State Board of Education Administrative Rule Summary s12

STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY

Title/OAR #: 581-045-0200 Barbering, Hair Design, Esthetics, and Nail Technology; 581-045-0205 Proficiency-based Schools for Barbering, Hair Design, Esthetics, and Nail Technology; 581-045-0054 Transfer Students and Credit for Prior Training or Experience

Date: August 15, 2011

Staff/Office: Teresa Greene / Matt Barber: Office of Educational Improvement and Innovation

New Rule Amend Existing Rule Repeal Rule

Hearing Date: ______Hearings Officer Report Attached

Prompted by: State law changes Federal law changes Other

Action Requested:

First Reading/Second Reading Adoption Adoption/Consent Agenda

PROPOSED/AMENDED RULE SUMMARY: OAR 581-045-0200 is being revised and two new rules are being created to meet three specific needs:

1. Provide clarity and guidance on issues specific to cosmetology schools

2. Create a new rule specific to competency-based cosmetology schools

3. Create a new rule regarding transfer students and the awarding of credit for prior training or experience that applies to all schools regardless of area of career training.

BACKGROUND: ORS chapter 345 gives the State Board of Education broad authority to adopt rules for cosmetology schools; in particular schools who wish to offer a training program based on the demonstration of competency in lieu of tracking clock hours of training. The current rules are not specific enough to provide the guidance necessary to formulate a successful competency-based program. Further, the existing rules are buried in the general cosmetology rule and are difficult to find. Lastly, non-cosmetology schools are allowed to refuse transfer students without any rationale, but cosmetology schools are not. One set of rules on transfer students should apply to all schools. Furthermore, clarification is needed on procedures for assessing prior training and experience and awarding credit.

ISSUES/CONCERNS THAT SURFACED DURING RULE WORK:

1. What is the extent of the state’s authority regarding student debt to a school he or she is transferring from?

DOJ opinion from Gary Cordy indicates ODE has the authority to make rules regarding transfer students regardless of debt status provided they are consistent with the purposes stated in ORS 345.325. Schools have recourse for debt collection through other means than rules specific to private career schools.

CHANGED SINCE LAST BOARD MEETING?

N/A; first read—hasn’t been before board

No; same as last month

Yes – As follows:

STAFF RECOMMENDATION:

Adopt administrative rule at this meeting

Adopt administrative rule at next meeting

No recommendation at this time

581-045-0200

Barbering, Hair Design, Esthetics, and Nail Technology

In addition to OAR 581-045-0001 through 581-045-0190, schools of barbering, hair design, esthetics, and nail technology shall comply with this rule and OAR 581-045-0210.

(1) Minimum hourly training requirements:

(a) For hair design, 1,450 hours;

(b) For barbering, 1,100 hours;

(d) For nail technology, 350 hours; and

(e) In addition to the programs listed above, students are required to successfully complete the following requirements once:

(A) Safety and sanitation, 150 hours; and

(B) Career development, 100 hours.

(2) Individual progress records, as described in OAR 581-045-0018, must be regularly maintained for the purpose of monitoring each student's progress through the instructional program and verifying actual hours of instruction in each certifiable classification.

(a) A record of performance on competency assessments shall be maintained and shared with the student as part of the required student progress reports.

(b) Any competency that is not passed when attempted as determined by the school’s instructional design shall be attempted again by the student only after appropriate remedial instruction.

(A)The number of times a student may attempt to pass a competency assessment will be limited only by the school’s satisfactory academic progress standard.

(B) Additional tuition costs may be assessed per school policy when the accrual of remedial hours to the total number of required program hours results in the need for instructional hours beyond the program minimum to demonstrate mastery of all required program competencies.

Once a student completes the state minimum and the school program requirements, the school shall administer a Department-approved written and practical exam prior to the student taking the State Board exam for licensure. The time required to take the practical exam shall be included as part of the contracted program hours included in the tuition cost.

(3) The Department, with the assistance of a curriculum committee, will develop minimum standards for each certificated program or any combination of programs.

(34) No student shall perform any task in a clinic lab without first having achieved verifiable minimum competence, as determined by the school’s instructional design, for that task. The date of demonstration of minimum competence for a task will be recorded on the same form as the dates and numbers of tasks performed in the clinic lab. The following hours are recommended as a guideline for classroom and laboratory instruction that students should experience prior to any assignment in the clinic lab:

(a) Hair design, 160 hours;

(b) Esthetics, 40 hours;

(d) Barbering, 100 hours.

(45) The sequencing of the instructional program shall determine the type of assignments students will receive in the clinic lab. Clinic lab assignments should, as nearly as possible, reflect the emphasis of the student's current and cumulative theory and laboratory experiences.

(a) Schools shall require students to complete the establish a minimum number of operations for each type of task in the clinic lab as listed on the most current transcripts approved for use by cosmetology schools.

(b) Schools shall establish a and maximum number of operations clinic activities for each type of task required in the clinic lab. These minimums/maximums should show a comparable distribution of activities reflective of industry practice. Only when students have completed the minimum in all areas can they be assigned to clinic activities in excess of the maximums.

