Email
Facebook
LinkedIn
Twitter
Digg
Google
-
- The Power of SUNY
- Chancellor Nancy L. Zimpher
- Mission Statement
- Fast Facts
- Our History
- Our Campuses >
- Board of Trustees
- System Administration
>
- Senior Staff
- Offices
- State University Plaza >
- Shared Governance >
-
-
-
-
-
-
-
-
State ResponsesDirection: Each campus must submit an exemption request along with a $100 application fee. The link to the appropriate form is in the text below. Text of Message Received: June 8, 2010 Dear Provost and Senior Vice Chancellor Lavallee: This is to acknowledge receipt of your of inquiry relative to Alaska institutional authorization requirements. As an institution delivering distance education instruction, potentially to Alaska residents, you are seeking clarification to assure compliance with Alaska law. Out-of-state institutions with no physical presence in Alaska, as described below are required to apply for exemption from authorization to operate a postsecondary institution in Alaska. To do so, complete and submit the Application for Exemption from Authorization form which can be found at the following link: http://akadvantage.alaska.gov/Portals/0/00ExemptApp.pdf. Please be advised it will be necessary for each institution within the State University system to apply individually for Exemption from Authorization and submit the $100 application fee. Please note that an online or distance education program exempt from authorization requirements is required to include a conspicuous statement on all advertising in Alaska media, or communications specifically targeting Alaska students, indicating that the program is exempt from authorization as an online or distance delivered program and does not have a physical presence in the state. Physical presence means presence of facility, equipment, faculty or staff within the state. Finally, it is an institution’s responsibility to ensure it is fully aware of all applicable Alaska statutes and regulations and any associated compliance requirements relative to exemption from authorization. Should there be any additional questions, please feel free to reach me by phone at (907) 465-6741 or by e-mail at joanne.hayden@alaska.gov. Sincerely, Jo Anne Hayden
Direction: No Action required if no physical presence as define below. Text of Message Received: June 9, 2011 David Lavallee RE: Higher Education Act Program Integrity Issues and State Authorization §600.9
The Commission is in receipt of your email correspondence dated June 8, 2011 regarding
Sincerely, Direction: Each campus must submit a Letter of Notification/Intent (Form 1) as well as program proposals. The process may take between 3-9 months. Links are provided in the text below. Text of Message Received: From: Zanette Douglas [Zanette.Douglas@adhe.edu] The Arkansas Department of Higher Education (ADHE) has received your request for information regarding advertising, recruiting, and Arkansas Rules and Regulations on offering courses and degrees to Arkansas residents online or through distance technology. Before any course or degree can be offered to Arkansas residents it must first be certified by the Arkansas Higher Education Coordinating Board (AHECB), regardless of the institution’s physical presence in Arkansas. The AHECB meets quarterly to certify programs. You must first submit a Letter of Notification/Intent (Form 1) and then submit the program proposals on the forms found on the ADHE website. The proposal review process may take 3-9 months from the time of proposal submission depending on the number of programs. Nursing, education, counseling, and other licensure degrees go to the appropriate state agency for additional review. Please indicate the number of Arkansas residents you have enrolled for Spring 2011, the degree titles, number of credit hours for each degree program, and the expected degree completion date for each Arkansas student. The Institutional Certification Advisory Committees Rules and Regulations and forms can be found at: http://www.adhe.edu/divisions/academicaffairs/Pages/aa_certification.aspx The 2011 proposal submission dates are below. Please contact me with any questions. Zanette Deadline dates for Letters of Notification/Letters of Intent December 15, 2010, for submission to the February 4, 2011 AHECB meeting March 1, 2011, for submission to the April 15, 2011 AHECB meeting June 1, 2011, for submission to the July 29, 2011 AHECB meeting September 1, 2011, for submission to the October 28, 2011 AHECB meeting December 1, 2011, for submission to the January 2012 AHECB meeting
Deadline dates for new program proposals October 15, 2010 for submission to the February 4, 2011 AHECB meeting January 15, 2011 for submission to the April 15, 2011 AHECB meeting April 15, 2011 for submission to the July 29, 2011 AHECB meeting July 15, 2011 for submission to the October 28, 2011 AHECB meeting October 15, 2011 for submission to the January 2012 AHECB meeting
Institutional Certification Advisory Committee (ICAC) Meetings Meetings held at the Arkansas Department of Higher Education, Little Rock, or by Phone Conference January 5, 2011 March 15, 2011 June 29, 2011 September 28, 2011
Arkansas Higher Education Coordinating Board (AHECB) Meetings February 4, 2011 Cooperative Extension Service Little Rock
April 15, 2011 Arkansas State University Mountain Home
AZ Direction: No Action required if no physical presence as define below. Text of Message Received: From: Keith Blanchard [Keith.Blanchard@azppse.gov] Mr. Lavallee, The Arizona State Board would not require licensure of distance education programs as long as there will be no physical presence in Arizona, as defined by A.R.S. § 32-3001(5). The Board defines physical presence as the use of any Arizona address, Arizona phone numbers, contact information of anyone listing an Arizona address or program offerings in Arizona. Based on the information you provided, the operation of the institutions under Suny System would not require licensure by this Board. Persons who are not operating private postsecondary programs under the Board’s jurisdiction are not required by law to obtain a statement of exemption or waiver from the Board. Similarly, the Board is not required to issue statements of exemption or waiver. We appreciate your attention to Arizona licensure requirements. Sincerely,
CA Direction: Text of Message Received:
