Agency Information

Guide Topics

Agency Contact

Jennifer Stone, Higher Education Associate II
717-783-6786
jennstone@pa.gov

Additional Contact

Gina L. Wetten, Higher Education Associate II
717-265-7723
giwetten@pa.gov

Secretary of State Contact

Angela Fitterer, Interim Acting Secretary

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
__x__  Non-degree, for-profit institutions
__x__  Religious institutions
__x__  Tribally-controlled institutions
__x__  Federal Institutions
__x__  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.
Out-of-State: Both

_____ Institution

_____ Program

__X__ Both

Clarifying comments:

Out-of-State institutions are regulated if physical presence is established.

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

No.

Clarifying comments

Degree-granting institutions: Out-of-state degree granting institutions who have a physical presence in PA must be authorized to operate in PA.

Non-degree granting institutions: If out-of-state non-degree-granting institutions recruit in PA, they must be registered.

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?

New institutions approved to offer degrees shall have 3 years after commencing operations to obtain candidacy status for total institutional accreditation. Total institutional accreditation must be maintained.

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

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
_x__ Public, in-state, non-degree granting institutions
_x__ Public, out-of-state, non-degree granting institutions
_x__ Non-degree, not-for profit institutions
_x__ Non-degree, for-profit institutions
_x__ Religious institutions
_x__ Tribally-controlled institutions
_x__ Federal Institutions
_x__ Municipal institutions

Clarifying comments:

  • Out-of-state institutions that establish physical presence must be accredited.
  • Out-of-State Degree-Granting Institutions with physical presence in PA: accrediting body recognized by the United States Department of Education and acceptable to the Department
  • Non-degree: not required

Topic 4: Physical Presence Policy

If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.

No response provided

Web link for physical presence definition.

https://www.pacode.com/secure/data/022/chapter31/chap31toc.html

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

It may trigger authorization if the out-of-state institution will have paid instructors teaching or overseeing the experience in PA.

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

No

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?

No, if a participant in SARA; Yes, if not a participant in SARA

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

No, if a participant in SARA; Yes, if not a participant in SARA

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

No, if a participant in SARA; Yes, if not a participant in SARA

Clarifying comments:

Title 22 Chapter 31 – §31.2

Physical presence—The operation of an entity that offers courses, programs, or degrees or maintains a campus, or an administrative, corporate or other address, including a post office box, telephone number, recruiters, instructors, advertising in local media and publications at a location in this Commonwealth.

Topic 5: Application Process

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

An application form must be completed, and the appropriate fees must be in accordance with PA statute/regulation.

Web link for application.

Any institution seeking authorization must contact the Division of Higher Education, Access, and Equity, as stated on the Institution Resources Website.

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?

Program ID Distance Tuition Revenue Fee
034 New Member Application – Tuition Revenue $0-9,999 $1,000
035 New Member Application – Tuition Revenue $10K-5M $2,000
036 New Member Application – Tuition Revenue $5M-20M $3,000
037 New Member Application – Tuition Revenue $20M-40M $5,000
038 New Member Application – Tuition Revenue >= $40M $7,000
039 Renewal Application – Tuition Revenue $0-9,999 $1,000
040 Renewal Application – Tuition Revenue $10K-5M $2,000
041 Renewal Application – Tuition Revenue $5M-20M $3,000
042 Renewal Application – Tuition Revenue $20M-40M $5,000
043 Renewal Application – Tuition Revenue >= $40M $7,000

 

Web link for fee information.

https://www.pa.gov/agencies/education/programs-and-services/instruction/postsecondary-and-adult-education.html

Clarifying comments:

Education Enterprise (Out-of-State Authorization): $10,000

Education Enterprise New Program: $1,400

Education Enterprise Renewal: $2,000 every 5 years

Topic 7: Surety Bonds

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

No.

Web link for surety bonds.

N/A

Clarifying comments:

N/A

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, but only for non-degree granting institutions.

If yes, for what types of institutions?

Non-degree granting institutions.

Web link for tuition refund policy.

22 Pa. Code Part III. State Board of Private Licensed Schools

Clarifying comments:

N/A

Topic 10: Reporting

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

  • Education Enterprises are required to renew every five (5) years. Information to report includes accreditation status, program enrollment, program advisory committee members and meeting minutes from the past three meetings, current administration & faculty, admission requirements, and library and learning resources available to PA students.
  • Education Enterprises must also submit an Annual Survey of Educational Programs in January of each year.
  • Education Enterprises must comply with Act 16 of 2019 relating to the Fostering Independence Tuition Waiver Program.
  • Education Enterprises need to provide assurance that federal student loan disclosures are given to students as required in Act 121 of 2018.

How frequently do institutions report data?

  • Renewals: every 5 years
  • Annual Reports: Annually by March 1
  • Annual Survey of Educational Programs: Annually by March 1

Is this information shared publicly?

All information is public.

Web link for reporting.

Reminders to submit reports are sent each year. Higher Education Reporting Website

Clarifying comments:

N/A

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

It may lead to disciplinary actions, up to and including legal proceedings.

Web link for enforcement information.

N/A

Clarifying comments:

N/A

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))

Students may submit a complaint form to the Pennsylvania Department of Education if the institution has a physical presence in PA. If the institution does not have a physical presence, the complaint is forwarded to the state in which the institution is located. Our division will cooperate in any way possible to assist the home state in review of the complaint.

Web link for the non-SARA complaint form.

https://www.pa.gov/agencies/education/programs-and-services/instruction/postsecondary-and-adult-education/students-complaints.html

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 does not have a physical presence, the complaint is forwarded to the state in which the institution is located. Our division will cooperate in any way possible to assist the home state in review of the complaint.

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.)?

Complaints are handled within the agency.

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

Contact Name: Division of Higher Education, Access, and Equity

Title: Administrative Assistant

Agency: Pennsylvania Department of Education, Division of Higher Education, Access, and Equity

Address: 607 South Drive, 3rd Floor, Harrisburg, PA 17120

Email: RA-HigherEducation@pa.gov

Phone: 717-783-6786

URL: https://www.pa.gov/agencies/education/programs-and-services/instruction/postsecondary-and-adult-education/students-complaints.html

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?

Non-degree granting institutions must have a signed repository agreement at all times with another institution to keep records for 50 years in the event of a closure.

Degree-granting institutions must provide us with the location where records will be maintained.

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

Agency Name: The designated institution/company the institution has contracted with to keep records. A list is published on our website and kept in our office to update students when they call for information.

Agency/Entity Name: N/A
Contact Person:
Contact Phone:
Contact Address:
Contact Email:
Contact website:

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

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