Responses Last Confirmed:

Arkansas Division of Higher Education

Agency Information

Guide Topics

Agency Contact

Alana Colburn
501-371-2060
alana.colburn@adhe.edu

Additional Contact

Mason Campbell
501-371-2044
mason.campbell@adhe.edu

Secretary of State Contact

John Thurston
501-682-1010
arsos@sos.arkansas.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

There are two different processes for degree and non-degree granting institutions. Please contact ADHE for details on either process.

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
__X____    Public, in-state, non-degree granting institutions
__X**___   Public, out-of-state, non-degree granting institutions
__X***__    Non-degree, not-for profit institutions
__X***__    Non-degree, for-profit institutions
_______    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   ___X__ Program   _____ Both

c.
Clarifying comments:

*ADHE authorizes only private, in-state institutions established after 1975 (state law).  Private in-state institutions can also seek “independent” status, which means they are treated like the institutions established before 1975.

**ADHE authorizes out-of-state, non-degree granting institutions only if those institutions provide online courses and/or programs.

***ADHE authorizes most non-degree institutions with a few exceptions (dance and fitness classes, religious training, training on military bases, etc. are exempt from authorization).

Topic

3: Accreditation

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

Yes for degree granting institutions, No for non-degree granting schools.

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

Accreditation Required for:
__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
_____ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

c.
Clarifying comments:

No response provided

Topic

4: Exemptions

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

Degree granting institutions (Page 8):  https://static.ark.org/eeuploads/adhe/Institutional_Certification_Process.pdf

Non-degree granting schools:  https://www.adhe.edu/private-career-education/forms/

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

Programs offered on military bases are exempt from authorization requirements. Programs that are solely church-related are exempt from authorization requirements.

c.
Web link for exemptions.

https://www.adhe.edu/institutions/academic-affairs/institutional-certification-advisory-committee/

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?

Yes

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

No

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

We have no specific rules on correspondence study programs. The institution would be treated the same as an institution that is offering distance education programs.

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?

If a program is offered to a student in our state, whether at a physical location or by distance education, that program needs to get authorization to be offered in the state. There are programs that are exempt from this regulation.

b.
Web link for physical presence definition.

https://static.ark.org/eeuploads/adhe/Institutional_Certification_Process.pdf

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.

ADHE received the complaint, then contacts the institution to try and resolve the complaint.

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.)?

All complaints from private institutions are handled by Alana Colburn. Complaints from public institutions are handed by Alisha Lewis, except for when the institution is a SARA institution and the complaint is from an out-of-state student.

c.
Web link for student complaints – SARA participating institutions.

https://www.adhe.edu/students-parents/colleges-universites/student-grievance-form/

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

Contact Name: Alana Colburn
Title: Associate Director of Private Postsecondary Education and Transfer Programs
Agency: ADHE
Address: 101 E. Capitol, Suite 300, Little Rock, AR  72201
Email: alana.colburn@adhe.edu
Phone: 501-371-2000
URL:

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?

ADHE receives the complaint, then contacts the institution to try and resolve the complaint. 

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.)?

All out-of-state complaints go to Alana Colburn. Complaints from public institutions are handed by Alisha Lewis.

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.  Those complaints would be handled by the Arkansas Attorney General’s Office.  It is a Class B Misdemeanor in Arkansas for an institution to not comply with the law.

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

Contact Name: Alana Colburn
Title: Associate Director of Private Postsecondary Education and Transfer Programs
Agency: ADHE
Address: 101 E. Capitol, Suite 300, Little Rock, AR  72201
Email: alana.colburn@adhe.edu
Phone: 501-371-2000
URL:

e.
Web link for the complaint form.

