Panel: State and Federal Regulatory Changes for Online Programs

online.suny.edu
State and Federal
Regulatory Changes for
Online Programs
SUNY Online Summit
February 23, 2021

online.suny.edu
Panel
David T. Cantaffa, Associate Provost for Academic Programs, Planning,
and Assessment, SUNY System Administration
Russ Poulin, WCET Executive Director & WICHE Vice President
Frank VanderValk, Dean of the School of Social and Behavioral
Sciences, & Interim Dean of Digital Learning, Innovation, and Strategy
in the School for Undergraduate Studies, SUNY Empire State College
Moderator: Kim A. Scalzo, Executive Director of Open SUNY and
Interim Executive Director of Academic Technologies & Information
Services

online.suny.edu
Agenda
•NYSED, USDE, Middle States – David Cantaffa
•NC-SARA – Kim Scalzo
•National Perspective – Russ Poulin
•Campus Perspective – Frank VanderValk
•Questions/Discussion

www.suny.edu
SUNY Online Summit 2021
State and Federal Regulatory
Changes for Online Programs
February 23, 2021
David T Cantaffa, Ph.D.
Associate Provost, Academic Programs,
Planning, and Assessment, SUNY
david.cantaffa@suny.edu

www.suny.edu
New York State Education Department (NYSED)
• Temporary Offering Programs via Distance Education due to COVID-19 Restrictions (memo available
here)
• Distance education flexibility extended through spring 2021
• Permits institutions to continue to offer distance education courses in programs without triggering the
need to register the programs in the distance education format, even if the 50% threshold will be
reached
• Finalizing guidance for programs to be offered temporarily via distance education after spring 2021
• Permanent Offering Programs via Distance Education
• Campuses are required to submit a distance education application to obtain approval to add the
distance education format to an existing program or to include the format in a new program

www.suny.edu
NYSED: Learning Time in Distance Education
• 50.1(o) of the Commissioner’s Regulations defines a credit (a.k.a. semester hour) as follows: a credit,
point, or other unit granted for the satisfactory completion of a course which requires at least 15
hours (of 50 minutes each) of instruction and at least 30 hours of supplementary assignments.
• Policy for courses offered via distance education:
• Total learning time is expected to remain the same as a classroom-based course (45 hours per credit
hour).
• When calculating time, faculty should consider the time it would take for students to complete the
following:
• Interacting with course presentations/lectures;
• Reading other materials;
• Participating in online discussions;
• Doing research;
• Writing papers or other assignments; and
• Completing all other assignments (e.g., projects).

www.suny.edu
Middle States Commission on Higher Education
Permanent Offering Programs via Distance Education
• Institutional Level:
• Scope of Accreditation must include the alternate delivery method of distance education, obtained through
approval of Substantive Change Request for No. 4 Alternative Delivery Method for first program in this format
• Program Level:
• Once the Scope of Accreditation includes the alternate delivery method of distance education, must submit
notification or obtain prior approval (depending on institutional status) for each subsequent existing program to
which distance education is added after July 1, 2020
Temporary Offering Programs via Distance Education due to COVID-19 Restrictions (FAQ available here)
• Institutional Level:
• Spring 2021: If the alternative delivery method of distance education is not included in the Scope of Accreditation,
must have approved waiver to offer through May 30, 2021
• After Spring 2021: If the alternative delivery method of distance education is not included in the Scope of
Accreditation, must submit a Substantive Change Request for No. 4 Alternative Delivery Method by March 1, 2021
• Program Level:
• If temporarily offering programs via distance education to accommodate students impacted by COVID-19,
notifications are not required

www.suny.edu
Federal Regulations:
Distance Education and Innovation
Effective July 1, 2021 (early implementation prior to July 1, 2021 is optional)
• Part of Negotiated Rulemaking in 2018-2019
• Proposed Regulations Published April 2, 2020
• Public Comment Period Ended May 4, 2020
• Final Regulations Published September 2, 2020
• https://www.federalregister.gov/documents/2020/09/02/2020-18636/distance-education-and-innovation
• To Do: review policies, processes, and practices in relation to the framework of expectations
in the regulations to determine the need to update polices, processes, and practices;
document all decision-making

www.suny.edu
Federal Regulations: Selected Definitions
Distance Education: Education that uses of one or more of the technologies listed below to deliver instruction
to students who are separated from the instructor and to support regular and substantive interaction between
the students and the instructor, either synchronously or asynchronously.
• The internet;
• One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband
lines, fiber optics, satellite, or wireless communications devices;
• Audio conferencing; or
• Other media used in a course in conjunction with any of the first three technologies.
which differs from…
Correspondence Course: The institution provides instructional materials, by mail or electronic transmission,
including examinations on the materials, to students who are separated from the instructors. Interaction
between the instructors and student is limited, is not regular and substantive, and is primarily initiated by the
student. A correspondence course is not distance education.

