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SECTION I, PART J DEGREE AUTHORIZATION ACT: POLICY PERTAINING TO AUTHORIZATION TO OPERATE AS A POSTSECONDARY INSTITUTION OF HIGHER EDUCATION IN COLORADO 1.00 Introduction The Colorado Commission on Higher Education (Commission) has statutory responsibility for the administration of Title 23, Article 2 of the Colorado Revised Statutes, (amended 2012), which authorizes certain types of institutions to offer degrees or degree credits: (1) accredited private, degree-granting colleges and universities; (2) postsecondary seminaries and religious training institutions; and (3) out-of-state, public institutions with a Colorado presence. Persons or organizations which violate the provisions of the statute are subject to legal penalties. The Colorado Department of Higher Education (Department) shall administer the statute by seeking information from any entity offering degrees or degree credits to determine the authority of an institution to operate in Colorado under this statute. Criteria are established for each institutional type to offer degrees or credits leading toward a degree. No private college or university, out-of-state public college or university, or religious training institution or seminary shall operate within the state until authorized by the Commission to do so. 2.00 Statutory Authority The Commission’s policy for private colleges or universities, seminaries, or religious training institutions is based on Title 23, Article 2, which states in part: The general assembly declares that this article is enacted for the general improvement of the educational programs available to the residents of the State of Colorado; to establish high standards for the education of such residents; to prevent misrepresentation, fraud, and collusion in offering such educational programs to the public; to eliminate those practices relative to such programs which are incompatible with the public interest; and to protect, preserve, foster, and encourage the educational programs offered by private educational institutions which meet generally recognized criteria of quality and effectiveness as determined through voluntary accreditation. (C.R.S. §23-2-101). 3.00 Definitions 3.01 “Accrediting agency or accrediting body” means a regional, national, or specialized accrediting body that is recognized by the U.S. Department of Education and awards institutional accreditation. Specialized accreditation is only recognized by the state when an accreditable specialized program is offered in a freestanding institution offering programs in that specific discipline exclusively and the accrediting body has the authority to accredit both the institution and the program. Specialized accreditation normally applies to the evaluation of programs, departments, or schools which usually are parts of a total collegiate or CCHE Policy I, J I-J-1 June 7, 2013 other postsecondary institution. The unit accredited may be as large as a college or school within a university or as small as a curriculum within a discipline. Most of the specialized accrediting agencies review units within a postsecondary institution which is accredited by one of the regional accrediting commissions. However, certain of the specialized accrediting agencies accredit professional schools and other specialized or vocational or other postsecondary institutions which are free-standing in their operations. Thus, a "specialized" or "programmatic" accrediting agency may also function in the capacity of an "institutional" accrediting agency. In addition, a number of specialized accrediting agencies accredit educational programs within non-educational settings, such as hospitals. 3.02 “Adverse action” means an official action by a U.S. Department of Education recognized accrediting body that results in “Show cause” or “probation” or equivalent. 3.03 “Alternate enrollment” means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student’s educational objectives through education provided by another authorized private college or university, a community college, an area vocational school, or any other educational arrangement acceptable to the department and the commission. 3.04 “Authorization” means the authorization granted to a private college or university or seminary or religious training institution by the commission as provided in this article and the policies adopted pursuant to this article. Authorization is not an endorsement of the institution by either the commission or the department. 3.04.01 Authorization types: a. Full Authorization An institution which is institutionally accredited by a U.S. Department of Education recognized accrediting agency with an on-site review of its Colorado location(s); or b. Provisional Authorization Institutions, new or new to Colorado, which have been evaluated by Department staff under CCHE procedures and authorized by the Commission to enroll students, offer instruction, graduates students, and award degrees under the condition that the institution is continuously seeking and is making satisfactory progress toward accreditation; or c. Probationary Authorization An institution with an adverse action by its accrediting agency and/or by another governmental agency, or whose accrediting agency loses its U.S. Department of Education recognition, or is CCHE Policy I, J I-J-2 June 7, 2013 otherwise found to be out of compliance with this policy may be recommended for probation by the Department, and, if imposed by the Commission, shall remain on probation until such time the adverse action is lifted by the accrediting body or a governmental agency, or until the institution achieves accreditation by a U.S. Department of Education recognized accrediting agency, verified by the Department, and acted on by the Commission; such action to include extending probation, modifying probation, revoking authorization, or other action as it deems necessary; or d. Religious Authorization A bona fide religious postsecondary educational institution, offering only programs which are religious in nature, which is exempt from property taxation under the laws of this state and whose degrees or diplomas have no state recognition; or e. Authorization for a Place of Business (with no instruction) If an institution has a place of business within Colorado but offers no instruction in the state, the institution must receive a formal exemption by the Commission and must annually renew, from the effective date of the previous exemption. The institution shall be subject to the deceptive trade practices provision as found in §232-104, C.R.S. Such an institution may be exempted from administrative procedures regarding accreditation and financial integrity. Closed or Defunct means institutions that either have voluntarily closed, have been de-authorized by the state, or otherwise cease to exist. 3.05 “Commission” means the Colorado Commission on Higher Education created pursuant to section Title 23, Article 1 of the Colorado Revised Statutes 3.06 “Degree” means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training. 3.07 “Degree File” includes all students who have received a certificate, degree, or formal award approved by the Department during the report year. Degrees earned but not conferred during the report period should be included in the following year’s report. The file is collected annually for federal and state reporting. A summer degree file is collected for use in graduation rate calculations, but these records are reported again in the full year file. 3.08 “Department” means the Colorado Department of Higher Education created and existing pursuant to section 24-1-114, C.R.S. CCHE Policy I, J I-J-3 June 7, 2013 3.09 “Educator Preparation File” means data relating to the cooperative agreement between the Department and the institutions of higher education that offers an educator preparation program, pursuant to Colorado Revised Statute §23-1121(4)(c). This data includes teacher, principal, administrator, and special education endorsement area programs, as well as any endorsement listed in the Field Definitions in the SURDS database. 