John A. Logan:
Federal rules for online institutions have changed. Effective July 1, 2011 we can no longer take out-of-state students in our online classes. To learn more about these regulations, go to http://wcet.wiche.edu/advance/state-approval
Retrieved from http://www.jalc.edu/ipp/online.html
Illinois
Valley
Community
College
Illinois Valley Community College is no longer able to enroll out-of-state students in online courses due to a 2010 regulation stemming from the Higher Education Opportunity Act. The regulation requires that IVCC be licensed in the home states of all students residing outside of Illinois. The College exists to serve the residents of our district and will channel all resources toward that purpose.
Retrieved from http://www.ivcc.edu/dl.aspx?id=3594
Below from an email message forwarded March 28th by Jeff Newell from the Instructional Technology Council:
The community college distance learning organization - http://www.itcnetwork.org
On March 17, the Department of Education released its long-awaited “dear colleague letter” to clarify and answer questions regarding its Oct. 29, 2010 requirement that institutions that offer postsecondary distance education courses to out-of-state students must document that they meet any state requirements to legally offer postsecondary distance or correspondence education to students in that state.
It is important to note that the institution's entire Title IV federally-funded student-financial aid program is NOT in jeopardy should the institution not receive this state approval. However, the Department can revoke an institution’s ability to offer federally-funded financial aid to the out-of-state distance learning students in question if the college does not produce the necessary documentation from that state.
Getting state approval from every state in which an institution has out-of-state distance learning students will be time-consuming and potentially expensive for many colleges. It is likely that institutions will withhold educational opportunities to out-of-state distance learning students so they don't have to deal with these issues.
The good news is that Question 16 states that “for purposes of the 2011-2012 award year alone, the Department will consider an institution to be making a good-faith effort to prospectively comply with the distance education regulations for State authorization, if" the institution can "document its application for approval and the application’s receipt by the state.”
The US DOE has issued a new dear colleague letter (attached) that states it will not start enforcing the new state authorization regulation until July 1, 2014 as long as institutions are making a good faith effort to be in compliance. This is good news in providing some breathing room for you in addressing this issue. Please read the attached letter for more information. A discussion of it is at Inside Higher Ed at
What Should Institutions Do? - KC's Out of State Students plus licensing fees - State Approval Starter List (5-3-2011)
Before the July 1, 2011 date when this regulation comes into effect, institutions should take steps to:
- Identify where their out-of-state students who are receiving federally-funded financial aid are located -- to determine from which states they need to obtain authorization.
- Decipher the regulations for each state in which they serve students
- Determine whether they need to apply for authorization from each state
- Apply in each state in which they are required (make a “good faith effort”)
Although several states (and statewide distance learning organizations) are looking to establish reciprocity agreements -- so each will recognize the distance educational courses/programs in each other’s states -- it is unclear whether they will be in place before July 1, 2011, when these regulations take effect.
Rather than focus on fifty states, I would recommend concentrating on those states in which your institution has out-of-state distance learning students who are receiving federally-funded financial aid.
Question 18: If an out-of-State institution is offering distance education to a State’s residents, is the institution required to provide its students or prospective students with contact information for filing complaints with its accreditor and with any relevant State official or agency that would appropriately handle a student’s complaint?
Answer 18: Yes. The information must be provided under the provisions of section 668.43(b), regardless of whether the State otherwise regulates the out-of-State institution’s provision of distance education.