West Virginia: A Step By Step Guide To Obtain State Approval For A Private Post Secondary Institution

Licensing Agency

West Virginia Higher Education Policy Commission (WVHEPC) – Authorizes private degree‐granting institutions (above the associate degree level).
West Virginia Council for Community and Technical College Education (WV CTCS) – Oversees proprietary career schools (non-degree and associate-level programs).

Agency Contact - Degree Granting Institutions

West Virginia Higher Education Policy Commission – Division of Academic Affairs (State Authorization)
Contact Person: Lucy Kefauver, State Authorization Program Coordinator
Phone: 304-205-6073
Mailing Address: 2001 Union Carbide Drive, South Charleston, WV 25303

Agency Contact - Vocational Schools

West Virginia Council for Community and Technical College Education – Division of Technical & Adult Education (Proprietary School Oversight)
Contact Office: WV CTCS, Academic Affairs – Private School Licensure
Phone: 304-558-0265 (central office line)
Mailing Address: 1018 Kanawha Boulevard East, Suite 700, Charleston, WV 25301

Degree-Granting Institutions

Process

West Virginia requires any institution offering degrees beyond the associate level to be authorized by the WV Higher Education Policy Commission before operating. Below are the steps to obtain approval:

• Determine Oversight – Confirm that the programs you intend to offer are above the associate level (if your highest offering is an associate degree or a non-degree program, see the Council process in the next section). Degree programs at the bachelor’s level or higher fall under WVHEPC’s jurisdiction for authorization.
  
  
• Check Exemption Status – Identify whether the institution might qualify for any statutory exemption. Purely religious institutions confining instruction to theology or religious vocations may be exempt (see State Exemptions at the end). In most cases, colleges offering academic degrees will not be exempt and must proceed with the authorization process.
  
  
• Preliminary Consultation – It is recommended to contact the WVHEPC Division of Academic Affairs before formally applying. Commission staff can provide guidance on requirements and help you understand the process. (The Commission often directs new applicants to consult with the Director of Academic Affairs prior to submitting documentation.)
  
  
• Prepare Application Materials – Gather all required documentation for the initial application. This will include:
  
  
  
  • Institutional Plan or Proposal – A detailed narrative of the proposed college, covering mission, governance, academic programs, admissions policies, student services, faculty, facilities, finances, and accreditation plans. Often structured as a self-study or feasibility report.
    
    
  • Corporate Documents – Articles of incorporation, bylaws, ownership information, and organizational structure of the institution.
    
    
  • Academic Catalogs – Draft catalogs or program outlines for each degree to be offered (including curriculum requirements, course descriptions, credit hours, and academic policies).
    
    
  • Faculty Credentials – A list of instructors and administrators with their qualifications (CVs, degrees, and experience). This demonstrates that faculty meet expected standards (e.g. master’s or doctoral degrees in their teaching disciplines).
    
    
  • Facilities & Equipment – Information on campus location, classrooms, libraries, labs, and equipment. Include evidence that facilities will meet fire, health, and safety codes (inspection certificates or letters from local authorities).
    
    
  • Financial Statements – Documentation of financial stability (such as audited financial statements, budgets, or bank statements for new entities) to show the institution can sustain operations and protect student tuition.
    
    
  • Surety Bond – A $100,000 surety bond payable to the State of West Virginia (WVHEPC) must be secured. This bond, issued by an authorized bonding company, guarantees student tuition refunds in case the school closes or fails to deliver instruction. (The Commission may allow a reduced bond amount if unearned tuition at risk is very low, but never below $20,000.)
    
    
  • Accreditation Plan – If the institution is not yet accredited, provide a detailed plan for achieving accreditation, including timelines for candidacy and full accreditation with a recognized accreditor. If already accredited, include proof of current accreditation status.
    
    
  • Fee Payment – A check or proof of payment for the required application fee (see “Fees Payment” below).
    
    
• Submit Application – Complete the official Initial Authorization Application form (available from WVHEPC) and submit it with all supporting materials to the Higher Education Policy Commission. Applications are typically submitted by mail or email to the WVHEPC’s Office of Academic Affairs. Ensure that the submission is organized and includes every required item; missing documents can delay the process. An institution may not advertise or enroll students until this authorization is granted.
  
  
• Fees Payment – Include the $6,000 non-refundable application fee with the initial submission. This fee covers the cost of evaluating the proposal. (For certain institutions, such as an already-accredited out-of-state college seeking a limited presence, the Commission may assess a smaller fee – often around $500 – but new standalone institutions in WV pay the full $6,000.) There are no percentage-of-revenue fees in WV; fees are flat amounts set by rule. Future fees, like annual renewals, will apply after approval (see Fees & Timelines).
  
  
• Review & Evaluation – Commission staff will review the application for completeness and compliance with Series 20 (the state rule on authorization). If complete, WVHEPC will convene a compliance review committee to evaluate the proposal in depth. This committee typically includes Commission staff and external experts in higher education. They will assess the academic soundness of proposed programs, qualifications of faculty, adequacy of facilities, financial sustainability, and plans for student support and outcomes. As part of the evaluation, the Commission will conduct a site visit to any proposed West Virginia campus location. During this visit, reviewers verify that facilities and resources described in the application (classrooms, labs, equipment, etc.) are in place and meet standards. The review committee then prepares a report of findings and a recommendation to the Commission.
  
  
• Additional Review – No additional state board is required to approve a degree-granting institution in West Virginia beyond the Higher Education Policy Commission. The Commission’s authorization is the definitive approval for operation. However, if the institution is out-of-state and already operating elsewhere, it must demonstrate approval to confer degrees in its home state and a good standing with its accreditor. (The Commission may waive certain steps of the review for an accredited, established institution seeking authorization, as noted above, and charge only the minimal fee.) All institutions, whether new or established, must also register as a business with the WV Secretary of State, but that is a separate corporate registration step and not an academic review.
  
  
• Licensure Decision – After the review is complete, the Commission will vote on whether to grant Initial Authorization. If approved, WVHEPC issues a Certificate of Authorization (sometimes called a license) to operate in West Virginia. Typically, new institutions receive provisional authorization for up to four years (the exact term will be specified) during which they must achieve full accreditation. The authorization will list the degree programs and any specific campuses or instructional sites approved. An initial authorization allows the school to begin advertising, recruiting, and offering the approved programs to students in the state. If the Commission finds shortcomings, it may defer a decision or deny authorization; in case of denial, the institution would receive reasons and may have an opportunity to correct deficiencies and reapply.
  
  
• Continuous Compliance – Once authorized, a school must operate in compliance with all conditions of its approval and state law. Schools must maintain their surety bond annually and adhere to all the representations made in their application (for example, delivering the programs at the quality promised, and not diverging from approved programs without permission). Any substantive changes – such as adding a new degree program, changing the location or name of the institution, or a major change in ownership – require prior notification to and approval from WVHEPC. The institution is expected to make steady progress toward any conditions set by the Commission, such as achieving accreditation within the provisional period. It must also uphold consumer protection standards, meaning truthful advertising, fair enrollment agreements, proper handling of student records, and compliance with federal and state regulations (e.g. financial aid rules if applicable). The Commission monitors institutions through required annual reports and can take action (“sanctions”) if a school falls out of compliance (up to revoking the authorization).
  