3.10 “Enrollment agreement” means the contract prepared by a private college or university or seminary or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the institution’s student handbook or catalog. This definition also applies to electronic enrollment agreements. 3.11 “Enrollment File” includes all students enrolled in courses awarding credit toward a degree or other formal award. Also, report students enrolled in courses that are part of a vocational or occupational program, including those enrolled in off campus centers, as well as high school students taking college-level courses for credit. The population reported is not limited to students whose credit hours are included in official FTE reports. The file is collected every semester from each public postsecondary education institution participating in SURDS. 3.12 “Financial Aid File” The primary purpose of this file is to collect the most complete data possible about student aid awards for a fiscal year. Include all students who are enrolled with a FAFSA on file and applied for or received aid according to the criteria below: Applied - All financial aid applicants who were enrolled and submitted a FAFSA and/or received aid reported on SURDS. This would include applicants who were never offered aid. Received - Students who were accepted for enrollment and who received any of the following funds:     any need-based aid; any non-need based aid, including no-need work-study, state, or institutional and private merit awards; loans; any other form of aid included on the financial aid file, and any aid that came through the financial aid office. Note: recipients may not have applied for financial aid. All students who submit an application for student aid maintained on the institution’s financial aid files, or who receive financial support from the institution and who are accepted for enrollment for one or more specific periods, if they enrolled are to be included. Student aid includes all need-based aid, non-need based aid, merit awards, loans, and any other forms of aid included in the Financial Aid File Data Dictionary. All CCHE Policy I, J I-J-4 June 7, 2013 students who received any form of aid that came through the financial aid office are to be included, whether or not the applicant applied for need-based aid. Specifically, all recipients of merit-based state funds must be included (e.g., undergraduate merit, no-need work study, etc.), as well as students who receive awards from outside the institution if the financial aid office has knowledge of the award. 3.13 3.14 3.15 “Governing board” means the elected or appointed group of persons that oversees and controls a private college or university or a seminary or religious training institution. “Out-of-state public institution” means an institution of higher education that is established by statute in a state other than Colorado. “Owner” means: a. An individual, if a private, for-profit college or university is structured as a sole proprietorship; b. Partners, if a private, for-profit college or university is structured as a partnership; c. Members in a limited liability company, if a private, for-profit college or university is structured as a limited liability company; or d. Shareholders in a corporation that hold a controlling interest, if a private, forprofit college or university is structured as a corporation. 3.16 “Physical presence” a. Establishing a physical location in a state for students to receive synchronous or asynchronous instruction; or b. Requiring students to physically meet in a location in the state for instructional purposes as required for the course; or c. Establishing an administrative office in the state, including: 1. Maintaining an administrative office in the state for purposes of providing information to prospective students or the general public about the institution, enrolling students, or providing services to enrolled students; 2. Providing office space to instructional or non-instructional staff; or 3. Establishing an institutional address or phone number in the state. Physical presence is not triggered, solely, by any of the following: a. Courses offered at a distance that do not require the physical meeting of a student with instructional staff in another state; CCHE Policy I, J I-J-5 June 7, 2013 b. Consortial/cooperative offerings between accredited institutions with intentional cooperative agreements; c. Advertising to students within a state, whether through print, billboard, direct mail, internet, radio, television, or other medium. However, an institution that is seeking authorization to operate in Colorado shall not market or advertise prospective Colorado-based programs in- or outside-of Colorado until and unless the Commission grants authorization; e. An educational experience arranged for an individual student, such as a clinical, practicum, residency, or internship; f. An educational field trip arranged for a group of students that are normally in residence at an institution in another state; g. An accredited, out-of-state institution offering “in-house” courses, programs, and training exclusively and specifically for a private company or group is not required to seek authorization, but to avoid any regulatory misunderstanding should notify the Department of its activity; h. Course offerings by an accredited institution on a U.S. military installation, limited to military personnel and their dependents; i. Operation of a server, router or similar electronic service device when such a device is not housed in a facility that otherwise would constitute a physical presence; the presence of a server or similar pass-through switching device in a state does not by itself constitute the offering of a course or program from the state; j. Having faculty, adjunct faculty, mentors, tutors, recruiters, or other academic administrative personnel residing in the state. The presence of instructional faculty in the state, when those faculty offer entirely online or other distanceeducation instruction and never meet their students in person for educational purposes while in the state, does not establish a presence of the institution in the state; or k. Requiring a student to take a proctored exam at a location or with an entity in the state prescribed by the institution. 3.17 “Private college or university” means a postsecondary educational institution doing business or maintaining a place of business in the state of Colorado, which enrolls the majority of its students in a baccalaureate or postgraduate degree program. For the purposes of determining eligibility for participation as a Degree Authorization Act institution pursuant to this section, institutions offering certificates comprised of credit-bearing courses at the upper division baccalaureate or at the graduate level will be considered as a private college or university. 3.18 “Private nonprofit college or university” means a private college or university that maintains tax-exempt status pursuant to 26 U.S.C. sec. 501 (c) (3). 