W. Va. Code R. § 135-20-3

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

Section 135-20-3 - Definitions

3.1. "Academic credit" means the certification of a student's successful completion of a unit of a course of study leading to a formal award granted by an institution approved to offer a postsecondary credential or degree at or below the associate degree level.

3.2. "Accreditation" means a status attained by the institution through voluntarily meeting standards established by a nongovernmental entity recognized by the U.S. Department of Education to assess and evaluate the quality of the institution and its programs. In this rule, such entity is referred to as "accreditor."

3.3. "Authorization" means the status granted by the Council that allows the institution to offer programs and courses within the State of West Virginia that lead to conferral of a degree, earned when the institution demonstrates compliance with the requirements of this rule.

3.4. "Chancellor" means the Chancellor for Community and Technical College Education as that term is defined by W. Va. Code § 18B-1-2 or his or her designee.

3.5. "Contact hours" or "clock hours" means the amount of time in actual hours students spend in class under the instruction of and in the physical presence of faculty or instructional staff or in an interactive distance learning course.

3.6. "Council" means the West Virginia Council for Community and Technical College Education as defined by W. Va. Code § 18B-2-1 and as created by W. Va. Code § 18B-2B-1, et seq.

3.7. "Course" means a formally organized, structured series of instructional activities open to the general public for which a fee is charged, and for which credit toward a degree either is awarded or may reasonably be understood to be applicable to a degree with the intent of imparting information or understanding at a level appropriate to a postsecondary audience. Instruction may be in face-to-face meetings or delivered electronically or by other means.

3.8. "Degree" means any designation, appellation, series of letters or words, or other symbol that signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic program of study beyond the secondary school level.

3.9. "Degree program" means a defined, integrated curriculum or course of study that leads to a degree in a discipline or interdisciplinary specialty.

3.10. "Distance education" means the delivery of any course or degree programs by synchronous or asynchronous technology. Asynchronous or synchronous technology via distance delivery includes all forms of internet, electronic, digital, online, video, and any other technology driven delivery system.

3.11. "Institution" means an educational facility maintained by any person, partnership, firm, public or private corporation, association, agency, institute, trust or other entity of any nature whatsoever operating as a school, academy, institute, private junior college, college, university, or entity of whatever kind that furnishes or offers to furnish instruction leading toward or prerequisite to a credential or degree beyond the secondary school level, but below the baccalaureate level, and that requires that, in order to obtain a degree, the recipient thereof satisfactorily complete a degree program. For purposes of this rule, this definition does not apply to any State institution of higher education, as that term is defined in W. Va. Code § 18B-1-2.

3.12. "Physical Presence" means an actual presence in this State, online or on-site, for the purpose of conducting operations as an institution, including enrollment, solicitation or advertising. Physical presence also includes, but is not limited to:

3.12.1. A physical site located within the State from which instruction originates or in which instruction is delivered;

3.12.2. Dissemination of an educational credential from a location within the State;

3.12.3. An agent, whether compensated or not, who is utilized for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or any other activity on behalf of the institution;

3.12.4. Advertising, promotional material, or public solicitation in any form specifically directed to West Virginia residents through distribution or advertising in the State;

3.12.5. Instructional delivery that receives assistance from any other organization within the State to facilitate or provide such delivery.

3.12.6. Clinical experiences, internships, or other similar curricular activity. This subsection does not apply to online instructors residing in West Virginia but having no direct, in-person contact with students, or individuals participating in college fairs coordinated by the Council, local school districts, or other providers of primary or secondary education.

3.13. "Preliminary status" means a six-month period of time that the Council grants to an institution to satisfactorily complete preliminary information as required by accreditor. During this time period, the institution may not accept students, offer instruction, award credits toward a degree, or award a degree until granted further authorization by the Council.

3.14. "Probationary status" means that the Council has authorized an institution to enroll students, offer instruction, graduate students, and award degrees or postsecondary credentials under the condition that the institution is continuously seeking and making satisfactory progress toward acquiring full accreditation and full State authorization.

3.15. "Reauthorization" is the process by which an institution annually renews its authorization by the Council. This process is governed by 135 C.S.R. 52, Annual Reauthorization of Degree-Granting Institutions.

3.16. "Religious, theological, or faith-based institution" means a postsecondary institution that offers no general degree programs and limits its course of instruction to religion, theology, or preparation for a religious vocation or is operated by a church or religious organization and limits its instruction to preparation for service to churches or other religious organizations.

3.17. "Unearned Tuition" means the portion of tuition paid for which the institution has not fulfilled its contractual agreement.

W. Va. Code R. § 135-20-3