The State of State Regulation of Cross-Border Postsecondary Education The 2006 Survey.

The State of State Regulation of

Cross-Border Postsecondary Education

The 2006 Survey

51 Agencies

representing

43 States

Does the agency use a “physical presence” standard to determine whether out-of-state postsecondary institutions fall under the regulatory jurisdiction of the state?

81%

19%

Would enrolling state residents in a strictly online class, considered alone, constitute a presence sufficient to require licensure?

77%

23%

Note: “Licensure” subsumes any required state educational approvals.

Assuming an intent to enroll students residing in the state, would maintaining an in-state mailing address, considered alone, constitute a presence sufficient to require licensure?

21%

79%

Assuming an intent to enroll students residing in the state, would maintaining an in-state telephone and/or fax number, considered alone, constitute a presence sufficient to require licensure?

20%

80%

Assuming an intent to enroll students residing in the state, would direct mail to residents of the state, considered alone, constitute a presence sufficient to require licensure?

67%

33%

Assuming an intent to enroll students residing in the state, would television, radio, or print advertising in national media, considered alone, constitute a presence sufficient to require licensure?

96%

4%

Assuming an intent to enroll students residing in the state, would television, radio or print advertising in local media, considered alone, constitute a presence sufficient to require licensure?

49%51%

Assuming an intent to enroll students residing in the state, would Internet advertising, considered alone, constitute a presence sufficient to require licensure?

87%

13%

Assuming an intent to enroll students residing in the state, would the presence of recruiters, solicitors, or agents, considered alone, constitute a presence sufficient to require licensure?

37%

63%

Assuming an intent to enroll students residing in the state, would requiring students to take examinations at a location within the state, considered alone, constitute a presence sufficient to require licensure?

20%

80%

Assuming an intent to enroll students from the state, would contracting with a local institution (library, community college) to provide access to information resources, considered alone, constitute a presence sufficient to require licensure?

33%

67%

Assuming an intent to enroll students residing in the state, would requiring students to gather together (e.g. study groups) without the presence of an instructor, considered alone, constitute a presence sufficient to require licensure?

49%51%

Assuming an intent to enroll students residing in the state, would providing students with in-person advising or tutor services within the state, considered alone, constitute a presence sufficient to require licensure?

13%

87%

Would the presence of instructors or tutors in-state, teaching students outside of the state via online or remote interaction, considered alone, constitute a presence sufficient to require licensure?

44%56%

Assuming an intent to enroll students residing in the state, would the presence of instructors in-state, teaching students within the state online or remote interactions, considered alone, constitute a presence sufficient to require licensure?

Assuming an intent to enroll students residing in the state, would enrolling employees of a company in an online class that is limited to such employees, considered alone, constitute a presence sufficient to require licensure?

72%

28%

Assuming an intent to enroll students residing in the state, would enrolling persons in an affinity group (club, association) in an online class, where enrollment is limited to such group, considered alone, constitute a presence sufficient to require licensure?

61%

39%

Assuming an intent to enroll students residing in the state, would the presence of an internet server or other institution-owned telecommunication equipment within the state, considered alone, constitute a presence sufficient to require licensure?

38%

62%

Assuming an intent to enroll students residing in the state, would the presence of an administrative office at which NO instructional activities occur, considered alone, constitute a presence sufficient to require licensure?

22%

78%

Assuming an intent to enroll students residing in the state, would the presence of an administrative office at which recruitment (e.g. telemarketing) and admissions activities occur, considered alone, constitute a presence sufficient to require licensure?

11%

89%

ConsumerProtection

PromotingAccess

StateRegulators

Michael B. Goldstein

mgoldstein@dowlohnes.com

202.776.2569

1200 New Hampshire Avenue N.W.Washington, DC 20036