Authorization & Exemption

Authorization to operate a postsecondary educational institution in Alaska, or simply “Authorization,” is granted by the Alaska Commission on Postsecondary Education (ACPE) to postsecondary educational institutions that apply for Authorization and document meeting the minimum standards of operation set forth in law.

Postsecondary education institutions seeking Authorization status, must complete the application, review, and approval process for Initial Authorization. After successfully meeting the standards and benchmarks established in Initial Authorization, the postsecondary education institution must then apply for Renewal of Authorization. Upon successfully submitting the application and gaining approval by the ACPE, the institution may be renewed for a period of up to five (5) years, before undergoing the next Renewal of Authorization process.

ACPE awards exemptions to institutions that qualify under the law or regulations for exemption from some or all of the requirements of Institutional Authorization. Exemptions are not automatic and must be awarded by ACPE, unless otherwise noted. An institution should never assume it is exempt. If an institution cannot qualify for exemption, the institution must be authorized.

Authorization or Exemption status is required for any individual or institution wishing to offer credits, degrees, certificates, or other credentials within the State of Alaska must be either authorized or exempt from authorization under AS 14.48. It is illegal to operate a postsecondary educational institution, advertise or deliver postsecondary education, or recruit postsecondary students, without either Authorization or Exemption from ACPE.

INITIAL AUTHORIZATION

Institutions applying for an Initial Authorization to operate in Alaska must meet minimum standards, as established in Alaska Statute (AS) 14.48 and Section 20 of the Alaska Administrative Code (AAC) Chapter 17. The minimum standards are outlined in the Initial Application for Authorization to Operate a Postsecondary Institution.

The completed application, non-refundable application fee, and all supporting documentation outlined in the packet, in one mailing, should be returned to ACPE, P.O. Box 110505, Juneau, AK, 99811-0505, or emailed to EED.ACPE-IA@alaska.gov If emailing in the application, the application fee will need to be mailed to the address above. All initial authorizations require Commission approval and must be submitted at least 90 days before the Commission meeting at which the request is to be considered.

The application process is follows:

• The institution submits the appropriate application, forms, and supporting materials to ACPE, including payment of fees.
• Staff reviews the submitted documentation in three review stages:
  • Initial - Ensuring the completeness of the application. If the application is incomplete or additional information is requested, staff will contact the institution. Staff may establish a deadline to submit additional materials. Failure to meet this established deadline may result in a late fee and/or application deferral to the next scheduled Commission meeting.
  • Compliance - Ensuring compliance with applicable Statues and Regulations.
  • Site Visit - On-site evaluation for compliance.
• Staff forwards a recommendation to the Commission for consideration at the next scheduled Commission meeting.
• The Commission reviews the institutional information and staff recommendation at the quarterly meeting. Institution staff may comment on the information and recommendation at the meeting.
• The institution be invited to the Commission meeting, and a representative for the institution should be prepared to speak on behalf of the institution. A presentation by the institution or its representative may be requested.
• The Commission takes action on the application (approval, conditional approval, denial, or continuation of application). Initial authorizations may not exceed 18 months.
• Staff notifies the institution of the Commission's action.

Once an institution is authorized, any amendments to the items submitted in support of the application for Authorization must be submitted to ACPE for approval, including but not limited to policies, procedures, published documents, physical plant, faculty or staff.

In addition to Authorization, institutions receiving Initial Authorization must continue meeting compliance standards with future Renewals of Authorization and Annual Reporting.

RENEWAL OF AUTHORIZATION

The completed application, application fee, and all supporting documentation outlined in the packet, in one mailing or email, should be returned to ACPE, P.O. Box 110505, Juneau, AK, 99811-0505 or EED.ACPE-IA@alaska.gov. All Renewal of Authorizations require Commission approval and must be submitted at least 90 days before the date on which the institutions current Authorization it scheduled to expire.

There are no fees for Renewal of Authorization as institutions participate in Annual Reporting.

The application process is as follows:

• Staff reviews the submitted documentation in three review stages:
  • Initial - Ensuring the completeness of the application. If the application is incomplete or additional information is requested, staff will contact the institution. Staff may establish a deadline to submit additional materials. Failure to meet this established deadline may result in a late fee and/or deferral to the next regularly scheduled Commission meeting.
  • If this deferral occurs the institution may not operate other than under an approved teach-out plan until the Commission Authorizes the Renewal.
  • Compliance - Ensuring compliance with applicable Statues and Regulations.
  • Site Visit - On-site evaluation for compliance.
• The institution submits the appropriate application, forms, and supporting materials to ACPE.
• Staff forwards a recommendation to the Commission for consideration at the next scheduled Commission meeting.
• The Commission reviews the institution information and staff recommendation at the quarterly meeting. Institution staff may comment on the information and recommendation at the meeting.
• The institution be invited to the Commission meeting, and a representative for the institution should be prepared to speak on behalf of the institution. A presentation by the institution or its representative may be requested.
• The Commission takes action on the application (approval, conditional approval, denial, or continuation of application). Renewal of authorizations may not exceed five years.
• Staff notifies the institution of the Commission's action.

