Delaware
Delaware
Delaware

Delaware

Delaware: A Step By Step Guide To Obtain State Approval For a Private Postsecondary Institution

Licensing Agency
Delaware Department of Education (DDOE) – Delaware Higher Education Office (DHEO)

Degree-Granting Institutions

Process

  1. Confirm Authorization Requirement – Delaware law requires every postsecondary institution offering degrees (for-profit or nonprofit, in-state or out-of-state) to secure state approval before operating or advertising in the state. Unless an institution qualifies for an exemption or is exclusively operating under SARA (for distance education), it must obtain a Certificate of Approval from DDOE to legally offer courses or degree programs in Delaware. Out-of-state institutions not incorporated in Delaware follow a slightly different path (applying for an Operating License rather than an in-state Certificate of Approval).

  2. Incorporation and Degree Authority – An institution planning to incorporate in Delaware must have its certificate of incorporation endorsed by the DDOE for degree-granting authority before the Delaware Division of Corporations will accept the filing. This means the school must demonstrate to DDOE that it is a bona fide institution of higher learning (with a defined mission, academic programs, and necessary resources) prior to obtaining corporate status with degree-conferring powers. Schools chartered outside Delaware (out-of-state corporations) are not required to reincorporate in Delaware, but they must obtain Delaware’s authorization to operate (Operating License) and ensure they are in good standing and authorized in their home state.

  3. Prepare Application Materials – Gather all required documentation as specified by the Delaware Higher Education Office. This includes a comprehensive description of the institution’s purpose and objectives, governance and administrative structure, academic programs and courses (with outlines or catalog), admissions policies, support services, faculty qualifications (CVs, degrees held), graduation requirements for each degree, and descriptions of facilities and learning resources (classrooms, labs, library, technology). A detailed financial plan or recent financial statements must be provided to demonstrate adequate resources to establish and sustain the school. Accreditation plans should be addressed: Delaware expects new degree-granting institutions to achieve at least candidacy status with a U.S. Department of Education-recognized accrediting agency within a defined timeframe. If the institution is already accredited or has obtained degree authority in another state, include proof (accreditation letter or certificate, and evidence of state authorization elsewhere). Additionally, a surety bond must be obtained to protect student tuition – Delaware requires a bond in an amount sufficient to cover prepaid tuition and fees (with a minimum of $25,000). This bond (or alternative escrow of funds) is a condition of approval to ensure student refunds in the event of a sudden closure.

  4. Submit the Application – Contact the DDOE Higher Education Office to request the official application form for initial postsecondary institutional approval. The application can be submitted electronically or in hard copy as instructed by DDOE. Complete all sections of the form and attach all supporting documents compiled in the previous step. Include the required application fee (for new degree-granting institutions, a non-refundable fee of $10,000 is required with the initial application, paid by check to the Delaware Department of Education). Out-of-state institutions seeking an operating license pay a smaller application fee (approximately $250). DDOE will not process the application until the fee is received and all documentation is in order.

  5. Department Review & Evaluation – The Delaware Department of Education will conduct a thorough review of the submitted application. An internal review team or a committee of external experts (convened by DDOE) will evaluate whether the institution meets state standards. This evaluation covers administrative capacity, academic quality, faculty credentials, financial stability, and alignment with Delaware’s requirements for degree programs. For new institutions without accreditation, the committee will verify that the school shows credible plans and “reasonable promise” of meeting accreditation criteria. DDOE may schedule an on-site visit to inspect facilities and verify information in the application. All findings are compiled and the review committee makes a recommendation to the Secretary of Education.

