Postsecondary Schools and State Authorization

"Operate" means to maintain a physical presence in the state; or provide postsecondary education to an individual who resides in the state. (13-34-101)(11) (R152-34-3)

"Physical presence" does not include a field trip or supervised field experience.

"Supervised field experience" means a student learning experience that occurs at a location in Utah that is not owned, operated, leased, maintained, or controlled by the postsecondary school in which the student is enrolled; primarily involves practical application of previous education; is supervised by a supervisor, mentor, faculty member, or other qualified professional who reports to the postsecondary school in which the student is enrolled; and is part of a program offered by a postsecondary school located outside of Utah in which the student is enrolled.

"Field trip" means a congregation in Utah of students and instructors from a postsecondary school that is not located in Utah for instruction in the subject of enrollment; lasts no more than 10 calendar days; and occurs no more than ten calendar days; and occurs no more than three times per year in the same program.

"Physical presence" means to maintain in the state a physical location where a student receives postsecondary education; or to provide to a student distance postsecondary education from a location in this state. (13-34-101)(12) (R152-34-3)

Physical presence does not include a field trip or supervised field experience.

"Supervised field experience" means a student learning experience that occurs at a location in Utah that is not owned, operated, leased, maintained, or controlled by the postsecondary school in which the student is enrolled; primarily involves practical application of previous education; is supervised by a supervisor, mentor, faculty member, or other qualified professional who reports to the postsecondary school in which the student is enrolled; and is part of a program offered by a postsecondary school located outside of Utah in which the student is enrolled.

"Field trip" means a congregation in Utah of students and instructors from a postsecondary school that is not located in Utah for the instruction in the subject of enrollment; that lasts no more than 10 calendar days; and occurs no more than three times per year in the same program.

Change in ownership means a change to any owner of a postsecondary school, including: sale or merger of a postsecondary school; or any other occurrence that changes whether a person is an owner in accordance with R152-34-3(6).

Owner means a person who directly or indirectly; exercises substantial control over a postsecondary school; or owns or controls at least 20 percent of the ownership interests in a postsecondary school. (R152-34-3)

A separate registration is required for each location a postsecondary school operates unless the postsecondary school is a longstanding nonprofit accredited postsecondary school.

A longstanding nonprofit accredited postsecondary school that has obtained and holds an active registration statement certificate with the Division is not required to submit a separate registration statement for a postsecondary school that: is wholly owned and operated by the longstanding nonprofit accredited postsecondary school; is disclosed in the longstanding nonprofit accredited postsecondary school’s registration statement; and operates as a nonprofit organization. (13-34-201(7)(b))

To be considered a longstanding nonprofit accredited postsecondary school, the postsecondary school must be a nonprofit organization and operated continuously as a nonprofit for at least 20 years. (13-34-101(9))

A postsecondary school must maintain a student’s official transcript and any diploma, degree, or certificate in an electronic format established by the division for not less than 60 years. The educational credentials must be in a separate text-searchable Portable Document Format (PDF) file for each of its students and maintain a consistent file naming convention that allows the file to be identified. (R152-34-8) (13-34-203)(1)(a)

Yes. A postsecondary school bears the burden of proving it is exempt. (13-34-111)

Exemptions:

13-34-111:

(3) A postsecondary school is exempt from Sections 13-34-201 through 13-34-205 if the

postsecondary school:

(a) (i) is an active participant institution in SARA that provides distance education to a person in Utah in accordance with SARA; and

(ii) does not maintain a physical presence in the state;

(b) is owned, controlled, operated, or maintained by a bona fide church or religious

organization that is exempt from property taxation by this state;

(c) is a business organization, trade or professional association, fraternal society, or labor

organization that:

(i) sponsors or conducts postsecondary education primarily for its employees, independent contractors, or members; and

(ii) does not advertise as a school; or

(d) exclusively offers one or more of the following: (i) postsecondary education:

(A) (I) that is avocational, nonvocational, or recreational;

(II) for which the postsecondary school does not represent vocational objectives; and (III) for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma;

(B) (I) that is a prerequisite to obtain or maintain a license or certification issued by a government agency; and

