Agency Information

Guide Topics

Agency Contact

Joshua Fischer
(573) 522-1377
joshua.fischer@dhewd.mo.gov

Secretary of State Contact

Denny Hospkins
573-751-4936
info@sos.mo.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 (typically depends on accreditation status; unaccredited – yes; accredited – it depends on other factors such as if they are state aid eligible)
_____    Non-degree, for-profit institutions
__X*_    Religious institutions
_____    Tribally-controlled institutions
_____    Federal Institutions
_____    Municipal institutions

*Primarily through SARA and Exemptions, but can need certification in some instances

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:

N/A

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

Out of state Public Schools require programs to be authorized by the state for distance ed.
We do not regulate private schools for distance education, however schools should be aware of Physical Presence triggers, such as:

  1. Purchasing Missouri-based television/radio/podcast/social media advertisements.
  2. Purchasing telephone or email marketing through Missouri businesses.
  3. Purchasing flyers, brochures, pamphlets distributed by or from Missouri businesses.
  4. Purchasing or leasing property or utilities in Missouri to support teaching, recruiting, enrolling, or advertising and marketing.
  5. Signing agreements, contracts, or memorandums of understanding with Missouri businesses for student recruitment/enrollment referral.
  6. Signing agreements, contracts, or memorandums of understanding with Missouri businesses for internships, clinical placement, or other students services.
  7. Conducting live, in-person classroom education or training within the geographical boundaries of Missouri.
  8. Employing or contracting a recruiter who resides in Missouri or has established a physical presence in Missouri.

There is a recent change to an interpretation of policy that causes most Distance Education involving Externships or Clinicals to require certification now, especially if a school has created contracts with businesses for those externships.

There is a slight nuance to the determining factor for presence of out-of-state schools and training agencies and their students in Missouri engaged in internships, externships, and clinical placement. This nuance is related to who initiated the need for the agreement, contract, or memorandum of understanding with the Missouri business for that internship, externship, or clinical placement.  But in these instances, a school must still certify if there are 2 or more people between students and instructors involved in the externship.

In situations where students are permitted to choose any relevant Missouri business for their internship, externship, or clinical placement that then requires an out-of-state school or training agency to form an agreement/contract/MOU with that Missouri business, such situations do not constitute a presence in Missouri because it is student-driven. In situations where out-of-state schools and training agencies have pre-established agreements/contracts/MOUs with Missouri businesses to which students are assigned by the school or training agency to attend, or from which students must make a limited choice to attend, does constitute a presence in Missouri for out-of-state schools and training agencies because it is institution-driven.

The previous rule Title 6 CSR 10-5.010(1)(Z) citing that Two or More Students and Teachers triggers physical presence now means that if the number of students from a school and the number of people supervising the externship is equal to 2 or more people physically present in Missouri then it triggers Physical Presence.  Formerly there had been some leeway of “per program, per location,” but this language has been restricted to SARA schools only.  Non-SARA schools must certify if they have 2 people in the state at all.

Clarifying comments

https://dhewd.mo.gov/higher-education/nonsara-distance-education

https://www.sos.mo.gov/cmsimages/adrules/csr/current/6csr/6c10-5.pdf

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?

No, but schools offering degrees must be accredited.

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
_____ Private, in-state, not-for-profit degree granting institutions
_____ Private, out-of-state, not-for-profit degree granting institutions
__X*_ 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

Clarifying comments:

While accreditation is not required for in state for profit school in statute, Missouri does not certify non-accredited schools for operation, and this is expected to be added to Statute soon.

Likewise SARA schools still require Accreditation, as do schools participating in certain DHEWD programs.

