13A.09.09.03

.03 Certificate of Approval for the Educational Program.

A. The legal authority applying for a Certificate of Approval to operate an educational program shall submit all information that the State Board considers necessary in order to ascertain compliance with the requirements of this chapter. The information shall be submitted in accordance with time lines established by the Department.

B. A Certificate of Approval shall be issued to a legal authority when the State Board is satisfied that the requirements of this chapter have been met.

C. A Certificate of Approval shall be limited to the following specifications recorded on it:

(1) Name of the school;

(2) Location of the school;

(3) The legal authority responsible for governing and operating the school; and

(4) Classification of the educational program to include one or a consecutive sequence of the following:

(a) Kindergarten;

(b) Elementary school with the grade or grades specified;

(c) Secondary school with the grade or grades specified; and

(d) Montessori.

D. A legal authority shall operate a school in a manner that is consistent with the specifications recorded on the Certificate of Approval issued by the State Board to the legal authority to operate the school.

E. A legal authority shall post the Certificate of Approval of the school in a conspicuous place on the premises to which it applies.

F. If a legal authority intends to change to the specifications recorded on its Certificate of Approval, the legal authority shall:

(1) Notify the Department in writing at least 60 days before the occurrence of any change or changes;

(2) Furnish such information as the State Board considers necessary to approve the change or changes planned by the legal authority; and

(3) Certify compliance with this chapter on forms provided by the Department.

G. A legal authority may not seek approval of a change in the specifications recorded on the Certificate of Approval of a school under any one or combination of the following circumstances:

(1) The school demonstrates an area or areas of noncompliance;

(2) The school has not filed its annual report with the Department;

(3) The Department has received and is investigating a written complaint alleging that the school is in violation of one or more regulations under this chapter; or

(4) The Department is implementing procedures and sanctions for noncompliance as specified in Regulation .12 of this chapter.

H. Notwithstanding the requirement established in §G of this regulation, a legal authority may seek approval of a change in the specifications recorded on the Certificate of Approval of a school if approval of the change is the means for a legal authority to demonstrate compliance with these regulations.

I. A legal authority may not implement a change under §F of this regulation until the State Board has issued a Certificate of Approval reflecting the change.

J. A legal authority may not sell, transfer, pledge, or alter a Certificate of Approval.

K. A legal authority shall inform the Department in writing at least 30 days before it ceases operating an educational program.

L. A Certificate of Approval becomes void if the legal authority:

(1) Ceases operating the educational program;

(2) Is ordered by the State Board to cease operating the educational program and does not appeal that decision; or

(3) Is ordered by the State Board to cease operating the educational program and that decision is upheld through the administrative review process.

M. The legal authority of a school that has ceased operating shall return the Certificate of Approval of the school to the Department.

N. Montessori.

(1) Effective September 1, 2009, any new Montessori educational program shall submit a validating document from a Department-recognized Montessori validating organization.

(2) Any Montessori educational program holding a Certificate of Approval issued prior to September 1, 2009 shall submit a validating document from a Department-recognized validating organization by July 1, 2015 in order to maintain the Montessori program recognition.