14 Del. Admin. Code § 292-5.0 - Application and Renewal Process for Degree Granting Authority from the Department

5.1 Postsecondary Institutions incorporating or already incorporated in Delaware may be granted 1 of 3 levels of approval of Degree Granting Authority: Recognized Applicant; Provisional Approval; or Full Approval; or the Department may deny the application as provided in subsection 5.6.

5.2 A Postsecondary Institution that is located outside of the United States and its territories may be considered for Degree Granting Authority only upon accreditation from an Accrediting Agency.

5.3 Applying for and Renewal of Recognized Applicant Status

5.3.1 Recognized Applicant Status. An Institution with Recognized Applicant status may offer the Programs and Degrees specified in the letter referenced in subsection 5.3.2 and may incorporate in Delaware but shall not have the power to confer Degrees under 8 Del.C. § 125.

5.3.2 Application for Recognized Applicant Status

5.3.2.1 Postsecondary Institutions shall submit an Application Form containing a description of its purposes and objectives, administrative organization, financial administration, student support services, admission policies and procedures, faculty, programs and courses, graduation requirements, facilities, library, education resources, instructional technology, and assessment of student learning. Institutions of Higher Education must also submit copies of its most recently published documents including course catalogs and any additional information requested on the Application Form or by the Department. Postsecondary Institutions that hold accreditation from an Accrediting Agency can satisfy this requirement through a copy of the most recent accreditation approval and an authorized letter from the Accrediting Agency confirming that these criteria were evaluated and approved during the most recent review.

5.3.2.2 If the Department determines that, based on all the documentation provided, the Postsecondary Institution appears to meet, or shows promise of meeting, a significant portion of the criteria in Section 4.0 of this regulation, the Postsecondary Institution may be granted Recognized Applicant status. The Department will issue a letter indicating that the Postsecondary Institution has been granted a status of Recognized Applicant.

5.3.3 Renewal of Recognized Applicant Status

5.3.3.1 Recognized Applicant status may be issued for 1 year.

5.3.3.2 Renewal of Recognized Applicant status is dependent upon the Postsecondary Institution demonstrating it continues to meet the requirements of this regulation and intends to seek accreditation from an Accrediting Agency or, if applicable, continues to maintain accreditation from an Accrediting Agency.

5.3.3.3 If the Department determines that the Postsecondary Institution continues to meet the requirements of this regulation and is making satisfactory progress towards the next level of recognition, Recognized Applicant status may be renewed.

5.3.4 Required Reporting to Maintain Recognized Applicant Status. Once a Postsecondary Institution has been granted Recognized Applicant status, the Postsecondary Institution shall keep the Department informed of any changes since its most recent approval, including but not limited to the names and addresses of those responsible for directing the Programs from the parent campus, names and credentials of instructors, and the locations of all sites in Delaware where instruction is offered.

5.3.5 Required Student Notification to Maintain Recognized Applicant Status

5.3.5.1 The Postsecondary Institution shall notify students individually, in writing, upon application and admission, that it does not have Degree Granting Authority.

5.3.5.2 The Postsecondary Institution shall notify students individually, in writing, near the end of the first school year of their approval period that it does not have Degree Granting Authority. The Postsecondary Institution shall provide such notification annually thereafter until Provisional Approval status is achieved.

5.3.5.3 The Postsecondary Institution shall notify students individually, in writing, if the Postsecondary Institution's Recognized Applicant status is terminated.

5.4 Applying for and Renewal of Provisional Approval Status

5.4.1 Provisional Approval Status

5.4.1.1 A Postsecondary Institution with Provisional Approval status may offer the Programs and Degrees specified in the letter under subsection 5.4.2.1 of this regulation and may confer Degrees under 8 Del.C. § 125.

5.4.1.2 In order to have the power to confer Degrees:

5.4.1.2.1 A Postsecondary Institution that is not already incorporated in Delaware shall file a certificate of incorporation with the Delaware Secretary of State that provides the Postsecondary Institution with the power to confer Degrees and that has the Department's approval endorsed thereon as required by 8 Del.C. § 125.

5.4.1.2.2 A Postsecondary Institution that is already incorporated in Delaware shall file an amendment to its certificate of incorporation with the Delaware Secretary of State that provides the Postsecondary Institution with the power to confer Degrees and that has the Department's approval endorsed thereon as required by 8 Del.C. § 125.

5.4.2 Application for Provisional Approval Status

5.4.2.1 A Postsecondary Institution may request to advance to the next level of approval at the end of the first year of Recognized Applicant status and at the time that it submits a progress report, provided that it includes a notarized letter that the Postsecondary Institution has submitted or intends to submit the application for accreditation from an Accrediting Agency within 90 days of receiving Provisional Approval status.

5.4.2.2 The progress report shall include an update on progress toward meeting required standards and progress towards accreditation. It shall also include progress on approval for state licensing for all applicable programs.

5.4.2.3 If the Department determines that, based on all the information provided, the Postsecondary Institution appears to meet a significant portion of the criteria as stated in this regulation and continues to successfully address the Accrediting Agency's requirements towards Full Accreditation, the Postsecondary Institution may be granted Provisional Approval status. The Department will issue a letter indicating that the Postsecondary Institution has been granted a status of Provisional Approval.

5.4.2.4 Those Postsecondary Institutions required to remain on Recognized Applicant status shall be informed of the changes and improvements necessary to be eligible for Provisional Approval status. There is no guarantee that a Postsecondary Institution with Recognized Applicant status will be granted either Provisional or Full Approval status.

