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SARA Michigan Workshop  on the Midwestern State Authorization Reciprocity Agreement (M-SARA) SARA Michigan Workshop  on the Midwestern State Authorization Reciprocity Agreement (M-SARA)

SARA Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA) - PowerPoint Presentation

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SARA Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA) - PPT Presentation

October 14 2015 Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement MSARA University Club Michigan State University 1 ACKNOWLEDGEMENTS Todays presentation is a collaborative effort between the following people and organizations ID: 811226

sara state www authorization state sara authorization www institutional education michigan org states http regulation institutions sheeo regulations federal

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Slide1

SARAMichigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA)

October 14, 2015Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA)University Club, Michigan State University

1

Slide2

ACKNOWLEDGEMENTSToday’s presentation is a collaborative effort between the following people and organizations:Daniel Hurley

, Chief Executive Officer, Michigan Association of State UniversitiesMichael Beamish, Manager, Postsecondary Education, Michigan Department of Licensing and Regulatory Affairs (LARA)Jenny Parks, Director, Midwestern State Authorization Reciprocity AgreementMany, many other fine folks in Michigan2

Slide3

ACKNOWLEDGEMENTSThe Michigan SARA workgroup is (was):Daniel Hurley, Chief Executive Officer, Michigan Association of State Universities

Mike Beamish and Patricia Farrell-Cole were also extremely helpful before Dan came on boardMichael Beamish, Manager, Manager  Licensing and Regulatory AffairsMichael Hansen, President, Michigan Community College Association

Robert LeFevre, President, Michigan Independent Colleges &

Universities

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ACKNOWLEDGEMENTSSpecial recognition to MHEC Commissioners and Commissioner Alternates from Michigan: David Eisler

, President, Ferris State UniversitySteven Ender, President, Grand Rapids Community CollegeKaren McPhee, Senior Education Policy Advisor, Office of the GovernorTonya Schuitmaker, President Pro Tempore

and Chair of Higher Education Appropriations Subcommittee

Jim Tedder, Representative

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ACKNOWLEDGEMENTSYour Michigan representative on the M-SARA Regional Steering Committee is Shellie L. Haut

Director Licensure, Regulatory Services & Human Capital Central Michigan University5

Slide6

THIS AFTERNOON’S PRESENTATION 12:30-3:00 PM

Part I: Benefits of Institutional ParticipationPart II: Requirements and obligations for Institutional ParticipationPart III: Status of SARA now and in the futurePart IV: Status of traditional state authorization now and in the future

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PART I: Benefits of Institutional Participation in SARA

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THE BENEFITS OF SARAPARTICIPATION

Fewer and Lower Fees for state authorization in most cases

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Slide9

THE BENEFITS OF SARAPARTICIPATION

Consistent definitions and fewer states to monitor for renewals and regulatory changes which leads to reduced personnel costs

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THE BENEFITS OF SARAPARTICIPATION

Rationalized system of complaint reporting and resolution leads to fewer jurisdictional questions

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THE BENEFITS OF SARAPARTICIPATION

Consistency, efficiency, and reduced bureaucracy lessen the risks of noncompliance

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Slide12

PART II:

Requirements for Institutional Participation in SARA

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Slide13

13 SARA KEY ELEMENTS

Slide14

SARA KEY ELEMENTS and REQUIREMENTSAcademic

Integrity National or Regional AccreditationAdherence to C-RAC GuidelinesAuthorization in home state 

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SARA KEY ELEMENTS and REQUIREMTNSFinancial Responsibility

Private institutions must have a USDE score of 1.5 or aboveIf IHEs have a score of 1.0 to 1.49, they must meet document and demonstrate financial responsibility to the state portal agency15

Slide16

SARA KEY ELEMENTS and REQUIREMENTSPhysical Presence Definitions

(see p. 12 of P &S)On-line educationMarketing and recruitingSupervised Field ExperiencesLimited on-the-ground learningServers, instructors in other statesOther limited activities