Once an institution is authorized, any amendments to the items submitted in support of the application for Authorization must be submitted to ACPE for approval, including but not limited to policies, procedures, published documents, physical plant, faculty or staff.

In addition to authorization institutions being renewed, they must continue compliance with Annual Reporting and obtaining approval for any changes prior to implementation.

ANNUAL REPORTING

Authorized institutions must file an Annual Report which documents an institution’s compliance with life and safety requirements, fiscal responsibility, and student outcome reporting metrics.

Annual Reporting Process

The completed form, Annual Reporting fee, and all supporting documentation outlined in the packet, in one mailing, should be returned to ACPE, P.O. Box 110505, Juneau, AK, 99811-0505, on or before December 1st annually.

Staff may assess a late fee if an institution fails to provide the information on or before the December 1st deadline.

CHANGE IN AUTHORIZATION

Amendments to Authorization, Administrative Approval, Change of Ownership

Status changes that depart from the information specified in the institutions most recent Renewal of Authorization application must be approved by the Commission before implementation, regardless of it requiring or not requiring Commission action. Amendments to Authorization or a Change of Owner require Commission Action, and some changes to an institutions Authorization may be change via Administrative Approval.

Amendments to Authorization

Institutions may make amendments to the institutions authorization status, including Programs, Locations, and Mission.

Application Process

Change of Ownership

An institution with an Authorization to Operate shall notify the Commission before entering into contracts or negotiations related to sale of the institution. At least 30 days before the effective date of a Change of Ownership of an institution, the new owner shall submit an Application for Initial Authorization and application fee. The completed application must include the required fee a description of any changes to be made at the institution as a result of the Change in Ownership, the effective date of the change, and a statement of the assets and obligations that will be transferred. Upon determination that the application is complete, the Commission staff shall place the application on the agenda for the next Commission meeting. An institution that administers financial aid on behalf of the Commission must have a Change in Ownership approved in order to be eligible to continue to administer that aid. Upon approval by the Commission, the Commission will issue to the institution an Authorization to Operate.

Administrative Approval

Not all items require Commission action and may be Administratively Approved if they are not substantive. Changes that may follow the Administrative Approval process include:

• Curriculum, Program Name,
• Instructional Delivery Method
• Senior Management
• Tuition Changes
• Discontinuing Program
• Institutional Name
• Catalog/Enrollment Contracts

EXEMPTION FROM AUTHORIZATION

ACPE awards Exemptions to those institutions that qualify under the law or regulations for exemption from some or all of the requirements of Institutional Authorization. Exemptions are not automatic and must be awarded by ACPE, unless otherwise noted. An institution should never assume it is exempt. If an institution cannot qualify for Exemption, the institution will need to be Authorized.

There are two types of exemptions:

Exemption for Institutional Authorization Process

Statutory Exemption: If you feel your entity is statutorily exempt, please contact ACPE prior to submitting an application.

Regulatory Exemption:

The completed application, non-refundable application fee, and all supporting documentation outlined in the packet, in one mailing or email, should be returned to ACPE, P.O. Box 110505, Juneau, AK, 99811-0505 or EED.ACPE-IA@alaska.gov All exempt applications are reviewed and approved by Commission staff, and can be approved for up to five years. Should a change occur in the organization or program from what has been approved for exemption it will be necessary to notify the commission, at which time the institution's exempt status may be re-evaluated.

Exemption status is required for any individual or institution wishing to offer credits, degrees, certificates, or other credentials within the State of Alaska, as individuals or institutions must be either authorized or exempted from authorization under AS 14.48. It is illegal to operate a postsecondary educational institution, advertise or deliver postsecondary education, or recruit postsecondary students, without either authorization or exemption from ACPE.

If an individual or institution is not able to obtain exemption status, the institution will be required to be authorized. See Initial Authorization.

ONLINE DISTANCE EDUCATION EXEMPTION

ACPE awards exemptions to those institutions that qualify under the law or regulations for exemption from some or all of the requirements of institutional authorization for the purposes of online or distance education. For institutions participating in the State Authorization Reciprocity Agreement, or for more information, please see the tab on the left titled "NC-SARA".