Degree-granting institutions: https://www.adhe.edu/students-parents/colleges-universites/student-grievance-form/

Non-degree granting schools:  https://sbpce.wufoo.com/forms/form-8040-complaint-form/

f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

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

It depends. Postsecondary institutions authorized to offer college-level course/degree programs in Arkansas will maintain a surety bond unless the institution maintains a minimum financial responsibility composite score of 1.5 determined by the U.S. Department of Education.

b.
Web link for surety bonds.

https://www.adhe.edu/institutions/academic-affairs/institutional-certification-advisory-committee/

c.
Clarifying comments:

If an institution is degree granting, non-public, and has a federal financial composite score of below 1.5, the surety bond is required.

Topic

10: Tuition Refund Policy

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

Yes, for schools offering certificates and diplomas only, not for degree-granting schools.

b.
If yes, for what types of institutions?

Private, non-degree granting institutions

c.
Web link for tuition refund policy.

https://www.adhe.edu/private-career-education/

d.
Clarifying comments:

When a school closes, students must apply to ADHE for a tuition refund.

Topic

11: Student Tuition Recovery Fund

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

Yes

Only for private, non-degree granting schools (called “private career schools” in Arkansas)

b.
If yes, for what types of institutions?

For private, non-degree granting schools

c.
Web link for student tuition recovery fund.

https://www.adhe.edu/private-career-education/

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?

Degree Granting Institutions: Non-SARA, out-of-state and/or private institutions must report annually how much that was collected in tuition from Arkansas students each year and how many Arkansas students are enrolled and how many graduated in each authorized program.

Non-degree granting schools: Schools must report annually the number of students enrolled, how many of those students were new students, how many terminated enrollments, how many graduates, and tuition collected per program.

b.
How frequently do institutions report data?

Annually

c.
Is this information published or shared publicly?

The degree granting institutions’ information is reported at the Arkansas Higher Education Coordinating Board meeting, which is a public meeting.

d.
Web link for reporting.

Degree granting institutions:  Forms not on our website.                       

Non-degree granting institutions:  https://sbpce.wufoo.com/forms/zbve8rr0g25nnt/

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

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

Do not have one. ADHE would refer to the Arkansas Attorney General’s Office.  It is a Class B Misdemeanor in Arkansas for an institution to not comply with this law. https://law.justia.com/codes/arkansas/2012/title-6/subtitle-5/chapter-61/subchapter-3/section-6-61-301

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.

Degree granting institutions: Institutions would need to complete Forms 3, 12, 5, 13, 14, 15, and 16

Non-degree granting schools: Schools need forms 1000, 2000, 3000 (depending on type of school), and forms/fingerprint card for FBI Background Check.

b.
Web link for application.

Degree granting institutions: https://www.adhe.edu/institutions/academic-affairs/institutional-certification-advisory-committee/

Non-degree granting schools: https://www.adhe.edu/private-career-education/forms/

c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

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

Degree-granting institutions: Yes, there is a $500 fee per program.

Non-degree granting schools:  https://www.adhe.edu/private-career-education/forms/

(Fees listed in Word Doc)

b.
If yes, what is the fee or fee schedule?

Call ADHE at 501-371-2060 for the fee schedule.

c.
Web link for fee information.

Degree granting institutions: https://www.adhe.edu/institutions/academic-affairs/institutional-certification-advisory-committee/

Non-degree granting schools: https://www.adhe.edu/private-career-education/forms/

(Fees listed in Word Doc)

d.
Clarifying comments:

No response provided

Topic

16: Records Retention

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

Institutions offering degree programs must maintain a plan for catastrophic events. Schools offering certificates and diplomas are required to keep student records in a fireproof container and to give to ADHE should a catastrophic event occur.

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

Agency Name: ADHE
Contact Person:  Alana Colburn or Tracye McKeown
Contact Phone:  501-371-2000
Contact Address:  101 E. Capitol, Suite 300, Little Rock, AR  72201
Contact Email:  alana.colburn@adhe.edu
Contact website:  https://www.adhe.edu/private-career-education

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?
Out-of-state institutions offering only clinicals, internships, externships or other types of experiential learning are not required to obtain authorization by ADHE. ADHE does not have any type of record of this type of learning going on in Arkansas.