History of Comments

Last update 2012-02-03 00:23:21 Creation date 2012-02-03 00:23:20
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    Hawaii does not appear to have a law for the approval/certification of educational institutions in the state. Rather, its laws set guidelines for the activities of institutions which are not accredited by an organization approved by the U.S. Department of Education. See SHEEO survey
    The agency describes itself as using a "brick and mortar" presence standard as of June 1, 2011. However using 3rd parties to conduct school business may result in a "presence" requiring registration.
    The agency has developed numerous "internal policies" which determine how they interpret these provisions. It does not appear that they have codified these rules. See http://www.iowacollegeaid.gov/PostsecondaryRegistration/iowacodechapter261b.html#DistanceEducation It appears their policy interprets; "maintains or conducts one... course of instruction," in addition to "presence." Note also that all institutions must provide assurance of financial responsibility pursuant to Iowa Code Section 714.18
    An institution, to be regulated by the statute must have a physical presence. However, they must also, "operate" in order to trigger the approval requirement. According to the agency, the standard utilized for whether an agency is "operating" is similar to the legal concept of "long-arm jurisdiction." As such, the analysis is one of degree and cumulative effect. While some activities in themselves would not amount to a licensing requirement if coupled with others, licensing may be required.
    Kentucky Continued
    The agency did not respond to the SHEEO survey. Nor was any interpretation/definition of "conduct operate, maintain or establish" located.
    In the SHEEO compendium response, the agency states that the standard is met where; "Any face to face, including physical instruction or experiences that result in contact with others and awarding of credit (internships, student teaching, clinicals)" see SHEEO survey response
    The agency has provided the following description of physical presence; "Physical presence means an owned, leased, rented or provided facility, within Maine, where education and/or training is provided to students for a fee. Physical presence also includes periodic visits to Maine-based students by the school’s faculty/representatives and/or the activity of Maine residents who have been hired to serve as solicitors or agents on behalf of the school." See SHEEO survey response
    This agency responded to the SHEEO survey but did not answer the "physical presence" requirement. Note also the distance education exception.
    No statute or regulations were found which clarify when an out of state institution has "conduct(ed) within the commonwealth any courses." An investigation of the agency's statements contained within the SHEEO survey response reveals that the agency utilizes an amorphous multi-factored test. See SHEEO survey response.
    Michigan's approval/licensure laws are tied to the incorporation of private educational entities in the state, and authorizations to transact business as a foreign corporation. While the applicable statutes are complex, and apply differently to different types of institutions, generally, the agency describes itself as utilizing a "brick and mortar" type analysis.
    The statute governing licensure of non-degree granting institutions states that they do not need to be licensed where there is no physical presence "as determined by the office"; No regulation defines what the agency considers to be a physical presence, nor was any articulation found.
    Agency's guidance as to what constitutes being "otherwise located" in Mississippi consists of the following; "1. The institution maintains a telephone number with a Mississippi area code; 2. The institution maintains a postal address (either physical or PO Box) with a Mississippi zip code; 3. The institution maintains an Internet URL that originates in Mississippi or utilizes an ISP that is based in Mississippi; 4. The institution advertises that a future institution will be domiciled, incorporated, or otherwise located in the State." This list is not exclusive and the agency may consider other activities a "trigger." See SHEEO survey & http://www.mississippi.edu/mcca/downloads/federal-online-ed-requirements.pdf
    Mississippi Continued
    The agency did not provide responses to the individual physical presence question in the SHEEO survey.
    It appears that the laws involving the regulation and approval of post-secondary education Institutions (e.g. MSA Title 20 Chapter 30) were repealed in 1997. What remains is a very brief statute administered by the Board of regents. The other applicable law is administered by the Secretary of State who may require licensing as a foreign entity.
    Nebraska Continued
    Seek Clarification from the agency. It appears that the agency is interpreting "operate," however, no definition of operate was found outside of the statements provided in the SHEEO survey. "PPCS requires authorization if any part of an online program is offered in the state – that constitutes physical presence for us. Example: internship, clinical, etc... Physical presence means that the student is actively participating in a brick and mortar structure owned by an institution (not home at the computer) to do part of the program" The agency seems to be articulating a face-to-face instruction standard, and a physical property standard, however, some of the responses seem contradictory. For instance, seminars are purportedly ok if "not more than 16 hours in length." This suggests there is some formally articulated policy exists which has not been found.
    There is possibly a large exemption; The statutes state that the agency licenses "post secondary institutions." The definition of post-secondary institutions seems to exclude any college "licensed as a postsecondary educational institution in this state by a federal or another state agency;" See NV. ST 394.099 However soliciting agent, and advertising restrictions may still apply.
    New Jersey
    This agency did not respond to the SHEEO survey.
    New Jersey Continued
    The agency did not respond to the SHEEO survey. No clarification of "does business in New Jersey" was found.
