SARA Michigan Workshop on the Midwestern State Authorization

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SARA Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA) October 14, 2015

SARA Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA) October 14, 2015 Michigan Workshop on the Midwestern State Authorization Reciprocity Agreement (M-SARA) University Club, Michigan State University 1

ACKNOWLEDGEMENTS Today’s presentation is a collaborative effort between the following people and organizations: ØDaniel

ACKNOWLEDGEMENTS Today’s presentation is a collaborative effort between the following people and organizations: ØDaniel Hurley, Chief Executive Officer, Michigan Association of State Universities ØMichael Beamish, Manager, Postsecondary Education, Michigan Department of Licensing and Regulatory Affairs (LARA) ØJenny Parks, Director, Midwestern State Authorization Reciprocity Agreement ØMany, many other fine folks in Michigan 2

ACKNOWLEDGEMENTS The Michigan SARA workgroup is (was): ØDaniel Hurley, Chief Executive Officer, Michigan Association

ACKNOWLEDGEMENTS The Michigan SARA workgroup is (was): ØDaniel Hurley, Chief Executive Officer, Michigan Association of State Universities ØMike Beamish and Patricia Farrell-Cole were also extremely helpful before Dan came on board ØMichael Beamish, Manager Licensing and Regulatory Affairs ØMichael Hansen, President, Michigan Community College Association ØRobert Le. Fevre, President, Michigan Independent Colleges & Universities 3

ACKNOWLEDGEMENTS Special recognition to MHEC Commissioners and Commissioner Alternates from Michigan: ØDavid Eisler, President,

ACKNOWLEDGEMENTS Special recognition to MHEC Commissioners and Commissioner Alternates from Michigan: ØDavid Eisler, President, Ferris State University ØSteven Ender, President, Grand Rapids Community College ØKaren Mc. Phee, Senior Education Policy Advisor, Office of the Governor ØTonya Schuitmaker, President Pro Tempore and Chair of Higher Education Appropriations Subcommittee ØJim Tedder, Representative 4

ACKNOWLEDGEMENTS Your Michigan representative on the M-SARA Regional Steering Committee is Shellie L. Haut

ACKNOWLEDGEMENTS Your Michigan representative on the M-SARA Regional Steering Committee is Shellie L. Haut Director Licensure, Regulatory Services & Human Capital Central Michigan University 5

THIS MORNING’S PRESENTATION 9: 30 -11: 45 AM Part I: The History of State

THIS MORNING’S PRESENTATION 9: 30 -11: 45 AM Part I: The History of State Authorization Part II: What is SARA (State Authorization Reciprocity Agreement) and how might it help my institution? Part III: SARA Nationwide Update 6

PART I: The History of State Authorization 7

PART I: The History of State Authorization 7

The History of State Authorization There are two levels of concern: ØSTATE LAW ØFEDERAL

The History of State Authorization There are two levels of concern: ØSTATE LAW ØFEDERAL REQUIREMENTS 8

The History of State Authorization • State authorization laws have always been on the

The History of State Authorization • State authorization laws have always been on the books in most states (branch campuses, correspondence courses, etc. ) • All this changed around 1992…. 9

State Authorization: Basic Principles Basic Principle 1: If your institution is in one state

State Authorization: Basic Principles Basic Principle 1: If your institution is in one state and you are serving a student residing in another state, then you should check for authorization (also known as registration, exemption, etc. ). The legal burden of authorization is on the institution. 10

State Authorization: Basic Principles Basic Principle 2: There as many as 3 types of

State Authorization: Basic Principles Basic Principle 2: There as many as 3 types of authorization in each state: ØInstitutional – regulated by the H. E. Authorizing entity or entities. ØLicensure – regulated by the professional boards and possibly the H. E. authorizing entity or entities. ØBusiness – regulated by the Secretary of State 11

State Authorization: Basic Principles ØDespite these state laws, most institutions did not comply and

