W. Va. Code R. § 135-20-7

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

Section 135-20-7 - Procedures for Applying for Initial Authorization

7.1. Newly established institutions in West Virginia and those seeking accreditation by an accreditor shall seek Council authorization to offer courses and/or academic programs within West Virginia by submitting an application on a form prescribed by the Council, signed and verified by the chief executive officer of the institution, and accompanied by an application fee of $6,000, which fee the Council may adjust from time to time as it deems necessary. Following are the steps to be taken by the institution and the Council to initially authorize an institution:

7.1.1. The applying institution shall contact the Secretary of State's office to determine compliance with its requirements for starting or operating a business in West Virginia.

7.1.2. The applying institution shall attend a preliminary conference between the institution's chief executive officer or designee and the Chancellor. The agenda shall include a discussion of criteria the institution must meet and procedures it must follow to obtain authorization.

7.1.3. The applying institution shall submit a self-study report following the preliminary conference that includes all requested documents and materials related to initial authorization, including complete and accurate documentation demonstrating fulfillment of the essential conditions in Section 9 of this rule, including evidence of a critical and compelling regional or Statewide need or demand for the specific academic degree program(s) in West Virginia.

7.1.4. The applying institution shall facilitate and participate in the Chancellor's visit to the site(s) of the institution seeking state authorization and any follow-up meetings requested by the Chancellor. At the discretion of the Chancellor, the Chancellor may form a compliance review committee, which may participate in the Chancellor's site visit. The principal task of the compliance review committee is to verify that the institution meets the Council's standards for preliminary authorization and to report its findings to the Council. The compliance review committee may be composed of any or all of the following:

7.1.4.a. Persons who are qualified by academic training or professional experience to verify the institution's compliance with Council standards for approval.

7.1.4.b. Members of the Council staff as directed by the Chancellor.

7.1.5. Following the site visit and review of submitted documentation, the Chancellor shall prepare an analysis of the findings and develop a recommendation for the Council regarding the institution's application.

7.1.6. The Chancellor shall provide to the applying institution a draft of the report prepared in accordance with this section for correction of factual errors and comment. The institution may respond to the draft report within 10 working days of receiving it. The Chancellor shall include the institution's comments in the report presented to the Council.

7.1.7. Upon receipt and review of the Chancellor's recommendation, the Council may grant the institution Preliminary State Authorization effective for up to six months. Within that period of time the institution shall satisfactorily complete the preliminary process required by the accreditor. During this time, the institution may not accept students, offer instruction, award credits toward a degree, or award a degree until the Council grants full authorization. If the applying institution does not satisfactorily complete the preliminary accreditation process during its six-month Preliminary Authorization period, the Council may suspend or revoke its authorization.

7.1.8. If, at the time of applying for initial authorization, the institution is not fully accredited by an accreditor, the Chancellor shall request the institution to submit information verifying its accreditation status and/or evidence of "reasonable and timely progress" toward achieving accreditation. "Reasonable and timely progress" toward accreditation means a status with an accreditor, which status shall be documented, indicating that the accreditor has determined that the institution has the potential for accreditation and is actively pursuing accreditation within the timetable established by the accreditor: Provided, That the institution may submit an alternative timetable to the Council for approval.

7.1.9. Once the institution has been accepted for consideration for candidacy by the accreditor and has submitted documentation of the same to the Council, the Council may grant the institution Probationary Authorization status: Provided, That the institution has met all other criteria for initial authorization. The institution shall remain on Probationary Authorization status no longer than six years.

7.1.9.a. An institution holding Probationary Authorization status shall continuously pursue accreditation and shall comply with all accreditation requirements and procedures to achieve full accreditation. If the applying institution does not continuously pursue accreditation during its period of Probationary Authorization, the Council may suspend or revoke its authorization.

7.1.9.b. Each institution holding Probationary Authorization status shall submit an annual report to the Council along with a nonrefundable fee of $500, which fee the Council may adjust from time to time as it deems necessary. The annual report shall be in a form prescribed by the Council, signed and verified by the chief executive officer of the institution, and include the following:

7.1.9.b.1. Any changes or additions to information previously submitted as part of the application for Preliminary Authorization;

7.1.9.b.2. A copy of or link to the institution's current catalog with major changes cited;

7.1.9.b.3. The institution's financial statement from the most recent fiscal year;

7.1.9.b.4. The institution's enrollment report from the most recent academic year;

7.1.9.b.5. A list of all institutional personnel including staff, instructors, administrators, and agents;

7.1.9.b.6. Summary data on student State and federal financial aid;

7.1.9.b.7. Data on student retention;

7.1.9.b.8. Program completion data, as applicable;

7.1.9.b.9. Status of progress toward receiving full accreditation the accreditor; and,

7.1.9.b.10. Any other information or clarification requested by the Chancellor for determination of authorization recommendation.

7.1.9.c. Following the accreditor's site visit and action granting the institution accreditation status, the institution shall immediately notify the Council, which may then authorize the institution as follows:

7.1.9.c.1. Full Authorization, as a result of the decision by the accreditor to accredit the institution and the institution having demonstrated compliance with the essential conditions for Authorization as set forth in Section 9 below.

7.1.9.c.2. Continued Probationary Authorization pending the institution's appeal of an accreditor's denial of accreditation. The Council may only grant Continued Probationary Authorization upon a showing of good cause by the institution in its annual report or other submission to the Council that it is continuing to pursue accreditation and that it continues to meet the criteria for initial authorization set forth in this rule.

7.1.9.c.3. Not Authorized as a result of denial of accreditation by the accreditor and the institution's loss of all available appeals of that denial or the institution's failure to meet the criteria for initial authorization set forth in this rule.