  6. Initial Approval Decision – If the application meets the criteria, DDOE grants an initial approval status. New Delaware-based colleges are typically granted Recognized Applicant status, which allows the institution to begin operations and recruit students in Delaware but does not yet permit conferral of degrees. (During Recognized Applicant status, the institution works toward full accreditation and compliance to earn higher approval levels.) The DDOE will issue an official letter detailing the scope of the approval (listing approved programs and any conditions). Out-of-state institutions that are already degree-granting and accredited will receive an Operating License authorizing them to offer specific courses or degree programs to Delaware residents. The Operating License is the equivalent state authorization for institutions incorporated elsewhere, and it will note the term of approval (commonly valid for up to five years). If an application is deficient or the institution fails to meet requirements, DDOE may defer or deny approval with an explanation of deficiencies that must be remedied.

  7. Progress to Full Degree-Granting Authority – Delaware’s approval process for new degree-granting institutions is staged. After initial Recognized Applicant status, an institution may apply for Provisional Approval once it achieves key milestones (such as obtaining candidacy or initial accreditation, enrolling students, and maintaining compliance). Provisional Approval, when granted, permits the institution to confer degrees under DDOE oversight while it continues to progress. Eventually, upon meeting all standards and securing full accreditation, the institution can attain Full Approval, which confers ongoing degree-granting authority in Delaware. Each intermediate stage requires submitting updated documentation to DDOE and demonstrating compliance with any conditions set by the state. DDOE closely monitors the institution’s development during this period, including annual reports on enrollment, finances, and accreditation status.

  8. Continuous Compliance – Once licensed, institutions must operate in strict adherence to the terms of their Delaware approval. Any substantive changes — such as adding new degree programs, opening additional Delaware locations, major changes in ownership or leadership, or loss of accreditation status — must be reported to DDOE in advance. Certain changes (for example, introducing a new degree program or branch campus) may require a formal amendment to the Certificate of Approval or a separate review and sign-off by DDOE. Institutions are expected to maintain all student academic records securely and have a plan for records transfer or teach-out in case of closure (Delaware law mandates protection of student records and refunds). A school’s surety bond or escrowed funds must remain in effect as long as the school operates, unless and until DDOE allows an alternative assurance once the institution is fully established and accredited.

  9. Renewal of Approval – Delaware does not grant permanent licenses; authorizations must be renewed periodically. A Full Approval for degree authority is typically valid for a set term (e.g., five years). Likewise, an Operating License for out-of-state institutions is issued for a defined period (up to five years) and must be renewed to continue operations. To renew, an institution must submit a renewal application before the current approval expires, including any updated information (current catalog, financial statements, proof of accreditation status, etc.) and pay the renewal fee. DDOE will review compliance history and may require a site visit or additional documentation during renewal. Timely renewal is critical — operating with an expired certificate or license is a violation of state law.

Checklist of Required Items

  • Completed Application Form (initial or renewal, obtained from DDOE’s Higher Education Office)

  • Institutional Plan and Description – narrative covering mission, governance, administrative structure, and objectives

  • Academic Catalog and Program Outlines – including descriptions of each course of study, degree requirements, credit hours, and syllabi or curriculum outlines for proposed programs

  • Faculty Credentials – a listing of instructors and key academic administrators with their qualifications (degrees earned, professional experience, CVs/resumes)

  • Facilities & Equipment Information – documentation of campus location(s) in Delaware, floor plans or facility descriptions, and lists of major equipment and learning resources available to students (e.g. lab equipment, library resources, technology infrastructure)

  • Financial Documentation – evidence of adequate financial resources (such as recent audited financial statements, bank statements, budget projections, or financing plans) to sustain the school’s operations and support students

  • Surety Bond (or Designated Escrow Funds) – a bond in favor of the State of Delaware (minimum $25,000, or higher based on peak prepaid tuition) from a licensed surety company, to cover student tuition/fees in case of school closure

  • Accreditation Evidence or Plan – for institutions seeking degree authority: provide proof of current accreditation or documentation of steps taken toward accreditation (correspondence with an accreditor, timeline for achieving candidacy/status, etc.)