Direction: No action needed if no physical presence, see definition below. Text of Message Received: From: Delange, Heather [heather.delange@dhe.state.co.us] Dear Dr. Lavallee, Thank you for your email and your assessment is correct. Under current policy, institutions must have a physical presence in the state to qualify for state authorization. The definition of physical presence under this policy is a main campus or headquarters, a branch campus, or a place of business as determined by the Department (CCHE policy, Section I, Part J). I have attached a statement that summarizes the regulations for both the degree-granting institutions and the private occupational schools wishing to operate in Colorado. Colorado has no authorization process for pure online delivery instruction. Out of state public institutions are handled in the same manner as private institutions. Please note that the regulations for the degree-granting schools are under review and will likely change in the near future. Our recommendation to you is to check back with this office periodically to ensure compliance with the state authorization regulations. I am hoping to have the revised regulations approved by early fall. I imagine there will be a new authorization and process for institutions offering 100% online education to citizens of our state. Please let me know if you have further questions after reading the summary. I hope this helps. All the best, Heather _______________________________ Heather DeLange
Direction: no action at the present time Text of Message Received: Dr. David Lavallee Dear Dr. Lavallee: In response to your institution's inquiry about offering online programming to residents in the State of Connecticut, the Connecticut Department ofHigher Education is providing you with sections 10a-34-23 and 10a-34-24 of the Connecticut Regulations for Licensure and Accreditation of Institutions and Programs of Higher Education. Fmiher infmmation may be found on the following website: http://www.ctdhc.org/Rcgs/dcfault.htm. (a) All credit instmction shall be consistent with the overall purposes and objectives ofthe offering institution. (a) Eligibility. Any institution with a physical presence in the state shall be subject to the requirements of the Regulations of Connecticut State Agencies. To be eligible for licensure to operate a program in Connecticut, an institution chartered or incorporated in another state must be fully accredited by a nationally recognized regional accrediting association and legally authorized to operate as an instihttion ofhigher learning and confer degrees in its home state. If you have any questions, please contact the Department of Higher Education at (860) 947-1822. Sincerely,
Direction: Text of Message Received:
Direction: No action needed if online only (no classrom or office in DE.) Text of Message Received: -----Original Message----- From: Barton Wayne [mailto:wbarton@DOE.K12.DE.US] If your institution is not incorporated in Delaware and does not have a physical presence (offices or classroom) in Delaware, we do not require DOE approval. Just notify us if a Delaware student is receiving federal financial aid. Wayne A. Barton, Ed. D.
Direction: Text of Message Received:
Direction: The Provost’s office is coordinating a response for the SUNY System. Text of Message Received:
Direction: No action needed. Text of Message Received: From: Jeffrey.E.Brunton@dcca.hawaii.gov
The State of Hawaii does not endorse, license, approve or register post-secondary educational institutions. You may read more about our laws online at http://hawaii.gov/dcca/ocp/udgi/regulation.
IA includes attachment Direction: No action needed if no programmatic or operational presence in Iowa. See definitions below. Carey, thank you for your inquiry. We established a policy to implement a provision of Iowa Code Section 261.B.3 that requires us to register (i.e., authorize, per the U.S. Department of Education's terminology) schools that offer a course of instruction in Iowa, including through distance education. This policy requires requires schools offering distance education programs in Iowa to register with us if the school has a programmatic or operational “presence” in Iowa. Programmatic: the school’s otherwise distance education program has a component that must be fulfilled at a physical location in Iowa (a practicum, internship, lab, externship). Operational: examples include having representatives in Iowa to promote the school’s online programs, housing servers in Iowa that are used to facilitate online delivery methods, or (most common) employing Iowa residents as instructors or adjunct faculty in the school’s online programs (and who work from the school from their home or other Iowa location). Exemptions from registration that are listed in Iowa Code are almost exclusively applicable to Iowa-based schools, with the exception of religious institutions (under conditions that are more restrictive than the federal exemption) and a school that offers only nondegree specialty vocational training programs. There are no exemptions in Iowa Code for out-of-state institutions based on sector, accreditation, military, or length of time in existence. In addition, we cannot accept a single registration application for all schools in a state university system. Not all schools in your system may be required to register with us, as I explained above, but for those that must do so, each school must apply separately and will be assessed a separate registration fee. Please provide feedback about each school’s intended activities in Iowa as it relates to our policy for distance education providers, above. If I determine that any one of the state’s schools must register in Iowa, I will provide a registration application and additional information at that time. FYI -- We collect a $4000 registration fee from each registered school at the time our board of Commissioners approves the registration applicant’s request and before we issue a formal registration approval acknowledgement. There is no application fee at this time. The registration application review process is a desk audit. Registration applicants must be referred to our board of Commissioners for action within 6 months of receipt of an application. The registration term is 4 years, and the registration fee of $4000 applies to that 4-year registration term. We have a completely independent provision of Iowa’s student consumer protection law that requires certain schools to also file evidence of financial responsibility with us (most notably, obtain a corporate surety bond payable to the State of Iowa). As public institutions, I believe that you are exempt from this requirement. I’ve attached another application that you should use to formally request and document your exemption (file labeled “Postsecondary Registration 714…”). I will accept a single application for exemption from the separate financial responsibility requirement of Iowa law on behalf of all SUNY institutions. Please understand that this does not exempt any one of the SUNY schools from registering with us (i.e., seeking authorization) if the school’s programs or operations invoke the registration requirement as I explained above. You will need to complete page 11, the top of page 12 (items #3 and #4), and sign on page 13 of the application. On the top of page #12, under item #3, you will want to check box #1 for “colleges or universities authorized by the laws of Iowa or any other state or foreign country to grant degrees.” Then please include as an attachment a copy of the specific language of New York law that establishes (or otherwise acknowledges) that each school is a public degree-granting institution of the state. This application can be sent back separately, reviewed and addressed separately, from the registration issue. It is not necessary, despite the application instructions, to send it back in both paper and electronic format. Use whatever single format is most convenient for you, including as an electronic attachment to an e-mail. My complete, correct contact information is below. Please let me know if you have questions. J. Carolyn Small
