May 2015 saskatchewan.ca

Transcription

1 Proposed Amendments to The Degree Authorization Regulations May 2015 saskatchewan.ca

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3 Table of Contents Introduction...1 Amendment of the Act... 1 Amendment of the Regulations Section 3 of the Regulations Exemptions pursuant to subsection 4(3) of the Act Subsection 7(4) of the Regulations....4 Section 31 of the Regulations, Theological Degrees Table 3 Nomenclature for Undergraduate Theological Degrees...5 Table 1 Exemptions pursuant to subsection 4(3) of the Act

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5 Proposed Amendments to The Degree Authorization Regulations Introduction On October 29, 2012, The Degree Authorization Act (Act) was proclaimed and The Degree Authorization Regulations (Regulations) came into force. The Ministry of Advanced Education administers the Act and Regulations and has determined that changes are required to both. While this document focuses on proposed amendments to the Regulations, following is a brief update regarding the amendment of the Act, since it is of direct relevance to one of the proposed regulatory amendments. Amendment of the Act The Ministry has determined that the grandfathering period needs to be extended to give grandfathered institutions more time to come into compliance with the legislation in ways that will not adversely affect students. Presently, the end date of the grandfathering period is specified in both the Act (subsection 4(3)) and the Regulations (section 3). Subsection 4(3) of the Act currently reads as follows: What does grandfathering mean? Grandfathering involves temporarily exempting an institution from the application of the Act for a specific period, enabling the institution to take measures to come into compliance with the Act. Grandfathered institutions are listed in Table 1 of the Regulations. (3) Notwithstanding subsection (1), an educational institution that, as at December 1, 2011, was directly or indirectly advertising or providing a degree program in Saskatchewan may continue, with an authorization, to carry out that activity until November 30, 2016 if the educational institution and the degree program are exempted by the regulations. Subsection 4(3) of the Act is being amended by replacing November 30, 2016 with the prescribed date. With this change, the end date of the grandfathering period will be specified only in section 3 of the Regulations. One of the proposed amendments to the Regulations is to amend section 3 to change the end date of the grandfathering period from November 30, 2016 to June 30, In spring 2014, the Ministry consulted with the Saskatchewan post-secondary education sector and with the public on the proposed amendment of the Act and no concerns or objections were raised. Consequently, in late October 2014, Bill 143, The Degree Authorization Amendment Act, 2014 was introduced in the fall session of the legislature. Debate on the Bill continued in the spring 2015 Session of the Legislature, with the Bill receiving Royal Assent on May 14, May

6 Consultation Document Amendment of the Regulations In spring 2014, while consulting on the amendment of the Act, the Ministry also consulted on the following three proposed changes to the Regulations: 1. Revisions to Table 1, the list of grandfathered educational institutions and programs; 2. Revisions to section 31 and Table 3, the nomenclature requirements for undergraduate theological degrees; and 3. As a housekeeping measure, the repeal of subsection 7(4) which specifies the review fees for the first degree applications from SIAST (now Saskatchewan Polytechnic) and Briercrest College and Seminary. As a result of feedback received during the 2014 consultations, the Ministry decided to take a different approach to amending the nomenclature requirements for undergraduate theological degrees. Accordingly, the Ministry is conducting this second round of consultations to solicit feedback on the revised approach. In addition, with the amendment of subsection 4(3) of the Act now complete, the Ministry has included in this regulatory amendment proposal the amendment of section 3 of the Regulations to extend the grandfathering period. The revised set of regulatory amendments now includes the following: The revision of section 3 to extend the end date of the grandfathering period from November 30, 2016 to June 30, 2020; As a housekeeping measure, the repeal of subsection 7(4), which specifies the review fees for the first degree applications from SIAST (now Saskatchewan Polytechnic) and Briercrest College and Seminary; Revisions to section 31 and Table 3, which specify the nomenclature requirements that apply to undergraduate theological degrees, and the addition of a new Table 4 to specify restricted nomenclature; and Revisions to Table 1, the list of grandfathered institutions and programs. Following are more detailed descriptions of the proposed amendments and the rationale for them. 2 saskatchewan.ca