  
• Renewal – West Virginia does not grant permanent licenses to new private colleges without oversight; instead, authorized institutions must undergo annual reauthorization. Each year, an authorized institution submits a renewal application (an annual report) to WVHEPC, updating key information (enrollment data, financial status, accreditation updates, etc.) and pays a renewal fee. For new institutions on provisional status, renewal is crucial to continue operations each year and is a checkpoint for progress toward accreditation. Once an institution attains full accreditation and completes its provisional period, the Commission may grant a more extended authorization status, but annual filings and fees remain required by Series 52 (Annual Reauthorization rule). In practice, expect to renew the authorization every year by November 1 (the typical deadline) by submitting the annual report and $500 fee to the Commission. Timely renewal ensures the institution’s approval remains valid into the next year.
  
  

Application

The application for initial authorization is submitted to WVHEPC’s Office of Academic Affairs. There isn’t an online portal; instead, the process is handled through direct correspondence. An applicant should compile a complete application packet containing the materials listed above (see Checklist) and a cover letter formally requesting state authorization. This packet is sent to the Commission (by mail or email, as instructed by WVHEPC staff during preliminary consultation). The application must be signed by the institution’s chief executive or authorized representative. It’s advisable to paginate and label sections of the application for clarity (e.g., Tab 1: Governance, Tab 2: Programs, etc.) according to the state’s guidelines (often mirroring the outline of Series 20 requirements). Once the Commission receives the application, they will acknowledge receipt and either indicate it is ready for review or ask for additional information if something is missing. Remember to include proof of payment for the application fee (such as a check or payment confirmation) when submitting. All communications during the review – including scheduling the site visit or answering the review committee’s questions – will typically occur via the contact person you’ve designated in the application.

Fees Payment

Initial Fee: The $6,000 application fee must accompany the initial application. This fee is set by state rule and is non-refundable, even if authorization is denied. The Commission has the authority to adjust fees by rule, but $6,000 is the current standard for new degree-granting institutions locating in West Virginia. Payment is usually made by check or money order payable to “West Virginia Higher Education Policy Commission.” (Contact Commission staff for the exact payee details and where to send the payment.)

Additional Fees: In special cases, an institution that already holds accreditation and authorization in another state might be charged a reduced fee of $500 for a West Virginia authorization, but this generally applies to out-of-state schools seeking a limited authorization (such as offering online programs with a minor physical presence). The vast majority of new institutions should budget for the full $6,000. There is no separate fee for the site visit or for the review itself beyond what the application fee covers.

Renewal Fees: After approval, each authorized institution must pay an annual reauthorization fee of $500 when submitting the yearly renewal application. This fee is due by the deadline (typically November 1 each year for the next authorization period). Failure to pay the renewal fee on time can lead to late fees ($300 late charge) or even jeopardize the institution’s authorization status.

All fees are payable to WVHEPC and, in most cases, are submitted via check to the Commission’s finance office. Always refer to the latest guidelines or instructions on fee submission to ensure proper processing.

Review & Evaluation

Once your application is in, two levels of review occur: an administrative completeness check and a substantive evaluation.

1. Completeness Check: WVHEPC staff will verify that all required information and documents have been provided. They will also confirm the correct fee and bond have been received. If anything is missing or unclear, you will be notified and asked to supply the information. This preliminary check can take a few weeks. It’s crucial to respond promptly to any requests at this stage to keep the process moving.

2. Substantive Evaluation: After an application is deemed complete, the Commission assembles a Compliance Review Committee to thoroughly evaluate the proposal. This committee typically includes WVHEPC academic affairs staff and external reviewers (such as academic professionals from other institutions or subject-matter experts) who lend independent perspective on the quality of the proposed institution. The evaluation focuses on several key areas:

• Academic Quality: Are the curriculum and program requirements appropriate for the degrees offered? Do program learning outcomes align with generally accepted standards for those degrees (e.g., a bachelor’s program should have at least 120 credits with a general education component, etc.)?
  
  
• Faculty Qualifications: Does the institution have faculty with the necessary academic credentials and experience to deliver college-level instruction? (For example, faculty teaching baccalaureate courses usually should have a master’s or doctorate in the discipline or a closely related field.)
  
  
• Educational Resources: Are there sufficient learning resources (library holdings, labs, technology, internships or practical training opportunities) to support the programs? The committee will look at plans for libraries (physical or electronic), student support services, and any partnerships for clinical or practical experiences.
  
  
• Governance and Administration: The committee examines whether the governance structure (board of directors/trustees and administrative leadership) is sound, with policies that ensure academic integrity and financial accountability. They may review the background of owners or principals for any history of operating other institutions.
  
  
• Financial Health: The institution’s financial projections and statements are reviewed to ensure there are adequate resources to launch and sustain the school. The Commission wants to see that the school can operate for at least a year or two without solely depending on optimistic enrollment figures. Evidence of reserve funds, a line of credit, or backing by a parent organization can be important here.
  
  
• Accreditation Readiness: Since new degree institutions in WV are expected to become accredited, the plan and timeline for achieving accreditation are scrutinized. The committee will assess whether the timeline is reasonable and whether the institution’s leadership understands and is prepared for the accreditation process. Often, candidacy or pre-accreditation should be achieved within a couple of years of operation.
  
  

Site Visit: A critical component of the evaluation is the on-site visit. Commission representatives (which may include some committee members) will visit the proposed campus or instructional site. During the visit, they will inspect classrooms, labs, technology infrastructure, and other facilities to ensure they match the descriptions in the application and meet basic standards (e.g., enough space for the number of students, appropriate equipment for technical programs, compliance with safety regulations). They will also often meet with key personnel – prospective faculty, administrators, and trustees – to ask questions and clarify aspects of the proposal. If the institution’s facilities are out-of-state or not yet set up, the Commission may hold meetings at their office instead, but an in-person inspection in WV is usually required if there’s a physical campus.

Report and Recommendation: After completing its review and site evaluation, the compliance committee will compile a report summarizing findings. This report will highlight strengths, note any concerns or deficiencies, and state whether the committee recommends approval or not. It will be provided to the Commissioners of WVHEPC for consideration at the meeting where the authorization decision is made. You may or may not receive a copy of this report beforehand, but any major concerns are typically communicated to you for response prior to final decision.

Throughout the evaluation stage, maintain good communication with Commission staff. If they request additional information or clarifications (for example, a revised budget, updated faculty list, or a modification to a policy), provide it promptly. The process is somewhat iterative – the goal is to resolve any issues so that by the time of decision, the Commission has confidence in granting approval.

