Russ Poulin is the Deputy Director, Research and Analysis for WCET - WICHE Cooperative for Educational Technologies. He spoke to ACCESS on Examining federal distance education regulations regarding 'state authorization' and 'last day of attendance.'

1. Federal Regulations: Authorization,
Complaints, & Last Day of Attendance
ACCESS: Association of Christian
Distance Education
March 29 2012

2. Russ Poulin
Deputy Director,
Research & Analysis
rpoulin@wiche.edu
wcet.wiche.edu

3. Today’s Agenda
• WCET
• State Authorization
• Student Complaint Process
• Last Day of Attendance
• QUESTIONS?
wcet.wiche.edu

4. WICHE Cooperative for Educational Technologies
WCET accelerates the adoption of effective
practices and policies, advancing excellence in
technology-enhanced teaching and learning in
higher education.
http://wcet.wiche.edu
wcet.wiche.edu

5. The Federal Regulation:
Chapter 34, § 600.9(c)
http://morguefile.com/archive/display/63263 wcet.wiche.edu

6. The Federal Regulation:
Chapter 34, § 600.9(c)
“If an institution is offering postsecondary
education through distance or correspondence
education in a State in which it is not physically
located, 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
upon request from the Department that it has
such State approval.” e-CFR: http://tinyurl.com/47vxesx
wcet.wiche.edu

7. The Federal Regulation:
Timeline
“…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.”
http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf
wcet.wiche.edu

8. The Federal Regulation:
“Good Faith” Efforts
“…include any one or more of the following items:
• Documentation that an institution is developing a
distance education management process for tracking
students' place of residence when engaged in
distance education.
• Documentation that an institution has contacted a
State directly to discuss programs the institution is
providing to students in that State to determine
whether authorization is needed.”
http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf
wcet.wiche.edu

9. The Federal Regulation:
“Good Faith” Efforts (continued)
• An application to a State, even if it is not yet
approved.
• Documentation from a State that an “application is
pending.”
http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf
wcet.wiche.edu

10. The Federal Regulation:
“Good Faith” Efforts (continued)
“Take the next step.”
http://morguefile.com/archive/display/219233
wcet.wiche.edu

11. The Federal Regulation:
APSCU Lawsuit
On July 12, the District Court of the District of
Columbia ruled:
"The Court will vacate 34 C.F.R. § 600.9(c).”
Appeal was heard on
February 21.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2011cv0138-28, p. 35-39
Photo: http://morguefile.com/archive/display/47686
wcet.wiche.edu

12. The Federal Regulation:
HR 2117
On February 27, the US House of
Representatives voted 303 – 114 to approve a
bill to repeal the ‘state authorization’ and
‘credit hour’ regulations.
wcet.wiche.edu

13. The State Regulations
The states’ regulations predated the federal
regulation and remain in effect.
They expect you to
comply prior to serving
students in each state.
Photo: http://morguefile.com/archive/display/202563
wcet.wiche.edu

14. The State Regulations
State Higher Education Executive Officers’ Lists
http://www.sheeo.org/stateauth/stateauth-home.htm
-State Reg. Offices
-State Laws & Regulations
-Complaint Processes
-Coming: Trigger Matrix
Photo: http://morguefile.com/archive/display/202563
wcet.wiche.edu

15. State Authorization Reciprocity Agreement
Presidents’ Forum/Council of State Governments
http://presidentsforum.excelsior.edu/projects/multi-state-reciprocity.html
• Developing model compact.
• Institution approved in “home” state.
• Approval recognized in partner states.
Regional Compacts (WICHE, SREB, MHEC,
NEBHE) getting involved.
wcet.wiche.edu

16. State Authorization
What Should You Do?
• Do you know where your students are?
• Research regulations and costs.
http://wcet.wiche.edu/connect/state-approval
• What are others on your campus
doing in other states?
• Inform your leadership.
• Be strategic in seeking approvals.
wcet.wiche.edu

17. State Authorization
What Should You Do?
• Have your institution or system join WCET’s
State Authorization Network…
…details coming soon.
• Institutions should work together.
• Keep up with the latest news.
• Ask questions of others going through the same
processes.
http://wcet.wiche.edu/advance/state-authorization-network
wcet.wiche.edu

18. Student Complaint Processes
§ 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…”
wcet.wiche.edu

19. Student Complaint Processes
§ 668.43 (b) Institutional Information
“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.”
Effective date: July 1, 2011
e-CFR: http://tinyurl.com/7zqhdkn
wcet.wiche.edu

20. Last Day of Attendance
• Financial aid reimburse if a student withdraws
without notification.
• Distance ed held to
different standard.
• See background and
Baker College audit:
http://wcet.wiche.edu/advance/financial-aid-and-distance-education
wcet.wiche.edu

21. Last Day of Attendance
(7)(i) “Academic attendance” and “attendance at
an academically-related activity”—
• (A) Include, but are not limited to—
• ( 1 ) Physically attending a class where there is an
opportunity for direct interaction between the
instructor and students;
• ( 2 ) Submitting an academic assignment;
• ( 3 ) Taking an exam, an interactive tutorial, or
computer-assisted instruction;
wcet.wiche.edu

22. Last Day of Attendance
• ( 4 ) Attending a study group that is assigned by the
institution;
• ( 5 ) Participating in an online discussion about
academic matters; and
• ( 6 ) Initiating contact with a faculty member to ask
a question about the academic subject studied in
the course; and
wcet.wiche.edu

23. Last Day of Attendance
• (B) Do not include activities where a student
may be present, but not academically
engaged, such as—
• ( 1 ) Living in institutional housing;
• ( 2 ) Participating in the institution's meal plan;
• ( 3 ) Logging into an online class without active
participation; or
• ( 4 ) Participating in academic counseling or
advisement.
http://tinyurl.com/c6jhrbe
wcet.wiche.edu

24. QUESTIONS????
Russ Poulin
rpoulin@wiche.edu
http://wcet.wiche.edu/connect/state-approval
http://wcetblog.wordpress.com
wcet.wiche.edu