Responses Last Confirmed:

Delaware Department of Education Higher Education Office

Agency Contact

Leigh Weldin
302-735-4193
leigh.weldin@doe.k12.de.us

Additional Contact

Shana Payne
302-735-4120

Secretary of State Contact

Jeffrey W. Bullock
302-739-4111
utausha.elie@state.de.us
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

Delaware’s Department of Education is committed to promoting the highest quality education for every Delaware student by providing visionary leadership and superior service.

Vision and Mission of the Delaware Department of Education

Our Vision

Every learner ready for success in college, career and life.

Our Mission

To empower every learner with the highest quality education through shared leadership, innovative practices and exemplary services.

Our Priorities

  • Engaged and informed families, schools, districts, communities, and other agencies
  • Rigorous standards, instruction, and assessments
  • High quality early learning opportunities
  • Equitable access to excellent educators
  • Safe and healthy environments conducive to learning
Delaware Higher Education Office
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
_____    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:

No response provided

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
_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
_X___ Tribally-controlled institutions
_X___ Federal Institutions
_X___ Municipal institutions

c.
Clarifying comments:

Institutions seeking degree granting authority shall be seeking accreditation or have accreditation from a national, regional or programmatic accrediting agency recognized by the U.S. Department of Education. Institutions seeking an operating license must have accreditation from one of these types of accrediting agencies. DE Title 14, 292

Topic

4: Exemptions

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

Yes

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

Public Institutions

c.
Web link for exemptions.

Established through statue separately and do not require state authorization

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 (Authorized in accordance with NC-SARA standards)

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

Yes (In accordance with NC-SARA standards)

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?

Delaware does not have a Physical Presence Policy.

b.
Web link for physical presence definition.

N/A

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.

Step 1

A student who has a complaint against a Delaware-approved SARA institution or its agents concerning dishonest or fraudulent activity by that institution or its agents must first follow the Delaware-approved SARA institution’s complaint resolution policies and procedures. If the student is not satisfied with the outcome of the institutional process for resolving complaints, the student may proceed to Step 2 of the DDOE’s SARA Student Complaint Process.

Step 2

The student may file a formal complaint with the DDOE using the DDOE SARA Student Complaint Form.  A complete formal complaint must be filed within two years of the incident about which the complaint was made.

When a complete formal complaint is received, the DDOE staff will:

  • Send a copy of the complete complaint to the Delaware-approved SARA institution against which the complaint has been filed and request a response within 30 days; and
  • Forward the institution’s response to the student.

When the institution has filed a response with the DDOE, the DDOE staff will review all written submissions and materials related to the complaint and may request additional information from the Delaware-approved SARA institution and the student in order to:

  • Determine whether the Delaware-approved SARA institution’s complaint resolution policies and procedures have been followed and exhausted by both the institution and the student;
  • Make a final, binding decision on the matter[1]
     

    [1] If a complaint involves a violation of Delaware law, there is nothing in SARA Policies and Standards or this policy that preclude the State of Delaware from using its laws of general application to pursue action against an institution that violates those laws.

  • Inform the Delaware-approved SARA institution and the student of the decision.
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.)?

Usually handled within the Department of Education, depending on the circumstances in a student complaint.  A complaint may also be referred to the State of Delaware Attorney General’s Office, Consumer Protection Unit, if appropriate.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?
  • Contact Name: Leigh Weldin
  • Title: College Success Program Administrator
  • Agency: Delaware Department of Education
  • Address: 401 Federal Street, Dover, DE 19901
  • Email: Leigh.weldin@doe.k12.de.us
  • Phone: (302) -735-4193
  • URL: dheo@doe.k12.de.us
e.
Clarifying comments:

Issues not resolved at the institutional level may be directed to the home state SARA portal agency of the institution against which the complaint has been logged. Students can locate state portal contact information by visiting the NC-SARA states and institutions webpage.

For public and private (for-profit and not-for-profit) institutions based in Delaware, the portal agency is the Delaware Department of Education. Students with issues regarding public and private (for-profit and not-for-profit) SARA-approved Delaware institutions are to follow the Delaware Department of Education Student Complaint Policy and Student Complaint Form

Topic

8: Student Complaints - Non-SARA Participating Institutions

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

For public and private (for-profit and not-for-profit) institutions based in Delaware, the portal agency is the Delaware Department of Education. Students with issues regarding public and private (for-profit and not-for-profit) SARA-approved Delaware institutions are to follow the Delaware Department of Education Student Complaint Policy and submit a Student Complaint Form.

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.)?

