State Responses

State Responses


Direction: Each campus must submit an exemption request along with a $100 application fee.  The link to the appropriate form is in the text below.

Text of Message Received:

June 8, 2010
David Lavallee, Provost and Senior Vice Chancellor
State University of New York (SUNY)

Dear Provost and Senior Vice Chancellor Lavallee:

This is to acknowledge receipt of your of inquiry relative to Alaska institutional authorization requirements. As an institution delivering distance education instruction, potentially to Alaska residents, you are seeking clarification to assure compliance with Alaska law.

Out-of-state institutions with no physical presence in Alaska, as described below are required to apply for exemption from authorization to operate a postsecondary institution in Alaska. To do so, complete and submit the Application for Exemption from Authorization form which can be found at the following link: Please be advised it will be necessary for each institution within the State University system to apply individually for Exemption from Authorization and submit the $100 application fee.

Please note that an online or distance education program exempt from authorization requirements is required to include a conspicuous statement on all advertising in Alaska media, or communications specifically targeting Alaska students, indicating that the program is exempt from authorization as an online or distance delivered program and does not have a physical presence in the state. Physical presence means presence of facility, equipment, faculty or staff within the state.

Finally, it is an institution’s responsibility to ensure it is fully aware of all applicable Alaska statutes and regulations and any associated compliance requirements relative to exemption from authorization.

Should there be any additional questions, please feel free to reach me by phone at

(907) 465-6741 or by e-mail at


Jo Anne Hayden
Institutional Authorization

AL includes attachment

Direction: No Action required if no physical presence as define below.

Text of Message Received:

June 9, 2011

David Lavallee
Senior Vice Chancellor for Academic Affairs and Provost
State University Plaza
1642 Van Hise Hall
Albany, NY 12246

RE: Higher Education Act Program Integrity Issues and State Authorization §600.9

Dear Mr. Lavallee:

The Commission is in receipt of your email correspondence dated June 8, 2011 regarding authorization for distance education programs in Alabama for the multiple institutions under the governance of The State University of New York. It will be necessary for the institutions to obtain state approval to offer/enroll Alabama residents in online courses/programs. In Alabama, this involves a 3-step process with 3 different agencies, including the Alabama Department of Postsecondary Education (ADPE). If you go to our website, and link to the red drop down box on the left entitled, Non-resident Institutions and go to the Procedures section of the application for multiple public institutions, it will provide information on what is required.

If you have additional questions, please do not hesitate to contact me or my staff associate, Nancy Lacey, at 334-242-2109 or by email at

Elizabeth C. French


Direction: Each campus must submit a Letter of Notification/Intent (Form 1) as well as program proposals. The process may take between 3-9 months. Links are provided in the text below.

Text of Message Received:

From:  Zanette Douglas []
Sent:  Wednesday, June 08, 2011 3:15 PM
To:  Hatch, Carey
Subject:  Arkansas Rules and Regulations

The Arkansas Department of Higher Education (ADHE) has received your request for information regarding advertising, recruiting, and Arkansas Rules and Regulations on offering courses and degrees to Arkansas residents online or through distance technology.  Before any course or degree can be offered to Arkansas residents it must first be certified by the Arkansas Higher Education Coordinating Board (AHECB), regardless of the institution’s physical presence in Arkansas.

The AHECB meets quarterly to certify programs. You must first submit a Letter of Notification/Intent (Form 1) and then submit the program proposals on the forms found  on the ADHE website. The proposal review process may take 3-9 months from the time of proposal submission depending on the number of programs.  Nursing, education, counseling, and other licensure degrees go to the appropriate state agency for additional review.

Please indicate the number of Arkansas residents you have enrolled for Spring 2011, the degree titles, number of credit hours for each degree program, and the expected degree completion date for each Arkansas student.

The Institutional Certification Advisory Committees Rules and Regulations and forms can be found at:

The 2011 proposal submission dates are below.

Please contact me with any questions.


Deadline dates for Letters of Notification/Letters of Intent

December 15, 2010, for submission to the February 4, 2011 AHECB meeting

March 1, 2011, for submission to the April 15, 2011 AHECB meeting

June 1, 2011, for submission to the July 29, 2011 AHECB meeting

September 1, 2011, for submission to the October 28, 2011 AHECB meeting

December 1, 2011, for submission to the January 2012 AHECB meeting

Deadline dates for new program proposals

October 15, 2010 for submission to the February 4, 2011 AHECB meeting

January 15, 2011 for submission to the April 15, 2011 AHECB meeting

April 15, 2011 for submission to the July 29, 2011 AHECB meeting

July 15, 2011 for submission to the October 28, 2011 AHECB meeting

October 15, 2011 for submission to the January 2012 AHECB meeting

Institutional Certification Advisory Committee (ICAC) Meetings

Meetings held at the Arkansas Department of Higher Education, Little Rock, or by Phone Conference

January 5, 2011

March 15, 2011

June 29, 2011

September 28, 2011

Arkansas Higher Education Coordinating Board (AHECB) Meetings

February 4, 2011:  Cooperative Extension Service, Little Rock

April 15, 2011:  Arkansas State University, Mountain Home


Direction: No Action required if no physical presence as define below.

Text of Message Received:

From:  Keith Blanchard []
Sent:   Wednesday, June 08, 2011 4:55 PM
To:  LoPresti, Linnea
Subject:  RE: Request for Authorization

Mr. Lavallee,

The Arizona State Board would not require licensure of distance education programs as long as there will be no physical presence in Arizona, as defined by A.R.S. § 32-3001(5). The Board defines physical presence as the use of any Arizona address, Arizona phone numbers, contact information of anyone listing an Arizona address or program offerings in Arizona. Based on the information you provided, the operation of the institutions under Suny System would not require licensure by this Board. 

Persons who are not operating private postsecondary programs under the Board’s jurisdiction are not required by law to obtain a statement of exemption or waiver from the Board.  Similarly, the Board is not required to issue statements of exemption or waiver.

We appreciate your attention to Arizona licensure requirements.

Keith Blanchard, MBA
Deputy Director
Teri Stanfill
Executive Director
Arizona State Board for  Private Postsecondary Education
1400 W. Washington Street, Room 260
Phoenix, AZ 85007
602-542-2399 phone
602-542-1253 fax



Text of Message Received:

CO includes attachment

Direction: No action needed if no physical presence, see definition below.

Text of Message Received:

From:  Delange, Heather []
Sent:  Thursday, June 09, 2011 6:23 PM
To:  Hatch, Carey
Subject:  RE: Authorization Request
Attachments:  WebpostingRECFR600.9.pdf

Dear Dr. Lavallee,

Thank you for your email and your assessment is correct.  Under current policy, institutions must have a physical presence in the state to qualify for state authorization.  The definition of physical presence under this policy is a main campus or headquarters, a branch campus, or a place of business as determined by the Department (CCHE policy, Section I, Part J).  I have attached  a statement that summarizes the regulations for both the degree-granting institutions and the private occupational schools wishing to operate in Colorado.  Colorado has no authorization process for pure online delivery instruction.  Out of state public institutions are handled in the same manner as private institutions.

