50+ ways to regulate: Foundations of Out-of-State Activity Compliance

Presented by:

• Cheryl Dowd, Senior Director, Policy Innovations, WCET|State Authorization Network
• Russ Poulin, Executive Director, WICHE Cooperative for Educational Technologies (WCET)

Speaker Bio:

• Cheryl is the Senior Director, Policy Innovations. Her primary role is to direct the activities of the WCET| State Authorization Network (SAN), including coordination of staff addressing interstate policy and compliance as well as other ancillary compliance issues. Additionally, she serves the overall WCET membership in addressing emerging and special regulatory issues related to digital learning in postsecondary education. Cheryl is a contributing author for a guide book for understanding the legal basis for State and Federal compliance for activities of postsecondary institutions, State Authorization of Colleges and Universities. Cheryl earned her Juris Doctorate from the University of Richmond.
• Russ Poulin is the executive director for WCET. He directs the team’s work in supporting the efforts of postsecondary institutions from all 50 states with a focus on the policy and practice of digital learning. He is a highly sought-after expert and leader regarding policy issues for distance education and on-campus uses of educational technologies. As WICHE vice president for technology-enhanced education, he advises on policy and projects for the regional higher education compact. Russ’s commitment to the field is continually noted, and he was honored to have represented the distance education community on federal negotiated rulemaking committees and subcommittees.

Session Info:

We are one country composed of 50 unique states and 16 territories each with their own laws, regulations, and personalities. Postsecondary institutions, and particularly those which engage in multi-state activities, hold the responsibility to comply with local laws and those which govern the activities that cross state lines. Additionally, Federal regulations tie state compliance with the ability to provide Title IV Federal Financial Aid. Institution faculty and staff are often surprised by the responsibilities that must be met when educational and employment activities occur in or from another state. Additionally, faculty and staff are often surprised to learn that these state requirements apply to military students.

This session will explore the foundation of state oversight of activities of a postsecondary institution including state institutional approval, state professional program approval, employment law related oversight for purposes of state taxation, and State Department of Labor requirements. We will provide an understanding of the intersection of state institutional approval with Federal regulations for purpose of participating in Title IV HEA Programs. This session will provide ample time to answer participant questions and engage in discussion of experiences at their institutions. Participants will leave the session with resources that summarize state and federal distance education regulations as well as a list of sources for further reference.

Session Outcomes:

• Be aware of institutional compliance with state requirements when serving students, including military students, located in a different state than where the institution is located.
• Be aware of institutional compliance with state requirements when employing faculty and staff working from a different state than where the institution is located.
• Have an understanding of Federal Regulations tied to state institutional approval and explanation of a state authorization reciprocity agreement.

Session Resources:

50+ ways to regulate Foundations of DOWD