1. State Authorization:
One Year Later
WCET Annual Conference
October 28, 2011
Russ Poulin
Deputy Director, Research and Analysis
CONNECT LEARN A D VA N C E
Events and Groups News and Views Policies and Practices

2. Today‟s Agenda
 Federal Regulations
Russ Poulin
 State Regulations
Marianne Boeke
 Reciprocity
Bruce Chaloux
 Regulatory Perspective
Jeannie Yockey-Fine

3. Federal Rule Making
Higher Education Opportunities Act of 2008
Date Action
June 18, 2010 Notice of Proposed Rule Making (NPRM)
for „Program Integrity‟
August 2, 2010 Comments Closed –
About 1,200 Comments
October 28, 2010 Final Regulations Issued
 June notice: http://edocket.access.gpo.gov/2010/pdf/2010-14107.pdf
 Oct. Final Regs: http://edocket.access.gpo.gov/2010/pdf/2010-26531.pdf

4. Federal Rule Making
Higher Education Opportunities Act of 2008
Date Action
June 18, 2010 Notice of Proposed Rule Making (NPRM)
for „Program Integrity‟ HAPPY
August 2, 2010 Comments Closed –BIRTHDAY
About 1,200 Comments
FEDERAL
October 28, 2010 Final Regulations Issued
REGULATION!!!
 June notice: http://edocket.access.gpo.gov/2010/pdf/2010-14107.pdf
 Oct. Final Regs: http://edocket.access.gpo.gov/2010/pdf/2010-26531.pdf

5. State Authorization
Chapter 34, 600.9(c)
“If an institution is offering
postsecondary education
through distance or
correspondence education…”
e-CFR: http://tinyurl.com/47vxesx

6. State Authorization
Chapter 34, 600.9(c)
“…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,…”
e-CFR: http://tinyurl.com/47vxesx

7. State Authorization
Chapter 34, 600.9(c)
“…the institution must meet any
State requirements for it to be
legally offering distance or
correspondence education in
that State.”
e-CFR: http://tinyurl.com/47vxesx

8. State Authorization
Chapter 34, 600.9(c)
“An institution must be able to
document to the Secretary the
State‟s approval upon
request.”
e-CFR: http://tinyurl.com/47vxesx

9. USDOE Clarifications
Date Action
March 17, 2011 First „Dear Colleague‟ Letter
April 20, 2011 Second „Dear Colleague‟ Letter
 March 17 Letter: http://ifap.ed.gov/dpcletters/GEN1105.html
 April 20 Letter: http://wcet.wiche.edu/wcet/docs/state-approval/GEN-11-11.pdf

10. APSCU Lawsuit
 Court „vacates‟ 600.9(c)
 …on procedural grounds.
 USDOE is appealing the ruling.
 Final Briefs due in January 2012.
 Ruling several months later.

11. State Regulations
An important word about
state regulations.