3.19 “Private occupational school” means an institution authorized by the private occupational school division under the provisions of article 59 of title 12, C.R.S., and that enrolls the majority of students at the certificate or associate level and is CCHE Policy I, J I-J-6 June 7, 2013 regulated by the Division of Private Occupational Schools pursuant to article 59 of title 12, C.R.S. 3.20 4.00 “Seminary or religious training institution” means a bona fide religious postsecondary educational institution that is operating or maintaining a place of business in the state of Colorado, that is exempt from property taxation under the laws of this state, and that offers baccalaureate, master’s, or doctoral degrees or diplomas, the content of which, are limited to the principles of the church or denomination with which it is affiliated. These institutions are not required to hold institutional accreditation but are not prohibited from seeking accreditation. Seminaries and religious training institutions are prohibited from offering or awarding degrees: in any area of physical science or medicine; appropriate only for academic institutions, such as but not limited to, Bachelor of Arts or Bachelor of Science, Master of Arts or Master of Science, Doctor of Philosophy or other degrees typically offered by academic institutions, regardless of curriculum or course content, unless the degree title includes the religious field of study (e.g. Bachelor of Arts in Religious Studies); or degrees associated with specific professional fields or endeavors not clearly and directly related to religious studies or occupations. Any seminary or religious training institution that offers instruction outside of this area must apply for authorization and must hold institutional accreditation from a U.S. Department of Education recognized regional or national accrediting body. Responsibilities of the Private Colleges and Universities, Seminaries or Religious training institutions 4.01 Private colleges or universities, seminaries or religious training institutions are required to: 4.01.02 Seek and maintain authorization from the Commission to operate in Colorado pursuant to §23-2-101 et seq., C.R.S. In order to maintain authorization, an institution must: a. b. Provide information and respond to inquiries by the Department and Commission; and c. Notify the Department of all changes regarding campus locations and accreditation status of the institution and substantive/material changes regarding operations and programs; d. CCHE Policy I, J Seek and maintain institutional accreditation by an accrediting body recognized by the U.S. Department of Education (private colleges and universities only); Demonstrate financial integrity on an annual basis, pursuant to §23-2-103.8, C.R.S., (private colleges and universities only); I-J-7 June 7, 2013 e. Annually submit the Enrollment File and Degree File and, if applicable, the Financial Aid File and Educator Preparation File, as described in §23-1-121, C.R.S., pursuant to §23-2-103.1, C.R.S.; f. Annually provide a true and complete copy of the institution’s current enrollment agreement; g. Shall not make or cause to be made any oral, written, or visual statement or representation that violates section §23-2-104 CRS; h. Shall provide bona fide instruction, in accordance with the standards and criteria set by the institution’s accrediting body or in accordance with the requirements set forth for seminaries and religious training institutions; i. If the ownership of the institution changes, the institution shall provide to the Department, within thirty (30) days after the change, any material information concerning the transaction that is requested by the Department; j. If a private college or university or seminary or religious training institution violates any of the requirements set forth in this section, the Department may recommend to the Commission that the institution’s authorization be placed on probationary status or revoked; and k. Provide timely submission of fees, pursuant to §23-2-104.5, C.R.S. 4.01.03 Private colleges or universities and seminaries or religious training institutions authorized in Colorado must provide information regarding their authorization type and status to prospective and enrolled students. This information must be reasonably accessible and, minimally, must be found in each institution’s official catalog and, as appropriate, enrollment agreement. An authorized institution may not use the Commission or the Department as a perceived endorsement. An authorized institution may not state that it is “accredited” by the Commission or Department. Noncompliance with this section may be treated as an instance of deceptive trade practice in accordance with §23.2.104, C.R.S. 4.01.04 Private colleges and universities that enroll the majority of students at the baccalaureate or higher level are required to seek authorization to operate in Colorado and maintain authorization through criteria and requirements specified throughout this policy and pursuant to §23-2-101, et seq., C.R.S. 4.01.05 Private colleges and universities that enroll the majority of students at the certificate or associate degree level and are occupational in nature shall be regulated by the Division of Private Occupational CCHE Policy I, J I-J-8 June 7, 2013 Schools and the Private Occupational Schools Board pursuant to Article 59 of Title 12, C.R.S. 4.02 Joint Authorization Under special circumstances, institutions otherwise authorized by the Division of Private Occupational Schools (DPOS) that elect to offer baccalaureate degrees, and have received authority to do so by an approved accrediting body, may hold joint authorization between the DPOS and the CCHE. In these circumstances, the Division of Private Occupational Schools will remain the primary authorizing body; the Colorado Commission on Higher Education will authorize the baccalaureate and higher degrees. 4.02.01 4.02.03 If it is found that the institution no longer meets the definition of a private college or university, as defined by Article 59 of Title 12, C.R.S., the institution will have sixty (60) days to file an application to operate under the Private Occupational Schools Board. During the transition, and until the Private Occupational Schools Board takes action on the institution’s application, the institution shall remain authorized by the Commission. Fees assessed during this process will be assessed on a case by case basis. The assessment of fees will consider fees that have been assessed by the current authorizing division. 4.02.04 5.00 Pursuant to §23-2-101, et seq., C.R.S. if as a result of changes in student enrollment, a private college or university at times meets the definition of a private college or university and should therefore be under the Colorado Commission on Higher Education and the Department of Higher Education, and at other times meets the definition of a private occupational school, therefore should be regulated by the Division of Private Occupational Schools and the Private Occupational Schools Board, the private college or university is subject to regulation by the entity that is appropriate as of July 1, 2012. If the private college or university is authorized as of said date, the institution shall be regulated by the same entity for the following three years. Failure to apply for approval through the Division of Private Occupational Schools within sixty (60) days will subject the institution to the powers and authorities of the Division or Board pursuant to §12-59-101, et seq., C.R.S., and, as necessary, their procedures for closure. Responsibilities of the Commission and the Department 5.01 The Commission shall: 5.01.01 CCHE Policy I, J Establish procedures for the Department to make recommendations to the Commission. I-J-9 June 7, 2013 5.01.02 5.01.03 Establish the types and amounts of fees that a college or university, seminary or religious training institution shall be assessed as required in §23-2-104.5, C.R.S.; and 5.01.04 5.02 Grant or deny authorizations, renew authorizations, place institutions on probation, and revoke authorizations pursuant to §23-2-103.3, C.R.S., and §23-2-103.4, C.R.S.; Establish policies requiring private colleges, universities and seminaries, religious training institutions to submit to the department, upon request, the Enrollment File and Degree File and, if applicable, the Financial Aid File and Educator Preparation File as described in §23-1-121, C.R.S. The Department shall: 5.02.01 5.02.02 Maintain a list of the private colleges and universities and seminaries and religious training institutions that have authorizations on file with the Department; 5.02.03 Respond to requests from institutions and students and provide a timely review of information; 5.02.04 Establish and maintain a process in accordance with §23-2-104, C.R.S. and Commission policy I, T, concerning Student Complaints and Appeals; for review and action as appropriate on said complaints or appeal, providing the complaint is based on a claim of deceptive trade practice; 5.02.05 Receive and maintain academic records, pursuant to §23-2-103.5, C.R.S., and as described in section 23.01 of this policy. The Department shall permanently retain any student transcripts received; 5.02.06 Maintain the privacy protection of student level data submitted to the SURDS database. (See the privacy statement section). 