7 Proposed Amendments to The Degree Authorization Regulations Section 3 of the Regulations Exemptions pursuant to subsection 4(3) of the Act Section 3 of the Regulations currently reads as follows: Exemptions pursuant to subsection 4(3) of the Act (3) For the purposes of subsection 4(3) of the Act, the educational institutions and degree programs listed in Table 1 are exempt from the application of the Act until November 30, It is proposed that section 3 of the Regulations be revised by replacing November 30, 2016 with June 30, Having administered the Act and Regulations for just over two years, the Ministry has determined that an extension of the grandfathering period is required to provide three of the four currently grandfathered institutions with additional time to come into compliance with the legislation in ways that will not negatively impact students. The extension of the grandfathering period will serve different purposes for these three institutions: For Briercrest, the extension will provide additional time for the institution to apply for authorization of several of its undergraduate theological degrees that are currently named in a way that does not meet the nomenclature requirements for such degrees. With only two years remaining in the currently specified grandfathering period, it is not feasible for Briercrest to apply for, and receive, authorization for all of the degrees in question, based on the process for degree authorization. For Cape Breton University, which partners with Great Plains College to offer a Master of Business Administration (MBA) degree in Saskatchewan, the extension will give the University a reasonable period of time in which to apply for authorization, if that is what it intends to do. Cape Breton University was not able to seek authorization when the Act was first proclaimed because there were no quality assurance standards in place for graduate-level degrees. In 2014, the Saskatchewan Higher Education Quality Assurance Board (SHEQAB) developed standards for graduate-level degrees, which were subsequently approved by the Minister of Advanced Education in May Athabasca University was originally grandfathered due to uncertainty about whether or not some of its distance education/outreach activities might be subject to the Act. The extension to the grandfathering period will provide Athabasca University with additional time to determine if there are any compliance issues that must be addressed. May

8 Consultation Document Lakeland College, the fourth grandfathered institution, was originally grandfathered to allow sufficient time to determine if the College had a physical presence in our province. It has since been determined that Lakeland College does not have a physical presence; therefore, it is proposed that Lakeland College be removed from Table 1 (See Table 1 Exemptions pursuant to subsection 4(3) of the Act for more information). Subsection 7(4) of the Regulations Subsection 7(4) of the Regulations currently reads as follows: 7(4) In the case of a full review, the minister may waive a portion of the review fee, to a maximum of $25,000, for the review of a first degree program application by: (a) the Saskatchewan Institute of Applied Science and Technology; or (b) Briercrest College and Seminary. What does physical presence mean? Section 3 of the Act states the criteria used to determine whether or not an institution has a physical presence in Saskatchewan. Physical presence could involve an institution having a head office Saskatchewan; having a Saskatchewan postal address, telephone or fax number; occupying real property in Saskatchewan; or employing or contracting with individuals in Saskatchewan to provide a degree program or grant degrees. Physical presence requirements are intended to cast a wide net to impede the operation of organizations attempting to offer fraudulent credentials. Subsection 7(4) was included in the Regulations to acknowledge the significant contributions that both SIAST (now Saskatchewan Polytechnic) and Briercrest made to the development of the quality assurance review process through their participation in case studies in It is proposed that subsection 7(4) be repealed since it is no longer required. In 2013, the Minister waived $25,000 of the $45,000 quality assurance review fee applicable to the first applications for authorization submitted by SIAST and Briercrest. 4 saskatchewan.ca

9 Proposed Amendments to The Degree Authorization Regulations Section 31 of the Regulations, Theological Degrees Table 3 Nomenclature for Undergraduate Theological Degrees Section 2(d) of the Act excludes theological degree from the types of degrees to which the Act applies. This means that theological degrees offered by the province s private theological colleges are not required to be authorized under the Act and therefore are not subject to quality assurance review by the SHEQAB. However, subsection 23(m) of the Act does provide authority for regulations governing the naming of undergraduate theological degrees to be granted in Saskatchewan, reflecting government s interest in helping students, parents, employers, and others distinguish between theological and non-theological degrees so that they will know which degrees have undergone a quality assurance review. Section 31 and Table 3 of the Regulations currently address nomenclature requirements for undergraduate theological degrees as follows: Theological degrees 31 Any undergraduate theological degree to be granted in Saskatchewan must be given a name that adheres to the nomenclature set out in Table 3. Table 3 [Section 31] Nomenclature for Undergraduate Theological Degrees For programs oriented towards ministerial leadership: Bachelor of Theology (BTh) Bachelor of Ministry (BMin) Bachelor of Religious Education (BRE) Bachelor of Sacred Music (BSM) Bachelor in specialized ministry (such as Bachelor of Arts in Youth Ministry, Bachelor in Children s Ministry, Bachelor in Worship Ministry) For programs oriented towards general theological studies: Bachelor of Theology (BTh) Bachelor of Biblical Studies (BBS) Bachelor of Christian Studies (BCS) What is a theological degree? Although not defined in either the Act or the Regulations, a theological degree is generally considered to be a degree that is oriented towards ministerial leadership or towards general theological studies. May

