N.Y. Education Law § 210-c: Interstate reciprocity agreement for post-secondary distance education programs

§ 210-c. Interstate reciprocity agreement for post-secondary distance

education programs.

INTERSTATE RECIPROCITY AGREEMENT FOR THE POST-SECONDARY DISTANCE

EDUCATION PROGRAMS

Article I

Purpose, findings, and policy

The states party to an interstate agreement desire by common action to

establish comparable standards for the offering of postsecondary

distance-education courses and programs and to facilitate more offerings

of distance education courses to the students in their state.

Article II

Definitions

As used in this section and any agreements and contracts made pursuant

to it, unless the context clearly states otherwise:

(a)"Accredited" shall mean holding institutional accreditation by name

as a U.S.-based institution from an accreditor recognized by the U.S.

Department of Education.

(b)"Approve" or "Approval" in the context of an institutional

application to operate under the state authorization reciprocity

agreement (SARA) means: a written statement by a home state that an

institution meets the standards required by SARA and is eligible to

operate under SARA.

(c)"Complaint" means: a formal assertion in writing that the terms of

this agreement, or of laws, standards or regulations incorporated by

this agreement, are being violated by a person, institution, state,

agency or other organization or entity operating under the terms of this

agreement.

(d) "Council" means: the National Council for SARA.

(e)"C-RAC guidelines" and other uses of "C-RAC" refers to the

Interregional Guidelines for the Evaluation of Distance Education

Programs (Online Learning) for best practices in postsecondary distance

education adopted by the Council of Regional Accrediting Commissions

(C-RAC).

(f) "Distance education" means, for purposes of an interstate

reciprocity agreement under this section: instruction offered by any

means where the student and faculty member are in separate physical

locations. It includes, but is not limited to, online, interactive video

or correspondence courses or programs. It does not include intrastate

distance education activity.

(g) "Home state" means: a member state where the institution holds its

legal domicile. To operate under SARA an institution must have a single

home state.

(h) "Institution" means: a degree-granting postsecondary entity.

(i) "Legal domicile" of an institution for purposes of eligibility in

an interstate agreement means the state in which the institution's

principal campus holds its institutional accreditation and, if

applicable, its federal Office of Postsecondary Education Identifier

(OPEID) number. In the event that the OPEID number is assigned to a

campus that is in a different state than the principal accredited

campus, the SARA committees of the affected regional compacts shall

determine which is the home state for purposes of SARA.

(j) "Member state" means: any state, district or territory that has

joined SARA.

(k) "Physical presence" means: a measure by which a state defines the

status of an educational institution's presence within the state. The

distance education activities of an educational institution with a

physical presence within the state are not covered under an interstate

reciprocity agreement under this Act and instead must meet the

requirements of the state.

(l) "Portal agency" means: the single agency designated by the state

to serve as the interstate point of contact for questions, complaints

and other communications related to the interstate compact and/or any

regional compact.

(m) "Regional compact" means one of New England Board of Higher

Education, Midwestern Higher Education Compact, Southern Regional

Education Board or Western Interstate Commission for Higher Education,

or another SARA interstate regional compact for the mid-Atlantic states.

(n) "State authorization reciprocity agreements" or "SARA" means: an

agreement among member states, districts and U.S. territories that

establishes comparable national standards for interstate offering of

post-secondary distance-education courses and programs.

Article III

Interstate reciprocity agreements for postsecondary distance education

(a) The commissioner shall have the authority on behalf of New York to

enter into SARA and/or any regional compacts on behalf of this state

with one or more other states to provide for the reciprocity of

postsecondary distance education and to carry out all activities

necessary to carry out such function.

