Welcome back to fun with regulations!

Yesterday we looked at the changes to our professional licensure programs and what we will need to do to be compliant by July 1, 2024. Today we're going to take a (much shorter) look at the change in regulations pertaining to state authorization and the new requirement pertaining to experiential learning placements. Again, these go in to effect July 1, 2024.

In 668.14(b)(32)(iii) the ED decided to address the concerns of the various consumer protection groups surrounding State Authorization. It did change (thankfully) from the proposed and now that pesky term "misrepresentation" is gone. But that doesn't mean we're entirely out of the woods. This section reads that for each state in which students are located and are enrolled in programs that are eligible for Title IV, we must determine that the program,

(iii) Complies with all State laws related to closure, including record retention, teach‐out plans or agreements, and tuition recovery funds or surety bonds.

Sure, but uh, a few things:

• We already agree to this when we renew our participation in SARA every year. If you recall, #10 on the renewal form notes that,

The institution agrees that in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education the student did not receive. This may include tuition assurance funds, surety bonds, irrevocable letter of credit, assistance with transfer, teach‐out provisions or other practices deemed sufficient to protect consumers.

• Typically, things around "closure" pertain to institutions as a whole, not programs, so the way this is worded, within the context of the phrase "each program eligible for Title IV..." seems odd.
• One of the questions several of us were mulling over last week was whether this would give a state the authority to require an institution operating within their borders (either online or on ground) to get a surety bond? And if so, could we expect then it would be based on certain metrics/data or would this be one of those sector specific issues from a state (e.g., CA and NY are no fans of the FP sector, could they force a proprietary institution delivering education in their state to be bonded)?
• What other state laws are there pertaining to "closure" and where do we find them all?
• Would we need to have an agreement with each state we deliver education in, beyond SARA, to ensure we would follow their state specific laws should "closure" occur? 
• And again, is this about programs or the institution as a whole?

I'm sure that there will be more on this piece in coming months from both the leadership at NC‐SARA as well as WCET & SAN. Hopefully, the ED will be giving us some clarification prior to implementation on July 1st.

The other piece of regulation that is new relates to our experiential learning placements that are required as part of licensure programs. That is, any practicum or clinical placements that are required as part of the professional licensure programs we offer.

The new regulation, found in 668.16(r ) requires that for these students, we provide them with a "geographically accessible" placement within 45‐days of their successful completion of their required coursework. What does this mean ‐ let's take Boulder's MA‐SLP as an example. Students enrolled in this program must complete a certain number of hours in a clinical practicum. This regulation means that we have (approx.) 45‐days from when they complete their course work to get them assigned and hopefully in their required placement and since this program is offered on ground in Boulder, someplace that isn't a half‐a‐world away.

So, what is considered "geographically accessible?" "The Department declines to provide a specific set of metrics for measuring what is geographically accessible..." Instead, the ED asks that we make our own assessment and apply it consistently, taking into consideration that a professional degree in highly specialized fields would most certainly have to travel a longer distance, whereas students enrolled in a one‐year training certificate would not be expected to move 100+ miles away to complete said placement. But what if a student secures their own placement in Philly? According to the ED that is fine as it's the student's choice. The ED notes that we're not obligated to provide them with another placement that would be considered "geographically accessible" ‐ if the student chose it that is fine and allowable.

And what about that new 45‐day clock? Thankfully, the ED does not expect that these experiences will start exactly within that 45‐day period. The expectation is that students are at the very least assigned but not starting too much beyond that timeframe. The ED will consider whether pattern of experiences starting "well outside reasonable periods" is occurring at the institution. The example they give is a student finishing their coursework and being offered a spot in a clinical environment that won't start for another year, giving that student an extended gap after finishing their coursework. That would be considered non‐compliant under this regulation.

What do you need to do right now? What are the various processes for assigning students to a clinical or practicum in your campus’s professional licensure programs? What does that time frame look like? Have you had any placements that started well after a student completed their course work? Do students continue with their coursework while participating in their external placements (which btw would be a way around this regulation)?

In case my emails aren't enough and you're jonesing for even more, again the folks at WCET & SAN have put together another great post on these issues relating to State Closure Laws and the Impact on Reciprocity Agreements.

*And* two webinars to add to the calendar if you have time:

• NC‐SARA is hosting a session on 11/7/23 on the ED Final Regulations and SARA. Leadership
• WCET and SAN are hosting a session on 11/15/23 on "Waze" to Find the Detours and Fast Lanes to Understand New U.S. Department of Educatoon Guidance and Regulations.

Erika G. Swain
Associate Director for State Authorization
Office of Academic Affairs
University of Colorado System
e: swaine@cu.edu
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Assistant Director for Compliance and Authorization
Office of Data Analytics | Office of Institutional Research
University of Colorado Boulder
e: Erika.Swain@colorado.edu
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o: (303) 735‐8184
c: (518) 637‐9785

“Today I will be a Bulgarian Minister of Education,” Bokonon tells us. “Tomorrow I will be Helen of Troy.” – Vonnegut, Cat’s Cradle