State Authorization 101 June 23, 2015 The webcast will begin at the - - PowerPoint PPT Presentation

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State Authorization 101 June 23, 2015 The webcast will begin at the - - PowerPoint PPT Presentation

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State Authorization 101 June 23, 2015 The webcast will begin at the top of the hour. There is no audio being broadcast at this time. If you need assistance, contact Blackboard Collaborate: 866-388-8674. An archive of this webcast

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wcet.wiche.edu

State Authorization 101

June 23, 2015

  • The webcast will begin at the top of the hour.
  • There is no audio being broadcast at this time.
  • If you need assistance, contact Blackboard Collaborate:

866-388-8674.

  • An archive of this webcast will be available on the WCET

website next week.

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wcet.wiche.edu

State Authorization 101

  • Welcome.
  • Thank you Blackboard Collaborate!
  • If you have technical issues:
  • Call 866-388-8674
  • Use the chat box for questions and

information exchange.

  • Archive, PowerPoint, and Resources

available next week.

Megan Raymond, WCET 2

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wcet.wiche.edu

Questions from the Audience

  • If you have a question during the presentation, please add

your questions to the chat box. We will monitor the chat box and have time for Q&A at the end of each section.

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STATE A TE AUTHO HORIZATI TION 1 101

WCET STATE AUTHORIZATION NETWORK WEBINAR JUNE 23, 2015

JEANNIE YOCKEY-FINE, COOLEY, LLP SHARYL THOMPSON, HER CONSULTING

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STATE A AUTHORIZATION 101 01

What is State Authorization? Common Myths State Law and the Basics SARA

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State Authorization and Professional Licensure

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WH WHAT I IS STATE AUTHOR ORIZATION ON?

  • Formal determination by a state higher education regulatory agency

that institutions may conduct certain activities within its borders

  • Each state has different triggers (activities) requiring authorization
  • Regulations have been on the books for years
  • Applicable to all types of institutions
  • State authorization is sometimes referred to as “approval to operate”

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HOW D DO INSTITUT UTIONS “ “OPER ERATE” E” IN A STATE?

  • Apply for and obtain formal authorization

(sometimes other terms are used – licensed, registered, certified, etc.)

  • Apply for and obtain formal exemption
  • Conduct no trigger activities – do not fall under state’s jurisdiction

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STATE A AUTHORIZATION

  • For consumer protection
  • Involves more than distance education; also includes campus-based

institutions’ activities outside the home state; for example

  • Internships and other field experiences for campus-based programs are

regulated in some states

  • State authorization and common sense are not always well acquainted

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STATE A AUTHORIZATION

  • State authorization is an institution-wide compliance matter
  • Impacts most departments within an institution
  • Works best with some centralized functions and frequent, open

internal communication

  • Important to develop and foster a culture of compliance

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CO COMMO MMON M N MYTHS

MYTH: “The federal rule was vacated, so I don’t have to worry about state authorization.” FACT: The revocation of the federal rule had no impact on state law. And, there are alternative means for the federal government to cite institutions not complying with state laws.

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CO COMMO MMON M N MYTHS

MYTH: “My institution does not need to be authorized if only one or two students are taking online courses while in a state.” FACT: Only a couple of states have a de minimis test that exempts an institution with a small number of online students. Usually it does not legally matter if you have one or 100 students taking an

  • nline course while in the state.

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CO COMMO MMON M N MYTHS

MYTH: “No one ever gets in trouble for failure to obtain authorization in a state.” FACT: Penalties are becoming more common. Most often, these consist

  • f cease-and-desist letters, forced teach-outs, enrollment freezes,

and fines. Some states even provide for criminal penalties, although these are rarely applied.

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CO COMMO MMON M N MYTHS

MYTH: “We don’t need to worry about state authorization because reciprocity is right around the corner.” FACT: Even if reciprocity stays on schedule, adoption by some states may be several years away, some of the more difficult states may choose not to join, and it does not cover professional licensure.

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WHA HAT IS HAPPEN ENING A AT T THE S STATE E LEVEL? EL?

  • With or without a federal rule, underlying state authorization

requirements apply

  • Federal actions and related publicity have energized many states
  • State attorneys general have taken up enforcement, mainly

against for-profits

  • State law continues to evolve rapidly

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WHICH S CH STATES R REQUIRE RE AUTHORI RIZATION?