Direction: No action required if no physical presence. Text of Message Received: Assistant Provost Linnea LoPresti (518)320-1452 ... or June 8, 2011 letter (via email re Ms. Morris) Dear Ms. LoPresti & Stagg, "Linnea & Andrea" ... because your initial was so thorough I took a minute to provide a note as immediate response... As you can imagine, we're getting a large volume of requests to clarify our state's registration rules. To be fair, we're responding to them in date-received order, now about 4-5 weeks behind. Registration details/forms are posted on our web pages at www.boardofed.idaho.gov. Look for either PrivateColleges & Universities (degree-granting) or Private Proprietary Schools (non-degree trade/career schools). At a recent conference of State Reps & USDE Officials (Denver, CO in early May) the Feds acknowledged the tremendous backlog of requests in all states,and that they are well aware it won't all be cleared up by July 1st! Referring to their Dear Colleague Letter: GEN 11-11, dated April 20, 2011, (para 5 on Page 2) "Clarification of Enforcement," With regard to the State authorization provisions at 34 C.P.R. § 600.9(c), 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. ... I believe your recent contact with this office is that "good faith effort." *** In the meantime, be advised that Idaho will have a formal student complaint process in place by July 1st. -- Generally, 1) if supervisors are compensated in any way ... or 2) have any formal student evaluation responsibilities ... it constitutes presence of agents in the state and requires registration. Please call/email anytime if you have more questions: That's what we're here for. If I'm not immediately available, please contact my Admin Assistant, Ms. Caryl Smith at 208-332-1576, caryl.smith@osbe.idaho.gov. Thank You in advance for your patience. Sincerely, "Harv"
Direction: Text of Message Received: Direction: A letter was sent from the Provost to the Director of Accreditation and Regulatory Compliance stating that all of our campuses are publicly funded. Text of Message Received: The Director of Accreditation and Regulatory Compliance called and told us to send a letter stating we were publicly funded.
Direction: Campus should complete the questionnaire. Text of Message Received: From: Geier, Katharine [kgeier@ksbor.org] June 8, 2011 Dear Ms. LoPresti: Thank you for contacting the Kansas Board of Regents enquiring what State University of New York needs to do to comply with Kansas statutes so it can offer programs to Kansas residents. So we can accurately answer your question, we will need more information. We ask that you please review and complete our attached questionnaire, and return it to us. After we receive your completed questionnaire, we can then determine if State University of New York will need to fill out an application for a Certificate of Approval so it can operate in the state of Kansas. The following link will direct you to the Kansas Private/Out-of-State Postsecondary statutes and regulations, http://www.kansasregents.org/statutes_and_regulations. Thank you for your enquiry and we look forward to hearing from you. Best regards,
Direction: Campus should send a letter certifying that is does not operate or solicit in KY. See definitions of "operating and soliciting" below. Text of Message Received: In response to Provost David Lavallee's message dated June 8, 2011, the application for initial licensure can be found online: (a) An instructional or administrative site within Kentucky whether owned, leased, rented, or provided without charge; If the institution will not be engaging in any of the “operating or soliciting” activities above (a-e), then please certify that in a letter to Ms. Sarah Levy’s attention for CPE’s review to determine if licensure is required or not.
Direction: Annual registration required. Text of Message Received: From: Nancy Beall [Nancy.Beall@REGENTS.LA.GOV] Mr. Lavallee: Your email has been forwarded to me for response. We are unable to provide a blanket exemption. Also, I would like to mention that the Board of Regents licensed University of Buffalo (a SUNY institution) in May. Please review the attached document. After review, if you feel your institution should be licensed you can find the application on our website at: www.regents.state.la.us under Planning, Research and Performance, license application (new institutions). Please let me know if you have any questions and if you will be seeking licensure. Sincerely, -----------------Attached Document Text----------------------- LOUISIANA BOARD OF REGENTS Louisiana Revised Statute 17:1808 (LRS 17:1808) requires all academic degree-granting institutions operating in the State of Louisiana to register with the Board of Regents and be licensed unless otherwise exempt. Exemption from licensure is restricted to those institutions named in law and religious institutions that grant religious degrees exclusively. The degrees must be religious in nature by title and content. The Board of Regents has adopted rules and regulations for the administration of RS 17:1808. For institutions domiciled in Louisiana, the term operating applies to the offering of courses and programs through any modality. For institutions domiciled outside Louisiana, the term operate shall mean the offering of courses that are physically delivered in the state of Louisiana and/or require clinical experiences in the state of Louisiana. The term clinical experiences shall mean site-based learning activities (e.g. clinical, internships, student teaching, practicum, field-based experiences, etc.) in settings (e.g. hospitals, schools, businesses, etc.) in which candidates are working with patients, children, teachers, principals, etc. in Louisiana and are observed/assisted/evaluated by supervisors, preceptors, coaches, teachers, principals, or other individuals to determine that course and program requirements have been addressed.
