Arkansas Administrative Code › Agency 008 - Department of Higher Education › Division 09 - Academic Affairs › Rule 008.09.05-001 - Institutional Certification Advisory Committee Rules

Current through Register Vol. 49, No. 6, June, 2024
INTRODUCTION
I.
Authority
The Arkansas Legislature granted authority to the Arkansas
				Higher Education Coordinating Board (AHECB) to provide for the orderly
				development of higher education and to protect Arkansas students from
				fraudulent or inferior programs (ACA §
									6-61-301
				-302).
The Arkansas Code authorizes AHECB to establish the criteria
				for certification of non-public institutions and college-level courses/degree
				programs offered by those institutions, and oversight of other matters related
				to the operation of non-public and out-of-state postsecondary educational
				institutions in Arkansas.
Any non-public or out-of-state postsecondary education
				institution offering courses/degree programs customarily offered in colleges
				and universities to Arkansas students must obtain AHECB certification prior to
				offering those courses/degree programs.
An institution without AHECB certification offering a
				college-level course/degree program to Arkansas students must cease and desist
				from operating in Arkansas until certified by AHECB. Failure to obtain required
				AHECB certification will be reported to the Consumer Protection Division of the
				Arkansas Attorney General's Office. An institution that does not obtain AHECB
				certification may be subject to a misdemeanor charge and fines (See Appendix
				B).
To assist AHECB with its certification responsibilities, ACA
				§
									6-61-302
				directs AHECB to appoint an advisory committee known as the Institutional
				Certification Advisory Committee (ICAC). ICAC is made up of nine (9) members:
				six chief administrators of postsecondary institutions, a representative of the
				Department of Workforce Education, and two residents of the state of Arkansas
				who are not officially affiliated with any postsecondary institution.
The ICAC works with the Arkansas Department of Higher Education
				(ADHE) to review applications for certification of institutions and
				college-level courses/degree programs and to make recommendations concerning
				certification to AHECB.
Appendix A describes the organization and structure of the
				AHECB and the Institutional Certification Advisory Committee (ICAC) and
				Appendix B summarizes Arkansas Code as it relates to certification of
				college-level courses/degree programs and institutions. Appendix C describes
				the types of reviews related to certification and oversight activities.
II.
Process
The first step in the certification process for institutions
				and courses/degree programs is the submission of a Letter of Notification
				signed by the chief academic officer of the institution. The Letter of
				Notification must be submitted to (ADHE) prior to submitting a formal
				application (See Form 1).
Typically, certification for institutions and courses/degree
				programs is initially granted for two years. Courses/degree program
				recertification is required at the conclusion of the initial certification
				period and when subsequent periods of certification expire.
The second step in the certification process for institutions
				and courses/degree programs is the submission of a formal application that must
				include information about the institution and the proposed course/degree
				program.
All institutions must contact the Arkansas State Board of
				Private Career Education (SBPCE) and apply for licensure, if required, prior to
				submitting a Letter of Notification to ADHE. SBPCE information may be found at
www. sbpce. org
, or by calling (501)
				683-8000 (Appendix D).
Out-of-state institutions requesting certification must provide
				documentation that the institution is certified or licensed to operate as a
				postsecondary institution in its home state.
Once the requesting institution has submitted an application to
				ADHE, it will be reviewed by ADHE to determine if the institution has submitted
				the required application and documentation. If necessary, an independent review
				team will visit the institution as part of the review process and submit a team
				report to ADHE staff. Based on the results of the review, the ICAC will either
				make a recommendation to AHECB in favor of certification, ask for more
				information regarding the course/degree program application, or deny the
				application. An institution can elect to appeal the decision of the ICAC;
				however, the decision of AHECB is final.
AHECB will consider applications at its quarterly meetings.
				Letters of Notification are due on January 1, April 1, July 1, and October 1.
				Applications are due February 1, May 1, August 1, and November 1. A completed
				application, including all required documentation, must be submitted on or
				before the published deadlines. Late applications, applications requiring
				additional review, or other time constraints may cause AHECB action to be
				delayed until the next review cycle (Appendix E).
Independent institutions of higher education, incorporated in
				the state of Arkansas on or prior to April 7, 1975, that offer college-level
				courses/degree programs customarily granted by colleges or universities with
				accreditation by an accrediting agency recognized by the U. S. Department of
				Education will not be required to receive certification
unless
the institution fails to maintain accreditation.
Other categories of higher education institutions that might be
				eligible for an exemption from certification are identified in Part III.
