Topics
Military Students
Distance Education for Military Affiliated Students
State Authorization Requirements
With limited exceptions, institutions are subject to the same state institutional approval requirements for military-affiliated students participating in distance education as they are for other distance education students located in the state.
Institutions should confirm each military-affiliated student’s location to determine whether the institution is approved to offer distance education activities in that state.
If a student is transferred to another state, the institution must determine whether additional state approvals are required before continuing to offer distance education to the student.
SARA Considerations
If the institution participates in SARA and the student is located in a SARA state, the institution may continue to provide distance education under SARA. Institutions should review the SARA Manual for applicable requirements.
Additional Guidance
For student teaching information through the Department of Defense Education Activity (DoDEA), review Student Teaching: General Information.
Review Resources
- State Authorization and Military Students
- Military-Affiliated Students: Managing International Compliance When Duty Calls
- Shaping the Future: Policy, Advocacy, and Impact for Military Learners; webinar, American Council on Education (ACE), June 25, 2025
Department of Defense MOU for Offering Tuition Assistance
Voluntary Education Programs - 32 CFR 68.6 (c)(6)(ii)
The Department of Defense (DoD) Memorandum of Understanding (MOU) requires participating institutions to comply with all state authorization requirements for providing distance education.
Institutions must sign the MOU to participate in the Tuition Assistance Program (TA Program) for active duty military students.
Distance Education - Program Approvals for Veterans Benefits
VA Benefits Program Approval
VA benefits are available to Veterans, service members, and qualified family members for postsecondary education and training. Colleges, universities, and other training providers seeking approval for VA-eligible programs should begin by contacting the State Approving Agency (SAA) where the institution is domiciled.
Relationship to State Authorization
SAA program approval is separate from state institutional approval required by the state higher education agency where the student is located or through reciprocity. School Certifying Officials (SCOs) help military-connected students navigate the process for using VA benefits in face-to-face and distance learning courses.
Military Installations in the United States
State Exemptions
Most states do not provide an exemption for activities that occur on a military installation.
The SAN Paper, State Authorization and Military Students, notes that only a few states expressly exempt institutions operating exclusively on military bases. Institutions should review each state’s exemption carefully because the scope and conditions vary and may change over time.
Military Students Outside of the United States
Country-Specific Authorization
Military students located outside the United States may be subject to the laws of the country where they are located.
SARA does not address institutional approval outside the United States because the reciprocity agreement is a state to state agreement.
Review Resource: Military-Affiliated Students: Managing International Compliance When Duty Calls. Prepared for SAN by Hogan Lovells colleagues Bill Ferreira, Stephanie Gold, and Megan Wilson.
Status of Forces Agreements
A Status of Forces Agreement (SOFA) may allow some institutions to offer programs at an out-of-country military facility in certain countries. A SOFA is an agreement between a host country and a foreign nation with military forces in that country, and its scope may vary by country, activity, or purpose. Institutions should not assume that online education offered by a U.S. postsecondary institution is approved under a SOFA. Instead, they should confirm whether a SOFA applies to postsecondary education generally and to the institution’s specific activities. For background, review Status of Forces Agreement: What is it and who is eligible.
Title IV Considerations
For purposes of Title IV, HEA program funds, effective July 1, 2018, 34 CFR 600.9(d) requires an additional location or branch campus located in a foreign country to be authorized by the appropriate government entity. The comments in the Federal Register/Vol. 81, No. 243/Monday, December 19, 2016/Rules and Regulations regarding 34 CFR 600.9(d) may provide guidance on institutional exemptions for certain activities on military bases.