10 Consultation Document In 2014, the Ministry proposed amendments to section 31 and Table 3 to clarify intent with respect to the use of the title Bachelor of Arts and to introduce a measure of flexibility for accommodating nomenclature that, while not including words that denote the theological nature of the degree, is commonly used within the broader theological college sector (e.g., Bachelor of Arts in Intercultural Studies ). During the 2014 consultations, the Ministry also consulted with Alberta and British Columbia, as required under the terms of the New West Partnership Trade Agreement. Both jurisdictions support a differentiation of nomenclature for theological and non-theological (secular) degrees, and some important considerations emerged from the feedback they provided. For example: Alberta does not allow the use of the Bachelor of Arts title for degrees in divinity (the term used in Alberta to refer to theological degrees); rather, degrees in divinity offered by faith-based institutions in Alberta are commonly titled Bachelor of.. Bachelor of Arts in Religious Studies (and variations) is nomenclature that is commonly used by public secular universities across Canada for programs that involve the study of religion(s) in a broader context. To further explore nomenclature issues, the Ministry surveyed the nomenclature used by both theological and secular institutions across Canada. Findings revealed inconsistencies and overlaps that illustrate a lack of differentiation in the nomenclature of theological and non-theological degrees at the pan-canadian level. Collectively, six Saskatchewan private theological colleges offer a total of 14 Bachelor of Arts degrees with various specializations. Theological colleges in the province have used the Bachelor of Arts title for many years and the Ministry does not wish to impose a higher level of regulation on the sector than has been government s practice. However, in the interests of supporting nomenclature differentiation within Saskatchewan, the Ministry proposes that the use of Bachelor of Arts in Religious Studies and Bachelor of Arts in Religion and (and variations of these titles, as noted below) not be used for theological degrees, since such nomenclature is commonly used for secular degrees, including degrees offered by the University of Saskatchewan and the University of Regina. The proposed amendments to the nomenclature requirements are as follows: Section 31 of the Regulations to be revised to read as follows: Theological Degrees 31(1) Subject to subsections (3) and (4), any undergraduate theological degree to be granted in Saskatchewan may be named Bachelor of (descriptor) or Bachelor of Arts in (descriptor) or Associate of Arts in (descriptor), provided the descriptor clearly denotes the theological nature of the undergraduate degree. (2) Examples of acceptable nomenclature for the purposes of subsection (1) are set out in Table 3. 6 saskatchewan.ca

11 Proposed Amendments to The Degree Authorization Regulations (3) The name of a theological degree need not include words of a theological nature if the resulting name is listed in Table 3. (4) A theological degree shall not be given a name that is set out in Table 4. As amended, subsection 31(1) makes it explicit that in addition to the Bachelor of title, both Bachelor of Arts and Associate of Arts titles are acceptable for use, provided the descriptor supports differentiation. Acceptable descriptors will include words such as biblical, sacred, pastoral and Ministry, words that denote the theological nature of the degree. For example, the degree name Bachelor of Arts in Music would not be considered acceptable for a theological degree; whereas Bachelor of Arts in Sacred Music would meet the nomenclature requirement. What is an associate degree? An associate degree is an undergraduate academic degree that typically involves two years of study and the completion of 60 to 66 credits. It is often considered equivalent to the first two years of a four year degree. Associate degrees are common throughout the United States. In Canada, they are offered in British Columbia and in Saskatchewan by Briercrest. Subsection 31(3) has been added to allow for nomenclature that does not include words of a theological nature but is nevertheless in common use within the broader theological sector. Table 3 lists three degree names that will be considered acceptable pursuant to subsection 31(3): Associate of Arts in Intercultural Studies; Bachelor of Arts in Intercultural Studies; and Bachelor of Bi-Vocational Studies. Apart from these three degree names, if a theological college wishes to use other nomenclature that does not include words of a theological nature, Table 3 will have to be amended, through the regulatory amendment process, to accommodate the use of such nomenclature. Subsection 31(4) has been added to restrict nomenclature that does not support differentiation. May