MA Direction: Campus must originate response Text of Message Received: From: Bell, Claudia (RGT) [CBell@bhe.mass.edu] Good Morning Ms. Hatch, The following information should be helpful in assessing the need for the institutions of the State University of New York to seek degree granting approval in MA. Please be advised that the Massachusetts Department of Higher Education reviews/approves individual institutions and does not review/approve systems, districts, or unions. The Massachusetts Degree Granting Regulations for Independent Institutions of Higher Education (610 CMR 2.00) http://www.mass.edu/forinstitutions/academic/documents/610CMR.pdf shall apply and shall be limited to the following situations: (1) Certificates of organization referred to the Board by the Secretary of State proposing incorporation of a college, junior college, university, or other educational institution with power to grant degrees; The Board of Higher Education’s general policy is to require an institution to be licensed if an education institution chartered, incorporated, or organized in another state, conducts within the Commonwealth any courses available to residents of the Commonwealth leading to the award of a degree. Please note that the Commonwealth regulations governing out of state institutions do not include provisions or clauses related to “grandfathering” students currently in non-approved programs, minimum requirements regarding the number of students enrolled in specific out of state programs, nor exemptions based on specialized training or types of institution. Any answers on the need to be licensed would be specific to the actual situation and would be formulated after a staff review of the actual in place constellation of facts at the time of such review. The answer depends to a great deal on how Massachusetts consumers are affected e.g., would the institution target Massachusetts residents in a systematic and continuous way as part of an overall effort to serve the education market in Massachusetts? Is the Institution trying to reach into another jurisdiction? What is the specific degree of interactivity? In order for the MA Dept of Higher Education to more fully respond to your request for information, please provide greater detail about the college/university’s programs and the services being offered. Also, it would be helpful to indicate if there are internship, externship, clinical, mentorship, or shadowing experiences required as part of the online curriculum. Best regards,
MD Direction: Text of Message Received:
Direction: Campus should respons to the online survey below. Text of Message Received: From: Rancourt, Donna [Donna.Rancourt@maine.gov] Dear Ms. Hatch, This is to acknowledge receipt of your recent inquiry regarding the need for licensure or program approval to offer on-line instruction to citizens in the State of Maine. If your institution currently provides, or plans to provide, online instructional services with no physical presence within the boundaries of this State, please link to, respond to and return the following online survey. The survey introductory clarifications, along with your responses, will serve to demonstrate your institution’s compliance with recent federal regulations concerning the delivery of online services in the State of Maine. http://www.surveymonkey.com/s/ospnf Harry W. Osgood
Direction: No Action needed for public institutions. Text of Message Received: Establishing a Non-Public Postsecondary Educational Institution in MichiganRevised February 2011 All Non–Public Postsecondary Educational Institutions that would like to conduct educational programs that are post-high school in nature must be approved by the State under Michigan statutes to operate a college or a postsecondary institution before it opens. This includes individuals, corporations, and non-incorporated bodies regardless if they are for-profit or non-profit entities. The following options are available to operate as a postsecondary institution: 1) Non-Incorporated Private Educational Institution (Institute): To offer an educational program and grant degrees, you may apply for approval as a Non-Incorporated Private Educational Institution under Public Act 142 of 1964. Non-Incorporated Private Educational Institutions are not required to be education corporations. The proposed institution must submit a written proposal that demonstrates adequacy of resources in the following areas:
As a Non-Incorporated Private Education Institution, the institution would be able to grant diplomas, certificates, and degrees. Use of the word, “college or university” however, is not permitted under Section 171 of the General Corporation Act. Regional or national accreditation from a United States Department of Education recognized accrediting body is a prerequisite for consideration of approval. 2) Educational Corporation (Private College or University): If the organization desires to be incorporated and offer degrees as a Private College or University, they must organize as an Educational Corporation under Public Act 321 of 1937 as amended, the General Corporation Act or receive approval as Foreign Corporation (out of state institution) under Act 284 of 1972, which provides the authority to conduct business in Michigan. The proposed Private College or University must demonstrate it meets the five areas of adequacy required under Section 170-177 of the General Corporation Act. The proposed institution must submit a written proposal that addresses each of the five areas of adequacy which include:
An Educational Corporation may grant diplomas, certificates, and degrees. Use of the word, “college, or university” is permitted under the conditions found in the General Corporation Act. Regional or national accreditation from a United States Department of Education recognized accrediting body is a prerequisite for consideration of approval. 3) Trade Schools, Business Schools, and InstitutesCareer focused schools may organize instruction under The Proprietary Schools Act (PA 148 of 1943 as amended) and may be incorporated as a for- profit or non- profit corporation or unincorporated. The school must adequately complete a new school permit application. The application addresses the criteria in the Act regarding the method and content of the advertising, the standards and the methods of instruction, the personnel, and the operating and instructional practices of the school. An on-site inspection is conducted to verify the findings in the application. After one successful year of operation, a license must be annually renewed. The use of the term “college or university” cannot be used nor can degrees be granted under this organizational structure. The organization would be able to grant certificates of participation and completion and/or diplomas to students. See www.michiganps.net for more information. There is a one-time application fee and an annual renewal fee to be licensed. ADDITIONAL CONSIDERATIONS 1) Religious Entities A Church, organized as an Ecclesiastic Corporation, for the purpose of teaching its religious beliefs and principles may not operate as a college offering a program of study beyond secondary education. Section 171 of the General Corporation Act does not permit a Church to use the word, "college, or university " and grant degrees without forming an educational corporation. However, an Ecclesiastic Corporation may operate a postsecondary institution and charge fees for the purpose of teaching its religious beliefs and principles by applying for a license under Proprietary Schools Act (PA 148 of 1943) and grant diplomas. 