Responses Last Confirmed:

New Jersey Office of the Secretary of Higher Education

Agency Contact

Eric Taylor, Esq., Director of Licensure
(609) 984-3738
eric.taylor@oshe.nj.gov

Additional Contact

Secretary of State Contact

Tahesha Way
609-292-6000
lt.governor@nj.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

No response provided

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

__X__ Public, in-state degree granting institutions
__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
_____ Non-degree, not-for profit institutions
_____ Non-degree, for-profit institutions
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution _____ Program ___X__ Both

c.
Clarifying comments:

All programs offered pursuant to the award of initial licensure by OSHE to an in-state institution must be authorized by OSHE. OSHE authorization for currently licensed in-state institutions that seek to offer new academic programs is required only in certain limited circumstances. However, all programs offered in NJ by out-of-state institutions must be authorized by OSHE.

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

Yes

b.
If yes, please check all that apply as appropriate.

Accreditation Required for:

__X__ Public, out-of-state degree granting institutions
_____  Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
_____  Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____  Public, in-state, non-degree granting institutions
__X__ Public, out-of-state, non-degree granting institutions
_____  Non-degree, not-for profit institutions
_____  Non-degree, for-profit institutions
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

c.
Clarifying comments:

First time in-state applicants for higher education licensure are not required to be accredited. However, all out-of-state licensure applicants must be fully-accredited to offer the kinds of programs that they seek to offer in NJ.

Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

No. 

b.
If yes, for what types of institutions? Which types of programs?

No response provided

c.
Web link for exemptions.

No response provided

d.
Clarifying comments:

No response provided

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

No.

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

Yes.

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

No. 

d.
Clarifying comments:

No response provided

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

N.J.A.C. 9A:1-1.2 – "Physical presence" means that an entity offers college credit-bearing courses from, or conducts some portion of the learning experience at, a physical location established in New Jersey by the entity, whether established directly or under the auspices of another entity or an institution, except in an instance where an interstate agreement that New Jersey is a party to delineates any particular activity as not constituting a physical presence in the State and the offering entity is both licensed in a signatory state to that delineating agreement and authorized by the signatory state to operate pursuant to that delineating agreement.

b.
Web link for physical presence definition.
c.
Clarifying comments:

No response provided

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

OSHE complaint process for SARA is detailed at this link:  https://www.state.nj.us/highereducation/SARA.shtml

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

OSHE handles all complaints submitted on the OSHE complaint form.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Eric Taylor, Esq.
Title:  Director of Licensure
Agency: OSHE
Address: P.O. Box 542, Trenton, NJ 08625
Email: eric.taylor@oshe.nj.gov
Phone: (609) 984-3738
URL: N/A

e.
Clarifying comments:

No response provided

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

OSHE complaint process is detailed at this link:  https://www.state.nj.us/highereducation/OSHEComplaintInstructions.shtml

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

OSHE handles all complaints submitted on the OSHE complaint form.

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

No. 

d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Suchir Govindarajan
Title: Special Assistant/Policy Analyst
Agency: OSHE
Address: P.O. Box 542, Trenton, NJ 08625
Email: Suchir.Govindarajan@oshe.nj.gov
Phone: (609) 984-2690
URL: N/A

f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

No

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

NJ does not require a Surety Bond for institutions of higher education.  Non-degree private career schools may be subject to different requirements overseen by different state agencies.

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?

No. There is no such policy for institutions of higher education.

b.
If yes, for what types of institutions?

No response provided

c.
Web link for tuition refund policy.

No response provided

d.
Clarifying comments:

No response provided

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

No response provided

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

N.J.A.C. 9A:1-5.4 requires out-of-state institutions to submit an annual update to the information provided in the licensure petition pursuant to N.J.A.C. 9A:1-5.2(b).

b.
How frequently do institutions report data?

Annually.

c.
Is this information published or shared publicly?

The records would be subject to a request made pursuant to NJ’s Open Public Records Act.

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?

9A:1-5.4(b) - If it appears from a review of the annual report that there has been a significant change in the offerings, the necessary resources, or the status of the institution, OSHE staff shall submit the matter to the Presidents' Council for review and recommendation to the Secretary for any appropriate action to be taken, including the revocation of licensure.

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

The application process for in-state licensure is detailed at N.J.A.C. 9A:1-1.3(a) to (f) and the application process for out-of-state licensure is detailed at N.J.A.C. 9A:1-5.1 to 5.5.

c.
Clarifying comments:

Institutions of higher education seek licensure in NJ via the submission of a licensure petition, which is an institutionally generated document. Guidelines and fillable forms for preparing a licensure petition are available at https://www.state.nj.us/highereducation/licensure/forms.shtml.

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes

d.
Clarifying comments:

Petitioning institutions are also responsible for all costs associated with the licensure review, which typically includes a site visit at either the NJ instructional site or the institution’s main campus by agency staff and an external consultant team. In addition, each consultant that participates in the review is to be offered an honorarium of $5,000 by the petitioning institution.

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

The process to ensure that transcripts/records are available is detailed at N.J.A.C. 9A:1-9.1(a)(3) Please note that NJ does not hold or maintain student higher education records for closed schools.

www.state.nj.us/highereducation/documents/pdf/licensure/licensureadoptionregulations.pdf

b.
From what agency do students request their transcripts/records from a closed school?

Agency Name: N/A

Contact Person: N/A

Contact Phone: N/A

Contact Address: N/A

Contact Email: N/A

Contact web site: N/A

OSHE will assist individuals with identifying the third party that holds records for a closed institution. However, OSHE does not hold or maintain student higher education records for closed schools.  Please contact Eric Taylor, Esq. at (609) 984-3738 or eric.taylor@oshe.nj.gov for assistance.

c.
Clarifying comments:

No response provided

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

Please contact Eric Taylor, Esq. at (609) 984-3738 or eric.taylor@oshe.nj.gov for more information about NJ state authorization processes.