www.suny.edu
Substantive Interaction: Engaging students in teaching, learning, and assessment, consistent with the content
under discussion, and also includes at least two of the following:
• Providing direct instruction;
• Assessing or providing feedback on a student’s coursework;
• Providing information or responding to questions about the content of a course or competency;
• Facilitating a group discussion regarding the content of a course or competency; or
• Other instructional activities approved by the institution’s or program’s accrediting agency.
Regular Interaction: The institution provides the opportunity for substantive interactions with the student on a
predictable and scheduled basis commensurate with the length of time and the amount of content in the course
or competency, monitors the student’s academic engagement and success, and ensures that the instructor is
responsible for promptly and proactively engaging in substantive interaction with the student when needed on
the basis of such monitoring, or upon request by the student.

www.suny.edu
Academic Engagement: Active participation by a student in an instructional activity related to the student’s
course of study that:
• Is defined by the institution in accordance with any applicable requirements of its state or accrediting agency.
• Includes, but is not limited to,
• Attending a synchronous class, lecture, recitation, or field or laboratory activity, physically or online, where
there is opportunity for interaction between the instructor and students;
• Submitting an academic assignment;
• Taking an assessment or an exam;
• Participating in an interactive tutorial webinar, or other interactive computer-assisted instruction;
• Participating in a study group, group project, or an online discussion that is assigned by the institution; or
• Interacting with an instructor about academic matters.
• Does not include living in institutional housing; participating in the institution's meal plan; logging into an
online class or tutorial without any further participation; or participating in academic counseling or
advisement.

www.suny.edu
Clock Hour (for clock-hour programs): 50-60 minutes in a 60-minute period of attendance in:
• A synchronous or asynchronous class, lecture, or recitation where there is opportunity for direct interaction
between the instructor and students; or
• An asynchronous learning activity involving academic engagement in which the student interacts with
technology that can monitor and document the amount of time that the student participates in the activity.
A clock hour in a distance education program does not meet the requirements of this definition if it does not
meet all accrediting agency and state requirements or if it exceeds an agency’s or state’s restrictions on the
number of clock hours in a program that may be offered through distance education.
An institution must be capable of monitoring a student’s attendance in 50 out of 60 minutes for each clock hour.

www.suny.edu
State and Federal
Online Programs
NC-SARA Updates – Kim A. Scalzo
SUNY Online Summit
February 23, 2021

online.suny.edu
NC-SARA
• Reporting of Fall 2020 Distance Education Enrollment data and
calendar year out-of-state learning placements is now available and
due by June
• Proposed SARA policy changes for NC-SARA Board consideration –
Feedback open through February 26, 2021
• New institutional applications as of January 11, 2021
https://nc-sara.org/news-events/announcements

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2020 Data Reporting

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Proposed Policy Modifications/Clarifications
See slides at end of deck for details

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New Institutional Applications
State and institution applications have been updated and are available
on the NC-SARA website under the Resources tab (https://nc-
sara.org/apply-renew) along with an overview of the updates. Both the
state and institution applications have been reformatted and reordered
for consistency, to highlight the primary focus on student consumer
protection, and to better align the applications with the requirements a
state or institution agrees to in order to meet current SARA policy.
Please contact info@nc-sara.org with any questions about these
applications.

State and Federal
Online Programs
SUNY Online Summit 2021
February 23, 2021
Russ Poulin
Executive Director, WCET
rpoulin@wiche.edu

Members cooperate on
effective practice and policy in
postsecondary digital learning.
• Founded in 1989.
• Members in all 50 states.
• OpenSUNY is a member /
Would love more of you to join.
https://wcet.wiche.edu/

For today…
Student Identity Verification
for Assessments
Regular and Substantive
Interaction
Creating “Defensible”
Processes

for Assessments
In place as of July 1, 2020
34 602.17: https://bit.ly/3sdjq62

Process to Assure Identity
34 CFR 602.17 – Requirement of accreditor
(underlining added):
(g) Requires institutions to have processes in place
through which the institution establishes that a
student who registers in any course offered via
distance education or correspondence is the same
student who academically engages in the course or
program; and

Notify of Charges
34 CFR 602.17 – Requirement of accreditor
(underlining added):
(h) Makes clear in writing that institutions must
use processes that protect student privacy and
notify students of any projected additional
student charges associated with the verification
of student identity at the time of registration or
enrollment.

