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Non-NY State Authorization and Distance Education

State Authorization refers to: (1) the regulation of distance education courses and programs offered to residents of a particular state by an institution based in another state, and (2) various non-distance activities within a particular state by institutions outside of that state.

For approval of distance education programs in New York State, click here.

Distance education is defined as a system and a process that connects learners with providers via distributed learning resources. While distance learning takes a wide variety of forms, all distance learning is characterized by: a separation of place and/or time between instructor and learner, among learners, and/or between learners and learning resources. If your school offers courses or programs in the form of distance education to students who do not reside within New York State while completing their studies, the information that follows will apply to you.

In addition, if your school or program has activity in the following catagories: non-classroom experiences, marketing and/or advertising, or proctoring, State Authorization may also apply to you. 

Each of the categories below, depending on the nature or level of activity, can serve to constitute what a state might consider a physical presence within its borders by an out-of-state institution, whether or not related to a  distance education program, and thus will necessitate state authorization.

Each individual state has created its own set of standards and guidelines with respect to educational activities within its borders by out-of-state institutions.

If your school or program meets or plans activities with respect to distance education courses or programs or non-distance program offerings which will meet any of the following catagories as defined below, please contact Brianna Bates, Accreditation Coordinator in the Office of Academic Program Review at brianna.bates@nyu.edu or 212-998-2388. 

The following catagories highlight when State Authorization is required:

Specific states have deemed activity related to the proctoring of exams or assignments within their state to constitute a physical presence in that state.

To identify states where you need State Authorization to conduct proctoring activity, click here for a map and click here for a chart.

States have defined marketing and/or advertising within their borders as constituting a physical presence and need for authorization prior to an out-of-state institution being allowed to advertise by local and/or national means. This includes but is not limited to: having recruiting agents or sales representatives active within the state, print advertising, radio advertising, television advertising. 

Click here to view a map and click her to view a chart of states where marketing and/or advertising activities are restricted until State Authorization is granted.

Specific states have deemed the hiring of their residents as faculty for a distance education program offered by a non-local academic institution to constitute a physical presence in that state. 

Click here to view a map and click here to view a chart coded to denote which states require State Authorization if faculty residing in that state are hired to teach in a distance education program or if you have plans to do so.

Specific states have classified “on the ground” educational activities, even when part of a distance education course or program, as constituting a physical presence and need for authorization within their state. If a student is completing any non-classroom credit bearing component or general requirement for any program outside of New York State, authorization within the specific state may be required prior to the completion of the educational activity. This includes: internships, externships, field experience, clinicals, practicums, student teaching and medical clerkships. 

Click here to view a map coded to denote which states have restrictions on non-classroom opportunities and here view a chart which includes the information from the map plus additional details. 

In addition to the items listed above, the following are often defined by a state as constituting a physical presence within its borders and therefore requiring authorization. If a school or program has any of the following, please notify our office so that we can plan accordingly for compliance:

- Any computer servers located in a state other than New York

- A phone number generated from a state other than New York

- An IP (internet provider) address generated from a state other than New York

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The survey below must be completed once the link is open. Due to the fact that some information requested may need to compiled, please see this sheet for the information that will be requested within the survey. 

In addition, there is a request to attach an information sheet. Click here to access this sheet. Please complete this sheet if any of your school programs or courses have one or both of the following:

1. The ability to complete an entire program or course via distance education and/or;

2. Any non-classroom offering (internship, externship, clinical, practicum, student teaching, field work, clerkship, etc). 

Please click here to complete the survey

Click here to view the slides from the presentation 

A video recording of the presentation  can be viewed by clicking here.

Educational institutionsare required to:

Have made a good-faith effort at complying with any applicable state approval or licensure requirements in each state in which it operates by July 1, 2014.

NYU has made/is making a good-faith effort and is complying with these regulations in the following ways:

  • NYU has contacted all state regulators to determine what requirements each state has for being authorized
  •  NYU is completing applications to be authorized when necessary
  • NYU has procedures for tracking the changing requirements in states

State Higher Education Executive Officers Association (SHEEO): Click here to be redirected to the SHEEO website 

Additional resources coming soon.

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