(II) through a postsecondary school that is regulated and licensed, registered, or otherwise approved by a Utah or federal government agency to provide the education; or

(C) (I) for which the postsecondary school charges a student less than an amount established by division rule in any 12-month period; and

(II) for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma;

(ii) preparation for an individual to teach courses or instruction described in Subsection (3)(d)(i) (A);

(iii) courses in English as a second language or other language courses;

(iv) instruction to advance personal development or a general professional skill:

(A) that is not independently sufficient to prepare a person for specific employment; and

(B) for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma;

(v) instruction designed to prepare an individual to run for political office, for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma;

(vi) professional review programs, including certified public accountant or bar examination review and preparation courses; or

(vii) instruction to an apprentice:

(A) as part of an apprenticeship; and

(B) provided by a person who voluntarily conforms to Title 35A, Chapter 6, Apprenticeship Act, in accordance with Section 35A-6-104.

It depends on the division auditor’s review of the financial statements submitted to the Division with the registration.

A postsecondary school required to obtain a registration certificate shall maintain a surety bond, a certificate of deposit, an irrevocable letter of credit or other proof of financial viability specified in the rules. The postsecondary school will need to either demonstrate financial viability or obtain a form of surety in the amount specified in the Rules. (13-34-202) (R152-34-5)

If required, a postsecondary school’s surety bond, certificate of deposit, or irrevocable letter of credit shall be for an amount based on the postsecondary school’s gross tuition revenue, according to the following table:

Amount of Surety Bond, Certificate of Deposit, or Irrevocable Letter of Credit
Gross Tuition Revenue	Maximum Amount
$0.00 - $50,000.00	$12,500.00
$50,000.01 - $100,000.00	$25,000.00
$100,000.01 - $200,000.00	$50,000.00
$200,000.01 - $300,000.00	$75,000.00
$300,000.01 - $400,000.00	$100,000.00
$400,000.01 - $500,000.00	$125,000.00
$500,000.01 - $1,000,000.00	$250,000.00
$1,000,000.01 - $2,000,000.00	$500,000.00
$2,000,000.01 - $5,000,000.00	$1,250,000.00
$5,000,000.01 - $10,000,000.00 or greater	$2,500,000.00

The forms for the surety bond, irrevocable letter of credit and certificate of deposit are located in the postsecondary school section of the Division’s website, dcp.utah.gov.

Required financial documentation depends on your previous year’s fiscal year gross tuition revenue category. If this is an initial application with no prior business activity, alternative documentation is also detailed below in category 4. If a surety is required per the below Q/A notes, refer to the ‘What value of a surety must my institution obtain?’ section.

Institutions with total revenue $500,000 +

Audited financial statements covering 2 out of the last 3 proceeding fiscal years.

Institutions with prior year’s total revenue $250,000.00 - $499,999.99

Audited financial statements covering 2 out of the last 3 proceeding fiscal years.

OR

Reviewed financial statements covering 2 out of the last 3 proceeding fiscal years,

Institutions with prior years total revenue $0.00 - $249,999.99

Audited Financial statements covering 2 out of the last 3 proceeding fiscal years.

OR

Reviewed financial statements covering 2 out of the last 3 proceeding fiscal years.

OR

Unaudited financial statements covering 2 out of the last 3 proceeding fiscal years, personal credit reports for all owners, a business credit report.

Initial applications with no prior business activity

Personal credit reports for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school.
Pro-forma financial statements with corresponding calculations of each projection.

Initial applications with prior business activity under new ownership.

Financial documentation requirements based on prior year’s gross tuition income, as noted in above sections 1 through 3.

The agency has adopted the United State’s Department of Education set standards to determine fiscal responsibility and viability, which includes the calculation of a composite score. The composite score utilizes a weighted average of three key financial ratios to gauge the health of the institution. Institutions that receive federal Title IV funding are already required to calculate a composite score, and no changes will need to be made. Institutions that currently do not maintain a composite score will be provided a 2 year grace period in order to adjust to this requirement, but will need to provide a stated composite score within their audited financials beginning in the 2026 renewal year.