  • Corporate and Ownership Documents – if incorporated in Delaware, include a copy of the proposed Certificate of Incorporation or Charter (showing the required degree-conferring provision) and evidence of DDOE’s endorsement. If already incorporated out-of-state, provide a Certificate of Good Standing from the home state and a Delaware business registration if applicable

  • Home State Authorization (for out-of-state institutions) – documentation that the institution is approved to confer degrees in its home jurisdiction (state license, charter, or letter from regulatory agency)

  • Application Fee Payment – check or proof of payment for the required fee (e.g., $10,000 initial fee for new degree-granting institution, or $250 for an operating license application)

(Note: The Delaware DOE may request additional materials, such as academic policies, student handbook, promotional materials, or professional licensure exam pass rates for certain programs, depending on the nature of the institution and programs.)

Fees & Timelines

Fees: Delaware’s fees for postsecondary approval are established by regulation. For a new degree-granting institution (one that did not hold Delaware degree authority before the current regulations), the initial application fee is $10,000. This fee covers the intensive review of the institution’s proposal and is required upfront with the application. If the institution is approved and later seeks renewal or advancement to Full Approval, a renewal application fee of $5,000 is typically required. Institutions that held degree-granting authority in Delaware prior to recent regulatory changes are not subject to these new application fees for renewal, but all new entrants must budget for the $10k/$5k fee schedule.

Out-of-state institutions applying for a Delaware Operating License pay a smaller fee: an initial filing fee (historically around $250) with the application, and upon approval an operating license issuance fee (around $1,000). The operating license must be renewed at intervals (usually every five years) with a renewal fee (approximately $1,000 for each renewal term). All fees are payable to the Delaware Department of Education and are generally non-refundable. There are no additional program-specific fees to add new courses or degrees once the institution is approved, aside from possible site visit charges (if DDOE requires a visitation, the institution may need to cover associated travel or evaluation costs).

Timelines: Delaware does not have a fixed calendar cycle for institutional approvals; applications are reviewed on a rolling basis as received. The initial review process for a complete application typically takes a few months. First, DDOE will conduct an initial completeness check (which may take several weeks). Once all materials are in order and the fee is paid, a detailed evaluation is undertaken. If an external review committee is formed, the timeline may extend as the committee members need time to individually review the submission, then convene for discussion and recommendation. It is reasonable to expect several months (commonly 3–6 months) from submission to a decision on initial approval, though timing can vary depending on the quality of the application and scheduling of site visits or meetings. DDOE may grant Recognized Applicant status for an initial period of 1 year, after which the institution must report on its progress (especially in achieving accreditation candidacy and maintaining standards) to renew that status or advance to the next level. Recognized Applicant status can be renewed annually if progress is evident.

For planning purposes, new institutions should anticipate a multi-year journey to move from initial approval to Full Approval. Delaware’s regulations allow degree-granting institutions to confer degrees only after achieving Provisional Approval (which in turn requires significant progress such as candidacy or initial accreditation). Gaining Full Approval (permanent authorization) often aligns with securing full accreditation, which commonly takes 2–5 years. Throughout this period, DDOE maintains oversight via annual reports and possible interim evaluations.

Renewal of a Full Approval or an Operating License is generally more streamlined than initial approval. The renewal application should be submitted well ahead of the authorization’s expiration (DDOE will specify the deadline, often several months before expiration). Provided the institution has remained in good standing (no major compliance issues or complaints) and the renewal materials are satisfactory, renewals can be processed in a shorter timeframe (1–3 months). Nonetheless, institutions are urged to allow ample lead time for renewal to avoid any lapse in authorization.

Agency Contact

Delaware Department of Education – Higher Education Office
Director: Juliet Murawski
Phone: 302-735-4120
Email: juliet.murawski@doe.k12.de.us
Mailing Address: John G. Townsend Building, 401 Federal Street, Suite 2, Dover, DE 19901

(For inquiries specifically about state authorization of institutions, you may also contact the Postsecondary Education Specialist at DDOE’s Higher Education Office at 302-735-4223. The Delaware Secretary of State’s Division of Corporations can be reached at 302-739-4111 for questions about incorporating or registering a college, but note that academic program approval is solely handled by DDOE.)

