Agency Contact

Lorna Candler
303-862-3016
lorna.candler@dhe.state.co.us

Additional Contact

Mary Kanaly
303-974-2670
mary.kanaly@dhe.state.co.us

Secretary of State Contact

Jena Griswold
303-894-2200
secretary@sos.state.co.us

Topic 1: Important Agency Information to Note

Provide important web links:

What types of institutions are subject to this agency’s authority? Indicate the types of institutions that your agency authorizes.

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

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

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

  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

____ Institution

_____ Program

__X__ Both

Clarifying comments:

“Private Occupational School” or “school” defined as any entity or institution for profit or not for profit located within or without this state that offers educational credentials or educational services that constitute occupational education in this state and that is not specifically exempt from the provisions of this article 64.

“Degree” applies to Associate degree.

A program can only be approved by the Board for approved institutions

Topic 2: Authorization of Distance Education

Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

  • Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
  • Meaning as example, a solely online program that does not have any internships and practicums

Only for out-of-state institutions offering purely online programs AND actively soliciting, recruiting, and/or enrolling Colorado residents as students.

Clarifying comments

For out-of-state institutions offering purely online programs AND actively soliciting, recruiting, and/or enrolling Colorado residents as students.

Topic 3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

No

If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:

____ Public, out-of-state degree granting institutions
____ Private, in-state, not-for-profit degree granting institutions
____ Private, out-of-state, not-for-profit degree granting institutions
____ Private, in-state, for-profit degree granting institutions
____ 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

Clarifying comments:

No response provided

Topic 4: Physical Presence Policy

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

Yes, the definition can be found at BB in the definitions section of the Rules and Regulations:

“Physical presence” means a school that delivers educational services within Colorado, including any combination of factors lending to the determination that the institution maintains a physical presence within the state, including, but not limited to, the presence of a physical facility or equipment, whether owned, leased, rented, or provided without charge; the physical location of student records; or the presence of a resident director or similar administrator.

Web link for physical presence definition.

https://highered.colorado.gov/laws-regulations

Does a clinical/internship trigger the requirement for authorization with your agency?

No response provided

Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

No response provided

Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No response provided

Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No response provided

Does having an administrative site in your state trigger the requirement for authorization with your agency?

No response provided

Does having a recruiter in your state trigger the requirement for authorization with your agency?

No response provided

Clarifying comments:

No response provided

Topic 5: Application Process

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

A school must submit a complete and accurate application. The Program Coordinator reviews the application, the Deputy Director reviews the application, then the application is given to the Board for approval. All documents pertaining to obtaining approval can be found here.

Clarifying comments:

No response provided

Topic 6: Fees Associated with Authorization

Is there an application fee associated with the authorization process?

Yes

If yes, what is the fee or fee schedule?

$5,000 for a New In-State School Application

$2,500 for a New Out-of-State Application

$300 per in-state and out-of-state agent permit

Web link for fee information.

https://highered.colorado.gov/fee-schedule

Clarifying comments:

No response provided

Topic 7: Surety Bonds

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

Yes

Web link for surety bonds.

No response provided

Clarifying comments:

$50,000 bond is required for all out-of-state institutions.

Topic 8: Student Tuition Recovery Fund

Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No

If yes, for what types of institutions?

No response provided

Web link for student tuition recovery fund.

No response provided

Clarifying comments:

No response provided

Topic 9: Tuition Refund Policy

Does your agency have a Tuition Refund Policy Requirement?

Yes, all.

If yes, for what types of institutions?

All

Web link for tuition refund policy.

No response provided

Clarifying comments:

No response provided

Topic 10: Reporting

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

Quarterly assessments – currently must submit number of students enrolled every quarter plus a $5.00 fee per student.

How frequently do institutions report data?

Quarterly

Is this information shared publicly?

No

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

Possible consequences can be revocation of the certificate of approval, summary suspension, cease and desist, subpoena, notice of noncompliance, notice of nonrenewal. All duties and powers of the board can be found in the Statute.

Web link for enforcement information.

https://highered.colorado.gov/laws-regulations

Clarifying comments:

No response provided

Topic 12: Student Complaints - Non-SARA Participating Institutions

Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

Complaints pertaining to deceptive sales/trade only for out-of-state institutions, to be filed online.

Web link for the non-SARA complaint form.

https://highered.colorado.gov/complaint-procedures

How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

No response provided

Is the non-SARA 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.)?

DPOS/the Board handles the entirety of the complaint process, investigation and determination.

Who is the contact person or entity for your state for receiving non-SARA student complaints?

Clarifying comments:

No response provided

Topic 13: Records Retention

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

The closure and transcript deposit process and requirements can be found here.

From what agency or entity do students request their transcripts/records from a closed higher education institution?

Clarifying comments:

No response provided

Topic 14: Additional Information

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

No response provided

What is your preferred method of communication?

No response provided

 

Please note: There could be additional state agencies with oversight of activities of your institution.