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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2016

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14 DE Admin. Code 292
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education. The regulation is being reformatted and revised to clarify the approval process for Degree Granting Institutions of Higher Education.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on March 1, 2016, in the form hereto attached as Exhibit "A". Comments were received from the Governor's Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities regarding: (1) the use of terms Recognized Applicant and Recognized Approval being used interchangeably. The Department agrees clarification was needed and used "Recognized Applicant" within the regulation, (2) the regulation not addressing separate standards for degree granting law schools. The Department does not have authority to provide degree granting authority to law schools, thus it was not addressed in the regulation, (3) clarification needed for institutions incorporating in Delaware to provide documentation of official Department approval with any certificate of incorporation that includes the power to confer academic and honorary degrees. No further clarification is needed as the Department does not oversee the incorporation process, which is governed by statute, (4) the need for both hard and electronic versions to be submitted. The Department believes both formats are necessary for document search and archival purposes, (5) the timeliness of notice to students regarding institutions lack of authority to confer degrees or if their status to do so is terminated. The Department agrees that student notification in these areas should be clarified and provided such clarification in the regulations, (6) reference to "changes" really meaning "changes in accreditation." For clarification purposes, the Department changed the terminology to "changes in its accreditation" where applicable, (7) determining involvement of Division of Corporations in the process of Provisional Approval. No change was needed as the Department will inform the Division of Corporations if the Institution is no longer authorized to confer Degrees as is stated in the regulation, (8) the contents of DOE's endorsement on the certificate of incorporation and amendments of a degree granting institution. The Department appreciates this comment and will contemplate this idea further. Other changes, including some grammatical, were made to further clarify the intent of the regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education in order to clarify the approval process for Degree Granting Institutions of Higher Education.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on May 19, 2016. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 19th day of May 2016.
Department of Education
Accrediting Agencymeans a National, Regional, or Specialized Accrediting aAgency or association that appears on the list of recognized accrediting agencies published by the United States Secretary of Education or any other aAccrediting aAgency the Delaware Secretary of Education, deems within his or her discretion, to be reliable or be equivalent to those on the published list.
Agent” means any person representing an institution or employed by an institution, that contacts persons in any manner for the purpose of soliciting enrollment in any course, program, or degree.
Application Form” means the appropriate form created by the Department to request approval or renewal as a Post Secondary Institution of Higher Education.
Degree” includes, but is not limited, to any academic credential or designation not less than, but including associate, bachelor, master, doctor, or fellow, whether earned or honorary, which signifies, purports, or is generally taken to signify partial or satisfactory completion of the requirements of an academic, occupational, business, or other program of study beyond the secondary school level.
Degree Granting Authority” means authorization to confer Degrees.
Department means the Delaware Department of Education.
Department Approval means the process by which a specific institution is recognized by the Department of Education as meeting state standards for approval for such institution.
Full Approval” means the third level of Degree Granting Authority status granted by the Department.
Institution” means a pPost sSecondary iInstitution or iInstitution of hHigher eEducation.
Institution of Higher Education” means a college, university or other pPost sSecondary iInstitution authorized to confer degrees. For the purpose of this regulation, pPost sSecondary iInstitutions and iInstitutions of hHigher eEducation shall have the same meaning.
Middle States means the Middle States Commission on Higher Education or the standards for accreditation used by Middle States Commission on Higher Education.
National Accrediting Agency” means a nationally recognized aAccrediting aAgency or association that appears on the list published by the U.S. Secretary of Education.
"Operating License" means authorization of Institutions not incorporated in Delaware to offer courses, Programs of courses, or Degrees to residents of Delaware.
Post Secondary Education” means a higher level of education or noncompulsory education level following completion of a secondary education, such as high school or secondary school. Post sSecondary eEducation includes undergraduate and postgraduate education including associates, baccalaureate, masters, or postgraduate dDegrees. For the context of this regulation, pPost sSecondary eEducation does not include vocational or professional training otherwise included and regulated as Private Business and Trade schools and not resulting in a dDegree.
Post Secondary Institution or Institution of Post Secondary Education means an iInstitution of hHigher eEducation offering pPost sSecondary eEducation usually with the intent to confer academic dDegrees. For the purpose of this regulation, pPost sSecondary iInstitutions and iInstitutions of hHigher eEducation shall have the same meaning.
Private Business and Trade Schools” has the same meaning as in 14 Del.C. §8501(1)[(3)].
Program or Program of Courses means the specific sequence of courses and experiences required by an iInstitution. Program includes an organized unit of subject matter in which instruction is offered within a given time and for which credit is given toward completion of training toward a predetermined occupational or academic credential.
