Responses Last Confirmed:

North Dakota Department of Career and Technical Education

Agency Contact

Michael Netzloff
701-328-3187
mnetzloff@nd.gov

Additional Contact

Secretary of State Contact

Allyson Hicks
ahicks@nd.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

The mission of the State Board for Career and Technical Education is to work with others to provide all North Dakota citizens with the technical skills, knowledge, and attitudes necessary for successful performance in a globally competitive workplace.

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.

_____ Public, in-state degree granting institutions 
_____ Public, out-of-state degree granting institutions   
__X__ Private, in-state, not-for-profit degree granting institutions  (only occupational associates degree or less)
__X__ Private, out-of-state, not-for-profit degree granting institutions  (only occupational associates degree or less)
__X__ Private, in-state, for-profit degree granting institutions (only occupational associates degree or less)
__X_
_ Private, out-of-state, for-profit degree granting institutions (only occupational associates degree or less)
_____ Public, in-state, non-degree granting institutions 
_____ Public, out-of-state, non-degree granting institutions 
__X__ Non-degree, not-for profit institutions (only occupational associates degree or less)
__X__ Non-degree, for-profit institutions (only occupational associates degree or less)
_____ 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:

No response provided

Topic

3: Accreditation

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

Yes, out-of-state institutions must be fully accredited before applying for authorization. In-state institutions must start the process with an accreditation organization and have a timeline of completion for preliminary authorization.

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

Same as above check marks

Accreditation Required for: 
____ Public, out-of-state degree granting institutions   
____ Private, in-state, not-for-profit degree granting institutions  
____ Private, out-of-state, not-for-profit degree granting institutions  
____ Private, in-state, for-profit degree granting institutions 
____ 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 
____ Religious institutions 
____ Tribally-controlled institutions 
____ Federal Institutions 
____ Municipal institutions 

c.
Clarifying comments:

No response provided

Topic

4: Exemptions

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

Yes, but few.

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

The following education and educational schools or institutions are exempted from the provisions of this chapter:

1. Schools or institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade.

2. Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the board, solely for that organization's membership, or offered on a no-fee basis.

3. Education solely avocational or recreational in nature, as determined by the board, and schools or institutions offering such education exclusively.

4. Certain education provided through short-term programs as determined by the board.

5. Education offered by charitable schools or institutions, organizations, or agencies, so recognized by the board, provided the education is not advertised or promoted as leading toward educational credentials.

6. Schools of barbering.

7. Schools of cosmetology.

8. Native American colleges operating in this state, established by federally recognized Indian tribes.

9. Postsecondary career schools not operating in this state, although this is a very slim group as the intent of the law and the advent of online schools does put most out-of-state schools as requiring authorization.

10. Postsecondary career schools whose only physical presence in this state consists of students enrolled in practicums or internships in this state.

11. Postsecondary educational institutions regulated by the Board of Higher Education.

c.
Web link for exemptions.

No response provided

d.
Clarifying comments:

Again, the intent of the law really does force most out-of-state schools to obtain authorization with the agency before operating in the state.

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?

No response provided

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?

It depends on the situation.

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.

We handle complaints of students against the institutions in various forms, but primarily in fees, refunds, etc.

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 only handle student complaint duties.

c.
Web link for student complaints – SARA participating institutions.

No response provided

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

Contact Name:  Michael Netzloff
Title:  Special Populations/Educational Equity Administrator
Agency:  North Dakota Department of Career and Technical Education
Address:  600 E Boulevard Ave Dept. 270    Bismarck, ND  58505
Email:  mnetzloff@nd.gov
Phone:   701-328-3187

URL:

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?

SAME AS ABOVE FOR THIS ENTIRE SECTION

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.)?

No response provided

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)?

No response provided

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

No response provided

Contact Name:
Title:
Agency:
Address:
Email:
Phone:
URL:

e.
Web link for the complaint form.

No response provided

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

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

The amount of the surety bond must be at least ten percent of the career school’s total gross income. The minimum bond, however, may not be less than ten thousand dollars, regardless of gross income. The bond must be in the amount of at least ten thousand to one hundred fifty thousand dollars, as determined by gross income. Career schools may provide a bond in an amount exceeding the required amount.

A career school that has no previous gross income from operating in this state that is seeking an initial, provisional authorization to operate must provide a bond in an amount no less than ten thousand dollars, and may, at its own discretion, provide a bond exceeding ten thousand dollars.

If the board determines that a higher level of bonding is warranted for consumer protection purposes, the board may require a bond in an amount that exceeds the amount derived from calculations as described above.

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 that authorize with us.

c.
Web link for tuition refund policy.

No response provided

d.
Clarifying comments:

Postsecondary career schools shall refund tuition and other charges, other than a reasonable application fee, when written notice of cancellation is given by the student in accordance with the following schedule:

a. When notice is received prior to, or within seven days after completion of the first day of instruction, or after receipt of the first correspondence lesson by the school, all tuition and other charges must be refunded to the student.

b. When notice is received prior to, or within thirty days after completion of the first day of instruction, or prior to the completion of one-fourth of the educational services, all tuition and other charges except twenty-five percent thereof must be refunded to the student.

c. When notice is received upon or after completion of one-fourth of the educational services, but prior to the completion of one-half of the educational services, all tuition and other charges except fifty percent thereof must be refunded to the student.

d. When notice is received upon or after the completion of fifty percent of the educational services, no tuition or other charges may be refunded to the student.

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

For private post-secondary career schools (which are the only type of private schools that ND CTE takes care of), there is no fund established, but it is required that schools obtain a bond as tuition protection.

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?

Everything required in our application is required for authorization for all schools, yearly.

b.
How frequently do institutions report data?

Yearly

c.
Is this information published or shared publicly?

No, only a list of those approved with programs approved.

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?

Civil and Criminal Penalties

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.

The application and all documents are found on the website: https://www.cte.nd.gov/ Under Business, and then under Private Career Schools.

b.
Web link for application.

No response provided

c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

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

$1000 for initial application, $500 for renewal

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 school must contact our agency and either provide information on where the student records will be housed or give the ND records to us to store. In either case, the school must contact us immediately.

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

Agency Name: ND CTE
Contact Person: Michael Netzloff
Contact Phone:
Contact Address: 
Contact Email: mnetzloff@nd.gov
Contact website: https://www.cte.nd.gov/sites/www/files/documents/Students/TranscriptRequest54008.pdf

c.
Clarifying comments:

All students must complete the form listed above in the link and sign it. We do not currently take third-party requests.

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