Physical Presence Standard and Applicable Statute/Regulation

2012-02-03 00:23:21
State Authorization Physical Presence Summary
Physical Presence Standard and Applicable Statute/Regulation
Alabama
Alabama ContinuedNo proprietary postsecondary school, except those enumerated in Section 16-46-3, shall operate within this state unless the school first secures a license from the Alabama department of Postsecondary Education, regardless of whether the school enrolls Alabama students or has a physical presence within the State of Alabama. Alabama Code § 16-46-5: SCHOOL. Any person, group of people, institution, establishment, agency, or organization offering or administering a plan, course, or program of instruction whether conducted in person, by mail, by correspondence, online, by distance learning education, or by any other method except the teaching of private lessons of instruction on a singular subject, unless otherwise provided by law. Alabama Code § 16-46-1: Definitions;
Alaska"presence of a facility, equipment, faculty or staff within the state." 20 AAC 17.900 (a) (12)
Arizona"Operate" means to establish, keep, maintain or utilize a physical facility, location or mailing address in this state where, from which or through which students are procured for private vocational or private degree programs, private vocational or private degree programs are offered or private vocational credentials or private degrees are offered or granted and includes contracting for the performance of any of these acts .A.R.S. § 32-3001(5)
Arkansas"Any postsecondary education institution located in another state, other than those covered by §6-51-601 et seq., or those regulated by the State Board of Cosmetology, which desires to offer coursework or degrees in the State of Arkansas shall be required, prior to offering any coursework, to obtain certification to do so from the Arkansas Higher Education Coordinating Board." ACA §6-61-301 "Any non-public or out-of-state postsecondary education institution offering courses/degree programs customarily offered in colleges and universities to Arkansas students must obtain AHECB certification prior to offering those courses/degree programs." I. Introduction, Rules and Regulations of the Institutional Certification Advisory Committee.
Arkansas Continued“In the State of Arkansas” means you have a physical presence through direct recruitment in any form such as but not limited to mail, email, phone, advertise through local media, or have in 20 Arkansas a PO Box, office, or classroom" SBPCE Reg. I.1.V.
California"a person shall not open, conduct, or do business as a private postsecondary educational institution in this state without obtaining an approval to operate under this chapter." California Education Code 94886; "Private postsecondary educational institution" means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional charge. Cal. Ed. Code. 94858 "Postsecondary education" means a formal institutional educational program whose curriculum is designed primarily for students who have completed or terminated their secondary education or are beyond the compulsory age of secondary education, including programs whose purpose is academic, vocational, or continuing professional education. Cal. Ed. Code 94857.
Colorado"An institution seeking state authorization shall have a physical presence in Colorado, in the form of its main campus or headquarters, or a branch campus, or a place of business, as determined by the Department." CCHE policy (Section I, Part J) 2.03.01, "An institution not yet authorized to do business in Colorado shall not market or advertise prospective Colorado-based programs unless it has Department approval for such marketing efforts. Approvals shall be made at the Department’s discretion.'" CCHE policy (Section I, Part J) 2.03.03
Colorado ContinuedOperate means; "to establish, keep, or maintain any facility or location in this state where from, or through, educational services are offered or educational credentials are granted.” CRS 12-59-103, “any person desiring to engage in the performance of the duties as an agent within this state, for a school located outside this state, shall make application through the school to the board upon forms provided by the division.” 12-59-111(2) C.R.S. Agent means; "any person owning any interest in, employed by, or representing a school located within or without this state who enrolls or who, offers or attempts to secure the enrollment of any person in this state for education in a school within Colorado or for a school located outside this state."
Connecticut(a) Eligibility. Any institution with a physical presence in the state shall be subject to the requirements of the Regulations of Connecticut State Agencies. Dept. of Higher Education Regs; Section 10a-34-24 (no definition of physical presence provided)
Delaware2.1 Pursuant to 14 Del.C. §121 (a) (16) and 122(b)(3), (8), and 8 Del.C. §125, no corporation or Institution other than those authorized in Title 14, shall without first having received approval from the Department: 2.1.1 incorporate in Delaware with the power to confer degrees; or 2.1.2 offer courses, programs of courses, or degrees within Delaware. Administrative code Title 14, 292, 2.1 The agency has interpreted "offer within" to mean offices and classrooms located in the state. See SHEEO Compendium.
DC"No person or postsecondary educational institution incorporated in the District of Columbia or outside of the District of Columbia shall operate a postsecondary educational institution in the District of Columbia, offer postsecondary education…." Reg. §38-1309. (11) "To operate" or "operating" when applied to an educational institution means to establish, keep, or maintain any facility or location in the District, or to establish, keep, or maintain any facility or location organized or chartered in the District wherefrom or through which education is offered or given, or educational credentials arc offered or granted, and includes contracting with any person, group, or entity to perform any such act. (8) "To offer" includes, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described.
