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<regulation prefix="Regulation" num=".02" citation="COMAR 13B.01.01.02" title_num="13B" subtitle_num="01" chapter_num="01" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Additional location” means a separate facility of an approved school, not in close proximity to the approved school.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Advertising” means any statement of the school in writing or otherwise, through any media, which is intended to induce an individual to seek admission to or otherwise engage in any contract of admission to the school.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Applicant” means the individual or individuals, firm, company, corporation, or other organization that is the owner or owners of a school proposed for approval. In the case of an application by a subsidiary of a corporation, “applicant” includes the parent corporation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Application fee” means a fee paid by a prospective student to a school to indicate good faith in making application for acceptance.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Attendance” means:</text>
      <paragraph num="(a)">
        <text>The time a student is physically present for the delivery of instruction required for the residency requirement or externship portion of a program; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The active participation of a student in distance education as documented by the submission by the student of lesson assignments required for program completion.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“Bona fide” means made in good faith, without fraud or deceit, and legally valid.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Catalog” means a printed description of the school, which includes, but is not limited to, its courses or programs, staffing, instructional calendar, costs, and school policies.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Combined program” means a program that includes distance education and a residency requirement.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Commission” means the Maryland Higher Education Commission.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Course” means a portion of a program of study covering specific subject matter.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Date of withdrawal or termination” means the student's last date of attendance.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Distance Education.</text>
      <paragraph num="(a)">
        <text>“Distance education” means the formal education process in which the delivery of instruction occurs beyond a school's walls since the student and instructor are in different places.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Distance education may include:</text>
        <paragraph num="(i)">
          <text>A variety of communication methods for delivering instruction to students; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Instruction delivered in real time (synchronous) or delayed (asynchronous).</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Enrollment of a school” means the number of students who are enrolled in a school at the beginning of a given instructional period.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Enrollment of a student” means the signing of a contractual agreement by a student to attend a private career school.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Externship” means training, including but not limited to a supervised work experience or practicum, which is an integral part of an approved program and which is conducted off the premises of the school's approved facility.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Institution of higher education” means an institution of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at either the associate, baccalaureate, or graduate level.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Instruction” means any method or procedure used to impart knowledge or develop skills.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Instructor-student ratio” means the number of instructors responsible for the instruction or supervision of a group of students in relation to the number of students enrolled in the group.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Last date of attendance” means:</text>
      <paragraph num="(a)">
        <text>The last date the student attended scheduled instruction required for the residency requirement of a program; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The last date the student submitted a lesson assignment required for a program or portion of a program delivered by distance education.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(19-1)">
      <text>“Non-Title IV school” means a school that does not participate in federal financial aid programs under Title IV of the Higher Education Act of 1965.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Official leave of absence” means any leave of absence granted by a school under the terms set out in Regulation .09M of this chapter.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Private career school” means a privately owned and privately operated institution of postsecondary education, other than an institution of higher education, that furnishes or offers to furnish programs, whether or not requiring a payment of tuition or a fee, for the purpose of training, retraining, or upgrading individuals for gainful employment as skilled or semiskilled workers or technicians in recognized occupations or in new and emerging occupations.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Program” means a group of courses or a course of study organized to develop a specific knowledge of vocational skills for the purpose of training, retraining, or upgrading individuals for gainful employment.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Registration fee” means a fee paid at the time of registration to cover the costs of registration.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Residency requirement” means a mandatory portion of an instructional program that a student is required to take at the school, in the presence of and offered by a qualified instructor of the school offering the program of training and awarding the certification of competence.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Sales representative” means any person who contacts individuals or groups for the specific purpose of recruiting students for enrollment in the school.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Scholarship” means a specific gift of money or other grant or gift to help defray the cost of a student's education.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“School” means a private career school.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Secretary” means the Secretary of Higher Education or the Secretary's designee.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Separate classroom” means supplemental training space:</text>
      <paragraph num="(a)">
        <text>Located near an approved school for the purpose of training students who cannot be accommodated in the existing approved facilities of the school or for the purpose of expanding a school's educational offerings; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The location of which shall provide students convenient, safe, and easy access to the training and services provided at the existing approved facilities of the school.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(30)">
      <text>“Space requirements” means net assignable square feet within buildings available for instruction after deducting noninstructional areas such as corridors, stairways, offices, and lavatories.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Student” means an individual enrolled in a private career school.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Title IV school” means a school certified by the U.S. Secretary of Education to participate in federal financial aid programs under Title IV of the Higher Education Act of 1965.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Total non-Title IV tuition liability” means a school’s total tuition liability minus the amount of Title IV federal financial aid received by the school on behalf of its students.</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“Total tuition liability” means the amount of tuition due to a school at its maximum permitted enrollment, which is the sum of each program’s tuition multiplied by the maximum permitted enrollment of that program.</text>
    </paragraph>
  </paragraph>
</regulation>