    New Mexico
    Several laws applying to different types of entities are administered by this agency. "Registration" is a concept distinct from "licensure."Recruiting activities trigger a "registration" requirement. The "presence standard" provided by the agency in the SHEEO survey response was not expressly linked to any statutory requirement. It is as follows; "“Presence” in the state is defined as offering courses, programs or degrees on site or from a geographical site in New Mexico or maintaining an administrative, corporate or other address in the state."
    New York
    The agency has made the following statement about its physical presence requirement in the SHEEO survey response; “Physical presence is identified as any training location, office or recruiting space, corporate location, and/or server.” See SHEEO survey response and also http://www.acces.nysed.gov/bpss/schools/PG260603_10_01_07.htm for more comprehensive statements
    New York Continued
    “The Office of Higher Education considers an institution to have a physical presence in New York State if it does one or more of the following things: 1. Operates an instructional site (a physical site at which instruction is given by a faculty member to a group of students) in New York State. The fact that the instruction at that site is given through an electronic medium (e.g., satellite delivery, videotape) rather than through an instructor physically present in the room, does not change the fact that it is an instructional site. 2. Sponsors organized activities within the State that are related to the academic program (e.g., advising, mentoring, study groups, examination administration). 3. Has a representative, whether paid or not, acting on its behalf within the state to arrange or conduct instructional or academic support activities. This would include a commercial vendor acting on behalf of the institution, or a New York higher education institution providing services to students of the out-of-state-institution. Activities that are NOT considered to establish physical presence in the State are: 1. Communicating electronically with students in New York State (e.g., by computer or broadcast) in ways that do NOT involve an instructional site or an organized group activity. 2. Advertising in New York State media. 3. Recruitment of students, e.g., at college fairs, job fairs, or trade shows.” See http://www.highered.nysed.gov/ocue/ded/policies.html
    North Carolina
    According to the agency; "unsolicited telephone recruiting calls constitute a physical presence trigger." See SHEEO survey response
    North Carolina
    No information was found which clarified the meaning of "any physical presence." A new definition may be forthcoming as the agency's response to the SHEEO survey said that new regulations should come out in 2012.
    North Dakota
    Prohibitions 1,2,3 &4 seem to combine to prohibit almost all activities absent compliance and/or authorization. However, those institutions which "do not operate" are exempt. It thus appears that the definition of "Operate" determines whether or not an institution is regulated by the agency.
    Ohio Continued
    The agency interprets 3332.06 to trigger approval requirements upon certain solicitation activities, and upon physical presence type factors. See http://scr.ohio.gov/LinkClick.aspx?fileticket=dFQvdr-IzIM%3D&tabid=38&mid=484
    No further clarification of physical presence was found. See SHEEO compendium for the agency's description of its physical presence policy; "To determine the extent of an institution’s physical presence for courses and/ or programs delivered exclusively online, the institution will describe any physical presence of its operations (i.e. internships, externships, clinicals, practica, etc.), administrators, students, or faculty. This includes leasing space for instruction or administrative purposes, hiring faculty that convenes students in Oklahoma, a telephone number, a post office box, servers, i.e., any action that constitutes a physical presence in the state." Note also that the policy is currently under review.
    Oklahoma Continued
    The agency did not respond to the SHEEO survey.
    Okalama Continued2
    The Agency did not respond to the SHEEO survey. However, the information provided in the SHEEO survey states that the agency "regulates only the state technology centers"
    The agency regulations, website, and SHEEO survey response provide no guidance as to what "operate" means, or when one "grant(s) degrees in this commonwealth.": Agency statements seem to dance around the topic. For example "Regulations in Pennsylvania currently do not allow institutions operating solely by distance education or telecommunications instruction to operate in this commonwealth. Title 22 Pa. Code § 31.1(e) states: "Only a postsecondary degree-granting institution having more than 50% of its degree programs consisting of resident-based instruction may be established or operate in this Commonwealth." Thus, no institution that offers education solely on a non-resident basis or by telecommunications instruction alone may operate in Pennsylvania." see http://www.education.state.pa.us/portal/server.pt/community/higher_education/8711/institutional_approval_information/522454 This still begs the question whether one can provide education via 100% technology while not "operating."
    Puerto Rico
    SHEEO survey is only guidance for those who do not speak Spanish.
