Postsecondary State Authorization
The Utah legislature passed HB 405 in response to 34 CFR 600.9. The law became effective on May 13, 2014. Determining how to register in Utah depends on the school's desire to obtain state authorization under 34 C.F.R. 600.9. If receiving state authorization is the school’s objective, the school can apply under 13-34a. If state authorization is not the school’s objective, the school may register or file an exemption under 13-34.
Please review sections 13-34a-203 and 13-34a-204, to determine its applicability to your school.
Frequently Asked Questions
Section 13-34a-203 applies to nonprofit postsecondary institutions whether they are private or public. The postsecondary school must provide documentation that it is nonprofit and has been in continuous operation as a nonprofit for at least 20 years. This section applies to in state and out of state nonprofit private postsecondary schools, and out of state nonprofit public postsecondary schools that desire to obtain State Authorization from the State of Utah.
Section 13-34a-204 applies to any other postsecondary school operating in Utah either in state or out of state.
The postsecondary school shall provide each student or prospective student written information regarding how to file a complaint against the postsecondary school with the Division, its accrediting body and its approval or licensing entity.
To satisfy the requirements, a postsecondary school may place a conspicuous link on the postsecondary school’s website that links to the contact information of each entity or a third party’s website that states the contact information for each entity.
- the date on which the postsecondary school will cease to operate,
- a written certification signed by the postsecondary school's owners or officer, that the postsecondary school is compliant and will continue to be compliant with the postsecondary school's accrediting agency's closure requirements;
- a copy of any teach-out plan as defined under 34 C.F.R. Sec. 602.3, approved by the postsecondary school's accrediting agency; and
- to the extent permitted by law: a current list of students residing in the state who are enrolled in the postsecondary school; and
- a list of the one or more programs in which the student is enrolled and the student's anticipated graduation date.
Laws and Rules
- Database of Accredited Postsecondary Institutions and Programs
- US Department of Education Postsecondary School Accreditation Information
- US Department of Education Information on Federal Student Loans
- SARA Complaints - Utah System of Higher Education
- NC-SARA: National Council for State Authorization Reciprocity Agreements