Kentucky Commission on Proprietary Education
Meeting Minutes
August 28, 2013
A regular meeting of the Kentucky State Commission on Proprietary Education was held on August 28, 2013 at the Capitol Plaza Tower in Frankfort, KY.
Members Present
Debby Carter, Brian Gupton, Monica Hall, Jim Jackson, Walter Lee, Sarah Levy, Mary Ann Miller, Leonard Napolitano, Glen Wilham, Thomas O. Zawacki
Staff Present
Steve Wilborn, Michelle McElmurray, Zachary Myers, Ann Hester, Rosemary Holbrook
Call to Order
Chairman “Nappi” Napolitano called the meeting to order at 10:06 am.
Meeting Minutes
A motion was made by Sarah Levy and seconded by Walter Lee to approve the August 28, 2013 meeting minutes. Motion carried.
Executive Director’s Report
43 Transcript Requests Processed
Applications to serve as CDL Instructors ID badges processed 8/26/2013:
James Merritt, Truck America Training
Steven Keen, Intl Truck Driving School
Troy DeBerry, Intl Truck Driving School
Clozell Williams Jr., Napier Truck Driver Training, Inc.
Rodney Abrams, Napier Truck Driver Training, Inc.
Ernest Ohlhauser, Napier Truck Driver Training, Inc.
Aimee Napier, Napier Truck Driver Training, Inc.
Darrell Napier, Napier Truck Driver Training, Inc.
Steve Lester Napier Truck Driver Training, Inc.
Gary Hayslip, Lake Cumberland, Maysville
Theodore Thompson Lake Cumberland, Hopskinsville
Robert Wilson Lake Cumberland, Hopkinsville
Lee Maertz, Lake Cumberland, Hopkinsville
Donald Wilham, Lake Cumberland
John Gray, Lake Cumberland
Richard Shelton, Lake Cumberland
Douglas Underwood, Career Development Center, London
Edward Minton, Career Development Center, London
Nancy Larue, Paducah Truck Driving School
David Grove Napier, Truck Driver Training, Inc.
Merle Smith, Napier Truck Driver Training Inc.
Applications to serve as agents have been approved and processed:
Vivian Ingram, Career Development Center
Kathy Conrad Ross Medical
Kathleen Moher Ross Medical
Sharon Wooten Ross Medical
Rachael Davenport Ross Medical
Craig Duletzke Lincoln College of Technology
Dustin Whitman Lincoln College of Technology
Christopher Beck Wyotech
Patricia Williams Becker Professional Education
Angelica Camacho Interactive College of Technology
Kathy McPherson Truck America Training
Aimee Napier Napier Truck Diver Training
Russell Napier Napier Truck Diver Training
Darrell Napier Napier Truck Diver Training
Patricia DegGeorge, ATA
Dennis Badger, Dennis Badger & Associates
Sharon Angermeier, Home Services
Melissa Sewe,r Brown Mackie
Curtis Varner, Brown Mackie
Amy Pioch, Brown Mackie
McCall Marshall, ATA
Matt Sherfield, ATA
Kyle Riggs, ATA
Jordan Maie,r ATA
Meredith Breslin, ATA
Deborah Cameron, John Casablancas
Chad Wilhoite, Capital Insurance Training
Eric Hurtte, Dental Careers Institute, Madisonville
Cevet Jones, John Casablancas
Amy Watkins, John Casablancas, OH & TN
Carolyn Arn, Maysville Nursing Rehab
Myshayra Herron, Brown Mackie
Brittan Hal,l Ross Medical
Lisa Rich, Ross Medical
Michael Coope,r Lincoln College of Technology
Todd Curtis, Lincoln College of Technology
Allida Williams, Galen College of Nursing
Daniel Squires, Galen College of Nursing
Carol Sweazy, Galen College of Nursing
Terri Thomas, Galen College of Nursing
Gloria Vog,t Galen College of Nursing
William Crane, Galen College of Nursing
Holly Miller Galen College of Nursing
Allyson Testerman Galen College of Nursing
Aumbrea Sanders Galen College of Nursing
Amy Spanyer Galen College of Nursing
Michelle Hellums Galen College of Nursing
Jasmine Montoya Galen College of Nursing
Sandra Carroll Galen College of Nursing
Robert Dale UTI, IL & TX & Nascar
Walter Cuff UTI, IL & TX & Nascar
John Redden UTI, IL & TX & Nascar
Brandon Bunn UTI, IL & TX & Nascar
Kenneth Greenwade UTI, IL & TX and Nascar
Robert Powell UTI, IL & TX & Nascar
