Chapter 392-11 [Repealed effective 11/10/2019]RULES PERTAINING TO INSTITUTIONS RECEIVING TITLE IV FUNDS
|(1)||Title IV, Part H, Subpart 1 of the United States Higher Education Act of 1905, as amended, (HEA) provides for a State Postsecondary Review Program (SPRP). Under this program, the United States Secretary of Education may designate a State Postsecondary Review Entity (SPRE) in each state and may refer an institution certified for programs under HEA to it to determine whether the institution's operations meet the minimum standards required for it to receive Title IV funds.|
|(2)||The SPRE reviews institutions on the basis of state standards developed in consultation with institutions located in the state. No such standard may be weaker than the corresponding Title IV, HEA, program standard.|
|(3)||The Governor of Georgia designated the Nonpublic Postsecondary Education Commission (NPEC) as the State Postsecondary Review Entity (SPRE) for Georgia, and made its Director responsible for implementation and operation of the program.|
Rule 392-11-.02 [Repealed effective 11/10/2019]Functioning of the State Postsecondary Review Program
|(1)||The United States Secretary of Education makes an initial review of all institutions in the state which are eligible or desire to become eligible to receive Title IV funds to determine whether any institution meets one or more of the criteria which trigger a more detailed review by the SPRE.|
|(2)||When an institution is so identified, the SPRE is informed and reviews the institution to determine whether it meets specified standards. The standards are set out in Rule 392-11-.03 below.|
|(3)|| In addition, the SPRE may request
approval to review an institution not referred to it by the Secretary of
Education if the SPRE determines that the institution meets a referral
criterion based on more recent data available to the SPRE, or has reason to
believe that the institution is engaged in fraudulent practices. If the SPRE
selects an institution for review, it must:
|(4)|| SPRE Reviews of Referred Institutions.
|(1)|| STANDARD ONE.
|(2)|| STANDARD TWO.
|(3)|| STANDARD THREE.
|(4)|| STANDARD FOUR.
|(5)|| STANDARD FIVE.
|(6)|| STANDARD SIX.
|(7)|| STANDARD SEVEN.
|(8)|| STANDARD EIGHT.
|(9)|| STANDARD NINE.
|(11)|| STANDARD ELEVEN.
|(12)|| STANDARD TWELVE.
|(15)|| STANDARD FIFTEEN.
|(16)|| STANDARD SIXTEEN.
|(1)||Within thirty (30) days after the completion of the review of an institution, the SPRE Administrator shall give written notice of the findings and recommendation(s) of the review panel to the institution.|
|(2)||The institution may appeal any adverse findings of the review panel by sending a written request for a hearing to the Director of the Nonpublic Postsecondary Education Commission (NPEC) which is the State Postsecondary Review Entity for Georgia, within thirty (30) days after receipt of the notice of findings.|
|(3)||Upon receipt of the request for a hearing, the Director of NPEC shall appoint a hearing officer in accordance with O.C.G.A. § 50-13-13.|
|(4)||A hearing date shall be set within thirty (30) days following the receipt of the request for a hearing. All hearings shall be conducted in accordance with the Georgia Administrative Procedure Act. O.G.C.A. § 50-13-1 et al.|
|(5)||The hearing officer shall make an initial decision including findings of fact and conclusions of law within thirty (30) days after the conclusion of the evidence. This decision shall be delivered or mailed promptly to all parties. All decisions shall be final without further proceedings within thirty (30) days unless exceptions are filed by the institution or NPEC on its own motion wishes to have further inquiry pursuant to O.C.G.A. § 50-13-17.|
|(6)||Exceptions. All exceptions to the initial decision of the hearing officer, must be timely filed with NPEC and supported by a memorandum containing the basis for the exceptions and a statement regarding oral argument. Any response must be filed within fifteen (15) days of receiving the exceptions and supporting memoranda. NPEC or its representative shall review the record, any motions and memoranda and hear any oral argument. NPEC shall make a final decision within thirty (30) days of such review. This procedure may be waived by written stipulation of both parties.|
|(7)||Any final decision under this part may be subject to judicial review pursuant to in O.C.G.A. § 50-13-19.|
|(1)|| A complaint concerning an institution may
be submitted by any student, faculty member, or other person.
|(1)|| When the U.S.
Secretary of Education refers an institution to the SPRE for review, it will be
assigned to a Priority Group and a score within the group by using the grouping
descriptions and the Matrix at Appendix A to this Rule. The grouping
|(2)||Scheduling for Review. By groups and within groups, institutions will be scheduled, but not necessarily reviewed, in order from the Higher Priority Group and higher score to Lower Priority Group and lower score.|