Florida"Each college or school operating within this state must obtain licensure from the commission unless the institution is not under the commission’s purview or jurisdiction as provided in s. 1005.06." Fl. St. Title 48 Chapter 1005.31. “Operating in this state” means any of the following: (a)?Maintaining for any purpose related to offering a degree, diploma, or credit a physical location in this state, a mailing address in this state, a telephone or facsimile number in this state, or a mail forwarding service or telephone answering or relay service in this state or advertising any such presence; or (b)?By any means or device, facilitating in this state any part of a scheme to offer a degree, diploma, or credit, or any activity connected with the administration, promotion, recruitment, placement, instruction, fee collection or receipt, or any other function of a purported independent postsecondary educational institution, other than periodic and customary contact with the institution’s own alumni. Fl. St. Title 48, Chapter 1005.02; Use of the word college in the state may trigger need to be licensed/approved by the agency. See Fl. St. Title 48 Chapter 1005.03
GeorgiaSee; http://www.gnpec.org/Forms/PDF%20Files/OnlineRequirements.pdf
HawaiiThis chapter shall not apply to the types of schools and courses of instruction that include… (11) Schools that are accredited by an agency or organization approved or recognized by the United States Department of Education or a successor agency, except as provided for in section 446E-5(b) and (c) § 446E-1.6. Exceptions
Idaho"Unless exempted by statute or this rule, as provided herein, a post-secondary educational institution which maintains a presence within the state of Idaho, or that operates or purports to operate from a location within the state of Idaho, shall register and hold a valid certificate of registration issued by the Board." IDAPA 8.01.11, 200.02(a) "Idaho Presence. An institution shall be deemed to have a presence in Idaho, or to be operating or purporting to be operating from a location within the state of Idaho, if it owns, rents, leases, or uses any office or other type of physical location in Idaho, including a mailing or shipping center, or if it represents in any way, such as on an electronic or Internet website, to have an Idaho street or mailing address, including a post office box in Idaho." IDAPA 8.01.11, 200.03
IllinoisParties offering degree's must demonstrate that they satisfy the "limited Physical Presence" requirements which are; "A) Evidence of authorization to operate in at least one other state; and B) Evidence of accreditation by a body recognized by the U.S. Department of Education and/or the Council for Higher Education Accreditation; and C) Evidence that the institution will offer ten percent or less of coursework, as measured by academic credits, for a degree program in the State of Illinois, or evidence that the institution is offering degrees through one hundred percent asynchronous versus synchronous on-line instruction from an out-of-state site or sites; and D) Evidence that the institution is not providing core academic support services, including but not limited to admissions, evaluation, assessment, registration, financial aid, academic scheduling, and faculty hiring and support in the State of Illinois." See IBHE reg. 1030.10(c) available at http://www.ibhe.org/Academic%20Affairs/distanceEd/default.htm
Illinois ContinuedAgency Statement in SHEEO survey response; "The IHE or its parts are physically located on Illinois soil. This is based on based common practice."
IndianaNot found;
Iowa"a school that maintains or conducts one or more courses of instruction, including courses of instruction by correspondence or other distance delivery method, offered in this state or which has a presence in this state and offers courses in other states or foreign countries shall register with the commission." Iowa Code title VII, Subtitle 3 Chapter 261B. "Presence" means maintaining an address within Iowa."School" means an agency of the state or political subdivision of the state, individual, partnership, company, firm, society, trust, association, corporation, or any combination which meets any of the following criteria: a. Is, owns, or operates a nonprofit postsecondary educational institution. b. Provides a postsecondary instructional program or course leading to a degree."
Kansas"No institution may operate within this state without obtaining a certificate of approval from the state board as provided in this act. No institution shall confer or award any degree, whether academic or honorary, unless such institution has been approved for such purpose by the state board of regents." Kansas Statute; 74-32,167; ‘‘Institution’’ means an out-of-state or private postsecondary educational institution. ‘‘Private postsecondary educational institution’’ means an entity which:(1) Is a business enterprise, whether operated on a profit or not-for profit basis, which has a physical presence within the state of Kansas or which solicits business within the state of Kansas;(2) offers a course or courses of instruction or study through classroom contact or by distance education, or both, for the purpose of training or preparing persons for a field of endeavor in a business, trade, technical or industrial occupation or which offers a course or courses leading to an academic degree; and( 3) is not specifically exempted by the provisions of this act. ‘ ‘Physical presence’’ means the employment in Kansas of a Kansas resident for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising or any other activity on behalf of the institution, or the delivery of, or the intent to deliver, instruction in Kansas with the assistance from any entity within the state in delivering the instruction including, but not limited to, a cable television company or a television broadcast station that carries instruction sponsored by the institution." No definition provided for "Operate"
KentuckyLicensure is required for an out-of-state institution to operate or solicit in KY and offer online courses and programs to KY students. “Operating or soliciting” is defined in the licensing regulation 13 KAR 1:020 Section 1 (8): (8) "Operating or soliciting" means having a physical presence within Kentucky and includes: (a) An instructional or administrative site within Kentucky whether owned, leased, rented, or provided without charge; (b) Instruction whether theory or clinical, originating from or delivered within Kentucky utilizing teachers, trainers, counselors, advisors, sponsors, or mentors; (c) An agent, recruiter, in-state liaison personnel, institution, or business located in Kentucky that advises, promotes, or solicits for enrollment, credit, or award of an educational or occupational credential; (d) An articulation agreement with a Kentucky licensed college or state-supported institution; or (e) Advertising, promotional material, or public solicitation in any form that targets Kentucky residents through distribution or advertising in the state.
Kentucky Continued(1) "No person shall conduct, operate, maintain or establish a proprietary school as herein defined or use any words which designate or tend to designate to the public that the operator of the school is qualified to conduct, operate, and maintain the school, unless he holds a valid current license from the board"..... (5) "No person shall in any way solicit any person or group of persons in this state to enroll at or attend any such school unless the person holds a valid license as agent of the school for which he is soliciting." KRS 165A.330. "Proprietary school" means a privately owned educational institution, establishment, agency, organization, or person offering or administering a plan, course, or program of instruction in business, trade, technical, industrial, or related areas for which a fee or tuition is charged whether conducted in person, by mail or by any other method.
