State Approval Regulations for Distance Education (Program Integrity)
 
Tuesday, May 21, 2013

StateCollegeActionDate of ActionCommentDocumentation
AlabamaChattahoochee Technical CollegeNot Applied5/23/2011  
AlaskaChattahoochee Technical CollegeNot Applied5/23/2011  
ArkansasChattahoochee Technical CollegeNot Applied5/23/2011  
ArizonaChattahoochee Technical CollegeApproved7/14/2011 The Arizona State Board would not require licensure of distance education programs as long as there will be no physical presence in Arizona, as defined by A.R.S. § 32-3001(5). The Board defines physical presence as the use of any Arizona address, Arizona phone numbers, contact information of anyone listing an Arizona address or program offerings in Arizona. The Board does not license, regulate or have any jurisdiction over public institutions. Persons who are not operating private postsecondary programs under the Board’s jurisdiction are not required by law to obtain a statement of exemption or waiver from the Board. Similarly, the Board is not required to issue statements of exemption or waiver.States/ResponseFromArizonaStateBoard.pdf
CaliforniaChattahoochee Technical CollegeApproved7/14/2011Public institutions do not need to seek approval to offer distance education programs in California.States/ResponseFromCalifornia.pdf
ColoradoChattahoochee Technical CollegeApproved10/11/2011Based on the degree level of CTC's programs, CTC would need to abide by regulations of DPOS. However, CTC is a public technical colleges, it meets an exemption under the DPOS. Therefore, under current regulations by either division, CTC does not meet criteria for authorization in Colorado.Chattahoochee/Response3FromColorado.pdf
ConnecticutChattahoochee Technical CollegeNot Applied5/23/2011  
Dist. ColumbiaChattahoochee Technical CollegeNot Applied5/23/2011  
DelawareChattahoochee Technical CollegeNot Applied5/23/2011  
FloridaChattahoochee Technical CollegeNot Applied5/23/2011  
HawaiiChattahoochee Technical CollegeNot Applied5/23/2011  
IdahoChattahoochee Technical CollegeNot Applied5/23/2011  
IllinoisChattahoochee Technical CollegeNot Applied5/23/2011  
IndianaChattahoochee Technical CollegeNot Applied5/23/2011  
IowaChattahoochee Technical CollegeNot Applied5/23/2011  
KansasChattahoochee Technical CollegeNot Applied5/23/2011  
KentuckyChattahoochee Technical CollegeNot Applied5/23/2011  
LouisianaChattahoochee Technical CollegeNot Applied5/23/2011  
MaineChattahoochee Technical CollegeNot Applied5/23/2011  
MarylandChattahoochee Technical CollegeNot Applied5/23/2011  
MassachusettsChattahoochee Technical CollegeNot Applied5/23/2011  
MichiganChattahoochee Technical CollegeApproved6/1/2011Distance Education: Approval or licensure by the State of Michigan is not required to provide online instruction to Michigan residents unless the school has a physical presence in the state. Physical presence does not include conducting courses such as internships, clinicals, practicum’s, etc. An institution having faculty working from the state requires approval if the institution wishes to incorporate or file a certificate of authority to operate. Public Institutions: Public Universities, Community Colleges and Technical Colleges are not required to seek approval or licensure to operate, advertise,recruit or employ faculty within the state.States/Michigan.pdf
MinnesotaChattahoochee Technical CollegeNot Applied5/23/2011  
MississippiChattahoochee Technical CollegeNot Applied5/23/2011  
MissouriChattahoochee Technical CollegeNot Applied5/23/2011  
MontanaChattahoochee Technical CollegeNot Applied5/23/2011  
NebraskaChattahoochee Technical CollegeNot Applied5/23/2011  
NevadaChattahoochee Technical CollegeNot Applied5/23/2011  
New HampshireChattahoochee Technical CollegeNot Applied5/23/2011  
New JerseyChattahoochee Technical CollegeNot Applied5/23/2011  
New MexicoChattahoochee Technical CollegeNot Applied5/23/2011  
New YorkChattahoochee Technical CollegeNot Applied5/23/2011  
North CarolinaChattahoochee Technical CollegeNot Applied5/23/2011  
North DakotaChattahoochee Technical CollegeNot Applied5/23/2011  
OhioChattahoochee Technical CollegeNot Applied5/23/2011  
OklahomaChattahoochee Technical CollegeNot Applied5/23/2011  
OregonChattahoochee Technical CollegeNot Applied5/23/2011  
PennsylvaniaChattahoochee Technical CollegeNot Applied5/23/2011  
Rhode IslandChattahoochee Technical CollegeNot Applied5/23/2011  
South CarolinaChattahoochee Technical CollegeNot Applied5/23/2011  
South DakotaChattahoochee Technical CollegeNot Applied5/23/2011  
