Delaware Code Title 24 Sec. 5119 – Licensing and requirements of a school
(a) Each school of barbering, cosmetology, electrology or nail technology shall be licensed pursuant to this chapter and shall comply with the requirements of the Delaware Department of Education. Each school shall employ at least 1 instructor for the first 25 students enrolled, and 1 additional instructor for each additional 25 students enrolled. Each school shall possess apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum; shall keep a daily record of the attendance of each student; maintain regular class and instruction hours; establish grades and hold examinations before issuance of diplomas. Each school shall require training for a complete course comprising all, or the majority, of the practices regulated under this chapter, as provided in this chapter, together with the minimum number of hours therein prescribed, and shall include practical demonstrations and theoretical studies, and study in sanitation, sterilization, other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to any practice for which a license is required under this chapter, as provided in this chapter.
Terms Used In Delaware Code Title 24 Sec. 5119
- Board: means the state Board of Cosmetology and Barbering under this chapter. See Delaware Code Title 24 Sec. 5101
- Cosmetology: means performing any of the following services for compensation:
- Instructor: means any person who teaches cosmetology, barbering, electrology or nail technology. See Delaware Code Title 24 Sec. 5101
- school of barbering: means any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether or not such place holds itself out as such. See Delaware Code Title 24 Sec. 5101
- State: means the State of Delaware. See Delaware Code Title 24 Sec. 5101
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) An instructor shall decide when a student of any of the practices for which a license or certification is required under this chapter, is sufficiently competent to perform those services for the public.
(c) Each school for a profession regulated by this chapter shall display, in a conspicuous place within the clinic area of the school, a sign which shall read as follows:
“ALL SERVICES IN THIS SCHOOL PERFORMED BY STUDENTS WHO ARE IN TRAINING.”
(d) Each school licensed under this chapter shall afford to its students the full course of instruction required under this chapter, in default of which a proportionate amount of the tuition paid by the student shall be refunded.
(e) Each school licensed under this chapter, but not yet accredited pursuant to subsection (h) of this section, shall maintain the following records for each student:
(1) Daily attendance records;
(2) Scholastic records; and
(3) Financial records.
A school shall submit to the Board a notarized quarterly report on a form approved by the Board. The report shall be submitted by the following dates: April 15, July 15, October 15 and January 15 — and shall include the names and license numbers of the teachers employed and be personally signed by the owner and supervisor of the school. The school may charge the student a fee that covers the reasonable cost of making copies of the records. A school shall retain records of student attendance and scholastic records for a minimum of 5 years. A school that discontinues operation shall comply with Delaware Department of Education requirements with respect to the disposition of student records.
(f) A school that enrolls a transfer student from another cosmetology school shall obtain for that student:
(1) A notarized transcript from the original school listing the hours earned by the student in the required curriculum areas; and
(2) Verification from the appropriate licensing authority that the original school is licensed in that state, in the case of a student transferring from an out-of-state school to a school in Delaware.
(g) Failure to comply with any of the requirements applicable to a school constitutes grounds for immediate revocation of the school’s license.
(h) Within 1 year after being licensed by the Board, a school shall submit to the Board proof that it has applied for accreditation with a nationally recognized accrediting agency approved by the Board. Within 3 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a nationally recognized accrediting agency. A school that has been continually licensed and in good standing for more than 5 years prior to June 26, 2010, is exempted from this requirement. A school that has been continually licensed in good standing by the Board for less than 5 years prior to June 26, 2010, shall submit proof of accreditation by a nationally recognized accrediting agency before 5 years after June 26, 2010.