Louisiana"A. All public and private postsecondary, academic degree-granting institutions offering instruction in the state of Louisiana must register annually with the Board of Regents… " Board of Regents Reg. Title 28, Chapter XI, § 103. "B. For institutions domiciled in Louisiana, the term operate applies to the offering of courses and programs through any modality. For institutions domiciled outside Louisiana, the term operate shall mean the offering of courses that are physically delivered in the state of Louisiana and/or require clinical experiences in the state of Louisiana." . C. The term clinical experiences shall mean site-based learning activities (e.g., clinical, internships, student teaching, practicum, field-based experiences, etc.) in settings (e.g., hospitals, schools, businesses, etc.) in which candidates are working with patients, children, teachers, principals, etc. in Louisiana and are observed/assisted/ evaluated by supervisors, preceptors, coaches, teachers, principals, or other individuals to determine that course and/program requirements have been addressed. Board of Regents Reg. Title 28, Chapter XI, § 101
MaineNot found
Maryland(a) Except as provided in § 11-202.1 of this subtitle, an institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission." MD Code , Education § 11-202, (a) "Operate in Maryland" means: (i) The maintenance in Maryland, for the purpose of offering instruction leading to a degree or certificate, or any instruction for credit, of a classroom (including a teleclassroom or a computer laboratory, or both, recruiting office, administrative office, or any other instructional space either through a lease or purchase of space; (ii) The recurring use of space for instruction in Maryland provided by another educational entity or any organization, whether or not a lease or purchase occurs; or (iii) The maintenance in Maryland by a nonaccredited out-of-State institution or organization of any ongoing administrative or instructional activity that purports to contribute to the granting of degrees or postsecondary certificates or course credits. (b) "Operate in Maryland" does not include the noninstructional activities of an out-of-State institution which is accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation, that: (i) Maintains in Maryland space for noninstructional purposes, such as recruiting, registration, or other administrative purposes; (ii) Conducts periodic and temporary visits to Maryland for the purposes of student recruitment or contact with an institution's alumni; or (iii) Maintains in Maryland a mailing address or a telephone answering or relay service, or advertises such a presence. (c) "Operate in Maryland" does not include distance education that originates outside of Maryland. (a) "Distance education" means course work for academic credit delivered by telecommunicated instruction to a physical space specifically reserved for the purpose of receiving the instruction, for example, a teleclassroom, and requires the payment of tuition or fees for the instruction. (b) "Distance education" does not include telecommunicated instruction at the student's initiation via an individual personal computer. Maryland Higher Education Commission Regs. 13B.02.01.03
MassachusettsSection 31A. No educational institution chartered, located, offering courses, or otherwise doing business within the commonwealth, shall award degrees within the commonwealth unless authorized to do so by the commonwealth; nor shall any educational institution chartered, incorporated or organized in another state conduct within the commonwealth any courses available to residents of the commonwealth leading to the award of a degree, unless such educational institution has received the approval of the commonwealth for such courses. The board of higher education shall be responsible for the implementation of the provisions of this section. M.G.L. c. 69, § 31A,
MichiganNot Found
MinnesotaDegree Granting institutions: Scope This chapter governs a state program for registration of private and non-Minnesota public postsecondary institutions and approval of degrees granted and names used. Minnesota Office of Higher Ed. Reg. 4840.0200 In general. A school must be registered if it grants a degree to a student in Minnesota, where the student has not left Minnesota for the major portion of the program or course leading to the degree. The office shall maintain and publish a list of the schools approved to use regulated terms in their names and a list of schools approved to grant degrees with a list of the approved specified degrees. 4840.0500 "Degree" means any award given by a school which signifies or is generally taken to signify completion of a program or course and which is designated by the terms degree, associate, bachelor, baccalaureate, master, doctor, or education specialist. 4840.0100 Non Degree Granting institutions: EXEMPTIONS. Sections 141.21 to 141.32 shall not apply to the following:… (17) schools with no physical presence in Minnesota, as determined by the office, engaged exclusively in offering distance instruction that are located in and regulated by other states or jurisdictions. Minnesota Statutes 2010 141.35
Mississippi"...The commission shall have the power and authority, and it shall be its duty, to prepare an approved list of community, junior and senior colleges and universities or other entities which offer one or more post-secondary academic degrees and are domiciled, incorporated or otherwise located in the State of Mississippi. Post-secondary academic degrees include, but are not limited to, associate, bachelor, masters and doctorate degrees..." § 37-101-241, Mississippi Code of 1972, as amended (Rev. 2009).
Mississippi Continued"In compliance with 34 CFR 600.9(c), any institution not based in the State of Mississippi, whether or not it offers instruction to residents of Mississippi only over the Internet, is determined to need a Certificate of Registration issued by the commission to offer postsecondary instruction in the State if they engage in at least one of the following activities: A. The institution maintains a telephone number with a Mississippi area code; B. The institution maintains a postal address with a Mississippi zip code; C. The institution markets and/or recruits Mississippi students via any means of media which originates in Mississippi; D. The institution maintains an Internet URL which originates in Mississippi or utilizes an ISP which is based in Mississippi; or E. The institution provides payment reportable for income tax purposed via either a W-2 or Form 1099 to any individual resident of the State for any purpose associated with the institution’s Mississippi students." CPSCR Regulations for state oversight of proprietary institutions operating or recruiting in Mississippi 2.16
Missouri“This rule is applicable to all proprietary schools requiring a certificate of approval to operate under the provisions of sections 173.600 through 173.619, RSMo or any person requiring an exemption from the provisions of sections 173.600 through 173.619, RSMo by the Coordinating Board under section 173.616.2, RSMo. Any person establishing a physical presence in Missouri to operate a school, to instruct students, or to recruit students is subject to this rule. The Coordinating Board shall also deem the act of a school to grant degrees or certificates as establishing that such school engages in education and instruction and is required to obtain a certificate of approval or exempt status…” 6 CSR 10-5.010 (2) (U) “Physical presence” means any person or location within the state of Missouri where, from, or through which a school operates for the purpose of conducting an activity relating to postsecondary education, including the granting of certificates or degrees, or for the purpose of recruiting students. Location is defined to include any address, physical site, electronic device, or telephone number within or originating from within the boundaries of the state of Missouri. Physical presence shall also mean a formally scheduled instructional interaction organized by or through a school taking place between two or more students and/or instructors within the state of Missouri. (S) “Operate” means to establish, keep, or maintain any facility at a location or locations in this state where, from, or through which education is offered or given and shall include contracting with any person, group or entity to perform any such act.
MontanaRegulation of award of degrees -- penalty. (1) No person, corporation, association, or institution shall issue any degree or such similar literary honors as are usually granted by universities or colleges without the prior approval of the regents of the adequacy of the course of study. (2) This section does not apply to any educational institution accredited by an educational accrediting association whose accrediting is found by the regents to be generally recognized by state and other universities in the United States. (3) Violation of this section is a misdemeanor. MCA. 20-25-107.
