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
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
__x_ 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:

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

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

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

Clarifying comments:

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

Topic 4: Physical Presence Policy

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

Defined in Series 20.

Web link for physical presence definition.

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

Series 20, Section 3.11.

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.

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.

Web link for application.

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

Series 20

Clarifying comments:

Institutions seeking to determine if authorization is required use the contact information on this page to make inquiries: https://www.wvhepc.edu/inside-the-commission/special-initiatives/state-authorization-reciprocity-agreement-sara/

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?

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

Web link for fee information.

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

Series 20, Sections 7.2.c and 8.4.

Clarifying comments:

No response provided

Topic 7: Surety Bonds

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

No

Web link for surety bonds.

No response provided

Clarifying comments:

No response provided

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?

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

If yes, for what types of institutions?

No response provided

Web link for tuition refund policy.

No response provided

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?

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

How frequently do institutions report data?

Annually.

Is this information shared publicly?

No.

Web link for reporting.

No response provided

Clarifying comments:

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

Topic 11: Enforcement

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.

Web link for enforcement information.

No response provided

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))

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?

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

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.

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.

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

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?

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.

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.

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?

Email

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