More Information About State Authorization

Final Federal Regulations for State Authorization became effective on July 1, 2020. Click a regulation below to find a summary and a link to the corresponding Electronic Code of Federal Regulations.

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34 CFR 600.9 (c) Link to Electronic Code of Federal Regulations

State Authorization for Distance Education

  • If an institution offers postsecondary education through distance education to students located in a State in which the institution is not physically located or in which the institution is otherwise subject to that State's jurisdiction as determined by that State, the institution must meet any of that State's requirements for it to be legally offering postsecondary distance education or correspondence courses in that State. [(c)(1)(i)]
  • The institution must, upon request, document the State's approval to the Secretary. [(c)(1)(i)]

Student Location

  • An institution must make a determination, in accordance with the institution's policies or procedures, regarding the State in which a student is located, which must be applied consistently to all students. [(c)(2)(i)]
  • The institution must, upon request, provide the Secretary with written documentation of its determination of a student's location, including the basis for such determination. [(c)(2)(ii)]
  • An institution must make a determination regarding the State in which a student is located at the time of the student's initial enrollment in an educational program and, if applicable, upon formal receipt of information from the student, in accordance with the institution's procedures, that the student's location has changed to another State. [(c)(2)(iii)]

As it Relates to USF

34 CFR 668.43 (a) (5) (v) Link to Electronic Code of Federal Regulations

Public Notifications for Programs Leading to Professional Licensure or Certification for All Modalities

(a) Institutional information that the institution must make readily available to enrolled and prospective students ... (5) The academic program of the institution, including ... (v) If an educational program is designed to meet educational requirements for a specific professional license or certification that is required for employment in an occupation, or is advertised as meeting such requirements, information regarding whether completion of that program would be sufficient to meet licensure requirements in a State for that occupation, including

  • (A) A list of all States for which the institution has determined that its curriculum meets the State educational requirements for licensure or certification;
  • (B) A list of all States for which the institution has determined that its curriculum does not meet the State educational requirements for licensure or certification; and
  • (C) A list of all States for which the institution has not made a determination that its curriculum meets the State educational requirements for licensure or certification;

As it Relates to USF

34 CFR 668.43 (b) Link to Electronic Code of Federal Regulations

Institutional Information

The institution must make available for review to any enrolled or prospective student upon request, a copy of the documents describing the institution's accreditation and its State, Federal, or tribal approval or licensing. The institution must also provide its students or prospective students with contact information for filing complaints with its accreditor and with its State approval or licensing entity and any other relevant State official or agency that would appropriately handle a student's complaint.

As it Relates to USF

34 CFR 668.43 (c) Link to Electronic Code of Federal Regulations

Individualized Notifications for programs Leading to Professional Licensure or Certification for All Modalities

Prospective Students

  • If the institution has made a determination that the program's curriculum does not meet the State educational requirements for licensure or certification in the State in which a prospective student is located, or if the institution has not made a determination regarding whether the program's curriculum meets the State educational requirements for licensure or certification, the institution must provide notice to that effect to the student prior to the student's enrollment in the program. [(c)(1)]
  • Disclosures must be made directly to the student in writing, which may include through email or other electronic communication. [(c)(3)(i)]

Currently Enrolled Students

  • If the institution makes a determination that a program's curriculum does not meet the State educational requirements for licensure or certification in a State in which a student who is currently enrolled in such program is located, the institution must provide notice to that effect to the student within 14 calendar days of making such determination. [(c)(2)]
  • Disclosures must be made directly to the student in writing, which may include through email or other electronic communication. [(c)(3)(i)]

Determining Student Location

  • An institution must make a determination regarding the State in which a student is located in accordance with the institution's policies or procedures, which must be applied consistently to all students. [(c)(3)(ii)(A)]
  • The institution must, upon request, provide the Secretary with written documentation of its determination of a student's location, including the basis for such determination. [(c)(3)(ii)(B)]
  • An institution must make a determination regarding the State in which a student is located at the time of the student's initial enrollment in an educational program and, if applicable, upon formal receipt of information from the student, in accordance with the institution's procedures, that the student's location has changed to another State. [(c)(3)(ii)(C)]

As it Relates to USF

  • USF programs that are intended to lead to licensure and certification provide direct, individual disclosures to students according to regulation 34 CFR 668.43 (c).
  • 2010: 34 CFR 600.9 (c) is released by US Department of Education (USED) and requires institutions to document approvals to serve students in each state.
  • April 2011: USED moves enforcement date to July 1, 2014 via Dear Colleague letter. 
  • July 2011: US District Court for the District of Columbia strikes down regulation (APSCU v Duncan and ED).
  • 2012: US Court of Appeals affirms USED's ability to issue regulation and upholds District Courts ruling to vacate the regulation. Federal deadline eliminated and states laws remain enforceable.
  • 2013: The National Council for State Authorization Reciprocity Agreements (NC-SARA) was established.
  • 2016: USED releases regulations for State Authorization of Postsecondary Distance Education, effective July 1, 2018.
  • February 2018: WCET, NC-SARA and DEAC co-author letter to USED expressing concerns about rules on state authorization.
  • May 2018: USED announces a two-year delay and to amend the regulations through negotiated rule-making.
  • August 2018: The National Education Association (NEA) files a lawsuit against USED regarding the delayed implementation.
  • April 2019: Members of the Negotiated Rulemaking Committee reach consensus on regulations. The Northern District of California court rules in the NEA's favor and enforcement of regulations 34 CFR 600.2 (reciprocity agreement), 600.9 (c) (authorization and complaint processes), 668.2, and 34 CFR 668.50 (public and individual disclosures) are planned to take effect May 26, 2019. 
  • May 2019: SAN and WCET submit letter to USED requesting reasonable process of implementation while protecting students. 
  • June 2019: USED releases proposed federal regulations and files notice of appeal of the decision of the US District Court. 
  • August 2019: USED considers California Complaint process acceptable.
  • November 2019: USED Announces final regulations on State Authorization, effective July 1, 2020. Certain regulations are subject to early implementation at the discretion of the institution.
  • July 2020: Final regulations on State Authorization become effective.

Source: State Authorization Network (SAN)