5.4.3 Renewal of Provisional Approval Status

5.4.3.1 Initial awarding of Provisional Approval status is valid for 1 year.

5.4.3.2 After the first year of Provisional Approval status, the Postsecondary Institution shall apply for renewal.

5.4.3.3 To apply for renewal, the Postsecondary Institution shall submit an Application Form, proof of application for accreditation status or new and updated accreditations, and a current course catalog. The Postsecondary Institution shall submit a progress report that shall include an update on progress toward meeting required standards and progress towards accreditation. It shall also include progress on approval for state licensing for all applicable programs. The progress report must be submitted 6 months prior to the expiration of its Provisional Approval status. The Application Form to request renewal must accompany the progress report. If the Department determines that the Postsecondary Institution continues to meet the requirements of this regulation and is making satisfactory progress towards the next level of recognition, Provisional Approval status may be renewed for a 3-year period.

5.4.3.3.1 The Department or the evaluation committee may make on-site visits to the Postsecondary Institution in order to verify the contents of the report and evaluate progress to date.

5.4.3.3.2 The Department or evaluation committee shall make recommendations for any changes necessary based on the progress report submitted that are required for consideration for Full Approval.

5.4.3.4 Provisional Approval and its requirements must be met by the Postsecondary Institution until such time as the Postsecondary Institution receives accreditation from an Accrediting Agency but for no more than 6 years from the date of the first renewal.

5.4.3.4.1 Upon receipt of accreditation, a Postsecondary Institution may apply to advance to the next status level of Full Approval.

5.4.3.4.2 A Postsecondary Institution that fails to receive accreditation within 6 years of the date of the first renewal shall have its Provisional Approval status terminated. The Department shall notify the Delaware Division of Corporations, in writing, that the Postsecondary Institution is no longer approved by the Department to confer Degrees. The Postsecondary Institution shall notify students in writing of the termination of Degree Granting Authority.

5.4.3.5 The Postsecondary Institution shall keep the Department informed of any changes since its most recent approval, including changes in its accreditation or state licensing approvals, the names and addresses of those responsible for directing Programs from the parent campus, and the locations of all sites in Delaware where instruction is offered.

5.5 Applying for and Renewal of Full Approval

5.5.1 Full Approval Status

5.5.1.1 A Postsecondary Institution receiving Provisional or Full Approval status may incorporate with the power to confer Degrees under 8 Del.C. § 125. If the Postsecondary Institution has previously incorporated in Delaware without the power to confer Degrees, the Postsecondary Institution shall file an amendment to its certificate of incorporation with the Department's approval endorsed thereon in accordance with 8 Del.C. § 125 in order to have the power to confer Degrees.

5.5.1.2 Full Approval status may be valid for up to 5 years unless terminated in accordance with this regulation. If the Department determines that the Postsecondary Institution continues to meet the requirements of this regulation, Full Approval status may be extended every 5 years.

5.5.2 Application for Full Approval Status

5.5.2.1 The Postsecondary Institution may request to advance to Full Approval status once accreditation has been awarded from an Accrediting Agency. At that time, the Postsecondary Institution shall also submit an Application Form, with required documents, indicating a request to advance to Full Approval status.

5.5.2.2 If the Department determines that, based on all the information provided, the Postsecondary Institution meets all standards stated in this regulation and accreditation status has been granted by an Accrediting Agency, the Postsecondary Institution may be granted Full Approval status. The Department will issue a memorandum indicating that the Postsecondary Institution has been granted this level of approval.

5.5.2.3 Those Postsecondary Institutions required to remain on Provisional Approval status shall be informed of the changes and improvements necessary to be eligible for Full Approval status. There is no guarantee that a Postsecondary Institution with Provisional Approval status will be given Full Approval.

5.5.3 Renewal of Full Approval Status

5.5.3.1 The Postsecondary Institution shall submit an Application Form with accompanying documents to request renewal no later than 6 months prior to the expiration of its current Full Approval status.

5.5.3.2 The Department or the evaluation committee may make an onsite visit to the Postsecondary Institution in order to verify the contents of the report and evaluate progress to date.

5.5.3.3 Postsecondary Institutions shall keep the Department informed of any changes since its most recent approval, including changes in its accreditation, state licensing approvals, the names and addresses of those responsible for directing Programs from the parent campus, and the locations of all sites in Delaware where instruction is offered.

5.6 When the Department proposes to deny a Postsecondary Institution's application for approval status, the Department shall first give written notice to the Postsecondary Institution of the reasons for denial and the opportunity for a hearing before the Secretary. The Postsecondary Institution shall be afforded at least 20 calendar days from the date the notice is mailed to request a hearing. If no written request for a hearing is received by the Secretary, the Postsecondary Institution's application is deemed denied as set forth in the notice and the Department shall notify the Postsecondary Institution the application is denied.

5.6.1 Any hearing before the Secretary shall be held within 90 calendar days of the date the Secretary receives a request for a hearing.

5.6.2 Notice of the hearing shall be given at least 20 calendar days before it is held.

5.6.3 The hearing shall be conducted by the Secretary or the Secretary's designee who shall prepare a proposed order for the Secretary's consideration.

5.6.4 The burden of proof shall be on the applicant to show by a preponderance of evidence that the applicant should not be denied approval status because the applicant meets the requirements for Recognized Applicant, Provisional, or Full Approval status.

Notes

14 Del. Admin. Code § 292-5.0

26 DE Reg. 834 (4/1/2023) (final)