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” means any person or location within the state of Missouri where, from, or through which a school operates for the purpose of conducting an activity relating to postsecondary education, including the granting of certificates or degrees, or for the purpose of recruiting students. Location is defined to include any address, physical site, electronic device, or telephone number within or originating from within the boundaries of the state of Missouri. Physical presence shall also mean a formally scheduled instructional interaction organized by or through a school taking place between two (2) or more students and/or instructors within the state of Missouri. Physical presence does not include any activity conducted by a school based outside of Missouri covered by the provisions of the State Authorization Reciprocity Agreement.

Title 6 CSR 10-5.010(9)(E) Out-of-State Recruiter

“All non-Missouri schools maintaining a physical presence in Missouri for the purpose of recruiting students to attend the non-Missouri school must be certified to operate. Physical presence, in the context of recruitment operations, shall mean any address, physical location, electronic device, or telephone number within the boundaries of the state of Missouri from which promotional material is distributed or recruitment effort initiated and/or to which potential or prospective students may inquire or respond. Physical presence does not include advertising through printed or electronic media as long as the initiation for that advertising is not within this state or the advertising does not identify any Missouri presence. In order to be certified to operate in Missouri for recruitment purposes, an out-of-state institution must comply with the same standards and procedures as are applicable to a Missouri institution and must annually apply for and receive a certificate of approval.”

Web link for physical presence definition.

https://www.sos.mo.gov/cmsimages/adrules/csr/current/6csr/6c10-5.pdf

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

Clinicals for non-SARA schools may place up to two people in the state between both instructor and student before needing certification.  Additionally the school may not have contracts in the state unless the need for that contract was facilitated by the student’s choice of clinical/internship location.  If a school requires a student to perform a clinical/internship at a specific location due to an existing contract they will be violating physical presence.

SARA schools may do up to 10 students per program per location.

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

They are subject to the same rules.

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?

Yes, this counts as physical presence for non-SARA schools.

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?

Title 6 CSR 10-5.010(9)(E) Operating for Recruiting Purposes Only

  1. All non-Missouri schools maintaining a physical presence in Missouri for the purpose of recruiting students to attend the non-Missouri school must be certified to operate. Physical presence, in the context of recruitment operations, shall mean any address, physical location, electronic device, or telephone number within the boundaries of the state of Missouri from which promotional material is distributed or recruitment effort initiated and/or to which potential or prospective students may inquire or respond. Physical presence does not include advertising through printed or electronic media as long as the initiation for that advertising is not within this state or the advertising does not identify any Missouri presence.
  2. In order to be certified to operate in Missouri for recruitment purposes, an out-of-state institution must comply with the same standards and procedures as are applicable to a Missouri institution and must annually apply for and receive a certificate of approval.

Clarifying comments:

No response provided

Topic 5: Application Process

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

The review and approval of the school’s application to operate a proprietary school is first. The major sections of the application deal with operational standards (compliance), institutional information (data collection and verification), and publications (consumer information). These areas are based on standards organized around institutional, programmatic, personnel, financial, and student services information. Each section contains requests for information and a testament by a school official verifying compliance with certification standards and confirming the accuracy and completeness of the application materials. The application must demonstrate that the proposal is the product of careful planning, that the instruction proposed has legitimate purpose and reasonable expectations of adequacy, and that the proposed school will have the necessary resources to implement and maintain the proposed instruction in compliance with certification standards. Schools must submit an application fee of $660 with the initial application in order to be placed in the queue for review.

Processing time for an application for initial certification is impacted both by the care and diligence of its preparation and by the workload of DHEWD staff responsible for its evaluation. Applications are always processed as quickly as possible and usually in the order in which they are received. The suggested minimum expectation for the completion of the evaluation process is approximately 16-24 months. Schools proposing to offer a wide range of programs or to offer degree-level study should expect a longer review time. Depending on the type and level of programs envisioned, the DHEWD may use external consultants to assist with the evaluation of the application materials and the school proposal. Review of proposals to offer programs leading to professional licensure, such as massage therapy, will also include appropriate action or approval by the pertinent regulatory board in the state.