Please note that the regulations for the degree-granting schools are under review and will likely change in the near future.  Our recommendation to you is to check back with this office periodically to ensure compliance with the state authorization regulations.  I am hoping to have the revised regulations approved by early fall.  I imagine there will be a new authorization and process for institutions offering 100% online education to citizens of our state.

Please let me know if you have further questions after reading the summary.  I hope this helps.

All the best,


Heather DeLange
Degree Authorization Act Officer
Colorado Department of Higher Education
1560 Broadway, Suite 1600
Denver, CO 80202
Phone: (303) 866-2723
Fax: (303) 866-4266
Please consider our environment before you print this e-mail

CT includes attachment

Direction: no action at the present time

Text of Message Received:

Dr. David Lavallee
Senior Vice Chancellor for Academic Affairs
and Provost State University of New York
State University Plaza Albany, NY 12246

Dear Dr. Lavallee:

In response to your institution's inquiry about offering online programming to residents in the State of Connecticut, the Connecticut Department ofHigher Education is providing you with sections 10a-34-23 and 10a-34-24 of the Connecticut Regulations for Licensure and Accreditation of Institutions and Programs of Higher Education. Fmiher infmmation may be found on the following website:
Please note that while these are the current regulations, approval processes are under review in Connecticut as prompted by the new U.S. Department of Education regulations. Changes may occur prior to the July I, 2011 implementation date of the regulations from the U.S. Dept. of Education, or at any time thereafter. By submission ofyour request, you will be notified of changes in requirements for allowance of online programming to residents of Connecticut as they become available.
Section 10a-34-23. Off-Campus Instruction, Correspondence Courses, and Use of Electronic Media.' All credit instmction offered by an accredited institution away from the instih1tion's ptimmy campus or by cmTespondence, or through the electronic media, or other means of distance education, shall meet the same standards required of instmction offered on campus, including but not limited to the following:

(a) All credit instmction shall be consistent with the overall purposes and objectives ofthe offering institution.
(b) Standards for admission shall be the same as the standards applicable to students enrolled on the primary campus.
(c) There shall be qualified faculty or staffresponsible for the coordination ofoff-campus instmction.
(d) The quality of off-campus insh·uction, including faculty selection and course approval, shall be the responsibility of the same academic unit which administers the program on the primmy campus.
(e) All cmTicula shall be derived directly from approved programs. Each course shall be consistent in quality, content and standards with resident courses offered on the primary campus.
(f) Instruction shall be delivered by qualified instructional staff pursuant to Section 10a-34-13 of the Regulations of Connecticut State Agencies.
(g) All students shall have access to adequate facilities, equipment, library resources, academic advising and other necessary instructional support services, in accordance with the provisions of Sections 10a-34-9 through 10a-34-24, inclusive, ofthe Regulations of Connecticut State Agencies. An institution providing inshuction and programs by means of distance education may demonstrate compliance with the Board's approval standards through means equivalent to those used for resident instmction.

Section 10a-34-24. Programs Offered by Out-of-State Institutions.

(a) Eligibility. Any institution with a physical presence in the state shall be subject to the requirements of the Regulations of Connecticut State Agencies. To be eligible for licensure to operate a program in Connecticut, an institution chartered or incorporated in another state must be fully accredited by a nationally recognized regional accrediting association and legally authorized to operate as an instihttion ofhigher learning and confer degrees in its home state.
(b) Licensure requirements. The institution shall be required to demonstrate compliance with all applicable procedures and standards in Sections 10a-34-9 through 10a-34-24, inclusive, of the Regulations of Connecticut State Agencies as they apply to the program(s) to be offered in Connecticut. In addition, there shall be qualified on-site administrative staff responsible for the overall administrative operation of all educational activities, to include instruction, counseling, advising, library services and maintenance of academic records.

If you have any questions, please contact the Department of Higher Education at (860) 947-1822.

Patricia A. Santoro
Director of Academic Affairs



Text of Message Received:


Direction: No action needed if online only  (no classrom or office in DE.)

Text of Message Received:

-----Original Message-----

From: Barton Wayne [mailto:wbarton@DOE.K12.DE.US]
Sent: Thursday, June 09, 2011 11:12 AM
To: Morris, Helen
Subject: SUNY: Request for Authorization

If your institution is not incorporated in Delaware and does not have a physical presence (offices or classroom) in Delaware, we do not require DOE approval. Just notify us if a Delaware student is receiving federal financial aid.

Wayne A. Barton, Ed. D.
Director, Teacher & Administrator Quality Development
Delaware Department of Education
401 Federal Street, Suite #2
Dover, DE 19901
302.735.4120 (T) 302.739.5894 (F)



Text of Message Received:


Direction: The Provost’s office is coordinating a response for the SUNY System.

Text of Message Received:


Direction: No action needed.

Text of Message Received:

Sent:  Wednesday, June 08, 2011 3:01 PM
To:  Hatch, Carey
Subject:  Re: Authorization Request
Attachments:  pic16590.gif

The State of Hawaii does not endorse, license, approve or register post-secondary educational institutions. You may read more about our laws online at

IA includes attachment

Direction: No action needed if no programmatic or operational presence in Iowa.  See definitions below.

Text of Message Received: PDF attached

Carey, thank you for your inquiry.

We established a policy to implement a provision of Iowa Code Section 261.B.3 that requires us to register (i.e., authorize, per the U.S. Department of Education's terminology) schools that offer a course of instruction in Iowa, including through distance education.  This policy requires requires schools offering distance education programs in Iowa to register with us if the school has a programmatic or operational “presence” in Iowa.  Programmatic:  the school’s otherwise distance education program has a component that must be fulfilled at a physical location in Iowa (a practicum, internship, lab, externship).  Operational:  examples include having representatives in Iowa to promote the school’s online programs, housing servers in Iowa that are used to facilitate online delivery methods, or (most common) employing Iowa residents as instructors or adjunct faculty in the school’s online programs (and who work from the school from their home or other Iowa location).

Exemptions from registration that are listed in Iowa Code are almost exclusively applicable to Iowa-based schools, with the exception of religious institutions (under conditions that are more restrictive than the federal exemption) and a school that offers only nondegree specialty vocational training programs.  There are no exemptions in Iowa Code for out-of-state institutions based on sector, accreditation, military, or length of time in existence. 

In addition, we cannot accept a single registration application for all schools in a state university system.  Not all schools in your system may be required to register with us, as I explained above, but for those that must do so, each school must apply separately and will be assessed a separate registration fee.

Please provide feedback about each school’s intended activities in Iowa as it relates to our policy for distance education providers, above.  If I determine that any one of the state’s schools must register in Iowa, I will provide a registration application and additional information at that time.  FYI -- We collect a $4000 registration fee from each registered school at the time our board of Commissioners approves the registration applicant’s request and before we issue a formal registration approval acknowledgement.  There is no application fee at this time.  The registration application review process is a desk audit.  Registration applicants must be referred to our board of Commissioners for action within 6 months of receipt of an application.  The registration term is 4 years, and the registration fee of $4000 applies to that 4-year registration term.  

