††††† 201 KAR 40:080. Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools.

 

††††† RELATES TO: KRS 165A.330(1), 165A.370, 165A.500, 165A.510

††††† STATUTORY AUTHORITY: KRS 165A.340(3), 165A.510

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 165A.500 and 165A.510 authorize the State Board for Proprietary Education to establish the standards for maintenance of student records, schedule of fees charged to students and refund policy, contracts and agreements involving licensed commercial driver license training schools, advertising and solicitation of students by commercial driver license training schools. This administrative regulation establishes these standards for commercial driver license training schools.

 

††††† Section 1. Maintenance of Student Records and Student Roster. (1)(a) Each licensed commercial driver license training school shall maintain a permanent record of instruction given to each student to include the student instructional training progress report cards or sheets, transcripts, student written examination results, and yard and street student skills examination scores for so long as the commercial driver license training school holds a license or conducts business.

††††† (b) If the commercial driver license training school discontinues operation, then the school shall comply with KRS 165A.390(5) and 201 KAR 40:155.

††††† (2) The records to be maintained by the commercial driver license training school shall contain the following:

††††† (a) Name and address of the commercial driver license training school;

††††† (b) Name and address of the student;

††††† (c) A photocopy of, or the number of the studentís Kentucky CDL instruction permit license;

††††† (d) A photocopy of, or the number of the studentís CDL class A drivers license after completion of course requirements and successful completion of license examination requirements administered by the Kentucky State Police;

††††† (e) The type and date of instruction given, whether classroom, yard, street, or behind-the-wheel, including the duration of instruction;

††††† (f) The printed name and signature of the instructor on the student instruction card or progress record sheet or equivalent training record forms;

††††† (g) Studentís completed enrollment application;

††††† (h) Studentís completed student contract or enrollment agreement, including the studentís signature and authorized school officialís signature properly dated;

††††† (i) Financial documents signed by the student including the studentís completed loan agreement and accurate record of all fees paid to the school and government agencies;

††††† (j) Studentís attendance record;

††††† (k) Studentís progress report;

††††† (l) Studentís transcript including all examination grades and skills proficiency competency scores or evaluation received during course of instruction;

††††† (m) Written examination and skills examination, including grade; and

††††† (n) Results of medical fitness examination and DOT-required drug test.

††††† (3) The school shall furnish each commercial driver license training student upon the studentís request a copy of his or her student instruction record if he or she ceases taking instruction at the school.

††††† (4) All student records, school facilities, and school equipment are subject to inspection by the board and its representatives upon request and without prior notice to the school.

 

††††† Section 2. Schedule of Fees Charged to Students and Refund Policy. (1) Each licensed commercial driver license training school shall publish a schedule of fees charged to students for instruction to include as applicable:

††††† (a) Administrative fee;

††††† (b) Registration/application fee;

††††† (c) Tuition for instruction;

††††† (d) Commercial driver license permit fee;

††††† (e) Off-the-road and on-the-road training fees;

††††† (f) Room and board costs; and

††††† (g) Department of Transportation drug test and medical fitness examination.

††††† (2) The schedule of fees shall be published:

††††† (a) In the schoolís catalog, brochure, and Web site;

††††† (b) In the student contract or enrollment agreement; and

††††† (c) Within the schoolís facility by being conspicuously displayed at the school.

††††† (3) Each licensed commercial driver license training school shall establish and adhere to a refund policy to be published:

††††† (a) In the schoolís catalog;

††††† (b) In the student contract or enrollment agreement; and

††††† (c) Within the schoolís facility by being conspicuously displayed at the school.

††††† (4) At least five (5) days before a prospective student signs a contract or enrollment agreement, the commercial driver license school shall provide to the prospective student:

††††† (a) The school catalog;

††††† (b) The student contract or enrollment agreement; and

††††† (c) The student loan agreement, if any.

 

††††† Section 3. Contracts and Agreements Involving Licensed Commercial Driver License Training Schools. (1) Each licensed commercial driver license training school shall:

††††† (a) File and maintain with the board an accurate and current list of those persons authorized by the school to execute student enrollment contracts and student tuition loan agreements on behalf of the licensed commercial driver license training school including a sample of each personís signature;

††††† (b) Provide to each student who enters a contract or agreement with a licensed commercial driver training school a copy of the signed contract or enrollment agreement; and

††††† (c) File the original of each student contract or enrollment agreement in the permanent student record maintained by the school.