12 Consultation Document Table 3 to be revised to read as follows: Table 3 Examples of Acceptable Nomenclature for Undergraduate Theological Degrees Associate of Arts in Biblical Studies Associate of Arts in Intercultural Studies Bachelor of Biblical Studies Bachelor of Christian Ministry Bachelor of Pentecostal Studies Bachelor of Arts in Biblical Studies Bachelor of Arts in Christian Leadership Bachelor of Arts in Christian Ministry Bachelor of Arts in Christian Studies Bachelor of Arts in Pastoral Ministries Bachelor of Arts in Strategic Ministries Bachelor of Arts in Worship Arts Bachelor of Arts in Intercultural Studies Bachelor of Bi-Vocational Studies Table 3 lists examples of acceptable nomenclature. The names Associate of Arts in Intercultural Studies, Bachelor of Arts in Intercultural Studies, and Bachelor of Bi- Vocational Studies have been added to the list, consistent with subsection 31(3). A new Table 4 to be added as follows: Table 4 Nomenclature that Cannot be Used for Undergraduate Theological Degrees Bachelor of Arts in Religious Studies Bachelor of Arts in Religious Studies (and any other subject(s)) Bachelor of Arts in Religion Bachelor of Arts in Religion (and any other subject(s)) To further support differentiation, Table 4 lists nomenclature that cannot be used for undergraduate theological degrees in Saskatchewan, since these degree titles are used by many post-secondary institutions in Canada to denote secular degrees, as illustrated by the following examples: Bachelor of Arts in Religious Studies University of Regina University of Alberta University of Victoria McMaster University McGill University Queen s University Cape Breton University 8 saskatchewan.ca

13 Proposed Amendments to The Degree Authorization Regulations York University University of British Columbia Bachelor of Arts in Religion University of Toronto Concordia University Brandon University Carleton University University of Manitoba Bachelor of Arts in Religion and Culture University of Saskatchewan Bachelor of Arts in Philosophy and Religion University of Alberta Bachelor of Arts in Religion, Literature and the Arts University of British Columbia May

14 Table 1 Exemptions pursuant to subsection 4(3) of the Act Table 1 currently reads as follows: Table 1 [Section 3] Exemptions pursuant to subsection 4(3) of the Act Consultation Document Educational Institution Athabasca University Great Plains College, in partnership with Cape Breton University Lakeland College Briercrest College and Seminary Program Tutoring arrangements in Saskatchewan Master of Business Administration program provided on the Warman campus All programs Bachelor of Arts in Global Studies It is proposed that Table 1 be revised to read as follows (changes are italicized): Table 1 [Section 3] Exemptions pursuant to subsection 4(3) of the Act Educational Institution Athabasca University Cape Breton University, in partnership with Great Plains College Briercrest College and Seminary Program Tutoring arrangements in Saskatchewan Master of Business Administration program provided on the Warman campus Associate of Arts Humanities Associate of Arts Music Bachelor of Arts Music Associate of Arts Social Sciences Bachelor of Arts Applied Linguistics Bachelor of Arts Business Administration Bachelor of Arts General Studies 10 saskatchewan.ca

15 Proposed Amendments to The Degree Authorization Regulations Note that: a) Lakeland College has been removed from Table 1 (see page 4 of this document). b) The order in which Great Plains College and Cape Breton University are listed has been reversed. Cape Breton University is the degree-granting institution and is therefore the institution that is grandfathered. c) Briercrest s Bachelor of Arts in Global Studies program has been removed from the list. Briercrest has changed the name of this degree to Bachelor of Arts in Intercultural Studies. The new nomenclature is considered acceptable as per the proposed new 31(3) and revised Table 3 (see page 8 of this document). d) Seven other Briercrest degrees have been added to Table 1, since the nomenclature of the degrees does not comply with the requirements of Table 3 for undergraduate theological degrees. These degrees were inadvertently overlooked when the Regulations were originally written. May

16 Proposed Amendments to The Degree Authorization Regulations May 2015 saskatchewan.ca