Responses Last Confirmed:

Pennsylvania Department of Education - Division of Higher Education, Access, and Equity

Agency Contact

Gina L. Wetten, Higher Education Associate II
717-265-7723
giwetten@pa.gov

Additional Contact

Secretary of State Contact

Khalid N. Mumin, Ed.D, Secretary of Education
717-783-9780
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

No response provided

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

__x__  Public, in-state degree granting institutions
__x__  Public, out-of-state degree granting institutions        
__x__  Private, in-state, not-for-profit degree granting institutions 
__x__  Private, out-of-state, not-for-profit degree granting institutions    
__x__  Private, in-state, for-profit degree granting institutions
__x__  Private, out-of-state, for-profit degree granting institutions
__x__  Public, in-state, non-degree granting institutions
__x__  Public, out-of-state, non-degree granting institutions
__x__  Non-degree, not-for profit institutions
__x__  Non-degree, for-profit institutions
__x__  Religious institutions
__x__  Tribally-controlled institutions
__x__  Federal Institutions
__x__  Municipal institutions

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

Out-of-State: Both

____ Institution   _____ Program   ___X__ Both

c.
Clarifying comments:

Out-of-State institutions are regulated if physical presence is established.

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

New institutions approved to offer degrees shall have 3 years after commencing operations to obtain candidacy status for total institutional accreditation. Total institutional accreditation must be maintained.

b.
If yes, please check all that apply as appropriate.

Accreditation Required for:
_x__ Public, out-of-state degree granting institutions
_x__ Private, in-state, not-for-profit degree granting institutions
_x__ Private, out-of-state, not-for-profit degree granting institutions
_x__ Private, in-state, for-profit degree granting institutions
_x__ Private, out-of-state, for-profit degree granting institutions
_x__ Public, in-state, non-degree granting institutions
_x__ Public, out-of-state, non-degree granting institutions
_x__ Non-degree, not-for profit institutions
_x__ Non-degree, for-profit institutions
_x__ Religious institutions
_x__ Tribally-controlled institutions
_x__ Federal Institutions
_x__ Municipal institutions

c.
Clarifying comments:
  • Out-of-state institutions that establish physical presence must be accredited.
  • Out-of-State Degree-Granting Institutions with physical presence in PA: accrediting body recognized by the United States Department of Education and acceptable to the Department
  • Non-degree: not required
Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

No exemptions regarding any institution physically in PA.

b.
If yes, for what types of institutions? Which types of programs?

No response provided

c.
Web link for exemptions.

No response provided

d.
Clarifying comments:

No response provided

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

No. 

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

Yes. 

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

No. 

d.
Clarifying comments:

Degree-granting institutions: Out-of-state degree granting institutions who have a physical presence in PA must be authorized to operate in PA.

Non-degree granting institutions: If out-of-state non-degree-granting institutions recruit in PA, they must be registered.

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

No response provided

b.
Web link for physical presence definition.
c.
Clarifying comments:

Title 22 Chapter 31 – §31.2

Physical presence—The operation of an entity that offers courses, programs, or degrees or maintains a campus, or an administrative, corporate or other address, including a post office box, telephone number, recruiters, instructors, advertising in local media and publications at a location in this Commonwealth.

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

When an individual contacts the Pennsylvania Department of Education (PDE) with an informal complaint, they should be sent a higher education complaint form or referred to the complaint form on PDE’s website.  The form is available at http://www.education.pa.gov/SARA. Complainants must print the complaint form and mail it to PDE with their signature before PDE can take official action.  If they do not have Internet access or prefer a paper form, a paper complaint form can be mailed. When a complaint form is received, staff will add the complaint information to the higher education complaint database. Staff will confirm that the complaint involves a potential violation of the statute, regulations or policy.  If any potential violation is possible, a copy of the complaint will be sent to the institution for response.  If there is no potential violation of statute, regulation, or PDE policy, staff will send a closure letter to the complainant. If the complaint infers any potential violation, staff will mail a copy of the complaint to the institution with a standard cover letter, giving the institution 30 days to respond. If the complaint is against a state system university, staff will log the complaint and forward it to the Chancellor’s Office rather than the institution for response. All complaints against Pennsylvania institutions will be investigated and resolved equally, regardless of the domicile of the complainant.  Complaints lodged against a Pennsylvania institution by a resident of another state, territory, or country will be given equal consideration and processing with those lodged by Pennsylvania residents. Staff will hold the complaint until the response comes in.  If no response is received in 45 days, professional or management staff will follow up with the institution. Upon receipt of the institution’s response, professional staff will determine if a violation occurred.  If additional information is needed to determine if a violation occurred, that information will be requested.  The investigation will continue until adequate information is obtained to determine if a violation occurred.  If necessary, a site visit will be conducted. If the investigation confirms that there was no violation, staff will send closure letters to the complainant, the institution and the accrediting agency.  If a violation did occur, professional staff will work with the institution to resolve the violation and settle with the complainant.  If this cannot be achieved, staff will work with the PDE legal staff to initiate legal action against the institution. Notice of final dispensation of all complaints will be provided in writing to the complainant, the institution, and the accrediting agency. Every effort is made to resolve complaints within 180 days of receipt.  All complaints will be resolved within 24 months of receipt. When a complaint is closed, staff will record the closure in the complaint database and file the complaint in the institution file.  Complaints will be retained for five years following final adjudication.  The complaint database will maintain a permanent record of complaints.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

