U.S. Reminds Colleges of Pending Rules on State Approval

February 1, 2013

Most of the attention related to the controversial "state authorization" regulations that the U.S. Education Department sought to implement in 2010 revolved around their potential application to distance education programs -- which a federal court invalidated in July 2011, and the agency said a year later it would not enforce. But lest college leaders (or state officials) think they were off the hook for the rest of the new requirements related to seeking state approval, the Education Department sent a little reminder to the contrary last week.

In a "Dear Colleague" letter to state education officials, department administrators noted that the delays in enforcement (of up to two years) that individual colleges could seek if they had been unable to obtain authorization to maintain a physical presence in a given state would be exhausted by the end of June 2013. So any institution that has not been granted approval to operate a physical campus in a state under the terms of the 2011 rules by then will risk losing access to federal financial aid funds, the letter notes.

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