Responses Last Confirmed:

District of Columbia Higher Education Licensure Commission

Agency Contact

Amy Spies, Education Compliance Specialist
202-442-4012
Amy.Spies@dc.gov

Additional Contact

Terasita Edwards, Interim Executive Director
202-654-6128
Agency email:
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

The Higher Education Licensure Commission ("HELC", the “Commission”) is a five-member Mayoral appointed regulatory and consumer protection authority responsible for public protection with regard to legitimate quality education in the District of Columbia. The Commission establishes standards for postsecondary educational operations, authorizes operations, approves programs, issues or denies licenses to, and oversees all private postsecondary educational institutions in the District of Columbia. 

The Commission is the Mayor’s only entity authorized to issue educational licenses and is charged with advising the Mayor and City Council with respect to postsecondary educational needs of the District. The Commission is responsible for ensuring that institutions under its jurisdiction meet and comply with the standards and other requirements established by laws and regulations. The Commission’s granting or denial of license assures students who are enrolled in District of Columbia institutions that the courses offered and degrees conferred meet their standards and that the institutions with which they are dealing are presenting themselves in an honest and forthright manner. 

The Commission has additional functions which include, but are not limited to, regulating and enforcing postsecondary laws and regulations, maintaining the student records of institutions which close and have no other depository, issuing certified transcripts, and investigating student and faculty complaints against educational institutions under its jurisdiction.

Please see the Commission’s website for additional information about its responsibilities and services to the District of Columbia.

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 (for purposes of SARA and Veterans education only)
_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 
_X__ Public, in-state, non-degree granting institutions 
_X__ Public, out-of-state, non-degree granting institutions 
_X__ Non-degree, not-for profit institutions 
_X__ 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?

_____Institution  _____Program __X__Both

c.
Clarifying comments:

The Higher Education Licensure Commission requires institutional licensure as a requirement for offering programs. HELC does not license stand-alone programs. 

Only degree-granting institutions are eligible to participate in NC-SARA.

Topic

3: Accreditation

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

Yes and No

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 
_X__ Public, in-state, non-degree granting institutions 
_X__ 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:

New degree-granting institutions (provisional licensees) are required to seek accreditation by 3rd year of operation and be fully accredited by an accrediting agency/organization recognized by the US Department of Education by 6th year of operation. Applicants seeking Conditional Exemption must be fully accredited at the time of application and may not have any conditions placed upon the accreditation. 

Further accreditation requirements depend on the type of institution, instructional offerings, and professional licensure/industry requirements.

Topic

4: Exemptions

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

Yes.

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

The following types of educational institutions or activities are excluded from the coverage of this chapter: (1) Courses of instruction not purporting to lead to a degree conducted by any person solely for the training of the employees of the person, and for which no fee is charged; (2) Education offered by the District or federal government or any instrumentality of the governments, except course approval for veterans under an Act to amend Chapter 35 of Title 38, United States Code, to provide that after the expiration of the Korean conflict veterans’ education and training program, approval of courses under the war orphan’s educational assistance program shall be by State approving agencies (38 U.S.C. § 3500 et seq.); (3) Education solely avocational or recreational in nature and not leading to a degree and institutions offering the education exclusively, as determined by the Commission; 9 District of Columbia Official Code Title 38. Educational Institutions. Subtitle III. Public Education -- Post Secondary. Chapter 13. Higher Education Licensure Commission. (as of March 30, 2016) (4) Education offered by an eleemosynary or nonprofit institution, organization, or agency, if no fee is charged for the education and no credit toward a degree or any degree, diploma, or certificate is awarded; (5) Courses or programs of instruction given by or approved by a professional body, fraternal organization, civic club, or benevolent order principally for the professional education of its own members or advancement or similar purpose and for which no degree or degree credit is awarded and for which there is no public advertising; and (6) An educational institution that is organized or chartered outside of the District of Columbia and does not operate in the District of Columbia, except that any agent of an institution who operates in the District shall not be exempt, and the Commission may apply the standards of this chapter to the institution in determining whether to license an agent. (b) A degree-granting institution shall be entitled to a conditional exemption from all other provisions of this chapter if, upon request to the Commission: (1) It can show that it has been authorized by the Congress of the United States to grant degrees; (2) It is accredited by a regional accrediting association recognized by the United States Department of Education; (3) It files annually with the Commission the following: (A) A current audited financial statement of the institution; (B) A certified statement as to the institution’s accreditation status, including whether any conditions have been imposed and whether any action has been taken toward revoking or limiting that status; and (C) A copy of each course catalogue and a response to the Commission’s annual data survey; (4) It makes provision for a representative of the Commission to serve as an observer on all visits to the institution by evaluators from a regional accrediting association; and (5) It furnishes to the Commission a copy of all reports submitted to and received from the accreditation association, including the reports of an evaluation submitted to the institution by the accrediting association and notices of accrediting association action regarding accreditation of the institution.

c.
Web link for exemptions.

Web link for exemptions

Please see § 38-1310. Exempt institutions of the Higher Education Licensure Commission Law for additional information and see HELC Applications & Forms for an application for Conditional Exemption.

d.
Clarifying comments:

Only degree-granting institutions are eligible for Conditional Exemption. Exclusions are a separate category and are restricted in the ways identified above and in DC Code. Both Conditional Exemption and Exclusion require application to and approval from the Higher Education Licensure Commission prior to advertising, recruiting, enrolling and graduating students or offering instruction, courses and programs.

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?

