department of education

Office of the Secretary

14 DE Admin. Code 398

PROPOSED

Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)

398 Degree Granting Institutions of Higher Education

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 398 Degree Granting Institutions of Higher Education in order to add definitions and improve the clarity of the process and of the appeal procedures described in the regulation. The title and the number of the regulation have also been changed to 292 Post Secondary Institutions and Degree Granting Institutions of Higher Education thus moving the regulation from the 300 Section to the 200 Section of the Administrative Code.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses approval of institutions of higher education not student achievement.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses approval of institutions of higher education not equitable education issues.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation addresses approval of institutions of higher education not health and safety issues.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses approval of institutions of higher education not legal rights issues.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation addresses approval of institutions of higher education not local schools or local board issues.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation addresses approval of institutions of higher education not local schools or local board issues.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies

9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the State or to the local school boards since the regulation does not affect them.

398 Degree Granting Institutions of Higher Education

292 Post Secondary Institutions and Degree Granting Institutions of Higher Education

The words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

“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.

“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.

“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.

“Institution” means a post secondary institution or institution of higher education.

“Institution of Higher Education” means a college, university or other post secondary institution authorized to confer degrees. For the purpose of this regulation, post secondary institutions and institutions of higher education 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 accrediting agency or association that appears on the list published by the U.S. Secretary of Education.

“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 secondary education includes undergraduate and postgraduate education including associates, baccalaureate, masters, or postgraduate degrees. For the context of this regulation, post secondary education does not include vocational or professional training otherwise included and regulated as Private Business and Trade schools and not resulting in a degree.

“Post Secondary Institution or Institution of Post Secondary Education” means an institution of higher education offering post secondary education usually with the intent to confer academic degrees. For the purpose of this regulation, post secondary institutions and institutions of higher education shall have the same meaning.

“Private Business and Trade Schools” has the same meaning as in 14 Del.C. §8501(1).

“Program or Program of Courses” means the specific sequence of courses and experiences required by an institution. 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.

“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 Institutions may be granted one of three levels of recognition: Recognized Applicant, Provisional Approval or Full Approval for five years.

2.1.1 Recognized Applicant: An institution shall complete the questionnaire, Application to Confer Academic and Honorary Degrees. This material, presented in duplicate, is reviewed by an evaluation team mutually acceptable to the institution and the Department of Education. After the review and a hearing with the Board of Trustees and the administrative staff of the institution, an on site visitation may be required if the institution is actually in operation. If all the facts gained appear to meet, or show promise of meeting, a significant portion of the standards as stated in the Delaware Standards for Approving Institutions of Higher Education, the institution shall be notified of Recognized Applicant status valid for one or more years. Recognized Applicant status may be extended yearly or may be terminated. Recommendations shall be made for any changes in or additions to the information previously submitted which would be necessary for consideration for Provisional Approval. A two year institution shall request evaluation for Provisional Approval no later than the beginning of the 4th semester; four year institutions, no later than the 7th semester. Institutions offering programs of varying duration shall request evaluation for Provisional Approval in a time frame appropriate to the length of the program.

2.1.2 Provisional Approval: Following the on site visit, required for this second level of approval, the team shall recommend to the Secretary of Education that either the institution continue to be recognized only as an Applicant without degree granting status, or it be granted Provisional Approval with the right to confer the degrees requested. Those institutions required to remain on Applicant Status will be informed of the changes and improvements necessary to be eligible for Provisional Status. There is no guarantee that a Recognized Applicant institution will be given either Provisional or Full Approval. A Recognized Applicant institution may incorporate but its charter shall not include the right to confer degrees.

2.1.2.1 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.

2.1.2.2 An institution shall seek full approval within a minimum of two years following the first graduation but may petition for such approval within the first year. The conferring of final approval may require a second on site visit.

2.1.2.3 If a Provisionally Approved institution does not receive full approval within four years after the first graduating class, the Department of Education may withdraw all approval and inform the Corporation Division of the State of Delaware that the section in the charter for the institution which refers to the right to confer degrees is no longer valid.

2.1.2.4 It shall be the responsibility of the Department of Education to keep Recognized Applicants and Provisionally Approved institutions apprised of the requirements they must meet in order to achieve the next level of recognition. The Department of Education shall require that an on site visit to the Delaware location take place before moving to Final Approval.

