SHEEO State Authorization Inventory. Iowa Last Updated: May 2013

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1 SHEEO State Authorization Inventory Iowa Last Updated: May 2013 Please note: For purposes of this survey, the terms authorize and authorization are used generically to include approve, certify, license, regulate, recognize, empower, or similar actions relative to the operation, provision, or availability of postsecondary education in your state. 1. Agency and Contact Information a. Agency Name: Iowa College Student Aid Commission o Description: The Iowa College Student Aid Commission administers provisions of Iowa Code Chapter 261B that may require an entity to seek registration (i.e., authorization) approval if a person compensated by the school conducts any portion of a course of instruction in Iowa (including through distance education) or if the school otherwise has a presence in this state. (See additional information about presence below.) The Iowa College Student Aid Commission also administers independent provisions of Iowa s consumer protection law (Iowa Code Sections , , and ) that may require such an entity to file evidence of financial responsibility with the state of Iowa, or establish a tuition refund policy for students who withdraw from the school. The Iowa College Student Aid Commission is an Iowa state agency governed by a board of Commissioners. Registration applicants are evaluated by Commission staff, the Postsecondary Registration Administrator, who prepares registration recommendations for final approval by the agency s board of Commissioners. The Postsecondary Registration Administrator administers the financial responsibility and tuition refund policy provisions of Iowa Code Chapter 714 under the oversight of the Iowa Attorney General s Consumer Protection Division. o Contact Information: Carolyn Small Postsecondary Registration Administrator Iowa College Student Aid Commission (direct line for school inquiries) Page 1 of 16

2 o Please state who institutions should contact if they have questions about your agency s authority, policies, or application process? Same as above. b. Links: Home Page: Postsecondary Registration (including registration and independent provisions relating to financial responsibility and the state tuition refund policy): ration.html c. The following agencies also have responsibility for authorization in the state. None. d. If the division of responsibility among these agencies is not clear, please explain. 2. Types of Educational Providers Authorized a. Please indicate the types of institutions that your agency authorizes, using the list below. Please answer yes or no to each item. Feel free to provide a short explanation of any ambiguity, including any necessary clarification of instate, out of state, or other terminology. No Yes No Yes Yes* Yes No No No No Yes* Yes Public, in state degree granting institutions Public, out of state degree granting institutions Private, in state, not for profit degree granting institutions Private, out of state, not for profit degree granting institutions Private, in state, for profit degree granting institutions Private, out of state, for profit degree granting institutions Public, in state, non degree granting institutions Public, out of state, non degree granting institutions Non degree, not for profit institutions Non degree, for profit institutions Religious institutions Tribally controlled institutions Clarifying comments: *please contact the Postsecondary Registration Administrator for conditions. Page 2 of 16

3 b. Is an institution required to obtain approval from more than one agency to be authorized in your state (excluding purely programmatic approvals)? If so, please explain. No. c. Is accreditation required for an institution to be authorized in your state? Yes. o If yes, please explain: o If yes, what type of accreditation is required? Please, check all that apply as appropriate. The school s accrediting agency must be recognized by the Federal Department of Education Regional National Programmatic/specialized Clarifying comments: d. Does your agency authorize specific academic programs offered by institutions or only institutions themselves? Generally speaking we register institutions. We don t conduct in depth program review for academic integrity but we do review programs and courses for Iowaspecific implications. e. Do programs in certain subject areas require the separate approval by another state entity; for example, a professional licensing agency? Education Iowa Code Section 261B.3A, subsection 2 requires a school that offers a practitioner preparation program, i.e., an program that prepares students for initial licensure as a teacher, administrator, counselor, psychologist, speech pathologist, or librarian in an elementary or second school, to seek the approval of the Iowa Board of Education before the school may offer the program under its Iowa registration/authorization. For an out of state school that offers practitioner preparation programs to Iowa residents via distance education, Iowa Board of Education approval is not program approval or accreditation. The Iowa Board of Education s approval permits the school to apply to the Commission for registration authority to offer its program to Iowa residents and ensures that the school discloses to students that completion of the school s practitioner preparation program does not qualify the graduate for an initial license in Iowa. Page 3 of 16

