School Laws of Oklahoma

Chapter 1 - Oklahoma School Code
Article XIX: Private Schools

Section 434. Definitions. (70 O.S. § 21-101)

As used in Sections 21-101 through 21-203 of this title:

1. “Private school” means any privately owned business school, trade school, or other school offering courses to residents of, or correspondence courses from Oklahoma in any business, professional, trade, technical, or industrial occupation for consideration or remuneration. The term private school shall not include barber schools, beauty schools, or other schools which are regulated or licensed pursuant to the provisions of any school licensing law of this state. Any barber schools, beauty schools, or other schools, of their own volition, may apply and be licensed pursuant to the provisions of Section 21-103 of this title if they meet the criteria for approval established by the Oklahoma Board of Private Vocational Schools. Said licensing shall not preclude such schools from complying with any present or future legislation dealing directly with such schools. In addition, such term shall not be construed to include any form of flight instruction subject to regulations promulgated by the Federal Aviation Administration, or to include parochial, private, or other nonpublic schools offering programs of general education, accredited by the State Board of Education or the State Board of Regents for Higher Education;

2. “Board” means the Oklahoma Board of Private Vocational Schools;

3. The term “in-state branch” means any private school located within this state which offers substantially the same curriculum as is offered at its in-state main school; and

4. The term “out-of-state branch” means any out-of-state private school, located in the same state as its main school, which offers substantially the same curriculum as is offered as its main school.

The elements to consider in determining whether an unincorporated, non-profit foundation which sponsors a seminar where an attendance fee is charged is a “private school” for purposes of regulation by the Oklahoma Board of Private Vocational Schools are as follows:

(1) is there a school; (2) is it privately owned; (3) does it offer training in business, professional, trade, technical, or industrial occupation; and (4) does it charge a fee. If all other elements for licensure are present, there is no exemption from licensure for such a school based on the length or frequency of the seminar. However, the rules of the Board permit such a school, where it otherwise falls under the definition of a private vocational school, to be licensed as a seminar. June 25, 1991. (AG Inf. Op. No. 91-535)

Section 435. Oklahoma Board of Private Vocational Schools. (70 O.S. § 21-102)

A. There is hereby re-created the Oklahoma Board of Private Vocational Schools which shall consist of nine (9) members of whom three shall be the Director of the Oklahoma Department of Career and Technology Education, the Chancellor of the Oklahoma State Regents for Higher Education and the State Superintendent of Public Instruction or their designated representatives and of whom six shall be appointed by the Governor of the State of Oklahoma subject to the advice and consent of the Senate. Four persons shall qualify to serve on the Board provided they occupy and have occupied for the past three (3) years executive or managerial positions in private schools located in this state of the type regulated under Sections 21-101 through 21-115 of this title. Two persons shall qualify to serve on said Board provided they occupy and have occupied for the past three (3) years executive or managerial positions in business or industry, not connected with private schools. Each of the six persons shall be appointed for a term of six (6) years. After July 1, 1970, the Governor shall appoint one member for a term of six (6) years, one member for a term of five (5) years, one member for a term of four (4) years, one member for a term of three (3) years, one member for a term of two (2) years and one member for a term of one (1) year.

B. The Board is authorized to appoint and fix the compensation of a director. The Director shall employ and fix the duties and compensation of such clerical or other assistants as are reasonably necessary to effectuate the provisions of Sections 21-101 through 21-115 of this title.

C. Personnel employed by the Oklahoma Board of Private Schools on June 30, 1986, shall become employees of the Oklahoma Board of Private Vocational Schools on July 1, 1986, without change in status as to duties and compensation, including accrual of leave, and eligibility for longevity payments and other benefits of employment except as otherwise provided by law.

Section 436. Private School Licenses. (70 O.S. § 21-103)

A. It shall be unlawful to establish, conduct, operate or maintain a private school or to solicit or canvass for scholarships or tuition to a private school unless a license to operate such school has been issued by the Board and is in effect. The Board shall issue a private school license upon determination that such school meets the standards fixed by the Board. A private school shall be issued only one license, regardless of the number of locations operated by such school.

B. Except as is otherwise provided by law, the Board is authorized, subject to the provisions of the Administrative Procedures Act, to prescribe such penalties as it may deem proper for the enforcement of Sections 21-101 through 21-112 of this title, not to exceed One Thousand Dollars ($1,000.00).

This section requires the Board of Private Vocational Schools to license vocational training provided solely to inmates in a privately operated correctional facility when such training involves a business, professional, trade, technical, or industrial occupation and such training is provided in exchange for consideration or remuneration. January 13, 2000 (AG Op. No. 00-3)

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Section 437. Private School Solicitor’s Permit. (70 O.S. § 21-104)

It shall be unlawful for any person, acting as an agent or representative of a private school giving resident instruction or instruction by correspondence, whether such private school be located inside or outside the State of Oklahoma, to canvass or solicit prospective students in the State of Oklahoma, except on the established and legal premises of said school, for the purpose of selling to such student any scholarship or tuition in the private school, or to take payment £or the same in money, notes or other evidence of indebtedness, unless the private school has been licensed under Section 21-103 of this title, and unless a private school solicitor’s permit for such purpose has been issued to such person.

Section 438. Application for a License or Permit. (70 O.S. § 21-105)

Applications for a private school license or a private school solicitor’s permit shall be filed with the Board in the manner and upon forms from the Board.

