Agency Contact

Lucy Kefauver
304-205-6073 | ext. 56073
lucy.kefauver@wvhepc.edu

Additional Contact

Jelayne Crosier
304-558-0261
jelayne.crosier@wvhepc.edu

Chris Rasmussen
304-558-0261
chris.rasmussen@wvhepc.edu

Secretary of State Contact

Kris Warner
304-558-6000
wvsos@wvsos.com

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

__X__ Institution

_____ Program

_____ 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

No

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
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions

Clarifying comments:

Accreditation is a requirement for any degree-granting institution.

Topic 4: Physical Presence Policy

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

https://wvctcs.edu/wp-content/uploads/2023/07/Series-35-Legislative-Rule-Sunset-Date-Extension-Final-File.pdf

(Page 3, 4.2)

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

YES

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?

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

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.

Proprietary School: Submit an application for a permit following the guideline of Series 35 (section 4) https://wvctcs.edu/wp-content/uploads/2023/07/Series-35-Legislative-Rule-Sunset-Date-Extension-Final-File.pdf

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?

The initial fee for a permit is $2,000.

The annual renewal fee is $500.

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://wvctcs.edu/wp-content/uploads/2023/07/Series-35-Legislative-Rule-Sunset-Date-Extension-Final-File.pdf

(Pages 5 Section 7 Surety Bond Requirements)

Clarifying comments:

All proprietary institutions that are authorized in WV must have a surety bond, regardless of the location of the institution.

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?

https://wvctcs.edu/wp-content/uploads/2023/07/Series-35-Legislative-Rule-Sunset-Date-Extension-Final-File.pdf

(Pages 8, 9 Section 12 Cancellation and Refund Policies)

If yes, for what types of institutions?

Proprietary

Web link for tuition refund policy.

https://wvctcs.edu/wp-content/uploads/2023/07/Series-35-Legislative-Rule-Sunset-Date-Extension-Final-File.pdf

(Pages 8, 9 Section 12 Cancellation and Refund Policies)

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?

https://wvctcs.edu/wp-content/uploads/2023/07/Series-35-Legislative-Rule-Sunset-Date-Extension-Final-File.pdf

(pages 3, 4 section 4)

How frequently do institutions report data?

Annually and when there is any changes/additions/elimination to an Institution’s program and/or curriculum

Is this information shared publicly?

No, not for proprietary schools

Web link for reporting.

No response provided

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

A letter to cease and desist would first be provided.  Possible legal action would follow with the Attorney General if that is necessary.

Web link for enforcement information.

TITLE 153 (wvctcs.org) (Pages 11, 12 section 15 Warning, Suspension, Withdraw, or Revocation of Accreditation, License, and/or Approval to operate)

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))

n/a.  This office only handles complaints for schools with physical location in WV.

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.)?

No response provided

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

Clarifying comments:

The Complaints are received through the Office of the Executive Vice Chancellor and then forwarded to the appropriate Office/Division for response.

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?

TITLE 153 (wvctcs.org)  (page 7, section 10.1.f)

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

Varies. The transcripts/records from closed schools are kept in various places- according to each individual school. The WVHEPC office has a “Closed School List” with information on where transcripts can be retrieved for some, but not all, of these schools.

Agency Name:

Contact Person:

Contact Phone:

Contact Address:

Contact Email:

Contact website:

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?

There is a 60 day grace period for renewal of a permit.  Once the school exceeds the 60 days, they must start the process over, filing for a NEW permit.  This also includes having to pay the initial permit fee of $2,000 instead of the renewal fee of $500.

What is your preferred method of communication?

Email

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