  • Most states (approximately ¾) still require some form of “physical

presence” to trigger licensure

  • Other states may not require authorization but institutions with

exclusively online programs must obtain a written exemption:

  • Alaska
  • Illinois
  • North Dakota
  • Utah*

*Certain conditions apply

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PURE RELY O Y ONLINE D DEGRE REE I E INSTITUT UTIONS M MUST BE AUTHO HORIZED ED

  • Alabama
  • Arkansas
  • Indiana
  • Iowa*
  • Kansas*
  • Maryland
  • Minnesota
  • Missouri*
  • Montana
  • Oregon*
  • Wisconsin
  • Wyoming

Where the student is when taking an online course

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*Certain conditions apply

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PURELY O ONL NLINE NO NON-DEGREE I EE INSTITUTIONS MUS UST B BE A AUTHO HORIZED ED

  • Alabama
  • Kansas*
  • Montana
  • Nebraska
  • New Hampshire
  • Oklahoma
  • Texas
  • Wisconsin
  • Wyoming

Where the student is when taking an online course

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*Certain conditions apply

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MOST C COMMON T TRIGGER ERS F FOR P R PHYS YSICAL L PRESENCE

  • Local address/site/phone exchange
  • Local advertising (direct mail, email, radio, TV, newspaper)
  • Faculty (where online faculty reside when teaching online course)
  • Supervised field experiences, internships, practica, student

teaching, etc.

  • On-the-ground recruiting activities

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CO COMMO MMON T N TRIGGERS

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WHAT DOE DOES IT TAKE TO O GE GET A AUTHORIZED?

  • Varies by state
  • Meet the requirements
  • Submit an application (simple to complex)
  • Resource commitment (people, time, money)
  • Pay fees
  • Sometimes attend a commission meeting, secure surety bond, or

license agents (recruiters)

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COM OMPONENTS OF OF A STATE A AUTHORIZATION A APPLICATION

  • Curriculum (how developed, courses, alignments, faculty role)
  • Faculty credentials, courses taught, experience, etc.
  • Admission/enrollment policies and processes
  • Marketing activities – recruiting and advertising
  • Technology information – student authentication, faculty/student

interaction, etc.

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COM OMPONENTS OF OF A STATE A AUTHORIZATION A APPLICATION

  • Student services (including library resources)
  • Academic policies
  • Organizational structure
  • Assessment, program reviews
  • Audited financial statements
  • Title IV composite score

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COMPON ONENT NTS O OF A STATE AUTHOR ORIZATION A N APPLICATION ON

  • Tuition and tuition refund policy
  • Maintenance of academic records
  • Catalog
  • Advertising examples
  • Faculty hiring process; faculty development; faculty orientation;

faculty workload

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OTHER HER C CONSIDERA ERATIONS

  • Complaint policy – what it says; where it’s published
  • Proof of accreditation
  • Disclosures (Catalog, website, advertising, enrollment agreement)
  • Licensing individual agents/recruiters
  • Surety bonds
  • Professional licensure programs

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ONGOIN ING STATE A AUTHORIZ IZATIO ION R RESPONSIB IBILIT ITIE IES

  • Renewal applications
  • Reporting: tuition, enrollment, employment, professional licensure
  • Adding new program offerings
  • Changes in current programs
  • Discontinuing a program
  • Change in academic leadership

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CONSEQUE UENCES F FOR N R NON-COMP MPLIANC NCE

  • Cease and desist letters or orders
  • Possible institutional sanctions, fines, etc.
  • Difficult situations, including lawsuits if a graduate is not eligible to sit

for a professional licensure exam

  • Potential domino effects with accreditors and U.S. Department of

Education

  • Damage to reputation

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STATE A AUTHOR ORIZATION ON TREND NDS

More aggressive regulations in some states

California

  • As of January 2016, will remove exemptions for many institutions

Florida

  • Possible rule changes to require low default rates and increase

institutional bonding requirements Massachusetts

  • New consumer protection regulations for for-profits issued by

Attorney General (940 CMR 31.0)