If during the 2024-2025 grace period your school does not calculate a composite score, DCP will accept audited financial statements and will utilize calculated metrics to determine financial viability. These metrics include a current ratio and a debt to equity ratio. If your school’s current ratio falls below a 1.0 AND debt-to-equity ratio calculates a >3.0 or becomes negative for two consecutive years, a surety will be required. The amount of surety will be based on prior fiscal year’s gross tuition revenue, as per the charge in the ‘What value of a surety must my institution obtain, if required?’ sections

For a postsecondary school that in a previous year exceeded a 1.5, but falls between a 1.0 - 1.4 in current year, a surety may be required. In lieu of a surety, a detailed explanation of events causing the reduction of the composite score may be provided, along with a plan of action to improve the composite score in the coming years, and a teach out plan must be maintained. If DCP reviews the submitted documents and is in agreement, the institution may continue to operate within the 1.0 - 1.4 composite score range for a period of 2 years without requiring a surety. If by the 3rd consecutive year the composite score does not rise to a 1.5 or higher, surety will be required, valued based on prior fiscal year’s gross tuition revenue.

Note that if an institution falls below a 1.0 composite score during any review, a surety will be required regardless of past performance.

A postsecondary school that initially calculates its composite score between a 1.0 and 1.4 may be required to obtain a surety. In lieu of a surety, the postsecondary school may provide a detailed explanation of events causing the calculation, along with a plan of action to improve the composite score in the coming years, and a teach out plan must be maintained. If DCP reviews the submitted documents and is in agreement, the postsecondary school may continue to operate within the 1.0 - 1.4 composite score range for a period of 2 years without requiring a surety. If by the 3rd consecutive year the composite score does not rise to a 1.5 or higher, surety will be required, valued based on prior fiscal year’s gross tuition revenue.

Note that if an institution falls below a 1.0 composite score during any review, a surety will be required regardless of past performance.

If the institution only has the prior year’s audited financial statements, please provide unaudited or reviewed financial statements for the preceding year with personal credit reports for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school.. If financial metrics indicate a current ratio under a 1.0 AND negative or 4.0 or higher debt to equity ratio, AND an average middle score of postsecondary school owner(s) is within the (300-579) range, a surety will be required based on the prior fiscal year’s gross tuition revenue.

If the parent company audited financials represent an aggregate of only schools relevant to renewal requirements, then the company may continue to submit audited financials for the parent company, so long as no other unrelated entities are included in the aggregate.

For parent companies whose audited financials include unrelated entities: Beginning 1/1/2026, institutions must include at the very least, condensed consolidated financial statements for each relevant postsecondary school. A 2 year grace period will be allowed for institutions that do not currently include these statements within their audited financials; parent company audited financials will be sufficient for 2024 and 2025 renewals to allow for time for these adjustments.

In updating financial standards, the agency will allow for a 2 year grace period for postsecondary schools to begin obtaining the necessary financial information moving forward. If your postsecondary school does not currently obtain reviewed or audited financial statements, you may provide unaudited financials per Category 3 for renewal years 2024 and 2025. Postsecondary schools within Category 1 and Category 2 will be required to submit the necessary documentation beginning in 2026 renewals.

In order to meet fiscal responsibility requirements, a current ratio must be calculated at a 1.0 or above, and the debt-to-equity ratio must be neither negative nor exceed a 4.0. If both of these metrics are calculated outside of the noted thresholds for 2 consecutive years, a surety will be required based on the previous fiscal year’s gross tuition revenue, per the tier breakdown noted in the ‘What value surety must my institution obtain’ section.

If the institution only has the prior year’s reviewed financial statements, please provide unaudited financial statements for the preceding year with Personal credit reports for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school. If financial metrics indicate a current ratio under a 1.0 AND negative or 3.0 or higher debt to equity ratio, AND an average middle score of postsecondary school owner(s) is within the (300-579) range, a surety will be required based on the prior fiscal year’s gross tuition revenue.

The agency will allow for a 2 year grace period for institutions to begin obtaining the necessary financial information moving forward. If your postsecondary school does not currently obtain reviewed or audited financial statements, you may provide unaudited financials per Category 3 for renewal years 2024 and 2025. Postsecondary schools within category 1 and Category 2 will be required to submit the necessary documentation beginning in 2026 renewals.