State Authorization: Basic Principles ØDespite these state laws, most institutions did not comply and most states did not look for non-compliance until: ØDEREGULATION OF FOR-PROFIT SCHOOLS ØEXPLOSION OF THE INTERNET AND ONLINE COURSEWORK 12

State Authorization: Basic Principles AND THEN THINGS BECAME A LITTLE MESSY… Institutional Closures Predatory

State Authorization: Basic Principles AND THEN THINGS BECAME A LITTLE MESSY… Institutional Closures Predatory Lending Worthless degrees Poor instruction Other abuses…. SO THE USDE PUBLISHED ITS PROGRAM INTERGRITY RULES ON OCTOBER 29, 2010 13

What is State Authorization of Distance Education? The Fundamentals 14 wcet. wiche. edu

What is State Authorization of Distance Education? The Fundamentals 14 wcet. wiche. edu

Fundamental #1: The Federal Regulation 34 CFR 600. 9 (a), (b), (c) – State

Fundamental #1: The Federal Regulation 34 CFR 600. 9 (a), (b), (c) – State Authorization In 2010 the Department of Education (USDOE) created new “program integrity” regulations. The “On Ground” Regulation Chapter 34, § 600. 9(a) and (b) States must: 1. Have a process in place to approve an institution that offers more than 50% of a program face to face in that state. 2. Have a complaint process for students The VACATED Distance Education Regulation Chapter 34, § 600. 9(c) Institutions must: 1. Be legally authorized to offer postsecondary education in any state where distance education students are located while receiving instruction 15 wcet. wiche. edu

Fundamental #2: The Vacated Regulation Chapter 34, § 600. 9(c) – No Current Enforceable

Fundamental #2: The Vacated Regulation Chapter 34, § 600. 9(c) – No Current Enforceable Federal Regulation of State Authorization of Distance Education July 2011 – US District Court vacated the regulation on procedural grounds June 2012 – U. S. Court of Appeals upholds the District Court ruling to vacate the regulation BUT upholds USDOE’s ability to re-issue § 600. 9(c) Today – November 9, 2015 1. There is NO enforceable Federal regulation for distance education authorization. 2. There is NO Federal deadline for distance education authorization. 3. USDOE has no timeline to re-issue § 600. 9(c). The federal regulation is “on pause”. 4. BUT what about the states themselves? ? ? 16 wcet. wiche. edu

Fundamental #3: The State Regulations have been in place all along and are enforceable!

Fundamental #3: The State Regulations have been in place all along and are enforceable! The 2 main challenges for institutions: 1. Knowing the requirements in each state a. Regulated activities vary by state b. Process for compliance varies by state c. Fees for compliance vary by state 2. Institutional analysis of out of state activities Including but not limited to: a. Where are the students? (online and field experiences) b. Where is the faculty? (those that teach remotely) c. Where is the institution recruiting? d. Where is the institution marketing? 17 wcet. wiche. edu

WICHE Cooperative for Educational Technologies (WCET) www. http: //wcet. wiche. edu/ 18 wcet. wiche.

WICHE Cooperative for Educational Technologies (WCET) www. http: //wcet. wiche. edu/ 18 wcet. wiche. edu

State Authorization Network (SAN) www. http: //wcet. wiche. edu/advance/state-authorization-network 19 wcet. wiche. edu

State Authorization Network (SAN) www. http: //wcet. wiche. edu/advance/state-authorization-network 19 wcet. wiche. edu

State Higher Education Executive Officers Association (SHEEO) www. sheeo. org/sheeo_surveys/ Example: 20 wcet. wiche.

