Transcript Changes and Challenges: Distance Education and Regulatory

Today’s Speakers
The State of
State Authorization:
Regulations and Reciprocity
Council of College and
Military Educators
January 29, 2015
WCET
WICHE Cooperative for
Educational Technologies
accelerates the adoption of effective
practices and policies, advancing
excellence in technology-enhanced
teaching and learning in higher education.
wcet.wiche.edu
Agenda
3
Basic Principles
 State Regulations
 Federal Regulations
 Reciprocity and SARA
 An Example: Embry-Riddle U.

State Authorization – Basic Principles
4
Basic Principle 1:
If you are crossing a state line to
serve a student, check if you need to
seek authorization.
State Authorization – Basic Principles
5
Basic Principle 2:
Two types of authorization
in each state:
1) Institutional – all
activities you do in a state.
2) Licensure – professional
programs.
State Authorization – Basic Principles
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Basic Principle 3:
The states view this as
Consumer
Protection.
State Authorization – Basic Principles
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Basic Principle 4:
The answer to nearly
every question is:
IT DEPENDS!!!!!
State Regulations
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States expect institutions to follow their laws and
regulations.


Use SHEEO Web Surveys: http://sheeo.org/sheeo_surveys/
There is no list of “easy” or “hard” states in terms of state
authorization:



For profit / not-for profit / public / private
Offering distance education vs. clinicals/internships vs. on the ground
facilities
Number of students (Maryland Example)
The answer to almost all state authorization questions?
It depends!
State Regulations
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A public institution offering only
distance education in another state:

9 states require approval of public degreegranting institutions (100% online programs):
Alabama, Arkansas, Indiana, Maryland,
Minnesota, Missouri, Montana, Utah, and Wyoming

A few others require you to register or apply for
an exemption.
State Regulations
10
Triggers of physical presence:
Physical Location
Administrative Office
Direct Marketing
Localized Advertising
Required Proctoring
Contracted Services
Practical Experiences (clinical, student teaching)
Having an Employee in a State
http://www.sheeo.org
State Regulations
11
Licensure programs
Psychology
State Regulations – Military Students
12

Most states do not distinguish between enrolling
or recruiting students on military bases versus
enrolling or recruiting others residing in a state.

What about State of Residence?
Federal Regulation –
Chapter 34, §600.9(c)
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“If an institution is offering
postsecondary education through
distance or correspondence
education to students in a State in
which it is not physically located or in
which it is otherwise subject to State
jurisdiction as determined by the
State…”
http://www.tinyurl.com/mazquyl
Federal Regulation –
Chapter 34, §600.9(c)
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“…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 to the
Secretary the State’s approval upon
request.”
http://www.tinyurl.com/mazquyl
Federal Regulation –
Chapter 34, §600.9(c)
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“…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 to the
Secretary the State’s approval upon
request.”
http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/
http://wcetblog.wordpress.com/2013/11/22/federal-state-authorization-regulation-its-baaaack-almost/
Federal Regulation
Negotiated Rulemaking
16

The Bottom Line
Department “pauses” on state authorization.
(http://wcetblog.wordpress.com/2014/06/26/pause-on-state-auth/)



NO federal regulation.
NO federal deadline.
States STILL EXPECT YOU TO COMPLY and
their deadline is NOW.
For more information:
http://wcet.wiche.edu/learn/issues/state-authorization
http://wcetblog.wordpress.com/
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There has to be a better way!
Reciprocity
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State Authorization Reciprocity Agreement
(SARA)

State-to-state agreement

Voluntary

States may join (voluntary).



A state applies through its regional compact.
If state does not join, its institutions are ineligible.
Institutions may join (voluntary).



States review and approve institutions within their own state.
Institutions must be accredited and degree-granting.
Open to all sectors: public institutions, independent institutions,
non-profit and for-profit.
Regional Compacts
Reciprocity Agreement (SARA)
MHEC
WICHE
SREB
NEBHE
Reciprocity
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State Authorization Reciprocity Agreement
(SARA)

Sets a uniform set of “triggers” for physical presence.

Preserves state oversight of on-the-ground activities.

SARA states agree to impose no additional fees or
requirements on institutions from other SARA states.

