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Surviving the State Authorization Roller Coaster Ride DETC Fall Workshop

Surviving the State Authorization Roller Coaster Ride DETC Fall Workshop. October 16, 2012. 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.

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Surviving the State Authorization Roller Coaster Ride DETC Fall Workshop

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  1. Surviving the State Authorization Roller Coaster RideDETC Fall Workshop October 16, 2012

  2. 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

  3. Russ PoulinDeputy Director, Research & Analysisrpoulin@wiche.edu

  4. Today’s Agenda • The Federal Regulation • The State Regulations • State Authorization Reciprocity Agreement • State Authorization Network • QUESTIONS?

  5. The Federal Regulation: Chapter 34, § 600.9(c) e-CFR: http://tinyurl.com/47vxesx

  6. The Federal Regulation: Chapter 34, § 600.9(c) 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… e-CFR: http://tinyurl.com/47vxesx

  7. The 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.” e-CFR: http://tinyurl.com/47vxesx

  8. The Federal Regulation: Chapter 34, § 600.9(c) “An institution must be able to document upon request from the Department that it has such State approval.” e-CFR: http://tinyurl.com/47vxesx

  9. The Federal Regulation: APSCU Lawsuit Photo: http://morguefile.com/archive/display/47686

  10. The Federal Regulation: APSCU Lawsuit July 2011 – District Court of D.C. rules: "The Court will vacate 34 C.F.R. § 600.9(c).” http://tinyurl.com/6ffhml9 Photo: http://morguefile.com/archive/display/47686

  11. The Federal Regulation: APSCU Lawsuit 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 that section 600.9(c) violates the APA and must be vacated.” http://tinyurl.com/8msh7b8 Photo: http://morguefile.com/archive/display/47686

  12. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter “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.” http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

  13. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter Will you enforce through 600.9(a)? “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.” http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

  14. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter Will you enforce through 600.9(a)? “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.” Will you enforce through other means? http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

  15. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter Will you enforce through 600.9(a)? “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.” Will you enforce through other means? Will you enforce for consortia? http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

  16. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter Will you enforce through 600.9(a)? “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.” Will you enforce through other means? Will you enforce for consortia? Will you try to resurrect it? http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

  17. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter Will you enforce through 600.9(a)? “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.” Will you enforce through other means? Will you enforce for consortia? Will you try to resurrect it? Why are you collecting data? http://wcetblog.wordpress.com/2012/07/30/usdoe-will-not-enforce/

  18. The Federal Regulation: July 2012 ‘Dear Colleague’ Letter http://www.flickr.com/photos/dukeyearlook/2714868152/ Creative Commons BY-NC-SA 2.0

  19. The State Regulations Regulations predated thefederal regulations andremain in effect. Expect you to complybefore you serve the firststudent in their state. Not tied to Title IV. Kids coaster photo: http://www.morguefile.com/archive/display/182318

  20. The State Regulations Twisty coaster photo: http://www.morguefile.com/archive/display/72796

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

  22. The State Regulations State Higher Education Executive Officers’ (SHEEO) http://www.sheeo.org/stateauth/stateauth-home.htm • State Reg. Offices • State Laws & Regulations • Complaint Processes • Fee Summary • WCET helping to support Twisty coaster photo: http://www.morguefile.com/archive/display/72796

  23. The State Regulations Sample ‘physical presence’ triggers: • Distance Ed Students • Advertising/Marketing • Required Proctoring • Employees (adjuncts) • Practicum/Internships • Third-party Contract Twisty coaster photo: http://www.morguefile.com/archive/display/72796

  24. The State RegulationsUpdates • 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. Photo: http://morguefile.com/archive/display/47686

  25. What about the Commerce Clauseof the U.S. Constitution? Commerce Clause: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;” International Textbook Co. vs. Pigg – 1910 Photo: http://morguefile.com/archive/display/47686

  26. State Authorization Reciprocity Agreement Presidents’ Forum/Council of State Governments http://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/

  27. State Authorization Reciprocity Agreement 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)

  28. State Authorization Reciprocity Agreement NEBHE MHEC WICHE SREB

  29. State Authorization Reciprocity Agreement NEBHE MHEC WICHE SREB

  30. State Authorization Reciprocity Agreement Voluntary • For state. • For institutions. Uses “home state” model • Authorized in home state. • Other participating states recognize.

  31. State Authorization Reciprocity Agreement 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.

  32. State Authorization Reciprocity Agreement 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. Is this another level of bureaucracy??

  33. State Authorization Reciprocity Agreement The “Triad”

  34. State Authorization Reciprocity AgreementPhysical Presence 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.

  35. State Authorization Reciprocity AgreementPhysical Presence 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.

  36. State Authorization Reciprocity AgreementPhysical Presence 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.

  37. State Authorization Reciprocity AgreementCosts • 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.

  38. State Authorization Reciprocity AgreementAdvantages • States • Focusing on local institutions. • Cutting costs. • Institutions • Dealing with local approval. • Cutting costs.

  39. State Authorization Reciprocity AgreementNon-degree Institutions Does not include non-degree institutions • SREB: www.sreb.org • WICHE: www.wiche.edu • NEBHE: www.nebhe.org • MHEC: www.mhec.org

  40. WCET State Authorization Network (SAN) Keep updated. DETC joined on your behalf. rpoulin@wiche.edu http://wcet.wiche.edu/advance/state-authorization-network

  41. QUESTIONS???? Russ Poulinrpoulin@wiche.edu http://wcet.wiche.edu/connect/state-approval http://wcetblog.wordpress.com

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