Body
Owner: Ryan Sandefer
Author: Kristina Church and Jeri Collier
Effective Date: 07-31-2022
Revised Date: 07-31-2022
Next Review Date: 07-01-2024
Applicable Laws, regulations, compliance: U.S. Code of Federal Regulations 34 §C.F.R. 668.43(a)(5)(v) and 34 §C.F.R. 668.43(c). NC-SARA reciprocity regulations.
I. Purpose
This policy outlines the requirements set forth by federal regulations and reciprocity agreements around programs that lead to professional licensure. A Professional Licensure Program (PLP) is an academic program offered by institutions of higher learning designed, marketed, or advertised to meet educational requirements: (1) for a specific license or certification; and (2) is required for employment in an occupation.
The U.S. Code of Federal Regulations, specifically 34 §C.F.R. 668.43(a)(5)(v) and 34 §C.F.R. 668.43(c) require direct and indirect disclosures by institutions regarding educational requirements for programs leading to professional licensure on a state-by-state basis (regardless of the modality).
Institutions must also determine the state where a student is located, which is required to be applied consistently to all current and prospective students and documented in college policy and procedures.
In addition, the National Council for State Authorization Reciprocity Agreement (NC-SARA) requires the College to adhere to stricter guidelines. It allows us to provide distance learning programs (both online and in the form of supervised field experiences) and coursework to residents of states other than Minnesota.
This policy aims to outline the federal regulations and reciprocity agreement requirements and the College’s definitions in the context of these regulations.
Scope of the College Licensure & Location Policy
As mentioned above, the College is a member of the National Council for State Authorization Reciprocity Agreement (NC-SARA). NC-SARA membership, however, does not grant reciprocity or exempt the College from state professional licensing requirements. As a result, licensing or certification requirements in Minnesota may not be recognized as sufficient to obtain a license in other states. Additionally, institutions must NOT assume that if a program meets its home state board requirements, and another state accepts that license through a compact or reciprocity, the program logically meets the requirement of the other state. The current standard of review must be premised upon the current licensure requirements by that state and the College’s current program.
In essence, NC-SARA policy has no effect on state professional licensing requirements. Any institution approved to participate in NC-SARA that offers courses or programs designed to lead to professional licensure or certification or advertised as leading to licensure must satisfy all federal requirements for disclosures regarding such professional licensure programs under 34 §C.F.R. 668.43.
II. Policy
Indirect Disclosure
A general professional licensure disclosure is a regulation of the U.S. Department of Education requiring all colleges and universities to communicate publicly to prospective and current students about: (1) academic programs that will or will not fulfill educational requirements for a specific professional licensure that is required for employment in that field; and (2) academic programs that meet or do not meet the education requirements for licensure for each state and U.S. territory regardless of the delivery mode of the program.
The College will provide a public listing in accordance with federal law stated below:
(A) A list of all States for which the institution has determined that its curriculum meets the State educational requirements for licensure or certification;
(B) A list of all States for which the institution has determined that its curriculum does not meet the State educational requirements for licensure or certification; and
(C) A list of all States for which the institution has not made a determination that its curriculum meets the State educational requirements for licensure or certification
For NC-SARA regulations, institutions that are unable, after all, reasonable efforts, to determine whether a program will meet state professional licensure requirements shall provide the student or applicant with current contact information for any applicable licensing boards, and advise the student or applicant to determine whether the program meets requirements for licensure in the state where the student is located.
Direct Disclosure
Prospective Students
A prospective student is defined as an individual who has contacted an eligible institution requesting information concerning admission to that institution. A direct disclosure must be made directly to the student in writing, which may include email or other electronic communication.
If the institution has made a determination under B and C in the above section that the program's curriculum does not meet the state educational requirements for licensure or certification in the state in which a prospective student is located, or if the institution has not made a determination regarding whether the program's curriculum meets the state educational requirements for licensure or certification, the institution must provide notice to that effect to the student prior to the student's enrollment in the program.
Current Students
A current student is a student that has actively registered for courses and is not considered inactive due to not registering for three consecutive semesters. The institution must provide notice to a student within 14 calendar days of making the following determinations:
(A) That a program's curriculum does not meet the state educational requirements for licensure or certification in a state in which a student who is currently enrolled in such program is located;
(B) The student initiates a change of major into a PLP and the institution makes a determination that a program's curriculum does not meet the state educational requirements for licensure or certification in that program and state; and
(C) The student initiates a change of address (state) and the institution makes a determination that a program's curriculum does not meet the state educational requirements for licensure or certification in that particular state.
Location
For the purposes of adherence to the direct disclosure federal requirements, the institution must make a determination regarding the state in which a student is located. The policy must be applied consistently to all students. The institution must, upon request, provide the Secretary with written documentation of its determination of a student's location, including college policy and the basis for such determination.
The College defines location as the state where the student resides using the permanent home address in the Banner system; for prospective students, this is the state they live in at the time entered into the Salesforce system. For students whose permanent address does not include a U.S. State or territory (e.g., students living outside the United States), their location shall be considered the state of Minnesota.
Location designations shall remain in effect unless and until a student changes the U.S. State or territory listed in their permanent address using the Banner Web system. Once a student enters a new U.S. State or territory, the College will consider the new U.S. State or territory as the student’s location for the purposes of this policy.
Definitions:
Current student: A current student is a student that has actively registered for courses and is not considered inactive due to not registering for three consecutive semesters.
Direct disclosure: A direct disclosure is a regulation made directly to the student in writing, which may include email or other electronic communication.
Indirect disclosure: An indirect disclosure is a regulation to communicate publicly to prospective and current students (e.g., external website)
Professional Licensure Program: A Professional Licensure Program (PLP) is an academic program offered by institutions of higher learning designed, marketed, or advertised to meet educational requirements: (1) for a specific license or certification; and (2) is required for employment in an occupation.
Prospective student: A prospective student is defined as an individual who has contacted an eligible institution requesting information concerning admission to that institution.
State: A State of the Union, American Samoa, the Commonwealth of Puerto  Rico, the District of Columbia, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. The latter three are also known as the Freely Associated States.