The Problem
States have always expected institutions to follow their laws and regulations when serving students within their borders. In October 2010, the U.S. Department of Education (USDOE) released a ‘state authorization’ regulation, in which the USDOE expects each institution offering distance education courses to demonstrate that it has the proper approval(s) in each state in which it serves students. The federal regulation was 'vacated' by the courts, but we believe that some form of the regulation will return. Meanwhile, the states still expect institutions to obtain authorization before serving students.
Obtaining compliance in each state is difficult because:
- The rules and regulations regarding authorization vary greatly from state to state and are often confusing.
- Deciphering the approval/licensure regulations takes significant analysis for many states. Institutions do not have the staff available to perform all the necessary analyses.
- The state regulations are a moving target. At the time of this writing, at least 18 states were currently considering changes to their laws.
Expecting each institution to research, interpret, and act upon the approval and licensure regulations of each state is a highly inefficient use of staff time and misinterpretations could put an institution at risk.
Didn’t This Issue Go Away?
The federal regulation was ‘vacated’ by a court order in 2011 and the ruling was affirmed by the appellate court in 2012. Vacated on purely procedural grounds, the USDOE may reissue the regulation. We are hearing that the Department of Defense will implement a similar rule for institutions serving military personnel. Meanwhile, states still expect institutions to follow their laws.
What about Reciprocity?
The ultimate solution is reciprocity. The State Authorization Network has helped to support WCET’s work in forging a reciprocal agreement. Given the requirements for implementing a reciprocity agreement, institutions probably will not see help from reciprocity until summer of 2014 at the earliest.
The Solution
Working collaboratively, institutions can navigate the state regulations processes more efficiently than working on their own. Some systems and consortia centralize the task of understanding federal and state regulations and determining how member institutions should respond. WCET’s State Authorization Network assists the ‘Coordinators’ from each member system, consortium, or institution. WCET provides training on the regulations, access to experts, strategies on how to proceed, and networking among participants so that they can share what they learn when exploring each state’s regulations.
Activities and Benefits for Year 3
State Authorization Network (SAN) member systems, consortia, or individual institutions will each appoint two SAN Coordinators. While others employed by the SAN member may participate in selected activities (see the next list), the following activities are reserved solely for the Coordinators:
- Monthly Calls. Monthly phone calls with updates (federal regulations, state regulations, and reciprocity), guests (providing insight on regulations or practical advice on compliance), and responses to questions posed by the Coordinators or other SAN members.
- Coordinators' Email List. Coordinator email list for questions and announcements between meetings.
- Face-to-face Meetings. We will hold two face-to-face meetings:
- A three-quarter day meeting to be held on April 21 just prior to the NASASPS (state regulator) meeting in Sacramento, CA. The focus will be on sharing effective compliance techniques and networking with state regulators. One participant from each SAN member will receive free registration to the SAN meeting. Due to the interactive nature of this meeting, there will be no virtual option, but extensive notes on outcomes will be shared with all.
- A half-day update session at the WCET Annual Meeting in Denver, CO on November 13-15, 2013. An audio or web link will also be available.
- Discussions with Regulators. Hold web or phone sessions with regulators from states, as needed. Last year, representatives from the Maryland regulatory office were very helpful in clarifying changes to their rules.
- Research Reports. Identify and create needed research, reports, or listings to aid members. SAN has also provided advice and support to SHEEO's state-by-state list of authorization regulations. For Year 3, SAN members have requested that SAN develop additional information on each state's regulations regarding non-credit activities.
- State Advocacy. New for Year 3 will be working with specific states to better understand their regulations and to suggest possible improvements to their regulations.
- Reciprocity Advice. Once the reciprocal agreement is created, provide advice on strategies for getting the agreement approved and implemented in states. Also, advise on steps that institutions should take regarding reciprocity.
For those who are not Coordinators, but are employed by a member system, consortium, or institution, they can participate in the following activities:
- Network Email List. The SAN Network email list is very useful for those responsible for compliance to share information about changes to state regulations or processes and to obtain advice on tactics that others have successfully used in working with a state.
- Training. Webcasts will be held on the following issues and others identified by the Coordinators:
- Authorization 101: An update on the history and status of federal and state regulations.
- Compliance 101: What are the steps and activities that should be taken by someone who is new to state authorization compliance?
