement of classes.
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The enrollment fee is not refundable if the student withdraws either more than five
business days from the date he or she enrolled, or after classes have begun.
Can I charge my students an advance deposit before classes start?
Yes, you can. As provided in OAR 581-045-0008(1), a career school may collect an
advance deposit prior to the first day of class, but that advance deposit may not exceed
20% of the cost of the program’s tuition and fees. Program fees include, but are not
limited to, book fees, uniform fees, and supply fees. They do not include fees related to
admission and enrollment, such as fees for background checks or drug checks
submitted as a condition of admittance or enrollment.
A career school cannot collect an advance deposit on or after the first day of class.
For information about collecting tuition payments in advance, please see the “Can I
require that my students pay their tuition in advance?” section of this FAQ.
Can I require that my students pay their tuition in advance?
Yes, under certain circumstances. If your career school’s instructional program is
designed to be completed in one term or four months, whichever is less, your school
can require that students pay the total amount of their tuition and fees on the first day of
class.
But if your career school offers a program that is designed to be more than four months
in length, then your school cannot require that students pay the total amount of their
tuition and fees on the first day of class. Instead, students can only be required to pay
tuition for four months of instruction, or one term, whichever is less, in advance. When a
student has completed 50% of that program, then the school can require payment of the
remaining tuition balance. See OAR 581-045-0008.
If you choose to require that your students pay their tuition in advance, then you need to
include that information in your school catalog and on your enrollment agreement. You
need to include on your enrollment agreement the dates when each advance payment
must be made and the amount of each advance payment.
Example 1: The PCS School offers an acting instructional program that is four
months long. Because it is a short term program, the school can require that
students pay the total amount of tuition and fees on the first day of class.
Example 2: Thanh enrolls in the PCS School’s computer repair program. That
program is designed to run for 12 months. Because it is longer than four months,
the school can’t require that Thanh pay the total amount of her tuition and fees
on the first day of class. Instead, the school can require that she pay tuition for
her first four months of instruction on the first day of class, and then, on the first
day of her fifth month of instruction, require payment of tuition for the next four
months of instruction, and so on.
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Example 3: Ulf is enrolled in the PCS School’s vehicle repair program, a two year
program. He has successfully completed his first year and is ready to start his
second year. His enrollment agreement provides that the school can require that
he pay the full amount of his tuition balance after he completes the first half of his
program. On the first day of his second year, the school can require that he pay
the remaining amount of his tuition balance.
As a student, can I pay my tuition and fees in full before the first day of class?
Yes, you can. A school can’t require that you pay the total amount of your tuition and
fees on the first day of class, unless you’re enrolled in a short-term program, i.e., one
that’s designed to be completed in one term or four months, whichever is less. Students
generally have the right to decide whether they want to pay all of their tuition and fees in
full before the first day of class. However, a school is not required to accept payment in
full before the first day of class. Students who want to pay all of their tuition and fees
before the first day of class should check with their schools to see if that’s allowed.
Career schools cannot require that students pay the full amount of their tuition and fees
before the first day of class. For more information, please see the “Can I charge my
students an advance deposit before classes start?” and “Can I require that my students
pay their tuition in advance?” sections of this FAQ. However, a school can provide
discounts to encourage students to do so. For more information, please see the “As a
student, what’s the difference between a discount and an incentive?” section of this
FAQ.
As a student, will I have an Individual Education Plan (IEP) or a Section 504
plan when I enroll in a career school? In grade school or high school, I
received services under either an IEP or a Section 504 plan.
No, you probably won’t. The Individuals with Disabilities Education Act (IDEA) does not
apply to post-secondary institutions, such as career schools, so you won’t have an IEP
like you did in grade school or high school. Still, it may be helpful to request a copy of
your IEP so you can show it to the disability services coordinator at your career school
when you are discussing modifications they can make to a program to accommodate
you. Your IEP contains information about the services you received, and that
information can help you and your career school develop any modifications you may
need.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., only applies to
those post-secondary institutions that receive federal dollars, such as those schools
participating in federal student aid programs under Title IV of the Higher Education Act
or the G.I. Bill. (The U.S. Department of Education’s administrative rules implementing
Section 504 can be found at 34 C.F.R. Part 104.) A majority of Oregon’s career schools
do not receive federal dollars and so do not have to comply with Section 504. (Those
schools that do receive federal dollars do have to comply with Section 504.)
Even though most career schools in Oregon aren’t subject to Section 504, they all have
to comply with Title III of the ADA and ORS 659A.142. That means they can’t
discriminate against an individual with a disability in admissions or enrollment, and must
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make reasonable modifications to their programs to accommodate students with
disabilities.
In grade school or high school, a parent or guardian may have advocated on your
behalf and participated in developing your IEP or Section 504 plan. But now that you’re
attending a post-secondary institution, you’ll need to become a self-advocate. That
means you’ll need to take on the responsibility for obtaining any necessary paperwork,
meeting with your career school’s disability services coordinator, and requesting any
program modifications.