(6) As an alternative to section (1) of this rule a competency-based training program that is self-paced may be approved by the Superintendent when the school has developed written requirements which it administers for graduation including:

(a) Clearly defined student performance objectives that measure levels of performance at each level of instruction for each skill/task and knowledge required for students to successfully pass the appropriate practitioner certificate examination and successfully and safely perform on members of the public all services allowed in the certificate classifications;

(b) Individual progress records maintained for the purpose of monitoring each student's progress through the instructional program and recording/verifying actual hours of instruction and performance achievement by each student;

(c) A curriculum design, which the Superintendent determines to be comparable to the Board adopted model curriculum, showing a logical progression of academic and practical training experiences leading to the levels of student performance required for graduation and certification;

(d) The identification of specific levels of competence to be achieved by each student prior to any clinic lab experience that will ensure students have achieved sufficient skill and knowledge to successfully and safely perform assigned tasks on members of the general public;

(e) A diagnosis of each student's beginning level of competency and a prescriptive instructional program for specific competency completion with projected timelines resulting in an estimated program completion date; a copy to be given to the student on commencement of the program and on file in the student's personal file. Revisions to the prescriptive program must be based on recorded performance evaluations and as a result of school/student negotiation. Copies of revisions must be given to the student and on file in the student's academic file;

(f) Assurances that the instructional program will determine the type of assignments that students receive for the clinic lab; that, as nearly as possible, the clinic lab assignments reflect the emphasis of the student's current and cumulative theory and laboratory experiences;

(g) School catalogs and/or student enrollment agreements, that show the average time for students to complete the requirements for the various certificate programs during the previous reporting period;

(h) An annual report at the time of relicensing to the Department showing the actual total hours of instruction received by each student who has completed or left the school during the previous reporting period;

(i) Assurances that no student's competency-based prescriptive training program will be significantly altered or regulated in any way, once the student and the school administration have signed a competency-based agreement; and

(j) When the school informs a student that he/she is competent, the student may elect to leave the school with a diploma at that time or stay in school until he/she has been trained for an amount of time equal to the training hours listed in section (1) of this rule, and no additional tuition may be charged. The student shall notify the school of his/her decision within two weeks of notice of competency.

(57) With the exception of the teacher training program in section (2420) of this rule, a school shall not conduct both fixed-hour and student competency-based training programs in the same school facility concurrently unless the school is in transition from one training program to another. The Department may set a time limit in which the transition must be completed.

(6) All cosmetology schools will follow the rules and procedures outlined in OAR 581-045-0054 regarding acceptance and evaluation of transfer students, and awarding of credit based on prior training or experience.

(8) No school shall enroll a student wishing to transfer hours from a school of barbering, hair design, esthetics, and nail technology in Oregon or out-of-state without first receiving an official transcript properly signed and/or sealed directly from the previous school(s). A school may admit a student on a temporary basis without receiving an official transcript. In no event should a student be considered a graduate until an official transcript from a prior school(s) is in the graduating school's student file. Schools shall evaluate and grant appropriate credit for any education and training students received at state regulated postsecondary schools.

(9) Schools shall validate only their own hours of instruction provided a student but not any hours provided by other schools.

(10) Upon receipt and evaluation of official transcripts from schools previously attended:

(a) Schools shall give full credit for hours earned within the last ten years; and

(b) Schools may grant credit for hours earned prior to the last ten years, if approved by the Superintendent.

(711) No school shall deny a student a record of hours earned. A record of hours does not infer or include the official transcript. An unofficial transcript shall be provided to the student upon request, and shall be marked as unofficial. An unofficial transcript may not be accepted by a school for the purposes of starting instruction of a student who is transferring hours from a previous school, and will not be accepted by the licensing authority for the purposes of taking the licensing examinations.

(812) The school shall have as a minimum the following instructional staff present at all times:

(a) 1-15 students present -- one approved teacher;

(b) 16-30 students present -- two approved teachers; and

(c) One additional approved teacher for each additional 20 students or part thereof. Teachers must be certified in all areas they teach and supervise. When only one teacher is present at the school, clinic lab operations, and classroom instruction shall not occur simultaneously. The lone teacher shall conduct and supervise one or the other, but not both concurrently. Teachers who supervise the clinic lab and/or approve student competency practical performance must be certified in all areas they supervise or approve;

(d) Exceptions to the student to teacher ratios in (a)-(c) may be granted for theory or /lecture classes only. All hands-on practical lab and practical lab and clinic lab classes and activities are required to maintain specified staffing ratios.

(9) 13) The minimum teaching staff, as set forth in these rules, shall not perform administrative or financial aid or any other non-instructional duties during the time that the clinic lab and classroom instruction are taking place concurrently. The school will implement a staffing plan that accommodates these functions, including reception of guests and prospective student inquiries.

(1014) A teacher or student teacher shall not perform any services in the school during school hours except for teaching purposes.

(1115) Schools may use resource persons who are not approved teachers for enrichment of instruction.

(a) Maximum time limits for resource persons are:

(A) Hair design, 170 340 hours;

(B) Esthetics, 50 100 hours;

(D) Barbering, 135 270 hours.

(b) Instruction by resource persons , if provided outside the school premises, must be supervised by a certified teacher whether provided on or off school premises.

(1216) All services performed by students shall take place under the supervision and direction of a certified teacher, according to the staffing ratios and requirements as listed in sections (8) through (11) of this rule.

(a) Services performed at a clinic site other than the school (e.g., a charity or community event) must be supervised by a certified teacher according to the same staffing ratios and requirements as listed in sections (8) through (11) of this rule.

(A) Hours accrued through participation in school sponsored events away from the school site shall be credited towards career development, up to a maximum of 20% of the required hours.

(B) Services performed at a clinic site other than the school as described in this rule shall account for no more than 10% of the minimum number of operations required for program completion.

(b) Clinic lab space must be assigned to students in a manner that facilitates instruction and maintenance of staffing ratios.

(1317) Premises shall be used during school hours only for instructing students and teacher trainees in barbering, hair design, esthetics, or nail technology.

(14) 18) The school shall provide a minimum of 2,800 square feet of total floor space to be allocated as follows;

(a) one work station for each of the first twenty students;

(b) one additional work station for every five students in excess of twenty; and,