Additional Review

For degree-granting institutions, the Higher Education Policy Commission is the sole state authority you need approval from. There is no separate higher education board or commission in WV that you must go through for general degree authorization (unlike some states that have multiple boards). However, be aware of a few ancillary or conditional scenarios:

• Out-of-State Institutions: If your institution is chartered in another state (or is a public university from another state) and you want to operate in West Virginia (e.g., open a branch campus or offer programs at a WV site), you still must obtain WVHEPC authorization. The Commission will, however, take into account your existing accreditation and track record. West Virginia’s rules allow streamlined authorization for accredited out-of-state institutions – for example, the fee is lower ($500) and the process may forego certain steps of evaluation, provided you show proof of regional or national accreditation and home-state authorization. You will not need any approval from the WV CTCS (Council) or other bodies; WVHEPC handles degree-granting institutions whether they are native or from out-of-state. Ensure you remain authorized in your original state and maintain accreditation, as those are conditions for keeping WV approval.
  
  
• Secretary of State Registration: All institutions (whether WV-based or outside) that operate or solicit in West Virginia must register with the WV Secretary of State’s Office as a business entity (foreign or domestic). This is a legal requirement separate from educational authorization. It involves filing corporate paperwork so you have authority to do business in WV and obtaining a business license where applicable. This is not an academic review, but failure to register can cause legal issues. Typically, you would complete this around the same time or soon after getting Commission approval.
  
  
• Professional Program Accreditation: If you plan to offer programs that fall under professional licensure (for instance, a nursing program, teacher education, or law school), you may need additional programmatic approvals:
  
  
  
  • Nursing: The WV Board of Examiners for Registered Professional Nurses must approve new nursing education programs (RN or LPN programs) in the state. WVHEPC may grant institutional authorization, but you cannot enroll nursing students until the nursing board signs off on the program.
    
    
  • Education: If you will offer degrees leading to teacher certification, the WV Department of Education or relevant coordinating body would need to review those programs for state educator certification standards.
    
    
  • Other Licensure: Fields like law, medicine, dentistry, etc., have their own boards or accreditation processes (though it’s unlikely a new institution would immediately open such programs).
    
    

These are not “additional reviews” in the sense of separate institutional licensure, but they are parallel approvals that you must plan for if relevant.

• ACHE (Reciprocity): Note: Alabama had an ACHE review for out-of-state ownership; West Virginia does not have an analogous second agency. The WV Higher Education Policy Commission itself handles any needed scrutiny of out-of-state ownership or cross-border issues. In some cases, WVHEPC may consult with the WV Council (CTCS) if an institution’s offerings span both degree and non-degree areas (for example, offering some associate degrees and some bachelor’s degrees), but typically the Commission will coordinate internally without requiring the applicant to take extra steps.
  
  

In summary, beyond WVHEPC authorization and standard business registration, no separate state-level approvals are required for the institution as a whole. Just be mindful of program-specific regulations and maintain compliance with all other federal regulations (such as U.S. Department of Education requirements if you plan to offer federal financial aid).

Licensure Decision

The final authorization decision is usually made by the Higher Education Policy Commission members at one of their regular meetings (or a special meeting). Here’s how that unfolds and what to expect:

• Commission Meeting: Your application, along with the review committee’s report and recommendation, will be placed on the agenda. In some cases, Commission staff may invite representatives of the applicant institution to attend or be on standby for questions during the meeting. (This is not a formal hearing, but occasionally the Commissioners may want to hear directly from the prospective institution, especially if there are unique aspects or concerns.)
  
  
• Approval: If the Commission votes to approve, you will receive an official approval letter and a Certificate of Authorization. The approval letter will outline any conditions of the authorization. Common conditions for initial (provisional) approval include:
  
  • A requirement to achieve accredited status by a certain date (e.g., candidacy status within 2 years and full accreditation within 5 years).
  • Limitations on enrollment until certain facilities or faculty are in place.
  • A requirement to submit periodic progress updates (such as annual accreditation progress reports).
  • The term of the authorization (e.g., “This initial authorization is valid for four years from the date of issuance, contingent upon annual reauthorization.”).
    
    
• The letter will also enumerate the degree programs and degrees (e.g., Bachelor of Science in Business Administration, Master of Arts in Education) you are authorized to offer, and the site or campus approved (if you proposed multiple locations, each will be listed if approved).
  
  Initial Term: Typically, initial authorizations for new institutions are given for a period of up to four years. This allows the school to operate and work toward accreditation. Near the end of that period, the institution would either apply for full authorization (often coinciding with achieving accreditation) or seek an extension if needed. However, remember that annual reauthorization filings are still required during this period.
  
  
• Denial or Deferral: If the Commission is not satisfied that the institution has met requirements, they may deny the application or defer the decision. A denial will come with a notice explaining the reasons (such as insufficient financial resources, inadequate curriculum, unqualified faculty, etc.). The institution would then be prohibited from operating, but it could address the issues and reapply in the future. A deferral means the Commission postpones action, often to allow the institution to correct or clarify specific points. For example, they might defer a decision pending the hiring of a qualified academic dean or securing a larger bond if they felt $100,000 was initially not enough. In a deferral scenario, you typically would not need to start over completely; you’d submit the additional information and the Commission would reconsider at a subsequent meeting.
  
  
• License Issuance: Upon approval, the Certificate of Authorization you receive is essentially your license to operate. It should be displayed at your institution. The certificate will have an issue date (and sometimes an expiration or review date). Keep this document safe; you may need to show it to entities like other regulators or even accreditors to prove state authorization.
  
  
• Begin Operations: With the authorization in hand, you can legally begin to advertise your programs, recruit students, and start classes in West Virginia (assuming your start date aligns with when you expected to open). Be mindful of any conditions – for example, if you are limited to a certain program or location, do not exceed that authority without going back to the Commission for an amendment to your authorization.
  
  

Remember, initial authorization is a significant milestone, but it comes with ongoing responsibilities (detailed next). Many new institutions operate under the watchful eye of the Commission until they prove themselves through accreditation and stable operation. By following all stipulations in the licensure decision, you set the stage for a successful transition to long-term approval.

Continuous Compliance

Operating a private college under WVHEPC authorization is an ongoing commitment. Here are the key aspects of continuous compliance:

• Accreditation Progress: If you were authorized on the condition of becoming accredited, this is priority one. You must actively pursue accreditation according to the timeline submitted. This means maintaining correspondence with your chosen accrediting agency, filing for candidacy or pre-accreditation on schedule, and hosting accreditation visits as needed. WVHEPC will expect updates – often annually – on where you stand in the accreditation process. Failure to show “reasonable and timely progress” toward accreditation can lead to the Commission revoking your provisional authorization. (For instance, if three years pass with little movement toward accreditation, the Commission may decide not to reauthorize for the next year.)
  
  
• Annual Reauthorization: Each year, by the required deadline (November 1 under current rules), submit your Annual Reauthorization Application (also known as the Annual Report) to the Commission. This report typically includes updated information: current enrollment numbers, student retention rates, any changes in programs or faculty, audited financial statements for the most recent fiscal year, proof of bond renewal, and an update on accreditation status. A $500 fee must accompany this report. The Commission will review it to ensure the institution still meets standards. If you miss the deadline or fail to file, your authorization can lapse – meaning you would legally have to halt operations – so this is a critical annual task.
  