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SARA KEY ELEMENTS and REQUIREMENTSInstitutional Complaint Process

Must direct SARA students outside the institution’s state to the portal agency of the state in which the institution is domiciledStudents must exhaust the institutional process before appealing to the portal agency17

Slide18

SARA KEY ELEMENTS and REQUIREMENTSAccountability for catastrophic events and precipitous closings

Student recordsTeach-out plansFinancial compensation18

Slide19

SARA KEY ELEMENTS and REQUIREMENTSData Reporting

A request annually for the number of students in on-line programs in each SARA state and a list of on-line programs offered by the institution (see page 15 of P & S)19

Slide20

SARA KEY ELEMENTS and REQUIREMENTSProfessional Licensure Disclosures

(see page 8 of P & S)SARA does not affect licensure and certification; IHEs still have to work with those Boards as alwaysSARA requires certain disclosures to students in courses and programs leading to professional licensure20

Slide21

NC-SARA INSTITUTIONAL FEES

$2,000/yr. for IHEs with under 2,500 FTE $4,000/yr. for IHEs with 2,500-9,999 FTE $6,000/yr. for IHEs with10,000 or more FTE*Based on 12 month unduplicated headcount as

reported annually to IPEDS*

*State Costs Vary*

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$2000 initial application fee$2000 annual fee

The first time a school applies, the total cost to a school will be $4000 then $2000/year after that.MICHIGAN STATE FEES

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LARA (Michigan Department of Licensing and Regulatory Affairs)

Approves institutions for participation in SARAHears and resolves appropriate student complaints

that rise above the institutional process

Investigates alleged

institutional misbehavior

Informs institutions

about changes to SARA and best practices under SARA

23

ROLES OF DIFFERENT SARA LAYERS

Slide24

MHEC (Midwestern Higher Education Compact)

Approves states for membership in SARAInvestigates alleged state/portal agency misbehaviorHears and helps settle disputes between states regarding institutional jurisdictionSupports and informs portal agencies

Offers

support and training to institutions

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ROLES OF DIFFERENT SARA LAYERS

Slide25

NC-SARA (National Council for State Authorization Reciprocity Agreements)

Coordinates the efforts of the four regional SARAsDevelops and approves one consistent set of policies and standardsHears and helps settle disputes between regions regarding state and institutional jurisdictionSupports and informs portal agencies

Takes

institutional fees and distributes them among the regions to optimize SARA work nationally

25

ROLES OF DIFFERENT SARA LAYERS

Slide26

Institutions apply using the same application in every state

HOW DOES A SCHOOL APPLY TO PARTICIPATE IN SARA?

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Slide27

https://www.michigan.gov/documents/lara/PPS030_7-15_495241_7.pdf

THE MICHIGAN APPLICATION IS ALL ON-LINE

27

Slide28

WARNING!!!!!

You still have to deal with non-SARA states under traditional state authorization laws and procedures.28

Slide29

29

PART III: Status of SARA now and in the future

Slide30

STATES THAT HAVE ALREADY JOINED SARA = 29

30

Pending

Applications 2015

Maine

Rhode Island

Texas

Georgia

Maryland

Mississippi

Maybe in 2015

South Carolina

Alabama

Slide31

http://www.nc-sara.org/content/sara-state-status

SARA UPDATES FOR STATES

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Slide32

ALMOST 500 INSTITUTIONS HAVE JOINEDhttp://nc-sara.org/states/mi

32

Slide33

33

PART IV: Status of traditional state authorization now and in the future

Slide34

The History of State AuthorizationThere are two levels of concern:

STATE LAW

FEDERAL REQUIREMENTS

34

Slide35

The History of State AuthorizationState authorization laws have always been on the books in most states (branch campuses, correspondence courses, etc.)

All this changed around 1992….