We have a completely independent provision of Iowa’s student consumer protection law that requires certain schools to also file evidence of financial responsibility with us (most notably, obtain a corporate surety bond payable to the State of Iowa).  As public institutions, I believe that you are exempt from this requirement.  I’ve attached another application that you should use to formally request and document your exemption (file labeled “Postsecondary Registration 714…”).   I will accept a single application for exemption from the separate financial responsibility requirement of Iowa law on behalf of all SUNY institutions.  Please understand that this does not exempt any one of the SUNY schools from registering with us (i.e., seeking authorization) if the school’s programs or operations invoke the registration requirement as I explained above.   You will need to complete page 11, the top of page 12 (items #3 and #4), and sign on page 13 of the application.  On the top of page #12, under item #3, you will want to check box #1 for “colleges or universities authorized by the laws of Iowa or any other state or foreign country to grant degrees.”  Then please include as an attachment a copy of the specific language of New York law that establishes (or otherwise acknowledges) that each school is a public degree-granting institution of the state.  This application can be sent back separately, reviewed and addressed separately, from the registration issue.   It is not necessary, despite the application instructions, to send it back in both paper and electronic format.  Use whatever single format is most convenient for you, including as an electronic attachment to an e-mail.

My complete, correct contact information is below.  Please let me know if you have questions.

J. Carolyn Small
Postsecondary Registration Administrator
Iowa College Student Aid Commission
603 E. 12th St. FL 5th
Des Moines, IA  50319
(515) 725-3413 (voice)
(515) 725-3401 (fax)


Direction: No action required if no physical presence.

Text of Message Received:

Assistant Provost Linnea LoPresti (518)320-1452 ... or
Assistant Counsel Andrea Stagg   (518) 320-1512
Subject: State Authorization requests re Online Requirements, Dr. Lavellee's

June 8, 2011 letter (via email re Ms. Morris)

Dear Ms. LoPresti & Stagg, "Linnea & Andrea"

... because your initial was so thorough I took a minute to provide a note as immediate response...

As you can imagine, we're getting a large volume of requests to clarify our state's registration rules. To be fair, we're responding to them in date-received order, now about 4-5 weeks behind. Registration details/forms are posted on our web pages at Look for either PrivateColleges & Universities (degree-granting) or Private Proprietary Schools (non-degree trade/career schools).

At a recent conference of State Reps & USDE Officials (Denver, CO in early May) the Feds acknowledged the tremendous backlog of requests in all states,and that they are well aware it won't all be cleared up by July 1st!  Referring to their Dear Colleague Letter: GEN 11-11, dated April 20, 2011, (para 5 on Page 2) "Clarification of Enforcement," With regard to the State authorization provisions at 34 C.P.R. § 600.9(c), the Department will not initiate any action to establish repayment liabilities or limit student eligibility for distance education activities undertaken before July 1, 2014, so long as the institution is making good faith efforts to identify and obtain necessary State authorizations before that date. ... I believe your recent contact with this office is that "good faith effort."

*** In the meantime, be advised that Idaho will have a formal student complaint process in place by July 1st.
*** Also, if any of your online programs require a supervised practicum/intern-externship/clinical, etc, in the local area, that is most often the cause of out-of-state, online only schools having to register in Idaho.

-- Generally, 1) if supervisors are compensated in any way ... or 2) have any formal student evaluation responsibilities ... it constitutes presence of agents in the state and requires registration.
-- Please verify these conditions with your program departments while you wait for our formal reply.

Please call/email anytime if you have more questions: That's what we're here for. If I'm not immediately available, please contact my Admin Assistant, Ms. Caryl Smith at 208-332-1576,  

Thank You in advance for your patience.    

Sincerely,   "Harv"
Harvey W. Lyter III, MBA / State Coordinator for Private Colleges & Proprietary Schools
State Board of Education / 650 West State Street, Suite 307 (POB 83720) /
Boise, Idaho 83720-0037
Ph 208.332.1587 / Fax 208.334.2632 /



Text of Message Received:


Direction: A letter was sent from the Provost to the Director of Accreditation and Regulatory Compliance stating that all of our campuses are publicly funded.

Text of Message Received:

The Director of Accreditation and Regulatory Compliance called and told us to send a letter stating we were publicly funded.


Direction: Campus should complete the questionnaire.

Text of Message Received:

From:  Geier, Katharine []
Sent:  Wednesday, June 08, 2011 4:18 PM
To:  LoPresti, Linnea
Cc:  Johnson, Jacqueline
Subject:  Kansas Regulations Regarding Distance Education
Attachments:  Kansas Postsecondary Questionnaire to Schools.docx

June 8, 2011

Dear Ms. LoPresti:

Thank you for contacting the Kansas Board of Regents enquiring what State University of New York needs to do to comply with Kansas statutes so it can offer programs to Kansas residents. So we can accurately answer your question, we will need more information.  We ask that you please review and complete our attached questionnaire, and return it to us.

After we receive your completed questionnaire, we can then determine if State University of New York will need to fill out an application for a Certificate of Approval so it can operate in the state of Kansas.

The following link will direct you to the Kansas Private/Out-of-State Postsecondary statutes and regulations,

Thank you for your enquiry and we look forward to hearing from you.

Best regards,
Katie Geier
Kansas Board of Regents
Office Operations Associate
Private/Out-of-State Postsecondary Education
1000 SW Jackson, Ste 520
Topeka, KS  66612-1368
(785) 296.2410
Fax - (785) 296.0983


Direction: Campus should send a letter certifying that is does not operate or solicit in KY.  See definitions of "operating and soliciting" below.

Text of Message Received:

In response to Provost David Lavallee's message dated June 8, 2011, the application for initial licensure can be found online:

Please note:

1) Applications are to be submitted on CD (rather than on paper) to Ms. Sarah Levy whose contact information is provided below.

2) In lieu of completing Forms E and F of the application, you may submit faculty information in spreadsheet format, reference:

Also, here are links to:
• our licensing regulation
• our fee schedule .

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.

If the institution will not be engaging in any of the “operating or soliciting” activities above (a-e), then please certify that in a letter to Ms. Sarah Levy’s attention for CPE’s review to determine if licensure is required or not.

If the institution does seek to operate or solicit in Kentucky and offer its online programs to KY students, then please contact Ms. Levy in order to go over some common questions about the application for licensure, before you submit the application.

Ms. Levy’s contact information:

Sarah Levy, J.D.
Director of Postsecondary Licensing
Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Tel: 502.573.1555, ext. 350
Fax: 502.573.1535


Direction: Annual registration required.

Text of Message Received:

From:  Nancy Beall [Nancy.Beall@REGENTS.LA.GOV]
Sent:  Monday, June 13, 2011 12:21 PM
To:  Hatch, Carey
Subject:  RE: Distance Education
Importance:  High

Mr. Lavallee:

Your email has been forwarded to me for response.  We are unable to provide a blanket exemption.  Also, I would like to mention that the Board of Regents licensed University of Buffalo (a SUNY institution) in May. Please review the attached document.  After review, if you feel your institution should be licensed you can find the application on our website at: under Planning, Research and Performance, license application (new institutions).  Please let me know if you have any questions and if you will be seeking licensure.

