Missouri Department of Higher Education

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1. Agency and Contact Information

1A1. Agency Name:

1A2. Agency Description - Please review the description below and revise as appropriate (e.g., state executive agency, agency with appointed board, department or division within agency, etc.):

The Missouri Department of Higher Education (MDHE) is the state higher education agency for Missouri. It is directed by the governor-appointed Coordinating Board for Higher Education. The MDHE has approval and licensing authority for certain Missouri-based institutions, including for-profit/proprietary vocational-technical schools, and all non-Missouri institutions of higher education offering instruction in the state.

1A3. Agency Contact - Please review and correct as necessary the contact information below:

Leroy Wade Deputy Commissioner Missouri Department of Higher Education 573-751-1776 leroy.wade@dhe.mo.gov

1A4. Who should institutions contact if they have questions about your agency’s authority, policies, or application process:

For Missouri-based institutions and non-Missouri private institutions, contact Leroy Wade as listed above. For non-Missouri public institutions, contact: Rusty Monhollon Assistant Commissioner for Academic Affiars Missouri Department of Higher Education 573-751-5221 Rusty.monhollon@dhe.mo.gov

1B. Links - Please provide web links to your agency home page, the regulations pertaining to authorization, and any other links important for understanding your agency’s responsibility for authorization:

Link to agency

Link to regulations

1C1. Other Agencies - According to our records, the following agencies also have responsibility for authorization in the state. Please correct, add to, or clarify this list of authorizing authorities as necessary. These agencies will also be requested to complete this survey:

None

2. Types of Educational Providers Authorized

2A1. Institution Types Authorized - Indicate the types of institutions that your agency authorizes. Feel free to provide a short explanation of any ambiguity:

Public, out‐of‐state degree granting institutions

Private, out‐of‐state, not‐for‐profit degree granting institutions

Private, in‐state, for‐profit degree granting institutions

Private, out‐of‐state, for‐profit degree granting institutions

Public, out‐of‐state, non‐degree granting institutions

Non-degree, not‐for-profit institutions

Non-degree, for‐profit institutions

2A2. Clarifying comments:

In-state public institutions are established by statute. Most long-standing non-profit institutions are authorized through a charter or similar action and not through a license or approval issued by the MDHE. Jurisdiction over most categories of non-public institutions is not necessarily directly linked to profit making status but to other attributes of the institution (accreditation, financial aid participation, etc.). There are no tribally-controlled institutions in Missouri.

2B1. Multiple Agencies - Is an institution required to obtain approval from more than one agency to be authorized in your state (excluding purely programmatic approvals):

2C1. Accreditation - Is accreditation required for an institution to be authorized in your state:

Yes

2C2. If yes, please explain:

Non-Missouri public institutions of higher education seeking authorization to offer distance education to Missouri residents must be accredited by a recognized regional body and adhere to the Coordinating Board for Higher Education’s Best Practices for Distance Education guidelines. Non-Missouri, non-public institutions are not required to be accredited.

2C3. If yes, what type of accreditation is required? Please check all that apply:

Regional

2C4. Clarifying comments:

Regional accreditation is only required for non-Missouri public institutions.

2D1. Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both:

Both Institutions and Programs

2E1a. Education:

Yes

2E1b. Name and Contact information, Education:

Department of Elementary and Secondary Education Educator Preparation Section Post Office Box 480 Jefferson City, MO 65102-0480 573-751-0371 Email: eqprep@dese.mo.gov

2E2a. Nursing:

Yes

2E2b. Name and Contact Information:

State Board of Nursing Lori Scheidt Executive Director 3605 Missouri Boulevard P.O. Box 656 Jefferson City, MO 65102-0656 573.751.0681 lori.scheidt@pr.mo.gov

2E4a. Counseling Psychology:

Yes

2E4b. Name and Contact Information:

Committee for Professional Counselors 3605 Missouri Boulevard P.O. Box 1335 Jefferson City, MO 65102-1335 573.751.0018 http://pr.mo.gov/counselors.asp

2E6a. Others (please list):

Yes

2E6b. Name and Contact Information:

