State Approval Regulations for Distance Education (Program Integrity)
 
Monday, May 20, 2013

StateCollegeActionDate of ActionCommentDocumentation
AlabamaNorth Georgia Technical CollegePending10/19/2011Waiting on response from the Office of the Alabama Secretary of StateNorthGa/Alabama-Contact.pdf
AlaskaNorth Georgia Technical CollegeNot Authorized11/10/2011Out-of-state institutions with no physical presence in Alaska are required to apply for exemption from authorization to operate a postsecondary institution in Alaska. It will be necessary for the 25 public technical colleges in Georgia to individually apply for exemption from authorization and submit the $100 application fee.The authorization for exemption is valid for two years. Currently, there is no renewal fee. Exemption is based on accreditation by an agency recognized by the United States Secretary of Education. Southwest Georgia Technical College is accredited by SACS: COC, which is recognized by US DOE. SWGTC does not have any current or prospective students from Alaska. NorthGa/Alaska-Contact.pdf
ArkansasNorth Georgia Technical CollegePending11/20/2011The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011NorthGa/Arkansas-Letter-Of-Notification.docx
ArizonaNorth Georgia Technical CollegeApproved11/20/2011The 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 waiverNorthGa/Arizona-contact.pdf
CaliforniaNorth Georgia Technical CollegeApproved11/20/2011North Georgia Technical College, as a public funded institution, does not need to seek approval to offer distance education programs in California.NorthGa/California-Contact.pdf
ColoradoNorth Georgia Technical CollegeApproved11/20/2011North Georgia Technical College as a public technical college meets an exemption under the DPOS. Therefore, under current regulations by either division, the 25 technical colleges in Georgia do not meet criteria for authorization in Colorado. NorthGa/Colorado-Contact.pdf
ConnecticutNorth Georgia Technical CollegeApproved11/21/2011North Georgia Technical College does not have a physical presence in the state of Connecticut; therefore, North Georgia Technical College is not required to make application.NorthGa/Connecticut-Contact.pdf
Dist. ColumbiaNorth Georgia Technical CollegeNot Applied5/23/2011  
DelawareNorth Georgia Technical CollegeApproved11/21/2011North Georgia Technical College does not maintain a physical presence in Delaware; therefore, no application is necessary.NorthGa/Delaware-Contact.pdf
FloridaNorth Georgia Technical CollegePending11/22/2011The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerening distance education courses for regionally accreditated institutions (SACS-COC) which are entered into the SREB's e-campus database.NorthGa/Florida-Contact.pdf
HawaiiNorth Georgia Technical CollegeApproved11/21/2011North Georgia Technical College is accredited by COC which is recognized by the United States Department of Education. Therefore, North Georgia Technical College is not required to make application http://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0446E/HRS_0446E-0001_0006.htm
IdahoNorth Georgia Technical CollegeApproved1/3/2011Effective June 13, 2011, Idaho changed its policy and now requires only those degree granting institutions with actual teaching or business operations inside the state to register.NorthGa/Idaho-Contact.pdf
IllinoisNorth Georgia Technical CollegeNot Authorized1/4/2011Illinois Board of Higher Education approval of distance education programs may not be necessary for those institutions with no physical presence in Illinois. Institutions that may meet the exemption requirements under Illinois statute should submit a request through the online submission process and staff will provide a response. Know that proctors, clinicals, internships, externships, etc., may trigger a physical presence. Would need to submit an Illinois Distance Education Programs - Online Request Form. North Georgia Technical College does not have any current or prospective students from Illinois. 
IndianaNorth Georgia Technical CollegePending1/4/2012Per Mr. Ross Miller, Director of Accreditation and Regulatory Compliance from the Indiana Commission on Proprietary Education the 25 technical colleges within the Technical College System of Georgia are exempt for having to apply for authorization to teach distance education students to Indiana residents due to TCSG and the 25 technical colleges being a state - public system which is supported by taxation from local and state funds.NorthGa/Indiana-Contact.pdf
IowaNorth Georgia Technical CollegePending1/4/2012TCSG has emailed Iowa a written notice stating none of the 25 technical colleges in Georgia meet any of the conditions (physical presence) in Iowa. TCSG is waiting on a response - a written statement on behalf of all of the schools that essentially states none are required to register with the state of Iowa at this time. NorthGa/Iowa-Contact.pdf
KansasNorth Georgia Technical CollegeApproved1/6/2012The schools of the Technical College System of Georgia do not need to apply with the Kansas Board of Regents for a Certificate of Approval. Should any of these schools significantly increase its Kansas enrollments, decide to direct market to Kansas residents (including email campaigns to Kansas teachers), or hire faculty that reside and teach within Kansas, we ask that you contact our office to begin the process of applying for a Certificate of Approval. Please note, Kansas statutes also requires these institutions be approved to operate should their programs require an externship, internship, mentorship or clinical be completed in the state of Kansas.NorthGa/Kansas-Contact.pdf
KentuckyNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011 
LouisianaNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011 
MaineNorth Georgia Technical CollegeNot Authorized1/6/2012On-line instructional service providers, with no physical presence within the boundaries of the State of Maine, are not required to secure Maine licensure to operate as a proprietary school or State Board of Education authorization to operate in Maine as an approved degree-granting institution. If Augusta Tech plans to apply to teach Distance Education courses, the following survey must be completed first. http://www.surveymonkey.com/s/ospnf  
MarylandNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011. 
