Published by: WCET | 9/12/2024
Tags: Distance Education, Managing Digital Learning, Professional Development, Professional Licensure, Regulation, SAN, State Authorization
Distance Education or State Authorization Compliance refers to the set of rules, regulations, and standards that educational institutions must follow when offering remote (often online) learning opportunities to students. Ensuring institutional compliance is an arduous task, as rules, standards, and legal requirements are ever- evolving and can vary depending on the state or territory.
Recently, there has been an increasing awareness and growing interest in distance education regulatory requirements. Colleges and universities were forced to grapple with the distance education compliance conundrum during the onset and proliferation of the COVID-19 pandemic. It was then that higher education institutions needed to quickly shift to online platforms due to lockdowns and social distancing measures.
Also adding to the regulatory complexity was the July 2020, U.S. Department of Education’s (ED) mandate (34 CFR §668.43(a)(5)(v)) requiring institutions to provide public disclosures for both enrolled and prospective students in programs leading to a professional license or certificate. It is clear why professionals working in the field play a vital role at their institutions, as they are leading distance education compliance efforts, while simultaneously fostering environments conducive to student success.
Amid these shifts, the State Authorization Network (SAN) has seen an uptick in members who are new to the profession, many of whom have limited prior experience in higher education compliance. To help those newcomers better understand some of the complexities they will likely face, SAN surveyed six experienced colleagues so that they might offer advice and support as they prepare to manage their new roles.
With the survey, SAN sought to garner these veterans’ take on themes they perceived to be pervasive in the field. It should be noted that these individuals are well-qualified and well-versed in the intricacies of higher education compliance, as they collectively possess over 70 years of professional experience. Interestingly, several themes and four categories for tips/suggestions contributing to success emerged from the surveys.
Within any profession, it is imperative for those seeking sustainability to build and maintain professional relationships. Building internal partnerships, engaging regularly, and maintaining regular communications is paramount.
For that reason, the significance of networking is critical to success. It can open doors to opportunities, as a strong network provides emotional support and encouragement, which is a prime vehicle for building knowledge and self-confidence.
Several survey participants shared their thoughts on the importance of collaborative interactions:
Yolanda Cunningham recalls, “Years ago, I met with our social work school’s leadership during a critical time for their distance education programs. During that initial encounter, I approached with the mindset that compliance was my area of expertise, and I was there to assist them through issues. Because they appreciated my work to achieve authorization and compliance, they became some of my staunchest advocates across campus and paved the way for me to participate in key meetings I otherwise would not have initially been privy to.”
Brandie Elliott-Woodall shares, “State Authorization [compliance] can be overwhelming, especially to those who don’t deal with it on a daily basis. But this is a challenge you can overcome by arming yourselves with knowledge and nurturing your relationships.”
LaDonna Rodvold advises, “I have several staunch advocates at USD. It began by providing credible information in digestible portions to the Associate Provost and General Counsel. I explained the regulations coming our way and specifically included potential challenges, solutions, and reliable resources. When that information reached the Provost, I was invited to Provost Council and Deans’ Council meetings to present the regulations and steps needed to invest in compliance. Having the confidence and support of the Provost, Associate Provost, and General Counsel then opened the door to buy-in from all other institutional stakeholders.”
Networking with external peers is also critical, as doing so provides opportunities for discovering industry standings and understanding best practices. Attending conferences and workshops is an excellent way to network and meet peer experts, better understand the latest requirements, decipher regulations and learn about best practices and innovations in the field.
Bill Hall recommends that professionals, “Cultivate relationships with State Authorization professionals at other schools.”
Erika Swain proposes, “Know that we’re all going to be approaching these kinds of rules and regulations from the perspective of our individual institutions, which means [that] compliance will look different in many ways for each of us.” [Connect with others as] you might also find some great ideas in unexpected places. So, never be afraid to ask someone how or why they made a decision. You will likely learn something new that you can use.”
Brandie Elliott-Woodall informs, “My supervisor and the entire Program Coordination team have been amazing! During the development of new online programs and [the] retooling of existing programs, the Program Coordinators work with Program Directors and have built-in questions on their in-take forms that open the door to the wonderful world of State Authorization.” [We have learned that] “We all just need to find our advocates, whether that is in Academic Affairs, General Counsel, etc.”
A related second theme or a sub-theme surrounding the importance of networking and building partnerships was that of leveraging the help of supporters and nurturing relationships with key partners, stakeholders, and staunch advocates.
To bolster your integrity, make certain that you schedule regular updates with key partners. Keep those stakeholders informed about regulatory requirements, updates, changes, and important deadlines.
Yolanda Cunningham states, “Remember to identify your lifelines both within your institution and beyond (e.g. WCET, SAN, NC-SARA, etc.). When I first assumed the role as the university’s compliance professional, leadership advised me to join SAN and WCET. This was even before I actually began my research on national organizations. For that I am appreciative.”
It is in this same spirit that Bill Hall advises, [I work closely with] “the Offices of the Provost and General Counsel. My Provost trusts my expertise and knowledge base regarding State Authorization, which I have acquired during my tenure in this role. My personal expertise was achieved in part by heavily utilizing SAN resources along with some one-on-one mentoring from patient professionals at other schools.”
Shawn Fields shares, “We work very closely with Admissions, especially graduate Admissions. When we started providing advanced licensure advising, Admissions realized how much effort we saved them and how much happier the students were.”
Regulations governing higher education are dynamic and frequently change at federal and state levels. To ensure compliance, institutions must remain cognizant with federal regulations, each state’s laws governing higher education, as well as the array of modifications of policies and updates.
