Responses Last Confirmed:

South Carolina Commission on Higher Education

Agency Contact

Argentini Anderson, Ph.D., Assistant Director, Academic Affairs & Licensing
803-856-0511
aanderson@che.sc.gov

Additional Contact

Secretary of State Contact

Mark Hammond
803-734-2170
rdaggerhart@sos.sc.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
____    Public, in-state, non-degree granting institutions
____    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   

_____ Program   

__X__ Both

d.
Clarifying comments:

The South Carolina Commission on Higher Education licenses all out-of-state institutions that are operating or soliciting in South Carolina in any delivery format as well as in-state institutions not exempt by statute. *The Commission coordinates activities of in-state public institutions (program and facility approval) but does not authorize them through the Nonpublic Postsecondary Institution Act. Private, in‐state, not‐for‐profit degree granting institutions founded in SC prior to 1953 are exempt from authorization.

South Carolina Department of Labor, Licensing, and Regulation has oversight of specific occupations including nursing, barbering, and cosmetology.

SC Board of Nursing approves initial licensure Nursing programs.Board’s website: https://www.llr.sc.gov/POL/Nursing/

SC Board of Barber Examiners. Board’s website: https://www.llr.sc.gov/POL/Barber/

SC Board of Cosmetology. Board’s website: https://www.llr.sc.gov/POL/Cosmetology/

Topic

2: Authorization of Distance Education

a.
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.

b.
Clarifying comments:

South Carolina does not require authorization of institutions that only enroll South Carolina residents into online programs unless the institutions operate or solicit in such a way that they create a physical presence.

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.

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:

National or regional accreditation is required for authorization of non-public postsecondary degree granting institutions who wish to seek licensure in SC.

Topic

4: Physical Presence Policy

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

The link for determining physical presence is below.

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.

The institution must submit a letter of intent followed by an application for initial licensure (within two years of the LOI). The staff reviews the application and documents and makes a recommendation for staff approval or for a team evaluation.  Staff/team recommendations are reviewed by the executive staff and forwarded to a subcommittee of the Commission. The subcommittee reviews and makes a recommendation to the full Commission. (See Procedures documents on Licensing page:   http://www.che.sc.gov/InstitutionsEducators/Licensing/LicensingofNon-PublicPostsecondaryInstitutions.aspx)

b.
Web link for application.

N/A, must contact a member of the licensing staff to receive an application.

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

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

Yes. The initial licensure application fee is one-half of one-percent of projected gross tuition income (minimum $150, maximum $5,500).

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

No response provided

d,
Clarifying comments:

No response provided

Topic

7: Surety Bonds

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

Yes

b.
Web link for surety bonds.

No response provided

c.
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

SC requires that all nonpublic postsecondary institutions that are licensed by the SC Commission on Higher Education to maintain a surety bond that would cover any unearned tuition for students in the event of a school closure. We currently have the statutory authority to enact a STRF in SC if we ever promulgate some regulations for it. But currently, we only require the surety bonds.

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

9: Tuition Refund Policy

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

Yes, both licensed degree and nondegree granting institutions must have a tuition refund policy that is set forth in statute and regulation.

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

10: Reporting

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

Licensed institutions must submit an annual report or license renewal. The report includes information regarding finances, surety bond continuation, insurance, changes in operations, pending litigation, publications (catalog, enrollment contract), student records, enrollments, faculty, curriculum review, Title IV participation, agent permits, and pending complaints.

b.
How frequently do institutions report data?

Annually.

c.
Is this information shared publicly?

No. 

d.
Web link for reporting.

N/A requested by staff

e.
Clarifying comments:

No response provided

Topic

11: Enforcement

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

https://www.che.sc.gov/sites/che/files/Documents/Institutions%20and%20Educators/Licensing/LicensingStatute.pdf

See Act, Section 59-58-130 Restraining violations of Chapter or rules and regulations; civil penalties; Section 59-58-110 Denial, revocation or suspension of license or permit; probation.

See CHE Regulation 62-28, Revoking, Suspending, or Refusing to Issue or Renew a License.

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))

Step by step instructions for handling complaints from a variety of institutional types is  explained in the 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 response provided

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.)?

Complaints may be referred to various state agencies depending on the nature of the complaint. Examples are included in the complaint form. 

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

Contact:
South Carolina Commission on Higher Education
Academic Affairs
Attn: Student Complaint
1122 Lady Street, Suite 400, Columbia, SC 29201

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?

In the event that an institution closes, it must submit a plan to the Commission to provide for the retention and disposition of records. The plan shall provide for the assignment of the records to another institution or agency willing to accept responsibility for their safety, maintenance, distribution, and, where appropriate, disposal. If the institution cannot provide for assignment of the records to another institution or agency, the Commission may seize the records and, as necessary,  negotiate for assignment of the records to another institution or agency that will accept   responsibility for their safety, maintenance, distribution, and, where appropriate, disposal.

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

Student records can be requested through the Commission.

A complete list of records that the Commission maintains from closed institutions is  listed on the transcript request form .

Information about closed schools previously licensed by the Commission and student record information is listed on the closed school directory.

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. 

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.