Nancy Beall
Assistant Program Manager
Louisiana Board of Regents
PO Box 3677
Baton Rouge, LA   70821
Phone (225) 342-4253
Fax (225) 342-9318

-----------------Attached Document Text-----------------------


Louisiana Revised Statute 17:1808 (LRS 17:1808) requires all academic degree-granting institutions operating in the State of Louisiana to register with the Board of Regents and be licensed unless otherwise exempt. Exemption from licensure is restricted to those institutions named in law and religious institutions that grant religious degrees exclusively. The degrees must be religious in nature by title and content.

The Board of Regents has adopted rules and regulations for the administration of RS 17:1808. For institutions domiciled in Louisiana, the term operating 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.

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.


Direction: Campus must originate response

Text of Message Received:

From:  Bell, Claudia (RGT) []
Sent:  Thursday, June 09, 2011 12:49 PM
To:  Hatch, Carey
Cc:  Williams, Angela (RGT)
Subject:  RE: MA Dept of Higher Education and the State University of New York

Good Morning Ms. Hatch,

The following information should be helpful in assessing the need for the institutions of the State University of New York to seek degree granting approval in MA.  Please be advised that the Massachusetts Department of Higher Education reviews/approves individual institutions and does not review/approve systems, districts, or unions.

The Massachusetts Degree Granting Regulations for Independent Institutions of Higher Education (610 CMR 2.00) shall apply and shall be limited to the following situations:

(1)          Certificates of organization referred to the Board by the Secretary of State proposing incorporation of a college, junior college, university, or other educational institution with power to grant degrees;
(2)          Proposed articles of amendment to the charter of an existing educational institution referred to the Board by the Secretary of State which will give the educational institution power to grant certain academic degrees, either earned or honorary;
(3)          Proposed articles of amendment to the charter of an existing educational institution referred to the Board by the Secretary of State changing its name to a name which will include the term “college”, “junior college” or “university”;
(4)          Actions by the Board implementing the requirement of M.G.L. c. 69, s. 31A that no educational institution chartered, located, offering courses, or otherwise doing business within the Commonwealth may 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 the educational institution has received the approval of the Commonwealth for such courses.
(5)          Actions by the Board implementing the requirements of M.G.L. c. 69, s. 30A that any institution of higher education not in compliance with Board’s regulations may have its degree-granting authority revoked or suspended, after the procedures described in 610 CMR 2.10(2) have been followed.

The Board of Higher Education’s general policy is to require an institution to be licensed if an education institution chartered, incorporated, or organized in another state, conducts within the Commonwealth any courses available to residents of the Commonwealth leading to the award of a degree. Please note that the Commonwealth regulations governing out of state institutions do not include provisions or clauses related to “grandfathering” students currently in non-approved programs, minimum requirements regarding the number of students enrolled in specific out of state programs, nor exemptions based on specialized training or types of institution.

Any answers on the need to be licensed would be specific to the actual situation and would be formulated after a staff review of the actual in place constellation of facts at the time of such review.  The answer depends to a great deal on how Massachusetts consumers are affected e.g., would the institution target Massachusetts residents in a systematic and continuous way as part of an overall effort to serve the education market in Massachusetts?  Is the Institution trying to reach into another jurisdiction?  What is the specific degree of interactivity

In order for the MA Dept of Higher Education to more fully respond to your request for information, please provide greater detail about the college/university’s programs and the services being offered.  Also, it would be helpful to indicate if there are internship, externship, clinical, mentorship, or shadowing experiences required as part of the online curriculum

Best regards,
Claudia R. Bell, Ed.D.
Academic Program and Policy Specialist
Massachusetts Department of Higher Education
One Ashburton Place, Room 1401
Boston, MA 02108
Fax: (617) 727-0955



Text of Message Received:


Direction: Campus should respons to the online survey below.

Text of Message Received:

From:  Rancourt, Donna []
Sent:  Thursday, June 30, 2011 3:46 PM
To:  Hatch, Carey
Subject:  Authorization Request

Dear Ms. Hatch,

This is to acknowledge receipt of your recent inquiry regarding the need for licensure or program approval to offer on-line instruction to citizens in the State of Maine.  If your institution currently provides, or plans to provide, online instructional services with no physical presence within the boundaries of this State, please link to, respond to and return the following online survey.  The survey introductory clarifications, along with your responses, will serve to demonstrate your institution’s compliance with recent federal regulations concerning the delivery of online services in the State of Maine.

Harry W. Osgood
Higher Education Specialist
Maine Department of Education
#23 State House Station
Augusta, Maine 04333


Direction: No Action needed for public institutions.

Text of Message Received:

Establishing a Non-Public Postsecondary Educational Institution in Michigan

Revised February 2011

All Non–Public Postsecondary Educational Institutions that would like to conduct educational programs that are post-high school in nature must be approved by the State under Michigan statutes to operate a college or a postsecondary institution before it opens. This includes individuals, corporations, and non-incorporated bodies regardless if they are for-profit or non-profit entities. The following options are available to operate as a postsecondary institution:

1)   Non-Incorporated Private Educational Institution (Institute):

To offer an educational program and grant degrees, you may apply for approval as a Non-Incorporated Private Educational Institution under Public Act 142 of 1964. Non-Incorporated Private Educational Institutions are not required to be education corporations. The proposed institution must submit a written proposal that demonstrates adequacy of resources in the following areas:

  1. housing space and administration facilities;
  2. educational programs leading to the diplomas or degrees;
  3. laboratory, library, and other teaching facilities;

As a Non-Incorporated Private Education Institution, the institution would be able to grant diplomas, certificates, and degrees. Use of the word, “college or university” however, is not permitted under Section 171 of the General Corporation Act.

Regional or national accreditation from a United States Department of Education recognized accrediting body is a prerequisite for consideration of approval.

2)  Educational Corporation (Private College or University):

If the organization desires to be incorporated and offer degrees as a Private College or University, they must organize as an Educational Corporation under Public Act 321 of 1937 as amended, the General Corporation Act or receive approval as Foreign Corporation (out of state institution) under Act 284 of 1972, which provides the authority to conduct business in Michigan. The proposed Private College or University must demonstrate it meets the five areas of adequacy required under Section 170-177 of the General Corporation Act. The proposed institution must submit a written proposal that addresses each of the five areas of adequacy which include:

  1. the housing space and administration facilities which it possesses or proposes to provide for its declared field or fields of education are adequate;
  2. its proposed educational program leading to the diplomas or degrees which it proposes to offer is adequate;
  3. its laboratory, library, and other teaching facilities which it possess or proposes to provide are adequate;
  4. it has or proposes to employ an adequate staff, fully trained for the instruction proposed, and;
  5. at least 50% of its capital, whether of stock or in gifts, devises, legacies, bequests or other contributions of money or property, has been paid in or reduced to possession.

An Educational Corporation may grant diplomas, certificates, and degrees. Use of the word, “college, or university” is permitted under the conditions found in the General Corporation Act.

Regional or national accreditation from a United States Department of Education recognized accrediting body is a prerequisite for consideration of approval.