2.1.2.5 For Final Approval an institution must meet the minimum standards that are found in 1.0. However, for certain types of organizations such as a junior college of business, or a specialized area within a college such as the library, or a specialized college or school offering degrees, the Department of Education reserves the right to use as additional criteria the regulations of the appropriate accrediting or approving agency. For example, the criteria established by the Accrediting Commission for Business Schools might be used as supplementary requirements to be applied to two year proprietary business colleges; the standards of the American Association of Collegiate Schools of Business might be applied to nonprofit two or four year institutions. The Guidelines of the American Bar Association might be the basis of approving a law school or college. The standards established by the American Library Association will be applied to all college libraries except where more specific standards are available for professional libraries such as a law library.

2.1.3 Fully Approved institutions shall retain such status for a period of no longer than five years by which time a progress report must be filed with a follow up visitation required if deemed desirable by the Department of Education. If such an institution is scheduled for a Regional Accreditation evaluation at the time of either the Final Approval or the five year period review and the Department of Education has a representative on the evaluation team, the Department of Education may accept the Regional Approval in lieu of a separate evaluation.

2.1.3.1 Provisionally Approved and Fully Approved institutions shall keep the Department of Education informed of any changes in the facts as presented in their applications.

2.2 All expenses incurred by a visiting team at any stage in the approval procedures shall be borne by the institution requesting approval.

2.3 Proposals or descriptions for graduate programs shall be very carefully detailed with emphasis on admission requirements, standards for maintaining graduate status, qualifications of staff, opportunities for research, adaptation of programs to individual needs, and any other facts pertinent to a good graduate program.

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:

2.1.1 incorporate in Delaware with the power to confer degrees; or

2.1.2 offer courses, programs of courses, or degrees within Delaware.

2.2 This regulation shall not apply to Private Business and Trade Schools to the extent they do not offer degrees and are governed by 14 Del.C. Chapter 85.

An institution seeking Department approval shall adopt the following:

1.3.1 Purposes and Objectives

1.3.1.1 An institution shall present a well defined statement of the broad purposes or goals of the institution and the specific objectives for the students both generally and in each special program or area of study. This statement shall include the reasons for the existence of the institution in its particular community. In addition, the purposes shall be reflected in the types of students and sequence of the offerings of the college in general and in specific programs.

13.1.1.1 The An Institution’s specific objectives shall be presented in behavioral terms and shall be the basis for future student and program evaluation.

1.1.1.2 The Department's 14 DE Admin. Code 225 Prohibition of Discrimination that prohibits discrimination on the basis of race, color, creed, national origin, disability, age or gender in programs receiving approval from the Department applies to Degree Granting Institutions of Higher Education approved by the Department of Education .

3.1.1.2 All institutions shall adopt the Department’s antidiscrimination regulation 14 DE Admin. Code 225.

13.2 Administrative Organization

13.2.1 The organizational pattern of the institution as a two year associate or a four year baccalaureate or graduate or professional institution, or as a single or multipurpose institution, shall be clearly defined and shall be related to the purposes of the institution.

13.2.2 The institution shall present a definite statement, including an organizational chart, or its administrative structure and a description of the functions and interrelationships of the governing board (board of trustees), advisory board (if any), the president and the administrative staff, and the faculty.

13.2.3 The functions and responsibilities of the board shall be clearly defined in the Bylaws.

13.2.4 The board shall be moderate in size (between 9 and 25 members) and shall represent different points of view and interests, be selected from persons interested in the institution, willing to give the time necessary for board matters and be appointed or elected for regular or overlapping terms of office. The large majority of the members should shall be other than the salaried administrators of the institution.

13.2.5 There shall be evidence of established channels of communication between the governing board and the administration and faculty.

13.2.6 There shall be evidence that the administrative staff has the The administrative staff shall have the necessary time and assistance to enable members to discharge their duties efficiently.

13.2.7 There shall be evidence that the administrative staff is aware of its three major functions; The administrative staff functions shall include selection, supervision and support of faculty; selection and supervision of the students; and operation of the facilities for the benefit of faculty and students. Institutions shall adopt a policy to ensure that the administrative staff is aware of the above three major functions.