Usually handled within the Department of Education, depending upon the circumstances in a student complaint.  A complaint may also be referred to the State of Delaware Attorney General’s Office, Consumer Protection Unit, if appropriate.

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: Leigh Weldin
  • Title: College Success Program Administrator
  • Agency: Delaware Department of Education
  • Address: 401 Federal Street, Dover, DE 19901
  • Email: Leigh.weldin@doe.k12.de.us
  • Phone: (302) -735-4193
  • URL: dheo@doe.k12.de.us
e.
Web link for the 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?

See #c for clarification

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

State of DE Title 14, 292, Post Secondary Institutions and Degree Granting Institutions of Higher Education: Section 4.18 Provides two possible options: "In order to maintain approval the Institution shall maintain a Surety Bond or show proof of designated funds and assets sufficient to cover the tuition and fees paid by enrolled students in the event of sudden school closure."

https://regulations.delaware.gov/AdminCode/title14/200/292.shtml

Topic

10: Tuition Refund Policy

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

No

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

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?

Enrollment, Financial, Accreditation Status.

b.
How frequently do institutions report data?

Annually upon SARA renewal.

c.
Is this information published or shared publicly?

No

d.
Web link for reporting.

E-mailed to NC SARA State Portal Contact: Leigh Weldin: Leigh.weldin@doe.k12.de.us

e.
Clarifying comments:

N/A

Topic

13: Enforcement

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

N/A

c.
Clarifying comments:

No response provided

Topic

14: Application Process

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

Institutions Seeking Initial Approval in Delaware

To receive an application to apply for initial degree-granting authority or an initial operating license in Delaware, please email the following information to IHE@doe.k12.de.us :

  1. Your name and title
  2. Name of Institution of Higher Education
  3. Your email address
  4. Whether the Institution has incorporated or is seeking to incorporate in Delaware

If the Institution has incorporated or is seeking to incorporate in Delaware, whether the Institution wishes to incorporate with the power to confer academic and honorary degrees

  1. Whether the Institution has established or is seeking to establish a physical location (campus, satellite campus, extension campus) in Delaware
  2. If the Institution has not established or is not seeking to establish a physical location in Delaware, whether the Institution will be serving 10 or more students in Delaware through an internship, residency, clinic, or other related program
  3. State or jurisdiction in which the Institution has degree-granting authority, if applicable
  4. Whether the Institution holds accreditation from a nationally recognized, regional, or specialized accrediting agency that appears on the list of recognized accrediting agencies published by the United States Department of Education
  5. Whether the Institution intends to offer an educator preparation program For information on applying for approval of an educator preparation program, contact Robert Grey at robert.grey@doe.k12.de.us or 302-735-4262
  6. Whether the Institution is approved by the National Council for State Authorization Reciprocity Agreements (SARA) to offer distance education courses and programs

Upon receipt of a completed application, the Department shall review the application or may form a review committee comprised of experts from across the state.  The committee uses a standard rubric and after individual reviews, meets to determine a final committee recommendation for the secretary of education.

https://regulations.delaware.gov/AdminCode/title14/200/292.shtml#TopOfPage

b.
Web link for application.
c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

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

No application fees

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

No response provided

c.
Web link for fee information.

No response provided

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?

See Delaware Title 14 Section 8530: https://delcode.delaware.gov/title14/c085/index.shtml

§ 8530 Disposition of student records by postsecondary institutions.

(a) Notwithstanding any exemptions to the contrary in this chapter, all postsecondary institutions authorized, approved or licensed by the Department of Education to operate in the State under this chapter or under § 125 of Title 8 prior to discontinuing operation shall perform the following duties:

  1. Notify in writing the Department of Education and all currently enrolled students of the decision to cease operation;
  2. Notify in writing all currently enrolled students, and students enrolled during the 5 prior years, that information concerning student records may be obtained from the Department of Education;
  3. Convey all student records to the Department of Education, or to another location designated by the Department, for safekeeping and for reproduction as requested by the students.

(b) As used in this section, “student records” shall mean all those documents that are necessary to provide a meaningful record of student performance and financial aid and shall include, but not be limited to, the following:

  1. Academic records, including written evaluations, competency assessments, etc.;
  2. Catalogues;
  3. Change of grade forms;
  4. Class lists, including original grade sheets;
  5. Commencement programs/graduation lists;
  6. Schedules of classes;
  7. Financial aid transcripts and supporting documents.
b.
From what agency do students request their transcripts/records from a closed school?

Agency Name: DE Department of Education
Contact Person:
Contact Phone:
Contact Address:
Contact Email: dheo@doe.k12.de.us
Contact website: https://www.doe.k12.de.us/domain/226

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?

No response provided