Responses Last Confirmed:

West Virginia Higher Education Policy Commission

Agency Contact

Lucy Kefauver
304-205-6073 | ext. 56073
lucy.kefauver@wvhepc.edu

Additional Contact

Jelayne Crosier
304-558-0261

Secretary of State Contact

Andrew "Mac" Warner
(304) 558-6000
wvsos@wvsos.com
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
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
__x_ 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.

__x__ Institution 

_____ Program 

_____ Both

d.
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

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. 

d.
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

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:

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

Topic

4: Physical Presence Policy

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

Defined in Series 20.

b.
Web link for physical presence definition.
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.

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.

b.
Web link for 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.

b.
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.

c.
Web link for fee information.

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

Series 20, Sections 7.2.c and 8.4.

d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

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

No

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

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?

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

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?

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

b.
How frequently do institutions report data?

Annually.

c.
Is this information shared publicly?

No. 

d.
Web link for reporting.

No response provided

e.
Clarifying comments:

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

Topic

11: Enforcement

a.
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.

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))

Student files a complaint utilizing the application and process described on the Commission web site, https://www.wvhepc.edu/wp-content/uploads/2021/10/Student-Complaint-Process.pdf

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 reponse 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.)?

Everything is handled within the agency.

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

a.
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.

b.
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.

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 response provided

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.