13.2.8 There shall be definite policies and procedures concerning academic freedom, tenure, retirement, pensions, pension plans, leaves of absence, sick leave, the determination of rank and promotions, and the professional development of the faculty, administrative officers and professional staff.

13.3 Financial Administration

13.3.1 The institution shall demonstrate have financial resources adequate for the effective accomplishment of its announced purposes. The income shall be so expended as to provide equitably for instruction, administration, maintenance, equipment and supplies, library, and student activities.

3.3.1.1 An institution shall have an adequate reserve in unencumbered funds.

3.3.1.2 Financial statements for both beginning and continuing institutions shall contain the following:

3.3.1.2.1 Reflect clearly the sources of income, categories of expenditure, and the profit or nonprofit status of the institution;

3.3.1.2.2 Show the nature and amount of indebtedness, if any; how incurred; and the provision for amortization; and

3.3.1.2.3 A five year financial projection.

3.3.1.3 The institution shall indicate agreement or provide a surety bond for the protection of the contractual rights of students.

3.3.1.4 The institution shall adopt standards for accounting and financial reporting. The structure shall account for federal and state monies, as well as other sources of income and expenditures.

3.3.1.4.1 The institution shall conduct an external independent annual audit on a scheduled basis that shall be reviewed by its governing board.

13.3.2 The business management shall be under the direction of a responsible bonded financial officer charged with the preparation and supervision of the budget in accordance with sound financial and educational practices.

13.3.3 A continuing institution shall present an operating statement and proposed balance sheet for the fiscal year and a budget summary for each present fiscal year, comparable in amount of detail to those customarily prepared for trustees.

13.3.4 Information shall be available on the annual surplus or deficit at the end of each of the past five fiscal years.

13.3.5 The general aspects of business administration and the principles of accounting and reporting shall adhere to the widely accepted standards published by the National Association of College and University Business Officers (NACUBO).

13.4 Student Personnel Program

13.4.1 When appropriate, an institution shall provide evidence of 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.

13.4.2 Provision shall be made in the counseling service for testing of students' abilities and interests as aids to student self understanding, educational planning and career decisions.

13.4.3 Depending on the scope of the institution and whether it is residential or nonresidential in character, the student personnel program shall be concerned with the living arrangements, and health needs of students, and with the development of a meaningful program of social, recreational, and athletic, education and cultural out of class activities. If the institution is residential, it shall also be concerned with student living arrangements.

13.5 Admission Policies and Procedures

13.5.1 The institution shall have a carefully stated selective admissions policy that is appropriate to the institution's purposes and organization. Admission criteria shall be established in consideration of the abilities needed by all students to achieve satisfactorily in the various programs of study offered. The institution shall operate in compliance with announced admission policies and procedures.

13.5.2 The admissions office shall be adequately staffed to carry out the admissions policies and procedures.

13.5.3 For admission, the institution shall require either graduation from an accredited secondary school or other recognized standards such as the General Education Development Test (GED) scores or the College Entrance Examination Board scores. The applicant's file should shall contain a complete transcript of the school record including courses, grades, and other appropriate information properly signed by the high school principal, guidance officer or other duly authorized school official.

13.5.4 The institution shall supply evidence such as provide correlations between admission credentials and freshman grades, academic attrition studies and objective test results and others, to demonstrate that it selects students qualified to pursue successfully the program of study for which admitted. The institution shall admit students in accordance with its published criteria.

13.5.4.1 The institution may, at its discretion employ more flexible and experimental admissions standards but should shall document with supporting information the criteria used to judge these students for admission and evaluate these criteria based on experience.

13.6 Faculty

1.3.6.1 The number of faculty shall be adequate to support the mission of the institution, to serve the projected number of students at an acceptable ratio and to insure the quality and the integrity of its academic programs. Documentation of faculty qualifications in the form of resumes must shall be available to the Department upon request. The institution shall have clearly defined criteria for faculty appointments, incentives for retention, and provisions for inservice growth and development.

13.6.2 There shall be a well planned incentive program designed for retention of faculty. When applicable, such a program shall include policies on academic freedom, tenure, retirement, pensions pension plans, leaves of absence including sabbaticals, sick leave, insurance, and other faculty benefits. There shall be a clear statement of criteria for each rank and the requirements for promotion.