State Higher Education Executive Officers Association (SHEEO) www. sheeo. org/sheeo_surveys/ Example: 20 wcet. wiche. edu

Fundamental #4: The Resources Secondary and Primary Sources to Guide the Institution to Compliance

Fundamental #4: The Resources Secondary and Primary Sources to Guide the Institution to Compliance State Authorization Network Support Organization – research, experts, networking SHEEO State Authorization Surveys of information for each state State Agency Websites Most links found in the SHEEO Surveys State Laws and Regulations Most links found in the SHEEO Surveys Other Important Federal Regulations – 34 CFR 602. 17 – Application of standards in reaching an accrediting decision 34 CFR 668. 43 – Institutional Information 34 CFR 668. 71 – Misrepresentation 21 wcet. wiche. edu

Contact Information Cheryl Dowd Director, State Authorization Network WCET - WICHE Cooperative for Educational

Contact Information Cheryl Dowd Director, State Authorization Network WCET - WICHE Cooperative for Educational Technologies 3035 Center Green Drive Boulder, CO 80301 303 -541 -0210 cdowd@wiche. edu 22 wcet. wiche. edu

Federal Regulation – Chapter 34, § 600. 9(c) What’s in the Future? ? Ø

Federal Regulation – Chapter 34, § 600. 9(c) What’s in the Future? ? Ø Ø Ø The federal regulation is probably coming back!!! It was part of Negotiated Rulemaking in Spring 2014 Important topics discussed included: Ø Exemptions Ø Complaint Processes (home state, institutional state, state of residence) Ø Military students Ø Reciprocity 23

State Regulations Question: Where can I find out about regulations in each state? Answer:

State Regulations Question: Where can I find out about regulations in each state? Answer: State Higher Education Executive Officers (SHEEO) provides a FREE listing of all state regulations: http: //www. sheeo. org/node/434 24

State Regulations ØWhat is in the SHEEO Survey? Ø Ø Ø Unit of analysis

State Regulations ØWhat is in the SHEEO Survey? Ø Ø Ø Unit of analysis is AGENCY, not state Over 70 agencies surveyed (50 states & 9 territories); scope was all state agencies authorizing all institutions in the US (not just online) SHEEO resource was created using agency write-ups in September 2011 – subsequent updates have been completed in 2012 and 2013 Provides contact information for each agency, including a directory of contacts across all agencies Provides information about regulations, rules, physical presence triggers, fees, applications and timelines 25

State Regulations: PHYSICAL PRESENCE TRIGGERS Physical Location Ø Administrative Office Ø Practical Experiences (clinical,

State Regulations: PHYSICAL PRESENCE TRIGGERS Physical Location Ø Administrative Office Ø Practical Experiences (clinical, student teaching) Ø Required Proctoring Ø Contracted Services Ø Having an Employee in a State Ø Direct Marketing Ø Localized Advertising Ø Employing a third party provider in the state Ø 26

State Regulations Ø What Does It Cost? ØThe fee for authorization varies widely among

State Regulations Ø What Does It Cost? ØThe fee for authorization varies widely among agencies, from $0 to $10, 000+ per agency. ØSome agencies require a fee for a waiver/exemption. ØThere can be other fees involved: ØSite Visit ØSurety Bond ØTuition Recovery Fund ØSome agencies require a fee for renewal. 27

State Regulations Ø What are the risks of non-compliance? ØCall from Regulator ØCease and

State Regulations Ø What are the risks of non-compliance? ØCall from Regulator ØCease and Desist Letter ØPublic Accountability ØStudent ability to work or be licensed in that state… ØPotential Lawsuit ØSpecial Case – The Maryland Letter 28

Final Thoughts Ø Ø Ø Why should we care about state authorization? ØBecause it

Final Thoughts Ø Ø Ø Why should we care about state authorization? ØBecause it is the law (State). ØIt protects students. Federal Regulations are probably coming back: ØCompliance window might not be long. Most of the components of state authorization are already covered by accreditation, Title IV eligibility, and are usually good practices. 29

PART II: What is SARA (State Authorization Reciprocity Agreement) and how might it help

PART II: What is SARA (State Authorization Reciprocity Agreement) and how might it help my institution? 30

THE CURRENT SYSTEM Institution (>4000 in the US) x 54 states/territories x number of

