Agency Information

Guide Topics

Agency Contact

Michael Netzloff
701-328-3187
mnetzloff@nd.gov

Secretary of State Contact

Michael Howe
701-328-2900
sos@nd.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).

_____ Public, in-state degree granting institutions
_____ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions  (only occupational associates degree or less)
__X__ Private, out-of-state, not-for-profit degree granting institutions  (only occupational associates degree or less)
__X__ Private, in-state, for-profit degree granting institutions (only occupational associates degree or less)
__X__ Private, out-of-state, for-profit degree granting institutions (only occupational associates degree or less)
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions (only occupational associates degree or less)
__X__ Non-degree, for-profit institutions (only occupational associates degree or less)
_____ 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:

No response provided

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

No response provided

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?

Yes, out-of-state institutions must be fully accredited before applying for authorization. In-state institutions must start the process with an accreditation organization and have a timeline of completion for preliminary authorization.

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

_____ 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
__X__ Non-degree, not-for profit institutions
__X__ 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.

It depends on the situation.

Web link for physical presence definition.

No response provided

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

This is actually an exemption from authorization, in most cases.

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?

Yes

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

Yes

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

Yes, definitely

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

Yes

Clarifying comments:

No response provided

Topic 5: Application Process

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

The application and all documents are found on the website: https://www.cte.nd.gov/ Under Business, and then under Private Career Schools.

Web link for application.

No response provided

Clarifying comments:

No response provided

Topic 6: Fees Associated with Authorization

Is there an application fee associated with the authorization process?

$1000 for initial application, $500 for renewal

If yes, what is the fee or fee schedule?

No response provided

Web link for fee information.

No response provided

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 amount of the surety bond must be at least ten percent of the career school’s total gross income. The minimum bond, however, may not be less than ten thousand dollars, regardless of gross income. The bond must be in the amount of at least ten thousand to one hundred fifty thousand dollars, as determined by gross income. Career schools may provide a bond in an amount exceeding the required amount.

A career school that has no previous gross income from operating in this state that is seeking an initial, provisional authorization to operate must provide a bond in an amount no less than ten thousand dollars, and may, at its own discretion, provide a bond exceeding ten thousand dollars.

If the board determines that a higher level of bonding is warranted for consumer protection purposes, the board may require a bond in an amount that exceeds the amount derived from calculations as described above.

Topic 8: Student Tuition Recovery Fund

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

For private post-secondary career schools (which are the only type of private schools that ND CTE takes care of), there is no fund established, but it is required that schools obtain a bond as tuition protection.

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 that authorize with us.

Web link for tuition refund policy.

No response provided

Clarifying comments:

Postsecondary career schools shall refund tuition and other charges, other than a reasonable application fee, when written notice of cancellation is given by the student in accordance with the following schedule:

a. When notice is received prior to, or within seven days after completion of the first day of instruction, or after receipt of the first correspondence lesson by the school, all tuition and other charges must be refunded to the student.

b. When notice is received prior to, or within thirty days after completion of the first day of instruction, or prior to the completion of one-fourth of the educational services, all tuition and other charges except twenty-five percent thereof must be refunded to the student.

c. When notice is received upon or after completion of one-fourth of the educational services, but prior to the completion of one-half of the educational services, all tuition and other charges except fifty percent thereof must be refunded to the student.

d. When notice is received upon or after the completion of fifty percent of the educational services, no tuition or other charges may be refunded to the student.

Topic 10: Reporting

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

Everything required in our application is required for authorization for all schools, yearly.

How frequently do institutions report data?

Yearly

Is this information shared publicly?

No, only a list of those approved with programs approved.

Web link for reporting.

No response provided

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

Civil and Criminal Penalties

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))

We handle complaints of students against the institutions in various forms, but primarily in fees, refunds, etc.

Web link for the non-SARA complaint form.

No response provided

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.)?

We only handle student complaint duties.

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

Contact Name:  Michael Netzloff
Title:  Special Populations/Educational Equity Administrator
Agency:  North Dakota Department of Career and Technical Education
Address:  600 E Boulevard Ave Dept. 270    Bismarck, ND  58505
Email:  mnetzloff@nd.gov
Phone:   701-328-3187
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?

The school must contact our agency and either provide information on where the student records will be housed or give the ND records to us to store. In either case, the school must contact us immediately.

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

Agency Name: ND CTE
Contact Person: Michael Netzloff
Contact Phone:
Contact Address:
Contact Email: mnetzloff@nd.gov
Contact website: https://www.cte.nd.gov/sites/www/files/documents/Students/TranscriptRequest54008.pdf

Clarifying comments:

All students must complete the form listed above in the link and sign it. We do not currently take third-party requests.

Topic 14: Additional Information

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

North Dakota University System oversees all degree granting institutions.

What is your preferred method of communication?

Email

 

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