NYS Regulation of outside distance ed

Here is how the NYS Dept. of Education handles it. If a distance ed program registered in another state conducts certain physical activities in the state, then they must be licensed in NYS as well.http://www.highered.nysed.gov/ocue/ded/physprespolicy.html

Thomas, at 10:15 am EST on November 28, 2007

Russell is incorrect. Several states do require universities and colleges that offer national online programs to obtain licensure from those states if students from those states enroll in the online programs. One states that is agressively pursuing schools is Arkansas and as the report indicates, there are others.

Steve, at 11:20 am EST on November 28, 2007

Nuances are important

Thank you for the comments on the report. I would like to offer a couple of clarifications:

1) In response to a recent Dow Lohnes survey, the four states mentioned- Arizona, Nevada, Tennessee and Wisconsin- did assert jurisdiction over out-of-state schools wanting to enroll state residents in a wholly online program. Indeed, there are a small number of clear examples of online schools or online arms of on-ground schools that have secured licensure in one or more of these states on this basis alone.

For example, see p33 of Capella University’s 2006 annual report for a comment on why the school is licensed in Arizona and Wisconsin.

http://media.corporate-ir.net/med...8/189886/CPU1740_2006annual_FULL.pdf

As others have noted, various physical aspects of otherwise online delivery (e.g. on-ground recruitment, face-to-face meetings, in-person assessment) may also trigger state jurisdiction. Indeed, the majority of states currently assert some level of jurisdiction here- although regulation and enforcement are rarely well-aligned.

The point is that, depending on how things play out, state regulation may lay geographical constraints on an enterprise that is notionally unbound by state borders. Our report is attempting to raise awareness of state regulation of out-of-state distance learning. We have heard “horror stories” of out-of-state schools enrolling only a handful of students in state x but being required to obtain licensure in that state. As has often been pointed out on the Inside Higher Ed website, states enjoy significant authority in US higher education. The nature of distance education may merit a more national system, but right now distance learning and state regulation are in tension.

2) With respect, the reader who described the report’s findings as “not news” is missing the point. Most schools with online programs do not have a University of Phoenix-style network of small campus centers to turn the national market into a series of local markets. Phoenix is atypical. Most schools with online programs are based in one or two locations, or in some cases are wholly online. Many schools with online programs are significantly dependent on non-local students, as well as local students. Indeed, recruiting nationally is how some online pioneers got as big as they are today.

The argument the report is making is that as the bulk of universities and colleges gradually move online, most schools will use online delivery to serve existing, often local markets in new ways. Excepting very niche online programs, most schools will not see much merit in strongly targeting the national market, not least because they will bump up against pretty similar programs offered locally or offered by the large, more national providers.

The mainstreaming of online delivery means that what was once a substantially national online market (when online programs were more unusual) is becoming a much more fragmented market. There are certainly many programs and schools where the national market makes sense, and a significant minority of prospective students who say they would not privilege a local school, but more choice of online programs locally raises questions for schools that want/need to recruit nationally. As our report notes, there are many rationales more nationally-oriented online schools can use to downplay the supposed value of local online study. It is not a question of “the future of online is local", but rather that the mainstreaming of online delivery means that schools active in the online market need to think about geography as a different kind of variable, whether they see online as a matter of local, national or niche recruitment, or some combination.

I don’t think that the article made clear that the report is in fact eleven separate reports, breaking the country into eight regions, plus prospective student survey data.

Richard Garrett, at 1:06 pm EST on November 28, 2007

The Commerce Clause of the U.S. Constitution will likely preclude the states from overly restricting access to on-line options in 2008 year. Let’s wait and shall see to what it will result.

Proflogistics, at 4:15 am EST on November 29, 2007