Applications for initial certification may be submitted at any time. For schools seeking annual recertification, March 15 prior to expiration of the current certificate to operate is the deadline for submission of the recertification application. Failure to meet this deadline can result in the lapse or denial of certification.

Web link for application.

https://dhewd.mo.gov/psc/edvera.php

Clarifying comments:

N/A

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 formula for the calculation of the certification fee is included in the application section of the rules and regulations and varies depending on the type of certification the school is seeking. For schools applying for initial certification, the fee is established as a flat amount ($660 total) for the remainder of the current certification year. After the initial certification year, the minimum annual fee is $660 and the maximum is $6,600. For schools applying for recertification, this step is concurrent with the verification of the security deposit.

Web link for fee information.

https://www.sos.mo.gov/cmsimages/adrules/csr/current/6csr/6c10-5.pdf

Clarifying comments:

N/A

Topic 7: Surety Bonds

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

Yes.

Web link for surety bonds.

https://dhewd.mo.gov/higher-education/psc

Clarifying comments:

Title 6 CSR 10-5.010(4)(I) Security Deposit

Each proprietary school must file a security deposit with coverage consistent with the statutory requirements of section 173.612, RSMo. 1. The security deposit shall be executed on the prescribed form provided by the department for that purpose. The security deposit shall cover all facilities and locations included within the certificate of approval issued by the Coordinating Board and shall clearly state that it covers the school and all locations and agents of the school. 2. Any bonding company must be approved by the Missouri Department of Commerce and Insurance. 3. The amount of the security deposit shall be ten percent (10%) of the preceding year’s gross tuition but in no event shall be less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), except that the school may deposit a greater amount at its own discretion. 4. The school may comply with the security deposit requirement through any of the following three (3) methods, at the discretion of the school: performance surety bond, irrevocable letter of credit, or cash bond secured by certificate of deposit.

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?

N/A

Web link for student tuition recovery fund.

N/A

Clarifying comments:

N/A

Topic 9: Tuition Refund Policy

Does your agency have a Tuition Refund Policy Requirement?

Yes.

If yes, for what types of institutions?

Any institution certified to operate under the proprietary school certification statute. Primarily in-state for-profit institutions and out of state private institutions regardless of tax status.

We also usually get Bonds for Tuition Recovery from schools with a FCRS of 1.4 or less.

Web link for tuition refund policy.

https://www.sos.mo.gov/cmsimages/adrules/csr/current/6csr/6c10-5.pdf

Clarifying comments:

Title 6 CSR 10-5.010 (6) Certification Standards

(E) – Student Cost Standards

  1. Cancellation policy. The school must provide for a period during which an enrollment or admission agreement may be cancelled by the student with refund of all monies paid. The catalog and enrollment agreement shall contain a clear, consistent statement of the cancellation policy and procedures. A. The cancellation policy should be substantially similar to the following: “Students have a period of at least three (3) days, excluding Saturdays, Sundays, and state holidays, after the student and the school sign the agreement during which the student may cancel the agreement and receive a refund of all monies paid.”
  2. Refund policy. The school must have a fair and equitable refund policy that meets the following criteria: A. The catalog and enrollment agreement shall contain a clear, consistent statement of the fair and equitable refund policy and procedures that provides a reasonable refund formula through at least one-half (1/2) of the enrollment period, unless the variation is authorized by the department based on program length or cost;

Topic 10: Reporting

What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?

Institutional description (name, address, contacts, etc.); programs offered; financial information; enrollments; completions; student outcomes.

Schools must upload their security deposit information, recertification fee, and tax clearance letter.

How frequently do institutions report data?

Annually. The closing date for the submission of applications for annual recertification shall be the March 15 immediately preceding the beginning of the certification year, and, contingent upon a school submitting an acceptable application on or prior to that closing date, a school’s certification status shall not lapse in the event a recertification decision is delayed past the expiration of the then current certification year.