Vocational and Career Schools

Process

Non-degree postsecondary schools – often termed private business and trade schools in Delaware law – follow a similar state approval process, though with some differences tailored to their scope. Any private postsecondary school that offers career training, vocational courses, or technical instruction (and does not grant college degrees) must obtain a Certificate of Approval from the Delaware Department of Education under Title 14, Chapter 85 of the Delaware Code. This requirement applies whether the school is located in Delaware or out-of-state but recruiting/operating within Delaware. The steps to licensure are comparable to those for degree colleges:

  1. Determine Applicability – If a school offers post-high-school training in business, trade, technical, or industrial subjects for which students pay tuition, it falls under Delaware’s private business and trade school licensing law. Such a school must be approved by DDOE before advertising or enrolling students in Delaware. Exceptions are limited (see State Exemptions at the end of this guide). Schools that strictly offer hobby courses or avocational training without vocational intent might not require approval, but in general, any career-oriented school comes under oversight. Out-of-state vocational institutions that only send recruiters into Delaware or offer distance training to Delaware residents are also subject to the law and need to either obtain a certificate of approval or ensure their recruiters are properly licensed as agents (if solely soliciting students for out-of-state programs).

  2. Prepare Application (Private Business/Trade School) – Compile the information required for a trade school license application. Delaware’s Department of Education will require details very similar to those needed for degree institutions: the official name of the school and ownership details, a list of the occupational programs or courses offered (with outlines of curricula), the physical address of the instructional site(s) and a description of facilities (classrooms, workshops, equipment available for training), an inventory of instructional equipment and tools for each program, the qualifications of instructors and staff (education, certifications, and industry experience), the school’s admissions criteria (including any entrance exam or prerequisites for students), and evidence of the school’s financial capacity to sustain operations (such as a budget, statement of funding, or surety arrangements). While national accreditation is not required for a Delaware trade school license, the school should maintain educational standards and may optionally seek accreditations relevant to its programs. All promotional materials, enrollment agreements, and refund policies should be prepared in line with state consumer protection rules (Delaware mandates specific refund provisions for student withdrawals, which the school must include in its enrollment agreement).

  3. Submit Application for Certificate of Approval – The school owner or authorized director must submit a written application to the Delaware Department of Education, as prescribed by the DDOE’s Office handling Private Business and Trade Schools. (DDOE may provide a standard application form or checklist for Chapter 85 approval requests.) The application must be notarized (verified under oath) and should include all the information gathered in the previous step. A filing fee must accompany the application (the amount is set by the Department; it is modest and intended to cover processing and the initial on-site evaluation). Currently, the Department determines the fee schedule by regulation rather than a fixed statute, but it is on the order of a few hundred dollars or less. Submit the application and fee to DDOE at the address given in the contact section. If the school will employ agents to solicit students (recruiters who operate outside the school premises), each agent must separately apply for an Agent Permit through DDOE – this is often done concurrently (agent applications require a small fee and personal character references or background checks).

  4. School Evaluation & Site Visit – After receiving the application, DDOE will review the documents for completeness and compliance. An on-site inspection of the school’s facilities will be scheduled as part of the approval process. For in-state schools, this means representatives from DDOE (or its designated Private Business and Trade School Advisory Committee) will visit the campus or training site to verify the classroom setup, safety and sanitary conditions, equipment, and record-keeping. They will also likely interview the school administrators and instructors to ensure understanding of regulatory obligations. If the school is based out-of-state and only registering in Delaware, DDOE may instead closely review documentation and any inspection reports from the home state in lieu of a Delaware site visit, unless the school plans to establish a physical site in Delaware. During the evaluation phase, the Department checks that the school’s refund policy meets state standards and that the school has secured the required surety bond for student protection. (For vocational schools, Delaware law sets the bond at no less than $25,000 per year, and potentially higher depending on the total prepaid tuition on hand. The bond must be issued by a company authorized in Delaware and is filed with the Secretary of State for safekeeping.)

