NAICU Washington Update

State Authorization Provisions Expected to go Into Effect on July 1, 2015

May 13, 2015

After several years of delay (See June 27, 2014 Washington Update), the Department of Education appears set to implement state authorization regulations effective on July 1, 2015. The provisions that will be implemented are those requiring an institution to be authorized by the state in which it has its main location, or in which it has an additional physical location offering at least half of an educational program. The requirements do not deal with the authorization of distance education programs, which were struck down in court and are not currently in effect.

Unfortunately, an institution often is unaware its authorization is in question until an issue is raised during recertification review. The Education Department has not made available a list of states that are out of compliance, so institutions could be caught by surprise when they go through their next recertification process.

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