NebraskaThe agency is in charge of authorizing institutions with a physical presence. "Establishing a physical presence means: o Offering a course for college credit or a degree program in this state that leads to an associate, baccalaureate, graduate, or professional degree, including: o Establishing a physical location in this state where a student may receive synchronous or asynchronous instruction; or o Offering a course or program that requires students to physically meet in one location for instructional purposes more than once during the course term; or o Establishing an administrative office in this state. Physical presence does not include: An educational experience arranged for an individual student, such as a clinical, practicum, residency, or internship; or any of the following: o Course offerings on a military installation solely for military personnel or civilians employed on such installation; o Course offerings in the nature of a short course or seminar if instruction for the short course or seminar takes no more than twenty classroom hours; or o Courses offered online or through the United States mail or similar delivery service which do not require the physical meeting of a student with instructional staff." See Recently passed legislative Bill 637 at http://nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB637.pdf
Nebraska ContinuedNebraska Administrative Code Title 92 Chapter 41 003 Education and Schools Exempted. No entity of whatever kind, alone or in concert with others, shall operate, in the State of Nebraska, a private postsecondary career school which is not exempt unless the school has a currently valid authorization to operate. Nebraska Administrative Code Title 92 Chapter 41 002.22 Private Postsecondary Career School means any organization or business enterprise which is not specifically exempt under the Act, which offers courses or subjects for which tuition is charged, and at the place of business where a course of instruction is available through classroom instruction, home study, or both to a person for the purpose of training, preparing, or improving the person for an occupation even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature. Nebraska Administrative Code Title 92 Chapter 41 002.19 Offer shall include, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform a described act.
Nevada"The Commission is the sole authority for licensing a postsecondary educational institution. Any person who operates or claims to operate such an institution must be licensed by the Commission. The Administrator may require any person who operates or claims to operate such an institution to furnish information which will allow the Commission to determine whether a license is required." NRS. 394.415 “Operate” means to establish or maintain any facility in this state from or through which education or educational credentials are offered or granted, and includes contracting with any person, group or entity for the purpose of providing education or educational credentials. NRS 394.091 Agent’s permit.1. No person representing a private postsecondary institution located in Nevada or operating from a place of business in this State may, except within the premises of that school, solicit or sell any course for a consideration or remuneration in Nevada unless he first secures a permit from the Commission.2. No person representing a private postsecondary institution located outside Nevada may solicit or sell any course in Nevada unless he first secures a permit from the Commission. NAC 394.460 Advertising restrictions: See http://www.leg.state.nv.us/NAC/NAC-394.html#NAC394Sec150
New Hampshire"Institutions excluded from commission jurisdiction shall be as follows... (b) an out of state institution with no physical presence in the state of New Hampshire that is accredited by a regional or national agency recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or both that: (1) Offers credit bearing courses, programs, and/or degrees exclusively by online computer delivery in which the server is located outside of this state, including online instructors residing in this state that do not physically meet with students; (2) Sends recruiters to college fairs or advertises in this state; (3) partners with an approved New Hampshire institution to provide credit to New Hampshire college and university students enrolled in study abroad experiences or other special study activities; or (4) Contracts with a New Hampshire entity that does not directly develop or deliver instruction. POS 1001.01 "Physical presence shall be determined by a N.H. telephone exchange or post office box mail drop, or if advertising/mentoring or instruction in person is taking place inside the boundaries of the state of New Hampshire" POS 1001.02
New Jersey"Out-of-state institutions (see N.J.A.C. 9A:1-5) that wish to offer credit-bearing distance learning with a physical presence in New Jersey must first be licensed by the Commission, with advice from the President's Council, to offer specific courses or degree programs. N.J.A.C. 9A:1-7.5 "Physical Presence" means that an entity offers credit-bearing courses or conducts some portion of the learning experience at a location established in New Jersey by the entity, whether established directly or under the auspices of another entity or an institution." N.J.A.C. 9A:1-1.1 Authority
New Jersey Continued"(a) The Commissioner shall issue certificates of approval to private vocational schools pursuant to this chapter. (b) A private vocational school, out-of-State private vocational school or correspondence school shall: 1. Submit an application for a certificate of approval to operate.... N.J.A.C. § 12:41-3.1. "Private vocational School" means a business enterprise operated for either profit or non-profit which does business in New Jersey and which recruits adult students from the general public; charges tuition and/or other fees; offers instruction to a group or groups of four or more adult students at one time; and offers preparatory instruction for entry level employment or for upgrading in a specific occupational field. "A marketing representative of an out-of-State private vocational school or correspondence school shall register with the commissioner and shall pay an annual fee according to N.J.S.A. 18A:69-6.1" N.J.A.C. § 12:41-3.1
New MexicoPublic institutions; "The board of educational finance [commission on higher education] shall be responsible for the approval of courses offered in New Mexico by nonproprietary out-of-state institutions" NMSA 21-25-1; "Nonproprietary out-of-state institution means a public, out of state institution, school or similar academy offering a course or courses of instruction to any student within this state." NMSA 21-52-2 "Provisions of this act [21-25-1 to 21-25-5 NMSA 11978] shall not apply to correspondence courses offered through the mail by nonproprietary out-of-state institutions... NMSA 21-25-4. Private Institutions: "A career school or nonregionally accredited college or university operating in New Mexico Shall be licensed by the commission..." NMSA 21-23-6.1 " Every college or university operating in New Mexico that is regionally accredited or seeking regional accreditation by an accrediting agency approved by the commission shall register with the commission. College or university means a private post-secondary educational institution offering a formal educational curriculum in New for a fee to members of the general public... terminating in a baccalaureate, master's or doctoral degree..." NMSA 21-23-3. Agency Response: "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." This standard was not found in codified form.
