W. Va. Code R. § 135-20-6

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

Section 135-20-6 - Authorization to Operate

6.1. An institution locating in West Virginia must register with the Secretary of State's office prior to making any application to the Council for authorization.

6.2. All institutions not excepted per Section 4 and offering any degree or postsecondary credential at or below the associate degree level shall apply for and receive from the Council initial 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.

6.3. Applicants for initial authorization shall demonstrate compliance with the Council's standards for academic programs, which encompass institutional accreditation, mission and governance, institutional and program resources and facilities, academic policies, student support services, curriculum, faculty capacity, and credentialing and assessment as set forth in this rule.

6.4. Institutions seeking to exceed or change their approved programmatic mission shall receive approval from the Council to offer each program that exceeds the level of academic degrees that the institution is authorized to grant. Such institution shall submit documentation to the Council, signed and verified by the chief executive officer of the institution, 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. The Council shall evaluate requests to exceed an institution's programmatic mission based on the following criteria: objectives of proposed program; 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.

6.5. Proprietary schools seeking initial authorization shall post a surety bond in accordance with W. Va. Code § 18B-2B-9 and 135 C.S.R. 35, Business, Occupational, and Trade Schools.

6.6. Institutions with a physical presence in West Virginia shall meet all applicable health, safety, fire, and sanitation laws, including the Americans with Disabilities Act and provide documentation of such compliance to the Council upon request.

6.7. Institutions seeking West Virginia authorization may withdraw from the authorization process at any time upon written notification to the Chancellor.

W. Va. Code R. § 135-20-6