Postsecondary State Authorization

Any postsecondary school who desires to obtain state authorization under 34 CFR 600.9.

A certificate issued by the division to a postsecondary school in accordance with the provisions of Utah Code Ann. §13-34a.

Section 13-34a-203 applies to nonprofit postsecondary institutions whether they are private or public.  The postsecondary school must provide documentation that it is nonprofit and has been in continuous operation as a nonprofit for at least 20 years.  This section applies to in state and out of state nonprofit private postsecondary schools, and out of state nonprofit public postsecondary schools that desire to obtain State Authorization from the State of Utah.

Section 13-34a-204 applies to any other postsecondary school operating in Utah either in state or out of state.

Certificates issued to schools that fall under Section 13-34a-203 do not expire.  Certificates issued to schools that fall under Section 13-34a-204 expire one year after the day on which the certificate of postsecondary state authorization is issued.  However, both are subject to denial, revocation, and suspension under the terms described in 13-34a.

If the school continues to desire to maintain state authorization under 34 CFR 600.9 the school shall submit the application annually if it falls under Section 13-34a-204.

The Division does not define physical presence; however, the Utah Postsecondary State Authorization Act defines operate in 13-34a-102(8).  Operate means to maintain a place of business in the state; conduct significant educational activities within the state; or provide postsecondary education to a Utah resident that: is intended to lead to a postsecondary degree or certificate; and is provided from a location outside the state by correspondence or telecommunications or electronic media technology.

If there is a change in circumstances that affects the status of the postsecondary school, the postsecondary school shall notify the division in writing of the change within 30 days after the day on which the change occurs.

Yes.  The Division can investigate postsecondary schools pursuant to the Utah Postsecondary State Authorization Act and the Utah Consumer Sales Practices Act, and any other statute enforced by the Division.

The postsecondary school shall provide each student or prospective student written information regarding how to file a complaint against the postsecondary school with the Division, its accrediting body and its approval or licensing entity.

To satisfy the requirements, a postsecondary school may place a conspicuous link on the postsecondary school’s website that links to the contact information of each entity or a third party’s website that states the contact information for each entity.

If a postsecondary school maintains more than one physical campus in the state, the postsecondary school will need to file a separate registration form for each physical campus in the state.

A certificate of postsecondary state authorization is not transferrable.  If the postsecondary school's ownership or governing body changes after the postsecondary school obtains a certificate of postsecondary state authorization, the postsecondary school shall submit a new completed registration form within 60 days after the day on which the change in ownership or governing body occurs.

If a postsecondary school ceases to operate, no later than 30 days after the day on which the postsecondary school determines it will cease to operate, the postsecondary school shall give the division written notice that includes:

1. the date on which the postsecondary school will cease to operate,
2. a written certification signed by the postsecondary school's owners or officer, that the postsecondary school is compliant and will continue to be compliant with the postsecondary school's accrediting agency's closure requirements;
3. a copy of any teach-out plan as defined under 34 C.F.R. Sec. 602.3, approved by the postsecondary school's accrediting agency; and
4. to the extent permitted by law: a current list of students residing in the state who are enrolled in the postsecondary school; and
5. a list of the one or more programs in which the student is enrolled and the student's anticipated graduation date.

After a postsecondary school submits a written notice, the postsecondary school may not recruit or enroll new students in the state.

If a postsecondary school that ceases operation has a student transcript or student diploma, the postsecondary school shall provide for the storage of the transcript or student diploma for at least 60 years; and make the student transcript or student diploma available to the same extent that an education record is available under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 00.

Unless the school decides to change its status, the exempt status under the Postsecondary Proprietary School Act remains effective.  The law change does not affect an exemption previously issued to a postsecondary proprietary school by the Division.  However, the exemption only applies to Chapter 34 of Title 13, and not to Chapter 34a of Title 13 related to State Authorization.