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Today’s Speakers
The State of
State Authorization: Regulations and Reciprocity
Ohio University February 24, 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
Basic Principles State Regulations Federal Regulations Reciprocity and SARA What are Institutions Doing? Questions and Answers
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State Authorization – Basic Principles
Basic Principle 1: If you are crossing a state line to serve a student, check if you need to seek authorization.
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State Authorization – Basic Principles
Basic Principle 2: Two types of authorization
in each state: 1) Institutional – all
activities you do in a state. 2) Licensure – professional
programs.
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State Authorization – Basic Principles
Basic Principle 3: The states view this as
Consumer Protection.
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State Authorization – Basic Principles
Basic Principle 4: The answer to nearly every question is: IT DEPENDS!!!!!
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State Regulations
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)
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State Regulations
A public institution offering only distance education in another state:
9 states require approval of public degree-granting 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.
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State Regulations
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
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http://www.sheeo.org
State Regulations
Licensure programs
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Psychology
State Regulations – Military Students
Most states do not distinguish between enrolling or recruiting students on military bases versus enrolling or recruiting others residing in a state.
Currently only a handful of states expressly exempt institutions operating on military bases (Arkansas, Georgia, New Hampshire, South Carolina, and West Virginia).
What about State of Residence?
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State Regulations – Military Students
What can happen to an institution that does not comply with state laws? Cease and desist orders.
Possible fines and institutional sanctions, etc.
Lawsuits.
Domino effect with accreditors and US ED.
Damaged reputation!
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Federal Regulation – Chapter 34, §600.9(c)
“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…”
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http://www.tinyurl.com/mazquyl
Federal Regulation – Chapter 34, §600.9(c)
“…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.”
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http://www.tinyurl.com/mazquyl
Federal Regulation – Chapter 34, §600.9(c)
“…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.”
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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
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.
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For more information: http://wcet.wiche.edu/learn/issues/state-authorization http://wcetblog.wordpress.com/
Federal Regulations
Representative Foxx Bill.
New DoD MOU expects you to comply with state regulations.
States STILL EXPECT YOU TO COMPLY and their deadline is NOW.
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For more information: http://wcet.wiche.edu/learn/issues/state-authorization http://wcetblog.wordpress.com/
Federal Regulations
Student Notifications: Institutions must provide current and prospective students with contact information for filing complaints with their accrediting agency and with the appropriate state agencies.
Deadline was July 1, 2011.
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Federal Regulations
These four items should be easily found on your institution’s website:
1. Information about your institution’s complaint process.
2. Accreditation information (including their complaint processes).
3. State agency complaint web links.
4. State authorization information.
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Federal Regulations
Gainful Employment – Licensure Notifications:
“The applicable educational prerequisites for
professional licensure or certification…”
Regulation as of October 31, 2014.
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There has to be a better way!
Reciprocity 23
State Authorization Reciprocity Agreement (SARA)
The Current Process: Institutions seek authorization from every state or territory where they hope to serve students. The SARA Process: Institutions seek approval from their home states which have joined SARA and the state agency then regulates those institutions with regard to the export of online education across state lines to host states.
SARA Will Help Reduce Costs To Institutions and Students
Reciprocity 24
Basic Principles 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.
Reciprocity 25
Basic Principles
Sets a uniform set of “triggers” for physical presence. Marketing and recruiting. Servers and instructors in other SARA states. Proctored exams. Class field trips across state lines among SARA
states. More clinical and experiential learning. Some limited on-the-ground learning.
Reciprocity 26
Basic Principles 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 27
Structure of SARA Regional compacts work with their states.
Midwestern Higher Education Compact. New England Board of Higher Education. Southern Regional Education Board. Western Interstate Commission for Higher Education.
National Council for SARA (NC-SARA) works with all
states. Comprehensive national coverage. Financial plan to support operations.
Regional Compacts Reciprocity Agreement (SARA)
WICHE
MHEC NEBHE
SREB
Reciprocity 29
SARA Progress 19 States
Reciprocity 30
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 31
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.
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What are Institutions Doing (or Not Doing)
About State Authorization?
http://wcet.wiche.edu/advance/upcea-wcet-sa-survey
Progress in Obtaining Authorizations
3% 5% 3%
38% 18% 16%
26%
9% 12%
28%
52% 44%
5% 15%
25%
2011 2012 2014
We have applied and/orreceived approval from allof the states in which weplan to serve students.
We have formally appliedto one or more states.
We have formallycontacted some or allstates, but have notapplied to any state.
We have undertaken someinitial steps.
We have yet to addressany state authorizationrequirements.
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69% applied to at least one state.
31% NOT applied to any
state.
Reasons for Not Applying
18%
9%
52%
55%
30%
12%
49%
42%
4%
We believe we are exempt from having toapply
We believe the regulation with berepealed
We have heard about a reciprocityagreement, and we are waiting to see…
The cost is too high
We have no staff available to fileapplications
It is not an institutional priority
We are in the process of collectinginformation before applying
We are awaiting more clarification
We will wait until a state learns we areoffering instruction in their state before…
n=231
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Top four reasons:
•Cost •Waiting for SARA •Collecting Info •Awaiting Clarification
States Where Not Seeking Authorization
Yes, 75% Yes,
59%
Yes, 72%
No, 25% No, 41%
No, 28%
2011, n=122 2012, n=119 2014, n=410
Are there states from which you will not seek authorization or
can no longer accept students?
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Almost Three-quarters of Respondents
No Longer Enroll Students in
Some States
States Where Not Seeking Authorization
98 92
77 69
63 34
30 28 26 25
19 17 16 15 14 13 12 12 11 10 9 9 9 8 8
ArkansasMinnesotaMassachu…AlabamaMarylandWisconsin
OregonKentucky
KansasIowaUtah
North…TennesseeWyomingLouisanaIndiana
DCNevadaGeorgia
AlaskaNorth…
Pennsylva…Washington
FloridaNew…
Number of total mentions
8 8
7 6
5 5 5
4 4 4 4 4 4 4
3 3 3 3 3 3
2 2 2
1 1 1 1
New YorkOhio
IllinoisMontana
ConnecticutNebraska
TexasDelaware
New JerseyNew…
OklahomaRhode…South…West…
ArizonaHawaiiMaine
MissouriVirgina
Puerto RicoColorado
IdahoMississippiCaliforniaMichigan
South…Vermont
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Many Colleges Avoid Five States:
Arkansas Minnesota
Massachusetts Alabama Maryland
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
Questions???
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
WCET State Authorization Network
Resources
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
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Resources 41
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
Welcome to New York Photo: https://www.flickr.com/photos/auvet/285187797/in/photostream/