TennesseeChattahoochee Technical CollegePending7/14/2011A distance education provider engages in the activities described in Rule 1540-01-02-.04(1) if it establishes a physical presence. The definition of physical presence as found in Rule 1540-01- 02-.03(1)(ii) provides: “Physical presence” means actual presence within the state of Tennessee for the purpose of conducting activity related to: a postsecondary educational institution; an educational service; dissemination of educational credentials; enrollment; solicitation; or, advertising. Physical presence as further outlined for purposes of authorization shall include but not be limited to: 1. An instructional site within the state; 2. Instruction within or originating from Tennessee designed to impart knowledge with response utilizing teachers, trainers, counselors, etc., or computer resources, or computer linking (e.g. Internet), or any form of electronic telecommunications; 3. Dissemination of an educational credential from a location within the state; 4. An agent, recruiter, institution or business that solicits for enrollment or credits or for the award of an educational credential; 5. Advertising, promotional material or public solicitation in any form that targets Tennessee residents or uses local advertising markets in the state for institutions seeking, holding or required to hold a certificate of authorization. THEC interprets the definition of physical presence to: – include having an instructor lead a distance education course from within the state; – include advertisements that appear on the webpage of a local newspaper; – include facilitating and/or entering into an arrangement with any business, organization, or similar entity located in Tennessee for the purpose of providing an internship, externship, practicum, clinical, student teaching, or similar opportunity; and – not include enrolling a Tennessee student if the recruitment of the student did not involve any of the prohibited activities. If an institution engages in any of the activities listed in the definition of physical presence, it must obtain authorization by filing an Initial Authorization Application with THEC. Otherwise, an institution that does not engage in any of the listed activities does not have to take any action.States/TN Distance Education Authorization Requirements - Final.pdf
TexasChattahoochee Technical CollegeNot Applied5/23/2011  
UtahChattahoochee Technical CollegeNot Applied5/23/2011  
VermontChattahoochee Technical CollegeNot Applied5/23/2011  
VirginiaChattahoochee Technical CollegeApproved6/8/2011If an out-of-state institution does not plan to operate a facility in Virginia and/or the mechanism by which instruction is initiated (server) is not located within Virginia, the school does not meet Virginia’s criterion of physical presence. Any school not meeting this criterion is ineligible for certification to operate in Virginia. This ineligibility would not prevent or prohibit an out-of-state institution from offering postsecondary instruction via distance learning to residents of the Commonwealth of Virginia. Those students, however, would not benefit from protections available to students attending institutions that are certified by SCHEV. SCHEV is unable to speculate as to what effect, if any, its physical presence requirement may have on the Title IV eligibility of Virginia residents enrolled in distance learning programs offered by out-of-state institutions that are ineligible for certification. The U.S. Department has indicated that it plans to publish a Dear Colleague Letter that will address this issue, among others.States/Virginia.pdf
WashingtonChattahoochee Technical CollegeNot Applied5/23/2011  
West VirginiaChattahoochee Technical CollegeNot Applied5/23/2011  
WisconsinChattahoochee Technical CollegeApproved6/2/2011"Under s.38.50 (1)(e)2., Wis Stats., '[s]chools that are supported mainly by taxes' are exempt from EAB oversight. Because the exemption is not restricted to public institutions governed by the state of Wisconsin, the EAB has consistently interpreted it to mean any public college or university that is an instrumentality of a state is exempt. Because your institution meets this criterion, it is deemed to be exempt from EAB oversight. Should your institution offer programs in a regulated profession, such as nursing, counseling or teacher training, you are adivsed to contact those respective oversight bodies (e.g., the Department of Regulation and Licensing or the Department of Public Instruction) about requirements specific to those programs."States/Wisconsin.pdf
WyomingChattahoochee Technical CollegeNot Applied5/23/2011  
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