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 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.2 - Institutional Eligibility Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible for approval to operate under SARA an
						institution shall:
(a) be legally
					 domiciled in New York State and be authorized by the Board of Regents to confer
					 post-secondary degrees in New York State and offer registered degree programs
					 in New York State;
(b) possess and
					 maintain institutional accreditation, by an accrediting body recognized by the
					 U.S. Secretary of Education, including distance education within the scope of
					 its recognition;
(c) for non-public
					 institutions only, possess a financial responsibility index score from the U.S.
					 Department of Education that is 1.5 or above;
(d) agree to be bound by the SARA policies
					 and standards and to be responsible for the actions of any third-party
					 providers used by the institution to engage in operations under SARA;
(e) agree to remain responsible for
					 compliance with the requirements of SARA and applicable laws and regulations,
					 regardless of whether the institution engages in operations under the agreement
					 itself, or through a third-party provider;
(f) agree to notify the department of any
					 adverse actions by its accreditor or any negative changes to its accreditation
					 status;
(g) agree to satisfy all
					 federal requirements for disclosures regarding professional licensure programs
					 under
					 34 CFR §
												668.43, regardless of whether the institution
					 participates in Title IV programs;
(h) agree, in cases where the institution is
					 unable, after all reasonable efforts, to determine whether a program will meet
					 state professional licensure requirements, to 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;
(i) 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;
(j) agree to provide any data requested by
					 the department, to the extent permitted by applicable law, to assist the
					 department in resolving any complaints arising from its students and to abide
					 by decisions of the department, in order for the department to effectively
					 monitor any activities under the agreement;
(k) upon application submission, pay to the
					 department any state fees for application review and SARA participation as
					 prescribed in section
					 49-1.7  of this
					 Subpart;
(l) pay an annual SARA
					 participation fee to the National Council for SARA (NC-SARA), as required by
					 the SARA policies and standards;
(m) report any other information required by
					 SARA and/or this Subpart; and
(n)
					 agree to provide the institution's and SARA's complaint resolution policies and
					 procedures to all students taking courses under SARA policies.