Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart C - Higher Education › Chapter 36 - FOREIGN CORPORATION STANDARDS › Section 36.8 - Evaluation and approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  chief administrative officer or designee of the applying institution shall be
				  recognized by the Department as the liaison person. Negotiations for approval
				  to operate in this Commonwealth shall be conducted with that person.
(b) The Department reserves the right to
				  conduct an evaluation of the parent institution or, when applicable, its
				  off-campus enterprises, or both.
(c) Following the initial approval to operate
				  in this Commonwealth under this chapter and applicable provisions of this
				  subpart, and after the issuance by the Department of State of a certificate of
				  authority to operate, the institution shall be permitted to recruit and
				  register students and begin its operation.
(d) During the first year of operation, a
				  site visit shall be conducted by an evaluation committee in accordance with
				  this chapter and this subpart.
(e)
				  Materials relating to a site visit shall be received by the Department at least
				  60 calendar days prior to the site visit.
(f) Department site visits may be conducted
				  jointly with other accrediting or approving agencies, but decisions and
				  recommendations must be arrived at independently by the Department evaluation
				  committee. Site visit costs pertinent to the request of the applicant shall be
				  borne by the applicant.
(g)
				  Following submission of the evaluation committee's report to the institution,
				  the institution shall within 60-calendar days of the receipt of the report file
				  its response with the Department. Upon receiving a response satisfactory to the
				  Department, the Department will publish its intent to approve the enterprise in
				  the
Pennsylvania Bulletin
at least 30 days before the date of
				  approval. The decision of the Secretary regarding approval of the enterprise
				  will be rendered within 60-calendar days of publication of the notice in the
Pennsylvania Bulletin
. If a protest or objection is received,
				  the Department will conduct hearing procedures in accordance with 1 Pa. Code
				  Part II (relating to General Rules of Administrative Practice and Procedure)
				  before making a final determination regarding the application.
(h) If an enterprise is not approved, the
				  institution shall close its operation on a timetable to be established by the
				  Department. The Department will take appropriate legal action against a foreign
				  corporation operating an educational enterprise in this Commonwealth without
				  the express written approval of the Secretary.
(i) If an institution is approved to operate
				  an educational enterprise in this Commonwealth, it shall file periodic progress
				  reports as deemed necessary by the Department. The educational enterprise may
				  be evaluated for cause at any time and will be reevaluated every 5 years in
				  accordance with this subpart and this chapter. If the institution fails to
				  maintain its enterprise according to this subpart and this chapter, authority
				  to operate in this Commonwealth will be revoked as provided by
				  24 Pa.C.S. §
											6506(a) (relating to
				  visitation of institutions and revocation of authority).
(j) To withdraw from its approved enterprise
				  in this Commonwealth, a foreign corporation shall have the approval of the
				  Secretary and shall be in compliance with §§
										31.71 and
				  31.72 (relating to notification;
				  obligations).
The provisions of this §
												36.8 amended under section 2603-B
						of the Public School Code of 1949 (24 P. S. §
													26-2603-B).