				Institutions seeking an exemption from certification must submit a Request for
				Exemption (Form 12) and provide required documentation. An institution applying
				for exemption from certification for the first time should not advertise or
				operate until the Letter of Exemption is issued.
If the institution meets exemption criteria, a Letter of
				Exemption from Certification will be issued for two years. Upon expiration of
				the exemption from certification, the institution must request renewal of the
				exemption.
Institutions which do not meet exemption criteria must obtain
				institutional and course/degree program certification to continue operating in
				Arkansas. AHECB may withdraw exemption status for proper cause. Such withdrawal
				will constitute a denial of exemption and require a subsequent application for
				certification.
III.
Fees
ADHE is entitled to recover administrative fees related to the
				certification and exemption process. These fees include a notification fee, a
				processing fee, and travel expenses for the review team. All fees are
				non-refundable (Appendix F).
The
notification fee
must be submitted with (1) a
				Letter of Notification for certification, recertification, or decertification
				of established institutions to offer college-level courses/degree programs; (2)
				a Letter of Notification for the certification of a newly established college
				or university in Arkansas; (3) a Request for Exemption from Certification; and
				(4) a Letter of Notification regarding changes in the course/degree program or
				institution.
The
processing fee
must be submitted with
				applications for certification or recertification of established institutions
				to offer college-level courses/degree programs, and with applications for
				certification of a newly established college or university in Arkansas.
Institutions applying for certification will be responsible for
				the
travel expenses
of the team assigned to review the
				certification application. The review team may make an on-site visit to the
				institution. Representatives of out-of-state or distance delivery institutions
				may be required to meet with the review team at ADHE unless the staff
				determines that the review can be conducted by conference call.
IV.
Bonds
In an effort to protect Arkansas students from financial
				hardship and loss due to the unexpected closure of an institution certified by
				the Arkansas Higher Education Coordinating Board (AHECB), non-public and
				out-of-state, postsecondary institutions certified to offer college-level
				courses/degree programs in Arkansas will be required to maintain a surety bond
				during operations in Arkansas (Appendix F).
V.
Forms
For the convenience of institution employees responsible for
				preparing and submitting information to ADHE, forms have been developed that
				should be used to provide information for certification activities. The forms,
				located in Part V, include the following:
* Form 1, Letter of Notification-To be completed and submitted
				by all institutions planning to submit an application for certification,
				recertification, and decertification.
* Form 2, Faculty and Administrator Chart-To be completed by
				institutions submitting an application for certification or recertification to
				document faculty and administrator credentials.
* Form 3, Consumer Disclosure-To be completed by institutions
				to document compliance with disclosure and advertisement requirements.
* Form 4, Arkansas Department of Higher Education Certified
				Institution Bond and Annual Tuition Report - To be completed by the
				institutions bond company and submitted to ADHE with a copy of the
				institution's bond and the Annual Tuition Report included with the Surety Bond
				Form.
* Form 5, Application for Certification of Course/Degree
				Program (On-Site) - To be submitted by institutions seeking certification of
				on-site courses/degree programs.
* Form 6, Application for Certification of Course/Degree
				Program (Distance Delivery) - To be submitted by institutions seeking
				certification for distance delivery courses/degree programs.
* Form 7, Application for Recertification of Course/Degree
				Program (On-Site) - To be submitted by institutions seeking recertification for
				on-site courses/degree programs.
* Form 8, Application for Recertification of Course/Degree
				Program (Distance Delivery) -To be submitted by institutions seeking
				recertification for distance delivery courses/degree programs.
* Form 9, Request for Decertification of Course/Degree Program
				and/or Institution - To be submitted by institutions seeking decertification of
				courses/degree programs and/or institution.
* Form 10, Application for Certification of New Institution:
				Planning and Development (On-Site) - To be submitted for certification for the
				planning and development of a newly established on-site institution in
				Arkansas.
* Form 11, Application for Certification of New Institution:
				Planning and Development (Distance Delivery) - To be submitted for
				certification for the planning and development of a newly established distance
				delivery institution in Arkansas.
* Form 12, Request for Exemption from Certification -To be
				submitted by institutions requesting exemption from certification.
* Form 13, Letter of Appeal for Institution-To be submitted by
				institutions requesting an appeal of a decision made by the ADHE Director,
				ICAC, and/or AHECB.
* Form 14, Class Hours to Credit Hours Conversion Chart - To be
				submitted with all applications for new course/degree program certification.
VI.
Administrative
			 Procedure Act
The Arkansas Higher Education Coordinating Board, the
				Institutional Certification Advisory Committee, and the Arkansas Department of
				Higher Education will follow the provisions of the Administrative Procedure
				Act.
