Agency Information

Guide Topics

Agency Contact

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

Additional Contact

Jennifer Armour
785-430-4288
jarmour@ksbor.org

Secretary of State Contact

Scott Schwab
785-296-4564
sos@sos.ks.gov

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).

_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

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:

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 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

If an online institution meets the definition of physical presence, they will be required to obtain a certificate of approval.

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?

Accreditation is required for degree-granting institutions.

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
_____ 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.

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

(j) ”Physical presence” means:

(1) Operating an instructional site in Kansas, including, but not limited to:

  • (A) Establishing a physical location in Kansas where students receive instruction; or
  • (B) delivering a course or program that requires students participating in that course or program to physically meet at the same time and place in Kansas to receive instruction;

(2) delivering any distance education course to any student who remains in Kansas while participating in such course;

(3) maintaining a mailing address or phone exchange in Kansas;

(4) providing office space in Kansas to instructional or non-instructional staff;

(5) maintaining an administrative office in Kansas for the purpose of fulfilling the administrative functions of delivering instruction, whether face-to-face or via distance education; or

(6) providing student support services, from a physical site operated by or on behalf of the institution in Kansas.

Web link for physical presence definition.

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

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

Possibly – reviewed on a case by case basis.

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

No

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

No

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

Yes

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

No

Clarifying comments:

See the definition of physical presence — K.S.A. 74-32, 163(j)

Topic 5: Application Process

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.

Web link for application.

Please contact contacts listed above.

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?

The fee schedule can be found at https://kansasregents.org/about/rules-regulations/private-postsecondary-rules-regulations?start=6

Web link for fee information.

https://kansasregents.org/about/rules-regulations/private-postsecondary-rules-regulations?start=6

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:

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

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

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

If yes, for what types of institutions?

All institutions with a certificate of approval to operate in Kansas.

Web link for tuition refund policy.

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

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?

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.

How frequently do institutions report data?

Annually

Is this information shared publicly?

Yes

Web link for reporting.

No response provided

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

K.S.A. 74-32, 172; 173; 177; 178; 178a; 179

Web link for enforcement information.

http://www.ksrevisor.org/statutes/chapters/ch74/074_032_0162.html

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))

Process is outlined at https://kansasregents.org/academic_affairs/private_out_of_state/complaint_process

Web link for the non-SARA complaint form.

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

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.)?

Handled all within the agency

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

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?

Regulation Article 88-28-8

https://kansasregents.org/about/rules-regulations/private-postsecondary-rules-regulations?start=8

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

Agency Name: Kansas Board of Regents

Contact Person: Sally Ediger

Contact Phone: 785-430-4290

Contact Address:

Contact Email: schoolclosures@ksbor.org

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

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.