Unaudited financials will follow the same standard as reviewed financials, with additional scrutiny as detailed below:

In order to meet fiscal responsibility requirements, a current ratio must be calculated at a 1.0 or above, and the debt-to-equity ratio must be neither negative nor exceed a 3.0. If both of these metrics are calculated outside of the noted thresholds for 2 consecutive years, a surety will be required based on the previous fiscal year’s gross tuition revenue, per the tier breakdown noted in the ‘What value surety must my institution obtain’ section.
An institution that provides unaudited financial statements must also provide personal credit reports for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school.An average of all owner’s middle score will be calculated, if this average falls between 300-579, the postsecondary school must obtain surety based on the previous fiscal year’s gross tuition revenue, per the tier breakdown noted in the ‘What value of surety must my institution obtain’ section.

Whether you must obtain surety for your postsecondary school while completing your initial application will be determined through the review of your personal credit reports. If your personal credit report indicates a credit score between 300 - 579, and a surety will be required. The value of the surety will be tied to your projected gross tuition income; please refer to the surety value tier breakdown here (click to open that section)

Personal credit reports for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school. An average will be calculated between each individual’s middle score to determine if a surety will be required.

Postsecondary schools may submit a Credit Report Authorization form, which consents to the Division running a credit report. If the school falls within gross tuition revenue tiers where credit reports are required, the postsecondary school shall provide a commercial credit report for the postsecondary school and consumer credit reports for each individual with personal credit reports for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school.

A postsecondary school may provide already-generated credit reports for the school and for each personal credit report for each person who directly or indirectly exercises substantial control over a postsecondary school or owns or controls at least 20% of the ownership interests in a postsecondary school. The credit reports must require the following:

For commercial reports, the information must be generated from Experian. If the postsecondary school is registering for the first time, the entity will still need to provide an Experian commercial credit report even if the school has not operated prior to its initial registration.
The consumer reports must be generated from Experian, Equifax, and TransUnion, either by separated reports, or combined into a 3-bureau report
Commercial and consumer reports cannot be older than 2 months from the time they were generated; and

A pro forma financial statement is a projection of your postsecondary school’s key financial metrics prior to operations.

You can find the link to the pro-forma financial statement here.

For postsecondary schools who are initially registering and/or have not been open long enough to complete 1 fiscal year, please provide your completed pro-forma financial statement AND a supplemental calculation sheet which provides insight to each of your projections.

For Postsecondary schools with prior business activity submitting initial applications with new ownership, financial documentation requirements are based on the prior fiscal year’s gross tuition revenue. Because the postsecondary school already has operating history, submitting pro-forma financial projections is not necessary and insufficient.

Depending on the previous year’s gross tuition revenue, please refer to the applicable category below:

Category 1 $500,000 + Gross Tuition Revenue

Category 2 $250,000 - $499,999 Gross Tuition Revenue

Category 3 $0.00 - $249,999 Gross Tuition Revenue

(each of these should be links that bring the reader to the clicked category

Gross Tuition	Maximum Amount
$0.00 - $50,000.00	$12,500.00
$50,000.01 - $100,000.00	$25,000.00
$100,000.01 - $200,000.00	$50,000.00
$200,000.01 - $300,000.00	$75,000.00
$300,000.01 - $400,000.00	$100,000.00
$400,000.01 - $500,000.00	$125,000.00
$500,000.01 - $1,000,000.00	$250,000.00
$1,000,000.01 - $2,000,000.00	$500,000.00
$2,000,000.01 - $5,000,000.00	$1,250,000.00
$5,000,000.01 - $10,000,000.00 or greater	$2,500,000.00

(1)(a) A postsecondary school that has obtained a registration certificate, but has not obtained a state authorization certificate, may not cease operations unless the postsecondary school provides written notice to the division at least 30 days before the day on which the postsecondary school ceases operations that includes:

(i) the day on which the postsecondary school will cease operations;

(ii) a copy of a teach-out plan similar to one defined in 34 C.F.R. SEc. 602.3, or another written plan that describes how students will be impacted by the postsecondary school ceasing operations;

(iii)a current list of students enrolled in the post secondary school:

(A) including the program in which each student is enrolled;

(B) each student’s anticipated graduation date; and

(C) the method of payment the student used to pay the postsecondary school; and

(iv) if the postsecondary school is an accredited postsecondary school,a written certification signed by the postsecondary school’s principal that the postsecondary school is compliant with and will continue to comply with the postsecondary school’s accrediting agency’s closure requirements.

