Responses Last Confirmed:

Kansas Board of Regents

Agency Contact

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

Additional Contact

Secretary of State Contact

Kris Kobach
785-296-4564
sos@sos.ks.gov
Topic:

Types of Educational Providers Authorized

2A1.
Institution Types Authorized – 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,

2A2.
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.

2B1.
Is accreditation required for an institution to be authorized in your state? Yes or No.

No

2B2.
Clarifying comments:

No response provided

2B3.
If yes, what type of accreditation is required? Please, check all that apply as appropriate.

No Response Provided

Regional 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

__

2B4.
Clarifying comments:

No response provided

2C1.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution   _____ Program   __X__ Both

2C2.
Clarifying comments:

No response provided

2D1.
Does your state require a Surety Bond for authorized out-of-state institutions? Yes or No.

Yes

2D2.
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

2E1.
Does your state have a Tuition Refund Policy Requirement? If so, for which types of institutions?

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             

Topic:

Exemptions

3A1.
Are certain institutions or programs exempt by law or policy from your state authorization requirements? If so, for which types of institutions? Which types of programs? Please provide web link.

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

Topic:

Authorization of Distance Education

4A1.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence? Yes or No.

Yes

4A2.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard? Yes or No.

No response provided

4A3.
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

4B1.
Does your agency require correspondence study programs to be authorized without regard to physical presence? Yes or No

Yes

4B2.
Clarifying comments:

No response provided

Topic:

Physical Presence Policy - Common Triggers

5A1.
If your agency uses a physical presence standard, how does your agency define physical presence? If available, please provide a link to that policy or a citation to the relevant regulation giving that standard.

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)

5A2.
URL for physical presence definition

http://www.ksrevisor.org/statutes/chapters/ch74/074_032_0163.html

5A3.
Clarifying comments:

No response provided

Topic:

Application Process

6A1.
Description – Please provide a short description of the application process to obtain state authorization. If available, please provide web links to the specific references to all applicable state laws, regulations, manuals, forms, or other pertinent docu

The application process generally proceeds as follows:

• School completes the initial inquiry questionnaire from the above listed link

• 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

6A2.
URL for application

No response provided

6A3.
Clarifying comments:

No response provided

Topic:

Fees Associated with Authorization

7A1.
Application Fee – Is there an application fee to initiate the authorization process? If so, what is the fee or fee schedule? Please provide a web link if available.

No response provided

7A2.
URL for Fee Information

http://www.ksrevisor.org/statutes/chapters/ch74/074_032_0181.html

7A3.
Clarifying comments:

No response provided

Topic:

Reporting

8A1.
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

8A2.
URL for reporting

No response provided

8A3.
How frequently do institutions report data?

Annually

8A4.
Is this information published or shared publicly?

Yes

8A5.
Clarifying comments:

No response provided

Topic:

Consumer Protection and Student Complaints - Non-SARA Participating Institutions

9A1.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

No response provided

9A2.
URL for the complaint form

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

9A3.
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

9A4.
Clarifying comments:

No response provided

9B1.
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

9B2.
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

 

9B3.
Clarifying comments:

No response provided

Topic:

Consumer Protection and Student Complaints - SARA Participating Institutions

10A1.
Please describe the process for handling complaints about SARA participating Institutions.

No response provided

10A2.
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

10A3.
URL for student complaints – SARA participating institutions

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

10A4.
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

 

10A5.
Clarifying comments:

No response provided

Topic:

Enforcement

11A1.
If your agency has written descriptions of the possible consequence of institutional non-compliance, please provide it (or provide a web link).

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

Topic:

Records Retention

12A1.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

Regulation Article 88-28-8

12B1.
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

 

Topic:

Additional Information

13A1.
Is there anything else about the authorization process in your state that we and others ought to know about?

No response provided