For more detailed information about State Authorization, please review the WCET|State Authorization Network (SAN) Website.
State & Federal Compliance for Out-of-State Activities of Post-Secondary Institutions
States expect institutions to obtain approval for regulated activities that occur in their state. These activities may include; online learning, practical experiences, faculty teaching from another state, marketing, advertising, and more. The requirements as to which activities require authorization, the application processes, and the costs to comply vary greatly from state-to-state.
In 2010, the U.S. Department of Education (USED) issued a regulation tying an institution's ability to offer federal financial aid in a state to the institution being authorized in the student's state. The regulation, 34 CFR 600.9 (c), was subsequently "vacated" by federal court ruling and therefore unenforceable.
December 2016, USED released the new federal regulations for State Authorization of Postsecondary Distance Education, Foreign Locations. Effective date: July 1, 2018. https://www.gpo.gov/fdsys/pkg/FR-2016-12-19/pdf/2016-29444.pdf
May 2018, USED announces the proposal to delay the effective date of the regulations for two years (July 1, 2020) and conduct negotiated rulemaking to review and possibly revise the rule. https://www.gpo.gov/fdsys/pkg/FR-2018-05-25/pdf/2018-11262.pdf
July 2018, USED announces the delay of the effective date of selected provisions of the 2016 Federal regulations for two years (July 1, 2020) and conduct negotiated rulemaking to review and possibly revise the rule. Delayed regulations include: 34 CFR 600.2; 34 CFR 600.9(c); 34 CFR 668.50. The regulation for State Authorization of foreign locations of domestic institutions, 34 CFR 600.9 (d) was not delayed. The effective date of that provision remains JULY 1, 2018.
Regardless of the status of the federal regulation, institutions are legally obligated to comply with the laws and regulations of the states where the institution participates in regulated activities.