Responses Last Confirmed:

West Virginia Higher Education Policy Commission

Agency Information

Guide Topics

Agency Contact

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

Additional Contact

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

Secretary of State Contact

Andrew "Mac" Warner
(304) 558-6000
wvsos@wvsos.com
Topic

Moved 1: Important Agency Information to Note

a.
Provide any important information about your agency.

No response provided

Topic

1: Important Agency Information to Note

a.
What types of institutions are subject to this agency’s authority?

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

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

__x__ Institution _____ Program _____ Both

c.
Clarifying comments:

When authorizing an accredited out-of-state to temporarily offer degree or courses in the state, approval may be at the programmatic level.

Topic

3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

a.
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

b.
If yes, please check all that apply as appropriate.

Accreditation 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

c.
Clarifying comments:

Policy allows for the recognition of Regional or National accreditation.  By practice, the Commission has generally required Regional accreditation.

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

Yes

b.
If yes, for what types of institutions? Which types of programs?

Exemptions are provided for: 

  1. Non-degree granting institutions.
  2. Institutions engaged in collaborative arrangement with in-state public institutions. 
  3. An exemption is offered to Religious organizations/facilities who offer non-accredited, non-transferable biblical programs.
c.
Web link for exemptions.

Authorization Information  Series 20

d.
Clarifying comments:

No response provided

Topic

2: Authorization of Distance Education

a.
Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

No. 

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

Yes. 

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

No. 

d.
Clarifying comments:

No response provided

Topic

4: Physical Presence Policy

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

Defined in Series 20.

b.
Web link for physical presence definition.

http://www.wvhepc.edu/resources/rules-and-policies/.

Series 20, Section 3.11.

c.
Clarifying comments:

No response provided

a.
Please describe the process for handling complaints about SARA participating Institutions.

Student files a complaint utilizing the application and process described on the Commission web site.

b.
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.)?

Everything is handled within the agency.

c.
Web link for student complaints – SARA participating institutions.

Student Complaint Process (wvhepc.edu)

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

12: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

Student files a complaint utilizing the application and process described on the Commission web site, https://www.wvhepc.edu/wp-content/uploads/2021/10/Student-Complaint-Process.pdf

b.
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.)?

Everything is handled within the agency.

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

No. 

d.
Who is the contact person or entity for your state for receiving non-SARA student complaints?
e.
Web link for the non-SARA complaint form.

 Student Complaint Process (wvhepc.edu)

f.
Clarifying comments:

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

Nothing precludes a student from filing a complaint with the Consumer Protection Division within the Office of the Attorney General.

 

Topic

7: Surety Bonds

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

No

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

No response provided

Topic

9: Tuition Refund Policy

a.
Does your agency have a Tuition Refund Policy Requirement?

A new institution authorized to locate in West Virginia must have a refund policy.

b.
If yes, for what types of institutions?

No response provided

c.
Web link for tuition refund policy.

No response provided

d.
Clarifying comments:

No response provided

Topic

8: Student Tuition Recovery Fund

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

No

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

10: Reporting

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

Non-SARA online institutions must provide enrollment data, identify programs and summarize the process for assessing online quality. 

b.
How frequently do institutions report data?

Annually.

c.
Is this information shared publicly?

No. 

d.
Web link for reporting.

No response provided

e.
Clarifying comments:

There is a more extensive reporting requirement for institutions located in West Virginia. 

Topic

11: Enforcement

a.
What are possible consequences of institutional non-compliance?

http://www.wvhepc.edu/resources/rules-and-policies/

Series 20, Section 10 and Series 52, Section 10.

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

5: Application Process

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

For online institutions who are not SARA approved, there is a short application to discern physical presence triggers. There is no specific application for institutions seeking to locate in West Virginia.  The process is spelled out in Series 20.  The entity would submit a self-study report to the Commission and fee after consultation with Academic Affairs staff.

b.
Web link for application.

http://www.wvhepc.edu/resources/rules-and-policies/

Series 20

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes.

b.
If yes, what is the fee or fee schedule?

$500 for non-SARA online institutions and accredited out-of-state institutions. For new institutions locating in West Virginia, the fee is $6,000.

c.
Web link for fee information.

http://www.wvhepc.edu/resources/rules-and-policies/

Series 20, Sections 7.2.c and 8.4.

d.
Clarifying comments:

No response provided

Topic

13: Records Retention

a.
When a higher education institution closes, what is the process your state uses to ensure that transcripts/records are kept available?

Series 20 states that following a decision to discontinue operations, the institution must notify the Commission and provide the name and address of the agency where records will be maintained.

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

The closing institution identifies the entity that will maintain records.

c.
Clarifying comments:

No response provided

Topic

14: Additional Information

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

No response provided