2) Distance Education Approval or licensure by the State of Michigan is not required to provide online instruction to Michigan residents unless the school has a physical presence in the state. Physical presence does not include conducting courses such as internships, clinicals, practicum’s, etc. An institution having faculty working from the state requires approval if the institution wishes to incorporate or file a certificate of authority to operate. 3) Advertising and Recruitment Advertising is allowed without approval or licensure. Student recruiters that work in the state must be registered unless the institution is authorized to award bachelor degrees or higher by its home state. 4) Public Institutions Public Universities, Community Colleges and Technical Colleges are not required to seek approval or licensure to operate, advertise, recruit or employ faculty within the state. 5) Operating Without State Approval The Authentic Credentials in Education Act, PA 100 of 2005 prohibits schools from providing degrees, diplomas or other credentials unless authorized by the State. A person damaged by violation of this act may bring a civil action to recover damages of at least $100,000.00. A proprietary school that violates PA 148 and has its license revoked, or that operates in this state without a license, is guilty of a misdemeanor punishable by a fine of not more than $10,000.00, or imprisonment for not more than 1 year, or both. Further Questions Direction: A school must be registered if it grants a degree to a student in Minnesota where the student has not left Minnesota for the major portion of the program or course leading to the degree. Registration fees per degree and an annual registration fee is required. Individual campuses should initiate the authorization process in MN if admitting students from this state. June 9, 2011 Yours truly,
Direction:
Text of Message Received Direction: If online only, no action needed. Text of Message Received: June 9, 2011 The Mississippi Commission on College Accreditation (Commission or MCCA) is the approval authority for academic degree-granting postsecondary institutions domiciled, incorporated, or otherwise located in Mississippi (www.mississippi.edu/mcca/). We are reviewing the USDE regulatory changes in relation to Mississippi; however, currently, the Commission does not regulate academic degree-granting institutions that are located outside Mississippi that offer academic courses and/or programs solely online. Accordingly, if the State University of New York (SUNY) only offers online academic courses and/or programs from its New York location(s) and is not domiciled, incorporated, or otherwise located in Mississippi, MCCA authorization is not currently required. While the State University of New York (SUNY) does not currently appear to require MCCA authorization, we nonetheless encourage you to revisit the state requirements inquiry with our office on an annual basis to verify that MCCA approval is not needed. As USDE regulatory changes are implemented in the coming months, we anticipate that various questions relating to authorization of distance courses and programs will be addressed in more detail and amendments to our current standards and regulations could become necessary to comply with federal guidelines. Menia Dykes, MPPA Direction:Exempt. No action needed. Text of Message Received: From: Sylvia A. Moore, PhD, RD 26 July 2011 Dear Vice Chancellor Lavallee, Thank you for your recent submittal to Dr. Thomas Gibson of documentation establishing that the 64 institutions of the State University of New York (SUNY) are currently accredited by the Middle States Association of Colleges and Schools Commission on Higher Educationa . This submittal satisfies the requirements of Montana Code annotated § 20-25-107 and Board of Regents Policy §320.1, which regulate the award of degrees by educational institutions. Therefore, this letter serves as State Authorization which allows for the delivery of online academic programs by any and all of the SUNY campuses, to students residing in Montana. As you were previously informed, there are also requirements set forth under Title 35 of the Montana Code Annotated for out-of-state businesses transacting business in Montana to register with the Montana Secretary of State’s Office. Information on these requirements can be found at:http://sos.mt.gov/Business/Forms/index.asp. However, as a group of 64 public institutions, the SUNY campuses are exempt from having to also meet the business requirements of State Authorization in Montana by filing with the Montana Secretary of State. Thank you for notifying us of your intent to offer online academic programs in Montana. Please do not hesitate to contact my office with any questions or concerns. Regards, Sylvia A. Moore, PhD, RD
Direction: If online only, no action needed. Text of Message Received: Thank you for contacting our office. To ensure quality education, the North Carolina General Assembly has delegated the authority to license post-secondary degree activity in North Carolina (creditable to an associate, bachelor, master’s, or doctoral degree) to the Board of Governors of the University of North Carolina. Institutions offering diploma and/or certificate programs are licensed separately by the North Carolina State Board of Community Colleges. The UNC Board of Governors has adopted Rules and Standards which define post-secondary degree activity to include conduct with respect to either a complete post-secondary degree program, or any study or experience or testing represented as creditable toward a post-secondary degree. Section III of the Rules and Standards specifically provide that an institution undertakes post-secondary degree activity in this State when it commences the activity by: a. Use of employees or agents within North Carolina; or Exemptions from licensure for certain religious education and post-secondary degree activity within the military are addressed in Section X of the Rules and Standards. For illustration purposes, the Board of Governors has made the following determinations in the past regarding online post-secondary degree activity: • Activities which require licensure: practicums, clinical experiences, and student teaching. These determinations are subject to change depending upon specific factual circumstances or changes in the law or interpretations of the law. In determining whether to seek licensure, the following resources are available online: UNC General Administration Licensure Web site,