Next Steps
To do:
• Research accreditor expectations.
• Set policies and processes.
• Review tools that can help (but not required).
• Develop faculty and instructional designers.

Regular and Substantive Interaction
In place as of July 1, 2021
34 600.2: https://bit.ly/3dvQu5b

Current Regulation
CURRENT COMING JULY 1, 2021
INTERACTION
Only initiated by the
instructor
INSTRUCTOR
Meets accreditation
standards**
SUBSTANTIVE Of an academic nature
REGULAR
Regular and somewhat
substantive

Instructor Definition
34 CFR 600.2 Definitions (underlining added)
3. For purposes of this definition, an instructor is an
individual responsible for delivering course content
and who meets the qualifications for instruction
established by the institution's accrediting agency.

Substantive Definition
4. For purposes of this definition, substantive
interaction is engaging students in teaching,
learning, and assessment, consistent with the
content under discussion, and also include at least
two of the following—

Substantive Definition (cont.)
i. Providing direct instruction;
ii. Assessing or providing feedback on a student’s
coursework;
iii. Providing information or responding to questions
about the content of a course or competency;
iv. Facilitating a group discussion regarding the
content of a course or competency; or
v. Other instructional activities approved by the
institution’s or program’s accrediting agency.

Regular Definition
5. An institution ensures regular interaction
between a student and an instructor or instructors
by, prior to the student's completion of a course or
competency--

Regular Definition (cont.)
(i) Providing the opportunity for substantive interactions
with the student on a predictable and scheduled basis
commensurate with the length of time and the amount of
content in the course or competency; and
(ii) Monitoring the student's academic engagement and
success and ensuring that an instructor is responsible for
promptly and proactively engaging in substantive
interaction with the student when needed on the basis of
such monitoring, or upon request by the student.

Comparing Current and New Regs.
CURRENT COMING JULY 1, 2021
INTERACTION
Only initiated by the
instructor
Mostly instructor
initiated, some leeway
INSTRUCTOR
Meets accreditation
standards**
Explicit reliance on
accreditor approval
SUBSTANTIVE Of an academic nature
Activities: instruction,
assessment, tutoring
REGULAR
Regular and somewhat
substantive
Predictable/scheduled
& tracking/intervene

Next Steps
To do:
• Research accreditor expectations.
• How many of your courses are distance
education?
• Examine current practices.
• Update professional development.

Create “Defensible” Practices
Create processes that can you defend in an
accreditation review or financial aid review (audit).
Document, document, document.

WCET Frontiers Blog
https://wcetfrontiers.org/
Policy Playbook
https://bit.ly/3bskxYL
WCET
https://wcet.wiche.edu/
State Authorization Network
https://wcetsan.wiche.edu/

State and Regularory Changes for Online
Programs
SUNY Online Summit
February 23, 2021
Frank Vanderbalk
Dean of the School of Social and Behavioral Sciences, & Interim Dean of Digital Learning,
Innovation, and Strategy in the School for Undergraduate Studies

• Reviewed draft regulations and provided feedback during public comment
• Convened Task Group in Fall 2020
• Faculty
• Instructional Designers
• Administration
• Governance
• Reviewed regulatory language and other resources (including WCET)
• Documenting meetings and decisions in case needed (e.g., MSCHE)
• Balance between reacting and overreacting
Engaging on a SUNY Campus

• Utilize instructional design teams and processes to address need for scheduled and
predictable opportunities for interaction
• Revise OSCQR to include checks for new regulations
• Improve reporting from LMS (to Student Success and to Faculty)
• Faculty notifications (in addition to current faculty monitoring)
• Adding new step for faculty to verify prompt and proactive outreach
• Collegewide professional development, webinars, and ongoing consultations
Draft Recommendations

Regular and Substantive Interaction (RSI): Course Design
Strategies

Instructor-initiated
discussions
Autogradedquizzes
Correspondence
Education
Distance
Education
A
Graded
assignments
withoutfeedback
A
Graded
assignmentswith
feedback
Videolectures
Video lectures +
discussions
Officehours

online.suny.edu
Questions/Discussion

Proposed SARA Policy
Modifications
for the
May 2021 Board Meeting
February 9, 2021

Proposed SARA Policy Modifications
4
4
• Changes to SARA Policy (4)
• Clarifications to SARA Policy (5)
Here we go!

Change to SARA Policy (1 of 4)
4
5
Additional language for Section 3.2(a)(8) to extend provisional status
under certain circumstances
Section 3.2 Provisional admission or renewal of an Institution
a. A state, at its discretion, may approve an institution applying for initial or renewal
participation in SARA to participate on Provisional Status in any of the following
circumstances:
8. The Institution has a change of ownership as determined by the Home State.
Additional changes of ownership of the same institution constitute a separate basis
for a state’s determination of provisional status. Each such determination begins a
new period of provisional status under Section 3.2(e).
➢ This modification was proposed by MHEC and NC-SARA staff.

