§ 210-C — Interstate reciprocity agreement for post-secondary distance education programs

§ 210-c. Interstate reciprocity agreement for post-secondary distance\neducation programs.\n INTERSTATE RECIPROCITY AGREEMENT FOR THE POST-SECONDARY DISTANCE\n EDUCATION PROGRAMS\n Article I\n Purpose, findings, and policy\n The states party to an interstate agreement desire by common action to\nestablish comparable standards for the offering of postsecondary\ndistance-education courses and programs and to facilitate more offerings\nof distance education courses to the students in their state.\n Article II\n Definitions\n As used in this section and any agreements and contracts made pursuant\nto it, unless the context clearly states otherwise:\n (a)"Accredited" shall mean holding institutional accreditation by name\nas a U.S.-based institution from an accreditor recognized by the U.S.\nDepartment of Education.\n (b)"Approve" or "Approval" in the context of an institutional\napplication to operate under the state authorization reciprocity\nagreement (SARA) means: a written statement by a home state that an\ninstitution meets the standards required by SARA and is eligible to\noperate under SARA.\n (c)"Complaint" means: a formal assertion in writing that the terms of\nthis agreement, or of laws, standards or regulations incorporated by\nthis agreement, are being violated by a person, institution, state,\nagency or other organization or entity operating under the terms of this\nagreement.\n (d) "Council" means: the National Council for SARA.\n (e)"C-RAC guidelines" and other uses of "C-RAC" refers to the\nInterregional Guidelines for the Evaluation of Distance Education\nPrograms (Online Learning) for best practices in postsecondary distance\neducation adopted by the Council of Regional Accrediting Commissions\n(C-RAC).\n (f) "Distance education" means, for purposes of an interstate\nreciprocity agreement under this section: instruction offered by any\nmeans where the student and faculty member are in separate physical\nlocations. It includes, but is not limited to, online, interactive video\nor correspondence courses or programs. It does not include intrastate\ndistance education activity.\n (g) "Home state" means: a member state where the institution holds its\nlegal domicile. To operate under SARA an institution must have a single\nhome state.\n (h) "Institution" means: a degree-granting postsecondary entity.\n (i) "Legal domicile" of an institution for purposes of eligibility in\nan interstate agreement means the state in which the institution's\nprincipal campus holds its institutional accreditation and, if\napplicable, its federal Office of Postsecondary Education Identifier\n(OPEID) number. In the event that the OPEID number is assigned to a\ncampus that is in a different state than the principal accredited\ncampus, the SARA committees of the affected regional compacts shall\ndetermine which is the home state for purposes of SARA.\n (j) "Member state" means: any state, district or territory that has\njoined SARA.\n (k) "Physical presence" means: a measure by which a state defines the\nstatus of an educational institution's presence within the state. The\ndistance education activities of an educational institution with a\nphysical presence within the state are not covered under an interstate\nreciprocity agreement under this Act and instead must meet the\nrequirements of the state.\n (l) "Portal agency" means: the single agency designated by the state\nto serve as the interstate point of contact for questions, complaints\nand other communications related to the interstate compact and/or any\nregional compact.\n (m) "Regional compact" means one of New England Board of Higher\nEducation, Midwestern Higher Education Compact, Southern Regional\nEducation Board or Western Interstate Commission for Higher Education,\nor another SARA interstate regional compact for the mid-Atlantic states.\n (n) "State authorization reciprocity agreements" or "SARA" means: an\nagreement among member states, districts and U.S. territories that\nestablishes comparable national standards for interstate offering of\npost-secondary distance-education courses and programs.\n Article III\n Interstate reciprocity agreements for postsecondary distance education\n (a) The commissioner shall have the authority on behalf of New York to\nenter into SARA and/or any regional compacts on behalf of this state\nwith one or more other states to provide for the reciprocity of\npostsecondary distance education and to carry out all activities\nnecessary to carry out such function.