  5. Approval and Certificate Issuance – If the Department’s evaluation is satisfactory, the Secretary of Education will approve the school for operation and issue a Certificate of Approval (license) to conduct the private business/trade school. This certificate will list the school name and location and must be prominently displayed at the school’s Delaware site. The initial Certificate of Approval is typically valid for one year and will have an expiration date noted. Along with the certificate, DDOE will send an approval letter outlining any conditions or limitations (for example, approval might be limited to certain programs or subject areas that were reviewed). Should the Department find deficiencies during review, the school may be asked to correct them (e.g., improve facility conditions, augment curriculum, increase bond amount, etc.) before approval is granted. In some cases, provisional or conditional approval might be given, allowing the school to operate under heightened oversight for a short period while addressing specific issues.

  6. Renewal & Ongoing Requirements – Licensed vocational schools must renew their certificate annually. The renewal process involves submitting a renewal application (updating any information that has changed, such as new courses added, staffing changes, or new financial statements) and paying a renewal fee as determined by DDOE. The Department may not require a full site visit for every yearly renewal, but an updated bond must be maintained and proof of bond renewal provided each year. Schools are required to adhere to all relevant regulations in Chapter 85, including maintaining student records, complying with advertising standards (no misleading claims about job placement, etc.), and filing any required annual reports. Any expansion of programs or opening of additional locations in Delaware should be reported to DDOE in advance; adding new fields of instruction may require a supplementary approval (though no fee is charged for approving additional courses beyond the initial scope). If the school ceases operation, Delaware law obligates it to arrange for proper storage or transfer of student transcripts and to refund any unearned tuition. Schools should also be aware that DDOE can investigate complaints from students or the public and has authority to impose penalties or revoke the license for violations such as fraud, misrepresentation, or failure to fulfill contractual educational services.

Checklist of Required Items

  • Notarized Application Form – completed and signed by the school’s chief owner or director, with all sections filled out (school name, ownership entity, addresses, program listings, etc.)

  • Course and Program Outlines – descriptions of each vocational program or course offered, including curriculum content, total clock hours or weeks of instruction, and any credential (certificate/diploma) awarded upon completion

  • Instructor Roster and Credentials – list of all instructors and trainers with details of their qualifications (educational background, professional certifications, and work experience relevant to the subjects they will teach)

  • Facility Description – address of the training location and a summary of the physical facilities: classroom space, workshops or labs, equipment and tools, sanitary conditions, and capacity for students. (Include any relevant occupancy permits or health/fire safety certifications if required for the location.)

  • Equipment Inventory – a detailed list of the training equipment, machines, or devices available, especially for technical trades (for example, if a school teaches automotive repair, list the types of engines or diagnostic machines; for cosmetology, list salon stations, etc.)

  • Financial Resources Statement – basic financial information demonstrating the school’s ability to operate (this might include a balance sheet or bank letter showing funds to run the program, a projected budget, or a statement of backing by owners). The school should show it can refund tuition if necessary and cover operational costs.

  • Student Enrollment Agreement and Refund Policy – a copy of the enrollment contract that students must sign, including the tuition and fees charged for each program, and the tuition refund policy that meets Delaware’s requirements (pro-rata refund calculations and 72-hour cancellation notice for new enrollees).

  • Surety Bond Proof – a copy of the executed surety bond (or bond certificate) indicating the coverage amount and the bonding company, as required by law (minimum $25,000; potentially more based on enrollment). The bond ensures refunds will be available if the school closes or fails to provide instruction.

  • Sample Diploma or Certificate – an example of the certificate of completion or diploma that will be issued to graduates (if applicable) and any marketing materials that describe the programs.

