2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 5 - University of the State of New York › Part 1 - General Organization › 210-C - Interstate Reciprocity Agreement for Post-Secondary Distance Education Programs.

§  210-c. Interstate reciprocity agreement for post-secondary distance
education programs.
INTERSTATE RECIPROCITY AGREEMENT FOR THE POST-SECONDARY DISTANCE
EDUCATION PROGRAMS
Article I
Purpose, findings, and policy
The states party to an interstate agreement desire by common action to
establish  comparable  standards  for  the  offering  of   postsecondary
distance-education courses and programs and to facilitate more offerings
of distance education courses to the students in their state.
Article II
Definitions
As used in this section and any agreements and contracts made pursuant
to it, unless the context clearly states otherwise:
(a)"Accredited" shall mean holding institutional accreditation by name
as  a  U.S.-based  institution from an accreditor recognized by the U.S.
Department of Education.
(b)"Approve"  or  "Approval"  in  the  context  of  an   institutional
application   to  operate  under  the  state  authorization  reciprocity
agreement (SARA) means: a written statement by  a  home  state  that  an
institution  meets  the  standards  required  by SARA and is eligible to
operate under SARA.
(c)"Complaint" means: a formal assertion in writing that the terms  of
this  agreement,  or  of  laws, standards or regulations incorporated by
this agreement, are being violated  by  a  person,  institution,  state,
agency or other organization or entity operating under the terms of this
agreement.
(d) "Council" means: the National Council for SARA.
(e)"C-RAC  guidelines"  and  other  uses  of  "C-RAC"  refers  to  the
Interregional  Guidelines  for  the  Evaluation  of  Distance  Education
Programs  (Online Learning) for best practices in postsecondary distance
education adopted by the Council  of  Regional  Accrediting  Commissions
(C-RAC).
(f)   "Distance  education"  means,  for  purposes  of  an  interstate
reciprocity agreement under this section:  instruction  offered  by  any
means  where  the  student  and  faculty member are in separate physical
locations. It includes, but is not limited to, online, interactive video
or correspondence courses or programs. It does  not  include  intrastate
distance education activity.
(g) "Home state" means: a member state where the institution holds its
legal  domicile. To operate under SARA an institution must have a single
home state.
(h) "Institution" means: a degree-granting postsecondary entity.
(i) "Legal domicile" of an institution for purposes of eligibility  in
an  interstate  agreement  means  the  state  in which the institution's
principal  campus  holds  its  institutional   accreditation   and,   if
applicable,  its  federal  Office  of Postsecondary Education Identifier
(OPEID) number. In the event that the OPEID  number  is  assigned  to  a
campus  that  is  in  a  different  state  than the principal accredited
campus, the SARA committees of  the  affected  regional  compacts  shall
determine which is the home state for purposes of SARA.
(j)  "Member  state"  means: any state, district or territory that has
joined SARA.
(k) "Physical presence" means: a measure by which a state defines  the
status  of  an  educational institution's presence within the state. The
distance education activities  of  an  educational  institution  with  a
physical  presence  within the state are not covered under an interstate