3)       Trade Schools, Business Schools, and Institutes

Career focused schools may organize instruction under The Proprietary Schools Act (PA 148 of 1943 as amended) and may be incorporated as a for- profit or non- profit corporation or unincorporated. The school must adequately complete a new school permit application. The application addresses the criteria in the Act regarding the method and content of the advertising, the standards and the methods of instruction, the personnel, and the operating and instructional practices of the school. An on-site inspection is conducted to verify the findings in the application. After one successful year of operation, a license must be annually renewed. The use of the term “college or university” cannot be used nor can degrees be granted under this organizational structure. The organization would be able to grant certificates of participation and completion and/or diplomas to students. See for more information. There is a one-time application fee and an annual renewal fee to be licensed.


1) Religious Entities

A Church, organized as an Ecclesiastic Corporation, for the purpose of teaching its religious beliefs and principles may not operate as a college offering a program of study beyond secondary education. Section 171 of the General Corporation Act does not permit a Church to use the word, "college, or university " and grant degrees without forming an educational corporation. However, an Ecclesiastic Corporation may operate a postsecondary institution and charge fees for the purpose of teaching its religious beliefs and principles by applying for a license under Proprietary Schools Act (PA 148 of 1943) and grant diplomas.

2) Distance Education

Approval or licensure by the State of Michigan is not required to provide online instruction to Michigan residents unless the school has a physical presence in the state. Physical presence does not include conducting courses such as internships, clinicals, practicum’s, etc. An institution having faculty working from the state requires approval if the institution wishes to incorporate or file a certificate of authority to operate.

3) Advertising and Recruitment

Advertising is allowed without approval or licensure.  Student recruiters that work in the state must be registered unless the institution is authorized to award bachelor degrees or higher by its home state.

4) Public Institutions

Public Universities, Community Colleges and Technical Colleges are not required to seek approval or licensure to operate, advertise, recruit or employ faculty within the state.

5) Operating Without State Approval

The Authentic Credentials in Education Act, PA 100 of 2005 prohibits schools from providing degrees, diplomas or other credentials unless authorized by the State. A person damaged by violation of this act may bring a civil action to recover damages of at least $100,000.00.

A proprietary school that violates PA 148 and has its license revoked, or that operates in this state without a license, is guilty of a misdemeanor punishable by a fine of not more than $10,000.00, or imprisonment for not more than 1 year, or both.

Further Questions
Michael Beamish, Postsecondary Education Manager
Department of Licensing and Regulatory Affairs
Bureau of Commercial Services
201 North Washington Square, 2nd Floor
Lansing, MI 48913
Tel. 517-241-6806 Fax 517-373-2759 or


Direction:  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.  Registration fees per degree and an annual registration fee is required.  Individual campuses should  initiate the authorization process in MN if admitting students from this state.

June 9, 2011
Mr, David Lavallee
Provost and Senior Vice Chancellor for Academic Affairs
State University Plaza
Albany, NY 12246

Re: Minnesota Degree Granting Institutional Registration pursuant to Mirlllesota Statutes 136A.61 to 136A.71

Dear Mr, Lavallee:

Thank you for the email of June 8, 2011 inquiring about the requirements of Minnesota Statutes relative to online degree granting institutions which was forwarded to this office for response.

Based on the information and description of the activity contemplated by schools of the State University of New York System it appears that the schools would be required to register as Degree Granting Institutions pursuant to Millllesota Statutes 136A.61 to 136A.71. This statute also applies to out-of-state public institutions. The System's schools intend to offer online undergraduate and/or graduate degrees and certificates to Minnesota residents where the students would not be required to leave the state of Minnesota for a majority of the degree program or courses. You can find the relevant stahlte and application forms on our web site at listed under Degree Granting Institutional Registration.

Please note, we will "Register" institution systems that have multiple physical campuses so long as there is a central administrative office responsible for all campuses that might be providing online degrees, programs or classes. We will also work with a system or individual institution to "teach out" existing shldents if the school elects not to enroll Minnesota residents in the future.

We would also suggest that you determine which degrees and programs you desire to offer to Minnesota residents as the registration fee will depend on which and how many degrees are offered. If you elect to submit an application for Registration please do not send any fees, we will calculate the correct fees and notify you.

If you should have any questions about this matter please feel free to call me at 651-259-3975 at your convenience.

Yours truly,
George Roedler, Jr.
Manager, Instihltional Registration & Licensing



Text of Message Received


Direction:  If online only, no action needed.

Text of Message Received:
Menia Dykes []
Sent:  Thursday, June 09, 2011 10:28 AM
To:  Hatch, Carey; LoPresti, Linnea
Subject:  MCCA USDE - RE: Authorization Request

June 9, 2011

The Mississippi Commission on College Accreditation (Commission or MCCA) is the approval authority foracademic degree-granting postsecondary institutions domiciled, incorporated, or otherwise located in Mississippi (  We are reviewing the USDE regulatory changes in relation to Mississippi; however, currently, the Commission does not regulate academic degree-granting institutions that are located outside Mississippi that offer academic courses and/or programs solely online. 

Accordingly, if the State University of New York (SUNY) only offers online academic courses and/or programs from its New York location(s) and is not domiciled, incorporated, or otherwise located in Mississippi, MCCA authorization is not currently required.

While the State University of New York (SUNY) does not currently appear to require MCCA authorization, we nonetheless encourage you to revisit the state requirements inquiry with our office on an annual basis to verify that MCCA approval is not needed.  As USDE regulatory changes are implemented in the coming months, we anticipate that various questions relating to authorization of distance courses and programs will be addressed in more detail and amendments to our current standards and regulations could become necessary to comply with federal guidelines.

Menia Dykes, MPPA
Mississippi Commission on College Accreditation
3825 Ridgewood Road
Jackson, MS  39211


Direction:Exempt. No action needed.

Text of Message Received:

From: Sylvia A. Moore, PhD, RD
Sent: 26 July 2011
To: Dr. David Lavallee
Subject: Online Academic Program Delivery

26 July 2011

Dear Vice Chancellor Lavallee,

Thank you for your recent submittal to Dr. Thomas Gibson of documentation establishing that the 64 institutions of the State University of New York (SUNY) are currently accredited by the Middle States Association of Colleges and Schools Commission on Higher Educationa . This submittal satisfies the requirements of Montana Code annotated § 20-25-107 and Board of Regents Policy §320.1, which regulate the award of degrees by educational institutions. Therefore, this letter serves as State Authorization which allows for the delivery of online academic programs by any and all of the SUNY campuses, to students residing in Montana.

As you were previously informed, there are also requirements set forth under Title 35 of the Montana Code Annotated for out-of-state businesses transacting business in Montana to register with the Montana Secretary of State’s Office. Information on these requirements can be found at: However, as a group of 64 public institutions, the SUNY campuses are exempt from having to also meet the business requirements of State Authorization in Montana by filing with the Montana Secretary of State.

Thank you for notifying us of your intent to offer online academic programs in Montana. Please do not hesitate to contact my office with any questions or concerns.


Sylvia A. Moore, PhD, RD
Deputy Commissioner – Academics, Research & Student Affairs
Office of the Commissioner of Higher Education
cc: Director, Academic Processes & eLearning Business


Direction: If online only, no action needed.

Text of Message Received:

Thank you for contacting our office. To ensure quality education, the North Carolina General Assembly has delegated the authority to license post-secondary degree activity in North Carolina (creditable to an associate, bachelor, master’s, or doctoral degree) to the Board of Governors of the University of North Carolina. Institutions offering diploma and/or certificate programs are licensed separately by the North Carolina State Board of Community Colleges. The UNC Board of Governors has adopted Rules and Standards which define post-secondary degree activity to include conduct with respect to either a complete post-secondary degree program, or any study or experience or testing represented as creditable toward a post-secondary degree.

Section III of the Rules and Standards specifically provide that 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; or
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.

Exemptions from licensure for certain religious education and post-secondary degree activity within the military are addressed in Section X of the Rules and Standards.

For illustration purposes, the Board of Governors has made the following determinations in the past regarding online post-secondary degree activity:

• Activities which require licensure: practicums, clinical experiences, and student teaching.
• Activities which do not require licensure: proctored exams, attendance at college fairs, adjunct faculty residing in North Carolina and teaching an online course.

These determinations are subject to change depending upon specific factual circumstances or changes in the law or interpretations of the law.

In determining whether to seek licensure, the following resources are available online:
UNC Board of Governors Rules and Standards,

UNC General Administration Licensure Web site,


Direction: Campus must submit CTE Exemption Request form

Text of Message Received:

May 31, 2011

Dear College Administrator:

North Dakota law contains twelve exemptions from regulation for institutions that wish to operate in the state. With the passage of HB 1092, there will be thirteen. The existing twelve exemptions can be reviewed, here: ND Century Code. The newest exemption, which will go into effect August 1, 2011, is as follows:

“Institutions whose only physical presence in this state consists of students enrolled in practicums, internships, clinicals, or student teaching in this state.”

The board’s rules state: “Postsecondary educational institutions claiming to be exempt under North Dakota Century Code 15-20.4-02 shall provide to the board, in writing, sufficient information supporting the exemption.” Distance education institutions seeking an exemption from regulation, click here for the appropriate form: CTE Exemption Request.

For all other institutions seeking an exemption from regulation, please send a letter of request citing the exemption(s) being claimed (NDCC 15-20.4-02) and a detailed rationale supporting the request in light of proposed operations in the state.

Address your request to:
State Board for Career and Technical Education
% Debra Huber
600 East Boulevard Avenue #270
Bismarck, ND 58505-0610

For institutions that do not qualify for an exemption, application instructions and information can be found here: ND Private Postsecondary Institutions.

North Dakota’s licensing boards (e.g., Board of Nursing, Educational Standards and Practices Board) may also have applicable programmatic requirements. You may access information on North Dakota’s Boards and Commissions, here: ND Boards and Commissions.

Please be advised that the State Board for Career and Technical Education does not have the authority to provide a complaint procedure for institutions it has not authorized to operate in North Dakota. Contact information for The North Dakota Office of the Attorney General, Consumer Protection and Antitrust Division, is as follows:

Office of Attorney General
Consumer Protection & Antitrust Division
Gateway Professional Center
1050 East Interstate Ave. Ste. 200
Bismarck, ND 58503-5574
(701)328-5568 (Fax)


Direction: If Online only, no action needed.  See physical presence definition below.

Text of Message Received:

From: Fimple, Kathleen []
Sent: Wednesday, June 08, 2011 5:36 PM
To: Morris, Helen
Subject: RE: Request for Authorization

In Nebraska, you do not need approval to offer courses or programs that are entirely online with no physical presence in the state (see definition below). If you would like to send me an email or letter outlining your offerings in Nebraska or verifying that you have no physical presence, I will reply with an email letter stating that you don’t need approval (if that is in fact the case). We’ve developed a semi-form letter (it will state the name of your institution and address) to accommodate the new Title IV regulations and provide institutions a document for their files.

In Nebraska establishing a physical presence means:

Offering a course for college credit or a degree program in this state that leads to an associate, baccalaureate, graduate, or professional degree, including:

Establishing a physical location in this state where a student may receive synchronous or asynchronous instruction; or  
Offering a course or program that requires students to physically meet in one location for instructional purposes more than once during the course term;


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.

Kathleen L. Fimple, Ph.D.
Academic Programs Officer
Coordinating Commission for Postsecondary Education
P.O. Box 95005
Lincoln, NE 68509-5009

NH – Includes attachments

Direction: If Online only, no action needed.  See physical presence definition below.

Text of Message Received:

From:  Patricia Moquin []
Sent:  Monday, June 13, 2011 1:51 PM
To:  Hatch, Carey
Subject:  RE: Authorization Request
Attachments:  4CHAPTER Pos 1000_EXCERPT.doc; 4Pos 1008 and 1009_EXCERPTS.doc; 4TO PUBLIC - Adopted Rules 10-29-10.doc

Good Afternoon Mr. Lavallee,

Thank you for your email below regarding New Hampshire’s degree-granting authority.  Our physical presence definition exempts institutions with absolutely no physical presence in New Hampshire as follows:  “If an educational institution/entity establishes any physical location or place of contact in N.H., e.g., a N.H. telephone exchange or post office box mail drop, or if advising/mentoring or instruction in person is taking place inside the boundaries of the State, then that educational entity is subject to Commission jurisdiction.”  For your convenience, I have attached our NH Code of Administrative Rules along with excerpts of Pos 1001 (applicability), Pos 1008 (administrative approval) and Pos 1009 (fee schedule).

If your institution only offers online education to New Hampshire residents, but does not otherwise satisfy the physical presence definition, there is no requirement for you to go through an authorization process with our Commission.  Internships and/or practicums are not exempt.  If your students, online or otherwise, are in the State of New Hampshire for the purpose of completing internships, externships, practicums or clinicals, you need to submit a written request for Administrative Approval (Pos 1008) and a $500 fee (Pos 1009).

In addition, I encourage you to check with specific professional licensing boards in the State of New Hampshire as some have an educational requirement (typically understood as an academic residency) of students seeking New Hampshire licensure.

Please let us know if you have any further questions.

Thank you…

Have a great day...
Pat Moquin, Office Assistant
NH Postsecondary Education Commission
3 Barrell Court, Suite 300
Concord, NH  03301-8543
Telephone:  , Ext. 361
Fax:  (603) 271-2696



Text of Message Received:



Text of Message Received:

June 8, 2011
State University of New York
Attn.: David Lavallee
Senior Vice Chancellor for Academic Affairs and Provost
State University Plaza
Albany, NY 12246

Re: NM State Authorization Requirements for Public Out-of-State Institutions

Dear Mr. Lavallee:

The New Mexico Higher Education Department (NMHED) has received numerous inquiries pertaining to the federal Program Integrity Rule and how it relates to 34 CFR § 600.9 and state authorization provisions. NMHED has analyzed the PRI implications at the state level and provides the following context and guidelines for your institution.

Effective July 1, 2011, and in accordance with the federal rule, NMHED understands that all institutions offering distance education must make a good faith effort to meet state authorization requirements where a student resides. New Mexico statutory authority requires program approval of public out-of-state institutions. NMSA 1978, §21-25-1 - §25-25-5. In order to ensure full compliance with the federal regulation, NMHED is currently reviewing our state approval process to ensure it reflects appropriate oversight and desired outcomes. Therefore, public out-of-state institutions are given a one year waiver from meeting this New Mexico statutory requirement until Tune 30, 2012.

