Compare Agency vs Distance Educators Regulated, All Without Regard to Physical Presence vs Distance Educators Regulated, Only Those with a Physical Presence vs Type of Institution Regulated by the Agency: Public Degree Granting Inst. vs Type of I...
Nombre | Agency | Physical Presence Standard and Applicable Statute/Regulation | Distance Education Regulated, Only Those with a Physical Presence | Distance Education Regulated, All Without Regard to Physical Presence | Type of Institution Regulated by the Agency: Public Degree Granting Inst. | Type of Institution Regulated by the Agency: Private Degree Granting Inst. | Type of Institution Regulated by the Agency: Non-Degree Granting/Occupational Schools | Trigger: Employing FT faculty in the state | Trigger: Employing full-time faculty in the state to provide instruction via distance education programs to students in the state | Trigger: Presence of Staff/in state employees (other than recruiters) an express trigger per located statutory language. | Trigger: 3rd Party Agreements/Contract: Employing mentors, tutors, or preceptors in the state who are residents of the state on an individual basis. | Trigger: 3rd Party Agreements/Contract: Proctored exams with an entity in the state chosen by the student but approved by the institution | Trigger:3rd Party Agreements/Contract: Having an agreement between the institution and in-state institutions/entities to provide students services. | Trigger: Classroom Activities: Hosting in state short term seminars or conferences where Students Meet Face to Face in the state | Trigger: Classroom Activities: Allowing a student to complete an internship, clinicals, etc. organized by the institution or found by the student. | Trigger: Recruiting Activities: on-the-ground recruiting of students by the inst. | Trigger: Recruiting Activities: Agent recruiting students on the state on an occasional basis (i.e. at job fairs) | Trigger: Advertising: Advertising in national media sources that can be accessed by residents of the state | Trigger: Advertising: Advertising in local media sources that are largely viewed by residents of the state? | Trigger: Institutional Property In State: Servers or other equipment located in state | Trigger: Institutional Property in State: Statutory/Regulatory Language located Expressly References Some physical location. | Trigger: In-State Correspondence: Statutory/Regulatory Language Located Expressly References mailing address as a trigger. | Trigger: In-State Correspondence: Statutory/Regulatory Language Located Expressly References telephone number as a trigger. | Trigger: Other: Statutory/Regulatory Language Located Expressly References Tax Forms: Providing W-2/1099 located in the state as a trigger. | Comments |
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| Alabama | Alabama Commission for Higher Education | x | x | x | x | ||||||||||||||||||||
| Alabama Continued | Alabama Department of Postsecondary Education | No 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; | x | x | x | ||||||||||||||||||||
| Alaska | Alaska Commission on Postsecondary Education | "presence of a facility, equipment, faculty or staff within the state." 20 AAC 17.900 (a) (12) | x | (exempt) | x | x | x | x | x | x | x | x | x (But not where employee of institution, as opposed to an "agent") | x | x | ||||||||||
| Arizona | Arizona State Board for Private Postsecondary Education | "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) | x | x | x ("in state") | x ("if a permanent location is used") | x ("Not if using AZ address or phone as the primary contact") | x | x | x | |||||||||||||||
| Arkansas | Arkansas Higher Education Coordinating Board | "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. | "Not Applicable" | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | ||||||||
| Arkansas Continued | Arkansas State Board of Private and Career Education | “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. | x | x | x | x | "it depends" | x | x | x | x | x | x | x | x | x | |||||||||
| California | Bureau for Private Postsecondary Education | "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. | x | x (Agency did not respond. See information in SHEEO survey ) | x (Agency did not respond. See information in SHEEO survey ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | ||||||||
| Colorado | Colorado Commission for Higher Education | "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 | x | x | x | (Agency requests notification of activities) | (Agency requests notification of activities) | (Agency requests notification of activities) | x | ||||||||||||||||
| Colorado Continued | Division of Private Occupational Schools | Operate 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." | x | x | x | x | x | x | x | ||||||||||||||||
| Connecticut | Office of Financial and Academic Affairs for Higher Education | (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) | x | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | ||||||||
| Delaware | Delaware Department of Education | 2.1 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. | X | X | X | x "If in a classroom setting" | x | x | x | See agency statements in SHEEO Compendium | |||||||||||||||
| DC | Education Licensure Commision | "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. | x | x | x | x | x | x | "not addressed" | "not addressed" | x | x | x | x | x | x | "not addressed" | x | |||||||
| Florida | Commission for Independent Education | "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 | x | x | x | x | x | x | x "These agents must be licensed by the Commission" | x | x | x | x | ||||||||||||