4 CONTACT: Larry Bice Administrative Consultant Iowa Department of Education (515) Nursing *Approval is required if the school has a location in Iowa. Out of state schools that offer nursing related programs to Iowa residents via distance education, or that offer clinical experiences in Iowa as part of an out of state campus residential program, must contact the Iowa Board of Nursing for instructions that the school must follow. CONTACT: Kathy Weinberg Assistant Director Practice/Education Iowa Board of Nursing (515) Social Work *The program must meet requirements of Iowa administrative rule in order for a program graduate to be successfully licensed as a Social Worker; contact the Postsecondary Registration Administrator for more information. Counseling Psychology *The program must meet requirements of Iowa administrative rule in order for a program graduate to be successfully licensed as a Mental Health Counselor, Marriage and Family Therapist, or Psychologist; contact the Postsecondary Registration Administrator for more information. Allied Health Professions and related programs If the program prepares the student for licensed employment, the program may be subject to requirements of Iowa administrative rule; contact the Postsecondary Registration Administrator for more information. Others [please list] Cosmetology and barbering schools contact the Iowa Board of Cosmetology Arts and Sciences, Iowa Department of Health Schools should review the list of Iowa Licensed Occupations maintained by Iowa Workforce Development to determine whether the school s program must meet Page 4 of 16

5 certain conditions for professional licensure in Iowa and to obtain contact information for the appropriate Iowa licensing entity: The Commission reserves the right to refuse to permit a registered school to offer a program to Iowa residents that prepares students for a profession that requires professional licensure in Iowa, if the program does not meet Iowa licensure standards such that a graduate of the school s program would be required to fulfill additional coursework, field experience, or other requirements before achieving licensure. Such a school may be registered to offer other programs. 3. Exemptions a. Are certain institutions or programs exempt by law or policy from your state authorization requirements? Yes. o If yes, to which institutions or programs does the exemption apply? How does it work (please describe)? If available, please provide any pertinent web links. Most statutory exemptions apply to in state schools (Iowa Code Section 261B.11). In addition, a school that offers a distance education and that does not meet any of the conditions described in Iowa Code Sections 261B.3 and 261B.2 is not required to register. For out of state schools that offer distance education, the most common exemptions are for those that offer only isolated distance education courses, those whose programs are comprised of some online coursework but that also include mandatory residency at the school s out of state campus, and those that offer to Iowa residents only non degree, specialty vocational training programs (a statutory exemption). o If yes, how does the institution or program claim an exemption? For example, is the exemption automatic as long as it meets specified criteria, does the institution or program notify the agency and the exemption is granted, is there an application process, etc.? At this time, Iowa does not accept exemption applications from schools that offer distance education courses or programs to Iowa residents. If, after contact with the school, the Postsecondary Registration Administrator determines that the school is not subject to registration/authorization requirements, the school will be notified via e mail that it is not required to register at that time. Page 5 of 16

6 b. If an institution or program is exempt from state authorization, are there any other state requirements that an institution would need to fulfill in order to operate in your state (e.g., providing contact information, list of programs, etc.)? A school may be required to file evidence of financial responsibility under Iowa Code Section , and for a for profit school, develop a tuition refund policy for withdrawn students that complies with Iowa Code Section c. Does your state constitution or do your state laws provide any exemptions for religious institutions? very restrictive. o Are all religious institutions exempt (please describe)? NO. o Are religious institutions that award only religious degrees or certificates exempt (please describe)?, but other conditions apply. See below. o Are certain religious institutions exempt that meet other criteria (please describe)? In addition to offering programs that result only in religious degrees or certificates, a school must be affiliated with an established, bona fide, religious organization and offer instruction solely to leadership practitioners in the religious organization with which the school is affiliated (Iowa Code Section 261B.11, subsection 1, paragraph h). 4. Authorization of Distance Education a. Does your agency require purely (100%) distance education programs, including online or correspondence study programs that enroll residents of your state, to be authorized without regard to physical presence? No. b. If not, does your agency determine whether an institution must be authorized based on a physical presence ( operating ) standard? Yes. Iowa Code Sections 261B.2 and 261B.3 describe programmatic and operational presence standards for distance education program providers. Any school that is offering distance education programs to Iowa residents is strongly encouraged to contact the Postsecondary Registration Administrator Page 6 of 16