Section 439. Expiration and Renewal of Licenses and Permits - Bonds - Fees - Private School Fund - Personnel. (70 O.S. § 21-106)

A. A license issued pursuant to the provisions of Section 21-103 of this title shall expire on June 30 following the date of issue. Said license may be renewed annually with the renewal application due not less than sixty (60) days prior to expiration, if the Board determines that such school remains in compliance with the standards or other requirements set by the Board. The license of any regionally or nationally accredited school within this state may be revoked if the school is found to be in violation of the Oklahoma Statutes.

B. A license of a school shall not be effective unless the private school has filed with the Board a corporate surety bond or a certificate of deposit in a manner and in an amount as is required by the Board.

C. Private schools shall pay the following base fee per license issued by the Board:

1. A fee of One Thousand Two Hundred Dollars ($1,200.00) shall be paid to the Board for the issuance of a new license pursuant to the provisions of Section 21-103 of this title;

2. For each renewal of a license, a fee based on the total tuition collected by the school as shown in the current financial statement of the school shall be paid to the Board as follows:

3. During the first licensing period of a school, a fee of Two Hundred Dollars ($200.00) shall be paid to the Board for the issuance of each solicitor's permit pursuant to the provisions of Section 21-104 of this title. For the second and consecutive licensing periods of the school a fee of One Hundred Dollars ($100.00) shall be paid to the Board for the issuance of each permit and a fee of One Hundred Dollars ($100.00) shall be paid to the Board for each renewal of a permit. In addition to the fees required by this section, each private school shall pay an additional fee of Three Hundred Dollars ($300.00) for each in-state branch and a fee of Three Hundred Dollars ($300.00) for each out-of-state branch. Each branch which is not located in the same state as its main school or which does not offer substantially the same curriculum as is offered at the main school shall be considered to be a separate private school;

4. A fee of Fifty Dollars ($50.00) shall be paid to the Board for the approval of a new catalog or changes to an approved catalog. A fee of Twenty-five Dollars ($25.00) shall be paid to the Board whenever a private school or branch school changes location; and

5. A fee of One Hundred Dollars ($100.00) shall be paid by each school to the Board for attendance at a school workshop by any of the school's personnel. At least one person from each school who is responsible for the operation of the school shall be required to participate in an annual workshop conducted by the Board. The Board shall develop and administer the workshops which emphasize rules relating to relicensing and daily operation of a school. Upon application for a license or renewal of a license, each private school shall designate a main school location.

D. The Board may send licensing inquiry packets to persons requesting information about private school licensing requirements. The fee for each licensing inquiry packet shall be Twenty-five Dollars ($25.00).

E. All fees, penalties and fines collected by the Board pursuant to the provisions of this section and Section 21-103 of this title shall be deposited with the State Treasurer for credit to the Oklahoma Board of Private Vocational Schools Revolving Fund created in Section 4 of this act.

F. If the annual renewal fee is not paid on or before the first day of July, such fee shall become delinquent and the license shall not be renewed except upon payment of a delinquent annual renewal fee. The delinquent annual renewal fee may be assessed in an amount and manner prescribed by the Board, not to exceed Five Hundred Dollars ($500.00).

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Section 440. Minimum Standards. (70 O.S. § 21-107)

The Board shall fix minimum standards for private schools, which shall include standards for courses of instruction and training, qualifications of instructors, financial stability, advertising practices, and refund of tuition fees paid by student for courses of instruction or training not completed, and shall promulgate and adopt reasonable rules and regulations for the implementation of such minimum standards for the operation of private schools.

Oklahoma Board of Private Schools is not required by law to secure and keep student records of a private school that has ceased doing business. December 10, 1979 (AG Op. No. 79-271)

Section 441. Revocation of License or Permit Nontransferability. (70 O.S. § 21-108)

A license or permit issued or renewed under the provisions of this act may, after reasonable notice to the private school and an opportunity to be heard, be revoked by the Board for a failure of the private school to maintain the accreditation or the minimum standards fixed by the Board by which such private school obtained its license, or to maintain the bond required by Section 6 of this act, or for a violation of any of the rules and regulations pertaining to minimum standards of the Board No license or permit issued under this act shall be transferable.

License of accredited school can be revoked when school fails to maintain accreditation, or fails to maintain bond, or violates regulations pertaining to standards of operation. AG Op. March 27, 1971

Section 442. Enforcement of Act. (70 O.S. § 21-109)

The Attorney General or any local prosecuting officer, at the request of the Board or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this act.

Section 443. Judicial Review. (70 O.S. § 21-110)

Any action of the Board respecting the issuance, denial, or revocation of a permit pursuant to Section 3, 4, 5, 6 and 8 of this act shall be subject to judicial review by the district court having jurisdiction.

Section 444. Penalties. (70 O.S. § 21-111)

Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment for a period of time not to exceed thirty (30) days.

Section 445. Tax Status. (70 O.S. § 21-112)

Nothing in this act shall be intended to give these private schools tax exemption status except as provided by law.

Section 445.1. Oklahoma Board of Private Vocational Schools Fund. (70 O.S. § 21-116)

A. There is hereby created in the State Treasury a fund designated the “Oklahoma Board of Private Vocational Schools Fund”. The Fund shall be subject to legislative appropriations and certification by the Board of Equalization. The Fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Board of Private Vocational Schools from all fees and penalties collected by the Board pursuant to Section 21-103, 21-106, and 21-111 of Title 70 of the Oklahoma Statutes or rules promulgated and any other funds obtained or received by the Board. All monies in the Fund shall be used exclusively for the purpose of operations and functions of the Oklahoma Board of Private Vocational Schools.

B. Any balance remaining to the credit of the Private Vocational Student Tuition Recovery Fund which accrued prior to the repeal of the Fund shall be transferred to the Oklahoma Board of Private Vocational Schools Fund created in this section.

Section 446 - 449. (Omitted)

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