13.6.3 There shall be a thorough orientation for all new faculty, periodic evaluation and critique of instructional methods, and, where appropriate, evidence of research accomplishment.

13.6.4 If faculty members serve as advisors, they shall be fully informed about degree requirements, transfer regulations and any other specific requirements such as state teacher certification or professional licensing.

13.6.5 There shall be evidence that there is a faculty organization to carry out the respective educational responsibilities.

13.7 Program

13.7.1 The number and variety of curricula shall be determined by the purposes of the institution, the size of the student body, and the available personnel and resources of the institution.

13.7.2 Curricula in all fields shall evidence recognition of the relationships between a broad education and the acquisition of techniques and skills. Degree requirements for each curriculum shall be clearly stated.

13.7.3 Transfer and career programs in a junior college shall include a block of courses in liberal education.

3.7.4 Descriptions for graduate programs shall be very carefully detailed with emphasis on admission requirements, standards for maintaining graduate status, qualifications of staff, opportunities for research, adaptation of programs to individual needs, and any other facts pertinent to a good graduate program.

13.8 Graduation Requirements

13.8.1 For authorization to grant an associate degree, an institution shall require 60 semester hours of academic and pre professional work or equivalent, give credit only for courses completed with a passing grade of the (D) or its Institutional equivalent and require an average of 2.0 or specify clearly what index is required for graduation.

13.8.2 For authorization to grant a baccalaureate degree, an institution shall require a minimum of 120 semester hours for graduation and no less than a 2.0 overall average (on a 4.0 scale).

13.8.3 All graduation requirements shall be clearly delineated for any institution.

13.9 Facilities

13.9.1 Administrative and faculty facilities, classrooms, library, laboratories, and student activity centers shall be suitable for their specific purposes, and convenience for advisement and scheduling, and shall promote the highest standards of learning, health and personal welfare. The institution shall comply with applicable state and federal standards, with respect to the accessibility of facilities by persons with disabilities.

13.9.2 Beginning institutions and those planning expansion programs shall have well designed plans for appropriate building expansion.

13.10 Library

13.10.1 The institution shall provide library facilities adequate to the effective realization of its stated objectives. The scope of resources shall follow the current Middle States recommendation that the resources must be in reasonable proportion to the needs to be served, but numbers alone are no assurance of excellence. Most important are quality, accessibility, availability, and delivery of resources on site and elsewhere. The Secretary may allow the institution flexibility from the Middle States recommendation, if the Secretary determines within his or her discretion that the library provides alternative access to resources and will provide adequately for students.

13.10.2 In the case of the non Delaware institution offering courses, programs of courses, or degrees in Delaware, library facilities shall be imported on a temporary basis or provided through contractual arrangements so that the material available will provide adequate support to the courses offered.

13.11 Outcomes

13.11.1 The institution shall describe its means for assessing the extent to which it achieves its stated purposes and objectives insofar as this is measurable.

13.11.2 Plans for the measurement of outcomes shall include evaluation of undergraduate achievement based on standard tests; a study of the performance of graduates in graduate or professional schools (or of transfer students in the junior or senior years); and a long term study of the achievements based on data gathered periodically and systematically.

13.12 Catalog and Announcements

13.12.1 The catalogs and all other announcements shall give an accurate description of the actual offerings of the institution and show evidence that the institution is managed by educationally competent and morally responsible persons and shall include specifically:

13.12.1.1 Identification data, such as volume number, and date of publication.

13.12.1.2 The Nnames of the institution, the governing board, and the administrative staff and faculty showing earned degrees and the institutions granting them.

13.12.1.3 A complete calendar for the academic year.

13.12.1.4 A statement of its accredited or approval status.

13.12.1.5 A statement of the origin and objectives of the institution.

13.12.1.6 Admission and graduation policies and requirements.

13.12.1.7 A Ddetailed schedule of all fees and other charges as well as refund policies.

13.12.1.8 Information concerning scholarship funds.

13.12.1.9 A Ddescription of location of the institution; buildings, grounds and equipment.

13.12.1.10 A Llist of degrees conferred and requirements for each degree.

13.12.1.11 An Ooutline of each curriculum and a description of each course offered during period covered by the catalog and an indication of courses offered at other times. Descriptions shall indicate prerequisites, if any.