VII.
Conclusion
The criteria provided in the following sections has been
				developed to provide a clear, orderly process for the certification of
				established non-public or out-of-state postsecondary institutions offering
				courses/degree programs in Arkansas and for the creation of newly established
				non-public institutions in Arkansas. ADHE staff will recommend needed changes
				to the rules and regulations to ICAC and AHECB for approval. Submit any
				questions related to the certification process to:
ICAC Coordinator
Arkansas Department of Higher Education
114 East Capitol
Little Rock, AR 72201
(501) 371-2000
icacsubmissions@adhe.
				arknet.edu
PART I - SECTION 1
APPLICATION FOR CERTIFICATION OF COLLEGE-LEVEL
				COURSES/DEGREE PROGRAMS AT ESTABLISHED INSTITUTIONS
(Traditional On-Site Delivery)
_______________
Overview
Any non-public or out-of-state postsecondary education
				institution offering courses/degrees programs customarily offered at college
				and universities must obtain certification from the Arkansas Higher Education
				Coordinating Board (AHECB) before offering college-level courses/degree
				programs to Arkansas students delivered on-site (For certification of distance
				delivery programs, see Part 1, Section 2).
Out-of-state institutions requesting certification must provide
				documentation that the institution is certified or licensed to operate as a
				postsecondary institution in its home state.
All institutions must contact the Arkansas State Board of
				Private Career Education (SPBCE) and apply for licensure, if required, prior to
				submitting a Letter of Notification to the Arkansas Department of Higher
				Education (ADHE). SBPCE information may be found at
www.sbpce.org
or by calling (501)
				683-8000 (Appendix D).
Typically, certification of courses/degree programs is
				initially granted for two years. Course/degree program recertification is
				required at the conclusion of the initial certification period and when
				subsequent periods of recertification expire.
Should a certified course/degree program be modified with
				changes exceeding 18 of the total credit hours of program, a Letter of
				Notification with a description of the changes must be submitted to ADHE for
				review prior to the change (Form 1). Changes of 18 hours or less to the
				course/degree program must be included in the recertification application.
Institutions may not award a degree to any student unless
				demonstrated mastery of knowledge and skills has been documented. A degree may
				not be granted to any student solely for experiential learning or work
				experience.
Deadlines
ADHE considers applications for certification four times during
				the year. Letters of Notification are due January 1, April 1, July 1 or October
				1. Applications are due February 1, May 1, August 1, or November 1. A completed
				application, including all documentation as described in this section, must be
				submitted according to the published deadlines. Late applications or
				applications requiring additional review may be held until the next review
				cycle (Appendix E).
Fees
ADHE is entitled to recover administrative fees related to the
				certification process. These non-refundable fees include a
notification
				fee
, a
processing fee
, and
travel expenses
for
				the review team (Appendix F).
The
notification fee
must be submitted with a
				Letter of Notification for certification. The
processing fee
must
				be submitted with applications from established institutions for certification
				to offer college-level courses/degree programs.
Institutions applying for program certification will be
				responsible for the
travel expenses
of the team assigned to review
				the certification application. The team may make an on-site visit to the
				institution. Representatives of out-of-state or distance delivery institutions
				may be required to meet with the review team at ADHE unless the staff
				determines that the review can be conducted by conference call.
Bonds
In an effort to protect Arkansas students from financial
				hardship and loss due to the unexpected closure of an institution certified by
				the Arkansas Higher Education Coordinating Board (AHECB), non-public and
				out-of-state postsecondary institutions certified to offer college-level
				courses/degree programs in Arkansas will be required to maintain a surety bond
				during operations in Arkansas (Appendix F).
Certification Process
I.
Letter of Notification
The first step in the certification process is the submission
				of a Letter of Notification signed by the chief academic officer of the
				institution (Form 1). The Letter of Notification must be submitted to ADHE
				prior to submitting a formal application.
II.
Application Requirements
The second step in the certification process is the submission
				of a formal application that must include the following:
A.
Institution Information and
			 Course/Degree Title
1. Name, address
			 and web address of institution.
2.
			 Name of course/degree program for which certification is sought.
3. Proposed effective date of new
			 course/degree program.
4. Name,
			 address, and e-mail address of the contact person for the institution.
5. General description and brief
			 history of the institution including current incorporation documents with all
			 amendments authorizing operation as a postsecondary education institution,
			 classification (i.e., public, private), history of ownership and control, and
			 course/degree levels offered by institution.
6. Site and description of physical
			 facilities where the proposed course/degree program will be offered. Each
			 location of the institution must be certified individually.