7 directly to discuss the school s programs and operational activities (or the lack thereof) in Iowa in detail, and receive written confirmation of the school s Iowa registration status. 5. Physical Presence Policy Common Triggers a. If your agency uses a physical presence standard, how does your agency define physical presence? If available, please provide a link to that policy or a citation to the relevant regulation giving that standard. Please see Iowa Code Sections 261B.2 and 261B.3. Also see the web sites below for a non exhaustive description of conditions that trigger registration: 1b.html#DistanceEducation 1b.html#SchoolActivities b. Please specify whether any of the following activities would constitute a physical presence or signify operating in your state, assuming that the named activity is the institution s sole activity in your state. Please answer yes or no to each question. In addition you may provide a short explanation of any ambiguity. INSTRUCTIONAL ACTIVITIES o Hosting short term, face to face, seminars or conferences in the state where students meet in person? Yes for distance education if the face to face experience is necessary for program completion and it is structured (e.g., there is a paid or unpaid preceptor, facilitator or other supervisor at the Iowa site that provides feedback to the school) No for residential programs provided the school compensates no one at the Iowa location to provide instruction or supervision. o Permitting a student to complete an internship, externship, field experience, or clinical practicum organized by the institution? Yes for distance education if the field experience is necessary for program completion and it is structured (e.g., there is a paid or unpaid preceptor, facilitator, or other supervisor at the Iowa site that provides instruction or feedback to the school) No for residential programs provided the school compensates no one at the Iowa location to provide instruction or supervision. Page 7 of 16

8 o Does this apply only to distance education students or more generally? More generally. o Permitting a student to complete an internship, externship, field experience, or clinical practicum found by the student acting independently? Yes for distance education if the field experience is necessary for program completion and it is structured (e.g., there is a paid or unpaid preceptor, facilitator, or other supervisor at the Iowa site that provides instruction or feedback to the school) No for residential programs provided the school compensates no one at the Iowa location to provide instruction or supervision. o Does this apply only to distance education students or more generally? More generally PROPERTY IN THE STATE o Maintaining a location (physical building) in the state that is used for instructional activity? o Maintaining a location (physical building) in the state that is used ONLY for non instructional activity (administration, recruitment, etc.)? o Housing ONLY computer servers or other equipment at a physical location in the state? o Maintaining an in state address or phone number, regardless of use? RECRUITING ACTIVITIES o Organized, consistent, on the ground recruiting of students in the state by employees or agents of the institution? Placing a recruiter in Iowa requires registration whether the recruiting activities are for the school s distance education or out of state, campusbased residential programs. Page 8 of 16

9 o What if the agent is only recruiting students in the state on an occasional basis (i.e. at job fairs)? Yes for distance education. No for residential programs, provided the recruiting activities at an Iowa location are occasional and short term. THIRD PARTY AGREEMENTS/CONTRACTS o Having a contract/agreement between the institution and in state institutions or in state entities to provide services for students (i.e. library, gym, computer centers, etc.)? It depends contact the Postsecondary Registration Administrator. o Requiring a student to take a proctored exam at a location or with an entity in the state prescribed by the institution? NO, not solely based on this condition. o Requiring a student to take a proctored exam with an entity in the state chosen by the student but approved by the institution? NO, not solely based on this condition. ADVERTISING o Advertising in local media sources that are largely viewed by residents of the state? It depends contact the Postsecondary Registration Administrator. School may be required to file evidence of financial responsibility. o Advertising in national media sources that can be accessed by residents of the state? No. School may be required to file evidence of financial responsibility. EMPLOYMENT IN THE STATE o Employing full time faculty in the state to provide instruction via distance education programs to students in the state? o What about adjunct faculty? o Employing full time faculty in the state to provide instruction via distance education programs solely to students outside of the state? Page 9 of 16

