West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-20 - Initial Authorization of Degree-Granting Institutions › Section 135-20-7 - Procedures for Applying for Initial Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Newly established institutions in West
				Virginia and those seeking accreditation by an accreditor shall seek Council
				authorization to offer courses and/or academic programs within West Virginia by
				submitting an application on a form prescribed by the Council, signed and
				verified by the chief executive officer of the institution, and accompanied by
				an application fee of $6,000, which fee the Council may adjust from time to
				time as it deems necessary. Following are the steps to be taken by the
				institution and the Council to initially authorize an institution:
7.1.1. The applying institution shall contact
				the Secretary of State's office to determine compliance with its requirements
				for starting or operating a business in West Virginia.
7.1.2. The applying institution shall attend
				a preliminary conference between the institution's chief executive officer or
				designee and the Chancellor. The agenda shall include a discussion of criteria
				the institution must meet and procedures it must follow to obtain
				authorization.
7.1.3. The applying
				institution shall submit a self-study report following the preliminary
				conference that includes all requested documents and materials related to
				initial authorization, including complete and accurate documentation
				demonstrating fulfillment of the essential conditions in Section 9 of this
				rule, including evidence of a critical and compelling regional or Statewide
				need or demand for the specific academic degree program(s) in West
				Virginia.
7.1.4. The applying
				institution shall facilitate and participate in the Chancellor's visit to the
				site(s) of the institution seeking state authorization and any follow-up
				meetings requested by the Chancellor. At the discretion of the Chancellor, the
				Chancellor may form a compliance review committee, which may participate in the
				Chancellor's site visit. The principal task of the compliance review committee
				is to verify that the institution meets the Council's standards for preliminary
				authorization and to report its findings to the Council. The compliance review
				committee may be composed of any or all of the following:
7.1.4.a. Persons who are qualified by
				academic training or professional experience to verify the institution's
				compliance with Council standards for approval.
7.1.4.b. Members of the Council staff as
				directed by the Chancellor.
7.1.5. Following the site visit and review of
				submitted documentation, the Chancellor shall prepare an analysis of the
				findings and develop a recommendation for the Council regarding the
				institution's application.
7.1.6.
				The Chancellor shall provide to the applying institution a draft of the report
				prepared in accordance with this section for correction of factual errors and
				comment. The institution may respond to the draft report within 10 working days
				of receiving it. The Chancellor shall include the institution's comments in the
				report presented to the Council.
7.1.7. Upon receipt and review of the
				Chancellor's recommendation, the Council may grant the institution Preliminary
				State Authorization effective for up to six months. Within that period of time
				the institution shall satisfactorily complete the preliminary process required
				by the accreditor. During this time, the institution may not accept students,
				offer instruction, award credits toward a degree, or award a degree until the
				Council grants full authorization. If the applying institution does not
				satisfactorily complete the preliminary accreditation process during its
				six-month Preliminary Authorization period, the Council may suspend or revoke
				its authorization.
7.1.8. If, at
				the time of applying for initial authorization, the institution is not fully
				accredited by an accreditor, the Chancellor shall request the institution to
				submit information verifying its accreditation status and/or evidence of
				"reasonable and timely progress" toward achieving accreditation. "Reasonable
				and timely progress" toward accreditation means a status with an accreditor,
				which status shall be documented, indicating that the accreditor has determined
				that the institution has the potential for accreditation and is actively
				pursuing accreditation within the timetable established by the accreditor:
Provided
, That the institution may submit an alternative
				timetable to the Council for approval.
7.1.9. Once the institution has been accepted
				for consideration for candidacy by the accreditor and has submitted
				documentation of the same to the Council, the Council may grant the institution
				Probationary Authorization status:
Provided
, That the
				institution has met all other criteria for initial authorization. The
				institution shall remain on Probationary Authorization status no longer than
				six years.
7.1.9.a. An institution holding
				Probationary Authorization status shall continuously pursue accreditation and
				shall comply with all accreditation requirements and procedures to achieve full
				accreditation. If the applying institution does not continuously pursue
				accreditation during its period of Probationary Authorization, the Council may
				suspend or revoke its authorization.
7.1.9.b. Each institution holding
				Probationary Authorization status shall submit an annual report to the Council
				along with a nonrefundable fee of $500, which fee the Council may adjust from
				time to time as it deems necessary. The annual report shall be in a form
				prescribed by the Council, signed and verified by the chief executive officer
				of the institution, and include the following:
7.1.9.b.1. Any changes or additions to
				information previously submitted as part of the application for Preliminary
				Authorization;
7.1.9.b.2. A copy of
				or link to the institution's current catalog with major changes
				cited;
7.1.9.b.3. The institution's
				financial statement from the most recent fiscal year;
7.1.9.b.4. The institution's enrollment
				report from the most recent academic year;
7.1.9.b.5. A list of all institutional
				personnel including staff, instructors, administrators, and agents;
7.1.9.b.6. Summary data on student State and
				federal financial aid;
7.1.9.b.7.
				Data on student retention;
7.1.9.b.8. Program completion data, as
				applicable;
7.1.9.b.9. Status of
				progress toward receiving full accreditation the accreditor; and,
7.1.9.b.10. Any other information or
				clarification requested by the Chancellor for determination of authorization
				recommendation.
7.1.9.c.
				Following the accreditor's site visit and action granting the institution
				accreditation status, the institution shall immediately notify the Council,
				which may then authorize the institution as follows:
7.1.9.c.1. Full Authorization, as a result of
				the decision by the accreditor to accredit the institution and the institution
				having demonstrated compliance with the essential conditions for Authorization
				as set forth in Section 9 below.
7.1.9.c.2. Continued Probationary
				Authorization pending the institution's appeal of an accreditor's denial of
				accreditation. The Council may only grant Continued Probationary Authorization
				upon a showing of good cause by the institution in its annual report or other
				submission to the Council that it is continuing to pursue accreditation and
				that it continues to meet the criteria for initial authorization set forth in
				this rule.
7.1.9.c.3. Not
				Authorized as a result of denial of accreditation by the accreditor and the
				institution's loss of all available appeals of that denial or the institution's
				failure to meet the criteria for initial authorization set forth in this
				rule.
7.1.10.
				An institution that changes ownership while its application for initial
				authorization is pending shall immediately notify the Council of such change
				and update its application accordingly. Within six months of receiving written
				notification of such change of ownership, the Council shall reassess the
				institution's authorization status.