UPDATE: STATE AUTHORIZATION RULES TO BE DELAYED – NOT SO FAST

DID THE U.S. DEPARTMENT OF EDUCATION MISS THE DEADLINE TO DELAY STATE AUTHORIZATION RULES?

Sure looks like it.

Following a confusing draft notice published in the Federal Register over the weekend, it seemed that the U.S. Department of Education was ready to delay a set of State Authorization rules that were scheduled to take effect on July 1, 2018. The rules, which apply to distance education providers such as online schools and colleges were to be delayed until July 1, 2020, according to the draft which was scheduled to be released on July 3rd. That date is significant as we’ve come to find out.

Clare McCann , Deputy Director for Federal Policy, Education Policy at New America pointed out the obvious point it seems everyone, myself included was missing. The 2016 State Authorization rules have in fact already taken effect as of… you guessed it. July 1st.

“The state auth distance ed story you missed: The rule is currently in effect!”

@usedgov missed the deadline, so it took effect July 1. So much for resolving confusion in the field. I’m willing to bet plenty of schools including all NC-Sara schools are out of compliance today.”

While she may not have been the first person to notice this, she was certainly the first to tweet it.

Later, Barmak Nassirian, Director of Federal Relations and Policy Analysis at AASCU clarified that since the final rule wasn’t published by July 1st, the Department will have to follow the rules in the Administrative Procedures Act which include “justifying a change in conformity with the SCOTUS 1983 State Farm Case, go through reg neg, and produce a final rule subject to the master calendar requirements of HEA”.

I have a feeling this isn’t the last we’ll hear about the State Authorization Rules, but all eyes are on Betsy DeVos and the U.S. Department of Education to see what their next move will be. In the meantime, absent any other guidance from ED, it seems that the follwing provisions have indeed taken effect:

CFR 600.2 – Definition of State Authorization Reciprocity Agreement

CFR 600.9 (c) – State Authorization Distance Education Regulations

CFR 668.2 – Definition of Distance Education

CFR 668.5 – Institutional Disclosures for Distance or Correspondence Program Regulations

CFR 600.9 (d) – State Authorization of Foreign Locations of Domestic Institutions

This is an update to a post from our montly newsletter “STATE AUTHORIZATION DISTANCE EDUCATION REGULATIONS TO BE DELAYED“.


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