The postsecondary school shall provide official transcripts to the division, upon request. (13-34-205(1)(b))

After a postsecondary school submits the written notice the postsecondary school may not recruit or enroll new students and shall, within 14 days or another period approved by the division, inform its students in writing that it intends to cease operation. (13-34-205(3)(b))

(2) A postsecondary school that has obtained a state authorization certificate may not cease operations unless the postsecondary school provides written notice to the division at least 30 days before the day on which the postsecondary school ceases operations that includes:

(a)the date on which the postsecondary school will cease operations;

(b) a written certification signed by the post secondary school’s principal that the postsecondary school is compliant and will comply with the post secondary school’s accrediting agency’s closure requirements;

(c) and a copy of any teach-out plan, as defined by 34 C.F.R. Sec 602.3, approved by the postsecondary school’s accrediting agency;

(d) and to the extent permitted by law:

(i) a current list of students who are enrolled in the postsecondary school; and

(ii) for each student described in Subsection (2)(d)(i):

(A) the student’ contact information;

(B) the program or programs in which the student is enrolled;

(C) the student’s anticipated graduation date; and

(D) the method of payment the student used to pay the postsecondary school. (13-34-205(2))

After a postsecondary school submits the written notice the postsecondary school may not recruit or enroll new students and shall, within 14 days or another period approved by the division, inform its students in writing that it intends to cease operation.

If a postsecondary school ceases operations and possesses a student’s educational credential, the postsecondary school shall provide for the storage of the educational credential, provide the educational credential to a student in accordance with Section 13-34-110; and, if applicable, make the educational credential available to the same extent that an educational record is available under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99. (13-34-205(4))

A postsecondary school may obtain state authorization for purposes of 34 C.F.R. Sec. 600.9. A state authorization certificate is only issued to postsecondary schools that are accredited by an accrediting agency recognized by the US Department of Education. (13-34-301)

An accredited postsecondary school can obtain a registration certificate or a state authorization certificate. (13-34-102(1)(c))

Unaccredited postsecondary schools can obtain a registration certificate. (13-34-201)

(1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer

Protection, and elsewhere in this chapter, the division director may, for a violation of this

Chapter:

(a) issue a cease and desist order; and

(b) impose an administrative fine of up to:

(i) $250 per day that a postsecondary school operates without an effective registration certificate;

(ii) $1,000 for each violation of Section 13-34-203;

(iii) $2,500 for each violation of this chapter that is not:

(A) described in Subsections (1)(b)(i) or (ii); or

(B) an intentional violation; or

(iv) $5,000 for each intentional violation of this chapter.

(2) A person intentionally violates this chapter if:

(i) the violation occurs after one of the following notifies the person that the person has violated or is violating this chapter:

(A) the division;

(B) the attorney general; or

(C) a district attorney or county attorney; and

(ii) the violation is the same as the violation of which the person was notified under Subsection (2)(a)(i); or

(b) a person violates a cease and desist order the division issues under Subsection (1)(a).

(3) An intentional violation of this chapter is a class B misdemeanor.

(4) The division shall deposit all money the division receives as payment for administrative fines

imposed under Subsection (1)(b) into the Consumer Protection Education and Training Fund

created in Section 13-2-8.

Yes.

13-34-108

(1) A person may not operate a postsecondary school in this state unless the person files with the division a registration statement for the postsecondary school thatcomplies with the requirements of this chapter; and rules made by the division; and the division issues a registration certificate to the postsecondary school; or the postsecondary school is exempt from the requirement to submit a registration statement

under Section 13-34-111.