New York“No private school or computer training facility which charges tuition or fees for instruction and which is not exempted hereunder shall be operated by any person or persons, firm, corporation, or private organization for the purpose of teaching or giving instruction in any subject or subjects, unless it is licensed or registered by the department…” New York Education Law § 5001
New York Continued“No institution in this State shall confer any honorary or other degree unless so authorized by its charter or by authorization of the Regents. No charter shall authorize an institution to confer any degree on requirements lower than those fixed by the department as the minimum for that degree. The commissioner shall make regulations for the conferring of degrees, and no institution shall confer a degree except in accordance with such regulations. Degrees shall be limited to those approved by the Regents in section 3.50 of this Part.” 8 CRR-NY 3.46 See agency statements in adjacent cell
North Carolina"Any institution legally operating in another state that wishes to conduct post-secondary degree activity in North Carolina is to apply in the same manner for a license to conduct activity… as an institution located in North Carolina" Rules and Standards for Licensing Nonpublic Institutions to Conduct Post-Secondary Degree Activity in North Carolina; IV. Standard 3. L "Any of the following is "post-secondary degree activity"; 1. Awarding a post-secondary degree. 2. Conducting or offering study, experience, or testing for individual or certifying prior successful completion by an individual of study, experience, or testing, under the representation that the individual successfully completing the study, experience, or testing will receive credit, at least in part, toward a post-secondary degree.... An institution undertakes post-secondary degree activity in this state when it commences the activity by: a. Use of employees or agents within North Carolina; or b. Transmission, presentation, or dissemination of information over or through electronic equipment that is located in North Carolina and owned, leased, rented licensed or otherwise reserved for use by the institution; c. Use of real property or facilities that are located in North Carolina and owned, leased, rented, licensed, or otherwise reserved for use by the institution; or d. Agreement with a third party to transmit, present, or disseminate information on behalf of the institution through any of the means described in a, b, or c, above. Definitions.
North Carolina“Any person or persons operating a proprietary school with an enrollment of more than five persons in a school in the State of North Carolina shall obtain a license from the North Carolina State Board of Community Colleges except as exempt by G.S. 115D-88. 23” SBCCC 03A .0101(c) “"Proprietary school" means any business school, trade school, technical school, or correspondence school which: (A) Offers postsecondary education or training for profit or for a tuition charge or offers classes for the purpose of teaching, for profit or for a tuition charge, any program of study or teaching one or more of the courses or subjects needed to train and educate an individual for employment; and (B) has any physical presence within the State of North Carolina; and (C) is privately owned and operated by an owner, partnership or corporation.” 23 SBCCC 03A .0101(b)6
North DakotaProhibition. A person, group, or entity of whatever kind, alone or in concert with others, may not: 1. Operate, in this state, a postsecondary educational institution not exempted from the provisions of this chapter, unless said institution has a currently valid authorization to operate issued pursuant to the provisions of this chapter. 2. Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, at a facility or location in this state unless such person, group, or entity observes and is in compliance with the minimum standards and criteria established by the board pursuant to subsection 1 of section 15-20.4-03, and the rules and regulations adopted by the board pursuant to subsection 6 of section 15-20.4-03 3.Use the term "university", "institute", or "college" without authorization to do so from the board.4. Grant, or offer to grant, educational credentials, without authorization to do so from the board. North Dakota Statute 15-20.4-05. "To operate" an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from, or through which, education is offered or given, or educational credentials are offered or granted, and includes contracting with any person, group, or entity to perform any such act. North Dakota Statute 15-20.4-02. Exemptions. The following education and educational institutions are exempted from the provisions of this chapter: …12. Postsecondary educational institutions not operating in this state.13. Institutions whose only physical presence in this state consists of students enrolled in practicums, internships, clinicals, or student teaching in this state. North Dakota Statute 15-20.4-02.
OhioCurrent statutory and regulatory law does not define physical presence, but simply purports to regulate those who seek to provide education which culminates in or is applicable toward a traditional collegiate degree. See ORC, 1713.01, 1713.02. The agency has created an informal policy with regard to physical presence, which it articulated in the SHEEO survey as follows; "Out-of-state institutions offering distance education programs to Ohio residents must seek authorization from the Chancellor if: The institution maintains a “brick and mortar” presence in Ohio; The online program contains a component (e.g., student teaching, clinical placement, practicum) that will be completed in Ohio; or The institution solicits Ohio residents for its programs (for-profit institutions only)."
Ohio Continued(A)(1) No program shall be established, offered, or given for a charge, fee, or other contribution; no certificate, diploma, degree, or other written evidence of proficiency or achievement shall be offered whether in a specified place, by correspondence, or any other means of communication, or awarded; and no student enrollment in such program shall be solicited through advertising, agents, mail circulars, or other means, until the person planning to offer or offering such program, certificate, diploma, or degree has obtained a certificate of registration and appropriate program authorization in accordance with section 3332.05 of the Revised Code. No school shall offer a baccalaureate, master’s, or doctoral degree program unless it has received a certificate of authorization from the Ohio board of regents and program authorization from the state board of career colleges and schools. ORC 3332.06 (C) “Program” means a course of study, whether offered in a specific place, by correspondence using the mails, or by any other means of communication, designed to prepare students for potential employment in a recognized vocation, occupation, or profession at the certificate, diploma, or degree level. ORC 3332.01
Oklahoma“….Out-of-state institutions nationally or regionally accredited, as noted in the preceding paragraph, offering courses and programs in Oklahoma via electronic technology are expected to adhere to the same high standards of program delivery as Oklahoma institutions subscribe. Therefore, out-of-state institutions are encouraged strongly to follow the standards of best practices in distance learning as detailed in the State Regents’ Electronically Delivered and Traditional Off-Campus Courses and Programs Policy. Institutions that offer courses and programs completely online, with no physical presence in Oklahoma, do not fall under the jurisdiction of this policy.” State Regents for Higher Education Policy 3.1.3 (B)
