Delaware Department of Education Higher Education Office

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
_____    Non-degree, not-for profit institutions
_____    Non-degree, for-profit institutions
_X___    Religious institutions
_____    Tribally-controlled institutions
_____    Federal Institutions
_____    Municipal institutions

• 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

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• 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 (Authorized in accordance with NC-SARA standards)

N/A

Yes

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
_X___ Federal Institutions
_X___ Municipal institutions

Institutions seeking degree granting authority or a certificate of approval, shall have achieved candidacy status or the equivalent standing from an Accrediting Agency or a nationally recognized Accrediting Agency (14 Del. Admin. C. §292).

Delaware does not have a Physical Presence Policy.

N/A

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

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Institutions Seeking Initial Approval in Delaware

To receive an application to apply for initial degree-granting authority or an initial operating license in Delaware, please email the following information to IHE@doe.k12.de.us.

Whether the Institution intends to offer an educator preparation program.  For information on applying for approval of an educator preparation program, contact Keeley Powell at keeley.powell@doe.k12.de.us or 302-735-4262

Upon receipt of a completed application, the Department shall review the application or may form a review committee comprised of experts from across the state.  The committee uses a standard rubric and after individual reviews, meets to determine a final committee recommendation for the secretary of education.

https://regulations.delaware.gov/AdminCode/title14/200/292.shtml#TopOfPage

Initial Approval Application

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Yes (SARA Institutions are exempt from associated fees)

Any postsecondary institution that did not have degree granting authority from Delaware prior to March 2023 is responsible for paying the following fees:

• Recognized and Provisional Approval Applications- $10,000
• Full Approval Applications - $5,000

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See #c for clarification

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In order to maintain approval the Postsecondary Institution shall maintain a Surety Bond or show proof of designated funds and assets sufficient to cover the tuition and fees paid by enrolled students in the event of sudden school closure. Notwithstanding the foregoing requirement, if the Postsecondary Institution seeks to obtain Degree Granting Authority from the Department, the Postsecondary Institution shall maintain a Surety Bond to cover the tuition and fees paid by enrolled students in the event of sudden school closure in order for the Postsecondary Institution to be granted and maintain Recognized Applicant status and Provisional Approval status. Once the Postsecondary Institution obtains Full Approval status, the Postsecondary Institution shall maintain a Surety Bond or show proof of designated funds and assets sufficient to cover the tuition and fees paid by enrolled students in the event of sudden school closure. All Postsecondary Institutions shall secure the transmission of all student materials as per 14 Del.C. §192

https://regulations.delaware.gov/AdminCode/title14/200/292.shtml

No

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Yes

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The Tuition Refund Policy Requirement is addressed in sections of the 292 Administrative Regulations: Section 4.0 (specifically 4.1.2 and 4.1.8)

https://regulations.delaware.gov/AdminCode/title14/200/292.shtml

Enrollment, Financial, Accreditation Status.

Annually upon SARA renewal.

No

E-mailed to NC SARA State Portal Contact: aQuena Simon-Irby: aquena.simon-irby@doe.k12.de.us

N/A

N/A

292 Post Secondary Institutions and Degree Granting Institutions of Higher Education

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For public and private (for-profit and not-for-profit) institutions based in Delaware, the portal agency is the Delaware Department of Education. Students with issues regarding public and private (for-profit and not-for-profit) SARA-approved Delaware institutions should submit a Student Complaint Form with the Delaware Department of Education.

Student Complaint Form

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Usually handled within the Department of Education, depending upon the circumstances in a student complaint. A complaint may also be referred to the State of Delaware Attorney General’s Office, Consumer Protection Unit, if appropriate.

• Contact Name: aQuena Simon-Irby
• Title: Postsecondary Education Specialist
• Agency: Delaware Department of Education
• Address: 401 Federal Street, Dover, DE 19901
• Email: aquena.simon-irby@doe.k12.de.us
• Phone: (302) 735-4223
• URL: dheo@doe.k12.de.us

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See Delaware Title 14 Section 8530: https://delcode.delaware.gov/title14/c085/index.shtml

§ 8530 Disposition of student records by postsecondary institutions.

(a) Notwithstanding any exemptions to the contrary in this chapter, all postsecondary institutions authorized, approved or licensed by the Department of Education to operate in the State under this chapter or under § 125 of Title 8 prior to discontinuing operation shall perform the following duties:

1. Notify in writing the Department of Education and all currently enrolled students of the decision to cease operation;
2. Notify in writing all currently enrolled students, and students enrolled during the 5 prior years, that information concerning student records may be obtained from the Department of Education;
3. Convey all student records to the Department of Education, or to another location designated by the Department, for safekeeping and for reproduction as requested by the students.

(b) As used in this section, “student records” shall mean all those documents that are necessary to provide a meaningful record of student performance and financial aid and shall include, but not be limited to, the following:

1. Academic records, including written evaluations, competency assessments, etc.;
2. Catalogues;
3. Change of grade forms;
4. Class lists, including original grade sheets;
5. Commencement programs/graduation lists;
6. Schedules of classes;
7. Financial aid transcripts and supporting documents.

Agency Name: DE Department of Education
Contact Person:
Contact Phone:
Contact Address: 401 Federal Street, Dover, DE 19901
Contact Email: dheo@doe.k12.de.us
Contact website: https://education.delaware.gov/

The custodian of student records identified/designated by the closing school in Section 6 of Regulation 192 under Title 14 would be the first source to contact. The Delaware Higher Education Office would also be considered a point of contact for students.

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