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Slide36

Basic Principle 1:If your institution is in one state and you are serving a student residing in another state, then you should check for

authorization (also known as registration, exemption, etc.). The legal burden of authorization is on the institution.State Authorization: Basic Principles

36

Slide37

37State Authorization: Basic Principles

Basic Principle 2: There are as many as 3 types of authorization in each state:

Institutional –

regulated by the H.E. Authorizing entity or entities.

Licensure

regulated by the professional boards and possibly the H.E. authorizing entity or entities.

Business

– regulated by the Secretary of State

Slide38

State Authorization: Basic PrinciplesDespite these state laws, most institutions did not comply and most states did not look for non-compliance until:

DEREGULATION OF FOR-PROFIT SCHOOLSEXPLOSION OF THE INTERNET AND ON-LINE COURSEWORK

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Slide39

State Authorization: Basic PrinciplesAND THEN THINGS BECAME A LITTLE MESSY…Institutional Closures

Predatory LendingWorthless degreesPoor instructionOther abuses….SO THE USDE PUBLISHED ITS PROGRAM INTERGRITY RULES ON OCTOBER 29, 2010

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Slide40

What is State Authorization

of Distance Education?The Fundamentals

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Slide41

Fundamental #1: The Federal Regulation

In 2010 the Department of Education (USDOE) created new “program integrity” regulations.34 CFR 600.9 (a), (b), (c) – State Authorization

The “On Ground” Regulation

Chapter 34,

§600.9(a) and (b)

States must:

1. Have a process in place to approve an institution that offers more than 50% of a program face to face in that state.

2. Have a complaint process for students

The VACATED Distance Education Regulation

Chapter 34,

§600.9(c)

Institutions must:

1. Be legally authorized to offer postsecondary education in any state where distance education students are located while receiving instruction

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Slide42

Fundamental #2: The Vacated Regulation

Chapter 34, §600.9(c) – No Current Enforceable Federal Regulation of State Authorization of Distance EducationJuly 2011 – US District Court vacated the regulation on procedural grounds

June 2012 – U.S. Court of Appeals upholds the District Court ruling to vacate the regulation BUT upholds USDOE’s ability to re-issue §600.9(c)

Today – November 9, 2015

1. There is NO enforceable Federal regulation for distance education authorization.

2. There is NO Federal deadline for distance education authorization.

3. USDOE has no timeline to re-issue §600.9(c). The federal regulation is “on pause”.

4. BUT what about the states themselves?????

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Fundamental #3: The State Regulations

State Regulations have been in place all along and are enforceable!1. Knowing the requirements in each state

a. Regulated activities vary by state

b. Process for compliance varies by state c. Fees for compliance vary by state

2.

Institutional analysis of out of state activities

Including but not limited to:

a. Where are the students? (online and field experiences)

b. Where is the faculty? (those that teach remotely)

c. Where is the institution recruiting?

d. Where is the institution marketing?

The 2 main challenges for institutions:

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Slide44

WICHE Cooperative for Educational Technologies (WCET) www. http://wcet.wiche.edu/

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Slide45

State Authorization Network (SAN)www. http://wcet.wiche.edu/advance/state-authorization-network

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Slide46

State Higher Education Executive Officers Association (SHEEO) www.sheeo.org/sheeo_surveys/

Example:46

Slide47

Fundamental #4: The Resources

Secondary and Primary Sources to Guide the Institution to ComplianceState Authorization Network -Support Organization – research, experts, networking

SHEEO State Authorization Surveys

-

Surveys of information for each state

State Agency Websites -

Most links found in the

SHEEO Surveys

State Laws and Regulations -

Most links found in the

SHEEO Surveys

Other Important Federal Regulations –

34 CFR 602.17

– Application of standards in reaching an accrediting decision

34 CFR 668.43

– Institutional Information

34 CFR 668.71

– Misrepresentation

47

Slide48

Contact Information

Cheryl DowdDirector, State Authorization NetworkWCET - WICHE Cooperative for Educational Technologies3035  Center Green DriveBoulder, CO 80301

303-541-0210

cdowd@wiche.edu

48

Slide49

What’s in the Future?? The federal regulation is

probably coming back!!!It was part of Negotiated Rulemaking in Spring 2014Important topics discussed included:

Exemptions

Complaint

Processes

(home state, institutional state, state of residence)

Military students

Reciprocity

Federal Regulation – Chapter 34, §600.9(c)

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Slide50

State RegulationsQuestion:Where can I find out about regulations in each state?