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Career school policies and procedures
How often do I need to report on my students’ progress?
There isn’t a required minimum number of progress reports you need to provide;
instead, career schools must, as provided in OAR 581-045-0018(3)(h), provide written
progress reports that include, at a minimum, “information on how [each] student is
progressing in areas such as classroom attendance and performance (but not used as
final grades) updated at appropriate intervals.”
So, what’s an appropriate interval? That will depend on the length of your program. But
for almost all programs offered in Oregon, we recommend that schools provide progress
reports to their students at the 25% mark, the 45% mark, and at the 75% mark. This
provides students with regular reports and sufficient opportunity to make necessary
changes in their performance.
Example: Phuong is enrolled in the PCS School’s 35 week Nursing Assistant
program. After he’s completed his 9th week in the program (the 25% mark), his
instructor schedules a time to meet and go over Phuong’s progress to date.
Can I count the time my students spend taking exams or doing homework as
instructional hours?
No, you can’t. Instructional hours are those hours during which your students are
receiving instruction. This can include the time they spend in class listening to lectures
or working on projects. It can include time spent during class reviewing material before
and after an exam, as well as educational outings and work experience, such as internand externships.
You cannot include the time your students spend taking their exams or doing their
homework as instructional hours because your students aren’t receiving instruction
while they take exams or complete their homework, instead they are taking an exam or
completing homework so that you can assess if they are learning and how well they
have learned what you’ve taught.
Can I expel students for using marijuana even if they have a medical
marijuana card?
Yes, you can, but before you expel any students for using medical marijuana, we
recommend that you first consult with your private legal counsel about drafting and
implementing a policy regarding student use of drugs and alcohol.
The Oregon Medical Marijuana Act (OMMA), ORS 475.300 through 475.346 and OAR
333-008-0000 through 333-008-0120, allows qualifying Oregonians to use small
amounts of marijuana for medicinal purposes. The OMMA does this by decriminalizing
the possession, distribution, and manufacture of marijuana by Oregonians who
participate in the state’s medical marijuana program.
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Although the medicinal use of marijuana has been decriminalized in Oregon, marijuana
is still an illegal drug and its use is neither authorized nor protected. Congress does not
recognize that marijuana has any accepted medical use and, for that reason, still
classifies marijuana as a Schedule I drug under the Controlled Substances Act. Federal
law prohibits the possession, distribution, and manufacture of marijuana.
Students who use marijuana under the OMMA may be ineligible to participate in any
state or federal financial aid programs that prohibit recipients from using illegal drugs.
Review any applicable guidelines for participation in those programs and consult with
the officials who administer them.
Many Oregonians who use medical marijuana do so to treat or alleviate suffering
caused by a medical condition or disability. To protect the rights of students with
disabilities and avoid allegations that schools are expelling students based on their
underlying medical conditions or disabilities, rather than their use of marijuana, we
recommend that schools establish their own policies addressing student use of drugs or
alcohol while on-campus, as well as incapacity or impairment caused by drug or alcohol
use that occurs off-campus.
As with all other school policies, if you choose to have a policy regarding student use of
alcohol and controlled substances, it must be in writing and included as part of your
school catalog. We highly recommend that you consult with your own private legal
counsel if you choose to draft such a policy.
What needs to be included in my school’s non-discrimination policy?
Your school will effectively have, at a minimum, three non-discrimination policies:
1. A policy prohibiting discrimination in your admissions process, if you have an
admissions process.
2. A general policy prohibiting discrimination against enrolled students. This general
policy should address discriminatory behavior by students, instructors,
administrators, and other staff. As part of this second policy, you must include a
statement in your catalog that instructors, administrators, and other school staff
who engage in discriminatory conduct against a student will be disciplined
according to the school’s personnel policies.
3. A policy prohibiting discriminatory behavior by the school’s instructors,
administrators, or other staff taken against other school employees and
contractors as well as students that is part of your personnel policies.
You may also want to adopt a policy that prohibits students from engaging in
discriminatory behavior that is directed towards your instructors, administrators, and
other school staff. We recommend that you consult with your own private legal counsel
for assistance in drafting any additional non-discrimination policies, as well as any
policies addressing discriminatory conduct that takes place off-campus, but interferes
with or negatively affects your ability to conduct an instructional program at your school.
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A high school student walked into my school and asked for a catalog. Do I need
to be fingerprinted before I can hand that student a catalog?
No, you don’t. We’ll explain the rule first and then explain why you don’t need to be
fingerprinted if a high school student comes into your school and requests a catalog.
Under OAR 581-045-0003, a career school’s teachers, agents, administrators, and
owners (these people are ‘subject individuals’ for purposes of the rule) need to submit to
a fingerprint-based criminal background check performed by the Oregon Department of
Education if they will have contact with minors on behalf of the school, or if the school
enrolls minors. The Department has interpreted this rule to mean that subject individuals
must be fingerprinted if their school admits minors as students or if the school sends
subject individuals out to recruit or solicit minors for admission at school or career fairs
for minors or events at high schools.