reciprocity  agreement  under  this  Act  and  instead  must  meet   the
requirements of the state.
(l)  "Portal  agency" means: the single agency designated by the state
to serve as the interstate point of contact  for  questions,  complaints
and  other  communications  related to the interstate compact and/or any
regional compact.
(m) "Regional compact" means  one  of  New  England  Board  of  Higher
Education,   Midwestern  Higher  Education  Compact,  Southern  Regional
Education Board or Western Interstate Commission for  Higher  Education,
or another SARA interstate regional compact for the mid-Atlantic states.
(n)  "State  authorization reciprocity agreements" or "SARA" means: an
agreement among member  states,  districts  and  U.S.  territories  that
establishes  comparable  national  standards  for interstate offering of
post-secondary distance-education courses and programs.
Article III
 Interstate reciprocity agreements for postsecondary distance education
(a) The commissioner shall have the authority on behalf of New York to
enter into SARA and/or any regional compacts on  behalf  of  this  state
with  one  or  more  other  states  to  provide  for  the reciprocity of
postsecondary  distance  education  and  to  carry  out  all  activities
necessary to carry out such function.
(b)   Upon  entrance  into  SARA  and/or  any  regional  compact,  the
department shall:
(i) be designated as the portal agency and shall  be  responsible  for
the  administrative  and functional responsibilities of participation in
SARA.   The department  shall  not  be  responsible  for  all  oversight
activities  of  providers  in the state, but shall be the portal for the
state;
(ii) consider applications from degree-granting  institutions  on  the
same basis and either:
(A)  approve  any  institutions  that  meet the standards of SARA, and
agree to the process and commitments of SARA without differentiating  by
sector;
(B)  disapprove  any  institution  that does not meet the standards of
SARA, or does not agree to the process and commitments of SARA; or
(C) may approve an institution applying for initial  participation  in
SARA  to  participate  on  a  provisional status in any of the following
circumstances:
(I) the institution is on probationary status or the  equivalent  with
its institutional accrediting body;
(II)  the  institution  is using a letter of credit or is under a cash
management agreement by the U.S. Department of Education;
(III)  the  institution  is  the  subject  of  a  publicly   announced
investigation  by  a government agency, and the investigation is related
to the institution's academic quality, financial stability or student or
consumer protection; or
(IV) the institution is the subject of a current investigation by  its
home  state  related  to  the  institution's academic quality, financial
stability or student or consumer protection.
(iii) prescribe state processes for consumer protection and complaints
in regulations of the commissioner, as required by SARA;
(iv) operate under the processes, procedures and  guidelines  required
by  SARA,  including  the Interregional Guidelines for the Evaluation of
Distance Education developed by  the  Council  of  Regional  Accrediting
Commissioners, if required by SARA;
(v)  serve  as  the  default  forum for any complaint filed against an
institution  approved  by  the  state  to  participate  in   the   state
authorization   reciprocity   agreement  and  the  department  shall  be

responsible for  coordinating  any  such  efforts  and  shall  have  the
authority  to  investigate and resolve complaints that originate outside
of the state. All other state agencies  and  governing  boards  of  such
institutions shall assist as necessary in such investigations and report
as needed to the department;
(vi) impose as a penalty refunds or other corrective action to resolve
complaints involving residents of other states;
(vii) maintain written documentation of:
(A) all formal complaints received;
(B)  complaint  notifications provided to institutions and accrediting
agencies;
(C)  actions  taken  that  are  commensurate  with  the  severity   of
violations; and
(D) complaint resolutions.
(viii)  report complaints and concerns to the institutions about which
the compliant is lodged, the home state portal  agency  responsible  for
the institution, and, if appropriate, any accrediting bodies; and
(ix)  impose  an  annual  fee  on any institution participating in any
interstate agreement, in an amount prescribed  by  the  commissioner  in
regulations  which  shall  be  consistent  with any fees required by the
interstate agreement and any fees required for the state  to  administer
SARA.  Any institution that is removed from eligibility from SARA during
the period of approval receives no fee refund; and
(x) report any information required by the National Council for SARA.
Article IV
Institutional eligibility for admission to SARA
An institution applying to operate pursuant to SARA under this section
shall:
(a) have its principal campus or central administrative unit domiciled
in a state that has joined SARA and be authorized  to  operate  in  that
state.  Only distance education content originating in the United States
or a U.S. territory is eligible to be offered under the agreement;
(b) be a U.S. degree-granting institution that  is  accredited  by  an
accrediting body recognized by the U.S. Secretary of Education;
(c)  agree  to  be bound by any standards, processes and/or guidelines
required  by  SARA,  including  the  Interregional  Guidelines  for  the
Evaluation  of  Distance  Education developed by the Council of Regional
Accrediting Commissioners, if required by SARA;
(d) agree to remain responsible for compliance with  the  requirements
of  SARA  and  applicable  laws,  regardless  of whether the institution
engages in operations  under  SARA  itself,  or  through  a  third-party
provider;
(e)  agree  to notify the education department of any negative changes
to its accreditation status;
(f) agree to provide any data requested by the  education  department,
to  the extent permitted by applicable law, and assist the department in
resolving any complaints arising from  its  students  and  to  abide  by
decisions  of  the  department, in order for the education department to
effectively monitor any activities under the agreement;
(g) report any information required by SARA and/or this section.
Article V
Approved and accepted programs
Nothing in this section shall be  construed  to  repeal  or  otherwise
modify  any  law or regulation of this state relating to the approval of
any other educational programs not covered by this section.
Article VI
Effect and withdrawal
1. This section shall become effective upon this state's execution  of
SARA and/or regional compact for distance education.
2.  The  duration  of any regional compact and/or interstate agreement
and the methods and conditions of withdrawal therefrom  shall  be  those
specified in their terms.