- Compliance -- Advanced Issues: For experienced compliance officers, what are the tricks that others use to obtain authorization and to work with other institutional constituents who have a stake in authorization?
Cost
The cost for participating in the State Authorization Network is:
- A system or a consortium: $5,000.
- An individual institution: $5,000.
Additional Details
- This Statement of Work covers the time period of April 1, 2013 – March 31, 2014.
- Systems, consortia, or institutions that are not WCET members also need to be a member of WCET. The system or consortium, itself, must be a WCET member, but not every institution within that system or consortium needs to join WCET.
- List of WCET members: http://wcet.wiche.edu/current-members
- How to join WCET: http://wcet.wiche.edu/contact-us/join-wcet
How to Join SAN and Deadline
The state authorization team of Russ Poulin and Marianne Boeke will be happy to answer any questions. See our contact information below.
There is no application to join SAN. If you wish to join, have the appropriate official send us an email stating that you agree to this Statement of Work. In addition, identify two SAN Coordinators and provide their contact information, including name, title, institution/organization, email address, and phone number. Once we receive your request to join, you will be sent an invoice
The deadline for joining is April 10, 2013.
State Authorization Network Questions and Answers
How will this benefit my institutions?
The Coordinators will receive extensive background on the “state authorization” regulations at both the state and federal levels. A major benefit will be the on-going networking among Coordinators. As they learn about problems in dealing with a state regulatory agency or changes in the state regulations they will quickly share this information with each other. Having Coordinators who are well-versed in the regulations and the latest developments will assist each of your institutions in meeting the State requirements. It will also save the institutions from each having to research and decipher the state regulations on their own.
Is there really any benefit to networking?
Our experience indicates that networking is the greatest benefit. People faced with the same task are provided an opportunity to share and learn from each other. They are speaking the same language and facing the same obstacles. Networking aids in the exchange of ideas and collaborative problem-solving. Institutions will get an early warning about problems they might not have otherwise anticipated.
Does this mean that WCET members will no longer receive information about the ‘State Authorization’ issue?
No, it does not. WCET members will continue to receive timely updates and advice.
“SAN provides timely updates and resources on crucial information as well as a tap into the state authorization ‘world’ that is influential and hard to come by.”
Lanna Dueck
Rio Salado College
“SAN has been extremely helpful. As a public institution, we had to scrape some money together for hiring a temporary person for researching each state process and composing our responses. SAN helped us examine tough issues, gave us ideas from other schools about best practice, and coordinated conversations with people at key agencies or offices. We greatly appreciate the updates on critical topics because we are often too engrossed in our work to realize something new has occurred. Finally, we are very hopeful that the reciprocity initiative will come to fruition. After seeing the drafted documents, it is evident that SAN has represented the interests of many institutions during the project creation process.”
Kelley Brandt
Boise State University
“I appreciate all that you do to keep WCET and specifically SAN members informed and up-to-date on the latest issues concerning State Authorization. It is tremendously helpful as we slowly but steadily reach out to each state for authorization and approval to offer our distance programs.”
Peg O'Brien
Dakota State University
"SAN has been instrumental in raising the awareness of state authorization issues as well as providing a platform for sharing information across the various kinds of institutions. I believe it provides a much needed resource for institutions. The staff is always willing to respond to questions or feedback and they do everything possible to provide up-to-date, accurate information that is vitally important to all types of institutions."
Sharyl Thompson
American College of Education
"Even before November 2010, WCET was invaluable to the North Dakota University System. Since that time, WCET has been critical in providing important information for the North Dakota University System and its eleven institutions. As my office has been able to consolidate and focus issues for the eleven institutions, WCET has served a similar function at the regional and national level. Whenever we are able to share information and knowledge with our colleagues, we all benefit. There is simply not enough time or resources for all of us to do the same tasks. If those tasks are shared and the findings shared, everyone benefits and the process moves more quickly and efficiently. "
Robert L Larson
North Dakota University System Online
Questions and Contact Information
Russ Poulin, 303-541-0305
Marianne Boeke, 303-497-0357
Website with history and updates: https://wcet.wiche.edu/focus-areas/policy-and-regulation/state-authorization
WCET blog with updates and recommendations: https://wcetfrontiers.org/