A recent example of a notable change that has impacted distance education compliance roles and compounded duties is the ED’s July 2024 expansion of the requirements for institutions enrolling students in professional licensure and certification programs (34 CFR 668.14(b)(32)(ii)). Now, not only are many compliance professionals required to manage the research and disclosure processes at their institution, but they must also ensure that their institutions are not enrolling learners in states where their programs fail to meet that state’s licensure requirements.
Therefore, staying informed about the relevant laws and guidelines, implementing best practices, and continually assessing distance education programs is critical to the success of any compliance program.
Yolanda Cunningham suggests, “Do your research and document your findings. Acclimate yourself to compliance/authorization. This work can seem daunting, but it can also be fulfilling. I recommend including in your initial research key issues and federal regulations. In addition, it is important to know where your institution is/is not authorized.”
Shawn Fields warns, “Trust nothing; even state boards contradict themselves. Check everything by reading, calling, and confirming with others. Do not assume that anyone knows what they should; whether it’s faculty, staff, or students, people who should know certain rules or procedures often do not”.
Brandie Elliott-Woodall indicates, “Arm yourself with knowledge! The State Authorization Network [SAN] is the perfect place to start. Review past Coordinator Calls [and] pour over the myriads of supporting documents created by SAN. [Also] check out the SANsational Award winners for inspiration.”
When considering the impact disbursing information related to new requirements, LaDonna Rodvold adds, “You will receive resistance from institutional stakeholders when presenting new regulations and compliance steps. Do not take it personally. Reassure them that you’re not doing this to add more work to their already filled plates, nor are you playing ‘Big Brother’.” You’re simply guiding progress toward compliance in the best interest of students.
Erika Swain echoes these sentiments and advises, “Know your institution’s policies and procedures around distance education and if you don’t have any work with leadership and those who work with the modality to understand what needs to be documented and why.”
A fourth theme emerged around the likelihood of challenges and obstacles facing distance education compliance. Survey respondents caution that professionals should understand and expect that there will be challenges and tough times. However, understanding the potential for pitfalls and recognizing opportunities will contribute to the overall success of a compliance program. Accordingly, these seasoned professionals identified some common issues facing compliance leaders:
Brandie Elliott-Woodall advises, “Navigating the fluid landscape of State Authorization can be difficult. There seems to be a reason the quote “it depends” seems to be the motto for the field.” Know that things can change very quickly. “One day your licensing program meets state educational requirements in a state and the next day, after the licensure board makes a change, [that same program] no longer meets those educational requirements.”
Bill Hall recalls, “I was not prepared for the seemingly constant state of flux the regulatory sphere has been in over the past seven years.”
Yolanda Cunningham: “The biggest challenge would be the detractors who do not appreciate the need for our profession. I think it is mostly because they do not understand the scope and importance of our work. During difficult times, I remind myself that as a compliance specialist I am there to provide help although some stakeholders may not always want it. In time, you will learn to navigate the varying mindsets across your institution”.
Shawn Fields cautions, [A challenge exists with] “the regulatory overreach by the federal Department of Education, the overall hostility to higher education, and the disorganization of some states.”
LaDonna Rodvold states, “Insufficient guidance, responses, and clarification from the Department of Education presents many challenges when preparing and implementing our institution’s regulatory compliance steps.”
Erika Swain reminds us, [A challenge that exists within this profession is the] “lack of knowledge by leadership and faculty about how this kind of compliance works, why it’s in place, and [understanding] that we can work with it [and] not against it.”
Navigating higher education distance education compliance requires a proactive and organized approach. SAN is dedicated to empowering our members in their pursuit of achieving and maintaining distance education regulatory compliance. We proudly offer an array of educational programs and training. SAN also provides insight and tools designed to enhance skills and expand member knowledge so that they are better able to focus on their core mission of educating, protecting, and supporting students. As the landscape continues to evolve, ongoing vigilance, adaptation, and implementation of best practices will be key to maintaining compliance and achieving institutional success.
As such, we remind you that each of these tips must be regarded simply as advice and accepted as suggestions and/or guidance for building upon your own compliance programs. Understand that each professional and each institution has their own unique needs and must tailor their programs and responses in accordance with those needs.
The SAN team would like to formally thank the dedicated professionals who contributed to this publication:
Brandie Elliott-Woodall serves as the State Authorization Compliance Manager with the Missouri Online, University of Missouri System in Columbia, Missouri. Brandie has worked in the field of Distance Education Compliance for 11 years.
Dr. Charles “Bill” Hall serves as the Director of Institutional Research and State Authorization, at Campbell University, located in Buies Creek, North Carolina. Bill has worked in the field of Distance Education Compliance for 7 ½ years.
Erika Swain serves as the Assistant Director of Academic Compliance and Authorization at the University of Colorado Boulder, located in Boulder, Colorado. Erika has worked in the field of Distance Education Compliance for 20 years.
LaDonna Rodvold serves as the State Authorization Specialist at the University of South Dakota, located in Vermillion, South Dakota. LaDonna has worked in the field of Distance Education Compliance for 14 years.
Shawn Fields serves as the Director of State Licensure at Post University, located in Waterbury, Connecticut. Shawn has worked in the field of Distance Education Compliance for 10 years.
Yolanda Cunningham serves as theOnline and Hybrid Learning Compliance Administrator with Case Western Reserve University located in Cleveland, Ohio. Yolanda has worked in the field of Distance Education Compliance for 10 years.
This post was authored by: Jana Walser-Smith.
Director, Interstate Compliance and SAN Member Outreach, State Authorization Network