“State Authorization” of Distance Education Challenges/Barriers/Opportunities Shellie L. Haut September 16, 2015

Background – Federal Regulation »US Department of Education released Program Integrity regulations, Oct 2010 »Documentation of State Authorization »“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, 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.” {Ch. 34, S c} »Vacated (US Court of Appeals upholds District Court ruling to vacate this requirement on procedural grounds)(June 2012)

»Long-standing authority to regulate institutions offering education within the state’s boundaries »Consumer Protection »Authorization Process varies from very strict to essentially not regulating »States expect institutions to follow the law before advertising, enrolling, serving »Michigan »Autonomous Background – State Regulations

»Must have authorization (or exemption) from each state, including DC and US Territories »Requirements differ »Physical Presence Triggers (telephone, advertising, proctoring, experiential activities, faculty, server, etc.) »Responsiveness varies »Fees vary »Renewal and reporting requirements »DoD MOU requires state authorization compliance »International Practical Realities

»State Authorization Reciprocity Agreement (SARA) Initiative »Institution authorized under SARA criteria in home state would be considered authorized in all other SARA states to deliver online courses/programs »NC-SARA »Regional Compacts »MHEC (IL, IN, IA, KS, MI, MN, MO, NE, ND, OH, SD, WI) »WICHE »SREB »NEBHE »Applicability – online; interstate; not international New Developments

»Voluntary »Acknowledges accountability triad (federal, states, ED recognized accrediting bodies) »Home states must approve in-state institutions for SARA participation and resolve student complaints »SARA states may not impose additional requirements »Reasonable, uniform set of “physical presence” triggers »Preserves state approval/oversight of on-ground locations Key Attributes of SARA

»Michigan needed enabling legislation »Presidents Council, State Universities of Michigan (PCSUM), State of Michigan, Midwestern Higher Education Compact (MHEC) Getting to SARA…for CMU

»Enabling legislation signed June 8, 2015 and took effect June 9, 2015 »Higher Education Authorization and Distance Education Reciprocal Exchange Act (2015 PA 45) »This act authorizes the Department of Licensing and Regulatory Affairs to enter into reciprocal distance learning compacts; ensure that distance learning providers meet standards of practice; set annual fees; protect student records; and establish a student complaint system. In-state schools that choose to participate as part of a national reciprocity agreement are authorized to provide distance education in other member states. Out-of-state schools located in states that are not a member of a national reciprocity agreement may seek authorization under this act to provide distance education to Michigan residents. To be eligible to apply and participate, a school must be degree granting and accredited. Michigan

»Licensing & Regulatory Affairs (LARA) »Portal Agency »Complaint Process »Approved as Member of SARA on August 31, 2015 »Began accepting applications from institutions on September 1, 2015 »CMU – SARA Participant »Application submitted September 1, 2015 »Approved September 3, 2015 »First institution to be approved in the state! State of Michigan-SARA

»Expands access for students to CMU programs »Establishes consistent complaint process »Reduces institutional costs »Establishes expectation of and commitment to overall quality »Interregional Guidelines for the Evaluation of Distance Education (Council of Regional Accrediting Commissions) Advantages of SARA

»May deliver online programs in all SARA states (unless SARA physical presence established) without applying for (including paying fees) and receiving specific state authorization »Removes potential of regulatory barrier for experiential activities » Opportunities

»Social Work »Criminal Justice »Accounting »Counseling psychology, psychotherapy »Early childhood education »Computer security, cybersecurity »Psychology »Undergraduate »Business Administration »Nursing »Computer Science and engineering »Information Technology »Engineering »Sociology »Networks, Computer networking »Elementary education Online College Students 2015: Comprehensive Data on Demands and Preferences (see, content/uploads/2015/07/OnlineCollegeStudents2015.p df) content/uploads/2015/07/OnlineCollegeStudents2015.p df Top 15 Undergraduate and Graduate Majors (By Selection)*

»Technology Management »Social work »Elementary education »Engineering »Software engineering »Secondary education »Other »Graduate »Business Administration »Nursing »Computer science and engineering »Information technology »Early childhood education »Counseling psychology, psychotherapy »Computer security, cybersecurity »Networks, computer networking Online College Students 2015: Comprehensive Data on Demands and Preferences (see, content/uploads/2015/07/OnlineCollegeStudents2015.p df) content/uploads/2015/07/OnlineCollegeStudents2015.p df Top 15 Undergraduate and Graduate Majors (By Selection)*