(2) A person who operates a postsecondary school, a postsecondary school, or a postsecondary school's agent or principal may not omit from a registration statement a material statement of fact required by this chapter or rule made by the division under this chapter; include in a registration statement any material statement of fact that the person, postsecondary school, or the postsecondary school's principal or agent knew or should have known to be false, deceptive, inaccurate, or misleading; in connection with any investigation or request for information made by the division in accordance with this chapter, make any material statement of fact that the person, postsecondary school, or agent knew or should have known to be false, deceptive, inaccurate, or misleading; fail to provide a refund to a student within 30 days of receiving a valid request for a refund;

engage in a deceptive act or practice in connection with offering or providing postsecondary education; make or cause to be made an oral, written, or visual statement or representation that the person who operates a postsecondary school, a postsecondary school, or a postsecondary school's principal or agent knows or should know is false, deceptive, substantially inaccurate, or misleading; or fail to comply with the requirements of this chapter or rule made under this chapter.

(3)

A postsecondary school may not offer, sell, or award an educational credential unless the recipient of the educational credential has received instruction and successfully completed requirements for the educational credential that are commensurate with reasonable standards applicable to the educational credential.

Subsection (3)(a) does not apply to:

an educational credential that is clearly and conspicuously designated as an honorary

educational credential; or a certificate or other award that does not designate enrollment in or successful completion of instruction or requirements to obtain a credential.

(4) A postsecondary school's name shall not contain any reference that is misleading to a student

or the public with respect to the type or nature of the postsecondary school's services,

affiliation, or structure.

(5) A postsecondary school's principal or agent may not misrepresent the principal's or agent's level of educational attainment or other qualification in connection with the postsecondary school's operation.

(6) A postsecondary school may not represent that it is endorsed or approved by the division or the

state.

(7) After a postsecondary school provides notice to the division that the postsecondary school will

cease operations as described in Section 13-34-205, the postsecondary school may not:

(a) advertise, recruit, enroll, or offer services to a new student;

(b) charge an existing student for services beyond those for which the student has already paid or is obligated to pay;

(c) fail to notify a student that the postsecondary school intends to cease operations; or

(d) fail to comply with the requirements of Section 13-34-205.

(8) A violation of this chapter is also a violation of Subsection 13-11-4(1).

Yes, if the division finds that the denial, suspension, or revocation is in the public interest and another reason in 13-34-106.

(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4,

Administrative Procedures Act, the division may initiate adjudicative proceedings to deny,

suspend, or revoke a registration statement, registration certificate, or state authorization

certificate if:

(a) the division finds that the denial, suspension, or revocation is in the public interest; and

(b)

(i) the registration statement is incomplete, false, or misleading;

(ii) the division determines that a postsecondary school's educational credential represents undertaking or completing an educational achievement that has not been undertaken or completed; or

(iii) a postsecondary school or a principal of the postsecondary school has:

(A) violated, caused a violation, or allowed a violation of a provision of:

(I) this chapter;

(II) a rule made by the division under this chapter; or

(III)a commitment made in a registration statement;

(B) violated Chapter 11, Utah Consumer Sales Practices Act;

(C) been enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the injunction or order:

(I) includes a finding or admission of fraud, breach of fiduciary duty, or material

misrepresentation; or

(II) was based on a finding of lack of integrity, truthfulness, or mental competence;

(D) been convicted of a crime involving theft, fraud, or dishonesty;

(E) obtained or attempted to obtain a registration certificate by misrepresenting any

material act;

(F) failed to timely file with the division a report required by:

(I) this chapter; or

(II) a rule made by the division under this chapter;

(G) failed to furnish information requested by the division;

(H) failed to pay an administrative fine imposed by the division under this

chapter, or a fine imposed by an administrative or judicial order in Utah or another state;

(I) failed to demonstrate fiscal responsibility;

(J) failed to pay the fee required to file a registration statement;

(K) failed to satisfy the requirements of this chapter or rule made by the division under this chapter; or

(L) failed to satisfy a reasonable restriction or condition the division imposes under

Subsection (2).

(2) The division may impose reasonable restrictions and conditions on a postsecondary school's

registration certificate or state authorization certificate if:

(a) the restriction or condition protects student interests; and

(b) a behavior or condition described in Subsection (1)(b) applies to the postsecondary

school or the postsecondary school's principal, registration statement, or educational

credential.