  • Agent Permit Applications (if needed) – separate applications for each individual who will act as an admissions recruiter or agent outside the school premises, including required personal details and the $5.00 agent permit fee for each. (Skip if all student recruitment is done in-house by school employees on-site or if not applicable.)

  • Application Fee Payment – a check or money order for the school license application fee (as specified by DDOE’s current schedule; ensure the payment is included with the submission to avoid delays).

Fees & Timelines

Fees: The Delaware Department of Education sets the fees for private business and trade school licensing by regulation. The fees are minimal compared to degree-college fees. Each original (initial) application for a Certificate of Approval must include a filing fee determined by DDOE. As of recent practice, this initial fee is a nominal amount (often on the order of tens or low hundreds of dollars) intended to cover the cost of reviewing the application and conducting the on-site evaluation. For example, a school might remit a $100 application fee (the exact amount is subject to DDOE’s fee schedule and may be updated periodically). There is also an annual renewal fee for the certificate, likewise determined by DDOE; this renewal fee is modest (potentially a similar amount or slightly lower than the initial fee). Notably, Delaware does not charge any fee for submitting a supplementary application to add new courses or programs to an existing school’s approval – in other words, once you are licensed, you can request approval to expand your program offerings without an extra course fee.

Agent permits for school representatives are handled separately: each agent application or renewal carries a small fee (currently $5 per year, as set in regulation) unless the agent is an owner of the school (owners acting as their own agents can be fee-exempt). All fees are payable to the State of Delaware, Department of Education, and must be paid by check or another approved method. Schools should confirm the latest fee amounts with DDOE when preparing to apply, as fee schedules can be updated by the State Board of Education’s regulations.

Timelines: The approval timeline for vocational and career schools is generally faster and more straightforward than for degree-granting institutions. Once a complete application and fee are submitted, DDOE will typically reach out to schedule the site visit or inspection within a few weeks. The overall process from application to a decision often takes about 4 to 8 weeks, assuming no major deficiencies. Much depends on scheduling the on-site evaluation and the responsiveness of the school in providing any additional information requested. If everything is in order and the site visit is successful, DDOE can issue the Certificate of Approval shortly thereafter. In some cases, schools have been licensed within one month of applying, but it’s wise to allow a couple of months for processing. It’s recommended to plan your school’s start date with this in mind – do not advertise start dates or enroll students until you have the certificate in hand.

Renewals occur annually and should be submitted with enough lead time before the certificate’s expiration. DDOE often sends a renewal reminder or form to currently approved schools. As long as the school has had no significant compliance issues or complaints, renewals are processed relatively quickly (within a few weeks). The school must ensure the renewal fee is paid and the bond remains continuously in effect; failing to renew on time could result in the certificate lapsing. Operating with an expired approval would violate the law, so schools should mark their calendars for each renewal cycle (typically, certificates expire one year from issue date, on June 30 of the year or another annual schedule specified by DDOE).

One should note that if a vocational school plans to introduce new programs that are substantially different from those on its approved list, it should inform DDOE and submit an application to add those programs. While no additional fee is charged, DDOE will want to verify that the school has the necessary equipment and instructor expertise for the new field. This supplemental approval for new programs can usually be handled by documentation review and does not necessarily reset the renewal date — the school keeps its original renewal schedule.

Agency Contact

Delaware Department of Education – Private Business & Trade School Licensure
Attn: Adult & Vocational Education Supervisor (Private School Licensing)
Phone: 302-735-4120
Email: dheo@doe.k12.de.us (Delaware Higher Education Office general email)
Address: 401 Federal Street, Suite 2, Dover, DE 19901

(The same Delaware Higher Education Office coordinates approvals for both degree-granting institutions and non-degree vocational schools, though internal staff may differ. In correspondence, indicate that you are inquiring about Private Business and Trade School certification to be directed to the appropriate specialist. You may also call the main DDOE number at 302-735-4000 and ask for the person handling private postsecondary school licenses.)

