today’s speakers the state of state authorization: regulations and reciprocity council of college...
TRANSCRIPT
Today’s Speakers
The State ofState Authorization:
Regulations and Reciprocity
Council of College andMilitary Educators
January 29, 2015
WCETWICHE 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
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Agenda
Basic Principles State Regulations Federal Regulations Reciprocity and SARA An Example: Embry-Riddle U.
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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)
The answer to almost all state authorization questions?
It depends!
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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 Statehttp://www.sheeo.org
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State Regulations
Licensure programs
Nursing Teacher Education
PsychologyMedical Technician Funeral Services
Physician Assistants
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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.
What about State of Residence?
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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…”
http://www.tinyurl.com/mazquyl
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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.”
http://www.tinyurl.com/mazquyl
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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.”
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/
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Federal RegulationNegotiated 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. States STILL EXPECT YOU TO COMPLY and
their deadline is NOW.
For more information:http://wcet.wiche.edu/learn/issues/state-authorizationhttp://wcetblog.wordpress.com/
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There has to be a better way!
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Reciprocity
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)
WICHE
MHEC NEBHE
SREB
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Reciprocity
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.”
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Reciprocity
SARA Progress
Legislation Passed or Not NeededApproved as a SARA State
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Reciprocity
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.
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Reciprocity
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. AlbrittonDirector, Military and Government Relations
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Presentation Objectives
1. Provide Institutional Background Information
2. Discuss Institutional Challenges 3. Share Recommended Practices
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Institutional Background
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
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Institutional Challenges
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.
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Institutional Background
Black dots = ERAU civilian campuses Gray dots = ERAU military campuses
o green – exempt or authorization not requiredo yellow – authorization required for distance learningo red – authorization required
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Recommended Practices for Institutions
Track military-affiliated students and create a CentralizedState 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
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What Should Your Institution Be Doing?
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 BoekeSenior Research Associate
National Center for Higher EducationManagement Systems [email protected]
Russ PoulinDeputy Director, Research & Analysis
WCET - WICHE Cooperative forEducational Technologies
Angela AlbrittonDirector, Military and Government Relations
Embry-Riddle Aeronautical [email protected]
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
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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
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 Authorizationhttp://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/