We expect to have the approval process posted to our website, as referenced below, by early April 2012. If you have any questions to this regard, please contact Stephanie Ellis via email at or phone at 505-476-8442.

Dr. Jose Z. Garcia
Cabinet Secretary


Direction: Campus should complete Form 100, below.

Text of Message Received:


Click within the brackets to type information. Mail original copy to address above

  1. The training provider/postsecondary educational institution identified on this form does not and will not have a physical presence in Nevada;
  2. The training provider/postsecondary educational institution identified on this form does not and will not solicit students in Nevada by means such as direct mailing, e-mailings, phone calls, local advertisements or employees or contractors located within Nevada;
  3. No part of the training provided by the training provider/postsecondary educational institution identified on this form will take part in Nevada;
  4. The training provider/postsecondary educational institution identified on this form may employ Nevada residents for the sole purpose of teaching online course work; and,







Sworn and subscribed to me on this             day of                                         

________________________________________________________              _________________________________                    __________________________



Based on the information attested to above, the training provider/postsecondary educational institution described above is not required to be licensed in Nevada by the Commission on Postsecondary Education. Any change to the five statements above automatically rescinds this authorization and the institution must reapply.










Text of Message Received:



Text of Message Received:


Direction: Campus must apply for review and authorization/approval

Text of Message Received:

From:  Jennifer Diallo []
Sent:  Wednesday, June 08, 2011 8:39 PM
To:  Hatch, Carey
Subject:  RE: Authorization Request

Hello Carey,

I am aware of New York’s quality assurance model and have referred to it in discussions recently. So, it may seem redundant, but we do have processes for this type of request. And given that we are pretty buried under the mountain of requests, we are kind of in auto-pilot mode and not really able to vary from the basic process. The good news is that our process is relatively painless and inexpensive.

In Oregon, we define purely online programs narrowly, and can only approve such programs after a limited review to determine exempt status. Programs with any practicum, internship, or other experiential learning component are not considered purely online, and we have always required a stand-alone authorization for the practicum component of an otherwise online program. There are specific criteria that we review, which I am confident all SUNY programs would meet, however, we can’t exempt these programs under current Oregon rules.

These are two different processes:

I am guessing that our practicum requirements will pose a problem for a system of the scale and scope that SUNY represents. We may need to discuss this once we know how many programs there are, and what kinds of practicum experiences are included? Those that lead to licensure by an Oregon board may have to be individually approved based on preparation for licensure. We can discuss these more once we have more info on your programs.

I am hoping to propose some changes in the next year, especially with regard to practicum programs. However, given the time constraints we all face right now, I think the most expedient approach is for you to look at our process and required information and send in a form and fee to request exemption for all your purely online programs (those with no practicum, etc.). Please see our website for all the information, instructions, forms, and fees you will need in relation to this request.

If you have any questions, let me know.

Jennifer Diallo, M.Ed.
Interim ODA Administrator  |  Oregon Student Assistance Commission  |  1500 Valley River Dr., Suite 100  |  Eugene, OR 97401

|  FAX (541) 687-7414  |

Messages to and from this e-mail address may be available to the public under Oregon law

PA includes attachments

Direction: Campus should complete form, link provided below.

Text of Message Received:

From:  ED, College & Universities []
Sent:  Thursday, June 09, 2011 9:57 AM
Subject:  Distance Education related to PA authorization
Attachments:  Information Form for Out-of-State Entities - Completable Form.pdf

Thank you for your recent inquiry about Pennsylvania's authorization of out-of-state institutions.  The Pennsylvania Department of Education is requiring that you complete the attached form.  Please submit this form to the Department via e-mail to

Questions about this form may be e-mailed to

Sandra Edmunds
Deputy Secretary
Office of Postsecondary and Higher Education
Pennsylvania Department of Education



Text of Message Received:



Text of Message Received:


Direction: No action needed.

Text of Message Received:

There is information on the South Dakota Board of Regents web site here:


State Approval Regulations for Distance Education - South Dakota

Approval to offer courses, whether online or in person, in South Dakota

South Dakota has no system of licensure for institutions seeking to offer postsecondary degree programs or credit-bearing courses. 

The South Dakota Board of Regents plays no role in supervising private institutions or out-of-state institutions that deliver postsecondary degree programs or credit-bearing courses in South Dakota. The sole legal authority of the South Dakota Board of Regents relates to control of postsecondary institutions funded by the state and to the administration of a small merit-based scholarship program established by the state.  See, SDCL §§ 13-49-1 and 13-55-30.

Prior to 1996, South Dakota licensed postsecondary institutions operating within the state. Since 2001, the state has relied upon a simple prohibition backed by criminal enforcement. 

No institution may provide postsecondary credits or degrees “in South Dakota, or while organized under the laws of South Dakota,” unless it is:

As is the case with other prohibitions backed by criminal sanctions, enforcement authority resides with state’s attorneys and the Attorney General.

Given the structure and operation of South Dakota law, the Board of Regents is not empowered to provide specific assurance of compliance with South Dakota law.


 South Dakota Codified Laws (SDCL) can be searched on the Legislature’s web site here:

 The South Dakota Attorney General’s web site is here:


Paul A. Gough  (605) 773-3455
Director of Policy & Planning
South Dakota Board of Regents - governs the public universities & special schools
306 E. Capitol Avenue, Suite 200
Pierre, SD  57501-2545
Fax:  (605) 773-5320



Text of Message Received:


Direction: No action needed if no physical presence. See definition below.

Text of Message Received:

From:  MacGregor M. Stephenson
Sent:  Thursday, December 8, 2011
To:  Out-of-State Institutions Offering Online Courses and Programs to Texas Residents
Cc:  Davis, Van Dr.
Subject:  Texas Distance Education Approval Process of Out-of-State Institutions Offering Online Courses and Programs to Texas Resident

This memo is to inform you that the Texas Higher Education Coordinating Board has approved new distance education regulations regarding Chapter 7 of the Texas Administrative Code:  DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS that are now in effect. 

The Coordinating Board considers exempt those institutions that are accredited by an accrediting agency recognized by the Board and that have no physical presence as defined in 7.3 (29). Information regarding these new regulations may be found at and in Chapter 7 of Board Rules (To find Chapter 7, go to, click on Laws and Rules in left column, click on Current Rules, and scroll down to find Chapter 7). Your institution may also want to consult the Texas Workforce Commission regarding distance education policies for out-state institutions found at

Thank you for your interest and patience as the State of Texas developed and instituted these new regulations in response to the United State Department of Education October 2010 regulations.


Direction: Campus should request an exemption certificate.

Text of Message Received:

From:  Elizabeth Blaylock []
Sent:  Wednesday, June 08, 2011 4:47 PM
To:  Hatch, Carey
Cc:  Winegar, Marla
Subject:  Re: Authorization Request

Dear Carey Hatch,

I am in receipt of your inquiry regarding registration for the State University of New York in the state of Utah.  The Utah legislature recently passed SB 210 in response to the requirements outlined in the federal regulations under 34 CFR 600.9.  The Utah law became effective on May 10, 2011.  This will be a filing for an accredited institution to obtain and renew a certificate of exemption.  Please visit the Division’s website at for applications.