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HAPPIER ER S STATE AUTHO HORI RIZATION T TREN ENDS

Maryland

  • Now allows up to 5 students in an internship program without

triggering full authorization Ohio Board of Regents

  • Abbreviated application process for institutions offering programs

with internships Washington State

  • Field placement authorization with Student Achievement Council –

quicker and less expensive

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STATE AUTHORIZATION R RECIPROCITY ( (SARA)

  • SARA establishes a state-level reciprocity process
  • Voluntary for states and institutions
  • Acknowledges tradition roles in higher education’s “accountability triad”,

federal government, states, and accrediting bodies

  • Requires states to approve their in-state institutions for SARA

participation

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STATE AUTHORIZATION R RECIPROCITY ( (SARA)

  • States agree to impose no additional (non-SARA) fees or

requirements on institutions from other SARA states

  • Open to accredited, degree-granting, postsecondary institutions

in all sectors

  • Sets forth a reasonable, uniform set of triggers of physical presence
  • Preserves state approval and oversight of on-the-ground campuses

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STATE A AUTHORIZATION RECIPROCITY

Nation-wide system of reciprocity administered by the four existing regional compacts

WICHE NEBHE

MHEC

SREB

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BENEFI FITS T TO O INSTITUTIONS

  • Reduces number of state applications
  • Reduces burden of tracking regulation changes in other states
  • Reduces reporting requirements
  • Reduces overall costs
  • Reduced costs = potentially lower fees for students
  • Enables more efficient provision of higher education to a

broader market

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SUMMARY O OF SARA RA MEMBER ERSHIP

As of June 1, 2015:

  • Twenty-four SARA member states: Alaska, Arizona, Colorado,

Idaho, Indiana, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Vermont, Virginia, Washington, West Virginia, and Wyoming

  • Expect total of 30 states by end of 2015
  • http://nc-sara.org

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PROFESSIONAL L L LICEN ENSURE RE

  • Professional licensing board requirements are separate from state

authorization regulations

  • Some state authorization agencies will not approve a program until

that state’s licensing board approves the program

  • Professional licensure requirements are not covered by SARA

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PROFESSIONAL L L LICEN ENSURE RE

Professional licensing board requirements vary greatly state-to-state

  • May mandate specific programmatic accreditations
  • Field experience – number of hours and sites
  • Professional examinations
  • Some professional licensing boards will not approve any online

programs

  • Some states will not transfer or allow initial license from another state

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PROFESSIONAL L L LICEN ENSURE RE

  • Two types of standards: programmatic and individual applicant (your

student)

  • Multiple licensing boards in each state
  • Program leading to a professional license in institution’s home state

may not lead to a license in another state, and vice versa

  • Institutions need to know and disclose in which states their

graduates are and are not eligible for a professional license

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QU QUESTIONS?

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Sharyl Thompson CEO Higher Education Regulatory (HER) Consulting Sharyl@herconsultingllc.com 763-561-1449 Jeannie Yockey-Fine Senior Advisor, State Regulatory Services Cooley, LLP jyockeyfine@cooley.com 202-776-2972

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wcet.wiche.edu

Learn More and Stay Connected

▪ Visit the WCET’s Connect, Learn, Advance services on our website: ▪ http://wcet.wiche.edu/ ▪ WCET Leadership Summit: Adaptive Learning In Higher Ed: Improving Outcomes Dynamically ▪ June 10-11, Santa Fe, NM

  • http://wcet.wiche.edu/connec/2015-adaptive-learning-summit
  • WCET Annual Meeting

▪ November 11-13, Denver, CO ▪ Call for proposals announced in March ▪ http://wcetconference.wiche.edu/

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Thank You to Our Technology Provider

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Thank you Supporting Members for your commitment to WCET and e-Learning

▪ Boise State University ▪ Colorado State University ▪ Cooley LLP ▪ Lone Star College System ▪ Michigan State University ▪ University of Missouri/Mizzou Online ▪ University of North Texas ▪ University of West Georgia

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Thank you WCET Annual Sponsors

▪ Blackboard ▪ Pearson Learning Solutions ▪ Vital Source Solutions

▪ Learn about Sponsorship Opportunities: http://www.wcet.wiche.edu/sponsorship