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155A.30 SCHOOLS.

Subdivision 1.Licensing.

Any person who establishes or conducts a school in this state shall be licensed. A license issued to postsecondary licensed cosmetology schools meeting the provisions of subdivision 12 shall include the designation "Postsecondary Cosmetology School License."

Subd. 2.Standards.

(a) Cosmetologist and hair technician course content must include textured hair training that consists of theoretical and clinical instruction on working with hair with various:

(1) curl, coil, and wave patterns;

(2) hair strand thicknesses; and

(3) volumes.

(b) The board shall by rule establish minimum standards of course content and length specific to the educational preparation prerequisite to testing and licensing.

Subd. 3.Applications.

Application for a license must be prepared on forms furnished by the board and must contain the following and such other information as may be required:

(1) the name of the school, together with ownership and controlling officers, members, and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom must be licensed as provided in section 155A.27, subdivision 2, except that any school may use occasional instructors or lecturers who would add to the general or specialized knowledge of the students but who need not be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient financial worth and responsibility to properly conduct a school and to assure financial resources ample to meet the school's financial obligations;

(8) other financial guarantees that would assure protection of the public as determined by rule; and

(9) a copy of all written materials that the school uses for prospective student enrollment, including the enrollment contract, the student handbook, and tuition and fee information.

Subd. 4.Verification of application.

Each application must be signed and certified to under oath by a school administrator as defined in section 155A.23, subdivision 10a.

Subd. 5.Conditions precedent to issuance.

A license must not be issued unless the board first determines that the applicant has met the requirements in clauses (1) to (9):

(1) the applicant must have a sound financial condition with sufficient resources available to meet the school's financial obligations; to refund all tuition and other charges, within a reasonable period of time, in the event of dissolution of the school or in the event of any justifiable claims for refund against the school; to provide adequate service to its students and prospective students; and to maintain proper use and support of the school;

(2) the applicant must have satisfactory training facilities with sufficient tools and equipment and the necessary number of work stations to adequately train the students currently enrolled, and those proposed to be enrolled;

(3) the applicant must employ a sufficient number of qualified instructors trained by experience and education to give the training contemplated;

(4) the premises and conditions under which the students work and study must be sanitary, healthful, and safe according to modern standards;

(5) each occupational course or program of instruction or study must be of such quality and content as to provide education and training that will adequately prepare enrolled students for testing, licensing, and entry level positions;

(6) the school must have coverage by professional liability insurance of at least $25,000 per incident and an accumulation of $150,000 for each premium year;

(7) the applicant must provide evidence of the school's compliance with section 176.182;

(8) the applicant, except the state and its political subdivisions as described in section 13.02, subdivision 11, must file with the board a continuous corporate surety bond in the amount of no less than ten percent of the preceding year's gross income from student tuition, fees, and other required institutional charges, but in no event less than $10,000, conditioned upon the faithful performance of all contracts and agreements with students made by the applicant. New schools must base the bond amount on the anticipated gross income from student tuition, fees, and other required institutional charges for the third year of operation, but in no event less than $10,000. The applicant must compute the amount of the surety bond and verify that the amount of the surety bond complies with this subdivision. The bond must run to the board and to any person who may have a cause of action against the applicant arising at any time after the bond is filed and before it is canceled for breach of any contract or agreement made by the applicant with any student. The surety of the bond may cancel it upon giving 60 days' notice in writing to the board and must be relieved of liability for any breach of condition occurring after the effective date of cancellation; and

(9) the applicant must appoint a designated school manager.

Subd. 6.Fees; renewals.

(a) Applications for initial license under sections 155A.21 to 155A.36 must be accompanied by a nonrefundable application fee set forth in section 155A.25.

(b) License duration must be three years. Each renewal application must be accompanied by a nonrefundable renewal fee set forth in section 155A.25.

(c) Application for renewal of license must be made as provided in rules adopted by the board and on forms supplied by the board.

Subd. 7.Inspections.

All schools may be inspected as often as the board considers necessary to affirm compliance. The board has the authority to assess the cost of the inspection to the school.

Subd. 8.List of licensed schools; availability.

The board must maintain and make available to the public a list of licensed schools.

Subd. 9. School and salon separation.

A school must display in the entrance reception room of the school's student section a sign prominently and conspicuously indicating that all work therein is performed exclusively by students. Any salon or business on the same premises as a school must be operated as an entirely separate and distinct business and must have a separate entrance from the school. If a salon or business is located on the same premises as a school: (1) staff of the salon or business must not provide services or training in the space used by the school; and (2) staff and students of the school must not provide services or training in the space used by the salon or business.

Nothing contained in sections 155A.21 to 155A.36 prevents a school from charging for student work done in the school to cover the cost of materials used and expenses incurred in and for the operation of the school. All of the student work must be prominently and conspicuously advertised and held forth as being student work and not otherwise.

Subd. 10.Discrimination prohibited.

Each school must comply with the Minnesota Human Rights Act under chapter 363A.

Subd. 11.Instruction requirements.

(a) Instruction may be offered for no more than ten hours per day per student.

(b) Instruction must be given within a licensed school building except as provided in paragraphs (c) and (d).

(c) A school may offer online instruction for theory-based portions of training. A school must not give practice-based training online.

(d) A school may offer activities related to the training for industry educational purposes outside of a school building when accompanied by an instructor for a maximum of one percent of the total training hours for a course.

Subd. 12.Minnesota state authorization.

A cosmetology school licensed or applying for licensure under this section must maintain recognition as an institution of postsecondary study by meeting the following conditions, in addition to Minnesota Rules, part 2110.0310:

(1) the school must admit as regular students only those individuals who have a high school diploma or a diploma based on passing commissioner of education-selected high school equivalency tests or their equivalent, or who are beyond the age of compulsory education as prescribed by section 120A.22; and

(2) the school must be licensed by name and authorized by the Office of Higher Education and the board to offer one or more training programs beyond the secondary level.

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Revisor of Statutes