Provisional Approval” means the second level of Degree Granting Authority [status] granted by the Department.
Recognized [Approval Applicant]” means the initial level of Degree Granting Authority status granted by the Department.
Regional Accrediting Agency means an agency such as the Commission on Higher Education of the Middle States Association of Colleges and Schools or others that appear on the list published as Regional Institutional Accrediting Agencies, by the U.S. Secretary of Education.
Secretary means the Secretary of the Delaware Department of Education.
2.1 Pursuant to 14 Del.C. §121 (a)(16) and 122(b)(3), (8), and 8 Del.C. §125, no corporation or Institution other than those authorized in Title 14, shall without first having received approval from the Department:
2.3 Pursuant to 8 Del.C. §125, no Institutions, including those located outside of Delaware and offering in-state Programs shall be incorporated in Delaware with the power to confer Degrees without Department approval. Prior to incorporating in Delaware with the power to confer Degrees, an Institution shall obtain approval from the Department pursuant to this regulation. A corporation shall provide documentation of official Department approval with any certificate of incorporation filed with the Secretary of State that includes the power to confer academic or honorary Degrees.
2.3.1.3 The Department's own right, pursuant to 8 Del.C. §125, to set reasonable limitations to help ensure the quality of education offered by such Institutions of Higher Education incorporated in Delaware.
3.0 Standards for Approval of Institutions Classification of Institutions applying for Authorization
3.4.1 When appropriate, an institution shall have an adequate student personnel program, including student activities and a counseling service and the program shall be directed by a professionally trained person whose responsibilities embrace the general welfare and discipline of the students. Services shall aim to provide counseling, advocacy, intervention, and referral services so that students can resolve problems that might otherwise interfere with the achievement of their educational objectives, including services for personal concerns, academic choices, and career planning.
3.6.5 There shall be a faculty organization to carry out the respective educational responsibilities.
4.0 Levels of Approval Application Forms
4.1.1.1 An institution shall begin the approval process by completing the Department’s application and submitting the completed application and all documentation in duplicate to the Department. The application and supporting material shall be reviewed by the Department or an evaluation team selected by the Department. After the review the Department may require a meeting with the Board of Trustees or the administrative staff of the institution or both. The Department may also require an on site visit.
4.1.1.3.1 Near the end of the first full school year of classes but prior to the close of classes, the institution shall file a progress report with the Department. The Department or the evaluation committee may make an on site visit to the institution in order to verify the contents of the report and evaluate progress to date.
4.1.2.2 An institution receiving Provisional Approval may incorporate under 8 Del.C. §125 with the right to confer a degree. If the institution has previously incorporated without the right to confer a degree, the charter shall be amended to include the degree granting privilege. The institution shall retain this status until after the first class has been graduated.
4.1.2.5 The Department shall provide notice to Recognized Applicants and Provisionally Approved institutions of the requirements they must meet in order to achieve the next level of recognition. If an institution has a Delaware location, the Department shall require an on site visit to the Delaware location before moving to Full Approval.
5.2 The Secretary may, if she/he determines that it would be beneficial, appoint an evaluation committee to aid the Department in the evaluation process.
5.3 When an evaluation committee is used by the Department, a written report of the committee's action shall be sent to the Department with a recommendation to withdraw approval, to continue the status of Recognized Applicant along with a listing of any specific recommendations to be met by the institution or to grant new status of Provisional Approval, with the right to confer a degree.
5.4 At a time one or two years following the graduation of the first class from the institution but not later than three years, on an occasion selected by the Department; the institution shall present a third progress report and the Department or committee shall make an on site visit. In the event that this planned visit is scheduled to occur at approximately the same time as that of a visit from the Commission on Higher Education of the Middle States Association of Colleges and Schools, or another appropriate regional or specialized accrediting agency, it may be recommended to the Secretary that a favorable report by this visiting agency be accepted in lieu of a separate report and on site visit from the Department or evaluating committee. The recommendation on this occasion may be for Full Approval of the degree granting authority of the institution. It will be within the Secretary’s discretion to determine if the approval by the other Accrediting Agency meets the requirements of this regulation and whether to accept the on site visit and favorable report in lieu of any section of this regulation.
5.5.1 If approval of the institution is denied at any of the three levels of approval, the institution shall have the right of appeal to the Secretary but in such appeal shall be required to submit necessary evidence to show cause why approval should be granted or why temporary approval should be extended for a longer period of time.
