Sec. 23. Full authorization under this chapter may not be issued unless and until the department finds that the postsecondary proprietary educational institution meets minimum standards that are appropriate to that type or class of postsecondary proprietary educational institution, including the following minimum standards:

(1) The postsecondary proprietary educational institution has a sound financial structure with sufficient resources for continued support.

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Terms Used In Indiana Code 22-4.1-21-23

  • application: means a written request for authorization or an agent's permit on forms supplied by the department. See Indiana Code 22-4.1-21-5
  • authorization: means a formal determination by the department that a:

    Indiana Code 22-4.1-21-2

  • Fraud: Intentional deception resulting in injury to another.
  • postsecondary proprietary educational institution: means a person doing business in Indiana by offering to the public, for a tuition, fee, or charge, instructional or educational services or training in a technical, professional, mechanical, business, or industrial occupation, in the recipient's home, at a designated location, or by mail. See Indiana Code 22-4.1-21-9
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) The postsecondary proprietary educational institution has satisfactory training or educational facilities with sufficient tools, supplies, or equipment and the necessary number of work stations or classrooms to adequately train, instruct, or educate the number of students enrolled or proposed to be enrolled.

(3) The postsecondary proprietary educational institution has an adequate number of qualified instructors or teachers, sufficiently trained by experience or education, to give the instruction, education, or training contemplated.

(4) The advertising and representations made on behalf of the postsecondary proprietary educational institution to prospective students are truthful and free from misrepresentation or fraud.

(5) The charge made for the training, instruction, or education is clearly stated and based upon the services rendered.

(6) The premises and conditions under which the students work and study are sanitary, healthful, and safe according to modern standards.

(7) The postsecondary proprietary educational institution has and follows a refund policy approved by the department.

(8) The owner or chief administrator of the postsecondary proprietary educational institution has not been convicted of a felony.

(9) The owner or chief administrator of the postsecondary proprietary educational institution has not been the owner or chief administrator of a postsecondary proprietary educational institution that has had its authorization revoked or has been closed involuntarily in the five (5) year period preceding the application for authorization. However, if the owner or chief administrator of the postsecondary proprietary educational institution has been the owner or chief administrator of a postsecondary proprietary educational institution that has had its authorization revoked or has been closed involuntarily more than five (5) years before the application for authorization, the department may issue full authorization at the department’s discretion.

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.16; P.L.157-2023, SEC.14.

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