West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-20 - Initial Authorization of Degree-Granting Institutions › Section 133-20-6 - Authorization to Operate

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No
				institution may advertise, solicit, recruit, enroll, or operate a postsecondary
				education institution until it is authorized for operation in the State of West
				Virginia by the Commission.
6.2. An
				institution locating in West Virginia must register with the Secretary of
				State's office prior to making any application to the Commission for
				authorization.
6.3. All
				institutions and religious, theological, or faith-based colleges offering any
				degree above the associate level, as specified in section 7.4 of this rule,
				shall register with the Commission, shall meet the authorization criteria, and
				shall be granted authorization prior to offering any program of instruction,
				credit, or degree; opening a place of business; soliciting students or
				enrollees; or offering educational support services.
6.4. All institutions, with the exception of
				correspondence, business, occupational, and trade schools as defined in Series
				35
, Correspondence, Business, Occupational and Trade Schools
,
				of the Council for Community and Technical College Education, offering degrees
				not above the associate level shall register with the Council, shall meet the
				authorization criteria, and shall be granted authorization prior to offering
				any program of instruction, credit, or degree; opening a place of business;
				soliciting students or enrollees; or offering educational support
				services.
6.5. All institutions
				offering degrees above the associate level shall register with the Commission,
				shall meet the authorization criteria, and shall be granted authorization prior
				to offering any program of instruction, credit, or degree; opening a place of
				business; soliciting students or enrollees; or offering educational support
				services. Granting of authorization of such institution is the responsibility
				of the Higher Education Policy Commission.
6.6. Authorization of institutions offering
				associate degrees is the responsibility of the West Virginia Council for
				Community and Technical College Education.
6.7. Institutions and religious, theological,
				or faith-based colleges shall be authorized under the provisions of this rule.
				Institutions, such as correspondence, business, occupational, and trade
				schools, exempted under the provisions of section 4 of this rule shall be
				governed by the provisions of Title 135, Series 35,
Correspondence,
				Business, Occupational and Trade Schools
, administered by the
				Council.
6.8. Institutions which
				are formed, chartered, or established outside West Virginia and have been fully
				accredited by a regional accrediting association or by another accrediting body
				recognized by the U.S. Department of Education and which seek to offer courses
				and/or academic degree programs within West Virginia shall be authorized by the
				Commission to offer programs and courses within West Virginia under provisions
				of section 7.3 of this rule.
6.9.
				Newly established institutions located in West Virginia and those seeking
				accreditation by a regional accrediting association and/or by another
				accrediting body recognized by the U.S. Department of Education, may not offer
				courses or degree programs without Commission authorization to locate, relocate
				or establish a branch campus in West Virginia. The institution must seek
				Commission authorization to offer courses and/or academic programs within West
				Virginia per the provisions of section 7.2 of this rule.
6.10. Institutions wishing to exceed or
				change their approved programmatic mission must receive approval from the
				Commission to offer each program that exceeds the level of academic degrees
				that the institution is authorized to grant. Documentation must be submitted
				that specifies the scope of the proposed change, including long-range plans for
				new degree programs and programs that exceed the level of academic degrees
				currently authorized for the institution. Requests to exceed an institution's
				programmatic mission shall be evaluated based on the following criteria:
				objectives of proposed program; relationship of program to statewide mission
				and plan; demonstration of need; effect of new program on existing programs at
				other institutions; resource availability; qualified faculty and
				administrators; library holdings and support; facilities and equipment; and,
				evidence of strength to offer the proposed program.
6.11. An out-of-state institution that seeks
				to offer online courses and programs in West Virginia and determined to have
				physical presence in West Virginia is subject to the provisions of section 8 of
				this rule.
6.12. Before an
				institution of higher education can be authorized by the Commission to operate
				within the State of West Virginia, a surety bond must be provided by the
				institution. The obligation of the bond will be that the institution, its
				officers, agents and employees will faithfully perform the terms and conditions
				of contracts for tuition and other instructional fees entered into between the
				institution and persons enrolling as students. The bond shall be issued by a
				company authorized to do business in the state. The bond shall be to the
				Commission in such form as approved by the Commission and is to be used only
				for payment of a refund of tuition and other instructional fees due a student
				or potential student. The amount of the bond shall be $100,000 and shall be
				renewed annually. The Commission, if it deems appropriate, may reduce the
				amount of the bond if an institution has less unearned tuition than $100,000,
				but in no event shall be less than $20,000.
6.13. If instruction is to be delivered at a
				physical location within the State of West Virginia, the applicant institutions
				must secure, from appropriate local agencies, documentation that fire and
				sanitation codes are met by the proposed instructional facilities. If such
				inspections are unavailable, the institution must present a copy of a recent
				letter from the local inspection agency indicating that such inspections are
				unavailable. Additionally, instructional delivery sites must be compliant with
				Americans with Disabilities Act guidelines.
6.14. Institutions seeking West Virginia
				authorization may withdraw from the authorization process at any time upon
				written notification to the Vice Chancellor for Academic Affairs of the Higher
				Education Policy Commission.