5.02.07 5.03 Recommend that the Commission grant, deny, revoke, place on probation, or renew an authorization to operate a private college or university or seminary or religious training institution; Administer a fee invoice to the institutions on an annual basis, Pursuant to §23-2-102.5(1)(b) CRS, on or about June 4, 2015, the Department shall review the status of the private college or university to determine whether the institution should be subject to regulation by the Department and the Commission or by the Division of Private Occupational Schools and the Private Occupational School Board. 5.03.01 On or about June 4, 2015, the Department shall: CCHE Policy I, J I-J-10 June 7, 2013 a. Compile the enrollment and program data provided by the institutions b. Review the data to ensure compliance pursuant to Article 2 of Title 23. i. If the data show the institution to be in compliance with this policy, no action is necessary on the part of the institution. ii. If the majority of students enrolled in an institution do not meet the minimum requirements under this policy, Department staff will recommend revocation of authorization under the Commission and will provide the institution with an application for operation under the Division of Private Occupational Schools. iii. If an institution does not apply for approval through the Division of Private Occupational Schools within the sixty (60) day timeframe, a recommendation for revocation of authorization will be made to the Commission. iv. The Commission and Department are not authorized to regulate the operations of, including but not limited to the content of courses provided by, a private college or university or seminary or religious training institution except to the extent expressly set forth in this policy. 6.00 Privacy Statement The Executive Director and an employee of the Department shall not divulge or make known in any way data for individual students or personnel, except in accordance with judicial order or as otherwise provided by law. A person who violates this paragraph commits a Class 1 misdemeanor and shall be punished as provided in §18-1.3-501 CRS and shall be removed or dismissed from public service on the grounds of malfeasance in office. 7.00 Interstate Reciprocity The Commission may negotiate and enter into interstate reciprocity agreements with others states if, in the judgment of the Commission, the agreements do not obligate a private college or university or seminary or religious training institution to comply with standards or requirements that exceed the standards and requirements specified in this policy and the agreements will assist in accomplishing the purposes of this policy, unless the institution voluntarily decides to do so. 8.00 Seminaries and Religious Training Institutions CCHE Policy I, J I-J-11 June 7, 2013 8.01 8.02 9.00 To operate in Colorado, a seminary or religious training institution shall apply for and receive authorization from the Department and establish that it qualifies as a bona fide religious institution and as an institution of postsecondary education, as defined by rules promulgated by the Commission. A bona fide religious institution and an institution of postsecondary education that applies for authorization pursuant to §23-2-103.3 shall pay the fee established according to §23-2-104.5. Nothing in this section shall preclude a seminary or religious training institution from seeking accreditation. A seminary or religious training institution shall apply for renewal of authorization every three years to ensure compliance for those institutions authorized under the Authorization as a Seminary or Religious Training Institution. Process for Seeking Authorization as a Seminary or Religious Training Institution 9.01 Criteria to Qualify 9.01.01 The statute recognizes only a “bona fide religious postsecondary educational institution” which is “exempt from property taxation under the laws of this state.” Institutions of this type may only offer programs appropriate to a religious institution. 9.01.02 To qualify as a “bona fide religious postsecondary institution,” the seminary or religious training institution must meet each of the following criteria: A. B. Limit the educational programs to the principles of the church or denomination with which it is affiliated and grant degrees or diplomas only in areas of study that contain on their face, in the written description of the title of the degree or diploma being conferred, a reference to the theological or religious aspect of the degree’s subject area. C. CCHE Policy I, J Be a non-profit institution owned, controlled, operated, maintained, or affiliated with a bona fide church or religious denomination, lawfully operating as a non-profit religious corporation pursuant to Title 7 of the Colorado Revised Statutes. Not offer or award degrees in: any area of physical science or medicine; or degrees appropriate only for academic institutions, such as, but not limited to, Bachelor of Arts or Bachelor of Science, Master of Arts or Master of Science, Doctor of Philosophy, or other degrees typically offered by academic institutions, regardless of curriculum or course content, unless the degree title includes the religious field of study (e.g., “Bachelor of Arts in Religious Studies”); or degrees associated with specific professional fields or endeavors not clearly and directly related to religious studies or occupations. Examples of such degree titles I-J-12 June 7, 2013 are Bachelor of Business Administration or Master of Business Administration; Bachelor of Education, Master of Education or Doctor of Education; and Doctor of Psychology. D. Require at least a high school diploma or its equivalent for admission. E. Not market, offer or grant degrees or diplomas which are represented as being linked to a church or denomination, but which actually are degrees in secular areas of study. F. Have obtained exemption from property taxation under state law and shall have submitted to the Department a copy of the certificate of this exemption for the school’s site and facilities verified by the Colorado Division of Property Taxation and a letter of determination signed by the Property Tax Administrator, Division of Property Taxation, Colorado Department of Local Affairs, stating that the institution is exempt from real and personal property taxation under state law. G. Additional evidence that may be provided by an institution seeking to substantiate that the institution is a bona fide religious institution, including: a statement of institutional mission clearly establishing the mission of the institution as solely religious, and curricula and degree, diploma, or certification programs that clearly support that singular mission; or evidence that the school holds at least pre-accreditation status with one of the following nationally recognized accrediting associations: 1. The Accrediting Association of Bible Colleges; or 2. The Association of Advanced Rabbinical and Talmudic Schools; or 3. The Association of Theological Schools in the United States and Canada 10.00 Process to Establish Authorization as a Seminary or Religious Training Institutions 10.01 An institution seeking authorization as a bona fide religious institution shall submit to the Department a completed and signed Declaration for Religious Authorization, as set forth in Appendix B and document compliance with all requirements in the Declaration, and shall provide a revised Declaration at any time that information originally submitted no longer is accurate. 