Complaints are handled within our agency.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Division of Higher Education, Access, and Equity

Title: Administrative Assistant

Agency: Pennsylvania Department of Education

Address: 333 Market Street 12th Floor Harrisburg, PA 17126

Email: RA-HigherEducation@pa.gov

Phone: 717-783-6786

URL: www.education.pa.gov/SARA

e.
Clarifying comments:

No response provided

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

Students may submit a complaint form to the Pennsylvania Department of Education if the institution has a physical presence in PA. If the institution does not have a physical presence, the complaint is forwarded to the state in which the institution is located. Our division will cooperate in any way possible to assist the home state in review of the complaint.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

Complaints are handled within the agency.

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

If the complaint is an out-of-state institution, the complaint is sent to the home state that the institution resides.

d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Division of Higher Education, Access, and Equity

Title: Administrative Assistant

Agency: Pennsylvania Department of Education

Address: 607 South Drive, Floor 3E, Harrisburg, PA 17120

Email: RA-HigherEducation@pa.gov

Phone: 717-783-6786

URL: www.education.pa.gov/SARA

e.
Web link for the complaint form.
f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

No.

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

Only for non-degree granting institutions

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?

Yes, but only for non-degree granting institutions.

b.
If yes, for what types of institutions?

No response provided

c.
Web link for tuition refund policy.

No response provided

d.
Clarifying comments:

No response provided

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

No

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?
  • Education Enterprises are required to renew every five (5) years. Information to report includes accreditation status, program enrollment, program advisory committee members and meeting minutes from the past three meetings, current administration & faculty, admission requirements, and library and learning resources available to PA students.
  • Education Enterprises must also submit an Annual Survey of Educational Programs in January of each year.
  • Education Enterprises must comply with Act 16 of 2019 relating to the Fostering Independence Tuition Waiver Program.
  • Education Enterprises need to provide assurance that federal student loan disclosures are given to students as required in Act 121 of 2018.
b.
How frequently do institutions report data?
  • Renewals: every 5 years
  • Annual Reports: Annually by March 1  
  • Annual Survey of Educational Programs: Annually by January 15
c.
Is this information published or shared publicly?

All information is public.

d.
Web link for reporting.

Reminders to submit reports are sent each year. Higher Education Reporting Website

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?

No response provided

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

An application form must be completed and the appropriate fees must be in accordance with our website.

b.
Web link for application.

Any institution seeking authorization must contact the Division of Higher Education, Access, and Equity, as stated on the Institution Resources Website.

c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes.

b.
If yes, what is the fee or fee schedule?

No response provided

d.
Clarifying comments:

Education Enterprise (Out-of-State Authorization): $10,000

Education Enterprise New Program: $1,400

Education Enterprise Renewal: $2,000 every 5 years

SARA Participants: Fee schedule at www.education.pa.gov/SARA

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

Non-degree granting institutions must have a signed repository agreement at all times with another institution to keep records for 50 years in the event of a closure.

Degree-granting institutions must provide us with the location where records will be maintained.

b.
From what agency do students request their transcripts/records from a closed school?

Agency Name: The designated institution/company the institution has contracted with to keep records. A list is published on our website and kept in our office to update students when they call for information.

Contact Person: n/a

Contact Phone: n/a

Contact Address: n/a

Contact Email: n/a

Contact web site: n/a

c.
Clarifying comments:

No response provided

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

No response provided