In other words, if the school takes affirmative action to admit or enroll minors, or send its
personnel out of the school to interact with minors, then those subject individuals need
to submit to a fingerprint-based criminal background check.
If a high school student walks into your school to request information about admissions,
or if a teacher calls you about arranging a field trip to tour your facility, then your school
isn’t taking any affirmative action to come into contact with minors and OAR 581-0450003 would not require that the subject individuals working for your school submit to a
fingerprint-based criminal background check. (In these two situations, the minors are
either coming to the school for information, or they are volunteering to be brought there
by and under the supervision of their teacher.)
Can I charge students for their scheduled hours if they are suspended?
Yes, you can. See, e.g., OAR 581-045-0036. We recommend that if you intend to do so
you first publish a statement in your catalog informing students that the school will
charge them for the time they are suspended from school if they are suspended for a
violation of the school’s academic, attendance, or conduct policies.
Do I have to adopt a disaster preparedness policy?
That is not a requirement in Oregon’s career school laws, ORS chapter 345 and OAR
chapter 581, division 45; however, it is possible that it might be a requirement
established by another government agency with regulatory authority over your school,
the organization that accredits your school, or some other entity, such as a voluntary
business or membership association your school belongs to. Please check with those
entities if you are not certain whether you need to adopt a disaster preparedness policy.
Where can I go for assistance in developing a disaster preparedness policy?
There are several resources available to assist you in developing a disaster
preparedness policy. The U.S. Department of Education has a Readiness and
Emergency Management for Schools Technical Assistance Center that provides
emergency management support to institutions of higher education, like career schools.
This support includes, but is not limited to, providing online courses in emergency
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management, technical assistance in developing and implementing emergency and
crisis response plans, and informational publications.
The U.S. Department of Education’s Office of Safe and Healthy Students also provides
information on emergency planning. In 2010, that office published an Action Guide for
Emergency Management at Institutions of Higher Education, which you may find useful.
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Making a complaint about a school
As a student, what do I do if I have a complaint about a school?
The first step in making a complaint is to take advantage of your school’s complaint
resolution process. Each licensed career school in Oregon is required to have a process
for receiving and responding to student complaints. Working with your teacher and other
appropriate school officials can resolve many complaints quickly and effectively.
If that doesn’t work, and your complaint is that the school violated Oregon’s Private
Career School laws, ORS 345.010 to 345.450 or OAR chapter 581, division 45, you can
download a Complaint Form from our website, just click on the “Private Career Schools
– Forms” link. You can also contact us at (503) 947-5751. Let us know if you are a
student, a school employee, or someone else. The more information you can share with
us, the better we can respond to your complaint.
We take each complaint seriously, but don’t have the authority or the ability to respond
to them all. Even if we do have the authority to act, we can’t guarantee that we’ll resolve
the matter in the exact way you wanted it resolved.
If we don’t have authority to act, you may need to file a complaint with a different state
agency, or perhaps a federal agency. Alternatively, you might have to file a complaint
with the school’s corporate parent or, if applicable, the entity that has accredited or
certified your school. You might also have to consider taking the matter to small claims
court.
For information about filing a complaint against a school, see the “How do I file a
complaint against a school?” section of this FAQ.
How do I file a complaint against a school?
If you want to file a formal complaint, then you must send us a completed Complaint
Form, which you can find on our website through the link titled ‘Attending a Private
Career School.’ Even if you’re not making a formal complaint, we may ask you to
provide us with a completed Complaint Form, depending on the subject of your
complaint or the history of the school you’re complaining about.
Don’t assume that your complaint will be handled as a confidential matter. While we do
try to accommodate reasonable requests for confidentiality, we can’t guarantee
confidentiality in all matters because we may need to reveal your name or the nature of
your complaint during a conversation with school personnel or an investigation of the
school itself. Additionally, your complaint could be released in response to a public
records request, unless an exemption applies.
How do I file a complaint under the Americans with Disabilities Act or
Oregon’s disability law, ORS 659.400 et seq.?
If you are an employee of a private career school, a student attending a career school,
or have applied for admission to a career school, and you believe that career school has
discriminated against you because of a real or perceived disability, please let us know
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by filing a complaint form, as discussed in the “How do I file a complaint against a
school?” section of this FAQ.
You can file a complaint under the Americans with Disabilities Act (ADA) by contacting
the U.S. Department of Justice, Civil Rights Division.
You can file a complaint under Oregon’s disability law, ORS 659.400 et seq., by
contacting the Civil Rights Division at the Oregon Bureau of Labor and Industries
(BOLI).
If you file a complaint with BOLI’s Civil Rights Division, please be sure to let us know
and keep us informed about the status of your complaint.
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