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 133-20-7 - Procedures for Granting of Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Process for securing authorization.
An institution which is interested in gaining authorization
				  to operate within the State of West Virginia must follow the prescribed
				  procedures outlined in this rule to be considered for the requested
				  authorization. No institution shall operate until it meets the essential
				  conditions established by the Commission and defined in this rule.
				  Institutional accreditation must be documented or its potential for
				  accreditation established and accepted by the Commission. Institutions
				  authorized to operate pending full accreditation shall pursue full
				  accreditation continuously and shall make reasonable and timely progress toward
				  accreditation in order to retain authorization.
When a change in ownership occurs with an institution, the
				  Commission shall reassess the institution's authorization status within six (6)
				  months of the notification of the change in ownership.
7.2. Newly established institutions in West
				Virginia and those seeking accreditation.
Newly established institutions in West Virginia and those
				  seeking accreditation by a regional accrediting association and/or by another
				  accrediting body must seek Commission authorization to offer courses and/or
				  academic programs within West Virginia.
Following is a description of the steps in the authorization
				  process:
7.2.a. It is the
				responsibility of the applying institution to contact the Secretary of State's
				office to determine if registration is required within the state.
7.2.b. A preliminary conference shall be held
				between the Chief Executive Officer or designee of the institution seeking
				authorization to operate a degree-granting institution in the State of West
				Virginia and the Vice Chancellor for Academic Affairs of the Higher Education
				Policy Commission or designee. The agenda shall include a discussion of
				criteria to be met by the institution and procedures used in applying for
				requested authorization.
7.2.c.
				Following the preliminary conference, the institution shall submit a self-study
				report including all requested documents and materials related to
				authorization, including those which address the essential conditions in
				section 8 of this rule as may be requested. An initial application fee of
				$6,000 must accompany the submission of documentation for those institutions
				seeking authorization. The Commission may adjust all fees charged as deemed
				necessary.
7.2.d. Upon receipt of
				the completed self-study report and all documentation, the Commission staff
				shall organize a compliance review committee to visit the site(s) of the
				institution seeking state authorization. At the discretion of the Commission
				staff, the compliance visit may take place at the Commission office or other
				appropriate locations. The principal task of the committee will be to verify
				that the institution complies with the Commission's standards for preliminary
				authorization and to report its findings to the Commission.
The compliance review committee shall be composed of:
7.2.d.1. Persons who are qualified by
				academic training or professional experience to verify the institution's
				compliance with Commission standards for approval.
7.2.d.2. Members of the Commission staff. The
				Vice Chancellor for Academic Affairs or designee shall serve as chair of the
				committee.
The visit will be scheduled at a time which is mutually
				  convenient to the institution and the Commission. The institution shall pay the
				  reasonable expenses associated with the compliance review visit.
7.2.e. Following the site visit and review of
				submitted documentation, the compliance review committee will prepare an
				analysis of the findings and develop a recommendation for the Commission
				regarding the institutional application. Only those institutions whose proposed
				offerings meet state standards of quality will be recommended for
				authorization. The report will contain:
7.2.e.1. a report by the compliance review
				committee; and
7.2.e.2. a
				recommendation by the compliance review committee for action by the Commission
				regarding granting preliminary authorization as provided for in section 7.2.h
				of this rule.
7.2.f. A
				draft of a staff report prepared in accordance with this section will be
				provided to the institution for correction of factual errors and comment. The
				institution may provide the Commission a response to the report within ten (10)
				working days of receipt of the report. The institutional comments will be
				included with the compliance review committee report presented to the
				Commission.
7.2.g. An out-of-state
				institution seeking to establish a campus in West Virginia that holds
				appropriate accreditation as determined by the Commission and that meets the
				essential conditions as provided in section 9 of this rule may be granted full
				authorization by the Commission.