10.02 As the first step in obtaining state authorization and prior to the submission of required documentation, institutions seeking to operate in Colorado as a seminary or religious training institution shall consult in person at the Department with the administrator of the Degree Authorization Act. CCHE Policy I, J I-J-13 June 7, 2013 10.03 Following the consultation and review of all documents submitted, the Department shall determine if the institution qualifies for authorization as a seminary or religious training institution. 11.00 Evaluation of Application 11.01 Following the submittal of the required documents, the Department shall review the application for required components and documents and make a recommendation to the Commission regarding authorization. 11.02 The Department shall either:   Recommend for Seminary or Religious Training Authorization Not Recommended for Authorization 12.00 Renewal of Authorization for Seminaries and Religious Training Institutions 12.01 A seminary or religious training institution shall apply for renewal of authorization every three years. The renewal of authorization process shall demonstrate that the seminary or religious training institution continues to meet the minimum operating standards specified in this policy and section 23-2-103.8, C.R.S. Failure to do so will result in an assumption that the minimum standards are not met and a recommendation for revocation of authorization will be made. 12.02 A seminary or religious training institution that continues to meet the minimum operating standards specified in 9.01 is presumed qualified for renewal of authorization, and the Department shall recommend that the Commission renew the seminary or religious training institution’s authorization for three additional years. 12.02.01 A seminary or religious training institution shall provide the Department for renewal: a. Updated list of program offerings b. Confirmation of non-profit status c. Confirmation of affiliation with a religious organization d. Confirmation of tax-exempt status pursuant to Colorado State Law 12.03 A seminary or religious training institution that meets the criteria and rules established herein is exempt from the provisions of this policy that exclusively apply to the secular private colleges and universities authorized by the Commission. 13.00 Private Colleges and Universities CCHE Policy I, J I-J-14 June 7, 2013 13.01 Pursuant to §23-2-103.3, C.R.S., to operate in Colorado, a private college or university shall apply for and receive authorization from the Commission. A private college or university shall obtain separate authorization for each campus, branch, or site that is separately accredited. A private, non-profit college or university shall submit with its application, verification of nonprofit status, including a copy of the institution’s tax-exempt certificate issued by the Colorado Department of Revenue. 13.02 After receiving an application, the department shall review the application and any other pertinent information to evaluate whether the private college or university meets institutional accreditation requirements at the Colorado site by an accrediting body recognized by the United States Department of Education. 13.03 The Department shall not recommend and the Commission shall not approve an application from a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state or that has substantially the same owners, governing board, or principal officers as a private college or university that, in the two years preceding submission of the application, has had its accreditation suspended or withdrawn or has been prohibited from operating in another state. 13.04 To operate in Colorado, a private college or university shall be institutionally accredited on the basis of an on-site review by an accrediting body recognized by the United States Department of Education which is authorized to offer institutional accreditation; except that a private college or university may operate for an initial period without accreditation if the commission determines, that the private college or university is likely to become accredited in a reasonable amount of time or is making progress toward accreditation in accordance with the accrediting body’s policies. 13.05 The Commission may grant a provisional authorization to a private college or university to operate for an initial period without accreditation. The private college or university shall annually renew its provisional authorization and report annually to the Commission concerning the institution’s progress in obtaining accreditation. 13.06 A private college or university shall notify the Department in a timely manner of any material information related to an action by the institution’s accrediting body concerning the institution’s accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall notify the Department in a timely manner if the United States Department of Education no longer recognizes the institution’s accrediting body. Failure to provide this information shall lead to revocation or probationary authorization by the Commission. CCHE Policy I, J I-J-15 June 7, 2013 14.00 Process for Authorization/Renewal of Authorization for Private Colleges and Universities: 14.01 Process to Establish Authorization as a Private College or University A. Institutions seeking state authorization to operate in Colorado as a private college or university shall consult in person at the Department with the administrator of the Degree Authorization Act prior to the submission of required documentation. B. The applicant shall submit all required materials to the Department and Department staff will determine if the criteria in section 9.01 have been met. C. To receive state authorization an organization must provide documentation that demonstrates that each of the following criteria has been met: 1. The institution is familiar with and understands accreditation procedures and state authorization policies and procedures and identifies the accrediting association from whom accreditation will be sought. 2. A statement of which accrediting body from which accreditation will be sought. 3. The institution has a statement of mission formally adopted by its governing body and made public, which defines the basic character of the institution including a brief description of the educational programs to be offered and their purposes, the students for which the programs are intended and the geographical or demographic area served by the institution and a description of how the institution relates to Colorado’s broader higher education community. The mission shall be appropriate to an institution of higher education and the institution must plan to award degrees. 5. The institution has a governing board that possesses and exercises necessary legal power to establish and review basic policies that govern the institution and shall have designated an executive officer to provide administrative leadership for the institution. The board shall include among its members some who represent the public interest and are sufficiently autonomous from the administration and ownership to assure the integrity of the institution. A list of the members of the board, and a brief resume for each, and the name and title of the executive officer and principal administrators and the address of the administrative office shall be submitted to the Department. 6. If faculty members are employed at the time the application is filed with the department, the faculty, their academic credentials (degrees, previous experience, publications, etc.) and teaching fields shall be identified. If no faculty are employed, the institution shall describe the CCHE Policy I, J I-J-16 June 7, 2013 qualifications of the faculty that are to be recruited and the procedures that will be used to find and contract with faculty members. 