Agency Information

Guide Topics

Agency Contact

Andrew Wold
651-259-3904
andrew.wold@state.mn.us

Additional Contact

Kate McCartan
651-259-3912
kate.mccartan@state.mn.us

Secretary of State Contact

Steve Simon
651-201-1324
secretary.state@state.mn.us

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).

_____   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
_____  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
__X__  Tribally-controlled institutions
__X__  Federal Institutions
__X__  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:

We only regulate tribal colleges if they participate in state financial aid programs.  Religious institutions must qualify for an exemption from authorization.  Only some seminaries qualify for this limited exemption.

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

Both

Yes for degree-granting institutions

No for non-degree granting institutions

Clarifying comments

Physical presence can be triggered by sending recruiters to MN, have on-ground internships or clinical experiences, and advertising in the state.

Yes: for non-degree granting institutions.

No: for degree-granting institutions

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?

Both

If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:

OHE does not distinguish between national and regional accreditation. OHE does require institutional accreditation (so hybrid accreditation is allowed if all degree-programs are accredited). Exempt institutions, including religious institutions, are not required to have accreditation.

__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
_____ 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:

Accreditation is required for degree-granting institutions, not for non-degree granting institutions.

No distinction between national and regional accreditation- accreditation must be institutional accreditation.

Topic 4: Physical Presence Policy

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

Degree granting institutions: “All schools located within Minnesota and all schools located outside Minnesota which offer degree programs or courses within Minnesota shall register annually with the office.” Minn. Stat. 136A.63

Non-degree granting institutions, “A private career school must not maintain a physical presence in Minnesota without first obtaining a license from the office.”

Web link for physical presence definition.

https://www.revisor.mn.gov/statutes/cite/136A.63

https://www.revisor.mn.gov/statutes/cite/136A.822

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:

OHE has had to develop a test to determine whether a degree-granting institution is located in Minnesota (as to deal with issues of diploma mills or schools using a PO Box to establish location).  Factors include administrative services location, office space (not just by the hour), and board member and meeting location.

Topic 5: Application Process

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

Applications for programs, institution information (including ownership information), faculty information, locations, financial information, and accreditation information.

Web link for application.

https://mnsas.ohe.state.mn.us/initial-inquiry/ – for degree granting and https://www.ohe.state.mn.us/mPg.cfm?pageID=204 for non-degree granting

Clarifying comments:

No response provided

Topic 6: Fees Associated with Authorization

Is there an application fee associated with the authorization process?

Fee schedule is based on number and type of academic programs.

If yes, what is the fee or fee schedule?

No response provided

Web link for fee information.

https://www.revisor.mn.gov/statutes/cite/136A.69 and https://www.revisor.mn.gov/statutes/cite/136A.824

Clarifying comments:

We ask that schools ask our office to calculate total fees as most schools over-calculate what the total cost would be.

Topic 7: Surety Bonds

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

Both

Web link for surety bonds.

No response provided

Clarifying comments:

There are surety requirements for all non-degree granting institutions and degree-granting institutions if the schools is on HCM1 or LOC status with the USDOE.

Topic 8: Student Tuition Recovery Fund

Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No, but OHE utilizes surety requirements. They are mandatory for all non-degree granting institutions, but triggered for degree granting institutions based of financial responsibility.

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, only for non-degree granting institutions.

If yes, for what types of institutions?

No response provided

Web link for tuition refund policy.

No response provided

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?

https://www.revisor.mn.gov/statutes/cite/136A.64

How frequently do institutions report data?

Annually.

Is this information shared publicly?

No.

Web link for reporting.

https://mnsas.ohe.state.mn.us/signin/

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

No response provided

Web link for enforcement information.

No response provided

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))

https://www.ohe.state.mn.us/mPg.cfm?pageID=1078

Web link for the non-SARA complaint form.

https://www.ohe.state.mn.us/pdf/ComplaintForm.pdf

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.)?

The process is handled within OHE, except for in-state public institutions.  Those complaints are referred to the appropriate entity.

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

  • Contact Name: Kate McCartan
  • Title: Institutional Monitoring Specialist
  • Agency: Minnesota Office of Higher Education
  • Address: 1450 Energy Park Drive, Suite 350, St. Paul, MN 55108
  • Email: kate.mccartan@state.mn.us
  • Phone: 651-259-3912
  • URL:

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?

Minnesota requires a school to provide a copy (or the originals, if paper and only one is available) of all transcripts prior to closing or leaving the state.  Minnesota has a required retention schedule/plan for all schools.  Many of these plans include a surety bond that Minnesota will not released until Minnesota receives the transcripts.  Minnesota retains transcripts for 50 years.

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

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.