Montana Office of the Commissioner of Higher Education
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1: Important Agency Information to Note
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2: Types of Educational Providers Authorized
_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
____ 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
_X__ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions
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_X__ Institution _____ Program _____ Both
Montana grants exemptions to religious institutions in accordance with Federal definitions.
3: Accreditation
Yes
Accreditation 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
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions
Accreditation, candidacy for accreditation, or an MOU with an accredited institution which will grant degrees until candidacy is achieved is required. Religious institutions may be exempt if their program offerings are solely religious in nature.
4: Exemptions
Authorization requirements do not apply to:
• Religious institutions that are owned, controlled, operated and maintained by a religious organization lawfully operating as a non-profit religious corporation and that award only religious degrees or certificates;
• Schools of barbering, cosmetology, electrology, esthetics, and manicuring, which are regulated under Title 37, Chapter 31, MCA;
• Flight schools possessing a valid certificate issued by the Federal Aviation Administration; and
• Institutions domiciled in states other than Montana that are duly-authorized members of the State Authorization Reciprocity Agreement (Note: this exemption does not apply if the institution has a physical presence in Montana, as defined by section 5 of the State Authorization Reciprocity Agreements: Policies and Standards).
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5: Authorization of Distance Education
Yes
N/A
Yes
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6: Physical Presence Policy
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7: Student Complaints - SARA Participating Institutions
Individuals with complaints regarding institutions that are operating in Montana, but are not part of the Montana University System, have the following options:
- Utilize the internal complaint processes of the applicable institution.
- Complaints concerning consumer protection violations should be directed to the Montana Department of Justice Office of Consumer Protection. https://dojmt.gov/consumer/consumer-complaints/
- Complaints concerning proper licensure under Montana law (see Board of Regents’ Policy 221, http://www.mus.edu/borpol/bor200/221.pdf), including, if applicable, complaints related to State Authorization Reciprocity Agreement standards, may be directed to the Montana University System Office of the Commissioner of Higher Education, 560 N. Park Avenue, PO Box 203201, Helena, Montana 59620-3201, 406-449-9124.
- Complaints concerning broad institutional academic practices, such as those that raise issues regarding the institution’s ability to meet accreditation standards may be directed to the applicable institution’s accrediting agency.
Complaints regarding SARA participation are handled within our agency.
- Contact Name: Hannah Tokerud
- Title: Associate Legal Counsel
- Agency: Montana University System – Office of the Commissioner of Higher Education
- Address: 560 N Park Avenue, Helena MT 59601
- Email: stateauthorization@montana.edu
- Phone: 406-449-9173
- URL: https://mus.edu/che/arsa/StateAuthorization/Outside.html
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8: Student Complaints - Non-SARA Participating Institutions
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We divide responsibility. Please see language below.
Individuals with complaints regarding institutions that are operating in Montana, but are not part of the Montana University System, have the following options:
- Utilize the internal complaint processes of the applicable institution.
- Complaints concerning consumer protection violations should be directed to the Montana Department of Justice Office of Consumer Protection. https://dojmt.gov/consumer/consumer-complaints/
- Complaints concerning proper licensure under Montana law (see Board of Regents’ Policy 221, http://www.mus.edu/borpol/bor200/221.pdf), including, if applicable, complaints related to State Authorization Reciprocity Agreement standards, may be directed to the Montana University System Office of the Commissioner of Higher Education, 560 N. Park Avenue, PO Box 203201, Helena, Montana 59620-3201, 406-449-9124.
- Complaints concerning broad institutional academic practices, such as those that raise issues regarding the institution’s ability to meet accreditation standards may be directed to the applicable institution’s accrediting agency.
Yes
- Contact Name: Hannah Tokerud
- Title: Associate Legal Counsel
- Agency: Montana University System – Office of the Commissioner of Higher Education
- Address: 560 N Park Avenue, Helena MT 59601
- Email: stateauthorization@montana.edu
- Phone: 406-449-9173
- URL: https://mus.edu/che/arsa/StateAuthorization/Outside.html
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9: Surety Bonds
Yes
$10,000 Surety bond required for institutions who lack a Federal Financial Responsibility Score of 1.0 or greater.
10: Tuition Refund Policy
No
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11: Student Tuition Recovery Fund
No.
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12: Reporting
We have no annual reporting procedure. Institutions are responsible for notifying the Office of the Commissioner should their accreditation, ownership, or financial situation change.
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13: Enforcement
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14: Application Process
Any institution offering post-secondary degree programs, as defined in Policy 221, in the state of Montana must obtain prior authorization from the Montana Board of Regents of Higher Education.
Montana Board of Regents Policy 221
After reviewing the requirements and policies, fill out the applicable form, save it, and email it to the Montana State Authorization Compliance Officer.
State Authorization Application - Public Institutions
State Authorization Application - For-profit/non-profit Institutions
If the Montana State Authorization Compliance Officer informs your institution that it will need to secure a surety bond, please use the following form:
Montana Board of Regents of Higher Education Surety Bond for Postsecondary Educational Institutions
Once completed, please send the original bond to:
Office of the Commissioner of Higher Education
Attn: Hannah Tokerud
560 N. Park Ave
Helena, MT 59601
The Montana State Authorization Compliance Agent will attempt to respond to all inquiries and submissions within 20 days of receipt.
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15: Fees Associated with Authorization
No Fees
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16: Records Retention
The following language is included in policy 221
Procedures Applicable to Closure of Institution.
1. Notification. In the event an institution closes and ceases operations, the chief administrative officer is required to provide timely notification, in writing, to the Office of the Commissioner of Higher Education and currently enrolled or recruited students of its intentions. The written notification to the Office of the Commissioner of Higher Education must include:
· Name, mailing address, email address and telephone number of the chief administrative officer (or designee), valid for post-closure communications;
· The date on which the institution will officially close;
· A written plan for access to and preservation of permanent records;
· What actions the institution plans to take in regards to its students;
· A report of the status of all students currently enrolled and those students on leave of absence whose education and training program will not be fully completed by the date of the institution’s closure;
· A written statement from the chief administrative officer affirming that all recruitment efforts, program marketing, advertisement, solicitation and enrollment of new students has ceased.
2. Transcripts. a. Institutions domiciled in the State of Montana. Those institutions physically domiciled in Montana must provide to the Office of the Commissioner of Higher Education all student transcripts in its possession. The Office of the Commissioner of Higher Education shall maintain all such records for a period of twenty years from receipt. b. Institutions domiciled in states other than Montana. Those institutions physically domiciled in states other than Montana must provide to the Office of the Commissioner of Higher Education all student transcripts in its possession that relate to residents of the State of Montana. The Office of the Commissioner of Higher Education shall maintain all such records for a period of twenty years from receipt.
- Contact Name: Hannah Tokerud
- Title: Associate Legal Counsel
- Agency: Montana University System – Office of the Commissioner of Higher Education
- Address: 560 N Park Avenue, Helena MT 59601
- Email: stateauthorization@montana.edu
- Phone: 406-449-9173
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17: Additional Information
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