Section 1030.80 Maintenance of Authorization to Operate and/or Grant Certificates and Degrees under the 1961 Act

Section 1030

Section 1030.80  Maintenance

of Authorization to Operate and/or Grant Certificates and Degrees under the

1961 Act

a)         Most institutions are approved to operate under both the 1945

Act and the 1961 Act. Institutions under only the 1945 Act shall comply with

Section 1030.70. Institutions under only the 1961 Act shall comply with Section

1030.80. Institutions under both Acts shall comply with both Sections 1030.70

and 1030.80. When the two Sections are identical, the institution will be

considered in compliance with the 1945 Act by complying with Section 1030.80

and vice versa.

b)         This subsection (b) governs the Maintenance of  the Authorization

to Operate and/or Award Specific Certificates and Degrees procedure under the

1961 Act.

1)         Annual Report

Each

authorized institution shall file annually with the Board its current catalogs.

In addition, institutions must comply with any data requests to satisfy Board

reporting requirements.

2)         Reviews

The staff of

the Board may conduct reviews and/or visitations of authorized institutions

and/or their certificate and degree programs as necessary for the

implementation of the statute. This may include a review in the fifth year of a

new program's existence.  Board staff may review the program, in cooperation

with institutional staff, to verify the institution's implementation and

maintenance of the conditions that were presented in its applications and that

formed the basis upon which the authorizations were granted. The fifth year

review may also include information on improvements in the institution's

capacity to efficiently and effectively deliver certificate and degree programs

using technological innovation and comprehensive data systems. Evidence that

the program meets standards enumerated in Section 1030.30(a) may be reviewed

ons and that

formed the basis upon which the authorizations were granted. The fifth year

review may also include information on improvements in the institution's

capacity to efficiently and effectively deliver certificate and degree programs

using technological innovation and comprehensive data systems. Evidence that

the program meets standards enumerated in Section 1030.30(a) may be reviewed.  In

the case of a program in which State licensure is required for employment in

the field, a program can be found to be in good standing if the institution is

able to provide evidence that program graduates are eligible to take the appropriate

licensure examination and pass rates are maintained as specified in the

objectives of the unit of instruction.  If there is no such evidence, approval

of the program may be withdrawn by the Board.

3)         Complaints Concerning Institutional Degree Practices

The staff of

the Board may initiate an investigation in response to written or oral

information suggesting that changes have occurred in the conditions under which

Authorization to Operate and/or Award Specific Certificates and Degrees was

given.  During the investigation, there may be a temporary hold placed on the

institution's applications to the Board for new program approvals and other

programs.  The hold will be for a specified period of time not to exceed six

months, unless the Board begins the process for revocation as provided in subsection

ch

Authorization to Operate and/or Award Specific Certificates and Degrees was

given.  During the investigation, there may be a temporary hold placed on the

institution's applications to the Board for new program approvals and other

programs.  The hold will be for a specified period of time not to exceed six

months, unless the Board begins the process for revocation as provided in subsection

(b)(5), at which time the hold will continue until the Board decision is made.

4)         Temporary

Suspension of Program

An institution

may place any approved program on temporary suspension after receiving Board

approval.  The institution shall provide an annual status report to the Board

on any program under temporary suspension status. The Board will consider a

program placed on temporary suspension status to be terminated if an annual

status report is not received or if no reinstatement request is received within

the first five years after the program was placed on temporary suspension.  An

institution may petition for reinstatement during the five-year period.

5)         Revocation or Relinquishment of Operating and/or

Degree-Granting Authority

A)        Grounds for revocation include:

i)          Failure to permit any duly authorized representative of the

Board to enter upon the premises of the institution and to inspect or otherwise

examine the institution and its books, papers or other records.

ii)         Failure to maintain the conditions under which the

institution and/or its certificates and/or its degrees were authorized.

iii)        Failure to maintain the institution's implementation and

maintenance of the conditions that were presented during its fifth year review

and that formed the basis upon which the authorizations were continued.

iv)        Failure to offer degrees or instruction for one continuous

12-month period.

v)         Abandonment of the institution.

vi)        Loss

of accreditation status with an accrediting body with which the institution is

or was affiliated

d

maintenance of the conditions that were presented during its fifth year review

and that formed the basis upon which the authorizations were continued.

iv)        Failure to offer degrees or instruction for one continuous

12-month period.

v)         Abandonment of the institution.

vi)        Loss

of accreditation status with an accrediting body with which the institution is

or was affiliated.

vii)       Actions of federal

or state regulatory agencies or

Offices of Attorneys General, Offices of Inspectors General, or similar bodies

that affect an institution's status with those bodies.

