SARA, Sovereignty, and Access: Exploring Policy Change for Tribal Lands

Authored in collaboration with Cheryl Dowd, Senior Director, SAN & WCET Policy Innovations, Erika Swain, Assistant Director of Academic Compliance and Authorization, University of Colorado Boulder; and Mitchell Tiedman and Ella Reichard, University of Colorado Boulder, Colorado Law Clinic.

The compliance challenges and negative outcomes that can arise around interstate distance education are well-documented: barriers to access, slowed innovation, and wildly varied consumer protections for students—just to name a few. However, for more than a decade, the State Authorization Reciprocity Agreements (SARA) has offered a voluntary, state-led framework that enables participating institutions to operate across state lines under a uniform set of requirements—supporting expanded student protections and access.

NC-SARA, the National Council for State Authorization Reciprocity Agreements, is the private 501(c)(3) organization that facilitates collaboration with the regional compact partners (MHEC, NEBHE, SREB, WICHE) to support the state implementation of the reciprocity agreement called SARA. Institutions participate in SARA based on approval of the home state of the institution.

Equally important to SARA’s continued relevance is its ability to evolve. The SARA Policy Modification Process provides a structured, transparent pathway for states and stakeholders to propose, vet, and adopt changes to SARA policies. This process ensures that the agreement can respond to emerging issues, reflect diverse perspectives, and maintain alignment with the broader regulatory landscape affecting distance education.

In this post, we outline how the policy modification process works in practice and highlight a current proposal of particular significance. Our guest authors will explain the nuances of a current proposal clarifying and strengthening authority to implement SARA for distance education on Tribal Lands. This proposal raises important considerations about sovereignty, access, and regulatory clarity, issues that sit at the heart of SARA’s mission and its future direction.

SARA Policy Modification Process Review  

Since 2023, there has been an increased opportunity for the public voice to be included in the process to improve SARA Policy to implement reciprocity for institutional state approval for interstate distance education. While a process for change has always existed, recent revisions have made it more transparent, inclusive, and accessible to a broader set of stakeholders, including the public. This process also addresses states and consumer advocates who had expressed interest in strengthening and clarifying student protections within SARA.

The updated process, approved by the NC-SARA Board in 2022 and outlined in the SARA Policy Manual (Section 8.2), establishes an annual cycle for proposing and reviewing policy changes. Each year, stakeholders may submit proposals, participate in public forums, and provide public comments on suggested revisions. Proposals are reviewed by the four regional compacts before advancing to the Board for final consideration, with approved changes incorporated into the Policy Manual.

This more structured and participatory approach is intended to reduce confusion, clarify state and institutional responsibilities, and enhance student consumer protections. It also reflects the ongoing maturation of SARA as a reciprocity framework, one that must continue to evolve alongside the changing landscape of distance education, including emerging issues such as how SARA applies to Tribal Lands.

Distance Education on Tribal Lands: A Gap in SARA Policy

Institutions offering education online may serve students who reside on Tribal lands. However, under the current State Authorization Reciprocity Agreement (SARA) framework, Tribes are not eligible for membership. This represents a significant gap in the SARA framework. SARA has become the central mechanism for facilitating education across state lines, reducing administrative burden while promoting consumer protection and regulatory consistency. It provides institutions with an efficient pathway to authorization, but only in U.S. states, territories, commonwealths, and districts.

The omission of Tribes is not marginal. Approximately fifty-six million acres are held in trust by the federal government for Tribes and individuals. By limiting membership eligibility to states and state‑equivalent entities, SARA does not account for the unique legal and sovereign status of Tribal Nations. As a result, institutions offering online education to students located on Tribal lands may face uncertainty about whether state authorization alone is sufficient.

