Policy 2:30 - Out-of-State Educational Activities

Policy Contact: Office of Academic Affairs

Purpose
This policy and its procedures set forth the standards applicable to conducting university activities outside the state of South Dakota, and to ensure compliance with state, federal, and international laws and regulations; as well as NC-SARA, SDBOR and University policies.
Definitions
1. Physical Presence/Trigger Activities: out-of-state educational activities which may trigger authorization or exemption requirements as determined by state, federal, or international laws and regulations.
  1. Such activities may include but are not limited to:
    1. Credit-Bearing Educational Activities: distance education courses (as defined in SDBOR Policy 2.3.8) and internships or other experiential learning opportunities (as defined in University Policy 2:24) that are taken for academic credit.
    2. Non-Credit Educational Activities: educational activities conducted by units in which individuals participate, but do not receive academic credit.
    3. Related Business Activities: activities such as advertising, recruiting, proctoring, operating at a physical location outside of South Dakota, third party agreements or contracts, faculty or staff residing outside of South Dakota (at the direction of the University).
2. State Authorization Reciprocity Agreements (SARA or NC-SARA): A voluntary agreement among its member states and U.S. territories that establishes comparable national standards for interstate offering of postsecondary distance education courses and internships or other experiential learning opportunities, so that participating institutions are authorized to provide distance education courses and internships or other experiential learning opportunities in all member states.
3. Unit: A campus, college, department, division, institute/center, or office.
Policy
1. Out-of-State Educational Activities
  1. Units are required to obtain authorization or exemption from each state prior to conducting physical presence/trigger activities, pursuant to state law or regulation.
    1. The University is a participant in SARA, allowing the University to conduct out-of-state educational activities in other SARA member states, districts and/or territories in accordance with the NC-SARA manual.
    2. Additional authorization may be required in SARA member states if the University conducts out-of-state educational activities not covered by the University’s participation in SARA.
    3. In non-SARA member states, districts, and/or territories, units are required to obtain authorization or exemption from each state prior to conducting educational activities, pursuant to state law or regulation. The University may also be required to submit periodic renewal applications, report data, and include language in the University catalog, etc. per state law or regulation to gain or maintain authorization or exemption.
  2. Units are required to obtain authorization or exemption from each country prior to conducting physical presence/trigger activities, pursuant to international laws or regulations.
  3. In the event a unit, in cooperation with the State Authorization Team and unit leadership, is unable to secure authorization or exemption in a state, district and/or territory or country they are required to discuss, with their VP and, when appropriate, the Office of General Counsel, to assess the risks of participating in such physical presence/trigger activities.
2. Student Location
  1. Student location, for the purposes of state authorization and direct disclosures for educational programs leading to or advertised as meeting such requirements for licensure or certification, is the physical location, not necessarily the student’s legal state of residence, the student indicates through registration self-service at the time of enrollment. Students will have the opportunity to update their responses at any time and may also update them during the attendance confirmation (as outlined in SDBOR Guideline 2.3.8.A).
  2. The physical location of the student during an educational activity may impact the University’s ability to offer distance education courses and internships or other experiential learning opportunities to that student. In addition, the student’s physical location may impact that student’s receipt of federal financial aid if the University does not meet state authorization requirements in that location.
  3. Every student, regardless of modality, is required to report where they will be physically located while enrolled in courses through the University each semester (SDBOR Guideline 2.3.8.A).
3. Professional Licensure and Certification
  1. The University is required to list educational programs that are designed to meet educational requirements for a specific license or certification that is required for employment in an occupation, or is advertised as meeting such requirements, to include information whether completion of that program would be sufficient to meet licensure requirements in a state for the occupation. The list must include states in which the University has determined the curriculum meets educational requirements for licensure or certification; states for which the University has determined its curriculum does not meet the state educational requirements for licensure or certification; and states for which the University has not made a determination that its curriculum meets the state educational requirements for licensure.
  2. Units are required to provide direct disclosures to students prior to enrollment if the program does not meet education requirements for licensure or certification or the University has not made a determination whether the program meets the requirements for licensure or certification for the state in which the student is located at time of enrollment.
  3. If the University determines that the program’s curriculum does not meet the requirements for licensure or certification for the state in which a student is located; units are required to provide direct disclosures to students currently enrolled in a program within 14 calendar days of making such determination.
4. Reporting
  1. The University must annually report data on the location of exclusively distance education students based upon the annual Integrated Postsecondary Education Data System (IPEDS) report to NC-SARA.
  2. The University must annually report data on location of internship and other experiential learning opportunity placements by state, district, and/or territory, for all students to NC-SARA.
  3. The University, upon request, must provide the U.S. Department of Education with written documentation of its determination of student’s location, including the basis for such determination.
5. Roles
  1. Units are responsible for the following:
    1. State Authorization
      1. Submitting all anticipated or emerging physical presence and/or trigger activities for NC-SARA states (if activities are not covered through ��Ƶ’s NC-SARA membership), non-NCSARA member states, districts, territories, and/or foreign countries to the State Authorization Team.
      2. Being familiar with physical presence and/or trigger activities that are not covered through the University’s NC-SARA membership.