10 o What about adjunct faculty? o Employing mentors, tutors, or preceptors in the state to aid students, who are residents of the state, on an individual basis? Preceptor this is a word commonly used to describe a person at a field experience site who provides the student with supervision or instruction. In that case: for distance education, whether the preceptor is paid or unpaid, because of the preceptor s role in structured field experience at an Iowa location NO for residential programs if the school does not compensate the preceptor For all other circumstances, contact the Postsecondary Registration Administrator. OTHER o Other [please explain] c. Of the activities or conditions listed above that alone would not constitute a physical presence, are there any that, if combined, would create a physical presence? No. 6. Application Process a. Please provide a short description of the application process to obtain state authorization. If available, please provide web links to the specific references to all applicable state laws, regulations, manuals, forms, or other pertinent documents. Iowa Code Chapter 261B, Iowa Code Sections , , and Iowa Administrative Code (261B) Registration Application BInitialApplicationExemptionClaim.pdf Financial Responsibility or Exemption Claim Application SchoolStatementandExemption.pdf Page 10 of 16

11 Contact the Postsecondary Registration Administrator with questions or to request assistance. b. Generally, how long does it take to approve applications (assuming that the agency has received all required information from the institution)? Please provide a typical range if appropriate. For registration applications, approximately six months. c. What is the authorization duration? Two years, for all initial or renewal registration approvals granted on and after July 1, 2012 d. What does an institution need to do to maintain authorization? Renew registration every two years. Maintain compliance with required policies and other applicable provisions of Iowa Code; avoid sanctions by accrediting agency and other state licensing authorities; and avoid limitation, suspension or termination action by the federal Department of Education. e. What kinds of information or data must an institution report to your agency as a condition for continued authorization? How frequently is this reported or updated? Is this information published or shared publicly? Per Iowa Code Section 261B.5, a school must report changes in the information it submitted with its registration application within 90 days of the change. This information includes but is not limited to a change in the identity of the school s CEO, a program addition or closure, and for a distance education provider, the establishment of a location at which an Iowa resident will participate in a field experience. A school that changes location, accreditation, or adds on a program that requires the approval of another Iowa state agency must formally apply for and receive approval of an addendum to its registration. All data collected from a school pursuant to the school s registration is available to the public upon request, or in the case of the school s registration application, posted for public viewing on the Commission s website at ations.html f. Can an institution lose its authorized status? If so, how? : a school may lose its authorized status due to sanctions imposed by its accrediting agency or another state authorizing entity; limitation, suspension, or termination action by the federal Department of Education; failure to comply Page 11 of 16

12 with policies required of a registered school; failure to comply with other applicable provisions of Iowa law. g. Can a multi institutional system or college corporation apply to your agency for authorization on behalf of all of its component institutions? If so, please describe the process. NO Public institutions are exempt from the state s independent financial responsibility requirements. The Commission will accept a single financial responsibility exemption claim request on behalf of all institutions in a public college or university system. h. Would multi institution public systems be treated the same as multi location forprofit institutions? Yes. We do not accept multi institutional registration/authorization applications from any sector. i. What distinctive features in your authorization process would be useful for applicants to know (e.g., certain times during the year that you process applications for authorization, sharing of applications or information about proposed programs with institutions or other stakeholders in your state for comment)? Iowa Code does not require the Commission to solicit commentary about registration applicants from other Iowa entities. Applications are accepted at any time of year and processing is initiated based on order of receipt. Registration application evaluations are a desk audit conducted by the Postsecondary Registration Administrator, who makes registration recommendations to this agency s board of Commissioners for final approval. The board of Commissioners meet every other month (January, March, May, July, September, November). Registration terms begin upon the date of registration approval by this agency s board of Commissions and end two calendar years later. j. Is your agency currently planning to amend its application process by the end of 2013? NO o If yes, please provide a brief description of the anticipated change. o If yes, when does the agency expect the change to be fully implemented? Page 12 of 16

13 7. Fees Associated with Authorization a. COST TO APPLY. Is there an application fee to initiate the authorization process? If so, what is the fee or fee schedule? Please provide a web link if available. NO b. COST FOR INITIAL AUTHORIZATION. Is there an authorization fee to complete the initial authorization? If so, what is the fee or fee schedule? Please provide a web link if available. $2000 for a 2 year term, effective for initial or renewal registration granted on/after July 1, 2012, and due upon initial registration approval or renewal approval c. COST TO RENEW. What are the costs, if any, to renew authorization? $2000 for each 2 year renewal term d. COST FOR EXEMPTION. What are the costs, if any, to receive a waiver or exemption from authorization? NONE e. OTHER COSTS. Are there any other costs associated with the state authorization process (e.g. site visits, hiring a reviewer, surety bond, tuition recovery fund, agent licensing, etc.)? $1000 for a substantive amendment during a registration term (i.e., a change in location, accreditation, or the addition of a program that requires the approval of another Iowa state agency) We do not register school agents. Iowa categorizes agents as recruiters, and requires the institution to register based on recruiting activities as described in page 8 under Recruiting Activities. A school that must file evidence of financial responsibility incurs the cost of securing from a private insurance or bonding agency a continuous corporate surety bond payable to the State of Iowa in the amount of $50, Interstate Reciprocity a. Do your state regulations explicitly prohibit interstate reciprocal agreements about authorization? If so, please describe. NO, although we will not consider participation in reciprocal agreements without a change in Iowa Code since Iowa Code Chapter 261B explicitly designates responsibility for registration/authorization in Iowa solely to the Commission. Page 13 of 16