Yes. A postsecondary school must disclose the following information: (13-34-109) Additional disclosures in (R152-34-9).

13-34-109(1) Before a postsecondary school may enroll or accept payment from a student, the postsecondary school shall clearly and conspicuously disclose in writing to the student:

(a) the postsecondary school's name, address, and location;

(b) the requirements or qualifications a student is required to satisfy to enroll in the postsecondary school;

(c) a complete description of the services for which the student will pay, including:

(i) facilities, faculty, resources, or equipment that the student may use in connection with the services, or to access the services;

(ii) the duration of services provided; and

(iii) completion or graduation requirements;

(d) information regarding how the postsecondary school's services relate to state licensing requirements if the services are intended to prepare a student for licensure;

(e) tuition, fees, and any other charge or expense to be paid by the student;

(f) a financial assistance policy, if any;

(g) the complete terms of any financing agreement, including an income sharing or other agreement, offered to the student;

(h) the postsecondary school's cancellation and tuition refund policy that shall include, at a minimum:

(i) a three-business-day cooling off period during which a person may rescind the enrollment agreement and receive a refund of all money paid, less a reasonable application fee, that may not end before midnight on the third business day after the latest of:

(A) the day on which the person signs the enrollment agreement;

(B) the day on which the person pays the postsecondary school for services, other than an application fee;

(C) the day on which the person first attends the postsecondary school; or (D) the day on which the person first gains access to the postsecondary school's services; and

(ii) a written description of the postsecondary school's refund policy following the cooling period described in Subsection (8)(a);

(i)

(i) whether the postsecondary school is accredited by an accrediting agency; and (ii) whether the program in which a student intends to enroll is accredited by an accrediting agency, if applicable;

(j) the existence and amount of the postsecondary school's surety, certificate of deposit, or irrevocable letter of credit;

(k) information regarding how to file a complaint against the postsecondary school with the division, the postsecondary school's accrediting agency, and the postsecondary school's approval or licensing entity; and

(l) student outcomes specified in rules made by the division under Section 13-34-103.

(2) A postsecondary school may comply with Subsection (1)(k) by placing a conspicuous link on the postsecondary school's website that connects to:

(a) the contact information for each entity described in Subsection (1)(k) with which a person may file a complaint; or

(b) a third party's website that states the contact information for each entity described in Subsection (1)(k) with which a person may file a complaint.

Yes. A postsecondary school shall disclose in writing to its students, and prominently on its website, if one exists:

The graduation or completion rate for its students; if the postsecondary school’s program lasts more than one year, the percentage of students who return after the first year; if the postsecondary school provides education intended to prepare a student to take an exam required for professional licensure, the rate at which the postsecondary school’s students pass the licensure exam; and the basis for any representation made by the postsecondary school regarding the impact of its program on a student’s future earnings.

An accredited postsecondary school may satisfy Subsection R152-34-9(1) by providing to the student a document that contains the information present on the accredited postsecondary school’s College Scorecard maintained by the United States Department of Education or the web address that leads to the accredited postsecondary school’s College Scorecard maintained by the United States Department of Education. (R152-34-9)

Yes. The Division may require a postsecondary school’s principal to submit a fingerprint card in a form acceptable to the division and consent to a criminal background check by the Federal Bureau of Investigation; the Utah Bureau of Criminal Identification; or another agency of any state that performs criminal background checks. The postsecondary school or the postsecondary school’s principal who is the subject of the background check shall pay the cost of the fingerprint card and the criminal background check. (13-34-201(6))

Frequently Asked Questions

School FAQs

Transcripts/Educational Records

Exemptions

Surety

Financials Requirements for Postsecondary Schools

- Category 1: $500,000 or more in revenue

- Category 2: Revenue between $250,000.00 and $499,999.99

- Category 3: Revenue between $0.00 and $249,999.99

- Category 4: Initial Application with no prior business activity

- Category 5: Initial Application with prior business activity

- Category 6: What value of surety must my postsecondary school obtain?

Closures