Is this information shared publicly?

Not published but is available upon request as a public record.

Web link for reporting.

No response provided

Clarifying comments:

Certificates to operate shall be issued for a maximum of a one- (1-) year period, and schools must be recertified annually.

The annual certification year shall be from July 1 to June 30.

Schools initially certified shall be certified from the date of issuance of the certificate of approval to operate to the end of the current certification year, June 30.

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

Probationary status; suspension of authorization; termination of authorization.

Web link for enforcement information.

https://www.sos.mo.gov/cmsimages/adrules/csr/current/6csr/6c10-5.pdf

Clarifying comments:

Title 6 CSR 10-5.010 (10) Probation, Suspension, and Revocation of a Certificate of Approval

(A) Probation. A school may be placed on probation for reasons of noncompliance with sections 173.600 through 173.619, RSMo, or for noncompliance with the provisions of this rule. Probation provides a school with the opportunity to attain compliance within a given time limit or to provide evidence or clarification of unclear points regarding compliance with specific items. Probation shall be governed by the following criteria: 1. The department shall place a school on probation by notification in writing for a fixed period with a termination date. Termination dates may be extended on decision of the department if the school has not attained compliance or upon request of the school. The school may continue to operate during any probationary period; 2. The notice shall specify the item or items of noncompliance and shall include specific criteria and/or procedures for the school to be removed from the probation; 3. Failure of a school to comply with statutory requirements or the requirements of this rule by the termination date of the probation shall, on judgment and decision of the department, result in one (1) of the following actions: A. Suspension of the certificate of approval; or B. Revocation of the certificate of approval; and 4. A school in compliance with the specified probationary requirements may request removal from probationary status prior to the termination date of the probation.

(B) Suspension. A certificate of approval or a temporary certificate of approval may be suspended for up to twelve (12) months for noncompliance with provisions of sections 173.600 through 173.619, RSMo, or the provisions of this rule, and the following criteria and/or procedures shall apply. The purpose of suspension is to give the school the opportunity to correct the items of noncompliance within a set period of time. 1. The department shall suspend a school’s certificate of approval or temporary certificate of approval by notification in writing for a fixed period with a termination date. Termination dates may be extended on decision of the department if the school has not attained compliance or upon request of the school; however, in no case shall the total time of suspension exceed twelve (12) months. 2. The notice shall specify the item or items of noncompliance and shall include specific criteria and/or procedures for the school to be removed from suspension. 3. Failure of a school to comply with statutory requirements or the requirements of this rule by the termination date of the suspension shall, on judgment and decision of the department, result in revocation of the certificate of approval. 4. A school in compliance with the specified suspension requirements may request removal from suspended status prior to the termination date of the suspension. 5. The school may appeal an assignment of suspension to the Administrative Hearing Commission.

(C) Revocation. The department may revoke the certificate of approval or the temporary certificate of approval of any school for noncompliance with the provisions of sections 173.600 through 173.619, RSMo, or this rule. Revocation of a certificate to operate shall be governed by the following criteria and/or procedures: 1. The department shall revoke a school’s certificate of approval or temporary certificate of approval by notification in writing; 2. The notice shall specify the item or items of noncompliance with sections 173.600 through 173.619, RSMo, or this rule, and shall specify an effective date of the revocation, revocation upon the completion of operational functions as may be prescribed by the department, or both an effective date and completion of operational functions; 3. Revocation of a certificate of approval shall not forgive a school of full compliance with the requirements contained in this rule which are applicable to any school ceasing operations, including but not limited to making refunds to students, completion of instructional programs of students, and the reposit of student instructional and financial records; and 4. The school may appeal a revocation to the Administrative Hearing Commission.

Legislation pending this year may add the following:

  1. A school will be able to appeal a suspension to the Administrative Hearing Commission within thirty (30) days of the suspension.
  2. A school will be able to appeal a revocation to the Administrative Hearing Commission within thirty (30) days of the revocation; and 5. The school may reapply for initial certification after a period of six (6) months from the date of revocation.