7.1.10. An institution that changes ownership while its application for initial authorization is pending shall immediately notify the Council of such change and update its application accordingly. Within six months of receiving written notification of such change of ownership, the Council shall reassess the institution's authorization status.

7.2. Accredited, institutions having their principal places of operation outside West Virginia and seeking to offer courses or degree programs at a physical location in West Virginia shall consult with the Secretary of State as required by Subsection 7.1.1. above. These out-of-state institutions shall also meet the following requirements:

7.2.1. The institution shall submit an application on a form prescribed by the Chancellor for each course or degree program to be offered at the site and an application fee not to exceed $500. The application shall certify that:

7.2.1.a. Each course or program of study proposed to be offered in West Virginia has been approved by the governing board of the institution, and if applicable, by the appropriate state agency in the state where the main campus of the institution is located.

7.2.1.b. The institution has been authorized to operate as necessary by the appropriate agency, if any, in the state where the main campus of the institution is located.

7.2.1.c. The institution offers degree programs at the level for which credit is proposed to be awarded in those programs in West Virginia.

7.2.1.d. The out-of-state institution is authorized by its accreditor to offer degree programs outside the state where the main campus is located.

7.2.1.e. Any credit earned in West Virginia can be transferred to the institution's principal location outside West Virginia as part of an existing degree program offered by the institution.

7.2.1.f. The institution offers the same program at the same level at its principal location outside West Virginia that it seeks to offer at a physical location in West Virginia.

7.2.1.g. The institution provides data that projects market demand and availability of openings in the job market to be served by the new program that the institution is seeking authorization to offer in West Virginia.

7.2.2. In making its determination, the Council shall consider whether the proposed degree programs or courses duplicate existing offerings of other institutions of higher education at the locations for which approval is requested.

7.2.3. The Council may authorize degree programs for a period of up to four years at a specified location: Provided, That the institution submits an application for renewal of the authorization with the Council at least 90 days prior to the initial authorization's expiration. The Council may authorize courses for a period of one year at a specified location: Provided, That the institution annually submits an application for renewal of the authorization with the Council at least 90 days prior to the initial authorization's expiration.

7.2.4. Accredited, out-of-state institutions authorized to deliver programs and/or courses in West Virginia for a specified period of time are not subject to the annual reauthorization provision of Section 14 of this rule.

7.2.5. The Council may waive or modify any or all of the reporting requirements established in this rule.

7.2.6. The Council shall notify in writing all institutions of its final decision on their applications for authorization. The Council shall assess such institutions an initial authorization fee not to exceed $500.

7.3. Religious, theological or faith-based institutions. -- To qualify as a religious, theological, or faith-based college excepted from initial authorization by the Council, an institution shall submit an application for such exception on a form prescribed by the Chancellor, which shall be signed and verified by the chief executive officer of the institution. The application shall include documentation that the operation meets the definition of religious, theological or faith-based institution provided in Section 3 of this rule and that it meets each of the following criteria:

7.3.1. The operation is a non-profit institution owned, controlled, operated, and maintained by a bona fide church or religious denomination, lawfully operating as a non-profit religious corporation.

7.3.2. The operation limits its educational program to the principles of that church or denomination, and the diploma or degree is limited to evidence of completion of that education.

7.3.3. The operation grants degrees or diplomas only in areas of study that contain on their face, in the written description of the title of the degree or diploma being conferred, a reference to the theological or religious aspect of the degree's subject area.

7.3.4. The operation does not market, offer, or grant any general academic degrees or diplomas, but instead confers only degrees, diplomas, and other written evidence of proficiency or achievement that bear titles clearly signifying the religious, theological, or faith-based nature of the instruction offered by the institution.

7.3.5. The institution is exempt from ad valorem property taxation under State law.

7.3.6. The operation may submit additional evidence substantiating that it is religious, theological, or faith-based, including:

7.3.6.a. Documentation that the institution holds at least pre-accreditation status with an accreditor;

7.3.6.b. A statement of institutional mission clearly establishing the mission of the institution as solely religious, theological, or faith-based and curricula and degree, diploma, or certification programs that clearly support that mission singularly; and

7.3.6.c. Other documentary evidence of qualification for exception from the requirements of initial authorization as a religious, theological, or faith-based institution.

7.3.7. An institution is not excepted from the requirement of initial authorization as a religious, theological, or faith-based institution if it offers degrees appropriate for academic institutions, such as, but not limited to, Associate of Arts, Associate of Science, or other degrees typically offered by academic institutions, regardless of curriculum of course content, unless the degree title includes the religious field of study (e.g., "Associate of Arts in Religious Studies"). Institutions operating as religious, theological, or faith-based also may not offer degrees associated with specific professional fields or endeavors not clearly and directly related to religious studies or occupations.

7.3.8. A religious, theological, or faith-based institution shall prominently disclose on any of its transcripts, degrees and diplomas, honorary degrees, or other written evidence of proficiency or achievement, and include in any promotional materials or other literature intended for the public the statement: "This institution is not authorized by the West Virginia Council for Community and Technical College Education or the State of West Virginia."

7.3.9. An institution operating as a religious, theological, or faith-based institution pursuant to this rule is not subject to annual reauthorization governed by 135 C.S.R. 52, Annual Reauthorization of Degree-Granting Institutions, so long as it continues to meet the criteria established herein: Provided, That if, at any time after the Council's written determination that the institution is excepted from the requirement of initial authorization, the operation or mission of any religious, theological, or faith-based institution changes and it begins offering general academic degree programs or courses of study, such institution shall notify the Council immediately and submit an application for initial authorization in accordance with Subsection 7.1. or 7.2. of this rule.

W. Va. Code R. § 135-20-7