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Career education review and ritzert & leyton, P.C. webinar series: “The DEPARTMENT OF EDUCATION’S STATE AUTHORIZATION RULE”. May 15, 2014. disclaimer. The Views Expressed In This Presentation Are Those Of The Speaker(s) Only.
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May 15, 2014
3. SARA and State Exercise of Jurisdiction Over Distance Education
See Preamble, Final Rule, 75 Fed. Reg. 66832-66975 (Oct. 29, 2010)
The D.C. Circuit Court reversed the district court decision that APSCU lacked standing to challenge the State authorization regulation and reached a decision on the merits that the Department’s State authorization rule complies with the Administrative Procedure Act because it is based on HEA statutory authority and “reasoned decision-making,” and thus not arbitrary or capricious. D.C. Circuit accepted the portion of ED’s rationale based on perceived problems to students caused by the prior California oversight agency lapse of oversight and “anecdotal” evidence of State-shopping by schools looking to locate in States with weak oversight.
Upshot: Department of Education has authority to require minimum standards under State law in order for institutions to be Title IV eligible and is free to fully implement 34 CFR 600.9(a) and (b).
Practical Effect: 34 CFR 600.9(c) is vacated and cannot be enforced. As a result, ED initiated the current Negotiated Rulemaking session on distance educationto re-establish a distance education /correspondence course State authorization rule. .
Vacated 34 CFR 600.9(c) –
“If an institution is offering postsecondary education through distance or correspondence education to students in a State in which it is not physically locatedor in which it is otherwise subject to State jurisdiction as determined by the State, the institution must meet any State requirements for it to be legally offering postsecondary distance or correspondence education in that State. An institution must be able to document to the Secretary the State’s approval upon request.”
Career Education Review