Montana Office of the Commissioner of Higher Education

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

• 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

Montana grants exemptions to religious institutions in accordance with Federal definitions.

• 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

Yes

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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
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

Accreditation, candidacy for accreditation, or an MOU with an accredited institution which will grant degrees until candidacy is achieved is required. Religious institutions may be exempt if their program offerings are solely religious in nature.

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

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Any institution offering post-secondary degree programs, as defined in Policy 221, in the state of Montana must obtain prior authorization from the Montana Board of Regents of Higher Education.

Montana Board of Regents Policy 221

After reviewing the requirements and policies, fill out the applicable form, save it, and email it to the Montana State Authorization Compliance Officer.

State Authorization Application - Public Institutions
State Authorization Application - For-profit/non-profit Institutions

If the Montana State Authorization Compliance Officer informs your institution that it will need to secure a surety bond, please use the following form:

Montana Board of Regents of Higher Education Surety Bond for Postsecondary Educational Institutions

Once completed, please send the original bond to:

Office of the Commissioner of Higher Education
Attn: Hannah Tokerud
560 N. Park Ave
Helena, MT 59601

The Montana State Authorization Compliance Agent will attempt to respond to all inquiries and submissions within 20 days of receipt.

State Authorization Application - Public Institutions
State Authorization Application - For-profit/non-profit Institutions

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No Fees

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Yes

https://mus.edu/che/arsa/StateAuthorization/Bond%20Form%20-%20Montana.pdf

$10,000 Surety bond required for institutions who lack a Federal Financial Responsibility Score of 1.0 or greater.

No.

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No

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We have no annual reporting procedure. Institutions are responsible for notifying the Office of the Commissioner should their accreditation, ownership, or financial situation change.

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https://mus.edu/MUS-Statement-of-Complaint-Process.asp

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We divide responsibility. Please see language below.

Individuals with complaints regarding institutions that are operating in Montana, but are not part of the Montana University System, have the following options:

• Utilize the internal complaint processes of the applicable institution.
• Complaints concerning consumer protection violations should be directed to the Montana Department of Justice Office of Consumer Protection. https://dojmt.gov/consumer/consumer-complaints/
• Complaints concerning proper licensure under Montana law (see Board of Regents’ Policy 221, http://www.mus.edu/borpol/bor200/221.pdf), including, if applicable, complaints related to State Authorization Reciprocity Agreement standards, may be directed to the Montana University System Office of the Commissioner of Higher Education, 560 N. Park Avenue, PO Box 203201, Helena, Montana 59620-3201, 406-449-9124.
• Complaints concerning broad institutional academic practices, such as those that raise issues regarding the institution’s ability to meet accreditation standards may be directed to the applicable institution’s accrediting agency.

• Contact Name: Hannah Tokerud
• Title: Associate Legal Counsel
• Agency: Montana University System – Office of the Commissioner of Higher Education
• Address: 560 N Park Avenue, Helena MT 59601
• Email: stateauthorization@montana.edu
• Phone: 406-449-9173
• URL: https://mus.edu/che/arsa/StateAuthorization/Outside.html

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The following language is included in policy 221

Procedures Applicable to Closure of Institution.

1. Notification. In the event an institution closes and ceases operations, the chief administrative officer is required to provide timely notification, in writing, to the Office of the Commissioner of Higher Education and currently enrolled or recruited students of its intentions. The written notification to the Office of the Commissioner of Higher Education must include:

· Name, mailing address, email address and telephone number of the chief administrative officer (or designee), valid for post-closure communications;

· The date on which the institution will officially close;

· A written plan for access to and preservation of permanent records;

· What actions the institution plans to take in regards to its students;

· A report of the status of all students currently enrolled and those students on leave of absence whose education and training program will not be fully completed by the date of the institution’s closure;

· A written statement from the chief administrative officer affirming that all recruitment efforts, program marketing, advertisement, solicitation and enrollment of new students has ceased.

2. Transcripts. a. Institutions domiciled in the State of Montana. Those institutions physically domiciled in Montana must provide to the Office of the Commissioner of Higher Education all student transcripts in its possession. The Office of the Commissioner of Higher Education shall maintain all such records for a period of twenty years from receipt. b. Institutions domiciled in states other than Montana. Those institutions physically domiciled in states other than Montana must provide to the Office of the Commissioner of Higher Education all student transcripts in its possession that relate to residents of the State of Montana. The Office of the Commissioner of Higher Education shall maintain all such records for a period of twenty years from receipt.

• Contact Name: Hannah Tokerud
• Title: Associate Legal Counsel
• Agency: Montana University System – Office of the Commissioner of Higher Education
• Address: 560 N Park Avenue, Helena MT 59601
• Email: stateauthorization@montana.edu
• Phone: 406-449-9173

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