Agency Information

Guide Topics

Agency Contact

Claire Gunwall
701-328-4140
claire.gunwall@ndus.edu

Additional Contact

Lisa A Johnson
701-328-4143
lisa.a.johnson@ndus.edu

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).

__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
__X__ 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

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
__X__ Religious institutions
__X__ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

Clarifying comments:

All institutions must be accredited by national or regional accrediting agency recognized by the United States Department of Education.

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 includes a building, classroom or an office used to distribute education or marketing online classes.

Web link for physical presence definition.

No response provided

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

Postsecondary institutions whose only physical presence in ND consists of students enrolled in practicums, internships, clinicals, or student teaching in this state are exempt.

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, advertising targeted to residents of your state does trigger the requirement for authorization with the agency. According to the ND century code, offering or advertising to instruct, educate, or enroll individuals in postsecondary educational programs in the state requires the institution to have a valid authorization from the board. This includes any solicitation, advertising, or contract related to educational services. Failure to comply with these requirements can lead to civil penalties or even criminal sanctions.

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:

If an institution has a physical presence in North Dakota – such as a classroom, building, or even an office, they need to get approval from the State Board of Higher Education, and information gathered is in more detail.

Topic 5: Application Process

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

Institution applications includes institution name, web address, location, type, contact information, accrediting agency information, sanctions/warnings, federal financial responsibility composite score, type of presence in ND, program licensure information, and application fee.

Web link for application.

https://ndus.teamdynamix.com/TDClient/1962/CTS/Requests/ServiceDet?ID=26252

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?

  • Institutions without physical presence/online only – new and renewal – $250
  • Institutions with physical presence – new application – $4500
  • Institutions with physical presence – renewal – $2000

Web link for fee information.

https://ndus.teamdynamix.com/TDClient/1962/CTS/Requests/ServiceDet?ID=26252

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:

If an institution has a physical presence in our state surety bonds are required. The SBHE may require bonds from postsecondary educational institutions for out-of-state institutions.

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?

North Dakota University System institutions.

Web link for tuition refund policy.

SBHE Policy 830.2 Refunds

NDUS Procedure 830.2 Refunds

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?

Institutions must complete an application which includes the institution name, web address, location, type, contact information, accrediting agency information, sanctions/warnings, federal financial responsibility composite score, type of presence in ND, program licensure information, and application fee.

How frequently do institutions report data?

Annually

Is this information shared publicly?

No

Web link for reporting.

No response provided

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

Institutions that are not in compliance with ND century code will be denied for the initial or renewal application.

Web link for enforcement information.

https://www.legis.nd.gov/cencode/t15c18-1.pdf?20150624105352

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))

If a student is a North Dakota resident attending a distance education program at a non-SARA institution in another state, the student will need to begin the complaint process at the institution they are attending. In the event that institutional processes do not result in a successful resolution of the student’s complaint, the SARA Portal Agency of that state is responsible for the final resolution of the complaint.

Web link for the non-SARA complaint form.

No specific link. Information can be found under the Complaint Process heading under the web page https://ndus.edu/state-authorization-sara

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.)?

Every institution (private, for-profit, and public) is required to establish, publish, and enforce policies related to complaints and grievances.

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

Contact Name: Claire Gunwall
Title: Director of Academic Affairs
Agency: North Dakota University System
Address: 600 East Boulevard Ave, Dept 215, Bismarck, ND 58505-0230
Email: stateauth@ndus.edu
Phone: 701-328-4140
URL: https://ndus.edu/

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?

No response provided

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

No response provided

Agency Name:

Contact Person:

Contact Phone:

Contact Address:

Contact Email:

Contact web site:

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.