Kurt Kasik UTI IL & TX & Nascar
Marissa Williams UTI
Roy Kimble Tulsa Welding
David Starnes Tulsa Welding
Eric Goodson Tulsa Welding
Garrett Milby Tulsa Welding
Spencerian Lexington and Louisville Locations
Karen Swinney
Tifffani Miller
Natalie Slayden
Erin Weis
Candace Kenney
Julie Middleton
Jennifer Myers
Tamara Logsdon
Jerod Bruner
Blake LeBlanc
John Swierc
Megan Rice
Liam Lasos
Paul Bolton
Jeffrey Hachtel
Larry Crowder
Brian Labovitz
Janet Sanford
Amy Collins
Adam Wells
Charmaine Powell
Mandana Bonaccorso
Ron Manry, Licoln College of Technology
Henry Hall, Interactive College of Technology
Susan Bunch, KY Dental Academy
Henry Bunch, KY Dental Academy
LaTura Hopson, Brown Mackie
Deberia Alexander, Brown Mackie
Christine Cheak, Nash
K Brian Erickson, Nascar
Jeffrey Howland, Nascar
Kim Royalty, Nash
Craig Marlin, Nascar
David Tofaute, Knight School
Melissa Collins, New Horizons
Maureen Gallagher, IPA Academy
David Tofaute, Knight School
Candy Deck, Bluegrass Bartending Academy
Patty Tipton, Bluegrass Bartending Academy
Charles Hunsucker, Career Web School
Virginia Day, Bluegrass Academy of Pet Design
Tija Hunter, Dental Career Institute, Paris
Gail Hart, Highter Power Aviation
Jeffrey Howland, Nascar
Craig Marlin, Nascar
Program Revisions Less than 25%
Spencerian College Medical Transcription I
Radiographic Positioning I
Radiographic Positioning II
(Programs discontinued) Clinical Assistant Diploma
Clinical Assistant with Phlebotomy Diploma
Medical Transcription Diploma
Personal Trainer Diploma
Personal Trainer AAS
Cease and Desist Letter sent to the following Institutions:
A-Pass Weikel, Edgewood,
A-Pass Weikel, Lexington
A-Pass Weikel, Louisville
The Computer School, Lexington
Georgetown Nurse Aide Training, Georgetown
Closure Letters sent to the following Institutions:
Professional Career Training Academy, Bowling
Green
(Listed previously incorrectly)
Arnett Dental Assisting Academy, Louisville
Casino Career Academy, Florence
East KY CE, Betsy Lane
Health Care Training School, Campbellsville
Key to Knowledge Training Institute, Frankfort
Operating as a Non-licensed School/ letters sent to the following institutions:
Neal Dental Assisting Academy, Louisville
Images Modeling and Talent Agency, Lexington
Other Misc. Matters:
Alix Adams Modeling School & Talent Agency (Correspondence in members file)
Dale Carnige (Correspondence in members file)
CDL Memo / Debbie Carter inquiry (Memo in members file)
Motion made by Debby Carter and seconded by Glen Wilham to accept and approve the Executive Director’s report. Motion carried.
Discussion Items:
a.) A-Pass Weilkel, Lexington / A-Pass Weikel, Louisville
After relaying the recent history surrounding the Weikel matters before the Commission Executive Director Wilborn recommended the cash Surety Bond tendered by Weikel be accepted and the Cease and Desist Orders be rescinded for A-Pass Weikel, Lexington and A-Pass Weikel, Louisville.
A motion was made by Debby Carter and seconded by Glen Wilham to amend the recommendation to accept the cash surety bond but keep the Cease and Desist orders in effect until new applications were filed on behalf of A-Pass Weikel and approved by the Commission.
Significant discussion ensued among the members of the Commission; Luke Morgan, attorney representing John Weikel on behalf of A-Pass Weikel was allowed to address the Commission. A vote was then taken on Debbie Carter’s motion which was defeated.
A Motion was then made by Jim Jackson and seconded by Mary Ann Miller to adopt the recommendation of Executive Director Wilborn and in so doing accept the Cash Surety Bond tendered by Weikel and rescind the Cease and Desist Orders issued against A-Pass Weikel, Lexington and A-Pass Weikel, Louisville. Motion Carried.
