[S-SARA] SREB SARA Update - June 26, 2020

[Elisa Jaden]

Professional Licensure and the July 1, 2020 Federal Regulations: Disclosures

As you are aware, the 2019 federal regulations concerning state authorization replace some of the 2016 state authorization regulations effective July 1, 2020. The Secretary gave institutions discretion to decide about early implementation of the 2019 state authorization regulations and could be implemented as early as November 1, 2019. However, it is mandatory that institutions comply with the 2019 regulations by July 1, 2020. Following is the list of the revised sections of the 2019 state authorization federal regulations:


  1.  34 CFR 600.2 - Definitions - state authorization reciprocity agreement
  2.  34 CFR 600.9(c) - State Authorization
  3.  34 CFR 668.43 - Institutional Information (includes Professional Licensure Disclosures)
  4.  34 CFR 668.50 - Removal of distance education disclosures substituting a severability section

As the July 1, 2020 deadline approaches, this update is designed to offer clarity and resources for states and institutions regarding professional licensure disclosures. The regulations covering professional licensure, 34 CFR 668.43 (a) (5) (v) and 34 CFR 668.43 (c), require disclosures by institutions regarding educational requirements for programs leading to professional licensure or certification regardless of modality. So, unlike the previous regulations that focused solely on disclosures for distance education, the 2019 regulations require disclosures for all modalities. Regulation 34 CFR 668.43 (a) (5) (v) covers requirements on general disclosures, while regulation 34 CFR 668.43 (c) covers requirements on direct disclosures.

General disclosures inform students of three eligibility categories:

*         MEETS: states in which the institution's curriculum meets those states' educational requirements for licensure
*         DOES NOT MEET: states in which the institution's curriculum does not meet those states' educational requirements for licensure
*         NO DETERMINATION MADE: states in which the institution has made no determination whether the institution's curriculum meets those states' educational requirements for licensure

These disclosures must be public for students to find, such as on an institution's website. It is best that institutions collaborate with their in-house counsel to ensure compliance.

Direct disclosures inform students of the programs leading to professional licensure or certification that fall into one of the latter two categories above - does not meet or institution has not made a determination. Unlike general disclosures that must simply be made public, direct disclosures must be sent by the institution to the student in writing, and this communication must occur prior to the student's enrollment in the program. Further, if after a student enrolls in a program and the institution later determines the program does not meet educational requirements for professional licensure in the state where the student is located, the institution is required to notify the student in writing within 14 days of making the determination.

The SREB SARA Update provides a quick snapshot of the 2019 state authorization federal regulations. WCET SAN and their Frontiers blog provide in-depth, clear and concise information and support. For the full article on the final 2019 federal regulations concerning state authorization, the implications to the institutions of implementing these state authorization regulations, and a list of resources, go to Final 2019 State Authorization Regulations Released<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwcetfrontiers.org%2F2019%2F11%2F04%2Ffinal-fed-regs-for-state-auth-released%2F&data=02%7C01%7CElisa.Jaden%40SREB.org%7C2d487f14cd50481d2c2a08d819e5c084%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637287821851936732&sdata=ETrjfPPPa%2Fnf1fRmYrztVXS5amabQhVytI6vnTMQ6qU%3D&reserved=0>.


For institutions that need help finding or accessing the professional licensure boards of other states to make determinations for their disclosures, NC-SARA launched its Professional Licensure Directory<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fnc-sara.org%2Fprofessional-licensure-directory&data=02%7C01%7CElisa.Jaden%40SREB.org%7C2d487f14cd50481d2c2a08d819e5c084%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637287821851936732&sdata=IDTQznM4aZhG9CCLdCYy4kh44oIvGRx3cryPBb%2FJZZQ%3D&reserved=0> as a resource to aid institutions in their regulatory compliance. The data showed that the vast majority of the programs leading to licensure among participating SARA institutions were in five fields:



  *   Counseling
  *   Nursing
  *   Psychology
  *   Social work
  *   Teacher Education

There are many educational programs that lead to professional licensure or certification. NC-SARA's resource is general contact information for the five programs only, with no regulations or requirements, and it will be updated biannually. Also, to help guide students to the professional licensure boards in the states they are located, professional licensure information for students<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nc-sara.org%2Fresources%2Fprofessional-licensure&data=02%7C01%7CElisa.Jaden%40SREB.org%7C2d487f14cd50481d2c2a08d819e5c084%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637287821851946686&sdata=4iqaNUu3XUh9f2ZxBjroKEZS5%2BVLQGMapJIwVNLX4Iw%3D&reserved=0> can be found under the Student tab on the NC-SARA website. Please feel free to share this information with your institutions to help aid them in their regulatory compliance.

SARA
Southern Regional Education Board
(404) 879-5517
SARA at sreb.org<mailto:SARA at sreb.org>
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