13.12.1.12 The Nnumber of weeks of instruction per semester and of class meetings per week.

3.12.1.13 A policy for the screening of staff including any policy on criminal background checks.

The Department shall review applications and shall deny or grant approval or may request additional information prior to denial.

4.1 Institutions may be granted one of three levels of approval: Recognized Applicant, Provisional Approval or Full Approval.

4.1.1 Recognized Applicant

Recognized Applicant is the initial level of approval granted by the Department. The status of Recognized Applicant does not carry authorization to confer degrees.

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.

4.1.1.2 If the Department determines that based on all the facts gained the institution appears to meet, or shows promise of meeting a significant portion of the standards as stated in this regulation, the institution shall be granted Recognized Applicant status.

4.1.1.3 Recognized Applicant status may be valid for one or more years. If the Department determines that the institution continues to meet the requirements of this regulation and is making satisfactory progress towards the next level of recognition, Recognized Applicant status may be extended yearly. If the Department determines that the institution does not continues to meet the requirements of this regulation or is not making satisfactory progress towards the next level of recognition, Recognized Applicant status may be terminated.

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.

4.1.1.3.2 A two year institution shall request evaluation for Provisional Approval no later than the beginning of the 4th semester and a four year institution, no later than the 7th semester. Institutions offering programs of varying duration shall request evaluation for Provisional Approval in a time frame appropriate to the length of the program.

4.1.1.4 The Department or evaluation committee shall make recommendations for any changes in or additions to the information previously submitted that would be necessary for consideration for Provisional Approval.

4.1.1.5 A Recognized Applicant institution may incorporate but its charter shall not include the right to confer degrees.

4.1.1.6 If a Recognized Applicant fails to file a progress report, keep the Department informed of changes or request annually renewal of their status as a Recognized Applicant or advancement to provisional approval, the institution’s approval automatically expires one year after approval. If an institution’s approval expires, the institution shall be required to begin the application process from the beginning and submit a new application.

4.1.2 Provisional Approval

Provisional Approval is the second level of approval granted by the Department.

4.1.2.1 Following the review of the request for provisional approval, the evaluation committee, if utilized by the Department, shall recommend to the Department and the Department shall determine that either the institution continue to be recognized only as an Recognized Applicant without degree granting status, or it be granted Provisional Approval with the right to confer the degrees requested. Those institutions required to remain on Recognized 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 Applicant institution will be given either Provisional or Full Approval.

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.

4.1.2.3 An institution shall seek Full Approval within a minimum of two years following the first graduation but may petition for such approval within the first year. The Department may require an on site visit prior to conferring recognition of Full Approval.

4.1.2.4 If a Provisionally Approved institution 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 the State of Delaware that the section in the charter for the institution which refers to the right to confer degrees is no longer valid.

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 The Department shall require that an on site visit to the Delaware location before moving to Full Approval.

4.1.3 Full Approval

Full Approval is the third level of approval granted by the Department.

4.1.3.1 For Full Approval an institution shall meet the minimum standards that are found in this regulation. However, for certain types of organizations such as a junior college of business, or a specialized area within a college such as the library, or a specialized college or school offering degrees, the Department within its discretion may use as additional criteria the regulations of the appropriate accrediting or approving agency.

4.1.3.2 Fully Approved institutions shall retain such status for a period of no longer than five years. Prior to the expiration of the five (5) year term, the institution shall file a progress report and the Department or evaluation committee shall complete an on site visit. If an institution fails to seek renewal of their Full Approval status their recognition shall expire. After the initial renewal, all Fully Approved institutions shall continue to file for renewal for at least every five years, prior to the expiration of their approval.

4.1.4 If an institution is scheduled for a Regional Accreditation evaluation at the time of either the Full Approval or the five year period review and the Department of Education has a representative on the evaluation team, the Department of Education may accept the Regional Approval in lieu of a separate evaluation.

4.1.5 All institutions shall keep the Department informed of any changes in the facts as presented in their applications.

4.1.6 All expenses incurred by a visiting team at any stage in the approval or renewal procedures shall be borne by the institution requesting approval.

35.1 The Applicant Institution shall complete detailed application questionnaires a detailed application on forms approved by the Department and submit data as requested to the Department.

