W. Va. Code R. § 133-52-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 133-52-5 - Annual Reauthorization

5.1. All authorized institutions, except West Virginia public universities and those previously exempted in subsection 4.2 of this rule, must annually submit a reauthorization application report in a format prescribed by the Chancellor. The annual reauthorization year will be from July 1 through June 30, with the 2012-2013 year being the initial reporting year. The annual application is due each November 1 and must be accompanied by an annual fee as provided in section 9 of this rule.

5.2. Reauthorization applications postmarked after November 1 or other due date will be assessed a late renewal fee as prescribed in section 9 of this rule.

5.3. Upon request by the Commission, authorized institutions must provide documentation necessary to assess the performance of the institution.

5.4. The reauthorization application shall include the following:

5.4.a. Name and address of the institution of higher education;

5.4.b. Chief executive officer's name, title, address, phone number, and email address;

5.4.c. Institutional liaison's name, title, address, phone number, and email address;

5.4.d. Verification of current accreditation status and copy of latest annual Higher Learning Commission Institutional Update Report;

5.4.e. Full and part-time student enrollments of resident and non-resident students for each term during the most recent reporting year;

5.4.f. A current schedule of fees and charges for tuition;

5.4.g. First to second year retention rates for first-time, full-time certificate and degree-seeking students for the most recent year;

5.4.h. Graduation rates for undergraduate degree-seeking first-time, full-time freshmen for the most recent graduating six-year cohort year;

5.4.i. Licensure pass rates for completion of all professional programs, e.g., education, nursing, and engineering, for the most recent year;

5.4.j. A plan for the retention, custody, and retrieval of student records, including but not limited to academic transcripts, financial aid documents, international student forms, and tax information, in the event of closure of the institution or discontinuance of service. The plan shall include a method by which students and alumni of the institution will be able to retrieve such records upon request; and

5.4.k. Any additional information or data as deemed necessary.

5.5. The Commission shall provide definitions of requested data elements. When appropriate, prior data submissions may be utilized to fulfill specific data requirements. Guidance will be provided by Commission staff.

5.6. Upon receipt of the annual reauthorization application, Commission staff shall review the submitted documentation and render a recommendation to the Commission. The Chancellor may convene a compliance review committee to evaluate unique circumstances or possible issues associated with an institution's reauthorization application. The committee will analyze the information and advise the Chancellor regarding future action. The committee may be composed of:

5.6.a. Persons who are qualified by academic training or professional experience to verify the institution's compliance with Commission standards for authorization;

5.6.b. Persons who are representative of both public and private institutions;

5.6.c. Members of the Commission staff; and/or

5.6.d. Any other person(s) deemed necessary by the Chancellor.

5.7. Upon review of documentation the Chancellor shall recommend to the Commission that institutions that are found to be in compliance with generally accepted parameters of operation be reauthorized.

5.8. If after review of required documentation, Commission staff find that the institution is not in compliance with generally accepted parameters of operation, the Chancellor may request additional documentation for review.

5.9. Each institution shall provide all information the Chancellor considers necessary to assess the performance of the institution and determine whether the institution continues to meet the minimum standards for conferring degrees.

5.9.a. Program information.

5.9.a.1. A list of current degree programs offered in West Virginia by the institution;

5.9.a.2. Results of any external degree program evaluation during the last year, if any;

5.9.a.3. A list of any degree programs that have ceased to be offered during the previous year;

5.9.b. Financial information.

5.9.b.1. The latest financial statement for the most recent fiscal year compiled and audited by an independent certified public accountant, including any management letters provided by the independent auditor.

5.9.c. Student information.

5.9.c.1. A current schedule of fees, charges for tuition, required supplies, student activities, and all other student charges;

5.9.c.2. The institution's policy about tuition and fee refunds and adjustments for the initial reporting year, and changes only for reporting in subsequent years;

5.9.d. The Commission shall provide definitions of requested data elements. When appropriate, prior data submissions may be utilized to fulfill specific data requirements. Guidance will be provided by Commission staff.

5.10. On-site review.

5.10.a. The Commission staff, at the Chancellor's discretion, may conduct on-site reviews to assess institutional compliance with the minimum standards for conferring degrees as outlined in 133 C.S.R. 20, Initial Authorization for Degree-Granting Institutions. The Commission staff may evaluate maintenance of adequate academic and performance standards, conduct financial audits, or require the institution to perform such audits and provide detailed data as necessary to render a thorough and comprehensive assessment. When possible, the visit will be scheduled at a time which is mutually convenient to the institution and Commission staff. The institution shall pay the reasonable expenses associated with the compliance review visit.

5.10.b. Following review of submitted documentation and any requisite site visit, the Commission staff will prepare an analysis of the findings.

5.10.c. Commission staff will provide a draft of its report prepared in accordance with this section to the institution for comment and correction of factual errors. The institution may provide the Commission a response to the report within 10 working days of receipt of the report. The institutional comments will be included with the Chancellor's recommendation presented to the Commission.

5.10.d. The Chancellor will develop a recommendation for the Commission regarding the institutional reauthorization application. Only those institutions which meet generally accepted higher education state standards of quality will be recommended for reauthorization.

5.10.e. If the Chancellor finds that an institution does not meet the generally accepted higher education state standards of quality, the Chancellor will recommend to the Commission that it deny reauthorization of the institution. Once reauthorization is denied, the institution is subject to the authorization requirements, process, and review in 133 C.S.R. 20, InitialAuthorization of Degree-Granting Institutions, in order to seek authorization to operate within West Virginia.

5.10.f. An institution submitting an annual reauthorization report determined by the Commission as meeting the standards for reauthorization shall retain its authorized status for the following year.

W. Va. Code R. § 133-52-5