  
• Bond and Financial Stability: The $100,000 surety bond must be kept active at all times. Renew it annually with your bonding company and ensure the Commission has the current bond information. If your enrollment grows significantly or if the Commission has concerns about finances, they have the authority to require a higher bond (for example, $150,000 if your accreditation is revoked for cause, or up to $400,000 if an audit indicates financial instability that could threaten students’ prepaid tuition). Always keep an eye on the school’s financial health – maintain sufficient reserves and responsible budgeting. West Virginia requires fair tuition refund policies, so plan finances knowing that if a student withdraws early or the school were to close, unearned tuition must be returned.
  
  
• Program Changes: You cannot simply add new degree programs or higher degree levels on a whim. For any new program not explicitly authorized, you must apply to the Commission for an amendment to your authorization before advertising or offering it. Similarly, if you want to start offering degrees at a higher level than approved (e.g., your authorization is for bachelor’s degrees and you later wish to add a master’s program), that requires a whole new level of review and Commission approval. Always seek program approval for substantive changes. On a related note, if you discontinue an approved program or make major revisions, inform the Commission in your annual report.
  
  
• Physical Presence and Locations: Your authorization is tied to the location(s) you proposed. If you plan to relocate the main campus or open an additional instructional site in West Virginia, you must notify WVHEPC (and likely undergo a site visit for the new location). Unauthorized additional campuses or learning sites could be viewed as operating without approval, so get clearance first. Conversely, if you expand via online education, note that purely online offerings to out-of-state students do not trigger WV authorization, but if you start targeting WV students with online programs and have staff or an office in WV, that still counts as physical presence (subject to either WVHEPC rules or participation in NC-SARA for distance ed).
  
  
• Consumer Protection Rules: Operate with integrity in all dealings with students. The Commission’s rules (Series 52) outline fair consumer practices: accurate advertising, transparent admissions and credit transfer information, proper handling of federal student aid, truthful job placement claims, and honoring all terms of enrollment agreements. Keep documentation of compliance in these areas because student complaints can be filed with WVHEPC. The Commission has the power to investigate complaints and require corrective actions. A pattern of justified complaints could lead to probation or loss of authorization.
  
  
• Reporting and Audits: Beyond the annual report, the Commission might request additional data from time to time (for example, if federal law or state policy changes, they might collect certain student outcome metrics). Be prepared to comply. Also, maintain student records (transcripts, financial ledgers) securely and in compliance with privacy laws. In the unfortunate event that the institution were to cease operations, those records should be transferred to the WVHEPC or a repository per state instructions so students aren’t stranded. Planning for a teach-out (how students would finish their education if the school closed) is actually a requirement under accreditation and something the Commission expects you to be mindful of.
  
  
• Changes of Ownership or Governance: If the institution undergoes a significant change (sold to a new owner, merges with another entity, major change in its governing board structure), you must notify WVHEPC within 10 business days of the change. In fact, state rule requires approval of change of ownership – a new owner must apply for continuation of the authorization. Not doing so can invalidate your authorization. Essentially, the authorization is not automatically transferable to new owners without Commission consent.

Staying compliant is an ongoing effort, but by integrating these obligations into your institutional policies and calendar, it becomes part of regular operations. Many authorized institutions in WV operate for years successfully by treating state compliance with the same seriousness as accreditation compliance.

Renewal

West Virginia’s reauthorization (renewal) process is annual and ensures that a degree-granting institution continues to meet the state’s requirements each year. Here’s how the renewal process works:

• Timeline: The Commission’s Annual Reauthorization cycle typically runs on a calendar year basis. The deadline to submit the annual reauthorization application is November 1 each year (for authorization covering January 1 – December 31 of the upcoming year). WVHEPC will usually send a reminder or the necessary forms in advance, but even if you do not receive a notice, it is your responsibility to file on time.
  
  
• Annual Report Contents: The Annual Reauthorization Application often doubles as an annual report. You will need to provide updated information such as:
  
  
  
  • Enrollment Data: Total number of students (and possibly a breakdown by program) for the current year.
  • Student Outcomes: First-year retention rates, graduation rates (if applicable), and any other metrics the Commission asks for.
  • Accreditation Status: An update on steps taken toward accreditation or maintenance of accreditation. If any accrediting visits or actions occurred (e.g., you achieved candidacy or received an accreditation decision), detail that. Include a copy of your accreditor’s most recent action letter.
  • Financial Information: You may need to submit the latest audited financial statement or a financial report. If the Commission has concerns, they might ask for additional documentation.
  • Tuition and Fee Schedule: A current list of tuition, fees, and any changes in refund policy. (This is to ensure any changes still align with fair practice.)
  • Program Changes: Note any program that was added or discontinued (with Commission approval) during the year, or any changes in program length or delivery format.
  • Faculty/Staff Changes: In particular, changes in key leadership (new president, academic dean, etc.) or any significant shift in faculty composition can be noted.
  • Student Complaints: Some states ask if any formal complaints were filed and their resolution; be prepared to report if required.
    
    
• WVHEPC provides a template or form for this report – often a series of questions or a checklist to complete.
  
  
• Certifications: The application will require the signature of the institution’s chief executive (President or CEO) certifying that the information is true and that the institution continues to comply with all laws and regulations. It may also include an affirmation that the institution adheres to fair consumer practices (as defined in Series 52).
  
  
• Fee Submission: A non-refundable $500 renewal fee must accompany the annual report. If you operate multiple campuses under the same authorization, clarify with WVHEPC if an additional fee is required per site – generally, the $500 covers the institution (the Council uses per-campus fees on the non-degree side, but WVHEPC’s fee is per institution). Make sure payment is sent by the deadline as well.
  
  
• Commission Review: Commission staff will review the submitted annual report. If everything is in order, reauthorization is typically granted administratively. (Unlike initial approval, the annual renewals might not require a full Commission vote each year; the staff can approve and then later inform the Commission or include in a consent agenda.) If the report raises any concerns – for example, a worrying financial audit or a lapse in bond coverage or accreditation issues – the Commission could flag the institution for further investigation or attach conditions to the renewal.
  
  
• Late or Missed Renewal: If you miss the November 1 deadline, the rules prescribe a $300 late fee and require the application ASAP. Operating without having reauthorization in place is a violation; however, WVHEPC generally works with institutions to avoid any lapse as long as the situation is promptly corrected. Chronic lateness or failure to submit can result in suspension of degree-granting authority until resolved.
  
  
• Confirmation: Once reauthorization is processed, the Commission will send a confirmation, often in the form of an updated certificate or letter stating that the institution is authorized for the next year. You might also find your institution listed on the WVHEPC website under authorized institutions, which is periodically updated.