7. Private institutions shall provide ownership information. 8. The institution’s proposed academic programs shall be appropriately named and be based on fields of study recognized as appropriate (as demonstrated by the existence of professional literature in the field; the offering of similar programs in already-accredited institutions; and by the existence of professional organizations related to the field) for a postsecondary institution. The academic program shall comport with the institutional mission as described in documents provided to the department. The institution shall provide a list of the degrees it proposes to award and a degree (as defined in the Degree Authorization Act, §23-1-101 et seq., C.R.S.) is to be awarded upon successful completion of an educational program. 9. The content and length of the proposed academic program shall follow practices common to institutions of higher education. Typically, the proposed academic program shall include at least: (1) one undergraduate program planned for two or more years in length; or, (2) one graduate program of at least one academic year in length. Documentation shall be provided to the department that lists all requirements for a degree and the curricula offered leading to the degree, showing planned typical student programs by semester or term. Any proposed undergraduate degree program shall include a coherent general education component that is consistent with the institution’s mission and appropriate to its educational programs. 10. Student access to all necessary learning resources and support services shall be provided. Necessary resources and support services vary by type of program, but all require some use of library resources. Laboratories may be required for some programs. Support services such as academic advising, financial aid counseling, and support for special, targeted, constituencies may be needed. The institution shall describe the learning resources and support services that it will provide and state how they will be provided to students on a regular, dependable basis. 11. Admission policies shall be consistent with the institution’s mission and appropriate to the educational program. The Department shall be provided with a copy of the institution’s admission policies. 12. The institution shall have financial resources adequate to support startup activities and sources of funds sufficient to ensure that the institution can sustain itself once students have been admitted. The Department shall be provided with a current financial statement, an CCHE Policy I, J I-J-17 June 7, 2013 audit report of a financial audit completed within the previous twelve months by a certified public accountant, or other substantial evidence. D. Following the submittal of the required documents and based on the institution’s selected accrediting body, the Department shall contract with an evaluation team to review all submitted materials to determine the institution’s readiness for on-site accreditation and make a recommendation regarding authorization. 14.02 Joint Authorization under Special Circumstances 14.02.01 In the special instance that a school authorized under C.R.S., Title 12, Article 59, otherwise known as the Division of Private Occupational Schools, offers baccalaureate degree programs but does not meet the majority rule (§12-59-104(d)(II)), the Colorado Commission on Higher Education will have authority to authorize the baccalaureate and higher level programs at the school under the Degree Authorization Act, §23-2-101, et seq., C.R.S. However, under such circumstances, the school will continue to follow the DPOS rule and statute until such time that the majority of its programs are at the baccalaureate level or higher. 14.02.02 Under the special circumstances, as stated in 4.02, department staff will address complaints received by students enrolled in the baccalaureate and higher degree programs pursuant to the process outlined in section 14.01. a. In the event that the department receives complaints by students enrolled at both the sub-baccalaureate and baccalaureate levels, department staff may coordinate the review of these complaints and include all relevant information in recommendations for board action, whether the DPOS board, the Commission or both. 15.00 Minimum Operating Standards to Qualify as a Private College or University 15.01 A private college or university is an institution which is “doing business or maintaining a place of business in the state of Colorado” and which offers courses of instruction or study wherein credits may be earned toward a degree in a field of endeavor. A publicly-supported college or university based in another state (and so would not meet the definition for a “state college or university” exemption) and which seeks or has physical presence in the state of Colorado, will be treated as a “private college or university.” 15.02 All institutions must meet the following criteria to qualify for consideration of authorization and renewal of authorization: CCHE Policy I, J I-J-18 June 7, 2013 1. Demonstrate its ability to provide appropriate student services at the new site. 2. Demonstrate its financial ability to support all operations at the new site. 3. Demonstrate its physical presence in Colorado with the appropriate documentation. 16.00 Evaluation of Application 16.01 Following the submission of the required documents and based on the institution’s selected accrediting body, the Department shall review the application for required components and documents, the Department shall contract with an evaluation team to review all submitted materials to determine the institution’s readiness for on-site accreditation and make a recommendation regarding authorization. 16.02 Based on the recommendation of the evaluation team, the Department shall assign the institution to one of the following categories:   Provisional Authorization Not Recommended for Authorization 16.03 Each evaluation team will consist of several appropriate independent and fully credentialed evaluators selected by Department staff, based on institution type and the accrediting body from which the applicant shall seek accreditation. 16.04 In addition to the required documents, additional materials may be requested by the evaluation team and/or department staff based on the criteria established by the accreditation association. 16.05 If the evaluation team does not recommend the applicant institution for state authorization, the applicant institution may not reapply for a period of one year from the date of notice and the application fee will be assessed upon reapplication. If the evaluation team recommends a conditional approval based on minor technical changes, the applicant institution will have six months to reapply and the Department will not assess another application fee. 17.00 Renewal of Authorization for Private Colleges and Universities with “Full Authorization” 17.01 A fully authorized private college or university shall apply for renewal of authorization in accordance with the schedule for institutional reaccreditation by its accrediting body or every three years, whichever is longer. 17.02 Required documents for renewal of authorization: a. Self-evaluation report or similar CCHE Policy I, J I-J-19 June 7, 2013 b. Accreditation site visit team’s report c. Institution’s response to site visit report d. Final determination letter from the accrediting body 18.00 Renewal of Authorization for Private Colleges and Universities with “Provisional Authorization” 18.01 Private colleges and universities that hold provisional authorization shall renew its authorization annually until an on-site visit has occurred by the accrediting body, accreditation is achieved, and the Commission awards full authorization. 