“Physical Presence” – an institution has established one of the following in the District of Columbia: (a) A physical location for students to receive instruction; (b) An administrative office; (c) A physical site operated by or on behalf of the institution that provides information to students for the purpose of enrolling students or provides student support services; or (d) Office space for instructional and non-instructional staff.

b.
Web link for physical presence definition.
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.

Pursuant to DC Official Code §38-1306(c)(4) complaints may be filed with the Higher Education Licensure Commission (HELC, Commission) against postsecondary educational institutions operating in the District of Columbia. Consumers who have experienced a violation of the SARA policies and procedures should complete a form and submit all supporting documents. Complainants should exhaust the institution’s grievance process prior to filing a complaint with the Commission.

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.)?

All complaints and violations of Commission rules are handled internally. Complaints are handled within HELC after stakeholders have exhausted the institution’s grievance process. However, violation of other District rules may also be addressed by other relevant mission-based agencies (i.e. violations of Human Rights Laws, Department of Health codes, Zoning laws).

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

Consumers may complete HELC’s online complaint form and/or contact the agency directly:

  • Agency: DC Higher Education Licensure Commission
  • Address: 1050 First Street, NE Fifth Floor, Washington, DC 20002
  • Email: osse.elcmail@dc.gov
  • Phone: 202-481-3951
e.
Clarifying comments:

Complaints can be submitted by any stakeholder/consumer, including students, faculty and staff, and members of the community.

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

Pursuant to DC Official Code §38-1306(c)(4) complaints may be filed with the Higher Education Licensure Commission (HELC, Commission) against postsecondary educational institutions operating in the District of Columbia. Consumers who have experienced a violation of the SARA policies and procedures should complete a form and submit all supporting documents. Complainants should exhaust the institution’s grievance process prior to filing a complaint with the Commission.

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.)?

All complaints and violations of Commission rules are handled internally. Complaints are handled within HELC after stakeholders have exhausted the institution’s grievance process. However, violation of other District rules may also be addressed by other relevant mission-based agencies (i.e. violations of Human Rights Laws, Department of Health codes, Zoning laws).

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.
Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

Yes

c.
Clarifying comments:

All institutions regardless of type are required to provide a surety bond. All types of institutions fall under the Surety requirements to protect students should an institution “breach its contract with students, declare bankruptcy or otherwise terminate its educational program without providing adequate student refunds” (§ 38-1311. Bond or surety requirement). 

Topic

10: Tuition Refund Policy

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

Yes

b.
If yes, for what types of institutions?

All types of institutions must clearly explain and provide easy access to tuition refund policies. 

All types of institutions must meet certain conditions and seek HELC approval in advance for closures. 

All types of institutions fall under the Surety requirements to protect students should an institution “breach its contract with students, declare bankruptcy or otherwise terminate its educational program without providing adequate student refunds” (§ 38-1311. Bond or surety requirement).

c.
Web link for tuition refund policy.

DCMR 8119 Non-Degree granting institutions

DCMR 8004, 8006, & 8016 Degree granting institutions

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?

n/a

c.
Web link for student tuition recovery fund.

n/a

d.
Clarifying comments:

n/a

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?

Annually, the Higher Education Licensure Commission (HELC, Commission) collects data on postsecondary education offered in the District of Columbia. The Commission seeks to gather information in the following areas: institutional characteristics, human and fiscal resources, prices, accreditation, enrollment, degrees and certificates conferred, student retention and financial aid. The submission of this data is a condition of continued approval to operate postsecondary educational programs in the District.

b.
How frequently do institutions report data?

Institutions are required to report their data annually.

c.
Is this information published or shared publicly?

Yes, this information is published publicly.

d.
Web link for reporting.

See Active Institutions or Closed Institutions for publicly published institutional data and information.

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?

Refer to DC Official Code §38-1312

b.
Web link for enforcement information.
c.
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.
  1. Read the law and regulations that govern the type of institution you wish to operate (degree, non-degree, distance education). And, familiarize yourself with the relevant application form.
  2. Attend mandatory New Applicant Workshop (only if seeking provisional licensure; not required for conditional exemption applicants)
  3. Submit a complete application and required fees.
  4. Complete a site visit. (Required for all applicants that have a physical location in the District.)
  5. Appear before the Commission to respond to any questions the board has prior to their decision on the application. Meeting date will be provided.
c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

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

Yes

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

All fees are subject to change at any time. Please see the HELC “Frequently Asked Questions” for updated fee schedule. As of 3/22/2024, the following fee schedule applies:

Fee Schedule
c.
Web link for fee information.

Please see HELC’s “Frequently Asked Questions” for the current fee schedule. All fees are subject to change at any time.

d.
Clarifying comments:

Although the fees provided above are current as of 3/22/2024, fees are subject to change at any time. Please see HELC’s “Frequently Asked Questions” for the current fee schedule.

Topic

16: Records Retention

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

If a postsecondary educational institution licensed by or granted a conditional exemption the Commission, discontinues its operations, the chief administrative officer, by whatever title designated, of the institution shall cause to be filed with the Commission the original or legible true copies of all records of the institution specified by the Commission. The records deposited with the Commission shall include, at a minimum, the academic (and financial) records of each former student. The institution shall pay for the costs of the transfer of records to the Commission and for the costs of maintaining the records.

School Closure Form  https://helc.osse.dc.gov/topic/helcadmin/institutions/applications-and-forms

b.
From what agency do students request their transcripts/records from a closed school?
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?

NOTE:

Application materials may be mailed Attn: HELC - 1050 1st St., NE 5th Floor, Washington, DC 20002 OR emailed to osse.elcmail@dc.gov. You may choose one submission method. You do not need to mail and email your application. Please do not email application materials to individual HELC team members.