4
6
Additional language at Section 3.2(e) to extend provisional status specific
to change of ownership or for ongoing investigation.
Section 3.2(e). In no event shall such an extension of Provisional Status exceed one
additional year. An extension of provisional status shall not exceed one additional year
unless a change of ownership has occurred during the current period of provisional
status and additional time is needed to demonstrate compliance with federal
requirements, or there is an ongoing investigation as described in Section 3.2(4) and
(5).

10
Modification to Section 3.2(g)(2) to align with recommended edits to
Section 3.2(e)
Section 3.2(g)(2): If an Institution on SARA Provisional Status is found by its home
state to not meet the requirements of SARA, the home state shall disallow any further
enrollments under SARA, shall notify its Regional Compact and NC-SARA, and:
1. Remove the institution from SARA participation, or
2.Allow the institution a period of time not to exceed 12 months in which to come into
compliance with SARA policies under state supervision. Only one such time period is
allowed in any three-year period, unless the extension is due to an ongoing
investigation or as a result of a change of ownership during the current period of
provisional status and additional time is needed to demonstrate compliance with
federal requirements.

48
Combine Sections 8.2 & 8.3 to become Section 8.2
Section 8.2 (minor modifications) & 8.3 (significant modifications)
• Remove Section 8.3 to combine with Section 8.2
• Ensures all modifications are treated the same – Transparency and Feedback.
➢ This modification was proposed by NC-SARA staff with input from regional compact
staff, SARA State Portal Entity staff, and other stakeholders.

Modifications to Clarify SARA Policy (1 of 5)
49
Clarification to Section 2.5: federal FRCS language - parent entity
Section 2.5 Language for financials and parent companies (for instances where there
is no federal FRCS for the parent company).
• For institutions owned or controlled by another entity (i.e., a parent entity), the
relevant Composite Score will be the Composite Score of the parent entity, as
published at https://studentaid.gov/data-center/school/composite-scores, in accord
with current U.S. Department of Education (ED) practice.
➢ This clarification was proposed by NC-SARA staff.

50
Clarification to Section 2.5(d) to ensure notifications in a timely manner –
institutional appeals
Ensure that compacts and NC-SARA are notified of an institutional appeal in a timely
manner.
• Section 2.5(d): States shall notify their regional compacts within 5 business days
of the initial appeal. Regional compacts shall notify NC-SARA within 5 business
days of notification by the state.

51
Clarification to Section 2.6(c) to ensure notifications in a timely manner –
state appeals
Section 2.6(c) State appeals—ensuring that NC-SARA is notified.
• Section 2.6(c): Regional compacts shall notify NC-SARA within 5 business days of
the initial appeal.

52
Clarification to Section 5.10(b)(5) remove the word “academic”
Section 5.10(b)(5) Remove the word academic to avoid states having to
differentiate between types of staff.
• Section 5.10(b)(5): Having faculty, adjunct faculty, mentors, tutors, recruiters or
other academic personnel residing in a member state and working from their
homes or another private, non-institutional site, provided that such staff is not
engaged in activities that would otherwise constitute physical presence as
defined by SARA policies;
➢ This clarification was proposed by NC-SARA staff with input from the compacts.

53
Section 6.2 Remove non-policy screenshots and clarify language from
the Data Section of the SARA Policy Manual
The process is detailed in the NC-SARA Data Reporting Handbook for
Institutions.
• Section 6.2 Data use by NC-SARA
a. NC-SARA on its website will report distance education enrollment data, by
institution. in a manner similar to the following format:
b. NC-SARA on its website will report out-of-state learning placement data by
institution., in similar format.

NEXT
STEPS AND
KEY DATES
Institutions may submit any feedback to NC-SARA on these proposed modifications by February 26, 2021.
• Please email feedback to info@nc-sara.org
State Portal Entities and Regional Steering Committee Members will receive a deadline to submit feedback
to their regional compacts.
The NC-SARA Board meets May 4-5, 2021.
• The public portion of this meeting, with registration information, will be forthcoming.
NC-SARA and regional compacts will host a public webinar on May 18, 2021 to review the approved
modifications. Registration information will be forthcoming.
54

Questions and
Discussion
THANK YOU!
For questions please email:
info@nc-sara.org
NC-SARA Website:
http://www.nc-sara.org
Twitter:
@NCSARA_News
LinkedIn:
https://www.linkedin.com/company/nc-sara
55

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