For out of state institutions that do not participate in SARA, institutions may qualify for the following regulatory exemption from institutional authorization:

• an online or distance delivered program that does not have a physical presence within the state.

Physical presence is defined as the presence within the state of paid staff or faculty, or a facility or address; in this paragraph, "faculty" and "staff" does not include site supervisors or mentors for local internships or practica, or adjunct personnel; staff or faculty residing within the state but working from a location other than the facility of a postsecondary educational institution does not constitute a physical presence.

A distance education or online program exempt from authorization requirements must include a conspicuous statement on the institution’s marketing in the state indicating that the program is exempt from authorization under AS 14.48 and 20 AAC 17.015 because the program is online or distance delivered and does not have a physical presence in the state.

Institutions whose name includes the words “University” or “College” must be accredited by an accrediting agency recognized by the U.S. Department of Education.

Online/Distance Education Exemption for Institutional Authorization Process
The completed application, non-refundable application fee, and all supporting documentation outlined in the packet, in one mailing, should be returned to ACPE, P.O. Box 110505, Juneau, AK, 99811-0505. Online/Distance Education exempt applications are reviewed and approved by Commission staff, and can be approved for up to two years. Should a change occur in the organization or program from what has been approved for exemption it will be necessary to notify the commission, at which time the institution's exempt status may be re-evaluated.

NC-SARA

State Authorization Reciprocity Agreement

In May 2014, Alaska was approved by the Western Interstate Commission for Higher Education (WICHE) to become a member of the WICHE State Authorization Reciprocity Agreement (W-SARA). The Alaska Commission on Postsecondary Education (ACPE) has been designated as the state portal, or lead, agency for all SARA-related matters.

What is SARA?

SARA is a voluntary agreement among member states, districts and territories that establishes comparable nationwide standards for interstate offering of postsecondary distance education courses and programs. SARA does not supersede state laws governing institutions with a physical presence in the state.

Prior to SARA, accredited postsecondary institutions were required to obtain approval to deliver distance education in every state in which online degree or certificate programs were offered. Under SARA, colleges or universities in a SARA state only need authorization from the state where the main/central campus or central administrative unit resides – known as the "home state" – to offer distance education to residents of any other SARA member state.

The National Council for State Authorization Reciprocity Agreements (NC-SARA) oversees SARA agreements. Four regional higher education interstate compacts are responsible for implementing the agreements in their member states. Alaska is a member of the WICHE compact.

ACPE's Role

Each SARA member state is required to designate a portal agency responsible for overseeing SARA-related activities in that state. As Alaska's designated portal agency, ACPE is responsible for:

• determining if an Alaska postsecondary institution is eligible for SARA participation;
• ensuring participating Alaska institutions are in compliance with SARA rules and policies;
• serving as the point of contact for other SARA member states and their agencies; and investigating and resolving complaints against an Alaska SARA-participating institutions that are not addressed by the institution's grievance or complaints policy.

SARA and Alaska Institutions

Accredited, degree-granting institutions in Alaska that offer distance education courses can seek approval from ACPE to participate in SARA. If approved, these institutions will be able to deliver distance education to students in any other SARA member state without needing to seek independent authorization from those states.

Accredited postsecondary Alaska institutions may apply for SARA participation by completing the Application and Approval Form for Institution Participation in SARA & the Addendum to Institutional Participation in SARA Form.

The following Alaska institutions have been approved to participate in SARA:

• Alaska Bible College
• Alaska Career College
• Alaska Pacific University
• Charter College
• University of Alaska Anchorage
• University of Alaska Fairbanks
• University of Alaska Southeast

A list of SARA-participating institutions in other SARA member states can be found on the NC-SARA website.

Because SARA is voluntary, institutions that elect not to participate are still required to go through the authorization process in state where they wish to offer distance-delivered postsecondary education.

SARA and Students

The standardized process requires that a student enrolled in a distance education program at a SARA-participating institution must first seek resolution of a complaint through the institution's published grievance or complaints process. Unresolved complaints may be brought to ACPE for review. If a person bringing a complaint is not satisfied with the outcome of the institutional process for handling complaints, the complaint (except for complaints about grades or student conduct violations) may be appealed, within two years of the incident about which the complaint is made, to the SARA Portal Entity in the home state of the institution against which the complaint has been lodged. For more information, see Student Complaints.

Alaska Postsecondary Institutions

Click here to view a list of Alaska's Authorized and Exempt Postsecondary Institutions. Please note that this is not a complete list of Exempt Institutions, as only schools located in Alaska are included. Exempt, out-of-state institutions offering distance education to Alaska residents are not listed.

Alaska's Authorized & Exempt Postsecondary Institutions