| Georgia | Nonpublic Postsecndary Education Commission | See; gnpec.org/... | x | x (Agency did not respond. See information in SHEEO survey ) | x (Agency did not respond. See information in SHEEO survey ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x (see link in adjacent cell) | x (see link in adjacent cell) | x (see link in adjacent cell) | |||||
| Hawaii | Hawaii Department of Education | This 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 | x (see comments) | x (Agency did not respond. See information in SHEEO survey ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | 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 | ||||||||
| Idaho | Idaho State Board of Education | "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 | x | x | x | x | x | x ("Grey Area" according to agency.) | x "Maybe" | 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. | |||||||||||||||
| Illinois | Illinois Board of Higher Education | Parties 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 ibhe.org/... | x | x | x | x | "depends upon the nature of the agreement. Institutions are required to submit the information to the board for a determination" | x (must not be more than 10% of coursework ; see SHEEO survey response and limited physical presence requirement) | x (must not be more than 10% of coursework ; see SHEEO survey response and limited physical presence requirement) | x | x | ||||||||||||||
| Illinois Continued | Illinois State Board of Education | Agency Statement in SHEEO survey response; "The IHE or its parts are physically located on Illinois soil. This is based on based common practice." | x | x | "Not so far" | "No answer provided" | x | See agency statements in SHEEO Compendium | |||||||||||||||||
| Indiana | Indiana Commission on Proprietary Education (ICOPE) | Not found; | x | x | x | x | x | x | x | See agency statements in SHEEO Compendium | |||||||||||||||
| Iowa | Iowa College Student Aid Commission | "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." | x | x | x "Unless the school does not offer any distance education course/program to Iowa Residents. | x | x ("Yes, if the school compensates the mentor/tutor/preceptor") | "It depends- contact the Postsecondary Registration Administrator" | x ("Yes, if the school compensates a person to conduct the seminar/activity") | x | x | x "All recruitment activities in Iowa for distance education programs necessitate registration" | "It depends. Contact Postsecondary Registration administrator for registration implications" | "It depends. Contact Postsecondary Registration administrator for registration implications" | x | x (Mailing Address) | x | 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 iowacollegeaid.gov/... 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 | |||||||
| Kansas | Kansas Board of Regents | "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" | x | x | x | x | x | x | x | x | "It depends on the totality of factors present." | x | "It depends. If that was the only trigger, no, but if it was this, plus other activity, Yes." | x | x | x (if coupled with other in-state activities) | x | x | 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 | Kentucky Council on Postsecondary Education | Licensure 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. | x | x | x | x | "In general, our consumer protection is for Kentucky students. Please contact Sarah Levy to make sure we understand the details of this scenario" | x | x | "Please contact CPE to discuss details" | x | "Please contact CPE to discuss details" | x | x | x | x | "Please contact CPE to discuss details" | x | |||||||
| Kentucky Continued | State Board for Proprietary Education | (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. | ? (see comment) | ? (see comment) | x (If below the Bachelor's Degree level, Agency did not respond. See information in SHEEO survey ) | x (Agency did not respond. See information in SHEEO survey ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | The agency did not respond to the SHEEO survey. Nor was any interpretation/definition of "conduct operate, maintain or establish" located. | ||||||
| Louisiana | Board of Regents | "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 | x | x | x | x | x (if generates credit) | x | 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 | ||||||||||||||||
| Maine | Maine Department of Education, Office of Higher Education | Not found | x | x | x | x | x | x | x | x | x | x (According to agency, where "they are managed/maintained by a state resident in the employ of the institution") | 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 | ||||||||||||
| Maryland | Maryland Higher Education Commission | (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 | x | x | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x | This agency responded to the SHEEO survey but did not answer the "physical presence" requirement. Note also the distance education exception. | |||||
| Massachusetts | Board of Higher Education | Section 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, | x | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | 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 | Michigan Department of Licensing and Regulatory Affairs | Not Found | x | x | x (which are not public) | "Case by case determination but generally no" | "Case by Case evaluation" | No; See; michigan.gov/... | x (permit required where institution has below baccalaureate degree authority in home state) | x (permit required where institution has below baccalaureate degree authority in home state) | x | x (agency self describes as utilizing a "brick and mortar" analysis" 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. | ||||||||||||
| Minnesota | Minnesota Office of Higher Education | Degree 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 | x (non-degree granting schools with a physical presence must be "licensed") | x (all degree granting institutions must "register" whether public or private) | x | x | x | "No answer provided" | x | x | x | x | x | x | x | x | x | 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. | |||||||
| Mississippi | Mississippi Commission on College Accreditation | "...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). | x | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x (see reference to agency statements in comment cell) | x (see reference to agency statements in comment cell) | 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 & mississippi.edu/... | |||||
| Mississippi Continued | Commission on Proprietary School and College Registration | "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 | x | x (for profit institutions) | x (for profit institutions) | No Response | No Response | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x (if has a mailing address) | x | x | x | The agency did not provide responses to the individual physical presence question in the SHEEO survey. | ||
| Missouri | Missouri Department of Higher Education | “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. | x | x (some exemptions) | x | x (where contact occurs through Missouri address) | x (where contact occurs through Missouri address) | "Probably yes but it would depend on the nature and scope of the services provided by the Missouri-Based entity." | x "Yes but it would likely depend on the nature and scope of the activities" | x (According to agency, not where the internship etc. is found by the student acting independently.) | x | "Probably not depends upon the scope and nature of activities") | x | x | x | x | |||||||||
| Montana | Montana University System, Montana Board of Regents | Regulation 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. | x | x | x | 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 | Nebraska's Coordinating Commission for Postsecondary Education | The 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 nebraskalegislature.gov/... | x | x | x | x (if total more than 20 hours) | x | The adjacent Bill is immediately effective. | |||||||||||||||||
| Nebraska Continued | Nebraska Department of Education, Private Postsecondary Career Schools | Nebraska 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. | x | x (which award only up to associate's degrees) | x (private) | Not if "all instruction and communication with students is online..." | Ok as long as "this mentoring/tutoring is all done via email, phone, or through the mail." | "Not if all seminars or conferences are less than 16 hours in length" | x | x (agent permit required) | x ("Certificate of Approval to Recruit is required and Agent's permits.") | x | 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. | ||||||||||||
| Nevada | Nevada Commission on Postsecondary Education | "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 state.nv.us/... | x | x (see comment) | x (see comment) | x (see comment) | x | x (if at a maintained location "through which educational credentials are granted or offered") | x | x | x | x | No Response | x | 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 Hampshire | Department of Educaiton, Division of Higher Education, Higher Education Commission | "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 | x | x | x | x | (If server is located outside of New Hampshire and no telephone exchange or mail, or advising/mentoring or instruction is taking place within New Hampshire) | (If server is located outside of New Hampshire and no telephone exchange or mail, or advising/mentoring or instruction is taking place within New Hampshire) | x | "It depends" | "No, if the institution 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" | x | x | x | x | x | |||||||||
| New Jersey | New Jersey Department of Education | "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 | x (Agency did not respond see information in SHEEO survey ) | x (Agency did not respond see information in SHEEO survey ) | x (Agency did not respond see information in SHEEO survey ) | x (Agency did not respond see information in SHEEO survey ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x | This agency did not respond to the SHEEO survey. | |||||
| New Jersey Continued | New Jersey Department of Labor and Workforce Development, Center for Occupational Employment Information | "(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 | x (Any institution which "does business in New Jersey") | x (see SHEEO survey) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | The agency did not respond to the SHEEO survey. No clarification of "does business in New Jersey" was found. | ||||||||
| New Mexico | New Mexico Higher Education Department | Public 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. | x | x | x | x | x | x | x | x | "Requires registration and authorization of the agents" | x | x | See Agency SHEEO Survey Response | See Agency SHEEO Survey Response | 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 | Bureau of Proprietary School Supervision | “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 | x | x | (Ok "unless school has an actual office in NYS") | (Ok "unless school has an actual office in NYS") | See Link In Comment | x | x | x | x | x | x ("Agents must be licensed as out-of-state recruiters") | x ("Agents must be licensed as out-of-state recruiters") | x | See Link In Comment | 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 nysed.gov/... for more comprehensive statements | ||||||||