In response to this gap, the University of Colorado Law School’s American Indian Law Clinic has proposed policy modifications as part of the 2026 policy modification process. In short, the proposal would allow Tribes to participate in SARA as sovereigns, rather than being treated as extensions of the states in which they are located. The proposed changes would amend key provisions of the SARA Policy Manual, including definitions, membership eligibility, consumer protection, coverage and limitations of SARA, and the complaint resolution reporting. Collectively, these changes would provide Tribes with a clear pathway for becoming parties to SARA, with oversight from the applicable State Portal Entity.

Under Supreme Court precedent, Tribes are inherently sovereign nations with the authority to govern internal affairs. Only Congress may regulate Tribes under the Indian Commerce Clause of the United States Constitution, unless Congress expressly delegates that power to states. Importantly, Congress has not granted states authority to regulate Tribal Nations’ participation in interstate education agreements, such as SARA. For institutions, this means state authorization alone may not be sufficient for educational activity occurring on Tribal lands, particularly where Tribal law or consent requirements apply.

Federal law has long recognized education as a core component of Tribal self-determination, particularly in light of the historic harms caused by Indian boarding school policies. Tribal authority over education, including planning, administration, and oversight, is a key aspect of self-determination.

Allowing states to unilaterally authorize educational activity on Tribal land is also inconsistent with the government-to-government relationship that exists between Tribes and other sovereigns. In practice, member states may treat Tribal lands within their borders as indistinguishable from state lands, without obtaining consent from the Tribe. Without proper Tribal authorization or consent, institutions may be exposed to Tribal enforcement actions, Tribal court jurisdiction, or other forms of liability. These risks are not merely theoretical, particularly as Tribes increasingly assert regulatory authority over activities occurring on their lands.

As online education continues to expand into Tribal communities, this policy window presents an important opportunity. By addressing the current gap in the SARA framework, policymakers can reduce institutional risk, respect Tribal sovereignty, and ensure that education delivered via alternative modalities is done so in a manner that is legally sound and consistent with the SARA’s foundational principles.

How to Participate in the Policy Modification Process

The policy review cycle began in January and will conclude with a final vote by the NC-SARA Board at its October 2026 meeting. Initial proposal submissions and the first public comment period have ended; however, there is still time to attend the SARA Policy Modification Process Public Forum on April 24 and participate in a second call for public comments from June 9-July 7. You should consider reviewing the proposals, provide public comments, and attend the public forum.

The NC-SARA website houses the portal for submission and review of proposals: SARA Policy Modification Process webpage. Additionally, key deadlines associated with the policy modification process are listed below and found in the 2026 SARA Policy Modification Process Calendar. 

• Proposals were submitted to the NC-SARA portal (Jan. 21-Feb. 10), with all proposed policies published for public review.
• First call for public comments: March 10-April 9.
• SARA Policy Modification Process Public Forum: April 24.
• Final Deadline to amend or withdraw proposals: June 2.
• Second call for public comments: June 9-July 7.

Each of the four regional compacts will review and vote to approve or not approve the proposed policy modifications by Sept. 2. Proposed policy modifications approved by each of the four regional compacts will be offered to the NC-SARA Board for a final vote at the October NC-SARA Board meeting; policy modifications that are approved will be published in the amended SARA Policy Manual as directed by the policy and will be announced by NC-SARA.

Conclusion

As SARA continues to mature, its strength lies not only in the consistency it provides for interstate distance education, but also in its ability to evolve through a transparent, collaborative process. The SARA Policy Modification Process offers a meaningful opportunity for states, institutions, and the public to help shape that evolution, ensuring that the agreement remains responsive to emerging issues while maintaining its core commitment to access and consumer protection.

The proposal addressing SARA’s application on Tribal Lands is a clear example of why that engagement matters. It raises important questions about sovereignty, access, and regulatory clarity, issues that cannot be resolved without broad, thoughtful input from states, institutions, Tribal Nations, and the public.

As this year’s policy cycle unfolds, now is the time to participate. Review proposals, attend public forums, and submit comments. Whether you are a state regulator, institutional leader, or stakeholder in postsecondary education, your perspective is essential to shaping policies that will guide interstate distance education in the years ahead.