Today’s Speakers The State of State Authorization: Regulations and Reciprocity Council of College and Military Educators January 29, 2015

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Agenda  Basic Principles  State Regulations  Federal Regulations  Reciprocity and SARA  An Example: Embry-Riddle U. 3

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. 4

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. 5

State Authorization – Basic Principles Basic Principle 3: The states view this as Consumer Protection. 6

State Authorization – Basic Principles Basic Principle 4: The answer to nearly every question is: IT DEPENDS!!!!! 7

State Regulations States expect institutions to follow their laws and regulations.  Use SHEEO Web 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! 8

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. 9

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 10

State Regulations Licensure programs 11 Nursing Teacher Education Psychology Medical Technician Funeral Services Physician Assistants

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? 12

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…” 13

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.” 14

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.”

Federal Regulation Negotiated Rulemaking The Bottom Line  Department “pauses” on state authorization. (  NO federal regulation.  NO federal deadline.  States STILL EXPECT YOU TO COMPLY and their deadline is NOW. 16 For more information:

17 There has to be a better way!

Reciprocity 18 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

Reciprocity 20 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 21 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 23 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 Provide Institutional Background Information 2. Discuss Institutional Challenges 3. Share Recommended Practices

Institutional Background 26  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 27  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 29 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? 30  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 Russ Poulin Deputy Director, Research & Analysis WCET - WICHE Cooperative for Educational Technologies Angela Albritton Director, Military and Government Relations Embry-Riddle Aeronautical University Questions???

Expecting each institution to navigate authorization regulations in every state is highly inefficient. Working cooperatively, institutions can share the burden. WCET State Authorization Network

Resources  WCET state authorization website  WCET State Authorization Network  WCET Frontiers Blog:  SHEEO (list of state regulations) 33

Resources 34  10 Steps You Can Take to Begin the State Authorization Process  Federal Regulation 600.9(c)  Military Students and State Authorization WCETTalkingPoints-State-Auth-Military-Nov2013.pdf  National Council of State Boards of Nursing Welcome to New York Photo: