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Month: February 2019

Farewell, SHEEO Surveys; Say Hello to The State Authorization Guide

Coming soon: The State Authorization Guide Many working in the field of state authorization are familiar with the SHEEO (State Higher Education Executive Officers Association) Surveys web site. At a glance, web site visitors are able to view the state authorization requirements for each state. The SHEEO site provides a directory of agencies and individuals responsible for implementing state postsecondary quality assurance laws in all 50 states, the District of Columbia, and Puerto Rico, as well as a compendium of state laws and regulations, according to the web site. The Departments of Higher Education in each state updated the SHEEO survey. At times, there was a significant lag time between updates for some states, providing confusion and frustration among some in the field. Enter: The State Authorization Guide. The State Authorization Network (SAN) and the National Council for State Authorization Reciprocity Agreements (NC-SARA) are teaming up to produce the State Authorization Guide. Debuting in early April, the State Authorization Guide will be updated every few months by state regulators. The goal is to add professional licensure, disclosure, and Secretary of State information in the future; for now, they are focusing on general state authorization information, similar to what is available on the SHEEO Surveys. SHEEO is in the process of creating a new web site. The old SHEEO surveys will no longer be available after the web site re-design....

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Secretary of State: To Register or Not to Register?

Secretary of State: To Register or Not to Register? That is the question that plagues many individuals responsible for state authorization at their institution. A number of states require out-of-state universities to register with the Secretary of State’s office prior to enrolling students in a distance education program or offering learning placements. Some states do not require registration while others do. Being a member of the National Council for State Authorization Reciprocity Agreements (NC-SARA), does not eliminate the need to file with the Secretary of State offices. Institutions must register with the Secretary of State’s Office in required states as well as obtain a registered agent. Citing the inability to provide legal advice, many of the Secretary of State offices are unable to answer when asked if it is required that out-of-state institutions register with the office of the Secretary of State prior to engaging in any distance learning activities. So where do you start? Cheryl Dowd, State Authorization Network (SAN) Director, suggested that individuals in charge of state authorization check within their own institution before making inquiries to the states. Dowd stated the institution’s Business Services Office (or similar title) and Legal Counsel may already have knowledge in other states for other activities of the institution (e.g. alumni, etc.) that requires registration to transact business in that state. These offices may also be aware of a registered agent...

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State Spotlight: Colorado

Deciphering the workers’ compensation policy in Colorado can be confusing when it comes to student learning placements. MoKanSan spoke with Julie Yakes, Manager of the Self-Insurance & Coverage Enforcement Unit of the Colorado Division of Workers’ Compensation, for more information. Much like the Secretary of State registration, being a participating institution with NC-SARA does not exempt you from this requirement. The Colorado Revised Statute 8-40-302(7) states essentially that, if a student participating in a learning placement is a paid employee of the employer in Colorado, the employer pays the student worker’s compensation policy. If the internship is unpaid, however, the university is required to cover the student with workers’ compensation insurance. If the university does not wish to purchase or extend its own policy to cover the student, the university may negotiate with the worksite employer so that the employer agrees to cover the student on the employer’s policy. “The university must pay the employer a reasonable level of compensation for doing so,” Yakes said. This ruling is applicable to all internships except student teaching. There is a specific exemption for student teachers: The student teacher, during his practice teaching in a school, shall be deemed an employee of the school district for the purpose of workers’ compensation and liability insurance as provided for other school employees (Title 22 Education 22-62-105). If a student finds an internship site, but...

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Notifying Students About Professional Licensure Issues

This past November, the National Council for State Authorization Reciprocity Agreements (NC-SARA) posted a blog of interest regarding professional licensure issues and student notifications. With distance education, it has become more common for a student in one state to enroll in an online nursing degree program from another state, for example, intending to become a licensed nurse in their home state. If an institution’s curriculum does not satisfy the requirements of the Board of Nursing in the state in which the student intends to work, the student’s success can be derailed, opening the institution up for legal and financial risk. For institutions participating in NC-SARA, it is required of any SARA institution that offers courses or programs that may potentially lead to professional licensure must keep all students, applicants, and potential students who have contacted the institution about the course or program informed as to whether such offerings actually meet state licensing requirements, according to the blog post. This must be done in one of two ways, according to the SARA Manual, Section 5.2: The institution may determine whether the course or program meets the requirements for professional licensure in the state where the applicant or student resides and provide that information in writing to the student, or After making all reasonable efforts to make such a determination, if unsuccessful, the institution may notify the applicant or student in...

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