6.0 Additional Procedures for Approval of Non Delaware Institutions of Higher Education that Offer Courses, Programs of Courses or Degrees Within the State of Delaware Levels of Approval and Institution Requirements
6.3 The Institution shall prove that the degree programs conform to the minimum standards established by the Department for similar institutions operating within the State. The Secretary may within his or her discretion, consider if an institution has been regionally accredited and determine if the regional accreditation meets the standards listed in this regulation and may accept that accreditation for part or all of the requirements in this regulation. However, an Accrediting Agency designation of Recognized Applicant or any other less than full accreditation designation shall not be accepted.
6.1.4.6 The Institution shall submit updated Agent [identification and license] information and appropriate fees as part of its renewal request.
6.1.6.[12] The Institution shall notify students individually, in writing, near the end of the first school year with classes, but prior to the close of classes, that it does not have Degree Granting Authority if it is offering students an Associate's Degree or any two-year Degree, and it has not received its Degree Granting Authority near the end of the first school year with classes. The Institution shall provide such notification annually thereafter until Provisional Approval is achieved.
6.1.6.[23] The Institution shall notify students individually, in writing, near the end of the second school year with classes, but prior to the close of classes, that it does not have Degree Granting Authority if it is offering students a Bachelor's Degree or any four-year Degree, and it has not received its Degree Granting Authority near the end of the second school year with classes. The Institution shall provide such notification annually thereafter until Provisional Approval is achieved.
6.1.7.1 The [Institute Institution] may request to advance to the next level of approval at the end of the second year of operation or later and at the time that it submits a progress report. At that time, the [Institute Institution] shall also submit an Application Form indicating a request to advance to the next level of approval status.
6.1.7.3 Those Institutions required to remain on Recognized [Approval Applicant] status shall be informed of the changes and improvements necessary to be eligible for Provisional Approval status. There is no guarantee that a Recognized [Approval Applicant] Institution will be given either Provisional or Full Approval.
6.1.8.1.4 The Institution fails to request annual renewal of [their its] status or request timely advancement to next status level; or
6.1.8.2 If the Institution's approval status is terminated, the approval status will automatically expire one year after approval. If an Institution's approval [status] expires, the Institution shall be required to begin the application process from the beginning and submit a new Application Form.
6.2.1 Provisional [aA]pproval is the second level of approval granted by the Department. An Institution with Provisional Approval status shall have the right to confer Degrees.
6.2.3 An Institution receiving Provisional Approval may incorporate under 8 Del.C. §125 with the right to confer Degrees. If [after the three years with a Provisional Approval status, and] the Institution has previously incorporated without the right to confer Degrees, the Institution may amend their [charter certificate of incorporation in accordance with 8 Del.C. §125] to include the Degree Granting Authority privilege. The Institution shall retain this status until after the first class has been graduated.
6.2.5 Provisional [aA]pproval and its requirements must be met by the [Institute Institution] until such time as the Institution receives accreditation from an Accrediting Agency or the Department determines that the Institution may advance to the next status level of Full Approval.
6.2.6.1 After the initial approval, renewal approval for Institutions with Provisional Approval [shall be may be renewed] contingent upon submission of an Application Form, new and updated accreditations, a current course catalog and appropriate fees. The Institution shall submit a progress report six months prior to the expiration of its Provisional Approval. The Application Form to request renewal will accompany the progress report.
6.2.6.1.5 The Institution shall submit an updated Agent [application identification and license request] and appropriate fees as part of its renewal request.
6.2.6.1.6 The Institution shall keep the Department informed of any changes since its most recent approval, including [changes in its accreditation,] the names and addresses of those responsible for directing Programs from the parent campus[,] and the locations of all sites in Delaware where instruction is offered.
6.2.7.1 The [Institute Institution] may request to advance to the next level of approval six months prior to the expiration of its current Provisional Approval term in its progress report or upon receipt of accreditation. At that time, the [Institute Institution] shall also submit an Application Form, with required documents, indicating a request to advance to Full Approval status.
6.2.7.4 If a[n Institution with] Provisional Approval [Institution status] does not receive Full Approval within four years after the first graduating class, the Department may withdraw all approval and inform the [Corporation Division of Delaware Delaware Division of Corporations] that the Institution is no longer authorized to confer Degrees. [The Institution shall also notify students in writing of the revocation of Degree Granting Authority as noted in subsection 6.1.6.4]
6.2.8.1.4 The Institution fails to request annual renewal of [their its] status or request timely advancement to next status level; or
6.3.3 An Institution receiving Full Approval may incorporate under 8 Del.C. §125 with the right to confer Degrees. If the Institution has previously incorporated without the right to confer Degrees, the Institution [may shall] amend [their charter its certificate of incorporation in accordance with 8 Del.C. §125] to include the Degree Granting Authority [privilege]. The Institution shall retain this status until after the first class has been graduated.
