Agency Contact
aQuena Williams, Postsecondary Education Specialist
302-735-4223
aquena.williams@doe.k12.de.us
Additional Contact
Leigh Weldin
302-735-4193
leigh.weldin@doe.k12.de.us
Juliet Murawski
302-735-4120
Juliet.murawski@doe.k12.de.us
Secretary of State Contact
Jeffrey W. Bullock
302-739-4111
utausha.elie@state.de.us
Topic 1: Important Agency Information to Note
Provide important web links:
- Home Page web link https://education.delaware.gov/
- Statutes and Regulations Page web link https://regulations.delaware.gov/AdminCode/title14/200/292.shtml#TopOfPage
- Authorization Information Page web link https://education.delaware.gov/community/higher-ed-authorizations/
- Application Information Page web link https://education.delaware.gov/community/higher-ed-authorizations/#:~:text=an%20application.-,DDOE%20Approval,-Institutions%20that%20are
- Renewal Information Page web link https://education.delaware.gov/community/higher-ed-authorizations/#:~:text=an%20application.-,DDOE%20Approval,-Institutions%20that%20are
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).
_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
_X___ 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:
No response provided
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
Yes
Clarifying comments
DDOE requires all schools offering programs to Delaware residents to hold a certificate of approval or participate in reciprocity via SARA.
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?
Yes
If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education 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
_____ Tribally-controlled institutions
_X___ Federal Institutions
_X___ Municipal institutions
Clarifying comments:
Institutions seeking degree granting authority or a certificate of approval, shall have achieved candidacy status or the equivalent standing from an Accrediting Agency or a nationally recognized Accrediting Agency (14 Del. Admin. C. §292).
Topic 4: Physical Presence Policy
If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.
Delaware does not have a Physical Presence Policy.
Web link for physical presence definition.
N/A
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.
Per Delaware Code (6.0) Application requirements for a certificate of Approval. The Postsecondary Institution shall submit the application, all required documentation, and the applicable fee either electronically or in hard copy to the Department. The application fee for issuance of a Certificate of Approval for Postsecondary Institutions that did not obtain Degree Granting Authority from the Department prior to the effective date of this regulation is $10,000.00 in the form of a check made payable to the Delaware Department of Education. The application fee for renewal of a Certificate of Approval for Postsecondary Institutions that did not obtain Degree Granting Authority from the Department prior to the effective date of this regulation is $5,000.00 in the form of a check made payable to the Delaware Department of Education. There is not an application fee for issuance or renewal of a Certificate of Approval for Postsecondary Institutions in Delaware that obtained Degree Granting Authority from the Department prior to the effective date of the regulation.
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.
Whether the Institution intends to offer an educator preparation program. For information on applying for approval of an educator preparation program, contact Keeley Powell at keeley.powell@doe.k12.de.us or 302-735-4262
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
Clarifying comments:
No response provided
Topic 6: Fees Associated with Authorization
Is there an application fee associated with the authorization process?
Yes (SARA Institutions are exempt from associated fees)
If yes, what is the fee or fee schedule?
Any postsecondary institution that did not have degree granting authority from Delaware prior to March 2023 is responsible for paying the following fees:
- Recognized and Provisional Approval Applications- $10,000
- Full Approval Applications – $5,000
Web link for fee information.
No response provided
Clarifying comments:
No response provided
Topic 7: Surety Bonds
Does your agency require a Surety Bond for authorized out-of-state institutions?
See #c for clarification
Web link for surety bonds.
No response provided
Clarifying comments:
In order to maintain approval the Postsecondary 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. Notwithstanding the foregoing requirement, if the Postsecondary Institution seeks to obtain Degree Granting Authority from the Department, the Postsecondary Institution shall maintain a Surety Bond to cover the tuition and fees paid by enrolled students in the event of sudden school closure in order for the Postsecondary Institution to be granted and maintain Recognized Applicant status and Provisional Approval status. Once the Postsecondary Institution obtains Full Approval status, the Postsecondary 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. All Postsecondary Institutions shall secure the transmission of all student materials as per 14 Del.C. §192
https://regulations.delaware.gov/AdminCode/title14/200/292.shtml
Topic 8: Student Tuition Recovery Fund
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?
Yes, we require IHE’s to have a Surety Bond or assets to cover.
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
If yes, for what types of institutions?
No response provided
Web link for tuition refund policy.
No response provided
Clarifying comments:
The Tuition Refund Policy Requirement is addressed in sections of the 292 Administrative Regulations: Section 4.0 (specifically 4.1.2 and 4.1.8)
https://regulations.delaware.gov/AdminCode/title14/200/292.shtml
Topic 10: Reporting
What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?
The University is required to submit any renewals or changes to national, regional, or state accreditation to the Delaware Department of Education as part of the process towards maintaining its authority to confer academic and honorary degrees (14 DE Admin. C. 292). The University may be required to submit key annual evaluation documents relative to the school’s program offerings upon request.
How frequently do institutions report data?
Annually upon SARA renewal.
Is this information shared publicly?
No
Web link for reporting.
No response provided
Clarifying comments:
No response provided
Topic 11: Enforcement
What are possible consequences of institutional non-compliance?
Closure.
Web link for enforcement information.
https://regulations.delaware.gov/AdminCode/title14/200/292.shtml#TopOfPage
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))
For public and private (for-profit and not-for-profit) institutions the complaintive is directed to the home state which has jurisdiction over the school.
Web link for the non-SARA complaint form.
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.)?
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.
Who is the contact person or entity for your state for receiving non-SARA student complaints?
- Contact Name: aQuena Williams
- Title: Postsecondary Education Specialist
- Agency: Delaware Department of Education
- Address: 401 Federal Street, Dover, DE 19901
- Email: aquena.williams@doe.k12.de.us
- Phone: (302) 735-4223
- URL: dheo@doe.k12.de.us
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?
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:
- Notify in writing the Department of Education and all currently enrolled students of the decision to cease operation;
- 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;
- 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:
- Academic records, including written evaluations, competency assessments, etc.;
- Catalogues;
- Change of grade forms;
- Class lists, including original grade sheets;
- Commencement programs/graduation lists;
- Schedules of classes;
- Financial aid transcripts and supporting documents.
From what agency or entity do students request their transcripts/records from a closed higher education institution?
Agency Name: DE Department of Education
Contact Person:
Contact Phone:
Contact Address: 401 Federal Street, Dover, DE 19901
Contact Email: dheo@doe.k12.de.us
Contact website: https://education.delaware.gov/
Clarifying comments:
The custodian of student records identified/designated by the closing school in Section 6 of Regulation 192 under Title 14 would be the first source to contact. The Delaware Higher Education Office would also be considered a point of contact for students.
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.