surviving the state authorization roller coaster ride detc fall workshop october 16, 2012

Surviving the State Authorization Roller Coaster Ride

DETC Fall WorkshopOctober 16, 2012

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WICHE Cooperative for Educational Technologies

WCET accelerates the adoption of effective practices and policies, advancing excellence in technology-enhanced teaching and learning in

higher education.

http://wcet.wiche.edu

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Russ PoulinDeputy Director,

Research & Analysisrpoulin@wiche.edu

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• The Federal Regulation• The State Regulations• State Authorization Reciprocity Agreement• State Authorization Network• QUESTIONS?

Today’s Agenda

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The Federal Regulation: Chapter 34, § 600.9(c)

e-CFR: http://tinyurl.com/47vxesx

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Issued October 2010:“If an institution is offering

postsecondary education through distance or correspondence education in a State in which it is not physically located…

The Federal Regulation: Chapter 34, § 600.9(c)

e-CFR: http://tinyurl.com/47vxesx

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“…the institution must meet any State requirements for it to be legally offering distance or correspondence education in that State.”

The Federal Regulation: Chapter 34, § 600.9(c)

e-CFR: http://tinyurl.com/47vxesx

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“An institution must be able to document upon request from the Department that it has such State approval.”

The Federal Regulation: Chapter 34, § 600.9(c)

e-CFR: http://tinyurl.com/47vxesx

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The Federal Regulation: APSCU Lawsuit

Photo: http://morguefile.com/archive/display/47686

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The Federal Regulation: APSCU Lawsuit

Photo: http://morguefile.com/archive/display/47686

July 2011 – District Court of D.C. rules:"The Court will vacate 34 C.F.R. § 600.9(c).”

http://tinyurl.com/6ffhml9

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The Federal Regulation: APSCU Lawsuit

Photo: http://morguefile.com/archive/display/47686

July 2011 – District Court of D.C. rules:"The Court will vacate 34 C.F.R. § 600.9(c).”

June 2012 – U.S. Court of Appeals"We are thus constrained to affirm thatsection 600.9(c) violates the APAand must be vacated.”

http://tinyurl.com/8msh7b8

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“As a result, institutions must comply with the provisions found in 600.9(a). The Department will not enforce the requirements of 600.9(c), although institutions continue to be responsible for complying with all State laws as they relate to distance education.”

The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

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“As a result, institutions must comply with the provisions found in 600.9(a). The Department will not enforce the requirements of 600.9(c), although institutions continue to be responsible for complying with all State laws as they relate to distance education.”

The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

Will you enforce through 600.9(a)?

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“As a result, institutions must comply with the provisions found in 600.9(a). The Department will not enforce the requirements of 600.9(c), although institutions continue to be responsible for complying with all State laws as they relate to distance education.”

The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

Will you enforce through 600.9(a)?

Will you enforce through other means?

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“As a result, institutions must comply with the provisions found in 600.9(a). The Department will not enforce the requirements of 600.9(c), although institutions continue to be responsible for complying with all State laws as they relate to distance education.”

The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

Will you enforce through 600.9(a)?

Will you enforce through other means?

Will you enforce for consortia?

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“As a result, institutions must comply with the provisions found in 600.9(a). The Department will not enforce the requirements of 600.9(c), although institutions continue to be responsible for complying with all State laws as they relate to distance education.”

The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

Will you enforce through 600.9(a)?

Will you enforce through other means?

Will you enforce for consortia?

Will you try to resurrect it?

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“As a result, institutions must comply with the provisions found in 600.9(a). The Department will not enforce the requirements of 600.9(c), although institutions continue to be responsible for complying with all State laws as they relate to distance education.”

The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

Will you enforce through 600.9(a)?

Why are you collecting data?

Will you enforce through other means?

Will you enforce for consortia?

Will you try to resurrect it?

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The Federal Regulation: July 2012 ‘Dear Colleague’ Letter

http://www.flickr.com/photos/dukeyearlook/2714868152/Creative Commons BY-NC-SA 2.0

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The State Regulations

Kids coaster photo: http://www.morguefile.com/archive/display/182318

Regulations predated thefederal regulations andremain in effect.

Expect you to complybefore you serve the firststudent in their state.

Not tied to Title IV.