MassachusettsNorth Georgia Technical CollegeNot Authorized1/25/2012North Georgia Technical College is not authorized or licensed by the state of Massachusetts to provide educational services. 
MichiganNorth Georgia 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
MinnesotaNorth Georgia Technical CollegeNot Applied5/23/2011  
MississippiNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011. 
MissouriNorth Georgia Technical CollegeNot Applied5/23/2011  
MontanaNorth Georgia Technical CollegeApproved1/25/2012State authorization receivedNorthGa/Montana-Contact.pdf
NebraskaNorth Georgia Technical CollegeApproved1/25/2012North Georgia Technical College is approved to teach Nebraska students via Distanc Education technologies because the college does not maintain a physical presence in NebraskaNorthGa/Nebraska-Contact.pdf
NevadaNorth Georgia Technical CollegeApproved1/25/2012The Commission on Postsecondary Education for the state of Nevada does not require North Georgia Technical College to be licensed.NorthGa/Nevada-Contact.pdf
New HampshireNorth Georgia Technical CollegeNot Applied5/23/2011  
New JerseyNorth Georgia Technical CollegeNot Applied5/23/2011  
New MexicoNorth Georgia Technical CollegeNot Applied5/23/2011  
New YorkNorth Georgia Technical CollegeNot Applied5/23/2011  
North CarolinaNorth Georgia Technical CollegePending1/17/2012North Georgia Technical College has obtained correct instructions for applying for licensure in NC for Degree Programs. The NC Community Colleges system has been contacted about Diploma and TCCs program licensure. The Southern Regional Education Board (SREB) is also working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011.NorthGa/North-Carolina-Contact 1-31-2012.pdf
North DakotaNorth Georgia Technical CollegeNot Applied5/23/2011  
OhioNorth Georgia Technical CollegeNot Applied5/23/2011  
OklahomaNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011. 
OregonNorth Georgia Technical CollegeNot Applied5/23/2011  
PennsylvaniaNorth Georgia Technical CollegeNot Applied5/23/2011  
Rhode IslandNorth Georgia Technical CollegeApproved1/17/2012It shall be the policy of the Board of Governors for Higher Education that, so long as a provider of distance learning has no physical presence in Rhode Island, it will not be subject to Board of Governors regulations. [Please see page A-3.2 of the policy for a definition of physical presence.]NorthGa/Rhode-Island-Contact.pdf
South CarolinaNorth Georgia Technical CollegeApproved1/17/2012North Georgia Technical College contacted the South Carolina Commission on Higher Education. The Commission stated that neither practicum nor clinical sites are regulated by the agency. NGTC has contacted the SC Department of Licensing to find out if that entity regulates clinical sites. Additionally, the Commission indicated that the terms of NGTC's internships do not qualify as "physical presence" and are not subject to required application for licensure. The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011.NorthGa/South-Carolina-Contact-1-17-2012b.pdf
South DakotaNorth Georgia Technical CollegeApproved1/17/2012North Georgia Technical College is accredited by an accrediting agency recognized by the U.S. Education Department (COC) and is approved to offer student federal financial aid. Therefore, NGTC is approved to teach distance education classes to students from South Dakota.NorthGa/South-Dakota-Contact.pdf
TennesseeNorth Georgia Technical CollegePending6/21/2011A 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. 
TexasNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011. 
UtahNorth Georgia Technical CollegeNot Applied5/23/2011  
VermontNorth Georgia Technical CollegePending1/17/2012TCSG has emailed Vermont to verify that the 25 technical colleges of Georgia do not have or intend to have a physical presence in Vermont. TCSG is waiting on a response indicating that approval from the state of Vermont is not required.NorthGa/Vermont-Contact.pdf
VirginiaNorth Georgia Technical CollegeApproved6/10/2011If 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
WashingtonNorth Georgia Technical CollegeApproved1/17/2012North Georgia Technical College does not have a physical presence in the state of Washington so authorization from the Washington State Higher Education Board is not required. NorthGa/Washing-Contact.pdf
West VirginiaNorth Georgia Technical CollegePending1/6/2012The Southern Regional Education Board (SREB) is working towards a reciprocal agreement between the 16 member states concerning distance education courses for regionally accreditated institutions (SACS: COC) which are entered into the SREB's e-campus database. Finalization of the agreement should be November 2011. 
WisconsinNorth Georgia 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
WyomingNorth Georgia Technical CollegeNot Authorized5/23/2011North Georgia Technical College is not seeking licensure by the state of Wyoming due to a $100 registration fee. North Georgia Technical College is accredited by SACS: COC, which is recognized by US DOE. NGTC does not have any current or prospective students from Wyoming. 
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