By Judith McDaniel
Editor, Web-based Course Design
[Note: Judith is both a college professor (PhD) and a lawyer (JD). -Editor]
Under federal USDE rules that took effect on July 1, 2011, every online program, school, university is now required to apply for approval in every state in which it has (or recruits) students. Schools have three years to come into compliance with the new regulations, but as of July 1, they must show a “good faith effort” to meet this requirement. A number of educational journals have been following this implementation (“As Costs of New Rule Are Felt, Colleges Rethink Online Course Offerings in Other States“), but I’d like to look at the consequences down the road a bit further.
According to U.S. law, each state regulates its own education. In the past, this has meant that it could set the standards for the brick and mortar institutions that did business there — that have an actual physical presence in the state. Today’s new rules do not require that the institution have a brick and mortar presence in the state, but if a student is physically present in that state, the school in which the student is studying must meet state standards.
Disclosure: I teach in a fully online M.A. program. My students come from all over the United States. I have had students studying while they lived in Europe or South America. Today, one is attending a seminar in Dublin (physically present in Ireland) and receiving credit. Recently, a student living in Ohio lost her job and moved back to live with her parents in Texas. Another moved with her husband from Vermont to a new job in South Dakota. Life goes on, and adult students frequently choose online education because it allows them the flexibility they need as adults with professional and family lives. Continue reading
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