18.02 Required documents: a. Any and all communication to and from the accrediting body from which the institution is seeking accreditation; b. Accreditation progress report; c. Status report of institution’s activities; d. Updated enrollment information; e. Enrollment agreements, if applicable, and any other recruitment materials used for training staff and presented to potential students; f. Faculty resumes 19.00 Renewal of Authorization for Private Colleges and Universities with “Probationary Authorization” 19.01 Private colleges and universities that have been placed on probation by the Commission shall annually renew its authorization with the Commission until such time the probation action is lifted by the Commission. 19.01.02 Required documents for institutions with probationary authorization: a. Accreditation status update, identifying progress regarding the adverse action issued by the accrediting body or other governmental agency; b. Any and all communication regarding the adverse action issued by the accrediting body or other governmental agency; c. Prospective timeframe for when the adverse action is expected to be acted upon. 20.00 Renewal of Authorization – All Authorized Institutions 20.01 A private college or university that has authorization from the Commission pursuant to §23-2-103.3, C.R.S., and maintains its accreditation shall apply to the Department for renewal of authorization in accordance with the schedule for CCHE Policy I, J I-J-20 June 7, 2013 reaccreditation by its accrediting body or every three years, whichever is longer. A seminary or religious training institution shall apply for renewal of authorization every three years. A private college or university or seminary or religious training institution that seeks renewal of authorization shall submit an application in accordance with the procedures and policies adopted by the Commission and shall pay the renewal of reauthorization fee established by the Commission pursuant to §23-2-104.5, C.R.S. 20.02 To renew its authorization to operate in Colorado, a private college or university or seminary or religious training institution shall demonstrate that it continues to meet all minimum operating standards specified in the Degree Authorization Act, specifically §23-2-103.8, C.R.S., and this policy. Failure to demonstrate compliance with the minimum operating standards will result in a presumption that the minimum operating standards are not met and a recommendation for revocation will be made. 20.03 A private college or university that has had its accreditation reaffirmed without adverse action is in compliance with §23-2-103.8, C.R.S., and is not subject to investigation pursuant to §23-2-103.4, C.R.S., (revocation) is presumed qualified for renewal of authorization, and the Department shall recommend renewal for a period of three years or the length of the institution’s accreditation, if applicable, whichever is longer. 20.04 A seminary or religious training institution that continues to meet the minimum operating standards is presumed qualified for renewal of authorization, and the Department shall recommend that the Commission renew the institution’s authorization for three additional years. 20.05 If a private college or university or seminary or religious training institution cannot demonstrate that it meets the minimum operating standards specified in Commission policy or pursuant to §23-2-103.3 or §23-2-103.8, if applicable, the Department shall recommend that the Commission deny the institution’s application for renewal of the authorization. 20.06 If, within six months after receiving the notice of denial of the application for renewal, the institution corrects the action or condition that resulted in denial of the application for renewal, the institution may reapply for renewal of the authorization. 20.07 If the institution does not correct the action or condition within the six month period, it may submit a new application for authorization after correcting the action or condition. 20.08 If a private college or university is under an adverse action from its accrediting body at the time it files for an application for renewal of authorization to operate in Colorado, the Department may recommend that the Commission renew the institution’s authorization or that the Commission grant a probationary renewal of the institution’s authorization. CCHE Policy I, J I-J-21 June 7, 2013 20.09 If an institution receives a probationary renewal of its authorization, the institution shall reapply for renewal of its authorization annually until the accrediting body lifts the adverse action, and the institution shall annually report to the Commission concerning the institution’s progress in removing the adverse action. 20.10 If the Department recommends that the Commission grant a probationary renewal of authorization or deny an application for renewal of authorization, the Commission shall notify the private college or university or seminary or religious training institution concerning the recommendation, and the Department and the Commission shall proceed in accordance with the provisions of the “State Administrative Procedures Act”, Article 4 of Title 24, C.R.S. 21.00 Change of Authorization Type - Probationary Status or Revocation 21.01 If the Commission has reason to believe that a private college or university or seminary or religious training institution meets one or more of the grounds specified in the following section for revocation of authorization or for placing an institution on probationary status, the Commission may order the Department to investigate the private college or university or seminary or religious training institution and make a recommendation concerning whether to revoke the institution’s authorization or to place the institution on probationary status. 21.02 To assist the Department in conducting an investigation pursuant to §23-2-103.4 (1), C.R.S., the Commission may subpoena any persons, books, records, or documents pertaining to the investigation, require answers in writing, under oath, to questions the Commission or Department may ask, and administer an oath or affirmation to any person in connection with the investigation. In conducting the investigation, the Department may physically inspect an institution’s facilities and records. A subpoena issued by the Commission pursuant to this paragraph is enforceable by any court of record in the state. 21.03 Based on findings of an investigation pursuant to this section, the Department shall recommend that the Commission should or should not revoke the institution’s authorization or place the institution on probationary status. 21.04 If the Department recommends revocation or probationary status, it shall identify the applicable grounds for revocation or probationary status specified below, and the Department and the commission shall proceed in accordance with the provisions of the “State Administrative Procedures Act,” Article 4 of Title 24, C.R.S. 21.05 With regard to the authorization of a private college or university, the Commission may: 21.05.01 CCHE Policy I, J Revoke the private college’s or university’s authorization or place the institution on probationary status if the private college or university: I-J-22 June 7, 2013 a. Fails to meet any of the minimum standards set forth in this policy or in statute; b. Fails to substantially comply with the applicable laws or rules adopted or implemented by other governmental agencies that have jurisdiction over the institution; or c. Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates; d. Revoke the private college’s or university’s authorization if the institution loses its accreditation; e. Place the private college or university on probationary status if the institution’s accrediting body places the institution on probation or the equivalent; or f. Revoke the private college or university’s authorization or place the private college or university on probationary status if the United States Department of Education ceases to recognize the institution’s accrediting body. 21.06 The Commission may revoke a seminary’s or religious training institution’s authorization or place the institution on probationary status if the seminary or religious training institution: a. No longer meets the definition of a seminary or religious training institution specified in §23-2-102, C.R.S.; b. Fails to meet any of the minimum standards set forth in statute or in the Commission’s policy or rule adopted to implement the statute; or c. Violates the federal criminal laws or the criminal laws of this state or any other state in which the institution operates. 22.00 Fee Schedule Section 23-2-104.5, C.R.S., gives the Commission authority to establish fees for direct and indirect costs of administering the Degree Authorization Act. After initial determination of fees, fees will be established on an annual basis no later than June 30 of the year preceding implementation. The Department and Commission shall give thirty (30) days for comment unless no changes are made to the fee structure. The fee shall reflect the direct and indirect costs of administering the article. Fees shall include, but not be limited to, application fees, authorization/annual fees, renewal of authorization fees, educator preparation fees (if applicable), and gtPathways review fees (if applicable). 23.00 Deposit of Records upon Discontinuance CCHE Policy I, J I-J-23 June 7, 2013 23.01 Pursuant to §23-2-103.5, C.R.S., if an authorized private college or university or serminary or religious training institution ceases operating in the state, the owner of the institutions or his or her designee shall deposit with the department the original or legible true copies of all educational records of the institution. If the Commission determines that the records of an authorized institution are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the Department, the Commission may seek a court order authorizing the Department to seize and take possession of the records. 23.02 The Department or the Attorney General may enforce the provisions of this section by filing a request for an injunction with a court competent jurisdiction. A person may request, in accordance with the provisions of the Colorado Open Records Act, Part 2 of Article 72 of Title 24, C.R.S., a copy of a record held by the Department pursuant to this section. The Department shall permanently retain any student transcript. The Department shall retain any other records received for ten years following the date on which it receives or obtains the records. After the ten years, the Department shall dispose of the records in a manner that will adequately protect the privacy of personal information included in the records. 24.00 Procedure for the Closure of an Institution 24.01 In the event an institution closes and ceases operations, the owner or designee is required to provide timely notification, with as much advanced notice as is possible, the Department and currently enrolled or recruited students in writing immediately of intention to close/cease operation. 24.02 Written notification the Department to close or cease operations must include: a. Name of the institution; b. Name of the owner, active mailing address, and telephone number where he or she may be reached after the institution physically closes; c. Name of the institution’s Chief Executive Officer, President, or other appropriate administrator; d. Date of closure (or approximate of anticipated closing date); e. A report of the status of all students currently enrolled and those students on leave of absence whose education and training program will not be fully completed by the date of the institution’s closure; f. Identify in writing whether there are refunds due to any students; g. Submit a written statement from the owner or designee affirming that all recruitment efforts, program marketing, advertisement (regardless of type, i.e. newspaper, website, television broadcast, etc.), solicitation and enrollment of new students has ceased; CCHE Policy I, J I-J-24 June 7, 2013 h. A copy of the written notice given to current students or recruited-but-no-yetenrolled student informing them of the school’s intent to close and copies of any other record of students having been so notified; and i. The expected deposit date of the student records to the Department. 24.03 Student Records must include: a. The individual enrollment agreement and other instruments relating to the payment for educational services, including student financial aid; b. Academic grades and attendance (when in doubt preserve it; seek technical assistance from the Department; or turn it over to the Department to make a final determination); c. The date the student began instruction at the school and information about each program in which the student is or was enrolled, including (a) the name of program, (b) length of program in clock hours or credit hours and (c) date of last instruction or of course completion; d. Record of any student grievance and subsequent resolution; and e. Transcript/record of completion showing extent of each student’s record of achievement up to last date attended or up to time the institution ceased operation. 25.00 Alternative Enrollment An option for students faced with a closure is to continue their education in order to complete their program. Alternative enrollment may be provided, under which (1) either the students complete their studies at the original private college or university in which they are enrolled, before it closes or (2) arrangements are made and students are given an opportunity to complete their education at another private, Commission authorized school which offers substantially the same education. Alternative enrollment is intended to fulfill the original contract between the closing institution and the student. If alternative enrollment is arranged for another approved institution to provide the remaining education that other institution must provide comparable education and agree that students transferring from the closing institution will pay only what cost of tuition/fees remains unpaid, according to the terms and conditions found in the enrollment agreement entered into between the student and the closing institution. The Department will work with the closing institution to determine if alternative enrollments can be made available. The option of alternative enrollment is voluntary and a student may decline such an arrangement. 26.00 Financial Integrity – Surety CCHE Policy I, J I-J-25 June 7, 2013 26.01 Pursuant to §23-2-103.8, C.R.S., the Department shall determine the financial integrity of private colleges or universities except when the private college or university: a. Is a party to a performance contract with the Commission under §23-5-129, C.R.S.; b. Has been accredited for at least twenty years by an accrediting agency that is recognized by the United States Department of Education; c. Has operated continuously in this state for at least twenty years; and d. Has not at any time filed for bankruptcy protection pursuant to Title 11 of the United States Code. 26.02 If a private college or institution does not meet the criteria above, the Department shall determine the institution’s financial integrity by confirming that the institution meets or does not meet the following criteria: 26.02.01 26.02.02 The institution has operated continuously in this state for at least ten years; 26.02.03 During its existence, the institution has not filed for bankruptcy protection pursuant to Title 11 of the United States Code; 26.02.04 The institution maintains a composite score of at least 1.5 on its equity, primary reserve, and net income rations, as required in 34 CFR 668.172; and 26.02.05 26.03 The institution has been accredited for at least ten years by an accrediting agency that is recognized by the United States Departm