State Exemptions

Delaware law provides specific exemptions from state postsecondary authorization requirements for certain institutions and programs. If an entity falls under an exemption, it may not need to obtain a Certificate of Approval from DDOE; however, institutions often voluntarily seek authorization if there is any doubt. The following are Delaware exemptions to note:

  • Public Institutions Established by Law – Delaware’s public colleges and universities (such as the University of Delaware, Delaware State University, and Delaware Technical Community College) are exempt from DDOE’s private licensing oversight. These institutions are created by state law and therefore do not require a DDOE Certificate of Approval to operate or confer degrees. (Their programs are authorized through their legislative charters and overseen by their own governing boards, not through the DDOE Higher Education Office.)

  • Pre-1972 Delaware-Approved Institutions – Any institution with its main campus in Delaware that had already obtained degree-granting authority from the Department of Education before July 18, 1972 is grandfathered and exempt from the current postsecondary licensing regulations (Chapter 85). This historical exemption was designed to exclude long-standing Delaware institutions from needing to reapply under newer private school statutes. In practice, this applies to a very limited number of older institutions. New schools will not qualify for this exemption.

  • Apprenticeship and In-Company Training Programs – Programs of instruction offered exclusively for a company’s own employees or prospective employees (often called in-house training or apprenticeship programs) are exempt. For example, if a corporation runs a proprietary training center to teach its workers specific skills, or a union provides a trade apprenticeship program for its members, these activities do not require a DDOE certificate. The key factor is that the training is not open to the general public and is limited to internal workforce development. These exempt programs are typically under other oversight (for instance, the Delaware Department of Labor may oversee registered apprenticeships).

  • Religious Institutions (Potential Limited Exemption) – Delaware’s statutes do not explicitly carve out a broad exemption for religious colleges as some states do. However, a genuinely religious institution that offers purely theological or religious education and awards only ecclesiastical degrees (e.g. Bible studies, ministry diplomas) might not be considered a “postsecondary institution” for purposes of state approval, especially if it does not issue generally recognized academic degrees. Such cases are evaluated individually. If a religious school wishes to grant conventional degrees (Associate, Bachelor’s, etc.), Delaware expects it to seek state approval unless it clearly qualifies as offering only sectarian credentials. It is advisable for any religious college in Delaware to consult with the DDOE to determine if an exemption applies or if voluntary licensure is recommended.

  • SARA Participation for Distance Education – While not a statutory “exemption,” it is important to note that Delaware is a member of the State Authorization Reciprocity Agreement (SARA). This means an out-of-state institution that is fully online (no physical presence in Delaware) can enroll Delaware residents in online programs without a separate Delaware license if that institution is approved by its own home state under SARA. Essentially, SARA-participating institutions are relieved from needing individual state-by-state authorization for purely distance education. However, if such an institution establishes a physical location or carries out on-the-ground instruction or recruiting in Delaware, it would need to obtain Delaware authorization. Delaware institutions that operate online in other SARA member states likewise benefit from this reciprocity. Institutions should verify their SARA status and ensure compliance with SARA policies for any internships or practical experiences occurring in Delaware.

In all cases, when claiming an exemption it is prudent to keep documentation on file supporting the exemption (for example, a letter from DDOE acknowledging that the institution or program is exempt). When in doubt, contact the Delaware Department of Education for guidance. Remember that even exempt institutions can choose to pursue voluntary state licensure. Delaware in some instances allows religious or other exempt schools to obtain a Certificate of Approval voluntarily, which can lend credibility and allow the school to legally offer certain protections (like posting a bond may not be required by law for them, but doing so and being licensed can reassure students). Always refer to the most current Delaware Code and Department regulations for any updates to exemption categories or definitions.

For personalized guidance on navigating the authorization process for your private post secondary institution in Delaware, reach out to Expert Education Consultants (EEC) at +19252089037 or email sandra@experteduconsult.com

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