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Education Dept. Further Delays State Authorization Rule

May 23, 2013

The U.S. Education Department announced last week that it would further delay the implementation of certain portions of its state authorization rule until July 1, 2014, according to a notice published in the Federal Register.

The current regulations require institutions to obtain authorization to maintain a physical presence in a given state or risk losing Title IV eligibility. The rules set minimum standards for states to regulate colleges with campuses within their borders, including a process to handle complaints about higher education and a licensing process for colleges that are not established “by name” in the laws or constitution of a state.

The department granted individual institutions delays in enforcement “ of up to two years “ that are set to expire on July 1 of this year. But some institutions have been struggling to meet those requirements, according to the Chronicle of Higher Education, thanks to a new interpretation of the rule that would disqualify state licensure by means of accreditation “ a process that allows colleges to bypass the ordinary licensure process and be granted state approval based on their accreditation status.

After some push back, the department announced that it will provide a further delay to qualifying institutions. For more information, see: https://www.ifap.ed.gov/eannouncements/attachments/051713NoticetoFurtherDelayImplementationDateforCertainStateAuthorizationRegulatAttach.pdf

Related Links:

The Federal Register

https://www.gpo.gov/fdsys/pkg/FR-2013-05-21/pdf/2013-12087.pdf

The Chronicle of Higher Education

https://chronicle.com/article/ReliefConfusion-Mingle-as/139411/?cid=at&utm_source=at&utm_medium=en

Inside Higher Ed

https://www.insidehighered.com/news/2013/05/20/education-department-will-delay-enforcing-part-state-authorization-rule

Michelle Cormier Mott

Government Relations

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