(A copy of the Weikel Cash Surety Bond is attached to these minutes and by reference made a part hereof as if fully set out herein.)
b.) Bluegrass Career and Development (BRRC) Cease and Desist to remain in effect for the CDL portion of the school until CDL instructor paperwork successful completed – non CDL programs will continue to operate.
Mary Ann Miller requested a review of the proper procedures for regulating and licensing a proprietary school that offers both CDL training and other traditional proprietary education programs.
New Resident School
The application of Larock Healthcare Academy, Florence KY to be licensed as a resident school in Kentucky is approved subject to the following condition – no class may be advertised for or conducted with Kentucky students until a site visit has been completed.
Motion made by Walter Lee and seconded by Monica Hall. Motion carried.
New Programs
The applications of WyoTech, Laramie, WY for three new programs (1) Automotive Technology with Off-Road Power, (2) Collision/Refinishing Technology with Off-Road Power and (3) Diesel Technology with Off-Road Power are approved.
Motion made by Brian Gupton and seconded by Glen Wilham. Motion Carried
New Program (Resubmitted) [Incorrectly submitted as a Motion to license a new nonresident school at the July 24, 2013 meeting]
The application of ExamFX, Leawood, KS for a new program, Continuing Education (insurance) is approved subject to the following condition – no class may be advertised for or conducted with Kentucky students until the Kentucky Department of Insurance has given formal approval of the same and that approval has been transmitted to the Kentucky Commission on Proprietary Education.
Motion made by Glen Wilham and seconded by Mary Ann Miller. Motion Carried
Complaint Committee Report
Delta Career Academy
In the matters of Kenneth Huller, Ahmed Omar, and Hamza Makiya vs. Delta Career Academy, Mt. Sterling, KY. Based on a review of the Complaints and Response filed the Committee believes there is sufficient evidence to support a finding in favor of the Huller, Omar, and Makiya and recommends the monies paid by those individuals for tuition in the amount of $4000.00 each be refunded to them by Delta Career Academy as it ceased operations and closed before the students could successfully complete the their CDL training.
Motion made by Jim Jackson and seconded by Glen Wilham. Motion Carried
In the matter of Joshua Ratliff vs. Delta Career Academy, Mt. Sterling, KY upon review of the Complaint the Committee does not believe there is sufficient evidence to support a finding in favor of the Ratliff due to the Complaint having been filed over a year after he first applied to Delta Career Academy; therefore the Committee recommends no further action be taken in this matter.
Motion made by Jim Jackson and seconded by Glen Wilham. Motion Carried
Institute of Dental Technology, Florence
In the matter of Teresa Friedhoff, Deborah Struve, and Candy Clark vs. Institute of Dental Technology (IDT), Florence KY upon review the Complaint, Response and Reply filed in each of these cases the Committee did not find sufficient evidence to support these individuals being reimbursed their tuition; however, two issues were raised which require an additional response from IDT (1) an explanation of the student grievance policy in effect for the school and description of how it was utilized in each of these specific cases, and (2) a status report on equipment in use at the school to include but not be limited to all X-ray machines; therefore the Committee recommends no further action be taken in the matter of Friedhoff, Struve, and Clark vs IDT except that the school be required to respond in writing to the two questions posed by the Committee in its report.
Motion made by Jim Jackson and seconded by Mary Ann Miller. Motion Carried
Nurse Aide Training Center, London
The Complaint Committee reviewed the Complaint, Response, and Reply in the case of Lori Baker vs. Nurse Aide Training, London, KY. Based on that review the Committee recommends to the Kentucky Commission on Proprietary Education as follows: having found the basis of the claim to be a dispute between a former employee/independent contractor and the school; and noting that the facts of the claim have concurrently been submitted to the KY Department of Labor and the KY Attorney General’s office; there being no showing that any student or the public at large was harmed by the closing of Nurse Aide Training, London, KY; and the Committee having further confirmed the school was properly closed, with all student records being made available to the Commission the Complaint of Lori Baker against Nurse Aide Training, London, KY does not constitute a meritorious claim justifying any action by the Commission.
Motion made by Jim Jackson and seconded by Mary Ann Miller. Motion Carried
Future Meeting Dates
A Complaint Committee is scheduled for October 22nd at 1:00 EST, 3rd floor, Capital Plaza Tower.
The Process Committee is scheduled for September 17th at 1:00 pm EST, 3rd floor, Capital Plaza Tower.
Future Commission meetings scheduled for October 23, November 20, and December 18, 2013.
Adjourn
The meeting of the Commission Adjourned at 12:05pm