e-Literate

Present is Prologue

Tag: SARA

  • Recommended Reading: ED Clarifies Its Intent on State Authorization Reciprocity

    Recommended Reading: ED Clarifies Its Intent on State Authorization Reciprocity

    Last year Russ Poulin from WCET and I wrote an essay for Inside Higher Ed (also published at e-Literate) describing and countering attempts by the Century Foundation and other activists who were arguing against the State A

    A coalition of consumer groups, legal aid organizations and unions object to the state of New York joining an agreement that would change how colleges offering distance education courses in the state would be regulated. As coalition members asserted in an Inside Higher Ed article, the state would be ceding its authority to other states. Students would be left with no protection from predatory colleges and it would make it easier for “bad actors to take advantage of students and harder for states to crack down on them.”

    That all sounds ominous. It would be, if it were true.

    The story has taking a series of dramatic turns. First, New York state did join SARA. But in a surprise move in the final regulatory language from the Department of Education (ED), they included language proposed by the Massachusetts AG and supported by the Century Foundation that appeared to undermine the concept of reciprocity. Most analysts and insiders, including WCET and SARA themselves came to the same conclusion that Massachusetts’ AG did – SARA and the concept of reciprocity agreements would not survive as long as the regulation survived. In a surprise move, however, anonymous staffers at ED called Russ Poulin (the person to follow on this subject), letting him know that their intent is not at all to undermine SARA. (more…)

  • IHE Essay: Getting the political facts straight about State Authorization Reciprocity Agreement

    The following essay, co-written by Russ Poulin and Phil Hill, was originally published at Inside Higher Ed in response to articles in the New York Times and Inside Higher Ed regarding whether New York state should sign the SARA agreement.

    A coalition of consumer groups, legal aid organizations and unions object to the state of New York joining an agreement that would change how colleges offering distance education courses in the state would be regulated. As coalition members asserted in an Inside Higher Ed article, the state would be ceding its authority to other states. Students would be left with no protection from predatory colleges and it would make it easier for “bad actors to take advantage of students and harder for states to crack down on them.”

    That all sounds ominous. It would be, if it were true.

    Even in the digital era, the regulation of educational institutions is left to each state. The resulting array of requirements confuses both students and institutional faculty and staff. The State Authorization Reciprocity Agreement (SARA) was created to apply consistent review standards across the states. An institution approved in its home state is eligible to enroll students (within limits) in any other SARA member state. As of this writing, 36 states have joined in a little over two years. That number may approach 45 by the end of 2016.

    (more…)

  • DOE Doubles Down on State Authorization: 25x increase in regulatory language

    Now that the Kabuki Theatre of the Department of Education’s negotiated rulemaking process has finished its penultimate act, can we all act surprised that the likely result includes the proposed State Authorization regulations growing by a factor of 25 with no comments allowed by one of the groups most affected?

    The gist of State Authorization is to force distance education and correspondence programs to comply not only with their home state regulations but to also comply with regulations for any state of residence for students. The proposed regulations from 2010 (struck down by courts in 2011) came in at 75 words:

    §600.9(c) If an institution is offering postsecondary education through distance or correspondence education to students in a State in which it is not physically located or in which it is otherwise subject to State jurisdiction as determined by the State, the institution must meet any State requirements for it to be legally offering postsecondary distance or correspondence education in that State. An institution must be able to document to the Secretary the State’s approval upon request.

    The most recent submission from DOE comes in at 1,912 words. You can read the full text here. This growth in regulatory language will have real costs. Today the president of Saint Leo College described how much of the administrative bloat in campuses is due to increasing federal regulations.

    Let me be clear, not all of the increases in college tuition and administrative bloat are caused by regulation, but some are—and far more than you think.

    (more…)

  • Proposed State Authorization: Dramatic increase in federal control of distance ed

    The Department of Education (DOE) released their proposed State Authorization regulations this week as part of the negotiated rulemaking process that seeks to replace previous rules struck down by courts in 2011. While the new process is more transparent than before (which was the basis of the court rulings), the proposed rulings would represent a dramatic increase in federal control of distance education and compliance burden for institutions. Greg Ferenbach from Cooley LLP noted these changes in a listserv discussion at WCET [used by permission from author, emphasis added]:

    What I don’t think many folks appreciate … is this proposal would be a huge change from the way things work today. From a quick read, it appears as though the proposal would require all states to authorize distance ed (with no exemptions for accreditation, etc.). Basically, this would be a mandate to either obtain specific state approval or participate in reciprocity as a condition for continuing to offer distance education with federal aid.

    Note that this is quite different from the last rule, which only mandated that you need to meet state requirements, if any, and thus it appears to impose a huge new burden on states and institutions. Think at least double.

    (more…)

  • Summary from WCET on State Authorization Reciprocity Agreement

    For any online program in the US that enroll students from more than one state, the issue of the Department of Education’s State Authorization proposed regulations is a major issue. WCET has played a leading role in raising awareness on the issue as well as pushing for a solution. From their summary page (read the whole page for a summary of the timeline, pushback, state regulations, etc):

    On October 29, 2010, the U.S. Department of Education (USDOE) released new “program integrity” regulations.  One of the regulations focused on the need for institutions offering distance or correspondence education to acquire authorization from any state in which it “operates.”  This authorization is required to maintain eligibility for students of that state to receive federal financial aid. Institutions have until July 1, 2014, to have obtained the appropriate approvals. Meanwhile, institutions are required to demonstrate a ‘good faith’ effort to comply in each state in which it serves students. While the regulation has been ‘vacated’ by court order, we believe it will be reinstated.

    To give an idea of the issues, consider that Missouri charges institutions $5,000 – $25,000 fees to register in the state, and there is a burdensome process. While not all states are as expensive as Missouri, the costs and overhead add up quickly, and there are conflicting and inconsistent requirements from state to state. According to a survey from UPCEA, WCET and Sloan-C, one third of online programs have not applied to any states outside their home, despite the serving a median of 37 states. Furthermore State Authorization rules would stifle online education programs and is already causing many programs to reject students in certain states.

    Despite losing in court (the ruling was vacated), the Department of Education still plans on pushing forward and planning to revive State Authorization.

    The most promising approach to dealing with this situation is the State Authorization Reciprocity Agreement (SARA).

    (more…)