Dept. Ed. Reminder: July 1 Is Final Deadline To Comply With State Authorization Regs

In a January 23 "Dear Colleague" letter, the Department of Education reminded institutions that final extension of the deadline for coming into compliance with state authorization regulations will expire on July 1, 2013.

The authorization regulations, issued in October 2010, require that a college or university be "established by name" as a postsecondary educational institution by a state. Each state must have a process to review and appropriately act upon any complaints about such an institution. Also, each institution must disclose to students and prospective students the procedures for filing complaints with an accreditor, a state approval or licensing agency, and any other appropriate state agency.

The original state authorization regulations also included provisions relating to distance education, but those sections of the regulations were struck down in court.

The original date for complying with the authorization regulations was July 1, 2011, but the Department extended it two years to allow states the opportunity, if necessary, to modify their laws or procedures to come into compliance. The Department’s January reminder that the extension will expire this July is an indication that enforcement actions could begin this summer. As of July 1, all institutions should be prepared to demonstrate they have met the mandated “established by name” requirements and have the requisite student disclosures that include information about filing complaints with the appropriate state agencies.

For additional background on the state authorization regulations, see these earlier stories in Washington Update:

• Final Program Integrity Regulations Published: Many Changes Ahead, 12/22/2010
• Program Integrity Regulations Continue to Raise Questions, Concerns, 2/11/2012
• Higher Ed, Accreditation Communities Urge Rescission of New State Authorization Regs, 3/4/ 2011
• Department Releases Guidance on State Authorization, Credit Hour, Other Areas, 3/23/2011
• State Authorization of Distance Education Vacated by U.S. District Court, 7/13/2011
• House Supports Repeal of Credit Hour/State Authorization Regs, 3/13/2012

For more information, please contact:
Tim Powers