Oklahoma ContinuedA. It shall be unlawful to establish, conduct, operate or maintain a private school or to solicit or canvass for scholarships or tuition to a private school unless a license to operate such school has been issued by the Board and is in effect. The Board shall issue a private school license upon determination that such school meets the standards fixed by the Board. A private school shall be issued only one license, regardless of the number of locations operated by such school. 70 Okl. St. § 21-103 1. “Private school” means any privately owned business school, trade school, or other school offering courses in, to residents of, or correspondence courses from Oklahoma in any business, professional, trade, technical, or industrial occupation for consideration or remuneration…. 70 Okl. St. § 21-101 It shall be unlawful for any person, acting as an agent or representative of a private school giving resident instruction or instruction by correspondence, whether such private school be located inside or outside the State of Oklahoma, to canvass or solicit prospective students in the State of Oklahoma, except on the established and legal premises of said school, for the purpose of selling to such student any scholarship or tuition in the private school, or to take payment for the same in money, notes or other evidence of indebtedness, unless the private school has been licensed under Section 21-103 of this title, and unless a private school solicitor's permit for such purpose has been issued to such person. 70 Okl. St. § 21-104
Okalama Continued2
Oregon“(1) A school may not confer or offer to confer any academic degree upon a person, or provide services purporting to lead to a degree in whole or in part, without first obtaining approval from the Oregon Student Assistance Commission through the Office of Degree Authorization.” Oregon Revised Statute 348.606 “(1) These rules do not apply to a school that offers degrees or credits from outside of Oregon and is unassisted within the state, so that any concomitant learning or evaluation occurring within Oregon is accomplished exclusively through interstate communication (e.g., internet, mail, telephone, fax) in which the student acts entirely alone within this state.” Oregon Administrative Rule 583-030-0009 "Person assisting a school" means any person or organization helping the school or its students or clients by acting as educator or intermediary or provider of communication technology or by acting in any other way that helps the school offer or effectuate its services in Oregon, regardless of whether the person assisting has a contract or compensation. "Person assisting a school: includes but is not limited to: advertiser, recruiter, admissions agent, course registered, advisor , teacher, mentor, tutor, supervisor of an internship or practicum, occasional speaker, seminar leader, informal discussion leader, student host for group activity, evaluator, member of a thesis or study committee, publisher of educational materials, operator of a radio station, internet service provider or a cable or broadcast television station.” Oregon Administrative Rule 583-030-0015 (23)
Oregon Continued(13) Out-of-state schools: (a) Any private career school whose principal place of business is outside of Oregon shall obtain an Oregon private career school license whenever it maintains a physical presence in Oregon or when the Oregon occupational licensure board requires the school to be licensed; (b) The Superintendent may consider the following factors to determine whether a school has established a physical presence in Oregon: (A) Maintains an office in the state; (B) Conducts any part of the instructional program from or in the state, (C) Employs sales representatives, who reside or solicit students within the state; (D) Canvasses for prospective students within the state; (E) Operates career or information booths at fairs or other such public gatherings within the state; (F) Presents school information at high school career days within the state; or (G) Advertises in local media that originate in Oregon. Oregon Administrative Code 581-045-006 (13)(b))
Pennsylvania “(c)  Exclusive of community colleges, this chapter applies to an institution of postsecondary education, domestic or foreign, including both out-of-State and out-of-country, legally authorized to award college credits or grant degrees in this Commonwealth, and to an institution or chartering group applying for authorization. An entity is required to be approved as a postsecondary institution under this chapter to award college credits or grant degrees in this Commonwealth. An institution is prohibited by law to operate in this Commonwealth and award college credits or grant degrees unless legally authorized to do so. Provisions of Board regulations in this part that are in conflict with this chapter do not affect the applicability of this chapter unless specified by another provision of Board regulations in this part.” 22 Pa. Code § 31.1. (regulation).  “(e)  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. For combination programs, the residential portion of the program shall be offered on a regularly scheduled basis…” 22 Pa. Code § 31.1.
Puerto RicoPR Reorganization Plan No. 1 of July 26, 2010 defines operating in Puerto Rico as follows: “Article 3 (s): To operate in Puerto Rico: to offer in Puerto Rico degrees or courses for credits leading to degrees, diplomas, certificates, titles or other credentials regardless of where the courses are offered. (Note: unofficial translation)" (This was taken directly from the SHEEO survey responses) Other agency statements; "If the organization plans to have institutional units, centers, location or other sites in Puerto Rico, public and private institutions will be required a license"
Rhode Island“1) It shall be the policy of the Board of Governors for Higher Education that, so long as a provider of distance learning has no physical presence in Rhode Island, it will not be subject to Board of Governors regulations.”Policy On Distance Learning “Physical presence. A provider has a physical presence if: 1. it is physically located within the borders of Rhode Island; or 2. it maintains or sends within the borders of Rhode Island employees or paid representatives whose purpose is to conduct any activities, including, but not limited to the following: recruitment of students, advising of students, offering courses or programs, administration of examinations." Policy On Distance Learning“ Institution/program approval enables an institution to operate in Rhode Island and to offer the programs in the subject areas and at the certificate/degree levels proposed in the initial application.” Regulations Governing Institutions of Higher Education Operating in Rhode Island: Section II. A. 1. “Operate or Operating: Operating an institution includes: 1) establishing or maintaining within the borders of the state of Rhode Island a facility or location where instruction, student services or educational program administration are provided or postsecondary educational credentials are granted to persons in the state or to persons outside of the state; 2) contracting with any person, group, or entity to operate such an institution; or 3) the activities of persons owning an interest in, employed by, or representing for remuneration a postsecondary educational institution in or outside the state who, by solicitation made in the state: a) give counsel to, enroll or seek to enroll students for education offered by the institution; b) offer to award educational credentials for remuneration, on behalf of the institution; or c) who hold themselves out to persons in the state as representing a postsecondary educational institution for any purpose. (See full exemption for certain recruiting activities in Section VI: Exemptions.)” Regulations Governing Institutions of Higher Education Operating in Rhode Island: Definitions “Certain recruitment activities are exempted fully, such as the activities of representatives of regionally or nationally accredited institutions who come to Rhode Island to participate in college fairs, to meet with students in high schools or to meet with students and/or their parents in other group settings and who collect no fees during these activities are exempt from these regulations. Representatives of regionally or nationally accredited institutions who come to Rhode Island to recruit athletes under NCAA guidelines are also exempt from these regulations.” Regulations Governing Institutions of Higher Education Operating in Rhode Island: Section IV. A.
