New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.3 - Institutional Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
An institution applying to the Department for approval to
						offer credit-bearing post-secondary courses or degree programs to New York
						State residents through distance education pursuant to this Subpart
						must:
(a) be legally domiciled in a
					 state other than New York or a United States territory and hold proper
					 authorization from such state/territory to offer degree-granting programs and
					 confer degrees in such state/territory;
(b) be a U.S. degree-granting institution
					 that holds institutional accreditation from an accrediting association
					 recognized by the U.S. Secretary of Education with distance education within
					 its scope of recognition;
(c)
					 possess a financial responsibility index score as defined in section
					 49-2.2(h) 
					 of this Subpart that is 1.5 or above;
(d) agree to abide by the Interregional
					 Guidelines for the Evaluation of Distance Education as defined in section
					 49-2.2(f) 
					 of this Subpart;
(e) agree to be
					 responsible for the actions of any third-party providers used by the
					 institution to offer distance education to individuals located in New York
					 State ;
(f) agree to notify the
					 department of any adverse actions by its accreditor or any negative changes to
					 its accreditation status;
(g) agree
					 to provide any data requested by the department, to the extent permitted by
					 applicable law for the purposes of monitoring activities or responding to or
					 resolving complaints;
(h) agree to
					 work with the Department, other state agencies, and accreditors to resolve any
					 complaints, and to abide by decisions of the Department or other state agencies
					 regarding complaint resolution, including by not limited to paying any fines or
					 other corrective actions imposed;
(i) agree to notify in writing all applicants
					 and students in a course or program that customarily leads to professional
					 licensure or certification, or which a student could reasonably believe leads
					 to such licensure or certification, that the institution is not able to
					 recommend graduates for licensure or certification in New York State and does
					 not know whether the course or program meets licensure requirements in New York
					 State, and also agree to provide the student the contact information for the
					 appropriate state licensing or certification board(s);
(j) agree, in cases where the institution
					 cannot fully deliver the instruction for which a student has contracted, to
					 provide a reasonable alternative for delivering the instruction or reasonable
					 financial compensation for the education they did not receive;
(k) agree to pay a non-refundable fee as
					 prescribed by the department, for the review and processing of an institution's
					 application;
(l) If deemed approved
					 by the Commissioner, agree to pay a non-refundable fee as prescribed by the
					 department, for the maintenance of ongoing administrative costs; and
(m) agree to cease and desist all operations,
					 including offering any distance education programs to individuals located in
					 New York State, upon notification from the department that the institution has
					 lost its eligibility to offer such programs under this Subpart.