35.2 The Secretary shall may, if she/he it determines that it would be beneficial, appoint an evaluation committee to advise the Secretary and the Applicant Institution from the time of application through the final approval aid the Department in the evaluation process.

3.2.1 The committee shall be composed of persons from the Department of Education, the University of Delaware and other persons with experience in the field of higher education and shall recommend to the Secretary of Education that the Institution receive status as a Recognized Applicant or deny recognition. The status of Recognized Applicant does not carry authorization to confer degrees.

3.3 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 as described and requested by the committee. The evaluation committee will make an on site visit to the institution in order to verify the contents of the report and evaluate progress to date.

35.3.1 A When an evaluation committee is used by the Department, a written report of the committee's action shall be sent to the Secretary of Education 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.

35.4 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 mutually agreed upon by the officials of the institution and the evaluation committee 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 of Education 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 final approval 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.

3.5 If approval of the institution is denied at any of the three major steps described in this procedure, the institution shall have the right of appeal to the Department of Education but in such appeal will 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.

3.6 Any costs incidental to the evaluation and approval of an institution shall be the responsibility of that applicant institution.

5.5 Right to Hearing

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.

5.5.2 The Department shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary within twenty (20) calendar days.

5.5.3 Hearings shall be conducted in accordance with the Department’s Hearing Procedures and Rules.

4.16.1 Out of state institutions wishing to offer credit bearing courses, programs of courses, or degree programs in Delaware shall make application to the Secretary of Education Department at least one academic year before the requested date of implementation.

4.26.2 Final application forms with supporting documents shall be presented to the Secretary of Education Department at least six months prior to the requested date of implementation.

4.3 An accreditation agency designation of Recognized Applicant or any other less than full accreditation designation shall not be accepted.

4.4 Even though an institution is regionally accredited, the Department of Education may at any time require the institution to present a complete and documented application for license if complaints directed against the Delaware operation of the institution by Delaware enrollees seem to warrant a more thorough review.

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 accreditation agency designation of Recognized Applicant or any other less than full accreditation designation shall not be accepted.

4.56.4 The Institution shall prove that the proposed site or facility is in compliance with applicable Federal, Delaware and local governmental laws and standards pertaining to zoning, occupancy, accessibility, fire, health and safety.

4.6 The Institution shall prove that the degree programs conform to the minimum standards established by the Department of Education for similar institutions operating within the State.

4.76.5 The Institution shall guarantee, by resolution of their Board of Trustees, that their operations in the state of Delaware will be financially solvent.

4.86.6 Programs shall be approved for periods of one to five years but initially programs shall be approved for up to three years. Credit bearing courses, but not degree programs shall be approved for only one year.

4.96.7 After the initial approval, renewal approval will be contingent upon a favorable recommendation based upon periodic review by the staff of the Department of Education and usually if deemed necessary by the Secretary within her discretion, with the assistance of a consultant(s) from an institution of higher education with expertise in the program or course offered.

4.106.8 The institution shall be obligated to keep the Secretary of Education Department informed of the names and addresses of those responsible for directing the programs from the parent campus, the names of instructors, the locations of all sites in Delaware where instruction is offered, and the names and addresses of students enrolled in the program or course.

4.116.9 A license fee of $250.00 per out of state institution shall be required for each school year of operation. Program duration of a shorter period, such as one semester or one quarter, shall pay a minimum fee of $150.00.

4.126.10 Any and all costs incidental to the evaluation and approval of a program or course, except the salary of personnel from publicly supported education institutions in Delaware, shall be the responsibility of the applicant institution.

4.136.11 Each year the Department of Education shall publish a list of all programs and courses approved to operate in the State of Delaware.

4.146.12 Agents

Every agent representing an institution as herein defined, located outside the state of Delaware whether such institution is located inside the state of Delaware or any other state or in any nation of the world, that contacts persons within the state of Delaware for the purpose of soliciting enrollment in the institution, shall make written application for an agent's permit to the Department on forms prepared and furnished by the Department. Each application shall state the name of the school which the applicant will represent, contain evidence of the honesty, truthfulness and integrity of the applicant, shall be verified under oath by him/her the applicant, and shall be accompanied by the recommendation of two reputable persons, certifying that the applicant is truthful, honest, and of good reputation, and recommending that a permit, as an agent, be granted to the applicant. The fee for an original permit, as an agent, shall be determined by the Department and there shall be an annual renewal fee determined by the Department. A separate permit shall be obtained for each school represented by an agent.