South Carolina(A) No nonpublic educational institution established in South Carolina or offering a course or program in South Carolina has the authority to operate, to solicit students for enrollment, or to confer degrees or other educational credentials unless a license is first secured from the Commission… Carolina Code of Laws 59-58-50 "Nonpublic educational institution" includes, but is not limited to, any educational entity operating or soliciting in South Carolina and is not owned or operated in whole or in part by the State of South Carolina offering resident or correspondence courses beyond the secondary school level to students upon the payment of tuition or fees. South Carolina Code of Laws 59-58-20. The definition of "nonpublic educational institution" does not include the following: … (14) Degree-granting institutions accredited by an accrediting agency recognized by the United States Department of Education that conduct occasional or incidental recruiting activities to include activities at high school recruiting fairs or through seasonal recruitment advertising rather than continuing and regular activities that would otherwise establish an actual presence in South Carolina as defined in this chapter. South Carolina Code of Laws 59-58-30. (17) “Operating or soliciting” refers to having actual presence within the State of South Carolina and includes for the purposes of application of this Chapter: (a) an instructional or administrative site within South Carolina whether owned, leased, rented, or provided without charge; (b) instruction whether theory or clinical originating from South Carolina utilizing teachers, trainers, counselors, advisors, sponsors, or mentors; (c) an agent, recruiter, in-state liaison personnel, institution, or business that solicits for enrollment or credits or for the award of an educational or occupational credential; and (d) advertising, promotional material, or public solicitation in any form that targets South Carolina residents through distribution or advertising in the state. South Carolina Code of Laws 59-58-20.
South Dakota“Nonaccredited institutions prohibited from offering postsecondary education credit or degree--Misdemeanor and civil penalty--Exception. No person or governmental entity may offer postsecondary education credit or degree in South Dakota, or while organized under the laws of South Dakota, unless currently holding accreditation from an accrediting agency recognized by the United States Department of Education pursuant to 20 U.S.C. § 1099b as amended to January 1, 2009, as a regional or national institutional accrediting agency, or participating in any federal financial assistance program authorized by Title IV of the Higher Education Act of 1965 as amended to January 1, 2009…”  South Dakota Codified Laws 13-49-27.1.  
Tennessee(1) No entity may advertise, solicit, recruit, enroll or operate a postsecondary educational institution as given in the Act and these regulations until so authorized for operation in the state by affirmative vote of the Tennessee Higher Education Commission during a scheduled public meeting. (2) Depending upon the individual circumstance in reference to exemption categories, any of the following determining factors along with physical presence may qualify an operation for required authorization:(a) Operating under the definition of postsecondary educational institution as given in the Act and these regulations.(b) Issuance or award of any educational credential as given in TCA § 49-7-2003(7). (c) Fees and/or tuition charged, tracked or maintained on the books for instruction or training in a postsecondary educational institution or business operating as such. Agency Reg. 1540-01-02-.04 Physical presence” means actual presence within the state of Tennessee for the purpose of conducting activity related to: a postsecondary educational institution; an educational service; dissemination of educational credentials; enrollment; solicitation or advertising. Physical presence as further outlined for purposes of authorization shall include but not be limited to:1. An instructional site within the state.2. Instruction within or originating from Tennessee designed to impart knowledge with response utilizing teachers, trainers, counselors etc., or computer resources, or computer linking (e.g. internet), or any form of electronic telecommunications;3. Dissemination of an educational credential from a location within the state;4. An agent, recruiter, institution or business that solicits for enrollment or credits or for the award of an educational credential;5. Advertising, promotional material or public solicitation in any form that targets Tennessee residents or uses local advertising markets in the state for institutions seeking, holding or required to hold a certificate of authorization. Agency Reg. 1540-01-02-.03
Texas“(1) Exempt Institutions (A) An institution is exempt and does not need to receive permission from the Coordinating Board to offer distance education programs and courses to Texas students if it fulfills the following: (i) Accredited to offer degrees at a specific level by an accrediting agency recognized by the Coordinating Board or approved by a Texas state agency which authorizes the school's graduates to take a professional or career and technical state licensing examination administered by that agency; and (ii) No physical presence in the state as defined by §7.3 of this title (relating to Definitions).” Texas Administrative Code Title 19, Part 1, Chapter 7, Subchapter A, Rule § 7.14 (29) Physical Presence- (A) while in Texas a representative of the school or a person being paid by the school who conducts an activity related to postsecondary education, including for the purposes of recruiting students (excluding the occasional participation in a college/career fair involving multiple institutions or other event similarly limited in scope in the state of Texas), teaching or proctoring courses including internships, clinicals, externships, practicums, and other similarly constructed educational activities (excluding those individuals that are involved in teaching courses in which there is no physical contact with Texas students), or grants certificates or degrees; and/or (B) the institution has any location within the state of Texas which would include any address, physical site, telephone number, or facsimile number within or originating from within the boundaries of the state of Texas. Advertising to Texas students, whether through print, billboard, internet, radio, television, or other medium alone does not constitute a physical presence. Texas Administrative Code Title 19, Part 1, Chapter 7, Subchapter A, Rule § 7.3
Texas Continued“(1) "Career school or college" means any business enterprise operated for a profit or on a nonprofit basis that maintains a place of business within this state or solicits business within this state, that is not specifically exempted by this chapter, and:(A) that offers or maintains a course or courses of instruction or study; or (B) at which place of business such a course or courses of instruction or study are available through classroom instruction or by distance education, or both, to a person for the purpose of training or preparing the person for a field of endeavor in a business, trade, technical, or industrial occupation, or for a vocational or personal improvement.” Texas Education Code Title 3 Subtitle G 132.001
Utah(1)(a) Unless an institution complies with Subsection (1)(b), the institution may not do any of the following in this state: (i) advertise a proprietary school; (ii) recruit students for a proprietary school; or (iii) operate a proprietary school. U.C.A. § 13-34-107. (10) “Proprietary school” means any private institution, including business, modeling, paramedical, tax preparation, or trade or technical school, other than a school exempted under this chapter, that offers postsecondary education: (a) in consideration of the payment of tuition or fees; and (b) for the attainment of educational, professional, or vocational objectives. U.C.A. § 13-34-103 (7) “Operate” in this state means to : (a) maintain a place of business in the state ; (b) solicit business in the state; (c) conduct significant educational activities within the state ; or (d) offer or provide postsecondary instruction leading to a postsecondary degree or certificate to any number of Utah residents from a location outside the state by correspondence or any telecommunications or electronic media technology. Utah Code Annotated U.C.A. § 13-34-103.