B)        Procedures for Revocation

i)          Following the Board staff investigation of the institutional

degree practices, the staff may recommend to the Board revocation of the

Authorization to Operate and/or Award Specific Certificates and Degrees.

ii)         If the Board votes to revoke the Authorization to Operate

and/or Award Specific Certificates and Degrees, the institution may request a

hearing.  The Board shall not be required to schedule a hearing and has the

option to waive a hearing if the institution has not operated for one

continuous 12-month period or the institution has been abandoned; even in these

cases, however, the Board shall be required to revoke the authority at a public

hearing at which any opponent who is injured or impacted by the revocation must

be given the opportunity to be heard.

iii)        The Board shall designate a Hearing Officer who shall

schedule and conduct a hearing.

iv)        The Hearing Officer shall make a written report of findings

and recommendation to the Board, which shall make a final determination and

shall notify the institution of its decision.

v)         Following a Board decision to revoke the Authorization to

Operate and/or Award Specific Certificates and Degrees, the letter of authorization

shall be rendered invalid.

vi)        At any time after revocation, the Board may restore an Authority

to Operate and/or Award Specific Certificates and Degrees

shall make a final determination and

shall notify the institution of its decision.

v)         Following a Board decision to revoke the Authorization to

Operate and/or Award Specific Certificates and Degrees, the letter of authorization

shall be rendered invalid.

vi)        At any time after revocation, the Board may restore an Authority

to Operate and/or Award Specific Certificates and Degrees.

vii)       A closed institution shall arrange for its student records to

be maintained in a safe and suitable place as determined by the Board (such as another

like kind of institution or the Board).

6)         Institutional

or Unit Closure and Teach Out

An institution that is closing

entirely or one or more units, either voluntarily or involuntarily, shall send

to the Board the following:

A)        Notice

Required

i)          Notice

to the Board of the closure immediately by email or certified mail;

ii)         The

name, address and telephone number of the person who will be responsible for

closure processes;

iii)        A

list of students affected and anticipated decisions regarding teach out for

each student (e.g., graduation, transfer, remain at institution, and

participate in teach out, etc.);

iv)        Information

on the remaining credit and other requirements outstanding for each student to

complete the program;

v)         Copies

of the student-directed communication plan that includes the proposed timeline

and methods for notifying students of teach-out options. Plans must include

communication with any students who may be on approved leaves of absence or

otherwise difficult to reach;

vi)        Copies

of the communication plans for informing faculty, staff and other institutional

constituents;

vii)       Identification

of an individual who will be empowered to act as official registrar, if needed,

after the closure; and

viii)      Submission

of a letter of permission to the Board to access all institutional properties

in order to secure student records, if necessary

ach;

vi)        Copies

of the communication plans for informing faculty, staff and other institutional

constituents;

vii)       Identification

of an individual who will be empowered to act as official registrar, if needed,

after the closure; and

viii)      Submission

of a letter of permission to the Board to access all institutional properties

in order to secure student records, if necessary.

B)        Teach-Out

Plan

i)          After

December 31, 2017, when a Board approved institution proposes to discontinue

its operation, that institution shall cause to be created a teach-out plan

acceptable to the Board.  The teach-out plan shall fulfill the institution's educational

obligations to its students. Should the institution fail to deliver or act on

the teach out plan, the Board is in no way responsible for providing the

teach-out.

ii)         An

institution shall have written plans designed to protect the contractual rights

of its students and graduates in the event the institution closes or undergoes

a change of status (e.g., if the institution changes location or if its

authority is revoked), including the right to complete the course of

instruction in which the students or graduates enrolled.

iii)        If

students are receiving instruction prior to the institution's closing, the

institution shall file a plan to ensure that the institution's students will

continue to receive training of the same quality and content as that for which

they contracted.

C)        Arrangements

for transferring students to a public or another approved institution shall be

filed with the Board prior to any student transfer.  Prior to approving the

institution's arrangements for completing its teaching obligations to students,

the Board shall verify that students transferring will receive the same kind of

program and instructional services as those for which they contracted

rangements

for transferring students to a public or another approved institution shall be

filed with the Board prior to any student transfer.  Prior to approving the

institution's arrangements for completing its teaching obligations to students,

the Board shall verify that students transferring will receive the same kind of

program and instructional services as those for which they contracted.

D)        Academic

Records

In the event an institution

proposes to discontinue its operations, the chief administrative officer of the

institution shall arrange for all original or legible true copies of all such

academic records of the institution to be maintained in a safe and suitable

place as determined by the Board (such as a third party provider, a like

institution, or the Board).

i)          These

records shall include, at a minimum, the academic records of each former

student that are traditionally provided on an academic transcript, such as, but

not limited to, courses taken, terms, grades and other such information.

ii)         The

institution shall make students aware of how to obtain transcripts from either

the closed institution and/or new institution permanently retaining the

records.

iii)        The

institution must release any holds on student records before operation is discontinued

and the records are transferred