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))

Only formal written complaints are reviewed through this process. The complaint is reviewed by department staff and provided to the institution for response. The original complaint and the institutional response are reviewed by staff and an advisory committee and a determination is made regarding any action required by the institution.

https://dhewd.mo.gov/media/pdf/complaint-resolution-policy

Web link for the non-SARA complaint form.

The Department does not make this form publicly available. Once a complaint is determined valid we send it out.

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?

We do not take these on and direct them to the school or that state’s agency.

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.)?

In most instances it is handled internally but we do have the authority to refer to another agency depending on the institutional type and its authorization status.

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

Contact Name: Madelyn LaManna
Title: Program Specialist
Agency: Missouri Department of Higher Education and Workforce Development
Address: 301 West High Street, Jefferson City, MO 65101
Email: Madelyn.LaManna@dhewd.mo.gov
Phone: 573-751-2361
URL:  Form issued after making sure that students have gone through their institution first.

Clarifying comments:

N/A

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?

By statute, institutions must make arrangements for the permanent storage of student records upon closure. The department requires documentation of these arrangements as part of the closure process.

Title 6 CSR 10-5.010 (8) Operating Standards

(C) A school must maintain a location or locations for all student records, including the student transcript, for both current and former students, that can reasonably assure their proper security, protection, and accessibility. (D) In the event a school terminates its operations, it must file or make arrangements to file all student transcripts in electronic form in an appropriate permanent repository approved by the department within fourteen (14) days of the termination date. Failure to do so shall result in forfeiture of the entirety of the security deposit required by section 173.612, RSMo. (E) In the event a school ceases operations without meeting refund, teach out, or record storage obligations, the school shall forfeit the entirety of the security deposit required by section 173.612, RSMo

Title 6 CSR 10-5.010 (2) Jurisdiction

(B) After receiving a certificate of approval to operate, the school shall— 1. Operate in compliance with the standards and procedures established in this rule; and 2. Maintain institutional and student data and information, as stipulated in this rule, and make such records available for department examination.

Title 6 CSR 10-5.010 (6) Certification Standards

(F) Student Services Information and Data

  1. Transcripts of the records of student achievement, including all degrees, certificates, or other awards granted, and evaluation of all students, past and present, enrolled at the school, whether or not completing the program of instruction shall be maintained permanently and in accordance with record storage requirements in subsections (8)(C) and (8)(D) of this rule. 2. The following student records are to be maintained for at least three (3) years after a student has graduated, withdrawn, or terminated enrollment, or longer as mandated by federal and/or state policies, procedures, or statutes: A. Records of the application of each student for enrollment and the decision made on that application; B. Records of the completion of an enrollment agreement by each student; C. Records of all financial charges to each student and payments made by or on behalf of the student; D. Records of all financial aid awarded to or obtained by each student, including governmental grants and loans, and the application of those funds to payment of student charges and/or refunds made to the student or the funding source; and E. Records of all disciplinary actions taken against individual students for their violations of school policies on attendance, conduct, dress, academic progress, and any other policies, as well as records of all associated grievance proceedings, as maintained in compliance with this rule.

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

Agency Name: Missouri Department of Higher Education and Workforce Development
Contact Person: Lexus Ferguson
Contact Phone: 573-526-5341
Contact Address: 301 West High Street, Jefferson City, MO
Contact Email: lexus.ferguson@dhewd.mo.gov
Contact website: https://dhewd.mo.gov/psc/closed-schools/

Clarifying comments:

N/A

Topic 14: Additional Information

Is there anything else about the state authorization process in your state that institutions and others ought to know about?

N/A

What is your preferred method of communication?

Email: Joshua.Fischer@dhewd.mo.gov

 

Please note: There could be additional state agencies with oversight of activities of your institution.