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The State Regulations

Twisty coaster photo: http://www.morguefile.com/archive/display/72796

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The State Regulations Broken down photo:http://www.morguefile.com/archive/display/758526

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The State Regulations

Twisty coaster photo: http://www.morguefile.com/archive/display/72796

State Higher EducationExecutive Officers’ (SHEEO)http://www.sheeo.org/stateauth/stateauth-home.htm

•State Reg. Offices•State Laws & Regulations•Complaint Processes•Fee Summary•WCET helping to support

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The State Regulations

Twisty coaster photo: http://www.morguefile.com/archive/display/72796

Sample ‘physical presence’ triggers:

•Distance Ed Students•Advertising/Marketing•Required Proctoring•Employees (adjuncts)•Practicum/Internships•Third-party Contract

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• Multiple agencies in some states: 70 agencies for 50 states and DC

• State websites much clearer.• Answers from states more consistent.• Myth: States making money…rarely the case.• Easier: Idaho, Maine, Massachusetts(?).• Harder: Maryland.

The State RegulationsUpdates

Photo: http://morguefile.com/archive/display/47686

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Commerce Clause:“To regulate Commerce with foreign Nations,

and among the several States, and with the Indian Tribes;”

International Textbook Co. vs. Pigg – 1910

What about the Commerce Clauseof the U.S. Constitution?

Photo: http://morguefile.com/archive/display/47686

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Presidents’ Forum/Council of State Governmentshttp://presidentsforum.excelsior.edu/projects/multi-state-reciprocity.html

• Developing model “compact.”• Draft available.• Will be finished soon.

To see draft: http://wcetblog.wordpress.com/2012/04/27/sara-draft-feedback/

State Authorization Reciprocity Agreement

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Regional compacts implementation version:

• Southern Regional Education Board (SREB)• Western Interstate Commission for Higher

Education (WICHE)• New England Board of Higher Education

(NEBHE)• Midwest Higher Education Compact (MHEC)

State Authorization Reciprocity Agreement

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State Authorization Reciprocity Agreement

WICHE

MHEC

SREB

NEBHE

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State Authorization Reciprocity Agreement

WICHE

MHEC

SREB

NEBHE

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Voluntary• For state.• For institutions.

Uses “home state” model• Authorized in home state.• Other participating states recognize.

State Authorization Reciprocity Agreement

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Criteria for states to join:• Academics – based on accreditation.• Financial integrity – uses federal measure or

surrogate.• Consumer protection – recruiting, tuition,

refunds, admissions.• Complaints – process and documentation.

State Authorization Reciprocity Agreement

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Criteria for states to join:• Academics – based on accreditation.• Financial integrity – uses federal measure or

surrogate.• Consumer protection – recruiting, tuition,

refunds, admissions.• Complaints – process and documentation.

State Authorization Reciprocity Agreement

Is this another level of bureaucracy??

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State Authorization Reciprocity Agreement

US Dept of Ed (financial aid)

Accreditation (quality)

State Approval (consumer protection)

The “Triad”

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Institutions CAN DO in partner states:• Distance-only courses / programs.• Courses/programs part of consortium.• Advertise.• Offer clinicals, practica, internships.• Offer other field experiences.• Short courses / part of a course.

State Authorization Reciprocity AgreementPhysical Presence

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Institutions CAN DO in partner states:• Serve military personnel, dependents, and

employees on military installations.• Have faculty or employees in the state.• Required proctored exams.• Contract in the state.• Server in the state.

State Authorization Reciprocity AgreementPhysical Presence

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Institutions CAN NOT DO in partner states:• Establishing a physical location.• Requiring students to meet in a physical

location for more than ¼ of course.• Establishing an administrative office in the

state.

State Authorization Reciprocity AgreementPhysical Presence

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• States• No fees, unless an unaffiliated state.• Will need to readjust activities.

• Institutions• Yearly fee to participate.• Initial estimate: $1,500 - $5,000 / year.• Adjusted over time as more join.

State Authorization Reciprocity AgreementCosts

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• States• Focusing on local institutions.• Cutting costs.

• Institutions• Dealing with local approval.• Cutting costs.

State Authorization Reciprocity AgreementAdvantages

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Does not include non-degree institutions

• SREB: www.sreb.org• WICHE: www.wiche.edu• NEBHE: www.nebhe.org• MHEC: www.mhec.org

State Authorization Reciprocity AgreementNon-degree Institutions

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WCET State Authorization Network (SAN)

Keep updated.DETC joined on your behalf.

rpoulin@wiche.edu

http://wcet.wiche.edu/advance/state-authorization-network

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QUESTIONS????

Russ Poulinrpoulin@wiche.edu

http://wcetblog.wordpress.com

http://wcet.wiche.edu/connect/state-approval