4.14.16.12.1 Each applicant for a permit to serve as an agent shall submit with the application a fee in the amount of $10.00 for the first application. This fee will be required for each institution represented by any one agent. The fee for renewal of the permit to serve as an agent shall be $5.00 for each institution represented by the agent. The agent shall present a second application for a permit to serve as agent in conjunction with the application for certification by the second institution that he/she the agent will represent.

4.14.26.12.2 Each agent shall apply for a permit each year at the same time that the institution he/she the agent is to represent makes application for a Certificate of Approval or renewal. If the institution is not required to make application for renewal or continuation that year, the agent shall apply for renewal prior to the expiration of the current permit. No permit shall be issued for a period of more than twelve calendar months. No agent shall perform the function of his/her assignment and solicit Delaware enrollees in the institution until he/she has been issued the appropriate identification permit.

4.14.36.12.3 The lapse, suspension, revocation or non renewal of the certification of an institution for any cause shall make invalid all agent permits for that institution.

4.14.46.12.4 The institution shall report the discharge or resignation of any agent shall be reported immediately to the Department of Education within thirty days.

4.14.56.12.5 To the extent that the Department determines any situation warrants it, the Department of Education shall be responsible for publicizing publicize the discontinuance of any certificate or permit.

4.14.6 In any instance where the owner of an institution indicates that he/she plans to serve as his own agent, separate fee for the agent permit will be waived, but the permit must be obtained. Any additional agents must obtain permits as otherwise described.

6.12.6 The fee for the agent permit shall be waived for the owner or the chief executive officer of the institution who also servers as its agent. Each individual shall still apply for and obtain an agent permit. Any additional agents must obtain permits as otherwise described.

4.15 Violations of the law and regulations relating to Institutions of Higher Education as herein described shall be referred to the Attorney General of the State of Delaware who shall assume responsibility for enforcement of the law and the regulations

6.12.7 The fees charged as filling and renewal fees are not refundable.

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.

5.8.1 Pursuant to 8 Del.C. §125, the Division of Corporations of the Delaware Department of State forwards requests for incorporation made by private colleges and universities, 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 to the Department of Education for approval prior to incorporation. 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.

58.1.1 With respect to these requests for incorporation, the Department of Education recognizes the following: 1) the interest of each state and territory of the United States to grant the authority to award degrees to institutions located within that state or territory; 2) the legitimate request of private colleges and universities located outside of Delaware to make a business decision to incorporate in the State; and 3) the Department’s of Education's own right, pursuant to Section 125, to set reasonable limitations to ensure the quality of education offered by such institutions of higher education incorporated in Delaware.

58.1.2 The requirements of this regulation shall be the minimum criteria necessary to obtain Department approval. As a matter of comity, the Department of Education will 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. A nationally recognized accrediting agency or association is one that appears on the list published as Nationally Recognized Accrediting Associations, by the Secretary of Education. The Secretary may within his or her discretion grant approval of the out of state institution based on the accreditation of a Nnationally or Regionally Recognized Accrediting Association if after reviewing the complete application, the Secretaryhe/she determines that the accreditation meets the minimum standards required in Delaware.

The Department of Education 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.

Institutions shall request approval for programs to be added after the initial approval has been granted.

10.1 An institution shall submit a request for approval of additional program(s) on a Department form with supporting information and documentation as requested.

10.2 The Department shall review the additional programs based on the information previously submitted by the institution and the mission of the institution.

10.3 The Department shall determine if the additional program(s) meets the requirements of this regulation.

10.4 The additional program(s) may be granted provisional approval for a period of 1-3 years or to the date of the next institutional review if the time period is less than 1-3 years.

Institutions shall be required to file Annual Integrated Postsecondary Education Data System (IPEDS) Reports as prescribed by with the Higher Education Commission.

Prior to discontinuing operation or upon dissolution, all institutions shall comply with the requirements of 14 Del.C. §8530

5 DE Reg. 859 (10/1/01)