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Federal Student Complaint Regulation - Clarifying Misconceptions

July 19, 2011 In the hubbub over the ‘state authorization’ issue for distance education, we have not paid as much attention to another part of the regulations released last October.  Each institution must notify all current and…

Court "Vacates" Distance Ed Portion of State Authorization Regulation

July 12, 2011 Today (July 12, 2011), the United States District Court for the District of Columbia struck down the distance education portion of the U.S. Department of Education’s (USDOE) ‘state authorization regulations.  The…

What Would Repealing the Federal 'State Authorization' Regulation Accomplish

June 20, 2011 Last week, Cyd Grua, from the Utah System of Higher Education asked me: OK, Russ, I am going to ask what is probably a really dumb question:  with or without Department of Education involvement, we all now know the…

State Regulators Work to Clarify Regulations for Distance Education Providers

June 9, 2011 Several months have passed since I last scoured the state regulatory agency websites for information about which institutions must seek approval to operate to be in compliance with state and federal regulations.  We…

Now is Not the Time to Relax (or Even to Panic)

May 25, 2011 Michael Goldstein and Greg Ferenbach represent Dow Lohnes, a Washington, DC firm with one of its specializations in higher education law.  They have been very helpful in interpreting the federal versions of the state…

State Authorization Timeline Clarification and New Resource

May 24, 2011 Before we get to some great resources from SHEEO, NCHEMS, Ohio Learning Network, and UMassOnlne, we’ll address a question we have received often.  Since the release of the second ‘Dear Colleague’ letter by the…

State Approval: US ED Issues Second 'Dear Colleague Letter

April 20, 2011 Around 5:00 Eastern Time today (April 20), the U.S. Department of Education (USDOE) released a new ‘Dear Colleague’ letter on the ‘state authorization’ regulation.  After a quick review, below are immediate…

State Approval: "Cease & Desist" and "Teach Out"

April 13, 2011 “It is illegal for you to offer classes in this state.” Stay Outta My State That was the essence of a call that a WCET member institution received last week.  A state regulator from another state called the registrar…

State Approval: Rumors and Implications

April 8, 2011 Rumors There are rumors, hints, innuendos, and whispers floating around about the federal ‘state authorization’ regulation… A leader of a national organization (who had been in contact with the Department of Education on…

State Approval: 16 US ED Observations/Responses...In Their Own Words

March 30, 2011 On Monday, the Presidents’ Forum of Excelsior College held a meeting in Washington, DC addressing the “Federalization of Higher Education.”  Other topics arose, but the main focus of the discussion was on the ‘state…