[S-SARA] WCET SAN Update on July 1, 2020 Federal Regulations

Mon Jun 29 14:12:52 CDT 2020

Courtesy of Cheryl Dowd of WCET SAN

We saw the endless loop of starts and stops concerning federal regulation. You may ask  why this time is different...this time, the regulations were not written by the Department, but rather the regulations were written by key stakeholders who participated in the regulatory process called Negotiated Rulemaking, that came to consensus (100% agreement) in early April 2019. The fact that the regulations came from consensus gives the regulations some additional strength upon future scrutiny.

SAN has discussed these regulations in many communications over the last year including in the wcetMix SAN Network Community updates & discussions, Frontiers Posts, webcasts, Open Forum, and more.  Today, I will simply offer 5 key components and 5 key resources in preparation for the big day, July 1, 2020.

Five Key Components
1. There is no substitute for reading each of the regulations to review the specific language of the regulation. (link to the regulations announced in the Federal Register offered below)

2.  34 CFR 600.2 -state authorization reciprocity agreement

  *   Revised definition.
  *   Does not regulate the entity we know as SARA.
3.  34 CFR 600.9(c) - State Authorization of distance education

  *   Requires state institutional approval through state by state legal compliance where subject to a state's laws and regulations or participation in reciprocity, in order for the institution to participate in Title IV HEA programs.
  *   Determination of student location based upon institution's processes and procedures.
  *   Document the process for determination to share with the Secretary of the Department of Education upon request.  (Time of enrollment in the program & upon formal receipt of information from the student from the institutions processes and procedures.)
4.   34 CFR 668.43(a)(5)(v) - General notifications for programs leading to professional licensure or certification

  *   New notification added to the list of notifications required under 34 CFR 668.43 Institutional Information in order to participate in Title IV HEA programs.
  *   Describes the scenario for required notifications for programs leading to professional licensure or certification regardless of modality.
  *   Describes how to provide general notifications for professional licensure programs. (curriculum meets state requirements, curriculum does not meet state requirements, institution has made no determination)
5.   34 CFR 668.43(c) - Direct notifications for programs leading to professional licensure

  *   New notification added to the list of notifications required under 34 CFR 668.43 Institutional Information, in order to participate in Title IV HEA programs.
  *   To prospective students if the curriculum does not meet state requirements or the institution has made no determination where the prospective student is located prior to enrollment in the program.  (Prior to enrollment = Prior to financial commitment)
  *   To enrolled student within 14 calendars days of the institution making a determination that the curriculum does not meet state requirements where the student is located.
2016 version of 34 CFR 668.50 - Notifications for Distance Education Programs

  *   The section is removed as most of these notifications were already required in other parts of the Code of Federal Regulations as well as some notifications added to the new Federal regulations.
  *   Acknowledgement of receipt of notifications no longer required, but we have shared that it would be a best practice to protect the institution.

Five Key Resources

  *   Federal Register Announcement of Regulations for Accreditation and State Authorization;<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.federalregister.gov%2Fdocuments%2F2019%2F11%2F01%2F2019-23129%2Fstudent-assistance-general-provisions-the-secretarys-recognition-of-accrediting-agencies-the&data=02%7C01%7Celisa.jaden%40sreb.org%7C5d9fdb96b26c40bb861d08d81c202603%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637290271699151444&sdata=F9%2BiMRbupKuK1%2B9ayoEp%2BVZ49zVMpsVhy1FSU4ptopA%3D&reserved=0> Nov 1, 2019.    This is the full document of all of the regulations.  Look for the ecfr version to be updated and we will provide those links soon.
  *   SAN Virtual Seminar 2020<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwcetsan.wiche.edu%2Fresources%2Fsan-virtual-seminar-2020&data=02%7C01%7Celisa.jaden%40sreb.org%7C5d9fdb96b26c40bb861d08d81c202603%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637290271699151444&sdata=Jp7aduzDfeUBukHNg3gRj670anI99%2Fy9ELPCHj0w44g%3D&reserved=0> -  HEA & Federal Rulemaking: The Impact on Institutional Compliance - videos and documents available (or find on Youtube Playlist<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.youtube.com%2Fplaylist%3Flist%3DPLMoUVYggd4dNPsF1uiGjmtrEFQRNuC7cH&data=02%7C01%7Celisa.jaden%40sreb.org%7C5d9fdb96b26c40bb861d08d81c202603%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637290271699161446&sdata=f2QhmtPL7AumHd7hHv5KLWbNbxJ%2BprzNsz1%2FoAriOYc%3D&reserved=0>)
  *   Professional Licensure Disclosures:  Implementation Handbook for Institutional Compliance with the 2019 Federal Regulations. <https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwcetsan.wiche.edu%2Fresources%2Fprofessional-licensure-disclosures-implementation-handbook&data=02%7C01%7Celisa.jaden%40sreb.org%7C5d9fdb96b26c40bb861d08d81c202603%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637290271699161446&sdata=DjPqsR7L8aIKKiTg%2FpEZiPK%2FFkcM6iIDwJdwrXPmseQ%3D&reserved=0>  Includes Flowchart! Author:  Shari Miller
  *   SAN Special Interest Team on Professional Licensure: <https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwcetsan.wiche.edu%2Fresources%2Fspecial-interest-team-professional-licensure-prepared-outcomes&data=02%7C01%7Celisa.jaden%40sreb.org%7C5d9fdb96b26c40bb861d08d81c202603%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637290271699161446&sdata=rhIHrmUpgLbFubiQtC9rRRjuXdC00oYq64enGrwznbE%3D&reserved=0>  White paper on licensing compacts, WCET Frontiers Articles, Checklists, and Research Template
  *   Final Federal Regulations for State Authorization 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%7C5d9fdb96b26c40bb861d08d81c202603%7Ceb20950b168c497a98452b099844f3ef%7C0%7C0%7C637290271699171432&sdata=E8SdwfkbosjHhw2yaciFvt7QRAK6iI9u8pyQ4qCznwo%3D&reserved=0>; Nov. 4, 2019; WCET Frontiers; Cheryl Dowd and Dan Silverman
If you have any questions, please reach out to Dan Silverman<mailto:dsilverman at wiche.edu> or Cheryl Dowd<mailto:cdowd at wiche.edu>.

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

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