The Dow Lohnes State Authorization Service provides help in navigating an increasingly dynamic regulatory environment. The Service provides institutions with the latest information on the rapidly evolving area of state authorization, particularly for distance learning programs enrolling students beyond the home state, and “hands-on” advice as to how to use that information to become and stay compliant with applicable laws without undue administrative burden or unnecessary restrictions on growth.
State authorization is entirely independent of Federal law and regulation. States have always had and in most cases exercised primary authority over the authorization of institutions to operate within their borders. However, the triggers for state authorization vary widely: while in all cases existence of a physical campus is a basis for the exercise of state authority, a few states require licensure even if an institution simply enrolls a student in that state. As a result of an abortive attempt by the US Department of Education to make state authorization wherever students are enrolled a condition of eligibility to participate in the Federal student aid programs, enforcement by the states of their oversight powers has increased. Institutions operating across state lines, including those that simply enroll students in states in which the institution otherwise has no contact, may need to secure state approval.
Subscribers to the Dow Lohnes State Authorization Service receive a quarterly report that includes:
- The most current information on institutional authorization in all 50 states, U.S. territories and the District of Columbia.
- Identification of multiple agencies operating within a state that regulate institutions, and a description of their jurisdiction and overlapping authority.
- Internal agency policies, guidance and procedures for state authorization.
- Estimated time-frames for securing various state approvals.
- Recently introduced legislative and regulatory activities in the States.
- Quarterly updates, with interim “flash” updates as necessary.
- Early alerts of important developments, such as Dear Colleague Letters.
The Service also provides subscribers with legal consultation on the applicability of particular state requirements to their circumstances and advice on identifying where authorization is not required. Separately available, on a special blended rate basis, is direct assistance in preparing or reviewing applications for authorization, taking full advantage of our direct knowledge of the state regulatory agencies and their staffs. By serving the needs of many different institutions of different types and sizes, the Dow Lohnes State Authorization Service tailors its services to meet the needs of each client, providing both comprehensive and cost-efficient solutions.