Direction: Campus must submit CTE Exemption Request form Text of Message Received: May 31, 2011 Dear College Administrator: North Dakota law contains twelve exemptions from regulation for institutions that wish to operate in the state. With the passage of HB 1092, there will be thirteen. The existing twelve exemptions can be reviewed, here: ND Century Code. The newest exemption, which will go into effect August 1, 2011, is as follows: “Institutions whose only physical presence in this state consists of students enrolled in practicums, internships, clinicals, or student teaching in this state.” The board’s rules state: “Postsecondary educational institutions claiming to be exempt under North Dakota Century Code 15-20.4-02 shall provide to the board, in writing, sufficient information supporting the exemption.” Distance education institutions seeking an exemption from regulation, click here for the appropriate form: CTE Exemption Request. For all other institutions seeking an exemption from regulation, please send a letter of request citing the exemption(s) being claimed (NDCC 15-20.4-02) and a detailed rationale supporting the request in light of proposed operations in the state. Address your request to: For institutions that do not qualify for an exemption, application instructions and information can be found here: ND Private Postsecondary Institutions. North Dakota’s licensing boards (e.g., Board of Nursing, Educational Standards and Practices Board) may also have applicable programmatic requirements. You may access information on North Dakota’s Boards and Commissions, here: ND Boards and Commissions. Please be advised that the State Board for Career and Technical Education does not have the authority to provide a complaint procedure for institutions it has not authorized to operate in North Dakota. Contact information for The North Dakota Office of the Attorney General, Consumer Protection and Antitrust Division, is as follows: Office of Attorney General
Direction: If Online only, no action needed. See physical presence definition below. Text of Message Received: From: Fimple, Kathleen [mailto:Kathleen.Fimple@nebraska.gov] In Nebraska, you do not need approval to offer courses or programs that are entirely online with no physical presence in the state (see definition below). If you would like to send me an email or letter outlining your offerings in Nebraska or verifying that you have no physical presence, I will reply with an email letter stating that you don’t need approval (if that is in fact the case). We’ve developed a semi-form letter (it will state the name of your institution and address) to accommodate the new Title IV regulations and provide institutions a document for their files. In Nebraska establishing a physical presence means: Offering a course for college credit or a degree program in this state that leads to an associate, baccalaureate, graduate, or professional degree, including: Establishing a physical location in this state where a student may receive synchronous or asynchronous instruction; or or Establishing an administrative office in this state. Physical presence does not include: An educational experience arranged for an individual student, such as a clinical, practicum, residency, or internship. Kathleen L. Fimple, Ph.D.
Direction: If Online only, no action needed. See physical presence definition below. Text of Message Received: From: Patricia Moquin [patricia.moquin@pec.state.nh.us] Good Afternoon Mr. Lavallee, Thank you for your email below regarding New Hampshire’s degree-granting authority. Our physical presence definition exempts institutions with absolutely no physical presence in New Hampshire as follows: “If an educational institution/entity establishes any physical location or place of contact in N.H., e.g., a N.H. telephone exchange or post office box mail drop, or if advising/mentoring or instruction in person is taking place inside the boundaries of the State, then that educational entity is subject to Commission jurisdiction.” For your convenience, I have attached our NH Code of Administrative Rules along with excerpts of Pos 1001 (applicability), Pos 1008 (administrative approval) and Pos 1009 (fee schedule). If your institution only offers online education to New Hampshire residents, but does not otherwise satisfy the physical presence definition, there is no requirement for you to go through an authorization process with our Commission. Internships and/or practicums are not exempt. If your students, online or otherwise, are in the State of New Hampshire for the purpose of completing internships, externships, practicums or clinicals, you need to submit a written request for Administrative Approval (Pos 1008) and a $500 fee (Pos 1009). In addition, I encourage you to check with specific professional licensing boards in the State of New Hampshire as some have an educational requirement (typically understood as an academic residency) of students seeking New Hampshire licensure. Please let us know if you have any further questions. Thank you… Have a great day...
Direction: Text of Message Received:
Direction: Text of Message Received: June 8, 2011 Dear Mr. Lavallee: The New Mexico Higher Education Department (NMHED) has received numerous inquiries pertaining to the federal Program Integrity Rule and how it relates to 34 CFR § 600.9 and state authorization provisions. NMHED has analyzed the PRI implications at the state level and provides the following context and guidelines for your institution. Effective July 1, 2011, and in accordance with the federal rule, NMHED understands that all institutions offering distance education must make a good faith effort to meet state authorization requirements where a student resides. New Mexico statutory authority requires program approval of public out-of-state institutions. NMSA 1978, §21-25-1 - §25-25-5. In order to ensure full compliance with the federal regulation, NMHED is currently reviewing our state approval process to ensure it reflects appropriate oversight and desired outcomes. Therefore, public out-of-state institutions are given a one year waiver from meeting this New Mexico statutory requirement until Tune 30, 2012. We expect to have the approval process posted to our website, as referenced below, by early April 2012. If you have any questions to this regard, please contact Stephanie Ellis via email at Stephanie.Ellis@state.nm.us or phone at 505-476-8442. Sincerely,
Direction: Campus should complete Form 100, below. Text of Message Received: FORM 100 – ONLINE EDUCATION CERTIFICATION Click within the brackets to type information. Mail original copy to address above
UNDER PERJURY OF LAW I HEREBY DECLARE THE ABOVE FIVE STATEMENTS TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AS IT PERTAINS TO THE TRAINING PROVIDER/POSTSECONDARY EDUCATIONAL INSTITUTION IDENTIFIED ABOVE.