State Board of Therapeutic Massage 3605 Missouri Boulevard P.O. Box 1335 Jefferson City, MO 65102-1335 573.522.6277 http://pr.mo.gov/massage.asp State Board of Cosmetology and Barber Examiners 3605 Missouri Boulevard P.O. Box 1062 Jefferson City, MO 65102-1062 573.751.1052 http://pr.mo.gov/cosbar.asp

3. Exemptions

3A1. General Exemptions - Are certain institutions or programs exempt by law or policy from your state authorization requirements:

Yes

3A2. If yes, to which institutions or programs does the exemption apply? How does it work (please describe)? If available, please provide any pertinent web links:

There are twelve categories of exemption established in statute, most of which apply only to institutions based in Missouri. They include all Missouri public institutions, most Missouri non-profit colleges and universities, certain types of religious institutions, institutions offering only avocational programs, most schools that do not charge students for attendance, programs offered by employers for employee training, closed membership organizations (such as labor unions), and schools licensed by another agency. The related statute can be reviewed at http://dhe.mo.gov/documents/MissouriRevisedStatutes.pdf.

3A3. If yes, how does the institution or program claim an exemption? For example, is the exemption automatic as long as it meets specified criteria, does the institution or program notify the agency and the exemption is granted, is there an application process, etc.:

The school must submit an application and be determined by the MDHE to satisfy the specified criteria.

3B. Other Requirements - If an institution or program is exempt from state authorization, are there any other state requirements that an institution would need to fulfill in order to operate in your state (e.g., providing contact information, list of programs, etc.):

Other than general consumer fraud requirements, no.

3C1. Religious Institutions - Does your state constitution or do your state laws provide any exemptions for religious institutions:

Yes

3C2. If yes, are all religious institutions exempt (please describe):

No. Religious schools must be accredited by a regional or religious accrediting agency recognized by USDE or they must restrict their programs to religiously designated certificates and degrees.

3C3. If yes, are religious institutions that award only religious degrees or certificates exempt (please describe):

Yes. See description above.

3C4. If yes, are certain religious institutions exempt that meet other criteria (please describe):

Yes. See description above.

4. Authorization of Distance Education

4A1. Does your agency require purely (100%) distance education programs, including online or correspondence study programs that enroll residents of your state, to be authorized without regard to physical presence:

Yes

4A2. Clarifying Comments:

Out-of-state public institutions are required to affirm in writing that they are accredited by a recognized regional body and will adhere to the Coordinating Board for Higher Education’s Best Practices for Distance Education guidelines in order to serve Missouri residents. For non-public institutions, establishment of a physical presence, as defined by the Department of Higher Education, is necessary before distance education must be authorized.

4B1. If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard:

Yes

5. Physical Presence Policy – Common “Triggers”

5A. If your agency uses a physical presence standard, how does your agency define physical presence? If available, please provide a link to that policy or a citation to the relevant regulation giving that standard:

The definition can be found at http://www.sos.mo.gov/adrules/csr/current/6csr/6c10-5.pdf.

INSTRUCTIONAL ACTIVITIES

5B1a. Hosting short term, face‐to‐face, seminars or conferences in the state where students meet in person:

Yes

5B1b. Clarifying Comments:

Yes but it would likely depending on the nature and scope of the activities.

5B2a. Permitting a student to complete an internship, externship, field experience, or clinical practicum organized by the institution:

Yes

5B2c. Does this apply only to distance education students or more generally:

More Generally

5B3a. Permitting a student to complete an internship, externship, field experience, or clinical practicum found by the student acting independently:

PROPERTY IN THE STATE

5B6a. Housing ONLY computer servers or other equipment at a physical location in the state:

Yes

RECRUITING ACTIVITIES

5B8a. Organized, consistent, on ‐ the ‐ ground recruiting of students in the state by employees or agents of the institution:

Yes

5B8c. What if the agent is only recruiting students in the state on an occasional basis (i.e. at job fairs):

5B8d. Clarifying Comments:

Probably no but depends on the scope and nature of the activities.

THIRD PARTY AGREEMENTS/CONTRACTS

5B9a. Having a contract/agreement between the institution and in‐state institutions or in‐state entities to provide services for students (i.e. library, gym, computer centers, etc.):

Yes

5B9b. Clarifying Comments:

Probably yes but it would depend on the nature and scope of the services provided by the Missouri-based entity.