    Rhode Island
    Two levels of physical presence seem to apply; The agency "Policy on Distance Learning" is a first level analysis. Agency policy states that no regulations will apply to agencies which don't have a physical presence within the meaning of the Policy. If there is a physical presence, then an "operate" standard from the applicable regulation may apply. The standard is similar but different. It's not clear whether the selections in the adjacent cell are geared toward the "Policy on Distance Learning" or the statutory definition of "operate." The law in the adjacent cell is geared toward institutions which provide degrees, and certificates at the "post-associate" level, and is based upon the "Regulations Governing Institutions of Higher Education Operating in Rhode Island. This section illustrates the "second level" of physical presence. For "Proprietary Schools", which are defined as schools which award certificates at the pre-associate level see "Regulations Governing Proprietary Schools in Rhode Island." at http://www.ribghe.org/propreg.htm It appears that both proprietary schools and schools which provide certificates at the post associate degree level (but not degrees) have additional exemptions not enjoyed by degree granting institutions. Namely exemptions for instructors providing education solely by distance education while within the borders of the states, and testing centers.
    South Carolina
    Agency statements provide caveats which illustrates the agency's interpretation of the "operate or solicit" standard. They are as follows; "2 [The Commission does not require licensing of institutions where the sole activity is a practicum or clinical experience in South Carolina.] 3 [The Commission does not require licensing of institutions that offer programs online or at a distance where the sole activity is employment of faculty members who are residents of South Carolina.] 4 [The Commission does not require licensing of institutions where an in-state proctor administers exams for courses delivered by distance learning.] 5 [The Commission does not require licensing of institutions that use search engine marketing (Yahoo, Bing, Google) or web site advertisements that originate outside the borders of South Carolina.]" See http://www.che.sc.gov/AcademicAffairs/License/Licensing_Statute.pdf at 59-58-20
    South Dakota
    The Board of Regents has no approval/licensure authority and it appears that other relevant licensure laws have been repealed. Unless accredited, an institution may not "offer postsecondary education credit or degree in South Dakota." No definition of "offer" is provided, However, accredited institutions may automatically comply with this law. Enforcement handled by the attorney general's office.
    "The agency has made the following statements about its interpretation of ""physical presence""; ""THEC interprets the definition of physical presence to: include having an instructor lead a distance education course from within the state; include advertisements that appear on the webpage of a local newspaper; include facilitating and/or entering into an arrangement with any business, organization, or similar entity located in Tennessee for the purpose of providing an internship, externship, practicum, clinical, student teaching, or similar opportunity; and not include enrolling a Tennessee student if the recruitment of the student did not involve any of the prohibited activities."" See; http://www.tennessee.gov/thec/Divisions/LRA/PostsecondaryAuth/pdf/Distance%20Education%20Authorization%20Requirements%20-%20Final.PDF Also the agency has made the following statements about solicitation at college fairs. “An institution may participate in multi-institutional college fairs or other assemblies of institutions in Tennessee without establishing a physical presence as long as: the institution does not enroll an individual, allow an individual to sign any agreement obligating the person to the institution in any way, or accept any monies from the individual, including an application fee; and the institution does not follow-up with any interested student by means of an in-person meeting with an agent in Tennessee” See SHEEO Survey
    When the agency responded to the SHEEO survey this regulation was not yet in existence.
    Texas Continued
    The agency seems to interpret the foregoing "solicit" language to trigger the need for approval whenever an institution enrolls or solicits students. The SHEEO survey response seems to indicate that there is a recent legislative change that exempts certain institutions from being forced to seek approval where the only action on part of the institution is enrollment/solicitation. "There is one recent exception as of Sept. 1, 2011: out of state, degree granting institutions that are authorized in their state to offer postsecondary education and to award degrees and that are accredited by a U.S. Dept. of Ed.-recognized accrediting agency, and offer only postsecondary distance education in Texas." This is not yet reflected in the code that was available online . See SHEEO Survey response. The agency also seems to interpret "maintains a place of business within this state" to incorporate other physical presence type activities besides solicitation. Note that schools without physical presence must post a "conspicuous notice" on their website. See SHEEO survey response.
    Accredited schools may be exempt. See list of exemptions at U.C.A. 13-34-105. Schools believed to be exempt must obtain certificate of exemption. The agency did not provide a response to the "physical presence" portion of the SHEEO survey.
    No definition of physical presence is found within the applicable code. However, the agency has made the following statements about its interpretation of physical presence: "If an out-of-state institution does not plan to operate a facility in Virginia and/or the mechanism by which instruction is initiated (server) is not located within Virginia, the school does not meet Virginia’s criterion of physical presence. Any school not meeting this criterion is ineligible for certification to operate in Virginia." See SHEEO Survey Response.
    The agency indicated in question 2 of the SHEEO that it regulates public institutions. It is not clear whether it construes WY. St. 21-2-401(a) or (b) to apply to public institutions. Neither the statutes, nor agency regulations define "operate" or "doing business."; Degree granting schools are regulated by Chapter 30 of the Wyoming Department of Education Rules and Regulations. Non-Degree granting schools are regulated by Chapter 1 of the Wyoming Department of Education Rules and Regulations. See http://edu.wyoming.gov/Programs/schools/private_school_licensing.aspx
    The adjacent Bill is immediately effective.
    Posted 2012-02-03 00:23:21 by MeganWCET
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