THE CURRENT SYSTEM Institution (>4000 in the US) x 54 states/territories x number of programs x number of students x number of clinical placements x amount of revenue COSTS TO INSTITUTIONS AND STUDENTS 31

THE SOLUTION A nation-wide system of reciprocity administered by the four existing regional higher

THE SOLUTION A nation-wide system of reciprocity administered by the four existing regional higher education compacts MHEC NEBHE WICHE SREB 32

THE SARA SYSTEM Institution x 1 state/territory x number of programs x number if

THE SARA SYSTEM Institution x 1 state/territory x number of programs x number if clinical placements x number of students x amount of revenue �REDUCED COSTS TO INSTITUTIONS AND STUDENTS 33

THE SARA SYSTEM R E D U C E D C O S T

THE SARA SYSTEM R E D U C E D C O S T S 34

NC-SARA INSTITUTIONAL FEES $2, 000/yr. for IHEs with under 2, 500 FTE $4, 000/yr.

NC-SARA INSTITUTIONAL FEES $2, 000/yr. for IHEs with under 2, 500 FTE $4, 000/yr. for IHEs with 2, 500 -9, 999 FTE $6, 000/yr. for IHEs with 10, 000 or more FTE *Based on 12 month unduplicated headcount as reported annually to IPEDS* *State Costs Vary* 35

STATE INSTITUTIONAL FEES http: //www. nc-sara. org/state-fees-regarding-sara 36

STATE INSTITUTIONAL FEES http: //www. nc-sara. org/state-fees-regarding-sara 36

MICHIGAN STATE FEES Ø $2000 initial application fee Ø $2000 annual fee Ø The

MICHIGAN STATE FEES Ø $2000 initial application fee Ø $2000 annual fee Ø The first time a school applies, the total cost to a school will be $4000 then $2000/year after that. 37

SARA PRINCIPLES Ø Consistency across the Nation *Regional compacts working together coordinated by National

SARA PRINCIPLES Ø Consistency across the Nation *Regional compacts working together coordinated by National Council for SARA (NCSARA) Ø Voluntary for states and institutions Ø Non-redundant and efficient Ø Trust between the states 38

SARA KEY ELEMENTS Consistent standards and procedures for ACADEMIC INTEGRITY Ø FINANCIAL RESPONSIBILITY Ø

SARA KEY ELEMENTS Consistent standards and procedures for ACADEMIC INTEGRITY Ø FINANCIAL RESPONSIBILITY Ø Ø Ø DATA collection and sharing Ø Ø “PHYSICAL PRESENCE” CATASTROPHIC CLOSINGS STUDENT COMPLAINT PROCESSES 39

ROLES OF DIFFERENT SARA LAYERS LARA (Michigan Department of Licensing and Regulatory Affairs) Ø

ROLES OF DIFFERENT SARA LAYERS LARA (Michigan Department of Licensing and Regulatory Affairs) Ø Ø Approves institutions for participation in SARA Hears and resolves appropriate student complaints that rise above the institutional process Investigates alleged institutional misbehavior Informs institutions about changes to SARA and best practices under SARA 40

ROLES OF DIFFERENT SARA LAYERS MHEC (Midwestern Higher Education Compact) Ø Ø Ø Approves

ROLES OF DIFFERENT SARA LAYERS MHEC (Midwestern Higher Education Compact) Ø Ø Ø Approves states for membership in SARA Investigates alleged state/portal agency misbehavior Hears and helps settle disputes between states regarding institutional jurisdiction Ø Supports and informs portal agencies Ø Offers support and training to institutions 41

ROLES OF DIFFERENT SARA LAYERS NC-SARA (National Council for State Authorization Reciprocity Agreements) Ø

ROLES OF DIFFERENT SARA LAYERS NC-SARA (National Council for State Authorization Reciprocity Agreements) Ø Ø Ø Coordinates the efforts of the four regional SARAs Develops and approves one consistent set of policies and standards Hears and helps settle disputes between regions regarding state and institutional jurisdiction Supports and informs portal agencies Takes institutional fees and distributes them among the regions to optimize SARA work nationally 42

