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State Authorization OCICU

State Authorization OCICU . Russ Poulin, Deputy Director Megan Raymond, Manager, Events and Programs March 2, 2012. Today’s Agenda. WCET The Federal Regulation State Regulation Reciprocity Agreement(s) Student Complaint Process What Should You Do? QUESTIONS?.

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State Authorization OCICU

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  1. State Authorization OCICU Russ Poulin, Deputy Director Megan Raymond, Manager, Events and Programs March 2, 2012

  2. Today’s Agenda • WCET • The Federal Regulation • State Regulation • Reciprocity Agreement(s) • Student Complaint Process • What Should You Do? • QUESTIONS?

  3. 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

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

  5. The Federal Regulation: Chapter 34, § 600.9(c) “If an institution is offering postsecondary education through distance or correspondence education in a State in which it is not physically located, 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 upon request from the Department that it has such State approval.” e-CFR: http://tinyurl.com/47vxesx

  6. The Federal Regulation: Timeline “…the Department will not initiate any action to establish repayment liabilities or limit student eligibility for distance education activities undertaken before July 1,2014, so long as the institution is making good faith efforts to identify and obtain necessary State authorizations before that date.” http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf

  7. The Federal Regulation: “Good Faith” Efforts “…include any one or more of the following items: • Documentation that an institution is developing a distance education management process for tracking students' place of residence when engaged in distance education. • Documentation that an institution has contacted a State directly to discuss programs the institution is providing to students in that State to determine whether authorization is needed.” http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf

  8. The Federal Regulation: “Good Faith” Efforts (continued) • An application to a State, even if it is not yet approved. • Documentation from a State that an “application is pending.” http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf

  9. The Federal Regulation: “Good Faith” Efforts (continued) “Take the next step.” http://morguefile.com/archive/display/219233

  10. The Federal Regulation: APSCU Lawsuit On July 12, the District Court of the District of Columbia ruled: "The Court will vacate 34 C.F.R. § 600.9(c).” Appeal will be heard on February 21. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2011cv0138-28, p. 35-39 Photo: http://morguefile.com/archive/display/47686

  11. Megan Raymond, Manager, Events and Programsmraymond@wiche.edu

  12. The State Regulations The states’ regulations predated the federal regulation and remain in effect. They expect you to comply prior to serving students in each state. Photo: http://morguefile.com/archive/display/202563

  13. The State Regulations State Higher Education Executive Officers’ Lists http://www.sheeo.org/stateauth/stateauth-home.htm -State Reg. Offices -State Laws & Regulations -Complaint Processes -Coming: Trigger Matrix Photo: http://morguefile.com/archive/display/202563

  14. Reciprocity Agreement(s) Presidents’ Forum/Council of State Governments http://presidentsforum.excelsior.edu/projects/multi-state-reciprocity.html • Developing model compact. • Institution approved in “home” state. • Approval recognized in partner states. Regional Compacts (WICHE, SREB, MHEC, NEBHE) getting involved. • What about your state?

  15. Student Complaint Processes§ 668.43 (b) Institutional Information “The institution must make available for review to any enrolled or prospective student upon request, a copy of the documents describing the institution's accreditation and its State, Federal, or tribal approval or licensing…”

  16. Student Complaint Processes§ 668.43 (b) Institutional Information “The institution must also provide its students or prospective students with contact information for filing complaints with its accreditor and with its State approval or licensing entity and any other relevant State official or agency that would appropriately handle a student's complaint.” Effective date: July 1, 2011 e-CFR: http://tinyurl.com/7zqhdkn

  17. What Should You Do? • Do you know where your students are? • Research regulations and costs. http://wcet.wiche.edu/connect/state-approval http://wcetblog.wordpress.com/ • Inform your leadership. • What are others on your campus doing in other states? • Be strategic in seeking approvals.

  18. What Should You Do? • Have your institution join WCET’s State Authorization Network…details coming soon. • Institutions should work together. • Keep up with the latest news. • Ask questions of others going through the same processes. OCICU is a State Authorization Network member.

  19. QUESTIONS???? Russ Poulinrpoulin@wiche.edu Megan Raymond mraymond@wiche.edu http://wcet.wiche.edu/connect/state-approval

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