Responses Last Confirmed:

Indiana Commission for Higher Education

Agency Contact

Matt Butler
317.454.0009
MButler@che.in.gov

Additional Contact

Ross Miller
317.232.1033

Secretary of State Contact

Diego Morales
317-232-6531
sos@sos.in.gov
Topic

1: Important Agency Information to Note

a.
Provide important web links:
b.
What types of institutions are subject to this agency’s authority?

Indicate the types of institutions that your agency authorizes. 

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

__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 (Exempted institutions are specifically named (IC 21-7-13-6"Approved postsecondary educational institution,” authorization is limited to participation in state financial aid.) Link: http://iga.in.gov/legislative/laws/2018/ic/titles/021/#21-7-13-5
__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 (Institutions may waive their right to religious exemption and apply for Indiana Board for Proprietary Education Institutional Authorization.)
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

c.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?
  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

____ Institution   

_____ Program   

__X__ Both

d.
Clarifying comments:

No response provided

Topic

2: Authorization of Distance Education

a.
Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

Yes, unless the institution is a SARA Participating Institution.

b.
Clarifying comments:

The Indiana Commission for Higher Education (ICHE) adheres to the SARA established uniform standard for physical presence vs. distance education.

Topic

3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

a.
Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

Yes

b.
If yes, please check all that apply as appropriate.

Accreditation by an accrediting agency recognized by the U.S. Department of Education 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:

* Institution may have accreditation through either a regional, national, or specialized accrediting agency recognized by the U.S. DOE.

** A religious institution that waives the right to religious exemption may have accreditation through either a regional or national accrediting agency recognized by the U.S. DOE.

Institutions are required to be accredited or be seeking accreditation with an accrediting agency recognized by the U.S. DOE.

Topic

4: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.

Defining a Physical Presence:

 The Indiana Commission for Higher Education/Indiana Board for Proprietary Education considers any of the following activities to constitute a physical presence in the State of Indiana:

  • On-going occupation of a physical location for instructional purposes; and
  • Maintenance of an administrative office to facilitate instruction; and
  • Short courses with more than 20 classroom hours, or the equivalent thereof; and
  • A portion of a full-term course, more than two meetings and more than six clock hours, that takes place in a setting where the instructor or students physically meet; or
  • Experiential learning opportunities, such as a clinical, practicum, residency, or internship, that have more than ten students from your institution physically and simultaneously present at a single field site.

The Indiana Commission for Higher Education/Indiana Board for Proprietary Education does not consider the following activities to constitute a physical presence in the State of Indiana:

  • Advertising; and
  • Recruiting; and
  • Contractual arrangements in states (e.g., procurement contracts or online academic offerings provided through consortia agreements); and
  • Courses on military installations offered by an accredited institution and limited to active and reserve military personnel, dependents of military personnel, and civilian employees of the military installation; and
  • Faculty residing in the state; and
  • Field trips; and
  • Proctored exams held in the state; and
  • Operation of a server or other electronic service device; and
  • Short courses with 20 or fewer classroom hours, or the equivalent thereof; and
  • A portion of a full-term course, up to two meetings and up to six clock hours, that takes place in a setting where the instructor or students physically meet; or
  • Experiential learning opportunities, such as a clinical, practicum, residency, or internship, provided that:
    o   Ten or fewer students from your institution are physically and simultaneously present at a single field site; and
    o   The institution has already obtained all the necessary professional and licensure approvals (if any) to conduct the learning opportunity in Indiana.
b.
Web link for physical presence definition.
c.
Does a clinical/internship trigger the requirement for authorization with your agency?

Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

Experiential learning opportunities, such as a clinical, practicum, residency, or internship, provided that:
o   Ten or fewer students from your institution are physically and simultaneously present at a single field site; and
o   The institution has already obtained all the necessary professional and licensure approvals (if any) to conduct the learning opportunity in Indiana.

d.
Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

The Indiana Commission for Higher Education/Indiana Board for Proprietary Education does not consider the following activities to constitute a physical presence in the State of Indiana:
∙    Faculty residing in the state

e.
Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

The Indiana Commission for Higher Education/Indiana Board for Proprietary Education does not consider the following activities to constitute a physical presence in the State of Indiana:
∙    Advertising

f.
Does having an administrative site in your state trigger the requirement for authorization with your agency?

The Indiana Commission for Higher Education/Indiana Board for Proprietary Education considers any of the following activities to constitute a physical presence in the State of Indiana: 

∙             On-going occupation of a physical location for instructional purposes; and

∙             Maintenance of an administrative office to facilitate instruction

g.
Does having a recruiter in your state trigger the requirement for authorization with your agency?

The Indiana Commission for Higher Education/Indiana Board for Proprietary Education does not consider the following activities to constitute a physical presence in the State of Indiana:
∙    Recruiting

h.
Clarifying comments:

No response provided

Topic

5: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

Institutional Authorization with a Physical Presence requires the approval by the Board for Proprietary Education at a formal business meeting. 

Institutional Authorization with No Physical Presence is approved by the staff of the Indiana Commission for Higher Education.

c.
Clarifying comments:

No response provided

Topic

6: 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?

Fee Schedule Effective May 1, 2022 Application for Initial Institutional Authorization $2,500.00 Application for Initial Degree Authorization $300.00 -Per degree, per campus Annual Renewal of Institutional Authorization $1,000.00 Annual Renewal of Each Program (Degree, Certificate, Diploma) $25.00 -Per program listed on institutional renewal application 

Fee Schedule Effective May 1, 2022 Application for Initial Institutional Authorization $2,500.00 Initial Authorization of Each Program (Degree, Certificate, Diploma) $25.00 -Per program listed on institutional initial application Annual Renewal of Institutional Authorization $1,000.00 Annual Renewal of Each Program (Degree, Certificate, Diploma) $25.00 -Per program listed on institutional renewal application

d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

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

No

b.
Web link for surety bonds.