HOW SCHOOLS BENEFIT FROM SARA PARTICIPATION Ø Ø Spend less money on compliance efforts

HOW SCHOOLS BENEFIT FROM SARA PARTICIPATION Ø Ø Spend less money on compliance efforts (personnel, legal advice, fees, site visits, etc. ) Offer more courses and programs to more students in more states and territories Better risk management Especially helpful with on-line programs and clinical internships 43

HOW DOES A SCHOOL APPLY TO PARTICIPATE IN SARA? � Institutions every state apply

HOW DOES A SCHOOL APPLY TO PARTICIPATE IN SARA? � Institutions every state apply using the same application in 44

THE MICHIGAN APPLICATION IS ALL ON-LINE Ø https: //www. michigan. gov/documents/lara/PPS 030_7 -15_495241_7. pdf

THE MICHIGAN APPLICATION IS ALL ON-LINE Ø https: //www. michigan. gov/documents/lara/PPS 030_7 -15_495241_7. pdf 45

PART III: Nationwide SARA Update 46

PART III: Nationwide SARA Update 46

STATES THAT HAVE ALREADY JOINED SARA = 29 Pending Applications 2015 • • •

STATES THAT HAVE ALREADY JOINED SARA = 29 Pending Applications 2015 • • • Maine Rhode Island Texas Georgia Maryland Mississippi Maybe in 2015 • South Carolina • Alabama 47

SARA UPDATES FOR STATES http: //www. nc-sara. org/content/sara-state-status 48

SARA UPDATES FOR STATES http: //www. nc-sara. org/content/sara-state-status 48

ALMOST 500 INSTITUTIONS HAVE JOINED http: //nc-sara. org/states/mi 49

ALMOST 500 INSTITUTIONS HAVE JOINED http: //nc-sara. org/states/mi 49

HELPFUL LINKS Ø Ø National accreditation http: //www 2. ed. gov/admins/finaid/accredi tation_pg 6. html

HELPFUL LINKS Ø Ø National accreditation http: //www 2. ed. gov/admins/finaid/accredi tation_pg 6. html Financial responsibility http: //studentaid. ed. gov/about/datacenter/school/composite-scores Program Integrity Rules http: //www. gpo. gov/fdsys/pkg/FR-2010 -1029/pdf/2010 -27395. pdf DOD http: //www. militaryonesource. mil/voluntaryeducation? content_id=274604 50

MORE INFORMATION Ø Ø NC-SARA Website www. nc-sara. org Regional Education Compacts: ØMHEC –

MORE INFORMATION Ø Ø NC-SARA Website www. nc-sara. org Regional Education Compacts: ØMHEC – http: //www. mhec. org/sara ØNEBHE – http: //www. nebhe. org/programsoverview/sara/overview/ ØSREB – www. sreb. org/sara ØWICHE – http: //www. wiche. edu/sara 51

REGIONAL SARA CONTACTS Sandra J. Doran, Esq. Director, N-SARA NEBHE 45 Temple Place Boston,

REGIONAL SARA CONTACTS Sandra J. Doran, Esq. Director, N-SARA NEBHE 45 Temple Place Boston, MA 02111 617. 533. 9524 sdoran@nebhe. org www. nebhe. org John Lopez, Ph. D. Director, W-SARA WICHE 3005 Center Green Drive, Suite 130 Boulder, CO 80301 303. 541. 0277 jlopez@nc-sara. org www. wiche. edu Mary A. Larson, M. Ed. Director, S-SARA SREB 592 10 th Street N. W. Atlanta, GA 30318 -5776 404. 875. 9211 ext. 219 mary. larson@sreb. org www. sreb. org Jennifer L. Parks, M. A. Director, M-SARA MHEC 105 Fifth Avenue South, Suite 450 Minneapolis, MN 55401 612. 287. 5131 jennyp@MHEC. org www. mhec. org 52

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