Responses Last Confirmed:

Arkansas Division of Higher Education

Agency Contact

Alana Colburn
501-371-2060
alana.colburn@adhe.edu

Additional Contact

Mason Campbell
501-371-2044

Secretary of State Contact

John Thurston
501-682-1010
arsos@sos.arkansas.gov
Topic

1: Important Agency Information to Note

b.
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
_______    Religious institutions
_______    Tribally-controlled institutions
_______    Federal Institutions
_______    Municipal institutions

c.
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.

____ Institution   

___X__ Program   

_____ Both

d.
Clarifying comments:

*ADHE authorizes only private, in-state institutions established after 1975 (state law).  Private in-state institutions can also seek “independent” status, which means they are treated like the institutions established before 1975.

**ADHE authorizes out-of-state, non-degree granting institutions only if those institutions provide online courses and/or programs.

***ADHE authorizes most non-degree institutions with a few exceptions (dance and fitness classes, religious training, training on military bases, etc. are exempt from authorization).

Topic

2: Authorization of Distance Education

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

Yes

b.
Clarifying comments:

No response provided

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 for degree granting institutions, No for non-degree granting schools.

b.
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

c.
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.

If a program is offered to a student in our state, whether at a physical location or by distance education, that program needs to get authorization to be offered in the state. There are programs that are exempt from this regulation.

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

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

No response provided

d.
Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No response provided

e.
Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No response provided

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

No response provided

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

No response provided

h.
Clarifying comments:

No response provided

Topic

5: Application Process

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

Degree granting institutions: Institutions would need to complete Forms 3, 12, 5, 13, 14, 15, and 16

Non-degree granting schools: Schools need forms 1000, 2000, 3000 (depending on type of school), and forms/fingerprint card for FBI Background Check.

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

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

Degree-granting institutions: Yes, there is a $500 fee per program.

Non-degree granting schools:  https://www.adhe.edu/private-career-education/forms/

(Fees listed in Word Doc)

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

Call ADHE at 501-371-2060 for the fee schedule.

c.
Web link for fee information.
d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

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

It depends. Postsecondary institutions authorized to offer college-level course/degree programs in Arkansas will maintain a surety bond unless the institution maintains a minimum financial responsibility composite score of 1.5 determined by the U.S. Department of Education.

c.
Clarifying comments:

If an institution is degree granting, non-public, and has a federal financial composite score of below 1.5, the surety bond is required.

Topic

8: Student Tuition Recovery Fund

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

Yes

Only for private, non-degree granting schools (called “private career schools” in Arkansas)

b.
If yes, for what types of institutions?

For private, non-degree granting schools

c.
Web link for student tuition recovery fund.
d.
Clarifying comments:

No response provided

Topic

9: Tuition Refund Policy

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

Yes, for schools offering certificates and diplomas only, not for degree-granting schools.

b.
If yes, for what types of institutions?

Private, non-degree granting institutions

c.
Web link for tuition refund policy.
d.
Clarifying comments:

When a school closes, students must apply to ADHE for a tuition refund.

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?

Degree Granting Institutions: Non-SARA, out-of-state and/or private institutions must report annually how much that was collected in tuition from Arkansas students each year and how many Arkansas students are enrolled and how many graduated in each authorized program.

Non-degree granting schools: Schools must report annually the number of students enrolled, how many of those students were new students, how many terminated enrollments, how many graduates, and tuition collected per program.

b.
How frequently do institutions report data?

Annually

c.
Is this information shared publicly?

The degree granting institutions’ information is reported at the Arkansas Higher Education Coordinating Board meeting, which is a public meeting.

d.
Web link for reporting.

Degree granting institutions:  Forms not on our website.                       

Non-degree granting institutions:  https://sbpce.wufoo.com/forms/zbve8rr0g25nnt/

e.
Clarifying comments:

No response provided

Topic

11: Enforcement

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

Do not have one. ADHE would refer to the Arkansas Attorney General’s Office.  It is a Class B Misdemeanor in Arkansas for an institution to not comply with this law. https://law.justia.com/codes/arkansas/2012/title-6/subtitle-5/chapter-61/subchapter-3/section-6-61-301

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

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))

ADHE receives the complaint, then contacts the institution to try and resolve the complaint. 

b.
Web link for the non-SARA complaint form.
c.
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.  Those complaints would be handled by the Arkansas Attorney General’s Office.  It is a Class B Misdemeanor in Arkansas for an institution to not comply with the law.

d.
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.)?

All out-of-state complaints go to Alana Colburn. Complaints from public institutions are handed by Alisha Lewis.

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

Contact Name: Alana Colburn
TitleAssociate Director of Private Postsecondary Education and Transfer Programs
Agency: ADHE
Address: 101 E. Capitol, Suite 300, Little Rock, AR  72201
Emailalana.colburn@adhe.edu
Phone: 501-371-2000
URL:

f.
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?

Institutions offering degree programs must maintain a plan for catastrophic events. Schools offering certificates and diplomas are required to keep student records in a fireproof container and to give to ADHE should a catastrophic event occur.

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

Agency Name: ADHE
Contact PersonAlana Colburn or Tracye McKeown
Contact Phone:  501-371-2000
Contact Address101 E. Capitol, Suite 300, Little Rock, AR  72201
Contact Emailalana.colburn@adhe.edu
Contact websitehttps://www.adhe.edu/private-career-education

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?

Out-of-state institutions offering only clinicals, internships, externships or other types of experiential learning are not required to obtain authorization by ADHE. ADHE does not have any type of record of this type of learning going on in Arkansas.

b.
What is your preferred method of communication?

No response provided

 

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