\n (b) Upon entrance into SARA and/or any regional compact, the\ndepartment shall:\n (i) be designated as the portal agency and shall be responsible for\nthe administrative and functional responsibilities of participation in\nSARA. The department shall not be responsible for all oversight\nactivities of providers in the state, but shall be the portal for the\nstate;\n (ii) consider applications from degree-granting institutions on the\nsame basis and either:\n (A) approve any institutions that meet the standards of SARA, and\nagree to the process and commitments of SARA without differentiating by\nsector;\n (B) disapprove any institution that does not meet the standards of\nSARA, or does not agree to the process and commitments of SARA; or\n (C) may approve an institution applying for initial participation in\nSARA to participate on a provisional status in any of the following\ncircumstances:\n (I) the institution is on probationary status or the equivalent with\nits institutional accrediting body;\n (II) the institution is using a letter of credit or is under a cash\nmanagement agreement by the U.S. Department of Education;\n (III) the institution is the subject of a publicly announced\ninvestigation by a government agency, and the investigation is related\nto the institution's academic quality, financial stability or student or\nconsumer protection; or\n (IV) the institution is the subject of a current investigation by its\nhome state related to the institution's academic quality, financial\nstability or student or consumer protection.\n (iii) prescribe state processes for consumer protection and complaints\nin regulations of the commissioner, as required by SARA;\n (iv) operate under the processes, procedures and guidelines required\nby SARA, including the Interregional Guidelines for the Evaluation of\nDistance Education developed by the Council of Regional Accrediting\nCommissioners, if required by SARA;\n (v) serve as the default forum for any complaint filed against an\ninstitution approved by the state to participate in the state\nauthorization reciprocity agreement and the department shall be\nresponsible for coordinating any such efforts and shall have the\nauthority to investigate and resolve complaints that originate outside\nof the state. All other state agencies and governing boards of such\ninstitutions shall assist as necessary in such investigations and report\nas needed to the department;\n (vi) impose as a penalty refunds or other corrective action to resolve\ncomplaints involving residents of other states;\n (vii) maintain written documentation of:\n (A) all formal complaints received;\n (B) complaint notifications provided to institutions and accrediting\nagencies;\n (C) actions taken that are commensurate with the severity of\nviolations; and\n (D) complaint resolutions.\n (viii) report complaints and concerns to the institutions about which\nthe compliant is lodged, the home state portal agency responsible for\nthe institution, and, if appropriate, any accrediting bodies; and\n (ix) impose an annual fee on any institution participating in any\ninterstate agreement, in an amount prescribed by the commissioner in\nregulations which shall be consistent with any fees required by the\ninterstate agreement and any fees required for the state to administer\nSARA. Any institution that is removed from eligibility from SARA during\nthe period of approval receives no fee refund; and\n (x) report any information required by the National Council for SARA.\n Article IV\n Institutional eligibility for admission to SARA\n An institution applying to operate pursuant to SARA under this section\nshall:\n (a) have its principal campus or central administrative unit domiciled\nin a state that has joined SARA and be authorized to operate in that\nstate. Only distance education content originating in the United States\nor a U.S. territory is eligible to be offered under the agreement;\n (b) be a U.S. degree-granting institution that is accredited by an\naccrediting body recognized by the U.S. Secretary of Education;\n (c) agree to be bound by any standards, processes and/or guidelines\nrequired by SARA, including the Interregional Guidelines for the\nEvaluation of Distance Education developed by the Council of Regional\nAccrediting Commissioners, if required by SARA;\n (d) agree to remain responsible for compliance with the requirements\nof SARA and applicable laws, regardless of whether the institution\nengages in operations under SARA itself, or through a third-party\nprovider;\n (e) agree to notify the education department of any negative changes\nto its accreditation status;\n (f) agree to provide any data requested by the education department,\nto the extent permitted by applicable law, and assist the department in\nresolving any complaints arising from its students and to abide by\ndecisions of the department, in order for the education department to\neffectively monitor any activities under the agreement;\n (g) report any information required by SARA and/or this section.\n Article V\n Approved and accepted programs\n Nothing in this section shall be construed to repeal or otherwise\nmodify any law or regulation of this state relating to the approval of\nany other educational programs not covered by this section.\n Article VI\n Effect and withdrawal\n 1. This section shall become effective upon this state's execution of\nSARA and/or regional compact for distance education.\n 2. The duration of any regional compact and/or interstate agreement\nand the methods and conditions of withdrawal therefrom shall be those\nspecified in their terms.\n