7.2.h. Upon receipt and review of the
				compliance review committee recommendation, the Commission will consider the
				institution for Preliminary State Authorization effective for a period of time
				up to six (6) months. Within that period of time the institution shall
				satisfactorily complete preliminary information as required by the regional
				and/or other appropriate accrediting association, and shall not accept
				students, offer instruction, award credits toward a degree, or award a degree
				until granted further authorization by the Commission.
7.2.i. If the institution does not hold
				accreditation, the Commission staff shall request submission of information
				verifying its accreditation status and/or evidence of "reasonable and timely
				progress" toward accreditation. Reasonable and timely progress toward
				accreditation is understood to be a status with the regional accrediting
				association or an acceptable alternative accrediting association recognized by
				the U.S. Department of Education (recognition shall be documented) that
				indicates that the institution has been determined to hold the potential for
				accreditation and is actively pursuing accreditation within the timetable
				established by the regional accrediting association (unless an alternative
				timetable has been presented to and accepted by the Commission).
7.2.j. Once the institution has been accepted
				for consideration for candidacy by the regional accrediting organization and/or
				other appropriate accrediting association and has submitted evidence to this
				fact to the Commission, the institution shall be placed on Probationary
				Authorization status. The institution shall remain on Probationary status no
				longer than six (6) years.
7.2.k.
				If at the discretion of the Commission, satisfactory evidence is not received
				within six (6) months of the granting date of Preliminary Authorization status,
				that authorization may be suspended or revoked.
7.2.l. An institution holding Probationary
				status shall undertake the accreditation process immediately and shall comply
				with the accreditation requirements and procedures to achieve full
				institutional accreditation.
7.2.m.
				Failure to pursue accreditation continuously, as provided in this rule, shall
				result in loss of state authorization.
7.2.n. Each institution with Probationary
				State Authorization status shall submit an annual report in a format determined
				by Commission staff. The annual report should include the following:
7.2.n.1. any changes or additions to
				information previously submitted as part of the basis for Preliminary State
				Authorization;
7.2.n.2. copy of
				current catalog with major changes cited;
7.2.n.3. the latest financial statement from
				the most recent institutional fiscal year;
7.2.n.4. an enrollment report from the most
				recent academic year;
7.2.n.5. a
				list of all institutional personnel including staff, instructors and
				agents;
7.2.n.6. summary data on
				student state and federal financial aid;
7.2.n.7. data on student retention;
7.2.n.8. program completion data, as
				applicable;
7.2.n.9. status of
				progress toward receiving full accreditation status from accrediting agency;
				and
7.2.n.10. such other
				information or clarification deemed necessary by Commission staff for
				determination of authorization recommendation.
A nonrefundable fee of $500 shall accompany the submission of
				  the annual report while the institution is maintaining Probationary State
				  Authorization status. The Commission may adjust all fees charged as deemed
				  necessary.
7.2.o. Following the
				on-site accreditation visit and action by the Higher Learning Commission of the
				North Central Association of Colleges and Schools and/or other appropriate
				accrediting association, the institution shall immediately notify the
				Commission which will then assign the institution an authorization status from
				among the following:
7.2.o.1. Fully
				authorized, as a result of the decision by the accrediting association to
				accredit the institution, and having demonstrated compliance with the Essential
				Conditions.
7.2.o.2. Continuation
				of Probationary State Authorization. An institution that holds candidacy for
				accreditation shall submit annual reports to the Commission documenting its
				progress toward the achievement of accreditation consistent with policy of
				appropriate accreditation associations. Continuation of this status shall not
				extend beyond six (6) years.
7.2.o.3. Not authorized as a result of denial
				of accreditation by the accrediting association.
7.2.o.4. Continuation of Probationary State
				Authorization status pending an appeal of denial of accreditation by the Higher
				Learning Commission of the North Central Association. Continuation on these
				grounds shall only be granted upon showing good cause to the Commission. An
				institution's final authorization status will be based upon the action taken by
				the accrediting association.