| New York Continued | Office of College and University Evaluation | “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 | x (see comment) | x | x | No Response | No Response | See Link In Comment | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | See Link In Comment | “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 nysed.gov/... | |||||
| North Carolina | The University of North Carolina Board of Governors | "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. | x | x | x | x | x | x | x (If this activity is a component of a post-secondary credit-bearing course or program.) | x (differentiation between types of experiences. See SHEEO compendium response) | x | x | x | According to the agency; "unsolicited telephone recruiting calls constitute a physical presence trigger." See SHEEO survey response | |||||||||||
| North Carolina | Office of Proprietary Schools, North Carolina Community College System | “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 | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | 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 | State Board for Career and Technical Education | Prohibition. 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. | x | x | x | x | x | x | x | x (Possible exemption. See exemptions) | x | x | 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 | Ohio Board of Regents | Current 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)." | x | x | x "depends on nature of activity" | x "depends on nature of activity" | x | x (only "for-profit institutions soliciting residents for programs at or above the bachelor's level") | "Depends"; The agency evaluates these requests on an individual basis. | x (only "for-profit institutions soliciting residents for programs at or above the bachelor's level") | See agency statements in SHEEO Survey Response | ||||||||||||||
| Ohio Continued | Ohio State Board of Career Colleges and Schools | (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 | x | x (for profit) | x (not public) | x | x | x | The agency interprets 3332.06 to trigger approval requirements upon certain solicitation activities, and upon physical presence type factors. See ohio.gov/... | ||||||||||||||||
| Oklahoma | Oklahoma State Regents for Higher Education | “….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) | x | x | x | (unless Oklahoma students are included) | x | x | x ("if the onus is completely on the student…" and "no compensation awarded to the preceptor…") | x | x | Ok "as long as these activities are arranged by an out-of-state coordinator on the students' behalf" | x | (ok so long as doesn't specifically mention Oklahoma residents) | x | x (see agency statements referenced in Comment) | x (see agency statements referenced in Comment) | x (see agency statements referenced in Comment) | 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 Oklahoma Board of Private Schools | A. 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 | x (Agency did not respond. See information in SHEEO survey ) | x (Agency did not respond. See information in SHEEO survey ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | The agency did not respond to the SHEEO survey. | ||||||||
| Okalama Continued2 | Oklahoma Department of Career and Technology Education | x | x (Agency did not respond. See information in SHEEO survey, and comment ) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | 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" | |||||||||
| Oregon | Office of Degree Authorization | “(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) | x (there is an regulatory exemption for those who operate without in-state "assistance" | x | x | x | x | x | x | x | x | x | x | x | x | x | |||||||||
| Oregon Continued | Private and Career Schools Office | (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)) | x | x (private) | x | x | x (if providing instruction) | ("No, if all the in-state institution is providing is supplemental services and are not engaged in instruction.") | x ("Instructional Programs of 16 hours or less are exempt. Anything more than that must be licensed") | x | x | x | x | x (case by case basis) | x (an office or instruction facility) | x | |||||||||
| Pennsylvania | Pennsylvania Department of Education | “(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. | ? | ? | x | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | 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 state.pa.us/... This still begs the question whether one can provide education via 100% technology while not "operating." | |||||
| Puerto Rico | The Puerto Rico Council on Education | PR 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" | x | x | x | x | x | x | depends upon frequency | x ("If the activities are formally organized") not where found by student acting independently. | x (ok unless other trigger activities occur at server location) | x (see comment) | SHEEO survey is only guidance for those who do not speak Spanish. | ||||||||||||
| Rhode Island | Rhode Island Board of Governors for Higher Education | “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. | x | x | x | x ("Certificate Programs at post-associate level or above) See comments | If the activity falls within the following language: "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." See SHEEO survey response | If the activity falls within the following language: "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." See SHEEO survey response | x | x | If the activity falls within the following language: "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." See SHEEO survey response | x | x | If the activity falls within the following language: "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." See SHEEO survey response | x | x | x | 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 ribghe.org/... 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 | South Carolina Commission on Higher Education | (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. | x | x | x | x | More information required | x | x | x | x | "Possibly if identified to South Carolina" | x ("instructional or administrative sites") | 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 che.sc.gov/... at 59-58-20 | |||||||||||