It’s important to integrate the reauthorization process into your institutional planning calendar. Many schools assign this responsibility to an institutional compliance officer or accreditation liaison officer, since the data collected often overlaps with what accreditors require. By keeping thorough records and maintaining compliance throughout the year (as discussed in Continuous Compliance), the renewal process will be straightforward. Essentially, the state wants to see that your school is stable, compliant, and making progress (especially if still in the provisional stage).

After the initial multi-year provisional period and once fully accredited, the annual reauthorization continues, but at that point it becomes a routine formality as long as no major issues arise. Some states drop to less frequent renewals after full approval; West Virginia currently requires it every year regardless, to ensure ongoing oversight of private institutions.

Checklist of Required Items

When preparing an application for initial authorization of a degree-granting institution in West Virginia, make sure the following components are included:

• Cover Letter – A formal letter from the institution’s chief executive (or governing board chair) requesting authorization to operate, identifying the degrees and programs proposed, and the intended start date of operations.
  
  
• State Application Form – The completed WVHEPC initial authorization application form (if provided by the Commission, fill in all fields and attach any requested supplements).
  
  
• Articles of Incorporation & Bylaws – Documentation of the legal establishment of the institution (filed with the Secretary of State or similar), including the nonprofit or for-profit status, and governance bylaws outlining the structure of the board and administration.
  
  
• Ownership and Governance Information – A list of owners (for proprietary schools) or trustees (for nonprofit colleges), including names and primary affiliations. Include a brief description of the governing board’s responsibilities and a copy of any board policies related to institutional oversight.
  
  
• Mission Statement and Vision – A clear statement of the institution’s mission and scope of educational offerings.
  
  
• Educational Programs Outline – For each degree program you seek to offer: the program name, level (e.g., Bachelor of Arts in Psychology), length (credit hours), detailed curriculum outline (course sequence with descriptions), and expected learning outcomes. If any program requires specialized accreditation (e.g., nursing), note plans for that as well.
  
  
• Admissions Policies – Criteria for student admission into the institution and specific programs (e.g., required high school diploma or equivalent, any prerequisites or minimum GPAs/test scores for certain programs).
  
  
• Academic Policies – Draft policies on grading, satisfactory academic progress, credit transfer (both accepting transfer credits and how your credits transfer out, if known), academic integrity, etc.
  
  
• Student Services Plan – Description of services like academic advising, tutoring, career placement assistance, library access (physical or online), counseling, disability services – how will these be provided to students?
  
  
• Faculty and Staff Roster – A list of initial faculty members and key administrators. For each, provide:
  
  • Name and title/position.
  • Degrees held (discipline, institution, year).
  • Professional experience or qualifications, especially as relevant to their teaching or administrative role.
  • Indication of full-time or part-time status.
  • For new institutions still hiring, provide at least the criteria for faculty qualifications and any committed hires or advisory faculty involved in planning.
    
    
• Financial Plan – This should include:
  
  • A startup budget detailing projected revenues (tuition, fees, any investor contributions) and expenses (salaries, facilities, marketing, etc.) for at least the first two years of operation.
  • If available, audited financial statements of the institution or parent organization. If a new entity with no audits, provide an opening balance sheet and letters of credit or bank statements showing available funds.
  • A tuition and fee schedule for each program.
  • Enrollment projections and break-even analysis (to show the Commission you can sustain even if enrollment is lower than hoped initially).
  • Explanation of how financial aid will be handled (if you plan to participate in Title IV federal aid, note that you will apply for it after receiving state authorization and accreditation candidacy).
    
    
• Facilities and Equipment Documentation – Addresses of the physical location(s). Include photographs or floor plans of the facilities if possible, and square footage of classrooms, labs, offices, etc. For labs or specialized programs, list major equipment that will be available. Also attach copies of any fire marshal or health/safety inspection approvals if those have been done for the site. If construction or renovations are in progress, provide timelines and contingency locations if applicable.
  
  
• Library/Learning Resources – Describe the library resources (physical library, online database subscriptions, partnerships with other libraries) that students and faculty will use. Include any agreements if partnering with local libraries or consortia for library services.
  
  
• Accreditation Correspondence – If you have already contacted an accrediting agency or submitted an application for candidacy, include copies of those communications. If not, state clearly which accreditor you intend to pursue and a timeline of when you will submit your accreditation application (this timeline should match what you state in narrative sections).
  
  
• Surety Bond – The original $100,000 surety bond document (on the form approved by WVHEPC) executed by a licensed surety company, guaranteeing the refund of unearned tuition. Ensure it is signed and that the Commission is listed as the beneficiary to act on behalf of students. (Keep a copy for your records, but the original may need to be filed with the state.)
  
  
• Catalog and Marketing Materials – A draft college catalog or student handbook. This should combine many of the academic and policy items above into one document as it would appear to students. Also, include any brochures or sample advertisements you plan to use, to demonstrate that your marketing will be truthful and in line with what you are authorized to offer.
  
  
• Student Handbooks or Enrollment Agreement (if separate from the catalog) – Especially for proprietary institutions, a sample enrollment agreement/contract that students would sign, and any handbook outlining student rights and responsibilities.
  
  
• Personnel Policies – Briefly, any faculty/staff handbook or policies on faculty hiring, evaluation, and promotion, to show the Commission you have standards for maintaining academic quality through personnel.
  
  
• Contingency Plan – A statement of how the institution would protect students and teach out the programs if faced with closure or loss of accreditation down the line. (While not always explicitly requested, including a teach-out plan shows good faith in consumer protection. Some state rules indirectly require it as part of demonstrating responsibility.)
  
  
• Miscellaneous – Any additional information the Commission’s rules specifically ask for. For example, Series 20 might list “evidence of critical need for the program in West Virginia” – if so, include a section with labor market data or letters of support showing demand for graduates in the field. Always double-check the exact language of WVHEPC Series 20 to ensure every clause that requires documentation is addressed in your submission.

Lastly, organize and label every section of your application clearly. A well-organized application not only helps the reviewers but also reflects positively on the institution’s attention to detail and preparedness to operate.

Fees & Timelines
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Vocational and Career Schools

Process

Private vocational, trade, and career schools in West Virginia – those offering postsecondary certificates or diplomas below the associate degree level (and including proprietary schools offering associate degrees) – must obtain a permit to operate from the West Virginia Council for Community and Technical College Education. The permitting process ensures these non-degree institutions meet basic educational and consumer protection standards. The step-by-step process is as follows:

• Determine Exemption Status – First, assess if the school might be exempt from the permitting requirement. WV law exempts certain training providers (for example, training programs offered by employers exclusively for their employees, purely religious instructional programs, short seminars under a defined length, etc. – see State Exemptions for details). If an exemption applies, the school may not need a permit. However, most for-profit career schools will require a permit. When in doubt, contact the Council to confirm whether you must be licensed.
  
  
• Prepare Application Materials – Compile all information and documents needed for the permit application. This typically includes:
  
  
  
  • Application Form – Complete the Council’s official Proprietary School Permit Application form. (This form can be obtained from the WV CTCS website or by requesting from their office.) Provide general information about the school (name, address, ownership, proposed start date).
    