_________________________________________________________________________________________ TYPED NAME OF SCHOOL REPRESENTATIVE_________________________________________________________________________________________ SIGNATURE AND DATE SIGNED NOTARY SIGNATURE AND SEAL
Sworn and subscribed to me on this day of ________________________________________________________ _________________________________ __________________________
CPE USE ONLY BELOW THIS LINE Based on the information attested to above, the training provider/postsecondary educational institution described above is not required to be licensed in Nevada by the Commission on Postsecondary Education. Any change to the five statements above automatically rescinds this authorization and the institution must reapply.
_________________________________________________________________________________________ SIGNATURE OF CPE REPRESENTATIVE/DATE
Direction: Text of Message Received:
Direction: Text of Message Received:
Direction: Campus must apply for review and authorization/approval Text of Message Received: From: Jennifer Diallo [Diallo_J@osac.state.or.us] Hello Carey, I am aware of New York’s quality assurance model and have referred to it in discussions recently. So, it may seem redundant, but we do have processes for this type of request. And given that we are pretty buried under the mountain of requests, we are kind of in auto-pilot mode and not really able to vary from the basic process. The good news is that our process is relatively painless and inexpensive. In Oregon, we define purely online programs narrowly, and can only approve such programs after a limited review to determine exempt status. Programs with any practicum, internship, or other experiential learning component are not considered purely online, and we have always required a stand-alone authorization for the practicum component of an otherwise online program. There are specific criteria that we review, which I am confident all SUNY programs would meet, however, we can’t exempt these programs under current Oregon rules. These are two different processes:
I am guessing that our practicum requirements will pose a problem for a system of the scale and scope that SUNY represents. We may need to discuss this once we know how many programs there are, and what kinds of practicum experiences are included? Those that lead to licensure by an Oregon board may have to be individually approved based on preparation for licensure. We can discuss these more once we have more info on your programs. I am hoping to propose some changes in the next year, especially with regard to practicum programs. However, given the time constraints we all face right now, I think the most expedient approach is for you to look at our process and required information and send in a form and fee to request exemption for all your purely online programs (those with no practicum, etc.). Please see our website for all the information, instructions, forms, and fees you will need in relation to this request. If you have any questions, let me know. Thanks, | FAX (541) 687-7414 | jennifer.l.diallo@state.or.us | www.osac.state.or.us Messages to and from this e-mail address may be available to the public under Oregon law
Direction: Campus should complete form, link provided below. Text of Message Received: From: ED, College & Universities [RA-COLLUNIVSEMINFO@state.pa.us] Thank you for your recent inquiry about Pennsylvania's authorization of out-of-state institutions. The Pennsylvania Department of Education is requiring that you complete the attached form. Please submit this form to the Department via e-mail to RA-COLLUNIVSEMINFO@state.pa.us. Questions about this form may be e-mailed to RA-COLLUNIVSEMINFO@state.pa.us. Regards,
Direction: Text of Message Received:
Direction: Text of Message Received: Direction: No action needed. Text of Message Received: There is information on the South Dakota Board of Regents web site here: http://www.sdbor.edu/mediapubs/StateApproval.htm: ========= State Approval Regulations for Distance Education - South Dakota Approval to offer courses, whether online or in person, in South Dakota South Dakota has no system of licensure for institutions seeking to offer postsecondary degree programs or credit-bearing courses. The South Dakota Board of Regents plays no role in supervising private institutions or out-of-state institutions that deliver postsecondary degree programs or credit-bearing courses in South Dakota. The sole legal authority of the South Dakota Board of Regents relates to control of postsecondary institutions funded by the state and to the administration of a small merit-based scholarship program established by the state. See, SDCL §§ 13-49-1 and 13-55-30. Prior to 1996, South Dakota licensed postsecondary institutions operating within the state. Since 2001, the state has relied upon a simple prohibition backed by criminal enforcement. No institution may provide postsecondary credits or degrees “in South Dakota, or while organized under the laws of South Dakota,” unless it is:
As is the case with other prohibitions backed by criminal sanctions, enforcement authority resides with state’s attorneys and the Attorney General. Given the structure and operation of South Dakota law, the Board of Regents is not empowered to provide specific assurance of compliance with South Dakota law. ========== South Dakota Codified Laws (SDCL) can be searched on the Legislature’s web site here: http://legis.state.sd.us/statutes/index.aspx The South Dakota Attorney General’s web site is here: http://atg.sd.gov Paul Paul A. Gough paulg@sdbor.edu (605) 773-3455
Direction: Text of Message Received:
Direction: No action needed if no physical presence. See definition below. Text of Message Received: From: MacGregor M. Stephenson This memo is to inform you that the Texas Higher Education Coordinating Board has approved new distance education regulations regarding Chapter 7 of the Texas Administrative Code: DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS that are now in effect.
The Coordinating Board considers exempt those institutions that are accredited by an accrediting agency recognized by the Board and that have no physical presence as defined in 7.3 (29). Information regarding these new regulations may be found at http://www.thecb.state.tx.us/apps/AAR/TexasDistanceED/ and in Chapter 7 of Board Rules (To find Chapter 7, go to www.thecb.state.tx.us, click on Laws and Rules in left column, click on Current Rules, and scroll down to find Chapter 7). Your institution may also want to consult the Texas Workforce Commission regarding distance education policies for out-state institutions found at http://www.twc.state.tx.us/svcs/propschools/what-is-career-school-college.pdf.
