Steps to Obtain State Approval
Private post-secondary institutions that provide educational services in New Mexico must comply with the New Mexico Post-Secondary Educational Institution Act (Section 21-23-1 et seq. NMSA 1978) or the Interstate Distance Education Act (Section 21-23B-1 et seq. NMSA 1978). These statutes ensure institutions meet educational standards and protect student interests.
- Understand the Legal Requirements:
- Familiarize yourself with North Dakota Century Code Chapter 15-18.1, which outlines the regulations for post-secondary institutions.
- A federally recognized accreditation agency must accredit institutions.
- Institutions must have a Federal Financial Responsibility Composite Score greater than 1.5.
- Determine the Type of Presence:
- Physical Presence: Institutions with a physical campus in North Dakota.
- Online Presence: Institutions offering online programs without a physical campus in North Dakota.
- Application Process:
- Institutions without Physical Presence:
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- Complete the application for institutions without a physical presence in North Dakota.
- Ensure that internships, field experiences, and clinical practices are not considered as establishing a physical presence.
- Institutions with Physical Presence:
- Complete the application for institutions with a physical presence in North Dakota.
- This comprehensive application includes additional requirements, such as a performance bond.
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- Submit Required Documents:
- Applications must be submitted along with a CPA-prepared financial statement (audited or reviewed).
- Additional documents include accreditation certificates, detailed descriptions of programs, faculty qualifications, and institutional policies.
- Pay Applicable Fees:
- Fees vary based on the type of presence and the nature of the application.
- Institutions without physical presence/online only: New and renewal applications – $250.
- Institutions with physical presence: New application – $4500; Renewal – $2000.
- Payments can be made online or via invoice. Note that American Express is not accepted.
- Fees vary based on the type of presence and the nature of the application.
- Bond Requirement:
- Institutions with a physical presence must submit a performance bond as a financial assurance. The bond amount is based on the institution’s financial stability and compliance history.
- Review and Approval:
- The North Dakota University System (NDUS) staff reviews the application and supporting documents.
- Institutions with a physical presence may need approval by the NDUS Higher Education Board, which can take longer to process.
- Institutions will receive a letter of approval upon successful review and authorization.
- Notification and Compliance:
- Institutions must notify students in writing about the program’s compliance with professional certification or registration requirements in North Dakota.
- Education and nursing programs require additional approval from the respective North Dakota professional boards.
- Annual Renewal:
- State authorization must be renewed annually along with the applicable fees.
- Institutions must submit an annual report detailing their performance and any substantial changes.