    
  • Description of Programs – A catalog or brochure listing each course or program you intend to offer. For each program, include the title, objective (what career or skill it prepares for), duration in clock hours (or credit hours if applicable), and the tuition/fees charged. Clearly state if a program awards a certificate, diploma, or other credential.
    
    
  • Curriculum Outlines – A syllabus or outline for each program, showing the subjects taught, hours for each subject, and any practical training included. This helps demonstrate that the program length is sufficient for its goals.
    
    
  • Instructor Qualifications – A list of instructors (or proposed instructors) with their credentials. Include resumes or a summary of each instructor’s education, professional experience, and any teaching certifications. Instructors should be qualified in the field they will teach (e.g., a cosmetology teacher should be a licensed cosmetologist, an HVAC instructor should have HVAC certification and experience, etc.).
    
    
  • School Policies – A copy of the student enrollment agreement or contract, and the school catalog or student handbook. These should contain the school’s policies on admissions requirements, attendance, grading, conduct, graduation requirements, and importantly the refund policy for students who withdraw. West Virginia requires that schools have a fair refund policy (often pro-rata based on the portion of the course completed).
    
    
  • Facility and Equipment Information – The address of the instructional site and a description of the facility. Note the number of classrooms, labs, and the equipment available for training. Attach evidence that the facility either has been inspected or can be inspected for compliance with local fire/safety codes. For example, you might include a fire marshal’s certificate or an occupancy permit if you have one. If such inspections aren’t done until operation, include a statement that you will secure them and that the facility meets all requirements (the Council may later ask for proof or do a site check as noted below).
    
    
  • Financial & Administrative Capacity – Basic information demonstrating the school’s ability to fulfill its commitments. While the Council’s requirements here are not as extensive as for degree institutions, you should be prepared to show that the school has sufficient operating funds. Include any of the following if available: a recent financial statement or bank letter, a business plan or budget, and the identity and experience of the school director/administrator who will run daily operations.
    
    
  • Surety Bond – A penal bond in the amount determined by law (minimum $50,000). The bond form is prescribed by WV CTCS. You must obtain this bond from a surety company authorized to do business in WV. It should be made payable to the State of West Virginia and conditioned on the school faithfully performing its obligations to students (essentially, it’s insurance that can pay refunds if the school closes or cheats students). Include the original bond document with the application. The Council will not issue a permit without an approved bond in place.
    
    
  • Application Fee – Prepare a payment for the initial licensing fee (see Fees section). Currently, it’s $2,000, payable to the WV Council for Community and Technical College Education. This must be sent with the application.
    
    
• Submit Application – Send the completed application form along with all the above materials to the WV CTCS Academic Affairs Division (which handles proprietary school licensing). The Council’s office in Charleston is the processing point. You can mail or hand-deliver the package; as of now, there is no online submission portal for initial proprietary school permits. It’s wise to keep a copy of everything you submit and send it via a trackable method. Once the Council receives your application, they will log the date and begin processing.
  
  Note: At the time of submission, your school should be ready for an inspection – meaning your facility is set up, your staff is in place or hired contingent on approval, and you could start classes as soon as approval is granted. West Virginia regulations require that a new school show “adequate facilities… ready for occupancy and that all instructional equipment, books and supplies and personnel are in place” at the time of application. Essentially, you must be “operation-ready” when you apply (even though you cannot yet operate without the permit).
  
  
• Fees Payment – Include the $2,000 initial permit fee with the application. This fee is non-refundable and is required by law for each new school application. If your school will have multiple campus locations, an application (and fee) is typically required for each campus. The Council will also assess an annual fee after the first year (currently $500 per campus, due upon renewal – not at initial application). If the evaluation of your application incurs additional costs (for example, if specialized expert reviews are needed or extensive travel is required for site visits), the Council has the right to charge an additional evaluation fee to cover those expenses. In practice, most standard applications do not incur extra fees beyond the $2,000. Ensure the fee is paid by check or money order to the exact name specified (usually “WV Council for Community and Technical College Education”). Include the payment in the same package as your application (or follow any invoicing instructions given by the Council). Applications are not considered complete until the fee is received.
  
  
• Review & Evaluation – Once your application is received, the Council staff will evaluate the materials. The process involves:
  
  
  
  • Completeness & Eligibility Check: Staff verifies the application is filled out properly, the fee and bond are attached, and the school indeed falls under their jurisdiction (i.e., it’s a private postsecondary school offering occupational programs). If something is missing or the bond is incorrect, they will reach out to you to fix the issue.
    
    
  • Content Review: The Council’s academic affairs reviewers will read through your program descriptions, policies, and supporting documents. They ensure that the curriculum hours make sense for the fields, that advertising is truthful, and that the refund policy meets state minimums. They will confirm that instructor qualifications appear adequate. The financial info is checked to ascertain that the school is not on shaky ground (for example, if a new school has literally zero funds and no solid backing, that’s a red flag). They may also perform background checks on the school’s owners or check references if something warrants it (to ensure, for instance, that an owner hasn’t operated a school that closed down improperly in another state).
    
    
  • On-Site Visit: Per WV Code §18B-2B-9, an on-site visit is required for all new school applicants that have physical facilities in West Virginia. The Council will assign a representative to visit your school location. This usually happens within the 90-day review window, often after the paperwork review. During the visit, the official will inspect classrooms, labs, equipment, and overall facility condition. They will verify that what you stated in the application is accurate – e.g., the computers or machines listed are present, the space can accommodate the number of students, safety measures are in place. They might also interview the school director or owner during this visit to clarify any operational plans. (If your main facility is out-of-state and you’re just soliciting WV students for an online or distance program, the Council may not physically inspect out-of-state sites, but they could require alternative verification of readiness.)
    
    
  • 90-Day Decision Timeline: By law, the Council aims to make a decision on initial permit applications within 90 days of receiving the complete application and fee. In most cases, you can expect a decision roughly 8–12 weeks after submission. This timeframe can be shorter if everything is in order or longer if delays occur (like needing to fix application errors or schedule a later site visit). It’s a good idea to submit well ahead of when you plan to start classes. While waiting, be responsive to any Council inquiries. If the 90-day period passes without a decision, you might contact them for an update, but usually they strive to meet that deadline.
    
    
• Additional Review – For proprietary schools, no additional state board (such as a higher education commission) is involved; WV CTCS has full authority to license. However, be aware of other layers that might apply:
  
  
  
  • Out-of-State Schools: If you’re an out-of-state entity offering purely online courses to WV residents, you might fall under WV’s “physical presence” definitions. Typically, if you’re just online and have no physical presence (no agents, no offices in WV), you might not need a permit. But having a recruiter targeting WV or any local advertising can count as solicitation requiring a permit. Confirm with the Council if unsure. Out-of-state schools that plan to come physically into WV (like hold classes at a rented venue) definitely need a permit. The Council will treat these applications similarly, but note that the site visit might be waived if there’s no WV site (the Council could rely on documentation or possibly an out-of-state inspection if feasible).
    