5B10a. Requiring a student to take a proctored exam at a location or with an entity in the state prescribed by the institution:

5B11a. Requiring a student to take a proctored exam with an entity in the state chosen by the student but approved by the institution:

ADVERTISING

5B12a. Advertising in local media sources that are largely viewed by residents of the state :

5B13a. Advertising in national media sources that can be accessed by residents of the state:

EMPLOYMENT IN THE STATE

5B14a. Employing full‐time faculty in the state to provide instruction via distance education programs to students in the state:

5B14b. Clarifying Comments:

Generally no, as long as the contact with the faculty person occurs through non-Missouri addresses and institutional contacts.

5B14c. What about adjunct faculty:

5B14d. Clarifying Comments:

Same as above.

5B15a. Employing full‐time faculty in the state to provide instruction via distance education programs solely to students outside of the state:

5B15b. Clarifying Comments:

Same as above.

5B15c. What about adjunct faculty:

5B15d. Clarifying Comments?:

Same as above.

5B16a. Employing mentors, tutors, or preceptors in the state to aid students, who are residents of the state, on an individual basis:

OTHER

5C1. Combinations - Of the activities or conditions listed above that alone would not constitute a physical presence, are there any that, if combined, would create a physical presence:

6. Application Process

6A. Description – Please provide a short description of the application process to obtain state authorization. If available, please provide web links to the specific references to all applicable state laws, regulations, manuals, forms, or other pertinent documents:

An applicant requests an initial application to operate from the Proprietary School Certification division of the MDHE. Once a completed application, including all exhibits, is submitted, the department conducts a review of those materials to assess compliance with certification standards. The school will receive the results of that review in writing and is provided time to address any deficiencies and to provide additional information relating to areas of confusion or concern. Once the application has been approved, the applicant school must post a security deposit (typically, a surety bond) and pay the certification fee. When all three of these items are complete, the MDHE issues a certificate of approval to operate, which includes an inventory of approved programs. http://www.dhe.mo.gov/psc/initialcertification.php "The complete application for certification to operate a school in Missouri is not available online. In order to receive a complete application for certification to operate, you must contact the MDHE and request the necessary materials. You may submit your application request via telephone or by submitting an application request form." "It is important to note that the review process takes a minimum of 120 days after the application reaches the MDHE." While some credit is given to recognized accreditation and approval in the school’s home state, all proposals are required to follow the full application process. For out-of-state public institutions seeking state authorization to offer distance education, they must affirm in writing that they are accredited by a recognized regional body and will adhere to the Coordinating Board for Higher Education’s Best Practices for Distance Education guidelines.

6B. Processing Time – Generally, how long does it take to approve applications (assuming that the agency has received all required information from the institution)? Please provide a typical range if appropriate:

Our standard response is that the school should allow at least 120 days for the review to be completed. Depending on workload, that time frame may expand or contract.

6C. Duration – What is the authorization duration:

One year. The first authorization is for the remainder of the current certification year (July 1 through June 30). For institutions that have been continuously certified to operate for a minimum of five years and that meet other criteria established by the department, a two-year certification is available.

6D. Maintenance – What does an institution need to do to maintain authorization:

Remain in compliance with all operating standards, submit an acceptable renewal application by the deadline, confirm continued coverage by an adequate security deposit, and pay the annual fee.

6E. Reporting – What kinds of information or data must an institution report to your agency as a condition for continued authorization? How frequently is this reported or updated? Is this information published or shared publicly:

The following list is reported annually as part of the renewal application. Programs offered, personnel numbers, student financial aid awarded, total enrollment, completions and employment. In addition, all schools certified to operate by the MDHE must report student level data pertaining to enrollment in and exit from the institution. This includes student demographics, educational background, program information, and completion/exit information. The MDHE produces an annual report of statistical information about school’s it certifies to operate and the students enrolled at those schools. The 2008 version of that report is available at http://dhe.mo.gov/data/propstatsum.php.

6F. Loss of Status – Can an institution lose its authorized status? If so, how?:

Yes, by violation of certification standards.

6Ga. Multi-Institutional Systems – Can a multi-institutional system or college corporation apply to your agency for authorization on behalf of all of its component institutions? If so, please describe the process:

6Gb. Would multi-institution public systems be treated the same as multi-location for-profit institutions:

No. Missouri statutes establish a different process and different standards for non-Missouri public institutions offering instruction in the state.

