South Carolina Code of Regulations Chapter 62 - STATE COMMISSION ON HIGHER EDUCATION
South Carolina Code of Regulations Chapter 62 pertains to the South Carolina Commission on Higher Education (CHE). This chapter lays out the detailed rules and regulations through which the CHE exercises its statutory authority to coordinate, regulate, advocate for, and provide oversight of the state's higher education system. The CHE's mission is to promote access, affordability, and quality in South Carolina's public and, in some cases, non-public postsecondary institutions.
Here's a breakdown of the key articles and topics you'll find in Chapter 62:
I. Licensing Nonpublic Postsecondary Educational Institutions (Article I - §§ 62-1 to 62-100): This is a very significant portion of Chapter 62. The CHE is the primary authority for licensing nonpublic (private, proprietary, out-of-state) educational institutions operating or soliciting within South Carolina. This article details:
Authority and Definitions: Establishes the CHE's power to license and defines relevant terms.
Licensing Criteria: Comprehensive requirements an institution must meet to obtain and maintain a license, including:
Quality, content, and length of courses, programs, and curriculum.
Adequate space, equipment, and instructional materials.
Appropriately qualified instructional personnel (faculty credentials, student-teacher ratios).
Sufficient learning resources (library, etc.).
Accreditation requirements (e.g., from US Department of Education or CHE-approved accrediting bodies).
Financial resources and stability (including bond requirements).
Specific program requirements for certificate, diploma, associate, baccalaureate, and graduate degrees.
Distance education regulations (§ 62-6.1).
Student Protections:
Catalog/bulletin requirements.
Tuition policies, cancellation, and refund policies.
Student contract/enrollment agreement requirements.
Student records maintenance.
Procedures for handling consumer complaints.
Provisions related to deceptive trade or sales practices and advertising guidelines.
Agent Permits: Regulations for individuals who act as agents to solicit students for these institutions.
Fees: Various licensing and permit fees.
Disciplinary Actions: Procedures for revoking, suspending, or refusing to issue or renew licenses or permits.
II. Student Financial Aid Programs (Various Articles): The CHE plays a central role in administering state-funded student financial aid programs.
Student Loan Corporation (Article II): General regulations related to student loan programs, borrowers, loan maximums, administration, and repayment.
South Carolina National Guard Student Loan Repayment Program (Article IIA - §§ 62-200 to 62-240): Specific rules for this program.
South Carolina National Guard College Assistance Program (Article IIB - §§ 62-250 to 62-263): Specific rules for this program.
Student and Institution Assistance (Article III): Covers various other programs designed to assist students and institutions. This often includes regulations for merit-based scholarships (like the LIFE Scholarship Program and LIFE Scholarship Enhancement - §§ 62-1200.1 to 62-1200.75), need-based grants, and other state-funded aid. Recent amendments (e.g., May 2025) have updated eligibility for programs like the LIFE Scholarship, including specific allowances for education and accounting majors to receive enhancement stipends.
South Carolina Academic Endowment Incentive Act of 1997/South Carolina Higher Education Matching Gift Fund (Article VII - §§ 62-820 to 62-900): Regulations for programs designed to incentivize private donations to higher education institutions by offering matching state funds or tax incentives.
III. Institutional Operations and Oversight:
Determination of Rates of Tuition and Fees (Article V - §§ 62-600 to 62-612): This crucial section outlines the rules for determining in-state and out-of-state residency for tuition purposes, including definitions of domicile, dependent/independent status, and procedures for applying for changes in resident status.
Performance Standards and Funding and the Reduction, Expansion, Consolidation or Closure of an Institution (Article VI - §§ 62-700 to 62-750): Addresses:
Authority and definitions for performance-based funding.
Measures and standards for evaluating institutional performance.
Processes for review and recommendations regarding the reduction, expansion, consolidation, or closure of institutions, ensuring orderly transitions and student protection.
Higher Education Excellence Enhancement Program (Article VIII - §§ 62-901 et seq.): Focuses on programs designed to enhance educational opportunities, particularly for low-income and educationally disadvantaged students.
Overall Scope and Importance: Chapter 62 reflects the CHE's broad responsibilities in:
Quality Assurance: Ensuring that institutions operating in South Carolina meet minimum standards of quality.
Accountability: Establishing metrics and processes for evaluating the performance and efficiency of higher education institutions.
Access and Affordability: Administering financial aid programs and setting residency rules to promote access to higher education for South Carolina residents.
System Coordination: Working with public institutions to approve academic programs, review missions, and plan for the state's higher education needs.
Consumer Protection: Protecting students from fraudulent or substandard educational practices.
Where to Find the Official South Carolina Code of Regulations Chapter 62:
South Carolina Legislature Online: This is the most definitive and up-to-date source for all South Carolina Code of Regulations. You can navigate directly to Chapter 62.
South Carolina Commission on Higher Education (CHE) Website: The CHE's official website (che.sc.gov) is an excellent resource. They typically provide direct links to the relevant regulations, policies, and information about the programs they administer (like scholarships and licensing).
Legal Information Institutes (e.g., Justia, Cornell Law School LII): These sites often host state regulations and can be useful for searching, but always verify the currency of the information against the official state sources, especially given the dynamic nature of regulations and frequent updates to financial aid programs.
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