N/A

c.
Clarifying comments:

N/A

Topic

8: Student Tuition Recovery Fund

a.
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

Yes, The Indiana Career College Student Assurance Fund (CCSAF) was established to refund students who attend for-profit degree granting institutions authorized by the Indiana Board for Proprietary Education.

b.
If yes, for what types of institutions?

Private, for-profit institutions

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

9: Tuition Refund Policy

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

Yes.

b.
If yes, for what types of institutions?

BPE authorized institutions with a physical presence.

d.
Clarifying comments:

Indiana Uniform Refund Policy If a postsecondary educational institution utilizes a refund policy of their recognized regional/national accrediting body or the current United States Department of Education (USDOE) Title IV refund policy, the postsecondary educational institution must provide written verification in the form of a final refund calculation, upon the request of the Commission/Board, that its refund policy is more favorable to the student than that of the Commission's/Board’s. Postsecondary educational institutions accredited by a regionally/nationally recognized accrediting body must uniformly apply the Commission's/Board’s tuition refund policy or the refund policy of their recognized accrediting body, as previously approved by the Commission/Board to all first-time students enrolled. Postsecondary educational institutions using a refund policy other than that of the Commission's/Board’s must list the complete policy and its location in the institutional catalog and the enrollment agreement. Institution’s Onsite Refund Policy The postsecondary educational institution shall pay a refund to the student in the amount calculated under the refund policy specified in this section or as otherwise approved by the Commission/Board. The institution must make the proper refund no later than thirty-one (31) days of the student's request for cancellation or withdrawal. (b) The following refund policy applies to each resident postsecondary educational institution, except as noted in: (1) A student is entitled to a full refund if one (1) or more of the following criteria are met: (A) The student cancels the institutional student contract or enrollment agreement within six (6) business days after signing. (B) The student does not meet the postsecondary educational institution's minimum admission requirements. 2022.05.01 4 (C) The student's enrollment was procured as a result of a misrepresentation in the written materials utilized by the postsecondary educational institution. (D) If the student has not visited the postsecondary educational institution prior to enrollment, and, upon touring the institution or attending the regularly scheduled orientation/classes, the student withdrew from the program within three (3) days. (2) A student withdrawing from an instructional program, after starting the instructional program at a postsecondary educational institution and attending one (1) week or less, is entitled to a refund of ninety percent (90%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100). (3) A student withdrawing from an instructional program, after attending more than one (1) week but equal to or less than twenty-five percent (25%) of the duration of the instructional program, is entitled to a refund of seventy-five percent (75%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100). (4) A student withdrawing from an instructional program, after attending more than twenty-five percent (25%) but equal to or less than fifty percent (50%) of the duration of the instructional program, is entitled to a refund of fifty percent (50%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100). (5) A student withdrawing from an instructional program, after attending more than fifty percent (50%) but equal to or less than sixty percent (60%) of the duration of the instructional program, is entitled to a refund of forty percent (40%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100). (6) A student withdrawing from an institutional program, after attending more than sixty percent (60%) of the duration of the instructional program, is not entitled to a refund.

Topic

10: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?

Institutions with a physical presence must report specific program data including headcount.

b.
How frequently do institutions report data?

Annually

c.
Is this information shared publicly?

No

d.
Web link for reporting.
e.
Clarifying comments:

No response provided

Topic

11: Enforcement

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

SARA Participating Institutions may not be renewed for participation. Institutions with a physical presence may not be re-authorized or not be authorized for new degree programs. Institutions with no physical presence may not be re-authorized.

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

12: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

The student should file a complaint through his/her institution of higher education’s established complaint process. Information on the process can usually be found in the institution’s academic catalog, student handbook or website. If the student is unable to resolve the complaint in this manner, he/she should proceed to filing a student complaint with the Indiana Commission for Higher Education (ICHE).

b.
Web link for the non-SARA complaint form.
c.
How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

No response provided

d.
Is the non-SARA 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.)?
e.
Who is the contact person or entity for your state for receiving non-SARA student complaints?

Contact Name: Ross Miller
Title: Director of State Authorization and Reciprocity
Agency: Indiana Commission for Higher Education
Address: 101 West Ohio Street, Suite 300, Indianapolis, IN 46204
Email: complaints@che.in.gov
Phone: 317.232.1033
URL: https://www.in.gov/che/2744.htm

f.
Clarifying comments:

No response provided

Topic

13: Records Retention

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

The institution is notified that student records and financial ledgers must be submitted to the Indiana Archives and Records Administration (IARA).

b.
From what agency or entity do students request their transcripts/records from a closed higher education institution?

Agency Name:  Indiana Archives and Records Administration
Contact Person: Various Staff
Contact Phone:  317.591.5222
Contact Address: N/A
Contact Email: arc@iara.in.gov
Contact website: https://www.in.gov/iara/
 

c.
Clarifying comments:

No response provided

Topic

14: Additional Information

a.
Is there anything else about the state authorization process in your state that institutions and others ought to know about?

The SPE is working to ensure that all institutions have adequate student transcripts and have samples of all student transcripts on file.

b.
What is your preferred method of communication?

No response provided

 

Please note: There could be additional state agencies with oversight of activities of your institution.