Vermont“(c) Requirements. A postsecondary school subject to this section shall:… (5) register with the department of education pursuant to state board rule… (e) Exemptions. The following are exempt from the provisions of this section…. (5) Programs of education offered solely via correspondence, the Internet, or electronic media, provided that the postsecondary school has no physical presence in Vermont. Evidence of a "physical presence" includes the existence of administrative offices, seminars conducted by a person who is physically present at the seminar location, the provision of direct services to students, and required physical gatherings.” 16 V.S.A. § 176a “Postsecondary school” means any person who offers or operates a program of college or professional education for credit or a degree.” 16 V.S.A. § 176
Virginia….B. A new postsecondary school must become certified to operate prior to engaging in activities related to postsecondary education via telecommunications activity, mail correspondence courses, or at a site within the Commonwealth. 1. The determination for certification of telecommunications activities or mail correspondence courses may be based upon, but not limited to, physical presence…. 8 VAC 40-31-120. "Telecommunications activity" means any course offered by a postsecondary school or consortium of postsecondary schools where the primary mode of delivery to a site is television, videocassette or disc, film, radio, computer, or other telecommunications devices. 8 VAC 40-31-10. "Postsecondary school" or "school" means any entity offering formal instructional programs with a curriculum designed primarily for students who have completed the requirements for a high school diploma or its equivalent. Such schools include programs of academic, career-technical, and continuing professional education, and exclude a vocational and adult basic education programs. For the purposes of this chapter, a "postsecondary school" shall be classified as either an institution of higher education as defined in this section or a noncollege degree school, as defined in this section. 8 VAC 40-31-10.
Washington “A degree-granting institution shall not operate, conduct business, grant or offer to grant any academic courses or degree programs unless the institution has obtained authorization from the board, been granted a waiver of the requirements of authorization, or been determined by the board to be exempt....” WAC 250-61-020     (21) "To operate" means but is not limited to the following: (a) Offering courses for academic credit at any Washington location or via distance learning from a Washington location. (b) Granting or offering to grant degrees in Washington for credit obtained within or outside the state. (c) Maintaining or advertising a Washington location, mailing address, telecommunications number or internet server for any purpose or any other function of a degree-granting institution, other than contact with the institution's former students for any legitimate purpose related to their having attended. (d) Advertising, promoting, publicizing, soliciting or recruiting for the institution or its offerings that is targeted specifically at Washington citizens, excluding multi-institutional college fairs. WAC 250-61-050
Washington Continued“Any entity desiring to operate a private vocational school shall apply for a license to the agency on a form provided by the agency…” RCW 28C.10.060 "Private vocational school" means any location where an entity is offering postsecondary education in any form or manner for the purpose of instructing, training, or preparing persons for any vocation or profession. RCW 28C.10.020 "To offer" includes, in addition to its usual meanings, to advertise or publicize. "To offer" also means to solicit or encourage any person, directly or indirectly, to perform the act described.” RCW 28C.10.020 "To operate" means to establish, keep, or maintain any facility or location where, from, or through which education is offered or educational credentials are offered or granted to residents of this state, and includes contracting for the performance of any such act.” RCW 28C.10.020
West Virginia6.2. All private colleges and private proprietary schools, with the exception of correspondence, business, occupational, and trade schools as defined in Series 35, Correspondence, Business, Occupational and Trade Schools, of the Council for Community and Technical College Education, offering degrees not above the associate level shall register with the Council, shall meet the authorization criteria, and shall be granted authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services.6.5. CRS §135-20-6.2 Authorization is limited to those institutions that deliver instruction in West Virginia and have a physical presence in West Virginia. CSR §135-20-6.5 “Physical Presence” means an institution employs in West Virginia any person or persons for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or any other activity on behalf of the sponsoring organization. Such activity would include advertising, promotional material, or public solicitation in any form that targets West Virginia residents through distribution or advertising in the State. In addition, the institution has physical presence in West Virginia if it delivers, or plans to deliver, instruction in West Virginia, and receives assistance from any other organization within the state in delivering the instruction, such as, but not limited to, a cable television company or a television broadcast station that carries instruction sponsored by the institution.” CSR §135-20-3.8
West Virginia Continued“No entity may advertise, solicit, recruit, enroll, or operate a post-secondary education institution until it is authorized for operation in the state of West Virginia by the Higher Education Policy Commission.” CSR §133-20-6.1 “Authorization is limited to those institutions that deliver instruction in West Virginia and have a physical presence in West Virginia.” CSR §133-20-6.11 “Physical presence” means an institution, wherever domiciled or having its principal place of business, employs in West Virginia any person or persons for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or any other activity on behalf of the sponsoring organization. Such activity would include advertising, promotional material, or public solicitation in any form that targets West Virginia residents through distribution or advertising in the State. In addition, the institution has physical presence in West Virginia if it delivers, or plans to deliver, instruction in West Virginia, and receives assistance from any other organization within the state in delivering the instruction, such as, but not limited to, a cable television company or a television broadcast station that carries instruction sponsored by the institution.” CSR §133-20-3.11
WisconsinAgency statement contained within SHEEO survey response "Physical presence is not a determinant. Under s.38.50 (2), Wis. Stats., “[t]he board shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state…” Therefore, if an institution enrolls a Wisconsin resident in an online program, it must obtain EAB approval."
Wyoming“Except as provided by subsection (b) of this section, all trade, correspondence, distance education, technical, vocational, business or other private schools which are located within the state or have their principal place of business out of state but are doing business in the state, shall be licensed under this article before operating or doing business in this state.” WY St. 21-2-401(a) “Any private degree granting post secondary education institution shall prior to operating or doing business in this state or continuing to operate or do business in this state, notify the department of education pursuant to W.S. 21-2-402(f) or be registered with the department in accordance with this article. WY St. 21-2-401(b) “Agents of those schools or institutions specified under W.S. 21-2-401(a) or (b) who operate in the state and agents employed to solicit resident students by schools or institutions located outside the state which are similar to schools or institutions specified under W.S. 21-2-401(a) or (b), shall be licensed under this article before soliciting students and representing schools or institutions in this state.” WY St. 21-2-403

Physical Presence Standard and Applicable Statute/Regulation

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  • This is a second test.
    Posted 2012-02-03 06:12:15 by Russell Poulin
  • This is a practice comment. Looks like a great tool.
    Posted 2012-02-03 06:11:06 by Russell Poulin

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