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
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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
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Slide2ACKNOWLEDGEMENTSToday’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
Slide3ACKNOWLEDGEMENTSThe 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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Slide4ACKNOWLEDGEMENTSSpecial 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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Slide5ACKNOWLEDGEMENTSYour Michigan representative on the M-SARA Regional Steering Committee is Shellie L. Haut
Director Licensure, Regulatory Services & Human Capital Central Michigan University5
Slide6THIS 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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Slide7PART I: Benefits of Institutional Participation in SARA
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Slide8THE BENEFITS OF SARAPARTICIPATION
Fewer and Lower Fees for state authorization in most cases
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Slide9THE 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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Slide10THE BENEFITS OF SARAPARTICIPATION
Rationalized system of complaint reporting and resolution leads to fewer jurisdictional questions
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Slide11THE BENEFITS OF SARAPARTICIPATION
Consistency, efficiency, and reduced bureaucracy lessen the risks of noncompliance
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Slide12PART II:
Requirements for Institutional Participation in SARA
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Slide1313 SARA KEY ELEMENTS
Slide14SARA KEY ELEMENTS and REQUIREMENTSAcademic
Integrity National or Regional AccreditationAdherence to C-RAC GuidelinesAuthorization in home state
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Slide15SARA 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
Slide16SARA 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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Slide17SARA 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
Slide18SARA KEY ELEMENTS and REQUIREMENTSAccountability for catastrophic events and precipitous closings
Student recordsTeach-out plansFinancial compensation18
Slide19SARA 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
Slide20SARA 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
Slide21NC-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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Slide22$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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Slide23LARA (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
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ROLES OF DIFFERENT SARA LAYERS
Slide24MHEC (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
Slide25NC-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
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ROLES OF DIFFERENT SARA LAYERS
Slide26Institutions apply using the same application in every state
HOW DOES A SCHOOL APPLY TO PARTICIPATE IN SARA?
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Slide27https://www.michigan.gov/documents/lara/PPS030_7-15_495241_7.pdf
THE MICHIGAN APPLICATION IS ALL ON-LINE
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Slide28WARNING!!!!!
You still have to deal with non-SARA states under traditional state authorization laws and procedures.28
Slide2929
PART III: Status of SARA now and in the future
Slide30STATES THAT HAVE ALREADY JOINED SARA = 29
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Pending
Applications 2015
Maine
Rhode Island
Texas
Georgia
Maryland
Mississippi
Maybe in 2015
South Carolina
Alabama
Slide31http://www.nc-sara.org/content/sara-state-status
SARA UPDATES FOR STATES
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Slide32ALMOST 500 INSTITUTIONS HAVE JOINEDhttp://nc-sara.org/states/mi
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Slide3333
PART IV: Status of traditional state authorization now and in the future
Slide34The History of State AuthorizationThere are two levels of concern:
STATE LAW
FEDERAL REQUIREMENTS
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Slide35The 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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Slide36Basic 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
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Slide3737State 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
Slide38State 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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Slide39State 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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Slide40What is State Authorization
of Distance Education?The Fundamentals
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Slide41Fundamental #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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Slide42Fundamental #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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Slide43Fundamental #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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Slide44WICHE Cooperative for Educational Technologies (WCET) www. http://wcet.wiche.edu/
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Slide45State Authorization Network (SAN)www. http://wcet.wiche.edu/advance/state-authorization-network
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Slide46State Higher Education Executive Officers Association (SHEEO) www.sheeo.org/sheeo_surveys/
Example:46
Slide47Fundamental #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
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Slide48Contact Information
Cheryl DowdDirector, State Authorization NetworkWCET - WICHE Cooperative for Educational Technologies3035 Center Green DriveBoulder, CO 80301
303-541-0210
cdowd@wiche.edu
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Slide49What’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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Slide50State 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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Slide51State 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
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Slide52State 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
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Slide53State 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.
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Slide54State 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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Slide55Final 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.
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Slide56National 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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Slide57NC-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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Slide58REGIONAL 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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