14 b. Do your state regulations explicitly allow interstate reciprocal agreements about authorization? If so, please describe. NO o What is the process, if any, to obtain a reciprocal agreement with your state? N/A o Are there any reciprocal agreements currently in place or under consideration? If so, please list those agreements. N/A o If there are any reciprocal agreements in place or under consideration by your agency, what is the scope of the agreement for instance, do they cover reciprocation with single agency, a set of agencies, a single state, multiple individual states, all states in a regional compact, all states in the US, etc.? N/A o Is your agency engaged with any of the three national reciprocity agreement initiatives: President s Forum/CSG; WICHE/Regionals; or the Distance Education Commission? What is the current status of your engagement? NO c. If interstate reciprocal agreements are not addressed in your regulations, would your agency consider establishing such agreements? Please elaborate. No comment at this time. 9. Consumer Protection and Student Complaints a. Does your agency have a process for handling complaints about postsecondary institutions or programs? o If yes, please describe the process or provide a web link to the material that describes the complaint process. o If yes, 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)? o If available, please provide a web link to the complaint form. See above Page 14 of 16

15 o Who is the contact person for receiving complaints? Please include name, title, address, phone, and if available. Carolyn Small Postsecondary Registration Administrator b. If your agency has no formal process for handling complaints related to postsecondary institutions, what state agency would handle a complaint? N/A 10. Enforcement a. If your agency finds that an institution or program is operating in your state without authorization, what is the resulting warning or enforcement action? Per Iowa Code Section 261B.12: 1) Order the school to show cause why the Commission should not issue a cease and desist order to the school 2) The Commission may issue a cease and desist order if the Commission believes the school to be in violation of Iowa Code Chapter 261B 3) The Commission may seek judicial enforcement of the cease and desist order in any district court if the school does not cease and desist 4) A violation of Iowa Code Chapter 261B constitutes an unlawful practice pursuant to Iowa Code Section b. Can an institution or program appeal a warning or enforcement action? If yes, please describe the process or provide web links to the regulations/policies. Per Iowa Code Section 261B.3, the Commission makes the final decision on each registration. However, the decision of the Commission is subject to judicial review in accordance with Iowa Code Section 17A Legislative or Regulatory Changes a. Is your agency or state legislature planning to amend its regulations or alter its physical presence policy by the end of 2013? The Commission has no plans to propose substantive Code (law) changes in The Commission may propose administrative rule changes and clarifications. o If yes, please provide a brief description of the anticipated change. Under review. Page 15 of 16

16 If yes, when does the agency expect the change to be fully implemented? To be determined b. Is your agency or state legislature making changes in your state regulations or statutes so that institutions with locations in your state would be considered legally authorized in accordance with the federal institutional eligibility regulations? NO o If yes, please provide a brief description of the anticipated change. o If yes, when does the agency expect the change to be fully implemented? c. Is your agency or state legislature making any other changes in your state regulations or statutes with regard to state authorization? NO o If yes, please provide a brief description of the anticipated change. o If yes, when does the agency expect the change to be fully implemented? 12. Is there anything else about the authorization process in your state that we and others ought to know about? Schools should feel welcome to contact the Postsecondary Registration Administrator by phone or e mail if questions arise, clarification or assistance is needed. Compliance officers at the individual campuses of state university systems are invited to contact the Postsecondary Registration Administrator for a mutually agreeable teleconference date and time to discuss registration implications for each system campus. Page 16 of 16

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