1. State Authorization of Distance Learning CE Council Briefing November 29, 2011

2. Topics Covered What’s our goal here? Quick Review of the “State Authorization” Matter (Spoiler alert: despite a recent court ruling, we’re still on the hook.) Resources What does § 668.43 (b) mean to us? The brass tacks of state authorization for UMass. Next steps

3. Our Goal Take measured steps to ensure compliance with relevant state and federal regulations and to do so in a fashion that is transparent, collaborative, student-centered, and ensures minimum exposure for the University of Massachusetts. Caveat goes here.

4. How UMassOnline Can Help Monitoring, communicating, documenting Securing verification of exemption on behalf of the campuses Distilling the broad and the varied into actionable steps for the campuses Providing ongoing project management support

5. Review What are the salient points? Not today’s discussion, but also important and in need of attention: – Credit Hour Definition – Gainful Employment What about the court ruling this summer vacating the distance learning section of the USDOE’s measure? Beyond compliance: renewed efforts at interstate reciprocity. TM

6. The State Authorization Regulation Chapter 34, § 600.9(c) "If an institution is offering postsecondary education through distance or correspondence education to students in a State in which it is not physically located or in which it is otherwise subject to State jurisdiction as determined by the State, the institution must meet any State requirements for it to be legally offering distance or correspondence education in that State. An institution must be able to document to the Secretary the State's approval upon request."

7. Resources WCET: WCET – Site dedicated to this matter and other policy issues that affect us – Two page summary—the kind you could share with your campus leaders (hand-out) – Read this blog post “How Long Can you Tread Water?”How Long Can you Tread Water? SHEEO: SHEEO – Nearly complete compilation of state regulations – Compilation of complaint-process findings (hand-out) And, of course: the UMassOnline Confluence site with links to the above and a lot more.

8. § 668.43 (b): Institutional Information The institution must make available for review to any enrolled or prospective student upon request, a copy of the documents describing the institution's accreditation and its State, Federal, or tribal approval or licensing. The institution must also provide its students or prospective students with contact information for filing complaints with its accreditor and with its State approval or licensing entity and any other relevant State official or agency that would appropriately handle a student's complaint.

9. Institutional Information (cont.) Effective date: 1 July 2011. Recommendation – Collaborate with Admissions and Financial Aid on your campus – Establish a single space on your institutional website (pertains to all students) that provides the requisite information, link to that site from admissions, enrollment services, financial aid, CE sites – Design the site to be student oriented (no good examples out there yet) – Designate a couple campus experts to track down state processes (SHEEO hand-out is a good start)

10. And, now the State Authorization Matter….

11. Top Ten States of Residence of UMassOnline students 1.Massachusetts 2.New Hampshire 3.New York 4.Connecticut 5.New Jersey 6.Pennsylvania 7.California 8.Virginia 9.Florida 10.Texas

12. Starting with the half-full glass…. 1.Arizona 2.California* 3.Colorado 4.Connecticut* 5.Delaware 6.Florida* 7.Georgia* 8.Hawaii 9.Idaho 10.Indiana 11.Kentucky*

13. More exemptions… 1.Louisiana 2.Maine 3.Maryland 4.Massachusetts 5.Michigan 6.Mississippi 7.Missouri 8.Montana 9.Nebraska 10.New Hampshire* 11.New York

14. Wait, there’s more… 1.North Carolina 2.Ohio 3.Rhode Island* 4.South Carolina 5.South Dakota 6.Tennessee 7.Virginia 8.Wisconsin 9.American Samoa 10.Federated States of Micronesia 11.US Virgin Islands

15. States in which all UMass campuses are likely to be exempt Alaska—relatively simple exemption application form ($100) DC—simple inquiry form Illinois—simple online form Iowa—Contact Carolyn Small Kansas—Provision of facts, then Kansas makes determination of exemption Nevada—Simple form attesting to meeting exemption conditions New Jersey—it appears UMass would be exempt but NJ has been unresponsive to inquiries thus far. New Mexico—it appears UMass would be exempt. North Dakota—Simple online form.

16. Likely to be exempt… Oklahoma—Letter to VC for Academic Affairs to verify exemption. Oregon—Exemption application form ($250) Pennsylvania—Fairly simple information form Texas—Inquiry letter Utah—Certificate of Exemption Application ($1500) Vermont—Letter of inquiry Washington—Simple questionnaire to determine exemption West Virginia – Simple questionnaire to determine exemption Guam—no firm information yet Puerto Rico—Still working on their procedures. Likely to be a $500/fee

17. States in which No UMass Campus is Exempt Alabama—arduous process, $$ Arkansas—arduous process, $$ Minnesota—Somewhat less arduous, $$ Wyoming—very simple application, $100 fee annually.

18. In the end… This is doable! Recommended Next Steps 1.Let UMassOnline facilitate the process for claiming exemption on behalf of the campuses. 2.I’ll provide a reference and guidance document (will also be in Confluence) of those states where each campus will need to take action to request/confirm exemption. (I’ll include Wyoming in this list.) 3.The group may want to discuss strategies for collaborating on Alabama, Arkansas, and Minnesota. 4.Discuss and share strategies for programs with licensure requirements and formal clinical requirements (most common trigger for authorization requirement)