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State Authorization

Leg one. A state grants the legal authority to operate, to confer degrees, and even to use the words college and university. Rules vary enormously by state, so this is where you start.

Leg
1 of 3
Grants
Right to confer degrees
Agency
State higher-ed board
Online
SARA (after accreditation)
Varies by
State — heavily
Must come
Before accreditation
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The idea

Who lets you operate

Federal law requires that a college be legally authorized by the state where it is located. States decide who may operate, who may confer degrees, and in many cases who may even call themselves a “college” or “university”. Each state names its own agency, a higher-education board, a coordinating board, a Board of Regents, or a private-postsecondary bureau, and this authorization must be in hand before an accreditor will accept an application. Because the rules are so state-specific, the right move is to go straight to your state's agency; the examples below show the range.

Four states

How the range looks

StateAgencyHow it works
CaliforniaBPPEAn unaccredited degree-granting school needs a BPPE-approved accreditation plan; provisional approval requires candidacy within 2 years and full accreditation within 5. Application fee $5,000 (Cal. Education Code §94930.5).
TexasTHECBCertificate of Authority (unaccredited) or Authorization (accredited); both require a surety instrument; fees include $250 per new degree or credential level.
New YorkBoard of Regents / NYSEDEducation Law §224 bars conferring degrees or using ‘college’/‘university’ without a charter; new institutions need a Regents-approved master plan; programs must be registered before enrolling.
FloridaCommission for Independent EducationNew institutions start with a Provisional License and may not award the new degree during provisional licensure; an Annual License follows a satisfactory on-site visit.
Heavy vs. light

Where states differ

New York is the heaviest model, a charter from the Regents with master planning and program registration. California is heavy on consumer protection with a hard accreditation clock. Texas and Florida are license-based but still review finances, faculty and programs, and Texas requires a surety bond. Some states are lighter or offer exemptions, often for religious institutions, and these change frequently. Use the NC-SARA state-authorization resources and your own state agency rather than assuming.

The catch

Authorization and accreditation feed each other

The two legs are intertwined. Accreditors require state authorization before they will engage, DEAC, for example, requires that an institution be “properly licensed, authorized, exempted or approved by the applicable state educational institutional authority”. At the same time, some states (California) require accreditation progress as a condition of staying authorized. Plan them together, not in isolation.

Online students

SARA and distance education

The State Authorization Reciprocity Agreement (SARA) lets a college serve distance-education students across member states under one approval, but only if it is already institutionally accredited by a federally recognized accreditor whose scope includes distance education. So SARA does not help a brand-new, unaccredited institution, which must seek state-by-state approval for online students. NC-SARA annual fees run $2,200 to $8,800 by institution size, and many states add a fee. Professional-licensure programs (nursing, teaching) still need separate board approvals.

Keep going

Related resources

Next leg: Accreditation from scratch. See also the founding overview and Costs & timelines.

Questions

Frequently asked questions