Agency Contact
Claire Gunwall
701-877-5711
claire.gunwall@ndus.edu
Additional Contact
Lisa A Johnson
701-877-5713
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:
-
- Home Page web link https://ndus.edu/
- Statutes and Regulations Page web link no link provided
- Authorization Information Page web link https://ndus.edu/ndus-overview/governance/state-authorization-sara
- Application Information Page web link https://ndus.edu/ndus-overview/governance/state-authorization-sara
- Renewal Information Page web link https://ndus.edu/ndus-overview/governance/state-authorization-sara
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 means a presence established by:
i. Maintaining a physical location in North Dakota where students receive instruction or providing instruction to students at a designated location and time in North Dakota;
ii. Maintaining an administrative office in North Dakota for students receiving in-person instruction or distance education;
iii. Maintaining a North Dakota mailing address and a local telephone number;
iv. Providing office space in North Dakota to instructional or non-instructional staff; and
v. Providing student support services at a physical location in North Dakota, whether operated by or on behalf of the institution.
Web link for physical presence definition.
https://ndus.edu/ndus-overview/governance/state-authorization-sara
Does a 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 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 based on the minimum standards and criteria established by 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?
Yes
Does having a recruiter in your state trigger the requirement for authorization with your agency?
Yes
Clarifying comments:
If an institution has a physical presence in North Dakota they need to meet the minimum standards in ND century code and State Board of Higher Education policy.
Topic 5: Application Process
Please provide a short description of the application process to obtain state authorization.
Postsecondary institutions seeking state authorization as a physical presence must satisfy the following to be considered: application, comply with ND century code, validation of accreditation, federal financial responsibility composite score of 1.5 or higher, provide institutional program and student information, surety bond, application fee. Postsecondary institutions seeking state authorization for distance education must participate in NC-SARA and comply with the requirements of the council. If a postsecondary institution seeking state authorization is ineligible to participate in NC-SARA due to composite score requirements is exempt from NC-SARA membership if the institution 1) is an eligible participant in student financial aid program under title IV of Higher Education Act 1965; and 2) at the institutional level, has a financial responsibility composite score greater than 1.5, may apply and must satisfy the following to be considered: application, documentation and rationale why the institution isn’t eligible for NC-SARA, eligibility for student federal financial aid, comply with ND century code, validation of accreditation, institutional federal financial responsibility composite score 1.5 or higher, provide institutional program and student information, surety bond, application fee.
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?
| Enrolled FTE | Annual Fee |
| Less than 2,500 | $2,200 |
| 2,500-9,999 | $4,400 |
| 10,000-29,999 | $6,600 |
| 30,000 or more | $8,800 |
Web link for fee information.
https://ndus.edu/ndus-overview/governance/state-authorization-sara
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.
https://ndus.edu/wp-content/uploads/sites/6/2025/08/ND-Surety-Bond-Form.pdf
Clarifying comments:
If an institution applies for physical presence or exemption to the NC-SARA membership in our state a surety bond is required.
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.
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?
At the time of application the postsecondary institution must provide the following information:
i. FTE reported to IPEDs;
ii. Program Name;
iii. CIP Code;
iv. Degree Type (e.g., diploma, certificate, associate, bachelor, master);
v. Program length;
vi. Credit or clock hours;
vii. Professional licensure requirement for employment upon completion of the program;
viii. Number of all students enrolled (only required if seeking renewal);
ix. Number of North Dakota students enrolled (only required if seeking renewal); and
x. Number of North Dakota graduates (only required if seeking renewal).
Any approved institution shall notify the NDUS office within 30 days of any changes (e.g., accreditation, change of ownership, federal financial responsibility composite score, etc.) from the initial application.
Any approved institution shall notify the NDUS office within 30 days if the institution has received a complaint from a North Dakota student. After the institution conducts the investigation and resolution of the complaint, the institution shall notify the NDUS office of the outcome.
Any approved institution that offers courses or programs designed to lead to professional licensure or certification or advertised as leading to licensure must satisfy all federal requirements for disclosures regarding such professional licensure programs under N.D.C.C. § 15-18.1-17 and 34 C.F.R. § 668.43. For North Dakota state authorization, these requirements will also apply to non-Title IV institutions.
Any approved institution shall provide the following institutional public disclosures to students before enrollment:
a. A physical or electronic copy of the institution’s catalog and any other supporting document that details the services to be provided by the institution;
b. The title of the program or each course in which the student is enrolling, as identified in the catalog;
c. The number of credit or clock hours and the number of weeks or months required for completion of the program or each course in which the student is enrolling;
d. Identification of the type of diploma, certificate, associate, bachelor, master, or doctorate to be received by the student upon successful completion of the program or course;
e. The total amount of tuition required for the program or each course in which the student is enrolling. If the total number of credit or clock hours required for completion of the program will span more than one enrollment period, the disclosures shall include a statement that tuition is subject to change;
f. The cost of any required books and supplies, which may be estimated if necessary;
g. Any other costs and charges to be paid by the student;
h. The scheduled start and end dates of the program or each course and a description of the class schedule;
i. The method by which the student can cancel or voluntarily terminate enrollment; and
j. The institution’s refund policy for cancellations and terminations.
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?
A person who violates or fails or refuses to deposit with the board the records required by the board under this chapter, is subject to a civil penalty not to exceed one thousand five hundred dollars for each violation. Each day’s failure to comply with these provisions is a separate violation. The fine may be imposed by the board consistent with board policy and procedure.
A person who willfully violates this section, or who willfully fails or refuses to deposit with the board the records required by the board under this chapter, is guilty of a class B misdemeanor. The criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the attorney general of this state or a state’s attorney pursuant to section 15-18.1-12.
The board may suspend or revoke a person’s authorization to offer distance education to North Dakota residents until the person complies with the national council for state authorization reciprocity agreements membership requirements, unless the person is exempt under section 15-18.1-18.
The North Dakota university system office will notify in writing a person found to be out of compliance and the person will have thirty days to remedy the deficiency. If the deficiency is not remedied within the thirty-day period, penalties may be assessed.
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))
The North Dakota University System Office accepts complaints regarding North Dakota degree-granting postsecondary institutions authorized or exempt under N.D.C.C. 15-18.1, as well as those participating in the State Authorization Reciprocity Agreement (SARA). Students must have exhausted all options at the institution; then this agency handles the complaint.
Web link for the non-SARA complaint form.
https://ndus.edu/ndus-overview/governance/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?
If the institution’s complaint process does not result in a successful resolution, the North Dakota University System Office will conduct the final review for complaints originating at:
- Authorized or exempted North Dakota institutions; or
- SARA-participating institutions operating in North Dakota.
For North Dakota residents enrolled in a distance education program at a SARA institution located in another state, students must begin the complaint process at the institution they attend. If unresolved, the complaint should then be escalated to the SARA Portal Agency of the state where the institution is based.
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 the event that institutional processes do not result in a successful resolution of a complaint, NDUS is responsible for final resolution of any such complaints originating at any authorized or exempted degree-granting post-secondary institution.
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 & Workforce Innovation
Agency: North Dakota University System
Address: 600 East Boulevard Ave, Dept 215, Bismarck, ND 58505-0230
Email: stateauth@ndus.edu
Phone: 701-877-5711
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?
ND century code 15-18.1 https://ndlegis.gov/cencode/t15c18-1.pdf#nameddest=15-18p1-01
SBHE Policy 470 State Authorization https://ndus.edu/sbhe-overview/sbhe-policies/400-heading-policies/
What is your preferred method of communication?
Please note: There could be additional state agencies with oversight of activities of your institution.

