The issue of State Authorization has not gone away. The federal regulation requiring institutions to comply with state regulations was "vacated" by a federal court order, which was upheld in 2012. The regulation was set aside on purely procedural grounds.
Federal regulations acknowledge that even without the federal regulations, states still expect you to follow their laws. Reciprocity agreements have been drafted but are far from being in order to be adopted.
If you have students who reside outside of New York state and are enrolled in a distance education program, you will likely have to go through the process for State Authorization in the state in which you have students. Do not worry - you are not alone. It is a complicated process but Brianna Bates, Assistant Director of Academic Program Review (APR), will guide you through the process and paperwork.
For now, as NYU works to comply with all State Authorization requirements, it is important that APR be made aware of the level of activity in other states. This will help prioritize the order in which applications should take place to avoid fines and other penalties.
If you have no distance education aspects, but have marketing and/or advertising activity, non-classroom offerings (internship, externship, clinical, practicum, field experience, clerkship, etc.), or any proctoring activities, you may be required to apply for authorization in specific states, depending on the laws and regulations of those states.
Please refer to the categories listing the key triggers for State Authorization on the Additional triggers page.
Please notify our office immediately. It is important that we be aware of all activity so that we can navigate regulations to comply and protect the placement of that student.
We know that your team works hard to make placements available, and that these experiences are invaluable to students. With your help, we are working as hard as we can to keep all opportunities open to NYU students.
Prior to securing authorization, please understand that is may be necessary to restrict placements within specific states.
The following states require state authorization to proctor within their state: Delaware, Kansas, Kentucky, Minnesota, New Hampshire, Oregon, Rhode Island, and West Virginia.
Maybe. Please view the map and chart listed as resources on the Marketing, Advertising, and Recruitment site.
You first need to obtain approval from the New York State Education Department to offer the program. Consult APR's Program Approval site for instructions for instituting new programs or program changes. Contact the Office of Academic Program Review if you have any questions.
Yes, but this list is dependent upon the distance education offering not having any of the other triggers present.
A chart to provide you with an easily accessible listing is forthcoming.
Yes. You need to, and should have, a statement on your website stating as much. You should also have a system for turning students from non-approving states away.
A sample statement could be, "Students from x, y, and z states are restricted from enrolling at this time."
One or a combination of the following could happen: fines may be assessed to New York University, the state may request that the student be pulled from their placement or de-enrolled in their program (which could incur additional financial cost, and a strained relationship would exist moving forward toward securing authorization within that specific state).
Thirteen states have regulations that require educational institutions to secure state authorization prior to offering Continuing Education Units (CEUs) 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:
Another 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 CEUs, individuals in the restricted states will not be able to access the materials. The State Authorization issue has grown out of a consumer protection focus. Even without CEUs 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 a non-compliant activity.
Restricting enrollments is best practice to protect NYU from liabilities and potential fines for non-compliance. For the time being, it is essential that individuals residing in these states simply be restricted from enrolling.