Answer:State Higher Education Executive Officers (SHEEO) provides a FREE listing of all state regulations: http

://

www.sheeo.org/node/434

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Slide51

State RegulationsWhat is in the SHEEO Survey?

Unit of analysis is AGENCY, not stateOver 70 agencies surveyed (50

states & 9 territories); scope was all state agencies authorizing all institutions in the US (not just online)

SHEEO resource was created using agency

write-ups in September 2011 – subsequent updates have been completed

in 2012 and 2013

Provides contact

information for each

agency, including a directory of contacts across all agencies

Provides information

about regulations, rules, physical presence triggers, fees, applications and

timelines

50

Slide52

State Regulations: PHYSICAL PRESENCE TRIGGERS

Physical Location Administrative OfficePractical Experiences (clinical, student teaching)Required Proctoring Contracted ServicesHaving an Employee in a State

Direct Marketing

Localized Advertising

Employing a third party provider in the state

52

Slide53

State RegulationsWhat Does It Cost?

The fee for authorization varies widely among agencies, from $0 to $10,000+ per agency.Some agencies

require a fee for a waiver/exemption.

There can be other fees involved:

Site

Visit

Surety Bond

Tuition Recovery

Fund

Some agencies require a fee for renewal.

53

Slide54

State RegulationsWhat are the risks of non-compliance?

Call from RegulatorCease and Desist LetterPublic AccountabilityStudent ability to work or be licensed in that state…Potential Lawsuit

Special Case – The Maryland Letter

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Slide55

Final ThoughtsWhy should we care about state authorization?

Because it is the law (State).It protects students.Federal Regulations are probably coming back:

Compliance window might not be

long.

Most of the components of state authorization are already covered by accreditation, Title IV eligibility, and are usually good practices.

55

Slide56

National accreditation http://www2.ed.gov/admins/finaid/accred/accreditation_pg6.htmlFinancial responsibility http://

studentaid.ed.gov/about/data-center/school/composite-scoresProgram Integrity Rules http://www.gpo.gov/fdsys/pkg/FR-2010-10-29/pdf/2010-27395.pdfDOD http://www.militaryonesource.mil/voluntary-education?content_id=274604HELPFUL LINKS

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Slide57

NC-SARA Website www.nc-sara.orgRegional Education Compacts

:MHEC – http://www.mhec.org/sara

NEBHE

– http://www.nebhe.org/programs-overview/sara/overview

/

SREB

www.sreb.org/sara

WICHE

http://www.wiche.edu/sara

MORE INFORMATION

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Slide58

REGIONAL SARA CONTACTSSandra J. Doran, Esq.​

Director, N-SARANEBHE45 Temple PlaceBoston, MA 02111

617.533.9524​

sdoran@nebhe.org​

www.nebhe.org

Mary

A. Larson, M.Ed.

Director, S-SARA

SREB

592 10th Street N.W.

Atlanta, GA 30318-5776

404.875.9211 ext. 219

mary.larson@sreb.org

www.sreb.org

John Lopez, Ph.D.

Director

, W-SARA

WICHE

3005 Center Green Drive, Suite 130

Boulder, CO 80301

303.541.0277

jlopez@nc-sara.org

www.wiche.edu

Jennifer L. Parks, M.A.

Director, M-SARA

MHEC

105 Fifth Avenue South, Suite 450

Minneapolis, MN 55401

612.287.5131

jennyp@MHEC.org

www.mhec.org

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