| South Dakota | South Dakota Board of Regents | “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. | N/A (see comment) | N/A (see comment) | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | 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. | ||||||
| Tennessee | Tennessee Higher Education Commission | (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 | x | x | x | x | x | x | x | x "determined on a case-by-case basis" | x "case by case basis" | x | x | x (If agent enrolls student or accepts money, If follow up results in face to face meeting with an agent in Tennessee. Response to SHEEO survey) | x | x "determined on a case-by-case basis" | x | "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; tennessee.gov/... 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 | |||||||
| Texas | Texas Higher Education Coordinating Board | “(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 | x | x | x | No Response | No Response | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x | x | x | When the agency responded to the SHEEO survey this regulation was not yet in existence. | |||
| Texas Continued | Texas Workforce Commission | “(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 | x (where exempted from solicit or enroll trigger. Or not otherwise soliciting or enrolling Texas students. See comment) | x (all those who solicit or enroll) | x (which don't award bachelor's degrees and higher.) see exemptions Texas Education Code Title 3 Subtitle G 132.002 | x | Not if this is the only condition | Yes | x | (not alone, but if coupled with soliciting/enrolling Texans) | x | Depends: See clarification in SHEEO survey response | x (But exemption may apply, see comment) | x | x (if targets Texas/Texans) | x (But exemption may apply, see comment) | (not if only condition) | x | 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. | ||||||
| Utah | Utah Division of Consumer Protection | (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. | x ("Operate" includes correspondence and distance education. However, see comment for liberal exemptions) | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | x | 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. | |||||
| Vermont | Vermont State Board of Education | “(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 | x | x | x | (ok as long as no physical contact) | x | x | (Ok as long as proctoring is only service provided. See SHEEO survey response) | x | x | x (if institution provides mentor/supervisor with compensation. See SHEEO survey response) | "we have not encountered this yet to our knowledge and it is not addressed in our law." | x (administrative offices) | |||||||||||
| Virginia | State Council for Higher Education in 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. | x | x | x | x | "Agent would be required to obtain agent permit but school would not need to certify" | "Agent would be required to obtain agent permit but school would not need to certify" | x ("If server by which instruction is initiated") | x ("site within the commonwealth") | 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. | ||||||||||||||
| Washington | Washington Higher Education Coordinating Board | “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 | x | x | x | x (Not unless the faculty member is also meeting with students at a physical location and delivering instruction there.) | x (Not unless the faculty member is also meeting with students at a physical location and delivering instruction there.) | (ok as long as services don't include any form of instruction.) | x (But ok as long as doesn't last more than 3 calendar days. See SHEEO survey response) | x | x | x (unless at a "multi-institutional college fair") | x | x | x | x | x | ||||||||
| Washington Continued | Washington Workforce Training and Education Coordinating Board | “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 | x | x | x | x | x | x ("Only if the seminars are longer than three calendar days.") | x | x | x | x | x | x | |||||||||||
| West Virginia | West Virginia Council for Community and Technical College Education | 6.2. 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 | x | x (associate degrees and below) | x (associate degrees and below) | x | ("unless that faculty has direct contact with students in the state.") | x | x | x | x | x | x | x | x | x | x | ||||||||
| West Virginia Continued | West Virginia Higher Education Policy Commission | “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 | x | x (above the associate degree) | x (above the associate degree) | ("unless that faculty has direct contact with students in the state.") | x | x | x | x | x | x | x | x | x | x | |||||||||
| Wisconsin | Wisconsin Educational Approval Board | Agency 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." | x | x | x | ||||||||||||||||||||
| Wyoming | Wyoming Department of Education | “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 | ? | ? | x (see comment) | x | x | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No Response | No 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 wyoming.gov/... |
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This is a second test.
This is a practice comment. Looks like a great tool.