(b) Upon entrance into SARA and/or any regional compact, the

department shall:

(i) be designated as the portal agency and shall be responsible for

the administrative and functional responsibilities of participation in

SARA. The department shall not be responsible for all oversight

activities of providers in the state, but shall be the portal for the

state;

(ii) consider applications from degree-granting institutions on the

same basis and either:

(A) approve any institutions that meet the standards of SARA, and

agree to the process and commitments of SARA without differentiating by

sector;

(B) disapprove any institution that does not meet the standards of

SARA, or does not agree to the process and commitments of SARA; or

(C) may approve an institution applying for initial participation in

SARA to participate on a provisional status in any of the following

circumstances:

(I) the institution is on probationary status or the equivalent with

its institutional accrediting body;

(II) the institution is using a letter of credit or is under a cash

management agreement by the U.S. Department of Education;

(III) the institution is the subject of a publicly announced

investigation by a government agency, and the investigation is related

to the institution's academic quality, financial stability or student or

consumer protection; or

(IV) the institution is the subject of a current investigation by its

home state related to the institution's academic quality, financial

stability or student or consumer protection.

(iii) prescribe state processes for consumer protection and complaints

in regulations of the commissioner, as required by SARA;

(iv) operate under the processes, procedures and guidelines required

by SARA, including the Interregional Guidelines for the Evaluation of

Distance Education developed by the Council of Regional Accrediting

Commissioners, if required by SARA;

(v) serve as the default forum for any complaint filed against an

institution approved by the state to participate in the state

authorization reciprocity agreement and the department shall be

responsible for coordinating any such efforts and shall have the

authority to investigate and resolve complaints that originate outside

of the state. All other state agencies and governing boards of such

institutions shall assist as necessary in such investigations and report

as needed to the department;

(vi) impose as a penalty refunds or other corrective action to resolve

complaints involving residents of other states;

(vii) maintain written documentation of:

(A) all formal complaints received;

(B) complaint notifications provided to institutions and accrediting

agencies;

(C) actions taken that are commensurate with the severity of

violations; and

(D) complaint resolutions.

(viii) report complaints and concerns to the institutions about which

the compliant is lodged, the home state portal agency responsible for

the institution, and, if appropriate, any accrediting bodies; and

(ix) impose an annual fee on any institution participating in any

interstate agreement, in an amount prescribed by the commissioner in

regulations which shall be consistent with any fees required by the

interstate agreement and any fees required for the state to administer

SARA. Any institution that is removed from eligibility from SARA during

the period of approval receives no fee refund; and

(x) report any information required by the National Council for SARA.

Article IV

Institutional eligibility for admission to SARA

An institution applying to operate pursuant to SARA under this section

shall:

(a) have its principal campus or central administrative unit domiciled

in a state that has joined SARA and be authorized to operate in that

state. Only distance education content originating in the United States

or a U.S. territory is eligible to be offered under the agreement;

(b) be a U.S. degree-granting institution that is accredited by an

accrediting body recognized by the U.S. Secretary of Education;

(c) agree to be bound by any standards, processes and/or guidelines

required by SARA, including the Interregional Guidelines for the

Evaluation of Distance Education developed by the Council of Regional

Accrediting Commissioners, if required by SARA;

(d) agree to remain responsible for compliance with the requirements

of SARA and applicable laws, regardless of whether the institution

engages in operations under SARA itself, or through a third-party

provider;

(e) agree to notify the education department of any negative changes

to its accreditation status;

(f) agree to provide any data requested by the education department,

to the extent permitted by applicable law, and assist the department in

resolving any complaints arising from its students and to abide by

decisions of the department, in order for the education department to

effectively monitor any activities under the agreement;

(g) report any information required by SARA and/or this section.

Article V

Approved and accepted programs

Nothing in this section shall be construed to repeal or otherwise

modify any law or regulation of this state relating to the approval of

any other educational programs not covered by this section.

Article VI

Effect and withdrawal

1. This section shall become effective upon this state's execution of

SARA and/or regional compact for distance education.

2. The duration of any regional compact and/or interstate agreement

and the methods and conditions of withdrawal therefrom shall be those

specified in their terms.