New Federal Regulations on State Authorization of Distance Education

Distance Education Advisory Committee of the Texas Higher Education Coordinating Board February 28, 2011 Russ Poulin Deputy Director, Research & Analysis [email protected]

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Today’s Agenda

 What is WCET?

 Regulatory Language  Program Integrity  State Authorization  Distance Education  Complaints  Frequently Asked Questions  Questions from You

WCET – WICHE Cooperative for Educational Technologies  WCET accelerates the adoption of effective practices and policies, advancing excellence in technology-enhanced teaching and learning in higher education.

 While part of WICHE, majority of members outside the West in 46 states, Canada, and six other countries.

 El Paso Community College  LeCroy Center-Dallas County Comm. College  Texas A&M University  Texas Christian University  Texas Tech University  Texas Woman’s University  University of Houston – Downtown  University of Texas at San Antonio

“Program integrity” regulations

 Higher Education Opportunities Act of 2008  Notice of proposed rulemaking: June 18, 2010  http://edocket.access.gpo.gov/2010/pdf/2010-14107.pdf

 Comment period through: August 2, 2010  Nearly 1,200 comments  Final regulations: October 29, 2010  http://edocket.access.gpo.gov/2010/pdf/2010-26531.pdf

 Effective date: July 1, 2011

State authorization

“Under the Higher Education Act, for an institution in any State to be eligible to participate in Federal programs, it must be legally authorized by the State to provide postsecondary education .” Fred Sellers, U.S. Department of Education, Dec. 7, 2010, WCET Webcast

Distance education

“If an institution is offering postsecondary education through distance or correspondence education in a State in which it is not physically located, the institution must meet any State requirements for it to be legally offering distance or correspondence education in that State. An institution must be able to document upon request from the Department that it has such State approval.” http://edocket.access.gpo.gov/2010/pdf/2010-26531.pdf, p. 66867

Distance education

“A public institution is considered to comply with § 600.9 to the extent it is operating in its home State. If it is operating in another State, we would expect it to comply with the requirements, if any, the other State considers applicable or with any reciprocal agreement between the States that may be applicable.” http://edocket.access.gpo.gov/2010/pdf/2010-26531.pdf, p. 66867

Students filing complaints

 An institution must provide its students or prospective students with contact information for filing complaints with —  Its accreditor; and  Its State approval or licensing entity and any other relevant State official or agency that would appropriately handle a student’s complaint.

Frequently Asked Questions

Picture Credit: Some rights reserved by Squirmelia http://www.flickr.com/photos/squirmelia/2451382877/

Why?

The “Triad”

US Dept of Ed (financial aid) State Approval (consumer protection) Accreditation (quality)

What does “operating” mean?

 The definition is left to each state’s laws and regulations.

 “Physical presence” is often used, but may include “triggers,” such as:  Advertising in local media.

 Direct advertising to students.

 Requiring a student to take a proctored test in the state.

 Hiring an adjunct faculty person (or any employee) in the state.

Is there a state-by-state list?

“State Approval Regulations for Distance Education: A Starter’s List” DRAFT Released Jan. 26, 2011 / FINAL out next week  WCET  Southern Regional Education Board  American Distance Education Consortium  University of Wyoming http://wcet.wiche.edu/advance/state-approval Eduventures released state-by-state information in their presentation: “Online Learning Across State Boundaries: Assessing State Regulation of Out-of State Schools.” To r equest a copy: [email protected]

What does “operating” mean?

 Red – Nearly every institution will need to apply (MA, MN, PA, RI)  Green – Few institutions will need to apply (AK, CO, HI, ID, IN, LA, NH, SD)  Orange – It depends (38 states + DC)

What is the deadline?

July 1, 2011  For in-state approval:  Provide for extensions if an institution's State cannot provide the necessary authorization by July 1, 2011  For distance education:  No extensions.

 If institution applies by July 1, USDOE will take as ‘good faith.’

What about reciprocity?

 Excelsior College received a Lumina Foundation for Education grant to create a model state compact for regulating distance education:  Review standard information collected.

 Defining responsibilities.

 Financial models for regulators.

 Two-year project.

 Southern Regional Education Board’s Electronic Campus “might” work.

Press release: http://www.excelsior.edu/905

How will compliance be handled?

 States are expected to approve institutions by name.

 UNLESS the state has no regulations.

 Institutions are expected to provide proof of compliance upon request.

 Federal funds, especially financial aid funds, are at risk.

Where can I find more information?

WCET has been following this issue closely State Approval page: http://wcet.wiche.edu/advance/state-approval WCET blog: http://wcetblog.wordpress.com

“State Approval Regulations for Distance Education: A Starter’s List” – DRAFT Released Jan. 26, 2011

New Federal Regulations on State Authorization of Distance Education

Russ Poulin [email protected]

http://wcet.wiche.edu/advance/state-approval http://wcetblog.wordpress.com

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