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 marianne@nchems.org

Russ PoulinDeputy Director, Research & Analysis

WCET - WICHE Cooperative forEducational Technologies

rpoulin@wiche.edu

Angela AlbrittonDirector, Military and Government Relations

Embry-Riddle Aeronautical Universityalbritta@erau.edu

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/