Responses Last Confirmed:

Montana Office of the Commissioner of Higher Education

Agency Contact

Hannah Tokerud
406-449-9173
stateauthorization@montana.edu

Additional Contact

Joseph Thiel

Secretary of State Contact

Christi Jacobsen
406-444-2034
sos@mt.gov
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
____    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
_X__    Religious institutions
____    Tribally-controlled institutions
____    Federal Institutions
____    Municipal institutions

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

No response provided

_X__ Institution   _____ Program   _____ Both

c.
Clarifying comments:

Montana grants exemptions to religious institutions in accordance with Federal definitions.

Topic

3: Accreditation

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

Yes

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
_____ 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
__X__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

 

c.
Clarifying comments:

Accreditation, candidacy for accreditation, or an MOU with an accredited institution which will grant degrees until candidacy is achieved is required. Religious institutions may be exempt if their program offerings are solely religious in nature.

Topic

4: Exemptions

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

Authorization requirements do not apply to:

• Religious institutions that are owned, controlled, operated and maintained by a religious organization lawfully operating as a non-profit religious corporation and that award only religious degrees or certificates;

• Schools of barbering, cosmetology, electrology, esthetics, and manicuring, which are regulated under Title 37, Chapter 31, MCA;

• Flight schools possessing a valid certificate issued by the Federal Aviation Administration; and

• Institutions domiciled in states other than Montana that are duly-authorized members of the State Authorization Reciprocity Agreement (Note: this exemption does not apply if the institution has a physical presence in Montana, as defined by section 5 of the State Authorization Reciprocity Agreements: Policies and Standards).

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

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?

Yes

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

N/A

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

Yes

d.
Clarifying comments:

No response provided

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.

No response provided

c.
Clarifying comments:

No response provided

Topic

7: Student Complaints - SARA Participating Institutions

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

Individuals with complaints regarding institutions that are operating in Montana, but are not part of the Montana University System, have the following options:

  • Utilize the internal complaint processes of the applicable institution.
  • Complaints concerning consumer protection violations should be directed to the Montana Department of Justice Office of Consumer Protection. https://dojmt.gov/consumer/consumer-complaints/
  • Complaints concerning proper licensure under Montana law (see Board of Regents’ Policy 221, http://www.mus.edu/borpol/bor200/221.pdf), including, if applicable, complaints related to State Authorization Reciprocity Agreement standards, may be directed to the Montana University System Office of the Commissioner of Higher Education, 560 N. Park Avenue, PO Box 203201, Helena, Montana 59620-3201, 406-449-9124.
  • Complaints concerning broad institutional academic practices, such as those that raise issues regarding the institution’s ability to meet accreditation standards may be directed to the applicable institution’s accrediting agency.
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 regarding SARA participation 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?
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?

No response provided

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.)?

We divide responsibility. Please see language below.

Individuals with complaints regarding institutions that are operating in Montana, but are not part of the Montana University System, have the following options:

  • Utilize the internal complaint processes of the applicable institution.
  • Complaints concerning consumer protection violations should be directed to the Montana Department of Justice Office of Consumer Protection. https://dojmt.gov/consumer/consumer-complaints/
  • Complaints concerning proper licensure under Montana law (see Board of Regents’ Policy 221, http://www.mus.edu/borpol/bor200/221.pdf), including, if applicable, complaints related to State Authorization Reciprocity Agreement standards, may be directed to the Montana University System Office of the Commissioner of Higher Education, 560 N. Park Avenue, PO Box 203201, Helena, Montana 59620-3201, 406-449-9124.
  • Complaints concerning broad institutional academic practices, such as those that raise issues regarding the institution’s ability to meet accreditation standards may be directed to the applicable institution’s accrediting 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)?

Yes

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

Yes

c.
Clarifying comments:

$10,000 Surety bond required for institutions who lack a Federal Financial Responsibility Score of 1.0 or greater.

Topic

10: Tuition Refund Policy

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

No

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?

We have no annual reporting procedure. Institutions are responsible for notifying the Office of the Commissioner should their accreditation, ownership, or financial situation change.

b.
How frequently do institutions report data?

No response provided

c.
Is this information published or shared publicly?

No response provided

d.
Web link for reporting.

No response provided

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.

Any institution offering post-secondary degree programs, as defined in Policy 221, in the state of Montana must obtain prior authorization from the Montana Board of Regents of Higher Education.

Montana Board of Regents Policy 221

After reviewing the requirements and policies, fill out the applicable form, save it, and email it to the Montana State Authorization Compliance Officer.

State Authorization Application - Public Institutions
State Authorization Application - For-profit/non-profit Institutions

If the Montana State Authorization Compliance Officer informs your institution that it will need to secure a surety bond, please use the following form:

Montana Board of Regents of Higher Education Surety Bond for Postsecondary Educational Institutions

Once completed, please send the original bond to:

Office of the Commissioner of Higher Education
Attn: Hannah Tokerud
560 N. Park Ave
Helena, MT 59601

The Montana State Authorization Compliance Agent will attempt to respond to all inquiries and submissions within 20 days of receipt.

c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

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

No Fees

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

No response provided

c.
Web link for fee information.

No response provided

d.
Clarifying comments:

No response provided

Topic

16: Records Retention

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

The following language is included in policy 221

Procedures Applicable to Closure of Institution.

1. Notification. In the event an institution closes and ceases operations, the chief administrative officer is required to provide timely notification, in writing, to the Office of the Commissioner of Higher Education and currently enrolled or recruited students of its intentions. The written notification to the Office of the Commissioner of Higher Education must include:

· Name, mailing address, email address and telephone number of the chief administrative officer (or designee), valid for post-closure communications;

· The date on which the institution will officially close;

· A written plan for access to and preservation of permanent records;

· What actions the institution plans to take in regards to its students;

· A report of the status of all students currently enrolled and those students on leave of absence whose education and training program will not be fully completed by the date of the institution’s closure;

· A written statement from the chief administrative officer affirming that all recruitment efforts, program marketing, advertisement, solicitation and enrollment of new students has ceased.

2. Transcripts. a. Institutions domiciled in the State of Montana. Those institutions physically domiciled in Montana must provide to the Office of the Commissioner of Higher Education all student transcripts in its possession. The Office of the Commissioner of Higher Education shall maintain all such records for a period of twenty years from receipt. b. Institutions domiciled in states other than Montana. Those institutions physically domiciled in states other than Montana must provide to the Office of the Commissioner of Higher Education all student transcripts in its possession that relate to residents of the State of Montana. The Office of the Commissioner of Higher Education shall maintain all such records for a period of twenty years from receipt.

b.
From what agency do students request their transcripts/records from a closed school?
  • Contact Name: Hannah Tokerud
  • Title: Associate Legal Counsel
  • Agency: Montana University System – Office of the Commissioner of Higher Education
  • Address: 560 N Park Avenue, Helena MT 59601
  • Email: stateauthorization@montana.edu
  • Phone: 406-449-9173
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