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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:


Proctoring

Specific states have deemed activity related to the proctoring of exams or assignments within their state to constitute a physical presence in that state. Currently, NYU restricts proctoring activity in the states listed below. 

Proctoring Restrictions

State
Delaware (only restricted in classroom setting)
Kentucky
Minnesota 
New Hampshire
Oregon
Rhode Island
West Virginia
Proctoring Restrictions

Marketing/Advertising/Recruiting

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. Currently, NYU restricts marketing and/or advertising activity in the states listed below. 

Marketing/Advertising/Recruiting

Distance Education SpecificGeneral
Local                   National Local                 National
                          Oklahoma Arkansas

Kentucky

Massachusetts   Massachusetts

Minnesota

Mississippi

New Mexico

Oregon

South Carolina

Tennessee

Washington

West Virginia
Marketing/Advertising/Recruiting Restrictions

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.


Non-classroom Experience: Internships, externships, field experience, clinicals, practicums, student teaching and medical clerkships

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 completion of the educational activity. This includes: internships, externships, clinicals, practicums, student teaching and medical clerkships.

Please click here to access a current chart summary of the non-classroom experience restrictions for NYU.

 

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

professor


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


Presentations

NYU State Authorization Meeting, April 2013: Ms. Brianna L. Bates, Accreditation Coordinator

State Authorization, ADEIL Conference October 2013: Ms. Brianna L. Bates, Accreditation Coordinator


April 2013:

Click here to access the requested information sheet that should be uploaded within the survey. Please complete and upload the additional information 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

October 2013:

If you reciebed the memo requesting participation, click here to access the required non-classroom experience survey. This data will be used for compliance in MD, NC and MA.

Note: these surverys are now password protected and should not be used by other institutions without the permission from NYU. Please contact our office for additional information if interested.

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

National Council for State Authorization Recprocity Agreement (NC-SARA): Click here to be redirected to the NC-SARA website

WCET State Authorization Network (SAN): Click here to be recirected to the WCET SAN website

 

FAQs

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