      3. Submitting all application information as requested by the State Authorization Team as required to obtain authorization or exemption in NC-SARA states (if activities are not covered through the University’s NC-SARA membership), non-NCSARA member states, districts, territories, and/or foreign countries.
      4. Providing the State Authorization Team data on location of internship and other experiential learning opportunity placements by state, district, and/or territory, for all students.
    2. Professional Licensure and Certification
      1. Identifying educational programs which are designed to meet educational requirements or advertised as meeting such requirements for a specific professional licensure or certification as outlined above.
      2. Conducting research regarding professional licensing and certification, educational requirements in relevant states, districts, territories and/or foreign countries.
      3. Taking the necessary steps to obtain approval or exemption from the appropriate licensing board(s).
      4. Supplying any professional licensing board approval or exemption letters or emails to the State Authorization Team upon receipt.
      5. Disclosing state authorization and professional licensing board status to students as outlined in the procedures below.
  2. State Authorization Team
    1. The State Authorization Team is comprised of staff members within the Office of Continuing and Distance Education responsible for seeking, communicating and maintaining institutional compliance with state, federal, and international laws and regulations related to the offering of out-of-state educational activities and related business activities.
    2. The State Authorization Team shall:
      1. Provide guidance to units regarding state, federal, and international regulations as it pertains to out-of-state educational activities.
      2. Inform units of changes to state, federal, and international regulations.
      3. Oversee the University’s membership with NC-SARA, to include renewal and reporting requirements.
      4. Oversee the application process for obtaining authorization or exemption in NC-SARA states (if activities are not covered through the University’s NC-SARA membership), non-NCSARA member states, districts, territories, and/or foreign countries.
      5. Develop and maintain the state authorization and professional licensure and certification public websites.
  3. Institutional Research and Records and Registration shall collaborate with the State Authorization Team to fulfill annual reporting requirements for NC-SARA and, upon request, for the U.S. Department of Education.
Procedures
1. Consultation on Physical Presence and/or Trigger Activities
  1. Units planning to engage in physical presence and/or a trigger activity should refer to the state authorization website or consult with the State Authorization Team as soon as practical.
  2. If the out-of-state educational activity falls outside the scope of NC-SARA or takes place in a non-SARA state, district or territory or foreign country, the State Authorization Team and the unit will jointly determine a plan of action to move forward based on the gathered information. This may include but is not limited to research of applicable laws and regulations, outreach to state, district, territory or foreign governing bodies, and application for authorization as required.
  3. Faculty and staff have an ongoing obligation to inform their unit leadership of physical presence and/or trigger activities they conduct or plan to conduct.
2. Formal Notification of Student Location
  1. Students will be prompted to indicate where they will be physically located while enrolled in courses through the University upon registration for the upcoming semester(s) through the registration self-service platform.
  2. In the case that a student’s physical location changes from time of registration, students will have the opportunity to update this information through the attendance confirmation process for each semester.
  3. Formal Receipt of student physical location by semester may be accessed by the State Authorization Team and/or units via the Cognos State Authorization Report.
3. Disclosing State Authorization
  1. The State Authorization Team publicly discloses the University’s authorization or exemption to conduct physical presence/trigger activities outside the state of South Dakota through the state authorization website.
  2. If a student’s physical location will be outside the state of South Dakota while enrolled in distance education course(s) and/or an internship or other experiential learning opportunity, the student should access the University’s state authorization webpage prior to registering for a class/program to verify the University’s authorization or exemption within that state or country. If the student has any questions, they should contact their advisor or the Office of Continuing and Distance Education.
4. Disclosing Educational Requirements for Licensure and/or Certification
  1. The State Authorization Team, through the professional licensure and certification website, publicly discloses educational programs that are designed or advertised to meet educational requirements for a specific license or certification to include states in which the University has determined the curriculum meets educational requirements for licensure or certification; states for which the University has determined its curriculum does not meet the state educational requirements for licensure or certification; and states for which the University has not made a determination that its curriculum meets the state educational requirements for licensure.
  2. Prior to enrolling in any program that leads to licensure or certification, the student should access the South Dakota State University Professional Licensure and Certification webpage and consult with their advisor, appropriate faculty member, program administrator, or the Office of Continuing and Distance Education to ensure understanding of the program requirements and if they do or do not meet the educational requirements for licensure or certification in the state or country in which the student is physically located.
  3. Units will provide a written, electronically or printed, disclosure to new students if the educational program does not meet, or it has not yet been determined to meet, the educational requirements for licensure or certification in the state where the student is located prior to enrollment.
  4. Units will provide a written, electronically or printed, disclosure to current students if it is determined that the educational program does not meet the educational requirements for licensure or certification in the state where the student is located within 14 days of this determination.
Responsible Administrator
The Director of Continuing and Distance Education, successor, or designee is responsible for annual and ad hoc review of this policy and its procedures. The University President is responsible for approval of modifications to this policy.

Approved by President on 04/25/2021. Revised 01/26/2024 (clerical).

Sources: SDBOR Policies and ; SDBOR Guideline 2.3.8.A, University Policy 2:24; Reciprocity Agreements Manual;

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