    
  • Other Regulatory Bodies: Some vocational programs are governed by specific boards. If your school’s program falls under one, you must comply with those requirements in addition to the Council permit. Examples:
    
    
    
    • Cosmetology or Barbering Schools: These typically require approval from the WV Board of Barbers and Cosmetologists. You will need a license from that Board to operate as a cosmetology school in addition to the Council’s permit (which covers the academic/business side). The Board might have its own site inspections and criteria (like instructor licensing, specific equipment per student, etc.). Coordinate to fulfill both sets of requirements.
      
      
    • Truck Driving Schools: May require inspection of training vehicles and range facilities, possibly involving the DMV or other agencies for the commercial driver’s license (CDL) training standards.
      
      
    • Allied Health (Nursing Assistant, etc.): If offering Certified Nursing Assistant (CNA) programs, the curriculum often must meet Department of Health guidelines and be approved by the nursing aide program authority.
      
      
    • Veterans Approval: If you intend to enroll students on VA education benefits (GI Bill), your school will need a separate approval from the State Approving Agency for Veterans Education (which in WV is often handled via the same Council or a related office). This is after getting the permit.
      
      
• The key point is that the Council’s permit is necessary for legal operation, but not sufficient if your field is additionally regulated. The Council expects you to abide by all other laws – for example, you can’t run a massage therapy program without also getting the Massage Therapy Board’s nod, if required. However, you do not have to get any approval from the Higher Education Policy Commission unless you later decide to award degrees (in which case the process in the first section would apply for adding degree programs).
  
  
• Licensure Decision – After review, the Council will make a decision to either approve (issue a permit) or deny the application:
  
  
  
  • Approval: If approved, you will receive a West Virginia Proprietary School Permit, which is essentially the license. The Council will send an approval letter and the actual permit certificate. The approval letter will reference WV Code §18B-2B-9 and any relevant Council rule (Series 35) and state that your school is authorized to solicit students and operate in WV for a specified period (usually one year initial term). The permit will list the school name and location and may include a permit number. It’s typically valid from the date of issue until a renewal date (often one year later, end of the month of issuance). The letter may also outline any conditions or remarks: for example, “This permit is contingent upon maintaining a $50,000 bond and remains valid as long as annual fees are paid and compliance is maintained.”
    
    You should proudly display the permit at your school where students and inspectors can see it. Also, take note of the permit expiration date so you can renew on time.
    
    
  • Denial: If the Council finds that the school does not meet requirements, they can deny the permit. Common reasons for denial might include: insufficient financial resources, an incomplete application that was never rectified, the owners or operators have a history of fraudulent school operations, the proposed programs are deemed substandard or misleading, or required bond/fee not provided. A denial letter will outline the reasons. The school may have an opportunity to correct issues and reapply, or appeal the decision through an administrative process if it believes the denial was in error. However, do not operate in any capacity if your application is denied; you would need to fix the problems and obtain an approved permit first.
    
    
  • Decision Timeline: As mentioned, expect the decision within ~90 days. If approved, you get the permit immediately. If denied, cease any planned student recruitment and go back to the drawing board to address issues.

Once you have the permit, you are legally clear to operate and advertise in West Virginia under the scope of the programs you proposed. The permit does not have an exhaustive list of programs on its face, but since you submitted the list of programs in your application, you are effectively limited to those. If later you want to add a new program, you should inform the Council (they may require an updated application or at least an amendment to your permit).

Congratulations – obtaining the initial permit is a big step. Now your focus shifts to maintaining compliance and building a good track record.

Continuous Compliance — Key Duties in Brief

• Keep the bond active: Maintain the $50 000+ surety bond at all times; replace or increase it immediately if the Council orders (up to $100 000 for new schools, $150 000 after loss of Title IV/accreditation, $400 000 if audits flag insolvency)
• Stay within scope: Offer only programs the Council has approved; file a request before adding or moving programs, campuses, or equipment-heavy labs.
• Truthful marketing: Use the licensed school name and accurate claims—no job guarantees or misleading transfer-credit promises; add “Licensed by WV CTCS” where practical.
• Fair contracts & refunds: Execute written enrollment agreements, follow the published refund schedule, and document all payments and reimbursements.
• Secure records: Keep organized academic and financial records; be ready to supply transcripts or ledgers to students or regulators and, if the school closes, transfer them to the Council.
• Qualified people & safe facilities: Hire instructors who meet minimum credentials, retain résumés/licences on file, and notify the Council before relocating or expanding; expect unannounced inspections.
• Timely reports & fees: File the annual report/renewal, pay the $500 campus fee, and report major changes (ownership, name, leadership) as they occur.
• Resolve complaints: Address student complaints promptly; multiple substantiated issues can lead to probation or permit revocation.
• Display authorization: Post the current permit and bond certificate where students can see them.
• Avoid “good-cause” infractions: Fraud, unpaid refunds, financial collapse, or lost accreditation can trigger immediate Council action.

Renewal Snapshot (Annual)

• When: One year from the permit’s issue date; Council sends a reminder but the school is responsible for meeting the deadline.
  
  
• What to submit: Renewal form/annual report with updated enrollment, completions, staffing, catalog, financial status, marketing samples, complaints, and accreditation changes.
  
  
• Fee: $500 per campus, paid with the submission.
  
  
• Review time: Usually a couple of weeks; routine renewals are administrative.
  
  
• Outcome: New certificate or letter extending the permit for another year. Late filings incur a $300 penalty and risk lapse; chronic non-filing can force a fresh initial application.

Permit Application Checklist

• Official Application Form
– Fully completed, signed, and dated by the school’s chief administrator.
– All ownership and contact fields filled; no blank questions.

• Non-Refundable Fee & Surety Bond
– Check or money order for $2 000 (per campus).
– Original $50 000+ penal bond naming the WV Council as obligee, sealed by a licensed surety; include power-of-attorney page.

• Ownership & Governance Documents
– Articles of organization / certificate of incorporation and current business registration with WV Secretary of State.
– List of owners, partners, or corporate officers with addresses and % ownership.
– Résumé of the appointed school director or campus president, showing managerial and educational experience.

• School Catalog / Student Handbook (single PDF or printed booklet)
– Mission statement and statement of legal authority to operate.
– Each program’s objective, length, clock or credit hours, and credential awarded.
– Calendar of start dates, holidays, and graduation dates.
– Admissions criteria, transfer-credit rules, attendance and conduct codes.
– Grading scale, SAP (satisfactory academic progress) policy, probation / dismissal terms.
– Detailed tuition & fee schedule; estimated cost of books, supplies, testing, uniforms.
– Pro-rata refund table that meets WV minimums; method and timeframe for issuing refunds.
– Internal grievance procedure and Council contact for unresolved complaints.
– Statement of placement-assistance services and any published placement rates.

• Program Curriculum Packets (one per program)
– Course list with clock/credit hours per course or module.
– Sequence chart showing weeks/terms.
– List of textbooks, equipment, or clinical/externship arrangements.
– Identification of any industry certification exams the program prepares students to take.

