Responses Last Confirmed:

Kansas Board of Regents

Agency Contact

Crystal Puderbaugh
785-430-4287
cpuderbaugh@ksbor.org

Additional Contact

Secretary of State Contact

Scott Schwab
785-296-4564
sos@sos.ks.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
_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
_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:

Institutions exclusively delivering programs on property that is not jurisdictionally within or regulated by the state, such as schools located on federal military bases, or officially recognized Indian reservations, are not covered by Kansas statutes and regulations.

Topic

3: Accreditation

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

No

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

No Response Provided

Accreditation 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

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?

Yes, exemptions are established by K.S.A. 74-32-164 http://www.ksrevisor.org/statutes/chapters/ch74/074_032_0164.html

Whether one of these statutory exemptions applies is fact specific. Thus, each situation must be reviewed on a case by case basis. If a specific school qualifies as a private or out-of-state postsecondary educational institution that is operating in Kansas, it must obtain a certificate of approval from Kansas in order to lawfully offer its programs within Kansas, unless there is an exception that applies. There is currently no Kansas statute allowing the Kansas Board of Regents to waive the requirements of K.S.A. 74-32,162 et seq. if a school is subject to its dictates.

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?

Yes

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

No response provided

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

Yes

d.
Clarifying comments:

If an online school is engaging in activities that indicate they are “operating” in Kansas, they will be required to obtain a certificate of approval. Lack of physical presence alone will not exempt a school from compliance with state law, if the facts indicate that the school is soliciting students in Kansas or otherwise operating in Kansas. The review to determine application of Kansas statutes to such online programs is fact specific and utilizes tests typically associated with “long-arm jurisdiction” principles. On the other hand, a purely “passive” program will not usually be subject to Kansas approval.

Topic

6: Physical Presence Policy

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

Physical presence in Kansas is determined by reviewing whether an institution has an actual “brick and mortar” location in Kansas, is conducting direct marketing to Kansas residents ( e.g. radio, television, newspaper, magazine, direct mail, and/or telephone ads directed at Kansans), providing education to a number of Kansans who remain in Kansas while receiving such education, etc.

Physical presence is defined in K.S.A. 74-32, 163(j)

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.

No response provided

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.)?

No response provided

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

Contact Name: Jennifer Armour

Title: Associate Director for Academic Affairs

Agency: Kansas Board of Regents

Address:1000 SW Jackson, Suite 520

               Topeka, KS  66612

Email: complaints@ksbor.org

Phone:785-430-4288

URL: https://kansasregents.org/resources/PDF/Academic_Affairs/3257-ComplaintForm_SARAinstitutions.pdf

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?

No response provided

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.)?

Handled all within the agency

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: Jennifer Armour

Title: Associate Director for Academic Affairs

Agency: Kansas Board of Regents

Address:1000 SW Jackson, Suite 520

               Topeka, KS  66612

Email: complaints@ksbor.org

Phone:785-430-4288

URL: https://kansasregents.org/academic_affairs/private_out_of_state/complaint_process

 

f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

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

Yes

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

The bond requirement is outlined in K.S.A. 74-32, 175

http://www.ksrevisor.org/statutes/chapters/ch74/074_032_0175.html

Topic

10: Tuition Refund Policy

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

The refund policy applies to all types of institutions and is outlined in K.A.R. 88-28-2(a)(9)                            

https://kansasregents.org/about/rules-regulations/private-postsecondary-rules-regulations?start=2             

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?

This information is required every year. More frequently if there are any significant changes (e.g. changes in ownership, location, accreditation, and significant changes to approved programs). The only information that is published is the name of the school, address, phone number, website, accreditation and approved programs.

(see K.S.A. 74-32,169 and K.A.R. 88-28-2)

EACH INSTITUTION MUST PROVIDE SUFFICIENT EVIDENCE THAT IT MEETS and CONTINUES TO COMPLY WITH THE FOLLOWING CRITERIA:

a) Courses, curriculum and instruction must be of such quality, content and length as may reasonably and adequately ensure achievement of the stated objective for which the courses, curriculum or instruction are offered;

(b) space, equipment, instructional material and personnel must be adequate to provide education and training of good quality;

(c) educational and experience qualifications of directors, administrators and instructors are such as may reasonably ensure that students will receive instruction consistent with the objectives of their program of study;

(d) the institution must maintain written records of the previous education and training of students and applicant students, and training periods must be shortened when warranted by such previous education and training or by skill or achievement tests;

(e) a copy of the course outline, schedule of tuition, fees and other charges, settlement policy, rules pertaining to absence, grading policy, and rules of operation and conduct must be furnished to students upon entry into class;

(f) upon completion of training or instruction, the institution must provide students with certificates, diplomas or degrees, as appropriate, indicating satisfactory completion of the program;

(g) the institution must keep adequate records to show attendance, satisfactory academic progress and enforcement of satisfactory standards relating to attendance, progress and conduct;

(h) the institution must maintain compliance with all local, state and federal regulations;

(i) the institution must be financially responsible and capable of fulfilling commitments for instruction;

(j) the institution must not utilize erroneous or misleading advertising, either by actual statement, omission or intimation;

(k) the institution must have and maintain a policy, which shall be subject to state board approval, for the refund of unused portions of tuition, fees and other charges if a student enrolled by the institution fails to begin a course or withdraws or is discontinued therefrom at any time prior to completion; such policies shall take into account those costs of the institution that are not diminished by the failure of

the student to enter or complete a course of instruction; and

(l) the institution must have adopted, published and adhere to a procedure for handling student complaints. Institutions shall post information so that students will be aware of the complaint process available to them; the information shall be posted in locations that are used or seen by all students on a regular basis, such as the institution's web site, enrollment agreement, catalogue or other media.

b.
How frequently do institutions report data?

Annually

c.
Is this information published or shared publicly?

Yes

d.
Web link for reporting.

No response provided

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

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

K.S.A. 74-32, 172; 173

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 generally proceeds as follows:

• School completes the initial inquiry questionnaire from the link provided by our office

• School completes and submits the application materials and fees to the above listed contacts

• Kansas Board of Regents staff thoroughly reviews the submitted application materials and programs are reviewed based on statutory requirements

• When appropriate, subject matter experts may be asked to evaluate programs

• Upon request, school supplies additional information or makes corrections to meet requirements

• Degree granting institutions are submitted for approval as an agenda item at a monthly Kansas Board of Regents’ meeting

• For non-degree granting institutions, staff has authority to grant approval if all requirements have been met

• When all the applicable requirements have been met, the school is approved to operate and issued a Certificate of Approval.

• Site evaluations may be required

• Yearly renewal is required and documentation must be submitted that evidences continuing compliance with statutory minimums.

b.
Web link for application.

No response provided

c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

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

No response provided

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

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

 

Agency Name: Kansas Board of Regents

Contact Person:

Contact Phone:

Contact Address:

Contact Email: schoolclosures@ksbor.org

Contact website: https://kansasregents.org/academic_affairs/private_out_of_state/obtaining_a_transcript

 

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