You may review SB 210 at to determine its applicability to your institution.  Please review section 13-34-107.5.  The Division cannot provide advisory opinions or legal advice about whether or not a particular accredited school should apply for this exemption certificate.  The decision depends in part on the school's status under 34 C.F.R. 600.9, and on whether the school determines the exemption certificate will help maintain federal benefits.

If you have any questions, please feel free to contact me.

Liz Blaylock,
Division of Consumer Protection
Utah Department of Commerce
Telephone: 801.530.6601
Fax : 801.530.6001


Direction: If online only, no action needed.

Text of Message Received:

From: Woodley, Linda (SCHEV) []
Sent: Wednesday, June 08, 2011 3:25 PM
To: Morris, Helen
Subject: RE: Request for Authorization

Ms. Morris:

Please review the memo above from the SCHEV website that describes Virginia’s requirement of physical presence for certification (authorization) to operate in Virginia. If the SUNY schools do not have physical presence in Virginia, they are ineligible for certification to operate in Virginia. However, this would not prohibit or prevent the schools from offering postsecondary education via distance learning to Virginia residents. Those residents would not enjoy the same consumer protection provisions afforded to students attending certified institutions. This memo should suffice for the documentation required by the Higher Education Reauthorization for Virginia.

Linda H. Woodley, M.Ed.
Director, Private & Out-of-State Postsecondary Education
State Council of Higher Education for Virginia
James Monroe Building
101 N. 14th Street, 9th Floor
Richmond, VA 23219


Direction: No Action required if no physical presence as defined below.

Text of Message Received:

July 26, 2011

David Lavellee
Senior Vice Chancellor of Academic Affairs and Provost
The State University of New York
State University Plaza
Albany, New York 12246

Re: Vermont postsecondary approval for online programs

Dear Mr. Lavallee:

The Vermont Department of Education and the Vermont State Board of Education only grant certificates of approval to programs offering credit-bearing courses or postsecondary degrees from a physical location in Vermont. It is my understanding, from the information in your email, the sixty foUl' institutions (see attached list) of the State University of New York (SUNY) would not be establishing a physical presence in Vermont. Physical presence is defined as any of the following within Vermont: classrooms, in-person seminars, administrative offices, delivery of direct services to students, or any physical gathering of students required as part of a course of study. Physical presence does not include an in-state practicum, internship, mentorship or teaching experience.

If the programs offered by SUNY, supp0l1ed by offices in Albany, New York, are only offered online with no physical presence in Vermont, the university does not need to be approved by the Vermont Department of Education or our State Board of Education. In this case, I understand that SUNY may elect to advertise in national as well as local media. We have adopted a practice and policy stating that advertising alone does not constitute a physical presence, and we do not intend to pursue review and approval of online schools marketing to Vermonters.

I hope that this satisfactorily addresses your questions in your email, dated June 8, 2011.
Thank you.

Cathy Hilgendorf
Vermont Dept. of Education
Postsecondary Approval Coordinator


Direction: Campus should complete questionnaire

Text of Message Received:

From:  Karen Oelschlager [KarenO@HECB.WA.GOV]
Sent:  Wednesday, June 08, 2011 2:53 PM
To:  Morris, Helen; LoPresti, Linnea; Stagg, Andrea
Subject:  RE: Request for Authorization
Attachments:  Questionnaire.pdf

Dear Ms. Morris, Ms. LoPresti, Ms. Stagg:

Thank you for your email regarding The State University of New York’s offering of its online degree programs to Washington State residents.  Due to the U.S. Department of Education regulatory changes for institutions offering Title IV financial aid, we have been receiving hundreds of these inquiries.

In Washington State, the Higher Education Coordinating Board has oversight over only those degree-granting institutions considered to operate in the state.  In order to determine whether The State University of New York’s educational activities would be considered operation in Washington, please complete the attached questionnaire and fax it to us at .

This information will allow us to make a determination as to whether authorization under state regulations would be required for your institution’s educational activities.  After we hear from you, we will be in touch via letter or email with a determination as to whether authorization is required.  Please be aware that should authorization be required, the application process from the receipt of an application by our agency, could take up to one year.

Please also be aware that if The State University of New York offers diploma and/or certificate programs in vocational training, you may wish to contact the Workforce Training and Education Coordinating Board in our state, as the licensing of those types of programs is through that agency.  The individual to contact there is Peggy Rudolph, 360-586-8682,


Karen Oelschlager
Program Associate
Degree Authorization
Washington State Higher Education Coordinating Board
Phone: 360-753-7869
Fax: 360-704-6203

Mailing Address via U.S. Postal Service:
P.O. Box 43430
Olympia, WA  98504-3430

Mailing Address via other carriers:
917 Lakeridge Way SW
Olympia, WA  98502

WI includes attachments

Direction: Exempt

Text of Message Received:

From: Dies, David []
Sent:  Wednesday, June 08, 2011 4:17 PM
To:  Hatch, Carey
Subject:  RE: Authorization Request

The Educational Approval Board (EAB) appreciates you making inquiry about the requirements for offering distance learning programs to Wisconsin residents.

Under s.38.50 (1)(e) 2., Wis. Stats., “[s]chools that are supported mainly by taxes” are exempt from EAB oversight.  Because the exemption is not restricted to public institutions governed by the state of Wisconsin, the EAB has consistently interpreted it to mean any public college or university that is an instrumentality of a state is exempt.  Because your institution(s) meets this criterion, it is deemed to be exempt from EAB oversight.

Should your institution offer programs in a regulated profession, such as nursing, counseling or teacher training, you are advised to contact those respective oversight bodies (e.g., the Department of Regulation and Licensing or the Department of Public Instruction) about requirements specific to those programs.

David Dies
Executive Secretary



Text of Message Received:

WY includes attachments

Direction: Campus should register

Text of Message Received:

From:  Samantha Mills []
Sent:  Thursday, June 09, 2011 10:33 AM
To:  Hatch, Carey
Subject:  RE: Authorization Request
Attachments:  Chapt. 30 application.pdf; 30 rules.pdf; ARTICLE 4.pdf; Ch 30 PSL15.pdf

To Whom it May Concern:

Thank you for your letter regarding the recently passed legislation.  Wyoming requires that institutions that are offering educational services or employment in the State of Wyoming be registered prior to so doing. 

The governing statutes, rules and regulations may be found at the following URL: ; Specifically, W.S. 21-2-401 et. seq., and  Wyoming Department of Education Rules and Regulations Chapter 30 govern this process.  You may also find the application for registration at the above-mentioned URL.

The licensure period begins on July 1st and ends on June 30th annually.  There is a one-page application and an one hundred ($100) application fee due each year.  Private School is defined as any school that is NOT a Wyoming public institution.

Should you have any further questions or concerns, please feel free to contact me and I will be happy to assist.  My e-mail address is and my direct phone number is . Please note that my e-mail address will be changed to after June 20, 2011.

Samantha Mills
Private School Program Manager/Charter School Consultant
Wyoming Department of Education
2300 Capitol Avenue
Hathaway Building, 2nd Floor
Cheyenne, WY  82002