6.3.5.2 The Institution shall submit an updated Agent [application identification and license request] and appropriate fees as part of its renewal request.
6.3.5.3 All Institutions shall keep the Department informed of any changes since its most recent approval, including [changes in its accreditation,] the names and addresses of those responsible for directing Programs from the parent campus[,] and the locations of all sites in Delaware where instruction is offered.
6.3.6.2 If the Institution's approval status is terminated, the approval status will automatically expire one year after approval. If an Institution's approval [status] expires, the Institution shall be required to begin the application process from the beginning and submit a new Application Form.
6.4.4.2 The Institution shall submit an updated Agent [application identification and license request] and appropriate fees as part of its renewal request.
6.4.4.3 All Institutions shall keep the Department informed of any changes since its most recent approval, including [changes in its accreditation,] the names and addresses of those responsible for directing the Programs from the parent campus, and the locations of all sites in Delaware where instruction is offered.
6.4.5.2 If the Institution's approval status is terminated, the approval status will automatically expire one year after approval. If an Institution's approval [status] expires, the Institution shall be required to begin the application process from the beginning and submit a new Application Form.
7.0 Violations of the Law Agents
Violations of the law and regulations relating to Institutions as herein described shall be referred to the Attorney General of the State of Delaware for any action or permitted or required by law.
7.1 The Institution shall submit the appropriate Agent [application identification and license] identifying the Agent(s), and their respective corporate affiliations, who will represent the Institution when contacting individuals within the state of Delaware for the purpose of soliciting enrollment in the Institution.
8.0 Additional Procedures for Approval of Institutions Located In Other States or Territories and Not Offering Programs In State Denial and Right to Hearing
8.1 Pursuant to 8 Del.C. §125, all institutions including those located outside of Delaware, and not offering programs in state, shall not incorporate in Delaware with the power to confer degrees without Department approval. Prior to incorporating in Delaware with the power to confer degrees, an institution shall obtain approval from the Department pursuant to this regulation. A corporation shall provide documentation of official Department approval with any certificate of incorporation filled with the Secretary of State that includes the power to confer academic or honorary degrees.
8.1.2 The requirements of this regulation shall be the minimum criteria necessary to obtain Department approval. As a matter of comity, the Department shall not approve the incorporation of colleges, universities or other institutions offering credit bearing courses, that have a primary site of operation in another state and do not operate in Delaware, unless the institution already is approved by the state degree granting authority of the state in which it is located, or, in states without a degree granting authority, is accredited by a nationally or regionally recognized Accrediting Agency or association approved by the United States Department of Education. The Secretary may within his or her discretion grant approval of the out of state institution based on the accreditation of a Nationally or Regionally Recognized Accrediting Association if after reviewing the complete application, the Secretary determines that the accreditation meets the minimum standards required in Delaware.
The Department shall inform the Presidents of Delaware's public and private institutions of higher education of institutions that have applied to offer programs in the state. This notification shall take place after the applicant institution has completed the initial application and after the Department has reviewed the application, but before an on site visit to the institution has been made.
10.0 Additional of Programs After Initial aApproval for Institutions whose Degree Granting Authority Originates from Delaware
10.5 The additional Program(s) may be granted provisional approval [under this section] for a period of 1 to 3 years or to the date of the next Institutional review if the time period is less than 1 to 3 years.
11.1.2 Institutions that have a designation of Recognized Applicant [status] or Provisional Approval [status] shall pay an annual fee of $250.00 until the Institution achieves Full Approval status. Once Full Approval status [or extension thereof] is achieved[,] the Institution [is subject to shall pay] a fee of $1000.00 [authorizing for] the Institution to have Degree Granting Authority [for up to five years].
11.3.2 Upon approval for [or renewal of] an Operating License, the Institution shall pay an Operating License fee of $1000.00 [valid for up to five years].
11.7 Any and all costs incidental to the evaluation and approval of a Program [or of cC]ourse[s], except the salary of personnel from publicly supported education Institutions in Delaware, shall be the responsibility of the applicant Institution.
Prior to discontinuing operation or upon dissolution, all iInstitutions shall comply with the requirements of 14 Del.C. §8530.
Last Updated: December 31 1969 19:00:00.
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