• Faculty & Staff Credentials
– Résumé for each instructor: education, licences, professional experience, teaching assignment.
– Current WV occupational licences where required (e.g., cosmetology instructor licence).
– Organizational chart showing administrative staff and reporting lines.

• Facility & Equipment Evidence
– Street address and photograph of exterior signage.
– Floor plan or room schedule (square footage, capacity per classroom/lab).
– Inventory of major training equipment and computers.
– Copy of the most recent fire-marshal or safety inspection OR signed statement of compliance pending final inspection.
– Lease, deed, or occupancy permit confirming legal right to use the space for instruction.

• Financial Capacity
– Start-up budget covering first 12–24 months (revenues, expenses, cash reserves).
– Bank letter or proof of funding/credit line sufficient to meet projected costs.
– If the school has operated elsewhere, last audited or reviewed financial statement.

• Student-Facing Agreements & Disclosures
– Blank enrollment agreement/contract with itemized charges, cancellation clause, signature lines.
– Sample completion certificate or diploma template.
– Copy of FERPA or data-privacy notice, if separately issued.

• Marketing & Website Samples
– Printed screenshots or PDFs of web pages, brochures, flyers, social-media ads.
– Ensure all claims about outcomes, accreditation, or transferability are accurate and consistent with catalog.

• Background & Compliance Statements
– Signed affidavits answering litigation, bankruptcy, or criminal-history questions for each owner or director.
– Disclosure of any prior school closures or licence revocations involving the owners.

• Optional Supporting Items (strengthens application)
– Letters of local employer support demonstrating workforce demand.
– Draft emergency-closure / teach-out plan identifying partner schools.
– Proof of liability insurance coverage for premises and instructional activities.

Organize the submission with a table of contents and tabbed sections (or bookmarked PDF) so Council reviewers can quickly verify every element. A complete, clearly labeled package speeds the 90-day review and reduces follow-up requests.

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Submit a complete, organized packet to WV CTCS; missing items delay the 90-day decision window.

Fees & Timelines
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State Exemptions

West Virginia law and regulations provide specific exemptions under which certain institutions or educational programs do not need to obtain state authorization from either WVHEPC or WVCTCS. The following are conditions that qualify for exemption (meaning the normal licensing requirements described above would not apply):

1. Purely Religious Institutions – An institution offering instruction solely in the fields of religion or theology for the purpose of preparing students for a religious vocation is exempt from WVHEPC/WVCTCS oversight. (Example: A Bible college that grants only religious degrees, such as a Bachelor of Divinity, and does not offer secular programs.) Important: If a religious-affiliated school offers general secular degrees (e.g., a liberal arts degree), it cannot claim this exemption and must seek authorization.
   
   
2. Programs Sponsored by Employers for Employees – Educational or training programs conducted by companies exclusively for their own employees are exempt. For instance, a corporation providing an internal professional development course, or a union apprenticeship program restricted to union members, does not require state higher education licensing (since it’s not open to the general public).
   
   
3. Short Seminars and Workshops – Schools or organizations that offer short courses or seminars (20 clock hours or less in duration) and do not grant any degree or formal academic credential are exempt. These are typically one-off professional seminars, continuing education workshops, or personal enrichment classes. They must be truly short-term; anything longer (or leading to a certificate of completion that is more than a simple attendance certificate) likely falls outside this exemption.
   
   
4. Out-of-State Institution Partnerships – An out-of-state college that partners with a West Virginia public institution to offer courses is exempt from separate authorization. For example, if an out-of-state university offers a course on a WV public college campus through a contract, and the WV public institution is the one granting credit or hosting it as part of its programs, the out-of-state entity isn’t independently licensed. (The WV public institution’s involvement covers the oversight under its accreditation and authority.)
   
   
5. Military Base Programs – Institutions that offer courses or programs exclusively on a U.S. military installation in West Virginia, solely for military personnel or civilian employees on that base, are exempt. For instance, a training program offered on an army base just for soldiers would not need a WV permit (the rationale is that these are self-contained and under federal jurisdiction in part).
   
   
6. Non-College-Rewarding Tutoring/Test Prep – Private tutoring services, test preparation courses (like SAT/ACT prep or professional exam prep), and similar educational services that do not lead to a postsecondary certificate or credential are generally exempt. They are not considered postsecondary institutions in the eyes of the law.
   
   
7. Schools Already Regulated by Other Statutes – If a school or training program is licensed or approved by another West Virginia state agency under a different statute, it may be exempt from the HEPC/CTCS authorization. Common examples:
   
   
   
   • Beauty and Cosmetology Schools – Regulated by the WV Board of Barbers and Cosmetologists (under Chapter 30 of WV Code) and therefore not licensed through WVCTCS.
     
     
   • Truck Driving Schools – Often have oversight by the DMV or Department of Transportation regulations.
     
     
   • Real Estate Schools – Real estate pre-licensing courses might be approved by the WV Real Estate Commission.
     
     
   • Nursing Assistant Programs – Approved by the WV Department of Health and Human Resources.
     
     
8. If a program falls entirely under another agency’s purview and that agency’s approval process, the HEPC/Council license can be deemed not required. (It’s always good to verify with WVCTCS if your school claims this exemption to ensure there’s no dual oversight needed.)
   
   
9. Tax-Preparation Instruction – West Virginia law specifically notes that private organizations offering only tax-return preparation courses are exempt from needing a permit. (This was an example explicitly given in code to exclude short-term tax prep classes, like those seasonal courses for tax preparers, from proprietary school licensing.)
   
   
10. Degree-Granting Federal Institutions – Any institutions operated by the federal government (such as military academies or federal training centers) or tribal colleges (if any within WV) are generally outside the scope of state authorization. Similarly, public universities in WV (which are created by state law) do not require this authorization – they are exempt by virtue of their status, though they are overseen through other means.
    
    
11. Secondary School Programs and Hobby Schools – Programs that are purely avocational (hobby or recreational) or operating at a K-12 level (high school equivalency programs, etc.) are exempt. For example, a dance studio or a martial arts school, even though it’s a private business teaching skills, is not a “postsecondary institution” requiring HEPC or CTCS authorization. Likewise, a high school offering evening adult education that doesn’t confer college credit would not need this authorization.
    
    

Important: Schools believing they are exempt should often notify or confirm with the appropriate agency. For example, if claiming a religious exemption, it’s wise to inform WVHEPC of your intent and basis for exemption (some states even require religious schools to file a one-time registration or an application for acknowledgement of exemption). The HEPC Series 20 and CTCS Series 20 rules indicate that an institution claiming exemption may need to provide information to prove it meets the criteria. Always consult the exact wording of W. Va. Code §18B-4-7, §18B-2B-9, and the rules 133-20 (HEPC) and 135-20/35 (CTCS) for the precise definitions of exemptions.

Lastly, being exempt from authorization does not exempt a school from truth-in-advertising or other consumer protection laws. Exempt schools should still operate honestly and, if offering education credentials (like a religious degree), avoid misrepresenting their status (for instance, they should not claim to be “accredited” or state-approved if they opted out via exemption).

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