6I1. Amendments – Is your agency currently planning to amend its application process by the end of 2013:

7. Fees Associated with Authorization

7A. Application Fee - Is there an application fee to initiate the authorization process? If so, what is the fee or fee schedule? Please provide a web link if available:

Yes. Non-public schools must submit a $200 application fee with the initial application. This does not apply to renewal certification. If the application is approved, the application fee is applied to the initial certification fee of $500 for the remainder of the current certification year. Fees may also be charged of non-Missouri public instittuions. Contact the department for this fee information.

7B. Other Costs - Are there any other costs associated with the state authorization process (e.g. site visits, hiring a reviewer, surety bond, tuition recovery fund, agent licensing, etc.):

Schools must post a security deposit in order to receive approval to operate under 173.600. The deposit requirement may be met by a surety bond, cash bond, or letter of credit. All of those instruments must use department provided forms and requirements. The statutory reference for this requirement is 173.612. An excerpt relating to the amount of the deposit is copied below. “The bond or other security shall cover all the facilities and locations of a proprietary school and shall not be less than five thousand dollars or ten percent of the preceding year's gross tuition, whichever is greater, but in no case shall it exceed one hundred thousand dollars. The bond shall clearly state that the school and the agents of the school are covered by it.” These provisions do not apply to non-Missouri public institutions, as they are not required to post a security deposit.

7C. Renewal Costs - What are the costs, if any, to renew authorization:

“The annual fee for a proprietary school certificate of approval shall be $.0013 per one dollar of net tuition and fees income (excluding refunds, books, tools and supplies), with a maximum of five thousand dollars and a minimum of five hundred dollars per school. For a school having a certificate of approval for the sole purpose of recruiting students in Missouri, the net tuition used for this computation shall be only that paid to the school by students recruited from Missouri and the fee shall be five hundred dollars plus the amount produced by the foundation calculation, with a maximum of five thousan dollars.”

7D. Exemption Costs - What costs are associated with receiving a waiver or exemption to authorization:

$50 for an exemption.

8. Interstate Reciprocity

8A. Do your state regulations explicitly allow or prohibit interstate reciprocal agreements about authorization? If so, please describe:

No.

8D. If interstate reciprocal agreements are not addressed in your regulations, would your agency consider establishing such agreements? Please elaborate:

Yes.

9. Consumer Protection and Student Complaints

9A1. Does your agency have a process for handling complaints about postsecondary institutions or programs::

Yes

9A2. If yes, please describe the process or provide a web link to the material that describes the complaint process:

http://www.dhe.mo.gov/documents/POLICYONCOMPLAINTRESOLUTION-reviseddraft...

10. Enforcement

10A. If your agency finds that an institution or program is operating in your state without authorization, what is the resulting warning or enforcement action:

Upon discovering a school that is not complying with the certification requirement, we contact the school to inform them of the requirements and encourage them to contact us to discuss future steps. If the school does not respond and continues to violate statutes, the case would be referred to the Office of the Attorney General for action.

10B. Can an institution or program appeal a warning or enforcement action? If yes, please describe the process or provide web links to the regulations/policies:

There is no formal appeal for a warning. Schools can appeal actions by the MDHE to suspend or revoke a certificate of approval to the Administrative Hearing Commission.

11. Legislative or Regulatory Changes

11A1. Amendments - Is your agency or state legislature currently planning to amend its regulations or alter its physical presence policy:

11B1. Federal Regulations - Is your agency or state legislature making changes in your state regulations or statutes so that institutions with locations in your state would be considered legally authorized in accordance with the federal institutional eligibility regulations:

11C2. If yes, please provide a brief description of the anticipated change:

Legislation is pending (with passage expected) that would give the MDHE the authority to charge fees to out-of-state public institutions seeking authorization for distance education. Also, the current fee structure for proprietary institutions will be modified.

11C3. If yes, when does the agency expect the change to be fully implemented:

The rule making process and full implementation will take at least six months from the time the law goes into effect.

11C1. Other Changes - Is your agency or state legislature making any other changes in your state regulations or statutes with regard to state authorization:

Yes

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