Thank you for your interest and patience as the State of Texas developed and instituted these new regulations in response to the United State Department of Education October 2010 regulations. Direction: Campus should request an exemption certificate. Text of Message Received: From: Elizabeth Blaylock [egaleria@utah.gov] Dear Carey Hatch, I am in receipt of your inquiry regarding registration for the State University of New York in the state of Utah. The Utah legislature recently passed SB 210 in response to the requirements outlined in the federal regulations under 34 CFR 600.9. The Utah law became effective on May 10, 2011. This will be a filing for an accredited institution to obtain and renew a certificate of exemption. Please visit the Division’s website at http://consumerprotection.utah.gov/consumerinfo/schools.html for applications. You may review SB 210 at http://le.utah.gov/~2011/htmdoc/sbillhtm/sb0210s01.htm to determine its applicability to your institution. Please review section 13-34-107.5. The Division cannot provide advisory opinions or legal advice about whether or not a particular accredited school should apply for this exemption certificate. The decision depends in part on the school's status under 34 C.F.R. 600.9, and on whether the school determines the exemption certificate will help maintain federal benefits. If you have any questions, please feel free to contact me. Thanks,
Direction: If online only, no action needed. Text of Message Received: From: Woodley, Linda (SCHEV) [mailto:LindaWoodley@schev.edu] Ms. Morris: Please review the memo above from the SCHEV website that describes Virginia’s requirement of physical presence for certification (authorization) to operate in Virginia. If the SUNY schools do not have physical presence in Virginia, they are ineligible for certification to operate in Virginia. However, this would not prohibit or prevent the schools from offering postsecondary education via distance learning to Virginia residents. Those residents would not enjoy the same consumer protection provisions afforded to students attending certified institutions. This memo should suffice for the documentation required by the Higher Education Reauthorization for Virginia. Linda H. Woodley, M.Ed.
Direction: No Action required if no physical presence as defined below. Text of Message Received: July 26, 2011 Direction: Campus should complete questionnaire Text of Message Received: From: Karen Oelschlager [KarenO@HECB.WA.GOV] Dear Ms. Morris, Ms. LoPresti, Ms. Stagg: Thank you for your email regarding The State University of New York’s offering of its online degree programs to Washington State residents. Due to the U.S. Department of Education regulatory changes for institutions offering Title IV financial aid, we have been receiving hundreds of these inquiries. In Washington State, the Higher Education Coordinating Board has oversight over only those degree-granting institutions considered to operate in the state. In order to determine whether The State University of New York’s educational activities would be considered operation in Washington, please complete the attached questionnaire and fax it to us at . This information will allow us to make a determination as to whether authorization under state regulations would be required for your institution’s educational activities. After we hear from you, we will be in touch via letter or email with a determination as to whether authorization is required. Please be aware that should authorization be required, the application process from the receipt of an application by our agency, could take up to one year. Please also be aware that if The State University of New York offers diploma and/or certificate programs in vocational training, you may wish to contact the Workforce Training and Education Coordinating Board in our state, as the licensing of those types of programs is through that agency. The individual to contact there is Peggy Rudolph, 360-586-8682, prudolph@wtb.wa.gov. Sincerely, Karen Oelschlager Mailing Address via U.S. Postal Service: Mailing Address via other carriers:
Direction: Exempt Text of Message Received: From: Dies, David [David.Dies@eab.state.wi.us] The Educational Approval Board (EAB) appreciates you making inquiry about the requirements for offering distance learning programs to Wisconsin residents. Under s.38.50 (1)(e) 2., Wis. Stats., “[s]chools that are supported mainly by taxes” are exempt from EAB oversight. Because the exemption is not restricted to public institutions governed by the state of Wisconsin, the EAB has consistently interpreted it to mean any public college or university that is an instrumentality of a state is exempt. Because your institution(s) meets this criterion, it is deemed to be exempt from EAB oversight. Should your institution offer programs in a regulated profession, such as nursing, counseling or teacher training, you are advised to contact those respective oversight bodies (e.g., the Department of Regulation and Licensing or the Department of Public Instruction) about requirements specific to those programs. David Dies
Direction: Text of Message Received:
Direction: Campus should register Text of Message Received: From: Samantha Mills [smills@educ.state.wy.us] To Whom it May Concern: Thank you for your letter regarding the recently passed legislation. Wyoming requires that institutions that are offering educational services or employment in the State of Wyoming be registered prior to so doing. The governing statutes, rules and regulations may be found at the following URL: http://edu.wyoming.gov/Programs/schools/private_school_licensing.aspx ; Specifically, W.S. 21-2-401 et. seq., and Wyoming Department of Education Rules and Regulations Chapter 30 govern this process. You may also find the application for registration at the above-mentioned URL. The licensure period begins on July 1st and ends on June 30th annually. There is a one-page application and an one hundred ($100) application fee due each year. Private School is defined as any school that is NOT a Wyoming public institution. Should you have any further questions or concerns, please feel free to contact me and I will be happy to assist. My e-mail address is smills@educ.state.wy.us and my direct phone number is . Please note that my e-mail address will be changed to Samantha.mills@wyo.gov after June 20, 2011. Samantha Mills
| ||||||||||||||||||||||||||||||||||
