State Authorization refers to the regulation of both (1) 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, 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, Assistant Director in the Office of Academic Program Review at firstname.lastname@example.org or (212) 998-2388.
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.
For NYU programs that are 100% distance education, student enrollments are restricted in the following states:
Please include a disclaimer on your website that conveys this information. A sample statement could be "students from x, y and z states are restricted from enrollment at this time."
Currently, 13 states have regulations that require educational institutions to secure state authorization prior to offering Continuing Education Credits (CEU) via distance education to residents of their state. NYU has already secured approval in five of these states. Eight remain, from which enrollments should be restricted until further notice:
A common question is whether or not a program can offer a student access to the CEU, but not grant credits to them if they are from a restricted state and still remain in compliance. Unfortunately, even without offering CEU's, individuals in the restricted states won't be able to access the materials. The State Authorization issue has grown out of a consumer protection focus. Even without CEU's being granted, just delivering distance education to students in the respective states in exchange for payment could trigger a state to notify the University of non-compliant activity. Restricting enrollments is best practice to protect the University from liabilities and potential fines for non-compliance. It is essential that (for now) individuals residing in these states simply be restricted from enrolling.
*Distance learning students from Texas may enroll if schools post a conspicuous notice on the home page of their websites with the following information:
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.
|Distance Education Specific||General|
|Local National||Local National|
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.
|Delaware (only restricted in classroom setting)|
Specific states have seemed the hiring of their residents as faculty for distance education program offerings by a non-local academic institution to constitute a physical presence in that state. Currently, NYU restricts faculty serving this purpose that reside in the states listed below.
|Employing full-time and/or adjunct faculty in the state to provide instruction via distance education programs to students in the state||Employing full-time and/or adjunct faculty in the state to provide instruction via distance education programs to students outside of the state||Employing full-time and/or adjunct faculty in the state to provide instruction via distance education programs to students both inside and outside of the state|
|Georgia||District of Columbia||Alaska|
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:
NYU has made/is making a good-faith effort and is complying with these regulations in the following ways:
College of Arts and Science
Assistant Director, Academic Programs
College of Dentistry
College of Nursing
Gallatin School of Individualized Study
Global Institute of Public Health
Director of Planning and Assessment
Graduate School of Arts and Science
Associate Director, Academic Affairs
Leonard N. Stern School of Business
Assistant Dean of Global Programs
Vice Dean for MBA Programs
Office of General Counsel
Associate General Counsel
Office of Global Programs
Senior Director, Academic Support
Office of Government Relations
Director, Government Relations
Office of Undergraduate Admissions
Assistant Vice President for Undergraduate Admissions
Polytechnic School of Engineering
Director of Admissions and Enrollments
Robert F. Wagner Graduate School of Public Service
Director of Program Services
School of Law
Director, Graduate Tax Program
School of Medicine
Associate Dean for Medical Education
School of Professional Studies
Associate Director, Academic and Faculty Affairs
Silver School of Social Work
Associate Professor of Social Work; Associate Dean, Professional Programs; Director, MSW Program
Steinhardt School of Culture, Education, and Human Development
Director, Academic Affairs
Tisch School of the Arts
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).
If you received 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 redirected to the WCET SAN website