††††† (2) All contracts or enrollment executed by the licensed commercial driver license training schools and its students shall contain the following information:

††††† (a) The name and address of the school. If the school is conducted under an assumed name or is operated by a corporation, partnership, or association, the contract or enrollment agreement shall contain the name of the individual owners or names of the officers of the corporation, association, or members of the partnership;

††††† (b) A statement containing the following text in at least fourteen (14) point font: "This constitutes the entire agreement between the school and the student. No verbal agreements or promises shall be recognized by either the school or the student.";

††††† (c) The school refund policy;

††††† (d) A signature and date line for the student and an authorized school official;

††††† (e) A complete description of all fees charged as set forth in Section 2 of this administrative regulation; and

††††† (f) A statement containing the following text in at least fourteen (14) point font: "The Kentucky Revised Statutes and Kentucky Administrative Regulations governing licensed commercial driver training schools shall be available at the facility upon request."

 

††††† Section 4. Advertising and Solicitation of Students by Commercial Driver License Training Schools. (1) A person, school, institution, organization, company, association, or partnership shall not advertise or advertise to recruit students unless licensed by the board.

††††† (2) A licensed commercial driver license training school shall not use any name other than its licensed name, nor shall it advertise or imply that it is "supervised," "recommended," "accredited," or "endorsed" by the Kentucky State Board for Proprietary Education. A school may state "Licensed by the Kentucky State Board for Proprietary Education" in its advertisements.

††††† (3) A licensed commercial driver training school shall not:

††††† (a) Claim nor imply that it guarantees employment upon successful completion of the program;

††††† (b) Guarantee or imply that it guarantees the student will receive a commercial driver license training permit or commercial driver license;

††††† (c) Make any false, misleading, or deceptive claims or guarantees of expected annual income or employee benefits;

††††† (d) Hold itself out as being any type of establishment other than an educational or training establishment;

††††† (e) Use a name that is like or deceptively similar to a name used by another commercial driver license training school;

††††† (f) Advertise or imply that instruction may be given to students who fail the program or examinations without charge to the student unless that instruction without examination is contained in the student contract or enrollment agreement; or

††††† (g) Advertise or solicit in the "help wanted" section of any newspaper or periodical.

††††† (4) A licensed commercial driver license training school shall submit a copy of all advertisements and directory listings to the board at least thirty (30) days prior to the scheduled publishing date.

 

††††† Section 5. Inspections of Commercial Motor Vehicles Used by Commercial Driver License Training Schools, Including Mandatory Equipment and Out-of-Service Criteria. (1) Annual inspection. The school shall maintain a copy of the results of the Kentucky State Policeís annual inspections of the schoolís vehicle inventory, as listed with the board.

††††† (2) In order to be approved, the vehicle shall be:

††††† (a) Owned or leased by the licensed school;

††††† (b) In safe operating condition;

††††† (c) Included on the schoolís liability insurance policy as mandated by KRS 165A.475(1)(d);

††††† (d) Equipped with seat belts for each vehicle occupant as established by KRS 189.125;

††††† (e) Equipped with functioning side-view and rear-view mirrors;

††††† (f) Identified and clearly displayed on the front, sides, and rear of the vehicle, in letters not smaller than six (6) inches in height and in a color vividly contrasting with the color of the vehicle, the following:

††††† 1. Name of the commercial driver license training school; and

††††† 2. Words "Student Driver."

††††† (3) Expiration of safety inspection and notification of vehicle changes. The commercial driver license training school shall:

††††† (a) Maintain proof that the vehicle is inspected by the Kentucky State Police annually and passes the inspection;

††††† (b) Remove from use any vehicle that has not passed the inspection by the Kentucky State Police; and

††††† (c) File with the board written notice if a vehicle has been added or deleted from the schoolís motor vehicle fleet and have submitted to the board a revised insurance policy as mandated by KRS 165A.475(1)(d) no later than five (5) business days from the date that the vehicle was added or deleted from the schoolís motor vehicle fleet. (30 Ky.R. 139; Am. 583; eff. 9-8-2003; 37 Ky.R. 791; 1189; eff. 11-16-2010.)