Shifts principal oversight responsibility to the “home
state.”
Reciprocity
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SARA Progress
Legislation Passed or Not Needed
Approved as a SARA State
Reciprocity
22
Institutional Costs
 Cost to get approved by the state, if any.

Yearly fees to SARA:
 $2,000 – FTE LT 2,500.
 $4,000 – FTE of 2,501 to 9,999.
 $6,000 – FTE 10,000 or greater.
Reciprocity
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SARA Important Points:



SARA has no effect on state professional
licensing requirements.
SARA has no effect on a state’s requirement
for out-of-state colleges to register with the
secretary of state or other state registry.
SARA allows for non-credit activities.
State Authorizations:
A University’s Perspective
Presenter: Angela C. Albritton
Director, Military and Government Relations
Presentation Objectives
25
1.
2.
3.
Provide Institutional Background
Information
Discuss Institutional Challenges
Share Recommended Practices
Institutional Background
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
Embry-Riddle Aeronautical University (ERAU) was
established in 1926, and is a private, non-profit university
specializing in aviation and aerospace. The main residential
campus is located in Daytona Beach, Florida.

The university currently:

Operates more than 150 on-ground campuses in 35 states (90+
campuses are located on military installations)

Serves a large military and veteran student population from all branches
of the military

Serves online students in all states and territories

Offers degree programs in any combination of modalities
Institutional Challenges
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




Recent loss of exemption in a number of states, even if
educational activities are solely on the military installations,
has further increased cost and workload.
Exempt in a few states if all educational activities including
target marketing are conducted only on the military
installation.
Authorization required in some states if non-DoD affiliated
civilians are also permitted on the installation to take courses.
This is determined by the installation MoU requirements.
Limited guidance from some states on requirements
pertaining to active-duty military students stationed in their
state who are taking only online courses.
Additional state-specific requirements for National Guard and
Reservists (to include their dependents) activated for state
duty.
Institutional Background
28

Black dots = ERAU civilian campuses Gray dots = ERAU military
campuses
o
green – exempt or authorization not required
o
yellow – authorization required for distance learning
o
red – authorization required
Recommended Practices for
Institutions
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Track military-affiliated students and create a Centralized
State Authorization Management System






Receive support from university leadership
Hire a designated individual to manage the process
Collaborate with various departments within the university to
create and maintain a centralized state authorization resource
database
Develop a state authorization calendar, internal work flow
processes and a budget management system to assist in
overseeing compliance with individual state requirements,
timelines and costs
Establish good working relationships with state agencies
Support the SARA initiative
What Should Your Institution Be Doing?
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
Proceed – don’t wait!

Make strategic decisions.
 Prioritize
which states to seek authorization in.
 Assess your adversity to risk.
 Include key personnel (president, provost,
counsel, department heads) in key decisions.

Stay up to date on SARA.
 Will
your state join?
 Will other states where you have students join?
 Will your institution join?
Today’s Speakers
Marianne Boeke
Senior Research Associate
National Center for Higher Education
Management Systems
[email protected]
Russ Poulin
Deputy Director, Research & Analysis
WCET - WICHE Cooperative for
Educational Technologies
[email protected]
Questions???
Angela Albritton
Director, Military and Government Relations
Embry-Riddle Aeronautical University
[email protected]
WCET State Authorization Network
Expecting each institution to navigate
authorization regulations in every state is highly
inefficient. Working cooperatively, institutions
can share the burden.
http://wcet.wiche.edu/advance/state-authorization-network
Resources
33

WCET state authorization website
http://wcet.wiche.edu/learn/issues/state-authorization

WCET State Authorization Network
http://wcet.wiche.edu/advance/state-authorization-network

WCET Frontiers Blog:
http://wcetblog.wordpress.com

SHEEO (list of state regulations)
http://www.sheeo.org/node/434
Resources
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
10 Steps You Can Take to Begin the State
Authorization Process
http://wcetblog.wordpress.com/2012/05/17/10-steps-to-begin-authorization/

Federal Regulation 600.9(c)
http://www.tinyurl.com/lgzdvel

Military Students and State Authorization
http://wcet.wiche.edu/wcet/docs/talking-points/
WCETTalkingPoints-State-Auth-Military-Nov2013.pdf

National Council of State Boards of Nursing
https://www.ncsbn.org/6662.htm
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